Agenda packet, regular meeting — Fremont City Council, February 8, 2022

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

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

City Staff

Karena Shackelford, City Manager
Debra Margolis, Interim City Attorney
Brian Stott, Assistant City Manager
Christina Briggs, Deputy City Manager

Allen DeMers, Human Resources Director
Susan Gauthier, City Clerk
Curtis Jacobson, Fire Chief
Hans Larsen, Public Works Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Suzanne Shenfil, Human Services Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Suzanne Wolf, Community Services Director

Fremont City Council
Agenda and Report
February 08, 2022

General Order of Business

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

2. Consent Agenda

3. Ceremonial Items

4. Public Communications

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

6. Report from City Attorney

7. Other Business

8. Council Communications

9. Adjournment

IMPORTANT NOTICE REGARDING THE

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

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

Submission of Public Comments: For those wishing
to make public comments at the February 8, 2022
Council meeting, you may either: (1) submit your
comments by email prior to the meeting, or (2) by
Spoken Public Comment during the meeting. If you
experience technical problems with the telephonic
meeting, please contact the City Clerk’s Office at
(510)284-4060 or [email protected] .

See instructions on next page.

Agenda and Report - Fremont City Council Meeting - February 08, 2022

February 8, 2022 Fremont City Council Page 2
How to submit Public Communications / Public Comment by email prior to the meeting:

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

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

How to provide Spoken Public Comment during the meeting:
1) By phone 833-430-0037 (toll free). Webinar ID: 979 8020 1625. Click *9 to raise a hand to speak. 2) By online https://zoom.us/j/97980201625
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.

February 8, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
February 08, 2022
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

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

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

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. APPROVAL OF MINUTES – for the Regular Meeting of November 9, 2021, the Special Meeting of November 14, 2021, the Special and Regular Meetings of November 16, 2021, the Special and Regular Meetings of December 7, 2021, the Special and Regular Meetings of December 14, 2021, the Regular Meeting of January 11, 2022, and the Regular Meeting of January 18, 2022
Contact Persons:

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

RECOMMENDATION: Approve minutes.

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

Name: Debra Margolis Christina Briggs
Title: Interim City Attorney Deputy City Manager
Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4022
E-Mail: [email protected] [email protected]

February 8, 2022 Fremont City Council Page 4
RECOMMENDATION: Staff recommends that the City Council make the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:

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

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

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on March 8, 2022.

D. AMENDMENTS TO THE SPECIAL EVENTS ORDINANCE AND STAFF CHARGES - Introduce an Ordinance Amending the Special Events and Parades Ordinance and Adopt a Resolution Amending the Master Fee Schedule to Change City Staff Charges for Special Events
Contact Persons:

Name: Amy Gee Kim Beranek
Title: Management Analyst
II/Public Affairs Coordinator
Deputy Director
Dept: Police Department Community Services
Phone: 510-790-6967 510-494-4330
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Waive full reading and introduce the proposed ordinance amending the Special Events and Parades Ordinance.

2. Adopt a resolution amending the Master Fee Schedule for Special Event Staff Charges as outlined in Draft Resolution – Amend Master Fee Schedule Special Events.

3. Ceremonial Items
A. Proclamation: Congenital Heart Defect Awareness Week, February 7-14, 2022
B. Proclamation: Honoring Black History Month, February 2022

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.

February 8, 2022 Fremont City Council Page 5

6. Report from City Attorney - None.

7. Other Business
A. CENTERVILLE COMPLETE STREETS PROJECT - Approval of Direction for the Street Design Along Fremont Boulevard to Retain Four Vehicle Lanes (Two in Each Direction) in the Centerville Business District Area, Generally Between Thornton Avenue and Central Avenue, as Part of the Centerville Complete Streets Project (PWC 8946)
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: Approval of direction for the street design along Fremont Boulevard to retain four vehicle lanes (two in each direction) in the Centerville business district area, generally between Thornton Avenue and Central Avenue, as part of the Centerville Complete Streets Project (PWC 8946).

8. Council Communications
A. Council Referrals - None.

B. Oral Reports on Meetings and Events

9. Adjournment
February 8, 2022 Fremont City Council Page 6

February 8, 2022 Fremont City Council Page 7

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

February 8, 2022 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 Monday,
February 7, 2022 5:30 p.m. Joint City Council/FUSD
Meeting FUSD Live
February 8, 2022 7:00 p.m. City Council Meeting Council Chambers Live
February 15, 2022 7:00 p.m. City Council Meeting Council Chambers Live
February 22, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
February 22, 2022 No 7 PM City Council Meeting
(4th Tuesday)
March 1, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
March 8, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
March 15, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
March 22, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
March 22, 2022 No 7 PM City Council Meeting
(4th Tuesday)
March 29, 2022 No 7 PM City Council Meeting
(5th Tuesday)
April 5, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
April 12, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
April 19, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
April 26, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
April 26, 2022 No 7 PM City Council
Meeting (4th Tuesday)

Fremont City Council Meeting: 02/08/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4533) DOC ID: 4533
Updated: 1/21/2022 9:48 AM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Regular Meeting of November 9, 2021, the Special Meeting of November 14, 2021, the Special and Regular Meetings of November 16, 2021, the Special and Regular Meetings of December 7, 2021, the Special and Regular Meetings of December 14, 2021, the Regular Meeting of January 11, 2022, and the Regular Meeting of January 18, 2022 Contact Persons:

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

APPROVAL OF MINUTES – for the Regular Meeting of November 9, 2021, the Special Meeting of November 14, 2021, the Special and Regular Meetings of November 16, 2021, the Special and Regular Meetings of December 7, 2021, the Special and Regular Meetings of December 14, 2021, the Regular Meeting of January 11, 2022, and the Regular Meeting of January 18, 2022

ATTACHMENTS:
• Draft Minutes

RECOMMENDATION: Approve minutes.

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*Consent Items

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MINUTES

FREMONT CITY COUNCIL MEETING
NOVEMBER 9, 2021

FREMONT CITY HALL

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:02 p.m.

B. Flag Salute: Councilmember Salwan led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Ma yor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, and Cox

D. Announcements by Mayor/City Manager

Mayor Mei announced the Boards and Commissions vacancies.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: – None.

* B. Approval of Minutes – None.

* C. Mayor Mei opened consideration to Authorize the City Manag er or designee to execute the Facilities Maintenance Agreement with BrightView Landscape Services, Inc. (Landscape Services at City Fire Stations and Training Facilities)

On a motion by Councilmember Salwan, seconded by Councilmember Jones, the City Council awarded facilities maintenance agreement through June 30, 2026 and authorized the City Manager or designee to execute the agreement with BrightView Landscape Services, Inc., with a total not to exceed amount of $305,852.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, an
d Cox
Noes: None

Absent: None
Abstain: None

* D. Mayor Mei opened consideration to Authorize the City Manag er to Execute an Amendment to Centerville Presbyterian Church’s Freezer-Refrigerator Replacement Agreement and Making Findings of CEQA Exemption (Execute Federal CDBG Agreement Amendment)

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*Consent Items

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On a motion by Councilmember Salwan, seconded by Councilmember Jones, the City Council authorized the City Manager or her designee to execute a $95,000 Community Development Block Grant (CDBG) amendment with Centerville Presbyterian Church to support its Freezer- Refrigerator Replacement project for a new agreement total not to exceed amount of $215,000.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Cox, Jones, Kassan, and Salwan
Noes: None

Absent: None
Abstain: None

3. CEREMONIAL ITEMS

A. Resolution: Recognition of Veterans Day and War Veteran Rafael Garcia

B. Resolution:

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Kelly Abreu shared a variety of comments and concerns.

5. SCHEDULED ITEMS

A. Mayor Mei opened consideration of Public Hearing to Conside r Adopting a Resolution Amending the City of Fremont Master Fee Schedule to Update Human Services Department and Police Department Fees and Making Findings of CEQA Exemption

*This item was added to the Consent Calendar.

On a motion by Councilmember Salwan, seconded by Councilmember Jones, the City Council adopted Resolution No. 2021-72 approving the following recommendations regarding fees for the Age Well Center Services:

1. Section V. Human Services, B. Age Well Center, #2 Facility Rental Schedule.

2. Section VII. Public Safety, A. Police, #7 Panic, Duress, and Robbery Alarm Permit Fees (001.21650.3773).

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones,
Kassan, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

6. REPORT FROM CITY ATTORNEY – None.

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*Consent Items

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7. OTHER BUSINESS

A. Mayor Mei opened consideration to Authorize the City Manage r to Execute a Lease Agreement with East Bay Regional Park District (EBRPD) to include 900 acres at Stanford Staging Area and the Larger Mission Peak Area for the Purpose of Public Park, Recreation and Open Space

Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

Community Services Director Suzanne Wolf, Police Chief Sean Washington and Fire Chief Curtis Jacobson provided a presentation. Staff responded to questions from Councilmember.

Mayor Mei opened the public comment period. The following persons requested Council reject the lease: Jannet Benz, Ajit, Sanjay Radia, Ting Li, Prakoon Chen, Veronica Pang, Tony Pang, Dushyant Pata, Asok Chatterjee, Ravi K, Gary Parikh, *167/Ajay, Padma, Suchetadeora, Kelvin Chao, Rujul Pathak, and *244/Byron Cooper. The following persons shared a variety of concerns: Colin, Kuldip Grewal, and Susie Claxon. The following persons requested Council approve the lease: Richard Godfrey, Kelly Abreu, *555/James Keller, and William Yragui.

