Agenda packet, regular meeting — Fremont City Council, July 12, 2022

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Raj Salwan, Vice Mayor
Teresa Keng, District 1
Rick Jones, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Teresa Cox, District 6

City Staff

Karena Shackelford, City Manager
Rafael Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager

Geneva Bosques, Communications and
Legislative Affairs Director
Allen DeMers, Human Resources Director
Susan Gauthier, City Clerk
Curtis Jacobson, Fire Chief
Hans Larsen, Public Works Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Suzanne Shenfil, Human Services Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Suzanne Wolf, Community Services Director
Fremont City Council
Agenda and Report
July 12, 2022

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call

2. Consent Agenda

3. Ceremonial Items

4. Public Communications

5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees

6. Report from City Attorney

7. Other Business

8. Council Communications

9. Adjournment

IMPORTANT NOTICE REGARDING THE

CITY COUNCIL MEETING
This meeting is being conducted utilizing
teleconferencing and electronic means Pursuant to
Government Code Section 54953(e) (Assembly Bill
361), The live stream of the meeting may be viewed
on the City of Fremont’s website at
www.Fremont.gov/Channel27 , which also provides
a link to the live stream; or, on Comcast Channel 27.

Please note at this time, Channel 27 is only
available to Comcast cable subscribers. The public
may only view the meeting on television and/or
online and not in the Council Chamber.

Submission of Public Comments: For those wishing
to make public comments at the July 12, 2022
Council meeting, you may either: (1) submit your
comments by email prior to the meeting, or (2) by
Spoken Public Comment during the meeting. If you
experience technical problems with the telephonic
meeting, please contact the City Clerk’s Office at
(510)284-4060 or [email protected] .

See instructions on next page.

Agenda and Report - Fremont City Council Meeting - July 12, 2022

July 12, 2022 Fremont City Council Page 2
How to submit Public Communications / Public Comment by email prior to the meeting:

Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit during a public comment portion of the zoom meeting, submit the pdf formatted document(s) to the email above by the noted deadline. Use the “raise hand” feature to request to speak. When called upon by the Mayor, City staff can share the document(s) while you are speaking during the time allotted.

Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

How to provide Spoken Public Comment during the meeting:
1) By phone 833-430-0037 (toll free). Webinar ID: 835 3699 1640. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/83536991640
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak.
d. When called, please limit your remarks to the time limit allotted.

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact The City Clerk’s Office at (510)284-4060 or [email protected] prior to the meeting for assistance.

Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and information by staff followed by City Council questions and inquiries. The applicant, or their authorized representative, or interested citizens, may they speak on the item; each speaker may only speak once to each item. At the close of public discussion, the item will be considered by the City Council and action taken. Items on the agenda may be moved from the order listed.

Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case the item will be removed from the Consent Calendar and considered separately.

Additionally, other items without a “Request to Address the City Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

Oral Communications
Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Please submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker card) and each speaker may only speak once on each agenda item.

The City Council Agendas may be accessed by computer at the following World Wide Web Address:
www.fremont.gov

Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.

Information about the City or items scheduled on the Agenda and Report may be referred to:

Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060

Your interest in the conduct of our City’s business is appreciated.

July 12, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
July 12, 2022
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements by Mayor / City Manager

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.

C. AB 361 - Consider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361
Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATION: Staff recommends that the City Council make the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:

1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency;

2. The state of emergency continues to directly impact the ability of the members to meet safely in person; and

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on August 9, 2022.

July 12, 2022 Fremont City Council Page 4
D. MULTIPURPOSE SENIOR SERVICES PROGRAM (MSSP) PROGRAM
CONTRACT - Adopt a Resolution Authorizing the City Manager to Execute a FY 2022/23 Contract with the California Department on Aging to Provide Multipurpose Senior Services Program (MSSP) and Making Findings of CEQA Exemption
Contact Persons:

Name: Karen L. Grimsich
Title: Family Services
Administrator

Dept: Human Services Department
Phone: 510-574-2062
E-Mail: [email protected]

RECOMMENDATION: Adopt a resolution approving and authorizing the City Manager or her designee to execute the contract MS-2223-37 with the California Department on Aging to provide MSSP services for FY 2022/23 in an amount not to exceed $546,312.

E. FACILITIES MAINTENANCE AGREEMENT FOR PLAYGROUND MAINTENANCE AND SAFETY RESURFACING - Authorize the City Manager or Designee to Execute the Facilities Maintenance Agreement with SpectraTurf, Inc.

Contact Persons:

Name: Andrew Freeman Suzanne Wolf
Title: Business Manager Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATION: By motion, award a Facilities Maintenance Agreement through June 30, 2027 and authorize the City Manager or designee to execute the agreement with SpectraTurf, Inc., with a total not to exceed amount of $891,344.

F. FREMONT POLICE ASSOCIATION MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Police Association (FPA)
Contact Persons:

Name: Tina Gallegos Allen DeMers
Title: Human Resources Manager Human Resources Director Dept: Human Resources Human Resources
Phone: 510-494-4652 510-494-4651
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Fremont Police Association (FPA); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

July 12, 2022 Fremont City Council Page 5
G. FREMONT ASSOCIATION OF MANAGEMENT EMPLOYEES MOU -
Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Association of Management Employees (FAME)
Contact Persons:

RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Fremont Association of Management Employees (FAME); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

H. FREMONT FIRE FIGHTERS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1689 (IAFF) MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Fire Fighters, International Association of Fire Fighters Local 1689 (IAFF) Contact Persons:

RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) including those terms for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Fremont Fire Fighters, International Association of Fire Fighters (IAFF), Local 1689; and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

I. FREMONT BATTALION CHIEFS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1689 (IAFF-BC) MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Battalion Chiefs, International Association of Fire Fighters, Local 1689 (IAFF-BC)
Contact Persons:

RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) including those terms for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Fremont Battalion Chiefs, International Association of Fire Fighters (IAFF-BC), Local 1689; and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

July 12, 2022 Fremont City Council Page 6
J. PROFESSIONAL ENGINEERS AND TECHNICIANS ASSOCIATION MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Professional Engineers and Technicians Association (PETA)
Contact Persons:

RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Professional Engineers and Technicians Association (PETA); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

K. TEAMSTERS, LOCAL 856 MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with Teamsters, Local 856 Contact Persons:

RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and Teamsters; and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

L. CITY OF FREMONT EMPLOYEE ASSOCIATION MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the City of Fremont Employee Association (CFEA)
Contact Persons:

RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the City of Fremont Employee Association (CFEA); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

July 12, 2022 Fremont City Council Page 7
M. AMENDMENT TO THE CITY ATTORNEY EMPLOYMENT AGREEMENT - Consider Adopting a Resolution Authorizing A Wage Increase and Amending the Employment Agreement between Rafael E. Alvarado Jr. and the City of Fremont
Contact Persons:

Name: Lily Mei Allen DeMers
Title: Mayor Human Resources Director
Dept: City Council Human Resources
Phone: 510-284-4011 510-494-4651
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a Resolution authorizing the Mayor to execute the First Amendment to the City Attorney’s employment agreement to provide a five percent cost of living wage increase.

N. FIRST AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT - Consideration of a Resolution Approving a Wage Increase and Amendment to the Employment Agreement between Karena McGee Shackelford and the City of Fremont
Contact Persons:

Name: Lily Mei Allen DeMers
Title: Mayor Human Resources Director
Dept: City Council Human Resources
Phone: 510-284-4011 510-494-4651
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a Resolution authorizing the Mayor to execute the First Amendment to the City Manager’s employment agreement to provide a five percent cost of living wage increase.

3. Ceremonial Items
A. Proclamation: National Night Out
B. Ceremonial Presentation: Donation of Painting to City of Fremont by Country Club of Washington Township Women’s Club by
Michi Yee, President
C. Proclamation: Summer Learning Week July 11-15, 2022

4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
July 12, 2022 Fremont City Council Page 8

5. Scheduled Items
A. DRAFT 2023-2031 HOUSING ELEMENT – Public Hearing (Published Notice) to Provide Input on a Draft of Fremont’s 2023-2031 Housing Element Update, An Eight-Year Plan to Meet the Housing Needs of Everyone in the Community.

Contact Persons:

Name: Wayland Li Joel Pullen
Title: Principal Planner Planning Manager
Dept: Planning Planning
Phone: 510-494-4453 510-494-4436
E-Mail: [email protected] [email protected]

RECOMMENDATION: Review, conduct a public hearing, and provide comments on draft 2023-2031 Housing Element.

B. ADJUSTMENTS TO THE SALARIES OF THE MAYOR AND COUNCIL MEMBERS - Introduce an Ordinance Amending the Fremont Municipal Code Section

2.05.060 and Authorizing a Salary Increase for the Mayor and Council Members
Contact Persons:

Name: David Persselin Brian Stott
Title: Finance Director Assistant City Manager
Dept: Finance Department City Manager's Office
Phone: 510-494-4631 510-494-4660
E-Mail: [email protected] [email protected]

RECOMMENDATION: Waive full reading and introduce an ordinance amending the Municipal Code to authorize an increase in the salary of the City Councilmembers to $2,427.76 per month and of the Mayor to $4,313.28 per month, effective after the new City Council is seated following the election of November 8, 2022.

6. Report from City Attorney - None.

7. Other Business - None.

8. Council Communications
A. Council Referrals - None.

B. Oral Reports on Meetings

9. Adjournment
July 12, 2022 Fremont City Council Page 9

ACRONYMS

ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET

Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program

ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment

July 12, 2022 Fremont City Council Page 10

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 July 12, 2022 5:30 p.m. City Council Closed Session
Meeting
Council
Chambers Live
July 12, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 19, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 26, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
August Recess – No City Council Meetings
September 6, 2022 7:00 p.m. City Council Meeting Council Chambers Live
September 13, 2022 7:00 p.m. City Council Meeting Council Chambers Live
September 20, 2022 7:00 p.m. City Council Meeting Council Chambers Live
September 27, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
Monday,
October 3, 2022 5:30 p.m. Joint City Council/FUSD
Meeting
FUSD
Hosts Live
October 4, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
October 11, 2022 7:00 p.m. City Council Meeting Council Chambers Live
October 18, 2022 7:00 p.m. City Council Meeting Council Chambers Live
October 25, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
November 1, 2022 7:00 p.m. City Council Meeting Council Chambers Live
November 8, 2022 7:00 p.m. City Council Meeting Council Chambers Live
November 15, 2022 7:00 p.m. City Council Meeting Council Chambers Live
November 22, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
November 22, 2022 No 7 PM City Council
Meeting (4th Tuesday)
November 29, 2022 No 7 PM City Council
Meeting (5th Tuesday)

Fremont City Council Meeting: 07/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4632) DOC ID: 4632
Updated: 6/24/2022 6:25 AM by Susan Gauthier Page 1
AB 361 - Consider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361
Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Div/Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

Executive Summary: In order for the City Council and the City’s legislative bodies to continue holding meetings by teleconferencing pursuant to Government Code Section 54953(e) (AB 361), the City Council needs to reconsider the circumstances of the state of emergency created by the COVID-19 pandemic every 30 days and find that the state of emergency continues to directly impact the ability of the members to meet safely in person.

