City Council Chambers
3300 Capitol Avenue
Fremont, CA
Fremont City Council
Lily Mei, Mayor
Teresa Keng, Vice Mayor
Rick Jones, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5
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
September 06, 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 September 6, 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 - September 06, 2022
September 6, 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: 868 6640 6859. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/86866406859
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.
September 6, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
September 06, 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 and Regular Meetings of July 19, 2022 and the Special Meeting of August 9, 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
COUNCIL OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE SECTION 2.05.060 (COMPENSATION OF MAYOR AND
COUNCILMEMBERS) TO ADJUST THE SALARIES OF THE MAYOR AND
COUNCIL MEMBERS
RECOMMENDATION: Waive the second reading and adopt 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.
September 6, 2022 Fremont City Council Page 4
D. 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 October 4, 2022.
E. REPORT OF ACTIONS TAKEN DURING COUNCIL RECESS - Report of Actions Taken by the City Manager during 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: Receive report acknowledging actions taken by the City Manager or designee during the recess.
F. SERVICE AGREEMENT FOR INVESTIGATION, ASSESSMENT AND DESIGN OF
THE SHORELINE RENOVATIONS FOR THE LAKE ELIZABETH SHORELINE STABILIZATION PROJECT (PWC 8897) - Authorize the City Manager or her designee to execute a Service Agreement with Cal Engineering & Geology, Inc., to investigate, assess and develop designs for the renovation of various segments of Lake Elizabeth Shoreline Stabilization Project (PWC 8897).
Contact Persons:
Name: Jennie Suen Suzanne Wolf
Title: Landscape Architect II Community Services Director Dept: Landscape Architecture Community Services
Phone: 510-494-4744 510-494-4329
E-Mail: [email protected] [email protected]
September 6, 2022 Fremont City Council Page 5
RECOMMENDATIONS:
1. Find that the execution of the service agreement is exempt from review under the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Sections 15306, and (3) CEQA Guidelines Section 15378(b).Authorize the City Manager, or her designee, to execute a Service Agreement with Cal Engineering & Geology, Inc., to investigate, assess and develop designs for the renovation of various segments of the Lake Elizabeth Shoreline, for a contract amount of $301,000, plus a 15% contingency amount of $45,150, for a total service agreement contract amount of $346,150.
G. PURCHASE OF FLEET VEHICLES - Approve Purchase Orders through Cooperative Agreements with The Ford Store San Leandro for the Purchase of Ford Fleet Vehicles in an Amount Not to Exceed $1,200,000 and with National Auto Fleet Group for the Purchase of Various Make Vehicles in an Amount Not to Exceed $550,000; Make Findings of CEQA Exemption Contact Persons:
Name: Mark Collins Hans Larsen
Title: Fleet Maintenance Manager Public Works Director
Dept: Maintenance Public Works
Phone: 510-979-5739 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager or designee to execute a purchase order with The Ford Store San Leandro for the purchase of Ford vehicles in an amount not to exceed $1,200,000.
2. Authorize the City Manager or designee to execute a purchase order with National Auto Fleet Group for the purchase of various make vehicles in an amount not to exceed $550,000.
3. Find the proposed purchase is not a project as defined by Section 15378 (b) of the California Environmental Quality Act (CEQA), and, alternatively, the action is exempt from CEQA under Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
H. CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION (DFPI) CAL MONEYSMART GRANT - Authorize the City Manager and the Human Services Director/President of the Fremont Family Resource Center Corporation to Execute the CalMoneySmart Grantee Agreement for the 2022/23 Fiscal Year and Appropriate $127,195 awarded for this project.
Contact Persons:
Name: Judith Schwartz Suzanne Shenfil
Title: Fam Resource Center Admin Director
Dept: Human Services Department Human Services Department Phone: 510-574-2007 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or the Human Services Director as President of the Fremont Family Resource Center Corporation, to execute the CalMoneySmart Grantee Agreement (DFPI-EOO 101) on behalf of the Fremont Family Resource Center Corporation; and appropriate $127,195 for this project to Fund 790, as described in the report.
