3650 SCHRIEVER AVENUE MATHER, CA 95655
RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
Payments will be made on a reimbursement basis using the enclosed Hazard Mitigation Reimbursement Request Form. A ten percent (10%) retention will be withheld from all reimbursement payments and will be released as part of the subaward closeout process.
Reimbursements can be made only for items listed on the approved subaward application. Expenditures for any other work should be separately maintained and are the sole responsibility of the subrecipient. Any funds received in excess of current needs or approved amounts, or those found owed as a result of a final inspection or audit, must be refunded to the State within 30 days of receipt of an invoice from Cal OES.
When mailing documents to the Recovery Financial Processing Unit, please use the following address:
California Governor’s Office of Emergency Services
Attention: Recovery Financial Processing Unit
3650 Schriever Avenue
Mather, CA 95655
For further assistance regarding post-obligation documents or the reimbursement request process, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at [email protected]. For program-related questions, please contact the Hazard Mitigation Grants Programs Unit at (916) 328-7450.
Recovery Financial Processing Unit
Enclosures
c: Subrecipient’s Project File
*The Recovery Financial Processing Unit has universal resolution No. 2020-09, passed on 03/27/20, on file. A copy of the resolution is included in this package for your review. With the permission of an Authorized Agent, the resolution can be applied to this project.
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Attachment: Award Package (4714 : ACCEPT AND APPROPRIATE HAZARD MITIGATION GRANT FUNDS TO UPDATE THE LOCAL HAZARD
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Attachment: Award Package (4714 : ACCEPT AND APPROPRIATE HAZARD MITIGATION GRANT FUNDS TO UPDATE THE LOCAL HAZARD Fremont City Council Meeting: 10/18/22 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Affordable Housing
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4723) DOC ID: 4723
Updated: 10/13/2022 11:52 AM by Alberto Quintanilla Page 1 BOND ISSUANCE FOR PACIFIC WEST COMMUNITIES, INC - Public Hearing (Published Notice) in Accordance with the Tax Equity and Fiscal Responsibility Act (TEFRA) to Consider the Issuance of Tax-Exempt Bonds by California Municipal Finance Authority (CMFA) for Fremont Pacific Associates II, LP. (Osgood Apartments South)
Contact Persons:
Name: Mario Rosas David Persselin
Title: Budget and Treasury Analyst Finance Director
Div/Dept: Finance Department Finance Department
Phone: 510-494-4637 510-494-4631
E-Mail: [email protected] [email protected]
Executive Summary: The California Municipal Finance Authority (CMFA), a joint exercise of powers authority of which the City is a member, has been asked by Pacific West Communities, Inc. to serve as the conduit issuer of tax-exempt bonds for the Osgood Apartments South affordable housing project (the “Project”) in the City of Fremont. CMFA may not approve the bond financing unless and until the City Council approves the bond issuance after conducting a public hearing (referred to as a “TEFRA hearing”).
The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) mandates a public accountability procedure involving the legislative body of a local agency in which a proposed project (to be funded with tax-exempt bonds) is located. The TEFRA hearing is intended to provide members of the community an opportunity to speak on behalf of or against the proposed project. Once the TEFRA hearing has been conducted, the City Council is then asked to adopt a resolution approving the issuance of tax-exempt bonds for the project.
The bonds will be issued as limited obligations of CMFA, and the City will have no liability with respect to the bonds or any role to play in the bond issuance other than the TEFRA hearing.
Staff recommends that the City Council conduct a public hearing in accordance with the Tax Equity and Fiscal Responsibility Act and adopt a resolution approving the issuance of tax - exempt bonds for the Project.
BACKGROUND: CMFA has been asked by Pacific West Communities, Inc. to serve as the conduit issuer for the project in the City of Fremont. CMFA may not approve the bond financing unless and until the City Council approves the bond issuance after conducting a TEFRA hearing.
DISCUSSION/ANALYSIS: Pacific West Communities, Inc. (“PWC”) was formed as a real estate development and financing firm, specializing in the construction and rehabilitation of affordable workforce housing throughout the western United States. With a particular emphasis on the use of the affordable housing tax credit, PWC and its related companies develop multi-family and senior housing in the states of California, Arizona, New Mexico, Utah, Oregon, Montana, Idaho, Nevada, Colorado, Washington, and Wyoming. Currently
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Staff Report (ID # 4723) Meeting of October 18, 2022
Updated: 10/13/2022 11:52 AM by Alberto Quintanilla Page 2 PWC owns and operates approximately 110 developments with over 6,000 units of affordable housing.
The proposed project, Osgood Apartments South, is a 100-unit family new construction rental project located at 41911 Osgood Road, in Fremont. With a mix of 50 studio units, 25 two-bedroom units, and 25 three-bedroom units, the proposed project will provide affordable housing for families residing in Alameda County.
The units will be newly constructed apartments in one six-story residential building. The type of construction will be wood frame supported by perimeter foundations with concrete slab flooring. There will be five residential stories built over one level of concrete podium parking. Residents will enjoy amenities such as a community center, exercise room, and an outdoor children’s playground. An on-site resident manager will provide assistance and management while residing in a three-bedroom manager’s unit. Within the units, residents will enjoy standard features including refrigerators, exhaust fans, dishwashers, disposals, and ranges with ovens. The design of these apartments will adhere to all necessary requirements and mandates that the local jurisdiction deems appropriate.
Affordability: As detailed below, all rents will be reduced to an affordable level for very low and low-income households.
Percent of Restricted Rental Units in the Project: 100%
• 10% (10 Units) restricted to 30% or less of area median income households; • 25% (25 Units) restricted to 50% or less of area median income households; • 48% (47 Units) restricted to 60% or less of area median income households; and • 17% (17 Units) restricted to 80% or less of area median income households. • 1 manager’s unit
Unit Mix: Studio, 2- and 3-bedroom units
Term of Restriction: 55 years
TEFRA Hearing: TEFRA mandates a public accountability procedure involving the legislative body of a local agency in which a proposed project (to be funded with tax-exempt bonds) is located. The TEFRA hearing is intended to provide members of the community an opportunity to speak on behalf of or against the proposed project. Notice of the public hearing must be published in a newspaper of general circulation at least seven days prior to the date on which it is scheduled. To comply with federal tax laws, as well as with CMFA policy, once the TEFRA hearing has been conducted, the City Council is asked to adopt a resolution approving the issuance of tax-exempt bonds for the project.
Project Financing: The costs of the project are estimated to total approximately $66 million. A large part of the project costs, up to $41.4 million, are proposed to be financed through multi-family housing revenue bonds issued by CMFA, with Low Income Housing Tax Credits as the other principal funding source. On November 2, 2021 the City Council approved a loan of $6.0 million from the Affordable Housing Development Fund (Fund 196) for this project. Other funds will be coming from the General Partner and Equity. A summary of the estimated sources and uses of funds for the project is presented in the following table.