There being no additional speakers, Mayor Mei closed the public comment period. This was followed by comments from Councilmembers.

On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council rejected the lease and requested the lease be redrafted to address Council concerns.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

8. COUNCIL COMMUNICATIONS

A. Council Referrals – None.

B. Oral Reports on Meetings and Events – None.

9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting, in memory of Alameda County Board Supervisor Wilma Chan, at 10:50 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
SUNDAY, NOVEMBER 14, 2021

FREMONT MARRIOTT SILICON VALLEY
46100 LANDING PKWY, FREMONT, CA 94538

SUNOL AND ARDENWOOD ROOMS
8:00 A.M.

Call to Order: Mayor Mei called the meeti ng to order at 8:10 a.m.

Roll Call: Present: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, and Cox

Public Comment: Kelly Abreu shared a variety of comments and concerns.

CONVENED TO A CLOSED SESSION

Public Employment
(Government Code Section 54957)

Title: City Attorney

The Special Meeting of the Fremont City Council adjourned at 1:04 p.m.

Attest: Approved:

_____________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor

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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
NOVEMBER 16, 2021

VIRTUAL MEETING VIA ZOOM
6:15 P.M.

Call to Order: Mayor Mei called the meeti ng to order at 6:15 p.m.

Roll Call: Present: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, and Cox

Public Comment: None.

CONVENED TO A CLOSED SESSION at 6:19 p.m.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))

Sunhill Enterprises v. City of Fremont, Alameda County Superior Court Case No. RG17873584

The Special Meeting of the Fremont City Council adjourned at 7:00 p.m.

Attest: Approved:

_____________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor

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*Consent Items

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MINUTES

FREMONT CITY COUNCIL MEETING
NOVEMBER 16, 2021

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:03 p.m.

B. Flag Salute: Councilmember Cox led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, and Cox

D. Announcements by Mayor/City Manager

Mayor Mei announced the Boards and Commissions vacancies. City Manager Shackelford shared information regarding items of Council/community interest.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Vice Mayor Shao, seconded by Councilmember Jones, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, an
d Cox
Noes: None

Absent: None
Abstain: None

* B. Approval of Minutes – None.

* C. Mayor Mei opened consideration of a Second Reading and Ado ption of an Ordinance of the City of Fremont Repealing and Replacing Chapter 8.40, Solid Waste Recyclables and Organics Management

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Blair Beekman and Chris shared a number of concerns. There being no additional speakers, Mayor Mei closed the public comment period.

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*Consent Items

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On a motion by Councilmember Cox, seconded by Vice Mayor Shao, the City Council adopted Ordinance No. 2021-11.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* D. Mayor Mei opened consideration of Selection of the Vice Ma yor for the Period Covering November 2021 through July 2022

On a motion by Vice Mayor Shao, seconded by Councilmember Jones, the City Council confirmed appointment of Councilmember Raj Salwan as the Vice Mayor for the period covering November 2021 through July 2022.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, an
d Cox
Noes: None

Absent: None
Abstain: None

* E. Mayor Mei opened considera tion of Approval to Authorize the City Manager or Designee to Enter into Agreement and Issue Purchase Orders with ProPhoenix Corporation for the Software Installation, Professional Services, and Licenses for the City’s Multi-Agency Law Enforcement CAD/RMS Software System in an Amount Not to Exceed $2,126,006 and to Authorize Annual Support and Maintenance for a Ten Year Period in an Amount Not to Exceed $2,036,061; to Enter into Agreement with Union City for their Share of the Costs for the New CAD/RMS Software System; and to Enter into Agreement and Issue Purchase Orders with Integration Partners in an Amount Not to Exceed $502,960 (Purchase Replacement Software for the Police Department’s Computer Aided Dispatch (CAD), Records and Management System (RMS) Software)

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council:

1. Authorized the City Manager, or her designee, to enter into an agreement and to execute any implementing documents and take any implementing actions as necessary with ProPhoenix Corporation, in an amount not to exceed $2,126,006 to provide implementation, professional services, and licenses for the ProPhoenix CAD/RMS system.

2. Authorized the City Manager, or her designee, to enter into an agreement and to execute any implementing documents and take any implementing actions as necessary with

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*Consent Items

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Integration Partners in an amount not to exceed $502,960 to provide integrations and professional services.

3. Authorized the City Manager, or her designee, to enter into a 10-year Maintenance Agreement and to execute any implementing documents and take any implementing actions as necessary with ProPhoenix Corporation, the amount of $194,580 for the initial year of software support costs, will be waived at contract execution, and to renew the annual software Maintenance Agreement with ProPhoenix Corporation, with a 3% escalator or CPI, whichever is lower, for a total amount not to exceed $2,036,061 over ten (10) years.

4. Authorized the City Manager, or her designee, to execute a CAD/RMS Software System Replacement Agreement with the City of Union City to replace the current CAD/RMS Software System in an amount not to exceed $999,295.50.

5. If and when the City of Fremont receives the federal Grant d iscussed in the staff report, recognize the revenue in the Miscellaneous Federal Grants Fund (Fund 199) and appropriate it to the Police CAD/RMS Systems Replacement Project (PWC 9017-199).

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, and Cox
Noes: None

Absent: None
A
bstain: None

* F. Mayor Mei opened considera tion of Approval Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council made the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:

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

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

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on December 14, 2021.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, an
d Cox
Noes: None

Absent: None
Abstain: None

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* G. Mayor Mei opened considera tion of Approval of Specifications and Award of Contract to Global Road Sealing, Inc. in the Amount of $168,000 (Including 20% Contingency) for the 2022 Citywide Pavement Crack Seal Project; Make Findings of CEQA Exemption (PWC 8195-U1)

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Sharon Scharff shared a number of concerns. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Jones, seconded by Councilmember Keng, the City Council:

1. Found the project is exempt fro m review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 as the maintenance, repair or minor alteration of existing facilities involving negligible or no expansion of use beyond that presently exists.

2. Approved the specificati ons for the project.

3. Accepted the bid and awarded the construction contract to th e lowest responsive and responsible bidder, Global Road Sealing, Inc. in the amount of $140,000 and allocate a 20% construction contingency in the amount of $28,000 for a total construction contract amount of $168,000 and authorize the City Manager or designee to execute the contract.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, an
d Cox
Noes: None

Absent: None
Abstain: None

* H. Mayor Mei opened considera tion of Approval to Authorize the City Manager to Execute a Contract with The Hoffman Agency for Public Relations Services (Renewal of Public Relations/Marketing Communications Contract)

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Kelly Abreu shared a number of concerns. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council authorized the City Manager, or her designee, to execute a contract with The Hoffman Agency for public relations/marketing communications services in the amount of $105,000, for a seven-month initial term, with an option for two one-year extensions at a cost of $180,000 per year, not to exceed a total amount of $465,000.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, an
d Cox
Noes: None

Absent: None
Abstain: None

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3. CEREMONIAL ITEMS

A. Proclamation: Transgender Day of Remembrance, November 20, 2 021

B. Proclamation: Small Business Saturday, November 27, 2021

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Blair Beekman, and Chris shared a variety of comments and concerns.

5. SCHEDULED ITEMS

A. Mayor Mei opened consideration of the Recreation Commission ’s Recommendation to Approve a Commemorative Plaque for the new Downtown Event Center and Plaza (Consider a Quote for Inclusion on a Commemorative Plaque for the New Downtown Event Center and Plaza located in the Downtown District (PWC9032))

No presentation. Mayor Mei opened the public hearing. There being no speakers, Mayor Mei closed the public hearing.

On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council:

1. Found that the activity is not s ubject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378 (b)(2)(4)(5); and

2. Approved the Coretta Scott King quote recommended by the Recreation Commission for the Downtown Event Center and Plaza Commemorative Plaque.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, an
d Cox
Noes: None

Absent: None
Abstain: None

B. Mayor Mei opened consideration of Senior Citizens Commissio n Recommendation to Approve Quotes for commemorative plaques and the names “Age Well Center at South Fremont” for the new community facility located at 47111 Mission Falls Court and “Age Well Center at Lake Elizabeth” for the renaming of the community center located at 40086 Paseo Padre Parkway (Quotes for Commemorative Plaques and Naming of the New Senior Center at South Fremont and Renaming of the Senior Center at Central Park)

*This item was added to the Consent Calendar.

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On a motion by Vice Mayor Shao, seconded by Councilmember Jones, the City Council:

1. Found that the activity is not s ubject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378 (b)(2)(4)(5);

2. Approved the name “Age Well Cent er at South Fremont” for the community center serving adults 55+ located at 47111 Mission Falls Court (South Fremont);

3. Approved the name “Age Well Cent er at Lake Elizabeth” for the community center serving adults 55+ located at 40086 Paseo Padre Parkway (Central Park);

4. Approved the quote by CS Lewis fo r inclusion on the commemorative plaque to be installed at the community center at South Fremont;

5. Approved the quote by Audrey H epburn for inclusion on a commemorative plaque to be installed at the community center at Central Park; and

6. Appropriated $10,000 available in t he Capital Facilities Impact Fee Fund to pay for the commemorative plaque to be installed at the new center at South Fremont.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

C. Mayor Mei opened consideration of a Public Hearing (Publish ed Notice) in Accordance with the Tax Equity and Fiscal Responsibility Act (TEFRA) to Consider and Approve the Issuance of Tax-Exempt Bonds by California Municipal Finance Authority (CMFA) for Fremont Pacific Associates, LP. (Osgood Apartments)

No presentation. Mayor Mei opened the public hearing. Lisa Danz spoke in support of the item. There being no additional speakers, Mayor Mei closed the public hearing. Staff responded to questions from Councilmembers.

