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
June 07, 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 June 7, 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 - June 07, 2022
June 7, 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: 835 3996 7443. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/83539967443
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.
June 7, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
June 07, 2022
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM
1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements by Mayor / City Manager
2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.
A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes
1. APPROVAL OF MINUTES – for the Regular Meeting of May 3, 2022, the Regular Meeting of May 10, 2022, and the Special and Regular Meetings on May 17, 2022
Contact Persons:
Name: Susan Gauthier
Title: City Clerk
Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]
RECOMMENDATION: Approve minutes.
C. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT 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)
RECOMMENDATION: Adopt ordinance.
June 7, 2022 Fremont City Council Page 4
D. 2022 SB1 PROJECT LIST - Adopt a Resolution Approving a List of Projects for Funding by Revenues Authorized by the Road Repair and Accountability Act of 2017 (SB1) to Align with State Guidelines for Use of Funds.
Contact Persons:
Name: Connie Wong Hans Larsen
Title: Principal Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4782 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION:
Adopt a Resolution Approving a List of Projects Funded by SB1, the Road Repair and Accountability Act for FY 2022/23.
E. MULTI-FUNCTION PRINT/SCAN/COPY DEVICES CONTRACT - Authorize the City Manager, or Designee, to Enter Into a Master Lease Agreement with Ricoh USA Inc. effective July 1, 2022 through January 14, 2026 for a Total Annual Amount Not-To-Exceed $250,000; and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary
Contact Persons:
Name: Ed Miranda Sanford Taylor
Title: Information Technology
Manager
IT Director
Dept: Information Technology
Services
Information Technology Services
Phone: 510-494-4806 510-494-4802
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or Designee, to enter into a Master Lease Agreement with Ricoh USA Inc. effective July 1, 2022 through January 14, 2026, with an option to extend for five one-year periods through January 25, 2031, for a total annual amount not to exceed $250,000; and to execute any implementing documents and take any implementing actions as necessary.
F. FY 2022/23 MEMORANDA OF UNDERSTANDING WITH ALAMEDA COUNTY REGARDING MEDI-CAL - Authorize the City Manager to Execute Two Memoranda of Understanding with the Alameda County Health Care Services Agency for FY 2022/23 Medi-Cal Administrative Activities and Targeted Case Management Services
Contact Persons:
Name: Leticia Leyva Suzanne Shenfil
Title: Management Analyst II Director
Dept: Human Services Department Human Services Department Phone: 510-574-2072 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution: (1) authorizing the City Manager or designee to execute a Memoranda of Understanding with the Alameda County Health Care Services Agency to enable the City’s Human Services Department to receive reimbursement for eligible FY 2022/23 expenses through Alameda County’s Targeted Case Management (TCM) and Medi-Cal Administration Activities (MAA) programs, as described in this staff report; and (2) delegating to the City Manager, Finance Director, or designee the authority to sign, certify or execute documents on behalf of the City with respect to the MAA and TCM programs.
June 7, 2022 Fremont City Council Page 5
G. LIGHT MAINTENANCE CONTRACT - Award of Contract to Bear Electrical Solutions, Inc., for Maintenance of Streetlights, Exterior Public Facilities Lights and Support Services, for Five Years, in an amount not to exceed $5,292,803 (including $2,500,000 contingency for unanticipated maintenance costs); Exempt from CEQA Review Per CEQA Guidelines Section 15301 (Existing Facilities)
Contact Persons:
Name: Jeff Edwards Hans Larsen
Title: Street Maintenance Manager Public Works Director Dept: Public Works Public Works
Phone: 510-979-5719 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: By motion:
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. Award the contract to Bear Electrical Services, Inc. for a five-year term for a total amount not to exceed $5,292,803 (including $2,500,000 contingency for unanticipated maintenance costs), effective July 1, 2022, through June 30, 2027.
H. ANNUAL APPROVAL OF INVESTMENT POLICY - Annual Approval of Investment Policy and Delegation of Authority to City Treasurer to Manage Investments
Contact Persons:
Name: Mario Rosas David Persselin
Title: Budget and Treasury Analyst Finance Director
Dept: Finance Department Finance Department
Phone: 510-494-4637 510-494-4631
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution approving the City’s Investment Policy for FY 2022/23 and delegating the City Council’s authority to invest and reinvest public funds, and to sell or exchange securities so purchased, to the Finance Director/Treasurer for one year or until earlier revoked by the City Council.