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Staff Report (ID # 4723) Meeting of October 18, 2022
Updated: 10/13/2022 11:52 AM by Alberto Quintanilla Page 3
FISCAL IMPACT: None. The bonds will be issued as limited obligations of CMFA, payable solely from revenues and receipts derived from a loan to be made by CMFA to Fremont Pacific Associates II, LP with the bond proceeds. The City bears no liability with respect to the issuance of the bonds. Further, the City is not a party to any of the financing docum ents related to the bond issuance and is not named in any of the disclosure documents describing the bonds or the proposed financing.
The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Fremont, it is expected that that a portion of the issuance fee will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the Cit y.
ENVIRONMENTAL REVIEW: Not applicable.
ATTACHMENTS: None.
ATTACHMENTS:
• Draft Resolution- Osgood South TEFRA
RECOMMENDATION:
1. Hold a public hearing in accordance with the TEFRA;
2. Adopt a Resolution Approving the Issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority for the purpose of financing an affordable housing project in the City of Fremont to be developed by Fremont Pacific Associates II, LP Estimated Sources of Funds Estimated Uses of Funds
Tax-Exempt Bond
Proceeds
$34,409,000
New Construction $39,131,382
Deferred Developer Fee $7,921,790 Developer Fee $7,921,790 Recycled Tax-Exempt
Bond Proceeds
$7,000,000 Soft Cost, Interest, etc. $5,410,188
City of Fremont-
Affordable Housing Loan
$6,000,000 Hard & Soft Cost Contingency $4,500,000
Taxable Bond Proceeds $6,000,000 Land Acquisition $4,255,000 LIH Tax Credit Equity $3,721,742 Cost of Issuance/Financing Cost $2,834,172 Deferred Costs $665,763 Architectural & Engineering $1,000,000 Reserves $665,763
Total Sources $65,718,295
Total Uses $65,718,295
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Resolution No. 2022-XX Page 1 of 2
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $ 50,000,000 FOR THE
PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION,
CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF OSGOOD
APARTMENTS SOUTH AND CERTAIN OTHER MATTERS RELATING
THERETO
WHEREAS, Fremont Pacific Associates II, a California Limited Partnership (the “Borrower”), a partnership of which is Pacific West Communities, Inc. (the “Developer”) , or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $ 50,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a mul tifamily rental housing project located at 41911 Osgood Road, Fremont, California (the “Project”); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Fremont (the “City”) because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF FREMONT AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
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SECTION 2. The City Council hereby approves the issuance of the Bonds by the Authority.
It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of: (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having juri sdiction over the area in which the Project is located, in accordance with said Section 147(f), and (b) Section 4 of the Agreement.
SECTION 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.
SECTION 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any finan cing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.
SECTION 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.
SECTION 6. This resolution shall take effect immediately upon its adoption.
ADOPTED, ____________, 2022, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ________________________________________ City Clerk City Attorney
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Attachment: Draft Resolution- Osgood South TEFRA (4723 : BOND ISSUANCE FOR PACIFIC WEST COMMUNITIES, INC.) Fremont City Council Meeting: 10/18/22 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Presentations
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4726) DOC ID: 4726
Updated: 10/14/2022 11:13 AM by Alberto Quintanilla Page 1 FISCAL YEAR 2021/22 YEAR-END REPORT AND 2022/23 BUDGET UPDATE - Presentation of Year-End Results for FY 2021/22 and Recommended Fund Balance Allocation; Update on Revenue and Expenditure Estimates for FY 2022/23
Contact Persons:
Name: David Persselin
Title: Finance Director
Div/Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]
Executive Summary: The FY 2021/22 Year-End Report provides a summary of actual operating results for the General Fund, makes recommendations for allocating the General Fund ending fund balance of $13.2 million, and identifies appropriation actions taken by the City Manager in accordance with Resolution No. 2021-40, a Resolution of the City Council of the City of Fremont Approving and Adopting a Budget for the Fiscal Year July 1, 2021 through June 30, 2022 (the “Budget Resolution”).
In addition, staff will provide a brief update on revenue and expenditure estimates for the current fiscal year, 2022/23.
BACKGROUND: The FY 2021/22 Operating Budget was adopted by the City Council on June 15, 2021, and year-end estimates for General Fund revenues, expenditures, and ending fund balance were included with the FY 2022/23 Proposed Operating Budget presented to the City Council on May 17, 2022.
The audit of the City’s FY 2021/22 financial statements by an independent certified public accounting firm is underway, and the annual comprehensive financial report, including the audited financial statements, is expected to be available by December 31, 2022. To provide the City Council with more timely information about the year just completed, staff has prepared the following information using unaudited amounts. Staff will report on any material audit adjustments at the time the annual comprehensive financial repo rt is provided to the City Council.
This report includes a brief update on FY 2022/23 revenue and expenditure estimates. The FY 2022/23 Mid-Year Report, which will incorporate operating results for the first six months of the current fiscal year, will be presented to the City Council in March 2023.
DISCUSSION/ANALYSIS:
General Fund Operating Results: General Fund revenues and transfers in, totaling $280.3 million, are $12.5 million higher than the May estimate of $267.8 million. This is primarily due to higher than anticipated sales tax revenue. Property tax, business tax, and hotel tax also performed better than anticipated.
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Staff Report (ID # 4726) Meeting of October 18, 2022
Updated: 10/14/2022 11:13 AM by Alberto Quintanilla Page 2 General Fund expenditures and transfers out of $255.3 million were $2.1 million lower than the May estimate of $257.4 million, largely as a result of savings in the public safety departments. Encumbrances, reflecting the portion of the fund balance that has been contractually obligated, but not yet spent, total $1.4 million.
As part of the FY 2021/22 adopted operating budget, the General Fund Contingency Reserve was increased by $3.0 million to meet the Council-adopted policy requirement of 16.7% of budgeted expenditures and transfers out, or $38.6 million. Previously, as part of the FY 2020/21 Year-End Report, the City Council restored and increased the General Fund Budget Uncertainty Reserve to $10.0 million. The resulting net addition to the existing reserves totaled $7.5 million.
The difference between sources of $307.4 million and uses of $256.7 million, along with the increase in General Fund reserves of $7.5 million, yields a FY 2021/22 General Fund ending unreserved fund balance of $43.2 million. The unreserved fund balance includes $22.1 million of federal fiscal recovery funds and another $7.8 million of General Fund prior year net revenues that were appropriated to balance the FY 2022/23 adopted operating budget and the next two years of the forecast, so the available unreserved ending fund balance is $13.2 million.
The table below provides a summary of the May estimates and the actual year end results.
Recommended Allocation of General Fund Ending Fund Balance: Consistent with the City Council’s adopted budget principles, staff will be recommending that the $13.2 million unanticipated ending fund balance be allocated to one-time uses.
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Staff Report (ID # 4726) Meeting of October 18, 2022
Updated: 10/14/2022 11:13 AM by Alberto Quintanilla Page 3 Increase the General Fund Budget Uncertainty Reserve
The Budget Uncertainty Reserve is intended to offset revenue shortfalls resulting from future economic downturns and unanticipated cost increases. The funding level is determined by measuring the level of financial risk over the three-year forecast period, with the goal of providing sufficient resources to maintain service levels while giving the City an opportunity to respond appropriately to its budgetary challenges.
