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 21, 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 21, 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 21, 2022
June 21, 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: 841 6371 7111. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/84163717111
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 21, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
June 21, 2022
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM
1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements by Mayor / City Manager
2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.
A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes
1. APPROVAL OF MINUTES – for the Special Meeting of May 31, 2022, the Special and Regular Meetings of June 7, 2022, and the Special and Regular Meetings of June 14, 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 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 IN PARKS AND RECREATION AREAS RECOMMENDATION: Adopt ordinance.
June 21, 2022 Fremont City Council Page 4
D. RENEWAL OF COMMUNICATIONS WRITING ASSISTANCE SERVICES CONTRACT- Authorize the City Manager to Execute a Service Agreement with The Hoffman Agency for Communications Writing Assistance Services Contact Persons:
Name: Geneva Bosques Amanda Gallo
Title: Director of Communications
and Legislative Affairs
Management Analyst II
Dept: City Manager's Office City Manager's Office
Phone: 510-284-4094 510-284-4016
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or her designee, to execute a two-year service agreement with The Hoffman Agency for communications writing assistance services, in an annual amount not to exceed $60,000, for a total amount of $120,000.
E. RENEWAL OF ALAMEDA COUNTY LIBRARY SERVICES AGREEMENT- Authorize the City Manager to Execute a Service Agreement with Alameda County Library for Additional Library Service Hours at Centerville Library and Fremont Main Library
Contact Persons:
Name: Amanda Gallo
Title: Management Analyst II
Dept: City Manager's Office
Phone: 510-284-4016
E-Mail: [email protected]
RECOMMENDATION: By motion, authorize the City Manager or designee to execute a service agreement with Alameda County Library to maintain additional library hours at the Fremont Main Library and Centerville Library for a five-year term (2022-2027).
F. EAST BAY AGENCY FOR CHILDREN CONTRACT - Authorization for City Manager to Enter into a FY 2022-2025 three-year Welcome Center Services Agreement with East Bay Agency for Children
Contact Persons:
Name: Alina Kwak Suzanne Shenfil
Title: Management Analyst II Director
Dept: Human Services Department Human Services Department Phone: 284-4014 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATION: By motion, authorize the City Manager or her designee to enter into an agreement with East Bay Agency for Children, effective July 1, 2022 through June 30, 2025, for an amount not to exceed $215,481.
June 21, 2022 Fremont City Council Page 5
G. FAMILY RESOURCE CENTER ADA UPGRADES PROJECT - Approval of Plans and Specifications and Award of Contract to TGN Build, Inc. in the amount of $476,100 (including 15% Contingency) for the Fremont Family Resource Center I & II ADA Upgrades Project (PWC 9073); Exempt from Environmental Review per CEQA Guideline Section 15301
(Existing Facilities)
Contact Persons:
Name: Martha Martinez Hans Larsen
Title: Facilities Project Manager Public Works Director Dept: Public Works Public Works
Phone: 510-494-4750 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: By motion, approve the following actions related to the Family Resource Center I & II ADA Upgrades Project (PWC 9073):
1. Approve the Plans and Specifications for the project;
2. Accept the Bid and award the construction contract to the lowest responsive and responsible bidder TGN, Inc. in the amount of $414,000 and allocate a 15% contingency in the amount of $62,100 for a total construction contract amount of $476,100 and authorize the City Manager or designee to execute the contract; and
3. Find that the project is exempt from CEQA review pursuant to CEQA Guideline section 15301 as a repair or modification of an existing facility involving negligible or no expansion of use.
H. BIENNIAL REVIEW OF THE CITY OF FREMONT CONFLICT OF INTEREST CODE - Review Conflict of Interest Code and Authorize the Execution of the Biennial Review Notice
Contact Persons:
Name: Susan Gauthier Christina Briggs
Title: City Clerk Assistant City Manager
Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-284-4022
E-Mail: [email protected] [email protected]
RECOMMENDATION: Direct staff to review the conflict of interest code and authorize execution of the Biennial Review Notice regarding whether amendments are required, not later than October 3, 2022.
