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
Kim Beranek, Community Services Director
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
Fremont City Council Agenda and
Report
April 16, 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 - April 16, 2024
April 16, 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 April 16, 2024 City Council meeting online via Zoom https://us06web.zoom.us/j/82972671682
Meeting ID: 829 7267 1682
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.
April 16, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
April 16, 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 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. SAFE SOFTWARE LOCAL GOVERNMENT AGREEMENT RENEWAL - Authorize the City Manager, or her Designee, to Issue a Purchase Order and to Execute Implementing and Amending Documents with Safe Software Inc., for the Annual Software License of the FME Geospatial Extract, Transform and Load Software Solution.
Contact Persons:
Name: Sanford Taylor John Leon
Title: IT Director GIS Manager
Dept: Information Technology
Services
GIS
Phone: 510-494-4802 (510) 494-4831
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or her designee, to issue a purchase order and to execute implementing and amending documents with Safe Software Inc. for the Annual Software License of the FME Geospatial Extract, Transform, and Load Software Solution in the amount not-to-exceed $160,000 for a 5-year term.
D. ENVIRONMENTAL CONSULTING SERVICES - Approval of Agreements for On-Call Environmental Consulting Services each in the amount of $1,250,000 per Agreement with LSA Associates, EMC Planning Group, and Montrose Environmental; Make Finding of CEQA Exemption
April 16, 2024 Fremont City Council Page 4
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]
RECOMMENDATION: Approve and authorize the City Manager or designee to execute a Master Service Agreement with the following consultants:
1. LSA Associates, Inc. for on-call environmental consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
2. EMC Planning Group, for on-call environmental consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
3. Montrose Environmental, Inc. for on-call environmental consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
4. Find that the actions are exempt from environmental review as a separate and independent base 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).
E. HOMELESS ENCAMPMENT AND ILLEGAL DUMPING ABATEMENT CONTRACT AMENDMENT - Amend Contract for Homeless Encampment and Illegal Dumping Abatement Services with Art Cuevas Landscaping to Increase the Total Contract Amount by $150,000 from $1,255,120 to $1,405,120 and Find that the Project is Exempt from Review Under the California Environmental Quality Act (CEQA) per CEQA Guidelines 15304 and 15307.
Contact Persons:
Name: Kathleen Cote-Guarnieri
Title: Environmental Services
Manager
Dept: Environmental Services
Phone: 510-494-4583
E-Mail: [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager, or designee, to execute a contract amendment with Art Cuevas Landscaping for homeless encampment and illegal dumping abatement services to increase the not-to-exceed contract amount from $1,255,120 to $1,404,120 and include a City option to extend the agreement from June 30, 2024 to August 31, 2024.
2. Find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15304 (Minor Alterations to Land) and Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources).
F. WALNUT AVENUE BIKEWAY IMPROVEMENTS - Approve a Professional Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $500,576 (Including 20% Contingency), for Design Services for the Walnut Avenue Bikeway Phase 2 Improvement Project (PWC9100A); Appropriation Actions; Make Findings of CEQA Exemption.
Contact Persons:
Name: Edelzar Garcia Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4781 510-494-4722
E-Mail: [email protected] [email protected]
April 16, 2024 Fremont City Council Page 5
RECOMMENDATION: Approval of the following actions related to the Walnut Avenue Bikeway Phase 2 Improvements Project (PWC9100A):
1. Authorize the City Manager or designee to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., in an amount not to exceed $500,576 for design services.
2. Reallocate $347,000 from PWC9041-515 and appropriate it to PWC9100-515.
3. Reallocate $100,000 from PWC9041-531 and appropriate it to PWC9100-531.
4. Find that the actions are exempt from environmental review as a separate and independent base 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).
G. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING FREMONT MUNICIPAL CODE SECTION 2.05.060 (COMPENSATION OF
MAYOR AND COUNCILMEMBERS) TO ADJUST THE SALARIES OF THE MAYOR
AND COUNCIL MEMBERS
RECOMMENDATION: Adopt ordinance amending the Fremont Municipal Code to authorize an increase in the salary of the City Councilmembers to $2,602.56 per month and of the Mayor to $4,623.83 per month, effective after the new City Council is seated following the election of November 5, 2024.
