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
January 10, 2023
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 view the meeting on television and/or online or
attend in-person in the Council Chamber. The
Chambers have been arranged to encourage social
distancing between attendees and the public is
strongly encouraged but not required to wear
masks.
Submission of Public Comments: For those wishing
to make public comments at the January 10, 2023
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 - January 10, 2023
January 10, 2023 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) Attend meeting in-person in the Council Chamber, fill out a Speaker Card, and submit to the City Clerk. 2) By phone 833-430-0037 (toll free). Webinar ID: 860 1801 9080. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/86018019080
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.
January 10, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
January 10, 2023
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. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE TITLE 18 PLANNING AND ZONING, CHAPTER 18.155 AFFORDABLE HOUSING, ADDING SECTION
18.155.095 LIVE/WORK LOCAL PREFERENCE AND MAKING FINDINGS OF CEQA EXEMPTION (CEQA GUIDELINES SECTIONS 15162, 15183, AND 15061(B)(3))
RECOMMENDATION: Waive second reading and adopt ordinance amending Fremont Municipal Code Title 18 Planning and Zoning, Chapter 18.155 Affordable Housing, Adding Section 18.155.095 Live/Work Local Preference and Making Findings of CEQA Exemption (CEQA Guidelines Sections 15162, 15183, AND 15061(B)(3)).
January 10, 2023 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 February 7, 2023.
E. CITY INFRASTRUCTURE UPGRADE AND BACKUP SOLUTION SUPPORT AGREEMENTS - Authorize the City Manager, or Designee, to issue a purchase order to Dell Technologies in the amount of $134,638.02 for the purchase of an additional server and storage system and execute a service agreement with Eplus Technology Inc for the Annual Hardware and Software Support and Maintenance of the Rubrik Enterprise Backup Solution in the amount of $401,242.40
Contact Persons:
Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Dept: Information Technology
Services
Information Technology Services
Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Find that the purchase of computer hardware and software maintenance is not a project under the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(3) as the proposed action will clearly not have a significant effect on the environment and, thus, CEQA does not apply.
2. Authorize the City Manager, or designee, to execute a service agreement with Eplus Technology, Inc. in the amount of $401,242.40 (including applicable sales tax and shipping charges) for three years of support for the Rubrik Enterprise Backup and Recovery Solution.
3. Authorize the City Manager, or designee, to issue a purchase order to Dell Technologies in the amount of $134,638.02 (including applicable sales tax and shipping charges) for the Dell Technologies VxRail Hyperconverged Infrastructure augmentation and to execute any implementing documents and take any implementing actions as necessary.
January 10, 2023 Fremont City Council Page 5
F. VACATION OF EASEMENT AT 44408 PACIFIC COMMONS BOULEVARD - Adopt a Resolution Summarily Vacating a portion of the Emergency Vehicle Access Easement at 44408 Pacific Commons Boulevard in Bayside Industrial Community Plan Area (PLN2022-00397) and Make Finding of CEQA Exemption.
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 resolution to vacate a portion of the Emergency Vehicle Access Easement at 44408 Pacific Commons Boulevard.
G. ON-CALL ARCHITECTURAL DESIGN SERVICES - Approval of Agreements for On-Call Architectural Design Consulting Services with Interactive Resources, Inc., Joseph Chow & Associates, Inc., Aetypic, Inc., FOG Studio, and Shultz and Associates, Inc.
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: Make findings of CEQA exemptions, and approve and authorize the City Manager or designee to execute a Master Service Agreement with the following consultants:
1. Interactive Resources, Inc. for on-call architectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
2. Joseph Chow & Associates, Inc. for on-call architectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
3. FOG Studio for on-call architectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
4. Aetypic, Inc. for on-call architectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
5. Shultz and Associates, Inc. for on-call architectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
January 10, 2023 Fremont City Council Page 6
H. I-880 INNOVATION BRIDGE AND TRAIL PROJECT - Approval of Amendment to the Professional Services Agreement with T.Y. Lin International, to Increase Funding by $1,100,000 for a Total Agreement Amount Not to Exceed $5,720,000.00, for Final Design Services Related to the I-880 Innovation Bridge and Trail Project (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: Authorize the City Manager or designee to execute an Amendment to the Professional Services Agreement with T.Y. Lin International, to increase funding by $1,100,000 for a total agreement amount not to exceed $5,720,000.00, for final design services related to the I-880 Innovation Bridge and Trail Project (PWC8907).