On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council:

1. Held a public hearing in accordance with the TEFRA;

2. Adopted Resolution No. 2021- 73 Approving the Issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority for the purpose of financing an affordable housing project in the City of Fremont to be developed by Fremont Pacific Associates, LP

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kass
an, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

6. REPORT FROM CITY ATTORNEY – None.

7. OTHER BUSINESS – None.

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8. COUNCIL COMMUNICATIONS

A. Council Referrals

1. Mayor Mei opened consideration of Mayor Mei Referral: Appoi ntments to Advisory Bodies

Appointments:

Advisory Body Appointee Term Expires
Youth Advisory Commission Katie Tang 12/31/2023
Ujwala Nettam 12/31/2022
Thoya Raman 12/31/2023
Meryl Mathew 12/31/2022
Edison Liu 12/31/2022
Netra Yadav 12/31/2023

On a motion by Vice Mayor Shao, seconded by Councilmember Salwan, the City Council approved appointments.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Jones, Kassan, Salwan, an
d Cox
Noes: None

Absent: None
Abstain: None

B. Oral Reports on Meetings and Events

Councilmembers reported on their various meetings and activiti es.

9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:10 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
DECEMBER 7, 2021

FREMONT CITY HALL
4:30 P.M.

Call to Order: Mayor Mei called the meeti ng to order at 4:35 p.m.

Roll Call: Present: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox

Absent: Councilmember Kassan

Public Comment: None.

CONVENED TO A CLOSED SESSION at 4:36 p.m.

Public Employment
(Government Code Section 54957)

Title: City Attorney

The Special Meeting of the Fremont City Council adjourned at 6:44 p.m.

Attest: Approved:

_____________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor

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MINUTES

FREMONT CITY COUNCIL MEETING
DECEMBER 7, 2021

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:02 p.m.

B. Flag Salute: Councilmember Shao led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, J ones, Kassan (arrived at 7:05 p.m.), Shao, and Cox

D. Announcements by Mayor/City Manager

Mayor Mei announced the Boards and Commissions vacancies. City Manager Shackelford shared information regarding items of Council/community interest.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, an
d Cox
Noes: None

Absent: None
Abstain: None

* B. Approval of Minutes

1. Mayor Mei opened consid eration of Approval of Minutes

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved the minutes for the Regular Meeting of September 14, 2021, the Special and Regular Meetings of September 21, 2021, the Special Meeting of September 28, 2021, the Special and Regular Meetings of October 5, 2021, the Special and Regular Meetings of October 12, 2021, the Regular Meeting of October 19, 2021, the Special Meeting of October 28, 2021, and the Regular Meeting of November 2, 2021

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Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

* C. Mayor Mei opened consideration to Adopt Resolution to Acce pt Highway Safety Improvement Program (HSIP) Grant Funds in the Amount of $1,664,550 and Approve Funding Agreements with Caltrans for the 2023 Pedestrian Crossing Enhancement Project (PWC 9078); and Appropriation Actions.

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council:

1. Adopted Resolution No. 2021-74 to accept the HSIP grant fund s and authorize the City Manager or designee to execute any associated grant documents.

2. Authorized the City Manager or designee to execute Administering Agency-State Agreement for State Funded Projects No. 04-5322S21 and approve and execute all Program Supplements for state funded transportation projects in the City of Fremont.

3. Appropriated $196,110 in HSIP gr ant funds to PWC9078-525.

4. Reallocated $80,000 from PWC8944-520 to PWC9078-520.

5. Reallocated $80,000 from PWC8944-520 to PWC9078-520.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, an
d Cox
Noes: None

Absent: None
Abstain: None

* D. Mayor Mei opened considerati on to Adopt a Resolution Approving a Grant Application to the California Department of Forestry and Fire Protection for Funding from the CAL FIRE Urban and Community Forestry Program for the 2021-2022 Application Cycle and to consider exemptions from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines sections: (1) 15162 and 15163; (2) 15307; (3) 15308, (4) 15304 and (5) 15378(b).

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council:

1. Found that the grant applicati on to the California Department of Forestry and Fire Protection is exempt from review under the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Sections 15162 and 15163, (2) CEQA Guidelines Section 15307, (3) CEQA Guidelines Section 15308, (4) CEQA Guidelines Section 15304 and (5) CEQA Guidelines Section 15378(b).

2. Adopted Resolution No. 2021-75 approving the submittal of an application to the California Department of Forestry and Fire Protection for a FY 2021/22 CAL FIRE Urban and Community Forestry Program grant and authorizing the City Manager or her

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designee to execute all necessary applications, contracts, agreements, amendments, payment requests, and any other implementing documents and to implement and carry out the purposes specified in the grant application.

3. Upon award of the grant to the City by the California Department of Forestry and Fire Protection, authorize the appropriation of the grant funds to PWC9080-525 in the Miscellaneous State Capital Grants Fund (Fund 525).

4. Upon award of the grant to the City by the California Department of Forestry and Fire Protection, authorize the transfer of $60,000 of tree mitigation fees from the Miscellaneous Special Revenue Fund (Fund 210) to the Capital Projects – Outside Sources Fund (Fund 502) and appropriate that amount to PWC9080-502.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

3. CEREMONIAL ITEMS

A. Resolution: Arunay Foundation

B. Resolution: Sea Valor

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Dianne Shaw (Vice President of Ohlone Humane Society), Connor Chen, Kelly Abreu, and Ricky Lin shared a variety of concerns.

5. SCHEDULED ITEMS

A. Mayor Mei opened consideration of City of Fremont Redistric ting Process – Public Hearing #2

Management Analyst, Amanda Gallo provided an introduction. Kristen Parks, consultant with the National Demographics Corporation gave the presentation. This was followed by questions from Councilmembers. Mayor Mei opened the public hearing. Kelly Abreu shared a number of concerns. There being no additional speakers, Mayor Mei closed the public comment period.

Councilmembers provided comment.

The City Council:

1. Received and filed a report on the public input received by the City of Fremont by November 22, 2021, regarding communities of interest and district boundaries.

2. Reviewed and discussed public input received by the City of Fremont by November 22, 2021, regarding communities of interest and district boundaries.

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3. Conducted a public hearing to r eceive additional public input on communities of interest and district boundaries.

6. REPORT FROM CITY ATTORNEY – None.

7. OTHER BUSINESS – None.

8. COUNCIL COMMUNICATIONS

A. Council Referrals

1. Mayor Mei opened consideration of Mayor Mei Referral: Reapp ointments to Advisory Bodies

Reappointments:

Advisory Body Appointee Term Expires
Alameda County Mosquito Abatement District George Young 12/31/2 025

Art Review Board Jacline Deridder 12/31/2025
Barbara Meerjans 12/31/2025
Nancy Benton 12/31/2025

East Bay Regional Park District Rick Jones 12/31/2022
Liaison Committee (Council Representative)

Economic Development Advisory Commission Yogi Chugh 12/31/2025 Benjamin Craig 12/31/2025

George W. Patterson House Advisory Board Christopher Thomas 12/ 31/2025 (At Large Representatives) Laura Calvillo 12/31/2025

Historical Architectural Review Board Alta Jo Adamson 12/31/202 5

Human Relations Commission M artin Kludjian, Jr. 12/31/2025 Shobana Ramamurthi 12/31/2025
Dyesha Gardner 12/31/2025

Library Advisory Commission Felix Lechner 12/31/2025

Mobility Commission Erin Vaca 12/31/2025
(Pedestrian Representative 1)

Mobility Commission Ken (Kuan Jen) Wu 12/31/2025
(Bicycling Representative 1)

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Reappointments:

Advisory Body Appointee Term Expires
Mobility Commission Nisar Ahmed 12/31/2025
(Transit Representative 1)

Planning Commission Be njamin Yee 12/31/2025

Recreation Commission Elisa Winters 12/31/2025

Senior Citizens Commission Kri shnaswamy Narasimhan 12/31/2025

Youth Advisory Commission A unyae Campbell 12/31/2023
Sriram Natarajan 12/31/2023
Saanchi Kapoor 12/31/2023

On a motion by Councilmember Shao, seconded by Councilmember Keng, the City Council approved reappointments.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, an
d Cox
Noes: None

Absent: None
Abstain: None

B. Oral Reports on Meetings and Events

Councilmembers reported on their various meetings and activiti es.

9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:35 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
DECEMBER 14, 2021

FREMONT CITY HALL
5:30 P.M.

Call to Order: Mayor Mei called the mee ting to order at 5:30 p.m.

Roll Call: Present: Mayor Mei, Vice Mayor Salwan, Councilmembers: Jones, Kassan, Shao, and Cox

Absent: Councilmember Keng

Public Comment: None.

CONVENED TO A CLOSED SESSION at 5:32 p.m.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))

Sunhill Enterprises v. City of Fremont, Alameda County Superior Court Case No. RG17873584

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Government Code Section 54956.9(d)(4))
Two potential cases

CONFERENCE WITH LABOR NEGOTIATOR:
(Government Code Section 54957.6)

Agency Designated Representatives: Karena Shackelford, City Manager; Brian Stott , Assistant
City Manager; Christina Briggs, Assistant City Manager; Allen DeMers, Human Resources Director; Dave Persselin, Finance Director; and Debra Margolis, Interim C ity Attorney

Employee Organizations:

Fremont Association of Management Employees
City of Fremont Employee Association
Operating Engineers, Local Union No. 3
Fremont Police Association
Fremont Police Managers' Association
Professional Engineers and Technicians Association
Teamsters, Local 856
Fremont Professional Fire Fighter s, International Association o f Fire Fighters, Local 1689
Battalion Chiefs, International As sociation of Fire Fighters, L ocal 1689

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The Special Meeting of the Fremont City Council adjourned at 7:00 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL MEETING
DECEMBER 14, 2021

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:09 p.m.

