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
December 03, 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 - December 03, 2024
December 3, 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 December 3, 2024, City Council meeting online via Zoom https://us06web.zoom.us/j/81587312545
Meeting ID: 815 8731 2545
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.
December 3, 2024 Fremont City Council Page 3
REVISED
Agenda
Fremont City Council Regular Meeting
December 03, 2024
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM
TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Councilmember Shao from:
Le Méridien Barcelona
La Rambla 111, Carrer del Pintor Fortuny, 4-6, 08001
Barcelona, Spain
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. CONCRETE REPAIRS AND INTERSECTION RAMPS PROJECT - Approval of the Plans and Specifications and Award of Contract to Terocons, Inc. in the Amount of $2,828,653 (Including 12% Contingency) for the 2025 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-I); Make Findings of CEQA Exemption.
Contact Persons:
Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]
December 3, 2024 Fremont City Council Page 4
RECOMMENDATION: Approval of the following actions related to the 2025 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-I):
1. Approve the plans and specifications for the project.
2. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Terocons, Inc. in the amount of $2,528,653 and allocate a 12% construction contingency in the amount of $300,000 for a total construction contract amount of $2,828,653 and authorize the City Manager or designee to execute the contract.
3. Find this project is exempt from CEQA review pursuant to CEQA Guidelines section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.
D. COUNTY LEASE AMENDMENT AT FRC - Approval of a Four-Year Lease Amendment with the County of Alameda for a Total of 4,867 Square Feet of Office and Common Area Space at the Family Resource Center; Exempt from CEQA Review per CEQA Guidelines Section 15301.
Contact Persons:
Name: Ian Champeny Christina Briggs
Title: Real Property Agent Assistant City Manager
Dept: Public Works City Manager's Office
Phone: 510-494-4759 510-284-4022
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or her designee, to execute a four-year lease amendment, as described in the staff report, with the County of Alameda for a total of 4,867 square feet of office and common area space located at the Fremont Family Resource Center.
E. FREMONT POLICE ASSOCIATION – Authorize City Manager to Execute Side Letters of Agreement to Reestablish Hiring Incentives and Amend the Memorandum of Understanding (MOU) between the City of Fremont and the Fremont Police Association (FPA) to Increase Compensation, Create a Pilot Double Overtime Program, and Revise Longevity and Educational Incentive Pays
Contact Persons:
Name: Kelly Wright Brian Stott
Title: Human Resources Deputy
Director
Assistant City Manager
Dept: Human Resources City Manager's Office
Phone: 510-494-4666 510-494-4660
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approve the terms negotiated with the Fremont Police Association (FPA) to reestablish hiring Incentives, adjust base compensation, and replace the existing Education Incentive Program with a combination of POST and Longevity Pays, and authorize the City Manager, or her Designee, to execute Side Letters of Agreement with FPA memorializing the negotiated terms.
December 3, 2024 Fremont City Council Page 5
F. ALAMEDA COUNTY PROBATION DEPARTMENT (ACPD) MASTER CONTRACT FOR JUVENILE JUSTICE CRIME PREVENTION ACT (JJCPA) - Authorization to Execute a Fifth Amendment to Service Agreement with Alameda County Probation Department for Juvenile Justice Crime Prevention Act (JJCPA) Programs Supporting At-Risk Youth and Families, through June 30, 2025, and a Third Amendment to a Subcontract with Seneca Family of Agencies (Seneca); Authorization for Associated Appropriation Actions; and Make Findings of CEQA Exemption.
Contact Persons:
Name: Annie Bailey Christina Briggs
Title: Youth and Family Services
Administrator
Assistant City Manager
Dept: Human Services Department City Manager's Office
Phone: 510-574-2111 510-284-4022
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager, or her designee, to execute a Fifth Amendment with ACPD for the additional amount of $56,268, increasing the total not-to- exceed amount from $397,179 to $453,447, for the City to continue to provide youth groups and parenting programs through June 30, 2025.
2. Authorize the City Manager, or her designee, to execute a Third Amendment to a sub-contract with Seneca, for the additional amount of $36,451, increasing the not-to-exceed amount from $191,449 to $227,900, through June 30, 2025.
