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 15, 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 15, 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 15, 2022
March 15, 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: 971 6925 4720. Click *9 to raise a hand to speak. 2) By online https://zoom.us/j/97169254720
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 15, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
March 15, 2022
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM
1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements by Mayor / City Manager
2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.
A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.
C. ON-CALL POOL PREVENTATIVE MAINTENANCE AND REPLACEMENT PARTS FOR AQUA ADVENTURE WATERPARK – Authorize the City Manager or Designee to Execute On-Call Pool Preventative Maintenance and Replacement Parts for Aqua Adventure Waterpark Agreement(s) with National Aquatic Services and Skyblue Pool Supply ‘N Service, Inc.
Contact Persons:
Name: Kim Beranek Suzanne Wolf
Title: Deputy Director Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4330 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager or designee to execute a five year on-call maintenance service agreement with National Aquatic Services Inc. in an amount not to exceed $99,000 annually, and subject to available funding for on-call pool maintenance services at Aqua Adventure Waterpark.
2. Authorize the City Manager or designee to execute a five year on-call maintenance service agreement with Skyblue Pool Supply ‘N Service, Inc. in an amount not to exceed $99,000 annually, and subject to available funding for on-call pool maintenance services at Aqua Adventure Waterpark.
March 15, 2022 Fremont City Council Page 4
D. DUSTERBERRY WAY RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT - Authorization to Execute a Public Road Crossing Improvement Agreement with Union Pacific Railroad Related to the Dusterberry Way Section 130 Safety Improvement Project (PWC 8964); Allocate Additional Appropriations; Make Findings of CEQA Exemptions
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 the following actions related to the Dusterberry Way Section 130 Safety Improvement Project (PWC 8964):
1. Authorize the City Manager or her designee to execute all agreements with Union Pacific Railroad for the Dusterberry Way Safety Improvement Project (PWC 8964).
2. Find that this project is exempt 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.
3. Appropriate $50,000 in Section 130 funds to the Dusterberry Way Safety Improvement Project (PWC 8964-522).
E. AWARD A CONSTRUCTION CONTRACT FOR THE BABBLING BROOK AND MAMMOTH PICNIC AREA RENOVATIONS PROJECT - Approve Plans and Specifications and Award a Construction Contract in the Amount of $494,007.50, to IBS USA, Inc., for the Babbling Brook and Mammoth Picnic Area Renovations Project (PWC8999 & PWC9029); and Approve the Reallocation of $59,308 from the Dusterberry Neighborhood Park Project (PWC8581) to Central Park Mammoth Picnic Area (PWC9029) and Find the Project Exempt From Further Environmental Review Pursuant to CEQA Guidelines Section 15302, Replacement or Reconstruction Contact Persons:
Name: Eva Lee Suzanne Wolf
Title: Landscape Designer II Community Services Director Dept: Landscape Architecture Community Services
Phone: 510-494-4776 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Find Babbling Brook and Mammoth Picnic Area Renovations Project exempt from further environmental review pursuant to CEQA Guidelines Section 15302, Replacement or Reconstruction.
2. Reallocate $59,308 from the Dusterberry Neighborhood Park Project (PWC8581-540) to Central Park Mammoth Picnic Area (PWC9029-540).
3. Approve the Plans and Specifications for the Babbling Brook and Mammoth Picnic Area Renovations Project (PWC8999 and PWC9029).
4. Award a Construction Contract of $449,097.50 to IBS USA Inc., plus a 10% March 15, 2022 Fremont City Council Page 5
Construction Contingency in the amount of $44,910, for a total construction contract amount of $494,007.50.
F. AUTHORIZE AMENDMENT FOR KB SON INC. OWNER OF DAYS INN - Authorize the City Manager to Execute an Amendment with KB SON INC., Owner of Days Inn, to Continue Providing Units for the Winter Relief Non- Congregate Shelter Program
Contact Persons:
Name: Laurie Flores Suzanne Shenfil
Title: Homeless Services Manager Director
Dept: Human Services Department Human Services Department Phone: 510-574-2040 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager to execute an amendment with KB Son Inc. in an amount not to exceed $71,000 for a new total agreement not to exceed $170,000.
G. ELECTRIC UTILITY RATE PLAN - Council Direction Regarding Utility Rate Plan for City Operations
Contact Persons:
Name: Rachel DiFranco Dan Schoenholz
Title: Sustainability Manager Community Development Director Dept: Community Development Community Development
Phone: 510-494-4451 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATION: Direct staff to enroll all City electricity accounts in EBCE’s Renewable 100 rate plan, and reflect this change in the City’s proposed FY 2022/23 budget and find the action exempt from CEQA, as detailed in staff report.
3. Ceremonial Items
A. Proclamation: Proclaiming March 2020 as the 20th Annual March for Meals Month
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
5. Scheduled Items
A. ALBRAE INDUSTRIAL GPA & REZONING - 40517 ALBRAE STREET - PLN2021-00160 - Public Hearing (Published Notice) To Consider the Planning Commission's Recommendation To: 1) Adopt a Resolution Approving a General Plan Amendment To Tech Industrial; 2) Introduce and Ordinance Approving the Rezoning to Preliminary and Precise Planned District P-2021-160; 3) Approve Vesting Tentative Parcel Map No. 11171; and 4) Adopt a Resolution Adopting an Addendum to the Environmental Impact Report and Supplemental (EIR) (SCH No. 2005042146) Previously March 15, 2022 Fremont City Council Page 6
Prepared Pursuant to the California Environmental Quality Act (CEQA).
