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Agenda packet, first session

Fremont City Council
September 13, 2022

Document
Agenda packet, first session
Meeting
September 13, 2022
Body
Fremont City Council
Pages
2
Original file
1.3 MB
Text extracted from the city's file for reading and search. Open the original on fremontcityca.iqm2.com. That file is the official record.

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Teresa Keng, Vice Mayor
Rick Jones, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5
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, Assistant to the City Manager
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
September 13, 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
September 13, 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 - September 13, 2022

September 13, 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: 865 7136 7677. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/86571367677
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.

September 13, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
September 13, 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. UPDATE OF CONFLICT OF INTEREST CODE - Adopt a Resolution Updating the Conflict of Interest Code for the City of Fremont
Contact Persons:

Name: Susan Gauthier Christina Briggs
Title: City Clerk Assistant City Manager
Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution amending Fremont’s Conflict Of Interest Code as it relates to the Form 700 designated positions and the disclosure categories.

September 13, 2022 Fremont City Council Page 4

3. Ceremonial Items
A. Proclamation: Hispanic and Latino Heritage Month

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

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items - None.

6. Report from City Attorney - None.

7. Other Business
A. REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES - Adoption of a Resolution to Approve the Revised City Council Handbook of Rules and Procedures
Contact Persons:

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

RECOMMENDATION: That the City Council adopt a resolution amending the City Council Handbook of Rules and Procedures.

8. Council Communications
A. Council Referrals - None.

B. Oral Reports on Meetings

9. Adjournment
September 13, 2022 Fremont City Council Page 5

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

September 13, 2022 Fremont City Council Page 6

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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 CC/FUSD Liaison Committee
Meeting *CANCELLED*
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
FUSD
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 29, 2022 No 7PM City Council Meeting
(5th Tuesday)
December 6, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 13, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 20, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 27, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live

Fremont City Council Meeting: 09/13/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4647) DOC ID: 4647
Updated: 9/9/2022 10:02 AM by Alberto Quintanilla Page 1 UPDATE OF CONFLICT OF INTEREST CODE - Adopt a Resolution Updating the Conflict of Interest Code for the City of Fremont
Contact Persons:

Name: Susan Gauthier Christina Briggs
Title: City Clerk Assistant City Manager
Div/Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-284-4022
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to request that the City Council adopt a resolution amending Fremont’s Conflict of Interest Code as it relates to the positions designated to fill out the Form 700.

BACKGROUND: The Political Reform Act of 1974 requires that cities and other local agencies adopt local Conflict of Interest Codes. Fremont has had such a code in effect since the 1970s. Fremont’s Code requires disclosure of financial interests of certain employees, consultants and members of boards and commissions if these persons are likely to be involved in decision-making that could affect their own financial interests.

All public employees must comply with the State’s general conflict of interest laws by abstaining from influencing or making decisions that would affect their own financial interests. Additionally, employees who hold positions designated in the City’s Conflict of Interest Code must disclose specified types of financial interests on annual financial disclosure statements that are filed with the City Clerk.

DISCUSSION/ANALYSIS: The City Council last amended the Fremont Conflict of Interest Code on September 8, 2020. State law requires every local governmental agency to periodically review its Conflict of Interest Code to determine whether it is accurate and up - to-date. Updates do not change the basic conflict of interest abstention rules. These rules reflect State law. However, changes in City staff organizational structure and responsibilities require that the designated position list and disclosure categories be updated as indicated below.

Council is being asked to approve the following two documents:

1. List of Designated Positions: The list of designated positions is part of the City’s Code and designates which employees must file annual financial disclosure statements. For each designated position, the list establishes the categories of financial interests for which disclosure must be made. Requirements for disclosure differ from job to job in accordance with the kinds of financial interests that might be affected by an officer’s or employee’s decision making. For example, the disclosure category for Fleet Maintenance Manager is narrowly drawn to require disclosure only of financial interests in automotive, automotive facility, or construction equipment, material, supplies or services companies. The Planning Manager, by contrast, must make a very broad disclosure, which includes sources of income, investments, and

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Staff Report (ID # 4647) Meeting of September 13, 2022 Updated: 9/9/2022 10:02 AM by Alberto Quintanilla Page 2 interests in real property. A copy of the proposed list of designated positions, reflecting changes since the last revision, is enclosed.

2. Disclosure Categories: The disclosure categories establish the types of financial disclosure that must be made for each position and the Fair Political Practices Commission (“FPPC”) forms that must be completed by the employee. A copy of the list of disclosure categories is enclosed.

Both documents will be incorporated into the resolution to be adopted by the City Council.

ATTACHMENTS:
• DRAFT RESOLUTION - Amending Conflict of Interest Code • DRAFT - Designated Positions_Appendix
• DRAFT - Disclosure Categories_Appendix

RECOMMENDATION: Adopt a resolution amending Fremont’s Conflict Of Interest Code as it relates to the Form 700 designated positions and the disclosure categories.

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Page 1 of 2 ends

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT AMENDING THE CITY ’S CONFLICT OF INTEREST

CODE FOR DESIGNATED EMPLOYEES, CONSULTANTS AND

COMMISSIONS OF THE CITY OF FREMONT

WHEREAS, provisions of the Political Reform Act, Government Code Section 87300, et seq., require local government agencies to adopt and promulgate conflict of interest codes; and

WHEREAS, the Fair Political Practices Commission has adopted a regulation, Title 2 California Code of Regulations Section 18730, which contains the terms of a model conflict of interest code which meets the requirements of the Political Reform Act; and

WHEREAS, Title 2 California Code of Regulations Section 18730 has been incorporated by reference into the City’s Conflict of Interest Code; and

WHEREAS, the City’s Conflict of Interest Code includes, in addition to Title 2 California Code of Regulations Section 18730, appendices of designated positions and disclosure categories; and

WHEREAS, said appendices of designated positions and disclosure categories have been reviewed, and this review has disclosed that they should be amended to reflect current conditions.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:

SECTION 1. The terms of Title 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission shall, along with the appendices of designated positions and disclosure categories which are attached hereto as Attachments 1 and 2 and which are incorporated herein by reference, in which members, employees, and consultants are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Fremont.

//

//

//

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Attachment: DRAFT RESOLUTION - Amending Conflict of Interest Code (4647 : UPDATE OF CONFLICT OF INTEREST CODE 2022 (Biennial

Page 2 of 2 ends

SECTION 2. All designated members, employees, and consultants of the City of Fremont set forth on the attached appendix of designated positions shall file statements of economic interest with the City Clerk of the City of Fremont.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor
ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney

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Attachment: DRAFT RESOLUTION - Amending Conflict of Interest Code (4647 : UPDATE OF CONFLICT OF INTEREST CODE 2022 (Biennial

ATTACHMENT 1

APPENDIX

DESIGNATED POSITIONS
(City Council last adopted on September 8, 2020)

Positions Disclosure Categories

CITY ATTORNEY
Assistant City Attorney 1, 2, 3
City Attorney *
Deputy City Attorney 1, 2, 3
Executive Assistant to the City Attorney 1, 2, 3
Law Office Supervisor 1, 2, 3
Risk Manager 1, 2, 3
Risk Management Technician 6
Safety Coordinator 6
Senior Deputy City Attorney II 1, 2, 3
Senior Deputy City Attorney 1, 2, 3

CITY CLERK
City Clerk 1, 2, 3
Assistant City Clerk 1, 2, 3

CITY MANAGER
Assistant City Manager 1, 2, 3
Assistant to the City Manager 1, 2, 3
City Manager *
Communications Manager 1, 2, 3
Communications and Legislative Affairs Director 1, 2, 3 Deputy City Manager 1, 2, 3
Management Analyst I / II 1, 2, 3
Management Fellow 1, 2, 3
Land Use Initiatives Manager 1, 2, 3

COMMUNITY DEVELOPMENT
Business Manager 1, 2, 3
Community Development Director 1, 2, 3
Community Development Deputy Director 1, 2, 3
Housing Project Manager 1, 2, 3
Management Analyst I / II 1, 2, 3
Sustainability Manager 1, 2, 3

Building Safety
Building Inspector I / II 1, 2, 3
Building Inspector Specialist 1, 2, 3
Formatted: Font: Italic

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Attachment: DRAFT - Designated Positions_Appendix (4647 : UPDATE OF CONFLICT OF INTEREST CODE 2022 (Biennial Update))

Building Official 1, 2, 3
Community Development Technician 1, 2, 3
Fire and Life Safety Plans Examiner 1, 2, 3
Permit Center Manager 1, 2, 3
Plan Check Manager 1, 2, 3
Plan Check Professional 1, 2, 3
Plans Examiner 1, 2, 3
Senior Building Inspector 1, 2, 3
Senior Community Development Technician 1, 2, 3
Supervising Building Inspector 1, 2, 3

Community Preservation
Code Enforcement Officer I / II 1, 2, 3
Community Preservation Manager 1, 2, 3
Senior Code Enforcement Officer 1, 2, 3

Planning
Assistant Planning Manager 1, 2, 3
Associate Planner 1, 2, 3
Associate Landscape Architect 1, 2, 3, 7(e), 7(i)
Landscape Architect/Designer I / II 1, 2, 3, 7(e), 7(i) Planner I / II 1, 2, 3
Planning Manager 1, 2, 3
Principal Planner 1, 2, 3
Senior Planner 1, 2, 3

COMMUNITY SERVICES
Associate Landscape Architect 1, 2, 3, 7(e), 7(i)
Business Manager 1, 2, 3
Code Enforcement Officer I / II 1, 2, 3
Community Services Director 1, 2, 3
Deputy Director of Community Services 1, 2, 3
Environmental Services Manager 1, 2, 3
Environmental Specialist I / II 1, 2, 3
Landscape Architect I / II 1, 2, 3, 7(e), 7(i)
Management Analyst I / II 1, 2, 3
Park Superintendent 1, 2, 3
Parks Planning and Design Manager 1, 2, 3
Parks/Urban Landscape Manager 1, 2, 3
Recreation Superintendent I / II 1, 2, 3
Senior Landscape Architect 1, 2, 3
Solid Waste Administrator 1, 2, 3
Water Park Manager 1, 2, 3

ECONOMIC DEVELOPMENT
Economic Development Coordinator 1, 2, 3
Economic Development Director 1, 2, 3
Economic Development Manager 1, 2, 3

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Attachment: DRAFT - Designated Positions_Appendix (4647 : UPDATE OF CONFLICT OF INTEREST CODE 2022 (Biennial Update))

Economic Development Specialist 1, 2, 3

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Attachment: DRAFT - Designated Positions_Appendix (4647 : UPDATE OF CONFLICT OF INTEREST CODE 2022 (Biennial Update))

FINANCE
Buyer 2, 3
Deputy Finance Director 2, 3
Finance Director *
Finance Operations Manager 2, 3
Purchasing Services Manager 2, 3
Revenue Operations Supervisor 2, 3

