Agenda packet, first session — Fremont City Council, May 10, 2022

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 10, 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 10, 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 10, 2022

May 10, 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: 832 0703 9532. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/83207039532
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 10, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
May 10, 2022
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements by Mayor / City Manager

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.

C. PARKMEADOW DRIVE STORM DRAIN REPLACEMENT PROJECT - Approval of Plans and Specifications; Award Contract to C2R Engineering, Inc. in the Amount of $1,019,513 (includes 10% Contingency) for the Parkmeadow Drive Storm Drain Replacement Project; Appropriation Actions; and Make Findings of CEQA Exemption (PWC 8988)
Contact Persons:

Name: Edelzar Garcia Hans Larsen
Title: Associate Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4781 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: That the City Council take the following actions related to the Parkmeadow Drive Storm Drain Replacement Project (PWC 8988):

1. Find that this project is exempt from California Environmental Quality Act (CEQA) review 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 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, C2R Engineering, Inc. in the amount of $926,830 and allocate a 10% construction contingency in the amount of $92,683 for a total construction contract amount of $1,019,513, and authorize the City Manager or designee to execute the contract.

4. Reallocate $450,000 from PWC 7926-136 and appropriate it to PWC 8988-136.

5. Reallocate $350,000 from PWC 8740-136 and appropriate it to PWC 8988-136.

6. Reallocate $130,000 from PWC 8101-136 and appropriate it to PWC 8988-136.

May 10, 2022 Fremont City Council Page 4
D. FREMONT FIRE DEPARTMENT’S REPORT REGARDING PERFORMANCE OF ANNUAL FIRE INSPECTIONS - Adopt A Resolution Acknowledging the Fremont Fire Department’s Report Regarding Performance of Annual Fire Inspections Pursuant to Sections 13146.2 And 13146.3 of California Health and Safety Code
Contact Persons:

Name: Jay Swardenski Curtis Jacobson
Title: Fire Marshal Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution recognizing the Fremont Fire Department’s level of compliance with California Health and Safety Code Sections 13146.2 and 13146.3 by acknowledging the City of Fremont Fire Department’s report regarding performance of annual fire inspections.

3. Ceremonial Items - None.

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. OUTDOOR COMMERCIAL PATIO ORDINANCE – Public Hearing (Published Notice) To Consider The Planning Commission’s Recommendation To Adopt An Ordinance Amending Title 12, Chapter 12.05 (Encroachments To Streets And Sidewalks) And Title 18, Chapters 18.25 (Definitions) And 18.190 (Special Provisions Applying To Miscellaneous Uses), To Allow Outdoor Commercial Patios On City-Owned And Private Property; and to Adopt a Resolution to Amend the Master Fee Schedule to Rename the Sidewalk Dining Permit Fee to the Outdoor Commercial Patio Permit Fee; and to Consider a Finding That The Actions Are Exempt From The Requirements Of The California Environmental Quality Act (CEQA) Per, Each As A Separate And Independent Basis, (1) CEQA Guidelines Section 15061(B)(3) In That It Can Be Seen With Certainty That There Is No Possibility That The Proposed Actions Will Have The Potential For Causing A Significant Effect On The Environment, And Are Not Subject To CEQA Review, And (2) CEQA Guidelines Section 15183, As The Proposed Amendments Are Consistent With The General Plan For Which An EIR Was Previous Prepared And Certified, And None Of The Circumstances Necessitating Preparation Of A Subsequent EIR Pursuant To CEQA Guidelines Section 15162 Are Present.

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]

May 10, 2022 Fremont City Council Page 5
RECOMMENDATION:

1. Hold public hearing.

2. Find that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each as a separate and independent basis, (1) CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the proposed actions will have the potential for causing a significant effect on the environment, and are not subject to CEQA review, and (2) CEQA Guidelines Section 15183, as the proposed amendments are consistent with general plan policies as analyzed in prior Environmental Impact Reports (EIRs) for the General Plan, and none of the circumstances necessitating preparation of a subsequent EIR pursuant to CEQA Guidelines Section 15162 are present.

3. Find that the proposed amendments are consistent with the General Plan, including the Land Use and Economic Development Element policies and implementation measures discussed in the staff report.

4. Find that the proposed amendments further the public interest, convenience, and general welfare of the city by facilitating the creation of outdoor commercial patio areas that would improve the pedestrian environment and stimulate economic activity.

5. Waive full reading and introduce an ordinance approving amendments to FMC Title 12 (Streets, Sidewalks, and Public Property) and FMC Title 18 (Planning and Zoning).

6. Direct staff to document the above written findings and recommendation of the Commission to the City Council and to prepare, and the City Clerk to publish, a summary of the ordinance.

7. Adopt a resolution amending the Master Fee Schedule to delete the Sidewalk Dining Permit fee and add an Outdoor Commercial Patio Permit fee.

8. Direct staff to reallocate $40,000 of Community Development Block Grant (CDBG) CARES Act Funding to provide fee reimbursements to businesses that receive patio permits before December 31, 2022.

6. Report from City Attorney - None.

7. Other Business - None.

8. Council Communications
A. Council Referrals

1. MAYOR MEI REFERRAL: Appointments and Reappointments to Advisory Bodies
Contact Persons:

Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

Appointments:

Advisory Body Appointee Term
Expires

East Bay Regional Park District Liaison Teresa Cox 12/31/2023 Committee (Alternate Council Representative)
May 10, 2022 Fremont City Council Page 6

Historical Architectural Review Board Kel Kanady 12/31/2024

Recreation Commission Jessica Williams 12/31/2025

Rent Review Board Allen Heath 12/31/2023
(Tenant Representative)

Rent Review Board Trice Pierce 12/31/2025
(Neutral Third Party)

Senior Citizens Commission Gurjit Brar 12/31/2025
Letti Dowell 12/31/2025
Kathleen Fischer 12/31/2024

Reappointments:

Advisory Body Appointee Term
Expires

Rent Review Board Carl Fox 12/31/2025
(Landlord Representative)

Rent Review Board Vikram Malani 12/31/2025
(Tenant Representative)

RECOMMENDATION: Approve appointments.

B. Oral Reports on Meetings

9. Adjournment
May 10, 2022 Fremont City Council Page 7

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 10, 2022 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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
August Recess – No City Council Meetings
September 6, 2022 7:00 p.m. City Council Meeting Council Chambers Live
September 13, 2022 7:00 p.m. City Council Meeting Council Chambers Live
September 20, 2022 7:00 p.m. City Council Meeting Council Chambers Live
September 27, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live

Fremont City Council Meeting: 05/10/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4580) DOC ID: 4580
Updated: 5/4/2022 3:06 PM by Alberto Quintanilla Page 1 PARKMEADOW DRIVE STORM DRAIN REPLACEMENT PROJECT - Approval of Plans and Specifications; Award Contract to C2R Engineering, Inc. in the Amount of $1,019,513 (includes 10% Contingency) for the Parkmeadow Drive Storm Drain Replacement Project; Appropriation Actions; and Make Findings of CEQA Exemption (PWC 8988)
Contact Persons:

Name: Edelzar Garcia Hans Larsen
Title: Associate Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4781 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to initiate the construction of storm drain pipe replacement on Oasis Court and on Parkmeadow Drive from Grimmer Boulevard to Arikara Court.

BACKGROUND: The existing reinforced concrete storm drain pipe on Parkmeadow Drive and on Oasis Court has experienced a buildup of hardened sediment over time which has severely reduced the pipe’s flow capacity. As a result, sections of Parkmeadow Drive and the nearby area have experienced flooding during recent rain events. The storm drain line needs to be replaced to effectively convey storm water flow and reduce flooding events in the future.

The project will remove the existing storm drain pipe and replace it with new high performance polypropylene pipe (HPPP). The HPPP is a smoother pipe which will provide less friction and will allow better flow of the storm water and sediment through the pipe.

Construction is anticipated to begin in Summer 2022 with completion scheduled for Fall 2022.

DISCUSSION/ANALYSIS: During the design phase of the project, staff determined that a number of scope changes were needed to fully and effectively correct the current drainage problem. These changes included the following: 1) extending the length of storm drain pipe to be replaced and 2) replacing or rehabilitating a number of storm drain manholes.

Bid Results: Bids for this project were opened on April 5, 2022. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $805,000.

Bidder Bid Amount

1. C2R Engineering, Inc. $ 926,830

2. Casey Construction, Inc. $ 997,160

3. Devaney Engineering, Inc. $1,137,500

4. Kerex Engineering, Inc. $1,144,100

5. WR Forde Associates, Inc. $1,157,895

6. McGuire and Hester $1,161,380

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Staff Report (ID # 4580) Meeting of May 10, 2022
Updated: 5/4/2022 3:06 PM by Alberto Quintanilla Page 2

7. Cratus, Inc. $1,210,700

8. California Trenchless, Inc. $1,224,450

9. Basset Engineering $1,282,464

10. Con-Quest Contractors, Inc. $1,393,460

The low bidder for this project, C2R Engineering, 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 this nature with other nearby local agencies.

Project Costs and Funding:

Estimated Project Costs
Preliminary Engineering, Design and Project Management $ 325,121 Construction Cost (Lowest Responsible Bid) $ 926,830
Construction Inspection, Surveying and Administration (20%) $ 185,366 Construction Contingency (10%) $ 92,683
Total Estimated Project Costs $ 1,530,000

Source of Funding:

Currently Budgeted
PWC 8988 – Fund 131 – State Gas Tax 2107 $ 137,395
PWC 8988 – Fund 136 – HUTA State Gas Tax $ 462,605

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Staff Report (ID # 4580) Meeting of May 10, 2022
Updated: 5/4/2022 3:06 PM by Alberto Quintanilla Page 3 Proposed Additional Funding
PWC 7926 – Fund 136 – HUTA State Gas Tax $ 450,000
PWC 8740 – Fund 136 – HUTA State Gas Tax $ 350,000
PWC 8101 – Fund 136 – HUTA State Gas Tax $ 130,000

Total Estimated Available Funding $ 1,530,000

FISCAL IMPACT: Additional funding is needed to complete the construction of the project.

