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
September 12, 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 September 12, 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 - September 12, 2023
September 12, 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: 851 6002 9897. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/85160029897
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.
September 12, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
September 12, 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 June 20, 2023, the Special and Regular Meetings of July 11, 2023, the Regular Meeting of July 18, 2023, and the Special Meeting of August 15, 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. REPORT OF ACTIONS TAKEN DURING COUNCIL RECESS - Report of Actions Taken by the City Manager during Council Recess, July 19, 2023 through September 4, 2023
Contact Persons:
Name: Susan Gauthier Allen DeMers
Title: City Clerk Assistant to the City Manager
Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-494-4651
E-Mail: [email protected] [email protected]
RECOMMENDATION: Receive report acknowledging actions taken by the City Manager or designee during the recess.
September 12, 2023 Fremont City Council Page 4
D. ALAMEDA COUNTY PROBATION DEPARTMENT (ACPD) MASTER CONTRACT FOR JUVENILE JUSTICE CRIME PREVENTION ACT (JJCPA) - Authorization to Execute a Third Amendment to Contract with Alameda County Probation Department for Juvenile Justice Crime Prevention Act (JJCPA) Grant Funded Trauma-Focused Mental Health and Parenting Classes Provided by the Human Services Department’s Youth and Family Services Division for FY 2023/34; and a First Amendment to Subcontract with Seneca Family of Agencies (Seneca), and Make Findings of CEQA Exemption
Contact Persons:
Name: Annie Bailey Suzanne Shenfil
Title: Youth and Family Services
Administrator
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager or her designee to execute a Third Amendment with Alameda County Probation Department in the amount of $63,084, increasing the total not to exceed amount from $278,616 to $341,700 over the term of the agreement for the purpose of allowing the City to continue to provide the youth group and parenting programs through June 30, 2024;
2. Appropriate an additional $10,955, as described in the report, to equal the actual amendment amount of $63,084; and
3. Authorize the City Manager or her designee to execute an Amendment to a sub-contract with Seneca, for the additional amount of $45,564, increasing the not to exceed amount to $154,998 over the term of the agreement.
E. ALAMEDA COUNTY PROBATION DEPARTMENT CONTRACT - Authorization to execute a Second Amendment to a Master Service Contract, under a Joint Powers Agreement with Alameda County Probation Department for Programs Supporting At-Risk Youth and Families, through December 31, 2023 and Making Findings of CEQA Exemption
Contact Persons:
Name: Annie Bailey Suzanne Shenfil
Title: Youth and Family Services
Administrator
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or her designee to execute a Second Amendment to a multi-year joint powers agreement for the additional amount of $221,000, and a total not to exceed amount of $2,431,000 over the term of the Contract, with Alameda County to provide delinquency intervention and prevention services for at-risk youth and families in Fremont and Newark.
September 12, 2023 Fremont City Council Page 5
F. MULTIPURPOSE SENIOR SERVICES PROGRAM (MSSP) PROGRAM
CONTRACT - Adopt a Resolution Authorizing the City Manager to Execute a FY 2023/24 Contract with the California Department on Aging to Provide Multipurpose Senior Services Program (MSSP) and Making Findings of CEQA Exemption
Contact Persons:
Name: Karen L. Grimsich Suzanne Shenfil
Title: Family Services
Administrator
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2062 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution authorizing the City Manager or her designee to execute the contract MS-2324-37 with the California Department on Aging to provide MSSP services for FY 2023/24 in an amount not to exceed $546,312.
G. LOCAL AGENCY TECHNICAL ASSISTANCE GRANT FUNDS - Accept and Appropriate the Local Agency Technical Assistance Grant Funds in the amount of $500,000 to assist with pre-construction expenses that facilitate development of broadband network deployment to unserved and underserved constituents in the City of Fremont.
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. Accept the LATA funding in the amount of $500,000.
2. Recognize the grant revenue and appropriate $500,000, as well as any additional supplemental funding, in the Federal Operating Grants Fund (Fund 199).
3. Authorize the City Manager or designee to execute all necessary agreements and documents in connection with the grant award.
H. ACCEPTANCE OF THE STATE FUNDING GRANT FOR THE SIX COMMERCIAL DISTRICTS WI-FI ACCESS EXPANSION PROJECT - Accept and Appropriate the State of California Department of Housing & Community Development funding grant in the amount of $1,500,000 for the Commercial District Wi- Fi Access Expansion Project
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. Accept the HCD grant funding in the amount of $1,500,000;
2. Appropriate $1,500,000, as well as any additional supplemental funding, to the Commercial District Wi-Fi Access Expansion Project – PWC9108-525; and September 12, 2023 Fremont City Council Page 6
3. Authorize the City Manager or designee to execute all necessary agreements and documents in connection with the grant award.
