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
LaShawn Butler, Interim Maintenance
Operations 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
June 18, 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 - June 18, 2024
June 18, 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 June 18, 2024 City Council meeting online via Zoom https://us06web.zoom.us/s/86718825937
Meeting ID: 867 1882 5937
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.
June 18, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
June 18, 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. BIENNIAL REVIEW OF THE CITY OF FREMONT CONFLICT OF INTEREST CODE - Review Conflict of Interest Code and Authorize the Execution of the Biennial Review Notice
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: Direct staff to review the conflict of interest code and authorize execution of the Biennial Review Notice regarding whether amendments are required, not later than September 17, 2024.
D. TASK ORDER HSD-19 TO FUSD JOINT POWERS AGREEMENT - Authorization to Execute a Task Order to the Joint Powers Agreement with Fremont Unified School District. Task Order HSD-19 for the Provision of Mental Health Services at Four Fremont Unified School District School Wellness Centers for the FY 24-25 School Year, and Make Findings of CEQA Exemption.
June 18, 2024 Fremont City Council Page 4
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 Task Order HSD-19 to the Joint Powers Agreement with Fremont Unified School District, in an amount not to exceed $466,491, for the Youth and Family Services Division of the Human Services Department to provide school-based Wellness Center mental health services for the 2024-2025 school year and making findings of CEQA exemption.
E. FIBER OPTIC COMMUNICATION REDUNDANCY PROJECT - Make Findings of CEQA Exemption for the Fiber Optic Communication Redundancy Project (PWC9115)
Contact Persons:
Name: Sanford Taylor Hans Larsen
Title: IT Director Public Works Director
Dept: Information Technology
Services
Public Works
Phone: 510-494-4802 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Find that this Project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (repair, maintenance, or minor alteration of existing facilities involving no or negligible expansion of use beyond that which presently exists); CEQA Guidelines Section 15303 (new construction or conversion of small facilities or structures); CEQA Guidelines 15304 (minor alterations to land involving minor trenching and backfilling). The Project involves existing facilities of both investor and publicly-owned utilities that provide public utility services and which will require installation of conduit and communication boxes within existing underground pipes; installation of above-ground cabinets, and minor trenching and backfilling where the surface will be restored. Each of the foregoing provides a separate and independent basis for CEQA compliance with respect to the subject action.
F. FORENSIC EXAMINATION AND DNA EVIDENCE ANALYSIS - Authorize the City Manager or her Designee to enter into an Agreement with Serological Research Institute in an amount not to exceed $700,000 over a five-year agreement term.
Contact Persons:
Name: Jared Morrison Lance Brede
Title: Special Operations Division
Lieutenant
Deputy Chief
Dept: Police Department Police Department
Phone: (510) 790-6906 (510) 790-6930
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or her designee to enter into a service agreement with Serological Research Institute for a five-year term in an amount not to exceed $700,000.
June 18, 2024 Fremont City Council Page 5
G. ALAMEDA COUNTY PROBATION DEPARTMENT CONTRACT - Authorization to execute a two-year service contract with Alameda County Probation Department for Programs Supporting At-Promise Youth and Families from FY 2024/25 through FY 2025/26.
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 two-year agreement in the amount of $1,124,189 with Alameda County to provide Youth Service Center services for at-promise youth and families in Fremont and Newark.
3. Ceremonial Items
A. Proclamation: Recognizing July as Park and Recreation Month B. Proclamation: Recognizing June 19, 2024 as Juneteenth 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. RENEWABLE 100 DEFAULT ELECTRICITY RATE CHANGE - Referral from the Environmental Sustainability Commission: Resolution Requesting Ava Community Energy to Enroll All Residential, Commercial, and Industrial Accounts in Renewable 100 (100% California-Based Wind and Solar) Electricity Service, with the Exception of Those Participating in Medical Baseline, California Alternative Rates for Energy (CARE), Family Electric Rate Assistance (FERA), Direct Access Electric Service Programs, or Those Who Have Previously Opted to a Specific Ava Service Level or Opted Out of Ava Service; Determine that Action is Exempt from CEQA.
Contact Persons:
Name: Allyn McAuley Dan Schoenholz
Title: Environmental Specialist II Community Development Director Dept: Environmental Services Community Development
Phone: 510-494-4576 510-494-4438
E-Mail: [email protected] [email protected]
June 18, 2024 Fremont City Council Page 6
RECOMMENDATIONS:
1. Adopt a resolution choosing Ava’s Renewable 100 service level as the default for all Fremont electric energy accounts effective March 2025, except for the following categories:
• Medical Baseline Service;
• California Alternate Rates for Energy (CARE);
• Family Electric Rate Assistance (FERA);
• Direct Access Electric Service; and
• Those who have already opted out of Ava service or elected a specific Ava service.
