PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on July 28, 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
Attachment
1) Exhibit A – Authorized Positions List FY 2026-2027
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AUTHORIZED POSITIONS LIST
PCN Title FY25 FY26
FY27
Adopted
Proposed
Changes
FY27
Proposed
COUNCIL MEMBER 4 4 4 4
MAYOR 1 1 1 1
11-City Council Total 5 5 5 0 5
ADMINISTRATIVE SPECIALIST-CONF 1 1 1 1
CITY MANAGER 1 1 1 1
DEPUTY CITY MANAGER 1 1 1 1
EMERGENCY SERVICES COORDINATOR 1 1 1 1
MANAGEMENT ANALYST I 1 1 1 1
MANAGEMENT ANALYST II 1 1 1 1
RECYCLING & SOLID WASTE MGR 1 1 1 1
SUSTAINABILITY ANALYST I/II 1 1 1 1
12-City Manager's Office Total 8 8 8 0 8
CITY CLERK 1 1 1 1
14-City Clerk Total 1 1 1 0 1
ACCOUNTANT 1 1 1 1
ACCOUNTING MANAGER 1 1 1 1
ADMINISTRATIVE ASSISTANT II 1 1 1 1
BUSINESS LICENSE COORDINATOR 0 1 1 1
FINANCE DIRECTOR 1 1 1 1
FINANCE SPECIALIST III 4 3 3 3
JUNIOR ACCOUNTANT 0 1 1 1
LEAD PAYROLL TECHNICIAN 1 1 1 1
OFFICE SPECIALIST I/II 1 1 1 1
REVENUE COLLECTION MANAGER 1 1 1 1
SENIOR ACCOUNTANT 2 2 2 2
15-Finance Total 13 14 14 0 14
ADMINISTRATIVE SPECIALIST-CONF 0.5 0.5 0.5 0.5
HUMAN RESOURCES ANALYST I 1 1 0 0
HUMAN RESOURCES ANALYST II 0 0 1 1
HUMAN RESOURCES DIRECTOR 1 1 1 1
HUMAN RESOURCES MANAGER 1 1 1 1
HUMAN RESOURCES TECHNICIAN 1 1 1 1
16-Human Resources Total 4.5 4.5 4.5 0 4.5
ADMINISTRATIVE ASSISTANT I 0.5 0.5 0.5 0.5
CYBER SECURITY MANAGER 1 1 1 1
INFO TECHNOLOGY DIRECTOR 1 1 1 1
SENIOR SYSTEMS ANALYST 3 3 3 3
SYSTEMS ANALYST 1 1 1 1
TECH SUPPORT SPECIALIST II 2 2 2 2
WEB & DATABASE ADMINISTRATOR 1 1 1 1
17-Information Technology Total 9.5 9.5 9.5 0 9.5
Appendix A
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AUTHORIZED POSITIONS LIST
PCN Title FY25 FY26
FY27
Adopted
Proposed
Changes
FY27
Proposed
COMMUNITY RESOURCES COORDINATR 1 1 1 1
COMMUNITY SERVICE AIDE 5 7 7 7
CONFIDENTL OPERATION ASSISTANT 2 2 2 2
CRIME ANALYST 1 1 1 1
EXEC ASST TO THE POLICE CHIEF 1 1 1 1
PERSONNEL & TRAINING SUPERVISO 1 1 1 1
POLICE CADET 4.5 4 4 4
POLICE CAPTAIN 2 2 2 2
POLICE CHIEF 1 1 1 1
POLICE DEPT OFFICE COORDINATOR 1 1 1 1
POLICE DEPUTY CHIEF 1 0 0 1 1
POLICE LIEUTENANT 6 6 6 6
POLICE OFFICE ASSISTANT 6 6 6 6
POLICE OFFICER 55 55 55 -1 54
POLICE OFFICER - COPPS 2 2 2 2
POLICE OFFICER (FROZEN) 1 2 2 2
POLICE RECORDS SUPERVISOR 1 1 1 1
POLICE SERGEANT 13 13 13 13
POLICE SERGEANT - COPPS 1 1 1 1
PROPERTY & EVIDENCE SPECIALIST 2 2 2 2
PROPERTY & EVIDENCE SUPERVISOR 1 1 1 1
PUBLIC SERVICES OFFICER II 1 1 1 1
21-Police Total 109.5 111 111 0 111
ADMINISTRATIVE ASSISTANT II 1 1 1 1
ADMINISTRATIVE ASSISTANT III 2 2 2 2
ASSISTANT TRANSIT PLANNER 1 0 0 0
ASSOCIATE TRANSIT PLANNER 1 0 0 0
CITY ENGINEER 1 1 1 1
ENGINEER I 1 1 1 1
ENGINEER II 1 1 1 1
ENGINEER III 1 1 1 1
FACILITY MAINTENANCE WORKER 2 2 2 2
FLEET SUPERVISOR 1 1 1 1
GROUNDS SUPERVISOR 1 1 1 1
LEAD CONSTRUCTION INSPECTOR 1 1 1 1
LEAD FACILITIES MAINTENANCE WORKER 1 1 1 1
MAINTENANCE I - PARKS & GROUND 13 12 13 13
MAINTENANCE I - STREETS 7 7 7 1 8
MAINTENANCE II - PARKS & GROUN 5 5 5 5
MAINTENANCE II - STREETS 2 2 2 2
MAINTENANCE III - PARKS & GROUND 0 1 1 1
PRINCIPAL CIVIL ENGINEER 1 1 2 2
PUBLIC WORKS DIRECTOR 1 1 1 1
PUBLIC WORKS INSPECTOR 1 1 1 1
PUBLIC WORKS MAINTENANCE II 1 1 1 1
PUBLIC WORKS SUPERINTENDENT 1 1 1 1
SPECIAL PROJECTS COORDINATOR 1 1 1 -1 0
Appendix A
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AUTHORIZED POSITIONS LIST
PCN Title FY25 FY26
FY27
Adopted
Proposed
Changes
FY27
Proposed
STREET SWEEPER OPERATOR 2 2 2 2
STREETS SUPERVISOR 1 1 1 1
SUPERVISING CONST INSPECTOR 1 1 1 1
TRANSIT ANALYST I 0 1 1 1
TRANSIT ANALYST II 0 1 1 1
TRANSIT COORDINATOR 1 1 1 1
TRANSIT MANAGER 1 1 1 1
VEHICLE EQUIP TECHNICIAN 1 0 0 0
VEHICLE HEAVY EQUIP MECHANIC 2 2 2 2
30-Public Works Total 57 56 58 0 58
ADMINISTRATIVE ASSISTANT II 1 1 1 1
ADMINISTRATIVE ASSISTANT III 1 1 1 1
ASSISTANT PLANNER 1 1 1 1
ASSOCIATE PLANNER 1 1 1 1
BUILDING PERMIT TECHNICIAN 1 2 2 2
BUILDING PERMIT TECHNICIAN II 0.5 0.5 0.5 0.5
BUILDING/CODE COMPLIANCE COORD 1 1 1 1
BUILDING/CODE COMPLIANCE INSPE 1 1 1 1
CHIEF BLDG OFF/SR PLANS EXAMIN 1 1 1 1
COMMUNITY DEVELOPMENT TECH 0.5 0.5 0.5 0.5
ECONOMIC & COMM DEV DIR 1 1 1 1
ECONOMIC DEVELOPMENT COORDINAT 1 1 1 1
ECONOMIC DEVELOPMENT MANAGER 1 1 1 1
ENVIRONMENTAL PROG INSPECTOR 2 0 0 0
ENVIRONMENTAL PROG INSPECTOR (SENIOR) 0 1 1 1
ENVIRONMENTAL PROG TECHNICIAN 0 1 1 1
ENVIRONMENTAL PROGRAMS MANAGER 1 1 1 1
HOUSING & COMMUNITY DEVELOP MANAGER 1 1 1 1
NEIGHBORHOOD PRESERVATION INSPECTOR 1 1 1 1
PLANNING MANAGER 1 1 1 1
SENIOR PLANNER 1 1 1 1
SR BUILDING/CODE COMPLIANCE INSPE 1 1 1 1
40-Economic & Comm Dev Total 20 21 21 0 21
ADMINISTRATIVE ASSISTANT II 4 4 4 4
ADMINISTRATIVE ASSISTANT III 1 1 1 1
CASE MANAGER 3 3 3 3
CLINICAL SUPERVISOR 1 1 1 1
COMMUNITY & RECREATION PROGRAM SPECIALIST 2 2 2 2
COMMUNITY SERVICES MANAGER 1 1 1 1
CRS DIRECTOR 1 1 1 1
CRS MANAGER 1 1 1 1
FACILITIES MAINT ATTENDANT 0.5 0.5 0.5 0.5
HOMELESS PROG COORDINATOR 1 1 1 1
HOMELESS PROG OUTREACH WORKER 1 1 1 1
INTERV COUNSELOR (PEG) 1 1 1 1 2
INTERV COUNSLR (MEG) 1 1 1 -1 0
Appendix A
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AUTHORIZED POSITIONS LIST
PCN Title FY25 FY26
FY27
Adopted
Proposed
Changes
FY27
Proposed
LEISURE SERVICES MAINT WORKER 1 1 1 1
OFFICE SPECIALIST I/II 2.25 2.25 2.25 2.25
OFFICE SPECIALIST III 0.75 0.75 0.75 0.75
PRESCHOOL SITE SUPERVISOR II 2 2 2 2
PRESCHOOL SITE SUPV I 1.25 1.25 1.25 1.25
PROGRAM COORDINATOR (SEIU-PT) 1.5 1.5 1.5 1.5
RECREATION ADMINISTRATIVE TECH 1 1 1 1
RECREATION PROGRAM COORDINATOR 4 4 4 4
RECREATION SUPERVISOR 3 3 3 3
SENIOR RECREATION SUPERVISOR 1 1 1 1
YOUTH EMPLOYMENT COORD 1 1 1 1
YOUTH SERVICES SPECIALIST 1 1 1 1
50-Community & Rec Svcs Total 38.25 38.25 38.25 0 38.25 Citywide Total 265.75 268.25 270.25 0 270.25
Appendix A
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Item 6.4.
Quarterly Financial Report and
Adopt a Resolution to Amend the
City’s Authorized Positions List for
FY 2026-2027
July 28, 2026
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2 Summary
Quarterly Financial Report
• Focus on the General Fund
• Examining FY26 and projecting FY27 revenues, expenditures and year end surplus/deficit
• FY25 – challenging to complete the audit due to software conversion • Report is unaudited. Numerous adjustments and accruals still need to be finalized
Authorized Positions List
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3 FY 2025-2026 General Fund
Details in Attachment 1 – Quarterly Financial Report
FY 2025-2026 Revenues Expenditures Surplus/Defici
t
Adopted Budget $85,290,814 $85,993,757 $702,943
Latest Projection $87,464,626 $87,487,948 $23,322
Change $2,173,812 $1,494,191
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4 FY26 General Fund Revenues
Franchise Fee and Business License Tax revenues were stronger than anticipated for FY26
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5 51111 Regular Part Time Pay: Higher usage in HR and Finance for special projects. Still researching City Manager, PD and CRS’ regular part-time staffing pay details FY26 GF Exp – 51111 Regular PT
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6 51112 Seasonal Part-Time/Temp Pay: $200,000 for Finance and HR using staffing to assist with software migration. Further researching PW, PD and CRS FY26 GF Exp – 51112 Seasonal
PT/Temp
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7 51115 Overtime: Budget is overambitious, and future budgets will target actuals.
FY26 OT expenses higher than usual for homeless cleanups, community and special assignments and Finance functions
FY26 GF Exp – 51115 Overtime
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8 51130 Anticipated Salary Savings: $2,3000,000 anticipated salary savings is no longer feasible due to vacancies. Typical vacant positions filled quickly, efforts to cross-train, temporary staffing to provide service continuity
FY26 GF Exp – 51130 Anticipated Salary
Savings
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9 FY 2026-2027 General Fund
Increased revenues based on prior year revenues received.
