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
Geneva Bosques, Communications and
Legislative Affairs Director
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
May 03, 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 May 3, 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 - May 03, 2022
May 3, 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: 843 6227 5381. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/84362275381
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.
May 3, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
May 03, 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, the Special Meeting of March 15, 2022, the Regular Meeting of March 15, 2022 (revised), the Regular Meeting of April 5, 2022, the Special and Regular Meetings of April 12, 2022, and the Regular Meeting of April 19, 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 ADDING FREMONT MUNICIPAL CODE TITLE 8 HEALTH AND SAFETY, CHAPTER 8.80 MILITARY EQUIPMENT USE
RECOMMENDATION: Adopt ordinance.
May 3, 2022 Fremont City Council Page 4
D. 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 17, 2022.
E. CALLING OF ELECTION 2022 - Adopt a Resolution Calling and Consolidating the 2022 November Election
Contact Persons:
Name: Susan Gauthier Christina Briggs
Title: City Clerk Assistant City Manager
Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-284-4022
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution that:
1. Calls for the General Municipal Election.
2. Requests the services of the Alameda County Registrar of Voters to conduct the election on behalf of the City of Fremont.
3. Calls for a Special Election to be conducted in the case of a tie vote for the elected officers as a result of the November 8, 2022 election.
4. Limits the candidate statement to be published in the Voter Sample Ballot to a maximum of two hundred (200) words, and requires a candidate to make a deposit of $3,000 to pay for costs at the time his/her nomination papers are filed.
5. Allows for rebuttals for the arguments in favor and the arguments in opposition for each ballot measure.
F. RESOLUTION ENDORSING HOME TOGETHER 2026 COMMUNITY PLAN - Adopt Resolution Endorsing Alameda County's Home Together 2026 Community Plan to End Homelessness
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]
May 3, 2022 Fremont City Council Page 5
RECOMMENDATION: Adopt a resolution endorsing Alameda County’s Home Together 2026 Community Plan, a community-wide plan for Alameda County which lays out the goals, strategies and investments needed to dramatically reduce homelessness-and reduce racial disparities in the homeless population by 2026.
G. AGE WELL CENTERS FOOD SUPPLIES - Approval of Annual Purchase Orders with U.S. Foods for Food Supplies in an Amount Not to Exceed $275,000 and Making Finding of CEQA Exemption
Contact Persons:
Name: Aisha Jasper Suzanne Shenfil
Title: Senior Center Manager Director
Dept: Human Services Department Human Services Department Phone: 510-790-6606 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or her designees to increase the current purchase order with U.S. Foods for Age Well Center food supplies by $46,000 and execute additional annual purchase orders with U.S. Foods in an amount not to exceed $275,000 per year through June 30, 2027.
H. 2022 PEDESTRIAN CROSSING ENHANCEMENT PROJECT - Approval of Plans and Specifications and Award Construction Contract to Golden Bay Construction, Inc. in the Amount of $411,733.06 (including 15% Contingency) for the 2022 Pedestrian Crossing Enhancement Project (PWC 9036); Reallocation of Funds; and Make Findings of CEQA Exemption Contact Persons:
Name: Anthony Villanueva Hans Larsen
Title: Transportation Engineer I Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4778 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approval of the following actions related to the 2022 Pedestrian Crossing Enhancement Project (PWC 9036):
1. Find that this project is categorically exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presenting existing).
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, Golden Bay Construction, Inc., in the amount of $358,028.75 and allocate a 15% contingency in the amount of $53,704.31 for a total construction contract amount of $411,733.06, and authorize the City Manager or designee to execute the contract.
4. Reallocate $47,775.69 from PWC 8944-136 to PWC 9036-136.
5. Reallocate $32,959.00 from PWC 8944-501 to PWC 9036-501.
6. Reallocate $32,893.32 from PWC 8944-502 to PWC 9036-502.
7. Reallocate $275,000.00 from PWC 8944-515 to PWC 9036-515.
8. Reallocate $67,525.87 from PWC 8944-519 to PWC 9036-519.
9. Reallocate $9,283.50 from PWC 8944-520 to PWC 9036-520.
I. SENIOR CENTER FLAT ROOF REPLACEMENT - Approval of Plans and Specifications and Award of Contract to State Roofing Systems, Inc. in the amount of $217,753 (including 15% Contingency) for the Senior Center Flat Roof Replacement Project (PWC 8393); Exempt from Environmental Review per CEQA Guideline Section 15301 (Existing Facilities) May 3, 2022 Fremont City Council Page 6
Contact Persons:
Name: Jimmy Chen Hans Larsen
Title: Facilities Manager Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4715 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approval of the following actions related to the Senior Center Flat Roof Replacement Project (PWC 8393):
1. Find the project is exempt from CEQA review pursuant to CEQA Guideline Section 15301 as a repair or modification of an existing facility involving negligible or no expansion of use.
2. Approve Plans and Specifications for the Senior Center Flat Roof Replacement Project.
3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder State Roofing Systems, Inc. in the amount of $189,350 and allocate a 15% contingency in the amount of $28,403 for a total construction contract amount of $217,753 and authorize the City Manager or designee to execute the contract.
3. Ceremonial Items
A. Proclamation: Jewish Heritage Month
B. Proclamation: Asian Heritage Month
C. Proclamation: Affordable Housing Month
D. Proclamation: Fremont Bike Month
E. Proclamation: National Children's Mental Health Awareness Day, May 5, 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
A. DOWNTOWN COMMUNITY PLAN AND ZONING TEXT AMENDMENTS - PLN2022-00260 - Public Hearing (Published Notice) To Consider the Planning Commission's Recommendation to Adopt An Amendment To The Downtown Community Plan And A Zoning Text Amendment To Fremont Municipal Code Section 18.47 (Downtown District) To Allow Four Curb-Cuts On The Northwest Side Of Capitol Avenue Between State Street And Fremont Boulevard; And To Consider A Finding That No Further Environmental Review Is Required Because A Final Supplemental Environmental Impact Report (SCH#2010072001) Was Previously Certified For The Downtown Community Plan And The Associated Downtown District Zoning.
May 3, 2022 Fremont City Council Page 7
Contact Persons:
Name: Courtney Pal Dan Schoenholz
Title: Associate Planner Community Development Director Dept: Planning Community Development
Phone: 510-494-4532 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATION:
1. Hold public hearing;
2. Find that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) because a Final Supplemental Environmental Impact Report (SCH#2010072001) was previously certified for the Downtown Community Plan and associated Downtown Zoning District;
3. Find that the proposed amendments are consistent with the General Plan and Downtown Community Plan and Design Guidelines and furthers the public interest, convenience and general welfare of the City, in that the amendments are minor and would not conflict with the objectives and goals of the DCP for multi-modal design along Capitol Avenue, and they would timely implement the terms of the City Council-approved settlement.
4. Adopt a resolution approving an amendment to the Downtown Community Plan and Design Guidelines, as shown in Exhibit “A”; and
5. Introduce an ordinance approving an amendment to FMC Section 18.47 Downtown District, as shown in Exhibit “B”.
6. Report from City Attorney - None.
7. Other Business
A. DISPOSITION OF REMNANT PARCELS ON CAPITOL AVE - To Consider Quitclaim of Remnant Parcels on Capitol Avenue To Sunhill Enterprises, LLC; Take Further Actions In Accordance With the Sunhill Settlement Agreement Approved by Council, Including Appropriating $1 Million from the General Liability Reserve; and Make Findings of CEQA Exemptions (Disposition of Excess City Land Is Categorically Exempt Under CEQA Pursuant To Section 15312, and Action Involving Funds Appropriation Is Not Subject To the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 21065 and 15061).
Contact Persons:
Name: Ian Champeny Hans Larsen
Title: Real Property Agent Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4759 510-494-4722
E-Mail: [email protected] [email protected]
May 3, 2022 Fremont City Council Page 8
RECOMMENDATIONS: That the City Council take the following actions:
1. Find that the action involving the appropriation of $1 million from the City’s Risk Management Fund to pay Sunhill is not subject to the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Sections 21065 and 15061.
2. Appropriate $1 million in the Risk Management Fund (Fund 609) and direct the City Finance Director to issue payment to Sunhill in the exact amount of $1 million in accordance with the terms and conditions of the Settlement Agreement and Release dated February 11, 2022 by and between the City and Sunhill Enterprises, LLC.
3. Adopt a resolution approving the proposed Quitclaim of remnant parcels to Sunhill Enterprises, LLC, as shown in Exhibit “A” (plat and legal).
8. Council Communications
A. Council Referrals
1. MAYOR MEI REFERRAL: Requesting Adoption of a Resolution to Update Council Assignments to Outside Committees, Commissions, and Boards Contact Persons:
Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]
RECOMMENDATION: Adopt a resolution designating Council assignments to outside committees, commissions and boards to appoint Vice Mayor Salwan to Southern Alameda County Geographic Information Systems Joint Powers Authority (SACGIS JPA) and to update the exhibit to also reflect changes to contact information, meeting frequency and/or stipends for the various entities.
B. Oral Reports on Meetings
9. Adjournment
May 3, 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
May 3, 2022 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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
June 28, 2022 No 7 PM City Council
Meeting (4th Tuesday)
July 5, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 12, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 19, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 26, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
Fremont City Council Meeting: 05/03/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4592) DOC ID: 4592
Updated: 4/25/2022 5:55 PM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Special and Regular Meetings of March 8, 2022, the Special Meeting of March 15, 2022, the Regular Meeting of March 15, 2022 (revised), the Regular Meeting of April 5, 2022, the Special and Regular Meetings of April 12, 2022, and the Regular Meeting of April 19, 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 Special and Regular Meetings of March 8, 2022, the Special Meeting of March 15, 2022, the Regular Meeting of March 15, 2022 (revised), the Regular Meeting of April 5, 2022, the Special and Regular Meetings of April 12, 2022, and the Regular Meeting of April 19, 2022
ATTACHMENTS:
• Draft Minutes
RECOMMENDATION: Approve minutes.
2.B.1
Packet Pg. 11
MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
MARCH 8, 2022
VIRTUAL MEETING VIA ZOOM
5:30 P.M.
Call to Order: Mayor Mei called the mee ting to order at 5:32 p.m.
Roll Call: Present: Mayor Mei, Vice Mayor Salwan (arrived at 5:36), Councilmembers: Keng (arrived at 5:38), Jones, Kassan, Shao, and Cox
Public Comment: None.
CONVENED TO A CLOSED SESSION at 5:34 p.m.
CONFERENCE WITH LABOR NEGOTIATOR: The City Council will hold a special meeting which will commence as an open meeting and then adjourn to a closed session as authorized by subdivision (a) of Section 54957.6 of the Government Code for the purpose of reviewing its position for upcoming employee negotiations and for instructing Karena McGee Shackelford, City Manager; Rafael E. Alvarado, Jr., City Attorney; Brian Stott, Assistant City Manager; David Persselin, Finance Director; Allen DeMers, Human Resources Director; Tina Gallegos, Human Resources Manager; and Jonathan Holtzman, Designated Representative; as the City’s negotiators regarding salaries, salary schedules, compensation paid in the form of fringe benefits of its represented and unrepresented employees, and for any other matters within the statutorily provided scope of representation.
The names of the organizations representing employees in question are:
City Fremont Employee Association
Operating Engineers Local Union 3
Teamsters Local 856
Fremont Police Association
Fremont Police Managers’ Association
Professional Engineers and Technicians Association
Fremont Association of Management Employees
Fremont Fire Fighters
Fremont Fire Fighters Battalion Chiefs
The Special Meeting of the Fremont City Council adjourned at 6:50 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
2.B.1.a
Packet Pg. 12
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
MARCH 8, 2022
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
1. PRELIMINARY
A. Call to Order: Mayor Mei called the mee ting to order at 7:04 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/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
City Manager Shackelford shared information regarding items of community interest.
City Attorney Alvarado reported that the Council conducted a conference with labor negotiators pursuant to Government Code for the labor organizations listed on the agenda. The Council took no reportable action.
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 Salwan, seconded by Councilmember Jones, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
Abstain: None
* B. Mayor Mei opened consideration of Approval of Minutes
This item was removed from the Consent Calendar by Councilmember Cox. Councilmember Cox requested a correction be made to the March 1, 2022 minutes.
On a motion by Vice Mayor Salwan, seconded by Councilmember Jones, the City Council approved minutes for the Regular Meeting of February 8, 2022 (revised), the Special and
2.B.1.a
Packet Pg. 13
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
Regular Meetings of February 15, 2022, and the Regular Meeting of March 1, 2022 (corrected).
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 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
On a motion by Vice Mayor Salwan, seconded by Councilmember Jones, 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 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 April 5, 2022.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kass
an, Shao, and Cox
Noes: None
Absent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Resolution: Honoring Fremont Fire Rehabilitation Unit Volunteer Coordinator Susan Rath for Twenty Years of Service
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
The following persons shared a variety of concerns: John Hinds, Marie Hughes, Gopalakrishnan Padma, Lisa Danz, Todd P. Langton (Agape Silicon Valley), Meena, and Andreas Kadavaich.
5. SCHEDULED ITEMS – None.
2.B.1.a
Packet Pg. 14
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
6. REPORT FROM CITY ATTORNEY – None.
7. OTHER BUSINESS
* A. Mayor Mei opened consideration to Update on the Status of the FY 2021/22 General Fund Operating Budget and Preliminary Three-Year Forecast; Approve Budget Adjustments (Fiscal Year 2021/22 Mid-Year Budget Report)
Finance Director Dave Persselin gave a presentation and responded to questions from Councilmembers. Mayor Mei opened the public comment period. Marie Hughes commented on the presentation. There being no additional speakers, Mayor Mei closed the public comment period. Councilmembers provided comments.
On a motion by Councilmember Cox, seconded by Vice Mayor Salwan, the City Council approved the following:
1. Increased the General Fund revenue estimate for sales tax by $21.8 million.
2. Approved the transfer of $21.8 million to the Capital Improvements Fund (Fund 501).
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
Councilmembers reported on their various meetings.
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
2.B.1.a
Packet Pg. 15
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
MARCH 15, 2022
VIRTUAL MEETING VIA ZOOM
5:30 P.M.
Call to Order: Mayor Mei called the mee ting to order at 6:01 p.m.
Roll Call: Present: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, J ones, Kassan, Shao, and Cox
Public Comment: None.
CONVENED TO A CLOSED SESSION at 6:03 p.m.
CONFERENCE WITH LABOR NEGOTIATOR: The City Council will hold a special meeting which will commence as an open meeting and then adjourn to a closed session as authorized by subdivision (a) of Section 54957.6 of the Government Code for the purpose of reviewing its position for upcoming employee negotiations and for instructing Karena McGee Shackelford, City Manager; Rafael E. Alvarado, Jr., City Attorney; Brian Stott, Assistant City Manager; Christina Briggs, Assistant City Manager; David Persselin, Finance Director; Allen DeMers, Human Resources Director; Tina Gallegos, Human Resources Manager; and Jonathan Holtzman, Designated Representative; as the City’s negotiators regarding salaries, salary schedules, compensation paid in the form of fringe benefits of its represented and unrepresented employees, and for any other matters within the statutorily provided scope of representation.
The names of the organizations representing employees in question are:
City Fremont Employee Association
Operating Engineers Local Union 3
Teamsters Local 856
Fremont Police Association
Fremont Police Managers’ Association
Professional Engineers and Technicians Association
Fremont Association of Management Employees
Fremont Fire Fighters
Fremont Fire Fighters Battalion Chiefs
The Special Meeting of the Fremont City Council adjourned at 6:50 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
2.B.1.a
Packet Pg. 16
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
MARCH 15, 2022
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
1. PRELIMINARY
A. Call to Order: Vice Mayor Salwan called the meeting to order at 7:05 p.m.
B. Flag Salute: Councilmember Cox led the salute to the flag.
C. Roll Call: Present: Mayor Mei (arrived a t 7:30), Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
D. Announcements by Mayor/City Manager/City Attorney
Vice Mayor Salwan announced the Boards and Commissions vacancies.
City Attorney Alvarado reported that the Council conducted a conference with labor negotiators pursuant to Government Code for the labor organizations listed on the closed session agenda. The Council took no reportable action.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances – None.
* B. Approval of Minutes – None.
* C. Vice Mayor Salwan opened consideration to Authorize the Ci ty 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.
On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council:
1. Authorized 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. Authorized 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.
2.B.1.a
Packet Pg. 17
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
Ayes: Vice Mayor Salwan, Councilmembers: Keng, Jones,
Kassan, Shao, and Cox
Noes: None
Absent: Ma
yor Mei
Abstain: None
* D. Vice Mayor Salwan opened consideration for Authorization t o 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
On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council approved the following actions related to the Dusterberry Way Section 130 Safety Improvement Project (PWC 8964):
1. Authorized the City Manager or her designee to execute all agreements with Union Pacific Railroad for the Dusterberry Way Safety Improvement Project (PWC 8964).
2. Found that this project was exemp t 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. Appropriated $50,000 in Section 130 funds to the Dusterberry Way Safety Improvement Project (PWC 8964-522).
Ayes: Vice Mayor Salwan, Councilmembers: Keng, Jones,
Kassan, Shao, and Cox
Noes: None
Absent: Ma
yor Mei
Abstain: None
* E. Vice Mayor Salwan opened consideration to Approve Plans an d 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
2.B.1.a
Packet Pg. 18
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
See Green Sheet on file.
On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council:
1. Found Babbling Brook and Mammoth Picnic Area Renovations Pro ject exempt from further environmental review pursuant to CEQA Guidelines Section 15302, Replacement or Reconstruction.
2. Reallocated $59,308 from the Dusterberry Neighborhood Park Project (PWC8581-540) to Central Park Mammoth Picnic Area (PWC9029-540).
3. Approved the Plans and Specifi cations for the Babbling Brook and Mammoth Picnic Area Renovations Project (PWC8999 and PWC9029).
4. Awarded a Construction Cont ract of $449,097.50 to IBS USA Inc., plus a 10% Construction Contingency in the amount of $44,910, for a total construction contract amount of $494,007.50.
Ayes: Vice Mayor Salwan, Councilmembers: Keng, Jones,
Kassan, Shao, and Cox
Noes: None
Absent: Ma
yor Mei
Abstain: None
* F. Vice Mayor Salwan opened consideration to Authorize the Ci ty 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
On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council authorized 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.
Ayes: Vice Mayor Salwan, Councilmembers: Keng, Jones,
Kassan, Shao, and Cox
Noes: None
Absent: Ma
yor Mei
Abstain: None
* G. Vice Mayor Salwan opened con sideration for Council Direction Regarding Utility Rate Plan for City Operations (Electric Utility Rate Plan)
This item was removed from the Consent Calendar. Vice Mayor Salwan opened the public comment period. John Hinds commented on the proposed rates. There being no additional speakers, Vice Mayor Salwan closed the public comment period. Mayor Mei joined the meeting during public comment.
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council directed staff to enroll all City electricity accounts in EBCE’s Renewable 100 rate plan, and
2.B.1.a
Packet Pg. 19
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
reflect this change in the City’s proposed FY 2022/23 budget and find the action exempt from CEQA, as detailed in staff report.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Proclaiming March 2020 as the 20th Annual Marc h for Meals Month
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.
The following persons shared a variety of concerns: Marie Hughes, Gopalakrishnan Padma, Lisa Danz, Todd P. Langton (Agape Silicon Valley), Meena, and Kelly Abreu.
5. SCHEDULED ITEMS
A. Mayor Mei opened considerati on of the 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 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. (Albrae Industrial GPA & Rezoning - 40517 Albrae Street - PLN2021-00160)
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.
Associate Planner Mark Hungerford and Economic Development Manager Donovan Lazaro gave a presentation. City Staff, along with consultants Rebecca Auld (Lamphier- Gregory) and Sam Tabibnia (Fehr and Peers), responded to questions from Councilmembers.
Project Manager for the applicant, Mac Carlsen, provided a presentation. Mr. Carlsen and Derek Braun (Strategic Economics) responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following persons commented: Tim Lipscomb (a
2.B.1.a
Packet Pg. 20
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
retired carpenter, and an industry advisor for Mission Valley ROP), Brian Werner (w/MEPS representing the five local union trades: Electricians, Sheet Metal Workers, Plumbers, Sprinkler Fitters, and Ironworkers), Kelly Abreu, Jacob Klein (organizer for the San Francisco Bay Chapter of the Sierra Club), Martha Kreeger (member of the Sierra Club), William Yragui, Doug Bloch (w/Teamsters Joint Council 7), David Calero (IBEW’s Apprenticeship Program graduate), and Mike Bucci (Newark City Councilmember, and also stated he is a Millwright).
There were no additional speakers. Mayor Mei closed the public hearing. This was followed by questions and comments from Councilmembers.
On a motion by Vice Mayor Salwan, seconded by Councilmember Keng, the City Council:
1. Convened the Public Hearing.
2. Upon conclusion of the public he aring, adopted Resolution No. 2022-08 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. Found 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. Found the project is in conform ance 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. Found 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. Adopted Resolution No. 2022-07 approving a General Plan Amen dment to change the land use designation from Regional Commercial to Tech Industrial, as shown in Exhibit “B;”
7. Introduced ordinance adopting a Preliminary and Precise Plan ned 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. Approved 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 condi tions of approval set forth
in Exhibit “F;” and adding the condition of fully solar from day one, and then requesting City Staff to work with City of Newark to keep apprised of the project and work with them going forward.
