Agenda packet, regular meeting — Fremont City Council, September 19, 2023

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Teresa Cox, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5

City Staff

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

Geneva Bosques, Communications and
Legislative Affairs Director
Allen DeMers, Assistant to the City Manager
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Suzanne Shenfil, Human Services Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Suzanne Wolf, Community Services Director
Fremont City Council Agenda and
Report
September 19, 2023

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)

2. Consent Calendar

3. Ceremonial Items

4. Public Communications

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

6. Other Business

7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments

8. Adjournment

IMPORTANT NOTICE REGARDING THE CITY

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

Please note at this time, Channel 27 is only available
to Comcast cable subscribers. The public may view
the meeting on television and/or online or attend in-
person in the Council Chamber. The lobby doors open
approximately 15 minutes prior to the start of the
meeting. The public is strongly encouraged but not
required to wear masks.

Submission of Public Comments: For those wishing
to make public comments at the September 19, 2023
Council meeting, you may either: (1) submit your
comments by email prior to the meeting, or (2) by
Spoken Public Comment during the meeting. If you
experience technical problems with the telephonic
meeting, please contact the City Clerk’s Office at
(510)284-4060 or [email protected] .

See instructions on next page.

Agenda and Report - Fremont City Council Meeting - September 19, 2023

September 19, 2023 Fremont City Council Agenda Page 2
How to submit Public Communications / Public Comment by email prior to the meeting:

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

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

How to provide Spoken Public Comment during the meeting:
1) Attend meeting in-person in the Council Chamber, fill out a Speaker Card, and submit to the City Clerk. 2) By phone 833-430-0037 (toll free). Webinar ID: 834 7997 3976. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/83479973976
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak.
d. When called, please limit your remarks to the time limit allotted.

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

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

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

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

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

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

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

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

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

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

September 19, 2023 Fremont City Council Agenda Page 3
Agenda
Fremont City Council Regular Meeting
September 19, 2023
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)

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

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

C. ETECH CONSULTING ON-CALL ACCELA SUPPORT TECHNOLOGY SERVICES - Authorize the City Manager or her designee to execute an amendment to the Master Technology Services Agreement with Etech Consulting Inc. to extend the term and increase the not-to-exceed compensation to $400,000.

Contact Persons:

Name: Jennifer Craven Sanford Taylor
Title: Business Manager IT Director
Dept: Community Development Information Technology Services Phone: 510-494-4554 510-494-4802
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or her designee to execute an amendment to the Master Services Technology Agreement with eTech Consulting, Inc., to extend the term by two years from the date of execution and increase the not-to-exceed compensation to $400,000.

September 19, 2023 Fremont City Council Agenda Page 4
D. CENTERVILLE RAILROAD CORRIDOR SAFETY IMPROVEMENTS - Approval of Reimbursement Agreement for Preliminary Engineering with Union Pacific Railroad in the Amount of $245,000 for the Centerville Railroad Corridor Safety Improvement Project (PWC9071); Appropriation Actions; and Make Findings of CEQA Exemption
Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approve the following actions related to the Centerville Railroad Corridor Safety Improvements (PWC9071):

1. Find the action is exempt from environmental review, as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment).

2. Authorize City Manager or designee to execute a Reimbursement Agreement with UPRR in an amount not to exceed $245,000 for preliminary engineering support.

3. Reallocate $280,000 from PWC9041-515 to PWC9071-515.

4. Reallocate $120,000 from PWC8933-531 to PWC9071-531.

E. RADIO SERVICES PROVIDED BY EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY (EBRCSA) - Authorize the City Manager, or Designee, to Issue Purchase Orders for Annual Operating Payments/Renewals and Execute Implementing Documents with EBRCSA for Use of the Public Safety Radio Communications System Contact Persons:

Name: Deirdre Rockefeller-Ramsey Sean Washington
Title: Police Business Manager Police Chief
Dept: Police Department Police Department
Phone: 510-790-6991 510-790-6969
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or designee, to issue a purchase order for the annual operating payment to EBRCSA in an amount not to exceed $312,840 for the one-year period effective July 1, 2023, through June 30, 2024, and execute implementing documents as necessary.

F. HEALTH PROMOTION CONTRACT - Authorization to Contract with Alameda County Health Care Services Agency for Health Promotion Services and Making Findings of CEQA Exemption
Contact Persons:

Name: Karen L. Grimsich Suzanne Shenfil
Title: Family Services
Administrator
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2062 510-574-2051
E-Mail: [email protected] [email protected]

September 19, 2023 Fremont City Council Agenda Page 5
RECOMMENDATIONS:

1. Authorize the City Manager, or her designee, to execute a contract with the Alameda County Health Care Services Agency in the amount of $206,219 for the period of July 1, 2023 through June 30, 2024 for the Health Promoter Project.

2. Appropriate an additional $6,219 in the Ageing and Family Services Behavioral Health Fund (Fund 104) to equal the contract amount.

3. Find that the action is exempt from CEQA review.

G. CONTRACT AMENDMENT FOR ORGANIC WASTE TECHNICAL ASSISTANCE - Authorize the City Manager or Designee to Execute an Amendment to the Organic Waste Technical Assistance Services Agreement with APTIM Environmental & Infrastructure, LLC, Extending the Agreement through June 30, 2024 and Increasing the Not-to-Exceed Amount from $96,018 to $150,000.

Contact Persons:

Name: Allyn McAuley Suzanne Wolf
Title: Environmental Specialist II Community Services Director Dept: Environmental Services Community Services
Phone: 510-494-4576 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or her designee to execute an amendment to Agreement 22-0333 with APTIM Environmental & Infrastructure, LLC, extending the agreement through June 30, 2024, and increasing the not-to- exceed amount from $96,018 to $150,000.

H. WINTER RELIEF SERVICE AGREEMENT - Authorize the City Manager or designee to enter into a $230,500 Standard Service Agreement with the County of Alameda for the City to provide non-congregate shelter options for individuals and families experiencing homelessness; and making findings of CEQA exemption.

Contact Persons:

Name: Arquimides Caldera Suzanne Shenfil
Title: Deputy Director of Human
Services
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2056 510-574-2051
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute a FY 2023/24 Standard Service Agreement of $230,500 with the County of Alameda to support the Winter Relief program.

2. Find that the actions are exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15183 and/or 15061(b)(3).

September 19, 2023 Fremont City Council Agenda Page 6
I. PORTABLE RESTROOM AND HANDWASHING STATION CONTRACT - Authorize the City Manager to Execute a Three-Year Contract with United Site Services for Rental and Maintenance Servicing of Portable Restrooms and Handwashing Stations at Various Homeless Encampment and Vehicle Habitation Sites Not-to-Exceed $116,140 with an Optional Two-Year Extension Not-to-Exceed $84,349.

Contact Persons:

Name: Jamie Cooley Suzanne Wolf
Title: Environmental Specialist I Community Services Director Dept: Community Services Community Services
Phone: (510) 494-4573 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or her designee to execute a contract with United Site Services for rental and maintenance servicing of portable restrooms and handwashing stations at various homeless encampment and vehicle habitation sites for an initial term of three years in an amount not-to-exceed $116,140, and an optional two-year term for $84,349, for a potential total not-to- exceed amount of $200,489.

J. ACTC PROJECT FUNDING AGREEMENTS - Approval of Project Funding Agreements with Alameda County Transportation Commission (ACTC) and Appropriation of Funds for the East Bay Greenway Trail (Irvington to Fremont BART) (PWC9101) and Fremont Boulevard/Walnut Avenue Bikeway Project (PWC9100) for a Combined Total Funding Amount of $2,133,000
Contact Persons:

Name: Mirabel Aguilar Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4761 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or his designee to execute Project Funding Agreements for the East Bay Greenway Trail (Irvington to Fremont BART) Project and the Fremont Boulevard/Walnut Avenue Bikeway Project.

2. Appropriate $1,033,000 in ACTC funds to PWC9101-504, and reallocate $25,000 in SB-1 funds from PWC8234-134 (SB-1-RMRA State Gas Tax 2030) to PWC9101-134 for the East Bay Greenway Trail (Irvington to Fremont BART) Project.

3. Appropriate $1,100,000 in ACTC funds to PWC9100-504, and reallocate $25,000 in SB-1 funds from PWC8234-134 (SB-1-RMRA State Gas Tax 2030) to PWC9100-134 for the Fremont Boulevard/Walnut Avenue Bikeway Project.

4. Find the action constitutes a funding and administrative activity which is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b), as as it can be seen with certainty that there is no possibility that the implementation of the agreements will have the potential for causing a significant effect on the environment. The projects associated with these funding agreements will undergo environmental review in compliance with CEQA.

September 19, 2023 Fremont City Council Agenda Page 7

3. Ceremonial Items
A. Proclamation: American Muslim Appreciation and Awareness Month

4. Public Communications
A. Oral and Written Communications

INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT

CALENDAR

5. Scheduled Items - None.

6. Other Business
A. REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES - Consideration of Revisions to the Council Handbook to Incorporate Rosenberg’s Rules of Order
Contact Persons:

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

RECOMMENDATION: Adopt a resolution amending the City Council Handbook or Rules and Procedures to incorporate Rosenberg’s Rules of Order and other technical revisions.

7. Items Referred by Councilmembers
A. Councilmember Referrals - None.

B. Appointments to Boards, Commissions, Committees - None.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
September 19, 2023 Fremont City Council Agenda Page 8

September 19, 2023 Fremont City Council Agenda Page 9

ACRONYMS

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

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

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

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

September 19, 2023 Fremont City Council Agenda Page 10

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 September 26, 2023 CANCELLED: CC/FUSD
Liaison Committee Meeting
Monday,
October 2, 2023 Joint Meeting,
RESCHEDULED TO 10/30
October 3, 2023 CANCELLED: City Council
Meeting
October 10, 2023 7:00 p.m. City Council Meeting Council Chambers Live
October 17, 2023 7:00 p.m. City Council Meeting Council Chambers Live
October 24, 2023 CANCELLED: CC/FUSD
Liaison Committee Meeting
Monday,
October 30, 2023 5:30 p.m. CC/FUSD Joint Meeting Council Chambers Live
October 31, 2023 No City Council Meeting
(5th Tuesday)
November 7, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 14, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 21, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
December 5, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 12, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 19, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 26, 2023 CANCELLED: CC/FUSD
Liaison Committee Meeting
January 2, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
January 9, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
January 16, 2024 7:00 p.m. City Council Meeting Council Chambers Live
January 23, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
January 30, 2024 No City Council Meeting (5th
Tuesday)

Fremont City Council Meeting: 09/19/23 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4985) DOC ID: 4985
Updated: 9/13/2023 12:56 PM by Susan Gauthier Page 1

ETECH CONSULTING ON-CALL ACCELA SUPPORT TECHNOLOGY SERVICES - Authorize the City Manager or her designee to execute an amendment to the Master Technology Services Agreement with Etech Consulting Inc. to extend the term and increase the not-to-exceed compensation to $400,000.

Contact Persons:

Name: Jennifer Craven Sanford Taylor
Title: Business Manager IT Director
Div/Dept: Community Development Information Technology Services Phone: 510-494-4554 510-494-4802
E-Mail: [email protected] [email protected]

Executive Summary: The proposed amendment to the Master Technology Services Agreement with eTech Consulting, Inc., would extend the term of the agreement and increase the not-to-exceed compensation to $400,000.

eTech provides on-call technology support services for the City’s permit system, Accela, as well as all software integrations with Accela. eTech provides dedicated support to address specific projects/task orders as assigned by the City’s authorized representative, such as collaborating with staff on comprehensive Accela improvement projects. The proposed amendment will ensure that eTech will continue to be available to enable ongoing improvement in Accela’s functionality, including continually working to improve the online permitting experience.

