City Council Chambers
3300 Capitol Avenue
Fremont, CA
Fremont City Council
Lily Mei, Mayor
Teresa Keng, Vice Mayor
Desrie Campbell, 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 20, 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 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 - December 20, 2022
December 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: 825 7275 7440. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/82572757440
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 20, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
December 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-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
1. APPROVAL OF MINUTES – for the Special and Regular Meetings of December 6, 2022 and the Regular Meeting of December 13, 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. MILITARY EQUIPMENT USE POLICY – Approve amendments to the Military Equipment Use Policy for the purchase of additional UAS and PepperBall VKS launchers and amendments clarifying the use of UAS in partnership with the Fire Department; making related findings
Contact Persons:
Name: Sean Washington Matthew Snelson
Title: Police Chief Police Captain
Dept: Police Department Police Department
Phone: 510-790-6969 510-790-6874
E-Mail: [email protected] [email protected]
December 20, 2022 Fremont City Council Page 4
RECOMMENDATIONS:
1. Approve the amendment to Exhibit 1 of the Military Use Policy expressly approving supportive UAS operations between the Fremont Police and Fire Departments, adding three drones, and adding eighteen PepperBall VKS launchers.
2. Authorize FPD to seek grant funding in the 2022/23 COPS grant fund 151 and to purchase the requested three UAS and find that it is necessary because: a) there are no reasonable alternatives that can achieve the same objective of officer and civilian safety, b) the attached Military Equipment Use Policy with amendments will safeguard the public's welfare, safety, civil rights, and civil liberties, and c) the UASs are reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
3. Authorize FPD to seek grant funding in the 2022/23 COPS grant fund 151 and to purchase the requested eighteen PepperBall VKS launchers and find that it is necessary because: a) there are no reasonable alternatives that can achieve the same objective of officer and civilian safety, b) the attached Military Equipment Use Policy with amendments will safeguard the public's welfare, safety, civil rights, and civil liberties, and c) the PepperBall VKS launchers are reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
D. CITY OF FREMONT AND FREMONT UNIFIED SCHOOL DISTRICT
PARTNERSHIP AGREEMENTS - AFTER SCHOOL EDUCATION AND SAFETY PROGRAM GRANT AND EXPANDED LEARNING OPPORTUNITIES PROGRAM – Authorize the City Manager or her designee to submit a 3-year cycle renewal grant application as co-applicant with the Fremont Unified School District for the After School Education and Safety (ASES) Program and execute Amendment No. 3 to Agreement No. 18-0217; authorize the City Manager or her designee to execute an additional agreement with the Fremont Unified School District for the Extended Learning Opportunity Program (ELO-P); and related appropriation actions
Contact Persons:
Name: Irene Jordahl Suzanne Wolf
Title: Recreation Superintendent II Community Services Director Dept: Community Services Community Services
Phone: 510-494-4322 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager or her designee to submit a 3-year cycle renewal application as co-applicant with the Fremont Unified School District to collaboratively operate the State of California Department of Education for the After School Education and Safety (ASES) Program.
2. Approve and authorize the City Manager or her designee to execute Amendment No. 3 to the existing Agreement No. 18-0217 with the Fremont Unified School District for partnership and services related to the ASES Grant Program covering the next 3-year renewal cycle.
3. Approve and authorize the City Manager or her designee to enter into an Agreement with the Fremont Unified School District (FUSD) for the Extended Learning Opportunity Program (ELO-P).
4. Recognize an additional $257,536 of revenue in Recreation Cost Center (Fund 189) and appropriate it to pay for the expenses of the ELO-P.
December 20, 2022 Fremont City Council Page 5
E. FACILITIES MAINTENANCE AGREEMENT FOR FREMONT SKATE PARK MAINTENANCE AND SAFETY WORK - Authorize the City Manager or Designee to Execute the Facilities Maintenance Agreement with California SkateParks
Contact Persons:
Name: Andrew Freeman Suzanne Wolf
Title: Business Manager Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize City Manager or designee to execute an agreement with California SkateParks to perform maintenance and safety work at Fremont Skate Park through June 30, 2024, for a total not-to-exceed amount of $219,600.
F. ALAMEDA COUNTY HOUSING COMMUNITY SUPPORTS CONTRACTS - Authorize the City Manager to Execute Agreements to Provide Housing Transition Navigation and Housing Tenancy and Sustaining Services; Appropriation Actions.
Contact Persons:
Name: Laurie Flores Suzanne Shenfil
Title: Homeless Services Manager Director
Dept: Human Services Department Human Services Department Phone: 510-574-2040 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager or her designee to execute agreements with Alameda County including a capacity building agreement not to exceed $30,000, and a service agreement not to exceed $290,000.
