Agenda packet, first session — Fremont City Council, November 15, 2022

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Teresa Keng, Vice Mayor
Rick Jones, District 2
Jenny Kassan, District 3
Yang Shao, District 4
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

Geneva Bosques, Communications and
Legislative Affairs Director
Allen DeMers, Assistant to the City Manager
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Curtis Jacobson, Fire Chief
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
Suzanne Wolf, Community Services Director
Fremont City Council
Agenda and Report
November 15, 2022

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

IMPORTANT NOTICE REGARDING THE

CITY COUNCIL MEETING
This meeting is being conducted utilizing
teleconferencing and electronic means Pursuant to
Government Code Section 54953(e) (Assembly Bill
361), The live stream of the meeting may be viewed
on the City of Fremont’s website at
www.Fremont.gov/Channel27 , which also provides
a link to the live stream; or, on Comcast Channel 27.

Please note at this time, Channel 27 is only
available to Comcast cable subscribers. The public
may only view the meeting on television and/or
online and not in the Council Chamber.

Submission of Public Comments: For those wishing
to make public comments at the November 15, 2022
Council meeting, you may either: (1) submit your
comments by email prior to the meeting, or (2) by
Spoken Public Comment during the meeting. If you
experience technical problems with the telephonic
meeting, please contact the City Clerk’s Office at
(510)284-4060 or [email protected] .

See instructions on next page.

Agenda and Report - Fremont City Council Meeting - November 15, 2022

November 15, 2022 Fremont City Council Page 2
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 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, 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 during a public comment portion of the zoom meeting, submit the pdf formatted document(s) to the email above by the noted deadline. Use the “raise hand” feature to request to speak. When called upon by the Mayor, City staff can share the document(s) while you are speaking during the time allotted.

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:
1) By phone 833-430-0037 (toll free). Webinar ID: 876 8559 2468. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/87685592468
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak.
d. When called, please limit your remarks to the time limit allotted.

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] prior to the meeting for assistance.

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 Address the City Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

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. Please 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 will limit the length of your presentation (see instructions on speaker card) and each speaker may only speak once on each agenda item.

The City Council Agendas may be accessed by computer at the following World Wide Web Address:
www.fremont.gov

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

Your interest in the conduct of our City’s business is appreciated.

November 15, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
November 15, 2022
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. AB 361 - Consider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361
Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATION: Staff recommends that the City Council make the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:

1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency;

2. The state of emergency continues to directly impact the ability of the members to meet safely in person; and

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on December 13, 2022.

November 15, 2022 Fremont City Council Page 4
D. BELL STREET GARDENS AFFORDABLE APARTMENTS –Resolution Approving the Conditional Commitment and Execution of Agreement for $540,000 of Federal HOME Funds
Contact Persons:

Name: Lucia Hughes Robert Lopez
Title: Housing Manager CDBG Administrator
Dept: Housing Human Services Department
Phone: 510-494-4506 510-574-2043
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Adopt a Resolution conditionally approving a loan of $540,000 in FY 2020/21 HOME funds to Resources for Community Development for the development of the Bell Street Gardens Affordable Apartments and authorizing the City Manager or designee to make the determination that the funding is needed to close a funding gap for the project and execute all necessary HOME-related loan and implementing documents with Resources for Community Development and Alameda County.

2. Appropriate $540,000 in HOME funds (Fund 103) to the Bell Street Gardens project.

E. 2023 PAVEMENT CRACK SEAL PROJECT - Approval of Specifications and Award of Contract to Global Road Sealing, Inc. in the Amount of $228,700 (Including 20% Contingency) for the 2023 Citywide Pavement Crack Seal Project (PWC8195-V1); 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]

RECOMMENDATION: Approval of the following actions related to the 2023 Citywide Pavement Crack Seal Project (PWC8195-V1):

1. Find the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 as the maintenance, repair or minor alteration of existing facilities involving negligible or no expansion of use beyond that presently exists.

2. Approve the specifications for the project.

3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Global Road Sealing, Inc. in the amount of $190,700 and allocate a 20% construction contingency in the amount of $38,000 for a total construction contract amount of $228,700 and authorize the City Manager or designee to execute the contract.

November 15, 2022 Fremont City Council Page 5
F. STREET NAME SIGN PROJECT - Approval of Plans and Specifications and Award Construction Contract to Safety Network, Inc. in the Amount of $472,477.64 (including 10% Contingency) for the Citywide Street Name Sign Installation Project (PWC8996); Appropriation Actions; and Make Findings of CEQA Exemption
Contact Persons:

Name: Aleksandr Zabyshny Hans Larsen
Title: Senior Transportation
Engineer
Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4796 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the Citywide Street Name Sign Upgrade Project (PWC8996):

1. Find that this project is categorically exempt from review under California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presenting existing.

2. Approve the plans and specifications for the project.

3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Safety Network, Inc., in the amount of $429,524.64 and allocate a 10% contingency in the amount of $42,953.00 for a total construction contract amount of $472,477.64 and authorize the City Manager or designee to execute the contract.

4. Reallocate $76,000from PWC8677-136 to PWC8996-136.

G. I-880/DECOTO ROAD INTERCHANGE MODERNIZATION PROJECT - Authorization to Execute a Professional Services Agreement with Mark Thomas & Company, Inc. in an amount not to exceed $1,980,240 for the Project Approval and Environmental Clearance Phase of the I-880/Decoto Road Interchange Modernization Project (PWC9022); Make Findings of CEQA Exemption
Contact Persons:

Name: Eric Hu Hans Larsen
Title: Principal Transportation
Engineer
Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4542 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute a Professional Service Agreement with Mark Thomas & Company, Inc. for the PA/ED phase for the I-880/Decoto Road Interchange Modernization Project, in an amount not to exceed $1,980,240.

2. Reallocate $25,000 in SB 1 funds from PWC8234-134 to PWC9022-134.

3. Find the action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15262 and 15061(b)(3). As a separate and independent basis for CEQA compliance, the appropriate environmental assessment and determination for the overall project implementation will be conducted as part of the PA/ED phase of work.

November 15, 2022 Fremont City Council Page 6
H. WALNUT/LIBERTY INTERSECTION IMPROVEMENTS PROJECT -Approval of Plans and Specifications; Award Contract to Golden Bay Construction, Inc., Inc. in the Amount of $1,659,109.63 (includes 10% Contingency) for the Walnut Avenue and Liberty Street Intersection Improvements Project (PWC9037); Appropriation Actions; and Make Findings of CEQA Exemption Contact Persons:

Name: Edelzar Garcia Hans Larsen
Title: Associate Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4781 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the Walnut Avenue and Liberty Street Intersection Improvements Project (PWC9037):

1. Find that this project is exempt from California Environmental Quality Act (CEQA) review pursuant to Sections 21080.20 and 21080.25 as a sustainable transportation project that implements pedestrian and bicycle facilities and improves multimodal safety and access for current and potential BART riders and is further exempt pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.

2. Accept staff’s certification that the project will be completed by a skilled and trained workforce in accordance with statutory requirements and pursuant to the project specifications.

3. Approve the plans and specifications for the project.

4. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Golden Bay Construction, Inc. in the amount of $1,508,281.63 and allocate a 10% construction contingency in the amount of $150,828 for a total construction contract amount of $1,659,109.63 and authorize the City Manager or designee to execute the contract.

5. Reallocate $200,000 from PWC7953-531 and appropriate it to PWC9037 531.

6. Reallocate $62,320.72 from PWC8828-501 and appropriate it to PWC9037 501.

7. Reallocate $84,809.68 from PWC8828-531 and appropriate it to PWC9037 531.

8. Reallocate $64,395.82 from PWC8959-531 and appropriate it to PWC9037 531.

9. Reallocate $46,395.69 from PWC8927-136 and appropriate it to PWC9037 136.

10. Reallocate $98,943.09 from PWC9033-531 and appropriate it to PWC9037 531.

I. POLICE OUTDOOR FIRING RANGE - Approval of Lease Amendment with Alameda County Water District for Use of Property Near Patterson Reservoir as Police Outdoor Firing Range; Approval of Plans and Specifications and Award of Contract to McNabb Construction, Inc. in the amount of $441,784 (including 15% Contingency) for the Fremont Police Outdoor Firing Range Renovation Project (PWC8995); Appropriation Actions; and Make Findings of CEQA Exemption
Contact Persons:

Name: Ian Champeny Martha Martinez
Title: Real Property Agent Facilities Project Manager
Dept: Public Works Public Works
Phone: 510-494-4759 510-494-4750
E-Mail: [email protected] [email protected]
November 15, 2022 Fremont City Council Page 7

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute a Second Amendment to the Lease between the City of Fremont and the Alameda County Water District for continued use of ACWD property located near Patterson Reservoir as an Outdoor Firing Range.

2. Approve Plans and Specifications for the Fremont Police Outdoor Firing Range Improvement Project (PWC8995).

3. Accept the Bid and award the construction contract to the lowest responsive and responsible bidder McNabb Construction, Inc. in the amount of $384,160 and allocate a 15% contingency in the amount of $57,624 for a total construction contract amount of $441,784 and authorize the City Manager or designee to execute the contract.

