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.
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.
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.
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