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
Donovan Lazaro, Economic Development 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
October 04, 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 October 4, 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 - October 04, 2022
October 4, 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: 813 1873 2985. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/81318732985
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.
October 4, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
October 04, 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 Regular Meeting of September 6, 2022, for the Regular Meeting of September 13, 2022, and the Special and Regular Meetings of September 20, 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 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 (ANIMALS ORDINANCE)
RECOMMENDATION: Waive the second reading and adopt an ordinance 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.
October 4, 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 November 1, 2022.
E. TRACT 8292 - Approval of Final Map, Agreements for Construction of Public and Private Street Improvements, and Dedication of Land and Public Easements for Tract 8292, Located at 40857 Lincoln Street (Lincoln Townhomes)
Contact Persons:
Name: Kenneth Nagar Hans Larsen
Title: Associate Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4732 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution to:
1. Approve the Final Map and the Improvement Plans for Tract 8292.
2. Approve the Agreement for Public Improvements entitled “Public Improvement Agreement, Tract 8292”, with the developer, Gettysburg Common LLC, a California Limited Liability Company, and authorize the City Manager to execute the agreement on behalf of the City.
3. Approve the Agreement for Private Improvements entitled “Private Improvement Agreement, Tract 8292”, with the developer, Gettysburg Common LLC, a California Limited Liability Company, and authorize the City Manager to execute the agreement on behalf of the City.
4. Accept the developer’s offer of dedication of real property interests, as identified on the Final Map, provided that the acceptance of any property on which the developer is required to construct public improvements shall be conditioned upon the developer’s completion of the improvements to the satisfaction of the City Engineer.
October 4, 2022 Fremont City Council Page 5
F. DUSTERBERRY WAY RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT - Approval of Plans and Specifications, Award of Construction Contract to GradeTech, Inc. in the Amount of $464,153.86 (Including 15% Contingency) to Implement the Dusterberry Way Railroad Crossing Safety Improvement Project (PWC 8964); and Make Findings of CEQA Exemption (PWC 8964)
Contact Persons:
Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approval of the following actions related to the Dusterberry Way Railroad Crossing Safety Improvement Project (PWC 8964):
1. Find that this project is exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.
2. Approve the plans and specifications for the project.
3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, GradeTech, Inc. in the amount of $403,612.05 and allocate a 15% construction contingency in the amount of $60,541.81 for a total construction contract amount of $464,153.86 and authorize the City Manager or designee to execute the contract.
G. CENTERVILLE COMMUNITY PARK PRE-FABRICATED RESTROOM PROJECT (PWC8392 B) - Authorize the purchase of a Pre-Fabricated Restroom for Centerville Community Park and award a contract to the Public Restroom Company, Inc. (PRC) under SourceWell cooperative contract #081721, to design, fabricate, deliver and install the restroom for a contract amount not to exceed $503,180 (including a 10% contingency); and issue findings of CEQA compliance
Contact Persons:
Name: Mark Mennucci Suzanne Wolf
Title: Senior Landscape Architect Community Services Director Dept: Landscape Architecture Community Services
Phone: 510-494-4530 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Find that the project is categorically exempt as a Class 1 facility (Replacement and Reconstruction of Existing Facilities) under Section 15302 of the Guidelines of the California Environmental Quality Act and that no further environmental review is required based on the Council’s prior approval of a mitigated negative declaration for the entire Centerville Community Park Project.
2. Authorize the City Manager or designee to accept the proposal and execute an agreement with the Public Restroom Company through SourceWell Cooperative Contract #081721, to design, fabricate, deliver and install a new prefabricated restroom at Centerville Community Park for a base amount of $457,436, plus a 10% contingency of $45,744, for a total contract amount of $503,180.
October 4, 2022 Fremont City Council Page 6
H. FEDERAL EMERGENCY SOLUTIONS GRANT PROGRAM AGREEMENT AND FUND APPROPRIATION – Adopt a Resolution and Authorize the City Manager to Execute an Agreement with the U.S. Department of Housing and Urban Development for the new Emergency Solutions Grant (ESG) Program for Fiscal Year 2022/23 and Appropriate $149,961 in ESG Funding 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 adopt a resolution and authorize the City Manager or her designee to enter into an agreement with HUD for the new Emergency Solutions Grant program for FY 2022/23 and appropriate ESG funding in the Federal Operating Grants Fund.
I. ACCELA AUTOMATION SOFTWARE SUPPORT CONTRACT APPROVAL - Authorize the City Manager, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with Accela, Inc., for the Annual Software Support and Maintenance of the Accela Citizen Access (ACA), Accela GIS (AGIS), and Accela Automation (AA)
Contact Persons:
Name: Alicia Hernandez Sanford Taylor
Title: Division Manager IT Director
Dept: Business Systems Information Technology Services
Phone: 510-494-4805 510-494-4802
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager, or designee, to issue a purchase order and to execute implementing documents with Accela, Inc., for the annual software support and maintenance of Accela Automation (AA); Accela GIS (AGIS); and Accela Citizen Access (ACA) through October 29, 2023, in the amount not-to- exceed $476,551.