The increase in project cost is a result of the scope changes discussed above and the current increase in transportation, material and fuel costs. Staff recommends reallocating $450,000 from Citywide Miscellaneous Drainage (PWC 7926) in Fund 136-HUTA State Gas Tax, $350,000 from the Tupelo Street Storm Drain Repair (PWC 8740) in Fund 136 – HUTA State Gas Tax, and $130,000 from CIP Cost & Scope Contingency (PWC 8101) in Fund 136- HUTA State Gas Tax. The Tupelo Storm Drain Repair Project was previously funded in the CIP due to a pipe alignment issue which caused flooding on Tupelo Street. However, due to work subsequently completed in the area by the Alameda County Flood Control District, the flooding issue on Tupelo Street appears to have been resolved. Staff will continue to monitor the drainage situation on Tupelo Street and request funding for this project if needed in the future.

With the recommended additional reallocation of funds to the project, there will be sufficient funds available for the estimated project cost.

ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15301, Class 1(c) as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently exists.

ATTACHMENTS: None.

RECOMMENDATION: That the City Council take the following actions related to the Parkmeadow Drive Storm Drain Replacement Project (PWC 8988):

2. Approve the plans and specifications for the project.

4. Reallocate $450,000 from PWC 7926-136 and appropriate it to PWC 8988-136.

5. Reallocate $350,000 from PWC 8740-136 and appropriate it to PWC 8988-136.

6. Reallocate $130,000 from PWC 8101-136 and appropriate it to PWC 8988-136.

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Fremont City Council Meeting: 05/10/22 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4602) DOC ID: 4602
Updated: 5/6/2022 9:17 AM by Alberto Quintanilla Page 1 FREMONT FIRE DEPARTMENT’S REPORT REGARDING PERFORMANCE OF ANNUAL FIRE INSPECTIONS - Adopt A Resolution Acknowledging the Fremont Fire Department’s Report Regarding Performance of Annual Fire Inspections Pursuant to Sections 13146.2 And 13146.3 of California Health and Safety Code Contact Persons:

Name: Jay Swardenski Curtis Jacobson
Title: Fire Marshal Fire Chief
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

Executive Summar y: This report provides a review of the Fire Department’s efforts to meet its annual Educational and Residential inspection obligations and recommends City Council adopt of a resolution acknowledging the City of Fremont Fire Department’s report regarding performance of annual fire inspections pursuant to sections 13146.2 and 13146.3 of California Health and Safety Code.

BACKGROUND: California Senate Bill 1205 (SB 1205) was signed into law on September 27, 2018, after the tragic Ghost Ship Fire (December 2016) brought national attention to California and put a spotlight on fire safety laws as well as the performance of fire inspections. This law amends preceding law such that an annual report on state mandated inspections is now required to be submitted to the governing body of each jurisdiction having authority for inspections. The law also requires the report to be delivered when the administering authority discusses its annual budget and receipt of the report must be acknowledged in a resolution or similar formal document.

State mandated inspections were enacted by the California Health & Safety Code Sections 13146.2 and 13146.3 and requires all fire departments that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards. The California Health & Safety Code Sections 13146.2 and 13146.3 did not require fire departments to report or demonstrate compliance as the new law (SB 1205) does.

Although there are no penalties identified in the law, adoption of this resolution will establish the City of Fremont’s intent to fulfill the requirements of SB 1205 by acknowledging the Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3, which identifies the state mandated inspections above and further described below.

DISCUSSION/ANALYSIS: Public and private schools are generally classified as Educational Group E occupancies. They are schools used by more than six persons at any one time, for educational purposes through the 12th grade. Within the City of Fremont, there are currently 185 Group E occupancies, buildings, structures and facilities.

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Staff Report (ID # 4602) Meeting of May 10, 2022
Updated: 5/6/2022 9:17 AM by Alberto Quintanilla Page 2

During calendar year 2021, the Fremont Fire Department completed annual inspections of 75 Group E occupancies, buildings, structures and facilities. This represents a compliance rate of nearly 41%.

Preschools are also included within this Group E category. During the continued challenges presented by the Covid-19 pandemic, many preschools remained closed or were not able to be inspected due to health and safety concerns. This limitation was the main factor contributing to the lower performance within the Group E occupancies.

While the prior year found most schools to be closed due to the pandemic, 2021-22 saw a much-anticipated reopening. Fremont Fire Prevention placed a high priority on Kindergarten through 12th grade schools and was able to conduct initial inspections on all private and Fremont Unified School District facilities. Our inspectors found deficiencies in nearly all schools and are continuing to enforce correction notices well into the 2022 calendar year.

Our efforts to catch up from 2020 also contributed to our performance challenges within this category.

Hotels, motels, apartments (three units or more), and other residential occupancies that contain sleeping units (including some residential care facilities) are generally clas sified as Residential Group R occupancies. The residential care facilities have various sub- classifications and may contain residents or clients that have a range of needs, such as, custodial care, mobility impairments, cognitive disabilities, and more. The residents may also be non-ambulatory. Within the City of Fremont, there are 371 Group R (and their associated sub-categories) occupancies in our program.

During calendar year 2021, the Fremont Fire Department conducted an annual inspection of 328 Group R occupancies, buildings, structures and facilities. This is a compliance rate of 88%. We had more success performing RVI’s and a higher number select in-person inspections with the Group R occupancies.

We continue to see and anticipate substantial growth in the number of condominium and apartment complexes in Fremont as the Warm Springs-South Fremont builds out and similar in-fill development enter our overall rolls.

Hospitals, Nursing Homes, Psychiatric Hospitals, Courthouse Holding Facilities, and Jails are generally classified as Institutional Group I occupancies. Group I occupancies also have various subgroups associated with their classification, which are based on the number, capability, type and duration of care provided to a facility’s clients. Although reporting was not specifically required under SB1205, there are currently 20 Group I occupancies, buildings, structures and facilities within the City of Fremont, all of which are currently being inspected within their respective two or three-year cycles.

While our efforts to increase overall performance and compliance with State mandates over the last several years had us trending upward, the Department’s compliance rate of mandated inspections for calendar year 2021 was again below both our goals and our obligations. Catching up, coupled with the ramp up of required residential (R) inspections in Warm Springs, Downtown and throughout Fremont, we will again need to consider options to increase our Fire Prevention inspection capacity in the next 12-18 months. Also adding to the 2021 staffing challenges was the retirement of one Senior Fire Inspector. With that,

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Staff Report (ID # 4602) Meeting of May 10, 2022
Updated: 5/6/2022 9:17 AM by Alberto Quintanilla Page 3 personnel have stepped up to act above grade and have assisted with our Hazardous Materials Inspections as needed. Navigating through these staffing challenges must again include reallocating existing Fire department staff positions to the Prevention Bureau (which we successfully piloted in 2020), securing part time or contract labor via a consulting agreement, or adding a new permanent, operationally focused, position within the Fire Prevention Bureau.

FISCAL IMPACT: None

ENVIRONMENTAL REVIEW: None

ATTACHMENTS:
• Draft Reso FFD Performance of Annual Fire Inspections

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Resolution 2022-XX Page 1 of 2 DRAFT

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

ACKNOWLEDGING RECEIPT OF ANNUAL REPORT FROM THE FIRE

CHIEF OF THE FREMONT FIRE DEPARTMENT REGARDING

INSPECTION OF BUILDING OCCUPANCIES REQUIRED TO BE
PERFORMED PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE

CALIFORNIA HEALTH AND SAFETY CODE

WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; ands

WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 require all fire departments, including the Fremont Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and

WHEREAS, California Health & Safety Code Section 13146.2 requires all fire departments that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and

WHEREAS, the City Council of the City of Fremont intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Fremont Fire Department’s compliance with California Health and Sections 13146.2 and 13146.3.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT:

SECTION 1. The City Council acknowledges the measure of compliance of the Fremont Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3, in the area encompassed by the City of Fremont, as set forth in this resolution and the accompanying staff report received by the City Council at its May 10, 2022 meeting.

SECTION 2. EDUCATIONAL GROUP E OCCUPANCIES: Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City of Fremont, there are currently 185 Group E occupancies, buildings, structures and/or facilities. During calendar year 2021, the Fremont Fire Department completed or initiated the annual inspection of 75 Group E occupancies, buildings, structures and/or facilities. This reflects a compliance rate of 41% for this reporting period.

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Attachment: Draft Reso FFD Performance of Annual Fire Inspections (4602 : ADOPT A RESOLUTION ACKNOWLEDGING THE FREMONT FIRE

Resolution 2022-XX Page 2 of 2

SECTION 3. RESIDENTIAL GROUP R OCCUPANCIES: Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. Within the City of Fremont, there are currently 371 Group R (and their associated sub-categories) occupancies of this nature.

SECTION 4. During calendar year 2021, the Fremont Fire Department completed or initiated the annual inspection of 328 Group R occupancies, buildings, structures and/or facilities. This reflects a compliance rate of 88% for this reporting period. Additional items of note regarding this compliance rate can be found in the accompanying staff report for this resolution.

SECTION 5. This resolution shall become effective immediately upon adoption.

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

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Attachment: Draft Reso FFD Performance of Annual Fire Inspections (4602 : ADOPT A RESOLUTION ACKNOWLEDGING THE FREMONT FIRE Fremont City Council Meeting: 05/10/22 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4595) DOC ID: 4595
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 1 OUTDOOR COMMERCIAL PATIO ORDINANCE – Public Hearing (Published Notice) To Consider The Planning Commission’s Recommendation To Adopt An Ordinance Amending Title 12, Chapter 12.05 (Encroachments To Streets And Sidewalks) And Title 18, Chapters 18.25 (Definitions) And 18.190 (Special Provisions Applying To Miscellaneous Uses), To Allow Outdoor Commercial Patios On City-Owned And Private Property; and to Adopt a Resolution to Amend the Master Fee Schedule to Rename the Sidewalk Dining Permit Fee to the Outdoor Commercial Patio Permit Fee; and to Consider a Finding That The Actions Are Exempt From The Requirements Of The California Environmental Quality Act (CEQA) Per, Each As A Separate And Independent Basis, (1) CEQA Guidelines Section 15061(B)(3) In That It Can Be Seen With Certainty That There Is No Possibility That The Proposed Actions Will Have The Potential For Causing A Significant Effect On The Environment, And Are Not Subject To CEQA Review, And (2) CEQA Guidelines Section 15183, As The Proposed Amendments Are Consistent With The General Plan For Which An EIR Was Previous Prepared And Certified, And None Of The Circumstances Necessitating Preparation Of A Subsequent EIR Pursuant To CEQA Guidelines Section 15162 Are Present.