FIRE ADMINISTRATION
Battalion Chief 2, 3
Business Manager 1, 2, 3
Clinical Nurse Educator 2, 3
Deputy Fire Chief 1, 2, 3
Deputy Fire Marshal 1, 2, 3
Emergency Services Manager 1, 2, 3
Fire Chief 1, 2, 3
Fire Division Chief 1, 2, 3
Fire Marshal 1, 2, 3
Fire Prevention Inspector 1, 2, 3
Firefighter (Assigned to Prevention) 1, 2, 3
Fire Engineer (Assigned to Prevention) 1, 2, 3
Fire Captain (Assigned to Prevention) 1, 2, 3
Fire Captain (Assigned to Training & EMS) 2, 3
Hazardous Materials Inspector 1, 2, 3
Hazardous Materials Program Manager 1, 2, 3
Management Analyst I / II 1, 2, 3
Public Affairs Manager 1, 2, 3
Senior Fire Prevention Inspector 1, 2, 3
Senior Hazardous Materials Inspector 1, 2, 3

HUMAN RESOURCES
Deputy Director of Human Resources 1, 2, 3
Human Resources Analyst I / II / III 7(k)
Human Resources Director 1, 2, 3
Human Resources Manager 7(k)

HUMAN SERVICES ADMINISTRATION
Family Services Administrator 1, 2, 3
CDBG Administrator 1, 2, 3
Clinical Supervisor 1, 2, 3
Deputy Director of Human Services 1, 2, 3
Human Services Development Officer 1, 2, 3
Family Resource Center Administrator 1, 2, 3
Homeless Services Manager 1, 2, 3
Human Services Director 1, 2, 3
Management Analyst I / II 1, 2, 3
Senior Center Manager 1, 2, 3
Formatted: Font: 12 pt
Formatted: Font: 12 pt

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Attachment: DRAFT - Designated Positions_Appendix (4647 : UPDATE OF CONFLICT OF INTEREST CODE 2022 (Biennial Update))

Family Services Administrator 1, 2, 3

INFORMATION TECHNOLOGY SERVICES
Business Systems Manager 2, 3
GIS Manager 2, 3
Information Technology Manager 2, 3
IT Services Director 2, 3
Information Technology Security Manager 2, 3
Infrastructure Services Manager 2, 3
Management Analyst I / II 1, 2. 3
Network Engineer 2, 3
Senior Systems Analyst/Programmer 2, 3
Systems Analyst/Programmer 2, 3

POLICE DEPARTMENT
Animal Services Manager 1, 2, 3,7(c)
Business Manager 1, 2, 3
Criminal Intelligence & Analysis Manager 1, 2, 3
Management Analyst I / II 1, 2, 3
Police Captain 1, 2, 3
Police Chief 1, 2, 3
Police Deputy Chief 1, 2, 3
Police Lieutenant (Assigned to Public Health Order Compliance) 1, 2, 3 Police Lieutenant (Professional Standards & Accountability) 1, 2, 3 Police Sergeant (Assigned to Internal Affairs) 1, 2, 3
Police Sergeant (Assigned as Special Investigator to the Chief) 1, 2, 3 Public Affairs Manager 1, 2, 3
Public Safety Communications Manager 1, 2, 3
Police Records Administrator 1, 2, 3
Police Officer (Assigned as Special Investigator to the Chief) 1, 2, 3

PUBLIC WORKS

Administration
Business Manager 1, 2, 3
Management Analyst I / II 2, 3
Public Works Director 1, 2, 3

Maintenance Services
Building Maintenance Manager 1, 3, 7(g)
Deputy Director, Maintenance & Business Operations 1, 2, 3 Fleet Maintenance Manager 7(d)
Management Analyst I / II (Environmental Compliance) 1, 2, 3 Management Analyst I / II (Maintenance Services) 1, 2, 3 Street Maintenance Manager 1, 3, 7(f)

Engineering
Assistant City Engineer 1, 2, 3
Formatted: Font: 11.5 pt
Formatted: Font: 11.5 pt

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Attachment: DRAFT - Designated Positions_Appendix (4647 : UPDATE OF CONFLICT OF INTEREST CODE 2022 (Biennial Update))

Associate Civil Engineer 1, 2, 3
Associate Transportation Engineer 1, 2, 3
City Engineer 1, 2, 3
City Land Surveyor 1, 2, 3
Engineer I / II (Civil) 1, 2, 3
Senior Construction Inspector 7(f), 7(i)
Construction Materials Inspector 7(f), 7(i)
Engineering Tech I/II 1, 2, 3
Facilities and Real Property Manager 1, 2, 3
Facilities Design/Construction Project Supervisor I / II / III 1, 2, 3 Principal Civil Engineer 1, 2, 3
Principal Transportation Engineer 1, 2, 3
Real Property Agent 1, 2, 3
Senior Civil Engineer 1, 2, 3
Senior Transportation Engineer 1, 2, 3
Supervising Construction Coordinator 7(f), 7(i)
Engineer I / II Transportation 1, 2, 3

MAYOR AND CITY COUNCIL MEMBERS *

HISTORICAL ARCHITECTURAL REVIEW
BOARD MEMBERS 1, 2, 3

PLANNING COMMISSION MEMBERS *

RECREATION COMMISSION MEMBERS 1, 2, 3

* NOTE: Members of the City Council, Planning Commission, the City Manager, City Attorney and Finance Director/Treasurer have filing requirements imposed by State Law rather than by local enactment. Government Code Section 87200

CITY CONSULTANTS

Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category (1, 2, 3) in the code subject to the following limitation:

The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as others under this code.

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Attachment: DRAFT - Designated Positions_Appendix (4647 : UPDATE OF CONFLICT OF INTEREST CODE 2022 (Biennial Update))

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Attachment: DRAFT - Designated Positions_Appendix (4647 : UPDATE OF CONFLICT OF INTEREST CODE 2022 (Biennial Update))

APPENDIX

DISCLOSURE CATEGORIES

1. Interests in real property which is located or in part within the jurisdiction of the City of Fremont. Schedule B (Schedule A-2 if held by a business entity/trust)

2. Investments in and management positions with business entities which are located within, or do business, plan to do business, or have done business during the preceding two-year period within the jurisdiction of the City of Fremont. Schedules A-1, A-2 and C

3. Sources of Income as defined by the Political Reform Act. Schedules C, D, and E

4. (This section intentionally left blank)

5. (This section intentionally left blank)

6. Investments in, income from, and management positions in business entities which furnish, have furnished in the past two years, or could reasonably be expected to furnish services of the type furnished by insurance companies, carriers, brokers, agents, or adjusters, law firms, investigators, medical practices or clinics, or other entities related to insurance of the type carried or utilized by the City of Fremont, or industrial safety equipment, materials, services or supplies. Schedules A-1, A-2, C- D, and E

7. Investments in, income from, and management positions in business entities which are located within or do business, plan to do business, or have done business during the preceding two-year period within the jurisdiction of Fremont and which provide or engage in:
a. Police services, equipment, materials, or supplies.
b. Banking, savings and loan, financial, or investment services. c. Veterinary, kennel, pet training, breeding, pet cemetery. d. Automotive, automotive facility, or construction equipment, material, supplies, or services. e. Park, landscaping, or agronomy equipment, materials, supplies, design or services. f. Street construction or engineering services and supplies. g. Building maintenance or repair equipment, materials, supplies or services. h. Recreation equipment, materials, supplies, or services. i. Architectural, planning, engineering, construction, building, real estate development, or a related field.
j. Practice of individual, marriage, or family psychological or social counseling. k. Consultants and contractors providing personnel, labor relations, recruitment, training, or benefit services.

Schedules A-1, A-2, C, D, and E

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Attachment: DRAFT - Disclosure Categories_Appendix (4647 : UPDATE OF CONFLICT OF INTEREST CODE 2022 (Biennial Update)) Fremont City Council Meeting: 09/13/22 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 # 4700) DOC ID: 4700
Updated: 9/8/2022 3:54 PM by Alberto Quintanilla Page 1 REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES - Adoption of a Resolution to Approve the Revised City Council Handbook of Rules and Procedures
Contact Persons:

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

Executive Summary: The following report is being presented to the City Council for consideration of adoption of a resolution to amend the City Council Handbook. The proposed amendments are intended to implement technical amendments and clerical improvements to the Rules and Procedures, or clarification of meeting procedure.

BACKGROUND: Since the incorporation of the City of Fremont in 1956, City Councils have relied on the City Council Handbook of Rules and Procedures (“Council Handbook”) as a guide to conduct business as a group and a tool to facilitate public meetings. The content of the Council Handbook is a series of procedures and rules developed by past and present councils. In December 1997, the City Council adopted the existing Council Handbook.

Throughout the past twenty years, amendments have been made periodically by resolution.

The purpose of the Council Handbook is to serve as a convenient reference and guide for conducting the business of the City at public meetings by listing relevant procedures, practices and customs. The primary users of the handbook are the City Councilmembers, City Manager, City Attorney, and City Clerk. It is a public document.

DISCUSSION/ANALYSIS: On February 25, 2022, the City Council held its annual retreat to set priorities for the year. During the retreat, the City Council reaffirmed its existing policy for issuance of ceremonial documents, set forth in “Appendix D: Requests for Ceremonial Recognition.” Council members directed staff to review the Handbook for necessary technical amendments or clerical improvements, and also expressed an interest receiving a summary of the recurring recognitions and proclamations. Accordingly, City staff recommends that the City Council approve the attached updated City Council Handbook that includes the following proposed edits:

• Chapter I, Section H: Clarifies that, in addition to the City Manager, Council members may contact the City Attorney directly for matters concerning City l egal services and/or concerns about legal staff.

• Chapter III, Section K: To the “Agenda Format for Regular Meetings,” adds “Report Out of Closed Session” agenda topic in order to comply with the requirements of the California Brown Act and deletes the general “Report from City Attorney” topic. Also, replaces “Events and Meetings” agenda topic with a “Report of Meetings Attended by Council Members” agenda topic.

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Staff Report (ID # 4700) Meeting of September 13, 2022 Updated: 9/8/2022 3:54 PM by Alberto Quintanilla Page 2 • Chapter III, Section L(1): Clarifies that public hearing items cannot be placed on Consent Calendar. Also, provides the City Council exclusive authority to withdraw items from the consent calendar. However, the public may continue to address the consent calendar prior to any Council vote on consent calendar and on any item withdrawn from the consent calendar.

• Chapter IV, Section B(3): Continues to authorize removal of members of the public for behavior that is disruptive of a City Council meeting, but deletes the term “boisterous” due to concern for ambiguity in application.

• Appendix D, Requests for Ceremonial Recognition: Replaces the title of “Ceremonial Resolution” with “Proclamations for Exemplary Service.” California Government Code section 36936 requires resolutions to be adopted by the City Council majority. This change in title will allow the City Council to continue its existing practice of issuing ceremonial recognitions without requiring a majority City Council vote at a publicly noticed City Council meeting.

All changes are reflected as Track Changes in the attached draft of the Council Handbook.