Recognizing both the importance of sales tax and its inherent volatility, as part of the FY 2019/20 adopted budget, the City Council increased the Budget Uncertainty Reserve to a level roughly equivalent to three years of projected sales tax growth. The current reserve level of $10 million is consistent with the three years of growth projected in the FY 2022/23 adopted budget forecast.
However, several factors suggest that the City could be facing even greater budgetary risk over the next several years. First, we’ve experienced significantly greater volatility in sales tax revenue over the last five years, particularly in the new auto sales category. Second, we’re seeing sustained high inflation levels that could ultimately lead to unanticipated increases in costs for services and supplies. Finally, the federal government is aggressively raising interest rates to curb inflation, but potentially at the cost of a recession which could result in lower revenues to the City.
To accommodate those additional risks, staff recommends that $2.5 million of the unanticipated ending fund balance be allocated to increase the Budget Uncertainty Reserve to $12.5 million, approximately 5% of budgeted revenues and expenditures.
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Staff Report (ID # 4726) Meeting of October 18, 2022
Updated: 10/14/2022 11:13 AM by Alberto Quintanilla Page 4 Transfer the Remaining Ending Fund Balance to the Capital Improvement Fund At the City Council Retreat, held on February 25, 2022, staff reviewed a list of critical maintenance and capital replacement needs as well as unfunded future capital investments.
These include major City initiatives such as the parks master plan and the climate action plan, but also replacement of the deteriorating teen center and community center in Central Park, installation of electric vehicle charging stations to facilitate fleet electrification, traffic signal modernization, and technology upgrades.
Although the cost of these unfunded needs far exceeds the resources available, the unanticipated ending fund balance creates an opportunity to make progress on the highest priority projects. To create the capacity to fund some of these projects in the next capital improvement plan, staff recommends that the City Council appropriate the approximately $10.7 million of remaining unanticipated ending fund balance as a transfer to the Capital Improvements Fund.
Appropriation Actions by the City Manager: The Resolution adopted by the City Council to implement the annual operating budget also includes authorization for the City Manager to take additional appropriation actions reflecting the following: (1) carryover of unexpended prior-year encumbrances; (2) cost center revenue increases; (3) grant revenue increases; and (4) increased General Fund revenue directly supported by General Fund expenditures. Included in the Resolution are requirements to report these actions to the City Council at year-end.
The amount of increased appropriations for FY 2022/23 due to unexpended FY 2021/22 encumbrances is $20.1 million. The majority of the carryover encumbrances, $11.4 million, were in the capital projects funds, and the General Fund carryover is $1.4 million . The remaining carryover encumbrances, totaling $7.3 million, are in Gas Tax Funds ($4.8 million), the Environmental Services Funds ($1.5 million), the Development Cost Center Funds ($0.2 million), and $0.8 million in miscellaneous other funds.
Additional donation and fee revenues resulted in increased appropriations by the City Manager as summarized in the following table.
Source Amount Recipient Purpose
ARHelp Donations $ 391,462 Human Services Afghan Refugee Assistance Private Donations 193,708 Family Resource Center Afghan Refugee Assistance Private Donations 22,896 Human Services Giving Hope Program AC Behavioral Health Fees 71,173 Human Services Substance Use Disorder Program County AAA Fees 51,229 Human Services Senior Services
State MSSP Fees 141,928 Human Services Senior Services
Federal CDBG Funds 167,567 Human Services FRC Facility ADA Compliance Development Impact Fees 12,750 Community Development Age Well Center Construction Total $1,052,713
FY 2022/23 Revenue and Expenditure Estimate Update: As labor negotiations were under way when the FY 2022/23 operating budget was prepared, the adopted budget includes 3% placeholder compensation increases over the forecast period. The final labor agreements, completed in July, provide for higher increases. At its meeting on July 12, the City Council requested that staff return in October with an update on current year revenue
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Staff Report (ID # 4726) Meeting of October 18, 2022
Updated: 10/14/2022 11:13 AM by Alberto Quintanilla Page 5 and expenditure estimates and, if necessary, recommended budget adjustments to ensure fiscal sustainability.
The adopted budget incorporates revenue and expenditure assumptions based on the information available in April when the budget was being developed. Significant assumptions include property tax and sales tax revenue, vacancy savings, and compensation increases. Since the budget was adopted, in addition to completion of labor negotiations and the adoption of new MOUs, we have received the property tax assessment roll for the year, two additional quarters of sales tax collection data, and four more months of vacancy savings information.
Based on the new assessment roll, which was certified in August, the City will be receiving approximately $1.8 million more in ongoing property tax revenue than we had assumed based on the preliminary information from the County Assessor’s Office. Additionally, the two additional quarters of sales tax collections suggest that at least $2.4 million of what we believed was one-time revenue related to new auto sales is actually ongoing. Finally, the additional months of payroll data, combined with more in-depth analysis of historical vacancy savings, indicate we should expect significantly higher vacancy savings than projected over the next several years.
The combination of higher ongoing revenues and vacancy savings is projected to more than offset the additional unanticipated labor costs over the forecast period. Consequently, staff is not recommending any adjustments to the current year budget.
As part of the FY 2022/23 Mid-Year Report in March 2023, staff may recommend adjustments to revenue estimates and expenditures to reflect information we’ve received through February which is our usual practice.
FISCAL IMPACT: Approval of staff’s recommendations will increase the General Fund Budget Uncertainty Reserve by $2.5 million and transfer approximately $10.7 million to the Capital Improvement Fund to support capital projects that will be brought forward for City Council approval in June 2023 as part of the 2023/24 – 2027/28 Capital Improvement Program.
ENVIRONMENTAL REVIEW: None required.
ATTACHMENTS: None.
RECOMMENDATIONS:
1. Accept the report and presentation.
2. Increase the Budget Uncertainty Reserve by $2.5 million.
3. Transfer the remaining $10.7 million of unanticipated General Fund unreserved ending fund balance to the Capital Improvements Fund (Fund 501).
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Fremont City Council Meeting: 10/18/22 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 # 4722) DOC ID: 4722
Updated: 10/12/2022 4:09 PM by Alberto Quintanilla Page 1
REVISE 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 to update the Procedure for Requesting Ceremonial Documents and to make minor technical amendments to the Rules and Procedures.
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.
On September 13, 2022, the City Council reviewed proposed edits to the City Council Handbook and provided City staff further direction on revisions, including withdrawing changes to draft Chapter III, Section L(1). 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 legal 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,
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Staff Report (ID # 4722) Meeting of October 18, 2022
Updated: 10/12/2022 4:09 PM by Alberto Quintanilla Page 2 replaces “Events and Meetings” agenda topic with a “Report on Committee Assignments” agenda topic.
• 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: Requires that requests for ceremonial items be received no later than two weeks prior to the requested date.
Also, 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.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: None.
