City Council Chambers
3300 Capitol Avenue
Fremont, CA
Fremont City Council
Lily Mei, Mayor
Yang Shao, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Jenny Kassan, District 3
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
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
December 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
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 - December 12, 2023
December 12, 2023 Fremont City Council 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 December 12, 2023 City Council meeting online via Zoom https://us06web.zoom.us/j/85973042656
Webinar ID: 859 7304 2656
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.
December 12, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
December 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 - None.
C. ACCESS POINT AND HOUSING RESOURCE CENTER SERVICE AGREEMENT AMENDMENT - Authorize the City Manager or their Designee to Enter into an Amendment with the County of Alameda, for the City to Provide Access Point and Housing Resource Center Services; and Appropriate additional funds.
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 her designee to execute a Standard Service Agreement Amendment of $177,082 with the County of Alameda to provide Access Point and Housing Resource Center services and make findings of CEQA exemption discussed in this report.
2. Increase revenue estimates and appropriate an additional $36,611 for these services in the Alameda County Health Care Services Agency Fund (Fund 179).
December 12, 2023 Fremont City Council Page 4
D. ELECTRONIC SIGNATURES SOLUTION RENEWAL - Authorize the City Manager, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with DocuSign, Inc., for the Annual Electronic Signatures Solution Renewal; Associated Appropriation Action Contact Persons:
Name: Sanford Taylor Dan Schoenholz
Title: IT Director Community Development Director
Dept: Information Technology
Services
Community Development
Phone: 510-494-4802 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager, or designee, to issue a purchase order and to execute implementing documents with DocuSign, Inc., for the Annual Electronic Signatures Solution Renewal in an amount not to exceed $127,512.
2. Appropriate $95,634 in the Development Cost Center Building Fund (Fund 392) to PWC8746, Land Use Permitting System.
E. SOLID WASTE COLLECTION RATES, TRANSFER STATION SERVICE FEES, AND LANDFILL DISPOSAL FEES FOR 2024 AND 2025 - Adopt Resolutions Setting the Integrated Waste Management Collection Rates, Transfer Station Service Fees, and Landfill Disposal Fees for January 2024 through December 2025
Contact Persons:
Name: Kathleen Cote-Guarnieri Suzanne Wolf
Title: Environmental Services
Manager
Community Services Director
Dept: Environmental Services Community Services
Phone: 510-494-4583 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Adopt a resolution setting disposal fees at the Altamont Landfill effective January 1, 2024, as shown in enclosure B of this report.
2. Adopt a resolution setting service fees at the Fremont Recycling and Transfer Station effective January 1, 2024, as shown in enclosure C of this report.
3. Adopt a resolution setting Curbside Recycling Processing payment and Yardwaste Transfer fees at the Fremont Recycling and Transfer Station effective January 1, 2024, as shown in enclosure D of this report.
4. Adopt a resolution setting Solid Waste Collection rates effective January 1, 2024, as shown in enclosure E of this report
F. FIVE-YEAR LICENSE AGREEMENT WITH FRIENDS OF HEIRLOOM FLOWERS
GARDEN CLUB FOR USE OF SHINN HISTORICAL PARK AND ARBORETUM - Authorize the City Manager or her Designee to Execute a Five-Year License Agreement with Two Five-Year Renewal Options with Friends of Heirloom Flowers Garden Club for Use of Shinn Historical Park and Arboretum and Find this Action is Exempt from CEQA Review
Contact Persons:
Name: Irene Jordahl Suzanne Wolf
Title: Recreation Superintendent II Community Services Director Dept: Community Services Community Services
Phone: 510-494-4322 510-494-4329
E-Mail: [email protected] [email protected]
December 12, 2023 Fremont City Council Page 5
RECOMMENDATIONS:
1. Authorize the City Manager or designee to execute a license agreement with the Friends of Heirloom Flowers Garden Club for use of Shinn Historical Park and Arboretum for a five-year period through 2028, with the option to renew for two additional five-year periods through 2038.
2. Find the license agreement is exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061 and 15378.
G. ENHANCING VISION 2026 FUND SERVICE AGREEMENT - Authorize the City Manager or their Designee to accept $250,000 in Enhancing Vision 2026 funds recommended by the Offices of Supervisors Haubert and Marquez and to Enter into an Agreement with Alameda County to provide the SparkPoint Fremont program; and Appropriate Anticipated Program Expenses.
