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
April 05, 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 April 5, 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 - April 05, 2022
April 5, 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: 990 1131 0541. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/99011310541
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.
April 5, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
April 05, 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
1. APPROVAL OF MINUTES – for the Special and Regular Meetings of March 8, 2022 and the Special and Regular Meetings of March 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 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
RECOMMENDATION: Adopt ordinance.
D. SECOND READING AND ADOPTION OF AN ORDINANCE REZONING A 22.4- ACRE SITE AT 40517-40525 ALBRAE STREET AND 6000 STEVENSON BOULEVARD FROM P-2006-10 (“THE GLOBE” PLANNED DISTRICT) TO P- 2021-160 (PRELIMINARY AND PRECISE PLANNED DISTRICT), TO ALLOW A THREE-BUILDING, APPROXIMATELY 397,000-SQUARE-FOOT INDUSTRIAL DEVELOPMENT (PLN2021-00160)
RECOMMENDATION: Adopt ordinance.
April 5, 2022 Fremont City Council Page 4
E. 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: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]
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 May 3, 2022.
F. 2022 PAVEMENT REHABILITATION PROJECT - Approve Plans and Specifications and Award a Contract to G. Bortolotto & Company, Inc. in the Amount of $1,452,649.18 (Including 5% Contingency) for the 2022 Pavement Rehabilitation Project (PWC 8234-V); Make Findings of CEQA Exemption
Contact Persons:
Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approve the following actions related to the 2022 Pavement Rehabilitation Project (PWC 8234-V):
1. Find this project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing), and Section 15302 (replacement or reconstruction of existing structures/facilities).
2. Approve the plans and specifications for the project.
3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, G. Bortolotto & Company, Inc. in the amount of $1,382,649.18, plus a 5% construction contingency in the amount of $70,000.00, for a total construction contract amount of $1,452,649.18, and authorize the City Manager to execute the contract.
April 5, 2022 Fremont City Council Page 5
G. PROPOSED ANNUAL ASSESSMENT FISCAL YEAR 2022/23 CITY OF FREMONT LANDSCAPE ASSESSMENT DISTRICT NO. 88 - Adopt a Resolution Ordering the Preparation and Filing of the Annual Engineer's Report for the Existing Landscaping Assessment District 88 and Adopt a Resolution Stating the City Council's Intention to Levy Assessments for Landscape Assessment District 88 for Fiscal Year 2022/23
Contact Persons:
Name: Andrew Freeman Suzanne Wolf
Title: Business Manager Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Adopt a resolution ordering the preparation and filing of the annual Engineer’s Report for Landscaping Assessment District 88 for Fiscal Year 2022/23.
2. Adopt a resolution stating the intent of the City Council of the City of Fremont to levy and collect assessments for Fremont Landscaping Assessment District 88 for Fiscal Year 2022/23.
H. CHAPEL WAY TEMPORARY FOOD STORAGE EMERGENCY ZAP - 40950 CHAPEL WAY - Informational Item Regarding Approval of an Emergency Zoning Administrator Permit for a temporary food storage facility.
Contact Persons:
Name: Hang Zhou Dan Schoenholz
Title: Planner II Community Development Director
Dept: Community Development Community Development
Phone: 510-494-4545 510-494-4438
E-Mail: [email protected] [email protected]
3. Ceremonial Items
A. Proclamation: April 2022 - Arts, Culture, and Creativity Month B. Proclamation: April 2022 as Community College Month – Ohlone College C. Resolution: In Support of Locating a Trauma Center in Southern Alameda County
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
April 5, 2022 Fremont City Council Page 6
5. Scheduled Items
A. CITY OF FREMONT REDISTRICTING PROCESS PUBLIC HEARING – Fifth 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. Adopt resolution to select a redrawn Official City Council District Map.
B. PUBLIC ART FOR WARM SPRINGS PLAZA SITE IN THE WARM SPRINGS INNOVATION DISTRICT - Public Hearing (Published Notice) to Consider Art Review Board and Recreation Commission Recommended First- and Second-Choice Artists for the Design, Fabrication, and Installation of Artwork For the Warm Springs Plaza, To Authorize the City Manager or Her Designee to Execute an Agreement to Fund Public Art at Warm Springs Plaza, and To Find, Each on a Separate and Independent Basis, and Without Limitation, that No Further Environmental Review is Required For the Project Pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15183, as the Project Is Consistent With the General Plan/Zoning and the Project Analyzed In the Approved Mitigated Negative Declaration Prepared For the Warm Springs BART West Access Bridge and Plaza Project; Section 15061(b)(3), as it Can Be Seen with Certainty that There is No Possibility the Project will Have a Significant Impact on the Environment; and/or it is Not a “Project” Required to Undertake CEQA Analysis, Pursuant to CEQA Guidelines Section 15378(2), (4)-(5), as it is an Administrative Activity that Will Not Result in any Direct or Indirect Significant Impacts on the Physical Environment.
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. Approve artist Vicki Scuri and Lifting the Veil – Focusing the Lens for the public artwork installation within the plaza area of the BART Warm Springs West Access Bridge and Plaza in accordance with the Warm Springs Innovation District Art Program;
2. Authorize the City Manager or her designee to execute a service agreement with Vicki Scuri in an amount not to exceed $600,000 to be funded from the Warm Springs Innovation District Art Fund; and
3. Find, on a separate and independent basis, that no further environmental review is required for the project pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15183, as the project is consistent with the General Plan/Zoning and the project analyzed in the April 5, 2022 Fremont City Council Page 7
approved Mitigated Negative Declaration Prepared For the Warm Springs BART West Access Bridge and Plaza Project; Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment; and Section 15378(b)(2), (4)-(5), as this is an administrative activity.
6. Report from City Attorney - None.
7. Other Business
A. 2023-2031 HOUSING ELEMENT UPDATE PRESENTATION - Receive a Presentation Regarding the 2023-2031 Housing Element Update: An Eight- Year Plan to Meet the Housing Needs of Everyone in the Community Contact Persons:
Name: Wayland Li Joel Pullen
Title: Principal Planner Planning Manager
Dept: Planning Planning
Phone: 510-494-4453 510-494-4436
E-Mail: [email protected] [email protected]
RECOMMENDATION: Receive presentation.
8. Council Communications
A. Council Referrals
1. MAYOR MEI REFERRAL: Appointments to Advisory Bodies Contact Persons:
Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]
Appointments:
Advisory Body Appointee Term
Expires
Library Advisory Committee Rohit UpaMaka 12/31/2025 (Student Commissioner)
Library Advisory Committee Smiti Anand 12/31/2025
Planning Commission Jasmin Basrai 12/31/2023
Senior Citizens Commission Claudette Surma 12/31/2023
RECOMMENDATION: Approve appointments.
April 5, 2022 Fremont City Council Page 8
B. Oral Reports on Meetings and Events
9. Adjournment
April 5, 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
@
April 5, 2022 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 April 5, 2022 5:45 p.m. City Council Closed Session
Meeting
Council
Chambers Live
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