3. Appropriate an additional $56,258 in FY 24/25 to the AC Probation JJCPA account in Fund 133.
3. Ceremonial Items
A. Proclamation: California Nursery Garden Club
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. CRITICAL MUNICIPAL FACILITIES PROJECT - Public Hearing (Published Notice) to consider a resolution 1) authorizing the City Manager or her designee to negotiate, execute and implement a Power Purchase Agreement (PPA) with Ava Community Energy for installation of solar- battery microgrids at six critical City facilities; 2) finding that the PPA qualifies for expedited procurement under California Government Code Section 4217.10; and 3) finding that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, on a separate and independent basis, Public Resources Code 21080.35, Guideline 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15311 (Accessory Structures).
December 3, 2024 Fremont City Council Page 6
Contact Persons:
Name: Kranti Kapur Dan Schoenholz
Title: Sustainability Coordinator Community Development Director Dept: Environmental Services Community Development
Phone: 510-494-4519 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Hold public hearing.
2. Adopt a resolution: a) authorizing the City Manager, or her designee, to negotiate, and execute a PPA with Ava Community Energy, consistent with the terms described in the staff report; b) finding that California Government Code Section 4217.10, et seq., applies to the PPA and authorizes s for expedited procurement; and c) finding that the project is exempt from CEQA per, without limitation, on a separate and independent basis, Public Resources Code 21080.35, Guideline 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15311 (Accessory Structures).
6. Other Business
7. Items Referred by Councilmembers
A. Councilmember Referrals - None.
B. Appointments to Boards, Commissions, Committees
1. MAYOR MEI REFERRAL: Appointments and Reappointments to Advisory Bodies
Contact Persons:
Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]
APPOINTMENTS:
Advisory Bodies Appointee Term Expires
Art Review Board Judy Lam 12/31/2025
Economic Development Advisory Commission Anurag Mishra 12/31/2026 At-Large Representative
Environmental Sustainability Commission Bettina Grab 12/31/2028 Business Community Representative
Historical Architectural Review Board Paul Welschmeyer 12/31/2028
Recreation Commission Sunita Lodha 12/31/2025
Senior Citizens Commission Edilberto Aguilera 12/31/2026
December 3, 2024 Fremont City Council Page 7
REAPPOINTMENTS:
Advisory Bodies Appointee Term Expires
Citizens Advisory Committee (CDBG Program) William Bain 12/31/2028
Citizens Advisory Committee (CDBG Program) Bowen Hou 12/31/2028
Citizens Advisory Committee (CDBG Program) Preeti Kristipati 12/31/2028
Citizens Advisory Committee (CDBG Program) Claudia Bess 12/31/2028
Environmental Sustainability Commission Paul Kelley 12/31/2028 At-Large Representative
Library Advisory Commission Janet Perry 12/31/2028
Planning Commission Yonggang Zhang 12/31/2028
Recreation Commission Sundar Sankaran 12/31/2028
Youth Advisory Commission Tia Mehta 12/31/2026
Youth Advisory Commission Rohan Bhagra 12/31/2026
Youth Advisory Commission Aryav Dube 12/31/2026
Youth Advisory Commission Lemeng Kong 12/31/2026
Youth Advisory Commission Shamar Gowda 12/31/2026
Youth Advisory Commission Kaitlyn Huynh 12/31/2026
RECOMMENDATION: Approve appointments and reappointments.
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
December 3, 2024 Fremont City Council Page 8
December 3, 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
December 3, 2024 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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 Live
January 14, 2025 7:00 p.m. City Council Meeting Council Chambers Live
January 21, 2025 7:00 p.m. City Council Meeting Council Chambers Live
January 28, 2025 CANCELLED: CC/FUSD
Liaison Committee Meeting
Monday,
February 3, 2025 5:30 p.m. CC/FUSD Joint Meeting City Hosts Live February 4, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 11, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 18, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 25, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
March 4, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
March 11, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
March 18, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
March 25, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting FUSD Hosts Live