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
LaShawn Butler, Interim Community
Services 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
Fremont City Council Agenda and
Report
January 09, 2024
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 - January 09, 2024
January 9, 2024 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 January 9, 2024 City Council meeting online via Zoom https://us06web.zoom.us/j/84149747198
Webinar ID: 841 4974 7198
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.
January 9, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
January 09, 2024
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 – Speaker 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 – for the Regular Meeting of November 21, 2023, the Regular Meeting of December 5, 2023, and the Regular Meeting of December 12, 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. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT ADDING CHAPTER 5.100 SHORT-TERM RENTALS TO THE
FREMONT MUNICIPAL CODE
RECOMMENDATION: Adopt an ordinance adding Chapter 5.100 (Short Term Rentals) to the Fremont Municipal Code.
January 9, 2024 Fremont City Council Page 4
D. AWARD A CONSTRUCTION CONTRACT FOR THE AQUA ADVENTURE WATER PARK SLIDE REFURBISHMENT PROJECT (PWC8501) - Approve the Plans and Specifications for the Aqua Adventure Water Park Slide Refurbishment Project; Appropriate $500,000 in the Recreation Cost Center Fund 189 Operating Improvement Reserve, and Award a Contract to Safe Slide Restoration for the Base Bid amount of $596,247.43, plus Alternate #1 for $14,152.20, and Alternate #2 for $37,199.48; plus a 10% Construction Contingency Amount of $64,759.91, for a Total Construction Contract Amount of $712,359.02.
Contact Persons:
Name: Eva Lee Kim Beranek
Title: Landscape Designer II Deputy Director
Dept: Landscape Architecture Community Services
Phone: 510-494-4776 510-494-4330
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Approve the Plans and Specifications for the Aqua Adventure Water Park Slide Refurbishment Project (PWC8501).
2. Appropriate $500,000 from the Recreation Cost Center (Fund 189) Operating Improvement Reserve for the Aqua Adventure Water Park Slide Refurbishment Project.
3. Accept the Base Bid and Alternates 1 and 2; award a construction contract; and authorize the City Manager or her designee to execute all construction related agreements with the lowest responsive and responsible bidder, Safe Slide Restoration, in the amount of $647,599.11, plus a 10% construction contingency amount of $64,759.91, for a total construction contract amount of $712,359.02.
E. ALAMEDA COUNTY PROBATION DEPARTMENT CONTRACT - Authorization to execute a Third Amendment to a Master Service Contract with Alameda County Probation Department for Programs Supporting At-Risk Youth and Families, through June 30, 2024; Appropriate Additional Funds, 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]
RECOMMENDATION: Authorize the City Manager or her designee to execute a Third Amendment with Alameda County Probation Department extending the term of the Agreement through June 30, 2024, for an additional amount of $266,244; and appropriate an additional $38,830 to Fund 133.
January 9, 2024 Fremont City Council Page 5
F. ACCEPTANCE OF COPS GRANT - Adopt a Resolution Acceptance and Spending Plan of the 2023/24 State of California Citizens Option for Public Safety (COPS) Grant
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: Adopt a resolution accepting the 2023/24 California Citizens Option for Public Safety (COPS) grant in the amount of $662,145 as allocated in the Supplemental Law Enforcement Services Account (SLESA) for the Fremont Police Department and approving the spending plan set forth in the resolution to purchase items supporting front line law enforcement services.
G. FACILITIES MAINTENANCE AGREEMENT FOR LIGHTING, LANDSCAPE AND MAINTENANCE SERVICES FOR DISTRICT 88 - Authorize the City Manager or her Designee to Execute the Facilities Maintenance Agreement with New Image Landscape Company
Contact Persons:
Name: Andrew Freeman Kim Beranek
Title: Business Manager Deputy Director
Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4330
E-Mail: [email protected] [email protected]
RECOMMENDATION: Award a facilities maintenance agreement for a term ending June 30, 2029, and authorize the City Manager or her designee to execute the agreement with New Image Landscape Company, with a total not to exceed amount of $906,300.11.
H. CONCRETE REPAIRS AND INTERSECTION RAMPS PROJECT - Approval of the Plans and Specifications and Award of Contract to Spencon Construction, Inc. for the 2024 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-H), for the Base Bid, two Add Alternates, plus a 14% Construction Contingency, for a Total Construction Contract Amount of $2,978,579; Make Findings of CEQA Exemption.
Contact Persons:
Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approval of the following actions related to the 2024 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-H):
1. Approve the plans and specifications for the project.
2. Accept the Base Bid and Alternate Bids 1 and 2; award the contract to the lowest responsive and responsible bidder, Spencon Construction, Inc. in the amount of $2,618,579 and allocate a 14% construction contingency in the amount of $360,000 for a total construction contract amount of $2,978,579, and authorize the City Manager or designee to execute the contract.