I. AMENDMENT TO SECTION 12.20.060 PROHIBITED CONDUCT IN PARKS Introduction Of An Ordinance Amending Fremont Municipal Code Title 12, Streets, Sidewalks And Public Property, Chapter 12.20 Parks And Recreation Areas, Section 12.20.060 Prohibited Conduct Generally, Regarding Drones And Other Motorized Devices In Parks And Recreation Areas And To Find The Adoption Of The Ordinance Exempt From The Requirements Of The California Environmental Quality Act (CEQA) Under Various CEQA Guidelines
Contact Persons:
Name: Kim Beranek Suzanne Wolf
Title: Deputy Director Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4330 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATION:
Waive the first reading and introduce an ordinance amending Section 12.20.060 (“Prohibited conduct generally”) as shown on Exhibit “A”.
June 7, 2022 Fremont City Council Page 6
J. TRANSPORTATION SERVICES FOR OLDER ADULTS AND PEOPLE WITH DISABILITIES (RIDE-ON TRI-CITY!) – Authorization to Amend and Execute Agreements for Ride-On Tri-City’s Wheelchair Accessible Van Service, Taxi Service and Ride-Hailing Service and Making Finding of CEQA Exemption Contact Persons:
Name: Shawn Fong Suzanne Shenfil
Title: Paratransit Program Manager Director
Dept: Human Services Department Human Services Department Phone: 510-574-2033 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATIONS: Authorize the City Manager or her designees to:
1. Execute an amendment with MV Public Transportation, Inc., for wheelchair accessible van services, not to exceed $700,000, through June 30, 2023,
2. Execute an agreement with Siddiq, Inc. for taxi services, not to exceed $225,000 annually, through June 30, 2025,
3. Execute an amendment with Lyft, Inc. for Ride-Hailing Services, increasing the current not to exceed amount by $45,000 and extending the term through June 30, 2025, not to exceed $225,000 annually, and
4. Execute an agreement with GoGo Technologies, Inc. to operate a ride-hailing call center, not to exceed $30,000 annually, through June 30, 2025.
3. Ceremonial Items
A. Ceremonial Resolution: Major General Garrett Yee
B. Proclamation: Old Mission San Jose
C. Proclamation: Pride Month
D. Proclamation: National Gun Violence Awareness Day, June 3, 2022 E. Certificate of Recognition: Youth Voter Movement Leaders (League of Women Voters)
F. Certificate of Recognition: City of Fremont 2021 STEM Winners
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
June 7, 2022 Fremont City Council Page 7
5. Scheduled Items
A. PUBLIC HEARING FOR PROPOSED ANNUAL ASSESSMENT FISCAL YEAR 2022/23 OF FREMONT LANDSCAPING ASSESSMENT DISTRICT NO. 88 - Hold a Public Hearing (Published and Posted Notice) on the Levy of Annual Assessments for Landscaping Assessment District 88, Adopt a Resolution Confirming Diagrams and Assessments for District 88 for Fiscal Year 2022/23, and Find that the Action is Exempt from Review under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15061(b)(3) and 15301
Contact Persons:
Name: Andrew Freeman Suzanne Wolf
Title: Business Manager Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATION:
1. Open public hearing;
2. Consider all oral statements and written comments;
3. Close public hearings;
4. Levy the proposed assessment by adopting a resolution confirming Diagrams and Assessments for Fiscal Year 2022/23 for Fremont Landscaping Assessment District 88; and
5. Find the project exempt under CEQA Guidelines Sections 15061(b)(3) and 15301.
B. FIRST PUBLIC HEARING ON FY 2022/23 PROPOSED OPERATING BUDGET - First Public Hearing (Published Notice) on FY 2022/23 Proposed Operating Budget
Contact Persons:
Name: David Persselin
Title: Finance Director
Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]
RECOMMENDATIONS:
1. Hold a public hearing.
2. Provide direction to staff on issues pertaining to the FY 2022/23 Proposed Operating Budget.
6. Report from City Attorney - None.
7. Other Business - None.
8. Council Communications
A. Council Referrals - None.
B. Oral Reports on Meetings
9. Adjournment
June 7, 2022 Fremont City Council Page 8
June 7, 2022 Fremont City Council Page 9
ACRONYMS
ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD
BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET
Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program
ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment
June 7, 2022 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 June 7, 2022 5:30 p.m. City Council Closed Session
Meeting
Council
Chambers Live
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
Monday,
October 3, 2022 5:30 p.m. Joint City Council/FUSD
Meeting
FUSD
Hosts Live
October 4, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
October 11, 2022 7:00 p.m. City Council Meeting Council Chambers Live
October 18, 2022 7:00 p.m. City Council Meeting Council Chambers Live
October 25, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live