Removing $1,150,000 “anticipated salary savings” increases expenditure projections
FY 2026-2027 Revenues Expenditures Surplus/Defici
t
Adopted Budget $89,189,014 $89,070,970 $118,044
Latest Projection $90,353,750 $90,220,970 $130,780
Change $1,164,736 $1,150,000
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10 FY 2026-2027 General Fund
Other considerations for FY 2026-2027:
• GF revenues relies on $5,075,800 from development permits and fees. • Union City will pay approximately $220,000 more for parametric (earthquake insurance)
• Updated Fremont Dispatch Agreement will cost Union City $250,000 or more each year
• Updated Alameda County Fire services approximately $800,000 more than UC Adopted Budget
Staff continuously monitoring revenues while being prudent of our expenditures
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11 Authorized Positions List
Staff is seeking City Council approval to Authorized Position List changes:
1. Deputy Police Chief: This position is recommended to be added to implement succession planning activities for the department, in response to anticipated department retirements and staffing needs. Staff will reduce the Police Officer position by one to maintain the same number of sworn officers in the Police Department.
2. Intervention Counselor (PEG): Staff eliminated the one Intervention Counselor from the Management Employee Group (MEG) line and hired a second Intervention Counselorfrom the Professional Employee Group (PEG) line. This is an administrative cleanup to reflect the current staffing in the YFS division of the Community and Recreation Services Department.
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12 Authorized Positions List (continued)
3. Maintenance I – Streets: There is a Special Projects Coordinator position primarily focused on graffiti abatement activities. City operations no longer require this dedicated position, which has historically been completed within the Maintenance I level classification.
Exhibit A shows the citywide Authorized Position List, including what was adopted for FY2026-2027 and the proposed changes.
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13 Recommended Action
It is Recommended that the City Council:
üReceive and file the Quarterly Financial Report, and
üAdopt the Resolution amending the City’s Authorized Positions List for Fiscal Year 2026-2027
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I also encourage the Council to consider presenting key financial indicators in a standardized dashboard format each quarter. Examples might include General Fund reserves, recurring revenue growth, recurring expenditure growth, personnel cost growth, pension obligations, sales tax trends, commercial vacancy rates, and major capital funding status. Presenting the same indicators consistently each quarter would improve transparency while allowing both Council and the public to evaluate longer-term fiscal trends.
Finally, I respectfully suggest distinguishing between one-time financial events and recurring structural conditions. One-time grant awards, settlements, reimbursements, or unexpected revenues can improve a single fiscal year without necessarily improving the City's long-term financial position.
Conversely, recurring expenditure growth may indicate emerging structural issues even when current budgets remain balanced.
The City's Strategic Plan appropriately identifies long-term fiscal sustainability as a central objective.
Quarterly financial reporting provides one of the best opportunities to demonstrate whether the City remains on that trajectory through objective, consistent, and measurable financial analysis.
I appreciate staff's continued work and encourage continued refinement of these reports as important governance tools supporting transparency, accountability, and informed policy decisions.
Thank you for your consideration.
Sincerely,
Henry Soong
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City Council Staff Report Page 1 of 4 July 28, 2026
Staff Report
Agenda Item No. 6.5
DATE: July 28, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Kris Kokotaylo, City Attorney
SUBJECT: Adopt a Resolution Approving and Adopting the City of Union City City Council Handbook
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution approving and adopting the proposed City of Union City City Council Handbook (the “Handbook”), that among other items, formalizes unwritten historical practices and individual Municipal Code sections related to City Council powers, compensation, meeting procedures, and administration and as well as various ethical guidelines (conflicts of interest, nepotism, and compatibility of offices).
STRATEGIC PLAN ALIGNMENT
This item is related to Strategic Plan Goal B: Governance and Organization Effectiveness.
BACKGROUND
The City of Union City currently lacks a formal, comprehensive Councilmember handbook that sets forth the operational procedures, administrative guidelines, and statutory obligations of the City Council. In addition to operating under the applicable laws of California and the City of Union City Municipal Code, the City has relied on a mix of unwritten historical practices and relevant guidelines. In an effort to conduct its business in an orderly and fair manner, the City Council formally adopted certain Council Norms by Resolution No. 5703-21, on January 12, 2021.
The Legislation and Policy Committee (the “Committee”) first considered a comprehensive draft Handbook at its meeting on April 20, 2026. After reviewing the complete document, the Committee provided direction on various provisions for refinement and guidance where requested by staff.
The Committee considered a revised Handbook on June 1, 2026, and directed staff to bring the Handbook to the City Council for review and consideration for adoption. Aside from one component of the Handbook (discussed later in this report), the Committee agreed with the Handbook's proposed provisions.
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Agenda Item No. 6.5
City Council Staff Report Page 2 of 4 July 28, 2026
This Handbook seeks to formalize the current unwritten historical practices and individual Municipal Code sections related to City Council powers, compensation, meeting procedures, and administration, as well as various ethical guidelines (conflicts of interest, nepotism, and compatibility of offices). It establishes a transparent, centralized resource for City Councilmembers, staff, and the public to reference.
DISCUSSION
Operating under the City’s current fragmented model creates the possibility of procedural ambiguity, lacks a clear roadmap for governance, and relies on institutional knowledge for practices, procedures, and existing rules. The Handbook addresses these issues by creating a formally structured document that serves as a central reference point on a variety of topics related to Council governance.
The Handbook is designed to incorporate the rules and policies approved by the City Council. The objectives of the handbook are to:
1. Serve as a reference document for the City Council.
2. Provide comprehensive orientation information for new City Councilmembers; and
3. Enable the City Council to compile and maintain operational practices that are agreed upon effectively.
The rules within the Handbook may be waived by a supermajority (4/5) vote of the Councilmembers when it is deemed there is good cause to do so based on the particular facts and circumstances, unless legally impermissible under federal, state, or local law.
The proposed Handbook organizes existing city protocols and legal obligations into eight distinct operational chapters identified and summarized below.
Mayor and City Council:
• Sets forth the Council Code of Ethics. As elected representatives of the City of Union City, members of the City Council hold a unique position of public trust. The actions and decisions of Councilmembers reflect the values of the City and its residents. The Code of Ethics guides the behavior of Councilmembers and promotes integrity, accountability, and transparency in all aspects of their duties.
Among the categories covered in this section are ethical leadership, respect and civility, decision-making based on merit, and the maintenance of confidential information.
• Establishes the formal process by which the Council sets long-term strategic plans and annual operational goals for the City and outlines the clear boundary between the legislative and policy-making functions of the Council and the administrative execution managed by City staff.
• Identifies the role of Mayor and Vice-Mayor, appointments to other bodies, terms of office and steps for filling vacancies among other laws and Council-established rules.
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Agenda Item No. 6.5
City Council Staff Report Page 3 of 4 July 28, 2026
• References the Council-approved resolution related to benefits, travel and expense reimbursement policies and includes a section for Council consideration related to the transfer of unused travel funds to a discretionary fund (this will be addressed later in the report).
Meetings:
• Formally structures the order of business, public comment intervals, and agenda publication deadlines to maximize public transparency. Mostly reflects existing practices and procedures.
• Deviates from the current practice of having a one meeting City Council recess in August and establishes a legislative break for the full month of August that applies to all Council, Board and Commission meetings. This practice aligns with the majority of the cities evaluated. The City Council can call special meetings as needed.
Agenda:
• Sets forth the established agenda format, distribution and publication procedures. • Establishes procedures for public hearings.
Conflicts, Liability, and Decorum:
• Consolidates mandated state conflicts of interest laws, financial disclosure requirements (Form 700), and required state law trainings including AB 1234, AB 1661 and 1825, and SB 827.
• Provides the process for decorum and order of Council meetings and establishes the Chair as determining points of order and other questions regarding interpretation of the rules of decorum.
Administration:
• Outlines the administrative support for, and roles and functions of City Council relative to subordinate offices in the City.
• Consistent with the Council-Manager form of government, provides for noninterference with City Manager functions. • Formally documents nepotism restrictions regarding the hiring, promotion, or direct supervision of immediate family members within City employment to ensure meritbased governance.
Communications:
• Identifies the process for interacting with the public at Council meetings, including establishment of a standard two (2) minute public comment period, subject to adjustment by the presiding officer.
• Provides that each Councilmember has five (5) minutes to speak on each item before other Councilmembers are given an opportunity, at which time Councilmembers who have spoken can speak again.
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Agenda Item No. 6.5
City Council Staff Report Page 4 of 4 July 28, 2026
• All Councilmember correspondence using City letterhead shall represent the views of the Councilmember individually and not those of the whole Council unless otherwise approved. All Councilmember correspondence using City resources shall be available to the full Council. All such communications shall be provided in copy to staff for record retention purposes.
Resolutions, Ordinances and Minute Orders:
• Memorializes state law provisions related to adoption of formal Council actions.
Council Committees:
• Memorializes the process for establishment and appointment to various committees as well as typical processes for same.
As identified earlier in this report, the Handbook has been reviewed and unanimously approved by the Legislation and Policy Committee except for one provision. Specifically, the City Council earlier referred to the Committee for consideration and recommendation the establishment of a policy that would allow the City Council to authorize Councilmembers who have unused travel funds at the conclusion of a fiscal period, or upon the completion of scheduled engagements, to officially designate those funds as discretionary funds. These discretionary funds could then be provided to qualifying nonprofits, subject to Council approval of a budget amendment and transfer.
The Committee was unable to reach consensus on this issue, and the Council should determine whether it wants to include this provision before approving and adopting the Handbook.
FISCAL IMPACT
There will be no financial impact associated with this action.
RECOMMENDATION
Staff recommends that the City Council first determine whether it wants to allow a discretionary funds process for unused travel funds and then adopt a resolution approving and adopting the proposed City of Union City City Council Handbook.
Prepared by: Erica Gonzalez, Senior Associate
Submitted by: Kristopher Kokotaylo, City Attorney
Attachments
1. Draft Resolution
2. Resolution Exhibit A – City Council Handbook
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RESOLUTION NO. 2026-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
APPROVING AND ADOPTING THE CITY OF UNION CITY CITY
COUNCIL HANDBOOK
WHEREAS, the City Council of the City of Union City currently has no single, formal comprehensive handbook that unifies and sets forth its procedures, governance guidelines, and applicable statutory obligations; and
WHEREAS, the City Council previously adopted Resolution No. 5703-21 on January 12, 2021, to establish certain norms and rules of conduct for its members; and WHEREAS, City staff, in conjunction with the Legislation and Policy Committee, has developed a comprehensive City Council Handbook (the “Handbook”), attached hereto as Exhibit “A”, which codifies existing laws, local municipal codes, and established practices concerning council goals, powers, duties, vacancies, ethics, compensation, meeting protocols, decorum, and administration, keeping the above practices and guidelines in mind; and
WHEREAS, the adoption of this Handbook formalizes and centralizes current practices and state mandates for enhanced transparency and efficient governance; and WHEREAS, the City Council finds that establishing a unified governance document serves the public interest, ensures legal compliance, and provides an invaluable onboarding and operational resource for current and future City Councilmembers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that:
Section 1. Recitals. The foregoing recitals are true and correct and hereby incorporated by reference.
Section 2. Adoption of Handbook. The City Council hereby approves and adopts the City of Union City City Council Handbook, attached hereto as Exhibit “A” and incorporated by reference as though fully set forth herein.
Section 3. Maintenance and Updates. The Manager and City Attorney are hereby authorized to make technical, non-substantive updates to the Handbook as necessary to maintain accurate references to changing section numbers in state statutory codes or local ordinances, provided such changes do not alter the policy intent of the document.
