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 19, 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 19, 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 19, 2022
July 19, 2022 Fremont City Council Agenda 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: 842 3166 0989. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/84231660989
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 19, 2022 Fremont City Council Agenda Page 3
Agenda
Fremont City Council Regular Meeting
July 19, 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 – for the Special and Regular Meetings of June 21, 2022, the Special Meeting of June 25, 2022, the Special Meeting of June 29, 2022, and the Special and Regular Meetings of July 12, 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. SELECTION OF THE VICE MAYOR - Selection of the Vice Mayor for the Period Covering July 2022 through March 2023
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: By motion, appoint Councilmember Teresa Keng as the Vice Mayor for the period covering July 2022 through March 2023.
July 19, 2022 Fremont City Council Agenda Page 4
D. DELEGATION OF AUTHORITY TO CITY MANAGER DURING COUNCIL RECESS - Adopt a Resolution Delegating Authority to City Manager during City Council Recess, July 20, 2022 through September 5, 2022 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: Adopt a resolution authorizing the City Manager or designee to take the following actions, as necessary, during the City Council recess period:
1. Authorize the City Manager or designee to enter into a three-year agreement, in an annual amount not to exceed $168,000, for Amazon Web Services (AWS) GovCloud storage, and execute any implementing documents and take any necessary implementing actions.
2. Authorize the City Manager or designee to accept and appropriate the use of the $10,000 gift in PWC 9085-545 and any additional annual gifts provided by East Bay Community Grant Funds to support special Shinn Park arboreal and park maintenance projects.
3. Authorize the City Manager or designee to enter into an agreement with Tri- City Volunteers, in an amount not to exceed $130,000, effective July 1, 2022 through June 30, 2023,
4. Authorize the City Manager or designee to enter into an agreement with Abode Services, in an amount not to exceed $150,000, effective July 1, 2022 through June 30, 2023,
5. Authorize the City Manager or designee to enter into a Task Order with Fremont Unified School District in an amount not to exceed $113,563 for the Youth and Family Services Division to provide School-Based Mental Health Counseling; Why Try Cognitive Behavioral Groups as an Alternative to Suspension Program for At-Risk Youth; Substance Use Disorder Treatment Services for Adolescents at Robertson and Kennedy High Schools; and the Family Resource Center Division to provide Family Support Services (Case Management) for the 2022-2023 school year (August 16, 2022 through June 15, 2023).
6. Authorize the City Manager or designee to execute task orders to the existing Joint Powers Agreement with the City of Newark for: (1) the provision of FY 2022/23 case management services, in the amount of $5,000, and (2) the provision of FY 2022/23 paratransit services, in an amount not to exceed $293,052.
7. Authorize the City Manager or designee to execute a contract with the Alameda County Health Care Services Agency in the amount of $200,603 for the period of July 1, 2022 through July 30, 2023 for the Health Promoter Project.
July 19, 2022 Fremont City Council Agenda Page 5
E. VACATION OF EASEMENT AT 39176 FREMONT BOULEVARD - Adopt a Resolution Summarily Vacating a Water Line Easement at 39176 Fremont Boulevard in Central Community Plan Area (PLN2022-00001) and Make Findings of CEQA Exemption
Contact Persons:
Name: Kelly Reynolds Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Engineering Public Works
Phone: 510-494-4737 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt resolution to vacate the water line easement at 39176 Fremont Boulevard on grounds the easement is no longer needed, and to find that the action is exempt from environmental review under CEQA Guidelines, Section 15305.
F. AGREEMENT WITH THE COUNTY OF ALAMEDA FOR THE COLLECTION OF TAXES AND ASSESSMENTS FOR FISCAL YEAR 2022/23 - Adopt a Resolution Authorizing the City Attorney to Execute a Certification and Mutual Indemnification Agreement with the County of Alameda for the Collection of Taxes and Assessments for Fiscal Year 2022/23 Contact Persons:
Name: Rocio Fierro Rafael Alvarado
Title: Senior Deputy City
Attorney II
City Attorney
Dept: City Attorney's Office City Attorney's Office
Phone: 510-284-4033 510-284-4030
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution authorizing the City Attorney to execute a Certification and Mutual Indemnification Agreement with the County of Alameda for the collection of taxes and assessments for Fiscal Year 2022/23.
