City Council Chambers
3300 Capitol Avenue
Fremont, CA
Fremont City Council
Lily Mei, Mayor
Raj Salwan, Vice Mayor
Teresa Keng, District 1
Rick Jones, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Teresa Cox, District 6
City Staff
Karena Shackelford, City Manager
Rafael Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
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
March 01, 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 March 1, 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 - March 01, 2022
March 1, 2022 Fremont City Council Agenda Page 2
How to submit Public Communications / Public Comment by email prior to the meeting:
Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit during a public comment portion of the zoom meeting, submit the pdf formatted document(s) to the email above by the noted deadline. Use the “raise hand” feature to request to speak. When called upon by the Mayor, City staff can share the document(s) while you are speaking during the time allotted.
Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.
How to provide Spoken Public Comment during the meeting:
1) By phone 833-430-0037 (toll free). Webinar ID: 914 0108 0991. Click *9 to raise a hand to speak. 2) By online https://zoom.us/j/91401080991
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.
March 1, 2022 Fremont City Council Agenda Page 3
Agenda
Fremont City Council Regular Meeting
March 01, 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 February 8, 2022 and the Special and Regular Meetings of February 15, 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. SECOND READING AND ADOPTION OF AN ORDINANCE 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
RECOMMENDATION: Adopt ordinance.
March 1, 2022 Fremont City Council Agenda Page 4
D. PURCHASE OF FLEET VEHICLES - Approval of Purchase Order with Tymco, Inc. for the Purchase of One Street Sweeper in an Amount Not to Exceed $345,280.95; with Peterson Trucks, Inc. for the Purchase of One Dump Truck in an Amount Not to Exceed $140,993.69 and; with The Ford Store San Leandro for the Purchase of Seven Police Vehicles in an Amount Not to Exceed $354,163.89. Exempt from CEQA Review per Guideline 15061.
Contact Persons:
Name: Mark Collins Hans Larsen
Title: Fleet Maintenance Manager Public Works Director
Dept: Maintenance Public Works
Phone: 510-979-5739 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager or Designee to execute a purchase order with Peterson Trucks, Inc. for the purchase of one dump truck in an amount not to exceed $140,993.69.
2. Authorize the City Manager or Designee to execute a purchase order with Tymco, Inc. for the purchase of one street sweeper in an amount not to exceed $345,280.95.
3. Authorize the City Manager or Designee to execute a purchase order with The Ford Store San Leandro for the purchase of seven Ford Utility Hybrids in an amount not to exceed $354,165.89.
E. WARM SPRINGS BART WEST ACCESS BRIDGE AND PLAZA PROJECT - Authorization to Amend a Professional Services Agreement with MNS Engineers, Inc., in an amount not to exceed $300,000 for Construction Management Services related to the Warm Springs BART West Access Bridge and Plaza Project (PWC 8804), for a Total Contract Amount Not to Exceed $2,851,020
Contact Persons:
Name: Mirabel Aguilar Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4761 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Reallocate funds of $300,000 from PWC 9041-514 and appropriate to PWC 8804-514.
2. Authorize the City Manager or her designee to execute an Amendment to the Professional Services Agreement with MNS Engineers, Inc., in an amount not to exceed $300,000, for Construction Management Services for the Warm Springs BART West Access Bridge and Plaza Project for a total contract amount not to exceed $2,851,020.
F. CALIFORNIA ASSOCIATION OF FOOD BANKS AGREEMENT - Approve a Three Year Agreement with California Association of Food Banks for participation in the CalFresh Outreach program and Making Finding of CEQA Exemption
Contact Persons:
Name: Alina Kwak Suzanne Shenfil
Title: Management Analyst II Director
Dept: Human Services Department Human Services Department Phone: 284-4014 510-574-2051
E-Mail: [email protected] [email protected]
March 1, 2022 Fremont City Council Agenda Page 5
RECOMMENDATION: Authorize the City Manager or her designee to enter into a Memorandum of Understanding (MOU) with the California Association of Food Banks (CAFB) for the federal fiscal years beginning October 1, 2021 and ending September 30, 2024. Also, approve this contract for review by the California Department of Social Services and the United States Department of Agriculture.