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]

Executive Summary: Since June 2020, the City of Fremont’s Pop Up Patio (PUP) program has given Fremont businesses a straight-forward permitting process to enable their temporary expansion into outdoor spaces. Given that the PUP program has been well received by local businesses and helped to facilitate economic recovery, staff propose allowing “outdoor commercial patios” on a permanent basis. Staff is proposing to repeal the City’s antiquated sidewalk dining ordinance [Fremont Municipal Code (FMC) Section

18.190.510] and replace it with an ordinance authorizing outdoor commercial patios. The new ordinance, which has been recommended for approval by the Planning Commission, would create a ministerial permitting process through which qualifying businesses could create outdoor commercial patio areas within on-street parking spaces, sidewalks, and/or private property.

BACKGROUND: On June 15, 2020, staff launched the PUP program to allow businesses to develop and operate temporary outdoor patio areas, in order to comply with Alameda County Health Department r egulations to limit the spread of COVID -19. City Council was advised of the PUP program at the time of its inception, although no Council action was needed to initiate the program because PUP permits are issued pursuant to the City’s existing Special Event s Permit procedures in FMC Chapter 12.25 (Special Events and Parades). PUP permits may be issued for the development of three different types of patios.

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Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 2 First, businesses with entrances on a public sidewalk can create outdoor patios on the sidewalk. Second, businesses with frontage on a public street can create patios within public on-street parking spaces. Finally, businesses with private parking lots or businesses that are located within shopping centers can create patios on private property within parkin g spaces, expanded walkways, and plazas. While the PUP program initially only allowed outdoor dining, it was expanded during the latter part of 2020 to also accommodate fitness studios, personal services, and educational services as those businesses were a lso allowed to re - open outdoors.

To date, 70 businesses have received permits through the PUP program. Approximately two-thirds of permittees are restaurants, while the remaining one -third consists of personal services businesses (20% of total), bars (6% ), fitness uses (4%), and educational services (3%). Nearly all patios are located on private property. Only three businesses received permits to operate on the public sidewalk, and three businesses received permits to operate within on-street parking spaces on a public street.

Permits issued through the PUP program are currently set to expire 60 days after the termination of the County’s local emergency declared in response to COVID -19. In a survey to businesses in November 2021 discussed further in the p aragraphs below, over 40% of respondents indicated that they had closed their patio. The reauthorization of indoor services was cited as the primary reason for patio closures. However, more than 90% of respondents whose patios were open indicated that they would like to keep their patio for another year or longer. Adopting permanent outdoor regulations at this time would help provide additional certainty to businesses interested in operating their patios long -term. In addition, general community feedback ha s been positive about the increased level of outdoor activity in commercial areas.

Outreach to Businesses
Staff distributed a survey to PUP permit holders between November 17, 2021 and December 6, 2021. The survey asked for businesses to provide feedback on their experiences with the PUP program and give input on potential long -term patio regulations. The survey received 21 responses, representing approximately 30% of permittees.

The first portion of the survey asked businesses to provide feedback on th eir experiences with the PUP program. Notably, 100% of businesses indicated that they were satisfied with the program. Program highlights that were well -received by applicants included the straightforward application form and fast application turn-around (48 business hours).

The second portion of the survey listed proposed long -term regulations and asked respondents to quantify what type of impact the regulation would have on their business.

Selecting a “Substantial” impact would indicate that the busines s would choose to shut down their patio over having to comply with that regulation, while “Moderate” and “Minimal” impacts indicated a lesser degree of financial or physical impact. “No impact” indicated that the regulation either wouldn’t apply to the pat io or that it would not have any effects because the patio already complied with the rule. Chart 1 shows the responses to these questions in the order of least “Substantial” impacts (left) to most “Substantial” impacts (right).

Chart 1: Impact of potential long-term patio regulations.

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Staff Report (ID # 4595) Meeting of May 10, 2022
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After reviewing the results of the survey, staff developed an initial proposal for long -term patio regulations. Staff then held two webinars for the business community on February 7, 2022 and February 10, 2022 to present the draft proposal. The webinars were advertised through emails to the PUP permittee email list, posts to City social media accounts, and on the PUP program website. Additionally, staff identified eighteen permittees that were most likely to be impacted by the proposed regulations and made individual phone calls to those businesses to let them know about the webinars. A total of 10 individuals attended the webinars, including PUP permittees and representatives from the Chamber of Commerce and Centerville Bu siness and Community Association (CBCA). Feedback provided at the webinars was favorable towards staff’s proposal. The ordinance that staff is proposing for adoption is consistent with the initial concepts that were discussed during the webinars.

Models for Long-Term Outdoor Commercial Spaces
Several other jurisdictions in the Bay Area have already developed programs and regulations regarding outdoor commercial activity. Most programs within the Bay Area focus on on-street patios within an urban environment.

If adopted, Fremont’s program would be one of the first focused on facilitating outdoor commercial patio development primarily on private property. The proposed single - application, low -barrier permit process, as described later in this staff report, would also make Fremont’s program one of the most small -business-friendly programs in the Bay Area.

An overview of programs and actions recently taken related to parklets in other cities is provided below for comparison:

City Program Description Permit Cost
San
Francisco
San Francisco has phased in regulations for permanent
patio development since August 2021. Regulations and
fees vary based on whether parklets are open to the
public or for business customers only. Patios are
typically limited to two on -street parking spaces.

Applicants are required to undergo a 30 -day staff
review, post a 10 -day public notice at the proposed
site, and (in some cases) attend a public hearing on the permit application.

For small-business
private patios:
$1,500 for the first
parking space;
$750 for a second
space; plus $1,000
per parking space
per year

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Burlingame As of April 1, 2022, Burlingame has increased rental fees and cleaning fees applicable to temporary parklets, which are located on the street in its downtown dis trict.

Additional design standards for the parklets are also
forthcoming. Staff indicated that these future design
guidelines are likely to include a prohibition on orange safety barriers and a requirement that the floor that is level with the sidewalk.
$431 permit fee;
plus $1,500/year
space rental
charge; plus $250
monthly cleaning
fee
Los Altos Los Altos adopted a parklet program as of November 2021. The program requires that businesses choose
from two approved parklet design templates. The
program also institutes additional design guidelines for customizable portions of the parklets. The permanent
parklet permit must be renewed by the business every
year. The new program will go into effect at the
conclusion of the local emergency declaration (specific date TBD).

$500, plus
$100/year annual
renewal fee
San Mateo San Mateo’s Permanent Parklet Program was adopted in 2021. The program allows parklets in commercial
districts along the curb -side on public streets. A
maximum of two parallel parking spaces o r four
perpendicular spaces may be used for each parklet
without regard for parking requirements. Parklets are
required to be flush with the sidewalk through provision of a raised platform. Roofs, trellises, and tent shade
structures are not permitted. Mat erials must be durable but there are no stated color, design, or aesthetic
requirements. All temporary pandemic parklets must
have received a Permanent Parklet Permit by April 30,
2022 to continue operations.

$500, plus
$250/year per
parking space
Fremont
(proposed)
Fremont’s proposed program would allow outdoor
commercial patios throughout the city on private and
public property. A maximum of four parking spaces or
750 sqft could be used for a patio. Businesses would
choose from an approved list of accessibility and barrier designs; however, in other areas, businesses would
have significant design flexibility. Existing Pop Up Patios would have until December 31, 2022 to receive a
permanent patio permit in order ensure full compliance with required regulations.

$500 one-time fee

Planning Commission Public Hearing
The Planning Commission considered the proposed zoning text amendments at their April 14, 2022 meeting. During the meeting, Commissioners discussed the locations of existing on-street patios within the City and the neighborhoods where additional on-street patios

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Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 5 would be most appropriate. Commissioners also discussed the need to balance the desire for well-designed, aesthetically-pleasing long-term patios with the potentially substantial upgrade costs that such requirements may impose on businesses. There was a particular focus on the safety and appearance of tents used within patios. The Commission voted 4 -1 to recommend the proposed ordinance, without changes, to Council.

PROPOSED AMENDMENTS: The proposed text amendments would repeal the City’s current sidewalk dining ordinance (FMC Section 18.190.510) and replace it with an ordinance authorizing “outdoor commercial patios” as previously allowed on a temporary basis through the City’s PUP program. Specifically, the text amendments would create a ministerial permitting process through which qualifying businesses could create outdoor commercial patio areas within on-street parking spaces, sidewalks, and/or private property.

The amendments would update FMC Title 12 (Streets, Sidewalks, and Public Property) and FMC Title 18 (Planning and Zoning), as follows:

FMC Section
or Subsection
Section Title Description
Amendment of Section 12.05.080, Exemptions [to Encroachment Permit Requirements]

12.05.080(i) Exemptions Clarifies that an encroachment permit is not required for an outdoor commercial patio

Addition of Section 18.25.2185

18.25.2185 Outdoor commercial
patio
Defines “outdoor commercial patio”

Repeal of Section 18.190.510, Sidewalk Dining
Repeals current sidewalk dining ordinance. Sidewalk dining standards are incorporated into the new outdoor commercial patio ordinance.

Addition of Section 18.190.412, Outdoor Commercial Patios

18.190.412(a) Purpose and Intent Connects code section to definition of outdoor commercial patios in FMC 18.25.2185

18.190.412(b) Allowance Allows outdoor commercial patios in conjunction with an existing and properly permitted business.

Prohibits outdoor commercial patios established
in conjunction with:
• Adult-oriented businesses
• Firearms dealers and gunsmiths
• Head shops and retail tobacco stores
• Pawn shops
• Massage establishments
• Any business that operates under a
Zoning Administrator Permit or
Conditional Use Permit, unless authorized
through an Amendment to that permit.

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18.190.412(c) Procedure Establishes a ministerial permitting procedure and submittal requirements. Specifies that the
permit runs with the operating business rather
than with the land. Sets expiration date for
existing PUP permits as December 31, 2022.

18.190.412(d) Operational
Standards Applicable
to All Outdoor
Commercial Patios
Establishes standards for the operation of
outdoor commercial patios to limit impacts on
adjacent users and ensure patios are maintained
in a neat, orderly condition.

18.190.412(e) Development
Standards Applicable
to All Outdoor
Commercial Patios.