Section 4. CEQA. The adoption of this Resolution and Handbook is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (the "common sense" exemption), which applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. This action merely formalizes existing internal administrative procedures and rules of governance, and does not authorize any physical development, construction, or operational changes that could impact the environment. 397 of 452
Resolution No. 2026-XXX
Adopting the City Council Handbook
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on July 28, 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 – City Council Handbook
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City Council Handbook
City of Union City
City Clerk’s Office
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Table of Contents
CHAPTER 1 – MAYOR AND CITY COUNCIL .................................................................... 5 INTRODUCTION.................................................................................................................. 5 ADHERENCE TO COUNCIL HANDBOOK .......................................................................... 5 CONSEQUENCES FOR VIOLATING THE HANDBOOK..................................................... 5 COUNCIL MEMBERS CODE OF ETHICS FOR THE CITY OF UNION CITY ..................... 5 COUNCIL GOALS AND PRIORITIES.................................................................................. 9 GENERAL POWERS AND RESPONSIBILITIES OF THE CITY COUNCIL......................... 9 DISTRICTS ........................................................................................................................ 10 POWERS AND DUTIES OF THE MAYOR ........................................................................ 10 NOMINATION AND ROLE OF THE VICE MAYOR............................................................ 10 POWERS AND DUTIES OF THE COUNCIL ..................................................................... 10 TERM OF OFFICE............................................................................................................. 10 VACANCIES ...................................................................................................................... 11 COUNCIL SERVING AS MEMBERS OF OTHER AGENCIES .......................................... 11 COUNCIL ASSIGNMENTS................................................................................................ 11 INCOMPATIBLE OFFICE OR EMPLOYMENT .................................................................. 12 MAYOR/COUNCIL COMPENSATION............................................................................... 12 SERVICE AWARDS, RECOGNITIONS, AND PROCLAMATIONS POLICY...................... 12 POLICY GOVERNING EXPENSES OF THE CITY COUNCIL........................................... 12 DISCRETIONARY FUNDS ................................................................................................ 12 CHAPTER 2 – MEETINGS ................................................................................................ 14 REGULAR MEETINGS ...................................................................................................... 14 SPECIAL MEETINGS ........................................................................................................ 14 CLOSED SESSIONS ......................................................................................................... 14 LEGISLATIVE BREAK ....................................................................................................... 14 MEETING NOTICES.......................................................................................................... 14 MEETING ATTENDANCE.................................................................................................. 15 RULES OF ORDER ........................................................................................................... 15 WHAT CONSTITUTES A QUORUM.................................................................................. 15 PUBLIC PARTICIPATION.................................................................................................. 15 COUNCIL ACTIONS .......................................................................................................... 15 TIE VOTES ........................................................................................................................ 15 ABSTENTIONS AND RECUSALS ..................................................................................... 15 PRESIDING OFFICER DUTIES......................................................................................... 16 MAINTENANCE OF ORDER ............................................................................................. 16 PROCESSION OF MOTIONS............................................................................................ 16 BUSINESS ITEMS OUT OF ORDER................................................................................. 16 400 of 452
DIVISION OF QUESTION.................................................................................................. 16 MOTION TO FIX THE HOUR OF ADJOURNMENT .......................................................... 17 MOTION TO TABLE........................................................................................................... 17 MOTION TO LIMIT OR TERMINATE DISCUSSION.......................................................... 17 MOTION TO AMEND......................................................................................................... 17 CHAPTER 3 – AGENDA ................................................................................................... 18 ORDER OF BUSINESS ..................................................................................................... 18 AMENDED AGENDA ......................................................................................................... 18 DISTRIBUTION OF AGENDA............................................................................................ 18 PUBLIC HEARINGS........................................................................................................... 19 CONSENT CALENDAR ..................................................................................................... 19 CHAPTER 4 – CONFLICTS, LIABILITY, AND DECORUM .............................................. 20 CONFLICT OF INTEREST................................................................................................. 20 POLITICAL REFORM ACT ................................................................................................ 20
EX PARTE COMMUNICATIONS ....................................................................................... 20 AB 1234 – ETHICS TRAINING .......................................................................................... 21 AB 1825 & AB 1661 – SEXUAL HARASSMENT PREVENTION TRAINING ..................... 21 SB 827 – FISCAL & FINANCIAL TRAINING...................................................................... 21 DECORUM AND ORDER – COUNCIL MEMBERS........................................................... 21 DECORUM AND ORDER – EMPLOYEES ........................................................................ 22 DECORUM AND ORDER – PUBLIC ................................................................................. 22 ENFORCEMENT OF DECORUM ...................................................................................... 22 PROCEDURES IN ABSENCE OF RULES ........................................................................ 23 RULINGS OF CHAIR FINAL UNLESS OVERRULED........................................................ 23 CHAPTER 5 – ADMINISTRATION.................................................................................... 24 ADMINISTRATIVE SUPPORT........................................................................................... 24 EMAIL AND VOICEMAIL ................................................................................................... 24 MAIL................................................................................................................................... 24 COUNCIL OFFICE............................................................................................................. 24 POLICY DEVELOPMENT.................................................................................................. 24 POLICYMAKING................................................................................................................ 25 STAFF ROLE..................................................................................................................... 25 ADMINISTRATION AND MANAGEMENT ......................................................................... 26 APPOINTMENT OF CITY MANAGER ............................................................................... 26 CITY MANAGER CONDUCT AT MEETINGS.................................................................... 27 APPOINTMENT OF THE CITY ATTORNEY...................................................................... 27 DEPARTMENTS AND DIVISIONS..................................................................................... 27 NON-INTERFERENCE WITH ADMINISTRATIVE SERVICE ............................................ 27 401 of 452
NEPOTISM ........................................................................................................................ 27 POLITICAL ACTIVITY........................................................................................................ 28 CHAPTER 6 – COMMUNICATIONS ................................................................................. 29 MEMBERS OF THE PUBLIC ADDRESSING THE COUNCIL AT MEETINGS.................. 29 COUNCIL MEMBER DELIBERATIONS............................................................................. 29 CORRESPONDENCE FROM THE PUBLIC ...................................................................... 29 USE OF CITY LETTERHEAD OR CITY SEAL/LOGO ....................................................... 30 COMMUNICATIONS WITH STAFF ................................................................................... 30 CHAPTER 7 – RESOLUTIONS, ORDINANCES AND MINUTE ORDERS ....................... 31 METHOD OF ACTION ....................................................................................................... 31 ORDINANCES AND RESOLUTIONS – READING............................................................ 31 RESOLUTIONS – ADOPTION/EFFECTIVE DATE............................................................ 31 ORDINANCES – ADOPTION............................................................................................. 31 ORDINANCES – ALTERATION PROHIBITED .................................................................. 31 ORDINANCES – EFFECTIVE DATE ................................................................................. 31 ORDINANCES AND RESOLUTIONS – AUTHENTICATION............................................. 31 ORDINANCES – MAINTENANCE OF ............................................................................... 32 COMPREHENSIVE CODES.............................................................................................. 32 CHAPTER 8 – COUNCIL COMMITTEES.......................................................................... 33 COMMITTEES ................................................................................................................... 33 COUNCIL COMMITTEE MEETINGS................................................................................. 33 Exhibit A – Service Awards, Recognitions, and Proclamations Policy ....................... 35 Exhibit B - Policy Governing Expenses of the City Council ......................................... 38 APPENDIX A – CITY COUNCIL NORMS AND GUIDELINES.......................................... 42 APPENDIX B – GUIDELINES FOR COUNCIL MEMBER CORRESPONDENCE ............ 43 CITY COUNCIL HANDBOOK ACKNOWLEDGEMENT.................................................... 45 402 of 452
CHAPTER 1 – MAYOR AND CITY COUNCIL
INTRODUCTION
The City Council Handbook includes rules and policies approved by the City Council. The objectives of the handbook are to:
1. Serve as a reference document for the City Council.
2. Provide comprehensive orientation information for new City Council Members; and
3. Enable the City Council to compile and maintain operational practices that are agreed upon effectively.
The administration of City Council affairs is greatly enhanced by the City Council and staff agreeing to be bound by these rules. While aiming not to be overly restrictive, rules are established to clearly articulate expectations and practices to guide Council Members in their actions.
ADHERENCE TO COUNCIL HANDBOOK
Any of the rules herein may be waived by a supermajority (4/5) vote of the Council Members when it is deemed that there is good cause to do so based upon the particular facts and circumstances, unless legally impermissible to do so under federal, state, or local law.
The rules and policies contained herein may be amended by a majority vote of the City Council and adopted by Council resolution. The handbook may be amended administratively by the City Clerk’s Office when the Council has already taken action, to remain current with federal, state, and local law.
CONSEQUENCES FOR VIOLATING THE HANDBOOK
Violations of the rules and policies outlined in this handbook may result in disciplinary action, as determined by the City Council.
COUNCIL MEMBERS CODE OF ETHICS FOR THE CITY OF UNION
CITY
As elected representatives of the City of Union City, members of the City Council hold a unique position of public trust. The actions and decisions of Council Members must reflect the values of the City and its residents. This Code of Ethics guides the behavior of Council Members and promotes integrity, accountability, and transparency in all aspects of their duties. It will guide the conduct of elected and appointed officials, staff, and members of the City Council, boards, and commissions:
1. Public Service and Integrity
Public officials must always conduct themselves with the highest standards of honesty and integrity. They are entrusted with the responsibility to act truthfully in both their public and private actions. Public officials must provide accurate, complete, and truthful information in all communications and decision-making processes. Misleading or false statements, whether intentional or inadvertent, undermine public trust and erode the integrity of local government. Officials must be transparent and forthright in all matters, ensuring that their actions align with their words and that they fulfill their duties truthfully and dependably. 403 of 452
2. Act in the Public Interest
Public officials must prioritize the welfare and interests of the people of Union City above all else. They are entrusted to serve the common good, ensuring fair and equal treatment for all individuals, organizations, and transactions that come before the City Council, boards, or commissions.
3. Compliance with Laws and Policies
Public officials must adhere to both the letter and spirit of all laws and policies governing the operation of local government, including but not limited to:
• The U.S. Constitution, the California Constitution, and the Union City Municipal Code.
• Laws regarding conflicts of interest, election campaigns, financial disclosures, and open meetings.
• All other applicable ordinances and policies of the City of Union City.
4. Accountability
Public officials are accountable to the citizens of Union City. They shall:
• Fulfill their responsibilities in a manner that is consistent with their oath of office.
• Be open and transparent about their actions, decisions, and motivations. • Regularly communicate with their constituents to ensure their concerns are heard and addressed.
5. Professional and Personal Conduct
The conduct of public officials, both professional and personal, must be above reproach. They must avoid even the appearance of impropriety and refrain from engaging in abusive conduct, personal attacks, or defamatory remarks against fellow members of the Council, boards, commissions, staff, or the public. Council Members are expected to maintain personal conduct that upholds the dignity of their office. They shall:
• Avoid engaging in actions or speech that would undermine public confidence in the Council or the City.
• Act with professionalism in all interactions, including social media and public forums.
• Refrain from actions or behaviors that could discredit the Council or the City.
6. Fiscal Responsibility
Council Members shall act as stewards of public resources, ensuring that taxpayer money is spent wisely and efficiently. They shall:
• Make budgetary and financial decisions based on the long-term health and welfare of the community.
• Avoid using public resources for personal or political gain. • Support policies that encourage sustainable growth and responsible financial planning.
7. Ethical Leadership
Council Members shall lead by example in promoting ethical behavior within the City government. They shall:
• Hold themselves and others to the highest ethical standards. • Seek opportunities to improve government practices and public trust. • Be diligent in addressing unethical conduct by any public official or employee. 404 of 452
8. Respect and Civility
Council Members shall treat all individuals—fellow Council Members, City staff, and the public—with the utmost respect and courtesy. They shall:
• Engage in open, respectful, and constructive debate, valuing diverse perspectives.
• Avoid personal attacks, inflammatory language, or any behavior that disrupts the order and civility of public discourse.
• Demonstrate active listening, consider all viewpoints, and collaborate in good faith to achieve the best outcomes for the community.
• Foster an environment in which all participants feel safe and respected, promoting mutual understanding and cooperation.
9. Engagement with the Public
Council Members shall engage with the public in ways that promote inclusivity and civic participation. They shall:
• Actively seek feedback from constituents on key issues. • Encourage public involvement in Council meetings, hearings, and community events.
• Provide clear, honest, and accessible information regarding Council actions and decisions.
10.Respect for Processes
Public officials must respect and follow the established procedures, rules of order, and guidelines for conducting business within the City Council, boards, and commissions. They must encourage public participation, ensure transparency, and support staff in the effective implementation of City policies.
11.Conduct of Public Meetings
Public officials must be prepared for public meetings, listen attentively, and focus on the matter at hand. They must refrain from interrupting speakers, making personal comments unrelated to the agenda, or engaging in behavior that disrupts the orderly conduct of meetings.
12.Decisions Based on Merit
Decisions must be made based on the merits and substance of the issue under consideration, rather than on personal interests, political pressures, or unrelated factors.
13.Communication and Disclosure
Public officials must disclose all relevant and substantive information received from external sources that may impact public decision-making. They must ensure that all communications regarding City business are transparent and publicly shared.
14.Conflict of Interest
Public officials must avoid any conflicts of interest, whether real or perceived, in the performance of their duties. They should not use their official position to influence decisions in which they have a personal or financial interest. Officials must disclose any potential conflicts and recuse themselves from related discussions and decisions, as required by law.