B. Flag Salute: Vice Mayor Salwan led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, J ones, Kassan, Shao, and Cox

D. Announcements by Mayor/City Manager

Mayor Mei announced the Boards and Commissions vacancies. City Manager Shackelford shared information regarding items of Council/community interest.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, an
d Cox
Noes: None

Absent: None
Abstain: None

* B. Approval of Minutes – None.

* C. Mayor Mei opened consideration to Consider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Blair Beekman and Laura Winter shared a variety of concerns. There being no additional speakers, Mayor Mei closed the public comment period.

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On a motion by Councilmember Jones, seconded by Councilmember Shao, the City Council:

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

2. The City Council has reconsider ed the circumstances of the COVID-19 state of emergency;

3. The City Council has reconsider ed the circumstances of the COVID-19 state of emergency;

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

* D. Mayor Mei opened consideration to Approve of the Intent to Construct Railroad Crossing Safety Improvements with the Goal of Creating Train Horn Quiet Zones in the Centerville Area at Six Locations, as Required in the Code of Federal Regulations “Use of Locomotive Horns at Highway-Rail Grade Crossings Final Rule”; Make Findings of CEQA Exemptions (Centerville Railroad Corridor Safety Improvement Project)

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Blair Beekman shared a variety of concerns. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Shao, seconded by Councilmember Jones, the City Council approved the following actions:

1. Authorized staff to begin the process to establish quiet zones at the Fremont Boulevard, Maple Avenue, Dusterberry Way, Blacow Road, Shinn Street and Clarke Drive crossings, in accordance with the requirements of 49 CFR Parts 222 and 229 - Use of Locomotive Horns at Highway-Rail Grade Crossings.

2. Authorized the City Manager or her designee to issue the Notice of Intent and Notice of Quiet Zone Establishment as required in the quiet zone establishment process.

3. Found that this project is exem pt from California Environmental Quality Act (CEQA) review pursuant to, without limitation CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing; Section 15302, as replacement or reconstruction of existing structures and facilities located on the same site and with substantially the same purpose and involving negligible or no expansion of capacity; Section 15303, as new construction or conversion of small structures, including street improvements; Section 15304, as minor alterations to land; and/or Section 15311, as construction or replacement of minor structures accessory to existing facilities including but not limited to on-premise signs. Each of the foregoing provides a separate and independent basis for CEQA compliance.

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Ayes: Mayor Mei, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Recuse
d: Vice Ma yor Salwan (property/business)

* E. Mayor Mei opened consideration of Approval of Plans and Sp ecifications and Award of Contract to JJR Construction, Inc. in the Amount of $2,411,702.62 (Including 15% Contingency) for the 2022 Citywide Concrete Repairs and Intersection Ramps Project; Make Findings of CEQA Exemption (PWC 8483-F)

On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council approved the following actions related to the 2022 Citywide Concrete Repairs and Intersection Ramps Project (PWC 8483-F):

1. Found that the project is categ orically exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15301 as the repair, maintenance or minor alteration of an existing facility involving no or negligible expansion of use beyond that presently exists.

2. Approved the plans and speci fications for the project.

3. Accepted the bid and award the contract to the lowest respon sive and responsible bidder, JJR Construction, Inc., in the amount of $2,096,702.62 and allocate a 15% construction contingency in the amount of $315,000 for a total construction contract amount of $2,411,702.62 and authorize the City Manager or designee to execute the contract.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, an
d Cox
Noes: None

Absent: None
Abstain: None

* F. Mayor Mei opened consideration of Revision of Previously-A dopted Resolution to 1) Shorten Phase-In Schedule for Increases of In-Lieu Fees and 2) Add Formula for Calculation of Fractional Unit Fees, and to consider exemptions from the requirements of the California Environmental Quality Act (CEQA), without limitation, each on a separate and independent basis, pursuant to the following CEQA Guidelines Sections: (1) 15162 Subsequent EIRs; (2) 15183 Projects Consistent with a Community Plan or Zoning; and (3) CEQA Guidelines Section 15061(b)(3) General Rule Exemption; and/or other bases as specified herein. (Affordable Housing Fee)

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On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved the following actions:

1. Found the proposed Zoning Text Amendment is an implementatio n measure of the General Plan for which an Environmental Impact Report was prepared and certified and that no further environmental review is required and, on a separate and independent basis, that the proposed amendments are exempt from the California Environmental Quality Act because the amendments do not have the potential to cause a significant effect on the environment.

2. Adopted the revised Resolu tion 2021-67 amending the Master Fee Schedule to incorporate fractional unit fees and to shorten the phase-in steps for increased in-lieu fees from three steps to two steps, with the full fee going into effect on January 1, 2023.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, an
d Cox
Noes: None

Absent: None
Abstain: None

* G. Mayor Mei opened consideration to Approve the Plans and Sp ecifications and Award a Construction Contract in the Amount of $5,488,663.75 to Stockbridge General Contracting, Inc. plus a 10% Construction Contingency amount of $548,866, for a total construction contract amount of $6,037,529.75 for the Dusterberry Neighborhood Park Development Project, reallocate a total of $1,028,562 from four other projects to the Dusterberry Neighborhood Park project; and find that, pursuant to CEQA Guidelines Section 15162, the Project Mitigated Negative Declaration (MND), previously adopted by the City Council in 1998, is acceptable, and does not need to be re-adopted or re- circulated; and Reject the Protest of IBS USA, Inc. (PWC8581B).

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved the following actions:

1. Reallocated $5,720 from the Warm Springs Meeting Room and Restroom Project (PWC8777-540) to Dusterberry Neighborhood Park (PWC8581-540) and close out PWC8777;

2. Reallocated $163,873 from the Pa rks Sign Project (PWC8948-540) to Dusterberry Neighborhood Park (PWC8581-540) and close out PWC8948;

3. Reallocated $858,969 from the P acific Commons Sports Park (PWC8839-540) to Dusterberry Neighborhood Park (PWC8581-540);

4. Found that the Mitigated Ne gative Declaration adopted by the City Council on November 17, 1998 did not need to be readopted or re-circulated pursuant to CEQA Guidelines Section 15162 and therefore no additional environmental review is necessary.

5. Approved Plans and Specifications for the Dusterberry Neighborhood Park Building Demolition Project, PWC8581A.

6. Rejected the bid prot est of IBS-USA, Inc.

7. Awarded a Construction C ontract of $5,488,663.75 to Stockbridge General Contracting, Inc. and allocate a 10% Construction Contingency amount of $548,866, for a total construction contract amount of $6,037,529.75.

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Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

* H. Mayor Mei opened consideration to Adopt a Resolution to Au thorize the City Manager or her designee to submit grant applications to the State of California for the Specified Grant Program to fund restoration at California Nursery Historical Park (PWC 8837) and to fund the Grimmer Trail Extension project (PWC 8932) to connect bicycle and pedestrian pathways to Central Park; to appropriate any grant funds if received; and to consider exemptions from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines sections: (1) 15162 and 15163, (2) 15304, (3) 15183 and (4) 15378(b).

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved the following actions:

1. Found that the grant applicati ons to the Specified Grant Program of the State of California Natural Resources Agency Department of Parks and Recreation Office of Grants and Local Services is exempt from review under the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Sections 15162 and 15163, (2) CEQA Guidelines Section 15304, (3) CEQA Guidelines Section 15183, and (4) CEQA Guidelines Section 15378(b).

2. Adopted Resolution No. 2021-77 approving the submittal of gr ant applications to the Specified Grant Program of the State of California Natural Resources Agency Department of Parks and Recreation Office of Grants and Local Services and authorizing the City Manager or designee to execute all necessary applications, contracts, agreements, amendments, payment requests, and any other implementing documents, and to implement and carry out the purposes specified in the grant application and Procedural Guide.

3. If grants are awarded to the City of Fremont by the State, authorize the appropriation of the grant funds to the appropriate project, the California Nursery Historical Park (PWC8837-525), and/or the Grimmer Trail Extension project (PWC8932-525).

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, an
d Cox
Noes: None

Absent: None
Abstain: None

* I. Mayor Mei opened consideration of Approval of Cooperative Agreement with Caltrans to Support the Project Approval and Environmental Clearance Phase for the I-880/Decoto Road Interchange Modernization Project (PWC 9022)

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council authorized the City Manager or her designee to execute a cooperative agreement with Caltrans

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to support the project approval and environmental clearance phase for the I-880/Decoto Road Interchange Modernization project,

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, an
d Cox
Noes: None

Absent: None
Abstain: None

* J. Mayor Mei opened consideration to Authorize the City Manag er or her designee to enter a Memorandum of Understanding (MOU) with the Fremont Unified School District to re- establish the School Resource Officer Program

On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council authorized the City Manager or her designee to enter a Memorandum of Understanding with the Fremont Unified School District to re-establish the School Resource Officer Program

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, an
d Cox
Noes: Councilmember Kassan

Absent: None
Abstain: None

* K. Mayor Mei opened consideration to Authorize the City Manag er or her designee to execute a Master Service Agreement for On-Call Landscape Architectural Consultant Services with Merrill Morris Partners, Inc., to perform professional-level landscape architectural work related to the design, construction and rehabilitation of landscape and irrigation facilities for parks, landscaped areas and street and urban design projects.

