City Council Chambers
3300 Capitol Avenue
Fremont, CA
Fremont City Council
Lily Mei, Mayor
Teresa Cox, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5
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
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
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
June 20, 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 lobby
doors open approximately 15 minutes prior to the
start of the meeting. The public is strongly
encouraged but not required to wear masks.
Submission of Public Comments: For those wishing
to make public comments at the June 20, 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 - June 20, 2023
June 20, 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: 870 9060 3512. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/87090603512
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.
June 20, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
June 20, 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 Regular Meeting of June 6, 2023 and the Special and Regular Meetings of June 13, 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.
June 20, 2023 Fremont City Council Page 4
C. AUTHORIZE THE CITY MANAGER TO EXECUTE FEDERAL HOME AGREEMENTS – Authorize the City Manager to execute HOME Funding Agreements to Fremont Family Resource Center and Abode Services
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: Authorize the City Manager, or her designee, to execute:
1. A $342,860 HOME agreement with the Fremont Family Resource Center, for FYs 2023/24 and 2024/25, for the Stay Housed Program.
2. A $150,000 HOME agreement with Abode Services, for FYs 2023/24 and 2024/25, for its Rapid Rehousing Program.
D. MUTUAL AID AGREEMENT FOR EMERGENCY FIRE RESPONSE -
Consideration and Approval of a Mutual Aid Agreement for Emergency Fire Response between the City of Fremont and the City of Milpitas Contact Persons:
Name: Zoraida Diaz Heather Mozdean
Title: Fire Chief Deputy Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4281
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or designee to execute a Mutual Aid Agreement between the City of Fremont and the City of Milpitas to provide mutual aid fire emergency response as needed for a term of five (5) years.
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
June 20, 2023 Fremont City Council Page 5
5. Scheduled Items
A. 2023 ACCESSORY DWELLING UNIT ZONING TEXT AMENDMENT – CITYWIDE (PLN2023-00218) - Public Hearing (Published Notice) to consider a Zoning Text Amendment to repeal and replace Fremont Municipal Code (FMC) §18.190.005 (Accessory Dwelling Units) to comply with new state law as well as carry out program implementation from the City’s 2023-2031 Housing Element and amend other various sections of the FMC for internal consistency; and to consider exemptions for the project from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), §15282 (Other Statutory Exemptions), and §15378 (Project).
Contact Persons:
Name: Mayank Patel Dan Schoenholz
Title: Associate Planner Community Development Director Dept: Community Development Community Development
Phone: (510) 494-4450 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Hold public hearing.
2. Find that the proposed text amendments to the Fremont Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), §15282(h) (ADU Ordinance Statutory Exemption), and §15378 (Project).
3. Find that the proposed amendments are consistent with the General Plan.
4. Find that the proposed amendments further the public interest, convenience, and general welfare of the city by ensuring consistency between the FMC and the City’s General Plan and with state law, and provide for zoning district uses and development standards that are relevant to current development trends, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents.
5. Introduce an ordinance approving amendments to FMC Title 9 (Public Peace, Morals and Welfare) and Title 18 (Planning and Zoning).
6. Direct Staff to document the findings and recommendation of the Planning Commission to the City Council and to prepare, and the City Clerk to publish, a summary of the ordinance.
June 20, 2023 Fremont City Council Page 6
6. Other Business
A. CLIMATE READY FREMONT PUBLIC DRAFT - Presentation of the draft Climate Action Plan (CAP) update for Council review and release to the public for comments
Contact Persons:
Name: Rachel DiFranco Dan Schoenholz
Title: Sustainability Manager Community Development Director Dept: Community Development Community Development
Phone: 510-494-4451 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Provide feedback to staff regarding any desired changes to the draft Climate Ready Fremont plan.
2. Direct staff to release the draft Climate Ready Fremont plan for a period of public review and comment.
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
June 20, 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
June 20, 2023 Fremont City Council Page 8
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 June 20, 2023 5:45 p.m. City Council Closed Session
Meeting
Council
Chambers Live
June 20, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
June 27, 2023 CANCELLED: CC/FUSD
Liaison Committee Meeting Live
July 4, 2023 CANCELLED: City Council
Meeting
July 11, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
July 18, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
July 25, 2023 CANCELLED: CC/FUSD
Liaison Committee Meeting
August Recess Council in Recess until
September
September 5, 2023 7:00 p.m. City Council Meeting Council Chambers Live
September 12, 2023 7:00 p.m. City Council Meeting Council Chambers Live
September 19, 2023 7:00 p.m. City Council Meeting Council Chambers Live
September 26, 2023 CANCELLED: CC/FUSD
Liaison Committee Meeting Live
Monday,
October 2, 2023 5:30 p.m. CC/FUSD Joint Meeting Council Chambers Live
October 3, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
October 10, 2023 7:00 p.m. City Council Meeting Council Chambers Live
October 17, 2023 7:00 p.m. City Council Meeting Council Chambers Live
October 24, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
October 31, 2023 No City Council Meeting
(5th Tuesday)
November 7, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 14, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 21, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live