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
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Fremont City Council Agenda and
Report
October 08, 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 08, 2024
October 8, 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 8, 2024, City Council meeting online via Zoom https://us06web.zoom.us/j/89665003590
Meeting ID: 896 6500 3590
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 8, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
October 08, 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 Regular Meeting of May 21, 2024, the Regular Meeting of June 4, 2024, the Special and Regular Meetings of June 11, 2024, the Special and Regular Meetings of June 18, 2024, the Special and Regular Meetings of July 9, 2024, the Special and Regular Meetings of July 16, 2024, and the Special Meeting of July 23, 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. AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BAY AREA COMMUNITY SERVICES - Authorize the City Manager to Execute an Agreement with Bay Area Community Services for the Wellness Center Contact Persons:
Name: Robert Lopez Christina Briggs
Title: CDBG Administrator Assistant City Manager
Dept: Human Services Department City Manager's Office
Phone: 510-574-2043 510-284-4022
E-Mail: [email protected] [email protected]
October 8, 2024 Fremont City Council Page 4
RECOMMENDATION: Authorize the City Manager, or her designee, to enter into an agreement with Bay Area Community Services from July 1, 2024 to June 30, 2027, for a total amount not to exceed $1,431,939, to allow BACS to continue operating the Wellness Center, which serves people experiencing homelessness as described in this report.
D. REGIONAL MEASURE 3 GRANT FUNDING - Adopt Resolution of Project Compliance to Support Receiving $1,078,000 in Regional Measure 3 Grant Funds from the Metropolitan Transportation Commission for the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project (PWC9026); Appropriate the Grant Funds, and Make Findings of CEQA Exemption
Contact Persons:
Name: Eric Hu Noe Veloso
Title: Principal Transportation
Engineer
Assistant City Engineer
Dept: Public Works Public Works
Phone: 510-494-4542 510-494-4774
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Adopt resolution of project compliance to support receiving $1,078,000 in Regional Measure 3 grant funds from the Metropolitan Transportation Commission for the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project (PWC9026).
2. Appropriate $1,078,000 of Measure 3 grant funds to PWC9026-571 in the Miscellaneous Capital Grants Fund.
3. Find the action is exempt from CEQA review per CEQA Guidelines, section 15061 9(b)(3).
E. ACTC FUNDING APPLICATIONS - Adopt Resolution of Local Support for the Submittal of Project Applications to the Alameda County Transportation Commission (ACTC) for their 2026 Comprehensive Investment Program Call for Projects for the Following Three Projects: 1) Fremont Boulevard Multimodal Corridor (Downtown to Irvington) Project, 2) Centerville Quiet Zone/Railroad Crossing Safety Improvement Project, and 3) South Grimmer/Osgood Road Intersection Improvement Project; and Make Findings of CEQA Exemption
Contact Persons:
Name: Eric Hu Noe Veloso
Title: Principal Transportation
Engineer
Assistant City Engineer
Dept: Public Works Public Works
Phone: 510-494-4542 510-494-4774
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Adoption of the Resolution of Local Support for the Fremont Boulevard Multimodal Project (Downtown to Irvington);
2. Adoption of the Resolution of Local Support for the Centerville Quiet Zone/Railroad Crossing Safety Improvements Project;
3. Adoption of the Resolution of Local Support for the South Grimmer/Osgood Road Intersection Improvement Project; and
4. Find the action is exempt from CEQA review per CEQA Guidelines, section 15061 9(b)(3).
October 8, 2024 Fremont City Council Page 5
F. I-880/DECOTO INTERCHANGE MODERNIZATION PROJECT - Approval of Funding Agreement with the Alameda County Transportation Commission for the Design Phase of the I-880/Decoto Road Interchange Modernization Project (PWC9022); Accept and Approve Appropriation of Measure BB Funds in the Amount of $2,400,000 to the Project; Approve a Professional Services Agreement with Mark Thomas & Company, Inc. in the Amount of $2,425,000 (Including 10% Contingency) for Project Design Services; Other Appropriation Actions; and Make Finding of CEQA Exemption.