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council authorized the City Manager or her designee to execute a Master Service Agreement with Merrill Morris Partners for a five year term with an annual not-to-exceed compensation of $350,000 for a potential five year total not-to-exceed amount of $1,750,000.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, an
d Cox
Noes: None
A
bsent: None
Abstain: None

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* L. Mayor Mei opened consideration to Adopt Resolutions Settin g the Integrated Waste Management Collection Rates, Transfer Station Service Fees, and Landfill Disposal fees for January 2022 through December 2023 (Solid Waste Collection Rates)

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved the following actions:

1. Adopt Resolution No. 2021-78 settin g the Integrated Waste Management Collection Rates, Transfer Station Service Fees, and Landfill Disposal Fees at the Altamont Disposal Facility commencing January 1, 2022 through December 2023.

2. Adopt Resolution No. 2021-79 settin g Mixed Use Municipal Waste Service Fees at the Fremont Recycling and Transfer Station effective January 1, 2022, as shown in Enclosure C of this report.

3. Adopt Resolution No. 2021-80 settin g Curbside Recycling Processing payment and Yard Waste Transfer fees at the Fremont Recycling and Transfer Station effective January 1, 2022, as shown in Enclosure D of this report.

4. Adopt Resolution No. 2021-81 set ting Municipal Solid Waste Collection rates effective January 1, 2022, as shown in Enclosure E of this report.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, an
d Cox
Noes: None

Absent: None
Abstain: None

3. CEREMONIAL ITEMS

A. Resolution: Honoring Informa tion Technology Specialist II, Khanh Vo, for Twenty Years of Dedicated Service

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Laura Winter shared a variety of comments and concerns.

5. SCHEDULED ITEMS

A. Mayor Mei opened consideration of Public Hearing (Published Notice) to Consider the Development Impact Fee Annual Report for Fiscal Year 2020/21 and an Increase in Development Impact Fees in an Amount of 6.62% to Align with the Bay Area Construction Cost Index (No presentation planned)

See Green Sheet on file.

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Public Works Director Hans Larsen explained the need for the Green Sheet. Mayor Mei opened the public hearing. Lisa Danz shared concerns. There being no additional speakers, Mayor Mei closed the public hearing. Staff responded to questions from Councilmembers.

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved the following actions:

1. Adopted Resolution No. 2021-82 a pproving the Development Impact Fee Annual Report FY 2020/21.

2. Held a public hearing to hear a ny public comments regarding the proposed impact fee adjustment.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kass
an, Shao, and Cox
Noes: None

Absent: None
Abstain: None

6. REPORT FROM CITY ATTORNEY – None.

7. OTHER BUSINESS – None.

A. Mayor Mei opened consideration of Update on Funding Sources Used to Support Guaranteed Income Pilot Programs (Response to Councilmember Keng Referral from November 2, 2021 City Council Meeting)

City Manager Shackelford introduced the item. Human Services Director Suzanne Shenfil gave a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened the public comment period. Lisa Danz shared concerns. There being no additional speakers, Mayor Mei closed the public comment period. Councilmembers provided comment.

On a motion by Councilmember Jones, seconded by Councilmember Shao, the City Council moved to not extend staff funds on this issue but support county or statewide legislation.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Jones, Shao, an
d Cox
Noes: Councilmembers: Ken g and Kassan

Absent: None
Abstain: None

8. COUNCIL COMMUNICATIONS

A. Council Referrals – None.

B. Oral Reports on Meetings and Events

Councilmembers reported on their various meetings and activiti es.

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9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:10 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL MEETING
JANUARY 11, 2022

FREMONT CITY HALL
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:01 p.m.

B. Flag Salute: Vice Mayor Salwan led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, J ones, Kassan, Shao, and Cox

D. Announcements by Mayor/City Manager

Mayor Mei announced the Boards and Commissions vacancies. City Manager Shackelford shared information regarding items of Council/community interest.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances – None.

* B. Approval of Minutes – None.

* C. Mayor Mei opened considera tion of Approval Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361

*See Green Sheet

On a motion by Councilmember Jones, seconded by Councilmember Shao, the City Council made the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:

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

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

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on February 8, 2022.

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Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

* D. Mayor Mei opened consideration of Approval to Adopt a Reso lution Authorizing the City Manager to Execute a FY 2021/22 Contract Amendment with the California Department on Aging to Provide Multipurpose Senior Services Program (MSSP) Services and Making Findings of CEQA Exemption

On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council adopted Resolution No. 2022-01 authorizing the City Manager, or her designee, to execute an amendment with the State of California, for the Multipurpose Senior Services Program, through FY 2021/22 in the amount of $404,348.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

* E. Mayor Mei opened consideration of authorization to execute a subcontract with Seneca Family of Agencies, for the provision of Trauma-Focused Cognitive Behavioral Groups and Parenting Classes, as part of the City's Master Contract with Alameda County Probation for the period of July 1, 2021 through June 30, 2023 (Subcontract for Juvenile Justice Services)

On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council authorized the City Manager, or her designee, to execute a subcontract with Seneca Family Agencies, Inc., for the period of July 1, 2021 through June 30, 2023, to provide trauma-focused cognitive behavioral groups and parenting classes for at-risk youth and families in Southern Alameda County, in an amount not to exceed $109,434.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
A
bstain: None

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* F. Mayor Mei opened considera tion of Approval of the Partial Release of Faithful Performance Bonds in the Amount of $6,956,426 Posted by BMCH California, LLC with the Approved Public and Private Agreements for Tract 8399

On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council approved the partial release of the Faithful Performance Bonds in the amount of $6,956,426 until the improvements are accepted by the City Engineer.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

* G. Mayor Mei opened consideration of Approval to Accept and A ppropriate FY 2021 Bay Area Urban Areas Security Initiative (UASI) Grant for $14,408 to Purchase Search and Rescue Equipment

On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council:

1. Accepted the Bay Area Urban A reas Security Initiative (UASI) grant award for $14,408.

2. Appropriated the $14,408 to the F ederal Operating Grants Funds (Fund 199).

3. Authorized the City Manager or designee to execute all necessary agreements or documents in connection with the grant award.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

* H. Mayor Mei opened consideration of Approval to Adopt a Reso lution Authorizing the City to Join the California Asset Management Trust as a Participant, and to Invest in Shares of the Trust and in Individual Portfolios

On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council adopted Resolution No. 2022-02 authorizing the City of Fremont to join with other public agencies as a participant of the California Asset Management Trust, and to invest in shares of the Trust and in individual portfolios.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

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* I. Mayor Mei opened considera tion of Approval to Authorize the City Manager to Execute an Amendment with Condor Security of America to Provide Security Services at the Fremont Family Resource Center

On a motion by Vice Mayor Salwan, seconded by Councilmember Jones, the City Council authorized the City Manager to execute an amendment with Condor Security of America, Inc. in an amount not to exceed $461,046.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

* J. Mayor Mei opened considera tion of Approval to Authorize the City Manager, or Designee, to Issue a Purchase Order with StarChase, LLC in an amount not to exceed $193,000 (StarChase Pursuit Alternative Technology Devices)

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Blair Beekman and Kelly Abreu shared a variety of concerns. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council authorized the City Manager, or designee, to issue a Purchase Order with StarChase, LLC in an amount not to exceed $193,000 for StarChase devices.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

* K. Mayor Mei opened consideration to Award the Contract to Li fe Scan Wellness Centers and Authorize the City Manager to Issue a Service Agreement for Firefighter Medical Examinations to Life Scan Wellness Centers in an Amount Not to Exceed $228,150.

On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council authorized the City Manager, or designee, to award the contract and to enter into a service agreement with Life Extension Clinics, Inc. dba Life Scan Wellness Centers in an amount not to exceed $228,150.

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Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

* L. Mayor Mei opened considera tion of Approval to Authorize the City Manager or their Designee to Enter into an Amendment with the County of Alameda, for the City to Provide Access Point and Housing Resource Center Services, in the Amount of $112,811.

On a motion by Councilmember Jones, seconded by Vice Mayor Salwan, the City Council:

1. Authorized the City Manager or her designee to execute a FY 2021/22 Standard Service Agreement Amendment of $112,811 with the County of Alameda to provide Access Point and Housing Resource Center services and make findings of CEQA exemption discussed in this report.

2. Increased revenue estimates a nd appropriated an additional $55,109 for these services in the Alameda County Health Care Services Agency Fund (Fund 179).

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
A
bstain: None

3. CEREMONIAL ITEMS

A. Resolution: Recognition of L ily Zhang, U.S. Table Tennis Medal in the 2021 World Table Tennis Championships

B. Proclamation: Dr. Martin Luther King Jr. Day & Beyond

C. Proclamation: Recognition of 45th Annual Dr. Martin Luther K ing, Jr. Commemoration

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

Blair Beekman, John Hinds and Kelly Abreu shared a variety of concerns.

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5. SCHEDULED ITEMS – None.

