On February 24, 2015, the City Council adopted Resolution No. 4699-15 approving the Municipal Code Update Project (the “Project”) and appointing Councilmembers Gacoscos and Duncan to an ad hoc Council Advisory Subcommittee for the Project (the “ad hoc Committee”).  The nature of the Project and the function of the ad hoc Committee have evolved and the ad hoc Committee would function better as a standing committee. 

Staff recommends that the City Council adopt a proposed Resolution Dissolving the ad hoc Advisory Subcommittee for the Union City Municipal Code Update Project and Forming the Legislation and Policy Committee. 

The ad hoc Committee has met intermittently since its formation on February 24, 2015.  Since then, the ad hoc Committee has made recommendations to the City Council on significant matters including, but not limited to: the establishment of a TOT Collection Agreement with AirBNB; an amendment to the Union City Municipal Code to modernize processes and procedures to add further enforcement mechanisms to prevent and reduce abandoned shopping carts throughout the City; and a comprehensive revision to the Union City Municipal Code related to provisions for commissioners to establish a mandatory AB 1234 ethics training requirement and to establish terms limits for commissioners, among other revisions.

As noted above, the ad hoc Committee meets intermittently and has managed to modernize and revise the Municipal Code and some practices within the City since its formation.

As the City Attorney and City Clerk have worked with the ad hoc Committee, it has become evident that the Project, which was originally designed to modernize the Municipal Code in a comprehensive manner, would function more effectively if it was designed to address contemporary issues which are constantly arising.  This will allow the ad hoc Committee to address pressing matters and provide an initial review, opportunity for input and direction, and a more detailed discussion on significant issues at the committee level to help streamline discussion before the full City Council.  In fact, in practice, this is how the ad hoc Committee has functioned.

Given the duration that the ad hoc Committee has existed (over 3 years), it is more proper to characterize the ad hoc Committee as a standing committee.  In order to comply with Brown Act requirements, this requires that the committee hold publicly noticed and agendized meetings.  Thus, the City Attorney and City Clerk recommend that the City Council dissolve the ad hoc Committee, form the Legislation and Policy Committee (the “Committee”) and revise the Project so that it is designed to address contemporary issues that arise which require modification of the Municipal Code and the City’s policies and procedures, consistent with how it currently functions.    

In light of the Brown Act, the City Attorney and City Clerk would coordinate to ensure that proper noticing occurs for the Committee.  The meetings of the Committee would occur during working hours at City Hall.  It is expected that the Committee would meet approximately every two months as necessary.  This is generally consistent with current practice but with the noticing requirement under the Brown Act.  The Committee would address issues that were previously considered by the ad hoc Committee, but instead of attempting to go through the Municipal Code on a section-by-section basis, would review issues that are identified in a more surgical manner.  Additionally, the City Council could refer contemporary issues for in-depth analysis and review by the Committee to return to the City Council with a recommendation for potential action. 

The expectation is that the initial vetting of legislation and policy issues by the Committee will lead to more efficient meetings at the full City Council as City staff will be able to identify areas of potential concern and where clarification is required prior to action by the full City Council.  Some matters that the City Attorney and City Clerk have identified as requiring consideration include the following:

• The purchasing policy in the Municipal Code which requires all purchases to be procured through a centralized purchasing department through a purchasing officer.  This process is not consistent with the procurement practices of the City.  In fact, the standard purchasing procedures have been decentralized and handled through the respective departments. 

• The City Council’s policy and procedure handbook is an inconsistent and discombobulated set of various documents that were separately adopted by the City Council at various points in time. 

• The City’s Public Art Board has had numerous vacant positions for years.  Revising the requirements for appointment to the board and the function of the board could help ensure that individuals are qualified for appointment and interested in the purpose of the board. 

  If the City Council approves of the dissolution of the ad hoc Committee and formation of the Committee is approved by the City Council, the City Attorney’s office, in conjunction with the City Clerk, will continue to lead the efforts to work with the Committee at regular meeting times to update the Municipal Code and City Council policies and procedures.  The City Attorney will coordinate with the City Manager’s office and will involve the affected City Departments as necessary.  All proposed revisions to the Municipal Code or policy and procedures would have to be presented to and approved by the full City Council at a regularly noticed City Council meeting. 

There are no direct fiscal impacts anticipated as a result of the adoption of the proposed Resolution as the City already has the ad hoc Committee and there are no additional costs anticipated as a result of dissolving the ad hoc Committee and forming the Committee.

City staff and the City Attorney recommend that the City Council adopt the Resolution Dissolving the ad hoc Advisory Subcommittee for the Union City Municipal Code Update Project and Forming the Legislation and Policy Committee. 

Kristopher J. Kokotaylo, City Attorney

Anna M. Brown, City Clerk