Establishes low-barrier development standards
applicable to all outdoor commercial patios:
• Patios must comply with the requirements
of the California Fire and Building Codes
• Patios must be less than 750 sqft in area
• Patios shall be located immediately
adjacent to the associated business
• Patios shall not obstruct pedestrian travel
• Patios shall not conflict with utilities
• Barriers constructed in association with
the patio shall be selected from a list of
approved barriers maintained by the
Department of Public Works

18.190.412(f) Additional
Development
Standards Applicable
to Outdoor
Commercial Patios in
Private Parking Lots.

Adds two additional standards for patios within
private parking lots:
• No replacement parking is required
• Maximum size is four parking spaces
• Drive aisles shall not be converted into
outdoor commercial patios

18.190.412(g) Additional
Development
Standards Applicable
to Outdoor
Commercial Patios
on City Sidewalks.

Adds two additional standards for patios on city
sidewalks:
• Prohibits patios within street corner
locations to preserve line-of-sight
• Prohibits permanent attachments

18.190.412(h) Additional
Development
Standards Applicable
to Outdoor
Commercial Patios
within On-Street
Parking Spaces.

Adds seven additional standards for patios within
on-street parking spaces:
• Patios shall not interfere with traffic
• Patios shall not interfere with fire safety
infrastructure (hydrants, lanes, etc.)
• Patios shall be set back at least 20 feet
from the street corner
• Patios shall be located on a street with a
running slope of 5% or less
• Patios shall be located at least 10 feet

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Staff Report (ID # 4595) Meeting of May 10, 2022
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• Prohibits permanent attachments

18.190.412(i) Additional Standards
for Outdoor
Commercial Patios
with Alcoholic
Beverage Service.

Establishes standards for the operation of patios
with alcoholic beverage services in line with
requirements from the Department of Alcoholic
Beverage Control

18.190.412(j) Suspension of
Permits on Public
Property
Allows temporary suspension of permits with
notice on public property due to special events,
street repairs/modifications, and emergencies.

18.190.412(k) Violation of
Conditions on Public
Property
Allows the City to correct violations of the
ordinance on public property at the expense of
the applicant.

18.190.412(l) Right to Modify or
Revoke
Specifies that permits may be revoked or
modified in the following circumstances:
• The patio violates the operational or
development standards in the ordinance
• The associated business is unable to
control patrons using the outdoor patio
• The patio interferes with the sidewalk or
street
• The patio causes adverse economic
impacts on nearby property

18.190.412(m) Encroachment
Permit Not Required
Clarifies an encroachment permit is not required
for an outdoor commercial patio.

Comparison to Temporary Pop Up Patio Regulations
Most of the businesses expected to request an outdoor commercial patio already have an approved Pop Up Patio permit from the City. The proposed regulations are largely consistent with those regulations already applied to the temporary Pop Up Patios. There would be two areas of substantial changes to strengthen the accessibility, safety, and aesthetics of patios that are allowed as a long-term permitted use.

First, Pop Up Patios are considered temporary uses that are exempt from many Building and Fire Code requirements. Patios permitted through the outdoor commercial patio ordinance would be able to remain on-site long-term, so temporary regulations cannot be maintained.

Outdoor commercial patios permitted through the ordinance would be required to comply with the requirements for permanent uses in the Building and Fire Codes.

Second, under the current Pop Up Patio pilot program, staff allows substantial flexibility in the type and appearance of barriers. Businesses can use temporary materials that would not typically be permitted by the Citywide Design Guidelines, including chain -link fencing and orange molded plastic k-rails. In allowing outdoor patios on a more permanent basis,

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Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 8 staff are proposing that the permitted barriers have a higher-quality appearance such as wood or metal fencing, wooden pallets, decorative planters, or decorative k-rails.

A line-by-line breakdown of how the proposed ordinance compares to existing Pop Up Patio regulations can be found in Informational Item #1.

Implementation Proposal
Staff is proposing that temporary Pop-Up Patio permits would remain in effect through December 31, 2022. This would provide an approximately seven-month “transition period” for businesses with an existing Pop Up Patio Permit to work towards obtaining an Outdoor Commercial Patio Permit.

To help offset the City’s multidisciplinary permit review costs, Staff is propos ing that City Council authorize a one-time $500 fee for the Outdoor Commercial Patio Permit applications, which is in-line with the $500 fee that is currently assessed for a Sidewalk Dining Permit. Staff anticipates that the $500 outdoor commercial patio permit fee would, on average, recover the cost of staff time associated with the review of outdoor commercial patio permits.

To further incentivize the development of outdoor commercial patios and aid businesses with the recovery from the pandemic, staff is proposing to administratively reallocate $40,000 of Community Development Block Grant (CDBG) CARES Act Funding to provide fee reimbursements to businesses that receive patio permits under this new program. Under this proposal, a business issued an Outdoor Commercial Patio Permit prior to December 31, 2022 could apply for a reimbursement of the $500 permit fee.

PROJECT ANALYSIS: In addition to supporting the Council’s goal of revitalizing commercial districts, the proposed amendments would be consistent with the General Plan and the following policies and implementation measure contained in the Land Use and Economic Development Elements:

Land Use Policy 2-1.10: Pedestrian Scale
Create a more pedestrian-oriented environment in Fremont’s City Center, its five Town Centers, and the other Transit-Oriented Development areas shown on the General Plan Land Use Map. These areas should be characterized by:
• Convenient and continuous sidewalks, crosswalks, and walkways; • Easy access to transit;
• Comfortable outdoor spaces for pedestrian use; and
• Parking that is in structures or in shared lots to the rear of buildings rather than between buildings and the streets they face.

Land Use Policy 2-4.9: Making Shopping Centers More Pedestrian Friendly Support the transformation of auto-oriented shopping centers—currently characterized by retail strips surrounded by large surface parking lots—into more pedestrian-oriented centers. The City aspires to create more contemporary “Main Street” shopping environments, with wide sidewalks, pedestrian crosswalks, transparent storefronts for window shopping, varied facades, awnings, attractive street furniture, public art, landscaping and street trees, decorative street lighting, and pedestrian-scaled signage.

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Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 9 Land Use Policy 2-4.10: Activating Commercial Centers
Encourage uses and activities in commercial centers which generate foot traffic, create a stronger sense of place, and bring life to outdoor spaces.

Land Use Implementation Measure 2-4.10.A: Outdoor Dining Review development regulations to identify, and where feasible remove, constraints to outdoor dining and sidewalk cafes, especially in the City Center and Town Center areas.

Economic Development Policy 6-1.2: Fremont as a Business-Friendly Community
Promote Fremont as a business-friendly community and location of choice for a broad range of business types. Offer programs that expedite permitting and create a supportive environment for local business to increase local employment and revenues.

The proposed zoning text amendment would create a streamlined permitting process to allow businesses to operate outdoor commercial patios. These patios would create a more pedestrian-scale environment by adding comfortable spaces for pedestrian use to shopping centers on private property and commercial centers within on-street parking spaces and public sidewalks. The patios would facilitate additional outdoor dining opportunities. The proposed zoning text amendment was developed with substantial input from businesses and would simplify the permitting process for applicants.

FINDINGS FOR APPROVAL: In accordance with FMC Chapter 18.225, amendments to the Zoning Ordinance must be heard by both the Planning Commission and City Council. The City Council must make the following findings listed in FMC Section 18.225.050:

• 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.

Analysis: The proposed amendments would be consistent with the General Plan Land Use and Economic Development Elements, as enumerated in the General Plan Conformance section of the staff report, and is consistent with the City Council’s adopted priorities to support economic development and increase the vitality of commercial corridors.

• The proposed amendment furthers the public interest, convenience, and general welfare of the city.

Analysis: The proposed amendments would further the public interest, convenience and general welfare of the City by facilitating outdoor commercial activity within aesthetic and safe outdoor areas. The proposed ordinance would facilitate the development of outdoor commercial patios that improve the economic vitality of shopping centers and town center areas. The proposed ordinance includes objective performance standards that all applicants must follow in order to ensure that outdoor commercial patios do not have any off-site impacts on the welfare of adjacent uses.

The Fremont Fire Department and Public Works Department have reviewed the

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Staff Report (ID # 4595) Meeting of May 10, 2022
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FISCAL IMPACT: The City’s Development Services Center operates on a cost-recovery basis, in that the City recovers costs for time spent reviewing projects through fees and deposits paid by project applicants. Staff anticipates that the $500 outdoor commercial patio permit fee would, on average, recover the cost of staff time associated with the review of outdoor commercial patio permits.

Staff is additionally proposing to reallocate $40,000 of Community Development Block Grant (CDBG) CARES Act Funding to provide fee reimbursements to businesses that receive patio permits before December 31, 2022. This money is specifically earmarked for economic recovery efforts and therefore providing reimbursement would not result in any fiscal impact to the City.

ENVIRONMENTAL REVIEW: The proposed actions are exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15061(b)(3) in that the actions do not have the potential to cause a significant effect on the environment, and are not subject to CEQA review; and (2) CEQA Guidelines Section 15183, as a project consistent with the development densities and policies in the general plan and existing zoning and which does not involve any peculiar significant effects that were not previously analyzed or discussed as significant effects in prior EIRs on the General Plan (SCH#2010082060) with which the project is consistent.

The proposed ordinance would facilitate the continuation of existing outdoor commercial patios permitted under the COVID-19 pandemic emergency on a long-term basis. The ordinance would implement additional development and operational standards, which seek to minimize any effects on adjacent users and the environment. Any specific impact of the proposed amendments on the development of new outdoor commercial patios would be too speculative for reasoned analysis in the absence of an exact development proposal. All future development proposals would be required to comply with the objective permitting standards in the proposed ordinance. The recommended amendment to the Master Fee Schedule is not a “project” subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is a government fiscal activity that does not involve a commitment to any specific project which may result in a potentially significant impact on the environment, it is a continuing administrative activity of the City, and is as it can be seen with certainty that there is no possibility that the renaming of the fee may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3) .

Furthermore, the proposed amendments are part of the project analyzed in the General Plan EIR and none of the circumstances necessitating preparation of a subsequent EIR pursuant to CEQA Guidelines Section 15162 are present. The proposed amendments are consistent with General Plan policies to encourage pedestrian-oriented commercial activity, including outdoor dining. The primary operations of the associated businesses would not change, and the use of limited additional outdoor space would not have any new effects that were not previously analyzed in the operation of these sites as analyzed in the General Plan EIR.