I. I-680/MISSION INTERCHANGE PROJECT - Adopt a Resolution Approving a Funding Agreement with Caltrans; Appropriate Funds in the Amount of $7.2 Million for the I-680 Interchange Modernization Project at North Mission Boulevard (PWC9021); and Make Findings of CEQA Exemption.
Contact Persons:
Name: Anne Quasarano Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Engineering Public Works
Phone: 510-494-4767 510-494-4722
E-Mail: [email protected] [email protected]
June 21, 2022 Fremont City Council Page 6
RECOMMENDATION: Adopt a resolution:
1. Appropriating Senate Bill 170 funds in the amount of $7.2 million to the I-680/North Mission Boulevard Interchange Modernization Project - PWC 9021 52;
2. Authorizing the City Manager or designee to execute a funding agreement with Caltrans for the transfer of the grant and prepare any other documents required to implement said agreement; and
3. Finding that the action is exempt from CEQA review.
3. Ceremonial Items
A. Resolution: Honoring Major General Garrett Yee in Recognition of His Retirement
B. Certificates of Recognition: Youth Voter Movement Leaders (League of Women Voters)
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. CDBG FUNDING RECOMMENDATIONS AND FY 2022-23 ANNUAL ACTION PLAN - Public Hearing (Published Notice) on the Use of Federal Community Development Block Grant Funds for Fiscal Year (FY) 2019-20 and FY 2022- 24; Adopting a Resolution Approving the FY 2022-23 Annual Action Plan, Amending the FY 2019-20 Action Plan, amending CARES Act Funding; and Authorizing the City Manager to Execute Agreements with the U.S.
Department of Housing and Urban Development and CDBG Grantees and Programs and Making FIndings of CEQA Exemption
Contact Persons:
Name: Robert Lopez Suzanne Shenfil
Title: CDBG Administrator Director
Dept: Human Services Department Human Services Department Phone: 510-574-2043 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATION: Staff recommends that the City Council:
1. Hold a public hearing on the proposed FY 2022-24 CDBG Program Final Statement of Community Development Objectives and Projected Use of Funds and the FY 2022/23 Annual Action Plan, and the Amendment to the FY 2019/20 Action Plan;
2. Adopt a resolution that:
a. Allocates CDBG funds for FY 2022/23 and FY 2023/24 in the amounts specified in the Final Statement of Community Development Objectives and Projected Use of Funds (“Final Statement”), as set forth in Exhibit 3 to this Staff Report.
June 21, 2022 Fremont City Council Page 7
b. As required by CDBG regulations, approves the reallocation of $340,000 in CDBG CARES Act funding to the following projects:
• $190,000 for Project Homekey operating costs (contingent on project approval).
• $150,000 for Safe Parking Program.
c. Amends the City’s FY 2019/20 CDBG Action Plan to incorporate new CARES Act funded project, as recommended by staff in the amounts stated herein.
d. Authorizes the City Manager or his designee to submit the FY 2022-24 CDBG Program Final Statement of Community Development
Objectives and Projected Use of Funds, and the City’s CDBG FY 2022/23 Annual Action Plan, as recommended by staff in the amounts stated herein.
e. Authorizes staff to:
• Allocate additional funds to public service projects should the City receive additional program income in FY 2021/22 or a greater entitlement allocation from HUD in FY
2022/23.
• Reserve unallocated funds to provide gap funding or
fund projects that meet emerging needs.
f. Approves and authorizes the City Manager or her designees to execute CDBG Entitlement and funding agreements with HUD. g. Approves and authorizes the City Manager or her designees to execute agreements effective July 1, 2022, with the grantees recommended for funding by staff in the amounts set forth herein, contingent upon a finding of no significant impact in the corresponding environmental assessments and completion of the required public comment period.
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 21, 2022 Fremont City Council Page 8
June 21, 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 21, 2022 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 June 21, 2022 5:30 p.m. City Council Closed Session
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