ATTACHMENTS:
• Draft Resolution Approving Council Handbook Update
• Draft Resolution Approving Council List of Annual Ceremonial Celebrations • Draft Council Handbook of Rules and Procedures (Redlined Changes)
RECOMMENDATION: That the City Council:
1. Adopt a resolution amending the City Council Handbook of Rules and Procedures; and
2. Adopt a resolution approving a list of Annual Ceremonial Celebrations.
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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, he City Council now desires to revise various provisions of the Handbook to incorporate technical amendments or clerical improvements discussed by the City Council's on February 25, 2022, and September 13, 2022, 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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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 Handbook specifies that requests for ceremonial recognitions are awarded at the discretion of the Mayor, and the City Council desires to complement that authority by approving a list of annual ceremonial celebrations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY approves a list of ceremonial celebrations, as set forth in Exhibit A, that occur on an annual basis.
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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EXHIBIT A
Annual Ceremonial Celebrations
January:
Dr. Martin Luther King Jr. Day & Beyond
Recognition of the Annual Dr. Martin Luther King, Jr. Commemoration
February:
Congenital Heart Defect Awareness Week
Honoring Black History Month
March:
Women’s History Month
April:
Arts, Culture, and Creativity Month
Community College Month
Fair Housing Month
Arbor Day
May:
Jewish Heritage Month
Asian Heritage Month
Affordable Housing Month
Fremont Bike Month
National Children's Mental Health Awareness Day
June
Pride Month
National Gun Violence Awareness Day
Recognizing Juneteenth
Elder Abuse Awareness Month
July:
National Night Out
Summer Learning Week
Parks & Recreation Month
September:
9/11 Remembrance
National Traffic Safety Recognition
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October:
Children’s Environmental Health Month
Domestic Violence Awareness Month
Hispanic Heritage Month
November:
Lung Cancer Awareness Month
Bay Area Stands United Against Hate Week
Sikh Awareness and Appreciation Month
Native American Heritage Month
Filipino Heritage Month
Veterans Day
Transgender Day of Remembrance
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HANDBOOK
OF
RULES AND PROCEDURES
CITY OF FREMONT
CITY COUNCIL
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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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Amended October 2022
Resolution No. 2022-XX, dated October ___, 2022
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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...........................................................................................23
5. City Clerk Schedule Appointment .............................................................23
6. Vice Mayor as Presiding Officer ...............................................................33 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 ………………………………..4 B. Accepted Protocols for City Councilmembers …………………………………..4 C. Town Hall Meetings ……………………………………………………………...5
Chapter III – City Council Meetings
A. Duties of Presiding Officer. ...................................................................................46 B. Call to Order ..........................................................................................................46 C. Roll Call. ................................................................................................................46 D. Quorum. .................................................................................................................46 E. Lack of Quorum .....................................................................................................46 F. Recognition to Speak, Councilmember .................................................................46
1. Interruptions ...............................................................................................46
2. Challenged While Speaking .......................................................................57
3. Public Hearings ..........................................................................................57 G. Councilmembers’ Obligation after Absence ..........................................................57 H. Deadline for New Business ....................................................................................57 I. Business Items Out of Order ..................................................................................57 J. Tape Recordings ....................................................................................................57
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Chapter III – City Council Meetings (continued)
K. Agenda Format for Regular Meetings ...................................................................57
1. Preliminary .................................................................................................57
2. Consent Calendar .......................................................................................57
3. Ceremonial Items .......................................................................................68
4. Public Communications .............................................................................68
5. Scheduled Items .........................................................................................68
6. Reports from City Attorney6
76. Other Business ...........................................................................................68
87. Items Referred by Councilmembers ..........................................................68
98. Adjournment ..............................................................................................68 L. Components of a Regular Meeting ........................................................................68
1. Consent Calendar .......................................................................................68
2. Minutes. .....................................................................................................68
3. Public Communications .............................................................................79
4. Legislative Matters...................................................................................810
5. City Council Referrals .............................................................................810
6. Appointments ...........................................................................................911 M. Addressing the City Council ..................................................................................91
1. Speaker Card and Speaker Time ..............................................................911
2. One Speaker at a Time .............................................................................911
3. Questions and Comments from the Public...............................................911
4. Addressing the City Council after a Motion is Made ..............................911 N. Continued Agenda Items......................................................................................912 O. Public Hearing Closed .......................................................................................1012 P. Study SessionsSpecial Meetings - Work Sessions.............................................1012 Q. Scheduled Recesses ...........................................................................................1012 R. Cancellation of Meeting .....................................................................................1012
Chapter IV – City Council Meeting Decorum
A. Enforcement of Decorum ...................................................................................1113 B. Courtesy .............................................................................................................1113 C. Noise in the Lobby .............................................................................................1113 D. Crowd Control in Council Chambers ................................................................1113 E. Smoking, Food and Drink ..................................................................................1214 F. Distribution of Literature and Other Materials in City Council Chambers .......1214
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Chapter V – Procedural Rules
A. Rules of Order ....................................................................................................1315 B. Rules of Discussion............................................................................................1315
1. Division of Question ..............................................................................1315
2. Withdrawal of Motion............................................................................1315
3. Voting ....................................................................................................1315
4. Failure to Vote .......................................................................................1315
5. Abstaining from Vote ............................................................................1315
6. Abstention: Conflict of Interest .............................................................1416
7. Tie Votes ................................................................................................1416
8. Appeal from the Mayor’s Decision ........................................................1416
Chapter VI – Boards, Commissions, and Committees: City Representatives and Standing Committee
A. Boards, Commissions and Committees - City Representatives -Standing Committee ..........................................................................................................1517
1. Definitions..............................................................................................1517
2. Application and Appointment Process...................................................1517 B. Appointment to Outside Agencies .....................................................................1719
1. Citizens’ Appointments .........................................................................1719
2. Councilmember Appointment ................................................................1719 C. Removal of Member of Board or Commission or Committee or City Representative ....................................................................................................1820 D. Waiver of Requirements ....................................................................................1820
Appendix A - Procedural Rules
Appendix B - Council Travel Budget and Expense Reimbursement Policy
Appendix C - Paperless Council Agenda Process
Appendix D – Ceremonial Document Request ProcedureRequests for Ceremonial Recognition
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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 Fr emont 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 e lection 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 office 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 o pportunity for each Councilmember elected at a general municipal election to have the opportunity of serving as Vice Mayo r 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 num ber 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 genera l municipal election shall be appointed Vice Mayor for the next eight months. The Councilmember who received the third hig hest nu mber o f 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 o f
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 is in the office of a Councilmember who has not yet served as Vice Mayor during
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his or her term of office, then the Councilmember s next in the orde r of selection pursuant to the above se ction 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 t he 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.
I. Council Position on Ballot Measure(s):
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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 o rder 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 absen ce 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 an nounce 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 C ity 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 Co uncilmember 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 ruled 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, o ther 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 t han 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 Councilmember 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 b e 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 t he 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 Coun cilmember 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.
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:
If ea ch Councilmember has been furnished with a co py of the minu tes prior to the meeting, the minutes may be approved without re ading. If a Councilmember raises a point of cor rection to the minutes of a City
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Council meeting, those minutes will not be approved a t that 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 Councilmembe r’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 underlying project or ot her matter as to which the Councilmember voted in t he minority. An “abstract” is defined here as “a statement summarizing 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 must be submitted the to the City Clerk the following business day.
3. Public Communications:
a. Written:
Subject to th e 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 un til the C ouncil considers those items. However, the City Council is prohibited from extensively discussing or taking acti on on an ite m not 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:
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.