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Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 11 ATTACHMENTS:
• Exhibit A - Draft Outdoor Commercial Patio Ordinance
• Exhibit B - Resolution to Amend the Master Fee Schedule • Informational Item1 - Summary of Proposed Changes from PUP Program • Informational Item 2 - Draft Guidebook
• Informational Item 3 - Letters Of Support

RECOMMENDATION:

1. Hold public hearing.

3. Find that the proposed amendments are consistent with the General Plan, including the Land Use and Economic Development Element policies and implementation measures discussed in the staff report.

5. Waive full reading and introduce an ordinance approving amendments to FMC Title 12 (Streets, Sidewalks, and Public Property) and FMC Title 18 (Planning and Zoning).

6. Direct staff to document the above written findings and recommendation of the Commission to the City Council and to prepare, and the City Clerk to publish, a summary of the ordinance.

7. Adopt a resolution amending the Master Fee Schedule to delete the Sidewalk Dining Permit fee and add an Outdoor Commercial Patio Permit fee.

8. Direct staff to reallocate $40,000 of Community Development Block Grant (CDBG) CARES Act Funding to provide fee reimbursements to businesses that receive patio permits before December 31, 2022.

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DRAFT

ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY OF FREMONT AMENDING CHAPTER 12.05 (ENCROACHMENTS TO STREETS AND SIDEWALKS) UNDER FREMONT
MUNICIPAL CODE (FMC) TITLE 12 (STREETS, SIDEWALKS, AND PUBLIC PROPERTY) AND CHAPTER 18.25 (DEFINITIONS) AND CHAPTER 18.190 (SPECIAL PROVISIONS APPLYING TO MISCELLANEOUS USES) UNDER FMC TITLE 18 (PLANNING AND ZONING) TO SIMPLIFY THE APPLICATION PROCESS,

DEVELOPMENT STANDARDS, AND OPERATIONAL REQUIREMENTS FOR

OUTDOOR COMMERCIAL PATIOS ON CITY-OWNED AND PRIVATE PROPERTY (PLN2022-00315)

THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. FMC § 12.05.080, AMENDED:

Fremont Municipal Code Section 12.05.080(i) is amended as follows:

(i) Activities for which a sidewalk dining an outdoor commercial patio permit has been issued pursuant to Section 18.190.510412.

SECTION 2. FMC § 18.25.2185, ADDED:

Fremont Municipal Code Section 18.25.2185 is added as follows:

18.25.2185 Outdoor commercial patio
Outdoor commercial patio shall mean a designated area operated and maintained by a private business for the purposes of conducting business operations outdoors.

SECTION 3. FMC § 18.190.510, REPEALED.

Fremont Municipal Code Section 18.190.510 is repealed in full.

SECTION 4. FMC § 18.190.412, ADDED:

Fremont Municipal Code Section 18.190.412 is added as follows:

18.190.412 Outdoor commercial patios.

(a) Purpose and Applicability. The purpose of this section is to establish a streamlined permitting process and simplified standards for the establishment and operation of outdoor commercial patios, as defined in FMC 18.25.2185. Outdoor commercial patios may be located on private property, on public sidewalks, or within parking spaces on public streets.

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Attachment: Exhibit A - Draft Outdoor Commercial Patio Ordinance (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE)

(b) Allowance. Outdoor commercial patios are a permitted use within any zoning district, provided that they are located in conjunction with an existing and properly permitted eating place, retail business, personal services establishment, or other similar use, except that in no case shall an outdoor commercial patio be established in conjunction with the following uses:

(1) Restricted retail businesses, including adult-oriented businesses, firearms dealers and gunsmiths, head shops, pawn shops, and retail tobacco stores.

(2) Massage establishments.

(3) Any business that operates under a zoning administrator permit or conditional use permit. Such businesses shall apply for outdoor operations through the applicable use permit amendment process specified in Section 18.275.090 for zoning administrator permits and Section 18.230.090 for conditional use permits, rather than through this section. Applications for a use permit amendment shall be reviewed pursuant to the requirements of this section in addition to all otherwise applicable codes.

(c) Procedure. An outdoor commercial patio shall not be established or maintained unless an approved outdoor commercial patio permit has been issued and is in full force and effect.

(1) Submittal Requirements. The application for an outdoor commercial patio permit shall be submitted on a form prescribed for that purpose by the city. The application shall include all required fees and all information and materials required by the city.

Applications involving outdoor commercial patios on private property may only be filed with the written consent of the property owner.

(2) Ministerial Approval. The zoning administrator or designee shall approve an application for a ministerial outdoor commercial patio permit when the applicant has demonstrated that they would meet all standards of this section.

(3) Approvals Run with Operator. The outdoor commercial patio permit shall run with the operator of the patio. In the case that the original operating business ceases operations and a new business wishes to operate the patio, that new business shall apply for a new outdoor commercial patio permit pursuant to this section.

(4) Existing Temporary Patios. Existing temporary patios permitted through the City’s Special Events Permit process pursuant to FMC Chapter 12.25 shall be permitted to operate through December 31, 2022, at which point they shall cease operations.

(d) Operational Standards Applicable to All Outdoor Commercial Patios.

(1) The applicant must maintain the outdoor commercial patio and any adjacent parking areas, streets, curb, gutter, and sidewalk in a neat, clean and orderly condition at all times.

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Attachment: Exhibit A - Draft Outdoor Commercial Patio Ordinance (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE)

(2) The business shall provide at least one each of trash, recycling, and compost receptacles to serve the outdoor commercial patio. Receptacle(s) that are located inside the business may meet this requirement if they are accessible to the general public, or if tables will be bussed for customers.

(3) Outdoor commercial patio furniture shall be removed daily after business hours, except that planters or other approved barriers may remain if they are unable to be easily removed.

(4) Customers using an outdoor commercial patio shall be granted access to use any indoor restroom facilities provided for customers inside the associated business.

Placement of portable toilets within an outdoor commercial patio is not permitted.

(5) Barbeques, grills, stoves, or other outdoor cooking appliances are not permitted for use within outdoor commercial patio areas. Portable outdoor heaters may be permitted.

(6) Outdoor commercial patios are subject to all otherwise established regulations regarding noise, including FMC Section 9.25 and FMC Section 18.188.

(e) Development Standards Applicable to All Outdoor Commercial Patios.

(1) Outdoor commercial patios, and any associated structures, portable heaters, and utility extensions, must comply with the requirements of the California Fire and Building Codes, including California Building Code, Title 24, Chapter 11B, as amended.

(2) Outdoor commercial patios shall not occupy the frontage of any business other than the sponsoring business, unless the applicant has obtained the written approval of any affected business owner where the proposed patio(s) directly front.

(3) The aggregate area of outdoor commercial patio space associated with a specific operator shall not exceed 750 square feet.

(4) The outdoor commercial patio shall not obstruct sidewalks, accessible paths of travel, or pedestrian pathways. Four-foot unobstructed clearance shall be maintained on any adjacent sidewalk or pedestrian pathway.

(5) The outdoor commercial patio shall not conflict with easements, obstruct access to storm inlets, manholes, utility access points, or above grade utility structures.

(6) Barriers constructed in association with an outdoor commercial patio shall be selected from a list of approved barriers administratively developed and maintained by the City of Fremont Department of Public Works.

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Attachment: Exhibit A - Draft Outdoor Commercial Patio Ordinance (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) (f) Additional Development Standards Applicable to Outdoor Commercial Patios in Private Parking Lots.

(1) Off-street parking spaces may be converted into an outdoor commercial patio without regard for the parking requirements for the associated use in FMC Section 18.183.

No additional parking is required for an outdoor commercial patio area.

(2) No more than four parking spaces shall be converted into an outdoor commercial patio.

(3) Drive aisles shall not be converted into outdoor commercial patios unless at the end of a parking module. In such cases, a turnaround space shall be provided for vehicles.

(g) Additional Development Standards Applicable to Outdoor Commercial Patios on City Sidewalks.

(1) Outdoor commercial patios shall not be permitted on sidewalks in street corner locations, which are those rectangular areas bounded on two sides by the curb line and on two sides defined by projecting lines, drawn at right angles to one another, from the corner point of the building to the curb line.

(2) No portion of the outdoor commercial patio shall be permanently attached to the sidewalk.

(h) Additional Development Standards Applicable to Outdoor Commercial Patios within On- Street Parking Spaces.

(1) The outdoor commercial patio shall not interfere with traffic. Obstruction of vehicle traffic lanes, bicycle lanes, or bus stops is prohibited.

(2) The outdoor commercial patio shall not interfere with fire safety infrastructure. The outdoor commercial patio shall not be located within 15 feet of a fire hydrant (30 feet total). The outdoor commercial patio shall not encroach upon a fire department access road or fire lane.

(3) The outdoor commercial patio shall be set back from the street corner by at least twenty feet, unless protected by a bulb-out or similar feature.

(4) The outdoor commercial patio shall be located on a street with a running slope of 5% or less.

(5) The outdoor commercial patio shall be located at least ten feet from a driveway opening.

(6) No portion of the outdoor commercial patio shall be permanently attached to the street.

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Attachment: Exhibit A - Draft Outdoor Commercial Patio Ordinance (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE)

(i) Additional Standards for Outdoor Commercial Patios with Alcoholic Beverage Service.

(1) A license shall be obtained from the Department of Alcoholic Beverage Control (ABC) prior to the operation of an outdoor commercial patio area serving alcoholic beverages and shall be maintained continuously as long as alcoholic beverages are served in the outdoor commercial patio area. Loss of such a license shall automatically constitute termination of the permit to serve alcoholic beverages in the outdoor commercial patio area.

(2) The outdoor commercial patio area shall be physically separated from adjacent areas by a barrier no greater than three feet and no less than 30 inches in height, unless a different barrier is mandated by state law.

(3) Signs shall be posted at the exterior exit from the outdoor commercial patio area notifying patrons that alcoholic beverages may not be removed from the premises.

(4) The capacity of the outdoor commercial patio area shall be limited to the number of approved seats.

(5) No bar shall be allowed in the outdoor commercial patio area.

(j) Suspension of Permits on Public Property. The zoning administrator shall have the right to suspend or prohibit the operation of an outdoor commercial patio area on city property due to anticipated or actual problems or conflicts in the use of such city property. Such problems or conflicts may arise from, but are not limited to scheduled festivals, parades, marches, and similar special events; repairs or modifications to the street, sidewalk, or other public facility; or from demonstrations or emergencies occurring in the area. To the extent possible, the city will give prior written notice of any time period during which the operation of the outdoor commercial patio area must be suspended.