BACKGROUND: On September 16, 2021, Governor Newsom signed AB 361 amending the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. AB 361 builds upon Executive Order N-29-20, issued by the Governor on March 17, 2020, which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID-19 declared emergency.

AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations, if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the agency has already determined or is determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

To continue meeting remotely pursuant to AB 361, an agency must make periodic findings that: (1) the body has reconsidered the circumstances of the declared emergency; and (2) the emergency impacts the ability of the body’s members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing. These findings should be made not later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter.

DISCUSSION/ANALYSIS: The City Council and the City’s other legislative bodies have met using teleconferencing throughout the COVID-19 pandemic to protect the health and safety of the public and staff. The factual circumstances exist for the City to continue to hold meetings pursuant to AB 361. Specifically, the Governor’s declared State of Emergency in response to the COVID-19 pandemic (the “Emergency”) is still in place. In addition, the City of Fremont COVID-19 Employee Resource Guide requires physical distancing for City employees, customers and visitors, to the extent possible. And finally, the Centers for Disease Control and Prevention continue to advise that COVID-19 spreads more easily

2.C
Packet Pg. 11
Staff Report (ID # 4632) Meeting of July 12, 2022
Updated: 6/24/2022 6:25 AM by Susan Gauthier Page 2
indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time. Therefore, due to the ongoing COVID 19 pandemic, the need to promote social distancing to reduce the likelihood of exposure to COVID-19, and the imminent risks to the health or safety of meeting attendees, the Emergency impacts the ability of the City Council and the legislative bodies of the City to meet safely in person.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS: None.

RECOMMENDATION: Staff recommends that the City Council make the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:

1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency;

2. The state of emergency continues to directly impact the ability of the members to meet safely in person; and

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on August 9, 2022.

2.C
Packet Pg. 12
Fremont City Council Meeting: 07/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4629) DOC ID: 4629
Updated: 7/8/2022 8:03 AM by Susan Gauthier Page 1

MULTIPURPOSE SENIOR SERVICES PROGRAM (MSSP) PROGRAM CONTRACT - Adopt a Resolution Authorizing the City Manager to Execute a FY 2022/23 Contract with the California Department on Aging to Provide Multipurpose Senior Services Program (MSSP) and Making Findings of CEQA Exemption Contact Persons:

Name: Karen L. Grimsich
Title: Family Services Administrator
Div/Dept: Human Services Department
Phone: 510-574-2062
E-Mail: [email protected]

Executive Summary: Since February 2001, the California Department of Aging (CDA) has contracted with the City of Fremont to administer the Multipurpose Senior Services Program (MSSP), which provides case management and purchased services for frail, Medi-Cal eligible, homebound seniors in Southern Alameda County.

Staff recommends the City Council adopt a resolution approving and authorizing the City Manager, or designee, to execute an agreement for Fiscal Year 2022/23, contract number MS-2223-37, in the amount of $546,312.

BACKGROUND: Since 2001, CDA has contracted with the City to provide MSSP case management services in Southern Alameda County through the Human Services Department. The purpose of MSSP is to keep low-income, nursing home eligible seniors out of nursing facilities and in their homes for as long as possible. This program provides services to 102 very frail individuals at any one time. The care management team is comprised of three case managers specializing in social work and nursing who develop and monitor a plan of care that includes regular home visits, medical care coordination, medication management, health education, and the purchase of necessary mobility and home safety devices.

DISCUSSION/ANALYSIS: The age of the City’s MSSP clients ranges from 69 to 104 years. Eighty percent of current clients are female and almost half of them live alone. The clientele is diverse with 30% being Caucasian, 18% Chinese (primarily mono-lingual), 15% Afghan, 9% African American and 28% other. MSSP clients take an average of 11 medications and require substantial assistance in coordinating their medical care and social needs. All MSSP clients will be certified by a nurse as eligible for nursing home level of care. Home is generally where older adults wish to remain. With the support of this program, clients can attain their goal of living at home.

The Tri-City area is experiencing a demographic shift in which the older adult population is growing at a faster rate than the total population. As an increasing number of residents require support to remain safely living in the community, programs such as MSSP are going to be increasingly in demand.

2.D
Packet Pg. 13
Staff Report (ID # 4629) Meeting of July 12, 2022
Updated: 7/8/2022 8:03 AM by Susan Gauthier Page 2
FISCAL IMPACT: CDA will reimburse the City at a per client per month rate, for a total contract amount not to exceed $546,312 for the year. Currently, the City can serve up to 103 clients at any point in time. In anticipation of this agreement, the City Council has been asked to appropriate sufficient funding for these services as part of the FY 2022/23 proposed operating budget.

ENVIRONMENTAL REVIEW: The City Council’s action on this resolution is exempt from the California Environmental Quality Act pursuant to, without limitation, CEQA Guidelines Sections 15378(b)(2) and (b)(4)-(5), 15262, and 15061(b)(3), each as a separate and independent basis.

ATTACHMENTS:
• Draft Resolution MSSP Amendment FY 22-23

2.D
Packet Pg. 14
Resolution 2022-XX Page 1 of 2

DRAFT

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE FY 22 -23 CONTRACT AMENDMENT WITH THE CALIFORNIA
DEPARTMENT OF AGING (MS -2223-37) TO PROVIDE SERVICES UNDER

THE MULTI -PURPOSE SENIOR SERVICES PROGRAM AND MAKING

FINDINGS OF CEQA EXEMPTION

WHEREAS, the Multipurpose Senior Services Program (“MSSP”) is a State of California Department of Aging program that provides funding to enable frail, Medi-Cal eligible seniors aged 65 and over to remain safely at home rather than enter nursing homes; and

WHEREAS, since February, 2001, the City of Fremont (“City”) has been under contract with the California Department on Aging to administer and provide MSSP case management services in Southern Alameda County through the Human Services Department, among the purposes of which are to keep low-income, frail, nursing home eligible seniors out of nursing facilities and in their homes for as long as possible; and

WHEREAS, the City desires to continue its successful arrangement with the California Department on Aging with respect to the MSSP; and

WHEREAS, the City Council’s action on this resolution is exempt from the California Environmental Quality Act pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2) [continuing administrative activities], Section 15378 (b)(4) [governmental fiscal activities], Section 15378(5) [continuing administrative activities], Section 15262 [feasibility and planning studies], and 15061(b)(3) [no possibility of significant effect on the environment], each as a separate and independent basis.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT that the City Manager or designee is hereby authorized to execute Contract Amendment (MS-2223-37) with the California Department on Aging to administer and provide MSSP services for Fiscal Year 2022-2023 in the amount of $546,312 and to take all reasonable and appropriate actions in order to implement the same.

BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the State of California Department of Aging.

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Attachment: Draft Resolution MSSP Amendment FY 22-23 (4629 : Multipurpose Senior Services Program Agreement) Resolution 2022-XX Page 2 of 2

ADOPTED, , 2022, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

2.D.a
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Attachment: Draft Resolution MSSP Amendment FY 22-23 (4629 : Multipurpose Senior Services Program Agreement) Fremont City Council Meeting: 07/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4640) DOC ID: 4640 A
Updated: 7/8/2022 8:07 AM by Susan Gauthier A Page 1

FACILITIES MAINTENANCE AGREEMENT FOR PLAYGROUND MAINTENANCE AND SAFETY RESURFACING - Authorize the City Manager or Designee to Execute the Facilities Maintenance Agreement with SpectraTurf, Inc.

Contact Persons:

Name: Andrew Freeman Suzanne Wolf
Title: Business Manager Community Services Director
Div/Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to authorize the award and execution of Facilities Maintenance Agreement for Playground Maintenance and Safety Resurfacing at City locations to SpectraTurf.

BACKGROUND: Over the last two fiscal years, the City has successfully completed park playground maintenance and safety resurfacing at the eleven sites listed below:

Agua Caliente, Booster, Brookvale, David Jones, Frank Fisher, Irvington, Karl Nordvik, Lone Tree, Lowry, Peregrine and Westridge.

DISCUSSION/ANALYSIS: A new Request for Proposals (RFP #22-017) was publicly released on April 7, 2022 to complete additional playground maintenance and safety resurfacing work at various City locations. The RFP remained open through May 5, 2022.

Thirty-one companies viewed the RFP posting.

Playground maintenance and safety resurfacing scope of work consisted of the following surfacing work:

• Full Removal and Replacement
• Patch, Seal and Coat
• Re-Top
• Seal and Coat

If approved, City Staff expects the resurfacing work to be completed over the next five years at the 25 park playground sites listed below:

Agua Caliente, Always Dream, Blacow, Brookvale, Buena Vista, California Terrace, Centerville, Crandall Creek, David Jones, Frank Fisher, Gomes, Harvey, Irvington, Karl Nordvik, Kennedy, Lone Tree, Los Cerritos, Lowry, Northgate, Old Mission, Peregrine, Rix, Sabercat, Warm Springs and Westridge.

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Staff Report (ID # 4640) Meeting of July 12, 2022
Updated: 7/8/2022 8:07 AM by Susan Gauthier A Page 2
The City received one competitive proposal for this service: SpectraTurf Inc. The proposal was evaluated by three raters applying the following factors:

• Qualifications 20 Points
• Feasibility 20 Points
• Responsiveness 20 Points
• Service Agreement 20 Points
• Service Rates 20 Points

Staff is recommending awarding the contract to SpectraTurf Inc., for a five-year term through June 30, 2027 with a total not to exceed amount of $891,344. Compensation adjustments may be considered each July 1st by playground site based on the Consumer Price Index (CPI), up to 5% yearly.