9. Directed staff to prepare a nd the City Clerk to publish a summary ordinance.
2.B.1.a
Packet Pg. 21
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
Abstain: None
B. Mayor Mei opened considerati on of the 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.’ (2021 Housing Element Annual Progress Report)
No presentation from staff. Mayor Mei opened the public hearing. Lisa Danz commented.
There being no additional speakers, Mayor Mei closed the public hearing.
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council,
1. Found the annual report was exe mpt 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. Accepted Exhibit A and Exhibit B, which depict the current s tatus of the General Plan and Housing Element, and direct staff to submit the required materials to OPR and HCD.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: None
Absent: None
Abstain: Councilmembe
r Kassan
6. REPORT FROM CITY ATTORNEY – None.
7. OTHER BUSINESS
A. Mayor Mei opened consideration of approval to adopt a Resol ution adopting 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.
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.
2.B.1.a
Packet Pg. 22
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
Community Services Director Suzanne Wolf provided an overview and handed off to Neelay Bhatt, with PROS Consulting, to provide the presentation. Councilmembers asked questions and provided comment. Mayor Mei opened the public comment period. The following persons commented on the presentation: Katherine, SABA Islamic Center Admin., Ashwini Kumar, Krishna Aggarwal, Ruhan, William Yragui (Mission Peak Conservancy), Srividya Rao, Gretchen Mendenhall, Elissa Winters, Patricia Schaffarczyk, Isani Vaghela, Krish, Aishwarya M. Iyengar, MJ, Rajiv Thadani, Rahul Jariwala, Trisha Bhima, Vijay Kumar, Purushotham Peddireddy, John Hinds, Reza Khan, Kelly Abreu, Janet Barton, Ananya Srinivasan, Virendra Swar, and President of American High PTSA. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by questions and comments from Councilmembers.
On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council:
1. Found that the Parks and Recreation Master Plan is exempt fr om 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. Found that the Parks and Recreat ion 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. Adopted Resolution No. 2022-09 a dopting the Parks and Recreation Master Plan included with the staff report.
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 at 10:55 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
2.B.1.a
Packet Pg. 23
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
APRIL 5, 2022
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: 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.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances – None.
* B. Approval of Minutes Mayor Mei opened consideration of Approval of Minutes
*See Green Sheet
This item was removed from the Consent Calendar by Councilmember Cox. Councilmember Cox requested corrections be made to the March 15, 2022 minutes. No minutes were approved at this time.
* C. Mayor Mei opened consideration of Second Reading and Adopt ion 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
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. There being no speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Cox, seconded by Councilmember Shao, the City Council adopted Ordinance No. 02-2022
2.B.1.a
Packet Pg. 24
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
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 Second Reading and Adopt ion 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)
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. There being no speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Cox, seconded by Councilmember Shao, the City Council adopted Ordinance No. 03-2022.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
Abstain: None
* E. 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
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 emergency;
2. The state of emergency conti nues to directly impact the ability of the members to meet safely in person; and
3. The state of emergency conti nues to directly impact the ability of the members to meet safely in person; and.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
A
bstain: None
2.B.1.a
Packet Pg. 25
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
* F. Mayor Mei opened consideration to Approve Plans and Specif ications 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
On a motion by Councilmember Jones, seconded by Councilmember Shao, the City Council approved the following actions related to the 2022 Pavement Rehabilitation Project (PWC 8234-V):
1. Found 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. Approved the plans and speci fications for the project.
3. Accepted 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.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
Abstain: None
* G. Mayor Mei opened consideration to Adopt a Resolution Order ing 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
On a motion by Councilmember Jones, seconded by Councilmember Shao, the City Council:
1. Adopted Resolution No. 2022-10 or dering the preparation and filing of the annual Engineer’s Report for Landscaping Assessment District 88 for Fiscal Year 2022/23.
2. Adopted Resolution No. 2022-11 s tating 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.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
A
bstain: None
2.B.1.a
Packet Pg. 26
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
* H. Mayor Mei opened consideration of Informational Item Regar ding Approval of an Emergency Zoning Administrator Permit (ZAP) for a temporary food storage facility. (Chapel Way Temporary Food Storage Emergency ZAP - 40950 Chapel Way)
The City Council received the informational report; no action was required by City Council.
3. CEREMONIAL ITEMS
A. Proclamation: April 2022 - Art s, Culture, and Creativity Month
B. Proclamation: April 2022 as Co mmunity College Month – Ohlone College
C. Resolution: In Support of Locat ing a Trauma Center in Southern Alameda County
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, Marie Hughes, Kelly Abreu, John Hinds, Maria Caluag and Suresh shared a variety of concerns.
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of Fifth Public Hearing on C ity of Fremont Redistricting Process, Start time - 7:15pm
Management Analyst, Amanda Gallo provided an introduction. Kristen Parks, Consultant with the National Demographics Corporation provided a presentation. Mayor Mei opened the public hearing. The following persons commented on the presentation and/or maps: Maria Speranza- Camp and Kelly. There being no additional speakers, Mayor Mei closed the public hearing.
This was followed by a question-and-answer period. Councilmembers provided comment.
On a motion by Councilmember Salwan, seconded by Councilmember Jones, the City Council adopted Resolution No. 2022-12 to select a redrawn Official City Council District Map.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
Abstain: None
2.B.1.a
Packet Pg. 27
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
B. Mayor Mei opened consideration of 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.
On a motion by Councilmember Jones, seconded by Councilmember Keng, the City Council approved the following:
1. Approved 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. Authorized 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. Found, on a separate and indepe ndent 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 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.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
Abstain: None
6. REPORT FROM CITY ATTORNEY – None.
2.B.1.a
Packet Pg. 28
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
7. OTHER BUSINESS
A. Mayor Mei opened consideration to Receive a Presentation Re garding the 2023-2031 Housing Element Update: An Eight-Year Plan to Meet the Housing Needs of Everyone in the Community
Principal Planner Wayland Li and Associate Planner Courtney Pal provided a presentation and responded to questions from Councilmembers. Mayor Mei opened the public comment period.
The following persons provided public comment: Lisa Danz, Blair Beekman, and Kelly Abreu.
There being no 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.
The City Council received the presentation regarding the 2023-2031 Housing Element Update and provided input to staff.
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
Library Advisory Committee Rohit UpaMaka 12/31/2025
(Student Commissioner)
Library Advisory Commission Smiti Anand 12/31/2025
Senior Citizens Commission Jasmin Baserai 12/31/2023
Planning Commission C l a u d e t t e S u r m a 1 2 / 3 1 /2023
On a motion by Councilmember Jones, seconded by Councilmember Shao, the City Council approved appointments.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
Abstain: None
2.B.1.a
Packet Pg. 29
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
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 9:13 p.m.
A t t e s t : A p p r o v e d :
_____________________________ ___________________________ Alberto Quintanilla, Assistant City Clerk LILY MEI, Mayor
2.B.1.a
Packet Pg. 30
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
APRIL 12, 2022
VIRTUAL MEETING VIA ZOOM
6:00 P.M.
Call to Order: Mayor Mei called the mee ting to order at 6:02 p.m.
Roll Call: Present: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, J ones, Kassan, Shao, and Cox
Public Comment: None.
CONVENED TO A CLOSED SESSION at 6:05 p.m.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9)
1. Michelle Mondragon v. City of Fre mont, US District Court for the Northern District of California, Case No. 5:18-cv-01605-NC
2. Diane Hendry v. City of Fremont , Alameda County Superior Court, Case No. RG18915635
The Special Meeting of the Fremont City Council adjourned at 6:55 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
2.B.1.a
Packet Pg. 31
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
APRIL 12, 2022
VIRTUAL MEETING VIA ZOOM
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 Jones 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/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
City Manager Shackelford shared information regarding items of Council/community interest.
City Attorney Alvarado reported that the Council conducted a conference with legal counsel addressing litigation regarding two cases, Michelle Mondragon vs. City of Fremont and Diane Hendry vs. City of Fremont, as listed on the closed session agenda. The Council took no reportable action.
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 Enter into a Three-Year Microsoft Enterprise Agreement with Dell Marketing, L.P., in an Amount of $2,694,929.49, Payable in Annual Payments, and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. There being no speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council:
1. Authorized the City Manager, or designee, to enter into a Microsoft Enterprise Agreement with Dell Marketing L.P., in the amount of $2,694,929.49, payable in annual payments of $898,309.83 for Year 1 through Year 3.
2.B.1.a
Packet Pg. 32
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
2. Authorized the City Manager, or designee, to execute any implementing documents and take any implementing actions as necessary.
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 Appropriate an Additiona l Contribution to the CERBT to Reduce the City’s Unfunded Liability for Retiree Healthcare
On a motion by Vice Mayor Salwan, seconded by Councilmember Jones, the City Council:
1. Increased revenue estimates, totaling $5 million, in the Gen eral Fund as follows:
a. Property Tax - $1 million
b. Business Tax - $1 million
c. Transient Occupancy Tax - $0.5 million
d. Property Transfer Tax - $0.5 million
e. Charges for Services - $1 million
f. Fines - $1 million.
2. Increased the Citywide expenditu re savings estimate in the General Fund by $5 million.
3. Appropriated $10,000,000 in the General Fund as an additiona l contribution to the CERBT to reduce the City’s unfunded liability for retiree healthcare.
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 Acceptance of the 2022 C ity Council Retreat Report and Identified Council Priorities
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. John Hinds and Kelly Abreu commented. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Kassan, seconded by Councilmember Jones, the City Council accepted the February 2022 City Council Retreat Report.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
A
bstain: None
2.B.1.a
Packet Pg. 33
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
* F. Mayor Mei opened consideration to Approve and Authorize Ci ty Manager to Execute a Cooperative Purchase with HGAC Buy and Authorize Purchase of a Tactical Water Tender; Appropriate Additional Funds
On a motion by Vice Mayor Salwan, seconded by Councilmember Jones, the City Council:
1. Increased the revenue estimate in the Fire Capital Replaceme nt Fund by $325,000 and appropriate that amount for the purchase of a water tender.
2. Authorize the City Manager or designee to issue a purchase order to Golden State Fire Apparatus to purchase a Tactical Water Tender, in an amount not to exceed $440,871, using the HGAC Buy Program cooperative agreement.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Fair Housing Month, April 2022
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.
The following persons shared a variety of concerns: John Hinds, John Whaley, Marie Hughes (Member of Leadership Team for Fremont), Minhaj M., Kelly Abreu, and Blair Beekman.
5. SCHEDULED ITEMS – None.
6. REPORT FROM CITY ATTORNEY – None.
7. OTHER BUSINESS
A. Mayor Mei opened consideration to Adopt a Resolution Summar ily Vacating Public Utility Easement at 38631 Fremont Boulevard in Centerville Community Plan Area (PLN2022-00135)
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council:
1. Found the action is exempt from CEQA review.
2. Adopted Resolution No. 2022-13 to vacate Public Utility Ease ment at 38631 Fremont Boulevard.
2.B.1.a
Packet Pg. 34
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
Abstain: None
B. Mayor Mei opened consideration of Union Sanitary District ( USD) general update to Council including highlights of current initiatives.
Presentation by USD General Manager Paul Eldredge. Mr. Eldredge responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following persons commented: Kelly Abreu and Katherine. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by another question and answer period.
The City Council received the presentation as provided.
C. Mayor Mei opened considerati on of Approval for Adoption of the 2022 Legislative Guiding Principles and Priorities
Director of Communications and Legislative Affairs Geneva Bosques introduced the item.
Management Analyst Amanda Gallo gave a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following persons commented: Lisa Danz, FP Arjun Khanna, and John Hinds. There were 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 adopted the 2022 Legislative Guiding Principles and Priorities and authorized the Mayor to transmit documents that are consistent with these guiding principles and priorities.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: Councilmember Kassan
Absent: None
Abstain: None
D. Mayor Mei opened considerati on of Informational Report on the Use of Community Feedback Surveys to Support Staff Recommendations and Council Actions
No presentation. Mayor Mei opened the public comment period. The following person commented: FP Arjun Khanna. There being no additional speakers, Mayor Mei closed the public comment period. Public Works Director Hans Larsen responded to questions from Councilmembers. The City Council received the staff report and provided comment. No action was taken as this was an informational report.
2.B.1.a
Packet Pg. 35
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
8. COUNCIL COMMUNICATIONS
A. Council Referrals
1. Mayor Mei opened consideration of Mayor Mei Referral: Reque sting Adoption of a Resolution to Update Council Assignments to Outside Committees, Commissions, and Boards
Staff responded to questions from Councilmembers. Item tabled for a future City Council meeting, as the exhibit to the resolution will require updating.
B. Oral Reports on Meetings
Councilmembers reported on their various meetings and activiti es
9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:45 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
2.B.1.a
Packet Pg. 36
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
APRIL 19, 2022
VIRTUAL MEETING VIA ZOOM
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 Shao 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/City Attorney
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 of Approval of Plans and Sp ecifications; Award of Contract to American Pavement Systems, Inc. in the Amount of $2,930,232 (Including 5% Contingency) for the 2022 Cape and Slurry Seal Project (PWC 8195-U2); Make Findings of CEQA Exemption.
On a motion by Councilmember Cox, seconded by Councilmember Shao, the City Council approved the following actions related to the 2022 Cape and Slurry Seal Project (PWC 8195 U2):
1. Found this project is exempt from California Environmental Q uality Act (CEQA) review pursuant to CEQA Guidelines section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.
2. Approved the plans and speci fications for the project.
3. Accepted the bid and award the construction contract to the lowest responsive and responsible bidder, American Pavement Systems, Inc., in the amount of $2,790,232, allocate a 5% construction contingency in the amount of $140,000 for a total construction contract amount of $2,930,232, and authorize the City Manager or designee to execute the contract.
2.B.1.a
Packet Pg. 37
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
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 Authorize the City Manag er to Utilize the HGACBuy Contract with Golden State Fire Apparatus to Purchase Two Type I Fire Engines and One Aerial Ladder Truck; Approve the Advance and Appropriation of Funds
On a motion by Councilmember Cox, seconded by Councilmember Shao, the City Council:
1. Authorized the City Manager or designee to issue a purchase order to Golden State Fire Apparatus for two Pierce Type I Fire Engines and one Aerial Ladder Truck, in a total amount not to exceed $4,092,223, using the terms of the HGACBuy contract.
2. Authorized the advance of $1,923,353 from the General Fund to the Fire Capital Replacement Fund (Fund 615), with the specification that the advance will be repaid at the beginning of FY 2022/23 from the General Fund allocation to the Fire Capital Replacement Fund.
3. Appropriated $1,923,353 in the Fire Capital Replacement Fund to purchase two Type I Fire Engines.
4. Appropriated $2,168,870 in the Fire Facilities Impact Fee Fund (Fund 544) to purchase one Aerial Ladder Truck.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Arbor Day April 23, 2022
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.
The following persons commented: Lisa Danz, Marie Hughes (Member of Fremont for Everyone Leadership Team), Gopalakrishnan Padma, Iris Nicholson, John Hinds, Blair Beekman, Marilyn Singer (Member of Niles Discovery Church), Steve Skala, Saloni Patel (Irvington High School student), and Manjunath Shankar.
2.B.1.a
Packet Pg. 38
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration to Introduce and Waive First Reading of an Ordinance Adopting Chapter 8.80 Military Equipment Use and Approving a Military Equipment Use Policy
Police Chief Sean Washington provided a presentation and responded to questions from Councilmembers. Mayor Mei opened the public hearing. The following persons commented:
Chris, Blair Beekman, Kelly Abreu, Marie Hughes, John Hinds, and Katherine (FFE). There being no additional speakers, Mayor Mei closed the public hearing. This was followed by comments from Councilmembers.
On a motion by Councilmember Jones, seconded by Councilmember Shao, the City Council:
1. Waived full reading and in troduced an ordinance adding Chapter 8.80 (Military Equipment Use) to the Fremont Municipal Code (Title 8 - Health and Safety);
2. Found that the equipment liste d in the attached the Military Equipment Use Policy and Exhibit 1, to the staff report, is necessary because there are no reasonable alternatives that can achieve the same objective of officer and civilian safety and that the attached Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties; and.
3. Approved the Military Equipment Use Policy.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Kassan, Shao, and Cox
Noes: None
Absent: None
Abstain: None
6. REPORT FROM CITY ATTORNEY – None.
7. OTHER BUSINESS
A. Mayor Mei opened considera tion of Approval of Direction for Street Design Elements Along Paseo Padre Parkway between Driscoll Road and Washington Boulevard as Part of the Paseo Padre Parkway Complete Streets Project
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.
Public Works Director Hans Larsen gave a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following persons commented: Ray Storms, Gopalakrishnan Padma, Norman Hughes (former Fremont Public Works Director), Purushotham Peddireddy, [email protected], Ayush Sridhar, Huifen Zhang, Nolan Hughes, Sridhar, Sharon Ventura, Sushil Shukla, John Hinds, Frank Ponciano, Dave Campbell (Advocacy Director with 33 cities for Bike East Bay, including
2.B.1.a
Packet Pg. 39
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
Fremont), AJ Iyer, Jason H., Keith, Blair Beekman, Henry Leung (sp?), Pat Wilson, Manjunath Shankar, RK/Ramesh, Dilip Modi, Steve Skala, Manjula Peddireddy, Andreas Kadavanich, Kelly Abreu, Marie Hughes, William Yragui, Flavio Poehlmann (Pedestrian Representative 2 on the Mobility Commission), Janit Sharma, Brian Culp, Satya, Anita Mehta, John Whaley, Wendy, Mohit, Sharad Ramachandran, Chung, and Amit Wasson. There were no 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 Vice Mayor Salwan, seconded by Councilmember Jones, the City Council approved direction for street design elements along Paseo Padre Parkway between Driscoll Road and Washington Boulevard as part of the Paseo Padre Parkway Complete Streets Project that includes: A new traffic signal at Covington Drive; pedestrian flashing beacons at Dorne Place and at Mento Drive, and a HAWK signal at Olive Avenue (or signal); traffic signal modernization at Paseo Padre/Driscoll and Paseo Padre/Washington; and reducing the width of vehicular lanes and widen bike lanes.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: Councilmember Kassan (Supported Option 1, the
recommendation b
y City staff)
Absent: None
Abstain: None
8. COUNCIL COMMUNICATIONS
A. Council Referrals
1. Mayor Mei opened consideration of Councilmember Kassan Refe rral: Regarding Input from Commissions for Major Road Projects
Mayor Mei opened the public comment period. The following persons commented: Andreas Kadavanich, Gopalakrishnan Padma, Flavio Poehlmann (Pedestrian Representative 2 on the Mobility Commission), Purushotham Peddireddy, and Manjunath Shankar. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by questions and comments from Councilmembers.
On a motion by Councilmember Kassan, seconded by Mayor Mei, the City Council directed staff to review and provide input regarding engaging the Mobility Commission and Senior Commission in providing input into major transportation road projects and providing the Council with straw poll results and meeting minutes of Commission inputs on such projects.
Ayes: Ma yor Mei, Councilmembers: Keng, Jones, and Kassan, Noes: Vice Mayor Salwan, C ouncilmembers: Shao and Cox
(Supported including all commissions)
Absent: None
Abstain: None
2.B.1.a
Packet Pg. 40
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19)
*Consent Items
B. Oral Reports on Meetings and Events
Councilmembers reported on their various meetings and activiti es – None.
9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 11:50 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
2.B.1.a
Packet Pg. 41
Attachment: Draft Minutes (4592 : Approval of Minutes - 2022-03-08 - 2022-04-19) Fremont City Council Meeting: 05/03/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4604) DOC ID: 4604
Updated: 4/27/2022 3:56 PM by Rafael Alvarado Page 1
SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT ADDING FREMONT MUNICIPAL CODE TITLE 8 HEALTH AND SAFETY, CHAPTER 8.80 MILITARY EQUIPMENT USE
Contact Persons:
Name: Susan Gauthier Matthew Snelson
Title: City Clerk Police Captain
Div/Dept: City Clerk's Office Police Department
Phone: 510-284-4076 510-790-6874
E-Mail: [email protected] [email protected]
Executive Summary: Assembly Bill (AB) 481 requires the Fremont Police Department (FPD) to seek City Council approval by ordinance prior to funding, acquiring, or using equipment defined by the law as “military equipment.” This report recommends the adoption of an ordinance endorsing FPD’s continuing utilization of this equipment and a policy authorizing the FPD to continue to use certain equipment.
The ordinance was introduced by the City Council at its April 19, 2022 meeting. The ordinance is now before the Council for adoption.
ATTACHMENTS:
• Draft Ordinance
• Exhibit 1 for AB481 Policy
• FINAL DRAFT Military_Equipment
RECOMMENDATION: Adopt ordinance.