15.Gifts and Favors
Public officials shall not accept gifts, favors, or other benefits that could influence 405 of 452
their decision-making or give the appearance of a conflict of interest. They must avoid using their public office for personal gain and refrain from soliciting or accepting gifts that could compromise their impartiality.
16.Confidential Information
Public officials must respect the confidentiality of information relating to the City's affairs, property, and personnel. They shall not disclose confidential information without proper authorization, nor shall they use such information for personal, financial, or private gain.
17.Use of Public Resources
Public officials shall not misuse public resources, such as City staff time, equipment, facilities, or funds, for personal gain. These resources should be used only for official City business, not for private or political purposes.
18.Representation of Private Interests
Public officials must refrain from representing the private interests of third parties before the City Council, boards, or commissions. They must not advocate on behalf of personal or private interests in proceedings that involve the City.
19.Advocacy
Public officials must clearly distinguish between their personal views and the official stance of the City Council or other bodies. When acting as a representative or delegate, they must express the City's official policies or positions to the best of their ability, without allowing personal opinions to be misrepresented as official.
20.Policy Role of Members
Public officials must respect the City’s council-manager governance structure. The City Council determines City policy, while the City Manager and staff execute those policies. Public officials should not interfere with City staff's professional duties or undermine their ability to implement the City Council's decisions.
21.Independence of Boards and Commissions
Public officials must respect the independence of boards and commissions. They must refrain from using their positions to influence or pressure board members or to influence commission deliberations and decisions.
22.Positive Work Environment
Public officials should foster a positive, respectful, and constructive work environment for City employees, residents, and businesses. They must avoid inappropriate interference with staff's professional duties and recognize the importance of treating everyone involved with the City with courtesy and respect.
By adhering to this Code of Ethics, officials in Union City will contribute to a government that is fair, transparent, and accountable to the public. This will help build trust and confidence in the City’s leadership and ensure that decisions are made with the highest standard of integrity.
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COUNCIL GOALS AND PRIORITIES
Goal setting requires time, energy, and a well-defined process. City Council planning workshops are held with the City Manager and the City’s senior management team to review progress on previously set goals, establish priorities, and define new goals and objectives for the City. The following are the advantages of setting goals:
Goal setting gives the Council a basic framework for action Goal setting helps the Council spend its time more wisely Goal setting provides a framework to present individual priorities Goal setting gives the City Manager clear guidelines to get the job done Goal setting gives the Council and staff essential budget guidelines Goal setting gives the Council an evaluation tool
While goal setting will not resolve all of the City’s problems, it will help define issues and solutions over the long term.
GENERAL POWERS AND RESPONSIBILITIES OF THE CITY
COUNCIL
Union City is a general law city governed by a five-member City Council. The elected officers of the City consist of a Council of four members and the Mayor. All Council Members and the Mayor are elected by the registered voters of the City at large. One Council Member shall be elected from each Council Member district.
The City Council is the City's legislative body; its members are the community’s decision-makers.
Power is centralized in the elected Council as a whole, not in individual members. The Council approves the budget and determines the public services to be provided, as well as the taxes, fees, and assessments to pay for them. It focuses on the community’s goals, major projects, and long-term considerations, including community growth, the general plan, land use and development standards, capital improvements, financing, and strategic planning. The Council appoints a professional City Manager to carry out the policy and administrative responsibilities.
Council Members are not full-time City officials and do not manage the City's day-to-day operations. The City Manager does this under the direction of the City Council. Members of the City Council, except for the mayor, are elected on a district-based electoral system from four single-member City Council districts. The Mayor is elected at-large by the electorate on a nonpartisan ballot. The five Council Members serve overlapping four-year terms. Neither the Mayor nor any member of the City Council shall serve in the same office for more than three consecutive terms.
As the governing body of the community, the City Council carries out its policy-making at meetings held in the City Hall Council Chambers, located at 34009 Alvarado-Niles Road, on the second and fourth Tuesdays of every month, commencing at 7:00 p.m. The primary purpose of City Council meetings is to conduct City business. City Council meetings are conducted in compliance with the Ralph M. Brown Act (Gov. Code § 54950), which requires City Council meetings to be open to the public except under specific circumstances where closed session meetings are authorized.
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DISTRICTS
There are four representative districts, numbered 1 through 4 as provided in the Union City Municipal Code. The boundaries of Council Member districts shall be those established in accordance with the redistricting process for the Federal Decennial Census and applicable provisions of the California Elections Code and adopted by ordinance of the Council. Each district consists of a geographically compact contiguous territory and shall contain, as nearly as possible, equal numbers of residents. No change in district boundaries shall operate to disqualify an incumbent from office before the expiration of the term for which such person was elected or appointed.
POWERS AND DUTIES OF THE MAYOR
The Mayor shall be the political head of the City. The Mayor shall:
(a) Recommend City policy;
(b) Recommend to the Council appropriate and necessary legislation; (c) Recommend programs for the physical, economic, social, and cultural development of the City;
(d) Be responsible for public relations activities and represent the City for ceremonial purposes;
(e) Represent the City in intergovernmental relations, personally or by delegated representative, at the direction of the Council;
(f) Preside at meetings of the Council;
(g) Establish and dissolve ad hoc committees, subject to approval by the Council; (h) Provide leadership and marshal citizen participation in City activities; (i) Report to the public from time to time on the affairs of the City; (j) Possess the authority and attributes of a Council Member; (k) Possess such authority and perform such duties as are granted or required by state law or the Council.
NOMINATION AND ROLE OF THE VICE MAYOR
The City Council shall meet on the second Tuesday in December following a consolidated municipal election in November, for the purpose of administering the oath of office to newly elected Council Members. It shall meet on the second Tuesday in December of each year or as soon thereafter as practicable to choose one of its members as Vice Mayor to serve for one year and until a successor is elected and qualified. In the absence of the Mayor, the Vice Mayor shall possess and perform the powers and duties of the Mayor.
POWERS AND DUTIES OF THE COUNCIL
All powers of the City shall be vested in the Council, except as otherwise provided for by state law.
TERM OF OFFICE
Council Members and the Mayor shall hold office for four years commencing on January 1 following their election. Term limits are restricted to three complete, consecutive four-year terms. 408 of 452
VACANCIES
A vacancy exists in the office of a Council Member or Mayor when the person elected or appointed to such office fails to qualify or becomes disqualified, or upon the occurrence of any event which, under the general laws, would cause a vacancy in such office.
COUNCIL SERVING AS MEMBERS OF OTHER AGENCIES
Individual Council Members serve on regional boards, commissions, committees, and advisory bodies through appointments made by the City Council or as otherwise provided by law.
COUNCIL ASSIGNMENTS
Each year, the Mayor reviews the Council assignments and recommends appointments for Council approval, except where another appointing authority or applicable law controls. The following assignments reflect the City's 2026 Council assignments roster. The City Clerk shall maintain and update the official roster following Council action.
CITY COMMITTEES, ADVISORY BODIES, AND LIAISONS
Assignment
Ad Hoc Committees
Arts & Culture Commission
Climate Action Plan Task Force
Disaster Council
Economic Development Advisory Team (EDAT)
Finance Committee
Finance Subcommittee
Human Relations Commission
Legislation and Policy Committee
Parks & Recreation Commission
Senior Citizens Commission
Youth Commission
OUTSIDE AGENCY AND COMMUNITY APPOINTMENTS
Agency or Body
Alameda County Fire Department Advisory Commission
Alameda County Library Advisory Commission
Alameda County Mayors Conference
Alameda County Mosquito Abatement District, Board of Trustees Alameda County Transportation Commission (ACTC), Board of Directors ACTC Program & Projects Subcommittee
Alameda County Waste Management Authority (ACWMA), Board of Directors ACWMA Programs & Administration Committee
Association of Bay Area Governments (ABAG), General Assembly Ava Community Energy, Board of Directors
Housing Authority of Alameda County, Housing Commission 409 of 452
Agency or Body
League of California Cities, East Bay Division
New Haven Unified School District Joint Subcommittee
Union City Chamber of Commerce
United States Conference of Mayors
INCOMPATIBLE OFFICE OR EMPLOYMENT
A Council Member or Mayor who accepts or retains an incompatible public office or incompatible public employment after taking office on the Council is deemed to have automatically resigned as Council Member or Mayor.
MAYOR/COUNCIL COMPENSATION
State law limits City Council salaries. All provisions of the Government Code of the State of California relating to compensation, benefits, and reimbursement for expenses applicable to members of a City Council of a general law city shall apply to Council Members in Union City. (Gov. Code §36516)
Union City Municipal Code Section 2.04.400 establishes the salary for Council Members at two thousand one hundred and twenty-five dollars per month, and the salary for the Mayor at two thousand nine hundred and thirty-seven dollars per month.
SERVICE AWARDS, RECOGNITIONS, AND PROCLAMATIONS
POLICY
The City’s Service Awards, Recognitions, and Proclamations policy, adopted by Resolution No. 6185-23, is attached hereto as Exhibit A.
POLICY GOVERNING EXPENSES OF THE CITY COUNCIL
The City’s Policy Governing Expenses of the City Council, adopted by Resolution No. 2025-066, is attached hereto as Exhibit B.
DISCRETIONARY FUNDS
As stewards of public funds, the City recognizes that the community deserves to know that discretionary funds are going to recipients with the capacity and integrity to provide quality community services. In instances where a Council Member has unused travel funds at the conclusion of a fiscal period or upon the completion of scheduled engagements, the Council Member may officially designate those funds as Discretionary Funds, provided these expenditures align with City policies, serve a legitimate public purpose, and are not for personal or political use.
A. ELIGIBILITY STANDARDS
The City recognizes and appreciates the value of local community members who provide community services and programs that benefit the community and enrich its residents' well-being. These programs present valuable benefits and consideration while fulfilling public purposes that the City Council and each member deem substantial and of material value to the City.
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a. Eligible Uses
i. The recipient must be located within the City of Union City or provide community, environmental, or social services to the Union City community; ii. Recipient must directly provide the community service(s) for which the City funds are sought;
iii. The recipient must have no outstanding debt due to the City; iv. The recipient must not be financially dependent upon receiving City support to meet the budget and operational requirements;
v. The recipient can be a recognized entity under the rules of the California Franchise Tax Board, Secretary of State, and the Federal Internal Revenue Service, if applicable.
b. Ineligible Uses
i. Individuals;
ii. For-profit organizations;
iii. Political Action Committees (PAC), political candidates, or political campaigns; iv. Using funds to challenge City activities, plans, or actions; v. The payment of outstanding debts;
vi. The purchase of alcoholic beverages;
vii. Travel, meals, lodging, or entertainment expenses; viii. Permanent improvements to any non-City-owned structure or property so that it becomes an integral part of the real property, and its removal would do harm to the building or land, including those improvements that are bolted, nailed, screwed, or wired into the wall, ceiling, or floor; or
ix. General operating expenses or expenses to support the ongoing operation of the applicant, including, but not limited to, salaries, utilities, and rent expenses.
A. Request and Approval Process
Requests for use of discretionary funds shall be made in writing to the City Manager and include: (1) legal name and address of the awardee, (2) date of request, (3) description of services provided or proposed use of funds, (4) the total amount requested, (5) a completed W-9 form, and (6) a current Union City Business License, if applicable. Once all the required information is received, the matter will be referred to the City Council for a budget amendment to transfer City Council travel funds to a general fund grant for the proposed awardee.
B. Post-Funding Requirements
Each awarded entity shall submit a reasonably detailed report, with receipts and proof of expenditures of the funds, and proper backup documentation to substantiate that those funds were expended appropriately. The report shall be submitted within 30 days of the end of the project or by June 30 of the fiscal year in which funds were awarded.
Mandatory documentation is as follows:
• Invoices/receipts documenting the expenditure of funds; and • A summary that explains all expenditures, including how they specifically benefited Union City residents, may include pictures or other documents illustrating the use of the funds.
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CHAPTER 2 – MEETINGS
REGULAR MEETINGS
Regular meetings of the City Council are generally held on the second and fourth Tuesdays of each month at 7:00 p.m. in the City Council Chambers, 34009 Alvarado-Niles Road, as established annually by City Council resolution.
SPECIAL MEETINGS
A special meeting may be called at any time by the Presiding Officer of the Council, or by a majority of the members. Written notice of the special meeting must be sent to each member of the City Council, to each local newspaper of general circulation that has requested meeting notices, and to each radio or television station that has requested notice in writing. The City shall post the notice on the City's website. Notices for special meetings must be delivered by any means that ensures receipt at least 24 hours before the meeting time. The notice must state the time and place of the meeting, as well as the business to be transacted or discussed. The City Council will not consider any business that is not in the written notice.