Staff recommends that the City Council authorize the City Manager or her designee to execute an amendment to the Master Technology Services Agreement with eTech Consulting, Inc. to extend the term of the agreement by two years from the date of execution and increase the not-to-exceed compensation to $400,000.

BACKGROUND: eTech Consulting has been providing on-call Accela programming consultant services since 2022 and was integral in facilitating the City’s enhanced and improved services to online permitting during and after the COVID pandemic. The City’s permit system, Accela, is a cloud-based program (i.e., software as a service; “SAAS”). As staff worked to rapidly shift the City’s permitting functions from in-person and paper intensive to online and digital during year two of the pandemic, eTech was instrumental in supporting the City’s efforts to maximize efficiencies while helping to simplify our permit system, including how the public interacts with it.

While the City’s online permitting presence has made great advances over the past few years, there are many pending projects that remain to be addressed, such as: advanced reporting; enhanced features/customizations; application integrations; and efficiencies and simplifications with the original permit system configuration. Additionally, eTech’s deep expertise - as a certified Accela partner - provides weight and support when it comes to advocating for and advancing the City’s third-party integration needs and overall improvements to Accela’s Civic Platform.

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Council Staff Report (ID # 4985) Meeting of September 19, 2023 Updated: 9/13/2023 12:56 PM by Susan Gauthier Page 2
In addition to providing direct Accela on-call support, eTech has also been critical in ensuring that that other software technology integrations with Accela are configured accurately and work well. These include integrations with: ePlanReview, the electronic plan review software; Tyler Munis, the City’s financial system; Green Halo, the construction waste reporting software; and the California Contractors State License Board (CSLB).

DISCUSSION/ANALYSIS: In April 2022, the City entered into a Master Technology Services Agreement with eTech Consulting, Inc. The agreement had an initial one-year term, with the option for two additional one-year terms and not-to-exceed compensation of $100,000. The City has exercised the first optional one-year extension.

Given the extensive amount of work required to modify Accela to streamline online permitting, the length of the current agreement, even with the remaining one-year extension, and the $100,000 not-to-exceed compensation are insufficient.

The proposed amendment to this Master Technology Services Agreement would extend the term by two years from the date of execution of the amendment and increase the total not- to-exceed compensation to $400,000, thus facilitating the City’s ongoing efforts to improve the online permitting experience.

FISCAL IMPACT: etech Consulting services are funded via PWC8756, Land Use Permitting System, which is appropriated from the Development Cost Center Technology Reserve through the Capital Improvement Program. Services provided by eTech are included in this appropriation. No additional appropriation is required to support eTech on-call Accela technology support services.

ENVIRONMENTAL REVIEW: The recommend action is exempt pursuant to the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15061(b)(3) and 15378(b)(4) and (5) (not a project) because it involves the creation of government funding mechanisms or other government fiscal activities which do not involve a commitment to any specific project which may result in a potentially significant physical impact on the environment.

ATTACHMENTS: None.

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Fremont City Council Meeting: 09/19/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4986) DOC ID: 4986
Updated: 9/13/2023 1:04 PM by Susan Gauthier Page 1
CENTERVILLE RAILROAD CORRIDOR SAFETY IMPROVEMENTS - Approval of Reimbursement Agreement for Preliminary Engineering with Union Pacific Railroad in the Amount of $245,000 for the Centerville Railroad Corridor Safety Improvement Project (PWC9071); Appropriation Actions; and Make Findings of CEQA Exemption
Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the continued development of a project to implement safety improvements at the railroad crossings along the corridor in the Centerville area of Fremont and to facilitate funding actions to support timely completion of design for the Centerville Railroad Corridor Safety Improvement Project. The intent of the safety improvements is to support the establishment of a railroad quiet zone. A reimbursement agreement has been prepared with the Union Pacific Railroad (UPRR) for preliminary engineering design within railroad property.

BACKGROUND: Federal transportation safety policy requires the sounding of train horns in advance of public grade crossings. Horn blasts have a volume of level in the range of 96 to 110 decibels. In 2006, the Federal Highway Administration established the Use of Locomotive Horns at Highway-Rail Grade Crossings Final Rule (Quiet Zone). Local communities can enact a quiet zone if certain safety measures are provided, such as median islands at railroad crossings or 4-quadrant gates. When a traffic signal is located near a railroad crossing, special communication systems are required to coordinate the train detection system, the crossing gates, and the traffic signal to ensure that traffic is not backed up at the signal and across the tracks when the train is approaching.

At its December 21, 2021, meeting, City Council authorized staff to begin the process to establish a quiet zone corridor for the Centerville Railroad Corridor Safety Improvement Project consisting of crossings at Fremont Boulevard, Maple Avenue, Dusterberry Way, Blacow Road, Shinn Street and Clarke Drive, in accordance with the requirements of 49 CFR Parts 222 and 229 - Use of Locomotive Horns at Highway-Rail Grade Crossings. City Council also authorized City Manager to issue the Notice of Intent and Notice of Quiet Zone Establishment as required in the quiet zone establishment process.

DISCUSSION/ANALYSIS: In May 2022, staff executed a task order with RailPros, Inc. the on-call quiet zone consultant, for preliminary concept design and coordination for the Centerville Railroad Corridor Safety Improvement project. The general scope of work included data collection, site investigation, traffic engineering studies at selected locations, concept design development, stakeholder coordination, and facilitation of the diagnostic meeting. RailPros prepared updated concept/preliminary crossing layouts detailing the diagnostic team’s proposed improvement recommendations at each location that include

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Council Staff Report (ID # 4986) Meeting of September 19, 2023 Updated: 9/13/2023 1:04 PM by Susan Gauthier Page 2
general safety enhancements as well as other improvements to establish the quiet zone corridor.

On May 10, 2023, staff held a diagnostic meeting for this project with stakeholders from California Public Utilities Commission (CPUC), UPRR, Federal Railroad Administration (FRA) and Caltrans. The purpose of a diagnostic meeting is for the project stakeholders to review each at-grade crossing and agree on improvements needed before establishing a quiet zone. The facilitation of the diagnostic meeting completed the preliminary concept phase of this project.

To continue with the next phase of the project, RailPros, Inc. has prepared a scope of work and fee for preliminary engineering work in the amount of $237,000. The key components of this phase of work includes 30% Design Plans, Continued Stakeholder Coordination, Draft FRA Grade Crossing Inventory Updates, Draft Quiet Zone Calculations and Draft Quiet Zone Notice of Intent (NOI).

To support the review of project plans, attend coordination meetings and prepare railroad signal and track improvements, Union Pacific Railroad has prepared a Reimbursement Agreement in the amount of $245,000 for this project.

Preparation of the 30% Design Plans and cost estimates for the Centerville Railroad Quiet Zone Project will enable the City to then apply for grant funding to support the final design and construction of the project. The project has been identified as a regional priority in the Alameda County Transportation Plan.

FISCAL IMPACT: Additional funding is needed to continue with the preliminary engineering phase of this project. Staff is requesting additional funding appropriations in the amount of $400,000 to address the funding needs for the UPRR Reimbursement Agreement, RailPros, Inc. task order for preliminary engineering and staff support costs.

Staff recommends reallocating $280,000 of Fund 515-ACTC Measure BB Local Streets Fund from the Regional Projects Funding Match (PWC9041), and $120,000 of Fund 531-Traffic Impact Fee from the Measure BB Project City Staff Participation Project (PWC8933).

With the recommended reallocation of funds to the project, there will be sufficient funds available for the estimated project cost.

ENVIRONMENTAL REVIEW: Approval and implementation of these actions constitute administrative and fiscal activities, which is not a project that has the potential for causing a significant effect on the environment, and therefore, is exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b)). Each of the foregoing provides a separate and independent basis for exemption.

Appropriate environmental review will be conducted as part of the project environmental clearance process.

ATTACHMENTS: None.

WEBLINK:
https://www.fremont.gov/government/departments/public-works/public-works-projects

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Council Staff Report (ID # 4986) Meeting of September 19, 2023 Updated: 9/13/2023 1:04 PM by Susan Gauthier Page 3
RECOMMENDATION: Approve the following actions related to the Centerville Railroad Corridor Safety Improvements (PWC9071):

1. Find the action is exempt from environmental review, as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 (administrative a nd funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment).

2. Authorize City Manager or designee to execute a Reimbursement Agreement with UPRR in an amount not to exceed $245,000 for preliminary engineering support.

3. Reallocate $280,000 from PWC9041-515 to PWC9071-515.

4. Reallocate $120,000 from PWC8933-531 to PWC9071-531.

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Fremont City Council Meeting: 09/19/23 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4991) DOC ID: 4991
Updated: 9/13/2023 1:15 PM by Susan Gauthier Page 1

RADIO SERVICES PROVIDED BY EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY (EBRCSA) - Authorize the City Manager, or Designee, to Issue Purchase Orders for Annual Operating Payments/Renewals and Execute Implementing Documents with EBRCSA for Use of the Public Safety Radio Communications System
Contact Persons:

Name: Deirdre Rockefeller-Ramsey Sean Washington
Title: Police Business Manager Police Chief
Div/Dept: Police Department Police Department
Phone: 510-790-6991 510-790-6969
E-Mail: [email protected] [email protected]

Executive Summary: The Fremont Police, Fire, Public Works, Community Services, and Community Development Departments, as well as the Risk Management Division of the City Attorney’s Office, currently use approximately 869 radios on the East Bay Regional Communications System Authority (EBRCSA) public safety radio system.

Staff recommends that City Council authorize the City Manager, or designee, to issue a purchase order for the annual operating payment to EBRCSA in an amount not to exceed $312,840 for the one-year period effective July 1, 2023, through June 30, 2024, and execute implementing documents as necessary.

BACKGROUND: The EBRCSA public safety radio system was designed and built to provide coverage and interoperability to agencies in Alameda and Contra Costa counties. The system improves officer safety, eliminates duplication of overlapping independent radio systems, and provides interoperable voice communications for users. All police and fire agencies and the Sheriff’s Offices in Alameda and Contra Costa counties use the EBRCSA public safety radio system for communications. Other districts such as Ohlone Community College District, Contra Costa Community College District, Dublin-San Ramon Services District, and the University of California-Berkeley also use the EBRCSA radio system.

The EBRCSA public safety radio system provides the critical radio communications infrastructure needed by the Police and Fire Departments to deliver essential public safety services to the community and to surrounding cities in the event of a major disaster or emergency. Other City departments including Public Works, Community Services, Community Development, and City Attorney’s Office (Risk Management) currently use the EBRCSA radio system for radio communications within the respective departments, with each other, and with the Police and Fire Departments.

DISCUSSION/ANALYSIS: The annual operating payments have remained at $360 per subscriber since FY 2019/20. The EBRCSA Board of Directors will only raise the prices as large expenses are incurred due to upgrades in the system and is currently working on a 10-year cost plan.

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Council Staff Report (ID # 4991) Meeting of September 19, 2023 Updated: 9/13/2023 1:15 PM by Susan Gauthier Page 2
In FY 2023/24, the City has approximately 869 radios on the EBRCSA public safety radio system listed in the following table:

Department/Division
Number of
Radios
Police 506
Fire 217
Public Works/Engineering, Street Maintenance, Facilities, Transportation, Streets, Sanitation, Fleet, and Hazardous Materials 84 Community Development/Building Inspection, Plans and Permits, Code Enforcement
29 Community Services/Parks Maintenance, Park Rangers, Boathouse, Environmental Services
32 City Attorney’s Office/Risk Management 1
TOTAL RADIOS 869

FISCAL IMPACT: The cost for the annual Operating Payments for the one-year period of July 1, 2023, through June 30, 2024, is $312,840 (869 radios at $360 per user). There are sufficient funds for the annual Operating Payments appropriated in the FY 2023/24 operating budgets for each department/division.