2.C
Packet Pg. 42
Ordinance No. XX- 2022 Page 1 of 7
DRAFT
ORDINANCE NO. XX-2022
AN ORDINANCE OF THE CITY OF FREMONT ADDING FREMONT
MUNICIPAL CODE TITLE 8 HEALTH AND SAFETY, CHAPTER 8.80
MILITARY EQUIPMENT USE
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill (AB) 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, AB 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and
WHEREAS, the term “military equipment” is defined in California Government Code section 7070 and includes items used as a component of overall best practices for law enforcement agencies throughout the country; and
WHEREAS, these tools have been tested in the field and are used by law enforcement agencies to enhance citizen safety, officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the Fremont Police Department; and WHEREAS, the term “military equipment”, as used in Government Code section 7070, does not necessarily indicate equipment that has been used by the military and the definition includes, but is not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs; and
WHEREAS, AB 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the City of Fremont Police Department is in possession of equipment that qualifies as “military equipment” under AB 481, but does not currently receive or utilize surplus military equipment, does not possess any equipment that it has obtained from the military, does not possess any equipment that was designed for military use, nor does it participate in the Law Enforcement Support Officer (LESO) 10-33 program; and
WHEREAS, the City Council of the City of Fremont, having received the information required under AB 481 regarding the Fremont Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve a Military Equipment Use Policy.
2.C.a
Packet Pg. 43
Attachment: Draft Ordinance (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY) Ordinance No. XX- 2022 Page 2 of 7
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FMC CHAPTER 8.80 ADDED
Chapter 8.80 (Military Equipment Use) of Fremont Municipal Code Title 8 (Health and Safety), is added to read as follows:
Section 8.80.010 Title.
This Ordinance shall be known as the Military Equipment Use Ordinance.
Section 8.80.020 Definitions
(a) "Exigent Circumstances" means the good faith belief of the Police Chief or their designee that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.
(b) “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Fremont Police Department.
(c) “Military Equipment” as defined by Gov. Code §7070.
(d) “Military Equipment Use Policy” means a publicly released, written document that includes, at a minimum, all of the following:
(1) A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
(2) The purposes and authorized uses for which the Police Department proposes to use each type of Military Equipment.
(3) The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the Police Department is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
(6) The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
2.C.a
Packet Pg. 44
Attachment: Draft Ordinance (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY) Ordinance No. XX- 2022 Page 3 of 7
(7) The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the Police Department will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) "Type" means each item that shares the same manufacturer model number.
Section 8.80.030 Military Equipment Use Policy Requirement (a) The Fremont Police Department shall obtain City Council approval of a Military Equipment Use Policy in accordance with Government Code Section 7071 at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Government Code Section 54950 et. seq.) prior to engaging in any of the following:
(1) Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(3) Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
(4) Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Fremont. (5) Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the City of Fremont City Council pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.
(7) Acquiring Military Equipment through any means not provided by this section.
(b) In seeking the approval of City Council, the Fremont Police Department shall submit a proposed Military Equipment Use Policy to the City Council and make those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.
(c) The City Council shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:
(1) The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2.C.a
Packet Pg. 45
Attachment: Draft Ordinance (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY) Ordinance No. XX- 2022 Page 4 of 7
(2) The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(3) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (4) Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(d) In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.
(e) The City Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act, Government Code Section 54950 et. seq.
Section 8.80.040 Use in Exigent Circumstances
(a) Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this chapter.
(b) If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances that has not been approved in the Military Equipment policy as authorized in accordance with this section, it must take all of the following actions:
(1) Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law. (2) If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
(3) Include the Military Equipment in the Police Department’s next annual Military Equipment Report.
Section 8.80.050 Reports on the Use of Military Equipment. (a) The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council annually for as long as the Military Equipment is available for use.
2.C.a
Packet Pg. 46
Attachment: Draft Ordinance (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY) Ordinance No. XX- 2022 Page 5 of 7
(b) The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.
(c) The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:
(1) A summary of how the Military Equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the Military Equipment.
(3) The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response. (4) The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report. (5) The quantity possessed for each type of Military Equipment. (6) If the Police Department intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
(d) Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the Police Department’s funding, acquisition, or use of Military Equipment.
(e) The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this Chapter and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
2.C.a
Packet Pg. 47
Attachment: Draft Ordinance (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY) Ordinance No. XX- 2022 Page 6 of 7
SECTION 2. MILITARY EQUIPMENT USE POLICY
The City Council of the City of Fremont, having received the information required under AB 481 regarding the Fremont Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to, and does hereby, approve the Military Equipment Use Policy attached to the Fremont staff report dated April 19, 2022 and incorporated herein by this reference. The City Council finds that the Military Equipment identified in the policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety, and the policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
SECTION 3. CEQA
The Military Equipment Use Ordinance, an administrative government activity, 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. The Military Equipment Use 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 4. 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 5. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 6. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption a summary of this ordinance once in a newspaper of general circulation printed and published in Alameda County 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 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and 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.
2.C.a
Packet Pg. 48
Attachment: Draft Ordinance (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY) Ordinance No. XX- 2022 Page 7 of 7
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:
_________________________________
City Attorney
2.C.a
Packet Pg. 49
Attachment: Draft Ordinance (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Qualifying Equipment Owned/Utilized by the Fremont Police Department Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code § 7070 (c)(1) Quantity Owned/Sought: 17 Lifespan: 5 years
Equipment Capabilities: Remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR), thermal, and optical zoom lenses.
Manufacture Product Description:
DJI Phantom 4 Pro: The Phantom 4 Pro’s camera shoots 4K/60fps at a bitrate of 100Mbps and stills up to 20-megapixels. The Flight Autonomy system adds dual rear vision sensors and two Time of Flight range imaging cameras for a total of 5 directions of obstacle sensing with a range of up to 30m in all directions. The Lightbridge HD video transmission system offers an extended maximum transmission range of 4.3mi (7km) with the ability to switch between 2.4GHz and 5.8GHz. The aircraft’s Intelligent Flight Battery also have increased capacity by 520mAh to enable an extended flight time of 30 minutes.
DJI Mavic 2 Enterprise: The Mavic 2 Enterprise Dual features a 24mm camera with a 1/2.3" 12MP sensor and FLIR thermal imaging sensor. The cameras can capture up to UHD 4K resolution video at 30 fps, or thermal imaging images and temperature data. The Mavic 2 Enterprise can achieve speeds of up to 44.7 mph, and the four-cell LiPo battery provides up to 31 minutes of flight time. The Mavic 2 Enterprise Dual also supports OcuSync 2.0 video transmission system. Additionally, there are three modular accessories to include a spotlight, speaker, and beacon. The Mavic 2 Enterprise also has omnidirectional obstacle sensing.
DJI Mavic 2 Zoom: The Mavic 2 Zoom features a 24-48mm 2x optical zoom camera with 1/2.3" 12MP sensor and a 4x lossless zoom (including 2x optical zoom). The Mavic 2 Zoom utilizes a low-drag aerodynamic body design for achieving speeds up to 44.7 mph, a four-cell LiPo battery for up to 31 minutes of flight time, and low-noise propellers for filming without being distracting. The Mavic 2 Zoom also supports OcuSync 2.0 video transmission system. Additionally, there are three modular accessories to include a spotlight, speaker, and beacon. The Mavic 2 Enterprise also has omnidirectional obstacle sensing.
DJI Mavic Mini: The Mavic Mini from DJI is a compact drone weighing in at under 9 oz. The Mavic Mini has 3-axis gimbal and sophisticated flight modes that can achieve up to 12MP images, 2.7K Quad HD videos, and complex cinematic shots with access to the DJI Fly app. The Mini drone features up to 30 minutes of flight time on a full battery charge.
DJI Mavic Enterprise 2 Advanced: The Mavic 2 Enterprise Advanced features a 35 mm format camera with a 48 MP visual camera and high resolution 640 x 512 Thermal Resolution. The cameras can capture up to UHD 4K resolution video at 30 fps, or thermal imaging images and temperature data.
The Mavic 2 Enterprise can achieve speeds of up to 44.7 mph, and the four-cell LiPo battery provides up to 31 minutes of flight time. Additionally, there are three modular accessories to include a spotlight, speaker, and beacon. The Mavic 2 Enterprise also has omnidirectional obstacle sensing. 1 2.C.b
Packet Pg. 50
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Purpose/Authorized Uses: Unmanned aerial systems may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.
Fiscal Impacts: Costs associated with replacement/repair of equipment ~ $5,000; the price of the UAV is based upon each specific model. The most expensive UAV is the Matrice with a $5500 price for the UAV and $10000 for the camera attachments. The allotted annual fiscal budget is $50000 which includes software, UAVs, Training budget, and built in overtime budget.
Legal/Procedural Rules Governing Use: The use of the UAV is in accordance with Fremont Police Department Lexipol Policy 614 and Federal Aviation Administration (FAA) Regulations.
Training Required: Basic in-house training course of 16 hours, bi-annual training for 8 hours, mandatory 1 hour of flight time per month to stay current for proficiencies.
Other: UAVs consistently improve and advance from year to year. There may be times when equipment becomes available that are imperative for successfully operating the fleet while old technology becomes obsolete.
2 2.C.b
Packet Pg. 51
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: City of Fremont- Mobile Command Vehicle (MCV) CA Gov’t Code § 7070 (c)(5) Quantity Owned/Sought: 1 Lifespan: ~15 years
Equipment Capabilities: The vehicle provides mobile, remote access to radio, internet planning and operational resources to assist with the command and control of major incidents and other planned operations. The vehicle also has the capability to dispatch officers and firefighters, as well as receive 9-1-1 calls.
Manufacture Product Description: The City of Fremont- Mobile Command Vehicle was built in conjunction with the Fremont Fire and Fremont Police Departments as a unified command vehicle but can also alternate between fire specific and police specific missions. The vehicle was custom built by Pierce Manufacturing in Appleton Wisconsin in 2013. The vehicle has a fire truck chassis.
Purpose/Authorized Uses: The MCV can be deployed for any fire and/or police incidents which it would be deemed beneficial to do so.
Fiscal Impacts: The initial costs of the MCV was approximately $1.2 million which was subsidized by UASI (Urban Areas Security Initiatives)- US Department of Homeland Security grants. The annual upkeep for the vehicle is approximately $5000.
Legal/Procedural Rules Governing Use: Fremont Police Department Lexipol policy 802.8.1 allows the use of the MCV as means of restoring 9-1-1 call processing. A Class B license is required to drive the vehicle.
Training Required: A Class B license is required to drive the vehicle. There are 2 Special Response Team (SRT) members who are assigned to the vehicle during operations to facilitate its operation.
Other: The MCV is not a tactical vehicle but rather a multi-purpose vehicle to help facilitate command and control during field incidents by both the Fremont Fire Department as well as the Fremont Police Department by providing intelligence assets. The vehicle does not have any armor nor is it deployed in such a manner as it to be used in such a way. The vehicle is to be deployed at the periphery of a tactical incident if one such arises.
3 2.C.b
Packet Pg. 52
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: Lenco BearCat G2-CA Gov’t Code § 7070 (c)(3) Quantity Owned/Sought: 1 Lifespan: ~15 years
Equipment Capabilities: The vehicle is equipped with emergency lights/sires, rotating roof hatch, electric winches, running boards, protection against chemical agents, back-up camera, battering ram attachment, CS (tear gas) deployment nozzle, Thermographic cameras, and spot/flood lights. The vehicle is armored with a 0.5 – 1.5” thick steel and ballistic windows rated to stop a 0.50 caliber bullet.
Manufacture Product Description: The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G2 part of their standard operating procedure. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers.
Purpose/Authorized Uses: The Bearcat is primarily used for Special Weapons and Tactics Team (SWAT) incidents, safe transport of SWAT personnel to and from critical incidents, high risk warrant service operations, dangerous high risk tactical operations, high risk rescue operations, training, community engagement efforts and any other applications deemed appropriate and approved by the SWAT Commander, Division Commander or Chief of Police.
Fiscal Impacts: The cost of the Bearcat was approximately $323,726, which was purchased through a UASI (Urban Areas Security Initiative)- US Department of Homeland Security grant.
Legal/Procedural Rules Governing Use: The use of the Lenco bearcat G2 is governed by Fremont Police Department Lexipol Policy 704
Training Required: Officers are to be trained in the operation of the Bearcat and MedEvac prior to use. Training requirements will be set by the SWAT Commander in cooperation with the Emergency Vehicle Operations (EVOC) Training Manager. Training will include knowledge of this policy, rules of the road and basic knowledge of electronic/mechanical functions on the vehicle. The training will also include a driving exercise. SWAT personnel will receive advanced training and are expected to maintain a higher level of operational knowledge and expertise.
Only FPD personnel who have completed training and possess a valid California Driver’s License will be authorized to drive/operate the Bearcat or MedEvac, unless a delayed deployment of an ARV would result in serious bodily injury or death.
The SWAT Commander or his/her designee is responsible for training officers on proper use, driving techniques and ensuring the vehicle is properly serviced and maintained.
Other: The vehicle is designed to meet the tactical needs of law enforcement agencies tasked with responding to acts of violence and/or terrorism. The purpose is to enhance law enforcement’s ability to serve and protect the community.
4 2.C.b
Packet Pg. 53
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: Lenco BearCat/MedEvac- CA Gov’t Code § 7070 (c)(3) Quantity Owned/Sought: 1 Lifespan: 15 years
Equipment Capabilities: The BearCat/MedEvac is also referred to as the MedCat . The vehicle is equipped with two medical litters, oxygen tanks, a lighted work station, and compartments for medical supplies and gear storage. The vehicle has 0.5 to 1.5” steel and bullet resistant windows.
There is also a nozzle with a water connector in case it is needed for fire suppression.
Manufacture Product Description: The Lenco BearCat Medevac, also known as the MedCat, was designed to meet the combined requirements of SWAT & Tactical EMS Teams. This BearCat model can be used as an armored Response & Rescue SWAT truck for dangerous call-outs and is equipped to provide Tactical EMS with a safe & effective environment to deal with trauma cases.
The Law Enforcement variant of the MedCat comes standard with (2) tactical litters secured to extended bench seating. There are on-board Oxygen tanks with a lighted work station, a radio compartment work station and ample interior compartments for medical supplies & gear storage.
Purpose/Authorized Uses: The MedEvac is primarily used by the Tactical Emergency Medicine (TEMS) component of the Special Weapons and Tactics Team (SWAT) to provide emergency medical staff, equipment, and other rescue capabilities during high-risk operations. The MedEvac may also be utilized in a manner consistent with authorized use of the Bearcat. The MedEvac may be used in other situations deemed appropriate and approved by the SWAT Commander, Division Commander or Chief of Police.
The purpose and intent of the acquisition and deployment of this vehicle is to enhance and sustain regional preparedness for first responders in major urban areas by allowing for delivery of emergency medical services into on-going hazardous situations. This will allow law enforcement, fire service staff, and medical personnel the ability to safely enter unsecured and unstable areas (warm or hot zone).
This vehicle will assist with providing immediate medical assistance, enhancing the ability of first responders to rescue persons in need and help protect first responders at the scene of an emergency situation.
Fiscal Impacts: The MedEvac is a Bay Area regional asset and was acquired through a joint cooperative effort between the Fremont Police Department and the San Leandro Police Department with financial assistance from Cal OES Governor’s Office of Emergency Services (Homeland Security Grant Program). The approximate price is $300,000.
Legal/Procedural Rules Governing Use: The use of the MedEvac is governed by Fremont Police Department Lexipol Policy 704.
Training Required: Officers are to be trained in the operation of the Bearcat and MedEvac prior to use. Training requirements will be set by the SWAT Commander in cooperation with the Emergency Vehicle Operations (EVOC) Training Manager. Training will include knowledge of this policy, rules of the road and basic knowledge of electronic/mechanical functions on the vehicle. The training will also include a driving exercise. SWAT personnel will receive advanced training and are expected to maintain a higher level of operational knowledge and expertise. 5 2.C.b
Packet Pg. 54
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Only FPD personnel who have completed training and possess a valid California Driver’s License will be authorized to drive/operate the Bearcat or MedEvac, unless a delayed deployment of an ARV would result in serious bodily injury or death.
The SWAT Commander or his/her designee is responsible for training officers on proper use, driving techniques and ensuring the vehicle is properly serviced and maintained.
Other: The City of Fremont Police Department shares responsibility for the MedEvac with the City of San Leandro Police Department. A Memorandum of Understanding (MOU) has been established between the two agencies. The MOU outlines deployment responsibilities, ongoing maintenance and repair obligations, notification procedures and conflict resolution options. Both agencies jointly and separately agreed to abide by the terms and provisions of the MOU and respective department policies during the existence of the MOU. The MedEvac is by default, housed at the San Leandro Police Department.
6 2.C.b
Packet Pg. 55
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: Ford Transit-350 Crew - CA Gov’t Code § 7070 (c)(5) Quantity Owned/Sought: 1 Lifespan: 5 – 10 years
Equipment Capabilities: The Ford Van has storage space for the Hostage Negotiations Team (HNT) including battery storage and the throw phone. There is a large battery and a power inverter to assist with maintaining electronic equipment pertinent to establishing and maintaining communications with tactical operations and/or tactical negotiations.
Manufacture Product Description: There are no manufacture product description as this was a unique vehicle made specifically for HNT on a Ford Transit 350 chassis.
Purpose/Authorized Uses: The HNT vehicle can be deployed for any or police incidents which it would be deemed beneficial to do so.
Fiscal Impacts: Approximately $50,000
Legal/Procedural Rules Governing Use: The use of the vehicle is reserved for HNT personnel (governed by Fremont Police Department Lexipol Policy 407.8) as well as the department fleet guidelines (Lexipol Policy 705).
Training Required: The training for this vehicle is governed by Lexipol Policy 407.8.2.
Other: Not Applicable
7 2.C.b
Packet Pg. 56
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: Icor Caliber T5 Robot- CA Gov’t Code § 7070 (c)(1) Quantity Owned/Sought: 1 Lifespan: 10 years
Equipment Capabilities: Command and Control Unit (CCU) with multi-function control and variable- speed joystick, Two-way communication (talk/listen), lifts up to 45 lbs (20kg) arm retracted and 18 (8kg) arm extended, 360 degree rotating robotic claw with color charge-coupled device camera on telescoping arm, 36x optical zoom pan-tilt-zoom color camera.
Manufacture Product Description: The Icor Caliber T5 Robot is a medium-sized robot designed for remote handling and Render Safe Procedures of IEDDs and other explosive ordnances, reconnaissance missions, two-way communication and deliver/retrieval tasks.
The T5 is uniquely equipped with two robotic arms (a heavy-duty robotic claw and twin-disruptor turret).
Purpose/Authorized Uses: Used to assist Fremont Police Department SRT Operators with inspecting suspicious packages thus rendering them safe, clearing residences and/or businesses during tactical operations, assisting officers and the community by clearing potentially dangerous building during tactical situations.
Fiscal Impacts: Initial purchase of $67000
Legal/Procedural Rules Governing Use: The use of the robot is governed by Fremont Police Department Lexipol Policy 407.7.2(b).
Training Required: One-day course in Robot Operation and Maintenance as well as access to a virtual training portal.
Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment.
8 2.C.b
Packet Pg. 57
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: Defense Technologies Low Roll 12 gram non reloadable distraction device with safety clip (model: 8902NR)- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 75+ Lifespan: 5 years
Equipment Capabilities: The use of this device is to create a diversion during critical incidents. The device exploded with a loud bang and emits a bright light made to disorient the suspect(s).
Manufacture Product Description: The Tactical Diversionary Device utilizes a M201A1 type fuse with a single use aluminum body. This compact unit is designed around a 6.5-gram water resistant charge, capable of producing an effective, yet reduced 162dB stimuli. Its size and shape are industry familiar and allow it to fit in standard tactical pouches. The device should only be deployed in areas that have been visually observed to be clear of potential hazards. It is recommended that the immediate area for deployment be visually affirmed to be clear of personnel and that the device is delivered so that the ports are free from obstruction. If the bottom ports are obstructed by an object or wall, the device body may move. The cleared area for deployment should be 5 - 6 feet around which the device is expected to come to rest.
Purpose/Authorized Uses: Used during critical incidents as a diversionary device to disorient suspects.
Fiscal Impacts: $51 each
Legal/Procedural Rules Governing Use: The use of flashbangs is governed by Fremont Police Department Lexipol Policy 407.7.2(b).
Training Required: specialized training as deemed by the SRT Commander Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment.
9 2.C.b
Packet Pg. 58
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: Deftech LMT 40 mm kinetic energy projectiles with 40mm projectiles- CA Gov’t Code § 7070 (c)(14)
Quantity Owned/Sought: 110 Lifespan: 10 years
Equipment Capabilities: This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.
Department approved kinetic energy projectiles are fired from 40 mm launchers.
Manufacture Product Description: The 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.
Purpose/Authorized Uses: A sworn peace officer may utilize the Kinetic Energy Projectile in the discharge of his/her duties when other options have been exhausted, are ineffective, or are inappropriate during attempts to control or subdue combative or violent individuals and the use of deadly force can be forestalled.
The Kinetic Energy Projectile shall be used with discretion and care in circumstances which permit the lawful use of lethal or less lethal force.
Fiscal Impacts: $809.75 per 40mm launcher and $18.35 per 40mm projectile Legal/Procedural Rules Governing Use: The use of 40mm kinetic energy projectile is governed by Fremont Police Department Lexipol Policy 305.9.
Training Required: The Training Sergeant shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary.