CLOSED SESSIONS
Typically, closed sessions are called to discuss (1) real property negotiations, (2) existing or anticipated litigation, (3) liability claims, (4) labor negotiations, or public employee appointments, (5) evaluations and discipline.
Closed sessions may involve only members of the City Council, the City Attorney, the City Manager, City management and support staff, and consultants necessary for consideration of the matter subject to the closed session. Individuals who do not have an official role in advising the City Council on closed-session matters will be excluded from closed-session discussions.
Closed session items must be briefly described on the posted agenda, and the description must state the specific statutory exemption.
By law, no member of the Council, an employee of the City, or any other person required to be present during a closed session shall disclose to any person the content or substance of any discussion which took place during the closed session unless a majority vote of the Council authorizes disclosure.
LEGISLATIVE BREAK
The City Council shall observe an annual recess in August. The duration of the recess shall encompass the full month of August unless otherwise determined by a majority vote of the City Council. The August recess shall apply to all City Council, Board, and Commission meetings.
During the August recess, regular City Council meetings shall be suspended. Special meetings may be called if urgent matters arise that require immediate attention.
MEETING NOTICES
The City Clerk is responsible for posting notices of all City Council meetings. The City Clerk will post meeting notices in accordance with applicable state and local laws. The Clerk’s Office must post a copy of the agenda on the notice board outside the 34009 Alvarado-Niles Road main entrance to the Civic Center, not less than 72 hours before each regular meeting, and not less than 24 hours before each special meeting to be held by the City Council. Notices may also be 412 of 452
included on public access or electronic media, such as the City’s website and cable television.
MEETING ATTENDANCE
If any Council Member cannot attend a meeting, they must notify the City Manager, the City Clerk, and the Mayor as soon as possible, but in no event later than noon on the day of the meeting. Pursuant to the City Council Norms and Guidelines, attached hereto as Appendix A, all members of the City Council should endeavor to miss no more than two regular meetings per calendar year absent extraordinary circumstances and Council Members 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.
RULES OF ORDER
The proceedings of the Council shall be governed, unless otherwise stated, under “Robert’s Rules of Order, As Amended” on all matters pertaining to parliamentary law; however, no action of the Council shall be invalidated, or the legality thereof otherwise affected by the failure or omission to observe or follow said rules.
WHAT CONSTITUTES A QUORUM
A majority of the Council shall constitute a quorum for the transaction of business.
PUBLIC PARTICIPATION
No one shall be denied the right to present grievances or offer suggestions for the betterment of municipal affairs at any regular meeting of the Council.
The public is guaranteed the right to speak at any regular or special meeting on any subject to be considered by the City Council before action is taken on the item. The right to speak is personal to the speaker, and time cannot be delegated to another to speak on their behalf.
COUNCIL ACTIONS
Actions of the Council shall be taken by ordinance, resolution, or motion. Actions of the Council require the affirmative votes of a majority of the entire Council membership. The membership of the Council comprises a Mayor and four Council Members. The Council shall pass ordinances and resolutions only by taking the ayes and nays by an open vote, which shall be entered in the minutes of the meeting. The ayes and nays shall be taken and recorded on all motions.
Abstentions shall also be recorded and shall not constitute an affirmative vote in favor of an action.
TIE VOTES
Tie votes are lost motions. Except when hearing a Planning item, when all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes another action to consider the matter further. If a tie vote results at a time when fewer than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council.
ABSTENTIONS AND RECUSALS
Abstentions shall be counted but shall not be recorded as either an “aye” or “nay” vote. Should a Council Member be recused from voting on an issue due to a conflict of interest, an 413 of 452
announcement should be made before the discussion of the item, indicating the reason for the recusal. The Attorney General has opined that discretionary abstentions are disfavored and stated: “As a matter of public policy, abstentions are generally disfavored absent a conflict of interest. Members of a public body have a duty to vote on the issues before them in order to carry out the purposes for which the body was created.” 94 Ops.Cal.Atty.Gen. 100. Consistent with this opinion, discretionary abstentions are disfavored absent a conflict of interest.
PRESIDING OFFICER DUTIES
The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Vice Mayor shall preside. In the absence of the Mayor and the Vice Mayor, the Council shall elect a temporary presiding officer to serve until the arrival of the Mayor or the Vice Mayor or until adjournment.
1. CALL TO ORDER
The meeting of the Council shall be called to order by the Mayor or, in their absence, by the Vice Mayor. In the absence of both the Mayor and the Vice Mayor, the meeting shall be called to order by the City Clerk; after that, the City Clerk shall immediately call for the selection of a temporary Presiding Officer.
2. PARTICIPATION BY PRESIDING OFFICER
The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and they shall not be deprived of any of the rights and privileges of a Council Member because they act as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting.
3. QUESTION TO BE STATED
The Presiding Officer shall orally restate each question immediately before the call for the vote. Following the vote, the Presiding Officer or City Clerk shall announce whether the question carried or was defeated for the benefit of the audience.
MAINTENANCE OF ORDER
The Presiding Officer is responsible for maintaining order and decorum at all times. No Council Member, staff, or member of the audience is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair.
The Presiding Officer shall ensure that they, as well as the balance of Council, refrain from commenting or entering into conversation with speakers during Public Comments or during Public Hearings.
PROCESSION OF MOTIONS
When a motion is made and seconded, it shall be stated by the Presiding Officer before debate.
The maker shall not withdraw a motion so stated without the consent of the person seconding it.
BUSINESS ITEMS OUT OF ORDER
The Presiding Officer may at any time move an item out of the regular order of the agenda.
DIVISION OF QUESTION
If the question contains two or more divisible propositions, the Presiding Officer may, upon request of a member (unless appealed), divide the same. 414 of 452
MOTION TO FIX THE HOUR OF ADJOURNMENT
Any regular meeting can be adjourned to a stated date, time, and place.
MOTION TO TABLE
A motion to table shall be used to bypass the subject temporarily. A motion to table is not debatable and shall preclude all amendments or debate of the subject under consideration.
MOTION TO LIMIT OR TERMINATE DISCUSSION
Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion.
MOTION TO AMEND
A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable and voted on before a vote on the amendment. Amendments shall be voted upon first. The main motion shall then be voted on, either as amended or as originally stated, if the amendment fails to pass.
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CHAPTER 3 – AGENDA
ORDER OF BUSINESS
The following shall constitute the order of business to be followed in conducting regular meetings of the Council:
1. CALL TO ORDER
1.1. PLEDGE OF ALLEGIANCE
1.2. ROLL CALL
2. PROCLAMATIONS AND PRESENTATIONS
3. ORAL COMMUNICATIONS
4. CONSENT CALENDAR
5. PUBLIC HEARINGS
6. CITY MANAGER REPORTS
7. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
8. ITEMS REFERRED BY COUNCIL
9. GOOD OF THE ORDER
10.ADJOURNMENT
Only items under consideration will appear on the agenda, and the order of business may be changed if the Mayor deems it appropriate.
AMENDED AGENDA
The Brown Act prohibits the City Council from discussing or taking action on an item not appearing on the posted agenda. The Brown Act provides three specific exceptions in which the Council can act on an item not on the agenda:
1. When a majority of the Council decides there is an emergency as provided in state law.
2. When two-thirds of the members present (or all members if fewer than 4 members are present) determine there is a need for immediate action and the need to take action “came to the attention of the council after the agenda was posted.” This exception does not apply when the Council or staff knew of the need to take immediate action before the agenda was posted. Forgetting a deadline does not count as an unexpected need.
3. When an item appeared on the agenda of a meeting and was continued from a meeting held not more than five days earlier.
DISTRIBUTION OF AGENDA
If practicable, the agenda and agenda packet shall be provided to Council Members the Friday preceding the Tuesday meeting to which it pertains. Council packets shall be delivered electronically through City Email and published on the City’s website. Holiday schedules may impact this timeline.
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PUBLIC HEARINGS
Anyone wishing to speak regarding a Public Hearing item shall do so at that time. The order of business for public hearings is as follows:
1. Staff presentation
2. Applicant/Appellant, if any.
3. City Council Questions/Clarifications
4. Public Comments – 2 minutes per speaker, subject to adjustment by the Mayor
5. City Council Comments/Questions/Action
Council Members should not speak to an issue until the public hearing has been closed. If a Council Member has met or communicated with a proponent/developer or opponent of the subject hearing, they should acknowledge such a meeting or communication before the opening of the hearing. Once a hearing is closed, it is inappropriate for the public to speak, except to answer a Council Member's inquiry addressed through the Presiding Officer.
CONSENT CALENDAR
Consent Calendar items are routine and are considered for approval by the City Council with a single action. The City Council may remove an item from the Consent Calendar for discussion and vote as a separate matter. Items listed on the Consent Calendar are deemed to have been read by title.
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CHAPTER 4 – CONFLICTS, LIABILITY, AND
DECORUM
CONFLICT OF INTEREST
State laws attempt to eliminate any action by Council Members which may be a conflict of interest. The purpose of such laws is to ensure that all actions are taken in the public interest.
Newly elected officials are required to file a Statement of Economic Interest (Form 700) within 30 days of being sworn into office. After that, elected officials are required to file the Form 700 annually. The Clerk’s office will notify you of your filing requirements.
If a Council Member believes a potential conflict of interest exists, they are encouraged to consult with the City Attorney for legal advice. Staff may also request an opinion from the City Attorney regarding a member’s potential conflict, if necessary. Conflict of interest laws can be complicated, and violations may result in significant penalties imposed on the official. Thus, consultation with the City Attorney or private counsel is appropriate. Under certain circumstances, the City Attorney may seek advice from the Fair Political Practices Commission, if requested, on behalf of the official.
Council Members who serve on joint power agencies, county committees, regional boards, and standing committees should verify with each agency its filing requirements.
POLITICAL REFORM ACT
The Political Reform Act prohibits public officials from making, participating in, or attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a financial interest. If a public official has a conflict of interest, the official must disqualify themselves from participating in or acting on the decision.
Government Code Section 87105 states that a Council Member who has a conflict of interest must recuse themselves and leave the room except under certain limited circumstances. A Council Member must take the following steps after it is determined that a conflict of interest exists under the Political Reform Act:
1. Publicly identify the financial interest.
2. Recuse yourself from both the discussion and the vote on the matter.
3. Leave the room until the matter has been completed. Exceptions:
a. If the matter is on the consent calendar and not pulled from consent, you do not have to leave the room.
b. If you wish to speak during public comment, you may do so as a private citizen on certain interests, but this is the only time you may be in the room while the matter is considered. Consult with the City Attorney in advance.
The Fair Political Practices Commission has many regulations and opinions on conflicts of interest that help determine whether a particular financial interest or decision could give rise to disqualification based on a potential conflict of interest. Visit the Fair Political Practices Commission website at fppc.com for additional information.
EX PARTE COMMUNICATIONS
Ex parte communications are communications with applicants, representatives, agents, or attorneys for applicants, or with others seeking approval from the City or City Council, or with opponents of such entities or applications, outside of an open and public meeting. Such 418 of 452
communications are not encouraged when they are designed to influence the official's decision or conduct to obtain a favorable decision or treatment, or to advance personal or private interests.
Council Members who have ex parte communications with a party that will appear or appears before them at a meeting should disclose that they had such ex parte communication with the party.
Any written ex parte communication received by an official in matters where all interested parties should have an equal opportunity for a hearing shall be made a part of the record by the recipient.
AB 1234 – ETHICS TRAINING
Assembly Bill 1234 was signed into law and went into effect on January 1, 2006. This state law requires public officials to complete 2 hours of ethics training every 2 years. Newly seated officials must receive this training within 12 months of taking their positions. The original Certificate of Completion of this training must be filed with the City Clerk by the deadline. The training covers subjects such as conflicts of interest, personal financial gain, personal advantages and perks, government transparency, and fair processes.
AB 1825 & AB 1661 – SEXUAL HARASSMENT PREVENTION
TRAINING
Assembly Bill 1825 became effective in 2007, and AB 1661 in 2016. These laws require two hours of sexual harassment training for supervisors, which includes Council Members, every two years.