Approval of the Proposed Project Would Facilitate and Allow Development of a Three-Building Industrial Development Totaling Approximately 397,000 Square Feet on a 22.4 Acre Site Located at 40517 Albrae Street in the Bayside Industrial Community Plan Area.
Contact Persons:
Name: Mark Hungerford Joel Pullen
Title: Associate Planner Planning Manager
Dept: Planning Planning
Phone: 510-494-4541 510-494-4436
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Hold public hearing.
2. Upon conclusion of the public hearing, adopt a resolution adopting the Addendum and Revised Mitigation Monitoring Program for the project as shown in Exhibit “A,” and find on the basis of the whole record before it that the project is consistent with the previously-certified EIR for site development, project changes reflect a decrease in intensity from the previously analyzed project, and that there is no substantial evidence that the project introduces significant effects on the environment or increases the severity of previously identified impacts, and that this action reflects the independent judgment of the City of Fremont;
3. Find that the General Plan Amendment, as shown in Exhibit “B,” conforms with and contains the requirements provided for in the City’s planning processes, constitutes a suitable and logical change in the plan for physical development of the City of Fremont, and is in the public interest.
4. Find the project is in conformance with the relevant provisions contained in the City’s General Plan, including the designated goals and polices set forth in the Land Use, Mobility, and Economic Development Chapters of the General Plan as enumerated in the staff report;
5. Find that the project plans for Preliminary and Precise Planned District P- 2021-160 as shown in Exhibit “D” and in the accompanying Planned District Guidelines as shown in Exhibit “E” fulfill the applicable requirements set forth in the Fremont Municipal Code;
6. Adopt a resolution approving a General Plan Amendment to change the land use designation from Regional Commercial to Tech Industrial, as shown in Exhibit “B;”
7. Introduce an ordinance adopting Preliminary and Precise Planned District P- 2021-160 as shown in Exhibit “C” (Planned District Rezoning) and Exhibit “D” (Preliminary & Precise Planned District Plans and Vesting Tentative Parcel Map) and the accompanying Planned District Guidelines as shown in Exhibit “E,” based upon the findings and subject to the conditions of approval set forth in Exhibit “F;”
8. Approve the Vesting Tentative Parcel Map as shown in Exhibit “D” pursuant to FMC Section 17.20.200 and Government Code Section 66474, because none of the following findings for denial can be made, subject to the conditions of approval set forth in Exhibit “F;” and
9. Direct staff to prepare and the City Clerk to publish a summary of the resolution and ordinance.
March 15, 2022 Fremont City Council Page 7
B. 2021 HOUSING ELEMENT ANNUAL PROGRESS REPORT - Public Hearing (Published Notice) To Consider an Annual Report on the Status of Implementation of the General Plan and the 2015 – 2023 Housing Element, and to Consider an Exemption from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15378 in that the Annual Report Does Not Meet CEQA's Definition of a "Project."
Contact Persons:
Name: Courtney Pal Hang Zhou
Title: Planner II Planner II
Dept: Planning Planning
Phone: 510-494-4532 510-494-4545
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Find the annual report is exempt from, and not subject to the requirements of, the California Environmental Quality Act (CEQA), pursuant to, without limitation, CEQA Guidelines Section 15378(b)(5), in that the annual report does not meet CEQA's definition of a "project,” and as a separate and independent basis, CEQA Guidelines Section 15061(b)(3) (no possibility of significant environmental effect)
2. Accept Exhibit A and Exhibit B, which depict the current status of the General Plan and Housing Element, and direct staff to submit the required materials to OPR and HCD.
6. Report from City Attorney - None.
7. Other Business
A. ADOPTION OF THE PARKS AND RECREATION MASTER PLAN - Adopt a Resolution to adopt the Parks and Recreation Master Plan and make a finding that the Parks and Recreation Master Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per Guidelines Sections 15162, 15163, 15262, and 15378(b), and no further environmental review is required at this time.
Contact Persons:
Name: Tara Bhuthimethee Suzanne Wolf
Title: Senior Landscape Architect Community Services Director Dept: Community Services Community Services
Phone: 510-494-4738 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Find that the Parks and Recreation Master Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per Guidelines Sections 15162, 15163, 15262, and 15378(b), and no further environmental review is required at this time.
2. Find that the Parks and Recreation Master Plan complies with the City’s General Plan Policy 8-1.6.A: Review and Update of Relevant Plans and supports Goal 8-1: A Wide Range of Parks and Recreational Facilities.
3. Adopt a resolution to adopt the Parks and Recreation Master Plan included with this report.
March 15, 2022 Fremont City Council Page 8
8. Council Communications
A. Council Referrals - None.
B. Oral Reports on Meetings and Events
9. Adjournment
March 15, 2022 Fremont City Council 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 15, 2022 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 March 15, 2022 6:00 p.m. City Council Closed Session Meeting Virtual Live
March 15, 2022 7:00 p.m. City Council Meeting Virtual 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)
June 7, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
June 14, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
June 21, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
June 28, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting
City Hosts Live