6. REPORT FROM CITY ATTORNEY – None.

7. OTHER BUSINESS

A. Mayor Mei opened consideration of Adoption of a Resolution Appointing Rafael Alvarado, Jr. to the Position of City Attorney

On a motion by Councilmember Cox, seconded by Councilmember Shao, the City Council adopted Resolution No. 2022-03 appointing Rafael Alvarado, Jr. to the position of City Attorney effective February 22, 2022.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

8. COUNCIL COMMUNICATIONS

A. Council Referrals

1. Mayor Mei opened consideration of Mayor Mei Referral: Appoi ntments and Reappointments to Advisory Bodies

Appointments:

Advisory Body Appointee Term Expires

Economic Development Advisory Commission Rose Itua, Ph.D. 12/31 /2025 (At Large Representative)

Economic Development Advisory Commission Monique Torres 12/31/2 025 (Commercial / Industrial Representative)

Planning Commission Y onggang Zhang 12/31/2024

George W. Patterson House Advisory Board Sonja Gomez
(EBRPD Representative)

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Reappointments:

Advisory Body Appointee Term Expires

George W. Patterson House Advisory Board Karen Mueller 12/31/2 025 (Mission Peak Heritage Foundation Representative)

Planning Commission R e e n a R a o 1 2 / 3 1 /2025

On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council approved appointments and reappointments.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

B. Oral Reports on Meetings and Events

Councilmembers reported on their various meetings and activiti es

9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:10 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL MEETING
JANUARY 18, 2022

FREMONT CITY HALL
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:01 p.m.

B. Flag Salute: Councilmember Cox led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, J ones, Kassan, Shao, and Cox

D. Announcements by Mayor/City Manager

Mayor Mei announced the Boards and Commissions vacancies. City Manager Shackelford shared information regarding items of Council/community interest.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances – None.

* B. Approval of Minutes – None.

* C. Mayor Mei opened consideration Approval to Authorize an Am endment the Agreement with MV Public Transportation, Inc. for Wheelchair Accessible Van Services and Making Finding of CEQA Exemption (Transportation Services for Older Adults and People with Disabilities (Ride-On Tri-City!))

This item was removed from the Consent Calendar.

Staff responded to questions from Councilmembers.

On a motion by Councilmember Cox, seconded by Councilmember Shao, the City Council authorized the City Manager or her designee to execute an amendment to the agreement with MV Public Transportation, Inc., to continue wheelchair accessible van services for the period from January 1, 2022 to June 30, 2022, with a not to exceed compensation of $650,000 for FY 2021/22 services.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

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* D. Mayor Mei opened consideration to Authorize the City Manag er to Execute an Agreement with FolgerGraphics Inc., in an amount not to exceed $155,070 (Service Agreement for Printing and Delivery of the City of Fremont Newsletter)

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Kelly Abreu shared a variety of comments and concerns. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Jones, seconded by Councilmember Shawo, the City Council authorized the City Manager or designee to execute a service agreement with FolgerGraphics, Inc. to provide printing and delivery of the City of Fremont Newsletter for an approximately five-year term with a total not to exceed compensation of $155,070.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

3. CEREMONIAL ITEMS – None.

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Kelly Abreu, Sharon Scharff and Blair Beekman shared a variety of comments and concerns

5. SCHEDULED ITEMS – None.

6. REPORT FROM CITY ATTORNEY – None.

7. OTHER BUSINESS

A. Mayor Mei opened considera tion of Approval to Authorize Staff to Partner with Shangri- La Industries, LLC and Step Up On Second Street, Inc. on an Application for Funding Under the State Homekey Round 2 Program to Acquire, Rehabilitate and Operate a Supportive Services Affordable Housing Project at 46101 Research Avenue (Currently the Motel 6) (Application for State Homekey Round 2 Funding)

Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

Community Development Director Dan Schoenholz and Human Services Director Suzanne Shenfil provided a presentation and responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following persons spoke in support of the project:

Robert Daulton, Marie Hughes, Jane Lin, Lisa Danz, Sandra Moore, Hayes Shair, Katherine Rubie, Blair Beekman, Darlene Crittendon, Vinita Verma, and Annie Koruga. There being no

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additional speakers, Mayor Mei closed the public comment period. This was followed by another question and answer period between Councilmembers and staff. Councilmembers provided comment.

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council:

1. Adopted Resolution No. 2022-04 authorizing the submittal of a Homekey Round 2 application to the California Department of Housing and Community Development (HCD), with the City as the lead applicant and Shangri La Industries and Step Up as co- applicants, in the amount not to exceed $40,200,000 and making findings of CEQA exemption.

2. Approved a funding commitment and allocation for a Homekey P roject in the City of Fremont to be acquired, rehabilitated and owned by Shangri La Industries, in the amount not to exceed $6,738,805 from the City's Affordable Housing Fund (Fund 196); and $2,590,000 from the secured funding sources, including $750,000 in CDBG funds, $1.25 million in LMI funds, $400,000 in PLHA funds and $190,000 in CARES Act funding as described in the report.

3. Authorized the City Manager or her designee to execute a MOU with Shangri-La Industries and Step Up on Second Street, Inc., memorializing roles and responsibilities.

4. Authorized the City Manager or her designee to execute agreement(s) and/or implementing documents with Shangri La Industries and Step Up on Second Street, Inc. to effectuate the implementation of a Homekey project in the City of Fremont.

5. Authorized the City Manager or her designee to execute a funding agreement and other implementing documents with the State of California Department of Housing and Community Development.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None

Absent: None
Abstain: None

8. COUNCIL COMMUNICATIONS

A. Council Referrals – None.

B. Oral Reports on Meetings and Events – None.

9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting in memory of Michelle Go, at 9:20 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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Attachment: Draft Minutes (4533 : Approval of Minutes - 2021-11-09 - 2022-01-18) Fremont City Council Meeting: 02/08/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4518) DOC ID: 4518
Updated: 2/4/2022 10:15 AM by Susan Gauthier Page 1
AB 361 - Consider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361
Contact Persons:

Name: Debra Margolis Christina Briggs
Title: Interim City Attorney Deputy City Manager
Div/Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4022
E-Mail: [email protected] [email protected]

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

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

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

To continue meeting remotely pursuant to AB 361, an agency must make periodic findings that: (1) the body has reconsidered the circumstances of the declared emergency; and (2) the emergency impacts the ability of the body’s members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing.

These findings should be made not later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter.

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

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Staff Report (ID # 4518) Meeting of February 8, 2022
Updated: 2/4/2022 10:15 AM by Susan Gauthier Page 2
indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time. Therefore, due to the ongoing COVID 19 pandemic, the need to promote social distancing to reduce the likelihood of exposure to COVID-19, and the imminent risks to the health or safety of meeting attendees, the Emergency impacts the ability of the City Council and the legislative bodies of the City to meet safely in person.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS: None.

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

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

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

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on March 8, 2022.

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Fremont City Council Meeting: 02/08/22 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Fees & Rates

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4530) DOC ID: 4530 B
Updated: 2/4/2022 10:21 AM by Susan Gauthier B Page 1

AMENDMENTS TO THE SPECIAL EVENTS ORDINANCE AND STAFF CHARGES - Introduce an Ordinance Amending the Special Events and Parades Ordinance and Adopt a Resolution Amending the Master Fee Schedule to Change City Staff Charges for Special Events
Contact Persons:

Name: Amy Gee Kim Beranek
Title: Management Analyst II/Public
Affairs Coordinator
Deputy Director
Div/Dept: Police Department Community Services
Phone: 510-790-6967 510-494-4330
E-Mail: [email protected] [email protected]

Executive Summary: Various City Departments, including Community Services, Police, and Public Works recently reviewed the Special Events and Parades Ordinance (FMC Chapter 12.25). City staff determined revisions are needed to align with current city practices and with anticipated future changes to the special event permitting process. It is also necessary to revise special event staff charge categories to align with services provided by the City and to update the Plaza Park category to align with the City’s upcoming Comprehensive Parks and Recreation Master Plan.

BACKGROUND: The Special Events and Parade Ordinance, FMC Chapter 12.25, (“Ordinance”) was last revised in 2013. Over the years, the City gradually changed its approach to special events, including responsiveness to public health and safety concerns related to events. In anticipation of how future events will be permitted, staff sees a need to revise the Ordinance.

Special event staff charges (Master Fee Schedule Article 1. General and Miscellaneous, Section 001.00000.3390, bullet C) was last updated in 2019. City staff suggests amending the special event staff charge categories to align with current and anticipated future services provided by the City.

In an effort to improve communication, historical event organizers who have applied for a special event permit since 2019 have been notified of these proposed changes. On January 19, 2022, an email outlining the proposed changes was sent to the group indicating this item was coming before the City Council for approval.

DISCUSSION/ANALYSIS:

Updates to the Ordinance: Proposed changes to the Ordinance are shown in the Draft Ordinance and are summarized below:

1. Using the current “Neighborhood – Civic Parks and Plazas” terminology as appropriate. The proposed amendment removes the plazas listed as examples and updates the park category name of “City Plazas” and use of the terminology “Neighborhood – Civic Parks and Plazas” to match the City’s pending Comprehensive

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Parks and Recreation Master Plan. The proposed amendment also adds language to indicate the Recreation Division will continue to manage Civic Parks and Plazas, where approved by Council, as in the case of the Downtown Plaza.

2. Allowing late submissions under unforeseen circumstances. The proposed amendments include adding language for managing late applications to allow more flexibility for the City to evaluate the acceptance of late applications.

3. Allowing evaluation of applicant history within the past 12 months. The proposed amendments include expanding the reasons for denial of a special event permit to include the City’s ability to evaluate the applicant’s history of recent events that may have occurred outside of the City of Fremont.

4. Allowing established/recurring events, or those with significant impact, priority on historical event dates and location. The proposed amendments allow the City flexibility in approving events with a successful history or events with beneficial economic, public health, safety, or other impacts to the City to take precedence in securing an appropriate location.