FISCAL IMPACT: All City costs associated with this agreement are covered by the budget adopted through the bi-annual CIP process (PWC 8770 Poured in Place Area Surfacing).

ENVIRONMENTAL REVIEW: The maintenance activities for the existing park play surfaces are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301, Existing Facilities. Prior to commencement of ground disturbing activities, the requirements of Fremont Municipal Code Section 18.218.050(b)(1) (Standard Development Requirements for Burrowing Owls) will be met.

ATTACHMENTS: None.

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Fremont City Council Meeting: 07/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4665) DOC ID: 4665
Updated: 7/8/2022 8:09 AM by Alberto Quintanilla Page 1 FREMONT POLICE ASSOCIATION MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Police Association (FPA)
Contact Persons:

Name: Tina Gallegos Allen DeMers
Title: Human Resources Manager Human Resources Director Div/Dept: Human Resources Human Resources
Phone: 510-494-4652 510-494-4651
E-Mail: [email protected] [email protected]

Executive Summary: In June 2022, the City of Fremont reached agreement with the Fremont Police Association (FPA) for a three-year Memorandum of Understanding. The bargaining unit has 187 members and is comprised of Police Officers and Sergeants. The proposed MOU contains changes from the prior agreement term consisting primarily of wage and health-benefit increases as well as enhancements to two specialty assignment/skill pay items. The remaining substantive provisions of the current MOU are unchanged.

BACKGROUND: The City’s current MOU with FPA expired on June 30, 2022. The City’s negotiating team and FPA conducted nine negotiating sessions regarding a successor agreement and reached a tentative agreement on June 30, 2022. The City received notice that FPA ratified the agreement on July 1, 2022.

DISCUSSION/ANALYSIS: Significant Memorandum of Understanding Provision Changes:

1. Employee Compensation:
a) Effective the start of the first full pay period in July 2022, FPA members will receive a base wage increase of 6.0%.
b) Effective the start of the first full pay period in July 2023, FPA members will receive a base wage increase of 6.0%.
c) Effective the start of the first full pay period in July 2024, FPA members will receive a base wage increase of 5.0%.

2. Health Benefit Allowance:
a) Effective January 1, 2023, the unit’s health benefit allowance will be increased by $150 per month (from $2,350 per month to $2,500 per month). b) Effective January 1, 2024, the unit’s health benefit allowance will be increased by an additional $100 per month (from $2,500 per month to $2,600 per month).
c) Effective January 1, 2025, the unit’s health benefit allowance will be increased by an additional $100 per month (from $2,600 per month to $2,700 per month).

3. Specialty Pays:
a) Bilingual Pay – the first full pay period in July 2022 the unit’s Bilingual Pay will be increased from $69.23 to $125.00 per pay period.

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Staff Report (ID # 4665) Meeting of July 12, 2022
Updated: 7/8/2022 8:09 AM by Alberto Quintanilla Page 2 b) Administrative Sergeant Pay - effective the first full pay period in July 2022, Administrative Sergeant Pay shall be increased from 2.5% of base pay to

5.0% of base pay.

4. Juneteenth Holiday:
a) The City of Fremont will commemorate Juneteenth (June 19 ) as a holiday consistent with the proclamation of this day as a holiday.

5. Association Release time:
a) Effective July 1, 2022 the Fremont Police Association’s release time bank shall increase from 100 hours to 200 hours.

FISCAL IMPACT: In addition to approving the MOU, it is recommended that the City Council direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

1. Compensation Increase:
a) Fiscal Year 2022/23 Anticipated Fiscal Impact: $2.06M (Approximately $1.03M was included in the 2022/23 Adopted Budget)
b) Fiscal Year 2023/24 Additional Anticipated Fiscal Impact: $2.06M c) Fiscal Year 2024/25 Additional Anticipated Fiscal Impact: $1.72M

2. Health Benefit Allowance
a) Fiscal Year 2022/23 Anticipated Fiscal Impact: $61,000 b) Fiscal Year 2023/24 Additional Anticipated Fiscal Impact: $102,000 c) Fiscal Year 2024/25 Additional Anticipated Fiscal Impact: $81,000

3. Specialty Pays:
a) Bilingual Pay: This enhancement will result in an increased expense of approximately $31,000 in each year of the contract.
b) Administrative Sergeant Pay: This enhancement will result in an approximate fiscal impact of $130,000 in each year of the contract

4. Juneteenth Holiday: This enhancement will result in an increased holiday pay expense for this labor group of approximately $110,000 in each year of the contract.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS:
• Draft Resolution FPA MOU

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Resolution 2022-XX Page 1 of 2

DRAFT
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT APPROVING THE NEGOTIATED TERMS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING, INCLUDING THOSE TERMS,

BETWEEN THE CITY OF FREMONT AND THE FREMONT POLICE

ASSOCIATION (F PA) FOR A THREE-YEAR PERIOD, EFFECTIVE
JULY 1, 2022 THROUGH JUNE 30, 2025

WHEREAS, the Fremont Police Association (“FPA”) and the City of Fremont (“City”) desire to continue their bargaining relationship as governed by the California Government Code Section 3500 et seq.; and

WHEREAS the parties have met and conferred in good faith in accordance with the requirements of California Government Code Section 3500 et seq.; and

WHEREAS, such meetings have resulted in negotiated tentative terms (“negotiated terms”) to be included in a three-year Memorandum of Understanding for the period of July 1, 2022 through June 30, 2025.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fremont as follows:

Section 1. The City Council approves the negotiated terms, as outlined in the staff report dated July 12, 2022 and incorporated herein by this reference, for a Memorandum of Understanding covering employees who are represented by the Fremont Police Association.

Section 2. The City Council authorizes the City Manager to execute a three-year Memorandum of Understanding effective July 1, 2022 through June 30, 2025, including the negotiated terms, and to implement the Memorandum of Understanding.

ADOPTED __________, 2022, by the City Council of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Draft Resolution FPA MOU (4665 : FREMONT POLICE ASSOCIATION MOU) Resolution 2022-XX Page 2 of 2

________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ________________________________ City Clerk City Attorney

2.F.a
Packet Pg. 22
Attachment: Draft Resolution FPA MOU (4665 : FREMONT POLICE ASSOCIATION MOU) Fremont City Council Meeting: 07/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4666) DOC ID: 4666
Updated: 7/8/2022 8:12 AM by Alberto Quintanilla Page 1 FREMONT ASSOCIATION OF MANAGEMENT EMPLOYEES MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Association of Management Employees (FAME)
Contact Persons:

Executive Summary: On June 30, 2022, the City of Fremont reached agreement with the Fremont Association of Management Employees (FAME) for a three-year Memorandum of Understanding. The bargaining unit is made up of 122 members and represents a variety of managers throughout the City. The proposed MOU contains wage and health-benefit allowance increases. The remaining substantive provisions of the MOU are unchanged.

BACKGROUND: The City’s current MOU with FAME expired on June 30, 2022. The City’s negotiating team and FAME conducted eight negotiating sessions regarding a successor agreement and signed a tentative agreement on June 30, 2022. The City received notice that FAME ratified the agreement on July 2, 2022.

DISCUSSION/ANALYSIS: Significant Memorandum of Understanding Provision Changes:

1. Employee Compensation:
a) Effective the start of the first full pay period in July 2022, FAME members will receive a base wage increase of 5.0%.
b) Effective the start of the first full pay period in July 2023, FAME members will receive a base wage increase of 5.0%.
c) Effective the start of the first full pay period in July 2024, FAME members will receive a base wage increase of 4.0%.

2. Wage Equity Increase:
a. Effective July 1, 2022 the classification of Sr. Landscape Architect will receive a 4% wage increase to address salary compaction between that classification and a subordinate classification.

3. Health Benefit Allowance:
a) Effective January 1, 2023, the unit’s health benefit allowance will be increased by $150 per month (from $2,350 per month to $2,500 per month). b) Effective January 1, 2024, the unit’s health benefit allowance will be increased by an additional $100 per month (from $2,500 per month to $2,600 per month).
c) Effective January 1, 2025, the unit’s health benefit allowance will be increased by an additional $100 per month (from $2,600 per month to $2,700 per month).

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Staff Report (ID # 4666) Meeting of July 12, 2022
Updated: 7/8/2022 8:12 AM by Alberto Quintanilla Page 2

4. Juneteenth Holiday:
a) The City of Fremont will commemorate Juneteenth (June 19) as a holiday consistent with the proclamation of this day as a holiday.

1. Compensation Increase:
a) Fiscal Year 2022/23 Approximate Anticipated Fiscal Impact: $976,000 (Approximately $585,000 was included in the 2022/23 Adopted Budget) b) Fiscal Year 2023/24 Approximate Additional Anticipated Fiscal Impact:
$976,000
c) Fiscal Year 2024/25 Approximate Additional Anticipated Fiscal Impact:
$780,000

2. Wage Equity Increase:
a) Approximate Anticipated Fiscal Impact: $12,000 in each year of the contract

3. Health Benefit Allowance:
a) Fiscal Year 2022/23 Approximate Anticipated Fiscal Impact: $53,000 b) Fiscal Year 2023/24 Approximate Additional Anticipated Fiscal Impact:
$88,000
c) Fiscal Year 2024/25 Approximate Additional Anticipated Fiscal Impact:
$71,000

4. Juneteenth Holiday:
a) Approximate Anticipated Fiscal Impact: $3,000 in each year of the contract

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS: None.

