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, Assistant to the City Manager
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 20, 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 20, 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 20, 2022
September 20, 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: 838 8683 7319. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/83886837319
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 20, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
September 20, 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. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT 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
RECOMMENDATION: Waive the second reading and adopt an ordinance amending the 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.
D. INDEMNITY AGREEMENTS - Adopt a Resolution Ratifying Indemnity Agreements Between the City and the County of Alameda and Authorizing the City Manager to Execute Indemnity Agreements on A1 Bond Funded Affordable Housing Projects
Contact Persons:
Name: Lucia Hughes Dan Schoenholz
Title: Housing Manager Community Development Director
Dept: Housing Community Development
Phone: 510-494-4506 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution ratifying the execution of the indemnity agreement between 1) the City and the County of Alameda for Doug Ford Senior Apartments and 2) Granite Ridge Apartments; authorizing the City Manager to execute similar indemnity agreements between the City and the County of Alameda September 20, 2022 Fremont City Council Page 4
for covered affordable housing projects in the development pipeline, and making findings of CEQA exemption.
E. RADIO SERVICES PROVIDED BY EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY (EBRCSA) - Authorize the City Manager, or Designee, to Issue Purchase Orders for Annual Operating Payments/Renewals and Execute Implementing Documents with EBRCSA for Use of the Public Safety Radio Communications System Contact Persons:
Name: Deirdre Rockefeller-Ramsey Sean Washington
Title: Police Business Manager Police Chief
Dept: Police Department Police Department
Phone: 510-790-6991 510-790-6969
E-Mail: [email protected] [email protected]
RECOMMENDATION: Staff recommends that City Council authorize the City Manager, or designee, to issue a purchase order for the annual operating payment to EBRCSA in an amount not to exceed $329,040 for the one-year period effective July 1, 2022 through June 30, 2023 and execute implementing documents as necessary.
F. ACCEPT AND APPROPRIATE AFG GRANT FUNDS FOR PARAMEDIC TRAINING - Accept and Appropriate Assistance to Firefighters Grant Funds for $663,623 for Paramedic Training
Contact Persons:
Name: Donna Do Zoraida Diaz
Title: Management Analyst II Deputy Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Accept the Assistance to Firefighters Grant in the amount of $663,623.
2. Recognize the grant revenue and appropriate it in the Federal Operating Grants Fund (Fund 199).
3. Authorize the City Manager or designee to execute all necessary agreements or documents in connection with the grant award.
G. TASK ORDER HSD-16 TO FUSD JOINT POWERS AGREEMENT -
Authorization to Execute a Task Order to the Joint Powers Agreement with Fremont Unified School District. Task Order HSD-16 for the Provision of Mental Health, Family Support Services, Parenting Support, Adolescent Substance Use Disorder Treatment Services, Youth Development and Alternative to Suspension Services; as well as collaborate with the FUSD Wellness Centers to innovate and deliver services, and explore opportunities to assist homeless parents and their youth.
Contact Persons:
Name: Annie Bailey Suzanne Shenfil
Title: Youth and Family Services
Administrator
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2051
E-Mail: [email protected] [email protected]
September 20, 2022 Fremont City Council Page 5
RECOMMENDATION: Approve and authorize the City Manager or her designee to enter into Task Order HSD-16 to the Joint Powers Agreement with Fremont Unified School District in an amount not to exceed $113,563 for Youth and Family Services Division to provide School-Based Mental Health Counseling; Why Try Cognitive Behavioral Group Counseling 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).
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
A. RENT REVIEW ORDINANCE ANNUAL REPORT AND PROGRAM FEE – Public Hearing (Published Notice) to Review the Annual Report on the Rent Review Ordinance and Adopt the FY 2022/23 Annual Fee
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. Receive the Rent Review Ordinance Annual Report;
2. Hold a public hearing;
3. Authorize a fee of $13.00 per residential rental unit in FY 2022/23 to recover the costs of the Rent Review Program; and
4. Adopt a resolution to amend the Master Fee Schedule to modify the Rent Review Program Fee.
6. Report from City Attorney - None.
September 20, 2022 Fremont City Council Page 6
7. Other Business
A. AMENDMENT TO THE ANIMALS ORDINANCE - Introduce Ordinance Amending and Adding Sections to Chapter 6.10 Animal Ownership, Chapter 6.20 Licensing and Vaccinations, Chapter 6.30 Impoundment, Chapter 6.40 Animal Fancier’s Permit and Chapter 6.50 Prohibited Activities.
Contact Persons:
Name: Kelly Miott Matthew Snelson
Title: Animal Services Manager Police Captain
Dept: Police Department Police Department
Phone: (510) 790-6646 510-790-6874
E-Mail: [email protected] [email protected]
RECOMMENDATION: Waive the first reading and introduce the proposed ordinance, attached as Exhibit A, amending Fremont Municipal Code Sections
6.10.030, 6.10.040, 6.10.070, 6.20.010, 6.30.040, 6.30.060, 6.40.030, 6.40.040, and 6.50.040, and adding Sections 6.10.130, 6.40.025, and 6.40.035.
8. Council Communications
A. Council Referrals - None.
B. Oral Reports on Meetings
9. Adjournment
September 20, 2022 Fremont City Council Page 7
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 20, 2022 Fremont City Council Page 8
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 September 20, 2022 6:00 p.m. City Council Closed
Session 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