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
Tina Gallegos, Human Resources Director
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
December 06, 2022
General Order of Business
1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)
2. Consent Calendar
3. Ceremonial Items
4. Public Communications
5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees
6. Other Business
7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments
8. 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 December 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 - December 06, 2022
December 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: 827 1783 7737. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/82717837737
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.
December 6, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
December 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-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)
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. DEDICATION OF PARKLAND - Consider Adopting a Resolution to Dedicate
8.84 Acres at the Corner of Paseo Padre Parkway and Stevenson Boulevard as Parkland and to find that no further environmental review is required for the parkland dedication pursuant to CEQA Guidelines 15307, 15308, 15162, 15163, 15678(b) and 15601(b)(3)
Contact Persons:
Name: Tara Bhuthimethee Suzanne Wolf
Title: Senior Landscape Architect Community Services Director Dept: Landscape Architecture Community Services
Phone: 510-494-4738 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Adopt a resolution dedicating 8.84 acres of land at Paseo Padre Parkway and Stevenson Boulevard as parkland and making CEQA findings.
2. Find that designation of the 8.84 acres of land at Paseo Padre Parkway and Stevenson Boulevard for park purposes is exempt from the requirements of CEQA per CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources), Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), Sections 15162 and 15163 (Actions analyzed under the General Plan EIR), and Sections 15378(b) and 15601(b)(3), as the dedication is an administrative activity.
December 6, 2022 Fremont City Council Page 4
D. AGREEMENT FOR COMMERCIAL REAL ESTATE CONSULTING AND
BROKERAGE SERVICES - Authorize City Manager or Designee to Execute an Agreement for Commercial Real Estate Consulting and Brokerage Services in the Amount Not to Exceed $30,300 Plus Brokerage Commission Not to Exceed $1,400,000
Contact Persons:
Name: Tara Bhuthimethee Suzanne Wolf
Title: Senior Landscape Architect Community Services Director Dept: Landscape Architecture Community Services
Phone: 510-494-4738 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize City Manager or designee to execute an agreement with DCG Strategies, Inc. to perform commercial real estate analysis and real estate brokerage services as necessary to purchase parkland for future development for the amount of $25,250, plus a 20% contingency of $5,050, for a total not- to-exceed amount of $30,300 and brokerage commission of 2.5% of the purchase price for potential parkland acquired, not to exceed an estimated $1,400,000.
2. Find that the award of the proposed agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The procurement of real estate brokerage services to evaluate and identify potential land purchases will clearly not have a significant effect on the environment and, thus, CEQA does not apply, and no further environmental review is necessary. Any future land purchase will be analyzed under CEQA separately from this contract.
December 6, 2022 Fremont City Council Page 5
E. WINTER RELIEF SERVICE AGREEMENT - Authorize the City Manager or their designee to enter into a $230,500 Standard Service Agreement with the County of Alameda for the City to provide non-congregate shelter options for individuals and families experiencing homelessness; Approve related appropriation actions; and authorize the City Manager or designee to execute FY 2022/23 Standard Service Agreements with K B & Son, Inc. and C & L, LLC, for temporary use of hotel rooms as winter relief shelter utilizing the Alameda County grant and making findings of CEQA exemption.
Contact Persons:
Name: Laurie Flores Arquimides Caldera
Title: Homeless Services Manager Deputy Director of Human Services
Dept: Human Services Department Human Services Department Phone: 510-574-2040 510-574-2056
E-Mail: [email protected] [email protected]
RECOMMENDATION:
1. Authorize the City Manager or designee to execute a FY 2022/23 Standard Service Agreement of $230,500 with the County of Alameda to support the Winter Relief program.
2. Increase the revenue estimate in the Miscellaneous Operating Grants Fund (Fund 193) by $55,000 to reflect the service agreement with the County of Alameda and increase appropriations by $55,000 for the Winter Relief program.
3. Authorize the City Manager or designee to execute FY 2022/23 Standard Service Agreements with K B & Son, Inc. and C & L, LLC, for temporary use of hotel rooms as winter relief shelter.