ATTACHMENTS:
• Draft Resolution FAME MOU

RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Fremont Association of Management Employees (FAME); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

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Resolution 2022-XX Page 1 of 2

DRAFT
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING THE NEGOTIATED TERMS AND AUTHORIZING THE

CITY MANAGER TO EXECUTE A MEMORANDUM OF

UNDERSTANDING, INCLUDING THOSE TERMS, BETWEEN THE CITY

OF FREMONT AND FREMONT ASSOCIATION OF MANAGEMENT

EMPLOYEES (FAME) FOR A THREE-YEAR PERIOD, EFFECTIVE
JULY 1, 2022 THROUGH JUNE 30, 2025

WHEREAS, the Fremont Association of Management Employees (“FAME”) and the City of Fremont (“City”) desire to continue their bargaining relationship as governed by the California Government Code Section 3500 et seq.; and

WHEREAS the parties have met and conferred in good faith in accordance with the requirements of California Government Code Section 3500 et seq.; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fremont as follows:

ADOPTED __________, 2022, by the City Council of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

2.G.a
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Attachment: Draft Resolution FAME MOU (4666 : FREMONT ASSOCIATION OF MANAGEMENT EMPLOYEES MOU) Resolution 2022-XX Page 2 of 2

________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ________________________________ City Clerk City Attorney

2.G.a
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Attachment: Draft Resolution FAME MOU (4666 : FREMONT ASSOCIATION OF MANAGEMENT EMPLOYEES MOU) Fremont City Council Meeting: 07/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4667) DOC ID: 4667
Updated: 7/8/2022 8:14 AM by Alberto Quintanilla Page 1

FREMONT FIRE FIGHTERS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1689 (IAFF) MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Fire Fighters, International Association of Fire Fighters Local 1689 (IAFF)
Contact Persons:

Executive Summary: In June 2022, the City of Fremont reached agreement with International Association of Fire Fighters (IAFF), for a three-year Memorandum of Understanding. The bargaining unit is made up of 127 members including Fire Fighters, Fire Engineers and Fire Captains. The proposed MOU contains general wage, health-benefit and certification pay enhancements. The remaining substantive provisions of the current MOU are unchanged.

BACKGROUND: The City’s current MOU with IAFF expired on June 30, 2022. The City’s negotiating team and IAFF conducted nine negotiating sessions regarding a successor agreement and reached a tentative agreement on June 30, 2022. The City received notice that IAFF ratified the agreement on July 2, 2022.

DISCUSSION/ANALYSIS: Significant Memorandum of Understanding Provision Changes:

1. Employee Wage:
a) Effective the start of the first full pay period in July 2022, IAFF members will receive a base wage increase of 6.0%.
b) Effective the start of the first full pay period in July 2023, IAFF members will receive a base wage increase of 6.0%.
c) Effective the start of the first full pay period in July 2024, IAFF members will receive a base wage increase of 5.0%.

3. Paramedic Recertification Pay:

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Staff Report (ID # 4667) Meeting of July 12, 2022
Updated: 7/8/2022 8:14 AM by Alberto Quintanilla Page 2 a) Effective the first full pay period in July 2022, biennial Paramedic Recertification Pay will be increased by $1 ,000 (from $2,500 to $3,500 per month) per qualifying paramedic staff member.

4. Juneteenth Holiday:
a) Effective July 1, 2022 the City of Fremont will commemorate Juneteenth (June 19) as a holiday consistent with the procl amation of this day as a holiday.

1. Wage Increases:
a) Fiscal Year 2022/23 Approximate Anticipated Fiscal Impact: $1.33M (Approximately $664,000 was included in the 2022/23 Adopted Budget) b) Fiscal Year 2023/24 Approximate Additional Anticipated Fiscal Impact:
$1.33M
c) Fiscal Year 2024/25 Approximate Additional Anticipated Fiscal Impact:
$1.11M

2. Health Benefit Allowance:
a) Fiscal Year 2022/23 Approximate Anticipated Fiscal Impact: $82,000 b) Fiscal Year 2023/24 Approximate Additional Anticipated Fiscal Impact:
$137,000
c) Fiscal Year 2024/25 Approximate Additional Anticipated Fiscal Impact:
$109,000

3. Paramedic Recertification Enhancement:
a) Approximate Anticipated Fiscal Impact: $40,000 in each year of the contract.

4. Juneteenth Holiday:
a) Approximate Anticipated Fiscal Impact: $58,000 in holiday pay for this bargaining group in each year of the contract

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS:
• Draft Resolution IAFF MOU

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Resolution 2022-XX Page 1 of 2

DRAFT
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT APPROVING THE NEGOTIATED TERMS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING, INCLUDING THOSE TERMS,

BETWEEN THE CITY OF FREMONT AND THE INTER NATIONAL

ASSOCIATION OF FIREFIGHTERS (IAFF) FOR A THREE-YEAR
PERIOD, EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2025

WHEREAS, the International Association of Firefighters (“IAFF”) and the City of Fremont (“City”) desire to continue their bargaining relationship as governed by the California Government Code Section 3500 et seq.; and
WHEREAS the parties have met and conferred in good faith in accordance with the requirements of California Government Code Section 3500 et seq.; and WHEREAS, such meetings have resulted in negotiated tentative terms (“negotiated terms”) to be included in a three-year Memorandum of Understanding for the period of July 1, 2022 through June 30, 2025.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fremont as follows:

ADOPTED __________, 2022, by the City Council of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

2.H.a
Packet Pg. 29
Attachment: Draft Resolution IAFF MOU (4667 : FREMONT FIREFIGHTERS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1689 Resolution 2022-XX Page 2 of 2

________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ________________________________ City Clerk City Attorney

2.H.a
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Attachment: Draft Resolution IAFF MOU (4667 : FREMONT FIREFIGHTERS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1689 Fremont City Council Meeting: 07/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4668) DOC ID: 4668
Updated: 7/8/2022 8:16 AM by Alberto Quintanilla Page 1

FREMONT BATTALION CHIEFS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1689 (IAFF-BC) MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Battalion Chiefs, International Association of Fire Fighters, Local 1689 (IAFF-BC) Contact Persons:

Executive Summary: In June 2022, the City of Fremont reached agreement with the Battalion Chiefs, International Association of Fire Fighters, Local 1686 (IAFF-BC), for a three-year Memorandum of Understanding. The bargaining unit is made up of 6 members all of whom are Fire Battalion Chiefs. The proposed MOU contains wage and health-benefit enhancements. The remaining substantive provisions of the current MOU are unchanged.

BACKGROUND: The City’s current MOU with IAFF-BC expired on June 30, 2022. The City’s negotiating team and IAFF-BC conducted nine negotiating sessions regarding a successor agreement and reached a tentative agreement on June 30, 2022. The City received notice that IAFF-BC ratified the agreement on July 2, 2022.

DISCUSSION/ANALYSIS: Primary Memorandum of Understanding Provision Changes:

1. Employee Wage:
a) Effective the start of the first full pay period in July 2022, IAFF-BC members will receive a base wage increase of 6.0%.
b) Effective the start of the first full pay period in July 2023, IAFF-BC members will receive a base wage increase of 6.0%.
c) Effective the start of the first full pay period in July 2024, IAFF-BC members will receive a base wage increase of 5.0%

3. Juneteenth Holiday:

2.I
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Staff Report (ID # 4668) Meeting of July 12, 2022
Updated: 7/8/2022 8:16 AM by Alberto Quintanilla Page 2 a) Effective July 1, 2022 the City of Fremont will commemorate Juneteenth (June 19) as a holiday consistent with the proclamation of this day as a holiday.

1. Wage Increase:
a) Fiscal Year 2022/23 Approximate Anticipated Fiscal Impact: $85,000 (Approximately $42,000 was included in the 2022/23 Adopted Budget) b) Fiscal Year 2023/24 Approximate Anticipated Fiscal Impact: $85,000 c) Fiscal Year 2024/25 Approximate Additional Anticipated Fiscal Impact:
$71,000

2. Health Benefit Allowance:
a) Fiscal Year 2022/23 Approximate Anticipated Fiscal Impact: $4,500 b) Fiscal Year 2023/24 Approximate Additional Anticipated Fiscal Impact: $7,500 c) Fiscal Year 2024/25 Approximate Additional Anticipated Fiscal Impact: $6,000

3. Juneteenth Holiday:
a) Approximate Anticipated Fiscal Impact: $3,800 in holiday pay in each year of the contract for members of this bargaining unit.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS:
• Draft Resolution Battalion Chiefs IAFF MOU

RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) including those terms for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Fremont Battalion Chiefs, International Association of Fire Fighters (IAFF- BC), Local 1689; and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

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Resolution 2022-XX Page 1 of 2

DRAFT
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT APPROVING THE NEGOTIATED TERMS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING, INCLUDING THOSE TERMS,

BETWEEN THE CITY OF FREMONT AND THE FREMO NT

BATTALION CHIEFS, INT ERNATIONAL ASSOCIATI ON OF

FIREFIGHTERS (IAFF -BC) FOR A THREE-YEAR PERIOD,
EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2025

WHEREAS, the Fremont Battalion Chiefs, International Association of Firefighters (“IAFF-BC”) and the City of Fremont (“City”) desire to continue their bargaining relationship as governed by the California Government Code Section 3500 et seq.; and

WHEREAS the parties have met and conferred in good faith in accordance with the requirements of California Government Code Section 3500 et seq.; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fremont as follows:

ADOPTED __________, 2022, by the City Council of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

2.I.a
Packet Pg. 33
Attachment: Draft Resolution Battalion Chiefs IAFF MOU (4668 : FREMONT BATTALION CHIEFS, INTERNATIONAL ASSOCIATION OF FIRE Resolution 2022-XX Page 2 of 2

________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ________________________________ City Clerk City Attorney

2.I.a
Packet Pg. 34
Attachment: Draft Resolution Battalion Chiefs IAFF MOU (4668 : FREMONT BATTALION CHIEFS, INTERNATIONAL ASSOCIATION OF FIRE Fremont City Council Meeting: 07/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4669) DOC ID: 4669
Updated: 7/8/2022 8:18 AM by Alberto Quintanilla Page 1

PROFESSIONAL ENGINEERS AND TECHNICIANS ASSOCIATION MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Professional Engineers and Technicians Association (PETA)
Contact Persons:

Executive Summary: In June 2022, the City of Fremont reached agreement with the Professional Engineers and Technicians Association (PETA) for a three-year Memorandum of Understanding. The bargaining unit includes 34 members. The proposed MOU contains wage, health-benefit and tuition reimbursement enhancements. The remaining substantive provisions of the current MOU are unchanged.

BACKGROUND: The City’s current MOU with PETA expired on June 30, 2022. The City’s negotiating team and PETA conducted nine negotiating sessions regarding a successor agreement and signed a tentative agreement on June 30, 2022. The City received notice that PETA ratified the agreement on June 30, 2022.