Contact Persons:
Name: Alina Kwak Suzanne Shenfil
Title: Family Resource Center
Administrator
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2004 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager or her designee to accept and enter into an agreement, in the amount not to exceed $250,000, with the County of Alameda, upon approval by the Board of Supervisors, to provide support for the SparkPoint Fremont program.
2. Recognize the revenue and appropriate $125,000 in the Family Resource Center Fund (Fund 108).
3. Ceremonial Items
A. Proclamation: Fremont Chamber of Commerce, Small Business Appreciation Day, December 12, 2023
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
December 12, 2023 Fremont City Council Page 6
5. Scheduled Items
A. UPDATE TO ENGINEERING FEE SCHEDULE - Public Hearing (Published Notice) to Consider Adopting a Resolution Amending the Master Fee Schedule to Update Various Public Works – Engineering Fees to Reflect Current Cost of Services and to Ensure Accurate Cost Recovery Contact Persons:
Name: Tiffany Curotto Hans Larsen
Title: Management Analyst II Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4548 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Hold a Public Hearing; and
2. Approve a resolution amending the Master Fee Schedule to reflect the changes in the proposed updated Master Fee Schedule (Exhibit A to Resolution) for Public Works Engineering Fees, effective as of February 10, 2024.
B. DEVELOPMENT IMPACT FEE ANNUAL REPORT - Receive the Development Impact Fee Annual Report for Fiscal Year 2022/23 and Hold a Public Hearing (Published Notice) to Consider a 1.73% Decrease in Development Impact Fees to Align with the Bay Area Construction Cost Index Contact Persons:
Name: Tiffany Curotto Hans Larsen
Title: Management Analyst II Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4548 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Approve the Development Impact Fee Annual Report for Period Ending June 30, 2023.
2. Hold a public hearing to hear any public comments regarding the proposed development impact fee adjustment.
3. Adopt a resolution approving a 1.73% decrease to development impact fees for the capital facilities, fire facilities, park facilities, parkland, and traffic programs to reflect construction cost changes in 2023, effective July 1, 2024, and amending the master fee schedule to reflect the revised fees.
December 12, 2023 Fremont City Council Page 7
6. Other Business
A. SHORT TERM RENTAL ORDINANCE – Introduce an Ordinance Adding Chapter 5.100 Short-Term Rentals to the Fremont Municipal Code and to Consider a Finding that the Ordinance is Exempt from the Requirements of the California Environmental Quality Act (CEQA) per, Each as a Separate and Independent Basis, (1) Title 14 of the California Code of Regulations, Section 15061(b)(3) and Section 15378.
Contact Persons:
Name: David Wage Dan Schoenholz
Title: Code Enforcement
Manager/Senior Planner
Community Development Director
Dept: Code Enforcement Community Development
Phone: 510-494-4447 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Find that the short-term rental ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) per, each as a separate and independent basis, (1) Title 14 of the California Code of Regulations, Section 15061(b)(3), that this is not a project which has the potential for causing a significant effect on the environment, and (2) CEQA Guidelines Section 15378 in that the proposed ordinance is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.
2. Waive the first reading and introduce the attached ordinance adding Chapter
5.100 to the Fremont Municipal Code.
3. Direct staff to prepare and the City Clerk to post and publish a summary of the ordinance accordance with Government Code Section 36933(c)(1).
7. Items Referred by Councilmembers
A. Councilmember Referrals - None.
B. Appointments to Boards, Commissions, Committees
1. MAYOR MEI REFERRAL: Reappointments to Advisory Bodies Contact Persons:
Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]
REAPPOINTMENTS:
Advisory Body Appointee Term
Expires
Art Review Board Marsha Squires 12/31/2027
Historical Architectural Review Board Thomas McLauchlan 12/31/2027
Planning Commission Craig Steckler 12/31/2027
Planning Commission Jasmine Basrai 12/31/2027
December 12, 2023 Fremont City Council Page 8
RECOMMENDATION: Approve reappointments.
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
December 12, 2023 Fremont City Council 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
December 12, 2023 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 December 12, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 19, 2023 CANCELLED: City Council
Meeting
December 26, 2023
CANCELLED: CC/FUSD
Liaison Committee Meeting,
observed holiday
January 2, 2024 CANCELLED: City Council
Meeting, observed holiday
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
April 2, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
April 9, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
April 16, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
April 23, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
April 30, 2024 No City Council Meeting
(5th Tuesday)