(k) Violation of Conditions on Public Property. If an outdoor commercial patio within the public right-of-way fails to operate within the public-right-of-way as required in this section, such as by obstructing the public-right-of-way beyond their approved permit or failing to maintain the public right-of-way in a clean, neat, and orderly condition, the zoning administrator or designee shall direct the permittee to correct the violation by providing written notice. If the permittee fails to do so within the time period specified by the zoning administrator or designee, the zoning administrator or designee is entitled to immediately correct the violation, including the removal of furniture and/or appurtenances, at the expense of the permittee.

(l) Right to Modify or Revoke. The outdoor commercial patio permit may be revoked or modified subject to the procedures described in Chapter 18.330. In addition to the findings specified in Section 18.330.070(c), the permit may be revoked or modified if one of these additional findings is made:

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Attachment: Exhibit A - Draft Outdoor Commercial Patio Ordinance (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) (1) The outdoor commercial patio area is not operated as required in this section.

(2) The associated business is not able to control patrons within the outdoor patio to the extent that patrons demonstrate a pattern of behavior of loud, offensive, or abusive actions, the physical or verbal harassment of passersby, or removal of alcoholic beverages from the outdoor commercial patio area.

(3) The outdoor commercial patio area interferes with the public use of the sidewalk or street.

(4) Continuance of outdoor commercial patio pursuant to the permit would have a substantial adverse economic effect on nearby property or would adversely affect pedestrian circulation.

(m) Encroachment Permit Not Required. Issuance of an outdoor commercial patio permit under this section suspends, as to any activities authorized by the permit, the operation of Chapter

12.05 (Encroachments to Streets and Sidewalks) as said chapter pertains to right-of-way encroachments and encroachment permits.

SECTION 5. CEQA

The City Council finds that the proposed amendments to the Fremont Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, (1) CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the proposed amendments will have the potential for causing a significant effect on the environment, and are not subject to CEQA review, and (2) CEQA Guidelines Section 15183, as the proposed amendments are consistent with general plan policies and do not involve any peculiar significant effects that were not previously analyzed or discussed as significant effects in prior Environmental Impact Reports (EIRs) or the General Plan, with which the proposed amendments are consistent. None of the circumstances necessitating preparation of a subsequent EIR pursuant to CEQA Guidelines Section 15162 are present. The Community Development Director is directed to file a Notice of Determination within five working days of the date of adoption of this ordinance.

SECTION 6. 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 7. EFFECTIVE DATE

This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.

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Attachment: Exhibit A - Draft Outdoor Commercial Patio Ordinance (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) SECTION 8. 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.

* * *

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: APPROVED AS TO FORM:

__________________________________ ____________________________________ City Clerk City Attorney

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Attachment: Exhibit A - Draft Outdoor Commercial Patio Ordinance (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT AMENDING ARTICLE VII OF THE MASTER FEE SCHEDULE (RESOLUTION NO. 8672) REGARDING PLAN REVIEW FEES FOR OUTDOOR COMMERCIAL PATIO

PERMITS IN THE CITY OF FREMONT

WHEREAS, on March 1, 1994, the City Council adopted Resolution No. 8672, as amended from time to time, establishing the City’s Master Fee Schedule, fixing and establishing fees, rates and charges for goods and services provided by the City of Fremont; and

WHEREAS, the City’s Master Fee Schedule sets forth fees for specific services provided by the Community Development Department, including fees related to permit application review; and

WHEREAS, the fees established for these services are intended to cover but not exceed the City’s costs of providing the services; and

WHEREAS, Fremont Municipal Code (FMC) Section 18.310.010 authorizes the City Council to set permit fees for permit review by resolution; and

WHEREAS, the Community Development Department has repealed the antiquated sidewalk dining ordinance (FMC 18.190.510) and replaced it with an outdoor commercial patio ordinance (FMC 18.190.412) which contains standards for similar uses; and

WHEREAS, at the May 10, 2022 City Council meeting, the City Council received a staff report and considered any information and public comments received on this matter.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The Master Fee Schedule (Resolution No. No. 8672, as amended) is hereby amended by revising Article II, Section A to read as follows:

391.41000.3730 4. Sidewalk Dining Permit $500
391.41000.3730 4. Outdoor Commercial Patio Permit $500

SECTION 2. The Master Fee Schedule (as adopted by Resolution No. 8672, and as amended by this Resolution) shall be kept on file in the office of the City Clerk.

SECTION 3. This resolution shall be effective immediately upon adoption.

ADOPTED___________, 2022 by the City Council of the City of Fremont by the following vote:

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Attachment: Exhibit B - Resolution to Amend the Master Fee Schedule (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

__________________________________ __________________________________ City Clerk City Attorney

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Attachment: Exhibit B - Resolution to Amend the Master Fee Schedule (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) Comparison of Regulations in Proposed Ordinance and Regulations in Pop Up Patio Permit Process Regulation in Ordinance Change from PUP Permit
Process
Purpose and Applicability. The purpose of this section is to establish a streamlined permitting process and simplified standards for the establishment and operation of outdoor commercial patios, as defined in FMC 18.25.2185. Outdoor commercial patios may be located on private property, on public sidewalks, or within parking spaces on public streets.

No changes from PUP
permit process
Allowance. Outdoor commercial patios are a permitted use within any zoning district, provided that they are located in conjunction with an existing and properly permitted eating place, retail business, personal services establishment, or other similar use, except that in no case shall an outdoor commercial patio be established in conjunction with the following uses:
a. Restricted retail businesses, including adult-oriented businesses, firearms dealers and gunsmiths, head shops, pawn shops, and retail tobacco stores. b. Massage establishments.
c. Any business that operates under a zoning administrator permit or conditional use permit. Such businesses shall apply for outdoor operations through the applicable use permit amendment process specified in Section

18.275.090 for zoning administrator permits and Section 18.230.090 for conditional use permits, rather than through this section. Applications for a use permit amendment shall be reviewed pursuant to the requirements of this section in addition to all otherwise applicable codes.

New requirement for
businesses with a ZAP or
CUP in order to align with
City zoning requirements
Procedure. An outdoor commercial patio shall not be established or maintained unless an approved outdoor commercial patio permit has been issued and is in full force and effect.

No changes from PUP
permit process
Submittal Requirements. The application for an outdoor commercial patio permit shall be submitted on a form prescribed for that purpose by the city. The application shall include all required fees and all information and materials required by the city. Applications involving outdoor commercial patios on private property may only be filed with the written consent of the property owner.

No changes from PUP
permit process
Ministerial Approval. The zoning administrator or designee shall approve an application for a ministerial outdoor commercial patio permit when the applicant has demonstrated that they would meet all standards of this section.

No changes from PUP
permit process
Approvals Run with Operator. The outdoor commercial patio permit shall run with the operator of the patio. In the case that the original operating business ceases operations and a new business wishes to operate the patio, that new business shall apply for a new outdoor commercial patio permit pursuant to this section.

No changes from PUP
permit process
Existing Temporary Patios. Existing temporary patios permitted through the City’s Special Events Permit process pursuant to FMC Chapter 12.25 shall be permitted to operate through December 31, 2022, at which point they shall cease operations.

No changes from PUP
permit process
Operational Standards Applicable to All Outdoor Commercial Patios.

The applicant must maintain the outdoor commercial patio and any adjacent parking areas, streets, curb, gutter, and sidewalk in a neat, clean and orderly condition at all times.

No change from PUP
program
The business shall provide at least one each of trash, recycling, and compost receptacles to serve the outdoor commercial patio. Receptacle(s) that are located inside the business may meet this requirement if they are accessible to the general public, or if tables will be bussed for customers.

No change from PUP
program
Outdoor commercial patio furniture shall be removed daily after business hours, No change from PUP

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Attachment: Informational Item1 - Summary of Proposed Changes from PUP Program (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) except that planters or other approved barriers may remain if they are unable to be easily removed.
program
Customers using an outdoor commercial patio shall be granted access to use any indoor restroom facilities provided for customers inside the associated business.

Placement of portable toilets within an outdoor commercial patio is not permitted.

No change from PUP
program
Barbeques, grills, stoves, or other outdoor cooking appliances are not permitted for use within outdoor commercial patio areas. Portable outdoor heaters may be permitted.

No change from PUP
program
Outdoor commercial patios are subject to all otherwise established regulations regarding noise, including FMC Section 9.25 and FMC Section 18.188.

More permissive than PUP
program
Development Standards Applicable to All Outdoor Commercial Patios.

Outdoor commercial patios, and any associated structures, portable heaters, and utility extensions, must comply with the requirements of the California Fire and Building Codes, including California Building Code, Title 24, Chapter 11B, as amended.

New requirement due to
Building and Fire Code
requirements for permanent
installations
Outdoor commercial patios shall be generally located within the area fronting the associated business establishment. Such areas may be extended beyond the frontage only with the written approval of any affected business owner where the proposed patio(s) directly front.

No change from PUP
program
The aggregate area of outdoor commercial patio space associated with a specific operator shall not exceed 750 square feet.

New requirement due to
Building and Fire Code
rules for Assembly
occupancies
The outdoor commercial patio shall not obstruct sidewalks, accessible paths of travel, or pedestrian pathways. Four-foot unobstructed clearance shall be maintained on any adjacent sidewalk or pedestrian pathway.

No change from PUP
program
The outdoor commercial patio shall not conflict with easements, obstruct access to storm inlets, manholes, utility access points, or above grade utility structures.

No change from PUP
program
Barriers constructed in association with an outdoor commercial patio shall be selected from a list of approved barriers administratively developed and maintained by the City of Fremont Department of Public Works.

New requirement to
enhance patio aesthetics
Additional Development Standards Applicable to Outdoor Commercial Patios in Private Parking Lots.

Off-street parking spaces may be converted into an outdoor commercial patio without regard for the parking requirements for the associated use in FMC Section

18.183. No additional parking is required for an outdoor commercial patio area.

No change from PUP
program
No more than four parking spaces shall be converted into an outdoor commercial patio.

More permissive than PUP
program
Drive aisles shall not be converted into outdoor commercial patios unless at the end of a parking module. In such cases, a turnaround space shall be provided for vehicles.

No change from PUP
program
Additional Development Standards Applicable to Outdoor Commercial Patios on City Sidewalks.

