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
May 07, 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 - May 07, 2024
May 7, 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 May 7, 2024 City Council meeting online via Zoom https://us06web.zoom.us/s/82196777435 Meeting ID: 821 9677 7435
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.
May 7, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
May 07, 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 – for the Special and Regular Meetings of April 2, 2024, the Regular Meeting of April 9, 2024, and the Regular Meeting of April 16, 2024
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. CALLING OF ELECTION 2024 - Adopt a Resolution Calling and Consolidating the 2024 November Election
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: Adopt a resolution that:
1. Calls for the General Municipal Election.
2. Requests the services of the Alameda County Registrar of Voters to conduct the election on behalf of the City of Fremont.
3. Calls for a Special Election to be conducted in the case of a tie vote for the May 7, 2024 Fremont City Council Page 4
elected officers as a result of the November 5, 2024 election.
4. Limits the candidate statement to be published in the Voter Sample Ballot to a maximum of two hundred (200) words, and requires a candidate to make a deposit of $3,000 to pay for costs at the time his/her nomination papers are filed.
5. Allows for rebuttals for the arguments in favor and the arguments in opposition for each ballot measure.
D. RENEWAL OF PUBLIC RELATIONS/COMMUNICATIONS CONTRACT - Authorize the City Manager to enter a contract with The Hoffman Agency for Public Relations Services
Contact Persons:
Name: Geneva Bosques Cheryl Golden
Title: Director of Communications
and Legislative Affairs
Communications Manager
Dept: City Manager's Office City Manager's Office
Phone: 510-284-4094 510-284-4025
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or her designee, to execute a contract with The Hoffman Agency for public relations, marketing, written communications and web-site maintenance services at a not-to-exceed amount of $240,840 per year for a three-year term.
E. MILITARY EQUIPMENT ANNUAL REPORT – Annual Review and adopt a resolution approving the military equipment possessed and utilized by the Fremont Police Department (FPD) for the reporting period of April 2023 to March 2024 and approval of the purchase of two UAS
Contact Persons:
Name: Matthew Snelson Lance Brede
Title: Police Captain Deputy Chief
Dept: Police Department Police Department
Phone: 510-790-6874 (510) 790-6930
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
Adopt the attached resolution approving the Military Equipment Use Policy, Department April 2023 to March 2024 Annual Military Equipment Use Report, and purchase of two UAS.
F. MULTIPURPOSE SENIOR SERVICES PROGRAM (MSSP) PROGRAM
CONTRACT - Adopt a Resolution Authorizing the City Manager to Execute a FY 2024/25 Contract with the California Department on Aging to Provide Multipurpose Senior Services Program (MSSP) 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]
RECOMMENDATION: Adopt a resolution authorizing the City Manager or her designee to execute the contract MS-2425-37 with the California Department on Aging to provide MSSP services for FY 2024/25 in an amount not to exceed $546,312.
May 7, 2024 Fremont City Council Page 5
G. ENDPOINT DETECTION AND RESPONSE (EDR) SOFTWARE RENEWAL - Authorize the City Manager, or her Designee, to Issue a Purchase Order and to Execute Implementing Documents with ePlus Technology, Inc., for the Annual Software Licenses of the Crowdstrike Endpoint Detection and Response (EDR) Solution.
Contact Persons:
Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Dept: Information Technology
Services
Information Technology Services
Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager, or her designee, to issue a purchase order and to execute implementing documents with ePlus Technology, Inc., for the Annual Software Licenses of the Crowdstrike Endpoint Detection and Response (EDR) Solution in the amount not-to-exceed $115,692.73.
2. Authorize the City Manager or her designee to renew the Annual Software Licenses of the Crowdstrike Endpoint Detection and Response (EDR) Solution for two additional one-year periods in an amount not to exceed a five percent (5%) increase over the prior year’s costs.
H. ALAMEDA COUNTY PROBATION DEPARTMENT (ACPD) MASTER CONTRACT FOR JUVENILE JUSTICE CRIME PREVENTION ACT (JJCPA) - Authorization to Execute a Fourth Amendment to a Master Service Contract with Alameda County Probation Department for Juvenile Justice Crime Prevention Act (JJCPA) Grant Funded Programs Supporting At-Risk Youth and Families, through December 31, 2024; and a Second Amendment to a Subcontract with Seneca Family of Agencies (Seneca), 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]
RECOMMENDATIONS:
1. Authorize the City Manager or her designee to execute a fourth amendment with ACPD for the additional amount of $55,479, increasing the total not to exceed amount from $341,700 to $397,179, for the City to continue to provide youth groups and parenting programs.
2. Authorize the City Manager or her designee to execute a second amendment to a sub-contract with Seneca, for the additional amount of $36,451, increasing the not-to-exceed amount to $191,449.
I. AUTHORIZE THE CITY MANAGER TO EXECUTE FEDERAL CDBG AGREEMENT AMENDMENT – Authorize the City Manager to Execute an Amendment to Tri-City Volunteers Food Bank and Warehouse Flooring and Door Replacement Project Agreement and Making Findings of CEQA Exemption Contact Persons:
Name: Robert Lopez Suzanne Shenfil
Title: CDBG Administrator Director
Dept: Human Services Department Human Services Department Phone: 510-574-2043 510-574-2051
E-Mail: [email protected] [email protected]
May 7, 2024 Fremont City Council Page 6
RECOMMENDATION: Authorize the City Manager or her designee to execute a $235,000 Community Development Block Grant (CDBG) amendment with Tri-City Volunteers to support its Food Bank and Warehouse Flooring and Door Replacement project, for a new Agreement total not to exceed $507,000.