SB 827 – FISCAL & FINANCIAL TRAINING
Senate Bill 827 became effective January 1, 2026. This law requires certain local agency officials to complete fiscal and financial training within six months of beginning service. For officials already in office before January 1, 2026, the training must be completed no later than January 1, 2028. The training is intended to help officials understand core public finance responsibilities, including budgeting, financial oversight, audits, internal controls, and the proper stewardship of public funds.
DECORUM AND ORDER – COUNCIL MEMBERS
a) Any Council Member who wants to speak shall address the Chair and, upon recognition by the Chair, shall confine themself to the question under debate. b) A Council Member who wants to question a staff member shall address their question to the City Manager, City Attorney, or the City Clerk in appropriate cases, who shall be entitled to answer the inquiry themselves or to designate some member of the staff for that purpose.
During initial clarifying questions from City Council Members after a staff report, the Presiding Officer shall enforce a 5-minute limit per City Council Member. Once every Council Member has had a chance to ask questions during their initial 5-minute limit, the Presiding Officer may allow additional questions as needed.
c) A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless another Council Member raises a Point of Order; or unless the speaker chooses to yield to questions from another Council Member. d) A visual timer shall be posted for all presenters and City Council members during their comments.
e) Any Council Member challenged while speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, they shall be permitted to proceed. If 419 of 452
ruled to be not in order, they shall remain silent or shall alter his/her remarks to comply with the rules of order.
f) Council Members shall accord the utmost courtesy to each other, to City employees, and the public appearing before the Council. They shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities.
g) Any Council Member may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council shall require them to act so.
DECORUM AND ORDER – EMPLOYEES
Members of the Administrative Staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that all City employees observe such decorum. Any staff member, including the City Manager, who wants to address the Council or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to the Presiding Officer and not to any one individual Council Member or member of the public.
DECORUM AND ORDER – PUBLIC
Members of the public attending Council meetings must observe the same rules of order and decorum applicable to the Council. Any person who is disruptive, threatening, or who becomes violent while addressing the Council or while attending the Council meeting shall be removed from the room if the Police Chief or their designee is so directed by the Presiding Officer, and such person may be barred from further attendance at the Council meeting.
ENFORCEMENT OF DECORUM
The Chief of Police or representative shall be ex officio Sergeant-at-Arms of the Council. They shall carry out all orders and instructions given to them by the Presiding Officer to maintain order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the Sergeant-at-Arms to eject any person from the Council Chambers or place them under arrest or both.
The Presiding Officer may remove, or cause the removal of, an individual for disrupting the meeting, including any teleconference meeting. Prior to removing an individual, the Presiding Officer or their designee shall warn the individual that their behavior is disrupting the meeting and that failure to cease it may result in their removal. A second warning shall also be given when practicable. The Presiding Officer or their designee may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a City Council meeting that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: a failure to comply with reasonable and lawful regulations adopted by the City Council or engaging in behavior that constitutes use of force or a true threat of force. A “true threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. In the event of a true threat of force, a warning is not required prior to removal. (Government Code §54957.95), As set forth in the Brown Act (Government Code §54957.9), in the event that any meeting is willfully interrupted by a group or groups of persons to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the 420 of 452
disturbance, must be allowed to attend any session held under this section. The City Council may establish a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
A disruption which causes Council to order the meeting room cleared does not authorize the relocation of a meeting. Any attempt by Council to recess and reconvene the meeting in another room is prohibited.
Attendance at Council Meetings does not provide individuals or groups of individuals immunity or protection when their conduct violates any other laws (California Penal Code, City of Union City Municipal Code, etc.) The Sergeant-at-Arms should and will be called upon by the Presiding Officer to enforce these laws at Council Meetings.
PROCEDURES IN ABSENCE OF RULES
Except as modified by the provisions of this handbook, the proceedings of the Council shall be governed by Robert’s Rules of Order, as Amended.
RULINGS OF CHAIR FINAL UNLESS OVERRULED
In presiding over Council meetings, the Mayor, Vice Mayor or temporary Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Council Members present and voting. 421 of 452
CHAPTER 5 – ADMINISTRATION
ADMINISTRATIVE SUPPORT
The City Manager’s office provides general staff and administrative support to members of the City Council. Services include appointment scheduling, calendaring, receiving telephone messages, and light word processing.
EMAIL AND VOICEMAIL
Council Members are provided with a City email account. These communications can raise important legal issues that Council Members should pay special attention to. The Brown Act strictly prohibits members from using technology to discuss or develop a concurrence by a majority of the Council outside an open and noticed public meeting, unless an exception applies.
Council Members should not use telephones, faxes, email, or other platforms to communicate with other Council Members to develop a majority position on any issue that may come before the full Council.
Any email sent by Council Members addressing substantive city business, either from a City email account or your personal email account, may be a public record pursuant to the California Public Records Act (PRA). Email information is stored on the computer network and may remain on the network’s backup system even after being deleted. As a result, emails can become records of the City maintained in the ordinary course of business, and thus available for public disclosure under PRA.
MAIL
Council Members may receive large amounts of mail. Administrative staff in the City Manager’s office maintains a mailbox for each Council Member in City Hall.
COUNCIL OFFICE
The City can make office space available to Council Members for Council Member business upon ample advance notice. Council Members should endeavor to provide at least 72 hours' notice of a request to use an office at City Hall.
POLICY DEVELOPMENT
Local officials best serve their constituents when they listen to the community and help the community visualize where it wants to be in the future.
As an elected official, you play a fundamental role in shaping the goals, purpose, and direction of your community. You are responsible for making decisions about tax policy and tax rates, the scope of services your government will provide, and the role of the public sector versus that of the private sector in the delivery of those services. You are also responsible for policies that will affect local economic growth, cultural change, and the environment. All these complex and everchanging factors affect and are affected by a local government’s mission.
Understanding your government’s mission means becoming familiar with its policies. Review the budget, the capital improvement plan, the general plan, administrative procedures and practices, and local codes. As issues arise, take another look at existing policies to see whether they support the organization's mission. Keep in mind that policymaking can be both passive and active. Policy ideas come from many sources, but the final determination of how policies (and, through policies, the mission of your organization) evolve during your term of office rests with 422 of 452
you, the elected governing official.
Wherever the ideas come from, it is the Council’s responsibility to look at the merits of each idea and then approve, modify, or reject it. (Chapter 1, Book 1, ICMA Elected Officials Handbook)
POLICYMAKING
Policymaking means deciding what you are going to do - not how you are going to do it. An example may help illustrate the difference. Deciding that your community will emphasize the provision of low-income housing is a basic policy decision. Making that decision means that you will be spending money on housing programs, that you intend to make this subject a priority, and that, likely, some other programs will have to wait their turn. Note that making the policy decision says nothing about how you will provide low-income housing. That question comes later and may require advice from your staff or other knowledgeable individuals. Your staff may suggest several alternatives for providing low-income housing. You might be able to use federal programs, state financing, or public-private partnerships. You will have to make other policy decisions, choosing which of these alternatives you wish to use. Once you have made these secondary policy decisions, your staff can deal with how to carry out your policy. Policies are formulated to address the broad issues that affect your community. These may include everything from providing jobs to paving streets to making sure that children have enough playgrounds.
As a policymaker, sometimes you will judge, and sometimes you will advocate; you need to hear opposing views, consider the arguments, and think about the concerns of the constituency you serve. Two major activities will help you shape policy systematically: setting goals and formulating the budget.
The four phases of the policy-making cycle are:
1. Identify and analyze community needs. What do your constituents want? What program changes were the basis of your campaign? What long-standing problems require attention? What do staff studies of social and economic trends tell you about the future?
2. Analyze program and service alternatives and resources. How do you gather the resources you will need to accomplish the goals you have in mind?
3. Choose and implement programs. How do you gain the consensus of your colleagues on the Council--or their cooperation in selecting programs and services? What details do you provide to staff, and what do you leave to their discretion?
4. Evaluate program results. How well is the program being implemented? Did you get what you expected? Is the program accomplishing what you intended? In addition to learning how various policies are influencing the mission of your local government, you will want to review the roles of other elected officials, of the staff, of interest groups, and of individuals from other local governments and other levels of government in making policy. (Chapter 1, Book 1, ICMA Elected Officials Handbook)
STAFF ROLE
A full-time staff member, hired for their expertise, also has a responsibility to help the Council formulate policy. The City Manager and staff often make recommendations based on what has worked in other communities, as well as on organizational and financial feasibility, and present alternative strategies for the review and decision by elected officials.
Realistically, the policy-making process and the influence of the City Manager and the organization’s staff in shaping policies - both as they are being developed and as they are 423 of 452
implemented - do not constitute a fixed equation. As you look at various issues, you and your colleagues will find that at times the decision is based solely on your ideas, while at other times you accept staff recommendations with little discussion. But many decisions reflect a blending of Council and staff perspectives within parameters you set.
Policy and administration are inextricably intertwined, and it is the responsibility of both elected officials and the City Manager to continually clarify what they are looking at and define their roles in discussions and actions. Often, you must rely on your best judgment and common sense to determine what policy is. It is not the day-to-day operations of departments - that’s administration.
Yes, you are ultimately responsible for how community services are provided and how things are run, but if you hire a City Manager, you will work through them to ensure things are handled. (Chapter 1, Book 1, ICMA Elected Officials Handbook)
ADMINISTRATION AND MANAGEMENT
Once you have established policy, it is the job of your City Manager to administer or execute that policy. When a constituent complains of a missed garbage pick-up, potholes, or an overzealous police officer, working through your City Manager will help you serve that constituent most effectively. It is the City Manager’s job to know the most effective way to get action. The City Manager should also give you the staff support you need so that citizens recognize you as concerned and responsive. Also, your City Manager can tell you if a policy decision is needed from Council to deal with the issue you have raised.
Although it is up to the City Manager you have selected to handle personnel and administrative issues on a day-to-day basis, you have a role to play, too. There may be times when you have reason to believe that Council policies are not being properly administered. In such cases, it is your responsibility to find out if your suspicions are valid. But do your checking through the normal chain of command. Sometimes it might seem easier to check things out informally by contacting government employees you know socially. But that can undermine the authority you have delegated to the City Manager. Present the complaint to the City Manager and ask for a report. Then, if the situation is not remedied, the City Manager will have to answer to the Council.
Internal management involves actions the City Manager takes to put the organization's resources to effective use in getting things done. On a day-to-day basis, this is the Manager’s job. In Council-Manager communities, the Council should also regularly evaluate the City Manager's performance as part of its assessment of internal management. (Chapter 1, Book 1, ICMA Elected Officials Handbook, Book)
APPOINTMENT OF CITY MANAGER
The Council shall appoint a City Manager, who:
(a) Shall serve at the pleasure of the Council;
(b) Shall be the chief administrative officer of the City; (c) Shall be chosen based on administrative qualifications; (d) Shall be paid at a salary fixed by the Council commensurate with the responsibilities of the
position;
(e) Shall not have served on the Council within one year immediately preceding the date of appointment.
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CITY MANAGER CONDUCT AT MEETINGS
The City Manager shall:
(a) Be accorded a seat at the Council table at all meetings of boards and commissions; (b) Be entitled to participate in the deliberations of the Council, boards, and commissions, but shall not have a vote;
(c) Receive notices of all special meetings of the Council, boards, and commissions.
APPOINTMENT OF THE CITY ATTORNEY
The Council shall appoint a City Attorney, who:
(a) Shall serve at the pleasure of the Council;
(b) Shall be the chief legal officer of the City;
(c) Shall perform such duties as may be required by the Council. (d) Shall recommend to the Council proposals for additions to, deletions from, and amendments to the City Municipal Code as are deemed necessary or desirable.
DEPARTMENTS AND DIVISIONS
The Council, by ordinance, shall create, reorganize, and abolish departments and divisions thereof as necessary for the proper administration of the City’s business. The City Manager shall appoint an administrative officer to head each department. Such department heads shall serve at the City Manager's pleasure. The City Manager may also appoint an administrative officer of the City to serve as a deputy to perform any legally required act of a department head.
NON-INTERFERENCE WITH ADMINISTRATIVE SERVICE
The Mayor and Council Members shall not interfere with the exercise of the City Manager's powers and duties, including interference with the hiring, appointments, or terminations of City staff. Except for inquiry, the Mayor and Council Members shall not direct any subordinate of the City Manager. The Mayor and Council must deal directly with the City Manager on all matters related to administrative services.