Outdoor commercial patios shall not be permitted on sidewalks in street corner locations, which are those rectangular areas bounded on two sides by the curb line and on two sides defined by projecting lines, drawn at right angles to one another, from the corner point of the building to the curb line.

No change from PUP
program
No portion of the outdoor commercial patio shall be permanently attached to the sidewalk.

No change from PUP
program
Additional Development Standards Applicable to Outdoor Commercial Patios within On-Street Parking Spaces.

The outdoor commercial patio shall not interfere with traffic. Obstruction of vehicle traffic lanes, bicycle lanes, or bus stops is prohibited.

No change from PUP
program
The outdoor commercial patio shall not interfere with fire safety infrastructure. The outdoor commercial patio shall not be located within 15 feet of a fire hydrant (30 feet total). The outdoor commercial patio shall not encroach upon a fire department No change from PUP
program

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Attachment: Informational Item1 - Summary of Proposed Changes from PUP Program (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) access road or fire lane.

The outdoor commercial patio shall be set back from the street corner by at least twenty feet, unless protected by a bulb-out or similar feature.

No change from PUP
program
The outdoor commercial patio shall be located on a street with a running slope of 5% or less.

No change from PUP
program
The outdoor commercial patio shall be located at least ten feet from a driveway opening.

No change from PUP
program
No portion of the outdoor commercial patio shall be permanently attached to the street.

No change from PUP
program
Additional Standards for Outdoor Commercial Patios with Alcoholic Beverage Service.

A license shall be obtained from the Department of Alcoholic Beverage Control (ABC) prior to the operation of an outdoor commercial patio area serving alcoholic beverages and shall be maintained continuously as long as alcoholic beverages are served in the outdoor commercial patio area. Loss of such a license shall automatically constitute termination of the permit to serve alcoholic beverages in the outdoor commercial patio area.

No change from PUP
program
The outdoor commercial patio area shall be physically separated from adjacent areas by a barrier no greater than three feet and no less than 30 inches in height, unless a different barrier is mandated by state law.

New requirement for PUPs;
aligns with existing
Sidewalk Dining
Ordinance.

Signs shall be posted at the exterior exit from the outdoor commercial patio area notifying patrons that alcoholic beverages may not be removed from the premises.

New requirement for PUPs;
aligns with existing
Sidewalk Dining
Ordinance.

The capacity of the outdoor commercial patio area shall be limited to the number of approved seats.

New requirement for PUPs;
aligns with existing
Sidewalk Dining
Ordinance.

No bar shall be allowed in the outdoor commercial patio area. New requirement for PUPs; aligns with existing
Sidewalk Dining
Ordinance.

Suspension of Permits on Public Property. The zoning administrator shall have the right to suspend or prohibit the operation of an outdoor commercial patio area on city property due to anticipated or actual problems or conflicts in the use of such city property. Such problems or conflicts may arise from, but are not limited to scheduled festivals, parades, marches, and similar special events; repairs or modifications to the street, sidewalk, or other public facility; or from demonstrations or emergencies occurring in the area. To the extent possible, the city will give prior written notice of any time period during which the operation of the outdoor commercial patio area must be suspended.

No change from PUP
program
Violation of Conditions on Public Property. If an outdoor commercial patio within the public right-of-way fails to operate within the public-right-of-way as required in this section, such as by obstructing the public-right-of-way beyond their approved permit or failing to maintain the public right-of-way in a clean, neat, and orderly condition, the zoning administrator or designee shall direct the permittee to correct the violation by providing written notice. If the permittee fails to do so within the time period specified by the zoning administrator or designee, the zoning administrator or designee is entitled to immediately correct the violation, including the removal of furniture and/or appurtenances, at the expense of the permittee.

No change from PUP
program
Right to Modify or Revoke. The outdoor commercial patio permit may be revoked or modified subject to the procedures described in Chapter 18.330. In addition to Requirement slightly
altered; PUPs were

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Attachment: Informational Item1 - Summary of Proposed Changes from PUP Program (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) the findings specified in Section 18.330.070(c), the permit may be revoked or modified if one of these additional findings is made:
a. The outdoor commercial patio area is not operated as required in this section.
b. The associated business is not able to control patrons within the outdoor patio to the extent that patrons demonstrate a pattern of behavior of loud, offensive, or abusive actions, the physical or verbal harassment of passersby, or removal of alcoholic beverages from the outdoor commercial patio area.
c. The outdoor commercial patio area interferes with the public use of the sidewalk or street.
d. Continuance of outdoor commercial patio pursuant to the permit would have a substantial adverse economic effect on nearby property or would adversely affect pedestrian circulation.

previously subject to the
revocation procedures in
Chapter 12.

Encroachment Permit Not Required. Issuance of an outdoor commercial patio permit under this section suspends, as to any activities authorized by the permit, the operation of Chapter 12.05 (Encroachments to Streets and Sidewalks) as said chapter pertains to right-of-way encroachments and encroachment permits.

No change from PUP
program

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Attachment: Informational Item1 - Summary of Proposed Changes from PUP Program (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) Patio

OUTDOOR COMMERCIAL

FREMONT
April 8, 2022

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Attachment: Informational Item 2 - Draft Guidebook (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) Now you can construct your
outdoor patio. When finished,
schedule an inspection with the
City’s Building Division. Upon
passing inspection, your patio is
ready to welcome customers.

City staff will review your
application and provide
comments as needed. A permit
will be issued once all comments
have been addressed.

During COVID, temporary outdoor patios gave many businesses the option to continue serving their customers safely. As the return to normal begins, businesses now have the option of keeping their outdoor patios long-term. Patios can bring benefits to both business and customer, including creating an inviting atmosphere for people to gather, having extra seating during peak hours, improving storefront visibility, and providing a social distancing alternative for customers with health concerns. These guidelines will help you establish an outdoor patio that has curb appeal while being functional, safe, and permitted. Please carefully review the following guidelines and when you are ready, click here [Link TBD] to complete and submit your application. overview

SIDEWALK CAFE, AL FRESCO, POP-UP PATIO, PARKLET - THEY GO BY MANY

NAMES BUT WHATEVER YOU CALL IT, HERE IS YOUR GUIDE TO TRANSFORMING AN OUTDOOR SPACE INTO A VIBRANT COMMERCIAL AREA FOR YOUR BUSINESS.

Submit a permit application with
the required attachments. There
is a one-time $500 flat fee.
(Note: If your business operates
under a use permit, there will be
a different process to amend
your existing permit*)
Application Process
D
R
A
F
T
*Contact [email protected] for clarification

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Attachment: Informational Item 2 - Draft Guidebook (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) Must be located in front of the associated
business.

May not block pedestrian, vehicular, or
bicycle traffic.

Maintain a pathway at least four feet in width
adjacent to the patio.

Must keep clear access to storm inlets,
manholes, utility access points, or other utility
structures.

Must be under 750 square feet in area
Requirements for all patios:
elements of asuccessfuloutdoor patio
1 LOCATION AND SIZE
2LIGHTING AND ELECTRICAL
All lighting must be rated for outdoor use and used according to the manufacturer’s instructions.

Battery or solar powered lighting is encouraged.

Electric lights and any other electric equipment serving the patio must be plugged into a weather-rated GFCI outlet. Extension cords are not permitted.

If located within private parking lots, must be limited to four parking spaces May not be located within 15 feet of a fire hydrant.

Ensure that the fire department access road or fire lane remains accessible.

Must be at least 20 feet away from a street corner, unless protected by a bulb-out.

May not be on a street with a slope greater than 5%.

Must be at least 10 feet away from a driveway opening. .

Additional Location Requirements for On-Street Patios
D
R
A
F
T

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Attachment: Informational Item 2 - Draft Guidebook (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) Any tent over 400 square feet in area requires a
separate building permit. Tents that require a
building permit must be designed by a qualified
professional to verify that the tent complies with
California Building and Fire Codes.

Any permanently-anchored canopy structure
requires a separate building permit, including
trellises, tents, shade structures, etc. Structures
that require a building permit must be designed
by a qualified professional to verify that the
structure complies with California Building and
Fire Codes.
4INSURANCE
New electrical outlets require a separate building permit. The outlet must be designed and permitted in conformance with California Building and Fire Codes.

Continued
3TENTS AND CANOPIES
Patios on public property must have at least $1,000,000 in general liability insurance naming the City of Fremont as an additional insured.

Must not block the view for vehicles, cyclists, and pedestrians.

Must be anchored according to the manufacturer’s instructions.

Must have a Certificate of Flame Resistance for tent and canopy fabrics.

Must be spaced at least 10 feet apart from other tents/structures.

Must be a minimum of seven feet, six inches above ground.

Requirements of all tents:

Heat lamps must be UL listed and setup according
to the manufacturer’s instructions.

Heat lamps are not permitted under tents,
canopies, shade structures, or umbrellas.

Heat Lamps
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Attachment: Informational Item 2 - Draft Guidebook (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) Outdoor patios can use any barrier from the options below. The barrier selected must be approved for your specific patio location (i.e. sidewalk, parking lot, or street). There must be no more than five feet between each barrier, and there must be at least one foot of open space from the outside edge of the barrier to the edge of the converted parking stall.

TYPE A: WOOD PALLETS/FENCING TYPE B: CINDERBLOCK AND WOOD TYPE C: METAL FENCING TYPE D: SMALL PLANTERS
TYPE E: LARGE PLANTERS TYPE F: DECORATIVE K-RAILS
Appropriate for sidewalks, parking
lots, and streets up to 40MPH
Appropriate for sidewalks, parking
lots, and streets up to 40MPH
Appropriate for sidewalks,
parking lots, and streets
less than 25 MPH
Appropriate for
sidewalks and
parking lots
Appropriate for
sidewalks and
parking lots
Appropriate for
sidewalks and
parking lots
5 BARRIERS
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Attachment: Informational Item 2 - Draft Guidebook (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) Patios should be safe and accessible to all customers. When designing your patio, refer to the minimum requirements for accessibility based on the current California Building Code (CBC), Chapter 11B – Accessibility. Business owners are encouraged to work with a Certified Access Specialist to help with your design.

Please keep in mind that the City does not guarantee that a patio designed in accordance with City standards will comply with applicable disability access laws.

Patios that are not at the same level as the ground, such as patios converted from parking spaces, require an accessible path of travel from the sidewalk to the inside of the patio. There are two models that businesses can follow:

OPTION 1: RAMP OPTION 2: RAISED PLATFORM
Must be at least 48 inches wide
Must have a maximum running slope of
1:12 and a maximum cross slope of 1:48.