4. Allocate $150,000 of unappropriated fund balance in the Capital Improvements Fund to PWC8995-501.

5. Find that the recommended actions are exempt under the California Environmental Quality Act (CEQA) as specified in CEQA Guidelines Section 15301, (Existing Facilities) and CEQA Guidelines Section 15302(b) (Replacement or Reconstruction).

J. PARCEL MAP 9281 BOND RELEASE - Approval of Partial Release of Performance Bonds in the Amount of $2,810,000 Posted by APIC THE GLOBE, LLC with the Public and Private Agreements Required for Parcel Map 9281; and Make Findings of CEQA Exemptions
Contact Persons:

Name: Anne Quasarano Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Engineering Public Works
Phone: 510-494-4767 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS: Find that the action is exempt from CEQA review under Section 15378(b)(2) and (b)(5) and approve the partial release of the Faithful Performance Bonds in the amount of $2,810,000 posted by APIC THE GLOBE, LLC with the approved Public and Private Improvement Agreements for Parcel Map 9281.

K. HOMELESS ENCAMPMENT AND ILLEGAL DUMPING ABATEMENT CONTRACT AMENDMENT - Amend Contract for Homeless Encampment and Illegal Dumping Abatement Services with Art Cuevas Landscaping to Increase the Total Contract Amount from $617,120 to $1,255,120 and Find that the Project is Exempt from Review Under the California Environmental Quality Act (CEQA) per CEQA Guidelines 15304 and 15307.

Contact Persons:

Name: Kathleen Cote-Guarnieri Suzanne Wolf
Title: Environmental Services
Manager
Community Services Director
Dept: Environmental Services Community Services
Phone: 510-494-4583 510-494-4329
E-Mail: [email protected] [email protected]

November 15, 2022 Fremont City Council Page 8

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to execute a contract amendment with Art Cuevas Landscaping for homeless encampment and illegal dumping abatement expiring June 30, 2024, not to exceed $1,255,120.

2. 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).

L. DEVELOPMENT CENTER FAÇADE REPLACEMENT PROJECT - Reject Bid Received on October 12, 2022 for the Development Center Façade Replacement Project (PWC9016)
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]

RECOMMENDATION: Reject the one bid received on October 12, 2022, for the Development Center Façade Replacement Project (PWC9016) and direct staff to re- bid the project.

3. Ceremonial Items
A. Resolution: Recognition of Veteran's Day
B. Proclamation: Native American Heritage Month
C. Proclamation: Transgender Day of Remembrance - November 20, 2022 D. Proclamation: Small Business Saturday – November 26, 2022

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.

November 15, 2022 Fremont City Council Page 9

6. Other Business
A. AUTHORIZE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH EAST BAY REGIONAL PARK DISTRICT FOR 900 ACRES AT MISSION PEAK; Authority the City Manager to execute a lease agreement with East Bay Regional Park District to include 900 acres at Stanford Staging Area and the larger Mission Peak are for the purpose of public park, recreation, and open space and find that no further environmental review is required for the lease pursuant to CEQA Guidelines 15307, 15162, 15163, 15678(b) and 15601(b)(3)
Contact Persons:

Name: Kim Beranek Suzanne Wolf
Title: Deputy Director Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4330 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATION:

1. Authorize the City Manager to execute a lease agreement with East Bay Regional Park District to include 900 acres at Stanford Staging Area and the larger Mission Peak area for the purpose of public park, recreation, and open space.

2. Find that continuation of the lease of 900 acres at Mission Peak to EBRPD would be exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15307 (2) the continuation of Mission Peak as a park by EBRPD are part of the project analyzed in the General Plan EIR (SCH#2010082060) and none of the circumstances necessitating preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163 are present; and (3) CEQA Guidelines Sections 15378(b) and 15601(b)(3).

7. Items Referred by Councilmembers
A. Councilmember Referrals

1. COUNCILMEMBER JONES REFERRAL: Honorary Driveway at Police Department
Contact Persons:

Name: Rick Jones
Title: Councilmember
Dept: City Council
Phone: 510-284-4083
E-Mail: [email protected]

RECOMMENDATIONS:

1. Direct staff to complete the technical and production work required to create and install a sign near the east driveway of the Police Department honoring retired Police Chief Craig Steckler.

2. Direct staff to developed guidelines delineating where and under what circumstances honorary/commemorative signs of this type will be allowed in the future.

November 15, 2022 Fremont City Council Page 10
B. Appointments to Boards, Commissions, Committees - None.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
November 15, 2022 Fremont City Council Page 11

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

November 15, 2022 Fremont City Council Page 12

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 November 15, 2022 7:00 p.m. City Council Meeting Council Chambers Live
November 22, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
November 29, 2022 No 7PM City Council Meeting
(5th Tuesday)
December 6, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 13, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 20, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 27, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
January 3, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
January 10, 2023 7:00 p.m. City Council Meeting Council Chambers Live
January 17, 2023 7:00 p.m. City Council Meeting Council Chambers Live
January 24, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
Monday, February 6,
2023 5:30 p.m. CC/FUSD Joint Meeting Council
Chambers Live
February 7, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 14, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 21, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
March 7, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 14, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 21, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live

Fremont City Council Meeting: 11/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4705) DOC ID: 4705
Updated: 10/27/2022 2:30 PM by Susan Gauthier Page 1
AB 361 - Consider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361
Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Div/Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

Executive Summary: In order for the City Council and the City’s legislative bodies to continue holding meetings by teleconferencing pursuant to Government Code Section 54953(e) (AB 361), the City Council needs to reconsider the circumstances of the state of emergency created by the COVID-19 pandemic every 30 days and find that the state of emergency continues to directly impact the ability of the members to meet safely in person.

BACKGROUND: On September 16, 2021, Governor Newsom signed AB 361 amending the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. AB 361 builds upon Executive Order N-29-20, issued by the Governor on March 17, 2020, which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID-19 declared emergency.

AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations, if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the agency has already determined or is determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

To continue meeting remotely pursuant to AB 361, an agency must make periodic findings that: (1) the body has reconsidered the circumstances of the declared emergency; and (2) the emergency impacts the ability of the body’s members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing. These findings should be made not later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter.

DISCUSSION/ANALYSIS: The City Council and the City’s other legislative bodies have met using teleconferencing throughout the COVID-19 pandemic to protect the health and safety of the public and staff. The factual circumstances exist for the City to continue to hold meetings pursuant to AB 361. Specifically, the Governor’s declared State of Emergency in response to the COVID-19 pandemic (the “Emergency”) is still in place. In addition, the City of Fremont COVID-19 Employee Resource Guide requires physical distancing for City employees, customers and visitors, to the extent possible. And finally, the Centers for Disease Control and Prevention continue to advise that COVID-19 spreads more easily

2.C
Packet Pg. 13
Staff Report (ID # 4705) Meeting of November 15, 2022
Updated: 10/27/2022 2:30 PM by Susan Gauthier Page 2
indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time. Therefore, due to the ongoing COVID 19 pandemic, the need to promote social distancing to reduce the likelihood of exposure to COVID-19, and the imminent risks to the health or safety of meeting attendees, the Emergency impacts the ability of the City Council and the legislative bodies of the City to meet safely in person.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS: None.

RECOMMENDATION: Staff recommends that the City Council make the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:

1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency;

2. The state of emergency continues to directly impact the ability of the members to meet safely in person; and

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on December 13, 2022.

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Fremont City Council Meeting: 11/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Housing
Fremont, CA 94538 Category: Affordable Housing

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4713) DOC ID: 4713
Updated: 11/9/2022 11:46 AM by Alberto Quintanilla Page 1 BELL STREET GARDENS AFFORDABLE APARTMENTS –Resolution Approving the Conditional Commitment and Execution of Agreement for $540,000 of Federal HOME Funds
Contact Persons:

Name: Lucia Hughes Robert Lopez
Title: Housing Manager CDBG Administrator
Div/Dept: Housing Human Services Department
Phone: 510-494-4506 510-574-2043
E-Mail: [email protected] [email protected]

Executive Summary: Staff recommends the City Council adopt a Resolution to conditionally approve the use of $540,000 of Fremont’s allocation of federal HOME funds for the Bell Street Gardens project; authorize the City Manager to determine if the funding is needed for the project in order to close its construction financing; and if the funding is needed for the project, to execute a loan agreement with the developer for the additional funds.

BACKGROUND: Resources for Community Development (RCD), a Bay Area-based non- profit housing developer, is the developer of the Bell Street Gardens affordable housing project. Bell Street Gardens will convert the Islander Motel building and construct a new building on two adjacent parcels to provide a total of 128 units of permanent affordable housing on approximately two acres. The housing will be accessible to households earning less than 50% of area median income (AMI), with 29% of the units at no more than 20% AMI, including special needs housing for individuals with disabilities and formerly homeless households.

