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