Other minor non-substantive changes are also noted in Track Changes in the attached draft of the Council Handbook. Also attached is a list of recurring recognitions and proclamations issued in 2021.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: None.

ATTACHMENTS:
• Draft Resolution-Council Handbook of Rules and Procedures • Draft Updated City Council Handbook of Rules and Procedures • Summary of Annual Recognitions and Proclamations

RECOMMENDATION: That the City Council adopt a resolution amending the City Council Handbook of Rules and Procedures.

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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

AMENDING THE HANDBOOK OF RULES AND PROCEDURES OF THE

FREMONT CITY COUNCIL

WHEREAS, on December 9, 1997, the City Council adopted Resolution No. 9233, approving the reformatted City Council Handbook of Rules and Procedures ("Handbook"); and

WHEREAS, on December 4, 2018, Section F of the Handbook was amended by Resolution No. 2018-69 regarding the Vice Mayor Selection and Duties; and

WHEREAS, on September 7, 2021, the City Council amended the Handbook via Resolution No. 2021-62 to include norms and protocols related to the issuance of proclamations and resolutions, Council attended conferences, the use of City property for foreign dignitary visits, support of council decisions once made, and the overall agreement to govern citywide; and

WHEREAS, the City Council now desires to revise various provisions of the Handbook to incorporate technical amendments or clerical improvements discussed at the City Council's last retreat or recommended by City staff, including provisions regarding adoption of ceremonial proclamations and clarify other provisions.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY approves the amendments to the City Council Handbook of Rules and Procedures as set forth in Exhibit A.

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

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Attachment: Draft Resolution-Council Handbook of Rules and Procedures (4700 : REVISE CITY COUNCIL HANDBOOK OF RULES AND

HANDBOOK
OF

RULES AND PROCEDURES

CITY OF FREMONT

CITY COUNCIL

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Attachment: Draft Updated City Council Handbook of Rules and Procedures (4700 : REVISE CITY COUNCIL HANDBOOK OF RULES AND

PREFACE

As provided by California Government Code Section 36813, the City Council of the City of Fremont establishes the Handbook of Rules and Procedures contained herein. The Handbook shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended , or new rules are adopted in the manner provided herein.

In addition to the Handbook of Rules and Procedures, the City Council has included in this document other information which may be useful to the City Council, administrative staff, the general public and is to be known as “The Handbook of Rules and Procedures of the Fremont City Council.”

Adopted December 1997
Resolution No. 9233, dated December 9, 1997

Amended July 2001
Resolution No. 9684, dated July 17, 2001

Amended February 2006
Resolution No. 2006-12, dated February 28, 2006

Amended December 2011
Resolution No. 2011-64, dated December 6, 2011

Amended December 2018
Resolution No. 2018-69, dated December 4, 2018

Amended September 2021
Resolution No. 2021-62, dated September 7, 2021

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Attachment: Draft Updated City Council Handbook of Rules and Procedures (4700 : REVISE CITY COUNCIL HANDBOOK OF RULES AND

Amended September 2022
Resolution No. 2022-XX, dated September ___, 2022

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Attachment: Draft Updated City Council Handbook of Rules and Procedures (4700 : REVISE CITY COUNCIL HANDBOOK OF RULES AND

CITY OF FREMONT

CITY COUNCIL

RULES AND PROCEDURES

TABLE OF CONTENTS

Chapter I – General Powers and Duties
A. Legislative Body ......................................................................................................1 B. City Council Basic Power ........................................................................................1 C. City Council .............................................................................................................1

1. Mayor ...........................................................................................................1

2. Councilmembers ..........................................................................................1 D. Mayor as Presiding Officer ......................................................................................1 E. Vice Mayor ..............................................................................................................1 F. Vice Mayor Selection and Duties ............................................................................2

1. General Provisions. ......................................................................................2

2. Regular Order of Selection ..........................................................................2

3. Order of Selection upon Vacancy ................................................................2

4. Other Instances.............................................................................................2

5. City Clerk Schedule Appointment ...............................................................2

6. Vice Mayor as Presiding Officer .................................................................3 G. Rules of Procedures. ................................................................................................3 H. Interference in Staff Functions.................................................................................3 I. Council Position on Ballot Measure(s) ....................................................................3

Chapter II – City Council Norms and Protocols
A. Norms Regarding City Councilmember Conduct

1. Maintain a citywide perspective while being mindful of districts.

2. Be mindful of how Councilmember conduct can promote or hamper teamwork of governing.

3. Councilmembers will acknowledge that Council actions/decisions represent City policy once a decision is made.

4. Councilmembers will listen to one another, communicate respectfully with each other, and seek to understand one another.

5. Find consensus with Councilmembers when possible; find areas of agreement within the areas of disagreement.

6. Respect other Councilmembers’ opinions.

7. Never assume intent regarding other Councilmember actions.

8. Maintain confidentiality of confidential matters.

9. Respect the roles of the Mayor, Council and staff in creating policy and in implementing policy.

10. Respect the Council/Manager form of government.

11. Communicate concerns about staff to the city manager. Do not criticize staff in public.

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B. Accepted Protocols for City Councilmembers

1. Craft clear City Council motions so that staff and Councilmembers all understand what is intended.

2. Seek to be efficient in comments at City Council meetings.

3. Provide reports and other information to City Council colleagues and staff about committee assignments in written summary format and/or at City Council meetings under Councilmember communications, especially when something an item is time-sensitive.

4. Participate in the League of California Cities, National League of Cities, US Conference of Mayors and other organizations that relate to City of Fremont work in order to enhance personal professional development as governing body members, and to learn about new approaches and common issues being addressed by other local governments.

5. When foreign dignitaries request official City of Fremont events with members of the City Council in the Councilmembers’ official capacity, courtesy invitations should be extended to all members of the City Council.

6. During City Council campaign seasons, the city attorney will remind Councilmembers of their obligations and limitations, including prohibitions on use of any City resources including, but not limited to, City equipment, City employees, City logo or other official City designations in campaign literature, signs, social media or other communications.

7. Refrain from using technology to communicate with others during City Council meetings.

8. Refrain from using the City’s logo or any photos with City staff in ways inconsistent with City laws and policies.

C. Town Hall Meetings

Chapter III – City Council Meetings
A. Duties of Presiding Officer. .....................................................................................4 B. Call to Order ............................................................................................................4 C. Roll Call. ..................................................................................................................4 D. Quorum. ...................................................................................................................4 E. Lack of Quorum .......................................................................................................4 F. Recognition to Speak, Councilmember ...................................................................4

1. Interruptions .................................................................................................4

2. Challenged While Speaking .........................................................................5

3. Public Hearings ............................................................................................5 G. Councilmembers’ Obligation after Absence ............................................................5 H. Deadline for New Business ......................................................................................5 I. Business Items Out of Order ....................................................................................5 J. Tape Recordings ......................................................................................................5

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Chapter III – City Council Meetings (continued)
K. Agenda Format for Regular Meetings .....................................................................5

1. Preliminary ...................................................................................................5

2. Consent Calendar .........................................................................................5

3. Ceremonial Items .........................................................................................6

4. Public Communications ...............................................................................6

5. Scheduled Items ...........................................................................................6

6. Reports from City Attorney6

7. Other Business .............................................................................................6

8. Items Referred by Councilmembers ............................................................6

9. Adjournment ................................................................................................6 L. Components of a Regular Meeting ..........................................................................6

1. Consent Calendar .........................................................................................6

2. Minutes. .......................................................................................................6

3. Public Communications ...............................................................................7

4. Legislative Matters.......................................................................................8

5. City Council Referrals .................................................................................8

6. Appointments ...............................................................................................9 M. Addressing the City Council ....................................................................................9

1. Speaker Card and Speaker Time ..................................................................9

2. One Speaker at a Time .................................................................................9

3. Questions and Comments from the Public...................................................9

4. Addressing the City Council after a Motion is Made ..................................9 N. Continued Agenda Items..........................................................................................9 O. Public Hearing Closed ...........................................................................................10 P. Study Sessions Meetings........................................................................................10 Q. Scheduled Recesses ...............................................................................................10 R. Cancellation of Meeting .........................................................................................10

Chapter IV – City Council Meeting Decorum
A. Enforcement of Decorum .......................................................................................11 B. Courtesy .................................................................................................................11 C. Noise in the Lobby .................................................................................................11 D. Crowd Control in Council Chambers ....................................................................11 E. Smoking, Food and Drink ......................................................................................12 F. Distribution of Literature and Other Materials in City Council Chambers ...........12

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Attachment: Draft Updated City Council Handbook of Rules and Procedures (4700 : REVISE CITY COUNCIL HANDBOOK OF RULES AND

Chapter V – Procedural Rules
A. Rules of Order ........................................................................................................13 B. Rules of Discussion................................................................................................13

1. Division of Question ..................................................................................13

2. Withdrawal of Motion................................................................................13

3. Voting ........................................................................................................13

4. Failure to Vote ...........................................................................................13

5. Abstaining from Vote ................................................................................13

6. Abstention: Conflict of Interest .................................................................14

7. Tie Votes ....................................................................................................14

8. Appeal from the Mayor’s Decision ............................................................14

Chapter VI – Boards, Commissions, and Committees: City Representatives and Standing Committee
A. Boards, Commissions and Committees - City Representatives -Standing Committee ..............................................................................................................15

1. Definitions..................................................................................................15

2. Application and Appointment Process.......................................................15 B. Appointment to Outside Agencies .........................................................................17

1. Citizens’ Appointments .............................................................................17

2. Councilmember Appointment ....................................................................17 C. Removal of Member of Board or Commission or Committee or City Representative ........................................................................................................18 D. Waiver of Requirements ........................................................................................18

Appendix A - Procedural Rules

Appendix B - Council Travel Budget and Expense Reimbursement Policy

Appendix C - Paperless Council Agenda Process

Appendix D – Ceremonial Document Request Procedure

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CHAPTER I - GENERAL, POWERS and DUTIES

A. Legislative Body:

The governing legislative body of the City of Fremont is a City Council consisting of six Councilmembers and a Mayor. The Mayor is elected by the qualified voters of the city a t large. The Councilmembers are elected fr om one of si x districts. When reference to all the members of the C ity Council, inclus ive of the Councilmembers and Mayor, is intended, use of the ter ms “Councilmembers” or “City Council” are appropriate substitutes for the term “Council Members and Mayor.”

B. City Council Basic Power:

All power s of the City are and sha ll be vested in the City Counc il, subject to the provisions of the Fremont Municipa l Code and to the Constitution and statutes of the State of California.

C. City Council:

1. Mayor: The Mayor shall hold office for a term of four years. The Mayor shall be sworn into office following c ertification of the general municipal election and continue in office until a successor qualifies.

2. Councilmembers: Councilmembers shall hold office for a t erm of four years.

Three Councilmember offices shall be elected at each general municipal election.

Each Councilmember elected shall be sworn into offic e following certification of the general municipal election and continue in office until a successor qualifies.