Must have level landings at the top and
bottom. Landings shall be at least 48
inches long.

Must be firm, stable, and slip resistant.

Permanent curb ramps require a
separate building permit.

Provide an even transition between the
sidewalk and the platform.

The platform must have a slope less
than 1:48.

Platform entrance must be at least 48
inches wide.

Permanent platforms (i.e. extending
the sidewalk area) require a separate
building permit.
6 PATIO ACCESSIBILITY
Applicants must indicate their proposed accessibility plan on their application.

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Attachment: Informational Item 2 - Draft Guidebook (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) Five percent of all outdoor seating must be designated accessible seating.

Tables for accessible seating must be no taller than 2 feet-10 inches and provide enough knee clearance.

Wheelchair space for seating must have at least 30”x48” clear floor space and International Symbol of Accessibility (ISA) should be placed on all accessible tables.

Additionally, patios must provide accessible seating as follows:
next steps
Click here [Link TBD] to complete the permit application.

You can submit your application and attachments either in-person at the Development Services Center (39550 Liberty Street, Fremont, CA) or online at www.Fremont.gov/CitizenAccess
A one-time $500.00 will also be required at time of submittal.

The Fremont Planning Department will review your application and provide any comments. Once all comments are addressed, a permit will be issued so you can begin construction.

Once construction is complete, a City inspection will be done. Upon passing the inspection, your outdoor patio is ready for customers.

Any questions? Please contact [email protected]
Maintain the patio and any adjacent areas in a neat, clean and orderly condition.

Provide trash, recycling, and compost receptacles to serve the patio.

Receptacles located inside the business may meet this requirement if they are accessible to the general public or if tables will be bussed for customers.

Easily movable furniture must be removed daily after business hours.

Customers using the patio must be granted access to use any indoor restroom facilities provided for customers inside the associated business.

Barbeques, grills, stoves, or other outdoor cooking appliances cannot be used within patios.

Outdoor commercial patios are subject to all otherwise established regulations regarding noise
The business is responsible for managing their patio:
7 OPERATIONAL REQUIREMENTS
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Attachment: Informational Item 2 - Draft Guidebook (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE)

April 14, 2022

Dear Planning Commissioners, City Council Members and Mayor Mei,

Centerville Business & Community Association (CBCA) fully supports the proposed outdoor commercial patio ordinance.

The City’s Pop Up Patio program has helped businesses recover from the economic hardship of the COVID -19 pandemic. The proposed outdoor commercial patio ordinance builds on the success of the Pop Up Patio program by maintaining the straightforward permit ting process and flexible regulations.

The adoption of the outdoor commercial patio ordinance will provide greater certainty to businesses who are looking to operate outdoors long-term.

Additionally, CBCA strongly supports staff’s implementation proposal to provide businesses with a six -month grace period to comply with the new regulations and reimburse the initial permit fee. The proposal is responsive to the ongoing need to support businesses as they financially recover from the pandemic.

In conclusion, CBCA is in support of the proposal, and we urge the Planning Commission to recommend its approval to City Council.

Sincerely,

Kathy Kimberlin
Centerville Business & Community Association
President
510-552-0221

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Attachment: Informational Item 3 - Letters Of Support (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE)

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Attachment: Informational Item 3 - Letters Of Support (4595 : OUTDOOR COMMERCIAL PATIO ORDINANCE) Fremont City Council Meeting: 05/10/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4591) DOC ID: 4591
Updated: 5/6/2022 9:16 AM by Susan Gauthier Page 1
MAYOR MEI REFERRAL: Appointments and Reappointments to Advisory Bodies Contact Persons:

Name: Lily Mei
Title: Mayor
Div/Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

MAYOR MEI REFERRAL: Appointments and Reappointments to advisory bodies.

ATTACHMENTS:
• Historical Archetectural Review Board applications
• Recreation Commission application
• Rent Review Board applications
• Senior Citizens Commission applications

Appointments:

Advisory Body Appointee Term Expires

East Bay Regional Park District Liaison Teresa Cox 12/31/2023 Committee (Alternate Council Representative)

Historical Architectural Review Board Kel Kanady 12/31/2024

Recreation Commission Jessica Williams 12/31/2025

Rent Review Board Allen Heath 12/31/2023
(Tenant Representative)

Rent Review Board Trice Pierce 12/31/2025
(Neutral Third Party)

Senior Citizens Commission Gurjit Brar 12/31/2025
Letti Dowell 12/31/2025
Kathleen Fischer 12/31/2024

Reappointments:

Advisory Body Appointee Term Expires

Rent Review Board Carl Fox 12/31/2025

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Staff Report (ID # 4591) Meeting of May 10, 2022
Updated: 5/6/2022 9:16 AM by Susan Gauthier Page 2
(Landlord Representative)

Rent Review Board Vikram Malani 12/31/2025
(Tenant Representative)

RECOMMENDATION: Approve appointments.

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Attachment: Historical Archetectural Review Board applications (4591 : Mayor Mei Referral: Appointments & Reappointments to Advisory

CITY CLERK
........ ~
Freniont
JAN 2 6 2022

CITY OF FREMONT
Board and Commission Application
Board or Commission you wish to serve on: HI ~·1oRlc Al AR.c.111Tf CT UllE 1«-v,1=.w Bc,AAI> (Planning Commission applicants: Please attach supplemental questionnaire) Submit application to:

Office of the City Clerk
3300 Capitol Avenue, Building A
P. 0. Box 5006
Fremont, CA 94537-5006
Personal Information:

Mr. □
Mrs. □
Ms. □
Name: PAiEL -----L-a-st---------F,-rs-t _________ M_I ___ _ HomeAddress: REMONi
Street City
cA
State

Zip
Home Telephone: Work Telephone: _________ _
E-mail: Fax:
-----------
Resident of the City of Fremont: __ 1._._2 ___ years
Demographic Information:

Ethnicity:
□ American Indian or Alaskan Native
□ Black or African American
□ Afghan
□ Mexican
~ndian
□ Chinese
o White
□ Vietnamese
o Filipino
□ Pakistani
□ Other Asian origin: _______ (write-in optional)
o Other African origin: (write-in optional)
o Other Hispanic, Latino, or Spanish origin: _____ (write-in optional) -1-

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Attachment: Historical Archetectural Review Board applications (4591 : Mayor Mei Referral: Appointments & Reappointments to Advisory Gender:
'01\llale
□ Female
□ Prefer to self-identify
□ Prefer not to say
Language(s) Spoken: E tJ 4--Ll ~H, HI "10 l, 6,-i.JJ ARAiI.

Background Information:

Vl/hy do you wish to serve as a member of this Board or Commission: I am a Fremoo t yes/QefJI:: .s-,oce 1-t-!j-ecn 2'.)QLC. ·r hye m the heaubp,J r ,
ant!, ale. o 4e ah tau </ a cb111 he ~ ftatte111~ i rz &mfru- y.,"J •flt- Ai:rhrr-t c pa0pe 1fre,,g,.

What would you bring by way of perspective or experience to this Board or Commission: __ Employment/Volunteer Information:

Please list any qualifications you feel would provide positive input to the work of the commission.

Organization: A Mazon 't. nc · Dates: oi} Las/ o?,o{A . hll cf 6.U I Location: lv1rd!-l1j -{am &mg. Position(s): ~ c,f-fv,.n;n~ J>evc/o:(?mfflt: Gu,tn.a?IY.

Responsibilities/accomplishments: ~e 3 m St hie fx d;J,rJ.'f 'if/.frll."" aff'!d I '
'.h1 a,hd'fLiAllt.ll! f , r4wwYI i (!1)1.J. 'i sly k <hap a ,per, etl.(£ .

Organization: __;;;e.=/3=4Y::;;;;.;f------------ Dates: 05/,Ra 16 Jp 0.4/ie(JcUJ.

Location: ~ o{-IV,rttr. f ngfriet" X:::

Responsibilities/accomplishments: _...,,,~-r,c-1'-"'tff-"--"------1"--',.,1,"f-+<~~-------- -2-

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Attachment: Historical Archetectural Review Board applications (4591 : Mayor Mei Referral: Appointments & Reappointments to Advisory :JP fv1D68ttn chase gank-
Organization: lt8:µ2a 1.t, f-, CJs/r2:B 1t Dates: CJ~f<, o/?, l-o C5/-WI{ Location: HotlSttrll ; ·rx Position(s): Assouate hvclt¢e·¥ Responsibilities/accomplishments: _l._.u .... · .... i ... ( .... d...._ _ _..( a/fz""+-' ........ irrl...-..l"""Z:,..:::&......__,.·Jw--=-.__.J.j/neu..u. ....... Y--__./ra..::....i.o1..1r.la~· Organization: _________________ Dates: ________ _
Location: ______________ Position(s): ___________ _
Responsibilities/accomplishments: ____________________ _ Community Activities that you have been involved with (feel free to attach separate pages):

Name of Organization Position/Responsibilities/Accomplishments Dates Name of Organization Position/Responsibilities/Accomplishments Dates Special awards or recognitions you have received: _____________ _ Education Information:

Degree/Diploma Year
-3-

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Attachment: Historical Archetectural Review Board applications (4591 : Mayor Mei Referral: Appointments & Reappointments to Advisory Educational Institution Degree/Diploma Field Year
Additional Information (Please provide any other information which you feel would be useful to the City Council in reviewing your application.)
i;,& n b-£LQ rts; ,Lrza t: fr1 F-wumt-1 th.at :/.m? i1'.J C< t:, ~ci~ 1~ ;;:::at:; ~~ t:;z· =H=-
:ll, ·J!> 6:i1 I: a l&o lx s A-ate fa_,"YJli, .uad cu1J, e 1eutit Civic service is a privilege and responsibility of interested, qualified, sincere citizens. The value and importance of wide participation of a large number of citizens cannot be measured. Your interest in serving on a board or commission of the City of Fremont is greatly appreciated.

General Information: Your application is a public document and will be kept on file for one year.

If you would like additional information, please call the City Clerk's Office, at (510) 2844060.

Please sign and date your application and submit to the Office of the City Clerk.

Thank you. /'
6\~o.1
Signature?"". _ Date
-4-

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Fremont City CouncilMay 10, 2022

Fremont City Council
May 10, 2022