3. Ceremonial Items
A. Proclamation: Fair Housing Month, April 2024
B. Proclamation: Victim/Witness Assistance Division, Alameda County DA C. Proclamation: 41st Annual National Night Out, August 6, 2024
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
A. FREMONT HUB MIXED-USE APPEAL – 39150 Argonaut Way – PLN2024- 00128 – Public Hearing (Published Notice) to consider a third-party Appeal of the Planning Commission’s decision to deny a third-party Appeal and uphold the Zoning Administrator’s approval action of a Discretionary Design Review Permit (under PLN2022-00487) to allow a proposed mixed- use development consisting of a freestanding 13,000-square-foot retail- pharmacy building with a drive-through lane and a six-story mixed-use building containing 314 apartment units and 14,157 square feet of retail- commercial space at 39150 Argonaut Way in the Central Community Plan Area; and an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183, as the project 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 April 16, 2024 Fremont City Council Page 6
Guidelines Sections 15162 and 15164, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred.
Contact Persons:
Name: Mark Hungerford Joel Pullen
Title: Senior Planner Planning Manager
Dept: Planning Planning
Phone: 510-494-4541 510-494-4436
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Hold public hearing.
2. Find that the proposed project is in conformance with the relevant provisions of the City’s General Plan, including the goals and objectives set forth in the Land Use, Community Plans, Housing Element, and Safety Chapters of the General Plan.
3. Adopt a Resolution denying the Appeal, adopting findings, and approving Discretionary Design Review Permit PLN2022-00487, as shown in Exhibit “A,” based on findings and subject to the conditions of approval provided in Exhibit “B.”
4. Approve the proposed removal and mitigation of sixty-two (62) private protected trees pursuant to the City’s Tree Preservation Ordinance.
B. GATEWAY PLAZA APARTMENTS APPEAL – 39160 Paseo Padre Parkway – PLN2024-00129 – Public Hearing (Published Notice) to consider a third party Appeal of the Planning Commission’s decision to deny a third-party Appeal and uphold the Zoning Administrator’s approval action of a Discretionary Design Review Permit (under PLN2023-00198) to allow a proposed five-story, 206-unit apartment building within the Gateway Plaza Shopping Center at 36190 Paseo Padre Parkway in the Central Community Plan Area; and an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332, Infill Development Projects, and a finding that no further environmental review is required pursuant to CEQA Guidelines Section 15183, as the project 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 Sections 15162 and 15164, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred.
Contact Persons:
Name: Mark Hungerford Joel Pullen
Title: Senior Planner Planning Manager
Dept: Planning Planning
Phone: 510-494-4541 510-494-4436
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Hold public hearing.
2. Find that the proposed project is in conformance with the relevant provisions of the City’s General Plan, including the goals and objectives set forth in the Land Use, Community Plans, Housing Element, and Safety Chapters of the General Plan.
3. Adopt a Resolution denying the Appeal, adopt findings, and approve Discretionary Design Review Permit PLN2023-00198, as shown in Exhibit “A,” based on findings and subject to the conditions of approval provided in Exhibit “B.”
4. Approve the proposed removal and mitigation of thirty-six (36) private protected trees pursuant to the City’s Tree Preservation Ordinance.
April 16, 2024 Fremont City Council Page 7
6. Other Business
7. Items Referred by Councilmembers
A. Councilmember Referrals
B. Appointments to Boards, Commissions, Committees
C. Legislative Actions
D. Report on Committee Assignments
8. Adjournment
April 16, 2024 Fremont City Council Page 8
April 16, 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
April 16, 2024 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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)
Monday,
May 6, 2024 5:30 p.m. CC/FUSD Joint Meeting City Hosts Live May 7, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
May 14, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
May 21, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
May 28, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
June 4, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
June 11, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
June 18, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
June 25, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
July 2, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
July 9, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
July 16, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
July 23, 2024 CANCELLED: CC/FUSD
Liaison Committee Meeting
August Recess Council in Recess until
September