5. Allowing deposits to be waived for events receiving funding from the City. The proposed amendments revise the ordinance to include a waiver of deposits for recipients of City funding for such events, thus reducing the processing of unnecessary payments and reimbursements from the event organizer and the City.

Updates to the Master Fee Schedule for Special Event Staff Charges: The current Special Event Staff charges were adopted in 2019 and include five staff categories and their hourly rates. The proposed amendments to staff charges effective FY 2022/2023 include revising the label of “Maintenance Employees” to “Maintenance Employees (Public Works/Community Services)” to allow better clarity to event organizers that maintenance employee service charges may be imposed by Public Works and/or Community Services as needed and as appropriate for their event. The amendments also include adding a sixth category “Public Service Assistant (PSA)” at the hourly rate of $25.00. The addition of this category would allow city departments to call in PSAs as needed and as appropriate to assist with special events. Their duties may involve monitoring the facility, allowing access to restrooms, preparation and cleanup of the event, etc. These services would be additional services not included in City rental facility fees or other special event permitting fees. The proposed $25.00 hourly rate is the City’s current average loaded PSA II rate provided by Community Services; PSA IIs are primarily utilized for these duties. It’s important to note that City staff is not proposing to recover the cost of PSAs that would be working on general assignments or who would otherwise be working during the event hours. The PSA service charges would be applicable when their service is called upon for the purpose of assisting the special events.

FISCAL IMPACT: Adoption of proposed changes to the Master Fee Schedule will result in a new category of special event staff charges, thus resulting in changes of fees assessed for special events as appropriate.

ENVIRONMENTAL REVIEW: Updates to Special Events and Parades Ordinance and amendments to City staff service charges for Special Events, are an administrative government activity that is not subject to the California Environmental Quality Act (CEQA)

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pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Since it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment, the activity is not subject to CEQA.

LINKS:

City Fremont Municipal Code Chapter 12.25 Special Events and Parades:
https://www.codepublishing.com/CA/Fremont/#!/Fremont12/Fremont1225.html#12.25 City of Fremont Current Master Fee Schedule:
https://fremont.gov/DocumentCenter/View/25240/MASTER-FEE-SCHEDULE-Effective- December-2-2021-?bidId=

ATTACHMENTS:
• Draft Ordinance- Special Events
• Draft Resolution- Amend Master Fee Schedule Special Events

RECOMMENDATIONS:

1. Waive full reading and introduce the proposed ordinance amending the Special Events and Parades Ordinance.

2. Adopt a resolution amending the Master Fee Schedule for Special Event Staff Charges as outlined in Draft Resolution – Amend Master Fee Schedule Special Events.

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DRAFT

ORDINANCE NO. XX-2022

AN O RDINANCE OF THE CITY OF FREMONT AMENDING
FREMONT MUNICIPAL CODE TITLE 12, STREETS, SIDEWALKS
AND PUBLIC PROPERTY , CHAPTER 12.25 SECTIONS 12.25.010,

12.25.040, 12.25.050 AND 12.25.120

THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. FMC SECTION 12.25.010 AMENDED
Fremont Municipal Code Title 12, Chapter 12.25, Section 12.25.010 is amended to read as follows:

Sec. 12.25.010 Applicability – Permit required for special events.

Subsections (a) through (b) remain unchanged.
(c) This chapter does not apply to:
(1) Events on city owned property that are authorized pursuant to any lease to which the city is a party or by a license or permit issued by the city under any other authority, to the extent the application of this chapter would be inconsistent with such leases or licenses;
(2) Any event held solely within a city public park, community center or senior center, meaning that no organized portion of the event is scheduled for or intended to occur inside of the boundaries of a public park, or within a city community center or senior center. For purposes of this chapter, “public park” has the meaning ascribed to that term in the city’s master plan for parks. This exception from this chapter shall not apply to Neighborhood – Civic Parks and Plazas where city council has approved oversight under the recreation division of the community services departmentcity plazas (i.e., Niles Town Plaza, Bill Ball Plaza, etc.). For purposes of this chapter, “public park” and “Neighborhood – Civic Parks and Plazas” have has the meanings ascribed to themthat term in the city’s Comprehensive Parks and Recreation Master Plancity’s master plan for parks.

SECTION 2. FMC SECTION 12.25.040 AMENDED
Fremont Municipal Code Title 12, Chapter 12.25, Section 12.25.040 is amended to read as follows:

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Sec 12.25.040 Late applications.
(a) Any application received after the deadlines established in Section 12.25.030 is a late application and is subject to a late fee, in an amount set by resolution of the city council. The city manager shall not accept late applications unless the manager finds that:
(1) The proposed special event is in response to an occurrence whose timing did not reasonably allow the applicant to file a timely application; and (2) The imposition of the time limitations would place an unreasonable restriction on the free speech rights of the applicant.
(3) Other unforeseen circumstances may have prevented the applicant from applying within the established timeline.
(b) When the city manager or designee finds both one or more of the above conditions to exist, the city manager or designee may considershall determine acceptance of the application and process it in accordance with this chapter unless it does not meet the criteria set forth in Section 12.25.030, or there is insufficient time for the city to make the necessary preparations for traffic control or other public safety matters prior to the proposed date and time of the special event.

SECTION 3. FMC SECTION 12.25.050
Fremont Municipal Code Title 12, Chapter 12.25, Section 12.25.050 is amended to read as follows:

Sec. 12.25.050 Permits – Standards for issuance of denial - Notification. (a) The city manager shall issue a permit for a special event unless he or she determines that one or more of the following conditions exist:
(1) The application is incomplete for failure to provide the information required by Section 12.25.030;
(2) The applicant has not tendered the required application fee, deposit, or insurance certificate and endorsement(s), unless such tender has been waived as set forth in this chapter;
(3) The information contained in the application, including supplemental information provided if any, is found to be false in any material respect, the purpose of the event is contrary to law, and/or the applicant has failed to meet the city requirements for a permit;
(4) A special event permit has been issued and/or a prior application for a special event has been received for an event to be held at the same time and place; (5) The special event will unduly interfere with vehicular ingress to, egress from, or travel on a freeway, state designated highway, or major arterial collector street of the city;

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(6) The special event will unreasonably interfere with fire or police protection, including presenting a substantial traffic or safety hazard;
(7) Event sizes or durations will require diversion of so great an amount of city safety services, it would divert an undue amount of resources from other city needs, particularly of safety services to other areas of the city; (8) The security arrangements that have been made are inadequate; (9) One or more of the applicants or persons whose name is shown on the application was also named on an application for a special event in Fremont that resulted in a violation of this chapter or similar law in another jurisdiction within the 12 months preceding the current application;
(10) The special event is deemed to have adverse impacts to a residential area; (11) If the special event is proposed to be held on public property, the proposed special event would conflict with a previously scheduled and planned event or activity organized by the city for the same time and place as the proposed special event, however the event may be approved to allowbut exceptions may be granted to established or recurring events that were previously held successfully in the city or to events that may have a significant beneficial economic, public health, safety, or other impacts to the city;
(12) The applicant, or person named in the application, or the organization on whose behalf the application is submitted has, on prior occasions, damaged city property and has not paid in full for such damages, or has other outstanding and unpaid debts to the city;
(13) The applicant is legally incompetent to contract or to sue and be sued; (14) The applicant fails or refuses to comply with any permitting requirements or conditions of approval.

Subsection (b) through (g) remain unchanged.

SECTION 4. FMC SECTION 12.25.120
Fremont Municipal Code Title 12, Chapter 12.25, Section 12.25.120 is added to read as follows:

Sec. 12.25.120 Fees.

Subsections (a) through (b) remain unchanged.
(c) The deposit for the estimated cost of city services as required by this section may be reduced or waived by the city manager or designee if the city manager or designee finds that the applicant is a recipient of city funding for such events or has a credit rating supporting such a waiver or reduction. Such finding shall be based upon a determination that none of

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the conditions set forth in subsection (d) of this section have occurred at past events organized, sponsored or conducted by the applicant or person(s) named in the application and that at least three of the following are the case:
(1) The applicant has sufficient cash flow to cover the total estimated costs of the special event, plus any ongoing organizational expenses;
(2) The applicant has a consistent history of paying bills in a timely manner; (3) The applicant has no liens or fines by any local, state or federal agency; (4) The applicant has a credit rating of “good” by an established and widely recognized third party rating system such as Dunn and Bradstreet or a similar rating by a similar agency or organization.

Subsections (d) through (f) remain unchanged.

SECTION 5. CEQA
Updates Amendments to Special Events and Parades Ordinance are, an administrative government activity, that is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Amendments to the Special Events and Parades Ordinance will clearly not have a significant effect on the environment and, thus, CEQA does not apply. The Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.

SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 8. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County

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and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause the ordinance to be published again with the names of those City Council members voting for and against the ordinance; and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
* * *
The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ____ day of ------, 2022, and finally adopted at a regular meeting of the City Council held on the ____ day of _______, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
Sr. Deputy City Attorney

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DRAFT

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AMENDING THE MASTER FEE SCHEDULE FOR SPECIAL EVENTS

CITY STAFF CHARGES
WHEREAS, on March 1, 1994, the City Council adopted Resolution No. 8672 establishing the City’s Master Fee Schedule, which sets forth fees, rates and charges for goods and services provided by the City of Fremont. Resolution No. 8672 has been amended from time to time to adjust and add new fees, rates and charges for goods and services provided by the City; and

WHEREAS, the City’s Master Fee Schedule sets forth fees for specific services provided by the Police Department, including fees related to special event regulations; and

WHEREAS, service fees and categories were last updated in 2019, and City staff recommends revising special event staff charge categories to align with services provided by the City; and

WHEREAS, Fremont Municipal Code Section 12.25.120 authorizes the City Council to set permit fees for special events by resolution.