The City has provided a total of $13,295,000 in funding for the project from a combin ation of affordable housing fees paid by market rate and commercial/industrial developers ($10,470,000); federal Community Development Block Grant (CDBG) funds ($1,825,000); and federal HOME funds ($1,000,000). The project also has secured funding from the Alameda County Measure A1 housing bond, the State’s Multifamily Housing Program, and the State’s Housing Accelerator Program, as well as bank loans.

DISCUSSION/ANALYSIS: The project’s financing package looked to be complete until recently. Due to high inflation, interest rate increases and impacts such as higher costs for insurance and other soft costs, RCD recently identified a funding gap of approximately $ 8.2 million. While RCD has secured $2.7 million in County funding commitments, secured $1 million in Fremont’s allocation of Federal HOME funds, and identified approximately $500,000 savings from developer fee deferral, there is a remaining gap of about $ 4 million.

In recognition that construction costs have increased sharply in recent months, the S tate Housing Accelerator Program has made $45 million in supplemental funding available for approved projects like Bell Street Gardens. RCD has applied for funds to eliminate the remaining financing gap but has not yet learned if their application was succ essful.

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Staff Report (ID # 4713) Meeting of November 15, 2022
Updated: 11/9/2022 11:46 AM by Alberto Quintanilla Page 2 Alameda County housing staff recently identified that Fremont has $540,000 in federal HOME funds that are unallocated and could be used for the Bell Street Gardens project. A conditional award of the funds would help close the remaining funding gap if RCD’s application for State supplemental funding is unsuccessful.

Appropriation of $540,000 in HOME funds would increase the total City appropriation for the project to $13,835,000, or about $108,000 per unit. This subsidy is comparable to those provided to other affordable projects over the past several years.

FISCAL IMPACT: The proposed award of HOME funds requires a new appropriation in the amount of $540,000. This appropriation will be covered through the City’s share of the County’s federal HOME line of credit.

It should also be noted that as part of a May 2022 report to Council related to the award of $1,000,000 in HOME funding for Bell Street Gardens, staff had informed Council that $1,000,000 in Alameda County Measure A1 funds allocated to the project would likely no longer be needed, and that the County would likely be able to re-allocate the funds to a new another Fremont project. Due to the subsequent cost increases, however, the Bell Street Gardens project will use the entire County allocation and there will be no project savings available for another project.

ENVIRONMENTAL REVIEW: On November 20, 2018, the City Council adopted a Mitigated Negative Declaration for a General Plan Amendment, Rezoning and Discretionary Design Review Permit for the development of this project, located at 4101 Mowry Avenue and comprising the Bell Street Gardens Affordable Apartments Project; no further CEQA review is required because none of the circumstances specified in CEQA Guidelines Section 15162 necessitating preparation of subsequent environmental review are present or have occurred; and, as a separate and independent basis, the action is exempt pursuant to, without limitation, (1) CEQA Guidelines Section 15378 (fiscal activities that do not invo lve commitment to a specific project that will result in any significant physical impact on the environment); and/or Section 15061(b)(3) (no possibility of significant effect on the environment).

NEPA: The project is also subject to environmental procedures pursuant to the National Environmental Policy Act (NEPA), as amended, and implementing regulations set forth in 24 CFR Part 58. Consistent with NEPA regulations, the initial Environmental Review process and Authority to Use Grant Funds for federal HOME funds was completed on July 25, 2022. Per ACHCD, additional HOME funds can be added to the project as long as the scope of the project has not changed.

ATTACHMENTS: None.

ATTACHMENTS:
• Draft Resolution Bell HOME 540K

RECOMMENDATIONS:

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Staff Report (ID # 4713) Meeting of November 15, 2022
Updated: 11/9/2022 11:46 AM by Alberto Quintanilla Page 3 the determination that the funding is needed to close a funding gap for the project and execute all necessary HOME-related loan and implementing documents with Resources for Community Development and Alameda County.

2. Appropriate $540,000 in HOME funds (Fund 103) to the Bell Street Gardens project.

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Resolution 2022-XX Page 1 of 3
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT APPROVING THE CONDITIONAL COMMITMENT
AND EXECUTION OF AN AGREEMENT FOR $540,000 OF

FEDERAL HOME FUNDS FOR BELL STREET GARDENS

AFFORDABLE APARTMENTS

WHEREAS, Resources for Community Development (“RCD”) is the developer of the Bell Street Gardens affordable housing project, converting the Islander Motel building and constructing an adjacent new building to provide a total of 128 permanent affordable apartments; and

WHEREAS, the City has provided a total of $13,295,000 in funding for the project from a combination of sources and the project also secured funding from Alameda County Measure A-1 Bond funds, the State’s Multifamily Housing Program, the State’s Housing Accelerator Program, and bank loans; and

WHEREAS, the project’s financing package appeared to be complete until recently when, due to high inflation, interest rate increases and impacts such as higher costs for insurance and other soft costs, RCD identified a funding gap of approximately $8.2 Million; and

WHEREAS, in addition to $1 Million of Fremont’s allocation of HOME funds, RCD has secured $2.7 Million in additional County funding commitments and deferred a portion of their developer fee, but there is a remaining gap of about $4 Million; and

WHEREAS, RCD has applied for additional funding from the State’s Accelerator Program, but has not yet learned if their application was successful; and

WHEREAS, Alameda County housing staff recently identified that Fremont has $540,000 in federal HOME funds that are unallocated and could be used for the Bell Street Gardens project, and a conditional award of the funds would help close the remaining funding gap if RCD’s application for State supplemental funding is unsuccessful; and

WHEREAS, the appropriation of $540,000 in HOME funds would increase the total City appropriation for the project to $13,835,000, or about $108,000 per unit, comparable to that provided by the City to other affordable housing projects in the past; and

WHEREAS, on November 20, 2018, the City Council adopted a Mitigated Negative Declaration for a General Plan Amendment, Rezoning and Discretionary Design Review Permit for the development of this project; and

WHEREAS, no further CEQA review is required because none of the circumstances specified in CEQA Guidelines Section 15162 necessitating preparation of subsequent environmental review are present or have occurred and the action is exempt pursuant to

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Attachment: Draft Resolution Bell HOME 540K (4713 : BELL STREET GARDENS AFFORDABLE APARTMENTS)

Resolution 2022-XX Page 2 of 3
(1) CEQA Guidelines Section 15378 (fiscal activities that do not involve commitment to a specific project that will result in any significant physical impact on the environment), and/or (2) Section 15061(b)(2) (the funding decision has no possibility of significant effect on the environment); and

WHEREAS, the project is also has complied with environmental procedures pursuant to National Environmental Policy Act (“NEPA”), as amended, and implementing regulations set forth in 24 CFR Part 58 and consistent with NEPA regulations, the initial Environmental Review process and Authority to Use Grant Funds for federal HOME funds was completed on July 25, 2022.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT, AS FOLLOWS:

1. The above Recitals are true and correct and have served, together with the related Staff Report, incorporated herein by this reference, as the basis for the findings and approvals set forth herein; and

2. The City Council approves the conditional commitment of $540,000 of federal HOME funds and authorizes the City Manager or designee to make the determination that the funding is needed to close a funding gap for the Bell Street Gardens Affordable Apartments; and

3. The City Council authorizes the City Manager or designee to execute loan documents (including without limitation, a loan agreement, a Regulatory Agreement, a promissory note, and a Deed of Trust), as well as all necessary HOME-related implementing documents with Resources for Community Development and Alameda County; and

4. The City Council authorizes the appropriation of $540,000 in HOME funds (Fund 103) to the Bell Street Gardens project.

ADOPTED , 2022, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

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Attachment: Draft Resolution Bell HOME 540K (4713 : BELL STREET GARDENS AFFORDABLE APARTMENTS)

Resolution 2022-XX Page 3 of 3

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution Bell HOME 540K (4713 : BELL STREET GARDENS AFFORDABLE APARTMENTS) Fremont City Council Meeting: 11/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4728) DOC ID: 4728
Updated: 11/8/2022 11:06 AM by Alberto Quintanilla Page 1 2023 PAVEMENT CRACK SEAL PROJECT - Approval of Specifications and Award of Contract to Global Road Sealing, Inc. in the Amount of $228,700 (Including 20% Contingency) for the 2023 Citywide Pavement Crack Seal Project (PWC8195-V1); Make Findings of CEQA Exemption.

Contact Persons:

Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to initiate the construction of a project to seal pavement cracks at various locations citywide, consisting of 34 street segments and totaling 10 miles in length.

BACKGROUND: The City’s Engineering and Street Maintenance divisions jointly monitor the pavement condition of all streets and annually perform two types of pavement treatments:
• Preventive maintenance treatments – Treatments include cape seals, slurry seals, and crack seals, which involve the application of sealant materials over pavements to extend the pavement life at a relatively low cost.
• Rehabilitation treatments – Treatments include pavement overlays and pavement base repairs, which involve the replacement of all or portions of pavements at a relatively high cost.

Sealing cracks is the first step in the City’s pavement preventive maintenance program.

Crack sealing extends the life of asphalt pavement by filling in cracks greater than ¼” in width with a modified asphalt material, which prevents water intrusion into the pavement structure.