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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 C ouncil 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 prin ted 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;
(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,
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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 a ddress 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 necessary, 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 permission being granted by th e City Counc il, 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 cir cumstances 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 c ontinuance 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 a nswer 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 C ouncil may, 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 future regularly scheduled or special m eeting it shoul d take such acti on at the earliest prior meeting possible. If th e 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 t he 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 sta ff, 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 ou tside the 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 Cham bers. 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 a s it deems necessary. Amendment to or a doption of new City 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 m ore 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 prohibitions 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 s hall 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 no t to vote “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 silence or failur e to vote. A Councilm ember who a bstains 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. Un less 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 presen t, 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 mat ter 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 automatic ally 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 C ouncilmember. When in doubt, the Mayor may submit t he question to the Cit y 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 se rve on County, regional or multi -purpose agencie s, c ommittees a nd commissions to represent the City.
c. Standing Committee:
The only standing committee of the City Council may be the Committee of the Who le. The Mayor, or the Vice May or (in the Mayor’s abs ence) 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 r ecords 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 app lications 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 a pplications 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 , commission or comm ittee without filing a wr itten application 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 applica tions 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 na me 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 fi nal app licant pool. No second to the nom ination sh all 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 nomi nation 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 nomination another p erson’s name from th e po ol. T he 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 Cou ncil for a particular board, commission o r co mmittee expre ssly provides o therwise, no Councilmember s hall be elig ible for a ppointment as a memb er of, or representative or liaison to a City board, commission or committee.
i. Applications: Current List:
A current list 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 remaining 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 appointme nt of an y person, exc ept a Councilmember, as a mem ber 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 Councilmember, 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, an nounce 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 M ayor’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 interfer e 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 gui de to the conduct 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 r emain 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 C ouncil is concerned; 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 mot ion 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 rec ognized, 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 dec lare 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 orde r, but one to amend an amendment to an amendm ent i s 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 s econd, 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 f uture 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 not ice 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 t he 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 Bud get 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 des igned 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 su bmitted 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 in dividual 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 yea r 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 Fi nancial Services Dire ctor and provi ded to the City Council 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 e xpress 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 available 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 rate 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 resulting 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 s ide 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 shall 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 rat e is available when b ooking the reservation. If t he 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 rea sonable and shall be subject to reimbursement. Lo dging 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 Agenda 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 th e 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 w hich 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 C ouncil 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 two 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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3300 Capitol Avenue Div/Dept: City Manager's Office
Fremont, CA 94538 Category: Council Referrals & Appointments
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4733) DOC ID: 4733
Updated: 10/14/2022 8:17 AM by Alberto Quintanilla Page 1 HOMELESSNESS MITIGATION AND RESPONSE - Receive Staff Report Responding to Council Referral to Research and Detail Homelessness Mitigation Strategies and Practices
Contact Persons:
Name: Allen DeMers Laurie Flores
Title: Assistant to the City Manager Homeless Services Manager Div/Dept: City Manager's Office Human Services Department Phone: 510-494-4651 510-574-2040
E-Mail: [email protected] [email protected]
Executive Summary: This staff report is responsive to a Council referral issued by Mayor Mei on September 6, 2022 and provides a general overview of the status of homelessness and mitigation activities in the City of Fremont. City staff are engaged in a multi - disciplinary effort to address homelessness via abatement (environmental, safety and community standard related interventions), affordable housing production and service delivery to the unhoused. Surveys of other cities indicate that abatement and intervention strategies are generally shared in the region and are tailored to each City’s individual needs.
Staff asks Council to receive this report with and intends to return to Council for input regarding policy recommendations following the completion of a draft Citywide Homelessness Response Master Plan.
BACKGROUND:
Homelessness in Fremont in 2022
Fremont’s 2022 Point in Time Count & Survey report, released in August 2022, is the most current and comprehensive data on the state of homelessness in the city. The community count identified that at least 1,026 residents are unhoused, a 68% increase in homelessness from three years ago. Respondents to the survey identified that the cause of their homelessness was largely due to economic factors, many of which were accelerated by the COVID-19 pandemic. Key findings in the point in time count also indicate that:
• People living in cars 30% (311) or vans 25% (252) make up the largest portion of unsheltered homelessness in Fremont.
• The majority of unhoused residents are single males between 25-64 years; although single women are now a larger share of the population than they were in 2019. (45% compared to 32%).
• Almost 50% of Fremont’s homeless population are either employed (14%) or seeking employment (35%).
• 48% of unhoused residents have a disabling condition, which means they live with a long term physical or mental disability that impacts their ability to live independently or take the necessary steps to secure housing. • 22% of unhoused residents are experiencing homelessness for the first time and overall, people that become homeless are staying homeless longer.
On May 3, 2022, the Fremont City Council endorsed the Alameda County Home Together 2026 Community Plan as a commitment to regional collaboration in the fight against
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Updated: 10/14/2022 8:17 AM by Alberto Quintanilla Page 2 homelessness. The plan and accompanying metrics for strategies are a State requirement to track progress of communities toward reducing homelessness. Alameda County is the lead on the plan and regional cities have committed to supporting it.
Substantial Legal Issues Governing Homelessness Abatement Activities Martin v. City of Boise: Limits the City’s authority to arrest or cite individuals who are sitting, lying or sleeping on public property that is open to the public, such as streets and sidewalks, when there are no shelter beds available for the individuals and the ind ividual is not obstructing egress.
Lavan v. City of Los Angeles: Held that the City must give reasonable notice to the owners of the personal property located on public property that the City plans to abate and when the owner cannot be found, the City must hold for the owner to retrieve any abated personal property for a 90-day period.
Center for Disease Control Guidelines: CDC Guidelines and the Regional Shelter in Place order (when applicable) recommends the City to assess and take action to mitigate the risk of contracting or spreading COVID-19 amongst homeless individuals if they are displaced in association with enforcement of abatement activity.
California Vehicle Code: California Vehicle Code (“CVC”) authorizes the City to tow vehicles on public and private property for numerous reasons. If City staff determines it necessary to tow a vehicle being used as shelter, staff generally provide 7 days written notice to the owner. If the vehicle poses an immediate hazard to the community and/or the envir onment, City staff may tow the vehicle without notice. For purposes of enforcement, the CVC authorizes the towing of a vehicle that is found with a registration expiration date in excess of 6 months before the date it is found or operated on the highway, public lands, or the off- street parking facility. The CVC also authorizes the immediate towing of a vehicle that is missing significant parts (such as a wheel or engine) that makes the vehicle a safety hazard to the public. Additionally, the CVC authorizes the towing of a vehicle that is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal and Fremont Municipal Code section 10.05.120 is the City’s local ordinance that authorizes removal of a vehicle parked on any street for more than a consecutive period of 72 hours.
DISCUSSION/ANALYSIS:
City of Fremont’s Current Coordinated Response to Homelessness The City of Fremont currently takes a balanced, multi-departmental approach to abatement and outreach activities. A Homeless Working Group, comprised of representatives from the City Manager’s Office, City Attorney’s Office, Code Enforcement, Environmental Services, Fire Department, Human Services, Public Works/Maintenance Services, and the Police Department, collaborate to respond to community concerns and intervene to resolve or mitigate impacts, stemming from identified encampments. Community-based organizations, and private or public property owners, are frequently included in problem-solving activities.
