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
March 07, 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 March 7, 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 - March 07, 2023
March 7, 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: 894 4406 9393. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/89444069393
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.
March 7, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
March 07, 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
1. APPROVAL OF MINUTES – for the Special and Regular Meetings of February 14, 2023 and the Regular Meeting of February 21, 2023
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 TITLE 6, SECTION
6.05.010, ADDING SECTION 6.10.140 AND REPEALING SECTION 6.40.040 (Animals Ordinance)
RECOMMENDATION: Waive second reading and adopt ordinance amending Fremont Municipal Code Title 6, Section 6.05.010, Adding Section 6.10.140 and Repealing Section 6.40.040.
March 7, 2023 Fremont City Council Page 4
D. EXTEND AGREEMENT BETWEEN THE CITY AND THE ALAMEDA COUNTY FIRE
DEPARTMENT FOR REGIONAL EMERGENCY COMMUNICATIONS CENTER AND FIRE DISPATCH SERVICES - Approve Five-month Extension of Agreement between the City and the Alameda County Fire Department for Regional Emergency Communications Center and Fire Dispatch Services Contact Persons:
Name: Corina Campbell Curtis Jacobson
Title: Business Manager Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager to execute an agreement to extend the term of the Agreement between the City of Fremont and the Alameda County Fire Department for Emergency and Fire Dispatch Services through June 30, 2023.
3. Ceremonial Items - None.
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
5. Scheduled Items
A. 2023 UPDATES TO THE FLOOD DAMAGE PREVENTION ORDINANCE - Citywide - PLN2023-00207 - To consider an ordinance to amend Fremont Municipal Code Title 18 (Planning and Zoning) Chapter 18.200 (Flood Damage Prevention) to remove text that is non-compliant with the National Flood Insurance Program (NFIP) and Community Rating System (CRS) and to enhance and clarify definitions, procedures and standards related to flood damage prevention in accordance with recommendations from the Federal Emergency Management Agency (FEMA), 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, (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); (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, and (3) CEQA Guidelines Section 15305, as a minor alteration in land use limitations which does not result in a change to land use or density.
Contact Persons:
Name: Dilip Kishnani Hans Larsen
Title: Principal Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4736 510-494-4722
E-Mail: [email protected] [email protected]
March 7, 2023 Fremont City Council Page 5
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; (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, and (3) CEQA Guidelines Section 15305, as a minor alteration in land use limitations which does not result in a change to land use or density;
3. Find that the proposed Zoning Text Amendment is consistent with the General Plan;
4. Find the proposed Zoning Text Amendment furthers the public interest, convenience, and general welfare of the city; and
5. Introduce an ordinance approving the proposed Zoning Text Amendment as set forth in the attached Draft Ordinance.
6. Other Business
A. FISCAL YEAR 2022/23 MID-YEAR BUDGET REPORT - Update on the Status of the FY 2022/23 General Fund Operating Budget and Preliminary Three - Year Forecast; Approve Budget Adjustments; Make Findings of CEQA Exemption
Contact Persons:
Name: David Persselin
Title: Finance Director
Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]
RECOMMENDATIONS:
1. Increase the General Fund revenue estimates for property tax by $2.8 million, sales tax by $37.6 million, and hotel tax by $1.2 million.
2. Increase the General Fund citywide savings estimate by $13 million.
3. Approve the transfer of $3.5 million to the Risk Management Fund (Fund 609).
4. Approve the transfer of $15 million to the Employee Benefits Fund (Fund 630).
5. Approve the transfer of $25 million to the Capital Improvements Fund (Fund 501).
March 7, 2023 Fremont City Council Page 6
7. Items Referred by Councilmembers
A. Councilmember Referrals
1. VICE MAYOR KENG REFERRAL: City Council consideration of a Lunar New Year City of Fremont paid holiday commencing in 2024.
Contact Persons:
Name: Teresa Keng
Title: Vice Mayor
Dept: City Council
Phone: 510-284-4012
E-Mail: [email protected]
2. COUNCILMEMBER KASSAN REFERRAL: Rental Protections
Contact Persons:
Name: Jenny Kassan
Title: Councilmember
Dept: City Council
Phone: 510-284-4018
E-Mail: [email protected]
B. Appointments to Boards, Commissions, Committees - None.
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
March 7, 2023 Fremont City Council Page 7
ACRONYMS
ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD
BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET
Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program
ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment
March 7, 2023 Fremont City Council Page 8
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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
May 30, 2023 No City Council Meeting
(5th Tuesday)
June 6, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
June 13, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
June 20, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
June 27, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live