September 6, 2022 Fremont City Council Page 6
I. ALAMEDA COUNTY CONTRACT TO SUPPORT YOUTH AND FAMILY
OPPORTUNITY PROGRAMS - Approve and Authorize the City Manager to Execute a $187,787 Agreement for FY 2022/23 with Alameda County Health Care Services Agency to Support Human Services Programs, Including the Fremont Family Resource Center Family Support Services program and Youth and Family Services Division's Why Try Cognitive Behavioral Groups program
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: Approve and authorize the City Manager or her designee to execute an agreement with Alameda County Health Care Services Agency in the amount of $187,787.
J. FREMONT POLICE MANAGERS’ ASSOCIATION MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Police Managers’ Association (FPMA)
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 31, 2022, through June 30, 2025, between the City of Fremont and the Fremont Police Managers’ Association (FPMA); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.
K. VACATION OF EASEMENT AT 43477 BRYANT STREET - Adopt a Resolution Summarily Vacating a Roadway Easement at 43477 Bryant Street in the Mission San Jose Community Plan Area (PLN2019-00020), and Make Findings of CEQA Exemption
Contact Persons:
Name: Lester Aquino Hans Larsen
Title: Civil Engineer I Public Works Director
Dept: Public Works Public Works
Phone: (510) 494-4762 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt resolution to vacate the roadway easement at 43477 Bryant Street on grounds the easement is no longer needed, and to find that the action is exempt from environmental review under CEQA Guidelines, Section 15305.
September 6, 2022 Fremont City Council Page 7
L. POLICE CENTER WATERLINE REPLACEMENT - Accept Staff Report on the Recent Completion of Emergency Waterline Replacement Work at the Police Center
Contact Persons:
Name: Jimmy Chen Hans Larsen
Title: Facilities Manager Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4715 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Accept staff report.
M. I-880/DECOTO INTERCHANGE PROJECT - Approval of Funding Agreement with the Alameda County Transportation Commission (ACTC) for the Environmental Clearance Phase of the I-880/Decoto Road Interchange Modernization Project (PWC 9022); Accept and Approve Appropriation of Measure BB Funds in the Amount of $2,000,000 to the Project; Issue Finding of CEQA Exemption
Contact Persons:
Name: Eric Hu Hans Larsen
Title: Principal Transportation
Engineer
Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4542 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager or designee to execute a funding agreement with ACTC for the environmental clearance phase for the I-880/Decoto Road Interchange Modernization project.
2. Appropriate $2,000,000 in ACTC Measure BB funds to PWC 9022-504.
3. Find the actions are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
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 - None.
6. Report from City Attorney - None.
September 6, 2022 Fremont City Council Page 8
7. Other Business
A. STREET RACING AND SIDESHOW ORDINANCE. Introduce Ordinance Amending the Street Racing and Sideshow Ordinance to Prohibit Promotion of and Attendance at Such Events
Contact Persons:
Name: John Harnett
Title: Lieutenant
Dept: Police Department
Phone: 510- 790-6705
E-Mail: [email protected]
RECOMMENDATION: Waive the first reading and introduce the enclosed ordinance amending Fremont Municipal Code Title 9 (Public Peace, Morals and Welfare), Chapter 9.35 (Street Racing and Sideshows), sections 9.35.010 and
9.35.030, and adding sections 9.35.090, 9.35.100, and 9.35.110.
8. Council Communications
A. Council Referrals
1. MAYOR MEI REFERRAL: Mayor Mei Referral on Homelessness Mitigation Policies
Contact Persons:
Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]
RECOMMENDATION: Direct staff to review municipal options and practices from neighboring cities on how they’ve been able to address health hazards illegal dumping, and related clean-up.
September 6, 2022 Fremont City Council Page 9
2. MAYOR MEI REFERRAL: Appointments 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
Mobility Commission Monique Chapman 12/31/2025
(Impairments Representative)
Recreation Commission Eric Donato 12/31/2025
Youth Advisory Commission Emily Tang 12/31/2023
Jessica Li 12/31/2023
Aditya Mittal 12/31/2023
Sean Dorje 12/31/2023
RECOMMENDATION: Approve appointments.
B. Oral Reports on Meetings
9. Adjournment
September 6, 2022 Fremont City Council Page 10
September 6, 2022 Fremont City Council Page 11
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
September 6, 2022 Fremont City Council Page 12
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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