ENVIRONMENTAL REVIEW: The proposed action is not subject to the California Environmental Quality Act (CEQA) because it is not a project that has the potential for causing a significant effect on the environment as defined in CEQA Guidelines Section 15061(b)(3).

ATTACHMENTS: None.

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Fremont City Council Meeting: 09/19/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4988) DOC ID: 4988
Updated: 9/13/2023 1:12 PM by Susan Gauthier Page 1
HEALTH PROMOTION CONTRACT - Authorization to Contract with Alameda County Health Care Services Agency for Health Promotion Services and Making Findings of CEQA Exemption
Contact Persons:

Name: Karen L. Grimsich Suzanne Shenfil
Title: Family Services Administrator Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2062 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: Since 2006, Alameda County has provided funding to the City, in partnership with the Afghan Elderly Association (AEA), to carry out a project to improve the health and mental health of older adults, including Afghan seniors. Alameda County Health Care Services Agency is renewing funding for this project in FY 2023/24 i n the amount of $206,219. Staff is recommending the City Council authorize the City Manager to execute a contract in the amount of $206,219 with the Alameda County Health Care Services Agency (ACHCSA) for Fiscal Year 2023/24 to implement the Health Promoter Project; and appropriate an additional $6,219 in the Ageing and Family Services Behavioral Health Fund (Fund 104) to equal the contract amount.

BACKGROUND: Since FY 2006/07, the Human Services Department (HSD) has partnered with the Afghan Elderly Association (AEA), a nonprofit organization, to carry out the Health Promoter Project to help improve the health and mental health of Afghan seniors. Many of the thousands of refugees from Afghanistan who arrived in the United States in the 1970’s and 1980’s after fleeing the war with Russia are now aging. Demographic estimates show that the San Francisco Bay Area, and specifically Fremont, is home to one of the largest concentrations of Afghans outside of their own country. It is well documented that older immigrants have challenges accessing necessary health and social services, and therefore experience poor physical health status. Refugees, in particular, suffer increased mental health issues, often from the effects of post-traumatic stress, depression and anxiety due to difficult life experiences. This program is unique in that it offers a continuum of supportive services embedded in a community program that focuses on the needs of older adults. In this way, the program has had a positive impact on an often-underserved group of people.

DISCUSSION/ANALYSIS: The primary component of the Health Promoter Project is the use of Afghan Health Promoters, individuals from the Afghan community who have received substantial community health training. They meet regularly with Afghan seniors, and based on client need, provide emotional support, health education, and coordinate referrals for health and social services. They educate and support clients in both healthy living behaviors and chronic disease management. When it is appropriate the group meets in group settings to provide exercise instruction, health education, and translation services. Health promoters also collaborate with other County programs to assure Afghan elders access appropriate services.

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Council Staff Report (ID # 4988) Meeting of September 19, 2023 Updated: 9/13/2023 1:12 PM by Susan Gauthier Page 2
The Human Services Department provides program oversight for the project and a Program Coordinator, who supports the health promoters as needed. The AEA employs the Health Promoters. Through a project director and assistant, the AEA also provides operational management for the project.

The new agreement also allows for health promotion screenings, education, and wellness classes to be held for the general public at the City’s two Age Well Centers and four low- income senior housing facilities.

FISCAL IMPACT: The Alameda County Public Health Department is providing $206,219 in FY 2023/24 funding for the Health Promoter Program. The contract with the Afghan Elderly Association totals $90,000. The remaining funds, $116,219 will support the City’s administrative oversight and Human Services staff, including the Program Coordinator.

As part of the FY 2023/24 Adopted Budget, the City Council appropriated $200,000 for this program. Staff recommends the City Council appropriate an additional $6,219 to the ACHCSA Health Promoter account in the Ageing and Family Services Behavioral Health Fund.

ENVIRONMENTAL REVIEW: None required. The action is not a project under CEQA and is exempt pursuant to, without limitation, CEQA Guidelines Section 15378 and/or 15061(b)(3), each as a separate and independent basis.

ATTACHMENTS: None.

RECOMMENDATIONS:

2. Appropriate an additional $6,219 in the Ageing and Family Services Behavioral Health Fund (Fund 104) to equal the contract amount.

3. Find that the action is exempt from CEQA review.

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Fremont City Council Meeting: 09/19/23 07:00 PM
3300 Capitol Avenue Div/Dept: Environmental Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4995) DOC ID: 4995
Updated: 9/13/2023 1:27 PM by Susan Gauthier Page 1

CONTRACT AMENDMENT FOR ORGANIC WASTE TECHNICAL ASSISTANCE - Authorize the City Manager or Designee to Execute an Amendment to the Organic Waste Technical Assistance Services Agreement with APTIM Environmental & Infrastructure, LLC, Extending the Agreement through June 30, 2024 and Increasing the Not-to-Exceed Amount from $96,018 to $150,000.

Contact Persons:

Name: Allyn McAuley Suzanne Wolf
Title: Environmental Specialist II Community Services Director Div/Dept: Environmental Services Community Services
Phone: 510-494-4576 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: In response to State legislation, many Fremont businesses have recently added organic waste to supplement garbage and recycling collection. Businesses new to this service often require startup assistance including onsite assessments, resources and training from the City and its partners to properly utilize the service. Improper usage can lead to heavy contamination of the garbage, recycling, and organic waste streams due to incorrect sorting. Environmental Services and Republic Services staff typically provide the necessary assistance, but additional staff resources are needed to meet the increased technical assistance demand from new subscriptions.

The City has utilized APTIM Environmental & Infrastructure, LLC (APTIM) for customer outreach to increase subscriptions to organics services and comply with State regulations.

The firm has proven to be a reliable contractor with a thorough understanding of the applicable State and local laws and an aptitude for assisting business to effectively utilize the City’s garbage, recycling, and organic waste collection programs. Staff is recommending leveraging their work to date and amending the existing outreach contract to include providing technical assistance to businesses starting or needing to improve their participation in organics service.

Staff is therefore recommending the City Council authorize the City Manager or her designee to execute an amendment to the APTIM agreement to add providing organic waste service technical assistance to businesses. The amendment would extend the term of the agreement through June 30, 2024 and increase the contract not-to-exceed amount from $96,018 to $150,000.

The increased services will be funded solely by already-acquired State SB 1383 Local Assistance Grant funds designated for improving organics waste diversion. There is no anticipated impact to the General Fund.

BACKGROUND: The State has passed several laws in recent years that have expanded the number of businesses that are required to divert organic waste like food scraps from landfill.

Current State and local regulations require every Fremont business to either have organic waste collection service or receive a waiver from the Alameda County Waste Management Authority for low generation of organic waste. Fremont’s franchised waste hauler, Republic

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Council Staff Report (ID # 4995) Meeting of September 19, 2023 Updated: 9/13/2023 1:27 PM by Susan Gauthier Page 2
Services, has provided organic waste collection service to businesses for many years, but the focus has historically been on high-organics generators such as large restaurants. Now that all businesses are included, the City must ensure that a substantial new volume of businesses are in compliance.

The Environmental Services Division is addressing this through several initi atives, including hiring APTIM in October 2022 to increase organics subscription rates. APTIM contacted over 300 businesses to assess waste generation and help them come into compliance. Specific assistance included educating business staff about the laws, assessing site conditions, evaluating waste generation, and either coordinating with Republic Services to initiate organics service or facilitating waivers of the obligation, as applicable.

The initial effort was so productive and effective that staff amended APTIM’s agreement through September 30, 2023, to include an additional 300 businesses. APTIM completed this additional work ahead of schedule. As a result, hundreds of Fremont businesses have added organic waste collection service within the last year. APTIM’s focus to date has been on outreach to add service rather than providing technical assistance.

DISCUSSION/ANALYSIS: Since a substantial number of businesses have recently started organic waste service, the City and Republic Services need extra help to provide the needed training and assistance to Fremont businesses. APTIM has already provided this type of service to some restaurants in Pacific Commons, leading to noticeable improvement in sorting of organic waste. Therefore, staff recommends extending the APTIM service agreement through June 30, 2024, to include providing this organic waste service technical assistance to these businesses.

APTIM’s obligations under the agreement are:

• Visit businesses to assist with indoor waste container setup, training, and resources such as signage to properly utilize their organic waste, recycling, and garbage services.
• Coordinate with Republic Services, StopWaste, and the City to obtain the needed resources for businesses and ensure the waste collection services are meeting their needs.
• Supplement onsite assistance with remote assistance via phone and email including providing helpful digital resources.
• Meet with City and Republic Services staff via web conferences monthly, or more often if needed, to provide status updates and strategize. • Log records of business outreach in the City’s online program tracker. • Provide services in non-English languages when applicable and available.

The City’s obligations under the agreement are:

• Supply the necessary resources for APTIM to meet the project objectives including outreach materials, introductions to City partners, and access to pertinent program records.
• Disburse monthly payments to APTIM for services rendered.

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Council Staff Report (ID # 4995) Meeting of September 19, 2023 Updated: 9/13/2023 1:27 PM by Susan Gauthier Page 3
FISCAL IMPACT: The agreement with APTIM has been and will continue to be fully funded by already-awarded funds from the State’s SB 1383 Local Assistance Grant Program. There is no expected impact to the General Fund.

ENVIRONMENTAL REVIEW: The proposed agreement is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines:
1) §15061 (Review for Exemption) in that the activity is covered by the common sense exemption because it can be seen with certainty that there is no possibility that the agreement may have a significant effect on the environment, and 2) §15378 (Project) in that the proposed agreement is not a “project.”

ATTACHMENTS: None.

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Fremont City Council Meeting: 09/19/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4997) DOC ID: 4997
Updated: 9/14/2023 4:40 PM by Susan Gauthier Page 1
WINTER RELIEF SERVICE AGREEMENT - Authorize the City Manager or designee to enter into a $230,500 Standard Service Agreement with the County of Alameda for the City to provide non-congregate shelter options for individuals and families experiencing homelessness; and making findings of CEQA exemption.

Contact Persons:

Name: Arquimides Caldera Suzanne Shenfil
Title: Deputy Director of Human Services Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2056 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this staff report is to request the City Council approve a $230,500 service agreement with Alameda County for the provision of temporary, non-congregate shelter for individuals and families experiencing homelessness through a winter relief program.

BACKGROUND:

Warming Center and Winter Shelter Models: The City first opened the Warming Center in the winter of 2013 at the request of the Alameda County Board of Supervisors, after the death of two homeless individuals from hypothermia. Under the Warming Center model, the City provided shelter only during inclement weather. In FY 2018/19, the City transitioned to a full-service Winter Shelter model that was open seven nights a week for four months. In FY 2021/22, the Winter Shelter program shelter transitioned into a Winter Relief program through the temporary use of motel rooms, as non-congregant shelter, an added measure to prevent exposure and spread of COVID-19 to a highly vulnerable population.

In FY 2022/23, the Fremont Winter Relief program operated from December 8, 2022 to April 30, 2023. The program served 49 individuals, including two newborns, providing each household up to 145 consecutive days of shelter. Overall, the program provided over 5,424 total bed nights of service. Meals were also provided on a nightly basis.