Include an acknowledgement in the resolution that the Ava Board of Directors has final decision-making authority regarding changes to default service and affirm that a phased implementation over two years (2025 and 2026), while not the preferred option, is acceptable to the City if selected by the Ava Board.
2. Find the proposed action exempt from CEQA under guidelines 15378(b)(3), (4) &/or (5); 15273(a)(2); 15183; and/or 15061(b)(3); as detailed in the staff report.
B. FY 2024/25 ACTION PLAN AMENDMENT AND FINAL CDBG FUNDING RECOMMENDATIONS - Public Hearing (Published Notice) On the Allocation of Federal Community Development Block Grant FY 2024/25 Funds, Amending the FY 2024/25 Action Plan, and Final Approval of CDBG Funding Recommendations; Adopting a Resolution Approving the FY 2024/25 Annual Action Plan; and Authorizing the City Manager to Execute Agreements with the U.S. Department of Housing and Urban Development and CDBG Grantees and Programs
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]
RECOMMENDATION: Staff recommends that the City Council:
1. Hold a public hearing on the proposed amendments and final CDBG funding recommendations for the FY 2024/25 Action Plan
2. Adopt a resolution approving the following actions:
a. Approve and authorize the City Manager or designee to amend the FY 2024/25 Action Plans as described in this staff report. b. Approve the FY 2024-25 CDBG Program Final Statement of Community Development Objectives and Use of Funds, and the FY 2024/25 Annual Action Plan.
c. Authorize the City Manager or her designee to enter into agreements with HUD and nonprofit grantees.
d. Appropriate an additional $40,037 to Fund 105 (CDBG). e. Appropriate an additional $7,250 to Fund 191 (ESG).
June 18, 2024 Fremont City Council Page 7
C. PAD-MOUNTED TRANSFORMER URGENCY ORDINANCE - (Citywide) - PLN2024-00194 - Public Hearing (Published Notice) to consider an Uncodified Urgency Ordinance to Temporarily Allow Pad-Mounted Transformers to be Installed for Specified Development Projects in Residential Districts Pursuant to Government Code Section 36934 and 36937, to Take Effect Immediately Upon a Finding and Declaration that it is Required for the Immediate Preservation of the Public Peace, Health or Safety, and Passed by a Four-Fifths Vote of the City Council and Making Findings of CEQA Exemption
Contact Persons:
Name: Joel Pullen Anne Quasarano
Title: Planning Manager Principal Civil Engineer
Dept: Community Development Engineering
Phone: 510-494-4436 510-494-4767
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Adopt an urgency ordinance to temporarily allow pad-mounted transformers to be installed for specified development projects in residential districts, until June 18, 2026.
2. Find this urgency ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines §15061(b)(3) [Review for Exemption] in that it can be seen with certainty that there is no possibility that the proposed text amendments would have the potential for causing a significant effect on the environment, §15301 [existing facilities] in that the actions herein relate to individual projects otherwise already approved by the city and subject to standard building permitting, including for electrical service, and §15303 [small structures] in that the temporary allowance for pad-mounted utility transformers in safe and screened locations above ground in front yards within existing residential districts does not otherwise have the potential to cause a significant impact on the environment.
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
June 18, 2024 Fremont City Council Page 8
June 18, 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
June 18, 2024 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 June 25, 2024 CANCELLED: CC/FUSD
Liaison Committee Meeting
July 2, 2024 CANCELLED: City Council
Meeting
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
July 30, 2024 No 7PM City Council Meeting
(5th Tuesday)
August Recess Council in Recess until
September
September 3, 2024 7:00 p.m. City Council Meeting Council Chambers Live
September 10, 2024 7:00 p.m. City Council Meeting Council Chambers Live
September 17, 2024 7:00 p.m. City Council Meeting Council Chambers Live
September 24, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
October 1, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
Monday,
October 7, 2024 5:30 p.m. CC/FUSD Joint Meeting FUSD Hosts Live October 8, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
October 15, 2024 7:00 p.m. City Council Meeting Council Chambers Live
October 22, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
October 29, 2024 No 7PM City Council Meeting
(5th Tuesday)