Proficiency training shall be monitored and documented by a certified, control-device weapons instructor.
All training and proficiency for control devices will be documented in the officer's training file.
Other: The SWAT Unit vehicles, each patrol supervisor's vehicle, and most patrol vehicles are equipped with a launcher for delivery of the Kinetic Energy Projectile. The Kinetic Energy Projectile will only be used by a supervisor or officer who has been trained in the use of the appropriate delivery system.
10 2.C.b
Packet Pg. 59
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: Tippmann FTC Pepper ball launchers- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 14 Lifespan: 10 years
Equipment Capabilities: The pepper ball launcher is semi-automatic, firing rate of 10-12 RPS, 13 Cubic inch high pressure air system using CO2. The launcher deploys a hard-plastic frangible sphere that is designed to burst upon impact.
Manufacture Product Description: FTC is a high-capacity, semi-automatic launcher that is perfect for crowd management and mobile field force operations. Reliable and accurate, it features a hopper that can hold up to 180 rounds and a flexible air source configuration.
Purpose/Authorized Uses: Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine or groin. Therefore, personnel using a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.
The effective operational distance for departmentally-approved pepper projectiles is from 5 feet to 120 feet. In an effort to lower the probability of serious bodily injury or death to the suspect, any discharge of less than 10 feet should be intentionally aimed at the arms or legs only.
Fiscal Impacts: $394.44 per launcher
Legal/Procedural Rules Governing Use: The use of the pepper ball launcher is governed by Fremont Police Department Lexipol Policy 305.7.2.
Training Required: The training for the use of the pepper ball launcher is governed by Fremont Police Department Lexipol Policy 305.10 which states: The Training Sergeant shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. a. Proficiency training shall be monitored and documented by a certified, control-device weapons instructor.
b. All training and proficiency for control devices will be documented in the officer's training file. c. Officers who fail to demonstrate proficiency with the control device or knowledge of this agency's Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency's Use of Force Policy after remedial training, the officer will be restricted from carrying the control device.
Other: Not Applicable
11 2.C.b
Packet Pg. 60
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: Remington Breaching Shotgun (Model 870, 12 Gauge)- - CA Gov’t Code § 7070 (c)(8)
Quantity Owned/Sought: 25 Lifespan: 15-20 years
Equipment Capabilities: To quickly force entry through locked and/or barricaded doors, the Department authorizes the use of the breaching shotgun. The use of the breaching shotgun allows officers to defeat doors that mechanical breaching tools would normally be unable to open. The primary function of the breaching shotgun is for forcing entry. Although the breaching shotgun is a firearm, it has been modified for breaching purposes. Additionally, the selected ammunition is frangible and designed to defeat door locks and hinges.
Manufacture Product Description: From Remington Arms: Starting with a receiver machined from an 81/2-pound billet of steel might not be the easiest way to build a shotgun, but the end result is well worth the extra effort. No other pump shotgun can match the Model 870's strength and smooth, effortless operation.
Its legendary reliability is the heart of its popularity, as evidenced by the more than 13 million outdoorsmen, law enforcement officers, competitive shooters and home defenders who have chosen the never-say-die pump gun since its introduction in 1950. That same reliability has made the Model 870 one of the most adaptable shotgun designs ever, and the best-selling shotgun of all time.
Purpose/Authorized Uses: When a decision has been made to conduct an emergency entry, the breaching shotgun may only be used when it appears reasonably necessary to prevent death or great bodily injury. Officers are also required to obtain the approval of a supervisor unless the circumstances make it impractical to obtain authorization and/or delayed response would jeopardize the safety of citizens, officers or suspect(s).
Fiscal Impacts: $500 each
Legal/Procedural Rules Governing Use: The use of the breaching shotgun is governed by Fremont Police Department Lexipol Policy 301.
Training Required: The training for the use of the breaching shotgun is governed by Fremont Police Department Lexipol Policy 301.2.2 which states: Only officers trained and having shown adequate proficiency in the use of the breaching shotgun and the Use of Force policy are authorized to carry the device. Training for the breaching shotgun shall occur annually. All training and proficiency for the breaching shotgun will be documented in the officer's training record. Officers failing to demonstrate proficiency with the weapon or knowledge of the Use of Force policy will be provided remedial training.
Other: Breaching shotguns will be stored in the locked trunks or locked storage cabinets of all patrol supervisor and School Resource Officer vehicles. They may be stored in the same case as the less- lethal weapons; however, the breaching shotgun shall be placed under the less-lethal weapons and be separated by a partition which must be specifically removed in order to retrieve the breaching shotgun.
12 2.C.b
Packet Pg. 61
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: Sig Sauer MCX Virtus multi-caliber 223/556/300 black-out Rifle and Ammunition- CA Gov’t Code § 7070 (c)(10)
Quantity Owned/Sought: 11 Lifespan: 10 years
Equipment Capabilities: The Sig Sauer MCX Virtus Rifle is a semi-automatic rifle and has an interchangeable caliber assembly allowing it to fire 223/556/300 blackout caliber projectiles.
Manufacture Product Description: The SIG MCX is a magazine fed, gas operated rifle available in
5.56x45mm NATO, and 7.62x35mm (.300 AAC Blackout), and 7.62 x 39mm calibers. The SIG MCX fires from a rotating locking closed bolt.
Purpose/Authorized Uses: Officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:
a. Situations where the officer reasonably anticipates an armed encounter. b. When an officer is faced with a situation that may require the delivery of accurate and effective shot placement at long range.
c. Situations where an officer reasonably expects the need to meet or exceed a suspect's weaponry.
d. When an officer reasonably believes that there may be a need to deliver accurate shot placement on a barricaded suspect or a suspect with a hostage. e. When an officer reasonably believes that a suspect may be wearing body armor. f. When authorized or requested by a supervisor.
g. When needed to euthanize an animal.
Fiscal Impacts: $1720 per rifle
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Fremont Police Department Policies on Use of Force and Firearms.
Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.
Other: These specific rifles are assigned to Fremont Police Department Detectives 13 2.C.b
Packet Pg. 62
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: Sig Sauer MCX multi-caliber modular rifle, 300 BLK 5.75" duty barrel, a 5.56 caliber 11" barrel, with an optional Sig Sauer 7.62 titanium suppressor and "safe/semi" selector switch- CA Gov’t Code § 7070 (c)(10)
Quantity Owned/Sought: 27 Lifespan: 10 years
Equipment Capabilities: The Sig Sauer MCX Sig Sauer MCX multi-caliber modular rifle, 300 BLK 5.75" duty barrel, a 5.56 caliber 11" barrel, with an optional Sig Sauer 7.62 titanium suppressor and "safe/semi" selector switch rifle and has an interchangeable caliber assembly allowing it to fire 223/556/300 blackout caliber projectiles.
Manufacture Product Description: The SIG MCX is a magazine fed, gas operated rifle available in
5.56x45mm NATO, and 7.62x35mm (.300 AAC Blackout), and 7.62 x 39mm calibers. The SIG MCX fires from a rotating locking closed bolt.
Purpose/Authorized Uses: Officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:
a. Situations where the officer reasonably anticipates an armed encounter. b. When an officer is faced with a situation that may require the delivery of accurate and effective shot placement at long range.
c. Situations where an officer reasonably expects the need to meet or exceed a suspect's weaponry.
d. When an officer reasonably believes that there may be a need to deliver accurate shot placement on a barricaded suspect or a suspect with a hostage. e. When an officer reasonably believes that a suspect may be wearing body armor. f. When authorized or requested by a supervisor.
g. When needed to euthanize an animal.
Fiscal Impacts: $1720 per rifle
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Fremont Police Department Policies on Use of Force and Firearms.
Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.
Other: These specific rifles are assigned to Fremont Police Department- Special Response Team. 14 2.C.b
Packet Pg. 63
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: Rock River Arms, LAR-15- CA Gov’t Code § 7070 (c)(10) Quantity Owned/Sought: 11 Lifespan: 10 years
Equipment Capabilities: The Rock River Arms, LAR-15 , is a .223 caliber, 10.5" barrel rifle with a "safe/semi" selector switch.
Manufacture Product Description: The Rock River Rams is a magazine fed, gas operated rifle available in .223 Caliber.
Purpose/Authorized Uses: Officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:
a. Situations where the officer reasonably anticipates an armed encounter. b. When an officer is faced with a situation that may require the delivery of accurate and effective shot placement at long range.
c. Situations where an officer reasonably expects the need to meet or exceed a suspect's weaponry.
d. When an officer reasonably believes that there may be a need to deliver accurate shot placement on a barricaded suspect or a suspect with a hostage. e. When an officer reasonably believes that a suspect may be wearing body armor. f. When authorized or requested by a supervisor.
g. When needed to euthanize an animal.
Fiscal Impacts: $1720 per rifle
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Fremont Police Department Policies on Use of Force and Firearms.
Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.
Other: These specific rifles are assigned to Fremont Police Department- Detectives. 15 2.C.b
Packet Pg. 64
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: PepperBall VKS launcher- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 6 Lifespan: 10 years
Equipment Capabilities: The VKS Pepper Ball launder is semi-automatic and has 10-15 pepper balls at a time in one magazine. Utilizing a Variable Kinetic System (VKS) and compressed air, it can launch non-lethal Pepper Ball projectiles up to 66 feet with regular rounds and up to 150 feet away with the VXR long distance projectiles. Upon impact the exploding ball release a 12-foot cloud of pepper spray irritant.
Manufacture Product Description: The VKS™ Launcher is strongest non-lethal consumer device available from PepperBall. It requires no license to own and shoots powerful pepper irritant projectiles. With the same look, feel and fire control system as an AR-15/M-4 carbine, when used with VXR projectiles (not included) it has an effective accurate distance of up to 150 feet.
Purpose/Authorized Uses: Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine, or groin. Therefore, personnel using a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.
Fiscal Impacts: $1299.00 per unit
Legal/Procedural Rules Governing Use: The use of the pepper ball launcher is governed by Fremont Police Department Lexipol Policy 305.7.2.
Training Required: The training for the use of the pepper ball launcher is governed by Fremont Police Department Lexipol Policy 305.10 which states: The Training Sergeant shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. a. Proficiency training shall be monitored and documented by a certified, control-device weapons instructor.
b. All training and proficiency for control devices will be documented in the officer's training file. c. Officers who fail to demonstrate proficiency with the control device or knowledge of this agency's Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency's Use of Force Policy after remedial training, the officer will be restricted from carrying the control device.
Other: Not Applicable
16 2.C.b
Packet Pg. 65
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: Defense Technologies CS Gas systems- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought:
Pocket Tactical CS (part #1016)- 23
Spede Heat CS (part #1072)- 20
40mm Ferret Round CS (part #2262)- 50
Tri-chamber flameless CS (part #1032)- 20
Triple Chaser CS (part #1026)- 44
Han-ball CS (part #1092)- 8
75 yard 40mm Spede heat (part #6282)- 4
Lifespan: 10 years
Equipment Capabilities: The use of OC/CS gas causes mucous membranes and exposed skin to become inflamed resulting in a burning sensation. It provides a temporary respiratory effect and induces discomfort on exposed skin.
Manufacture Product Description:
The Pocket Tactical CS Grenade: small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches.
This is a launchable grenade; however it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical grenade.
The Spede-Heat™ CS Grenade: a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately
2.9 oz. of active agent.
The Ferret® 40mm Round: non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood.
Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.
In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects.
Tri-Chamber Flameless CS Grenade: allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or 17 2.C.b
Packet Pg. 66
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure.
The Triple-Chaser® CS: consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.
The Han-Ball™ CS Grenade: an outdoor use grenade expelling its payload in approximately 15-20 seconds. The rubber ball round has an over all size of 4.8 in. tall, including the fuze head, and 3.1 in. diameter. This launchable grenade holds approximately 1.6 oz. of active agent which is expelled through three ports around the equator of the ball. Due the intense heat generated by this grenade, it should not be used inside a building or near flammable material.
The Spede-Heat™ 40mm Short Range CS Round: incorporates an aluminum shell and utilizes black powder as the propellant. The Spede-Heat™ 40mm Short Range Round is designed to deliver one dual-ported chemical canister from a 40mm launcher 75 yards to the intended target zone.
The Spede-Heat™ 40mm Short Range CS Round is most widely used as a crowd management tool by Law Enforcement and Corrections for the rapid deployment of chemical agent from a 40mm launcher.
Purpose/Authorized Uses: Utilized during confrontations with violent or potentially violent suspects as a less lethal option to assist with the dispersal of violent crowds and/or arrest of suspects.
Fiscal Impacts: approximately $7500
Legal/Procedural Rules Governing Use: The use of this equipment is governed by Fremont Police Department Lexipol Policy 407.7.2(b).
Training Required: specialized training as deemed by the SRT Commander Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment.
18 2.C.b
Packet Pg. 67
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY)
Equipment Name: Defense Technologies flashbang systems- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought:
100 Meter 40mm Aerial Flashbang- 24
75 Meter 40mm Aerial Flashbang- 6
Lifespan: 10 years
Equipment Capabilities: The use of this device is to create a diversion during critical incidents. The device exploded with a loud bang and emits a bright light made to disorient the suspect(s). These particular variants can be deployed from a 40mm launcher.
Manufacture Product Description: The 40 mm Warning/Signaling Muniton will produce 170 dB of sound and 5 million candelas of light. This munition has an operational range of 100 and 75 meters.
Launched from a 40 mm platform, this munition gives the operator the ability to engage people, vehicles or vessels from a safe stand-off position. In open waters, the flash and sound are easily observable at great distances.
Purpose/Authorized Uses: Used during critical incidents as a diversionary device to disorient and illuminate suspects.
Fiscal Impacts: approximately $700
Legal/Procedural Rules Governing Use: The use of flashbangs is governed by Fremont Police Department Lexipol Policy 407.7.2(b).
Training Required: specialized training as deemed by the SRT Commander Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment.
19 2.C.b
Packet Pg. 68
Attachment: Exhibit 1 for AB481 Policy (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY) Policy
708
Fremont Police Department
Fremont PD CA Policy Manual
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.
Published with permission by Fremont Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment, (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Exigent Circumstances - a good faith belief by the Police Chief or designee that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.
Military Equipment – a variety of items defined by California Government Code section 7070(c).
Type – each item that shares the same manufacturer model number. 708.2 POLICY
It is the policy of the Fremont Police Department to acquire and use equipment designed to enhance law enforcement's ability to ensure public safety and welfare. It is the policy of the Fremont Police Department that members of this department comply with the provisions of Government Code § 7071 and Fremont Municipal Code Chapter 8.80 with respect to military equipment. California Government Code § 7070 provides a list of equipment types that are considered to be "military equipment" for purposes of this policy requirement, and this Military Equipment Policy includes information for any such equipment types that are utilized by the Fremont Police Department.
Items deemed to be "military equipment" by Government Code § 7070 are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen safety, officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the Fremont Police Department. The term "military equipment", as used in Government Code § 7070, in fact does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be "military equipment" include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper- ball launchers, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and distraction devices.
The Fremont Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The Fremont Police Department does not participate in the Law Enforcement Support Officer (LESO) 10-33 program. The department does not currently receive or utilize surplus military equipment from
2.C.c
Packet Pg. 69
Attachment: FINAL DRAFT Military_Equipment (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.
Published with permission by Fremont Police Department ***DRAFT*** Military Equipment - 2 the Federal government. It is the policy of the Fremont Police Department to acquire and use equipment designed to enhance law enforcement's ability to ensure public safety and welfare. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying currently utilized department equipment that qualifies as military equipment, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory or audit of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Fremont Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
(a) Publicizing the agenda of the meeting.
(b) Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
(h) Ensuring this policy is publicly available on the Department's website. 708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment that is utilized bythe Department:
• Unmanned Aircraft Systems (UAS/Drones)
• City of Fremont Mobile Command Vehicle (MCV)
• Lenco BearCat G2
• Lenco BearCat/MedEvac
• Ford Transit – 350 Crew
• Icor Caliber T5 Robot
• Defense Technologies Low Roll 12 gram non reloadable distraction device with safety clip
2.C.c
Packet Pg. 70
Attachment: FINAL DRAFT Military_Equipment (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.
Published with permission by Fremont Police Department ***DRAFT*** Military Equipment - 3 • Deftech LMT 40 mm kinetic energy projectiles with 40 mm projectiles • Tippmann FTC Pepper-ball launchers
• Remington Breaching Shotgun (Model 870, 12 Gauge)
• Sig Sauer MCX Virtus multi-caliber 223/556/300 black-out rifle and ammunition • Sig Sauer MCX multi-caliber modular rifle, 300 BLK 5.75" duty barrel, a 5/56 caliber 11" barrel,
• Rock River Arms, LAR -15
• Pepper-ball VKS Launcher
• Defense Technologies CS Gas systems
• Defense Technologies flashbang systems
Exhibit 1 to this policy further describes the qualifying equipment that is utilized by the Fremont Police Department, along with additional information about the qualifying equipment. 708.5 APPROVAL
The City Council has approval by way of an ordinance adopting this policy. As part of the approval process, the Chief of Police submitted this policy to the City Council and made this policy available on the department website at least 30 days prior to the public meeting by the City Council concerning the military equipment at issue (Government Code § 7071). The military equipment policy was approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a; (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers;
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing;
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department; (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council;
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment; and
(g) Acquiring military equipment through any means not provided above.
In approving this policy, the City Council determined the following:
(a) The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2.C.c
Packet Pg. 71
Attachment: FINAL DRAFT Military_Equipment (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.
Published with permission by Fremont Police Department ***DRAFT*** Military Equipment - 4 (b) The Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
708.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy and FMC Chapter 8.80.
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with the policy and FMC Chapter 8.80. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment policies when rendering assistance.
708.7 TRAINING
An officer or employee must complete training requirements set by the department prior to deploying or using military equipment listed in this policy and Exhibit 1 to this policy. 708.8 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or designee, the department may acquire, borrow and/or use military equipment that is not included in the military equipment inventory section of this policy.
In accordance with this section, if the department acquires, borrows, and/or uses military equipment in exigent circumstances, it must take all of the following actions. • Provide written notice of the acquisition or use to the City Council within 30 days following commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. • If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended military equipment policy to the City Council within 90 days following the borrowing, acquisition and / or use, and receive approval for continued use.
• Include the equipment in the department's next annual military equipment report. 708.9 ANNUAL REPORT
The Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved annually for as long as the military equipment is available for use (Government Code § 7072).The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
2.C.c
Packet Pg. 72
Attachment: FINAL DRAFT Military_Equipment (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.
Published with permission by Fremont Police Department ***DRAFT*** Military Equipment - 5
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in thecalendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Fremont City Council will use the Annual Report as a mechanism to ensure the Fremont Police Department's compliance with this Military Equipment Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Policy for the subsequent year.
The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.10 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
708.11 PUBLIC COMPLAINTS
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this policy by any of the following means:
(a) Via email to: [email protected]
(b) Via phone call to: 510-790-6900
(c) Via mail sent to: Fremont Police Department, 2000 Stevenson Blvd, Fremont, CA 94538
The Fremont Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.
2.C.c
Packet Pg. 73
Attachment: FINAL DRAFT Military_Equipment (4604 : Second Reading and Adoption of an Ordinance-MILITARY EQUIPMENT USE POLICY) Fremont City Council Meeting: 05/03/22 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 # 4577) DOC ID: 4577
Updated: 4/29/2022 8:27 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: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Div/Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 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
2.D
Packet Pg. 74
Staff Report (ID # 4577) Meeting of May 3, 2022
Updated: 4/29/2022 8:27 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 May 17, 2022.
2.D
Packet Pg. 75
Fremont City Council Meeting: 05/03/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Elections
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4504) DOC ID: 4504
Updated: 4/27/2022 3:35 PM by Alberto Quintanilla Page 1 CALLING OF ELECTION 2022 - Adopt a Resolution Calling and Consolidating the 2022 November Election
Contact Persons:
Name: Susan Gauthier Christina Briggs
Title: City Clerk Assistant City Manager
Div/Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-284-4022
E-Mail: [email protected] [email protected]
Executive Summary: The City of Fremont holds its general municipal election on the same day as the statewide general election, which is the first Tuesday after the first Monday in November of each even-numbered year. This year the election will be held on November 8, 2022. District No. 2 (four-year term), District No. 3 (four-year term), and District No. 4 (four-year term) Council seats will be placed on the ballot. City staff recommends that the City Council adopt a resolution to call and consolidate the election with the County of Alameda.
BACKGROUND: State Election law provides that the governing body of a City may, by resolution, request the Board of Supervisors of the County to permit the County elections official (the Registrar of Voters) to render specified services to the City relating to the conduct of an election. The City of Fremont consolidates its election with the Alameda County statewide election, and the Alameda County Registrar of Voters will be asked to conduct the election on behalf of the City of Fremont.
DISCUSSION/ANALYSIS: Staff is requesting City Council consideration of a resolution for the administration of the General Municipal Consolidated Election. Once adopted, the resolution will be forwarded to the Clerk of the Board of Supervisors for the Board’s approval, with a copy to the Registrar of Voters. The elements of the resolution include the following:
The official calling of the election
The California Elections Code provides that the Council shall call and order a General Municipal Election, here for the purpose of electing a District No. 2 Councilmember, a District No. 3 Councilmember, and a District No. 4 Councilmember of the City Council for the full term of four years.