All directions or requests from Council Members that require city staff action or response must be raised with the City Manager. If the City Manager is unable to remedy the issue immediately, Council Members are encouraged to exercise patience and remember that the City Manager reports to the entire Council. There will often be instances when Council Members disagree, and the City Manager should be afforded the time to address the issue adequately.
NEPOTISM
City Council Members may not vote to approve the appointment of a relative of any City Council member to any board, commission, committee or task force. For purposes of this policy, “relative” shall include a: spouse, registered domestic partner, parent, stepparent, parent-in-law, grandparent, child, step-child, grandchild, brother, sister, step-brother, step-sister, aunt, uncle or first-cousin, and any individual who falls within one of these categories by a previous marriage, or adoption.
No person shall be appointed to the office of Council Member or Mayor or any permanent salaried office or employment with the City for any position directly hired by the Council if such person is a relative within the third degree to a Council Member or Mayor. 425 of 452
POLITICAL ACTIVITY
It is prohibited for any person holding a position as an officer or employee to engage in any political activities of any kind while in uniform or during working hours. 426 of 452
CHAPTER 6 – COMMUNICATIONS
MEMBERS OF THE PUBLIC ADDRESSING THE COUNCIL AT
MEETINGS
Any citizen may address the Council on any business concerning them, or affecting their interests.
Any member of the public who wants to address the Council shall complete a “speaker card” and hand it to the City Clerk, or if attending the meeting via Zoom, raise their hand to speak. The Presiding Officer or City Clerk will announce the names from the speaker cards and/or Zoom.
Once the individual’s name is called, that individual should proceed to the podium and wait to be recognized by the Presiding Officer. Individuals are only required to provide sufficient information on the speaker card to allow the Presiding Officer or City Clerk to identify them at their opportunity to speak, and are not required to complete all information on the speaker card.
Individuals joining via Zoom shall not be allowed to raise their hands to speak after the Presiding Officer announces that public speaking via Zoom is closing.
After being recognized, the individual will speak directly into the microphone and may state their name for the record. Members of the public may submit speaker cards to address items listed under Public Hearings, Public Comments, Consent Calendar, or Action Items.
Under the Brown Act, the City Council is prohibited from discussing or taking action on an item not listed on its posted agenda. Therefore, any issue raised under the Public Comments section of the agenda will be referred to staff for a decision on whether to place it on a future agenda for discussion, action, or report.
A. TIME LIMITATION
Any member of the public who speaks before the Council shall limit their address to two (2) minutes during Public Hearings. Members of the public who address the Council during Public Comments, Consent Calendar, or Action Items shall be limited to two (2) minutes, subject to the discretion of the Chair.
B. APPLICANTS AND/OR APPELLANTS – PUBLIC HEARINGS
Any applicant and/or appellant who speaks before the City Council shall limit their address to the time established by the Chair. This time limit will not be applied to speakers to whom constitutional due process applies.
C. ADDRESSING THE COUNCIL AFTER MOTION IS MADE
After a motion has been made, or after a public hearing has been closed, no person shall address the Council except to answer an inquiry of Council Members addressed through the Chair.
COUNCIL MEMBER DELIBERATIONS
No Council Member should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for more than five (5) minutes each time they have the floor, without the approval of a majority vote of the Council.
CORRESPONDENCE FROM THE PUBLIC
Any communication relating to a matter pending, or to be brought before the City Council, shall 427 of 452
be included in the agenda packet for the meeting at which such item is to be considered. Any written Public Comment must be received no later than four hours prior to the City Council meeting. All written Public Comment submitted by the deadline will be distributed to the City Council prior to the start of the meeting and will be included in the official record. Written public comment will not be read aloud. Communications specifically addressed to individual Council Members will be transmitted only to them.
USE OF CITY LETTERHEAD OR CITY SEAL/LOGO
All Council Member correspondence written on City resources, i.e., letterhead, postage, etc., unless explicitly stated that such correspondence is the view of the City Council as a whole, shall represent the views of the Council Member individually and not those of the whole Council. All Council Member correspondence using City resources shall be available to the full Council.
Council Members shall, when issuing correspondence, provide a copy to City staff for record keeping and documentation purposes.
COMMUNICATIONS WITH STAFF
The City Council and its members, except for inquiry, shall deal with administrative services solely through the City Manager, and neither the City Council nor any member thereof shall give orders to any of the subordinates of the City Manager. A Council Member shall not direct staff to initiate any action, change a course of action, or prepare any significant report, nor shall a Council Member initiate any project or study without the approval of a majority of the Council.
Regarding agenda items, Council Members are encouraged to contact staff members to ask clarifying questions before the meeting at which the subject will be discussed. 428 of 452
CHAPTER 7 – RESOLUTIONS, ORDINANCES
AND MINUTE ORDERS
METHOD OF ACTION
Actions of the City Council shall be taken by ordinance, resolution, or motion. An ordinance or resolution may be adopted by motion and shall require the affirmative votes of a majority of the entire Council membership unless otherwise specified by law.
ORDINANCES AND RESOLUTIONS – READING
At the time of its introduction or adoption, an ordinance or resolution shall be read by title only, unless the City Council votes to require that the ordinance or resolution be read in full. Any matter designated as a consent item regularly appearing on the City Council agenda and available for public inspection on the City’s website and in the City Clerk’s Office may, by the motion of the City Council, be deemed to have been read by title.
RESOLUTIONS – ADOPTION/EFFECTIVE DATE
Each Resolution shall become effective upon adoption, or at a later date specified within.
ORDINANCES – ADOPTION
No ordinance shall be adopted within five (5) days after its passage to print, at the first reading.
If an ordinance is passed by a unanimous vote of the whole Council, the second reading to adopt the ordinance may be placed on the Consent Agenda of a subsequent regular City Council meeting.
ORDINANCES – ALTERATION PROHIBITED
No ordinance shall be altered as to a matter of substance after its passage to print at the first reading. Correction of typographical or clerical errors shall not constitute alteration as to a matter of substance.
ORDINANCES – EFFECTIVE DATE
Each ordinance shall be effective thirty (30) days after its adoption, or at a later date specified therein, unless otherwise specified by law. Notwithstanding the above reference, an ordinance may be introduced and adopted at the same meeting, and shall be effective upon adoption, if it is an ordinance:
a. Relating to an election;
b. For the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency;
c. Relating to public improvement proceedings;
d. Relating to taxes for the usual and current expenses of the City; e. Annexing territory to the City;
f. Covered by particular provisions of law prescribing the manner of its passage and adoption.
ORDINANCES AND RESOLUTIONS – AUTHENTICATION
The City Clerk shall authenticate all ordinances and resolutions adopted by the Council by signature.
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ORDINANCES – MAINTENANCE OF
A true and correct copy of all ordinances shall be kept and certified by the City Clerk; such record copy, with such certificate, or the original ordinance, shall be prima facie evidence of the contents of the ordinance and the due passage and publication of the same, and shall be admissible as such in any court or proceeding. Such records shall not be filed in any case but shall be returned to the custody of the City Clerk. Nothing herein contained shall be construed to prevent the proof of the passage and publication of an ordinance in the usual way.
COMPREHENSIVE CODES
The Council may adopt any comprehensive code of technical regulations by reference to an adopting ordinance. Any ordinance may be compiled into a comprehensive code, which the Council may adopt by reference to an adopting ordinance. Comprehensive codes of regulations or ordinances adopted by reference need not be published, provided that copies thereof shall be available at the office of the City Clerk for use or purchase by the public. Repeal or amendment of codified ordinances, or additions to a comprehensive code, shall be accomplished by reference to numerical designations assigned thereto for arrangement and indexing of the comprehensive code.
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CHAPTER 8 – COUNCIL COMMITTEES
The City Council may organize among its members standing committees, each of which shall act as a fact-finding committee to consider all available information on proposed legislation or matters of policy referred to such committee by the Council and make recommendations thereon to the Council as a whole.
The Mayor shall assign each Council Member to one or more standing committees. The Council shall ratify the assignments as a whole. The Mayor may also serve on various standing committees and be ratified by the Council as a whole. Participation and attendance at those committee meetings are important. Continued absences from meetings without good cause may result in removal from a committee at the Mayor's discretion, taking into account advice from other committee members.
From time to time, the Council may organize ad hoc committees to address special concerns of limited duration.
It shall be the prerogative of the Mayor, taking into consideration the relative length of Council service, individual Council Member preference, and equivalency, to assign individual Council Members to these various committees. Appointments are for one year but may be recommended for renewal at the Mayor’s discretion where Council Members have particular experience or expertise concerning the business of a particular committee.
COMMITTEES
The City Clerk shall maintain the current list of standing and ad hoc committees and Council assignments and revise the roster as necessary following Council action.
COUNCIL COMMITTEE MEETINGS
It is the policy of the City Council that Council Committee meetings, as a general rule, be noticed and open to the public. A staff member shall be present at all committee meetings. It is also the policy of the City Council that all Council Committees post a written agenda at least 24 hours before each of its meetings, limit discussion during its meetings to items on the posted agenda, provide an opportunity at the beginning of each meeting for comments from the public, and, if the committee elects to do so, adopt time limits for public comments at its regular meetings.
Previous Brown Act restrictions had prohibited a third member of a five-member legislative body from attending a subcommittee meeting. The Attorney General considered the following exception to the definition of “meeting”:
“The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, provided that a majority of the members do not discuss among themselves other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of a local agency.” The Legislature amended the Brown Act in 1997, slightly modifying the notice requirements for standing committees of the City Council. A majority of a legislative body may now attend an open and noticed meeting of a standing committee within their agency if they only observe the proceedings. (Government Code §54952.2)
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If members of a local legislative body attend a meeting of a standing committee in which they are not a member, the observing members should sit in the audience and refrain from making any comments or asking any questions.
It is the policy not to hold joint Council-Committee meetings nor joint Sub-Committee meetings.
An item that might be considered for such a meeting should be scheduled for a work session of the whole Council.
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Exhibit A – Service Awards, Recognitions, and
Proclamations Policy
Adopted: August 8, 2023 | Resolution No. 6185-23
PURPOSE:
The purpose of this policy is to establish guidelines and procedures for recognizing and encouraging contributions made by individuals or groups toward the City and/or community betterment. These individuals and organizations will be recognized by the City Council for various civic contributions.
EMPLOYEE SERVICE AWARDS
Service Awards are given in recognition of the number of years of service provided to the City by an employee.
1. Awards will be given annually for 5, 10, 15, 20, etc., years of service.
2. Individuals who, in the aggregate, have provided service to the City as an employee are eligible for the award.
3. Service awards will be issued on the recommendation of the City Manager.
PROCLAMATIONS & CERTIFICATES
A. Policy
It is the policy of the City of Union City that proclamations recognizing special events, achievements, or service to the community or City shall be made at the discretion of the Mayor or as otherwise provided in accordance with the criteria specified in this policy.
B. Eligibility
1. Proclamations may be issued in recognition of the following:
• Extraordinary achievement or outstanding community service • Charitable fundraising events of local non-profit organizations (i.e., a Union City non-profit or a local branch of a state or national non-profit organization) • Milestones for an individual or organization, such as major birthdays or anniversaries
• Retirements of individuals who have made significant contributions to the community
• Local art and cultural celebrations
• Public awareness campaigns
2. Proclamations that fall within the categories listed above will be approved by the City Clerk’s Office in consultation with the Mayor. Requests for proclamations that do not meet the criteria listed above will be considered on a case by case basis by the Mayor and may be referred to the City Council pursuant to the below procedure:
• The Mayor may authorize the proclamation for issuance at a future City Council meeting.
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• Should the Mayor not authorize the proclamation, the Mayor will inform the City Council during the Good of the Order portion of the subsequent City Council meeting and the City Council, by a majority vote, may agendize the proclamation for discussion at the subsequent City Council meeting where it can be considered for approval and subsequent issuance.
• All proclamations must meet the standards and guidelines identified in this policy.
3. The City retains the right to modify, edit, or otherwise amend the proposed proclamation to meet the City’s requirements, needs, or policy determinations. The City reserves the right to decline any request for a proclamation.
4. Regardless of whether a proclamation qualifies under the above guidelines, the City will not issue proclamations related to matters of ideological or religious beliefs, individual conviction, or political and legislative issues which may suggest an official City position or endorsement. However, this prohibition shall not be interpreted as preventing the City from recognizing cultural events or holidays celebrated by religious groups in the City or circumstances regarding human success, hardship or grief impacting a community within the City.