The Warming Center, Winter Shelter, and now, Winter Relief programs have been funded through a contract with Alameda County, foundation/corporate grants and private donations. Throughout the years, the programs have also relied on partnerships with local health and support service providers. They have also received tremendous support from Fremont residents; over 130 community members have volunteered by creating a welcoming environment, donating meals and supplies, and in the early years, serving dinners to participants on a nightly basis.

DISCUSSION/ANALYSIS:

Continuation of the Winter Relief Program: Those experiencing unsheltered homelessness remain vulnerable to exposure and transmission of the contagious COVID-19 and other winter illnesses.

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Council Staff Report (ID # 4997) Meeting of September 19, 2023 Updated: 9/14/2023 4:40 PM by Susan Gauthier Page 2

This FY 2023/24 winter season (December 1, 2023 through April 30, 2024) staff proposes to continue the non-congregate Winter Relief program design consistent with Alameda County Shelter Health guidelines, to maintain the health and safety of participants, volunteers, and staff. During the pandemic, this non-congregate shelter model emerged as a best practice for those experiencing homelessness to stabilize and connect them with supportive services.

This model provides program participants with temporary stays at partnering motel sites as well as wrap-around services. Staff plans to re-engage motel partners in the community to provide at least 30 rooms for temporary shelter. The cities of Livermore, Alameda, Oakland, Berkeley, and San Leandro all provide similar Winter Relief non-congregate shelter programs. Alameda County Social Services Agency has agreed to provide $230,500 to support the program model.

Eligible participants must be referred directly by service providers or emergency services personnel. Program expectations for participants include working with an assigned case manager or housing navigator, respecting the property, and adhering to the rules of the program. Families with minor children, older and medically frail adults, and those with a pathway toward housing will be prioritized for the program.

The City will continue to provide robust supportive services through evening meal delivery and appropriate linkages to local resources. Program participants experience a more dignified and individualized experience than in years past. At minimum, each unit will have a locking door, storage for their belongings, and a private bathroom. Each program participant will be assessed for their eligibility for Alameda County’s Coordinated Entry System (CES).

FISCAL IMPACT: Staff anticipates that the $230,500 contract with Alameda County will cover 100% of the service, staff and administrative program costs required by this contract.

In anticipation of this program, the City Council appropriated sufficient funding in the Human Services Miscellaneous Operating Grants Fund (Fund 193), as part of the FY 2023/24 Adopted Budget.

ENVIRONMENTAL REVIEW: The acceptance of a grant from the County of Alameda to operate a temporary seasonal shelter is exempt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, pursuant to CEQA Guidelines section 15183 (projects consistent with the general plan or zoning) and/or 15061(b)(3), which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The operation of the temporary seasonal shelter will not cause a significant effect on the environment.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute a FY 2023/24 Standard Service Agreement of $230,500 with the County of Alameda to support the Winter Relief program.

2. Find that the actions are exempt from review under the California Environmental

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Council Staff Report (ID # 4997) Meeting of September 19, 2023 Updated: 9/14/2023 4:40 PM by Susan Gauthier Page 3
Quality Act (CEQA), pursuant to CEQA Guidelines sections 15183 and/or 15061(b)(3).

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Fremont City Council Meeting: 09/19/23 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors: Environmental Services Manager Kathleen Cote-Guarnieri COUNCIL STAFF REPORT (ID # 4993) DOC ID: 4993
Updated: 9/13/2023 1:19 PM by Susan Gauthier Page 1
PORTABLE RESTROOM AND HANDWASHING STATION CONTRACT - Authorize the City Manager to Execute a Three-Year Contract with United Site Services for Rental and Maintenance Servicing of Portable Restrooms and Handwashing Stations at Various Homeless Encampment and Vehicle Habitation Sites Not-to- Exceed $116,140 with an Optional Two-Year Extension Not-to-Exceed $84,349.

Contact Persons:

Name: Jamie Cooley Suzanne Wolf
Title: Environmental Specialist I Community Services Director Div/Dept: Community Services Environmental Services
Phone: (510) 494-4573 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: Since the start of COVID in early 2020, the City has contracted for portable sanitary services at eight sites that have continuously had high levels of encampment activity. These services are necessary and ongoing to address site conditions and ensure the City meets its obligations under its stormwater permit. The City’s existing contract with American Portables is set to expire on September 30, 2023. Staff conducted an RFP process to continue these essential services and is recommending awarding the contract to United Site Services, the lowest cost responsible bidder. Staff is recommending authorizing the City Manager or designee to execute a three-year contract with an option to extend for two additional years. The base contract would be $116,140 and the option period an additional $84,349 for a potential total not-to-exceed amount of $200,489.

These costs would be funded through the Integrated Waste Management fund and were included in the FY 2023/24 adopted operating budget. There would be no General Fund impact.

BACKGROUND: The City initiated portable sanitary services at the most concentrated encampment sites in 2020 and at Safe Parking sites in 2022. The current services agreement with American Portables has been in place since July 2021. These services are essential for maintaining sanitary conditions at continuously occupied sites and help the City meet pollution prevention obligations specified in the stormwater permit issued by Regional Water Quality Control Board.

DISCUSSION/ANALYSIS: The City’s existing contract for portable sanitation services expires on September 30, 2023. On June 20, 2023, the City issued RFP 23-029 to identify the lowest-cost vendor to provide services after September 30. Three proposals were received, including one from the current service provider. United Site Services provided the lowest cost responsive proposal and staff is recommending entering in to an agreement with United Site Services with a start date of October 1, 2023. United Site Services has experience in this line of work and is currently providing similar services to the City of San Jose.

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Council Staff Report (ID # 4993) Meeting of September 19, 2023 Updated: 9/13/2023 1:19 PM by Susan Gauthier Page 2
Major components of the contract include:

• Three-year base term for the contract amount of $116,140 with a two-year option to extend for an additional $84,349
• Service provider must provide rental and servicing of portable restrooms and handwashing stations, as required, on an “as-needed” basis at currently eight sites and on a variable weekly schedule, as determined by the City Coordinators, to service the homeless population throughout the City including at rotating Safe Parking sites
• Service provider must be flexible and able to respond to requests to add/remove sites or relocate units
• Service Provider shall supply and deliver portable restrooms, ADA-compliant portable restrooms, and handwashing stations complete with setup, maintenance, and removal.
• Service Provider shall supply all labor, material, tools, protective clothing and gear, and equipment that are required or needed to perform the work to service, remove, or relocate units
FISCAL IMPACT: The cost of these services is funded through Integrated Waste Management fees and is included in the FY 2023/24 adopted operating budget for the Integrated Waste Management Fund (Fund 115).

The base term of three years will be for the not-to-exceed amount of $116,140. The optional extension period of two years would be for $84,349 for a potential total not-to- exceed amount of $200,489.

There is no General Fund Impact.

ENVIRONMENTAL REVIEW: The proposed portable sanitation services are Categorically Exempt from review under the California Environmental Quality Act (CEQA) Guideline Section 15304 as the project consists of the collection and removal of human waste that will result in improvement of habitat for fish and wildlife resources and Guideline 15307 as the services will protect the City’s waterways from discharges.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager or her designee to execute a contract with United Site Services for rental and maintenance servicing of portable restrooms and handwashing stations at various homeless encampment and vehicle habitation sites for a n initial term of three years in an amount not-to-exceed $116,140, and an optional two-year term for $84,349, for a potential total not-to-exceed amount of $200,489.

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Fremont City Council Meeting: 09/19/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4994) DOC ID: 4994
Updated: 9/13/2023 1:22 PM by Susan Gauthier Page 1
ACTC PROJECT FUNDING AGREEMENTS - Approval of Project Funding Agreements with Alameda County Transportation Commission (ACTC) and Appropriation of Funds for the East Bay Greenway Trail (Irvington to Fremont BART) (PWC9101) and Fremont Boulevard/Walnut Avenue Bikeway Project (PWC9100) for a Combined Total Funding Amount of $2,133,000 Contact Persons:

Name: Mirabel Aguilar Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4761 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the development of two transportation projects that were approved for funding by Alameda County Transportation Commission (ACTC).

BACKGROUND: In November 2014, Alameda County voters approved Measure BB to increase multi-modal transportation investment Countywide. The program is administered by ACTC. On June 7, 2023, ACTC approved the allocation of Measure BB funding for their 2024 Capital Investment Program (CIP), including the following two City of Fremont projects: East Bay Greenway Trail (Irvington to Fremont BART) Project in the amount of $1,033,000; and Fremont Boulevard/Walnut Avenue Bikeway Project in the amount of $1,100,000.

Execution of Project Funding Agreements with Alameda CTC is required to develop the environmental clearance, preliminary engineering, and final design of the projects.

DISCUSSION/ANALYSIS: ACTC has approved Measure BB project grants for the following two projects in Fremont:

1. East Bay Greenway (Irvington to Fremont BART): The project proposes to construct a segment of the East Bay Greenway Regional Trail, extending from Irvington District to Fremont Central Park, as well as a new Class I trail connection between the East Bay Greenway Trail to the Fremont BART station. The project will connect numerous affordable housing development sites near the future Irvington BART Station to the Fremont Downtown/City Center District and the Fremont BART Station. Funding provided by ACTC is for final design. Environmental clearance and preliminary engineering will be funded by local funding sources. The project is identified as a priority in the City’s Trails Strategy Plan and in the Alameda County Transportation Plan.

2. Fremont Boulevard/Walnut Avenue Bikeway Project: The project consists of constructing elevated bikeways along Walnut Avenue from Paseo Padre Parkway to Fremont Boulevard and along Fremont Boulevard from Country Drive to Stevenson Boulevard. Existing intersections within the project corridor will be reconstructed to

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Council Staff Report (ID # 4994) Meeting of September 19, 2023 Updated: 9/13/2023 1:22 PM by Susan Gauthier Page 2
provide new protected intersections with upgraded traffic signal equipment. The elevated bikeways along Walnut Avenue will be an extension of the elevated bikeways recently constructed from Mission Boulevard to Paseo Padre Parkway.

Funding provided by ACTC is for final design. Environmental clearance and preliminary engineering will be funded by local funding sources. The project is identified as a priority in the City’s Bicycle Master Plan and in the Alameda County Transportation Plan.

It is noted that as part of the funding source, each project will include a City appropriation of $25,000 in State Senate Bill 1 (SB1) funds as well as local matching funds of approximately $534,000. The source of the additional local matching funds will be identified for appropriation at the time of approval of future agreements/contracts for each project.

FISCAL IMPACT: Approval of the project funding agreements with ACTC will allow the City to receive the approximately $2,133,000 for the projects listed above, with an approximately $534,000 local match. The funding source for local match required for each of the projects will be identified at the time of approval of future professional service agreements/contracts.

ENVIRONMENTAL REVIEW: Execution of Measure BB Project Funding Agreements constitute a funding and administrative activity which is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b), as it can be seen with certainty that there is no possibility that the activity will have a significant effect on the environment. The projects associated with these funding agreements will undergo environmental review in compliance with CEQA.

ATTACHMENTS: None.

RECOMMENDATIONS:

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Fremont City Council Meeting: 09/19/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5006) DOC ID: 5006
Updated: 9/14/2023 7:05 PM by Susan Gauthier Page 1

REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES -
Consideration of Revisions to the Council Handbook to Incorporate Rosenberg’s Rules of Order
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 of Rules and Procedures to incorporate Rosenberg’s Rules of Order as the applicable guide for parliamentary procedure and other technical revisions.

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 and 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: Meetings of the City Council are governed by the Council Handbook. Appendix A of the Council Handbook provides a set of procedural rules and motions primarily based upon Robert’s Rules of Order (“Robert’s Rules”). Robert’s Rules are the most referenced parliamentary procedures and are used by public agencies and private organizations throughout the United States. The latest edition of Robert’s Rules, 12th edition, is an 816-page book and the condensed version is 224 pages. This length can present an obstacle to its use by a governing body.

