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
July 12, 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 July 12, 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 - July 12, 2022
July 12, 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 3699 1640. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/83536991640
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.
July 12, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
July 12, 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. AB 361 - Consider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361
Contact Persons:
Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]
RECOMMENDATION: Staff recommends that the City Council make the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:
1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency;
2. The state of emergency continues to directly impact the ability of the members to meet safely in person; and
3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on August 9, 2022.
July 12, 2022 Fremont City Council Page 4
D. MULTIPURPOSE SENIOR SERVICES PROGRAM (MSSP) PROGRAM
CONTRACT - Adopt a Resolution Authorizing the City Manager to Execute a FY 2022/23 Contract with the California Department on Aging to Provide Multipurpose Senior Services Program (MSSP) and Making Findings of CEQA Exemption
Contact Persons:
Name: Karen L. Grimsich
Title: Family Services
Administrator
Dept: Human Services Department
Phone: 510-574-2062
E-Mail: [email protected]
RECOMMENDATION: Adopt a resolution approving and authorizing the City Manager or her designee to execute the contract MS-2223-37 with the California Department on Aging to provide MSSP services for FY 2022/23 in an amount not to exceed $546,312.
E. FACILITIES MAINTENANCE AGREEMENT FOR PLAYGROUND MAINTENANCE AND SAFETY RESURFACING - Authorize the City Manager or Designee to Execute the Facilities Maintenance Agreement with SpectraTurf, Inc.
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: By motion, award a Facilities Maintenance Agreement through June 30, 2027 and authorize the City Manager or designee to execute the agreement with SpectraTurf, Inc., with a total not to exceed amount of $891,344.
F. FREMONT POLICE ASSOCIATION MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Police Association (FPA)
Contact Persons:
Name: Tina Gallegos Allen DeMers
Title: Human Resources Manager Human Resources Director Dept: Human Resources Human Resources
Phone: 510-494-4652 510-494-4651
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Fremont Police Association (FPA); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.
July 12, 2022 Fremont City Council Page 5
G. FREMONT ASSOCIATION OF MANAGEMENT EMPLOYEES MOU -
Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Association of Management Employees (FAME)
Contact Persons:
Name: Tina Gallegos Allen DeMers
Title: Human Resources Manager Human Resources Director Dept: Human Resources Human Resources
Phone: 510-494-4652 510-494-4651
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Fremont Association of Management Employees (FAME); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.
H. FREMONT FIRE FIGHTERS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1689 (IAFF) MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Fire Fighters, International Association of Fire Fighters Local 1689 (IAFF) Contact Persons:
Name: Tina Gallegos Allen DeMers
Title: Human Resources Manager Human Resources Director Dept: Human Resources Human Resources
Phone: 510-494-4652 510-494-4651
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) including those terms for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Fremont Fire Fighters, International Association of Fire Fighters (IAFF), Local 1689; and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.
I. FREMONT BATTALION CHIEFS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1689 (IAFF-BC) MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Battalion Chiefs, International Association of Fire Fighters, Local 1689 (IAFF-BC)
Contact Persons:
Name: Tina Gallegos Allen DeMers
Title: Human Resources Manager Human Resources Director Dept: Human Resources Human Resources
Phone: 510-494-4652 510-494-4651
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) including those terms for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Fremont Battalion Chiefs, International Association of Fire Fighters (IAFF-BC), Local 1689; and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.
July 12, 2022 Fremont City Council Page 6
J. PROFESSIONAL ENGINEERS AND TECHNICIANS ASSOCIATION MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Professional Engineers and Technicians Association (PETA)
Contact Persons:
Name: Tina Gallegos Allen DeMers
Title: Human Resources Manager Human Resources Director Dept: Human Resources Human Resources
Phone: 510-494-4652 510-494-4651
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Professional Engineers and Technicians Association (PETA); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.
K. TEAMSTERS, LOCAL 856 MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with Teamsters, Local 856 Contact Persons:
Name: Tina Gallegos Allen DeMers
Title: Human Resources Manager Human Resources Director Dept: Human Resources Human Resources
Phone: 510-494-4652 510-494-4651
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and Teamsters; and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.