D. Mayor as Presiding Officer:

The Mayor shall be recogniz ed as the official head of the City of Fremont for all ceremonial purposes. Requests for ceremonial recognition shall be made to the Mayor in accordance with the procedures set forth in Appendix D – Ceremonial Document Request Procedure.

The Mayor shall be the Presiding Off icer of the City Cou ncil and shall preside at the meetings of the City Counc il. The Mayor may move, second, and debate from the Chair, subject to such limitations of debate as are imposed on all Councilmembers by these rules and shall not be deprived of an y of the rights and privileges of a Councilmember as such Presiding Officer. The Mayor shall possess no veto power.

E. Vice Mayor:

In the absence of the Mayor, the Vice Mayor shall possess and perform the p owers and duties of the Mayor.

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F. Vice Mayor Selection and Duties:

1. General Provisions:

The purpose of these provisions is to make the d esignation of the Vice Mayor a ministerial action, while at the same time providing a n opportunity for each Councilmember elected at a general municipal election to have the opportunity of serving as Vice Mayor during his or her term of off ice. No Councilm ember who is appointed or elect ed t o fill the unexpired term of a vacant office of Councilmember shall be appointed as Vice Mayor.

2. Regular Order of Selection:

The Council member w ho received the highest number of votes during the previous general munic ipal election shall be appointed Vice Mayor for the first eight months following the n ext general municipal electio n. The Councilmember who received the second highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the next eight months. The Councilmember who received the third hig hest nu mber of votes during the previous general municipal election shall be appointed Vice M ayor for the n ext eight months.

For example, the Vice Mayor rotation for the six Councilmembers based on the 2018 and 2020 general municipal elections would proceed as follows:

Vice-Mayor Term
“Previous General
Municipal Election”
Year
Councilmember to Be
Appointed Vice Mayor
Nov. 2019-July 2020 2018 Highest number of votes in
2018 election
July 2020-March 2021 2018 Second highest number of
votes in 2018 election
March 2021-Nov. 2021 2018 Third highes t number of
votes in 2018 election
Nov. 2021-July 2022 2020 Highest number of votes in
2020 election
July 2022-March 2023 2020 Second highest number of
votes in 2020 election
March 2023-Nov. 2023 2020 Third highest numbe r of
votes in 2020 election

3. Order of Selection Upon Vacancy:

If a v acancy occu rs i n an off ice of a Councilmember, the order of selection pursuant to the above section shall be modified if neces sary, as follows: If the vacancy is in the office of a C ouncilmember and is the incumbent Vice Mayor, then the Councilmember who w as the last previous Vi ce Mayor shall be appointed Vice Mayor for the remainder of that eight month term . If the vacancy

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is in the office of a Councilmember who has not yet served as Vice Mayor during his or her term of office, then the Councilmember s next in the orde r of selection pursuant to the above section shall each have their appointment as Vice Mayor advanced, notwithstand ing t hat as the result of such vacancy or prior or futu re vacancies, the order of selection will be modified with the effect that a subsequent Vice Mayor will be only in the second or first year of his or her term of office as a Councilmember.

4. Other Instances:

In the event a situation occurs, resulting fro m a vacancy in an office of a Councilmember, which is not addressed in th ese rules , the C ity Coun cil s hall promptly consider what revision to the rules, if any, are necessary prior to the appointment of the Vice Mayor.

5. Appointment of Vice Mayor:

The Ci ty Clerk shall schedule the appointment of the Vice Mayor for the last regular C ity Counc il meet ing of the current Vice Mayor ’s term (or at the next regular meeting following a vacancy), and shall publish in the agenda the name of the Councilmember to be a ppointed. At the meeting t he Mayor shall make a motion nominating the Councilmember to be designated as the Vice Mayor.

6. Vice Mayor as Presiding Officer:

While performing in the absence of the Mayor as t he Presidi ng Officer at meetings of the City Counc il, the Vice Mayor may be addre ssed as Mayor (however, documents executed by the Vice Mayor in the ab sence of the Mayor shall be signed as Vice Mayor. (G.C. 34904 & 36801)

G. Rules of Procedures:

1. The C ity Counci l shall determine its o wn rules of proce dures and amend them from time to time, or adop t new rules as it deems nec essary. Amendment to or adoption of new City Council Rules shall be accomplished by majority vote.

2. Any Councilmember may mov e th e Mayor to enforce the rules and a majority vote of the City Council shall require the Mayor to so act.

H. Interference in Staff Functions:

The City Council shall deal with the administrative services of the City only through the City Manager, and legal services of the City through the City Attorney , exc ept for the purpose of inquiry and neither the City Council nor any member thereof, shall give orders to subordinates of the City Ma nager. No m ember of the Cit y Council shall publicly criticize or censure any staff member of the City, and shall instead rel ay any criticism of a staff member privat ely through the City Manager , or City Attorney for staff within the City Attorney’s Office.

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I. Council Position on Ballot Measure(s):

A 5/7 vote will be required for support or opposition on a ballot measure. .

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CHAPTER II – CITY COUNCIL NORMS AND PROTOCOLS

A. Norms Regarding City Councilmember Conduct

1. Maintain a citywide perspective while being mindful of districts.

2. Be mindful of how Councilmember conduct can promote or hamper teamwork of governing.

3. Councilmembers will acknowledge that Council actions/decisions represent City policy once a decision is made.

4. Councilmembers will listen to one another, communicate respectfully with each other, and seek to understand one another.

5. Find consensus with Councilmembers when possible; find areas of agreement within the areas of disagreement.

6. Respect other Councilmembers’ opinions. Accept that Councilmembers will not always agree. Disagree respectfully and professionally. Do not make things personal.

7. Never assume intent regarding other Councilmember actions. Do not ascribe motives.

8. Maintain confidentiality of confidential matters.

9. Respect the roles of the Mayor, Council and staff in creating policy and in implementing policy.

10. Respect the Council/Manager form of government.

11. Communicate concerns about staff to the city manager, or city attorney for staff within the City Attorney’s Office. Do not criticize staff in public. Do not apologize on behalf of the staff or other members of Council.

B. Accepted Protocols for City Councilmembers

1. Craft clear City Council motions so that staff and Councilmembers all understand what is intended. If staff needs clarification, the city manager or city attorney will ask for clarification and/or recap and summarize the motion to ensure it is understood.

2. Seek to be efficient in comments at City Council meetings. It is unnecessary for Councilmembers to speak on every item or to repeat an opinion that has already been stated by another Councilmember.

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3. Provide reports and other information to City Council colleagues and staff about committee assignments in written summary format and/or at City Council meetings under Councilmember communications, especially when something is time- sensitive.

4. Participate in the League of California Cities, National League of Cities, US Conference of Mayors and other organizations that relate to City of Fremont work in order to enhance personal professional development as governing body members, and to learn about new approaches and common issues being addressed by other local governments.

5. When foreign dignitaries request official City of Fremont events with members of the City Council in the Councilmembers’ official capacity, courtesy invitations should be extended to all members of the City Council. For those contacts and invitations extended to individual Councilmembers that are not official City of Fremont events, it will be at the discretion of the individual Councilmember to determine who, if anyone, to extend an invitation to. City property can be used for official business with foreign dignitaries, with alternate locations considered for unofficial business.

6. During City Council campaign seasons, the city attorney will remind Councilmembers of their obligations and limitations, including prohibitions on use of any City resources including, but not limited to, City equipment, City employees, City logo or other official City designations in campaign literature, signs, social media or other communications.

7. Refrain from using technology to communicate with others during City Council meetings.

8. Refrain from using the City’s logo or any photos with City staff in ways inconsistent with City laws and policies.

C. Town Hall Meetings

1. Councilmembers shall be permitted to hold one Town Hall meeting within their district per year. Town Hall meetings require the use of City resources, including staff, for scheduling, advertising, setting up, recording and otherwise managing the Town Hall.

Councilmembers may hold additional Town Hall meetings within their districts if they do not request the assistance of city staff or the use of city resources.

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CHAPTER III - CITY COUNCIL MEETINGS

A. Duties of Presiding Officer:

The Mayor shall act as the Presiding Officer at all meetings of the City Council and shall preserve strict order and decorum at all times. The Mayor shall state each question coming b efore the City Council, and shall restate each question immediately prior to calling for the vote. Following the vote, the Mayor shall announce the results of the vote.

The Mayor is eligible to vote on all questions, and shall d irect the order of parti cipation of Councilmembers. The Mayor shall, in all instances, have the last chance to speak.

B. Call to Order:

The meetings of the City Council shall be called to order by the Mayor, or in the Mayor’s absence, by t he Vice Mayor. I n the absence of the May or a nd the Vice Mayor, the meeting shall be called to order by the most senior Councilmembe r present. This person shall serve as the Council’s pr esiding officer u ntil the arrival of the Mayor or Vice Mayor, or until adjournment of the meeting.

C. Roll Call:

Before proceeding with the business of the City Council, the City Clerk shall call the r oll of the Councilmembers and the names of those prese nt and those abse nt shall be entered in the minutes of the meeti ng. The Presiding Offic er shall announce that a late Councilmember has arrived for the benefit of the television audience.

D. Quorum:

Four Councilmembers shall cons titute a q uorum for the tra nsaction of busi ness. A majority of a quorum shall be sufficient to pas s any action tak en by the City Council except on such matters which, by law, require a greater majority.

E. Lack of Quorum:

If a majority of Councilmembers are absent from any meeting the City Clerk may declare the meeting adjourned to a stated tim e and place and shall prepare a written notice of the adjournment and conspicuously post it at the entrance to the Council Chambers.

F. Recognition to Speak, Councilmember:

Every Councilmember desiring to sp eak shall address the Mayor and, upon recognitio n by the Mayor, shall confine his or her remarks to the question under debate.

1. Interruptions:

A Councilmember, once recognized, shall not be int errupted while sp eaking unless called to order; unless a motion to raise a point of order is raised by another Councilmember, or un less the Councilmember s peaking chooses to yield to questions from another Councilmember.

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2. Challenged While Speaking:

A Councilmember, challenged while speaking, shall cease speaking until the point of order is determined. The C ouncilmember shall be permitted to proceed if r uled to be in order. Conver sely, the Councilmember shall remain silent or alter any remarks to comply with rules of the City Council if found not to be in order.

3. Public Hearings:

Councilmembers should not speak to the merits of a n issue, other than to ask questions, until the public hearing has been closed. If the agenda item is an appeal of other than a legislative matter, Councilmembers should acknowledge and state the substance of any prior discussion of the ite m with any perso n (other than personal consultants not having an i nterest in the matter) at the beginning of the hearing.

G. Councilmember Obligation after Absence:

When a Councilmemb er is absent from an earlier meeting at which a matter was discussed, it shall be the du ty of that Councilmembe r to become acquainted with the issues discussed by reading the documents presented and when possible, listening to or viewing the taped recording of the meeting missed.

H. Deadline for New Business:

Generally, no n ew item of busin ess will be discussed o r co nsidered after 11:30 p.m. unless approved by the City Council.

I. Business Items out of Order:

The Mayor may, with the consent of the City Council, modify the order of the agenda.

