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 19, 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 19, 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 19, 2023
September 19, 2023 Fremont City Council Agenda 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: 834 7997 3976. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/83479973976
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 19, 2023 Fremont City Council Agenda Page 3
Agenda
Fremont City Council Regular Meeting
September 19, 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. ETECH CONSULTING ON-CALL ACCELA SUPPORT TECHNOLOGY SERVICES - Authorize the City Manager or her designee to execute an amendment to the Master Technology Services Agreement with Etech Consulting Inc. to extend the term and increase the not-to-exceed compensation to $400,000.
Contact Persons:
Name: Jennifer Craven Sanford Taylor
Title: Business Manager IT Director
Dept: Community Development Information Technology Services Phone: 510-494-4554 510-494-4802
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or her designee to execute an amendment to the Master Services Technology Agreement with eTech Consulting, Inc., to extend the term by two years from the date of execution and increase the not-to-exceed compensation to $400,000.
September 19, 2023 Fremont City Council Agenda Page 4
D. CENTERVILLE RAILROAD CORRIDOR SAFETY IMPROVEMENTS - Approval of Reimbursement Agreement for Preliminary Engineering with Union Pacific Railroad in the Amount of $245,000 for the Centerville Railroad Corridor Safety Improvement Project (PWC9071); Appropriation Actions; and Make Findings of CEQA Exemption
Contact Persons:
Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approve the following actions related to the Centerville Railroad Corridor Safety Improvements (PWC9071):
1. Find the action is exempt from environmental review, as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment).
2. Authorize City Manager or designee to execute a Reimbursement Agreement with UPRR in an amount not to exceed $245,000 for preliminary engineering support.
3. Reallocate $280,000 from PWC9041-515 to PWC9071-515.
4. Reallocate $120,000 from PWC8933-531 to PWC9071-531.
E. RADIO SERVICES PROVIDED BY EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY (EBRCSA) - Authorize the City Manager, or Designee, to Issue Purchase Orders for Annual Operating Payments/Renewals and Execute Implementing Documents with EBRCSA for Use of the Public Safety Radio Communications System Contact Persons:
Name: Deirdre Rockefeller-Ramsey Sean Washington
Title: Police Business Manager Police Chief
Dept: Police Department Police Department
Phone: 510-790-6991 510-790-6969
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or designee, to issue a purchase order for the annual operating payment to EBRCSA in an amount not to exceed $312,840 for the one-year period effective July 1, 2023, through June 30, 2024, and execute implementing documents as necessary.
F. HEALTH PROMOTION CONTRACT - Authorization to Contract with Alameda County Health Care Services Agency for Health Promotion Services 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]
September 19, 2023 Fremont City Council Agenda Page 5
RECOMMENDATIONS:
1. Authorize the City Manager, or her designee, to execute a contract with the Alameda County Health Care Services Agency in the amount of $206,219 for the period of July 1, 2023 through June 30, 2024 for the Health Promoter Project.
2. Appropriate an additional $6,219 in the Ageing and Family Services Behavioral Health Fund (Fund 104) to equal the contract amount.
3. Find that the action is exempt from CEQA review.
G. CONTRACT AMENDMENT FOR ORGANIC WASTE TECHNICAL ASSISTANCE - Authorize the City Manager or Designee to Execute an Amendment to the Organic Waste Technical Assistance Services Agreement with APTIM Environmental & Infrastructure, LLC, Extending the Agreement through June 30, 2024 and Increasing the Not-to-Exceed Amount from $96,018 to $150,000.
Contact Persons:
Name: Allyn McAuley Suzanne Wolf
Title: Environmental Specialist II Community Services Director Dept: Environmental Services Community Services
Phone: 510-494-4576 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or her designee to execute an amendment to Agreement 22-0333 with APTIM Environmental & Infrastructure, LLC, extending the agreement through June 30, 2024, and increasing the not-to- exceed amount from $96,018 to $150,000.
H. WINTER RELIEF SERVICE AGREEMENT - Authorize the City Manager or designee to enter into a $230,500 Standard Service Agreement with the County of Alameda for the City to provide non-congregate shelter options for individuals and families experiencing homelessness; and making findings of CEQA exemption.