G. CAPITAL PROJECT CLOSEOUTS - Approve the Closeout of Completed Capital Projects and Partial Defunding of Selected Projects; and Approval of Fund Transfers and Appropriations
Contact Persons:
Name: Michelle Silva-Salinas Hans Larsen
Title: Business Manager Public Works Director
Dept: Public Works Public Works
Phone: 510-979-5705 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Approve the closeout of the capital projects identified on Exhibit A - Project Closeout List and return the remaining project appropriations to available fund balance in their respective funds.
2. Approve the defunding of the capital projects identified on Exhibit B - Project Defund List and return the remaining project appropriations to available fund balance in their respective funds.
3. Approve appropriation actions identified on Exhibit C - Project Appropriations List.
3. Ceremonial Items
A. Resolution: 125th Anniversary of the Country Club of Washington Township Women’s Club
B. Proclamation: Women’s History Month - Celebrate our Elected Women to Fremont City Council Past and Present
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT
CALENDAR
March 1, 2022 Fremont City Council Agenda Page 6
5. Scheduled Items
Redistricting Public Hearing #4 is Scheduled to Start at 7:15 p.m.
A. CITY OF FREMONT REDISTRICTING PROCESS PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING SECTIONS 2.05.130 AND
2.10.110 OF FREMONT MUNICIPAL CODE REGARDING THE REDRAWING
OF ELECTION DISTRICT BOUNDARIES AND MAKING CONFORMING
CHANGES DUE TO HAVING A SEVEN MEMBER CITY COUNCIL – Fourth Public Hearing on City of Fremont Redistricting Process, Start time - 7:15pm
Contact Persons:
Name: Amanda Gallo
Title: Management Analyst II
Dept: City Manager's Office
Phone: 510-284-4016
E-Mail: [email protected]
RECOMMENDATIONS:
1. Conduct a public hearing to receive additional public input on communities of interest and district boundaries.
2. Identify and select a final Council District Map.
3. Introduce ordinance amending the Fremont Municipal Code, sections 2.05.130 and 2.10.110.
4. Direct the City Clerk to post and publish a summary of the ordinance in accordance with Government Code Section 36933(c)(1).
B. PROPOSED DEVELOPMENT IMPACT FEE ANNUAL INFLATIONARY
INCREASE - Public Hearing (Published Notice) to Consider Adoption of a Resolution to Apply an Annual Inflationary Adjustment to the City’s Development Impact Fees, Including the Parkland Fee, Park Facilities Fee, Traffic Impact Fee, Capital Facilities Fee, and Fire Facilities Fee, Increasing the Fees in an Amount of 6.62%, Based on the Bay Area Construction Cost Index, Effective July 1, 2022.
Contact Persons:
Name: Michelle Silva-Salinas Hans Larsen
Title: Business Manager Public Works Director
Dept: Public Works Public Works
Phone: 510-979-5705 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Hold a public hearing to hear any public comments regarding the proposed impact fee adjustment.
2. Adopt a resolution approving a 6.62% increase to development impact fees for the Parkland Fee, Park Facilities Fee, Traffic Impact Fee, Capital Facilities Fee, and Fire Facilities Fee programs to reflect construction cost changes in 2021, effective July 1, 2022 and amending the Master Fee Schedule to include the increased fees.
6. Report from City Attorney - None.
March 1, 2022 Fremont City Council Agenda Page 7
7. Other Business - None.
8. Council Communications
A. Council Referrals - None.
B. Oral Reports on Meetings and Events
9. Adjournment
March 1, 2022 Fremont City Council Agenda Page 8
March 1, 2022 Fremont City Council Agenda Page 9
ACRONYMS
ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD
BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET
Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program
ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment
@
March 1, 2022 Fremont City Council Agenda Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 March 1, 2022 7:00 p.m. City Council Meeting Virtual Live March 8, 2022 7:00 p.m. City Council Meeting TBD Live
March 15, 2022 7:00 p.m. City Council Meeting TBD Live
March 22, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts 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 *CANCELLED*
April 26, 2022 No 7 PM City Council Meeting
(4th Tuesday)
Monday,
May 2, 2022 5:30 p.m. Joint City Council/FUSD
Meeting City Hosts Live
May 3, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
May 10, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
May 17, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
May 24, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
May 24, 2022 No 7 PM City Council
Meeting (4th Tuesday)
May 31, 2022 No 7 PM City Council
Meeting (5th Tuesday)