J. CITY BUILDING PEST CONTROL SERVICES - Authorization to Execute a Service Agreement with PestMaster Services, L.P. for Pest Control Services at City Owned Buildings in the Amount Up to $375,000 for a Five-Year Period; Make Findings of CEQA Exemptions
Contact Persons:
Name: Pat Kendrick LaShawn Butler
Title: Building Maintenance
Manager
Interim Community Services
Director
Dept: Public Works Community Services
Phone: 510-979-5768 (510) 494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or designee to execute a Service Agreement with PestMaster Service L.P. to provide Professional Pest Control Services for a five-year term from July 1, 2024, through June 30, 2029, with a total not to exceed compensation amount of $375,000.
K. 2024 PEDESTRIAN CROSSING ENHANCEMENT PROJECT - Adopt a Resolution Authorizing Fiscal Year 2024/2025 Application for Transportation Development Act Article 3 (TDA3) Grant Funds and Acceptance of $405,771 in TDA3 Funds for the 2024 Pedestrian Crossing Enhancement Project (PWC9078); Appropriation of Funds; and Make Findings of CEQA Exemption
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]
RECOMMENDATIONS:
1. Adopt a resolution authorizing the City Manager, or her designee, (a) to apply for Transportation Development Act Article 3 (TDA3) Bicycle and Pedestrian Program Funds in the amount of $405,771 for the 2024 Pedestrian Crossing Enhancement Project; and (b) to accept any awarded grant funds for the Project and to execute any necessary implementing documents.
2. Appropriate any TDA3 grant funds received to the 2024 Pedestrian Crossing Enhancement Project (PWC9078-521).
3. Find the action is exempt from CEQA review per CEQA Guidelines, section 15061 9(b)(3) as it can be seen with certainty that application for grant funding is not an activity that in itself has the potential for causing a significant effect on the environment.
May 7, 2024 Fremont City Council Page 7
3. Ceremonial Items
A. National Children’s Mental Health Awareness Day, May 9, 2024 B. Asian American, Native Hawaiian, and Pacific Islander (AAPI) Heritage Month
C. Affordable Housing Month
D. Fremont Bike Month
E. Jewish Heritage 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
A. AMENDMENT TO MASTER FEE SCHEDULE – Public Hearing (Published Notice) to Consider an Amendment to Master Fee Resolution 8672 (Master Fee Schedule) to Update Building and Planning User Fees to Reflect Updated Hourly Costs, Address Recent State Law Changes for Certain Fees, Establish New Fees for New Services, and Simplify Fee Descriptions and Methodology. The Proposed Action is Exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines 15378 and 15061(b)(3)
Contact Persons:
Name: Jennifer Craven Dan Schoenholz
Title: Business Manager Community Development Director
Dept: Community Development Community Development
Phone: 510-494-4554 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution approving an amendment to Master Fee Resolution 8672 (Master Fee Schedule) as drafted in Attachment 1.
B. FEDERAL ACTION PLANS - Public Hearing (Published Notice) on the Use of Fiscal Year (FY) 2024-26 Federal Community Development Block Grant and Emergency Solutions Grant Funds, and FY 2019/20 Federal CARES Act Funds; Adoption of a Resolution Approving the FY 2024/25 Annual Action Plan, Amending the FY 2019/20 Action Plan; and Authorizing the City Manager to Execute Agreements with the U.S. Department of Housing and Urban Development and Grantees and Making Findings of CEQA Exemption Contact Persons:
Name: Robert Lopez Suzanne Shenfil
Title: CDBG Administrator Director
Dept: Human Services Department Human Services Department Phone: 510-574-2043 510-574-2051
E-Mail: [email protected] [email protected]
May 7, 2024 Fremont City Council Page 8
RECOMMENDATION: Staff recommends that the City Council:
1. Hold a public hearing on the proposed FY 2024-26 Federal Funding Program Final Statement of Community Development Objectives and projected Use of Funds and FY 2024/25 Action Plan.
2. Allocate CDBG funds for FY 2024/25 and FY 2025/26 in the amounts stated herein, and contingent upon adoption of the FY 2024/25 budget by the City Council.
3. Allocate ESG funds for FY 2024/25 in the amounts stated herein, and contingent upon adoption of the FY 2024/25 budget by the City Council.
4. As required by CDBG regulations, approve the reallocation of $561,329 in CDBG CARES Act funding to the following projects:
a. $512,344 for Homeless Non-Congregate Shelter
b. $48,985 for BACS Wellness Day Center Hygiene and Dignity Services
5. Authorize staff to:
a. Allocate additional funds to public service projects should the City receive additional program income in FY 2024/25 or a greater entitlement in FY 2025/26
b. Reserve unallocated funds to provide gap funding or fund projects that meet emerging needs.
6. Adopt a resolution:
a. Amending the City’s FY 2019/20 CDBG Action Plan as recommended by staff in the amounts stated herein.
b. Approving and authorizing the City Manager or her designee to submit the FY 2024-26 CDBG Program Final Statement of Community Development Objectives and Projected Use of Funds, and the City’s CDBG FY 2024-25 Annual Action Plan, as recommended by staff in the amounts stated herein.
c. Authorizing the City Manager or her designee to execute CDBG and ESG Entitlement and funding agreements with HUD.
d. Authorizing the City Manager or her designee to execute agreements effective July 1, 2024, with the grantees recommended for funding by staff in the amounts set forth herein, contingent upon a finding of no significant impact in the corresponding environmental assessments and completion of the required public comment period.
e. Making findings of CEQA exemption
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
May 7, 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
May 7, 2024 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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