Contact Persons:
Name: Arquimides Caldera Suzanne Shenfil
Title: Deputy Director of Human
Services
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2056 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager or designee to execute a FY 2023/24 Standard Service Agreement of $230,500 with the County of Alameda to support the Winter Relief program.
2. Find that the actions are exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15183 and/or 15061(b)(3).
September 19, 2023 Fremont City Council Agenda Page 6
I. PORTABLE RESTROOM AND HANDWASHING STATION CONTRACT - Authorize the City Manager to Execute a Three-Year Contract with United Site Services for Rental and Maintenance Servicing of Portable Restrooms and Handwashing Stations at Various Homeless Encampment and Vehicle Habitation Sites Not-to-Exceed $116,140 with an Optional Two-Year Extension Not-to-Exceed $84,349.
Contact Persons:
Name: Jamie Cooley Suzanne Wolf
Title: Environmental Specialist I Community Services Director Dept: Community Services Community Services
Phone: (510) 494-4573 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or her designee to execute a contract with United Site Services for rental and maintenance servicing of portable restrooms and handwashing stations at various homeless encampment and vehicle habitation sites for an initial term of three years in an amount not-to-exceed $116,140, and an optional two-year term for $84,349, for a potential total not-to- exceed amount of $200,489.
J. ACTC PROJECT FUNDING AGREEMENTS - Approval of Project Funding Agreements with Alameda County Transportation Commission (ACTC) and Appropriation of Funds for the East Bay Greenway Trail (Irvington to Fremont BART) (PWC9101) and Fremont Boulevard/Walnut Avenue Bikeway Project (PWC9100) for a Combined Total Funding Amount of $2,133,000
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]
RECOMMENDATIONS:
1. Authorize the City Manager or his designee to execute Project Funding Agreements for the East Bay Greenway Trail (Irvington to Fremont BART) Project and the Fremont Boulevard/Walnut Avenue Bikeway Project.
2. Appropriate $1,033,000 in ACTC funds to PWC9101-504, and reallocate $25,000 in SB-1 funds from PWC8234-134 (SB-1-RMRA State Gas Tax 2030) to PWC9101-134 for the East Bay Greenway Trail (Irvington to Fremont BART) Project.
3. Appropriate $1,100,000 in ACTC funds to PWC9100-504, and reallocate $25,000 in SB-1 funds from PWC8234-134 (SB-1-RMRA State Gas Tax 2030) to PWC9100-134 for the Fremont Boulevard/Walnut Avenue Bikeway Project.
4. Find the action constitutes a funding and administrative activity which is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b), as as it can be seen with certainty that there is no possibility that the implementation of the agreements will have the potential for causing a significant effect on the environment. The projects associated with these funding agreements will undergo environmental review in compliance with CEQA.
September 19, 2023 Fremont City Council Agenda Page 7
3. Ceremonial Items
A. Proclamation: American Muslim Appreciation and 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
A. REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES - Consideration of Revisions to the Council Handbook to Incorporate Rosenberg’s Rules of Order
Contact Persons:
Name: Rafael Alvarado
Title: City Attorney
Dept: City Attorney's Office
Phone: 510-284-4030
E-Mail: [email protected]
RECOMMENDATION: Adopt a resolution amending the City Council Handbook or Rules and Procedures to incorporate Rosenberg’s Rules of Order and other technical revisions.
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
September 19, 2023 Fremont City Council Agenda Page 8
September 19, 2023 Fremont City Council Agenda 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
September 19, 2023 Fremont City Council Agenda Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 September 26, 2023 CANCELLED: CC/FUSD
Liaison Committee Meeting
Monday,
October 2, 2023 Joint Meeting,
RESCHEDULED TO 10/30
October 3, 2023 CANCELLED: City Council
Meeting
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 CANCELLED: CC/FUSD
Liaison Committee Meeting
Monday,
October 30, 2023 5:30 p.m. CC/FUSD Joint Meeting Council Chambers 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 City 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
January 2, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
January 9, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
January 16, 2024 7:00 p.m. City Council Meeting Council Chambers Live
January 23, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
January 30, 2024 No City Council Meeting (5th
Tuesday)