J. Recordings:

All meetings (except closed sessions) of the City Counc il s hall be recorded and stored electronically.

K. Agenda Format for Regular Meetings:

Order of Business: The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Preliminary:

Call to Order
Salute to the Flag
Roll Call
Announcements-Mayor and/or City Manger
Report Out of Closed Session (if applicable)

2. Consent Calendar:

Approval of Minutes

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3. Ceremonial Items

4. Public Communications:

Written
Oral

5. Scheduled Items:

Public Hearings
Appeals
Reports from Boards, Commissions, and Committees

6. Reports from City Attorney

76. Other Business

87. Items Referred by Councilmembers:

Councilmember Referrals
Appointments to Boards, Commissions, Committees
Legislative Actions
Events and MeetingsReport on Committee Assignments

98. Adjournment

L. Components of a Regular Meeting:

The published agenda shall consist of a n agenda and sum mary reports providing sufficient information needed for deliberation and action.

1. Consent Calendar:

Items of a routine, non -controversial nature, Routine items that are not controversial in nature and do not require a public hearing may be placed on the consent calendar at the Mayo r’s discretion. All items may be a pproved by one motion and one vote. Any Councilmembe r or member of t he public or their representative may request any i tem be withdrawn from the consent calendar for separate consideration in its regular order of business. Members of the public shall be allowed to address the consent calendar prior to the Council vote on the consent calendar and on any item w ithdrawn from the consent calendar for separate consideration.

2. Minutes:

a. Description:

The minutes of a City Co uncil meeting shall be “action minutes” which include the motions made , a ctions taken, and a brief summary of public comments.

b. Reading of Minutes:

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If each Councilmember has been furnished with a co py of the minu tes prior to the meeting, the minutes may be approved without reading. I f a Councilmember raises a point of cor rection to the minutes of a City Council meeting, those minutes will not be approved at t hat meeting.

Consideration of such minutes will be conti nued t o t he nex t reg ular meeting.

c. Remarks of Councilmember- When Entered into the Minutes:

A Councilmember may request, through the Ma yor, the privilege of having an abstract of a Councilmember’s statement on any subject under consideration by the Cit y Coun cil entered in to the minutes. If th e City Council consents, the st atement shall be entered. If a Councilm ember voted in the minority, however, that Councilmember has the right to an abstract of such dissent entered into the minutes whic h explains an affirmative vote on a ministerial or othe r routine action on an underlyi ng project or ot her matter as to which the Councilmember voted in t he minority. An “abstract” is defined here as “a statement su mmarizing the important points of a given text.” The Cou ncilmember requ esting an abstract shall s uccinctly summarize his or her position to be e ntered into the minutes . T he request must be made a nd acted upon prior to hearing another item. The abstract mus t be submitted the to the City Clerk the following business day.

3. Public Communications:

a. Written:

Subject to the time l imits described in this document, any m ember of the public or their authorized representative may address the City Council by written communications.

b. Oral:

Subject to the time limits des cribed in this document, any member of the public or their authorized representative, may address the City Council on any matter concerning the City’s business, or any matter over which the City Council has control, whether on its poste d agenda or not. Com ments on items included on the agend a shall be reserved until the C ouncil considers those items. However, the City Council is prohibited from extensively discussing or taking acti on on an item n ot appearing on its posted agenda under th e provisions of the Brown Act . Any issue raised under “Oral Communications” will therefore be limited to a determination whether it should be placed on a future agenda for discussion, action, or report. Exceptions to this rule are set forth in the Brown Act.

c. Special Meeting-Work Sessions:

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Subject to the time li mits described in this document, any member of the public or t heir authorized representative may address the City Council on matters contained on a Special Meeting-Work Session agenda.

4. Legislative Matters:

Generally, public hearings shall be conducted in the following order:

a. Regular Hearings:

Staff presentation
Questions of staff by Councilmembers
Hearing opened by Mayor
Public Comments
Hearing closed by Mayor
Questions by Councilmembers
Discussion by Councilmembers
Action by City Council

b. Appeals:

Staff presentation
Questions of staff by Councilmembers
Hearing opened by Mayor
• Appellant’s comments
• Public comments
• Rebuttal-Appellant comments
Hearing closed by Mayor
Questions by Councilmembers
Discussion by Councilmembers
Action by City Council

5. City Council Referrals:

a. Any C ouncilmember may, prior t o a ny re gular City Council m eeting, bring any matter to the attention o f the City Council which is not otherwise scheduled on a City Council agenda. The matt er will be placed on the next available agenda in the Council Referral sec tion. The sponsoring Councilmember shall give the City Manager a brief description of the subjec t to be printed i n the agenda, sufficient to inform the C ity Council and public of th e nature of the referral. All referrals shall be submitted to the City Manager, with a copy to the City Clerk, no later than five business days before the next City Council meeting.

b. The City Council, after co nsidering the re ferral, may do any of t he following:

(1) Take no action;

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(2) Refer the m atter to staff t o schedule as a future City Council agenda item;
(3) Take dispositive action if Council finds that sufficient notice to the Council and the public has been provided by the published agenda, sufficient information has been rec eived by the Co uncil, an d no formal published notice of a public hearing is required.

c. The Councilmember who requested the referral has th e privilege of speaking first on the item.

6. Appointments:

Appointments to the City Boards, Committees and Commission shall be m ade as described in Chapter V of this document.

M. Addressing the City Council:

1. Speaker Card and Speaker Time:

A person d esiring to address the City Council is en couraged to comp lete a “Request to Address the City Council” (speaker card). Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Mayor may limit the time for individu al comments. When deemed neces sary, the mayor may allocate a longer speaker time without objection from the City Council. The following time limits apply unless modified by the Mayor.

Oral Communications
Individual speakers -3 minutes

Public Hearings
Applicant/appellant - 10 minutes
Individual speakers - 3 minutes
Rebuttal by applicant/appellant - 5 minutes

2. One Speaker at a Time:

No person, other than the p erson having the floor, s hall be permitted to e nter into any discussion without the permission o f the Mayor. All discussions shall be through the Mayor, and no question sh all be asked of a Counc ilmember except through the Mayor.

3. Questions and Comments from the Public:

Questions and comments from th e public shall be limited to the subject under consideration.

4. Addressing the City Council after a Motion is made:

No person in the audience may address the Cit y Council after a motion is made. without firs t securing permission to do so. Upon recognitio n by the Mayor and

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permission being granted by th e City Council, the person so recognized shall confine him or herself to the question under discussion.

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N. Continued Agenda Items:

It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unfo reseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or other inte rested parties, the request must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inform the C ity Clerk, orally or in writing, as soon as possible prior to the meeting that such a request for continuance will be made. The City Clerk shall inform the Mayor. The City Council will consider the req uest for continuance prior to discussing the substance or merits o f the agenda ite m. The intereste d parties may sp eak to the issu e of a c ontinuance without forfeiting the right to spe ak later to the merits o f the issue if a majority of the Council so rules. Comments may be presented by persons not able to atte nd the meeting for w hich the item is finally scheduled if the City Council agrees to continue the item.

O. Public Hearing Closed:

Once a hearing is clo sed it is inappropriate for the public to speak e xcept to answer an inquiry of a Councilmember addressed through th e Mayor. However, a public heari ng may be re-opened by the Mayor to hear new information.

P. Special Meeting-Work Sessions:

The City Council may meet in a “work session/study session” called as a Special Meeting for the purpose of acquiring information on a particular subject(s). Study sessions shall be open to the public but are not public hearings., Public input, however, will be received on item(s) on the Special Meeting-Work Session agenda.

Q. Scheduled Recesses:

The City Council will recess from any regularly scheduled City Council meetings during the entire month of August. Prior to a scheduled recess, the City M anager shall submit to the City Council any recommende d matters anticipated to req uire Cou ncil ap proval during the recess. The City Council ma y, by resolution, authorize the City Man ager to approve any recommended matters on behalf of the City of Fremont.

R. Cancellation of Meeting:

If the City Council consi ders and then decides to can cel a fu ture regularly scheduled or special m eeting it shoul d take such acti on at the earliest prior meeting possible. If the action to cancel a meeting is taken more than on e regular meeting prior to the date of the canceled meeting, the fact of any such cancellation sh all also appear as an informative item on the agenda for the meeting immediately preceding the canceled meeting date.

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CHAPTER IV - DECORUM

A. Enforcement of Decorum:

The City Manager shall assign a sergeant -at-arms when necessary to attend City Council meetings for the purpose of maintaining orde r and decorum in the City Council Chambers and in the lobby. Upon instructions from the Mayor, the sergeant-at-arms shall eject any person from the City Council Chambers, in conformance with State law.

B. Courtesy:

1. Councilmembers:

Councilmembers shall accord the ut most courtesy to each oth er, City employees and the p ublic appearing before the City Council, and s hall refra in at all time s from rude and derogatory rem arks, public criticism of staff, r emarks as to integrity, abusive comments and statements as to motives and personalities.

2. City Employees:

Employees of the City shall observe the same rules of order and decor um applicable to the City Council.

3. Public Speakers:

Members of the public attending a City Counc il meeting shall be encouraged to observe the same rules of order and de corum applicable to the City Council. Any person who becomes boisterous wh ile addres sing the City Council or while attending the City Council meeting, or behaves in such a way as to be disruptive of the City Council meeting, shall be removed from the room if the sergeant-at- arms is so directed by the Mayor and such person may be barred at th at meeting from further audience before the City Council.

4. Appointed Members of Boards, Commissions and Committees:

Appointed members of Bo ards, Commissions and Committ ees of the City shall observe the same rules of order and decorum applicable to the City Council.

C. Noise in the Lobby:

Noise emanating from the lobby outside t he City Council Chambers which disrupts City Council meetings shall not be permitted.

D. Crowd Control in Council Chambers:

If the C ity Manager, or the City Manage r’s designee, a nticipates in advance a crowd larger than the maximum number of attendees allowed in the City Council Chambers, he or she shall provide for appropriate crowd control.

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E. Smoking, Food and Drink:

It is unlawful for any person to smoke in the City Council Chambers (FMC 4-6100).

No one shall bring food or drink into the public area of the City Council Chambers at any time.

F. Distribution of Literature and Other Materials in City Council Chambers:

No person sh all distribute flyers, leaflets , pl acards or o ther liter ature or circu late any petition within the C ity Council Chambers. S uch literat ure may be displayed o r distributed outside the City Council Chambers area.
.

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CHAPTER V - PROCEDURAL RULES

A. Rules of Order:

The City Council shall de termine its own rules of order and amen d them from time to time, or a dopt new rules as it d eems necessary. Amendment to or a doption of new Ci ty Council proc edures shall be accomplished b y majority vote. A set of procedural ru les, which is derived from Robe rts Rules of Order, and which is attached to this handbook as Appendix A, shall govern the Council’s processing of motions.

B. Rules of Discussion:

1. Division of Question:

If the ques tion contai ns t wo or more propositions, each of which is capable of standing as a complete proposition if the others are removed, the Mayor may, and upon request of a Councilmember shall, divide the question.

