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
Allen DeMers, Deputy City Manager
Geneva Bosques, Communications and
Legislative Affairs Director
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
November 21, 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
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 Speak – Speaker Card” card in opposition may be
added to the consent calendar. The City Attorney will
read the title of ordinances to be adopted.
Spoken Public Communications and/or
Public Comment is limited to speakers
attending the meeting in-person in
City Council Chambers.
Agenda and Report - Fremont City Council Meeting - November 21, 2023
November 21, 2023 Fremont City Council Agenda Page 2
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING.
The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which provides a link to the live stream; or, via Comcast Channel 27.
Please note at this time, Channel 27 is only available to Comcast cable subscribers. The public may also view the meeting via Zoom, 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.
Attending November 21, 2023 Council meeting online via Zoom https://us06web.zoom.us/j/83665233006
Webinar ID: 836 6523 3006.
Addressing the Council
Spoken Public Communications / Public Comment is limited to persons attending the Council Meeting in the City Council Chambers.
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 & letter, 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/letter, 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, submit the pdf formatted document(s) to the email above by the noted deadline.
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 for items on the agenda:
Attend meeting in-person in the Council Chamber, fill out a “Request to Speak – Speaker Card” with the agenda item number & letter, and submit to the City Clerk. When the Mayor calls for the item on which you wish to speak, step to the podium to address the City Council. Please limit your remarks on matters related to the agency and to the time limit allotted.
How to provide Spoken Public Comment during the meeting for items not on the agenda (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. Attend the meeting in-person in the Council Chamber and 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 may limit the time allotted for public speakers, and each speaker may only address the Council once on each agenda item.
The City Council Agendas may be accessed online: https://www.fremont.gov/government/agenda-center
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
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] at least two working days prior to the meeting for assistance.
Your interest in the conduct of our City’s business is appreciated.
November 21, 2023 Fremont City Council Agenda Page 3
Agenda
Fremont City Council Regular Meeting
November 21, 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 Speak” 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. SELECTION OF THE VICE MAYOR - Selection of the Vice Mayor for the Period Covering November 2023 through July 2024
Contact Persons:
Name: Susan Gauthier Allen DeMers
Title: City Clerk Deputy 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: By motion, appoint Councilmember Yang Shao as the Vice Mayor for the period covering November 2023 through July 2024.
D. PURCHASE OF FLEET VEHICLES - Approval of Purchase Orders through Cooperative Agreements for the Purchase of Various Fleet Vehicles with:
1) Tymco, Inc. for the Purchase of Two Street Sweepers in an Amount Not to Exceed $818,429.88; 2) Vac-Con Inc., for the Purchase of a Vac- Con Storm Drain Cleaning Truck in an Amount Not to Exceed $782,097.93 and; 3) PB Loader Corporation for an Asphalt Patch Truck in an Amount Not to Exceed $289,628.84. Related Appropriation Action.
Exempt from CEQA Review.
November 21, 2023 Fremont City Council Agenda Page 4
Contact Persons:
Name: Mark Collins Hans Larsen
Title: Fleet Maintenance Manager Public Works Director
Dept: Maintenance Public Works
Phone: 510-979-5739 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager or designee to execute a purchase order with Tymco, Inc. for the purchase of two street sweeper vehicles in an amount not to exceed $818,429.88.
2. Authorize the City Manager or designee to execute a purchase order with Vac- Con Inc., for the purchase of one Vac-Con storm drain cleaning truck in an amount not to exceed $782,097.93.
3. Authorize the City Manager or designee to execute a purchase order with PB Loader Corporation for one asphalt patch truck in an amount not to exceed $289,628.84.
4. Appropriate an additional $295,000 for vehicle replacement in the Integrated Waste Management Fund (Fund 115).
5. Find the proposed action is not a project as defined by Public Resources Code Section 21065, and, alternatively, each as a separate and independent basis for CEQA compliance, find the action is exempt from CEQA review under Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, and Section 15378(b), as an organizational, administrative, policy and fiscal activity that will not result in direct or indirect physical change in the environment.
E. APPROPRIATION OF REGIONAL EARLY ACTION PLANNING (REAP) GRANT - To Consider Acceptance and Appropriation of $111,677 in Grant Funds to Support the City's Housing Element Update and Implementation Activities, and to Consider a Finding that the Acceptance of Grant Funding to Support the Housing Element is Exempt from the California Environmental Quality Act (CEQA), per, Without Exception, Each as a Separate and Independent Basis, Guideline 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: Joel Pullen Dan Schoenholz
Title: Planning Manager Community Development Director
Dept: Planning Community Development
Phone: 510-494-4436 510-494-4438
E-Mail: [email protected] [email protected]
November 21, 2023 Fremont City Council Agenda Page 5
RECOMMENDATION: Accept the REAP grant funding from the Association of Bay Area Governments, and appropriate $111,677 to the Miscellaneous Operating Grants Fund (Fund 190) for the purpose of supporting Housing Element Update and Implementation activities.
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 - None.
6. Other Business
A. AC TRANSIT REALIGN PRESENTATION
Presentation from AC Transit on Realign, a Comprehensive Planning Process to Better Match Service to Peoples’ Transit Needs
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]
November 21, 2023 Fremont City Council Agenda Page 6
APPOINTMENTS:
Advisory Body Appointee Term Expires
East Bay Regional Park District Liaison Narda Mamou 12/31/2027 Committee Recreation Commission Representative (Primary)
East Bay Regional Park District Liaison Jessica Williams 12/31/2027 Committee Recreation Commission Representative (Alternate)
Economic Development Advisory Commission Fernando Cuebas 12/31/2027 At Large Representative
George W. Patterson House Advisory Board Sandar Sankaran 12/31/2025 Recreation Commission Representative
Mobility Commission Daniel Karpelevitch 12/31/2027
Bicycling Representative 2
REAPPOINTMENTS:
Advisory Body Appointee Term Expires
Historical Architectural Review Board Dave Jacobs 12/31/2027
Mobility Commission Flavio Poehlmann 12/31/2027
Pedestrian Representative 2
Mobility Commission Jain Shikha 12/31/2027
Transit Representative 2
Mobility Commission Mark Spencer 12/31/2027
Driving Representative 2
Senior Citizens Commission Claudette Surma 12/31/2027
RECOMMENDATION: Approve appointments & reappointments.
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
November 21, 2023 Fremont City Council Agenda 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
November 21, 2023 Fremont City Council Agenda Page 8
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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)
Monday,
February 5, 2024 5:30 p.m. CC/FUSD Joint Meeting FUSD Hosts Live February 6, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 13, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 20, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 27, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
March 5, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
March 12, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
March 19, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
March 26, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live