I. ACCEPTANCE OF THE FEDERAL FUNDING GRANT FOR THE SIX
COMMERCIAL DISTRICTS WI-FI ACCESS EXPANSION PROJECT - Accept and Appropriate the U.S. Department of Housing and Urban Development funding grant in the amount of $1,500,000 for the Commercial District Wi- Fi Access Expansion Project
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. Accept the HUD grant funding in the amount of $1,500,000;
2. Appropriate $1,500,000, as well as any additional supplemental funding, to the Commercial District Wi-Fi Access Expansion Project – PWC9108-522; and
3. Authorize the City Manager or designee to execute all necessary agreements and documents in connection with the grant award.
J. PURCHASE OF MOTOROLA PORTABLE RADIOS FOR THE FIRE DEPARTMENT - Authorize the City Manager to Purchase Motorola Portable Radios for the Fire Department from Telepath Corporation Through a Cooperative Agreement with HGAC-Buy, for an amount not to exceed $110,000 Contact Persons:
Name: Corina Campbell Heather Mozdean
Title: Business Manager 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 issue a purchase order to Telepath Corporation for an amount not to exceed $110,000 to purchase Motorola Portable Radios through a cooperative agreement with HGAC-Buy.
K. SERVICE AGREEMENT FOR PRINTING AND MAILING SERVICE WITH FOLGER GRAPHICS - Approve and Authorize the City Manager or Designee to Execute a Service Agreement for Recreation Division Printing Services with Folger Graphics
Contact Persons:
Name: Michael Sa Suzanne Wolf
Title: Recreation Superintendent II Community Services Director Dept: Community Services Community Services
Phone: 510-494-4372 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATION: Award the agreement and authorize the City Manager or designee to execute a five-year contract, through June 30, 2028, with Folger Graphics in an amount not-to-exceed $125,000 annually, with up to a 5% annual Consumer Price Index adjustment that the City may consider, for a total not-to- exceed amount of $691,000.
September 12, 2023 Fremont City Council Page 7
L. STATE RECYCLING GRANTS APPLICATION AUTHORIZATION - Adopt a Resolution Authorizing the Submittal of Applications for CalRecycle Grant and Payment Programs, Authorizing the Execution of Any Documents to Accept CalRecycle Funding, and Authorizing the Implementation of the Grant or Payment Program Project
Contact Persons:
Name: Allyn McAuley Suzanne Wolf
Title: Environmental Specialist I Community Services Director Dept: Environmental Services Community Services
Phone: 510-494-4576 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt resolution authorizing the City Manager or her designee to submit CalRecycle grant and payment program applications, execute all documents necessary to secure funds, and implement CalRecycle grants and payment programs through September 12, 2028.
M. CITY HALL ROOF REPLACEMENT - Approval of Plans and Specifications and Award of Contract to Diablo Roofing, Inc. in the amount of $3,318,210 (including 15% Contingency) for the City Hall Buildings A & B Roof Replacement Project (PWC9095); Exempt from Environmental Review per CEQA Guideline Section 15301 (Existing Facilities)
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: Approval of the following actions related to the City Hall Buildings A & B Roof Replacement Project (PWC9095):
1. Find the project is exempt from CEQA review pursuant to CEQA Guideline Section 15301 as a repair or modification of an existing facility involving negligible or no expansion of use.
2. Approve Plans and Specifications for the City Hall Buildings A & B Roof Replacement Project.
3. Accept the Bid and award the construction contract to the lowest responsive and responsible bidder Diablo Roofing, Inc. in the amount of $2,885,400 and allocate a 15% contingency in the amount of $432,810 for a total construction contract amount of $3,318,210 and authorize the City Manager or designee to execute the contract.
September 12, 2023 Fremont City Council Page 8
3. Ceremonial Items
A. Proclamation: Childhood Cancer Awareness Month
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 - None.
6. Other Business - None.
7. Items Referred by Councilmembers
A. Councilmember Referrals - None.
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
Recreation Commission Bruce Brackett 12/31/2026
Youth Advisory Commission Samhita Balakrishnan
12/31/2023
Emily Sison 12/31/2023
Phi Chanda 12/31/2023
Rohan Bhagra 12/31/2024
Riya Patel 12/31/2024
Allyson Wong 12/31/2023
REAPPOINTMENTS:
Advisory Body Appointee Term
Expires
Youth Advisory Commission Edison Liu 12/31/2024
Kyle Leung 12/31/2024
September 12, 2023 Fremont City Council Page 9
RECOMMENDATION: Approve appointments & reappointments.
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
September 12, 2023 Fremont City Council Page 10
September 12, 2023 Fremont City Council Page 11
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
September 12, 2023 Fremont City Council Page 12
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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
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
December 5, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 12, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 19, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 26, 2023 CANCELLED: CC/FUSD
Liaison Committee Meeting Live