2. Authorize the City Manager, or designee, to renew the annual software support agreements with Accela, Inc., for four additional one-year terms in an amount not-to-exceed a five percent (5%) increase per year.
October 4, 2022 Fremont City Council Page 7
J. CALIFORNIA NURSERY HISTORICAL PARK PRE-FABRICATED RESTROOM - Authorize the purchase of a pre-fabricated restroom for California Nursery Historical Park and award a contract to the Public Restroom Company pursuant to SourceWell Cooperative Contract #081721, to design, fabricate, deliver and install a restroom for a contract amount not to exceed $663,255 (including a 10% contingency); and issue findings of CEQA compliance
Contact Persons:
Name: Rico Lardizabal Suzanne Wolf
Title: Associate Landscape
Architect
Community Services Director
Dept: Landscape Architecture Community Services
Phone: 510-494-4743 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Find the project is consistent with the adopted California Nursery Historical Park Master Plan, for which an Environmental Impact Report (EIR) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).
2. Authorize the City Manager or designee to accept the proposal and execute an agreement with the Public Restroom Company (PRC) through the SourceWell Cooperative Contract #081721, to design, fabricate, deliver, and install a new restroom at California Nursery Historical Park for a base amount of $602,959, plus a 10% contingency of $60,296, for a total contract amount of $663,255.
K. TRACT 8398 BOND RELEASE - Approval of Partial Release of Performance Bonds in the Amount of $6,889,999 Posted by Toll West Coast, LLC with Public and Private Improvement Agreements Required for Metro West Development Project
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]
RECOMMENDATION: Approve the partial release of the Faithful Performance Bonds in the amount of $6,889,999 posted by Toll West Coast, LLC with the approved Public and Private Improvement Agreements for Tract 8398.
L. TRACT 8403 BOND RELEASE - Approval of Partial Release of Performance Bond in the Amount of $2,288,000 Posted by Toll CA XX, L.P. with Private Improvements Agreement Required for Project Metro Crossing Phase 3 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]
RECOMMENDATION: Approve the partial release of the Faithful Performance Bond in the amount of $2,288,000 posted by Toll CA XX, L.P. with the approved Private Improvement Agreement for Tract 8403.
October 4, 2022 Fremont City Council Page 8
3. Ceremonial Items
A. Proclamation: Filipino Heritage Month
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. INTRODUCTION AND FIRST READING OF ORDINANCE ADOPTING BY REFERENCE, WITH AMENDMENTS, THE 2022 CALIFORNIA BUILDING,
MECHANICAL, PLUMBING, ELECTRICAL, EXISTING BUILDING, ENERGY,
RESIDENTIAL BUILDING, HISTORICAL BUILDING, AND GREEN BUILDING CODES; THE 2021 INTERNATIONAL POOL AND SPA CODE; AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE); AND REPEALING AND REPLACING FREMONT MUNICIPAL CODE TITLE 15 (BUILDING AND CONSTRUCTION), DIVISION 1 (FREMONT BUILDING STANDARDS CODE);
INTRODUCTION AND FIRST READING OF ORDINANCE ADOPTING BY REFERENCE, WITH AMENDMENTS, THE 2022 CALIFORNIA FIRE CODE AND REPEALING AND REPLACING FREMONT MUNICIPAL CODE TITLE 15 (BUILDING AND CONSTRUCTION), DIVISION 1 (FREMONT BUILDING STANDARDS CODE), CHAPTER 15.35 (FREMONT FIRE CODE); AND
ADOPTION OF RESOLUTION MAKING EXPRESS FINDINGS THAT
MODIFICATIONS TO THE 2022 CALIFORNIA BUILDING STANDARDS, AS
ADOPTED BY THE CITY, ARE REASONABLY NECESSARY DUE TO
LOCAL CONDITIONS.
Contact Persons:
Name: Gary West Jay Swardenski
Title: Building Official Fire Marshal
Dept: Building Inspection Fire Department
Phone: 510-494-4413 510-494-4200
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Hold public hearing.
2. Waive full reading and introduce ordinances and schedule a public hearing for November 1, 2022, to adopt by reference, with amendments, the 2022 California Building, Electrical, Plumbing, Mechanical, Residential, Green Building, Energy, Housing, Existing Buildings, and Fire Codes, the 2021 International Property Maintenance Code, and the 2021 International Swimming Pool and Spa Code.
3. Direct the City Clerk to publish a notice of public hearing set for November 1, 2022 , to consider adoption of the ordinances in accordance with Government Code Sections 6066 and 50022.3.
October 4, 2022 Fremont City Council Page 9
6. Report from City Attorney - None.
7. Other Business - None.
8. Council Communications
A. Council Referrals - None.
B. Oral Reports on Meetings
9. Adjournment
October 4, 2022 Fremont City Council Page 10
October 4, 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
October 4, 2022 Fremont City Council Page 12
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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