4. Find that the actions are exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15183 and/or 15061(b)(3).
3. Ceremonial Items
A. Proclamation: World AIDS Day
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
December 6, 2022 Fremont City Council Page 6
5. Scheduled Items
A. I-880 INNOVATION BRIDGE AND TRAIL PROJECT - Public Hearing (Published Notice) to Consider Adoption of a Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program Prepared and Circulated for the I-880 Innovation Bridge and Trail Project (East Bay Greenway Reach 6) in Accordance with the Requirements of the California Environmental Quality Act (PWC8907)
Contact Persons:
Name: Mirabel Aguilar Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4761 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approval of the following actions related to the I-880 Bicycle/Pedestrian Bridge and Trail Project (East Bay Greenway Trail Reach 6):
1. Hold the Public Hearing.
2. Adopt a Resolution making required findings pursuant to the California Environmental Quality Act, and adopting the Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as shown in Exhibit “A” and Exhibit “B.”
B. DEVELOPMENT IMPACT FEE ANNUAL REPORT AND PROPOSED INCREASE IN FEES - Public Hearing (Published Notice) to Consider the Development Impact Fee Annual Report for Fiscal Year 2021/22 and an Increase in Development Impact Fees in an Amount of 13.65% to Align with the Bay Area Construction Cost Index
Contact Persons:
Name: Michelle Silva-Salinas Hans Larsen
Title: Business Manager Public Works Director
Dept: Public Works Public Works
Phone: 510-979-5705 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Approve the Development Impact Fee Annual Report FY 2021/22.
2. Hold a public hearing to hear any public comments regarding the proposed impact fee adjustment.
3. Adopt a resolution approving a 13.65% increase to development impact fees for the capital facilities, fire facilities, park facilities, parkland, and traffic programs to reflect construction cost changes in 2022, effective July 1, 2023.
December 6, 2022 Fremont City Council Page 7
6. Other Business
A. MISSION PEAK LEASE AGREEMENT WITH EAST BAY REGIONAL PARK DISTRICT - Consider Options for the Continued Maintenance and Operations of the 900 acres at Stanford Staging Area and the larger Mission Peak area for the purpose of public park, recreation, and open space and find that no further environmental review is required for the lease pursuant to CEQA Guidelines 15307, 15162, 15163, 15678(b) and 15601(b)(3)
Contact Persons:
Name: Suzanne Wolf
Title: Community Services Director
Dept: Community Services
Phone: 510-494-4329
E-Mail: [email protected]
RECOMMENDATIONS:
Consider options and provide direction to Staff on the continued maintenance and operations of the 900 acres at Stanford Staging Area and the larger Mission Peak area for the purpose of public park, recreation, and open space in a form similar to the attached proposed lease.
Staff Recommendation:
Authorize the City Manager to execute a lease agreement with East Bay Regional Park District to include 900 acres at Stanford Staging Area and the larger Mission Peak area for the purpose of public park, recreation, and open space in a form similar to the attached proposed lease.
If Council authorized the City Manager to execute a lease agreement with East Bay Regional Park District, find that continuation of the lease of 900 acres at Mission Peak to EBRPD would be exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15307; (2) the continuation of Mission Peak as a park by EBRPD are part of the project analyzed in the General Plan EIR (SCH#2010082060) and none of the circumstances necessitating preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163 are present; and (3) CEQA Guidelines Sections 15378(b) and 15601(b)(3).
Alternative Options:
Option 1: Direct staff to engage East Bay Park District to ascertain whether they would be willing to consider continuing on with the existing terms on a month -to- month basis indefinitely.
Option 2: Direct staff to engage a consultant to analyze the costs associated with the City assuming the ongoing maintenance and operations for the 900 acres at Stanford Staging Area and the larger Mission Peak area assuming ongoing resources can be identified or alternatively developing a plan to close the site based on lack of resources. If Council directs staff to pursue Option 2, staff will negotiate terms with a consultant and bring back a subsequent staff report requesting additional financial resources to complete the study.
December 6, 2022 Fremont City Council Page 8
7. Items Referred by Councilmembers
A. Councilmember Referrals - None.
B. Appointments to Boards, Commissions, Committees - None.
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
December 6, 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
December 6, 2022 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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
January 3, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
January 10, 2023 7:00 p.m. City Council Meeting Council Chambers Live
January 17, 2023 7:00 p.m. City Council Meeting Council Chambers Live
January 24, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
Monday, February 6,
2023 5:30 p.m. CC/FUSD Joint Meeting Council
Chambers Live
February 7, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 14, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 21, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
March 7, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 14, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 21, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
April 4, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
April 11, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
April 18, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
April 25, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live