January 9, 2024 Fremont City Council Page 6
3. Find that the project is categorically exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15301 as the repair, maintenance or minor alteration of an existing facility involving no or negligible expansion of use beyond that presently exists.
I. AWARD A CONSTRUCTION CONTRACT FOR THE CALIFORNIA NURSERY
HISTORICAL PARK INTERPRETIVE SIGNAGE INSTALLATION PROJECT (PWC8837) – Approve the Plans and Specifications for the California Nursery Historical Park Interpretive Signage Installation Project, PWC8837; and Award a Contract to Square Signs LLC dba Front Signs for the Base Bid amount of $240,430, plus a 15% Construction Contingency Amount of $36,065, for a Total Construction Contract Amount of $276,495; Find the project is consistent with the adopted California Nursery Historical Park Master Plan, for which an Environmental Impact Report (EIR) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).
Contact Persons:
Name: Connie Chao Kim Beranek
Title: Landscape Designer II Deputy Director
Dept: Landscape Architecture Community Services
Phone: 510-494-4742 510-494-4330
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Approve the Plans and Specifications for the California Nursery Historical Park Interpretive Signage Installation (PWC8837).
2. Find the project is consistent with the adopted California Nursery Historical Park Master Plan Environmental Impact Report (EIR), which was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).
3. Award a construction contract and authorize the City Manager or designee to execute all construction related agreements with the lowest responsive and responsible bidder, Square Signs LLC dba Front Signs, for $240,430, plus a 15% construction contingency in the amount of $36,065, for a total construction contract amount of $276,495.
J. I-680/NORTH MISSION BOULEVARD INTERCHANGE MODERNIZATION PROJECT - Approval of Cooperative Agreement with Caltrans to Support the Project Approval, Environmental Clearance and Design Phases for the I-680/North Mission Boulevard Interchange Modernization Project (PWC 9021).
Contact Persons:
Name: Lilian Ayala Hans Larsen
Title: Senior Transportation
Engineer
Public Works Director
Dept: Public Works Public Works
Phone: (510) 494-4766 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or designee to execute a cooperative agreement with Caltrans to support the project approval, environmental clearance and final design phases for the I-680/North Mission Boulevard Interchange Modernization project.
January 9, 2024 Fremont City Council Page 7
K. PROTECTED INTERSECTION PROJECT AT FREMONT/COUNTRY - Approval of Plans and Specifications; Award Contract to GradeTech, Inc. in the Amount of $1,755,135.72 (includes 10% Contingency) for the Fremont Boulevard and Country Drive Protected Intersection Project (PWC9050); Appropriation Actions; and Make Findings of CEQA Exemption Contact Persons:
Name: Edelzar Garcia Hans Larsen
Title: Associate Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4781 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approval of the following actions related to the Fremont Boulevard and Country Drive Protected Intersection Project (PWC9050):
1. Find that this project is exempt from California Environmental Quality Act (CEQA) review pursuant to Section 21080.25 of the California Public Resources Code as a sustainable transportation project that implements pedestrian and bicycle facilities and improves multimodal safety and access for current and potential transit riders and is further exempt pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.
2. Approve the plans and specifications for the project.
3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, GradeTech Inc., in the amount of $1,595,577.72 and allocate a 10% construction contingency in the amount of $159,558 for a total construction contract amount of $1,755,135.72, and authorize the City Manager or designee to execute the contract.
4. Reallocate $605,826.72 from PWC9092-134 to PWC9050-134.
5. Reallocate $225,000 from PWC9092-515 to PWC9050-515.
6. Reallocate $300,000 from PWC9092-520 to PWC9050-520.
L. FREMONT-DECOTO LAND DEVELOPMENT PLAN PROJECT MANAGEMENT SERVICE AGREEMENT – Authorize the City Manager or Her Designee to Execute a Service Agreement with WestGate Ventures for Project Management Services to Prepare a Land Development Plan for the City- Owned Parcel at the Corner of Fremont Boulevard and Decoto Road; Reallocate Funding
Contact Persons:
Name: Mark Hungerford Dan Schoenholz
Title: Senior Planner Community Development Director
Dept: Planning Community Development
Phone: 510-494-4541 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager or her designee to enter into a service agreement with WestGate Ventures in a not-to-exceed amount of $320,000; and
2. Reallocate $570,000 from PWC8520-501 to PWC9112-501 to fund the WestGate Ventures service agreement and $250,000 in estimated staff costs.
January 9, 2024 Fremont City Council Page 8
3. Ceremonial Items
A. Proclamation: Afro American Cultural & Historical Society, Forty-Seventh Commemoration of Dr. Martin Luther King, Jr. Day
B. Resolution: Honoring Jean Morgan of Abode Services
C. Resolution: Honoring Case Manager Dagmar Stonas, RN for Twenty-five Years of Service
D. Resolution: Honoring Captain Matthew Snelson for Twenty Years of Service
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 - None.
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
January 9, 2024 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
January 9, 2024 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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)