DISCUSSION/ANALYSIS: This project will seal pavement cracks along 34 street segments consisting of 10 centerline miles of roadway. The streets included in this crack seal project are also planned to be included in subsequent pavement improvement projects.

Bid Results: Bids were received on October 18, 2022. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $290,000.

Bidder Bid

1. Global Road Sealing, Inc. $ 190,700

2. Pavement Coatings Co. $ 265,880

3. JJ Construction and Design, Inc. $ 278,000

4. Bond Blacktop, Inc. $ 327,700

5. Graham Contractors, Inc. $ 415,660

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Staff Report (ID # 4728) Meeting of November 15, 2022
Updated: 11/8/2022 11:06 AM by Alberto Quintanilla Page 2 The low bidder, Global Road Sealing, Inc., submitted a responsive bid and all documents are in order. The contractor is experienced in this type of work and has satisfactorily completed contracts of similar nature with the City and other public agencies.

Project Costs and Funding:

Estimated Project Costs
Construction Contract – Low Bid $ 190,700
Construction Inspection and Administration $ 30,000
Construction Contract Contingency $ 38,000
TOTAL ESTIMATED PROJECT COSTS $ 258,700

Sources of Funding:

PWC8195-501 General Fund $ 3,100,000
FUNDS AVAILABLE $ 3,100,000

Based on the contract amount and project cost estimates, there are sufficient funds budgeted for this project. The remaining funds for this project are reserved for work in the upcoming cape and slurry seal project.

Traffic Control: Due to the size and scope of this project, City residents and the traveling public will experience some inconvenience during construction. To minimize exposure of vehicles to the pavement work, staff and the contractor will limit access and use of the roadways during construction. Individual traffic lanes and, if necessary, project st reet sections will be closed to traffic briefly in order to perform the pavement work. To mitigate the impact of traffic delays on the public, the contractor is required to prepare traffic control plans. City staff will review and approve all traffic control plans prior to construction and will monitor traffic control work during construction to minimize the impact to the public.

Nearby businesses and residences will also receive notices informing them of the work and any parking restrictions that may be implemented. The contractor will be required to post signs for parking restrictions on project streets no less than 72 hours before the start of work. For locations near schools the contractor will be required to perform the work when school is either not in session or during periods outside of the peak hours when the school pick up or drop off is occurring.

FISCAL IMPACT: This project will be funded through the Pavement Maintenance account (PWC8195) appropriated for this purpose through the Capital Improvement Program process.

ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently exists.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the 2023 Citywide Pavement Crack Seal Project (PWC8195-V1):

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Staff Report (ID # 4728) Meeting of November 15, 2022
Updated: 11/8/2022 11:06 AM by Alberto Quintanilla Page 3

2. Approve the specifications for the project.

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Fremont City Council Meeting: 11/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4719) DOC ID: 4719
Updated: 11/8/2022 11:05 AM by Alberto Quintanilla Page 1 STREET NAME SIGN PROJECT - Approval of Plans and Specifications and Award Construction Contract to Safety Network, Inc. in the Amount of $472,477.64 (including 10% Contingency) for the Citywide Street Name Sign Installation Project (PWC8996); Appropriation Actions; and Make Findings of CEQA Exemption
Contact Persons:

Name: Aleksandr Zabyshny Hans Larsen
Title: Senior Transportation Engineer Public Works Director Div/Dept: Public Works Public Works
Phone: 510-494-4796 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the installation of street name signs on existing traffic signal poles and mast arms to improve wayfinding at signalized intersections and to replace existing signs as needed to conform with national standards for legibility and night-time reflectivity.

BACKGROUND: The City currently owns and maintains approximately 200 traffic signals, most of which were designed and installed prior to the 1990s and did not in clude any street name signs on the traffic signal poles or mast arms. Given that most of the City’s traffic signals are located at major intersections along regional routes of significance or at key access points into various commercial centers and neighborhoods, it is important to provide clear and consistent street name signs at traffic signals to provide wayfinding information for motorists. In addition, new national standards have been adopted that require larger letter sizes and improved reflectivity to support legibility of the signs during the day and night.

DISCUSSION/ANALYSIS: The proposed project will install standard street name signs at existing city operated traffic signals, specifically on traffic signal mast arms (where available) to maximize sign visibility. If signal mast arms are not available, the new street name signs will be installed on existing street light poles or signal poles as appropriate. The project will also remove existing street name signs at various signalized intersect ions as needed to standardize the street name sign installations at traffic signals throughout the city. Newer traffic signals are generally not included in this project as street name signs have been incorporated in recent signal installations.

The construction contract for the project was advertised for bids on September 20, 2022, and bids were publicly opened on October 11, 2022. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $473,600.00.

Bid Results:

Bidder Bid Amount

1. Safety Network $429,524.64*

2. JJ Construction $438,000.00

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Staff Report (ID # 4719) Meeting of November 15, 2022
Updated: 11/8/2022 11:05 AM by Alberto Quintanilla Page 2

3. Bear Electrical Solutions, Inc. $489,434.12*

*Mathematically corrected.

The low bidder, Safety Network, Inc., submitted a responsive bid and all documents are in order. The contractor is experienced in this type of work and has satisfactorily completed contracts of similar nature.

Project Costs and Funding
Estimated Project Costs:

Project Design and Project Management (City Staff) $60,000.00 Construction Contract Cost (Lowest Responsible Bid) $429,524.64 Construction Contract Contingency (10%) $42,953.00
Construction Inspection and Administration (City Staff) $42,953.00 Total Project Construction Costs $575,430.64

Source of Funding:

Currently Budgeted
PWC 8996-136 (State Gas Tax)

$500,000.00
PWC 8677-136 (State Gas Tax) $76,000.00
Total Funding Available $576,000.00

FISCAL IMPACT: Additional funding is required to complete the construction of this project. Staff recommends reallocating $76,000 of Fund 136-HUTA State Gas Tax from the Mowry/State Intersection Improvements Project (PWC8677). Restoration of this project will be considered as part of the upcoming budget process, as well as exploring funding by upcoming grant opportunities. With approval of the recommended reallocation of funds to the project, there will be sufficient funds available for the estimated project cost.

ENVIRONMENTAL REVIEW: This project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently exists.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the Citywide Street Name Sign Upgrade Project (PWC8996):

2. Approve the plans and specifications for the project.

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Staff Report (ID # 4719) Meeting of November 15, 2022
Updated: 11/8/2022 11:05 AM by Alberto Quintanilla Page 3 amount of $472,477.64 and authorize the City Manager or designee to execute the contract.

4. Reallocate $76,000from PWC8677-136 to PWC8996-136.

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Fremont City Council Meeting: 11/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4736) DOC ID: 4736
Updated: 11/8/2022 11:07 AM by Alberto Quintanilla Page 1 I-880/DECOTO ROAD INTERCHANGE MODERNIZATION PROJECT - Authorization to Execute a Professional Services Agreement with Mark Thomas & Company, Inc. in an amount not to exceed $1,980,240 for the Project Approval and Environmental Clearance Phase of the I-880/Decoto Road Interchange Modernization Project (PWC9022); Make Findings of CEQA Exemption Contact Persons:

Name: Eric Hu Hans Larsen
Title: Principal Transportation Engineer Public Works Director Div/Dept: Public Works Public Works
Phone: 510-494-4542 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the Project Approval and Environmental Document (PA/ED) phase of work for the I-880/Decoto Road Interchange Modernization Project. The project will improve multimodal access through the existing I-880/Decoto Road freeway interchange.

BACKGROUND: The I-880/Decoto Road Interchange Modernization Project is one of three projects currently in various stages of development along the Dumbarton/Decoto Road corridor. Other projects are the Decoto Road Complete Street project and the Dumbarton Bridge to Quarry Lakes Trail project. Collectively, the three projects will improve pavement conditions, modernize traffic signals, enhance transit efficiency for the Dumbarton Express Bus, provide a continuous Class I trail facility for cyclists and pedestrians, and improve safety and comfort for all travel modes.

The I-880/Decoto Road Interchange Modernization Project is located primarily within Caltrans right of way and includes the construction of a new multi-purpose trail along the north side of Decoto Road from the Cabrillo Court intersection, through the I-880 interchange (via a series of trail loops and underpasses below the existing on/off ramps), and it will connect to the existing trail on the northwest corner of the interchange near Ardenwood Historic Farm. The existing Decoto Road bridge structure over the I-880 freeway will be widened to accommodate the new path. The project will also co nstruct dedicated bus lanes through the interchange to improve overall transit reliability, reduce transit travel time, and improve access through the I-880 interchange.

The City has recently completed the scoping phase for the project with Caltrans, and the project’s environmental clearance phase is scheduled to begin in Fall 2022, referred by Caltrans as the Project Approval and Environmental Document (PA/ED) phase. The project’s design phase is tentatively scheduled for 2024, with the construction phas e tentatively scheduled for 2025, subject to funding availability. A webpage for the project provides further information (see weblink below).