In 2020, the City hired its first Homeless Services Manager who facilitates response to residents’ concerns and needs, coordinates direct services through the Human Services Department, and coordinates information and action amongst the working group participants.
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Updated: 10/14/2022 8:17 AM by Alberto Quintanilla Page 3 Staff assesses several factors to determine the most appropriate intervention. These factors include prevalence of community complaints, assessment of health and safety hazards, environmental considerations, needs of those encamped on site, and resource availability.
Due to the added complexity during the Shelter in Place Orders of the COVID-19 pandemic, staff developed an internal protocol and communication tool, known as the Good Neighbor Guidelines. Staff uses these guidelines to identify behaviors that are necessary to maintain the immediate health and safety for everyone in the community and assist the City in determining the urgency of potential abatement activities.
Abatement Activities and Coordinated Response
Concentrated Encampments and Community Health & Hazard Interventions: Staff in the Community Services Department Environmental Services Division monitor approximately 200 sites throughout the City. At any given time, 25-30% of the sites are occupied. The 7 largest and continuously populated sites account for approximately 90% of the abatement services allocated by the City and related Environmental Service calls and resources. These high impact sites currently include the following:
• Isherwood
• CABS (Christy Street, Albrae Street, Boscell Road, & Stewart Ave.) • Vallejo Mill Park
• Ardenwood
• Washington Overpass
• Kato Road
• Brown Road
Prior to fiscal year 2022/23, encampment abatement occurred one day out of every two weeks. In fiscal year 2022/23 encampment abatement services were expanded to a minimum of two days per week with an enhanced cleanup scheduled at a high impact sites every six to eight weeks as a result of increasing community demand. Cleanups are led by the Environmental Services Division and enhanced clean-ups typically also include Police Department and Mobile Evaluation Team (MET) intervention, vehicle towing, burned vehicle and illegal structure dismantling, and large quantities of debris removal.
In fiscal year 2021/22 the City of Fremont held 99 cleanup event days at 470 sites. Most sites were cleaned more than once throughout the year. Staff dedicated five days specifically to dismantling nine RVs and campers. Over that fiscal year, staff removed a total of 325 tons of debris, which equates to 3,231 cubic yards. To accomplish this, the City utilized 4,214 abatement contractor hours, in addition to Environmental Services staff effort. In total, the City spent $280,000 abatement contractor costs, $150,000 in Environmental Services staff costs, and $50,000 in disposal costs with vendor Republic Services.
In fiscal year 2022/23, the City began implementation of a site condition index tool at high impact sites to help quantify site conditions. Monthly site condition assessments will be made at these sites which are tied to the complaints, calls for service, and the need for abatement. Staff expect this tool to assist the City of Fremont and its residents to better understand trends, to help prioritize City interventions and guide the City’s resource allocation. Fiscal year 2022/23 activity and expenditure to date indicate that the City will spend $350,000 more in abatement contractor expenses this year than it did in the prior fiscal year, due to the increased need to clean high impact areas.
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Updated: 10/14/2022 8:17 AM by Alberto Quintanilla Page 4 Code Enforcement Activities: The Code Enforcement Division takes the lead in coordinating a response to encampments on private property. Property owners are responsible for nuisance conditions on their property, but many property owners or impacted resid ents look to city officials for assistance in abating these conditions and removing trespassers.
Code Enforcement responds to homeless related concerns reported through the code enforcement phone line, enforcement email, and the Fremont App. Responses include, but are not limited to, contacting the complaining party, investigating the complaint, opening a code case, and coordinating a response with other City Departments as needed. Since 2020, Code Enforcement received and responded to 117 reported homeless related complaints.
Code Enforcement staff are taking on an increased role assisting with homeless related complaints.
When unhoused residents are determined to be trespassing on private property and permission to enforce trespass is granted by the property owner, Code Enforcement completes an investigation of the area. If the encampment is active, the assistance of MET is requested to conduct outreach and provide a trespass warning as needed. Once an encampment is no longer active, Code Enforcement works with property owners to abate nuisance conditions, such as debris that has been left behind.
Since 2020, Code Enforcement has opened, investigated and responded to 55 homeless related code cases.
● 26 of the cases were investigated and determined to be unfounded or resolved upon arrival. Individual(s) had already moved on voluntarily or any debris had already been removed.
● 20 cases resulted in the abatement of an encampment on private property. ● 9 cases involved a referral to another department (most often Environmental Services) to coordinate a clean-up for debris abatement that affected public property.
Code Enforcement also assists with concerns on public property such as streets, sidewalks and parks, which could include an active encampment, belongings or debris that was left behind. Staff conduct site visits to determine if the encampment is active or not. If the encampment is active, staff ensure that public access is not being obstructed and assesses the community impact of the encampment based on the potential for criminal activity, health and sanitation and location. Code Enforcement requests support and outreach from the MET as needed. If the encampment is not active, Code Enforcement staff will place a tag on unattended items at least 72 hours prior to removal.
Public Works Activities: The Public Works Department, including staff from the Maintenance and Transportation Divisions, respond to incidents that have damaged City facilities. Public Works staff also lead efforts to create safe roadways for all residents, pedestrians, and drivers in the city. Over the last two fiscal years, staff have responded to 10 incidents of fire, trespassing, or illegal utility access that have required repair and additional security measures. Damage to streetlighting and wiring infrastructure in the CABS area alone has required over $180,000 in repairs. Over the last four years, staff have responded to 35 incidents related to break-ins that required repair, including broken windows and doors as well as plumbing and electrical damage.
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Updated: 10/14/2022 8:17 AM by Alberto Quintanilla Page 5 In 2020, to address significant safety concerns, Public Works staff provided parking restrictions on the dirt shoulder of Kato Road, an area impacted by commercial truck parking and unhoused residents living in cars and recreational vehicles. The proximity of the vehicles adjacent to high-speed traffic on Kato Road created safety concerns with pedestrians and vehicles entering or crossing the roadway.
In an effort to reduce traffic fatalities, in December of 2021, staff distributed 100 traffic safety kits to the unhoused community to make them more visible when walking or biking within the roadways at night. Since 2019, there have been seven traffic fatalities involving unhoused individuals that were either crossing or walking within the roadway.
Direct Public Safety Response and Intervention: In 2018, the Police Department created a homeless disturbance call type due to the frequency of requests for a patrol response to homeless-related community concerns and as a means of evaluation. From 2019-2021, Fremont had 318,343 total calls for service, of which 10,018 were homeless disturbance calls for service, accounting for approximately 3% of total calls for service in that timeframe.
