City Council Chambers
3300 Capitol Avenue
Fremont, CA
Fremont City Council
Lily Mei, Mayor
Desrie Campbell, Vice Mayor
Teresa Keng, District 1
Kathy Kimberlin, District 3
Yang Shao, District 4
Raj Salwan, District 5
Teresa Cox, District 6
City Staff
Karena Shackelford, City Manager
Rafael E. 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
Kelly King, Maintenance Operations Director
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
October 01, 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 - October 01, 2024
October 1, 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 October 1, 2024, City Council meeting online via Zoom https://us06web.zoom.us/j/84628076253
Meeting ID: 846 2807 6253
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.
October 1, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
October 01, 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. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE TITLE 15 AND TITLE 2
TO CREATE A BUILDING APPEALS BOARD
RECOMMENDATION: Adopt an ordinance amending Title 15 and Title 2 to the Fremont Municipal Code.
D. CITY OF FREMONT SALARY SCHEDULE ADOPTION - Consideration of a Resolution Adopting the City of Fremont's Salary Schedule Contact Persons:
Name: Tina Gallegos Brian Stott
Title: Human Resources Director Assistant City Manager
Dept: Human Resources City Manager's Office
Phone: 510-494-4652 510-494-4660
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution approving the City of Fremont’s Salary Schedule as established by the City Manager.
October 1, 2024 Fremont City Council Page 4
E. SERVICE AGREEMENT FOR AMERICAN SIGN LANGUAGE INTERPRETER SERVICES - Authorize the City Manager or Her Designee to Execute a Multi- year Service Agreement with Partners in Communication, LLC, through June 30, 2029, in an amount not to exceed $300,000.
Contact Persons:
Name: Michael Sa Kim Beranek
Title: Deputy Director of
Community Services
Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4372 510-494-4330
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or her designee to execute a multi-year service agreement with Partners in Communication, LLC, through June 30, 2029, in an amount not to exceed $300,000.
F. CITY NETWORK INFRASTRUCTURE UPGRADE - Authorize the City Manager, or Designee, to issue a purchase order to Saitech Inc. in the amount of $197,699.77 for the purchase of Cisco FirePower 3140 and Catalyst 9300 network equipment.
Contact Persons:
Name: Rahman Abdul Sanford Taylor
Title: IT Director
Dept: Information Technology
Services
Information Technology Services
Phone: 510-494-4826 510-494-4802
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or designee, to issue a purchase order to Saitech Inc. in the amount of $197,699.77 (including applicable sales tax and shipping charges) for the purchase of Cisco FirePower 3140 and Catalyst 9300 network equipment, execute any implementing documents, and take any implementing actions as necessary.
G. HOMELESS ENCAMPMENT AND ILLEGAL DUMPING ABATEMENT CONTRACT - Approve a 3-year, not-to-exceed $2,500,000 contract for Homeless Encampment and Illegal Dumping Abatement Services with Art Cuevas Landscaping and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines 15304 (Minor Alterations to Land) and 15307 (Actions by Regulatory Agencies for Protection of Natural Resources)
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]
October 1, 2024 Fremont City Council Page 5
RECOMMENDATIONS:
1. 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).
2. Deny the bid protest submitted by Sharjo, LLC dba ServiceMaster Restoration Services regarding the non-compliance of Art Cuevas Landscaping with prevailing wage law.
3. Authorize the City Manager, or her designee, to execute a contract with Art Cuevas Landscaping for homeless encampment and illegal dumping abatement services from October 1, 2024, through June 30, 2025 in an amount not-to-exceed $2,500,000.
4. Appropriate $160,000 in the Integrated Waste Management Fund to the 2024/25 Disposal Differential Operating Budget.
H. CONSTITUENT RELATIONSHIP MANAGEMENT (CRM) SOLUTION RENEWAL - Authorize the City Manager, or Designee, to enter into an Agreement, and to execute implementing documents with Granicus, LLC, for the RESPOND Constituent Relationship Management (CRM) Solution Renewal in an amount not to exceed $240,410.73 for a Three-Year term.
Contact Persons:
Name: Alicia Hernandez Sanford Taylor
Title: Division Manager IT Director
Dept: Information Technology
Services
Information Technology Services
Phone: 510-494-4805 510-494-4802
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or designee, to enter into an Agreement, and to execute implementing documents with Granicus, LLC, for the RESPOND Constituent Relationship Management (CRM) Solution Renewal in an amount not to exceed $240,410.73 for a three-year term.
I. WATER PARK SEWER REPLACEMENT - Approval of Plans and Specifications, and Award Contract to Smelly Mel’s Plumbing, Inc. in the amount of $142,200 (includes 20% Contingency) for the Aqua Adventure Water Park Sewer Pipe Replacement Project (PWC8501); Appropriation Action; and Make Findings of CEQA Exemption
Contact Persons:
Name: Jimmy Chen Khandan Bahmani
Title: Facilities Manager City Engineer
Dept: Public Works Public Works
Phone: 510-494-4715 510-494-4768
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approval of the following actions related to the Aqua Adventure Water Park Sewer Replacement Project (PWC8501):
1. Approve the Plans and Specifications for the Aqua Adventure Water Park Sewer Replacement Project.
2. Reject James Day Construction, Inc.’s bid protest.
3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Smelly Mel’s Plumbing, Inc. in the amount of $118,500 and allocate a 20% contingency in the amount of $23,700 for a total construction contract amount of $142,200 and authorize the City Manager or designee to execute the contract.