NOW, THEREFORE, based on information set forth in the staff report to the City Council dated February 8, 2022, as well as any other information submitted to or considered by the Council during its deliberations on this matter, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:

SECTION 1. The Special Event Staff Charges on the Master Fee Schedule (Article 1.

General and Miscellaneous, Section 001.00000.3390 C) shall be amended as set forth herein:

001.0000.3390 I. General and Miscellaneous
C. Special Event Staff Charges: The following rates shall adjust automatically as negotiated increases for applicable bargaining units become effective. • Police (Officers/Sergeant) $93.78/hr
• Police Other (CSO/Dispatch/Reserve) $66.45/hr
• Fire - Medic $61.42/hr
• Fire - Inspector $117.04/hr
• Maintenance Employees (Public Works/Community Services) $59.49/hr • Public Service Assistants $25.00/hr

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SECTION 2. The Master Fee Schedule (adopted by Resolution No. 8672 and amended from time to time, including by this Resolution) shall be kept on file in the Office of the City Clerk.

SECTION 3. This resolution shall be effective July 1, 2022. On the effective date of this Resolution, all resolutions, which conflict with this Resolution, shall be repealed without further action by the Council.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor

ATTEST: APPROVED AS TO FORM:

______________________________ ______________________________ City Clerk Sr Deputy City Attorney

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Attachment: Draft Resolution- Amend Master Fee Schedule Special Events (4530 : AMENDMENTS TO THE SPECIAL EVENTS ORDINANCE AND Fremont City Council Meeting: 02/08/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Public Projects

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4532) DOC ID: 4532
Updated: 2/4/2022 10:23 AM by Susan Gauthier Page 1
CENTERVILLE COMPLETE STREETS PROJECT - Approval of Direction for the Street Design Along Fremont Boulevard to Retain Four Vehicle Lanes (Two in Each Direction) in the Centerville Business District Area, Generally Between Thornton Avenue and Central Avenue, as Part of the Centerville Complete Streets Project (PWC 8946)
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 design direction for improvements along Fremont Boulevard in the Centerville area that address interests for all travel modes and the local business community. Through an extensive community outreach process, interests have been expressed for a wide range of design options. In 2021, a demonstration project was conducted to test the effects of reducing Fremont Boulevard from four to three vehicle lanes. Based on studies of the demonstration project and community input, staff recommends retaining Fremont Boulevard with four vehicle lanes.

BACKGROUND: In September 2018, the State of California approved legislation (SB 989, Wieckowski) relinquishing to the City, State Route 84 running through the City of Fremont including portions of Thornton Avenue, Fremont Boulevard, Peralta Boulevard, and Mowry Avenue. The relinquishment has provided Fremont with local control over how to improve the street with regards to safety, travel modes, pavement conditions, and support for the historic Centerville business district.

The City has received a grant of Federal funds through the Alameda County Transportation Commission (CTC) in the amount of $7.7 million to improve portions of Thornton Avenue and Fremont Boulevard referred to as the Centerville Complete Streets project. Based on the grant conditions, the project is required to be ready to advertise for construction contract bidding by January 1, 2023.

Since prior to the State Route 84 relinquishment, the Centerville Community and Business Association has advocated for modifications to Fremont Boulevard to improve conditions for the local business district related to pedestrian safety, sidewalk dining, community gathering, parking, and aesthetics. Additionally, the City has adopted safety and multimodal policies that encourage increased travel by walking, bicycling and transit.

In an effort to address the complex set of policy and community interests in the Centerville business district area, a community outreach process was initiated to help guide the design of Centerville Complete Streets project. In July 2019, the City Council approved a contract with PlaceWorks to assist with the community engagement process. Four community meetings were held along with several stakeholder meetings to: 1) identify and prioritize the key issues and inform the community on complete streets design options; 2) review

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design alternatives based on community input; and 3) present a preferred desig n and receive community feedback. A project webpage includes information from the community meetings and design options (see weblink below).

The residential and business community response to assigning roadway priorities and design alternatives was mixed, generally with residents preferring to maintain vehicle throughput along Fremont Boulevard, and the business representatives preferring to reduce the number of vehicle lanes in favor of traffic calming, more parking and enhanced outdoor gathering space. The range of options varied from keeping Fremont Boulevard with four through lanes for vehicle traffic to reducing it to two lanes (one lane in each direction). In response to the conflicting community feedback, staff implemented a six-month long demonstration project on Fremont Boulevard that reduced the number of vehicle lanes to three, with the northbound direction reducing from two lanes to one. The change allowed for adding on- street parking, enhanced bike lanes and pop-up patios to create outdoor spaces during the pandemic. The demonstration project was largely funded through an Alameda CTC Rapid Covid Response grant. The test period for the demonstration project period started in June 2021 and extended through the end of December 2021.

DISCUSSION/ANALYSIS: For the demonstration project, staff collected data throughout the test period to determine the effects on corridor travel times and vehicle delay, bicycle and pedestrian use, and corridor crashes/collisions. Because the test period occurred during the Covid pandemic, it is not possible to draw significant conclusions related to changes in travel conditions associated with the demonstration project. Overall, traffic volumes in the Fremont Boulevard corridor were about 30% lower during the test period than they were before the start of the pandemic.

At the midpoint of the demonstration project, an online community survey was conducted to gather community input on the traffic impacts and patterns on Fremont Boulevard and neighboring streets, pedestrian and bicycle activity, and on the use of the pop-up patio dining areas.

The survey received approximately 400 responses with 50% of the respondents being Centerville residents and 38% being Fremont residents living outside the Centerville area.

• 70% of the respondents utilized the roadway at least 3 times per week, while an additional 20% utilized the roadway at least once/twice per week • 97% of the respondents typically drive through the corridor, while 27% also used alternative transportation modes such as walking, biking, and transit • 74% responded that the project increased pedestrian safety • 74% responded that the project increased traffic congestion • 26 businesses reported greater difficulty for business access • The “pop-up patios” received very little use.

An overwhelming majority (over 90%) of the written feedback opposed reducing vehicle lanes due to the impacts on traffic congestion and communicated a preference for Fremont Boulevard to remain a major thoroughfare, but there was also significant support for

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complete streets elements that improve pedestrian crossings and add protected bike infrastructure. Based on feedback from the Centerville community, staff is recommending returning Fremont Boulevard to a 4-lane road configuration while adding sidewalk improvements, enhanced pedestrian crossings, and either a buffered bike lane or an elevated bike lane on Fremont Boulevard.

All of the design alternatives that feature four vehicle through-lanes offer less space within the public right of way that can be devoted to new outdoor gathering space, which was a community priority based on the design workshop conducted at the first community meeting. As a way to enhance gathering space in the Centerville business district, staff recommends that future efforts focus on utilizing existing open space to create more vibrant gathering areas at the Centerville Train Depot and Bill Ball Plaza.

Next Steps and Other Centerville Area Projects
Subject to City Council approval of the staff recommendation, final design work will proceed on the Centerville Complete Streets project based on retaining Fremont Boulevard as a four - lane street. Significant improvement elements will include pavement rehabilitation, modified intersections at Fremont/Thornton and Fremont/Peralta, new pedestrian signal at Fremont/Bonde Way (near Centerville Train Station), new pedestrian flashing beacon (at Artist Walk entrance), separated bikeway or buffered bike lanes (dependent on space availability), transit stop enhancements, and sidewalk repairs throughout the corridor. For the area south of Peralta Boulevard, future improvements will be made in conjunction with the planned private development project (formerly Silicon Sage). Note that the Centerville Complete Streets project will also include improvements along Thornton Avenue consistent with “safe routes to school” plans by the City and Fremont Unified School District , and will include a new traffic signal at the Thornton/Oak intersection.

There are other significant transportation improvements planned in the Centerville area which include:
• Fremont Boulevard Traffic Signal Modernization – Currently in construction for nine miles along Fremont Boulevard from north Fremont to south Fremont. Project completion is planned for Fall 2022
• Peralta Boulevard and Fremont Boulevard Underground Utility Conversion – The City and PG&E are working to underground the overhead utility lines along Peralta Boulevard between Fremont Boulevard to Sequoia Road and Fremont Boulevard between Alder Avenue to Thornton Avenue. Construction is planned for 2024 • Centerville Corridor Railroad Quiet Zone – Planning work has commenced to provide railroad crossing safety improvements and establish a railroad quiet zone in the Centerville area, including the crossings at Fremont Boulevard, Maple Street, Dusterberry Way, and Blacow Road. The project is eligible for funding from regional grants.

FISCAL IMPACT: The cost to implement the improvements on Fremont Boulevard are within the scope of the grant funding received from Alameda CTC.

ENVIRONMENTAL REVIEW: Environmental review will be conducted upon further development and implementation of the approved design direction discussed in this Staff Report.

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ATTACHMENTS: None.

WEBLINK: https://www.fremont.gov/3462/Centerville-Complete-Streets

RECOMMENDATION: Approval of direction for the street design along Fremont Boulevard to retain four vehicle lanes (two in each direction) in the Centerville business district ar ea, generally between Thornton Avenue and Central Avenue, as part of the Centerville Complete Streets Project (PWC 8946).

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Fremont City CouncilFebruary 8, 2022

Fremont City Council
February 8, 2022