Requesting the services of the Alameda County Board of Supervisors and Registrar of Voters to conduct the election on behalf of the City of Fremont The Elections Code provides that the City Council may, by resolution, request that the Board of Supervisors of the County permit the county elections official to render specified services to the City for the conduct of an election, and that the City will reimburse the County for services performed.
Establishing the procedures in the event of a tie vote for the elected office positions
2.E
Packet Pg. 76
Staff Report (ID # 4504) Meeting of May 3, 2022
Updated: 4/27/2022 3:35 PM by Alberto Quintanilla Page 2 The Elections Code provides that a special runoff election may be held for resolving a tie vote, provided that the City Council adopts the provisions for a special runoff election prior to the conduct of the election resulting in the tie vote. The Council has historically adopted this option in the event of a tie vote, and staff is recommending this provision. In lieu of this option, the only other provision for resolving a tie is for the Secretary of State to determine the winner by lot.
Determining the number of words permitted for the candidate statement The Elections Code provides that the City Council adopt regulations pertaining to the statement prepared by any candidate for the municipal election and to provide the estimate of the costs of such statement. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words or 400 words about the candidate’s education and qualifications as expressed by the candidate. A 200-word statement will be a one-half sheet in the voter sample ballot. Historically, the City of Fremont has selected the 200-word limit for a candidate statement, and staff recommends this word limit for this election. The candidate is required to pay for the costs of printing, translating and mailing the candidate statement and is required to make a deposit at the time his/her nomination papers are filed. Staff is recommending a deposit in the amount of $3,000 to cover estimated costs related to 200-word candidate statements for the November 8, 2022 election. The candidate shall be refunded any overage or billed for any additional costs within 30 days of the actual accounting of said costs by the Alameda County Registrar of Voters. If the Council decides to approve an increase to a 400-word count statement, that would increase the cost to the candidate.
Determining whether rebuttal arguments to the Argument in Favor and the Argument in Opposition, which appear in the Voters Sample Ballot, will be permitted for each ballot measure
For each ballot measure question, the Elections Code provides the opportunity for arguments in favor and arguments in opposition to be included as a part of the Sample Ballot. The argument statements may not exceed 300 words. In addition, the Elections Code authorizes the City Council to decide whether to allow rebuttal statements to the arguments in favor and the arguments in opposition. The rebuttals may not exceed 250 words, and the filing deadline is ten days after the filing of the arguments. The City Council has historically permitted rebuttals to the arguments, and staff recommends that the City Council permit rebuttals to the arguments for any November 8, 2022 election ballot measure.
FISCAL IMPACT: The FY 2022/23 Proposed Operating Budget will include an appropriation of $720,000 to cover costs associated with this election. The Registrar’s preliminary estimate for election services is between $4.00 and $6.00 per registered voter for a Countywide Consolidated Election. Fremont’s current registered voter population is 117,106 and that number will fluctuate before it is certified for the November election. Costs fluctuate based on the number of jurisdictions that share the ballot with the City of Fremont. At the time of writing this staff report, the Alameda County Registrar of Voters is unable to ascertain how many jurisdictions will share in the cost of the November 8, 2022 ballot, which is the reason for the high preliminary cost estimate. This estimate does not include additional costs associated with any ballot measures.
ATTACHMENTS:
• Draft Resolution
2.E
Packet Pg. 77
Staff Report (ID # 4504) Meeting of May 3, 2022
Updated: 4/27/2022 3:35 PM by Alberto Quintanilla Page 3
RECOMMENDATION: Adopt a resolution that:
1. Calls for the General Municipal Election.
2. Requests the services of the Alameda County Registrar of Voters to conduct the election on behalf of the City of Fremont.
3. Calls for a Special Election to be conducted in the case of a tie vote for the elected officers as a result of the November 8, 2022 election.
4. Limits the candidate statement to be published in the Voter Sample Ballot to a maximum of two hundred (200) words, and requires a candidate to make a deposit of $3,000 to pay for costs at the time his/her nomination papers are filed.
5. Allows for rebuttals for the arguments in favor and the arguments in opposition for each ballot measure.
2.E
Packet Pg. 78
DRAFT
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT CALLING AND GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS;
REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS
TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 8, 20 22, WITH THE GENERAL
ELECTION TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS
CODE SECTION 10002 , AND REQUESTING CERTAIN SERVICES OF THE REGISTRAR OF VOTER S; ESTABLISHING REGULATIONS FOR
CANDIDATE STATEMENTS ON THE SAMPLE BALLOT ; PROVIDING
FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR
ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE; AND
PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR
ALL BALLOT MEASURES, A S REQUIRED BY THE PROVISIONS OF
THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES___________________________________________
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 8, 2022 for the election of Municipal Officers; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide General Election to be held on the same date, and that within the City, the precincts, polling places and election of officers of the two elections be the same, and that the Registrar of Voters of the County of Alameda canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and
WHEREAS, Section 13307 of the Elections Code of the State of California (“Elections Code”) provides that the City Council may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement; and
WHEREAS, Section 15651 of the Elections Code authorizes the City Council to adopt provisions to require the conduct of a special runoff election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office; and
WHEREAS, Section 9285 of the Elections Code authorizes the City Council to adopt, by majority vote, provisions to provide for the filing of rebuttal arguments for ballot measures submitted at municipal elections.
2.E.a
Packet Pg. 79
Attachment: Draft Resolution (4504 : Calling of Election 2022)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT, CALIFORNIA, DOES RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. That, pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Fremont, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing the following members of the City Council: one District No. 2 Councilmember, one District No. 3 Councilmember, and one District No. 4 Councilmember for the terms of four years.
SECTION 2. That the ballots to be used at the election shall be in the form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to procure all official notices and printed matter necessary to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at 7:00 a.m. on the day of the election and shall remain open continuously from that time until 8:00 p.m. on the same day when the polls shall be closed.
SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 7. That pursuant to the requirements of Section 10002 of the Elections Code, the Board of Supervisors of the County of Alameda is hereby requested to consent and agree to the consolidation of the General Municipal Election with the General Election on Tuesday, November 8, 2022, for the purpose of the election of the following members of the City Council:
one District No. 2 Councilmember, one District No. 3 Councilmember, and one District No. 4 Councilmember for the terms of four years.
SECTION 8. That the County election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there is only one election, and only one form of ballot shall be used.
SECTION 9. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
SECTION 10. That the City of Fremont recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County based on the County’s established consolidation rate.
SECTION 11. That pursuant to Section 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election on November 8, 2022, may prepare a candidate statement on an appropriate form provided by the elections official. The
2.E.a
Packet Pg. 80
Attachment: Draft Resolution (4504 : Calling of Election 2022)
statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words about the candidate’s education and qualifications expressed by the candidate himself or herself.
SECTION 12. The candidate shall be required to pay for the cost of printing, translating and mailing the candidate statement, and shall make a deposit of $3,000.00 at the time his/her nomination papers are filed. The candidate shall be refunded any overage or billed for any additional costs within 30 days of the actual accounting of said costs by the Alameda County Registrar of Voters.
SECTION 13. That pursuant to Elections Code Section 15651(b), if any two or more persons receive an equal number of votes and the highest number of votes for an office to be voted within the City, there shall be held within the City a special runoff election to resolve the tie vote. A special runoff election shall be called and held on a Tuesday not less than 40 nor more than 125 days after the administrative certification of the election which resulted in a tie vote.
SECTION 14. That pursuant to, and in accordance with, Elections Code Section 9285, the City Council will permit the filing of rebuttal arguments not exceeding 250 words for ballot measures and initiatives submitted at the general municipal election.
SECTION 15. That this resolution shall apply only to the election to be held on Tuesday, November 8, 2022.
SECTION 16. That the City Clerk shall certify the passage and adoption of this Resolution and file a certified copy of this Resolution with the county election department of Alameda County.
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 City Attorney
2.E.a
Packet Pg. 81
Attachment: Draft Resolution (4504 : Calling of Election 2022) Fremont City Council Meeting: 05/03/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Plans, Policies and Studies
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4575) DOC ID: 4575
Updated: 4/29/2022 8:44 AM by Alberto Quintanilla Page 1 RESOLUTION ENDORSING HOME TOGETHER 2026 COMMUNITY PLAN - Adopt Resolution Endorsing Alameda County's Home Together 2026 Community Plan to End Homelessness
Contact Persons:
Name: Laurie Flores Suzanne Shenfil
Title: Homeless Services Manager Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2040 510-574-2051
E-Mail: [email protected] [email protected]
Executive Summary: Over the past decade, Alameda County and its cities have seen a dramatic increase in homelessness, including a staggering 222% increase in unsheltered homelessness. On any given night over 8,000 people experience homelessness in Alameda County, a number that grows to 15,000 over the course of the year. These numbers have likely increased after the devastating economic impacts of COVID. More than 90% of homeless households in Alameda County are adults without minor children, including nearly 10% who are between the ages of 18 and 24.
The Home Together 2026 Community Plan (the Plan) is a community-wide plan for Alameda County which lays out the goals, strategies and investments needed to dramatically reduce homelessness by 2026 and reverse racial disparities in homelessness through fully centering racial equity. While only 11% of the County population identifies as Black, 47% of the homeless population does, more than four times the rate. In Fremont while African Americans represent only 3% of the City’s population, they represent 20% of our homeless population, more than six time the rate.
The plan also includes a needs analysis identifying the gap in the current system of homeless services in the type and availability of housing resources. Today, only an estimated 36% of those in need can be supported by local resources or are able to find housing or leave homelessness on their own. Each year thousands remain homeless as new people join them. Without a significant coordinated effort and investment, homelessness will continue to grow.
In 2021, the State passed the largest single investment in homelessness in its history, at $12 billion. This investment is intended to provide resources, which will lead to measurable, visible results in the reduction of homelessness statewide. The Home Together Community Plan is the blueprint for transforming Alameda County’s needs analysis, informed by City- level information and data, into an Action Plan to draw down and leverage significant new State funding. Using the systems modeling in the Home Together Community Plan, the total cost to fully meet and reduce homelessness in Alameda County is $2.5 billion over 5 years. With this estimated level of investment, the goal is that for every new household that experiences homelessness, there is a resource path to get them out of homelessness and into housing within an average of 90 days.
2.F
Packet Pg. 82
Staff Report (ID # 4575) Meeting of May 3, 2022
Updated: 4/29/2022 8:44 AM by Alberto Quintanilla Page 2 To secure the resources needed to implement the plan, the County and cities will need to partner to find new sources of funding and to lobby both the State and Federal government for increased resources at the local level. Alameda County cities, including Fremont, are being asked to ‘sign on’ and endorse The Home Together Community Plan. The Cities of Berkeley, Pleasanton and Livermore have already endorsed the plan and other Cities have it agendized for endorsement.
BACKGROUND: Beginning in 2019, with Federal technical assistance, the County, Continuum of Care (CoC) and Cities collaborated to perform a detailed analysis of the county-wide homeless system data and to meet extensively with people experiencing homelessness. The goal was to understand specifically what was needed to end homelessness, and what it would cost—and to hear directly from the people with lived experience about what works and what doesn’t.
Contained within the Home Together 2026 Community Plan is a framework which serves as blueprint for how Cities and the County can move forward in partnership to tackle this growing problem. It positions the County as the lead, and the final decision maker on County funding—but it gives City programs the direction they need to be competitive for this funding.
The overall goal with this framework is two-fold:
1) To ensure we minimize any disruptions in service or loss of current bed capacity.
2) To invest smartly in our system. The public is running out of patience and sympathy for street homelessness and demands results. This framework helps ensure that funding is awarded to programs that can deliver measurable results.
The framework does not “commit” the County to funding anything - rather simply to prioritize high-performing city programs for funding consideration. If a program is not performing and or is not eligible for funding under this framework, the Cities and the County would work together to minimize returning anyone to the streets if a program needed to close.
The Plan also demonstrates that significant new investments are needed in the nonprofit and government staff who perform this work. They are spread thin, working long hours, some with limited pay. The Plan indicates new resource and programs are only as good as the dedicated staff who translate them into action.
DISCUSSION/ANALYSIS: While Cities and the County have added significant new shelter, housing, and homeless prevention resources over the past 5 years, the Home Together 2026 Community Plan analyses show that without significant additional investments, our homeless population will continue to grow at an exponential rate.
Countywide, 24,000 additional “housing pathways,” (i.e., specific interventions) are needed to meet the varied needs of people on the streets.
Using the systems modeling in the Plan, the total cost to fully meet these needs, and significantly reduce homelessness, is $2.5 billion over 5 years. With this level of investment, it is hoped that for every new household that experiences homelessness there
2.F
Packet Pg. 83
Staff Report (ID # 4575) Meeting of May 3, 2022
Updated: 4/29/2022 8:44 AM by Alberto Quintanilla Page 3 is a resource path to get them out of homelessness and into housing within an average of 90 days. These investments include:
• Prevention of Homelessness: $388M to add resources to rapidly rehouse those who have recently fallen into homelessness and do not need significant supportive services, and to target homeless prevention assistance to those who are most likely to wind up on the streets. This includes rapid rehousing and shallow (more limited) subsidies within the housing response system. This does not include the one-time development cost for new buildings but covers operations and services and the subsidies to help people rent existing housing. Prevention also addresses racial disparities and prevents disproportionate returns to homelessness.
• Connect People to Shelter and Needed Resources: $430M to add new shelter beds (non-congregant), removing barriers to existing beds (allowing pets or removing curfews, for example), and providing more needed access for those with serious mental illness and substance use through the creation of more treatment programs for unsheltered, sheltered and in those in supportive housing programs.
• Increase Dedicated Housing Solutions: $1.68B for new permanent housing units earmarked for homeless and increased spending to subsidize our existing housing units.
Existing and Potential Resources Needed to Execute Plan:
State Funding: The State of California recently made the largest single investment ever in homelessness, $12 billion. In January, Fremont applied for $40 million in State Homekey funding for 156 units of permanent, supportive housing for the chronically homeless.
County Funding: Alameda County voters also recently passed Measure W, a half-cent sales tax increase that is expected to generate up to $150M annually. This is a general tax, and while not set aside specifically for homelessness, the Board of Supervisors could set aside portions of it for strategic homeless investments.
City Funding: In FY 2020/21 the City spent approximately $2.2 million in the General Fund towards homeless projects and services, which was just over 1% of the City’s $213 million General Fund budget for the year. This does not include County, State and Federal funding sources leveraged by the City, or City funding for affordable housing at higher affordability levels. If the City’s Homekey application is successful, the City may make an additional investment of up to $9.3 million for the operation of the project.
Over the past 5 years, collectively, the County and its Cities have dramatically increased spending on homelessness. We now spend $183 million per year collectively. Despite these efforts, resources still fall short of the Home Together Plan’s estimate of $2.5 billion (over 5 years) needed to fully meet and reduce homelessness.
New local revenues will need to be raised and spending will need to be targeted, only to those programs that are proven to work. City and County representatives, in partnership, will also need to find new sources of external funding and continue to lobby both the State and Federal government for increased resources at the local level.
2.F
Packet Pg. 84
Staff Report (ID # 4575) Meeting of May 3, 2022
Updated: 4/29/2022 8:44 AM by Alberto Quintanilla Page 4 FISCAL IMPACT: There is no immediate fiscal impact for the City in the endorsement of the Home Together 2026 Community Plan, however the plan presents opportunities for future funding from the State and Federal Government by working in collaboration with other cities and the county. In order to be eligible for County passthrough funding for homelessness, including the State of California Homeless Housing Assistance, and Prevention (HHAP) funding, the County expects that Cities endorse this plan.
ENVIRONMENTAL REVIEW: N/A
ATTACHMENTS: None.
LINKS: None.
ATTACHMENTS:
• Draft Resolution Endorsing the Home Together 2026 Community Implementation Plan
RECOMMENDATION: Adopt a resolution endorsing Alameda County’s Home Together 2026 Community Plan, a community-wide plan for Alameda County which lays out the goals, strategies and investments needed to dramatically reduce homelessness-and reduce racial disparities in the homeless population by 2026.
2.F
Packet Pg. 85
Resolution 2022-XX Page 1 of 3
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT ENDORSING THE HOME TOGETHER 2026 COMMUNITY
IMPLEMENTATION PLAN
WHEREAS, the Home Together 2026 Community Implementation Plan (Home Together 2026) is a community-wide plan for Alameda County which lays out the goals, strategies, and investments needed to dramatically reduce homelessness by 2026 and reverse racial disparities in homelessness through fully centering equity; and
WHEREAS, on any given night over 8,000 people experience homelessness in Alameda County, and over 400 of those people experience homelessness in Fremont; and WHEREAS, more than 90% of the households in Alameda County are adults without children, including nearly 10% who are between the ages of 18 and 24; and WHEREAS, 80% of people experiencing homelessness in Fremont are unsheltered; and
WHEREAS, dramatic racial disparities exist in Alameda County, including Fremont, and the homeless population does not reflect the demographics of the county; and WHEREAS, in Fremont, African Americans experience homelessness at more than four times their representation in the population (20% vs. 3%); and WHEREAS, in Fremont, Native Americans, multiracial people and Hawaiian Native/Pacific Islanders are all vastly overrepresented in homelessness, among those newly homeless, and in the rates at which they return to homelessness, even after getting into housing; and
WHEREAS, Home Together 2026 builds, and is informed by, existing local and regional plans, including the 2020 Centering Racial Equity in Homeless System Design report (CRE), All Home Regional Action Plan, and Plan Bay Area 2050; and WHEREAS, Home Together 2026 is also responsive to requirements laid out in the California Comeback Plan necessary to receive critical State housing and health funding; and
WHEREAS, as a result of ongoing dialogue between the County and Cities’ leaders, Home Together 2026 incorporated a City-County framework to continue collaboration between Cities and the County, and minimize service disruptions for existing programs and effectively invest in programs meeting performance measures; and WHEREAS, the homeless system modeling conducted in 2019-20 and updated in
2.F.a
Packet Pg. 86
Attachment: Draft Resolution Endorsing the Home Together 2026 Community Implementation Plan (4575 : HOME TOGETHER PLAN
Resolution 2022-XX Page 2 of 3
2021 points to significant gaps in the current system in terms of both housing resources and program types; and
WHEREAS, only an estimated 36% of those experiencing homelessness can be supported by the system’s resources or are able to find housing or leave homelessness on their own; and
WHEREAS, without significant effort and investment in homeless prevention, shelter expansion, increasing housing solutions, and strengthening the system’s overall capacity, homelessness in Alameda County will continue to grow; and WHEREAS, the total estimated cost of needed investments over the coming five years to fully meet the need is $2.5 billion, including approximately $430 million for additional shelter, $1.68 billion for permanent housing such as dedicated affordable housing and permanent supportive housing, and $388 million for prevention, rapid rehousing and shallow subsidies; and
WHEREAS, significant additional funding will be needed to meet these investment targets; and
WHEREAS, in order to receive future funding made available through the County, Cities must endorse the Home Together 2026 plan; and
WHEREAS, in February 2022, the Fremont City Council established as a top priority for the City finding solutions to homelessness and its prevention.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fremont endorses the Home Together 2026 Community Implementation Plan.
ADOPTED _____________, 2022, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
2.F.a
Packet Pg. 87
Attachment: Draft Resolution Endorsing the Home Together 2026 Community Implementation Plan (4575 : HOME TOGETHER PLAN
Resolution 2022-XX Page 3 of 3
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
2.F.a
Packet Pg. 88
Attachment: Draft Resolution Endorsing the Home Together 2026 Community Implementation Plan (4575 : HOME TOGETHER PLAN Fremont City Council Meeting: 05/03/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors: Family Services Administrator Karen L. Grimsich STAFF REPORT (ID # 4586) DOC ID: 4586
Updated: 4/27/2022 3:37 PM by Alberto Quintanilla Page 1 AGE WELL CENTERS FOOD SUPPLIES - Approval of Annual Purchase Orders with U.S. Foods for Food Supplies in an Amount Not to Exceed $275,000 and Making Finding of CEQA Exemption
Contact Persons:
Name: Aisha Jasper Suzanne Shenfil
Title: Senior Center Manager Director
Div/Dept: Human Services Department Human Services Department Phone: 510-790-6606 510-574-2051
E-Mail: [email protected] [email protected]
Executive Summary: The City has issued a $99,000 annual purchase order to U.S. Foods to provide food supplies needed to support the meal program and operations of the City’s two Age Well Centers. The purpose of this report is to recommend that the City Council delegate authority to the City Manager or her designees to increase the current purchase order by $46,000 and execute additional annual purchase orders with U.S. Foods, not to exceed $275,000 per year, through June 30, 2027.
BACKGROUND: For many years, U.S. Foods has supplied the Age Well Center (AWC) at Lake Elizabeth’s meal program, which is one of the few centers in Alameda County that serves freshly prepared meals, on-site, 5 days a week. Goods purchased include food supplies such as produce, starches and protein, as well as paper and cleaning products.
During COVID-19 restrictions, the AWC at Lake Elizabeth provided boxed to-go meals to senior residents, as well as unhoused occupants of non-congregate temporary shelters. In September 2021, the City opened the Age Well Center at South Fremont, which also has the capacity to serve freshly prepared meals, on-site, 5 days a week.