2. Withdrawal of Motion:

A motion may not be w ithdrawn by the maker of the motion wit hout the consent of the Councilmember who seconded the motion.

3. Voting:

On every motion the vote shall be taken by electronic voting device and entered in the record. If the device is inoperable, the vote shall be taken by vo ice and recorded by the City Clerk. The Mayor shall announce the result of the vote.

4. Failure to Vote:

Absent a disqualification under State law, including conflict of interest provisions and prohi bitions on part icipating when personal bias w ould prohib it a fair decision, it is th e responsibility of every Counc ilmember to vot e. Failure to vote that is not compelled by a legal di squalification shall c onstitute an affirmative vote. A Councilmember who fails to vote shall nonetheless be counted t owards making up a quorum.

5. Abstaining from Vote for Reasons Other than an Identif ied Legal Disqualification:

A Councilmember who abstai ns determines not to v ote “yes” or “no”. A vote to “abstain” except for an identified l egal disqualification shall be counted as an affirmative vote. A Coun cilmember shall state a reason for abstaining prior to doing so; failu re to do so will constitute th e same action as silen ce or failur e to vote. A Councilm ember who abstain s from voting f or other than an identified legal disqualification shall nonetheless be counted toward making up a quorum.

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6. Abstention: Conflict of Interest:

Councilmembers shall disqualify themselves and abstain from voting if they have a financial conflict of interest or any other disqualificati on prescribed by law in a matter before the City Council. In such even t, t hey may not participate in the discussion or the vote. Councilmem bers shall state the s pecific reas on for such disqualification. Unless t he matter is on the consent calendar, the abs taining Councilmember shall leave the C ouncil dias until the conclusio n of the agenda item. The matter will t hen proceed as though the memb er is not present, and the member shall not be counted toward making up a quorum.

7. Tie Votes:

When one Councilmemb er is absen t an d a matter under discuss ion remains unresolved as the r esult of a tie vote on al l motions made on such matter, the matter sh all be automatically c ontinued to the next Council meet ing wh en it is reasonably known that all Councilmembers will be present, provided that this rule shall not apply to matters involvin g the appellate jurisdiction of the Cit y Council.

The Council exercises “appellate jurisdiction” when it considers matters in which a subordinate body such as the Planning Commission cou ld, but for an appeal to the City Council, confer final approval.

8. Appeal From the Mayor’s Decision:

When the rules are silent, the Mayor shall decide all questions of order, subject to appeal by any Council member. When in doubt, the Mayor may submit t he question to the City Council. Any de cision or ruling of the Mayor m ay b e appealed by request of any Councilmember. The Mayor shall immediately call for a vote to determine if the Mayor’s ruling shall stand.

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CHAPTER VI
BOARDS, COMMISSIONS and COMMITTEES
CITY REPRESENTATIVES and STANDING COMMITTEE

A. Boards, Commission s an d Committee s – City R epresentatives – Standing Committee:

1. Definitions:

a. Boards, Commission and Committees:

The City Council shall establish by ordinance all boards and commiss ions which shall advise the City Council and perform such other functi ons and duties as prescribed by the City Council. Unless otherwise directed, ad hoc committees shall be established by resolutions.

b. City Representatives:

Councilmembers and citizens may be appo inted to serve on County, regional or multi -purpose agencie s, c ommittees a nd commissions to represent the City.

c. Standing Committee:

The only stand ing committee of the City Council may be the Commit tee of the Who le. The Mayor, or the Vice May or (in the Mayor’s absence) shall be the Mayor of the Committee of the Whole. The Rul es of Proceedings will be the same as the rules for the City Council.

2. Application and Appointment Process:

The members shal l be appointed by the Mayor with the approva l of the Ci ty Council, in accordance with the following procedure:

a. Vacancy, Announcement, Interview and Applicant Pool:

The City Clerk shall maintain records of membershi p status of boards, commissions and co mmittees. The Clerk shall notify the Mayor o f each vacancy.

When a vacancy occurs, the Mayor shall announce the v acancy at a Council meeti ng and invite t he public to apply for the po sition or positions. W hen the Mayor determines that suf ficient applicatio ns have been received, the Mayor shall announce, at a Council meeting:

• The final date for receipt of applications,
• The date of the Council meeting at which the City Council will receive all of the applica tions and mak e its decision wheth er to interview • applicants, and

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• The date of the Council meeti ng for maki ng t he appointment if no interviews are held.

The final date for receiv ing applic ations shall be at least one week following the Mayor’s announcement.

At the meeting scheduled for the Council to consider interviews, the Clerk shall provide a copy o f all applications received to the City Council. If, at that meeting, Council decides to hold interv iews, it shall then determin e the interview process, including w hich applicants will be interviewed and schedule the interviews. After the interv iew process is complete, the Mayor shall schedule the meeting for making the appointment.

b. Application Required:

No person shall be appo inted to a board, commi ssion or comm ittee without filing a wr itten applica tion for appoi ntment with the City Clerk prior to 5:00 p.m. on the date of the deadline for receipt of applications.

c. Scheduling of Appointment:

The City Clerk will schedule, on the regular City Council meeting agenda, as designated by the Mayor, a notice of the Mayo r’s intention to make an appointment to a board, commission or committee.

d. Publishing Names of Appointees:

The name of the intended appoi ntee shall be included on th e agenda for the meeting at which the appointment will be made.

e. All Applications Provided to All Councilmembers:

The City Cl erk shall include in the City Council’s agenda packet for t he Council meeti ng at whic h the Mayor’s a ppointment is scheduled, all current applications f iled for appo intment to the board , com mission or committee designated in the Council Referral section of the Agenda. In the event there are multiple vacancies on th e sa me board, co mmission o r committee the Mayor shall schedule the ap pointment and name the appointees of all vacant position s of any one board on the same C ouncil meeting.

f. Nomination and Approval of Mayor’s Appointment:

The Mayor shall place in nomina tion the name of the person intended to be appointed from among the p ersons in the final app licant pool. No second to the nom ination shall be m ade, but debat e is allowed. The Council may, by a majority vote, open the discussion to include any or all applicants in the applicant pool. It is out of o rder for any Councilmember to place in nomination a ny other pers on other than the pe rson placed in nomination by the Mayor. Upon approval of the nomination by the City Council, the Mayor’s appointment is confirmed and approved. Prior to the

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vote by the Cit y Council, the Mayor may, wi thout debate or vote, withdraw the n omination and or con tinue the matter to a further Co uncil meeting.

g. Procedure in Event Mayor’s Nomination Not Approved:

If the Mayor’s intended ap pointment is not approved, the Mayor shall at the same or subsequent m eeting place in nominat ion another p erson’s name from th e po ol. The proce ss continues un til an appointment by the Mayor is appro ved, in accordance with the pr ocedure set forth in this document.

h. Councilmember Prohibition:

Unless the legislation adopted by the City Council for a particular board, commission o r co mmittee expre ssly provides o therwise, no Councilmember s hall be elig ible for appointment as a memb er of, or representative or liaison to a City board, commission or committee.

i. Applications: Current List:

A current l ist of applic ants is established each year. Applications may be submitted to the City Clerk a t any time b etween January 1 and December 31. These applications may be considered for various vacancies throughout the year; however, on De cember 31, any remainin g applications of these persons n ot a ppointed will be void. In or der to be considered in the following ye ar, new applications will need to be submitted starting January 1.

B. Appointment to Outside Agencies

1. Citizen Appointments:

Any appointment of an y person, exc ept a Councilmember, as a member of a County, region al, multi -purpose agency, or other outsi de a gency shall be accomplished in the same manner as appo intments to board s, commiss ions and committees. Any appointment of any person, except a Counc ilmember, as a representative or liaison of the City to any board, commission or committee, shall be in the same manner as appointments to boards, commissions and committees.

2. Councilmember Appointment:

The Mayor shall, instead of nominating, announce t he appointmen t of the designated Councilmember as a member of a C ounty, regional, multi -public agency, or other outside agency, at the time the matter is considere d at the City Council meeti ng. If no motio n is made by a Councilmember , immediately following the Mayor’s announcement, to sub mit the Mayor’s i ntended appointment to formal vote of the C ity Council, the Mayor’s announced appointment is deemed approved.

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C. Removal of member of board or commission or committee or City representative.

Any member of a board, commission or committee and any City representative or liaison to a outside agency, may be removed by a vote of not less than four (4) Councilmembers, initiated by either the Mayo r or a Councilme mber. Any proposed removal shall be scheduled as a Council Refer ral on the agenda of a regular Counc il meeting, with the name of the person proposed to be removed printed on the agenda.

D. Waiver of Requirements:

In the event com pliance w ith any of the a bove requirements would ser iously interfere with or interrupt th e important business of the City, th e City Council m ay, with the approval of five Councilmembers, waive one or more of said requirements.

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APPENDIX A

PROCEDURAL RULES

A. Rules of Order:

The following rules shall b e used as a guide to the c onduct of the meetings of the City Council.; provided, however, that theThe failure of the City council to conform to said rules shall n ot, in any instance, be deemed to invalidate t he action taken. It should be noted here the identit ies of some of the motions listed in th ese Rules differ from the same or equivalent rules identified in Robert's Rules of Order. In the event that these rules are not sufficient to g uide the Council's determination of any matter, the most recent edition of Robert's Rules of Order shall control.

B. Processing of Motions:

The Mayor shall state the motion. When a mot ion is made and seconded, it shall be restated by the Mayor before dis cussion or debate. A m otion so stated shall not b e withdrawn by the mover without the consent of the person secon ding it. The Mayo r s hall resta te th e m otion pr ior to voting.

C. Precedence of Motions:

When a motion is before the City Council, no other motion shall be entertained except to:
(1) Fix the time to adjourn to
(2) Adjourn
(3) Take a recess
(4) Raise a question of privilege
(5) Raise a Point of Order (or call for agenda adherence) (6) Table
(7) Close discussion (or close debate or call the previous question) (8) Limit or extend limits of discussion
(9) Postpone to a time certain (or continue to a time certain) (10) Refer to staff, board, commission, committee or officer (11) Substitute the motion
(12) Amend the motion
(13) Postpone indefinitely
(14) Motion to reconsider
(15) Motion to reschedule

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D. Purpose of Motions When Used:

(1) Motion to Fix Time to Adjourn To: A motion to fi x the time to wh ich to adjourn requires a s econd, is amendable and is debatable only as t o the time (and date) to which the meeting is to be adjourned, and at whi ch time (and date) any unfinished business will be considered. The purpose of the motion to fix the time (and date) to which to adjourn, is to set a time for duration and termination (adjournment) of the mee ting, taking into cons ideration the completion of any unfinished business which may remain at adjour nment. The ti me and date to which unfinished business will be considered may or may no t be the next re gular meeting.

(2) Motion to Adjourn: A motion to adj ourn requires a second and is n ot debatable except to set the date and tim e to which the meeting is adjourned to consider the unfinished busine ss. T he purpose of a m otion to adjourn is t o terminate the meeting forthwith, notwithstanding that the business o n the agenda has not b een completed, and notwithstanding a time fixed for adjournment has not yet ar rived.