October 1, 2024 Fremont City Council Page 6
4. Appropriate $72,200 from the Operating Improvement Reserve in the Recreation Cost Center Fund (Fund 189) to pay a portion of the project costs.
5. Find the project is exempt from CEQA review pursuant to CEQA Guidelines pertaining to the replacement of the sewer pipes and lighting involving negligible or no expansion of capacity.
J. CITY HALL FIRE ALARM REPLACEMENT - Approval of Plans and Specifications; Award of Contract to HCI Systems, Inc. in the amount of $372,993 (includes 15% Contingency) for the City Hall Building A and B Fire Alarm Replacement Project (PWC9095); Make Findings of CEQA Exemption
Contact Persons:
Name: Jimmy Chen Khandan Bahmani
Title: Facilities Manager City Engineer
Dept: Public Works Public Works
Phone: 510-494-4715 510-494-4768
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approval of the following actions related to the City Hall Building A & B Fire Alarm Replacement Project (PWC9095):
1) Approve the Plans and Specifications for the City Hall Building A & B Fire Alarm Replacement Project.
2) Accept the Bid and award the construction contract to the lowest responsive and responsible bidder, HCI Systems, Inc. in the amount of $324,342 and allocate a 15% contingency in the amount of $48,651 for a total construction contract amount of $372,993 and authorize the City Manager or designee to execute the contract.
3) Find the project is exempt from CEQA review pursuant to CEQA Guidelines pertaining to the replacement of an existing fire alarm system involving negligible or no expansion of capacity.
K. VACATION OF EASEMENT AT 49000, 49036 AND 49086 MILMONT DRIVE - Adopt a Resolution Summarily Vacating Public Utility Easements, Emergency Vehicle Access Easements, and Slope Easement at 49000, 49036 and 49086 Milmont Drive in the Bayside Industrial Community Plan Area (PLN2023-00190) and Make Findings of CEQA Exemption Contact Persons:
Name: Yiu Kei Louie Khandan Bahmani
Title: Engineer II (Civil) City Engineer
Dept: Public Works Public Works
Phone: 510-494-4727 510-494-4768
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Adopt resolution to vacate Public Utility Easements, Emergency Vehicle Access Easements, and Slope Easement at 49000 – 49090 Milmont Drive on grounds the easements are no longer needed.
2. Accept new Emergency Vehicle Access Easement.
October 1, 2024 Fremont City Council Page 7
L. EMERGENCY PLUMBING REPAIR AT POLICE CENTER - Accept the Report; Find that the Emergency Continues; Make Findings of CEQA Exemption Contact Persons:
Name: Jimmy Chen Hans Larsen
Title: Facilities Manager Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4715 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Accept the staff report.
2. Review the conditions of the emergency and make a finding, by a four-fifths vote, that the emergency continues until the work on the Emergency Plumbing Repair at Police Center Project has been completed.
3. Find that the action is exempt from CEQA review pursuant to CEQA Guidelines Section 15269(b), as emergency repairs needed to maintain essential services.
M. FIELDTURF CLASS ACTION LITIGATION SETTLEMENT - Authorize the Submission of a Claim Form for $120,000 in Credit for FieldTurf Artificial Turf Marketing and Sales Practices Class Action Litigation Contact Persons:
Name: Tara Bhuthimethee Kim Beranek
Title: Parks Planning and Design
Manager
Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4738 510-494-4330
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or her designee to submit a claim form for $120,000 in credit for settlement of the FieldTurf Artificial Turf Marketing and Sales Practices Class Action Litigation.
October 1, 2024 Fremont City Council Page 8
3. Ceremonial Items - None.
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 - None.
A. Councilmember Referrals - None.
B. Appointments to Boards, Commissions, Committees - None.
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
October 1, 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
October 1, 2024 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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 CANCELLED: City
Council Meeting
October 22, 2024 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
October 29, 2024 No 7PM City Council Meeting
(5th Tuesday)
November 5, 2024 CANCELLED: City
Council Meeting
November 12, 2024 7:00 p.m. City Council Meeting Council Chambers Live
November 19, 2024 7:00 p.m. City Council Meeting Council Chambers Live
November 26, 2024 5:30 p.m. CC/FUSD Liaison
Committee Meeting FUSD Hosts Live
December 3, 2024 7:00 p.m. City Council Meeting Council Chambers Live
December 10, 2024 7:00 p.m. City Council Meeting Council Chambers Live
December 17, 2024 7:00 p.m. City Council Meeting Council Chambers Live
December 24, 2024
CANCELLED: CC/FUSD
Liaison Committee Meeting
(Observed Holiday)
January 7, 2025 7:00 p.m. City Council Meeting Council
Chambers
January 14, 2025 7:00 p.m. City Council Meeting Council Chambers
January 21, 2025 7:00 p.m. City Council Meeting Council Chambers
January 28, 2025 CANCELLED: CC/FUSD
Liaison Committee Meeting