DISCUSSION/ANALYSIS: Significant Memorandum of Understanding Provision Changes:

1. Employee Wage:
a) Effective the start of the first full pay period in July 2022, PETA members will receive a general wage increase of 5.0%.
b) Effective the start of the first full pay period in July 2023, PETA members will receive a general wage increase of 5.0%.
c) Effective the start of the first full pay period in July 2024, PETA members will receive a general wage increase of 4.0%

3. Tuition Reimbursement:
a) Effective July 1, 2022, the Tuition Reimbursement will be increased by $500 (from $3,000 to $3,500) per qualifying employee in each fiscal year.

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Staff Report (ID # 4669) Meeting of July 12, 2022
Updated: 7/8/2022 8:18 AM by Alberto Quintanilla Page 2

4. Juneteenth Holiday
a) Effective July 1, 2022 t he City of Fremont will commemorate Juneteenth (June 19) as a holiday consistent with the proclamation of this day as a holiday.

1. Employee Wage Increase:
a) Fiscal Year 2022/23 Approximate Anticipated Fiscal Impact: $233,000 (Approximately $140,000 was included in the 2022/23 Adopted Budget) b) Fiscal Year 2023/24 Approximate Additional Anticipated Fiscal Impact:
$233,000
c) Fiscal Year 2024/25 Approximate Additional Anticipated Fiscal Impact:
$186,000

2. Health Benefit Allowance:
a) Fiscal Year 2022/23 Approximate Anticipated Fiscal Impact: $11,000 b) Fiscal Year 2023/24 Approximate Additional Anticipated Fiscal Impact:
$18,000
c) Fiscal Year 2024/25 Approximate Additional Anticipated Fiscal Impact:
$15,000

3. Tuition Reimbursement Enhancement:
a) Approximate Anticipated Fiscal Impact: $2,000 in each year of the contract.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS:
• Draft Resolution PETA MOU

RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Professional Engineers and Technicians Association (PETA); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

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Resolution 2022-XX Page 1 of 2

DRAFT
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT APPROVING THE NEGOTIATED TERMS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING, INCLUDING THOSE

TERMS, BETWEEN THE CITY OF FREMONT AND

PROFESSIONAL ENGINEERS AND TECHNICIANS ASSOCIATION
(PETA) FOR A THREE-YEAR PERIOD EFFECTIVE JULY 1, 20 22
THROUGH JUNE 30, 2025______________________________________

WHEREAS, the Professional Engineers and Technicians Association (“PETA”) and the City of Fremont (“City”) desire to continue their bargaining relationship as governed by the California Government Code Section 3500 et seq.; and WHEREAS the parties have met and conferred in good faith in accordance with the requirements of California Government Code Section 3500 et seq.; and WHEREAS, such meetings have resulted in negotiated tentative terms (“negotiated terms”) to be included in a three-year Memorandum of Understanding for the period of July 1, 2022 through June 30, 2025.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fremont as follows:

ADOPTED _____________, 2022 by the City Council of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Draft Resolution PETA MOU (4669 : PROFESSIONAL ENGINEERS AND TECHNICIANS ASSOCIATION MOU) Resolution 2022-XX Page 2 of 2

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution PETA MOU (4669 : PROFESSIONAL ENGINEERS AND TECHNICIANS ASSOCIATION MOU) Fremont City Council Meeting: 07/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4670) DOC ID: 4670
Updated: 7/8/2022 8:20 AM by Alberto Quintanilla Page 1 TEAMSTERS, LOCAL 856 MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with Teamsters, Local 856 Contact Persons:

Executive Summary: In June 2022, the City of Fremont reached agreement with Teamsters, Local 856 (Teamsters) for a three-year Memorandum of Understanding. The bargaining unit is made up of 76 members. The proposed MOU contains wage and health- benefit increases. The remaining substantive terms of the current MOU are unchanged.

BACKGROUND: The City’s current MOU with Teamsters expired on June 30, 2022. The City’s negotiating team and Teamsters, Local 856 conducted nine negotiating sessions regarding a successor agreement and signed a tentative agreement on June 30, 2022. The City received notice that Teamsters ratified the agreement on July 1, 2022.

DISCUSSION/ANALYSIS: Significant Memorandum of Understanding Provision Changes:

1. Employee Wage:
a) Effective the start of the first full pay period in July 2022, Teamsters members will receive a base wage increase of 5.0%.
b) Effective the start of the first full pay period in July 2023, Teamsters members will receive a base wage increase of 5.0%.
c) Effective the start of the first full pay period in July 2024, Teamsters members will receive a base wage increase of 4.0%.

3. Juneteenth Holiday
a) Effective July 1, 2022 the City of Fremont will commemorate Juneteenth (June 19) as a holiday consistent with the proclamation of this day as a holiday.

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Staff Report (ID # 4670) Meeting of July 12, 2022
Updated: 7/8/2022 8:20 AM by Alberto Quintanilla Page 2 FISCAL IMPACT: In addition to approving the MOU, it is recommended that the City Council direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

1. Wage Increase:
a) Fiscal Year 2022/23 Approximate Anticipated Fiscal Impact: $396,000 (Approximately $238,000 was included in the 2022/23 Adopted Budget) b) Fiscal Year 2023/24 Approximate Additional Anticipated Fiscal Impact:
$396,000
c) Fiscal Year 2024/25 Approximate Additional Anticipated Fiscal Impact:
$317,000

2. Health Benefit Allowance
a) Fiscal Year 2022/23 Approximate Anticipated Fiscal Impact: $58,000 b) Fiscal Year 2023/24 Approximate Additional Anticipated Fiscal Impact:
$97,000
c) Fiscal Year 2024/25 Approximate Additional Anticipated Fiscal Impact:
$77,000

3. Juneteenth Holiday
a) Approximate Anticipated Fiscal Impact: $26,000 in holiday pay in each year of the contract

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS:
• Draft Resolution Teamsters MOU

RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and Teamsters; and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

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Resolution 2022-XX Page 1 of 2

DRAFT
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT APPROVING THE NEGOTIATED TERMS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING, INCLUDING THOSE TERMS,
BETWEEN THE CITY OF FREMONT AND LOCAL 856

INTERNATIONAL BROTHERHOOD OF TEAMSTERS FOR A THREE-
YEAR PERIOD, EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2025

WHEREAS, the Local 856 International Brotherhood of Teamsters (“Teamsters”) and the City of Fremont (“City”) desire to continue their bargaining relationship as governed by the California Government Code Section 3500 et seq.; and
WHEREAS the parties have met and conferred in good faith in accordance with the requirements of California Government Code Section 3500 et seq.; and WHEREAS, such meetings have resulted in negotiated tentative terms (“negotiated terms”) to be included in a three-year Memorandum of Understanding for the period of July 1, 2022 through June 30, 2025.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fremont as follows:

ADOPTED __________, 2022, by the City Council of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Draft Resolution Teamsters MOU (4670 : TEAMSTERS, LOCAL 856 MOU) Resolution 2022-XX Page 2 of 2

________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ________________________________ City Clerk City Attorney

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Attachment: Draft Resolution Teamsters MOU (4670 : TEAMSTERS, LOCAL 856 MOU) Fremont City Council Meeting: 07/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4671) DOC ID: 4671
Updated: 7/8/2022 8:21 AM by Alberto Quintanilla Page 1 CITY OF FREMONT EMPLOYEE ASSOCIATION MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the City of Fremont Employee Association (CFEA)
Contact Persons:

Executive Summary: In June 2022 the City of Fremont reached agreement with the City of Fremont Employee Association (CFEA) for a three-year Memorandum of Understanding.

The bargaining unit is made up of 270 members. The proposed MOU contains wage and health-benefit enhancements. The remaining substantive provisions of the current MOU are unchanged.

BACKGROUND: The City’s current MOU with CFEA expired on June 30, 2022. The City’s negotiating team and CFEA conducted ten negotiating sessions regarding a successor agreement and signed a tentative agreement on July 1, 2022. The City received notice that CFEA ratified the agreement on July 2, 2022.

DISCUSSION/ANALYSIS: Significant Memorandum of Understanding Provision Changes:

1. Employee Wage:
a) Effective the start of the first full pay period in July 2022, CFEA members will receive a base wage increase of 5.0%.
b) Effective the start of the first full pay period in July 2023, CFEA members will receive a base wage increase of 5.0%.
c) Effective the start of the first full pay period in July 2024, CFEA members will receive a base wage increase of 4.0%.

3. Safety Shoe Reimbursement:
a) Effective the first full pay period in July 2022, the maximum allowable reimbursement for employee safety shoes shall be increased by $75 (from

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Staff Report (ID # 4671) Meeting of July 12, 2022
Updated: 7/8/2022 8:21 AM by Alberto Quintanilla Page 2 $175 to $250) per qualifying employee , to provide equity with the labor market.

4. Juneteenth Holiday: The City of Fremont will commemorate Juneteenth (June 19) as a holiday consistent with the proclamation of this day as a holiday.