5. Proclamations will not recognize any group whose policies or objectives advocate violence, hatred or any other position contrary to the well-being of the citizens of Union City.
6. No proclamation shall be used as a part of an advertisement or commercial promotion without the express permission of the City in conjunction with the Mayor’s Office.
C. Procedure
1. Requests for proclamations may be made by:
• The Mayor or any member of the City Council
• A resident of the City of Union City or a representative of a local organization for which the Proclamation is requested.
2. Requests must be made to the City Clerk’s Office in writing via email, hand-delivery, or U.S. mail. Requests that fall within the eligible categories in Section B.1 above must be made six(6) weeks in advance of the date the proclamation is needed. Requests that fall outside of the eligible categories in Section B.1 above must be made eight (8) weeks in advance of the date the proclamation is needed. Requests made less than six (6) weeks or eight (8) weeks (depending on the category) in advance will not be granted, except in limited circumstances where approved by the Mayor.
3. The following information should be included in each request:
• Contact person’s first and last name, phone number and email address. • A brief summary of the event or organization.
• Specific name and date for the day, week or month or event to be proclaimed. • Indicate whether the requester would like the proclamation to be presented at a Council Meeting. Requests must be made six (6) weeks or eight (8) weeks, as required by this policy, in advance of the date the proclamation is needed and must identify who will accept the proclamation.
• The date of the Council Meeting to be presented or the date by which the 434 of 452
proclamation is needed.
• Draft text of the proclamation, including four to five recitals (i.e. “whereas” clauses).
• If the proclamation will not be presented at a City Council meeting, provide a mailing address where the final proclamation may be sent or indicate that the proclamation will be picked up, including the receiver’s name and title. • Proclamations must fit on a single 8 ½” x 11” page and be in 11 or 12 point font, with room remaining for the Mayor’s and City Councils’ signature.
4. If a proclamation is presented at a City Council meeting, presentation and receipt of the proclamation shall not exceed five (5) minutes, except as otherwise approved by the Mayor.
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Exhibit B - Policy Governing Expenses of the
City Council
Adopted: May 13, 2025 | Resolution No. 2025-066
I. PURPOSE
a. City Councilmembers must incur miscellaneous expenses in fulfilling the responsibilities of an elected official. This policy establishes the guidelines and standards regarding miscellaneous expenditures incurred by members of the City Council for all travel, education, training, communications, and all out-of-pocket expenses. b. Out-of-pocket expenses incurred by a Councilmember in the performance of their official duties as a representative of the City are eligible for reimbursement as provided in this policy. The guidelines established in this policy are to ensure that travel expenses serve a public purpose and benefit to the City.
II. AUTHORIZED EXPENSES.
a. City funds, equipment, supplies including letterhead, titles, and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:
1. Communicating with representatives of regional, state and national government on City adopted policy positions;
2. Attending educational seminars designed to improve officials' skill and information levels;
3. Participating in regional, state and national organizations whose activities affect the City's interests; and
4. Attending City events.
All other expenditures require prior approval by the City Council. In addition, expenses for international travel requires prior City Council approval. b. State law prohibits personal use of public resources. Examples of personal expenses that the City will not reimburse include, but are not limited to:
1. The personal portion of any trip;
2. Political or charitable contributions or events;
3. Family expenses, including partner's expenses when accompanying official on agency-related business, as well as children- or pet-related expenses;
4. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events;
5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and
6. Personal losses incurred while on City business.
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Expenses for which City Councilmembers receive reimbursement from another agency are not reimbursable under this Policy. Any questions regarding the propriety of a particular type of expense should be resolved by the City Manager before the expense is incurred.
III. BUDGET.
a. Councilmembers shall not incur more expenses per year than budgeted. These amounts will be established in a set amount per Councilmember during the biennial budget process. Annually, at the first regular City Council meeting in February, any Councilmember that does not intend to expend their budgeted travel funds during the remainder of the fiscal year may voluntarily elect to relinquish those funds. The decision to relinquish funds is final and irrevocable. Relinquished funds will be evenly distributed to Councilmembers that have elected to not relinquish their funds for the remainder of the fiscal year. The relinquished funds will continue to be evenly distributed until outstanding expenses have been reimbursed for each Councilmember that has elected to not relinquish their funds and shall continue to be distributed until there are no outstanding expenses left or until the relinquished funds have been completely exhausted. City Councilmembers are not eligible to receive additional budget except through the process outlined in this subsection.
b. Councilmembers who incur expenses greater than the maximum permitted by this policy shall be responsible for the excess expenses.
IV. COST CONTROL.
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within the guidelines.
a. Transportation. The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route. Government and group rates must be used when available.
1. Airfare. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. Receipts are required for payment or reimbursement of airfare.
2. Automobile. Automobile mileage is reimbursed at the Internal Revenue Service rate in effect at the time of travel. The reimbursement rate is designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable.
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under this policy. Receipts are required for payment or reimbursement of car rental expenses.
4. Taxis/Shuttles. Taxis, shuttles, or rideshare trips (such as Lyft/Uber) fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.
b. Lodging. Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. Receipts are required for payment or reimbursement of lodging expenses.
1. Conferences/Meetings. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section.
2. Other Lodging. Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at http://www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal or less than government rates are presumed to be reasonable and hence reimbursable for purposes of this policy.
If lodging rates exceed the government rate for the area, actual lodging costs may be reimbursed conditioned upon performance of a good faith effort evidenced by documentation (e.g., internet search or phone calls) that demonstrate an attempt to find median-priced lodging.
c. Meals. Meal expenses and associated gratuities will be reimbursed up to the regular federal M&IE per diem rate established for Oakland, California, in effect at the time the meal expenses are incurred.
The City will not pay for alcohol/personal bar expenses or for meal expenses for third parties.
d. Airport Parking. Long-term parking must be used for travel exceeding 24 hours. Receipts are required for payment or reimbursement of parking expenses.
V. RESERVED.
VI. EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE.
All cash advance expenditures expense reimbursement requests must be submitted on an expense report form provided by the City. Councilmembers must submit their expense reports within 45 days of an expense being incurred, accompanied by receipts documenting each expense. Inability to provide such documentation in a timely fashion will result in the expense being borne by the official. Expenses for which no receipt is provided shall not be eligible for reimbursement. At the request of the City Manager, a Councilmember shall submit additional information explaining how the incurred expense complied with this policy. 438 of 452
VII. ELECTRONIC EQUIPMENT
a. Computers. Councilmembers are required to have certain types of office equipment to discharge their functions and communicate with staff. Accordingly, Councilmembers will be provided with a laptop, tablet, or similar device to assist with carrying out their duties.
Councilmembers will also be provided with reasonable IT support to ensure the security and functionality of the device.
b. Cell Phone. As a representative of the City, the Mayor communicates frequently with constituents, community groups and other regional leaders. To facilitate this communication on behalf of the City, the Mayor shall be provided a cellular telephone. c. Requirements. The City’s IT Director will provide the City Council with technology options for selection and use pursuant to this section. Any electronic equipment provided to a Councilmember shall be used exclusively for City business reasonable necessary to discharge the duties of office and shall be immediately returned to the City upon the Councilmembers leaving office
VIII. AUDITS OF EXPENSE REPORTS.
All expenses are subject to verification that they comply with this policy.
IX. REPORTS TO CITY COUNCIL.
At the following City Council meeting, each official shall briefly report orally or in writing on meetings attended at Council expense. If multiple officials attended, a joint report may be made.
X. COMPLIANCE WITH LAWS.
City Councilmembers should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act.
XI. VIOLATION OF THIS POLICY.
Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: (a) loss of reimbursement privileges; (b) a demand for restitution to the City; (c) the City's reporting the expenses as income to the elected official to state and federal tax authorities; (d) civil penalties of up to $1,000 per day and three times the value of the resources used; and (e) prosecution for misuse of public resources. 439 of 452
APPENDIX A – CITY COUNCIL NORMS AND
GUIDELINES
Adopted: May 23, 2023 | Resolution No. 6129-23
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 actions 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. 440 of 452
APPENDIX B – GUIDELINES FOR COUNCIL
MEMBER CORRESPONDENCE
PURPOSE OF THE GUIDELINES
These guidelines are intended to guide a Council Member who wishes to convey their individual opinions to elected officials and/or other governmental agencies. The guidelines are intended to specifically address individual Council Member correspondence to a governmental agency and/or another elected official regarding issues that staff has been directed to pursue through a negotiation process or other form of resolution.
These guidelines are not intended to restrict in any way Council's written communication with constituents, nor do they apply to personal correspondence with elected officials.
GUIDELINES
As a matter of protocol, a Council Member should, when sending correspondence described above, contact the City Manager and Mayor to indicate their intent to send a letter so that the Council Member may be briefed on the current status of staff work of which the specific Council Member may not be aware.
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CITY COUNCIL HANDBOOK
ACKNOWLEDGEMENT
PURPOSE
This form documents that City Council members have received, read, and agree to abide by the City Council Handbook and commit to its principles:
"Administration of City Council affairs is greatly enhanced by the agreement of the City Council and staff to be bound by the rules outlined in the City Council Handbook. While aiming not to be overly restrictive, rules are established to clearly articulate expectations and practices to guide Council Members in their actions. " The completed form is a public record, retained by the City Clerk’s Office, and available for public inspection upon request.
ACKNOWLEDGMENT
By signing below, I acknowledge the following:
1. I have received a copy of the City Council Handbook.
2. I have read and understand the contents of the Handbook.
3. I agree to abide by the rules, expectations, and practices outlined in the Handbook as they pertain to the administration of City Council affairs.
4. I understand that the Handbook is designed to provide guidance and clarity, and I commit to conducting myself in accordance with its principles.
Name Title
Signature Date
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ITEM 6.5
Resolution Approving and Adopting the City of
Union City City Council Handbook
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2 Background
• No Formal Council Handbook: City currently lacks formal comprehensive handbook regarding operational procedures, administrative guidelines, and statutory obligations of the City Council
• Current Operations: Council currently operates under a mix of applicable state laws, Municipal Code, and unwritten historical practices and relevant guidelines • Legislation and Policy Committee Review:
Ø April 20, 2026: first considered a draft Handbook
Ø June 1, 2026: aside from policy regarding use of unused travel funds, Committee unanimously agreed with the proposed Handbook
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3 Purpose and Objectives
• Purpose
• Replaces reliance on unwritten practices, Municipal Code fragments, and standalone guidelines
• Build on Established Norms
• Provides transparent, structured roadmap to conduct City business orderly and fairly • Objectives
• Serve as a Reference for City Council
• Council Orientation
• Consistent Governance
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4 Operational Chapters
1. Mayor and City Council:
i. Sets forth the Council Code of Ethics
ii. Establishes the formal process by which the Council sets long-term strategic plans and annual operational goals for the City
iii. Identifies the role of Mayor and Vice-Mayor, appointments to other bodies, etc. iv. References Council benefits
2. Meetings:
i. Formally structures the order of business
ii. Establishes August recess
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5 Operational Chapters
3. Agenda:
i. Standardizes agenda compilation, publication deadlines, and public distribution methods
4. Conflicts, Liability and Decorum:
i. Consolidates Form 700 rules, conflict laws, compatibility of offices, and decorum standards
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6 Operational Chapters
5. Administration:
i. Outlines administrative support and function of Council ii. Restates Council-Manager form of government
iii. Addresses nepotism related to hiring
6. Communications:
i. Identifies process for interacting with the public at Council meetings, including standard two minute public comment period
ii. Five minute limit per Councilmember to comment
iii. Addresses Councilmember correspondence
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7 Operational Chapters
7. Resolutions, Ordinances and Minute Orders:
i. Memorializes state law provisions related to adoption of formal Council actions
8. Council Committees:
i. Memorializes the process for establishment and appointment to various committees as well as typical processes for same
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8 Unused Travel Funds and Discretionary Funds
• Discretionary Fund Policy Direction: Council directed Committee to review and consider a possible policy enabling members to reallocate unused, year-end, or post-engagement travel funds into discretionary accounts
• Proposed Use of Funds: Provided to qualifying nonprofits, subject to Council approval of a budget amendment and transfer
• No Consensus: Committee unable to reach consensus on this issue and referred it to the Council for determination
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9 Recommendation
• Staff recommends that the City Council first determine whether it wants to allow a discretionary funds process for unused travel funds and then adopt a resolution approving and adopting the proposed City of Union City City Council Handbook. 452 of 452