Contact Persons:
Name: Eric Hu Noe Veloso
Title: Principal Transportation
Engineer
Assistant City Engineer
Dept: Public Works Public Works
Phone: 510-494-4542 510-494-4774
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approval of the following actions related to the I-880/Decoto Interchange Modernization Project (PWC9022):
1. Authorize the City Manager or her designee to execute a funding agreement with ACTC.
2. Appropriate $2,400,000 in ACTC Measure BB funds to PWC9022-504.
3. Reallocate $25,000 in State Gas Tax (SB1) funds from PWC8234-134 to PWC9022-134.
4. Authorize the City Manager or designee to execute a Professional Service Agreement with Mark Thomas & Company, Inc., in an amount not to exceed $2,425,000 for design services.
5. Find that the actions are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b) (3).
G. ON-CALL GEOTECHNICAL PEER REVIEW SERVICES - Approval of Agreements for On-Call Geotechnical Peer Review Services with Cotton, Shires and Associates, Inc. and Ninyo & Moore Geotechnical & Environmental Sciences Consultants in the amount of $1,250,000 per Agreement; Make Finding of CEQA Exemption
Contact Persons:
Name: Jian Huang Noe Veloso
Title: Senior Civil Engineer Assistant City Engineer
Dept: Public Works Public Works
Phone: 510-494-4733 510-494-4774
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approve and authorize the City Manager or her designee to execute a Master Service Agreement with the following consultants:
1. Cotton, Shires and Associates, Inc. for on-call geotechnical peer review services for a total not-to-exceed compensation of $1,250,000 for five years.
2. Ninyo & Moore Geotechnical & Environmental Sciences Consultants for on-call geotechnical peer review services for a total not-to-exceed compensation of $1,250,000 for five years.
3. Find that the actions are exempt from environmental review, each as a separate and independent basis 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).
October 8, 2024 Fremont City Council Page 6
H. 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.
I. REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES - Consideration of Revisions to the Council Handbook to Update the Procedure for Requests for Ceremonial Recognition, Add a Handbook Acknowledgement Form, and Make Minor Clerical Corrections to the Document.
Contact Persons:
Name: Rafael Alvarado
Title: City Attorney
Dept: City Attorney's Office
Phone: 510-284-4030
E-Mail: [email protected]
RECOMMENDATION: Adopt a resolution amending the City Council Handbook of Rules and Procedures.
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
October 8, 2024 Fremont City Council Page 7
5. Scheduled Items
A. INTRODUCE ORDINANCE AMENDING THE COMPOSITION OF THE GEORGE W. PATTERSON HOUSE ADVISORY BOARD - Referral from the Recreation Commission and the George W. Patterson House Advisory Board to amend the composition of the Patterson House Advisory Board
Contact Persons:
Name: Irene Jordahl Michael Sa
Title: Recreation Superintendent II Deputy Director of Community Services
Dept: Community Services Community Services
Phone: 510-494-4322 510-494-4372
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Waive the first reading and introduce the attached ordinance amending Section 2.20.560 of the Fremont Municipal Code.
2. Find that ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.
6. Other Business
A. PARKING ENFORCEMENT AUTHORITY ORDINANCE - Introduce an Ordinance Amending Section 10.05.550 and Adding Section 10.05.555 to the Fremont Municipal Code to Enhance Parking Enforcement Authority Contact Persons:
Name: Allen DeMers Sean Washington
Title: Deputy City Manager Police Chief
Dept: City Manager's Office Police Department
Phone: 510-494-4651 510-790-6969
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Find that ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.
2. Waive the first reading and introduce the attached ordinance amending Section 10.05.550 and adding Section 10.05.555 to the Fremont Municipal Code.
3. Direct the City Clerk to post and publish the ordinance in accordance with Government Code Section 36933(c)(1).
October 8, 2024 Fremont City Council Page 8
7. Items Referred by Councilmembers
A. Councilmember Referrals - None.
B. Appointments to Boards, Commissions, Committees
1. MAYOR MEI REFERRAL: Appointment to Advisory Body
Contact Persons:
Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]
APPOINTMENT:
Advisory Body Appointee Term Expires
Economic Development Advisory Commission Stephen Kapp 12/31/2027 Commercial/Industrial Representative
RECOMMENDATION: Approve appointment.
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
October 8, 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 8, 2024 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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