2. Increase the revenue estimate in the Miscellaneous Operating Grants Fund (Fund 193) by $320,000 and appropriate the additional revenue for the purposes described in the staff report.
3. Make findings of CEQA exemption.
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
December 20, 2022 Fremont City Council Page 6
5. Scheduled Items
A. ADOPTION OF LIVE / WORK PREFERENCE POLICY - CITYWIDE - Public Hearing (Published Notice) To Consider the Planning Commission’s Recommendation to Adopt an Ordinance Amending The City’s Affordable Housing Ordinance (Chapter 18.155 of the Fremont Municipal Code) To Include A Live/ Work Preference Policy For City Regulated Affordable Housing Developments, And To Consider A Finding That No Further Environmental Review is Required Pursuant To The California Environmental Quality Act (CEQA), Per, Without Limitation, Each As A Separate And Independent Basis, CEQA Guidelines Sections 15378 and 15061.
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]
RECOMMENDATIONS:
1. Hold public hearing.
2. Find that the amendments are 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 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment; and (2) CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the amendments will have the potential for causing a significant effect on the environment.
3. Find that the proposed amendments are consistent with the General Plan, including the Housing and Land Use Element policies discussed in the staff report.
4. Find that the proposed amendments further the public interest, convenience, and general welfare of the city by encouraging a more balanced jobs to housing ratio, thereby reducing the need for residents to travel outside of the city for work.
5. Waive full reading and introduce an ordinance amending the Affordable Housing Ordinance (Fremont Municipal Code Chapter 18.155).
6. Direct staff to prepare and the City Clerk to publish a summary of the proposed ordinance.
7. Direct the City Clerk to publish a notice of public hearing to consider adoption of the ordinance in accordance with Government Code Section 6066 and 50022.3.
6. Other Business - None.
December 20, 2022 Fremont City Council Page 7
7. Items Referred by Councilmembers
A. Councilmember Referrals
1. COUNCILMEMBER COX REFERRAL: Request for a Flag Raising Ceremony to Celebrate Black History Month in February 2023 and Beyond Contact Persons:
Name: Teresa Cox
Title: Councilmember
Dept: City Council
Phone: 510-284-4007
E-Mail: [email protected]
RECOMMENDATION: Direct staff to prepare for and conduct a Flag Raising Ceremony in honor of Black History Month starting in February 2023 and annually thereafter to show support and foster the common values and commitments that unite all people against all forms of racism, discrimination, harassment, hatred, violence directed at racial and ethnic minorities. Black History Month is a time to look to the future to improve society so that we live up to the ideals of freedom, equality, and justice.
B. Appointments to Boards, Commissions, Committees
1. MAYOR MEI REFERRAL: Appointments and Reappointments 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
Environmental Sustainability Commission Steve Skala 12/31/2026 (At-Large Representative)
Planning Commission Shobana Ramamurthi 12/31/2026
Recreation Commission Narda Mamou 12/31/2026
Reappointments:
Advisory Body Appointee Term Expires
Art Review Board Christina Valdez Rodriguez 12/31/2026
Citizens Advisory Committee Beny Jain 12/31/2026
Arif Mohamed 12/31/2026
Alyssia Wong 12/31/2026
East Bay Regional Park District Larry Thompson 12/31/2026 Liaison Committee (Recreation Commission Primary Representative) December 20, 2022 Fremont City Council Page 8
Reappointments:
Advisory Body Appointee Term Expires
Economic Development Advisory Commission Jim Tietz 12/31/2026 (At Large Representative)
Economic Development Advisory Commission Kari Paige 12/31/2026 (Commercial/Industrial Representative)
Environmental Sustainability Commission Shreya Ramachandran 12/31/2026 (Student Representative)
George W. Patterson House Advisory Board Elissa Winters 12/31/2025 (Recreation Commission Representative)
George W. Patterson House Advisory Board Al Minard 12/31/2026 (Mission Peak Heritage Foundation Representative)
George W. Patterson House Advisory Board Patricia Lacy 12/31/2025 (Washington Township Historical Society Representative)
Human Relations Commission Anna Wang 12/31/2026
Library Advisory Commission Kathleen Lang 12/31/2026
Planning Commission Charles Haiyun Liu 12/31/2026
Senior Citizens Commission Linette Young 12/31/2026 Monique Chapman 12/31/2026
Youth Advisory Commission Justin Ho 12/31/2024
Meryl Mathew 12/31/2024
RECOMMENDATION: Approve appointments and reappointments.
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
December 20, 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 20, 2022 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 December 20, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 27, 2022 CANCELLED: CC/FUSD
Liaison Committee Meeting
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