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
July 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 - July 09, 2024
July 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 July 9, 2024 City Council meeting online via Zoom https://us06web.zoom.us/j/85992554662
Meeting ID: 859 9255 4662
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.
July 9, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
July 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 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. FINANCIAL AUDIT SERVICES – Authorization to Execute Agreement for Financial Audit Services with Macias Gini & O’Connell LLP Contact Persons:
Name: Hein Hein Myat David Persselin
Title: Accounting Manager Finance Director
Dept: Finance Department Finance Department
Phone: 510-494-4602 510-494-4631
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or her designee to execute an agreement with MGO to provide financial audit services for fiscal years ending June 30, 2024, 2025, 2026, 2027 and 2028 at a total not-to-exceed amount of $831,075 for a term beginning in fiscal year 2023/24 and ending on June 30, 2029.
D. PURCHASE OF FIRE APPARATUS - Authorize City Manager to enter into an Agreement with Golden State Fire Apparatus for the Purchase of Three Type I Engines in the Amount of $3,708,551; Make Findings of CEQA Exemption
Contact Persons:
Name: Corina Campbell Heather Mozdean
Title: Business Manager Deputy Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4200
E-Mail: [email protected] [email protected]
July 9, 2024 Fremont City Council Page 4
RECOMMENDATION: Authorize the City Manager or her designee to issue a purchase order to Golden State Fire Apparatus for three Pierce Type I Fire Engines in a total amount not to exceed $3,708,551 using the terms of the Sourcewell contract, and find that the action is exempt from CEQA review per CEQA Guideline section 15378(b)(2) (administrative and funding activities of government).
E. FIRE STATION ALERTING SYSTEM - Authorize the City Manager to Enter into an Agreement with US Digital for the Purchase of a Fire Station Alerting System in the Amount of $1,536,914
Contact Persons:
Name: Corina Campbell Heather Mozdean
Title: Business Manager Deputy Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4200
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or her designee to issue a purchase order to US Digital Designs for the purchase of a Phoenix GS Alerting System in a total amount not to exceed $1,536,914 using the terms of the NPPgov contract to be paid from the Fire Station Alerting System Project (PWC9098-501).
F. APPROVE PURCHASE ORDER FOR FIRE PROTECTIVE EQUIPMENT – Authorize the City Manager to Issue a Purchase Order for Fire Protective Equipment to Municipal Emergency Services in an Amount Not to Exceed $125,000
Contact Persons:
Name: Corina Campbell Heather Mozdean
Title: Business Manager Deputy Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4200
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager to issue a purchase order to Municipal Emergency Services for personal protective equipment in an amount not to exceed $125,000 using the Sourcewell Cooperative Agreement, and find that the action is exempt from CEQA review per CEQA Guidelines, Section 15378(b)(2).
G. SERVICE AGREEMENT FOR RECRUITMENT MARKETING AND ADVERTISING – Authorize the City Manager to Execute a Service Agreement with the Hoffman Agency in an amount not to exceed $150,000 for Fiscal Year 2024/25
Contact Persons:
Name: Tina Gallegos
Title: Human Resources Director
Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]
RECOMMENDATION: Authorize the City Manager (or designee) to execute an agreement with the Hoffman Agency through June 30, 2025, in an amount not to exceed $150,000.
July 9, 2024 Fremont City Council Page 5
H. FOURTH AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT - Consideration of an Amendment to the Employment Agreement between City Manager Karena McGee Shackelford and the City of Fremont Contact Persons:
Name: Tina Gallegos
Title: Human Resources Director
Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]
RECOMMENDATION: Adopt attached Resolution and authorize the Mayor to execute the Fourth Amendment to the City Manager’s employment agreement which authorizes a four percent salary adjustment.
I. FOURTH AMENDMENT TO THE CITY ATTORNEY EMPLOYMENT AGREEMENT - Consideration of an Amendment to the Employment Agreement between City Attorney Rafael E. Alvarado, Jr. and the City of Fremont Contact Persons:
Name: Tina Gallegos
Title: Human Resources Director
Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]
RECOMMENDATION: Adopt attached Resolution and authorize the Mayor to execute the Fourth Amendment to the City Attorney’s employment agreement which authorizes a four percent salary adjustment.
J. TRANSFER STATION AGREEMENT AMENDMENT - Authorize Execution of Amendment Authorizing BLT Enterprises to Proceed with Design of Recycling Process Equipment Upgrades and Incorporate Enhanced Waste Diversion and Processing Services and Making Findings of CEQA Exemption Contact Persons:
Name: Kathleen Cote-Guarnieri Dan Schoenholz
Title: Environmental Services
Manager
Community Development Director
Dept: Environmental Services Community Development
Phone: 510-494-4583 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or her designee to execute the Seventh Amendment to the Agreement between the City of Fremont and BLT Enterprises for Recyclables Diversion and Transfer Services (Solid Waste Transfer Agreement), take all reasonable actions necessary and appropriate to implement the same, and find the action is exempt from CEQA as specified in this Report.
July 9, 2024 Fremont City Council Page 6
3. Ceremonial Items
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
A. CENTRAL PARK COMMUNITY CENTER PROJECT - Receive Presentation on Status of the Central Park Community Center Project (PWC9087); Approve an Initial Construction Phase Based on Currently Secured Funding; and Make Findings of CEQA Exemption
Contact Persons:
Name: Kim Beranek Hans Larsen
Title: Community Services Director Public Works Director Dept: Community Services Public Works
Phone: 510-494-4330 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approval of the following actions related to the Central Park Community Center Project (PWC9087):
1. Receive presentation on project status.
2. Approve an initial construction phase based on currently secured funding.
3. Find that the actions are exempt from environmental review as a separate and independent base for CEQA compliance, under CEQA Guidelines, Section 15061 (no possibility the activity may have significant effect on the environment) and Section 15378 (project planning is not a “project” under CEQA).
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
July 9, 2024 Fremont City Council Page 7
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
July 9, 2024 Fremont City Council Page 8
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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)