Rosenberg’s Rules of Order (“Rosenberg’s Rules”) is a 10-page simplified set of parliamentary procedures that local governments in California are increasingly adopting as an alternative to Robert’s Rules. Rosenberg’s Rules was developed by David Rosenberg, a longtime Superior Court judge in Yolo County, based on his decades of experience chairing meetings in state and local government.

On March 14, 2023, the City Council directed City staff to revise the Council Handbook to incorporate Rosenberg’s Rules as the governing parliamentary procedures. Accordingly, City staff recommends that the City Council approve the attached updated City Council Handbook that includes the following proposed edits:

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Council Staff Report (ID # 5006) Meeting of September 19, 2023 Updated: 9/14/2023 7:05 PM by Susan Gauthier Page 2
• Chapter V, Rules of Order: Incorporates Rosenberg’s Rules of Order as the governing parliamentary procedures.

• Chapter V, Reorganization: Reorganizes procedural rules by consolidating Chapter V (Procedural Rules) and Appendix A (Procedural Rules). Adds subsection “Precedence of Motions” from Appendix A into Chapter V, but deletes the descriptions of motions derived from Robert’s Rules of Order located in Appendix A.

• Chapter V, Failure to Vote: Maintains the existing rule that a failure to express a vote constitutes an affirmative vote but amends the language for purpose of clarity.

• Chapter V, Legal Disqualifications: Adds language to conform to the requirements of California Government Code section 87105 regarding the duties of Council Members in circumstances of conflicts of interest in City Council decisions.

The proposed changes to the Council Handbook are reflected as Track Changes in the attached draft of the Council Handbook, including technical edits to align with changes in state law. City staff has prepared a chart demonstrating the differences in how motions are made in the existing Council Handbook versus Rosenberg’s Rules. Also attached is a copy of the most recent version of Rosenberg’s Rules.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: None.

ATTACHMENTS:
• Draft Resolution
• Council Handbook Revised
• Motions Comparison Chart
• Rosenberg's Rules of Order

RECOMMENDATION: Adopt a resolution amending the City Council Handbook or Rules and Procedures to incorporate Rosenberg’s Rules of Order and other technical revisions.

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Resolution 2023-XX Page 1 of 2

RESOLUTION NO. 2023-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, on October 18, 2022, the City Council amended the Handbook via Resolution No. 2022-57 to incorporate technical amendments and clerical improvements, including provisions regarding adoption of ceremonial proclamations and to clarify other provisions; and

WHEREAS, the City Council now desires, as discussed by the City Council on March 14, 2023, to update the existing procedural rules in the Handbook to incorporate Rosenberg’s Rules of Order (“Rosenberg’s Rules”) as the applicable guide for parliamentary procedure and other technical edits.

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 __________, 2023, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Draft Resolution (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES) Resolution 2023-XX Page 2 of 2

________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ________________________________ City Clerk City Attorney

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Attachment: Draft Resolution (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES)

HANDBOOK
OF

RULES AND PROCEDURES

CITY OF FREMONT

CITY COUNCIL

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Attachment: Council Handbook Revised (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES)

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

Amended October 2022
Resolution No. 2022-57, dated October 18, 2022

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Attachment: Council Handbook Revised (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES)

Amended _____ 2023
Resolution No. 2023-XX, dated ________, 2023

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Attachment: Council Handbook Revised (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES)

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Attachment: Council Handbook Revised (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES)

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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 .............................................................................................3

5. Appointment of Vice Mayor ........................................................................3

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

Chapter II – City Council Norms and Protocols
A. Norms Regarding City Councilmember Conduct…………………………………4 B. Accepted Protocols for City Councilmembers …………………………………...4 C. Town Hall Meetings ……………………………………………………………...5

Chapter III – City Council Meetings
A. Duties of Presiding Officer. .....................................................................................6 B. Call to Order ............................................................................................................6 C. Roll Call. ................................................................................................................ ..6 D. Quorum. ................................................................................................................... 6 E. Lack of Quorum .......................................................................................................6 F. Recognition to Speak, Councilmember ...................................................................6

1. Interruptions .................................................................................................6

2. Challenged While Speaking .........................................................................7

3. Public Hearings ............................................................................................7 G. Councilmember Obligation after Absence ...............................................................7 H. Deadline for New Business ......................................................................................7 I. Business Items Out of Order ....................................................................................7 J. Recordings ...............................................................................................................7

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Chapter III – City Council Meetings (continued)
K. Agenda Format for Regular Meetings .....................................................................7

1. Preliminary ...................................................................................................7

2. Consent Calendar .........................................................................................7

3. Ceremonial Items .........................................................................................8

4. Public Communications ...............................................................................8

5. Scheduled Items ...........................................................................................8

6. Other Business .............................................................................................8

7. Items Referred by Councilmembers ............................................................8

8. Adjournment ................................................................................................8 L. Components of a Regular Meeting ..........................................................................8

1. Consent Calendar .........................................................................................8

2. Minutes. .......................................................................................................8

3. Public Communications ...............................................................................9

4. Legislative Matters.....................................................................................10

5. City Council Referrals ...............................................................................10

6. Appointments .............................................................................................11 M. Addressing the City Council ..................................................................................11

1. Speaker Card and Speaker Time ................................................................11

2. One Speaker at a Time ...............................................................................11

3. Questions and Comme nts from the Public .................................................11

4. Addressing the City Council after a Motion is Made ................................11 N. Continued Agenda Items ........................................................................................12 O. Public Hearing Closed ...........................................................................................12 P. Special Meeting- Work Sessions ...........................................................................12 Q. Scheduled Recesses ...............................................................................................12 R. Cancellation of Meeting .........................................................................................12

Chapter IV – City Council Meeting Decorum
A. Enforcement of Decorum .......................................................................................13 B. Courtesy .................................................................................................................1 3 C. Noise in the Lobby .................................................................................................13 D. Crowd Control in Council Chambers ....................................................................13 E. Smoking, Food and Drink ......................................................................................14 F. Distribution of Litera ture and Other Materials in City Council Chambers ...........14

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Chapter V – Procedural Rules
A. Rules of Order ........................................................................................................15 B. Modifications to Rosenberg’s Rules of Order .......................................................15 C. Precedence of Motions ...........................................................................................15 D. Rules of Discussion................................................................................................15

1. Division of Question ..................................................................................15

2. Voting ........................................................................................................16

4. Tie Votes ....................................................................................................16

3. Failure to Vote ...........................................................................................16

3. Abstentions, ...............................................................................................16

3. Legal Disqualifications ..............................................................................16

3. Enforcement ...............................................................................................16

5. Appeal from the Mayor’s Decision ............................................................16

Chapter VI – Boards, Commissions, and Committees: City Representatives and Standing Committee
A. Boards, Commissions and Committees - City Representatives -Standing Committee ..............................................................................................................17

1. Definitions..................................................................................................17

2. Application and Appointment Process .......................................................17 B. Appointment to Outside Agencies .........................................................................19

1. Citizen Appointments ................................................................................19

2. Councilmember Appointment ....................................................................19 C. Removal of Member of Board or Commission or Committee or City Representative ........................................................................................................20 D. Waiver of Requirements ........................................................................................20

Appendix A - Council Travel Budget and Expense Reimbursement Policy

Appendix B - Paperless Council Agenda Process

Appendix C – Requests 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 at large. The Councilmembers are elected from one of six districts. When reference to all the members of the City Council, inclusive of the Councilmembers and Mayor, is intended, use of the terms “Councilmembe rs” or “City Council” are appropriate substitutes for the term “Council Members and Mayor.”

B. City Council Basic Power:

All powers of the City are and shall be vested in the City Council, subject to the provisions of the Fremont Municipal 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 followi ng certification of the gene ral municipal election and continue in office until a successor qualifies.

2. Councilmembers: Councilmembers shall hold office for a term 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 recognized 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 Officer of the City Council and shall preside at the meetings of the City Council. The Mayor ma y move, second, and de bate from the Chair, subject to such limitations of debate as are imposed on all Councilmembers by these rules and shall not be deprived of any of the right s 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 Mayo r shall possess and pe rform the powers 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 ma ke the designation of the Vice Mayor a ministerial action, while at the same time providi ng an opportunity for each Councilmember elected at a general municipa l election to have the opportunity of serving as Vice Mayor during his or her term of office. No Councilmember who is appointed or elected to fill the unexpired term of a vacant office of Councilmember shall be appointed as Vice Mayor.

2. Regular Order of Selection:

The Councilmember who received the highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the first eight months following the next general municipal el ection. The Councilmember who received the second highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the next eight months. The Councilmember who received the third highest number of votes during the pr evious general municipal election shall be appointed Vice Mayor for the next eight months.

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

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

3. Order of Selection Upon Vacancy:

If a vacancy occurs in an office of a Councilmember, the order of selection pursuant to the above section shall be modified if necessary, as follows: If the vacancy is in the office of a Councilmember and is the incumbent Vice Mayor, then the Councilmember who was the last previous Vice 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 his or her term of office, then the Councilmembers next in the order of selection pursuant to the above

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section shall each have their appoi ntment as Vice Mayor advanced, notwithstanding that as the result of such vacancy or prior or future vacancies, the order of selection will be m odified 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 from a vacancy in an office of a Councilmember, which is not addressed in these rules, the City Council shall 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 City Clerk shall schedule the appointment of the Vice Mayor for the last regular City Council meeting 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 appointed. At the meeting the 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 the Presiding Officer at meetings of the City Council, the Vice Mayor ma y be addressed as Mayor (however, documents executed by the Vice Mayor in the absence of the Mayor shall be signed as Vice Mayor. (G.C. 34904 & 36801)

G. Rules of Procedures:

1. The City Council shall deter mine its own rules of procedures and amend them from time to time, or adopt new rules as it deems necessary. Amendment to or adoption of new City Council Rules shall be accomplished by majority vote.

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

HG. Interference in Staff Functions:

The City Council shall deal with the administrative services of the City only through the City Manager, and legal services of the Ci ty through the City Attorney, except for the purpose of inquiry and neither the City Council nor any member thereof, shall give orders to subordinates of the City Manager. No member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the City Manager, or City Attorney for st aff within the City Attorney’s Office.

IH. Council Position on Ballot Measure(s):

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

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CHAPTER II – CITY COUNCIL NORMS AND PROTOCOLS

A. Norms Regarding City Councilmember Conduct

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

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

3. Councilmembers will acknowledge that Counc il 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 wh en 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 re garding other Councilmember actions. Do not ascribe motives.

8. Maintain confidentiality of confidential matters.

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

10. Respect the Council/Manager form of government.

11. Communicate concerns about staff to the ci ty 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 th at 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 C ity 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 season s, 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 technol ogy 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
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 Pres iding 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 before the City Council, and shall restate each question immediately prior to calling for the vote. Following the vote, the Mayor shall annou nce the results of the vote. The Mayor is eligible to vote on all quest ions, and shall direct the order of participation 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 the Vice Mayor. In the absence of the Mayor and the Vice Mayor, the meeting shall be called to order by the most senior Councilmember present. This person shall serve as the Council’s presiding officer until the ar rival 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 roll of the Councilmembers and the names of those present and those absent shall be entered in the minutes of the meeting. The Presidin g Officer shall announce that a late Councilmember has arrived for the benefit of the television audience.

D. Quorum:

Four Councilmembers shall constitute a quorum for the transaction of business. A majority of a quorum shall be sufficient to pass any action taken by the City Council except on such matters which, by law, require a greater majority.