DISCUSSION/ANALYSIS: In April 2022, the Alameda County Transportation Commission (ACTC) approved the allocation of Measure BB funds for the project PA/ED phase of work, and a funding agreement for the project’s PA/ED phase was executed between the City and

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Staff Report (ID # 4736) Meeting of November 15, 2022
Updated: 11/8/2022 11:07 AM by Alberto Quintanilla Page 2 ACTC in October 2022. The City issued a Request for Proposal (RFP) for the project’s PA/ED phase on September 22, 2022, and in response, Mark Thomas & Company, Inc. and HMH submitted their proposals on October 18, 2022. An evaluation panel comprised of City staff evaluated both proposals based on each firm’s understanding of the project, proposal feasibility, staff qualification, ability to meet the project’s schedule, and ability to meet City agreement and insurance requirements. Mark Thomas & Company, Inc. ultimately ranked highest given their understanding of the project needs and ability to meet the project’s overall schedule.

FISCAL IMPACT: Mark Thomas & Company’s proposal cost is $1,980,240, of which $1,955,240 will be funded by ACTC programmed Measure BB funds. Staff recommends a reallocation of $25,000 in SB 1 funds from the City’s Pavement Rehabilitation Program (PWC8234) to execute the full Consultant contract for PA/ED phase of work. Other local funds already appropriated to the project will fund the City staff time required to administer the project’s PA/ED phase.

ENVIRONMENTAL REVIEW: The recommended actions are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15262 and 15061(b)(3) in that it is not a project which has the potential for causing a significant effect on the environment. As separate and independent basis for CEQA compliance, the appropriate environmental assessment and determination for the overall project implementation will be conducted as part of the PA/ED phase of work.

ATTACHMENTS: None.

WEBLINK: https://www.fremont.gov/government/departments/public-works/public- works-projects

RECOMMENDATIONS:

2. Reallocate $25,000 in SB 1 funds from PWC8234-134 to PWC9022-134.

3. Find the action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15262 and 15061(b)(3).

As a separate and independent basis for CEQA compliance, the appropriate environmental assessment and determination for the overall project implementation will be conducted as part of the PA/ED phase of work.

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Fremont City Council Meeting: 11/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4737) DOC ID: 4737
Updated: 11/9/2022 11:49 AM by Alberto Quintanilla Page 1 WALNUT/LIBERTY INTERSECTION IMPROVEMENTS PROJECT -Approval of Plans and Specifications; Award Contract to Golden Bay Construction, Inc., Inc. in the Amount of $1,659,109.63 (includes 10% Contingency) for the Walnut Avenue and Liberty Street Intersection Improvements Project (PWC9037); Appropriation Actions; and Make Findings of CEQA Exemption Contact Persons:

Name: Edelzar Garcia Hans Larsen
Title: Associate Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4781 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to initiate the construction of a multimodal safety improvement project at the intersection of Walnut Avenue and Liberty Street. This project is in close proximity to the Fremont BART station and is partially funded through a Safe Routes to BART Grant.

BACKGROUND: In 2020, the City of Fremont received a competitive grant through the Safe Routes to BART (SR2B) program to enhance the safety at the intersection of Walnut Avenue and Liberty Street and improve station access for current and potential BART riders.

The Project consists of the construction of protected intersection corners with enlarged, elevated curb returns that minimize vehicular conflict with pedestrians and bicyclists. The work, in general, includes removing the existing pork chop islands and existing right -turn slip lanes and replacing them with raised pedestrian/bicycle corners and green buffered bike lanes, along with improvements to modernize the existing traffic signals and repair deteriorated pavement in the area.

Construction is anticipated to begin in Spring 2023 with completion scheduled for Summer 2023.

DISCUSSION/ANALYSIS: Bids for this project were opened on October 11, 2022. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $1,055,000.

Bidder Bid Amount

1. Golden Bay Construction, Inc. $1,508,281.63

2. Gruendl Inc. DBA Ray’s Electric $1,594,067.10

3. Redgwick Construction Co. $1,594,845.00

4. Kerex Engineering, Inc. $1,615,459.00

5. Sposeto Engineering, Inc. $1,677,589.05

6. Ghilotti Construction Company, Inc. $1,711,046.10

7. FBD Vanguard Construction, Inc. $1,905,824.70

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Staff Report (ID # 4737) Meeting of November 15, 2022
Updated: 11/9/2022 11:49 AM by Alberto Quintanilla Page 2 The low bidder for this project, Golden Bay Construction, Inc., submitted a responsive bid and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has satisfactorily completed contracts of this nature with the City and other nearby local agencies. Pursuant to the requirements of Sections 21080.20 and 21080.25 of the Public Resources Code, staff certifies that the entire project will be completed with a skilled and trained workforce and that contractor Golden Bay Construction, Inc. shall be required to provide sufficient and competent administration, staff, and a skilled and trained workforce necessary to perform and timely complete the work in accordance with the contract documents.

While the project has a higher cost than what was initially estimated by staff, the bid amount appears reasonable based upon the following special conditions: 1) increase costs of current market for construction materials, fuel and trucking, 2) escalating construction costs for traffic signal work, and 3) limited space for contractor to work, store and stage construction materials and equipment in the Downtown area. As a continuous improvement effort, Public Works engineering staff reviews bid results and makes pricing adjustment for future estimating purposes based on “lessons learned.”

Project Costs and Funding:

Estimated Project Costs
Construction Cost (Lowest Responsible Bid) $1,508,281.63 Construction Inspection, Surveying and Administration (15%) 226,242.00 Construction Contingency (10%) 150,828.00
Total Estimated Project Costs $1,885,351.63

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Staff Report (ID # 4737) Meeting of November 15, 2022
Updated: 11/9/2022 11:49 AM by Alberto Quintanilla Page 3

Source of Funding:

Currently Budgeted
PWC9037 – Fund 519 – ACTC Measure B 2012Bike/Peds Funds $ 100,000 PWC9037 – Fund 520 – ACTC Measure BB Bike/Peds Funds 63,487 PWC9037 – Fund 531 – Traffic Impact Fees 250,000
PWC9037 – Fund 571 – Safe Route to BART Grant 915,000

Proposed Additional Funding
PWC7953 – Fund 531 – Traffic Impact Fee $ 200,000.00
PWC8828 – Fund 501 – Capital Projects General Fund 62,320.72 PWC8828 – Fund 531 – Traffic Impact Fee 84,809.68
PWC8959 – Fund 531 – Traffic Impact Fee 64,395.82
PWC8927 – Fund 136 – HUTA State Gas Tax 46,395.69
PWC9033 – Fund 531 – Traffic Impact Fee 98,943.09
Total Estimated Available Funding $1,885,352.00

FISCAL IMPACT: Additional funding is needed to complete the construction of the project.

Staff recommends reallocating $200,000 of Fund 531 funds from the Traffic Improvement Program Various Locations Project (PWC7953), $62,320.72 of Fund 501 and $84,809.68 of Fund 531 from the Nursery Avenue Safety Improvements Project (PWC8828), $64,395.82 of Fund 531-from the Walnut Avenue Bikeway Improvements Project (PWC8959), $46,395.69 of Fund 136 from the Fremont Boulevard Intersection Safety Improvements Project (PWC8927), and $98,943.09 of Fund 531 from the Niles Boulevard and Rancho Arroyo Safe and Complete Streets Improvements Project (PWC9033). Construction for these four projects have been completed, and there is a surplus of funds as noted above in the project appropriation, most of which is being recommended to be reallocated to the Walnut/Liberty Intersection Improvement Project. With the recommended additional reallocation of funds to the project, there will be sufficient funds available for the es timated project cost.

ENVIRONMENTAL REVIEW:

The project is not subject to review under the California Environmental Quality Act (CEQA) under Sections 21080.20 and 21080.25 of the Public Resources Code, as amended, because the project is statutorily exempt as a sustainable transportation project that implements pedestrian and bicycle facilities (i.e., construction of protected intersection corners, elevated curb returns, raised pedestrian/bicycle corners and green buffered bike lanes) and improves pedestrian and bicycle safety and improves station access for current and potential BART riders. The project is located within public right of way and does not add new infrastructure that increases automobile capacity or require demolition of affordable housing. As a separate and independent basis, the project is exempt under CEQA Guideline Section 15301, Class 1(c), 15301 for "Existing Facilities" in that it involves operation, repair, maintenance or minor alteration of existing structures, facilities involving negligible or no expansion of existing or former use. None of the exceptions to the categorical exemptions outlined in CEQA Guidelines section 15300.2 applies to the Project.

ATTACHMENTS: None.

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Staff Report (ID # 4737) Meeting of November 15, 2022
Updated: 11/9/2022 11:49 AM by Alberto Quintanilla Page 4 RECOMMENDATION: Approval of the following actions related to the Walnut Avenue and Liberty Street Intersection Improvements Project (PWC9037):

2. Accept staff’s certification that the project will be completed by a skilled and trained workforce in accordance with statutory requirements and pursuant to the project specifications.