A moti on to adjourn sha ll be in orde r at any time, e xcept as follows: (i) when repeated without intervening business or discu ssion; (ii) when made as an interruption of a Councilmember while speakin g; (iii) when a motion to close discussion has been made; and (iv) while a vote is being taken.

(3) Motion to Take a Recess: A motion to take a recess r equires a second, is amendable, but is not debatable. The purpose of a motio n to take a recess is to interrupt the meeting. The custom and practice of the City Council is that the Mayor will sense the need for and consensus for short recess es and declare s uch without formal motion; a f ormal motion is intended to be used when there is not an apparent consensus.

(4) Motion to Raise a Question of Personal Pri vilege: The r ight of a Councilmember to add ress the City Co uncil on a question of pers onal privilege shall be limited to cases in wh ich the Councilmember's integrity, character, or motives are questioned, or to when the welfare of the City Council is conce rned; the maker of the motion may interrupt another speaker if the Mayor recognizes the “privilege.” T he motion does not require a s econd, is not amendable, and is not debatable.

(5) Motion to Raise a Poi nt of Order (Call for Age nda Adherence): A motion t o raise a poi nt of order or ca ll for agenda adherence does not require a second, is not amendable, and is not debatable. The purpose of the motion is to que stion whether a matter being discussed is adhering to the agenda item being considered.

The custom and practice o f the City Counci l i s that the Mayor w ill sens e the consensus of the City Council to take agenda items out of order, in order to expedite the e fficient conduct of th e meeting. A formal motion to change the agenda order of business or a formal motion to call for Council agenda adherence is intended to be used when there is no apparent consensus.

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(6) Motion to Table: The purpose of the motion is to terminate further consideration of the subject b eing discussed, without q ualification. The effect o f the motion, if approved, is to not only end discussion on any other motion being considered, but to preclude any other motion bei ng made. A motion to tabl e requires a second, i s not ame ndable, and is not debatable. If the intent of the motion is actually to interrupt business for more urgent business, a motion to postpone or continue to a time certain at the same or another meeting shall be sued used instead of a motion to table. If the intent is to postpone i ndefinitely, a motion to postpone indefinitely shall be used in place of a motion to table. If the intent of the motion is to actually qualify terminatio n of any further consideratio n, a motion to postp one or continue, or some ot her main potion should be u sed instead of a motion t o table.

No motion to “tak e from the ta ble” shall b e recogn ized, either at the s ame or subsequent meeting. The foregoing shall n ot preclude any Councilmember from placing the subject on an agenda for a la ter City Council meeting, under Council Referrals.

(7) Motion to Close Discus sion or Debate: A motion to close discussion requires a second, is not debatable and is not amendable. It applies to all previous m otions on the subjec t un less otherwise specifie d by the maker of the motio n. If the motion to close discussion fails, discussion is reopened; if the motion passes, then the Mayor shall call for the vote on the pending motion. T he p urpose of the motion is t o close discussion o n pe nding motions without q ualification. The custom an d practice of the City Co uncil permits the Mayor to terminate discussion upon sensing the consensus of City Council to do so without a formal motion. The custom and practice of the C ity Council also per mits the Mayor, reflecting the conse nsus of the City C ouncil, to consider a mot ion to close discussion, t o state such consensus an d declar e tha t the vote will be on the pending motion.

(8) Motion to limit o r Extend Discussion or Debate : A motion to limit or extend discussion or deb ate requi res a second, is a mendable and is not debat able. The purpose of the motion is to limit the time individual members of the City Council may speak on th e subject or motion b eing considered, or to extend the time limit previously fixed.

(9) Motion t o Postpone to Time Certain or Continue to a Certain Time: A motion to postpone to a time certain or con tinue to a certain time is amendable, and is debatable a s to the propriety of postponement and as to time se t in the motion. The purpose of the motion is to postpone the subject unde r discussion to another, specified time and date, if the continuance is to another date and meeting.

(10) Motion to Refer to Staff Advisory Body or Of ficer: A motion to refer requir es a second, is amendable, and is debatable only as to the propriety of referring. The substance of the subject being refer red shall not b e discusse d at the t ime the motion to refer is mad e. The purpose o f the motion is to se nd the subject to the

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City Mana ger, advisory body or other City officer for further s tudy and report back to City Council, at which time the subject will be fully discussed.

(11) Motion to Substitute M otion: A motion t o su bstitute the motion under consideration with another motion requ ires a second, is not amendable, and is debatable. A motion to substitute must be germane to the subject and compatible with the underlying purpose of the motion under consideration; and if passed, the substitute motion will, by its own action, eliminate t he necessity to vo te o n the motion being substituted. If the substitute motion fails to pass, debate will resume on the motion previously being considered.

(12) Motion to Amend Motion: A motion to amend a motion requires a s econd, is amendable, and is deb atable only when t he m otion to which it appli es is debatable. A motion to amend an amendment is i n order, but one to amend an amendment to an amendm ent is not . A n amendmen t mod ifying a mot ion is in order, but an amendment rai sing an independent question or one that is not germane to the main motion s hall not be in order. Amendme nts take precedence over the main motion and the motion to postp one indefi nitely. Am endments to amendments are vot ed o n first, the n the amendment, then the main motion as amended.

(13) Motion to Post pone Indefinitely: A motion to postpone indefinitely req uires a second, is not amendable, and is debatable. If the motion is adopted, the principal question shall be declared lost. The purpose of the motion to postpone indefinitely is to avoid a direct vote on the main motion or on any other motion on the subject under discussion. It s correct use is when the intent is to sp ecify qualifications or conditions upo n which the City Council wou ld again consider the subject. It should not be conf used with the moti on to table, which is a mea ns of terminating consideration of a subject without qualification.

(14) Motion to Reconsider: A motion to reconsider any action taken by City Council may be made only immediately following the final action on the agenda subject under discussion and prior to the C ity Council taking u p another agenda subjec t for consideration. A mot ion to reconsid er requires a second , is debatable, and is not amendable. Such mot ion must be made by a Councilmember who voted on the prevailing side o f th e final action, but may be secon ded by any Councilmember. A motion to recon sider shall have precedenc e over all othe r motions. The purpose of a motio n to reconsider i s to bring back the matter for consideration. If a motion to reconsi der fails, it may not itself be reconsidered.

Reconsideration may not be moved more than once on the same motion.

(15) Motion to Reschedu le: Notwithstanding paragraph (14), a Councilmember who voted on the prevailing side of a motion which disposed of an agenda item, may at any time during the next meeting following the action taken, make a motion to reschedule the subject fo r further consi deration at a future meeting; provided the Mayor m ay p ostpone the motion until the conc lusion of whatever other agenda

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item is under dis cussion. The motion to resc hedule re quires a second, is not debatable, and is not amendable. The maker of the motion may make a very brief statement of r eason for the mot ion. If the moti on passes, the Mayor shall determine by consensus or vote, the meeting date at which the subject shall be rescheduled, which s hall take into consider ation whatever publication of notice and any specia l notice t o i nterested parties that may be r equired. If a Councilmember, whet her or not voting on the prevai ling side, wants t he C ity Council to “reconsi der” a su bject upon which fin al action has been take n by the City Council, and the Councilmem ber is pre cluded fro m m aking a mo tion to reconsider or reschedule pursuant to paragraph (14) and the foregoing provisi ons of paragraph (15) the Councilmember may s eek such “reconsideration” by scheduling the subject as a “Council Referral” o n a subsequent agenda.

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APPENDIX B

COUNCIL TRAVEL BUDGET AND EXPENSE REIMBURSEMENT
POLICY

CITY OF FREMONT

COUNCIL TRAVEL BUDGET

AND EXPENSE REIMBURSEMENT POLICY

On April 8, 1997 , the City Council ad opted its Council Trave l Budget and Expense Reimbursement policy, which it amended on February 28, 2006, to incorporate the provisions of California AB 1234. The following merges th e amendments into the originally adopted poli cy statement.

Section 1:

It is the policy of the Ci ty Council of the City of Fremont that C ouncilmembers and the Mayor be reimbursed for actua l and necessary expenses incurred in the performance of official dut ies, subject to budget, applicable laws, standards and procedures established by Council.

Section 2:

Reimbursable expenses are limited to those which would be deductible business expenses under IRS regu lations and are incurr ed i n c ompliance with IRS “acco untable” plan requ irements.

Expenses will fu rther com ply with the City’s Administrative Regulati on 3.2 (Authorized Business Travel), whe re applica ble. An ex pense will no t be reimbursable if it is paid for or reimbursed by another entity or person. Subje ct to the foregoing, actual and necessary expenses will be reimbursed to t he Mayor or any Council member if they arise from or are incurre d in connection with the following type of occurrence:

A. Communicating with representa tives of regional, state and na tional government on City adopted policy positions;

B. Attending educatio nal seminars or seminar s designed to improve offi cials’ skill a nd/or information levels;

C. Participating in regi onal, state and national organization s wh ose activities affect the City’s interests;

D. Attending City events and City sponsored functions;

E. Implementing a City approved strategy for attr acting or reta ining businesses to t he City, which will typically involve at least one staff member;

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F. Where expenses are incurred after being approved by the City Council in advance of their incurrence;

G. Where expenses that a re otherwise reasonable un der this polic y if pre-approved by the City Council are incurred unexpectedly and under emergent circumstances while on City business, and where the re quired City Council pre -approval cannot be obtained because of the circumstances.

Section 3:

All claims for reimbursem ent shall be submitte d to the Fina ncial Services Of fice on forms provided by the City, s igned and certifying that expen ses were incurred in connection with an occurrence of the type specified i n Section 2 of this Pol icy. All expense claim fo rms shall be completed to show the general nature of the expenses incurred, such as travel, meals, tel ephone; the time and place incurred; names of guest in attendance; the relationship of all expenses to City business; and compli ance with the expense reim bursement poli cies conta ined in thi s Policy.

Only ex pense claims providing full disclosure and showin g co mpliance with this policy a nd supported by receipts or sufficient other documentation will be reimbursed.

Section 4:

As part of the adoption of the a nnual operating budget each fiscal year, the Cit y Council will allocate an indiv idual appropriation am ount for Council travel and exp ense reimbursement for each Councilmember and the Mayor. Such allocation may not be exceeded wit hout approval of the City Council. To t he extent an individu al annual bud get a llocation is exceeded witho ut Council approval, such excess will be the responsibility of the Councilmember or Mayor.

Section 5:

A separate amount will b e budgeted each fiscal year for nondiscretionary expenses incurred by the Council for group activities to which all Councilmembers and the Mayor are invited, such as, but not limited to Council/Commis sion meetings, Council/staf f meetings, and Council hosti ng City guests. The Co uncil may allocate an addi tional amount each fisca l year to b e used for Council-approved participation in unusual or non-recurring activities.