The City of Fremont’s Mobile Evaluation Team (MET) was established in 2017, and is a collaboration between the Fremont Police Department, the City of Fremont Human Services Department, and the Washington Hospital Healthcare System. MET is a field-based response team that provides comprehensive and compassionate services to Fremont’s most vulnerable populations, including community members experiencing homelessness or mental illness. MET provides crisis intervention and de-escalation and connects community members needing assistance with local mental health and homeless service providers. MET works to support community members engaged in services to pursue healthy outcomes. The City currently has two fully staffed teams that work Monday through Friday during dayshift hours. MET has one police sergeant, two police officers, and three licensed mental health professionals assigned to the team.
The City’s Fire Department also tracks calls for service resulting from or related to homelessness or in service of homeless individuals. In fiscal year 2021/22 the Fire Department registered 364 calls for service related to homeless associated fires and 750 calls for service related to homeless related health issues. In total, the Fire Department estimates that it received 1,436 calls for service in association with homeless residents in 2021/22.
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Updated: 10/14/2022 8:17 AM by Alberto Quintanilla Page 6 Business and Community Engagement
Staff from the Economic Development, Human Services, and Police Departments support business owners and commercial property owners to provide resources and assistance to mitigate the impacts of homeless on the City’s business community. As homelessness increases in Fremont and the surrounding region, Economic Development staff must allocate increasing time to supporting local businesses with this issue, prioritizing business complaints involving security or blight that could influence a business owner’s decision to locate and/or conduct business in Fremont. Key strategies in the effort to support our business community include:
• Development of a condensed guide for businesses providing an overview of the challenge of homelessness and outlining the City's actions to reduce root causes of homelessness and mitigate impacts, and resources and recommendations for businesses and their staff.
• Establishment of a police sergeant as the Downtown Liaison to meet with businesses and downtown stakeholders on issues related to crime and safety concerns. • Engagement with a task force of approximately 20 businesses in Bayside Technology Park on issues of security and associated encampment issues.
The City’s Communications staff regularly coordinate and develop communications to share with the community on a variety of topics related to homelessness. The team utilizes an array of available communication channels including newsletters, social media , press releases and City websites. Over the last year, the City has communicated extensively regarding specific topics related to homelessness. This information has been shared in City N ews. the Fremont Connection and in topic specific department newsletters such as the Human Services Weekly Update, FRC Update and the Development Dig est. In addition to utilizing technology platforms and publications to inform the public, the City regularly hosts in -person and virtual community meetings and responds directly to inquiries of the public on a daily basis. Initiatives inc lude:
o Safe Parking Host Site Program
o Housing Navigation Center Annual Report
o Project Homekey
o 2019 - 2021 Community Housing Program and Safety Statistics Report o Keep Fremont Housed Rental Assistance Program
In the Spring of 2022, with the launch of the new City website, s taff developed a dedicated Homeless Care and Support section. The dynamic page includes information and highlights on programs and services, affordable ho using, prevention, reports and statistics and also includes information on how community members can report a concern.
Human Services Coordinated Direct Service Programs for Unhoused Residents For many years, the Human Services Department has coordinated the effort to provide direct services for unhoused residents in Fremont, through supportive funding or direct service provision. The City has assumed a role as regional lead, providing services for Union City and Newark’s unhoused residents. Staff has categorized programs into three categories: Quality of Life Services, Shelter or Interim Housing, and Housing Solutions.
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Updated: 10/14/2022 8:17 AM by Alberto Quintanilla Page 7 Quality of Life Services: These services consist of programs that provide a form of support and stabilization outside of a shelter or housing setting. These are also programs that deliver basic needs like food and hygiene services, housing navigation support, or resource linkages depending on an individuals’ needs. Many programs are designed as mobile, to meet people where they are at; they are intended to provide resources to improve health and safety outcomes and connect people to available shelter or housing opportunities. • CleanStart – Since 2019, the City of Fremont’s mobile hygiene unit has provided shower and laundry services twice a day, five days a week at a rotation of seven sites. Clothing, snacks, essential items and public health or housing information is disseminated through this program. CleanStart sites are often co-located with hot meal services.
• Safe Parking – Launched in January 2022 following the adoption of a Safe Parking ordinance, the program consists of a monthly rotation at participating faith -based organizations which host residents living in their vehicles overnight. Four faith-based organizations are currently participating as host sites. Since the program launch, 20 individuals have utilized the safe overnight spaces. Five participants have moved into alternative shelter or stable housing placements. The program is dependent on the participation of volunteers and host sites. The Human Services Department links program participants with social support services for employment, public benefits and housing.
• Access Point –Fremont is the only city in Alameda County that directly participates in providing Access Point services (housing drop-in hours) in Alameda County’s Coordinated Entry System, a HUD-mandated system to operate a central entry point to assess and prioritize the most vulnerable for available shelter and housing opportunities. This Center helps address the substantial challenge of quickly sheltering or housing someone who does not have enough income for rent and is not considered high vulnerability for program placement.
• Wellness Center – The Center is a location with access to computers, meals, showers, mental health and housing services. The Wellness Center is operated by Bay Area Community Services (BACS) and the City provides $449,950 in annual operation funds.
Shelter or Interim Housing: These services consist of programs to provide temporary shelter with wrap around services to transition unhoused residents indoors to stabilize and facilitate a transition into longer-term housing arrangements.
• Winter Relief – The Fremont Winter Relief program, largely funded through a grant from Alameda County Social Services, provides seasonal shelter to single adults and families experiencing homelessness. In fiscal year 2021/22, 56 individuals were sheltered, in motel rooms as temporary shelter. 29 individuals transitioned from the Winter Relief program into stable housing or a longer-term shelter; 37 were connected to service providers. Since Winter Relief only operates as a seasonal program, there is a deficit of at least 20 units of shelter between April to November. • Islander Program – The Islander Program, funded through multiple large one-time state grants and COVID relief dollars (CARES, FEMA, HEAP), opened in April 2019.
The former Islander Motel site sheltered a total of 111 individuals from April 1, 2019 – February 28, 2022. Overall, the program experienced a 77% success rate of transitioning households from literal homelessness into housing or alternative community programs. The required closure of the program in February 2022 eliminated 35 shelter units for Fremont.
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Updated: 10/14/2022 8:17 AM by Alberto Quintanilla Page 8 • Housing Navigation Center – Since opening in October 2020 and through June 30, 2022, the Housing Navigation Center has served 83 people with an exit rate of 90% of residents moving into housing (68%), alternative community programs, or institutional settings. The contract for BACS to operate the center is managed through the Human Services Department. Multiple funding sources cover the costs of the program, currently operating at $1.2 million annually. • Sunrise Village – This combined family and single adult shelter has been in operation by Abode for 25 years. Between 2019 and 2021, Abode successfully transitioned 79% of their residents into more stable living arrangements. The City has supported Sunrise Village with $150,000 annually in Social Service Grant funds.
Temporary Housing Solutions and Homelessness Prevention: Housing solutions are a variety of programs that either provide affordable places to live or subsidies to assist with the cost of rent. Homelessness prevention programs decrease the inflow of individuals into homelessness and maintain people in their homes. Homelessness Prevention and Rapid Rehousing programs are most appropriate for households that make enough income to pay for full rent independently within 6 – 24 months of assistance. • Keep Fremont Housed – The City of Fremont received $16.3 million in COVID-19 Relief funds from the State and Federal governments as part of the Emergency Rental Assistance Program. Through the Family Resource Center, the City launched Keep Fremont Housed in April 2021, and distributed all available funds to keep 1,419 families in their homes. Applicants for this support had to demonstrate a hardship due to the COVID-19 pandemic. Families with factors that made them more vulnerable to homelessness were prioritized for the support. • Stay Housed – Managed through the Family Resource Center, this program provides short term, titrated rental support for people who have experienced a hardship and will not be able to pay full rent for a period of time. Since 2020, 37 families have been supported with rental and deposit assistance.