3. Approve the plans and specifications for the project.

5. Reallocate $200,000 from PWC7953-531 and appropriate it to PWC9037-531.

6. Reallocate $62,320.72 from PWC8828-501 and appropriate it to PWC9037-501.

7. Reallocate $84,809.68 from PWC8828-531 and appropriate it to PWC9037-531.

8. Reallocate $64,395.82 from PWC8959-531 and appropriate it to PWC9037-531.

9. Reallocate $46,395.69 from PWC8927-136 and appropriate it to PWC9037-136.

10. Reallocate $98,943.09 from PWC9033-531 and appropriate it to PWC9037-531.

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Fremont City Council Meeting: 11/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4738) DOC ID: 4738
Updated: 11/9/2022 3:38 PM by Alberto Quintanilla Page 1 POLICE OUTDOOR FIRING RANGE - Approval of Lease Amendment with Alameda County Water District for Use of Property Near Patterson Reservoir as Police Outdoor Firing Range; Approval of Plans and Specifications and Award of Contract to McNabb Construction, Inc. in the amount of $441,784 (including 15% Contingency) for the Fremont Police Outdoor Firing Range Renovation Project (PWC8995); Appropriation Actions; and Make Findings of CEQA Exemption Contact Persons:

Name: Ian Champeny Martha Martinez
Title: Real Property Agent Facilities Project Manager
Div/Dept: Public Works Public Works
Phone: 510-494-4759 510-494-4750
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report to facilitate continued use and rehabilitation of the Police Outdoor Firing Range to support the essential training needs of the Fremont Police Department and other law enforcement agencies.

BACKGROUND: The City of Fremont Police Department has used a site south of Coyote Hills Regional Park near the Patterson Reservoir as a firing range since 1969. The site is owned by the Alameda County Water District (ACWD). The Fremont Police Department (FPD) uses the site for marksmanship and tactical training for City’s police force. Other agencies also use the site for training such as Newark Police Department, Union City Police Department and Alameda County District Attorney’s office. The lease was amended in 2010 (First Amendment) to extend use of the site. The current lease Amendment has expired and ACWD has allowed the Police Department to use the range on a month-to-month basis while a Second Amendment was developed. As part of the agreement, the City pays ACWD $1.00 per year. Additionally, the City agrees to set aside sufficient funds to remediate the site from contamination caused by firing range use upon termination of the agreement. The existing shooting range target structure has been riddled with bullets from years of training and a significant section of wooden piers has collapsed.

DISCUSSION/ANALYSIS:

Amended Lease Agreement

The Amendment to the lease agreement allows the City to continue to use the facility for an additional five years (until December 31, 2027) with the ability to extend the agreement. It also provides that either party may terminate the agreement by providing at least one hundred eighty (180) days prior written notice. The lease establishes an agreement and timeline for cleaning up the site of lead and contaminants which have accumulated over the years before the City vacates the property and obligates the City to repair and maintain an access road to the site.

On an annual basis, the City must provide ACWD a certificate signed by the City’s Finance Director stating that the City has maintained available, sufficient funds equaling the total

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Staff Report (ID # 4738) Meeting of November 15, 2022
Updated: 11/9/2022 3:38 PM by Alberto Quintanilla Page 2 cost to remediate the site in the City’s Capital Improvements Fund (Fund 501) and as a separate line item in the City’s budget. The cost to remediate the site must be reevaluated at least once every two years and if the estimated remediation cost increases by at least 10%, the City must increase amounts held in the Capital Improvements Fund for the site cleanup. The current appropriation in the Capital Improvements Fund for site remediation is $583,392. This figure is based on a Supplemental Soil Sampling and Remediation Cost analysis report for hazardous materials cleanup of the site conducted in June of 2021.

The Second Amendment also provides acknowledgement of the City’s Outdoor Firing Range Improvement Project (PWC8995), which will remove the existing wood target structure and replace it.

The Second Amendment contains provisions for temporary suspension of site use by the City should ACWD need to utilize the property to support ACWD projects related to the Patterson Reservoir. This may require up to 180 days of suspended use during the five-year term of the agreement. During such time of suspension, the Police Department will make alternative arrangements for training and certification with the Alameda County Sheriff’s Office.

The Police Department employs a 20-member tactical S.W.A.T. which is required to maintain certification that includes use of Noise Flash Diversionary Devices (NFDDs). The certification requires hand deployment of NFDDs at least two times per year. The Police Department has utilized the site for training and certification for this specific use. The Second Amendment allows use of NFDDs up to eight times a year and requires coordination with the City’s Fire Department during the use of such devices.

Firing Range Improvement Project and Bid Results

A project has been developed to replace the deteriorated target structure at the firing range. The old wood structure will be replaced with a new structure made of wood and steel. The proposed construction contract envisions work to occur in Spring 2023.

The project was advertised in the Tri-City Voice on June 21, 2022. The Engineer’s Estimate is $250,000. Two (2) Bids were received and opened on July 13, 2022, as shown below:

Bidders Bid Amount

1. McNabb Construction, Inc. (DBA – DK Environmental) $384,160

2. All About Building, Inc. $448,995

The low bidder McNabb Construction, Inc., submitted a responsive bid and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has satisfactorily completed contracts of a similar nature with other nearby agencies.

Project Cost and Funding:

Estimated Project Costs:

Construction Contract – Low Bid $ 384,160

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Staff Report (ID # 4738) Meeting of November 15, 2022
Updated: 11/9/2022 3:38 PM by Alberto Quintanilla Page 3

Construction Contingency & Inspection (15%) $ 57,624

Project Contingency/Staff Time (4%) $ 15,366

Estimated Total Project Costs: $ 457,150

Source of Funding
PWC8995 – 501 – Police Outdoor Firing Range Renovation $ 310,000

Unallocated Fund 501 Fund Balance $ 150,000

Total Funds $ 460,000

FISCAL IMPACT: Sufficient funding has been appropriated in the Capital Improvements Fund to meet the remediation requirement under the amended lease. However, additional funding is required to complete the construction of the firing range improvement project.

Staff recommends appropriating $150,000 of unallocated fund balance in the Capital Improvements Fund. With approval of the recommended allocation of funds to the project, there will be sufficient funds available for the estimated project cost.

ENVIRONMENTAL REVIEW: The recommended actions are exempt from CEQA, each as a separate and independent basis, pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and CEQA Guideline Section 15302(b) (Replacement or Reconstruction).

ATTACHMENTS: None.

RECOMMENDATIONS:

2. Approve Plans and Specifications for the Fremont Police Outdoor Firing Range Improvement Project (PWC8995).

4. Allocate $150,000 of unappropriated fund balance in the Capital Improvements Fund to PWC8995-501.

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Fremont City Council Meeting: 11/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Engineering
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4739) DOC ID: 4739
Updated: 11/8/2022 11:09 AM by Alberto Quintanilla Page 1 PARCEL MAP 9281 BOND RELEASE - Approval of Partial Release of Performance Bonds in the Amount of $2,810,000 Posted by APIC THE GLOBE, LLC with the Public and Private Agreements Required for Parcel Map 9281; and Make Findings of CEQA Exemptions
Contact Persons:

Name: Anne Quasarano Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Engineering Public Works
Phone: 510-494-4767 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate partial release of the Faithful Performance Bonds in the total aggregate amount of $2,810,000 reflecting the 89 percent completion of subdivision improvements associated with Parcel Map 9281, commonly known as The Globe, and located in City Council District 5.

BACKGROUND: On February 27, 2007, the City Council approved Planned District P-2006- 0010 for The Globe. On June 25, 2007, the Community Development Department approved Tentative Parcel Map 9281 for The Globe. Final Parcel Map 9281 was approved by the City Engineer on March 13, 2019, and was recorded on June 25, 2019. The developer was required to enter into Public and Private Improvement Agreements for construction of the improvements. In addition, the developer posted Faithful Performance Bonds in the amount of $3,610,000 shown below to guarantee the construction of public and private improvements that included, among other things, the construction of curb, gutter, sidewalk, streetlights, signal modification, landscaping, accessible ramps, utility connections, striping, signage and asphalt concrete pavement for public and private streets.

DISCUSSION/ANALYSIS: The private improvements required to be constructed by the developer have been completed, and some of the public improvements have either been partially completed or reduced in scope because of subsequent City Council approval on March 15, 2022, of the Rezoning and Vesting Tentative Parcel Map 11171 for another developer (Scannell) for a portion of the original Globe development. Accordingly, the City will release the private improvements bond, and staff is recommending that the council approve a partial release of the public improvements bond for Parcel Map 9281. City staff has calculated the cost for the remaining work and has determined that it is now 20 percent or less of the original construction costs which were secured under the performance bond.

Section 17.20.290(e) 1 of the Fremont Municipal Code, under Financial Guarantees, provides, in relevant part, that the “City Council may permit the partial release of the security upon the partial performance of the act or the acceptance of the work as it progresses.” Section 66499.7 of the Subdivision Map Act, under Release of Security, allows for a partial release of the performance bonds provided that the remaining work does not exceed 20 percent of the original bond amount and that performance security is retained or substitute security is provided in an amount not less than 200 percent of the engineer’s cost estimate of the remaining work. As shown on the table below, it is proposed to partially

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Staff Report (ID # 4739) Meeting of November 15, 2022
Updated: 11/8/2022 11:09 AM by Alberto Quintanilla Page 2 release the performance bonds and retain performance security in an amount twice the cost estimate of the remaining work.