Section 6:

Quarterly itemized rep orts of expenses incurred b y Councilmembers and the Mayo r will be prepared by t he Financial Services Dire ctor and provi ded to the City Counc il by the Cit y Manager. This report is in addition to any other periodic budget reports the Council may receive.

Section 7:

A City credit car d may be issued to a Councilm ember or the Mayor upon request. No personal charges, includin g but not limited to charges for a lcoholic beverages, p ersonal tel ephone calls from hotel rooms while on business trips , and nonbusiness side trips, may be made on a City credit card, except th at, in order to facilit ate express check -out, tel ephone access charges an d charges for similar services may be mad e on a City cre dit card and then offs et against the per diem allowance. Documentation for the per diem allowance and the related deduction fo r any amounts claimed t hrough use of a City credi t card and mea ls include d in any co nference registration fees mus t be submitted with all other receipt s at the completion of the trav el. All

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receipts for charges on a City credi t card, including the documentation requirements specified in Section 3, shall be submitted to the Fin ancial Services Office w ithin five days o f incurrence of the charge or completion of the travel, whichever is later.

Section 8:

All travel arrangements, except usage of a personal vehicle, shall be made by the City Manager’s office at the most e conomical fare availa ble consisten t wit h the availa ble travel time of the individual mak ing the trip. Government and g roup rates must be used for lodging and transportation when available. Unless otherwise specified, expenses meeting the ra te limitations imposed by Section 2 of this policy are considered reasonable.

If the travel includes a no nbusiness side trip, the Ci ty Manager’s offic e w ill make the travel arrangements so that the business portion of the cost ca n be identified. In this situation, the cost of the travel will be paid f or by the individual and a City credit card may not be used to pay for the travel arrangements unless the total cost of the nonbusiness side trip is less than the total cost of the b usiness portion of the tri p, in which ca se any ext ra costs re sulting from the inclusion of the nonbusiness side trip will be the responsibility of, and will be paid for by, the individual. If the trip is wholly p aid for by the indiv idual making a nonbusin ess side trip, then an exp ense claim for reimbursement of the expenses rel ated to City busi ness must be su bmitted at the completion of the trip for the individual to be reimbursed. Notwithstanding the foregoing, a City credit card may be used to pay for the trip if the individual pays the City for the nonbusiness side trip expenses in advance of the arrangements being made by the City Manager’s office.

Unless the City Council approves the expense in adv ance, no expense will be reim bursed that exceeds the following rates:

A. Air Fare: Allowable air tra vel costs s hall be calcu lated by using th e shortest and most direct route with the least number of en -route stops. All air tra vel shall be booked as far in advance as possible, so as to receive the lowest fares possible except where the lowest fare is for an overnight flight, which may be chosen by the individual, but is not required.

B. Personal Vehicle Use: The federal mileag e rate for business use of a taxpayer’s private vehicle, as published by the In ternal Revenue Service of the United Sta tes of Ame rica, will be multiplied by the number of miles traveled in an individual’s pe rsonal vehicle to determine the maximum expense reimbursement allowed.

C. Use of City Vehicle: When City vehicles are available their usage is encouraged, but not required. Ex penses for gasoline and emergency repairs which are reas onable under the circumstances and in the locality where the vehicle is operated will be reimbursed.

D. Lodging: If lodging e xpense is incurred in c onnection with a conferenc e or organized educational activity specified in Government Code Section 53232.2(d), then the lodging costs shall not exceed the maxi mum group rate pub lished by the conference or activity sponsor, provided t hat lodging at the grou p rate is available when b ooking the reservation. If the gro up rate is no t the n available, then lodging e xpenses that are comparable and that are otherwise co nsistent with the expense reimbursement policy and

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do not exceed $300.00 p er night shall be deeme d reasonable and shall be subject to reimbursement. Lodging costs not inc urred in connecti on w ith a confe rence or educational activity that are otherwise consistent with this expense reimbursement policy and less than $300.00 per ni ght are considered reas onable and shall be subjec t to reimbursement.

E. Meals: The Mayor and each Councilmember will be entitled to reimbursement for meals and associated gratuities in an amount equivalent to the per diem rate for City employees; however, they are required to submit supporting documentation as required by Section 3 of this Policy. Where meal costs prevailing in the locality to which the individual has traveled exceed the City’s per diem rate, actual meal and associated gratuity costs will be reimbursed if not lavish or extravagant. Alcohol and bar expenses will not be reimbursed without prior City Council approv al. Where a conferenc e or other organized activity includes a meal or meals as part of the costs of the ac tivity no separate m eals will be reimbursed without prior City Council approval.

F. Other Expenses: Actual and reas onable incidental costs incurred for travel away from home, considering all the circumstances, will be reimbursed for: Telecommunication and fax charges, tele phone expenses, laundry and/or dry cleaning charg es, parking, s huttle, and taxi, and other miscellaneous necessary expenses.

Section 9:

A report on th e ac complishments of any busine ss trip shall be m ade at the next regularly scheduled City Council meeting after the individual’s return from the trip.

ADOPTED April 8 , 1997, by the City C ouncil of the City of Fremont, as Resolution 9129, and subsequently amended February 28, 2006, by Resolution 2006-12.

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Appendix C

I. Overview and Purpose:

In October 2011, the City implem ented a paperless Council A genda Process. As part of the paperless agenda process, Councilmembers received electronic tablets to facilitate the delivery of the paperless agenda packet. It should be note d t hat Councilmembers also have the option to purcha se the electronic tablet in the event tha t the use may exceed incidental private use, and may also receive a monthly stipend for the dataplan.

Uses that fall outside of incidental private use include:

o Private, commercial or business related activities
o All campaign activity, including political endorsements

The purpose of Appe ndix C is to also include Administrative Regulation 1. 14 – Use of Electronic Communications and the Int ernet as well as provide th e below added policy related to the Use of Electronic Devices during Council Meetings.

II. Use of E-Communication and Electronic Tablets during Council and Closed Session Meetings:

City Council members shall not use electronic devices at any time durin g a meeting of the City Counci l or at Closed Session at which he or she is in a ttendance, wit h the exception of th e use of ele ctronic tablets du ring such meet ings, these can be use d fo r accessing City Council Age ndas and Reports (and relative subject matte r n otes u sing City-sponsored s oftware). Electronic tablets may not be used for e-mail or oth er e - communication during Council or Closed Session meetings.

The foregoing limitati on s hall not apply to receipt of telephone calls or text messages from famil y m embers in the event of an u rgent family matter. The Council member wishing to respond to such a me ssage during the meeting shall do so durin g a recess or shall excuse him or he rself from the meeting to place the return call o r text in a manner that does not disrupt the meeting.

PAPERLESS COUNCIL AGENDA PROCESS

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Appendix D

I. OVERVIEW AND PURPOSE:

The Mayor and City Council are always pleased to learn about the accomplishments, contributions, and milestones of Fremont residents and community organizations / businesses. From time to time, the Mayor will recognize extraordinary Fremont residents and community members through letters, certificates, proclamations, and adjournments.

Instructions for requesting these forms of recognition are on the City webpage www.fremont.gov/recognition.

The City receives many requests for ceremonial items from various entities and residents.

All requests should be made by community members in the City of Fremont, organizations or businesses physically located in Fremont, or organizations whose primary mission is to provide some service to Fremont residents. The Office of the Mayor reserves the right to decline or modify requests and make exceptions to any of the following guidelines.

The City receives many requests for ceremonial items from various entities and residents.

These types of requests are awarded at the discretion of the Mayor. Requests should be received no later than three weeks before the requested/required date to provide staff with adequate time to approve and prepare the ceremonial document. Once a request is received, it will be forwarded to the Mayor and City Staff. Mayor will approve or respond with a reason for denial. City Staff will process the approved documents, and schedule for a future City Council Meeting, or send to the requestor.

II. TYPES OF REQUESTS AND CRITERIA:

The following is a brief explanation of the various types of requests and criteria:

A. CEREMONIAL RESOLUTIONProclamations for Exemplary Service

Purpose: Official decree aAwarded for exemplary service to the City of Fremont..

Awarded to: Local resident; organization; business; dignitaries; Committee/Commission/Board members; individuals or groups who have made significant contributions to the community; City staff (20+years of service or retiring/leaving with at least 5 years of service); retiring public servants; non-profit corporations; sports teams or individuals who have won state, regional or national titles; acts of heroism as defined by police, fire, etc.; persons who deserve a commendation for their community contribution; significant anniversary or birthday; member of U.S. Armed Forces who has provided special service; to name a few examples.

REQUESTS FOR CEREMONIAL RECOGNITION

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PROCLAMATION
B. Proclamations Honoring Events or Activities

Purpose: Generally, proclaims certain periods of time (days, weeks, or months) in honor of an event or activity. Civic celebrations; organizations contributing to the economic development of the City; issues with widespread community interest with a primary emphasis on requests in support of City Council’s goals and objectives; significant community based events; significant anniversaries of City of Fremont based institutions, corporations, community partners, and non-profit organizations; fundraisers benefiting the citizens of Fremont (e.g., American Red Cross Month, Bike to Work/School Day, Arbor/Earth Day, Ducks for Buck$).

B.C. CERTIFICATE OF RECOGNITION OR APPRECIATIONCertificates of Recognition or Appreciation

Purpose: To express recognition or appreciation for exemplary service rendered to the City of Fremont when a resolutions, proclamations, etc. are is not appropriate due to number of persons or the fact that some individuals have already received commendations (e.g., FUSD retiring teachers, Elks Lodge, Fire, Police, and Honorees).

Awarded to: Individuals or groups.

C.D. SPECIAL PRESENTATIONS AT CITY COUNCIL MEETINGSpecial Presentation at City Council Meeting

Purpose: To receive any type of the above types of recognitions during a City Council meeting, or to present the City with an award (e.g. recognition).

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Proclamations:
• January – Dr. Martin Luther King Jr. Day & Beyond
• January – Recognition of the Annual Dr. Martin Luther King, Jr. Commemoration • February – Congenital Heart Defect Awareness Week
• February – Honoring Black History Month
• March – Women’s History Month
• April – Arts, Culture, and Creativity Month
• April – as Community College Month
• April – Fair Housing Month
• April – Arbor Day
• May – Jewish Heritage Month
• May – Asian Heritage Month
• May – Affordable Housing Month
• May – Fremont Bike Month
• May – National Children's Mental Health Awareness Day • June – Pride Month
• June – National Gun Violence Awareness Day
• June – Recognizing Juneteenth
• June – Elder Abuse Awareness Month
• July – National Night Out
• July – Summer Learning Week
• July – Parks & Recreation Month
• September – 9/11 Remembrance
• September – National Traffic Safety Recognition
• October – Children’s Environmental Health Month
• October –Domestic Violence Awareness Month
• October – Hispanic Heritage Month
• November – Lung Cancer Awareness Month
• November – Bay Area Stands United Against Hate Week
• November – Sikh Awareness and Appreciation Month
• November – Native American Heritage Month
• November – Filipino Heritage Month
• November – Veterans Day
• November –Transgender Day of Remembrance

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