1. Wage Increase:
a) Fiscal Year 2022/23 Approximate Anticipated Fiscal Impact: $1.33M (Approximately $801,000 was included in the 2022/23 Adopted Budget) b) Fiscal Year 2023/24 Approximate Additional Anticipated Fiscal Impact:
$1.33M
c) Fiscal Year 2024/25 Approximate Additional Anticipated Fiscal Impact:
$1.07M

2. Health Benefit Allowance
a) Fiscal Year 2022/23 Approximate Anticipated Fiscal Impact: $77,000 b) Fiscal Year 2023/24 Approximate Additional Anticipated Fiscal Impact:
$128,000
c) Fiscal Year 2024/25 Approximate Additional Anticipated Fiscal Impact:
$103,000

3. Safety Shoe Reimbursement:
a) Approximate Anticipated Fiscal Impact: $1,500 in each year of the contract.

4. Juneteenth Holiday
a) Approximate Anticipated Fiscal Impact: $3,200 in holiday pay in each year of the contract for eligible members of the bargaining unit.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS:
• Draft Resolution CFEA MOU

RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the City of Fremont Employee Association (CFEA); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

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Resolution 2022-XX Page 1 of 2

DRAFT
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT APPROVING THE NEGOTIATED TERMS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING INCLUDING THOSE TERMS

BETWEEN THE CITY OF FREMONT AND CITY OF FR EMONT

EMPLOYEE ASSOCIAT ION (C FEA) FOR A THREE-YEAR PERIOD,
EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2025

WHEREAS, the City of Fremont Employee Association (“CFEA”) and the City of Fremont (“City”) desire to continue their bargaining relationship as governed by the California Government Code Section 3500 et seq.; and
WHEREAS the parties have met and conferred in good faith in accordance with the requirements of California Government Code Section 3500 et seq.; and WHEREAS, such meetings have resulted in negotiated tentative terms (“negotiated terms”) to be included in a three-year Memorandum of Understanding for the period of July 1, 2022 through June 30, 2025.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fremont as follows:

ADOPTED __________, 2022, by the City Council of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Draft Resolution CFEA MOU (4671 : CITY OF FREMONT EMPLOYEE ASSOCIATION MOU) Resolution 2022-XX Page 2 of 2

________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ________________________________ City Clerk City Attorney

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Attachment: Draft Resolution CFEA MOU (4671 : CITY OF FREMONT EMPLOYEE ASSOCIATION MOU) Fremont City Council Meeting: 07/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4672) DOC ID: 4672 A
Updated: 7/8/2022 8:58 AM by Susan Gauthier A Page 1
AMENDMENT TO THE CITY ATTORNEY EMPLOYMENT AGREEMENT - Consider Adopting a Resolution Authorizing A Wage Increase and Amending the Employment Agreement between Rafael E. Alvarado Jr. and the City of Fremont Contact Persons:

Name: Lily Mei Allen DeMers
Title: Mayor Human Resources Director
Div/Dept: City Council Human Resources
Phone: 510-284-4011 510-494-4651
E-Mail: [email protected] [email protected]

Executive Summary: As provided for by the City Attorney’s employment contract, the Mayor has requested that the City Attorney receive a five percent cost of living wage increase equal to the percentage general wage increase being provided to the City’s miscellaneous represented employees.

BACKGROUND: City Attorney Rafael E. Alvarado, Jr. has been employed by the City of Fremont since February 2022. The City entered into an employment agreement with Mr. Alvarado on January 12, 2022, and that agreement provides that the City Council may grant Mr. Alvarado periodic cost of living wage increases. The Mayor now desires to provide Mr. Alvarado with a five percent cost of living wage increase commensurate with the negotiated wage increase provided to all other City of Fremont miscellaneous employees in association with the City’s recently concluded labor negotiations.

Mr. Alvarado currently receives an annual salary of $295,000 and a bi-weekly salary of $11,346. If this recommended general wage increase is approved, Mr. Alvarado’s new annual salary will be $309,750 or $11,913 bi-weekly.

FISCAL IMPACT: The annual cost of the recommended five percent cost of living wage increase will be $14,750 (approximately $15,400 total compensation) and will be absorbed primarily by the General Fund with smaller amounts being absorbed by the Integrated Waste Management Fund and the Risk Management Fund.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS:
• Draft Resolution City Attorney First Amendment to Employment Agreement

RECOMMENDATION: Adopt a Resolution authorizing the Mayor to execute the First Amendment to the City Attorney’s employment agreement to provide a five percent cost of living wage increase.

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Resolution 2022-XX Page 1 of 1

DRAFT

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING A FIRST AMENDMENT TO THE EMPLOYMENT

AGREEMENT WITH THE CITY ATTORNEY

WHEREAS, the City Council of the City of Fremont entered into an Employment Agreement with City Attorney Rafael E. Alvarado, Jr. on January 12, 2022; and

WHEREAS, the City Council now desires to amend the Employment Agreement to provide the City Attorney a cost of liv ing wage increase in the amount of five percent ( 5%), commensurate with the wage increase provided to management employees in FY 2022/2023, as set forth in the Memorandum of Understanding between the City and the Fremont Association of Management Employees.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fremont authorizes the Mayor to execute the First Amendment to the Employment Agreement with the City Attorney to provide a cost of living wage increase in the amount of fiv e percent (5%), in a form to be approved by the City Attorney’s Office.

ADOPTED ______________, by the City Council of the City of Fremont, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk Senior Deputy City Attorney

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Attachment: Draft Resolution City Attorney First Amendment to Employment Agreement (4672 : FIRST AMENDMENT TO THE CITY ATTORNEY Fremont City Council Meeting: 07/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4673) DOC ID: 4673
Updated: 7/8/2022 9:04 AM by Susan Gauthier Page 1

FIRST AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT - Consideration of a Resolution Approving a Wage Increase and Amendment to the Employment Agreement between Karena McGee Shackelford and the City of Fremont
Contact Persons:

Name: Lily Mei Allen DeMers
Title: Mayor Human Resources Director
Div/Dept: City Council Human Resources
Phone: 510-284-4011 510-494-4651
E-Mail: [email protected] [email protected]

Executive Summary: As provided for by the City Manager’s employment contract, the Mayor has requested that the City Manager receive a five percent cost of living wage increase equal to the percentage general wage increase being provided to the City’s miscellaneous represented employees.

BACKGROUND: Karena Shackelford has been employed by the City of Fremont as City Manager since 2021. The City entered into an employment agreement with Ms. Shackelford on October 20, 2021, and that agreement provides that the City Council may grant Ms. Shackelford periodic cost of living wage increases. The Mayor now desires to provide Ms. Shackelford with a five percent cost of living wage increase commensurate with the negotiated wage increase provided to all other miscellaneous employees in association with the City’s recently concluded labor negotiations.

Ms. Shackelford currently receives an annual salary of $351,550 and a bi-weekly salary of $13,521. If this recommended cost of living wage increase is approved, Ms. Shackelford’s new annual salary will be $369,128 or $14,197 bi-weekly.

FISCAL IMPACT: The annual cost of the recommended five percent cost of living wage increase will be $17,578 (approximately $18,400 total compensation) and will be absorbed by the general fund.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS:
• Draft Resolution City Manager First Amendment to Employment Agreement

RECOMMENDATION: Adopt a Resolution authorizing the Mayor to execute the First Amendment to the City Manager’s employment agreement to provide a five percent cost of living wage increase.

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Resolution 2022-XX Page 1 of 1

DRAFT

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING A FIRST AMENDMENT TO THE EMPLOYMENT

AGREEMENT WITH THE CITY MANAGER

WHEREAS, the City Council of the City of Fremont entered into an Employment Agreement with City Manager Karena McGee Shackelford on October 20, 2021; and

WHEREAS, the City Council now desires to amend the Employment Agreement to provide the City Manager a cost of livi ng wage increase in the amount of five percent ( 5%), commensurate with the wage increase provided to management employees in FY 2022/2023, as set forth in the Memorandum of Understanding between the City and the Fremont Association of Management Employees.

NOW, THEREFORE, BE IT RESOLVE D that the City Council of the City of Fremont authorizes the Mayor to execute the First Amendment to the Employment Agreement with the City Manager to provide a cost of living wage increase in the amount of five percent (5%), in a form to be approved by the City Attorney.

ADOPTED _____________, by the City Council of the City of Fremont, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution City Manager First Amendment to Employment Agreement (4673 : FIRST AMENDMENT TO THE CITY MANAGER Fremont City Council Meeting: 07/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4660) DOC ID: 4660
Updated: 7/8/2022 8:09 AM by Susan Gauthier Page 1
DRAFT 2023-2031 HOUSING ELEMENT – Public Hearing (Published Notice) to Provide Input on a Draft of Fremont’s 2023-2031 Housing Element Update, An Eight-Year Plan to Meet the Housing Needs of Everyone in the Community.

Contact Persons:

Name: Wayland Li Joel Pullen
Title: Principal Planner Planning Manager
Div/Dept: Planning Planning
Phone: 510-494-4453 510-494-4436
E-Mail: [email protected] [email protected]

Executive Summary: Under State law, all local governments in California are required to adequately plan to meet the housing needs of everyone in the community by adopting a Housing Element as part of their General Plan. State law also requires that local governments update their Housing Element every eight years to periodically address the changing housing needs of their communities, establish an action plan, and report on progress toward meeting their goals. All local jurisdictions in the Bay Area, including the City of Fremont, are currently updating their Housing Elements for the upcoming 2023-2031 planning period.

Staff has prepared a draft Housing Element for public review. The purpose of this report is to provide the City Council with an overview and solicit comments and feedback to be incorporated into the draft document. Following incorporation of City Council and public comments, the draft Housing Element will be submitted to the California Department of Housing and Community Development (HCD) for an initial review. After receiving comments back from HCD, staff will prepare a revised public draft for City Council review and adoption.

BACKGROUND:

Update Process: The preparation of a Housing Element is driven by specific statutory requirements under State law. Pursuant to California Government Code Sections 65580- 65589.8, all local jurisdictions in California are required to update the Housing Element of their General Plans every eight years. For Bay Area jurisdictions, Housing Elements must be adopted by the start of the 2023-2031 planning period in January 2023. An adopted Housing Element must then be submitted to HCD to certify that the document meets all requirements under state law.

Fremont has made a draft Housing Element available for public review consistent with Assembly Bill (AB) 215 (2021), which requires local governments to make the first draft available for public comment for at least 30 days and take at least ten additional business days to consider and incorporate public comments into the draft revision before submitting to HCD. HCD will then review the draft and provide written findings within 90 days. After receiving comments back from HCD, staff will prepare a second draft for City Council’s consideration.

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Staff Report (ID # 4660) Meeting of July 12, 2022
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Facilitating Public Participation: In preparing the 2023-2031 Housing Element, staff is striving to facilitate meaningful public participation from all segments of the community, particularly those with special housing needs. Staff will continue public engagement efforts until the Housing Element is adopted and certified. The current draft of the Housing Element has been informed by the public engagement process so far, as summarized below.

• Council, Board, and Commission. Staff visited City Boards and Commissions, as well as City Council, to present an “Introduction to the Housing Element Update” presentation. At each meeting, the City solicited input and recommendations from Board and Commission members, as well as public commenters.

o Fremont Unified School District/City Council Liaison Committee (February 7, 2022)
o Human Relations Commission (February 28, 2022)
o CDBG Advisory Committee (March 16, 2022)
o Planning Commission (March 24, 2022)
o Senior Citizens Commission (March 25, 2022)
o Youth Advisory Commission (April 4, 2022)
o City Council (April 5, 2022)
o Recreation Commission (May 3, 2022)

• Outreach to Lower-Income Residents. Recognizing that lower-income residents may have limited accessibility to Board and Commission meetings due to schedules, language barriers, and technology issues, staff brought community outreach directly to residents. Specifically, staff held separate listening session events at homeless shelters and affordable housing developments:

o Listening Session at Sunrise Village Shelter. Sunrise Village is a homeless shelter for families with children and individuals in South Fremont. Staff visited Sunrise Village on May 18, 2022 to provide residents with an introduction to the Housing Element Update and hear their feedback on affordable housing and homelessness priorities. The session was conducted concurrent with evening childcare activities at the shelter so that parents could attend.

o Listening Session at Pauline Weaver Senior Apartments. Pauline Weaver Apartments is an affordable housing development for seniors in South Fremont.