E. Lack of Quorum:

If a majority of Councilmembers are absent from any meeting the City Clerk may declare the meeting adjourned to a stated time 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 speak shall address the Mayor and, upon recognition by the Mayor, shall confine his or her remarks to the question under debate.

1. Interruptions:

A Councilmember, once recognized, shall not be interrupted while speaking unless called to order; unless a motion to raise a point of order is raised by another Councilmember, or unless the Councilmemb er speaking 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 Councilmember shall be permitted to proceed if ruled to be in order. Conversel y, the Councilmember shall re main 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 meri ts of an issue, other than to ask questions, until the public hearing has been closed. If the agenda item is an appeal of other than a legislative matter, C ouncilmembers should acknowledge and state the substance of any prior discussion of the item with any person (other than personal consultants not having an interest in the matte r) at the beginning of the hearing.

G. Councilmember Obligation after Absence:

When a Councilmember is absent from an earlier meeting at which a matter was discussed, it shall be the duty of that Councilmember to become acquainted with the issues discussed by reading the documents presented and when po ssible, listening to or viewing the taped recording of the meeting missed.

H. Deadline for New Business:

Generally, no new item of business will be discussed or considered 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 th e City Council shall be recorded and stored electronically.

K. Agenda Format for Regular Meetings :

Order of Business: The business of the City Council sh all 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

3. Ceremonial Items

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4. Public Communications:

Written
Oral

5. Scheduled Items:

Public Hearings
Appeals
Reports from Boards, Commissions, and Committees

6. Other Business

7. Items Referred by Councilmembers:

Councilmember Referrals
Appointments to Boards, Commissions, Committees
Legislative Actions
Report on Committee Assignments

8. Adjournment

L. Components of a Regular Meeting:

The published agenda shall consist of an agenda and summary reports providing sufficient information needed for deliberation and action.

1. Consent Calendar:

Routine items that are not controversial in nature and do not require a public hearing may be placed on the consent calendar at the Mayor’s discretion. All items may be approved by one motion and one vote. A ny Councilmember or member of the public or their representative may request any item be withdrawn from the consent calendar for separate consideration in its regular order of business.

2. Minutes:

a. Description:

The minutes of a City Council mee ting shall be “acti on minutes” which include the motions made, actions ta ken, and a brief summary of public comments.

b. Reading of Minutes:

If each Councilmember has been furnished with a copy of the minutes prior to the meeting, the minutes may be approved without reading. If a Councilmember raises a point of correction to the minutes of a City Council meeting, those minutes will not be approved at that meeting. Consideration of such minutes will be continued to the next regular meeting.

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

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A Councilmember may request, through the Mayor, the privilege of having an abstract of a Councilmember’s statement on any subject under consideration by the City Council ente red into the minutes. If the City Council consents, the statement shall be entered. If a Councilmember voted in the minority, however, that Councilmem ber has the right to an abstract of such dissent entered into the minutes which explains an affirmative vote on a ministerial or other routine acti on on an underlying project or other matter as to which the Councilmember voted in the minority. An “abstract” is defined here as “a statement summarizing the important points of a given text.” The Councilmember requesting an abstract sh all succinctly summarize his or her position to be entered into the minutes. The request must be made and 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 the time limits described in this document, any member of the public or their authorized representa tive may address the City Council by written communications.

b. Oral:

Subject to the time limits described in this document, any member of the public or their authorized representativ e, may address the City Council on any matter concerning the City’s bu siness, or any matter over which the City Council has control, whether on its posted agenda or not. Comments on items included on the agenda sha ll be reserved until the Council considers those items. However, th e City Council is prohibited from extensively discussing or taking acti on on an item not appearing on its posted agenda under the 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 limits described in this document, any member of the public or their authorized representa tive may address the City Council on matters contained on a Special Meeting-Work Session agenda.

4. Legislative Matters:

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

a. Regular Hearings:

Staff presentation
Questions of staff by Councilmembers
Hearing opened by Mayor
Public Comments

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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 Councilmember may, pr ior to any regular City Council meeting, bring any matter to the attention of the City Council which is not otherwise scheduled on a City Council agenda. The matter will be placed on the next available agenda in the Council Referral section. The sponsoring Councilmember shall give the City Ma nager a brief description of the subject to be printed in the agenda, sufficient to inform the City Council and public of the 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 considerin g the referral, may do any of the following:

(1) Take no action;
(2) Refer the matter to staff to sche dule as a future City Council agenda item;
(3) Take dispositive action if Council finds that sufficient notice to the Council and the public has been provided by the published agenda, sufficient information has been received by the Council, and no formal published notice of a public hearing is required.

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

6. Appointments:

Appointments to the City Boards, Commi ttees and Commission shall be made as described in Chapter V of this document.

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M. Addressing the City Council:

1. Speaker Card and Speaker Time:

A person desiring to address the City Council is encouraged to complete a “Request to Address the City Council” (speaker card). Dependi ng upon the extent of the agenda and the number of persons desiri ng to speak on an issue, the Mayor may limit the time for individual 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 person having the floor, shall be permitted to enter into any discussion without the permission of the Mayor. All discussions shall be through the Mayor, and no question shall be asked of a C ouncilmember except through the Mayor.

3. Questions and Comments from the Public:

Questions and comments from the 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 th e City Council after a motion is made. without first securing per mission to do so. Upon r ecognition by the Mayor and permission being granted by the City C ouncil, 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 unforeseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or other interested 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 City 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 request for continuance prior to discussing the substance or merits of the agenda item. The interested parties may speak to the issue of a con tinuance without forf eiting the right to speak later to the merits of the issue if a majority of the Council so rules. Comments may be presented by persons not able to attend the meeting for which the item is finally scheduled if the City Council agrees to continue the item.

O. Public Hearing Closed:

Once a hearing is closed it is inappropriate for the public to speak except to answer an inquiry of a Councilmember addressed through the Mayor. However, a public hearing 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. Pr ior to a scheduled recess, the City Manager shall submit to the City Council any recommended matters anticipated to require Council approval during the recess. The City Council may, by resolutio n, authorize the City Manager to approve any recommended matters on behalf of the City of Fremont.

R. Cancellation of Meeting:

If the City Council considers and then decides to cancel a future regularly scheduled or special meeting it should take such action at the earliest prior meeting possible. If the action to cancel a meeting is taken more than one regular meeting prior to the date of the canceled meeting, the fact of any such cancellation shall also appear as an informative item on the agenda for the meeting immediately preceding the canceled meeting date.

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CHAPTER IV – CITY COUNCIL MEETING DECORUM

A. Enforcement of Decorum:

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

B. Courtesy:

1. Councilmembers:

Councilmembers shall accord th e utmost courtesy to each other, City employees and the public appearing before the City Council, and shall refrain at all times from rude and derogatory remarks, public criticism of staff, remarks 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 decorum applicable to the City Council.

3. Public Speakers:

Members of the public attending a City C ouncil meeting shall be encouraged to observe the same rules of order and decoru m applicable to the City Council. Any person who 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 that m eeting from further a udience before the City Council.

4. Appointed Members of Boards, Commissions and Committees:

Appointed members of Boards, Commissions and Committees of the City shall observe the same rules of order and decorum applicable to the City Council.

C. Noise in the Lobby:

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

D. Crowd Control in Council Chambers:

If the City Manager, or the City Manager’s designee, anticipates 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 shall distribute flyers, leaflets, pl acards or other literat ure or circulate any petition within the City Council Chambers. Such literature may be displayed or distributed outside the City Council Chambers area.
.

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CHAPTER V - PROCEDURAL RULES

A. Rules of Order :

The purpose of parliamentary procedure is to guide the conduct of the meetings of the City Council and facilitate the tr ansaction of City business in an orderly fashion. The City Council shall determine its own rules of order and amend them from time to time, or adopt new rules as it deems nece ssary. Amendment to or ad option of new City Council procedures procedural rules shall be accomplished by majority vote. A set of procedural rules, which is derived from Roberts Rules of Order, and which is attached to this handbook as Appendix A, shall govern the Council’s processing of motions. The City Council shall refer to Rosenberg’s Rules of Order as a guide for the conduct of meetings, subject to any modifications set forth in this Chapter. The failure of the City Council to conform to said rules shall not, in any instance, be deemed to invalidate the action taken.

B. Modifications to Rosenberg’s Rules of Order:

1. The Basic Format for an Agenda Item Discussion: After the close of public comment on any agenda item, the Mayor may invite discussion of the item by the body prior to initiating a motion by a Council Member.

2. Withdrawal of Motion: A motion may not be withdrawn by the maker of the motion without the consent of the Councilmember who seconded the motion.

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. Recess

4. Raise a question of privilege

5. Raise a point of order

6. Table

7. Limit or close debate

8. Postpone to a time ce rtain or indefinitely

9. Refer to staff, board, commission, committee or officer

10. Substitute the motion

11. Amend the motion

12. Motion to reconsider

BD. Rules of Discussion:

1. Division of Question:

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If the question contains two or more pr opositions, 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 withdrawn by the maker of the motion without the consent of the Councilmember who seconded the motion.

32. 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 voice and recorded by the City Clerk. The Mayor shall announce the result of the vote.

3. Tie Votes:

When one Councilmember is absent a nd a matter under discussion remains unresolved as the result of a tie vote on all motions made on such matter, the matter shall be automatically continued to the next Council meeting when it is reasonably known that all Councilmembers will be presen t, provided that this rule shall not apply to matters involving the appellate jurisdiction of the City Council. The Council exercises “appellate jurisdiction” when it considers ma tters in which a subordinate body such as the Planning Commission could, but for an appeal to the City Council, confer final approval.

44. Failure to Vote:

When present, all Councilmembers are to vote (affirmative, dissenting, abstention).

Absent a disqualification under State law, in cluding conflict of interest provisions and prohibitions on participating when personal bias would prohibit a fair decision, it is the responsibility of every Councilmember to vote. Failure of a seated Council member to express a vote constitutes an affirmative vote.

5. Abstentions:

A Councilmember who abstains determines not to vote “yes” or “no” and shall be recorded as an abstention. A Council member who abstains from voting shall nonetheless be counted towards making a quorum.

6. Legal Disqualifications:

Any Council Member who has a conflict of interest or potential conflict of interest shall, immediately prior to the consideration of the matter, do all of the following: (a) Publicly identify the facts or circumstances that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public; (b) Recuse himself or herself from discussing and voting on the matter; and (c) Unless the matter is on the consent calendar, leave the Council Chambers during the debate and voting on the issue. The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum.

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Failure to vote that is not compel led by a legal disqualification shall constitute an affirmative vote. A C ouncilmember who fails to vote shall nonetheless be counted towards making up a quorum.

5. Abstaining from Vote for Reason s Other than an Identified Legal Disqualification:

A Councilmember who abstains determines not to vote “yes” or “no”. A vote to “abstain” except for an iden tified legal disqualificati on shall be counted as an affirmative vote. A Councilmember shall state a reason for abstaining prior to doing so; failure to do so will constitute the sa me action as silence or failure to vote. A Councilmember who abstains from voting fo r 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 disqualification prescribed by law in a matter before the City Council. In such event, they may not particip ate in the discussion or the vote. Councilmembers shall state the specific reason for such disqualification. Unless the matter is on the consent calendar, the ab staining Councilmember shall leave the Council dias until the conclusi on of the agenda item . The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum.

7. Tie Votes:

When one Councilmember is absent and a matter under discussion remains unresolved as the result of a tie vote on all motions made on such matter, the matter shall be automatically continued to the next Council meeting when it is reasonably known that all C ouncilmembers will be present, provided that this rule shall not apply to matters involving the appellate jurisdiction of the City Council. The Council exercises “ap pellate jurisdiction” when it considers matters in which a subordinate body such as the Planning Commission c ould, but for an appeal to the City Council, confer final approval.