G. CAPITAL BUDGET APPROPRIATION AMENDMENTS - Approve Capital Budget Appropriation Actions to Support Various Transportation Projects Funded by Grant Sources
Contact Persons:
Name: Khandan Bahmani Hans Larsen
Title: City Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4768 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: By motion, approve the Capital Budget appropriation amendment actions identified in Exhibit A.
July 19, 2022 Fremont City Council Agenda Page 6
H. OFF-SITE PHOTOCOPYING - Authorize the City Manager, or Designee, to Execute a 5-Year Service Agreement with Bay Central Printing Inc. to Provide Off-Site Photocopying and Printing Services for a Total Not to Exceed One Million Dollars
Contact Persons:
Name: Janice Becerra-Scola David Persselin
Title: Buyer Finance Director
Dept: Purchasing Finance Department
Phone: 510-494-4623 510-494-4631
E-Mail: [email protected] [email protected]
RECOMMENDATION: By motion, authorize the City Manager or designee to execute an agreement with Bay Central Printing Inc. in an amount not to exceed $200,000 per fiscal year for a five-year term beginning July 1, 2022 and ending June 30, 2027.
I. OPERATING ENGINEERS, LOCAL UNION NO. 3 (OE3) MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Operating Engineers, Local Union No. 3 (OE3)
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 Operating Engineers, Local Union No. 3 (OE3); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.
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
July 19, 2022 Fremont City Council Agenda Page 7
5. Scheduled Items - None.
6. Report from City Attorney - None.
7. Other Business
A. GENERAL OBLIGATION BONDS TAX RATE FOR FY 2022/23 - Adopt a Resolution Setting the Annual Tax Rate for Voter-Approved General Obligation Bonds Debt Service for Fiscal Year 2022/23 and Authorizing the County of Alameda to Collect and Enforce the Levy on Behalf of the City
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]
RECOMMENDATIONS:
1. Establish the Fire Safety Project General Obligation Bonds tax rate of $0.0039 per $100 of assessed valuation (0.0039%) for Fiscal Year 2022/23.
2. Adopt a resolution requesting and authorizing the County of Alameda to levy a tax on all taxable properties in the City as a voter-approved levy with respect to the Fire Safety Project General Obligation Bonds.
B. CITYWIDE FIBER OPTICS MASTER PLAN - Adopt a resolution adopting the Citywide Fiber Optic Master Plan and make a finding that the Citywide Fiber Optic Master Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per Guidelines Sections 15262 and 15378(b), and no further environmental review is required at this time.
Contact Persons:
Name: David Yu Sanford Taylor
Title: Infrastructure Services
Manager
IT Director
Dept: Information Technology
Services
Information
Technology Services
Phone: 510-494-4826 510-494-4802
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution adopting the Citywide Fiber Optic Master Plan included with this report and finding that the action is exempt from CEQA.
July 19, 2022 Fremont City Council Agenda Page 8
8. Council Communications
A. Council Referrals
1. MAYOR MEI REFERRAL: Designation of League of California Cities Annual Conference Voting Delegate
Contact Persons:
Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]
RECOMMENDATION: By motion, appoint Vice Mayor Salwan as the City’s voting delegate for the League of California Cities Annual Conference and Councilmember Jones as the voting alternate.
2. RESPONSE TO COUNCILMEMBER KASSAN REFERRAL – Regarding Input from Commissions for Major Road Projects
Contact Persons:
Name: Amanda Gallo Hans Larsen
Title: Management Analyst II Public Works Director
Dept: City Manager's Office Public Works
Phone: 510-284-4016 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Provide direction to staff regarding the options for consideration outlined in this report.
B. Oral Reports on Meetings
9. Adjournment
July 19, 2022 Fremont City Council Agenda 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 19, 2022 Fremont City Council Agenda Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 July 19, 2022 6:00 p.m. City Council Closed Session
Meeting
Council
Chambers Live
July 19, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 26, 2022 5:30 p.m. CANCELLED: 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 CC/FUSD Liaison Committee
Meeting *CANCELLED*
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
FUSD
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 29, 2022 No 7PM City Council Meeting
(5th Tuesday)
December 6, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 13, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 20, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 27, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live