Staff visited the complex on May 2, 2022 to provide residents with an introduction to the Housing Element Update process. Staff returned on May 23, 2022 to conduct a listening session to hear residents’ feedback and input regarding affordable housing development in the City.

o Listening Session at Cottonwood Place. Cottonwood Place is an affordable housing development for seniors in Centerville. Staff visited Cottonwood Place on May 4, 2022 to provide residents with an introduction to the Housing Element Update process. Staff returned on May 25, 2022 to conduct a listening session to hear residents’ feedback and input regarding affordable housing development in the City.

o Listening Session at Oak Gardens. Oak Gardens is an affordable housing development for seniors, with services intended for seniors who are Deaf and/or

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Staff Report (ID # 4660) Meeting of July 12, 2022
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hard of hearing. On June 21, 2022, staff visited Oak Gardens to provide residents with an introduction to the Housing Element Update process. The event was conducted in both English and American Sign Language (ASL).

• Additional Outreach Efforts.

o Project Team Office Hours. Throughout the update process, the Housing Element project team has offered residents the opportunity to sign up for 30-minute one- on-one conversations to discuss the Housing Element update.

o Housing Element Workshop Event. The City partnered with Fremont For Everyone (FFE), Abode Services, and California YIMBY to host an educational event about the Housing Element update on April 27, 2022.

o Fremont Street Eats Table. Fremont Street Eats is a popular weekly food truck event held by the Fremont Chamber of Commerce every Friday from May through October. On May 13, 2022, staff had a booth at Street Eats to engage residents in the Housing Element update process. Staff shared a poster about the Housing Element update and spoke with interested residents.

o Alameda County Assessor’s Office Homeowner Resource Fair. On May 25, 2022, the city provided a venue for a tri-city Homeowner Resource Fair, which was focused on how homeowners could add an Accessory Dwelling Unit (ADU) to their property. In addition to co-presenting ADU information, staff shared a poster about the Housing Element update while tabling and spoke with interested residents.

o Developer Panel. On November 29, 2021, City staff, in partnership with the Alameda County Housing Collaborative, held a developer panel featuring both market-rate and affordable housing developers. Developers spoke about policies and programs that they felt were most effective at stimulating housing production.

o Community-Based Organizations Panel. On April 25, 2022, City staff, in partnership with the Alameda County Housing Element Collaborative, held a panel with representatives from seven local-community-based organizations (CBOs) with a focus on fair housing issues.

PROJECT ANALYSIS:

Draft Housing Element:

Under State law, a Housing Element must contain several mandatory components, as summarized in the graphic below.

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Key points regarding each of those components are discussed below.

• Evaluation of Previous Housing Element. A Housing Element must review the outcomes of the previous element’s goals, objectives, policies, and programs to identify major accomplishments and identify areas in which the City faced challenges that resulted in falling short of stated goals. Notable accomplishments from the previous Housing Element include:

o Facilitated development of affordable housing. The City updated its Affordable Housing Ordinance, lowered impact fees on affordable housing by almost 50%, adopted a Commercial Linkage Fee, and facilitated the construction of multiple affordable housing developments including:

▪ Laguna Commons: 64 units
▪ Stevenson Place: 80 units
▪ Innovia: 287 units
▪ Pauline Weaver Senior Apartments: 89 units
▪ Fairfield Apartments: 102 units
▪ Central Commons: 19 units
▪ Metro Crossing A1 and A2: 130 units
▪ City Center Apartments: 59 units
▪ Granite Ridge Apartments: 72 units
▪ Doug Ford Senior Apartments: 60 units

Even with strong affordable housing efforts, Fremont fell short of affordable housing production targets during the 2015-2023 planning period, and additional measures will be needed to meet affordable and market rate production targets during the 2023-2031 planning period.

o Provided Shelter services to homeless in need. The City offers a diversity of effective shelter programs, each tailored to a different need. Key accomplishments include:

▪ Transitioned the Winter Warming Center into a Winter Shelter to provide overnight shelter to unhoused residents.

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▪ Adopted ordinances allowing faith-based organizations to establish temporary shelters and safe-parking sites at existing
religious facilities.
▪ Facilitated the expansion of the Bay Area Community Services Wellness Center into a Homeless Wellness Center to provide housing placement and dignity services.
▪ Adopted a Shelter Crisis Resolution, which better positions the City to receive State funds to address homelessness and provides greater flexibility in prescribing standards of housing, health and safety when necessary to expedite the use facilities for shelter.
▪ Established the Housing Navigation Center, which has 45 shelter beds and supportive services, providing clients with shelter. ▪ Transitioned the Winter Shelter program into a non-congregate hotel voucher program in Winter 2021-22, in response to the
COVID 19 pandemic.

• Housing Needs Assessment. A Housing Element is required to summarize and analyze the general demographic characteristics, housing stock and economic conditions in Fremont. Understanding existing conditions is essential for crafting effective housing policies and actions. Notable findings from the Housing Needs Assessment include:

o Fremont is part of a growing region. From 2000 to 2020, the Bay Area’s population grew by 14.8%. Fremont’s population growth during that period slightly outpaced the region at 15.1%. Plan Bay Area 2050 forecasts that the Bay Area will add 1.4 million new households, for a total of 4 million households, between 2015 and 2050.

o Fremont is a community that has become increasingly unaffordable. Since 2001, the typical home value has increased 171.8% in Fremont from $434,160 to $1,180,200. Since 2009, the median rent has increased by

64.0% in Fremont, from $1,550 to $2,210 per month.

• Constraints Analysis. The Housing Element must identify and analyze potential and actual governmental and nongovernmental constraints to the maintenance, improvement, or development of housing for all income in the community. Notable findings from the constraints analysis include:

o Community concern regarding housing growth. In a 2018 community-wide survey conducted by FM3 Research, 65% of Fremont residents felt that the rate of growth and development in Fremont was “too fast”. A negative perception of growth can fuel community opposition to specific development proposals, which can be a constraint to housing. Although a majority of residents felt that the rate of growth was “too fast”, a vast majority of residents also responded that the cost of housing was an extremely serious/very serious issue (84%), and traffic congestion was an extremely serious/very serious issue (86%). Connecting new housing to solutions for affordability and traffic congestion will be an important part of the 2023-2031 Housing Element.

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• Affirmatively Furthering Fair Housing (AFFH). AB 686, passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing as part of the Housing Element Update process. These requirements are intended to address racial inequalities seen today throughout the Bay Area which developed through historical policies and practices enacted at federal, state, regional and local levels and across the public and private sectors. To affirmatively further fair housing, communities are required to increase housing opportunities in high resource neighborhoods and bring additional resources to traditionally under-resourced neighborhoods. Several findings from the AFFH analysis are provided below:

o While Fremont has more moderate- and high-income earners than average in the region, the city is not exclusively affluent. Fremont does not contain any neighborhoods with more than 75% lower and moderate-income (LMI) residents; however, it does contain tracts with a majority (50%-75%) of LMI residents. Within Fremont, LMI households tend to live within transit-oriented neighborhoods that have many rental housing units. High-income households live in neighborhoods further from transit with a high percentage of owner- occupied dwellings. ADUs may be one method of increasing affordable housing opportunities in income-exclusive neighborhoods in the City.

o Within the Bay Area, Fremont is a high-resource community, meaning that it has high-quality schools, thriving industries, and healthy environmental conditions so that lower-income residents who live in Fremont have better life outcomes than in other places in the Bay Area. The highest resource areas are also those with the highest median incomes and lowest proportion of the lower-income and moderate-income population.

• Sites Inventory. State law requires local governments to prepare an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and reconcile that capacity with the community’s Regional Housing Needs Allocation (RHNA) – the share of the regional housing need assigned to each jurisdiction. Fremont’s RHNA for the 2023-2031 planning period is summarized below.

2023-2031 Regional Housing Needs Allocation for Fremont Income Group Units Percent
Very Low-Income Units (0-50% AMI) 3,640 28.2%
Low-Income Units (50-80% AMI) 2,096 16.3%
Moderate-Income Units (80-120% AMI) 1,996 15.5%
Above Moderate-Income Units (120+% AMI) 5,165 40.0%
Total Units 12,897 100.0%

Based on a combination of pipeline development projects, ADU projections, and zoning capacity on vacant and underutilized sites, staff’s assessment is that sufficient existing capacity exists to meet the City’s RHNA targets. When HCD reviews the draft Housing Element, they will review the city’s inventory and determine whether this assessment is correct. If HCD concurs, no rezoning of land will be required to meet the City’s site inventory requirements in this Housing Element cycle.

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The “no net loss” provisions of SB 166 (2017) requires that an adequate supply of land resources for housing development exists throughout the duration of the 2023- 2031 planning period. This means if housing sites identified within the city’s Housing Element are developed with non-residential uses, lower residential densities, or residential uses at affordability levels higher than anticipated by the Housing Element, the Housing Element could be determined to be out of compliance. To address no net loss requirements, a buffer above base RHNA requirements is included in the sites inventory to provide some leeway for continued compliance with SB 166 during the planning period.

Vacant parcels utilized in the past two housing element cycles and non-vacant parcels from the last housing element cycle can be reused in this housing element cycle to accommodate lower-income housing, but state law now requires by-right approval of housing on these sites when at least 20 percent of the units are made affordable to lower-income households. A program is included in the draft Housing Element to create an overlay zone implementing this requirement.