L. CITY OF FREMONT EMPLOYEE ASSOCIATION MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the City of Fremont Employee Association (CFEA)
Contact Persons:
Name: Tina Gallegos Allen DeMers
Title: Human Resources Manager Human Resources Director Dept: Human Resources Human Resources
Phone: 510-494-4652 510-494-4651
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the City of Fremont Employee Association (CFEA); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.
July 12, 2022 Fremont City Council Page 7
M. AMENDMENT TO THE CITY ATTORNEY EMPLOYMENT AGREEMENT - Consider Adopting a Resolution Authorizing A Wage Increase and Amending the Employment Agreement between Rafael E. Alvarado Jr. and the City of Fremont
Contact Persons:
Name: Lily Mei Allen DeMers
Title: Mayor Human Resources Director
Dept: City Council Human Resources
Phone: 510-284-4011 510-494-4651
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a Resolution authorizing the Mayor to execute the First Amendment to the City Attorney’s employment agreement to provide a five percent cost of living wage increase.
N. FIRST AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT - Consideration of a Resolution Approving a Wage Increase and Amendment to the Employment Agreement between Karena McGee Shackelford and the City of Fremont
Contact Persons:
Name: Lily Mei Allen DeMers
Title: Mayor Human Resources Director
Dept: City Council Human Resources
Phone: 510-284-4011 510-494-4651
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a Resolution authorizing the Mayor to execute the First Amendment to the City Manager’s employment agreement to provide a five percent cost of living wage increase.
3. Ceremonial Items
A. Proclamation: National Night Out
B. Ceremonial Presentation: Donation of Painting to City of Fremont by Country Club of Washington Township Women’s Club by
Michi Yee, President
C. Proclamation: Summer Learning Week July 11-15, 2022
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
July 12, 2022 Fremont City Council Page 8
5. Scheduled Items
A. DRAFT 2023-2031 HOUSING ELEMENT – Public Hearing (Published Notice) to Provide Input on a Draft of Fremont’s 2023-2031 Housing Element Update, An Eight-Year Plan to Meet the Housing Needs of Everyone in the Community.
Contact Persons:
Name: Wayland Li Joel Pullen
Title: Principal Planner Planning Manager
Dept: Planning Planning
Phone: 510-494-4453 510-494-4436
E-Mail: [email protected] [email protected]
RECOMMENDATION: Review, conduct a public hearing, and provide comments on draft 2023-2031 Housing Element.
B. ADJUSTMENTS TO THE SALARIES OF THE MAYOR AND COUNCIL MEMBERS - Introduce an Ordinance Amending the Fremont Municipal Code Section
2.05.060 and Authorizing a Salary Increase for the Mayor and Council Members
Contact Persons:
Name: David Persselin Brian Stott
Title: Finance Director Assistant City Manager
Dept: Finance Department City Manager's Office
Phone: 510-494-4631 510-494-4660
E-Mail: [email protected] [email protected]
RECOMMENDATION: Waive full reading and introduce an ordinance amending the Municipal Code to authorize an increase in the salary of the City Councilmembers to $2,427.76 per month and of the Mayor to $4,313.28 per month, effective after the new City Council is seated following the election of November 8, 2022.
6. Report from City Attorney - None.
7. Other Business - None.
8. Council Communications
A. Council Referrals - None.
B. Oral Reports on Meetings
9. Adjournment
July 12, 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
July 12, 2022 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 July 12, 2022 5:30 p.m. City Council Closed Session
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
November 1, 2022 7:00 p.m. City Council Meeting Council Chambers Live
November 8, 2022 7:00 p.m. City Council Meeting Council Chambers Live
November 15, 2022 7:00 p.m. City Council Meeting Council Chambers Live
November 22, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
November 22, 2022 No 7 PM City Council
Meeting (4th Tuesday)
November 29, 2022 No 7 PM City Council
Meeting (5th Tuesday)