DISCUSSION/ANALYSIS: The City participates as part of a cooperative purchasing organization through OMNIA Partners for public sector procurement, allowing the City to receive unit cost savings through controlled pricing and group purchasing. As a partnering agency, North Carolina State University recently completed a competitive bidding and contract award process for food distribution and other services with U.S. Foods. North Carolina State University has a cooperative contract which expires June 30, 2023, with the option to extend for two 2-year terms through FY 2026/27. Staff recommends utilizing the cooperative purchasing process to select U.S. Foods to continue providing services for Fremont.
Based on this cooperative purchasing process, the City currently has a $99,000 purchase order with U.S. Foods. As senior residents return to in-person meals with COVID-19 restrictions lessening, the AWC meal programs are now offered at both Lake Elizabeth and South Fremont five days a week. Consequently, increase in meal production at the two sites will result in expenditures for U.S. Foods products exceeding the current purchase order limit of $99,000.
Staff anticipates that a $275,000 annual purchase order (P.O.) with U.S. Foods will provide enough purchasing authority to cover the consumable food demand of the two AWCs and
2.G
Packet Pg. 89
Staff Report (ID # 4586) Meeting of May 3, 2022
Updated: 4/27/2022 3:37 PM by Alberto Quintanilla Page 2 the incremental cost increases of the products. Staff recommends the City Council delegate authority to the City Manager or her designees to increase the current year purchase order by $46,000 and execute additional annual purchase orders for the fiscal years covered by the cooperative agreement at $275,000 per year. These purchase orders would not preclude the City from purchasing food products from other vendors that may have better pricing for specific items.
Fiscal Year
Annual
P.O.
Change
Order Total
2021/22 $ 99,000 $46,000 $ 145,000
2022/23 275,000 275,000
2023/24 275,000 275,000
2024/25 275,000 275,000
2025/26 275,000 275,000
2026/27 275,000 275,000
Total: $1,474,000 $46,000 $1,520,000
FISCAL IMPACT: The general fund will not be impacted. Revenue generated from the Age Well Centers’ meal program fees in the Senior Center Cost Center Fund (Fund 186) will cover the annual cost of food purchases.
ENVIRONMENTAL REVIEW: The action is exempt from CEQA pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), (4) and/or (5), and/or 15061(b)(3) as an administrative or fiscal activity that has no potential to cause a significant effect on the environment, directly or indirectly, each of the foregoing providing a separate and independent basis for CEQA exemption.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager or her designees to increase the current purchase order with U.S. Foods for Age Well Center food supplies by $46,000 and execute additional annual purchase orders with U.S. Foods in an amount not to exceed $275,000 per year through June 30, 2027.
2.G
Packet Pg. 90
Fremont City Council Meeting: 05/03/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4597) DOC ID: 4597
Updated: 4/27/2022 3:38 PM by Alberto Quintanilla Page 1 2022 PEDESTRIAN CROSSING ENHANCEMENT PROJECT - Approval of Plans and Specifications and Award Construction Contract to Golden Bay Construction, Inc. in the Amount of $411,733.06 (including 15% Contingency) for the 2022 Pedestrian Crossing Enhancement Project (PWC 9036); Reallocation of Funds; and Make Findings of CEQA Exemption
Contact Persons:
Name: Anthony Villanueva Hans Larsen
Title: Transportation Engineer I Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4778 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to initiate the construction of pedestrian crossing safety improvements at the Walnut Avenue/Godfrey Street intersection, the Paseo Padre Parkway/Onondaga Way intersection, and along Mission Boulevard at Ohlone College in support of Fremont’s Vision Zero traffic safety program.
BACKGROUND: In 2016, the City Council adopted a Vision Zero Action Plan that instituted a goal to eliminate traffic fatalities and reduce severe injury collisions on Fremont’s roadways. The policy outlined a series of near-term actions and traffic safety countermeasures designed to address specific issues identified from a rigorous review of Fremont’s crash data. An updated Vision Zero Action Plan was approved in 2021, and it reaffirmed Fremont’s on-going commitment to implement traffic safety countermeasures, including the enhancement of uncontrolled pedestrian crossings on high-speed multi-lane roadways. The proposed project will facilitate safe pedestrian crossings at the Walnut Avenue/Godfrey Street intersection, at the Paseo Padre Parkway/Onondaga Way intersection, and along Mission Boulevard at Ohlone College, by installing pedestrian actuated flashing beacons, high visibility crosswalks, ADA compliant curb ramps, median refuge islands, connector sidewalks, and the restriping of approach vehicle lanes. These improvements are designed specifically to create safer and more accessible pedestrian crossings across major arterial or collector roadways where there is a high demand for pedestrian crossing.
DISCUSSION/ANALYSIS: The construction contract for the project was advertised for bids on March 29, 2022, and bids were opened on April 13, 2022. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $344,708.00.
Bidder Bid Amount
1. Golden Bay Construction, Inc. $358,028.75
2. Ray’s Electric $373,133.20
3. Sposeto Engineering Inc. $414,626.10
2.H
Packet Pg. 91
Staff Report (ID # 4597) Meeting of May 3, 2022
Updated: 4/27/2022 3:38 PM by Alberto Quintanilla Page 2 The low bidder, Golden Bay Construction, Inc., submitted a responsive bid and all documents are in order. The contractor is experienced in this type of work and has satisfactorily completed contracts of similar nature.
Project Costs and Funding:
Estimated Project Costs:
Construction Contract Cost (Lowest Responsible Bid) $358,028.75 Construction Contract Contingency (15%)
Construction Inspection and Administration (City Staff) $ 53,704.31
$ 53,704.32
Total Estimated Project Construction Costs $465,437.38
Source of Funding:
PWC 8944-136 (State Gas Tax) $ 47,775.69
PWC 8944-501 (General Fund) $ 32,959.00
PWC 8944-502 (Outside Sources)
PWC 8944-515 (Measure BB Local Streets)
PWC 8944-519 (2012 Measure B Bike/Pedestrian)
PWC 8944-520 (Measure BB Bike/Pedestrian)
$ 32,893.32
$275,000.00
$ 67,525.87
$ 9,283.50
Total Funds Available $465,437.38
FISCAL IMPACT: This project will be funded through the Pedestrian Improvement Program (PWC 8944) appropriated for this purpose through the CIP process. A new PWC 9036 has been set up for this specific project. Staff recommends reallocating the amounts shown above in Source of Funding from PWC 8944 to PWC 9036.
ENVIRONMENTAL REVIEW: This project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involves no or negligible expansion of use beyond that presently exists.
ATTACHMENTS: None.
RECOMMENDATION: Approval of the following actions related to the 2022 Pedestrian Crossing Enhancement Project (PWC 9036):
1. Find that this project is categorically exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presenting existing).
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, Golden Bay Construction, Inc., in the amount of $358,028.75 and allocate a 15% contingency in the amount of $53,704.31 for a total construction
2.H
Packet Pg. 92
Staff Report (ID # 4597) Meeting of May 3, 2022
Updated: 4/27/2022 3:38 PM by Alberto Quintanilla Page 3 contract amount of $411,733.06, and authorize the City Manager or designee to execute the contract.
4. Reallocate $47,775.69 from PWC 8944-136 to PWC 9036-136.
5. Reallocate $32,959.00 from PWC 8944-501 to PWC 9036-501.
6. Reallocate $32,893.32 from PWC 8944-502 to PWC 9036-502.
7. Reallocate $275,000.00 from PWC 8944-515 to PWC 9036-515.
8. Reallocate $67,525.87 from PWC 8944-519 to PWC 9036-519.
9. Reallocate $9,283.50 from PWC 8944-520 to PWC 9036-520.
2.H
Packet Pg. 93
Fremont City Council Meeting: 05/03/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4598) DOC ID: 4598
Updated: 4/27/2022 3:40 PM by Alberto Quintanilla Page 1 SENIOR CENTER FLAT ROOF REPLACEMENT - Approval of Plans and Specifications and Award of Contract to State Roofing Systems, Inc. in the amount of $217,753 (including 15% Contingency) for the Senior Center Flat Roof Replacement Project (PWC 8393); Exempt from Environmental Review per CEQA Guideline Section 15301 (Existing Facilities)
Contact Persons:
Name: Jimmy Chen Hans Larsen
Title: Facilities Manager Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4715 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate improvements to the Senior Center Building at Central Park which includes replacing the flat roof and installing fall protection measures.
BACKGROUND: The Senior Center Building, also known as the Age Well Center at Lake Elizabeth, is a 12,330 square-foot building constructed in 1980 and located at 40086 Paseo Padre Boulevard, Fremont. The Senior Center Building offers services to seniors by providing meals, live classes, training, groceries, and health services. The existing building flat roof area consists of tar and gravel, has reached the end of its life cycle, and needs to be replaced.
DISCUSSION/ANALYSIS: The proposed roof replacement will improve the water tightness of the structure and will reduce the high demand for maintenance staff services in response to roof leaks. In addition, the proposed fall protection measures will improve safety for the maintenance staff when working on the roof. Construction is scheduled to begin in May 2022 with completion expected by August 2022.
Bid Results: The project was advertised in the Tri-City Voice on March 15, 2022. The Engineer’s Estimate is $150,000. Three bids were received and opened on April 6, 2022 as shown below:
Bidders Bid Amount
1. State Roofing Systems, Inc. $189,350
2. Stronger Building Services $235,000
3. Best Contracting Services $434,911
The low bidder, State Roofing Systems, Inc., submitted a responsive bid and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has satisfactorily completed contracts of a similar nature with other nearby agencies.
Project Cost and Funding:
Estimated Project Costs:
2.I
Packet Pg. 94
Staff Report (ID # 4598) Meeting of May 3, 2022
Updated: 4/27/2022 3:40 PM by Alberto Quintanilla Page 2
Design and Project Administration $ 38,000
Construction Contract – Low Bid $ 189,350
Construction Contingency (15%) $ 28, 403
Construction Inspection and Administration $ 18,935
Project Contingency (5%) $ 9,468
Estimated Total Project Costs: $ 284,156
Source of Funding
PWC 8393 – 501 – Buildings - Capital Replacement $ 284,156
Total Funds $ 284,156
Based on the contract amount and the project cost estimates, there are sufficient funds budgeted for this project.
FISCAL IMPACT: The estimated project cost of $284,156 is funded from sources in the adopted Capital Improvement Program (PWC 8393).
ENVIRONMENTAL REVIEW: The project is Categorically Exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15301, as the repair, maintenance or modification of existing facilities involves no or negligible expansion of use beyond that which presently exists.
ATTACHMENTS: None.
RECOMMENDATION: Approval of the following actions related to the Senior Center Flat Roof Replacement Project (PWC 8393):
1. Find the project is exempt from CEQA review pursuant to CEQA Guideline Section 15301 as a repair or modification of an existing facility involving negligible or no expansion of use.
2. Approve Plans and Specifications for the Senior Center Flat Roof Replacement Project.
3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder State Roofing Systems, Inc. in the amount of $189,350 and allocate a 15% contingency in the amount of $28,403 for a total construction contract amount of $217,753 and authorize the City Manager or designee to execute the contract.
2.I
Packet Pg. 95
Fremont City Council Meeting: 05/03/22 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4564) DOC ID: 4564
Updated: 4/28/2022 9:38 AM by Alberto Quintanilla Page 1 DOWNTOWN COMMUNITY PLAN AND ZONING TEXT AMENDMENTS - PLN2022- 00260 - Public Hearing (Published Notice) To Consider the Planning Commission's Recommendation to Adopt An Amendment To The Downtown Community Plan And A Zoning Text Amendment To Fremont Municipal Code Section 18.47 (Downtown District) To Allow Four Curb-Cuts On The Northwest Side Of Capitol Avenue Between State Street And Fremont Boulevard; And To Consider A Finding That No Further Environmental Review Is Required Because A Final Supplemental Environmental Impact Report (SCH#2010072001) Was Previously Certified For The Downtown Community Plan And The Associated Downtown District Zoning.
Contact Persons:
Name: Courtney Pal Dan Schoenholz
Title: Associate Planner Community Development Director Div/Dept: Planning Community Development
Phone: 510-494-4532 510-494-4438
E-Mail: [email protected] [email protected]
Note: A companion item regarding the quitclaim of remnant parcels on Capitol Avenue appears on tonight’s City Council agenda.
Executive Summary: The City is proposing an amendment to the Downtown Community Plan (DCP) and a Zoning Text Amendment to Fremont Municipal Code (FMC) Section 18.47 Downtown District to allow four curb-cuts on the northwest side of Capitol Avenue between State Street and Fremont Boulevard (collectively, the “proposed amendments”). Curb-cuts (or new driveways) are currently prohibited along this section of Capitol Avenue. The proposed amendments are being sought as part of a settlement agreement authorized by City Council with a downtown property owner, Sunhill Enterprises, LLC (“Sunhill”). Staff and the Planning Commission recommend that City Council approve the proposed amendments.
BACKGROUND: In October 2012, the City Council adopted the DCP, which sets forth a vision to create an urban mixed-use, sustainable, vibrant, pedestrian-oriented downtown.
The most significant street in downtown is its main street, Capitol Avenue. In 2014 and 2015, after the acquisition of a property formerly known as the Citibank parcel for public street purposes, the City extended Capitol Avenue between State Street and Fremont Boulevard. As part of this project, the City closed previous access points that adjacent property owner Sunhill claims to have historically used for ingress and egress to their property from the former Citibank parcel. Sunhill subsequently filed a lawsuit against the City related to the closure of these access points.
In January 2022, City Council authorized a settlement agreement to resolve this lawsuit.
The settlement agreement requires that the City allow Sunhill to open two access points along Capitol Avenue, one closer to Fremont Boulevard and the other closer to State Street.
The curb-cut closer to State Street would be allowed only temporarily, until redevelopment of the adjacent building. Because the DCP and Downtown zoning district currently prohibit
5.A
Packet Pg. 96
Staff Report (ID # 4564) Meeting of May 3, 2022
Updated: 4/28/2022 9:38 AM by Alberto Quintanilla Page 2 the construction of curb-cuts (or new driveways) along Capitol Avenue, the DCP and FMC Section 18.47 must be amended in order to facilitate the authorized settlement.
On March 24, 2022, the Planning Commission recommended by a unanimous vote of those present that City Council approve the amendments and found that the proposed disposition of the remnant parcels to Sunhill would be in conformance with the General Plan in accordance with California Government Code Section 65402(a). A companion item regarding the disposition of the remnant parcels to Sunhill is also before the City Council tonight.
PROPOSED AMENDMENTS: The proposed amendments to the DCP and zoning text [FMC Section 18.47] would allow two new curb-cuts in specified locations on the northwest side of Capitol Avenue between State Street and Fremont Boulevard. New curb-cuts would be limited to two access points that Sunhill would be allowed to install as part of the executed settlement agreement. The northernmost of these curb cuts would be re-opened only temporarily, until the redevelopment of the adjacent building along State Street. The amendments would also recognize two existing curb cuts on Sunhill’s property at the street intersections of Memorial Street and Declaration Street along Capitol Avenue that were installed by the City as part of the Capitol Avenue extension project to tie into existing intersections and serve as part of the planned circulation network for a future redevelopment of the Sunhill property. With the existing and new curb cuts, the amendments would specify that a total of four curb-cuts are allowed. New curb cuts would remain prohibited elsewhere on Capitol Avenue.
DISCUSSION/ANALYSIS: The General Plan outlines goals and policies of the Downtown Core Area of the City Center, which is intended to be a mixed-use, sustainable, pedestrian- oriented destination. The proposed amendments would be consistent with the following goal and policy contained in the Land Use and Mobility Elements of the General Plan:
Land Use Element Goal 2-1: City Form and Structure
A city transformed from an auto-oriented suburb into a distinctive community known for its walkable neighborhoods, dynamic city center, transit-oriented development at focused locations, attractive shopping and entertainment areas, thriving work places, and harmonious blending of the natural and built environments.
Mobility Element Policy 3-1.1: Complete Streets
Design major streets to balance the needs of automobiles with the needs of pedestrians, bicyclists, and transit users. Over time, all Fremont’s corridors should evolve into multi-modal streets that offer safe and attractive choices among different travel modes.
The proposed amendments would still maintain a good balance of automobile, pedestrian, and bicyclist traffic needs by limiting other curb-cuts along Capitol Avenue. The authorization of these curb-cuts would not require substantial modification to the existing improvements along Capitol Avenue, which provide safe and attractive infrastructure for bicyclists and pedestrians. The proposed amendments retain a pedestrian-oriented street design, while being able to meet the agreed-upon terms of the settlement agreement authorized by the City Council. The amendments are minor and would not conflict with the objectives and goals of the DCP for multi-modal design along Capitol Avenue.
5.A
Packet Pg. 97
Staff Report (ID # 4564) Meeting of May 3, 2022
Updated: 4/28/2022 9:38 AM by Alberto Quintanilla Page 3 FINDINGS FOR APPROVAL: Notwithstanding the execution of the settlement agreement by the City, the City Council has discretion whether to approve the proposed amendments.
If the proposed amendments are not approved, the settlement agreement would automatically terminate, and Sunhill may seek final resolution of the lawsuit in court.
In accordance with FMC Chapter 18.225, amendments to Community Plans and the Zoning Ordinance must be considered for recommendation by the Planning Commission and subsequently approved by the City Council. To approve the amendments, the City Council must make the following findings listed in FMC Section 18.225.050:
1. The proposed amendment is consistent with the General Plan and, where the amendment is to the text of the General Plan, it is consistent with the other policies and chapters; and
2. The proposed amendment furthers the public interest, convenience, and general welfare of the City.
The proposed amendments would be consistent with the Land Use and Mobility Elements of the General Plan as they are minor and would not conflict with the objectives and goals of the DCP for multi-modal design along Capitol Avenue. The proposed amendments retain a pedestrian-oriented street design, while being able to meet the agreed-upon terms of the settlement agreement authorized by the City Council.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: Pursuant to the California Environmental Quality Act (CEQA), a Final Supplemental Environmental Impact Report (SCH#2010072001) was previously certified for the Downtown Community Plan. No further environmental review is required for the amendment to the DCP and corresponding zoning district standards, as there are no substantial changes to the project or its circumstances and there is no new information that would warrant additional environmental review as required by Public Resources Code Section 21166 and CEQA Guidelines section 15162.
ATTACHMENTS:
• Exhibit A - Draft Resolution Amending Downtown Community Plan • Exhibit B - Draft Ordinance Amending FMC 18.47 Downtown District
RECOMMENDATION:
1. Hold public hearing;
2. Find that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) because a Final Supplemental Environmental Impact Report (SCH#2010072001) was previously certified for the Downtown Community Plan and associated Downtown Zoning District;
3. Find that the proposed amendments are consistent with the General Plan and Downtown Community Plan and Design Guidelines and furthers the public interest, convenience and general welfare of the City, in that the amendments are minor and would not conflict with the objectives and goals of the DCP for multi-modal design along Capitol Avenue, and they would timely implement the terms of the City Council-approved settlement.
5.A
Packet Pg. 98
Staff Report (ID # 4564) Meeting of May 3, 2022
Updated: 4/28/2022 9:38 AM by Alberto Quintanilla Page 4
4. Adopt a resolution approving an amendment to the Downtown Community Plan and Design Guidelines, as shown in Exhibit “A”; and
5. Introduce an ordinance approving an amendment to FMC Section 18.47 Downtown District, as shown in Exhibit “B”.
5.A
Packet Pg. 99
DRAFT
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT AMENDING THE DOWNTOWN COMMUNITY PLAN AND
DESIGN GUIDELINES TO ALLOW FOUR CURB CUTS ON THE
NORTHWEST SIDE OF CAPITOL AVENUE BETWEEN STATE
STREET AND FREMONT BOULEVARD (PLN2022-00XXX)
WHEREAS, the City is proposing amendments to the Downtown Community Plan and Design Guidelines to allow four curb cuts on the northwest side of Capitol Avenue between State Street and Fremont Boulevard, where curb cuts are currently prohibited; and
WHEREAS, on March 24, 2022, the Planning Commission held a public hearing to consider the amendments and recommended approval of the proposed amendments to the City Council; and
WHEREAS, on May 3, 2022 the City Council held a public hearing to consider the recommendation of the Planning Commission regarding the proposed amendments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY RESOLVES AS FOLLOWS:
SECTION 1. CEQA. The City Council finds that no further environmental review under the California Environmental Quality Act (CEQA) is required for the proposed amendments because a Final Supplemental Environmental Impact Report (SCH#2010072001) was previously certified for the Downtown Community Plan and Design Guidelines and there are no substantial changes to the project or its circumstances and there is no new information that would warrant additional environmental review as required by Public Resources Code Section 21166 and CEQA Guidelines section 15162.
SECTION 2. AMENDMENT OF DOWNTOWN COMMUNITY PLAN AND DESIGN GUIDELINES. The City Council hereby amends the Downtown Community Plan and Design Guidelines, as more particularly shown on the PLN2022-00 Downtown Communit y P lan
and Zoning Text Amendments Exhibit “A” to the May 3, 2022 City Council staff report,
attached hereto and incorporated herein as Attachment 1.