I. HAZARDOUS MATERIALS RESPONSE SERVICES - Amend Agreement with Environmental Logistics Inc. for Services to Respond to Hazardous Materials Emergencies to Increase the Annual Compensation Amount to $216,000 for the Final Year of the Contract.
Contact Persons:
Name: Brian Wright Hans Larsen
Title: Management Analyst II Public Works Director
Dept: Public Works Public Works
Phone: 510-979-5715 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Make findings of CEQA exemption, and authorize the City Manager or designee to execute an amendment to the Hazardous Materials Response Agreement with Environmental Logistics Inc. to increase compensation by $60,000, to an amount not to exceed $216,000 for the last year of the contract.
3. Ceremonial Items
A. Proclamation: Afro American Cultural & Historical Society - 46th Commemoration of Dr. Martin Luther King, Jr.
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
January 10, 2023 Fremont City Council Page 7
5. Scheduled Items
A. 2023-2031 HOUSING ELEMENT UPDATE - Citywide - PLN2022-00335 - Public Hearing (Published Notice; Display Ad) To consider the Planning Commission's Recommendation for a General Plan Amendment to Adopt the 2023-2031 Housing Element, an Eight-Year Plan to Meet the Housing Needs of Everyone in the Community, 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 Section 15183, in that the Proposed Housing Element Update is Consistent with the Density Established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was Previously Prepared and Certified, and CEQA Guidelines Section 15061(b)(3), in that it Can be Seen with Certainty that There is No Possibility that the Proposed Housing Element Update would have the Potential for Causing a Significant Effect on the Environment. Additionally, Many Programs in the Housing Element Qualify as Being Statutorily or Categorically Exempt from CEQA Review Pursuant to State CEQA Guidelines Sections 15378 (Definition of a Project), 15262 (Feasibility and Planning Studies), 15267 (Financial Assistance to Low or Moderate Income Housing), 15305 (Minor Alterations in Land), 15301 (Existing Facilities), and 15311 (Accessory Structures).
Contact Persons:
Name: Wayland Li Joel Pullen
Title: Principal Planner Planning Manager
Dept: Planning Planning
Phone: 510-494-4453 510-494-4436
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 as a separate and independent basis, CEQA Guidelines Section 15183 and/or 15162 in that the proposed Housing Element update is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified and none of the circumstances necessitating further environmental review are present; and/or CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed Housing Element update would have the potential for causing a significant effect on the environment, and additionally, many programs in the Housing Element qualify as being statutorily or categorically exempt from CEQA review pursuant to State CEQA Guidelines Sections 15378 (Definition of a Project), 15262 (Feasibility and Planning Studies), 15267 (Financial Assistance to Low or Moderate Income Housing), 15305 (Minor Alterations in Land), 15301 (Existing Facilities), and 15311 (Accessory Structures);
3. Find that the 2023-2031 Housing Element is consistent with the General Plan;
4. Find that the adoption of the 2023-2031 Housing Element furthers the public interest, convenience, and general welfare of the city;
5. Adopt a resolution amending the General Plan to adopt the 2023-2031 Housing Element (Exhibit “A”); and
6. Direct staff to apply for available grant funding to support implementation of Housing Element programs.
January 10, 2023 Fremont City Council Page 8
6. Other Business - None.
7. Items Referred by Councilmembers
A. Councilmember Referrals
1. MAYOR MEI REFERRAL: REFERRAL FOR FLAG RAISING
Contact Persons:
Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]
B. Appointments to Boards, Commissions, Committees - None.
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
January 10, 2023 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
January 10, 2023 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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
January 31, 2023 No 7PM City Council Meeting
(5th Tuesday)
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
Monday, May 1,
2023 5:30 p.m. CC/FUSD Joint Meeting Council
Chambers Live
May 2, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 9, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 16, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 23, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live