The posted bonds and status of subdivision improvements is shown in the Table below:

Agreement
Performance
bond
(100%)
% Work
completed
Description
of work
completed
% Work
remaining
Description of
work
remaining
Cost of
work
remaining
Amount of
bond to be
retained
Amount of
bond
reduction
Improvement
Agreement,
Parcel Map 9281,
Public
Improvements
$2,025,000 80% Curb, gutter,
sidewalk 20%
Signal
modification,
curb ramps,
median
reconstruction,
slurry seal and
signing and
striping.
$ 400,000 $800,000 $ 1, 225,000
Improvement
Agreement,
Parcel Map 9281,
Private
Improvements
$1,585,000 100%
AC
pavement,
curb, gutter,
utilities,
landscape
0% N/A $ 0 $ 0 $ 1,585,000
Total: $ 3,610,000 89% 11% $400,000 $800,000 $ 2, 810,000

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The action is not a project as defined by CEQA and is exempt from CEQA review under Section 15378(b)(2) and (b)(5).

ATTACHMENTS:
• Site Plan (1 sheet) – The Globe

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Attachment: Site Plan (1 sheet) – The Globe (4739 : PARCEL MAP 9281 BOND RELEASE) Fremont City Council Meeting: 11/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Environmental Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4749) DOC ID: 4749
Updated: 11/8/2022 11:10 AM by Alberto Quintanilla Page 1

HOMELESS ENCAMPMENT AND ILLEGAL DUMPING ABATEMENT CONTRACT AMENDMENT - Amend Contract for Homeless Encampment and Illegal Dumping Abatement Services with Art Cuevas Landscaping to Increase the Total Contract Amount from $617,120 to $1,255,120 and Find that the Project is Exempt from Review Under the California Environmental Quality Act (CEQA) per CEQA Guidelines 15304 and 15307.

Contact Persons:

Name: Kathleen Cote-Guarnieri Suzanne Wolf
Title: Environmental Services Manager Community Services Director Div/Dept: Environmental Services Community Services
Phone: 510-494-4583 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: Staff is recommending the City Council authorize the City Manager, or designee, to execute an amendment to the City’s contract with Art Cuevas Landscaping for homeless encampment and illegal dumping abatement services to increase the contract from $617,120 to $1,255,120. This increase is necessary to continue providing the existing level of weekly abatement services through June 30, 2024. The abatements will appropriately manage anticipated waste volumes generated, preserve public health and safety, and enable the City to meet its stormwater permit obligations.

The City’s homeless population growth has increased the need for abatement services. As a result of increasing community demand, in fiscal year 2022/23 encampment abatements were expanded from one to two days every other week to a minimum of two days per week with an enhanced cleanup scheduled at one of the City’s seven largest and continuously populated sites every six to eight weeks. Cleanups are led by the Environmental Services Division and enhanced cleanups typically also include Police Department and Mobile Evaluation Team (MET) intervention, vehicle towing, burned vehicle and illegal structure dismantling, and large quantities of debris removal.

Due to the increased need for services, an additional $638,000 is necessary to continue the existing level of service through the current contract term of June 30, 2024. This increase would be funded through the Integrated Waste Management Fund and there would be no General Fund impact. The approved 2022/23 Integrated Waste Management budget reflected this increased level of activity, so no additional budget appropriation is necessary.

BACKGROUND: Fremont’s storm drain system, like most Bay Area cities and counties, is regulated by a National Pollutant Discharge Elimination System (NPDES) Permit, issued by the San Francisco Regional Water Quality Control Board. This permit, commonly referred to as the Municipal Regional Permit (MRP), imposes requirements intended to reduce impacts to water quality from urban runoff. The MRP includes obligations to implement actions to prevent trash and debris from entering the City’s waterways and meet trash reduction targets specified in the permit. The permit also includes requirements to prevent adverse water quality impacts from illegal dumping and homeless encampments.

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Staff Report (ID # 4749) Meeting of November 15, 2022
Updated: 11/8/2022 11:10 AM by Alberto Quintanilla Page 2 To preserve the public health and safety and comply with obligations the City has under the MRP, City staff monitor approximately 200 previously or currently active homeless encampment sites throughout Fremont. Approximately 25-30% of sites are active at any given time. Staff also monitors sites prone to illegal dumping. These sites are assessed and included in the weekly abatement schedule as needed.

Homeless encampment and illegal dumping abatements were initially conducted one to two days every two weeks but have increased as the City’s homeless population and need for additional abatement services has expanded.

DISCUSSION/ANALYSIS: The City’s homeless population grew approximately 68% from 2019 to 2022 increasing the number of abatement days required to manage the waste volumes generated. In response to community complaints and the assessment of field conditions, abatement was increased from 2 days every other week to 2-3 days per week.

This has increased contract costs, which include total manhours paid at prevailing wage rates, disposal costs for debris removed, and fees for specialized equipment needed for burned vehicle or illegal structure dismantling. The expenditure rate for FY 2022/23 is anticipated to be $31,000 per month. FY 2023/24 will be slightly higher at $32,500 per month due to anticipated prevailing wage adjustments.

Under the current contract terms, the City establishes the scheduling, location and scope of abatement activities. The recommended contract amendment will increase funding to continue the City’s current level of abatement activity through June 30, 2024, but it will not modify the obligations of the parties, which are described below.

The contractor duties and responsibilities would continue to include the following services on a weekly schedule:
• Clean-up duties of trash removal, dismantling of makeshift structures, and removal of inhibiting vegetation.
• Providing labor, materials, tools, equipment, personnel, transportation, and supervision of workers.
• Coordination with City on site-by-site basis to determine work order for each encampment clean-up.
• Removal of debris and self-hauled materials for disposal to the Fremont Recycling and Transfer facility.
• Work to be performed under the Agreement is subject to State prevailing wage and labor law and contractor must be registered with the California Department of Industrial Relations to perform public work under Labor Code section 1725.5.

The City’s responsibilities would continue to include:
• Surveying homeless encampment sites and illegal dumping sites to determine site conditions and schedule site(s) for clean-up.
• Tagging and posting at homeless encampment sites with the “Notice of Cleanup” notice placards that provides a minimum of a 72-hour notice. • Police MET team assistance at some locations during both postings and abatements. • Notifying contractor with clean-up project notifications that include detail and relevant information.
• Photographing posted notices, and before and after the clean-ups.

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Staff Report (ID # 4749) Meeting of November 15, 2022
Updated: 11/8/2022 11:10 AM by Alberto Quintanilla Page 3 • Providing and coordinating any safety requirements for road closures in accordance with OSHA safety regulations on an as-needed basis to safely remove debris at sites. • Inspecting the homeless encampment sites on public property to determine personal property observed and removed, and follow the “Policy on Unattended Property located on Public Property or R-O-W.”

In summary, the amendment will increase the contract amount from $617,120 to $1,255,120 to provide for the continuation of homeless encampment and illegal dumping debris abatement at current levels through June 30, 2024.

FISCAL IMPACT: The increased funding is allocated from the Integrated Waste Management Fund (Fund 115). This ongoing need for abatement services was incorporated into the 2022/23 solid waste collection rates. The FY 2022/23 anticipated contract cost wa s included in the approved Integrated Waste Management budget and will be incorporated into the 2023/24 budget submittal. There is no General Fund impact.

ENVIRONMENTAL REVIEW: The proposed abatement of homeless encampment and illegal dumping waste is exempt from further environmental review under the California Environmental Quality Act (CEQA) Guidelines Section 15304 as the project consists of trash removal with possible minor alterations to land or vegetation that will result in improvement of habitat for fish and wildlife resources and Guideline 15307 as the cleanups will protect the City’s waterways from trash and other discharges in to the waterways and other water resources.

ATTACHMENTS: None.

RECOMMENDATIONS:

2. Find that the project is exempt from review under the California Environmental Q uality Act (CEQA) per CEQA Guidelines Section 15304 (Minor Alterations to Land) and Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources).

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Fremont City Council Meeting: 11/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Public Projects

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4748) DOC ID: 4748
Updated: 11/9/2022 11:50 AM by Alberto Quintanilla Page 1 DEVELOPMENT CENTER FAÇADE REPLACEMENT PROJECT - Reject Bid Received on October 12, 2022 for the Development Center Façade Replacement Project (PWC9016)
Contact Persons:

Name: Jimmy Chen Hans Larsen
Title: Facilities Manager Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4715 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to reject the only bid for the Development Center Façade Replacement Project and to re-bid the project.

BACKGROUND: The Development Center located at 39550 Liberty Street provides offices that support Fremont staff primarily from the Departments of Community Development, Public Works (Transportation and Engineering), and Community Services (Park Planning/Design and Environmental Services). The existing brick veneers on the building exterior have been falling around the perimeter and inside the atrium. A project has been developed to replace the existing veneer and provide a modern façade to the building.