SECTION 3. The effective date of this resolution shall be June ____, 2022.
ADOPTED May ____, 2022, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
5.A.a
Packet Pg. 100
Attachment: Exhibit A - Draft Resolution Amending Downtown Community Plan (4564 : DOWNTOWN COMMUNITY PLAN AND ZONING TEXT
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________
City Clerk
______________________________
City Attorney
5.A.a
Packet Pg. 101
Attachment: Exhibit A - Draft Resolution Amending Downtown Community Plan (4564 : DOWNTOWN COMMUNITY PLAN AND ZONING TEXT Fremont Downtown Community Plan + Design Guidelines
15 Adopted September 18, 2012 - Last Amended September, 2018
3.2 STREETSCAPE CHARACTER 55
Exhibit 3.4: Streetscape Example 55
Exhibit 3.5: Beacon Avenue - Street Plan 56
Exhibit 3.6: Beacon Avenue - Street Configur
ation Dimensions Chart 56
Exhibit 3.7: Beacon Avenue - Street Section 57
Exhibit 3.8: California Street - Street Plan 58
Exhibit 3.9: California Street - Street Configur
ation Dimensions Chart 58
Exhibit 3.10: California Street - Street Section 59
Exhibit 3.11: Capitol Avenue: East Segment - Street Plan 60 Exhibit 3.12: Capitol Avenue: East Segment - Street Con figuration Dimensions Chart 60
Exhibit 3.13: Capitol Avenue: East Segment - Street Section 61 Exhibit 3.14: Capitol Avenue - Street Plan 62
Exhibit 3.15: Capitol Avenue - Street Configur
ation Dimensions Chart 62
Exhibit 3.16: Capitol Avenue - Street Section 63
Exhibit 3.17: Capitol Avenue West - Str
eet Plan 64
Exhibit 3.18: Capitol Avenue West - Str
eet Configuration Dimensions Chart 64
Exhibit 3.19: Capitol Avenue - West Segment - Str
eet Section 65
Exhibit 3.20: Fremont Boulevard - Street Plan 66
Exhibit 3.21: Fremont Boulevard - Street Con
figuration Dimensions Chart 66
Exhibit 3.22: Fremont Boulevard - Street Section 67
Exhibit 3.23: Hastings Street - Street Plan 68
Exhibit 3.24: Hastings Street - Street Configuration Dimensions Chart 68 Exhibit 3.25: Hastings Street - Street Section 69
Exhibit 3.26: Liberty Street: Beacon Ave. to W
alnut Ave.- Street Plan 70
Exhibit 3.27: Liberty Street: Beacon Ave. to W
alnut Ave. - Street Configuration Dimensions Chart 70
Exhibit 3.28: Liberty Street: Beacon Ave. to W
alnut Ave. - Street Section 71
Exhibit 3.29: Liberty Street: Capitol Ave. to Beacon A
ve. - Street Plan 72
Exhibit 3.30: Liberty Street: Capitol Ave. to Beacon A
ve. - Street Configuration Dimensions Chart 72
Exhibit 3.31: Liberty Street: Capitol Ave. to Beacon A
ve. - Street Section 73
Exhibit 3.32: New Middle Road - Street Plan 74
Exhibit 3.33: New Middle Road - Street Configuration Dimensions Chart 74 Exhibit 3.34: New Middle Road - Street Section 75
Exhibit 3.35: New North - South Streets - Street Plan 76 Exhibit 3.36: New North - South Streets - Street Configur ation Dimensions Chart 76
Exhibit 3.37: New North - South Streets - Street Section 77 Exhibit 3.38: State Street: Mowry Av
e. to Capitol Ave. - Street Plan 78
Exhibit 3.39: State Street: Mowry Av
e. to Capitol Ave. - Street Configuration Dimensions Chart 78 Exhibit 3.40: State Street: Mowry Av
e. to Capitol Ave. - Street Section 79
Exhibit 3.41: State Street: Capitol Ave. to Beacon
Ave. - Street Plan 80
List of Exhibits (Continued)
5.A.a
Packet Pg. 102
Attachment: Exhibit A - Draft Resolution Amending Downtown Community Plan (4564 : DOWNTOWN
3.0 64
Fremont Downtown Community Plan + Design Guidelines
CHAPTER 3: PUBLIC STREETSCAPE
Adopted September 18, 2012 - Last Amended Month Date, Y ear Exhibit 3.17: Capitol Avenue West - Street Plan (top), Exhibit 3.17a: Permitted Curb-Cuts (inset- top) Exhibit 3.18: Capitol Avenue West - Street Configuration Dimensions Chart (bottom) State Street
Declaration Street
Memorial Street
Fremont Boulevard
Mowry Avenue
Capitol Avenue
39025 - 39051
Permitted Curb-Cut
The northernmost driveway shall be closed when
the 39025-39051 State Street building is demolished
or substantially remodeled.
Exhibit 3.17a
Capitol Avenue
State St to
Fremont Blvd
Right
of Way
Curb to
Curb
Sidewalk Parking
Lane
Bike
Lane
#3
Lane
#2
Lane
#1
Lane
Median #1
Lane
#2
Lane
#3
Lane
Bike
Lane
Parking
Lane
Sidewalk
Existing - - - - - - - - - - - - - - -
Proposed 122 81 15 18 6 - 11 11 11 11 - - 6 18 15
inset
5.A.a
Packet Pg. 103
Attachment: Exhibit A - Draft Resolution Amending Downtown Community Plan (4564 : DOWNTOWN
3.0 65Fremont Downtown Community Plan + Design Guidelines CHAPTER 3: PUBLIC STREETSCAPE
Adopted September 18, 2012 - Last Amended September 18, 2018 The proposed roadway goes from State
Street to Fremont Boulevard. It is proposed
to have one drive lane in each direction with
a left-turn lane onto Fremont Boulevard, and
angled parking on both sides. Curb-cuts are
prohibited along Capitol Avenue. Bike lanes
are continuous 6’ wide with designated on-
street parking areas.
Sidewalks are 15’ wide flanked by uniform
street trees planted in tree well filter planters,
that treat public stormwater. New modern
lights illuminate the sidewalk. Mid-block
crosswalks provide a strong pedestrian linkage
across the street through a break in the
continuous, planted median. The median tree
is a smaller scale evergreen tree to provide
foliage in the winter months. The specific tree
placement, median breaks, and materials
of construction will be further refined as
development occurs and the building heights
and configurations are known.
Sidewalk paving consists of integral color
concrete with a different surface treatment.
The scoring pattern differentiates the main
walking path from the street tree zone and the
5’ band at the street trees continues into the
corner plazas as well.
Capitol Avenue Materials
Street Trees
Celtis sinensis
Median Trees
Arbutus Marina standards with Phoenix dactylifera
as the Entry Accent.
Sidewalk
Concrete paving in San Diego Buff (Davis Color) with
longitudinal scoring (48” typical) and a five foot wide accent paving strip at trees (24” scoring typical) San Diego Buff (Davis Color) with stamped Rock Salt Finish.
Capitol Avenue - West Segment
15’ Sidewalk15’ Sidewalk
18’
Angled Parking
18’
Angled Parking
6’
Shoulder
6’
Shoulder
11’ Left
Turn Lane 11’ Drive11’ Drive 11’ Median
33’ Max Fire Dept allowance
83.5’ 55.5’
Exhibit 3.19: Capitol Avenue - West Segment - Street Section Street and Ped. Lights @ 36’ O.C.
aligned with parking stripes
Street Trees @ 36’ O.C. aligned
with parking stripes
0 20’10’
5.A.a
Packet Pg. 104
Attachment: Exhibit A - Draft Resolution Amending Downtown Community Plan (4564 : DOWNTOWN
LIBERTY ST
CAPITOL AVE
NATION AVE
BEACON AVE
WALNUT AVE
MOWRY AVE
PASEO PADRE PKWY STATE ST DECLARATION ST
A ST
MEMORIAL ST FREMONT BLVD
CALIFORNIA STCC
HASTINGS ST
Special Corner
Treatment Required
Capitol Avenue
Zone Properties
Fremont Downtown Community Plan + Design Guidelines
CHAPTER 4: PRIVATE DEVELOPMENT4.0
104 Adopted September 18, 2012 - Last Amended September 18, 2018 Exhibit 4.13: Capitol Avenue Zone Key Map
Design Standards
The design standards for the Capitol Avenue
Zone should reflect the highest level of
development within the District. Intended to
be the “Main Street” of the district with retail,
mixed-use and civic uses, all design choices
are encouraged to reflect high-intensity and a
high-quality pedestrian environment. Beyond
the site design standards, the following
architectural standards are required to
accomplish the vision.
The development controls are intended to
create a consistent streetscape environment
along Capitol Avenue with:
• A continuous lively retail and active use
streetfront at sidewalk level.
• Opportunities for sidewalk cafes
particularly at corner building setbacks.
• A consistent street-wall at the street
line for a minimum of 2 stories / 22’ high,
except for 1-story / 22’ high facade for
in-fill buildings on the west side of Capitol
Ave. between Fremont Blvd. and State St.
• An emphasis on the pedestrian with no on-
site vehicle access from Capitol Avenue.
Site and Building Organization
Parking and Service: No visual access from
public streets to parked vehicles is allowed. No
curb cuts are allowed on Capitol Avenue. As
such, access to parking and service must be
accommodated from the side street, or in the
case of through-block parcels, from the rear
street. Parking is allowed behind the building’s
ground level storefronts and active uses.
Ground Level Streetfront: Retail or active-
Exhibit 4.16: Gateway/Corner Building Example
Exhibit 4.15: Mid-Rise Mixed-Use Building Example
Exhibit 4.14: Low-Rise Commercial Building Example
Capitol Avenue Zone
Intent
The Capitol Avenue Zone is intended to be
the area of highest activity and commercial
intensity within the District. Capitol Avenue
is the central spine of the district, connecting
existing successful retail with existing transit
service. This important linkage along the
avenue creates the best opportunity for retail
success and mixed-use density.
Development of the Capitol Avenue Corridor
is a priority initiative. In concert with the
streetscape improvements,including the new
street extension to Fremont Boulevard, the
Capitol Avenue redevelopment will create a
significant new identity and community focal
point necessary to anchor the District.
5.A.a
Packet Pg. 105
Attachment: Exhibit A - Draft Resolution Amending Downtown Community Plan (4564 : DOWNTOWN
4.0CHAPTER 4: PRIVATE DEVELOPMENT
Fremont Downtown Community Plan + Design Guidelines 105Adopted September 18, 2012 - Last Amended September 18, 2018 Capitol Avenue
uses shall be continuous along the entire
Capitol Avenue building frontage. The retail
storefronts are encouraged to continue on
the side street for the first 50’ from Capitol
Avenue. The minimum height of the first floor
shall be 16’ from ground floor to second floor
to allow for flexibility in tenant uses. Ground
floor retail/active-use space shall be a 50’
minimum depth. However, a 15’ minimum
depth for retail space is allowed in limited
areas, for no more than a 15’ length, to
accommodate building elevator/stair towers,
or entry lobbies. The main building lobby
entrance shall be on Capitol Avenue.
Building Façade: The Capitol Avenue street
façade on the build-to-line shall not have any
balcony projections. Setbacks are encouraged
to allow for outdoor cafes, landscape and
seating areas. Within these setback areas
balconies are allowed above the first floor.
A minimum of 50% of the perimeter of the
balcony must be engaged with the building
façade.
Capitol Avenue Development Controls
Building Setbacks:
Capitol Avenue Building Setback:
• No building setbacks are allowed for 75%
of the length of the Capitol Avenue + side
street frontages. The setback depth is
limited to a maximum of 1/2 the setback
length along Capitol Avenue frontage.
• 10’ setback allowed 85’ above grade.
Side Street Setback: 0’ - 10’ required.
Side + Rear Y ard Setback: No requirement.
Special Building Corner Treatment:
• Allowable additional 1-story high rooftop
building feature within 25’ from corner.
See Design Guidelines + Exhibit 4.14.
• Fremont Blvd. & Capitol Ave. Gateway:
15’ - 25’ building setback zone required.
Align setback with conforming building
setback on opposite side of Capitol Ave. to
mirror building massing, if applicable.
• State St. & Paseo Padre Pkwy. Gate ways:
10’ - 25’ building facade treatment zone.
Building Height:
• Capitol Avenue: 2-story /22’ high minimum
to T op-of-Parapet, 8-story maximum.
• West side of Capitol Ave. between
Fremont and State Street: 8-story
maximum; 1-story/22’ high minimum for
interim in-fill buildings only.
• Minimum Ground Floor Height: 16’ high
from first floor to second floor.
Parking + Circulation:
Below-Grade Parking: No setback required.
At-Grade Parking: For Capitol Ave. frontage:
50’ minimum required setback located behind
ground floor retail/active uses. For other lot
lines: 10’ minimum screened landscaped
setback required for surface parking.
Above-Grade Parking: 30’ minimum required
setback from Capitol Avenue.
Parking and Service Access: Curb cuts or drive
lanes are prohibited along Capitol Avenue.
Curb cuts allowed on side streets.
50’ min. deep
Retail/Active Use
25’Corner
Treatment Zone
ALL WABLE C
RB C
RE A L
/
AC E
NE
2 2
C RNER
REA EN
-S R
A. .
2-S R
N. .
Side Street/Fremont Blvd.
Capitol Avenue
Required Street Wall
Allowable Parking &
Service Access
Req’d Building Entry
Lot Line
At-grade Parking Zone
Exhibit 4.18: Capitol Avenue Zone - Site Controls
Allowable Parking &
Service Access
Required Building Entry
Exhibit 4.17: Capitol Avenue Zone - Bulk Controls
At-grade required
Retail/Active Use
Side Street/Fremont Blvd.
Req’d Retail / Active Use
Required Street Wall
Allowable Building Envelope
5.A.a
Packet Pg. 106
Attachment: Exhibit A - Draft Resolution Amending Downtown Community Plan (4564 : DOWNTOWN
1 DRAFT
ORDINANCE NO. XX-2022
AN ORDINANCE OF THE CITY OF FREMONT AMENDING
FREMONT MUNICIPAL CODE SECTION 18.47 (DOWNTO WN
DISTRICT) TO ALLOW FOUR CURB CUTS ON THE
NORTHWEST SIDE OF CAPITOL AVENUE BETWEEN STATE
STREET AND FREMONT BOULEVARD (PLN2022-00260)
THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS
FOLLOWS:
SECTION 1. FMC SECTION 18.47.080 AMENDED
Fremont Municipal Code Table 18.47.080 is amended to read as follows (with text in double underline indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect:
Table 18.47.080
Required Site Development Standards for D District Place-Type Zones
Required Site Development
Standards D-CA D-MD D-E D-CC
Intensity/Density
Commercial: Minimum FAR 0.80 0.80 0.80 0.80
Residential: Minimum du/ac 50 50 50 Not applicable
Building Height
Minimum ground floor
commercial height, ground
floor to 2nd floor
16' 16' 16' 16'
Minimum
building
height,
sidewalk to
top of parapet
Feet or
stories
22' 22' No minimum 22'
2 2 2 2
Maximum building height
(see Section 18.190.030 for
height increases)
8-story 8-story 8-story 12-story city
admin. bldgs./
8-story other
Minimum ground-level
commercial, depth
60' from
Capitol
Avenue
30' from street
wall frontage
30' from street
wall frontage
Not applicable
5.A.b
Packet Pg. 107
Attachment: Exhibit B - Draft Ordinance Amending FMC 18.47 Downtown District (4564 : DOWNTOWN COMMUNITY PLAN AND ZONING TEXT
2 Required Site Development
Standards D-CA D-MD D-E D-CC
Building Setbacks
Front yard: Minimum 0' 0' 0' – 15'
maximum (15'
– 45' okay in
drop-off areas
only)
0'
Side and rear yard:
Minimum
0' 0' 0' 0'
Side street (wall): Minimum 0' – 10'
maximum
0' – 10'
maximum
0' – 15'
maximum
0'
See DCP Chapter 4 for further requirements
Street Wall Frontage
Principal street: Minimum 75% 50% 75% 75% along
Capitol
Avenue
Secondary street: Minimum 75% 50% 50% 50%
Parking and Circulation
Below-grade parking setback None None None None
At-grade parking setback 50' minimum
from Capitol
Avenue; 10'
from shared lot
line,
landscaped and
screened
5' minimum
from street; 10'
minimum side
and rear,
landscaped and
screened
15' minimum
front yard; 10'
minimum side
and rear
No parking
along Capitol
Avenue; 5'
minimum from
New Middle
Road,
landscaped and
screened
Parking access lanes/curb cuts or drop-off lanes are not permitted along Capitol Avenue frontage except as shown in DCP Exhibit
3.17a. Consistent with DCP Exhibit 3.17a, the northernmost permitted driveway shall be closed when the 39025-39051 State Street building is demolished or substantially remodeled.
Parking only allowed behind buildings.
See DCP Sections 2.3, Parking Plan, and 4.4, Development Guidelines, for additional parking requirements.
Above-grade parking setback 15' minimum
from Capitol
Avenue;
parking only
allowed behind
buildings
5' minimum
from street;
landscaped and
screened
30' minimum
from street
wall; no
setbacks from
side and rear
5' minimum
from street,
landscaped and
screened
5.A.b
Packet Pg. 108
Attachment: Exhibit B - Draft Ordinance Amending FMC 18.47 Downtown District (4564 : DOWNTOWN COMMUNITY PLAN AND ZONING TEXT
3 SECTION 2. CEQA
The City Council finds that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) because a Final Supplemental Environmental Impact Report (SCH#2010072001) was previously certified for the Downtown Community Plan and there are no substantial changes to the project or its circumstances and there is no new information that would warrant additional environmental review as required by Public Resources Code Section 21166 and CEQA Guidelines section 15162. The Community Development Director is directed to file a Notice of Determination with the Alameda County Clerk’s office within five working days of the date of adoption of this ordinance.
SECTION 3. 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 4. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 5. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption a summary of this ordinance once in a newspaper of general circulation printed and published in Alameda County 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 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and 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.
* * *
5.A.b
Packet Pg. 109
Attachment: Exhibit B - Draft Ordinance Amending FMC 18.47 Downtown District (4564 : DOWNTOWN COMMUNITY PLAN AND ZONING TEXT
4 The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on May 3, 2022 and finally adopted at a regular meeting of the City Council held on May __, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney
5.A.b
Packet Pg. 110
Attachment: Exhibit B - Draft Ordinance Amending FMC 18.47 Downtown District (4564 : DOWNTOWN COMMUNITY PLAN AND ZONING TEXT Fremont City Council Meeting: 05/03/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Property Acquisitions & Dispositions
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4593) DOC ID: 4593
Updated: 4/29/2022 8:47 AM by Alberto Quintanilla Page 1 DISPOSITION OF REMNANT PARCELS ON CAPITOL AVE - To Consider Quitclaim of Remnant Parcels on Capitol Avenue To Sunhill Enterprises, LLC; Take Further Actions In Accordance With the Sunhill Settlement Agreement Approved by Council, Including Appropriating $1 Million from the General Liability Reserve; and Make Findings of CEQA Exemptions (Disposition of Excess City Land Is Categorically Exempt Under CEQA Pursuant To Section 15312, and Action Involving Funds Appropriation Is Not Subject To the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 21065 and 15061).
Contact Persons:
Name: Ian Champeny Hans Larsen
Title: Real Property Agent Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4759 510-494-4722
E-Mail: [email protected] [email protected]
Note: A companion item appears on tonight’s City Council agenda.
Executive Summary: In January 2022, the City Council authorized a settlement agreement with Sunhill Enterprises, LCC (“Sunhill”), owner of the Fremont Plaza shopping center. The settlement agreement was executed in February 2022. To implement the settlement agreement, staff recommends that the City Council appropriate $1 million from the City’s General Liability Reserve to pay Sunhill and quitclaim two remnant parcels of unused, excess right of way to Sunhill, as described in this report.
BACKGROUND: In October 2012, the City Council adopted the Downtown Community Plan (DCP), which sets forth a vision to create an urban mixed-use, sustainable, vibrant, pedestrian-oriented downtown. The most significant street in downtown is its main street Capitol Avenue. The City had to acquire a parcel that formerly contained a Citibank building for public street purposes in order to extend Capitol Avenue to Fremont Boulevard. In 2015, the extension of Capitol Avenue between State Street and Fremont Boulevard was completed. As part of this project, the City closed previous access points that adjacent property owner Sunhill claims to have historically used for ingress and egress to their property from the former Citibank parcel. Sunhill subsequently filed a lawsuit against the City related to the closure of these access points.
As part of the settlement agreement, the City must pay Sunhill $1 million, quitclaim remnant parcels deemed by the City as excess land to Sunhill, and allow the opening of two access points along Capitol Avenue, one closer to Fremont Boulevard and the other closer to State Street. The opening of the two new access points would be at the sole cost and expense of Sunhill. The curb cut closer to State Street would be allowed only temporarily, until redevelopment of the adjacent building. The DCP and Downtown zoning district prohibit the construction of curb-cuts (or new driveways) along Capitol Avenue, and therefore, to facilitate the authorized settlement, the DCP and FMC Section 18.47 must be amended. This item is before the City Council under the companion item for tonight.