7. Enforcement:

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

88. Appeal From the Mayor’s Decision:

When the rules are silent, the Mayor shall d ecide all questions of order, subject to appeal by any Councilmember. When in doubt, the Mayor may submit the question to the City Council. Any d ecision or ruling of the Ma yor may be appealed by request of any Councilmemb er. The Mayor shall immedi ately 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, Commissions and Committees – Ci ty Representatives – Standing Committee:

1. Definitions:

a. Boards, Commission and Committees:

The City Council shall es tablish by ordinance all boards and commissions which shall advise the City Council and perform such other functions 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 appointed to serve on County, regional or multi-purpose agencies, committees and commissions to represent the City.

c. Standing Committee:

The only standing committee of the City Council may be the Committee of the Whole. The Mayor, or the Vice Ma yor (in the Mayor’s absence) shall be the Mayor of the Committee of the Whole. The Rules of Proceedings will be the same as the rules for the City Council.

2. Application and Appointment Process:

The members shall be appoi nted by the Mayor with the approval of the City Council, in accordance with the following procedure:

a. Vacancy, Announcement, Interview and Applicant Pool:

The City Clerk shall maintain records of membership status of boards, commissions and committees. The Cler k shall notify the Mayor of each vacancy.

When a vacancy occurs, the Mayor shall announce the vacancy at a Council meeting and invite the public to appl y for the position or positions. When the Mayor determines that sufficient applications 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 applications and make its decision whether to interview

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 applicants, and
 The date of the Council meeting for making the appointment if no interviews are held.

The final date for receiving applicati ons 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 of all applications received to the C ity Council. If, at that meeting, Council decides to hold interviews, it shall then determine the interview process, including which applicants will be interviewed and schedule the interviews. After the interview process is complete, the Mayor shall schedule the meeting for making the appointment.

b. Application Required:

No person shall be appointed to a board, commission or committee without filing a written application for appoin tment 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 Mayor’s intention to make an appointment to a board, commission or committee.

d. Publishing Names of Appointees:

The name of the intended appointee shall be included on the agenda for the meeting at which the appointment will be made.

e. All Applications Provided to All Councilmembers:

The City Clerk shall include in the City Council’s agenda packet for the Council meeting at which the Mayor’s appointment is scheduled, all current applications filed for appointment to the board, commission or committee designated in the Council Referral section of the Agenda. In the event there are multiple vacancies on the same board, commission or committee the Mayor shall schedule the appointment and name the appointees of all vacant positions of any one board on the same Council meeting.

f. Nomination and Approval of Mayor’s Appointment:

The Mayor shall place in nomination the name of the person intended to be appointed from among the persons in the final applicant pool. No second to the nomination shall be made, but de bate 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 order for any Councilmember to place in nomination any other person other than the person placed in nomination by the Mayor. Upon approval of the no mination by the C ity Council, the Mayor’s appointment is confirmed and approved. Prior to the vote by the

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City Council, the Mayor may, without debate or vote, withdraw the nomination and or continue the matter to a further Council meeting.

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

If the Mayor’s intended appointment is not approved, the Mayor shall at the same or subsequent meeting place in nomination another person’s name from the pool. The process continues until an appointment by the Mayor is approved, in accordance with the procedure set forth in this document.

h. Councilmember Prohibition:

Unless the legislation adopted by the City Council for a particular board, commission or committee expr essly provides otherwise, no Councilmember shall be el igible for appointment as a member of, or representative or liaison to a City board, commission or committee.

i. Applications: Current List:

A current list of applicants is established each year. Applications may be submitted to the City Clerk at any time between January 1 and December 31. These applications may be considered for various vacancies throughout the year; however, on December 31, any remaining applications of these persons not appointed will be void. In order to be considered in the following year, new applications will need to be submitted starting January 1.

B. Appointment to Outside Agencies

1. Citizen Appointments:

Any appointment of any person, except a Councilmember, as a member of a County, regional, multi-pur pose agency, or other out side agency shall be accomplished in the same manner as appoi ntments to boards, commissions 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 nomina ting, announce the appointment of the designated Councilmember as a member of a County, regional, multi-public agency, or other outside agency, at the time the matter is considered at the City Council meeting. If no motion is made by a Councilmember, immediately following the Mayor’s announcement, to submit the Mayor’s intended appointment to formal vote of the City Council, the Mayor’s announced appointment is deemed approved.

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C. Removal of Member of B oard 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 Mayor or a Counc ilmember. Any proposed removal shall be scheduled as a Council Referral on the agenda of a regular Council meeting, with the name of the person proposed to be removed printed on the agenda.

D. Waiver of Requirements:

In the event compliance with any of the above requirements would seriously interfere with or interrupt the important business of the City, the City Council may, 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 be used as a guide to the conduct of the meetings of the City Council.

The failure of the City council to conform to said rules shall not, in any instance, be deemed to invalidate the action taken. It shoul d be noted here the identities of some of the motions listed in these 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 guide 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 motion is made and seconded, it shall be restated by the Mayor before discussion or de bate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. The Mayor shall restate the motion prior 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 li mits of discussion
(9) Postpone to a time certain (o r 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
D. Purpose of
Motions When Used:

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(1) Motion to Fix Time to Adjourn To: A motion to fix the time to which to adjourn requires a second, is amendable and is deba table only as to the time (and date) to which the meeting is to be adjourned, and at which 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 meeting, taking into consideration the completion of any unfinished business which may remain at adjournment. The time a nd date to which unfinished business will be considered may or may not be the next regular meeting.

(2) Motion to Adjourn: A motion to adjourn requires a second and is not debatable except to set the date and time to which the meeting is adjourned to consider the unfinished business. The purpose of a motion to adjourn is to terminate the meeting forthwith, notwithstanding that the business on the agenda has not been completed, and notwithstanding a time fixed for adjournment has not yet arrived. A motion to adjourn shall be in order at any time, ex cept as follows: (i) when repeated without intervening business or discussion; (ii) when made as an interruption of a Councilmember while speaking; (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 re cess requires a second, is amendable, but is not debatable. The purpose of a motion 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 recesses and declare such without formal motion; a formal motion is intended to be used when there is not an apparent consensus.

(4) Motion to Raise a Question of Personal Privilege: The right of a Councilmember to address the City Council on a question of personal privilege shall be limited to cases in which the Councilmember's integrity, character, or motives are questioned, or to when the welfare of the City Counc il is concerned; the maker of the motion may interrupt another speaker if the Mayor recognizes the “privilege.” The motion does not require a second, is not amendable, and is not debatable.

(5) Motion to Raise a Point of Or der (Call for Agenda Adherence): A motion to raise a point of order or call for agenda adherence does not require a second, is not amendable, and is not debatable. The purpose of the motion is to question whether a matter being discussed is adhering to the agenda item being considered. The custom and practice of the City Council is that the Mayor will sense the consensus of the City Council to take agenda items out of order, in order to expedite the efficient conduct of the 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.
(6) Motion to Table: The purpose of the motion is to terminate further consideration of the subject being discussed, without qua lification. The effect of the motion, if approved, is to not only end discussion on any other motion being considered, but to preclude any other motion being made . A motion to table requires a second, is

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not amendable, and is not de batable. If the intent of the motion is actually to interrupt business for more urgent business, a motion to postpone or continue to a time certain at the same or another meeting shall be us ed instead of a motion to table. If the intent is to postpone indefinitely, 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 termination of any further consideration, a motion to postpone or continue, or some other main potion should be used instead of a motion to table. No motion to “take from the table” shall be recognized, either at the same or subsequent meeting. The foregoing shall not preclude any Councilmember fro m placing the subject on an agenda for a later City Council meeting, under Council Referrals.

(7) Motion to Close Discussion or Debate: A motion to close discussion requires a second, is not debatable and is not amendable. It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. 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. The purpose of the motion is to close discussion on pending motions without qua lification. The custom and practice of the City Council permits th e Mayor to terminate discussion upon sensing the consensus of City Council to do so w ithout a formal motion. The custom and practice of the City Council also permits the Mayor, reflecting the consensus of the City Council, to consider a motion to close discussion, to state such consensus and declare that the vote will be on the pending motion.

(8) Motion to limit or Extend Discussion or Debate: A motion to limit or extend discussion or debate requires a second, is amendable and is not debatable. The purpose of the motion is to limit the time individual members of the City Council may speak on the subject or motion being considered, or to extend the time limit previously fixed.

(9) Motion to Postpone to Time Certain or Continue to a Certain Time: A motion to postpone to a time certain or continue to a certain time is amendable, and is debatable as to the propriety of postponement and as to time set in the motion. The purpose of the motion is to postpone th e subject under 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 Officer: A motion to refer requires a second, is amendable, and is debatable onl y as to the propriety of referring. The substance of the subject being referred shall not be discussed at the time the motion to refer is made. The purpose of the motion is to send the subject to the City Manager, advisory body or other City officer for further study and report back to City Council, at which time the subject will be fully discussed.

(11) Motion to Substitute Motion: A motion to substi tute the motion under consideration with anothe r motion requires 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 the necessity to vote on the

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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 mo tion requires a second, is amendable, and is debatable only when the motion to which it applies is debatable.

A motion to amend an amendment is in or der, but one to amend an amendment to an amendment is not. An amendment modi fying a motion is in order, but an amendment raising an independent question or one that is not germane to the main motion shall not be in order. Amendmen ts take precedence over the main motion and the motion to postpone indefinitely. Amendments to amendments are voted on first, then the amendment, then the main motion as amended.

(13) Motion to Postpone Indefinitely: A motion to postpone i ndefinitely requires a second, is not amendable, and is debatable. If the motion is a dopted, the principal question shall be declared lost. The purpose of the motion to postpone indefinitely is to avoid a direct vote on the main mo tion or on any other motion on the subject under discussion. Its correct use is when the intent is to specify qualifications or conditions upon which the City Council would again consider the subject. It should not be confused with the motion to ta ble, which is a means 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 immediat ely following the final actio n on the agenda subject under discussion and prior to the City Council taking up another agenda subject for consideration. A motion to reconsider requi res a second, is debatable, and is not amendable. Such motion must be ma de by a Councilmember who voted on the prevailing side of the final action, but may be seconded by any Councilmember. A motion to reconsider shall have precedence over all other motions. The purpose of a motion to reconsider is to bring back the matter for consideration. If a motion to reconsider fails, it may not itself be r econsidered. Reconsideration may not be moved more than once on the same motion.

(15) Motion to Reschedule: 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 for further consider ation at a future m eeting; provided the Mayor may postpone the motion until the conclusion of whatever other agenda item is under discussion. The motion to reschedul e requires a second, is not debatable, and is not amendable. The maker of the motion may make a very brief statement of reason for the motion. If the motion passes, the Mayor shall determine by consensus or vote, the meeting date at which the subject shall be rescheduled, which shall take into consideration whatever publicati on of notice and any special notice to interested parties that may be required. If a Councilmember, whether or not voting on the prevailing side, wants the City Council to “reconsider” a subject upon which final action has been taken by the C ity Council, and the Councilmember is precluded from making a motion to r econsider or reschedule pursuant to paragraph (14) and the foregoing provisions of paragraph (15) the Councilmember

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may seek such “reconsideration” by scheduling the subject as a “Council Referral” on a subsequent agenda.