• Rapid Rehousing Subsidies - Since 2012, Human Services has contracted with Abode Services, for $75,000 annually to administer Rapid Rehousing subsidies. Unused funds rollover to subsequent years, and in fiscal year 2021/22, eight households were supported through this form of rental assistance. Additionally, City Council recently adopted a resolution and authorized staff to enter into an agreement with HUD to accept $149,961 in Emergency Solutions Grant funding. • Coordinated Entry Housing Matches – Many Permanent Supportive Housing units and long-term voucher resources are matched through the County’s Coordinated Entry System. These matches are based on a client’s vulnerability. The Human Services Department receives all match notifications for South County and works to identify which community-based housing navigators need additional support.
Creating Additional Affordable Housing in Fremont
The City continues to have strong affordable housing production. There are 33 regulated affordable rental developments totaling 2,288 units in the city. In addition, ten developments are in various stages of the pre-development and construction pipeline, two of which will be placed in service this year adding another 161 affordable units by the end of this year. Between 2023 and 2026, an approximately 1,000 additional units will be added to the City’s affordable housing inventory.
The City has 33 existing developments totaling 2,288 affordable units made up of the following affordability levels as measured by the Area Median Income (AMI):
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Updated: 10/14/2022 8:17 AM by Alberto Quintanilla Page 9 • Extremely Low Income (30% of AMI): 343
• Very Low Income (50% of AMI): 845
• Low Income (80% of AMI): 887
• Moderate Income: 213
The approximately ten developments in the planning pipeline are expected to generate 1,169 affordable units made up of the following affordability levels as measured by the Area Median Income (AMI):
• Extremely Low Income (30% of AMI): 279
• Very Low Income (50% of AMI): 404
• Low Income (80% of AMI): 486
Staff will continue to identify and leverage available funding resources in order to provide additional affordable housing. Staff will closely monitor the upcoming Homekey Round 3 funding opportunity, which is anticipated to be released in the Spring of 2023.
Survey of Abatement Strategies in Use in Other Cities
Pursuant to the Mayor’s September 6, 2022 referral, staff surveyed municipalities in the region to determine if other entities are employing unique strategies to address health hazards, illegal dumping, related clean-up or other activities. By and large, responding cities are employing some mixture of the same strategies Fremont is already employing and which are outlined in this staff report. The primary difference amongst respondents was with regard to volume and prioritization of resources dedicated to particular abatement and service activities. The responses are summarized below:
Abatement Activity Management and Coordination: Most respondents indicate they coordinate abatement and outreach activities in a manner similar to the City of Fremont’s Homeless Working Group.
• The City of Berkeley deploys an inter-departmental Homeless Response Team led by Neighborhood Services staff. Abatement activity typically includes staff from Public Works and/or Parks, Recreation and Waterfront, Police Department, Neighborhood Services, and Environmental Health. Planning and coordination also involve Health, Housing and Community Services (for shelter/CES resource linkages), City Attorney’s Office, and other departments as needed. • City of Hayward utilizes a team of staff from City Manager’s Office, Maintenance Services, Police Department, Fire Department, Code Enforcement, Airport, and Utility and Environmental Services to meet once every two weeks to review encampments and coordinate abatement and response.
• City of Mountain View’s abatement efforts are led by the Police Department, who then coordinates with the Streets Division for clean-up. Resource information is shared by the Police Department, to individuals living at locations subject to abatement.
• City of San Jose recently decentralized encampment response coordination, however the Housing Department continues to oversee outreach and services to individuals residing in encampments while the Department of Parks, Recreation and Neighborhood Services conducts encampment cleanups, abatements, as well as trash, bio-waste and waste management. These departments also work in coordination to be able to offer resources to affected individuals. • City of Redwood City uses a “Homelessness Initiatives Unit”, a multi-disciplinary unit comprised of Police, Fire, City Manager’s Office, Public Works, Homeless Service
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Updated: 10/14/2022 8:17 AM by Alberto Quintanilla Page 10 Manager, and Recreation. In absence of a written protocol, this unit meets regularly to determine interventions on known encampments, and often engages the City Attorney’s Office for guidance. Staff shared that the County of San Mateo is evaluating best practices of encampment management approach and if published, can be shared with this Council.
Abatement Activity Prioritization: Like Fremont, responding Cities assess several key factors when determining the appropriate level of abatement activity/enforcement; largely relying on an assessment of public safety, health and sanitation and location within the community.
• City of Berkeley prioritizes encampment abatement based on the intersection of relative health and safety impacts against shelter availability, and whether staff determines displacing an encampment would create additional negative community impacts.
• City of Hayward developed an internal protocol to prioritize enforcement or abatement of sites with health and safety hazards that were of greater concern than the potential exposure of COVID-19.
• City of San Jose developed a “City Roadmap – Encampment Management and Safe Relocation Policy.” This policy is unique among the cities staff surveyed, in that it prohibits encampments within 150 feet of public access facilities (i.e. libraries, hospitals, and schools).
• City of Livermore has recently focused additional abatement resources on sensitive environmental areas like creeks and riverbeds. This led the City to prioritize disbanding a large encampment located in a creek bed.
Outreach Volunteers: City of San Jose, City of Redwood City, and City of Hayward have contracted with Downtown Streets Team to provide engagement, outreach and varying degrees of beautification in targeted areas of their cities. Downtown Streets Team is a voluntary work experience program that provides case management services to transition participants from homelessness into housing.
Parking Enforcement and Safe Parking Programs: Cities of Mountain View, Redwood City, and East Palo Alto have attempted to pair parking enforcement with the availability of Safe Parking programs. Several respondents indicate that they were unable to provide sufficient services to meet demand. However, staff learned through Safe Parking research, that in partnership with Project WeHope, East Palo Alto successfully eliminated parking on a specific street subject for development. Project WeHope created a temporary safe parking RV program, with a goal to rehouse all families who once resided in the targeted street location.
Next Steps for the City of Fremont
Development of Citywide Homelessness Response Master Plan: The fiscal year 2022/23 budget allocates funding for the city to acquire a consultant for development of a comprehensive homeless response strategy and master plan. Staff are in the process of finalizing the request for proposal (RFP) and will be soliciting proposals in the month of November 2022. The master plan is expected to generate additional options and strategies to address homelessness in Fremont that will require City Council input. City staff will return to Council to present options and seek policy direction upon completion of a draft.
FISCAL IMPACT: N/A.
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ENVIRONMENTAL REVIEW: N/A
ATTACHMENTS: None.
RECOMMENDATION: Receive this staff report responsive to the Mayor’s referral updating the City Council on the City’s ongoing efforts to address homelessness in Fremont.
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