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