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APPENDIX A

COUNCIL TRAVEL BUDGET AND EXPENSE REIMBURSEMENT
POLICY

CITY OF FREMONT

COUNCIL TRAVEL BUDGET

AND EXPENSE REIMBURSEMENT POLICY

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

Section 1:

It is the policy of the City Council of the City of Fremont that Councilmembers and the Mayor be reimbursed for actual and necessary expenses in curred in the performan ce of official duties, subject to budget, applicable laws, standards and procedures established by Council.

Section 2:

Reimbursable expenses are limited to those wh ich would be deductible business expenses under IRS regulations and are incurred in complian ce with IRS “accountable” plan requirements.

Expenses will further comply with the City’s Administrative Regulation 3.2 (Authorized Business Travel), where applicable. An expense will not be reimbursable if it is paid for or reimbursed by another entity or person. Subject to the foregoing, actual and necessary expenses will be reimbursed to the Mayor or any C ouncilmember if they arise from or are incurred in connection with the following type of occurrence:

A. Communicating with represen tatives of regional, state an d national governm ent on City adopted policy positions;

B. Attending educational seminars or seminars designed to improve officials’ skill and/or information levels;

C. Participating in regional, state and national organizations whose activities affect the City’s interests;

D. Attending City events an d City sponsored functions;

E. Implementing a City approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member;

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

G. Where expenses that are otherwise reasonabl e under this policy if pre-approved by the City Council are incurred unexpectedly and under emergent circumstan ces while on City business, and where the required City Council pre-approval cannot be obtained because of the circumstances.

Section 3:

All claims for reimbursement sh all be submitted to the Financ ial Services Office on forms provided by the City, signed and ce rtifying that expenses were in curred in connection with an occurrence of the type specified in Section 2 of this Policy. All expense claim forms shall be completed to show the general na ture of the expenses incurred, such as travel, meals, telephone; the time and place incurred; names of guest in attendance; the relationship of all expenses to City business; and compliance with the expense reimbursement policies contained in this Policy. Only expense claims providing full disclosure and showing compliance with this policy and supported by receipts or sufficient other documentation will be reimbursed.

Section 4:

As part of the adoption of the annual operatin g budget each fiscal year, the City Council will allocate an individual appropr iation amount for Council travel and expense reimbursement for each Councilmember and the Mayor. Such alloca tion may not be exceeded without approval of the City Council. To the extent an individual annual budget allocation is exceeded without Council approval, such excess will be the responsibility of the Councilmember or Mayor.

Section 5:

A separate amount will be 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/Commission meetings, C ouncil/staff meetings, a nd Council hosting City guests. The Council may allocate an additional am ount each fiscal year to be used for Council- approved participation in unusual or non-recurring activities.

Section 6:

Quarterly itemized reports of expenses incurr ed by Councilmembers a nd the Mayor will be prepared by the Financial Services Director and provided to the City Council by the City Manager.

This report is in addition to any other periodic budget reports the Council may receive.

Section 7:

A City credit card may be issu ed to a Councilmember or the Mayor upon request. No personal charges, including but not limited to charges for alcoholic beverages, personal telephone calls from hotel rooms while on business trips, and nonbusiness side trips, may be made on a City credit card, except that, in order to facili tate express check-out, telephone access charges and charges for similar services may be made on a City credit card and then offset against the per diem allowance.

Documentation for the per diem allowance and the related deduction fo r any amounts claimed through use of a City credit card and meals included in any conference regi stration fees must be submitted with all other receipts at the completion of the travel. All receipts for charges on a City credit card, including the documentation requirements specified in Section 3, shall be submitted to

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the Financial Services Office within five days of incurrence of the char ge 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 economical fare available cons istent with the available travel time of the individual making the trip. Government and group rates must be used for lodging and transportation when available. Unless otherwis e specified, expenses meeting the rate limitations imposed by Section 2 of this policy are considered reasonable.

If the travel includes a nonbusiness side trip, the City Manager’s office will make the travel arrangements so that the business po rtion of the cost can be identifi ed. In this situation, the cost of the travel will be paid for by the individual and a City credit card may not be used to pay for the travel arrangements unless the total cost of the n onbusiness side trip is less than the total cost of the business portion of the trip, in which case any extra costs resulting from the inclusion of the nonbusiness side trip will be the res ponsibility of, and will be paid for by, the individual. If the trip is wholly paid for by the individual making a nonbusiness side trip, then an expense claim for reimbursement of the expenses related to City business must be submitted 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 advance, no expense w ill be reimbursed that exceeds the following rates:

A. Air Fare: Allowable air travel costs shall be calculated by using the shortest and most direct route with the least number of en-route stops. All air travel 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 mileage rate for business use of a taxpayer’s private vehicle, as published by the Internal Revenue Service of the United States of America, will be multiplied by the number of miles travel ed in an individual’ s personal 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. Expenses for gasoline and emerge ncy repairs which are reasonable under the circumstances and in the locality where the vehicle is operated will be reimbursed.

D. Lodging: If lodging expens e is incurred in connection w ith a conference or organized educational activity specified in Government Code Secti on 53232.2(d), then the lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available when booking the reservation.

If the group rate is not then available, then lodging expenses that are comparable and that are otherwise consistent with the expense reimbursement policy and do not exceed $300.00 per night shall be deemed reasonable and shall be subject to reimbursement. Lodging costs not incurred in connection with a conference or educational activity that are otherwise

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consistent with this expens e reimbursement poli cy and less than $300.00 per night are considered reasonable and shall be subject 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 s upporting 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 C ouncil approval. Where a confer ence or other organized activity includes a meal or meals as part of the cost s of the activity no separate meals will be reimbursed without prior City Council approval.

F. Other Expenses: Actual and reasonable in cidental costs incurred for travel away from home, considering all the circumstances, will be reimbursed for: Telecommunication and fax charges, telephone expenses, laundry and/or dry cleaning charges, parking, shuttle, and taxi, and other miscellaneous necessary expenses.

Section 9:

A report on the accomplishments of any business trip shall be made at the next regularly scheduled City Council meeting after the individual’s return from the trip.

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

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Appendix B

I. Overview and Purpose:

In October 2011, the City implemented a paperl ess 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 noted that Councilmembers also have the option to purchase the electronic tablet in the event that 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 Appendix C is to also incl ude Administrative Re gulation 1.14 – Use of Electronic Communications and the Internet as well as provide the 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 during a meeting of the City Council or at Closed Session at which he or she is in attendance, with the exception of the use of electronic tablets during such meetings, these can be used for accessing City Council Agendas and Reports (a nd relative subject matter notes using City-sponsored software). Electronic tablets may not be used for e-mail or other e-communication during Council or Closed Session meetings.

The foregoing limitation shall not apply to receipt of telephone calls or text messages from family members in the event of an urgent family matter. The Council member wishing to respond to such a message during the meeting sh all do so during a recess or shall excuse him or herself from the meeting to place the re turn call or text in a manner that does not disrupt the meeting.

PAPERLESS COUNCIL AGENDA PROCESS

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Appendix C

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.

These types of requests are awarded at the discretion of the Mayor. Requests should be received no later than 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. Proclamations for Exemplary Service

Purpose: Awarded 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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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$).

C. Certificates of Recognition or Appreciation

Purpose: To express recognition or appreciation for exemplary service rendered to the City of Fremont when a proclamation 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.

D. Special 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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MOTIONS COMPARISON CHART

Fremont City Council Handbook

Motion To: Second
Needed
Debatable Amendable Vote Needed
Adjourn Yes No No Majority
Take a Recess Yes No Yes Chair Decides* or Majority
Raise Point of Privilege No No No Chair Decides
Raise Point of Order No No No Chair Decides* or Majority Table Yes No No Majority
End Debate Yes No No Chair Decides* or Majority*
Postpone Yes Yes Yes Majority
Refer to Staff or
Advisory Body
Yes Yes Yes Majority
Substitute a Motion Yes Yes No* Majority
Amend a Motion Yes Yes Yes Majority
Postpone Indefinitely Yes No* Yes* Majority
Reconsider Yes Yes No Majority

* Asterisk denotes where Fremont City Council Handbook differs from Robert’s Rules of Order.

Rosenberg’s Rules of Order

Motion To: Second
Needed
Debatable Amendable Vote Needed
Adjourn Yes No No Majority
Take a Recess Yes No Yes Majority
Raise Point of Privilege No No No Chair Decides
Raise Point of Order No No No Majority
Table Yes No No Majority
End Debate Yes No No 2/3 Vote
Postpone Yes Yes Yes Majority
Refer to Staff or
Advisory Body
Yes Yes Yes Majority
Substitute a Motion Yes Yes Yes Majority
Amend a Motion Yes Yes Yes Majority
Postpone Indefinitely Yes Yes Yes Majority
Reconsider Yes Yes No Majority

[ ] Highlight denotes where Rosenberg’s Rules differs from Fremont City Council Handbook.

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REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg

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MISSION and CORE BELIEFS
T o expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
T o be recognized and respected as the leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

About the Author
Dave Rosenberg is a Superior Court Judge in Y olo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Y olo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Y olo-Solano Air Quality Management District, the Y olo County Economic Development Commission, and the Y olo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.

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Attachment: Rosenberg's Rules of Order (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES) 1 Table of Contents
About the Author ............................................................................................................ii Introduction ....................................................................................................................2 Establishing a Quorum ...................................................................................................2 The Role of the Chair ......................................................................................................2 The Basic Format for an Agenda Item Discussion ........................................................2 Motions in General .........................................................................................................3 The Three Basic Motions ................................................................................................3 Multiple Motions Before the Body .................................................................................4 T o Debate or Not to Debate ............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes ................................................................................................................5 The Motion to Reconsider ..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input ..................................................................................7

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Attachment: Rosenberg's Rules of Order (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES) 2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. T o the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg’s Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.

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Attachment: Rosenberg's Rules of Order (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES) 3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain. ” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

T enth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body. ”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings. ”
The chair usually initiates the motion in one of three ways:

1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order. ”

2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings. ”

3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser. ”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.

If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

1. The chair can ask the maker of the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.

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Attachment: Rosenberg's Rules of Order (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES) 4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

T o Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):

Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight. ” It requires a simple majority vote.

The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee. ” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year. ”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend, ” but the chair determines that it is really a “substitute motion, ” then the chair’s designation governs.

A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion. ” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser. ” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser. ” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year. ” The proper procedure would be as follows:

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Attachment: Rosenberg's Rules of Order (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES) 5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.

What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold. ” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October. ” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.

Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question. ” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.

When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote. ” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.

Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes. ” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions.

The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate. Whether a member says, “I move the previous question, ” or “I move the question, ” or “I call the question, ” or “I move to limit debate, ” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.

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Attachment: Rosenberg's Rules of Order (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES) 6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain, ” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain. ”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent. ” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.

First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting, ” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting. ” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting. ” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.

If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes, ” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present. ” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes, ” one “no” and one “abstain, ” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.

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Attachment: Rosenberg's Rules of Order (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES) 7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day. This is simply another way of saying, “return to the agenda. ” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: T ell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.

The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no. ” There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be, “point of privilege. ” The chair would then ask the interrupter to “state your point. ” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.

Order. The proper interruption would be, “point of order. ” Again, the chair would ask the interrupter to “state your point. ” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.

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Attachment: Rosenberg's Rules of Order (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES) 1400 K Street, Sacramento, CA 95814
(916) 658-8200 | Fax (916) 658-8240
www.cacities.org
T o order additional copies of this publication, call (916) 658-8200. $10
© 2011 League of California Cities. All rights reserved.

Printed on recycled paper.

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Attachment: Rosenberg's Rules of Order (5006 : REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES)

Fremont City CouncilSeptember 19, 2023

Fremont City Council
September 19, 2023