7.A
Packet Pg. 111
Staff Report (ID # 4593) Meeting of May 3, 2022
Updated: 4/29/2022 8:47 AM by Alberto Quintanilla Page 2 On March 24, 2022, the Planning Commission recommended that City Council approve the amendments under the companion item and found that the proposed disposition of the remnant parcels to Sunhill would be in conformance with the General Plan in accordance with California Government Code 65402(a).
DISCUSSION/ANALYSIS: Staff recommends the City Council take the proposed actions in order to meet the City’s obligations set forth in the settlement agreement previously approved by Council. This includes appropriation of funds for the payment of $1 million and approval to quitclaim the remnant parcels to Sunhill. If the City fails to take these actions, the settlement agreement would automatically terminate, and Sunhill may seek final resolution of the lawsuit in court.
Quitclaim of Remnant Parcels: As part of the DCP, adopted by City Council in 2012, the City extended Capitol Avenue between State Street and Fremont Boulevard. The street extension resulted in unused, remnant parcels, considered excess land, which is not needed to serve a public purpose. Sunhill would combine the excess land to their parcel for future redevelopment of their property facing Capitol Avenue. The proposed disposition of the remnant parcels is consistent with the General Plan.
Pursuant to Government Code Section 54221(f)(1), the proposed disposition of the remnant parcels is considered “exempt surplus land” because: 1) the remnant parcels themselves have no record access and are less than 10,000 square feet in area, individually or cumulatively1, and are not contiguous to land owned by a state or local agency that is used for open-space or low- or moderate-income housing purposes; and/or 2) the remnant parcels were part of a larger parcel that was acquired by the City as former right of way to extend Capitol Avenue, from State Street to Fremont Boulevard, that are no longer needed for a public purpose and can be conveyed to an owner of an adjacent property, Sunhill.
FISCAL IMPACT: The amount of $1 million would be appropriated from the General Liability Reserve into the City’s Risk Management Fund (Fund 609) to pay Sunhill.
ENVIRONMENTAL REVIEW: The appropriation of funding to pay Sunhill as a condition of the settlement agreement is not subject to CEQA pursuant to CEQA Guidelines Sections 21065, Project, and 15061, Review For Exemption, in that the action is not defined as a “project” under CEQA and that the action is covered by the common sense exemption 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 there is no possibility that the activity or action in question may have a significant effect on the environment, the activity or action is not subject CEQA.
The proposed disposition of the land to Sunhill is an action that is categorically exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15312, Surplus Government Property Sales.
1 The two remnant parcels total 6,032 square feet (Parcel 501-1130-060 is 509 square feet and Parcel 501-1130-062 is 5,523 square feet).
7.A
Packet Pg. 112
Staff Report (ID # 4593) Meeting of May 3, 2022
Updated: 4/29/2022 8:47 AM by Alberto Quintanilla Page 3 ATTACHMENTS:
• Exhibit A - Plats and Legals for Remnant Parcels
• Draft Resolution Quitclaim Surplus Land to Sunhill
RECOMMENDATIONS: That the City Council take the following actions:
1. Find that the action involving the appropriation of $1 million from the City’s Risk Management Fund to pay Sunhill is not subject to the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Sections 21065 and 15061.
2. Appropriate $1 million in the Risk Management Fund (Fund 609) and direct the City Finance Director to issue payment to Sunhill in the exact amount of $1 million in accordance with the terms and conditions of the Settlement Agreement and Release dated February 11, 2022 by and between the City and Sunhill Enterprises, LLC.
3. Adopt a resolution approving the proposed Quitclaim of remnant parcels to Sunhill Enterprises, LLC, as shown in Exhibit “A” (plat and legal).
7.A
Packet Pg. 113
P.O.B.
( IN FEET )
GRAPHIC SCALE
060 30 60 120
SCALE:
PROJECT NO:
DESIGNED BY:
DRAWN BY:
DATE:
C I T Y O F
Fremont
-
-
ATTACHMENT 1
1"=60'
T.DOUGHERTY
2/16/2022
PLAT TO ACCOMPANY LEGAL DESCRIPTION
CITY OF FREMONT
REMNANT PARCEL
PAGE 2 OF 2
A PORTION OF PARCEL A, PM 10345
EXHIBIT "A" - QUITCLAIM REMNANTS (May 3, 2022 Council Hearing) 7.A.a Packet Pg. 114
Attachment: Exhibit A - Plats and Legals for Remnant Parcels (4593 : DISPOSITION OF REMNANT PARCELS ON CAPITOL AVE TO SUNHILL
PAGE 1 OF 2
ATTACHMENT 1
LEGAL DESCRIPTION OF REMNANT
CITY OF FREMONT
FREMONT, CALIFORNIA
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF FREMONT, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING ALL OF THE LANDS SHOWN AS “DESIGNATED REMAINDER”, PARCEL A ON PARCEL MAP 10345 FILED IN BOOK 328 OF MAPS AT PAGE 9 5 IN THE OFFICE OF THE RECORDER, ALAMEDA COUNTY, TO WIT:
BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 1 AS SHOWN ON SAID MAP, SAID
POINT ALSO BEING THE MOST NORTHERLY CORNER OF SAID PARCEL A, AS SHOWN ON SAID MAP, THENCE ALONG THE FOLLOWING FIVE COURSES:
1) SOUTH 31°55’57” WEST 313.44 FEET, ALONG THE NORTHWESTERLY LINE OF SAID PARCEL TO THE MOST WESTERLY CORNER OF SAID PARCEL A; THENCE LEAVING
SAID LINE
2) SOUTH 56°55’30” EAST 14.88 FEET; THENCE
3) NORTH 33°04’30” EAST 226.47 FEET TO A POINT OF CURVATURE; THENCE 4) ALONG A CURVE TO THE LEFT, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 934.00 FEET, THROUGH A CENTRAL ANGLE OF 5°20’20”, AN ARC DISTANCE 87.03 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID PARCEL 1; THENCE 5) NORTH 56°55’30” WEST 17.07 FEET TO THE POINT OF BEGINNING.
CONTAINING A NET AREA OF 5525 SQUARE FEET OR 0.1268ACRE OF LAND, MORE OR LESS.
SURVEYOR’S STATEMENT:
THE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE LAND SURVEYOR’S ACT.
______________________________ _____________
THOMAS DOUGHERTY, LS8819 DATE
7.A.a
Packet Pg. 115
Attachment: Exhibit A - Plats and Legals for Remnant Parcels (4593 : DISPOSITION OF REMNANT PARCELS ON CAPITOL AVE TO SUNHILL
POINT OF BEGINNING
( IN FEET )GRAPHIC SCALE060 3060120
SCALE:PROJECT NO:DESIGNED BY:DRAWN BY:DATE:C I T Y O FFremont-- ATTACHMENT 1 1"=60'T.DOUGHERTY2/16/2022PLAT TO ACCOMPANY LEGAL DESCRIPTIONCITY OF FREMONTREMNANT PARCELPAGE 2 OF 2PARCEL A, PM 10286
7.A.a
Packet Pg. 116
Attachment: Exhibit A - Plats and Legals for Remnant Parcels (4593 : DISPOSITION OF REMNANT PARCELS ON CAPITOL AVE TO SUNHILL
PAGE 1 OF 2
ATTACHMENT 1
LEGAL DESCRIPTION OF REMNANT
CITY OF FREMONT
FREMONT, CALIFORNIA
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF FREMONT, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING ALL OF THE LANDS SHOWN AS PARCEL A ON PARCEL MAP 10286, FILED IN BOOK 326 OF MAPS , AT PAGE S 99 THROUGH 100 , IN THE OFFICE OF THE RECORDER, ALAMEDA COUNTY, TO WIT:
BEGINNING AT A POINT LYING DISTANT THEREON NORTH 31°55’57” EAST 60.01 FEET FROM THE WESTERLY CORNER OF PARCEL 1 AS SH OWN ON SAI D MAP ; THENCE ALONG THE FOLLOWING FOUR COURSES:
1) NORTH 31°55’57” EAST 149.71 FEET, ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1; THENCE LEAVING SAID LINE
2) ALONG A CURVE TO THE LEFT, CONCAVE EASTERLY TO WHICH A 1055.05 FEET RADIAL BEARING BEARS SOUTH 58°04’03” EAST THROUGH A CENTRAL ANGLE OF 8°02’40” EAST, 148.19 FEET TO A POINT OF COMPOUND CURVATURE; THENCE 3) ALONG A CURVE TO THE LEFT, CONCAVE EASTERLY TO WHICH A 934.00 FEET RADIAL BEARING BEARS SOUTH 66°06’30” EAST THROUGH A CENTRAL ANGLE OF 00°08’15” EAST, 2.24 FEET; THENCE
4) NORTH 56°55’30” WEST 10.70 FEET TO THE POINT OF BEGINNING.
CONTAINING A NET AREA OF 533 SQUARE FEET OF LAND, MORE OR LESS.
SURVEYOR’S STATEMENT:
THE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE LAND SURVEYOR’S ACT.
______________________________ _____________
THOMAS DOUGHERTY, LS8819 DATE
7.A.a
Packet Pg. 117
Attachment: Exhibit A - Plats and Legals for Remnant Parcels (4593 : DISPOSITION OF REMNANT PARCELS ON CAPITOL AVE TO SUNHILL Resolution No. 2022-XX Page 1 of 2
DRAFT
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
FINDING CERTAIN REMNANT PARCELS CONSTITUTE EXEMPT
SURPLUS LAND AND APPROVING THE QUITCLAIM OF THESE
PARCELS TO SUNHILL ENTERPRISES, LLC.
WHEREAS, as part of the Downtown Community Plan (DCP), adopted by City Council in 2012, the City extended Capitol Avenue between State Street and Fremont Boulevard, and the street extension resulted in unused, remnant parcels, considered excess land, that are no longer needed to serve a public purpose; and
WHEREAS, pursuant to California Government Code Section 54221 et seq., the City may dispose of excess surplus land upon the governing body taking formal action in a regular public meeting, declaring that the land is surplus and is not necessary for the City’s use; and
WHEREAS, in accordance with the terms of the Sunhill Enterprises settlement agreement approved by the City Council, the City agreed to convey the remnant parcels to Sunhill Enterprises; and
WHEREAS, under Government Code Section 54221(f)(1), the remnant parcels are considered “exempt surplus land” because: 1) the remnant parcels have no record access and are less than 10,000 square feet in area, individually or cumulatively, and are not contiguous to land owned by a state or local agency that is used for open-space or low- or moderate-income housing purposes; and/or 2) the remnant parcels were part of a larger parcel that was acquired by the City as former right of way to extend Capitol Avenue, from State Street to Fremont Boulevard, that are no longer needed for a public purpose.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fremont, as follows:
SECTION 1. Pursuant to Government Code Section 54221(f)(1), the City Council finds that, based on the information contained in the May 3, 2022 City Council report and attachment, the remnant parcels identified in Exhibit A, incorporated herein by this reference, constitute excess surplus land, that are no longer needed for a public purpose.
SECTION 2. The City Council approves the disposition of the remnant parcels and quitclaim of the parcels to Sunhill Enterprises in accordance with the terms of the settlement agreement.
SECTION 3. The City Council directs the City Manager to execute the Quitclaim Deed in accordance with the terms and conditions of the Settlement Agreement and Release dated February 11, 2022 by and between the City and Sunhill Enterprises, LLC.
7.A.b
Packet Pg. 118
Attachment: Draft Resolution Quitclaim Surplus Land to Sunhill (4593 : DISPOSITION OF REMNANT PARCELS ON CAPITOL AVE TO SUNHILL Resolution No. 2022-XX Page 2 of 2
SECTION 4. The disposition of the land is an action that is categorically exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15312, Surplus Government Property Sales.
SECTION 5. The City Clerk is directed to cause a certified copy of this resolution, attested by her under seal, to be recorded in the office of the County Recorder of Alameda County after the above conditions are met.
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 City Attorney
7.A.b
Packet Pg. 119
Attachment: Draft Resolution Quitclaim Surplus Land to Sunhill (4593 : DISPOSITION OF REMNANT PARCELS ON CAPITOL AVE TO SUNHILL Fremont City Council Meeting: 05/03/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4596) DOC ID: 4596
Updated: 4/28/2022 12:57 PM by Alberto Quintanilla Page 1 MAYOR MEI REFERRAL: Requesting Adoption of a Resolution to Update Council Assignments to Outside Committees, Commissions, and Boards Contact Persons:
Name: Lily Mei
Title: Mayor
Div/Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]
MAYOR MEI REFERRAL: Requesting Adoption of a Resolution to Update Council Assignments to Outside Committees, Commissions, and Boards to appoint Vice Mayor Salwan to Southern Alameda County Geographic Information Systems Joint Powers Authority (SACGIS JPA) and to update information on the attached exhibit.
BACKGROUND: On March 9, 2021, the City Council adopted Resolution No. 2021-10 designating Council assignments to outside committees, commissions, and boards Council assignments are for a two-year period. The purpose of tonight’s proposed resolution is to update the Council assignments to appoint Vice Mayor Salwan to the Southern Alameda County Geographical Information Systems Joint Powers Authority (SACGIS JPA). All other assignments are unaffected by tonight’s proposed action. However, the attached spreadsheet (Exhibit A) has been updated to reflect changes to contact information, meeting frequency and/or stipends for the various entities.
ATTACHMENTS:
• Draft Resolution
• DRAFT - Council Assignments-2021-2022
RECOMMENDATION: Adopt a resolution designating Council assignments to outside committees, commissions and boards to appoint Vice Mayor Salwan to Southern Alameda County Geographic Information Systems Joint Powers Authority (SACGIS JPA) and to update the exhibit to also reflect changes to contact information, meeting frequency and/or stipends for the various entities.
8.A.1
Packet Pg. 120
DRAFT
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT DESIGNATING COUNCIL ASSIGNMENTS TO
OUTSIDE COMMITTEES, COMMISSIONS AND BOARDS
WHEREAS, on March 9, 2021, the City Council adopted Resolution No. 2021-10 designating Council assignments to outside committees, commissions, and boards; and
WHEREAS, there is a need to update the City’s assignments to appoint a Council member to the Southern Alameda County Geographical Information Systems Joint Powers Authority.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fremont does hereby make designations to outside agencies as shown on the attached Exhibit A.
ADOPTED _______________, 2022 by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
_____________________________
City Attorney
8.A.1.a
Packet Pg. 121
Attachment: Draft Resolution (4596 : MAYOR MEI REFERRAL: Requesting Adoption of Reso Update Council Assignments to Outside Exhibit A
Mayor and City Councilmember Assignments (2021-2022) adopted March 9, 2021 Assignment When Stipend Delegate Appointee Alternate Appointee Alameda County Transportation Commission (ACTC)
1111 Broadway, Suite 800, Oakland
contact: 510-208-7436, Vanessa Lee, [email protected] 4th Thursday of each month Time
to be determined at 2 p.m.
TBD $250 if the
delegate attends
In-person. Otherwise,
the stipend is $225 Mei (Delegate) Salwan (Alternate)
Alameda County I-680 Sunol Express Lane JPA Committee - ACTIA CTC
DELEGATE
1111 Broadway, Suite 800, Oakland
contact: 510-208-7436, Vanessa Lee, [email protected] 4th Thursday of each month
1:45 p.m. This Committee meets
quarterly, on the second Monday
of the month at 9 AM
N/A
The stipend is
$225, and this meeting
is held virtually Mei (Delegate) Salwan (Alternate)
East Bay Economic Development Alliance or East Bay EDA (formerly EDAB)
East Bay EDA, 1221 Oak Street, Suite 555, Oakland, CA 94612 contact: 510-272-6746, [email protected], www.EastBayEDA.org Executive Committee meets 2nd
Thursday of odd months, 12 PM.
The City does NOT have an
Executive Committee seat.
N/A
Alameda County Housing Authority
22941 Atherton Street, Board Room, Hayward 94541-6633
contact: 727-8511
2nd Wednesday of each month
8:00 a.m. $50/mtg Shao (Delegate)
Cox
(Housing
Commission bylaws do
not provide for an
alternate
commissioner)
Alameda County Library Advisory Commission (ACLAC)
Fremont Main Library, 2400 Stevenson Blvd., Fremont 94538-2326 contact: 745-1504 (call to confirm meeting location and time) 1st Wednesday of Jan, April, July,
Oct
7:00 p.m. N/A Keng (Delegate) Cox (Alternate)
Alameda County Mayors' Conference
Meeting Location varies
contact: Steven Bocian, Exec. Dir.
San Leandro Civic Center
835 East 14th Street, San Leandro, CA 94577
Office: (925) 750-7943 | Mobile: (925) 437-4001
[email protected], http://www.acmayorsconference.org/ 2nd Wednesday of each month
(except August)
6:30 p.m. N/A Mei (Member) Salwan (Alternate)
Alameda County Mayors’ Conference is
responsible for the appointments.
8.A.1.b
Packet Pg. 122
Attachment: DRAFT - Council Assignments-2021-2022 (4596 : MAYOR MEI REFERRAL: Requesting Exhibit A
Mayor and City Councilmember Assignments (2021-2022) adopted March 9, 2021 Assignment When Stipend Delegate Appointee Alternate Appointee AC Transit Policy Advisory Committee
1600 Franklin Street, Oakland 94612
contact: 891-7132 Tony Divito as needed, various locations N/A Jones & Salwan
(Delegates)
(second delegate,
not alternate)
Alameda County Waste Management Authority Board (ACWMA) 1537 Webster Street, Oakland, CA 94612
contact: 891-6500, Arliss Dunn, [email protected]
4th Wednesday of each month at
3:00 p.m. $150/mtg
($230/mtg) Kassan (Delegate) Keng (Alternate)
Alameda County Waste Management Authority (ACWMA)
Program & Administrative Committee
1537 Webster Street, Oakland, CA 94612
contact: 891-6500, Arliss Dunn, [email protected]
2nd Thursday of each month at
9:00 a.m. $230/mtg Kassan (Delegate) Keng (Alternate)
Association of Bay Area Governments (ABAG) General Assembly 375 Beale St. Suite 700, San Francisco CA 94105
contact: Fred Castro, [email protected], 415-820-7913
twice per year
(generally April and October) The
ABAG General Assembly meets
annually. This year the ABAG
General Assembly Business
meeting is on 6/17/22
N/A
Mei (Delegate) Jones (Alternate)
East Bay Community Energy (EBCE) Board
(Community Choice Energy JPA)
contact: Bruce Jensen, Planning Department
Adrian Bankhead - Clerk of the
Board
Alameda County Community Development Agency
224 W. Winton Avenue, Rm 111, Hayward, CA 94544
1999 Harrison Street, Suite 800, Oakland, CA 94612
Direct: 510-670-6527
510-906-0491, Main: 510-670-5400 1 833 699 3223 TBD
$100 stipend per Board
Meeting & $100 per
subcommittee meeting,
with a cap of $200
stipend per month Mei (Member) Cox (Alternate)
East Bay Division of the League of California Cities
various locations in Alameda and Contra Costa Counties
contact 916-658-8200 or Eric Figueroa
Sam Caygill, [email protected]
Typically 3rd 4th Thursday on bi-
monthly basis. N/A Salwan (Delegate) Jones (Alternate)
8.A.1.b
Packet Pg. 123
Attachment: DRAFT - Council Assignments-2021-2022 (4596 : MAYOR MEI REFERRAL: Requesting Exhibit A
Mayor and City Councilmember Assignments (2021-2022) adopted March 9, 2021 Assignment When Stipend Delegate Appointee Alternate Appointee East Bay Regional Park Liaison Committee
Meeting sites: TBD
contact: 494-4330 Kim Beranek
TBD
Agreement calls for three meetings
per year. N/A Jones (Delegate) Kassan (Alternate)
Joint Venture Silicon Valley (JVSV)
84 West Santa Clara St., Ste 440, San Jose 95113-1820
contact: 408-271-7213 Lisa
No regular meetings scheduled.
Elected officials contacted for
special meetings as needed. N/A Mei (Delegate) Jones (Alternate) City of Fremont / Fremont Unified School District Liaison Committee Currently meeting virtually, alternately hosted by the City or the District Meeting site: Alternates between City Hall/Council Chambers and FUSD District Office/Board Room
contact: Susan Gauthier, City Clerk, [email protected], 510-284-4076 Meets the fourth Tuesday of each
month N/A Salwan Keng
South Bay Connect Corridor
There is no "policy committee" for the South Bay Connect project that warrants a Council assignment. (There is a "community working group" that is appointed by Capitol Corridor Joint Powers Board staff, that includes representatives from Fremont, but no elected officials ). Keng Shao
Removing duplicative information from spreadsheet
City of Fremont / Fremont Unified School District Liaison Committee Meeting site: Alternates between City Hall/Council Chambers and FUSD District Office/Board Room
contact: City Clerk, 510-494-4060 Meets Monthly N/A Salwan & Keng N/A Southern Alameda County Geographic Information Systems Joint Powers Authority (SACGISJPA)
contact: John Leon/ITS, 510-494-4831 Meets Annually N/A Salwan N/A
8.A.1.b
Packet Pg. 124
Attachment: DRAFT - Council Assignments-2021-2022 (4596 : MAYOR MEI REFERRAL: Requesting