• Policies and Programs. The draft Housing Element includes a set of goals, policies, and implementing programs intended to promote the preservation, rehabilitation, and production of housing throughout Fremont. As mentioned in the “Evaluation of Previous Housing Element” discussion, Fremont is a leader in promoting affordable housing in the region and has established a strong existing policy foundation for the 2023-2031 Housing Element. Nevertheless, additional policies and programs are proposed to further the City’s housing goals, including the following:

o Develop and Refine Objective Design Standards Consistent with State Law to Provide a Predictable Basis to Review Housing Projects. The City shall revise existing design guidelines to encourage the highest level of design quality, while at the same time reducing delays and uncertainty for developers by providing clear direction on the required standards.

o Amend Regulations to Facilitate Production of ADUs. The City shall amend the zoning ordinance to facilitate the production of ADUs, including removal of unnecessary aesthetics-based standards for rear yard ADUs that will not be easily viewable from the public right of way, and elimination of minimum size requirements to allow for innovative and efficient ADU designs.

o Housing Education Campaign. Develop an awareness campaign to bolster community support for affordable housing and increase awareness of the benefits and need for providing housing within the community. This campaign could include a central website dedicated to all housing-related information from the City; social media content about housing needs, challenges, and resources; informational interviews for reporters with staff who work on housing challenges and programs; and demonstration projects that exhibit how proposed solutions can work in various settings.

o Further Reduce Parking Requirements in Transit-Oriented Development (TOD) Areas. The City shall amend the zoning ordinance to further reduce parking requirements within the TOD overlay district. The City shall study the

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feasibility of eliminating all residential parking minimums in TODs or eliminating minimums for small units and affordable units.

o By Right Approval of Projects with 20% Affordable Units. Pursuant to AB 1397, the City shall amend the zoning ordinance to require by-right approval of housing development that includes 20 percent of the units as housing affordable to lower-income households, on sites being used to meet the 6th cycle RHNA that represent a “reuse” of sites previously identified in the 4th and 5th cycles.

o Facilitate Hotel Acquisition/Rehabilitation. In the current economic climate, conversion of hotels and motels into affordable housing has been more feasible than conversion of existing market-rate apartments. In the past planning cycle, the City provided funding for the planned conversion of the Islander Motel into an affordable housing complex. The City is also pursuing funding through the State of California’s Homekey program to purchase existing motel and convert it into permanent supportive housing for formerly unhoused individuals. The City shall continue to look for opportunities to convert underperforming hotel properties into permanent affordable housing.

o Objective Design Standards for Historic Homes. The City promotes preservation of historic resources through a program that screens possible historic resources when projects come in for alteration or demolition. There have been several successful large residential projects in the City that incorporate historic resources and allow them to be adapted into modern housing. Additionally, the City has received much interest from homeowners of individual historic homes in adding an ADU consistent with the City’s adopted objective design standards for ADUs on historic properties. In order to reduce the processing time and uncertainty for applications involving historic resources, the City will develop a set of objective design standards for the review of projects involving historic homes.

o Set Density Minimums Outside of Transit-Oriented Development (TOD) Areas.

In order to ensure that inventory sites with a mixed-use zoning district have housing production consistent with the City’s projections, the City shall establish a density floor for mixed use development in MX and non-TOD commercial districts that allow mixed use development.

o Update Mixed-Use Zoning Standards. Developers have expressed that ground-floor retail requirements require substantial subsidy in order to construct. The City’s current mixed-use standards are difficult to understand and apply to non-standard sites. The City shall update the mixed-use standards to enhance clarity and promote thriving retail corridors that are feasible to develop. The update shall be consistent with SB 330 in that it shall not reduce the density or intensity of residential development permitted on mixed-use sites.

o Short Term Rental Ordinance. The City does not currently have an ordinance in place specifically for the regulation of short-term rental units. Based on current estimates, there are more than 300 short term rental units active in

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the City. Some of these units are full homes or apartments for rent, which removes units from the long-term housing rental market. Others consist of portions of units that are occupied by an owner or tenant. The City shall implement a short-term rental ordinance that discourages or disallows short- term rentals that remove housing units from the market. The City shall also consider a program to promote the conversion of short-term rentals into long- term rental housing options, like ADUs.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: Pursuant to the requirements of the California Environmental Quality Act (CEQA), preparation of a draft Housing Element and submitting to HCD for review is exempt from CEQA pursuant to CEQA Guidelines Section 15262, as the project involves only feasibility or planning studies for possible future actions which have not been approved or adopted. The City will prepare the necessary environmental review, consistent with CEQA, for future adoption of the 2023–2031 Housing Element Update.

LINKS: Link to Draft Housing Element: www.fremont.gov/housingelement

RECOMMENDATION: Review, conduct a public hearing, and provide comments on draft 2023-2031 Housing Element.

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Fremont City Council Meeting: 07/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4487) DOC ID: 4487
Updated: 7/7/2022 11:47 AM by Alberto Quintanilla Page 1

ADJUSTMENTS TO THE SALARIES OF THE MAYOR AND COUNCIL MEMBERS - Introduce an Ordinance Amending the Fremont Municipal Code Section 2.05.060 and Authorizing a Salary Increase for the Mayor and Council Members Contact Persons:

Name: David Persselin Brian Stott
Title: Finance Director Assistant City Manager
Div/Dept: Finance Department City Manager's Office
Phone: 510-494-4631 510-494-4660
E-Mail: [email protected] [email protected]

Executive Summary: Fremont Municipal Code Section 2.05.060 (the “Municipal Code”) specifies the salaries of the Councilmembers and Mayor and establishes a process for reviewing and implementing compensation increases.

This report provides information supporting a salary increase for the new City Council that will be seated following the November 8, 2022 election.

BACKGROUND: The Municipal Code specifies the salaries of the Councilmembers and Mayor and establishes a process for reviewing and implementing compensation increases:

“Compensation increases shall be reviewed during each budget cycle and increases shall be considered commensurate with the Consumer Price Index – All Urban Consumers, San Francisco-Oakland-Hayward in an amount not to exceed 4%. Any increase to the Councilmembers’ salaries shall become effective only upon commencement of a new Council term of office following adoption of an ordinance authorizing the increase. Any increase to the Mayor’s additional compensation (the amount that exceeds the Councilmembers’ salary amount) shall become effective as set forth in the ordinance adopting the increase.”

On June 12, 2018, the City Council adopted an ordinance amending the Municipal Code to increase compensation to the current level of $2,247.93 per month for Councilmembers and $3,993.78 per month for the Mayor. The current salaries for the Councilmembers and Mayor became effective upon seating of the Councilmembers elected on November 6, 2018.

The next increase would have become effective upon seating of the Councilmembers elected on November 3, 2020. However, no compensation increase was recommended due to the FY 2020/21 budget balancing actions taken to address the fiscal impact of the coronavirus pandemic.

As the City Council has now adopted the FY 2022/23 operating budget and a new City Council will be seated following the November 8, 2022 election, it is appropriate at this time to consider adoption of an ordinance amending the Municipal Code to increase salaries for the Councilmembers and Mayor.

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Updated: 7/7/2022 11:47 AM by Alberto Quintanilla Page 2 DISCUSSION/ANALYSIS: Based on the most recent information from the U.S. Bureau of Labor Statistics, the Consumer Price Index – All Urban Consumers, San Francisco-Oakland- Hayward, has increased from December 2020 through April 2022 at an annualized rate of

5.43%. This annualized rate exceeds the 4% limit specified in the Municipal Code.

Applying the maximum allowable annualized rate of 4% over the two-year period from December 2020 to December 2022 would result in the Councilmembers’ salaries increasing from $2,247.93 per month to $2,427.76 per month and the Mayor’s salary increasing from $3,993.78 per month to $4,313.28 per month.

This annualized rate does not exceed the 4% limit specified in the Municipal Code and is consistent with California Government Code section 36516, which provides for salary increases in an amount not to exceed five percent per calendar year since the last adjustment of salary.

FISCAL IMPACT: Salary increases would become effective upon the seating of the newly elected City Council in December 2022. The cost of the increased salaries would total approximately $9,790 in FY 2022/23. If approved, staff will make appropriate adjustments to incorporate these changes into the FY 2022/23 General Fund operating budget.

ENVIRONMENTAL REVIEW: None.

ATTACHMENTS:
• Draft Ordinance Mayor and Council Compensation Increase

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Ordinance No. XX- 2022 Page 1 of 2 DRAFT
ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FREMONT AMENDING FREMONT MUNICIPAL CODE SECTION

2.05.060 (COMPENSATION OF MAYOR AND COUNCILMEMBERS)

TO ADJUST THE SALARIES OF THE MAYOR AND COUNCIL

MEMBERS

The City Council of the City of Fremont does ordain as follows:

SECTION 1. FREMONT MUNICIPAL CODE SECTION 2.05.060.

The Fremont Municipal Code Section 2.05.060 is amended to read as follows:

Sec. 2.05.060. Compensation of mayor and councilmembers.

(a) Each member of the council other than the mayor shall receive a salary of $2,247.93 $2,427.76 per month.

(b) The mayor shall receive a salary of $3,993.78 $4,313.28 per month.

(c) Compensation increases shall be reviewed during each budget cycle and increases shall be considered commensurate with the Consumer Price Index - All Urban Consumers, San Francisco-Oakland-Hayward Metropolitan Area in an amount not to exceed 4%. Any increase to the councilmembers’ salaries shall become effective only upon commencement of a new council term of office following adoption of an ordinance authorizing the increase. Any increase to the mayor’s additional compensation (the amount that exceeds the councilmembers’ salary amount) shall become effective as set forth in the ordinance adopting the increase.

SECTION 2. EFFECTIVE DATE.

The Ordinance shall take effect on November 8, 2022, and the salary increases authorized herein shall commence on the start of the new City Council term of office following the November 8, 2022 election.

SECTION 3. PUBLICATION AND POSTING.

The City Clerk shall publish this ordinance once in a newspaper of general circulation within Alameda County and circulated in the City of Fremont, within fifteen (15) days after its adoption and shall take effect and be enforced after the new City Council is seated following the election of November 8, 2022.

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Attachment: Draft Ordinance Mayor and Council Compensation Increase (4487 : SALARY INCREASE FOR THE MAYOR AND COUNCIL Ordinance No. XX- 2022 Page 2 of 2 The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the _____day of ________________ and adopted at a regular meeting of the City Council held on the _____ day of __________________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Ordinance Mayor and Council Compensation Increase (4487 : SALARY INCREASE FOR THE MAYOR AND COUNCIL

Fremont City CouncilJuly 12, 2022

Fremont City Council
July 12, 2022