DISCUSSION/ANALYSIS: The construction contract for the project was advertised for bids and bids were opened on October 12, 2022. The Engineer’s Estimate is $400,000.00.

BID RESULTS: Only one bid was received as follows:

Bidder Bid Amount

1. S & H Construction $898,600.00

The one bid received by S & H Construction, Inc. is $498,600.00 over the Engineer’s Estimate. Staff recommends that Council reject the bid received and direct a re-bid of the project.

Proposed Project Schedule with Re-Bid: Construction was anticipated to begin in December 2022. Due to the current bidding climate, there were fewer bidders than anticipated, and the bid came in much higher than expected. Re-bidding the project with a modified scope and reaching out to more contractors should provide more competitive bids.

With a re-bid, it is anticipated that the start of construction will be delayed until May 2023.

FISCAL IMPACT: The approved overall budget for this project is $600,000 which covers the costs for the construction contract, design engineering and construction inspection staff time. The recommended action to reject bids and re-bid the project will have negligible impacts on the project costs.

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Staff Report (ID # 4748) Meeting of November 15, 2022
Updated: 11/9/2022 11:50 AM by Alberto Quintanilla Page 2 ENVIRONMENTAL REVIEW: The proposed project is categorically exempt from the California Environmental Quality Act under Section 15061(b)(3) because there is no potential for a significant impact upon the environment.

ATTACHMENTS: None.

RECOMMENDATION: Reject the one bid received on October 12, 2022, for the Development Center Façade Replacement Project (PWC9016) and direct staff to re-bid the project.

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Fremont City Council Meeting: 11/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4747) DOC ID: 4747 B
Updated: 11/9/2022 3:36 PM by Alberto Quintanilla B Page 1

AUTHORIZE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH EAST BAY REGIONAL PARK DISTRICT FOR 900 ACRES AT MISSION PEAK; Authority the City Manager to execute a lease agreement with East Bay Regional Park District to include 900 acres at Stanford Staging Area and the larger Mission Peak are for the purpose of public park, recreation, and open space and find that no further environmental review is required for the lease pursuant to CEQA Guidelines 15307, 15162, 15163, 15678(b) and 15601(b)(3) Contact Persons:

Name: Kim Beranek Suzanne Wolf
Title: Deputy Director Community Services Director
Div/Dept: Community Services Community Services
Phone: 510-494-4330 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: The City owns approximately 900 of the total 3,023 acres of land on Mission Peak which is zoned as an Open Space Resource Conservation Area (See Exhibit A).

On May 2, 1978, the City entered into 25-year lease agreement with East Bay Regional Park District (EBRPD). In 1993, pursuant to the terms of the 1978 Lease, the City and EBRPD extended the term of the Lease for twenty-seven years until July 7, 2020. Since the expiration of the 1993 agreement, the lease automatically continued under the existing terms on a month-to-month basis. On November 9, 2021, the City Council directed staff to continue negotiations, and staff from both agencies have since collaborated to add specific elements to the renegotiated lease agreement. Staff recommends that the City Council authorize the City Manager to execute a lease agreement with East Bay Regional Park District to include 900 acres at Stanford Staging Area and the larger Mission Peak area for the purpose of public park, recreation, and open space.

BACKGROUND: The City owns approximately 900 acres of land on Mission Peak which is zoned as an Open Space Resource Conservation Area (See Exhibit A). On May 2, 1978, the City entered into 25-year lease agreement with East Bay Regional Park District (EBRPD) to manage and operate the land as a public park, recreation, and open space area. In 1993, pursuant to the terms of the 1978 Lease, the City and EBRPD extended the term of the Lease for twenty-seven years until July 7, 2020.

On May 17, 2016, the City Council created the Mission Peak Permit Parking Program. This Program was originally intended to be a temporary solution and was scheduled to expire on July 7, 2020. On May 19, 2020, the City Council adopted a three-year program extension that will expire on July 7, 2023.

In 2019 staff from both agencies began drafting the lease negotiation process but this was delayed due to the effects of the pandemic on our respective park systems. On December 15, 2020, the City Council directed staff to work towards developing a new long-term lease agreement since the 25-year lease extension expired in July 2020. The lease automatically continues with the existing terms on a month-to-month basis.

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Staff Report (ID # 4747) Meeting of November 15, 2022
Updated: 11/9/2022 3:36 PM by Alberto Quintanilla B Page 2 On November 9, 2021, the City Council rejected the proposed lease agreement and requested the lease be redrafted to address specific Council concerns identified at the Council meeting. The City Council directed staff to continue negotiations with EBRPD to consider further amendments that would shorten the timeframe of the agreement and to further clarify language in the lease agreement.

DISCUSSION/ANALYSIS: The City of Fremont and EBRPD staff have proactively collaborated to better understand the needs and issues facing the Mission Peak neighborhood and the community over the last six years.

Community Input and Analysis

• The City first held a hybrid community meeting on August 9, 2021 with approximately 97 in attendance and 38 speakers at the Teen Center. The City also received 39 written public comments via an online portal. The community comments were evenly distributed between neighborhood concerns about traffic, crime, curfew violations, operational issues, and a desire to limit operating hours versus a desire to maintain existing access and fewer parking restrictions in the established Mission Peak Permit Parking Area. Fremont Police Chief Washington attended and listened to community concerns and was able to address several of the issues related to the Police Department. Specifically, he highlighted his ability to work with the EBRPD police staff on key policing issues. Both Chief Washington and EBRPD Police Chief Ciaburro have discussed that although Fremont Police Department will not be specifically assigned to monitor the Stanford Staging Area, the City will respond if there is an articulated need to send resources to the area to prevent, deter or follow- up on criminal activity or behavior that is deemed to be a public safety concern.

• The City and EBRPD Liaison Committee Meeting was held online on October 14, 2021, with 17 in attendance and 6 speakers. The discussion continued with concerns from the community regarding enforcement of the curfew hours and requests to set the operating hours at Stanford Staging Area similar to other EBRPD properties such as Garin or Pleasanton Ridge. An equal number of speakers wanted to ensure that the Stanford Staging Area remains open and accessible to the public and encouraged the agencies to continue working closely with the Ohlone College to ensure that a low fee for visitor parking continues.

• On November 2, 2021, EBRPD held their board meeting regarding the Lease Agreement. The EBRPD Board unanimously approved the Lease agreement. The community dialogue was reflected both the goal for Mission Peak as a regional recreational asset and the interests of the neighboring community.

• On November 9, 2021, the City Council rejected the proposed lease agreement and requested the lease be redrafted to address specific Council concerns identified at the Council meeting. The City Council directed staff to continue negotiations with EBRPD to consider further amendments that would shorten the timeframe of the agreement and to further clarify language in the lease agreement.

• Since November, , City and EBRPD staff have worked diligently to return with this proposed amended lease agreement and, if adopted by the City Council at tonight’s

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Staff Report (ID # 4747) Meeting of November 15, 2022
Updated: 11/9/2022 3:36 PM by Alberto Quintanilla B Page 3 meeting, it will subsequently be considered at the December 6, 2022, EBRPD Board Meeting.

City Oversight

With the change in Permit Parking (see below) the City is responsible for all areas outside of the park boundaries. This includes:

• Permit Parking Area (streets, times, locations, restrictions) • Neighborhood Crime and Police Response (vehicle break ins, theft, speeding) • Neighborhood Solutions (such as adding garbage cans if trash is a concern) • Creative Solutions with Partners (The City can lead and discuss issues with agencies such as AC transit to determine if bike and bus usage can improve; and Public Works continues its request to Google Maps to change the primary entrance to the Mission Peak Regional Preserve to Ohlone College)
• Emergency Safety Response and Mutual Aid
The City will continue to create solutions with EBRPD. The District is a well -respected expert and national leader in Open Space Management. The City is proud of the seven District Regional Parks in Fremont (Alameda Creek Regional Trail, Ardenwood Historic Farm, Coyote Hills Regional Park, Mission Peak Regional Preserve, Quarry Lakes Regional Recreation Area, Vargas Plateau Regional Park, and Dumbarton Quarry Campground) and will continue its professional and collaborative relationship to discuss and develop solutions together as issues arise.

Permit Parking

The Mission Peak Permit Parking Program was approved by City Council in May of 2016 as temporary solution to address neighborhood concerns regarding traffic and parking. EBRPD assisted the City in paying the administrative implementation costs for the program and provided EBRPD police enforcement support throughout the original agreement term.

On May 19, 2020, the City Council extended the Mission Peak Neighborhood Permit Parking Program for three years. The City’s Police Department has assumed all Mission Peak Permit Parking enforcement efforts and has hired two (2) Parking Compliance Officers and one (1) Community Service Officer to oversee the Parking Compliance Unit to enforce parking issues across the City. Due to the success of the permit parking program, the Police Department plans to recommend a continuation of the program at a future City Council meeting.

On July 20, 2021, the City Council adopted a resolution amending the civil penalties schedule to increase the fines for violating permit parking during restricted hours to $82.

This is consistent with all other municipal code parking violation fees within the Ci ty of Fremont.

The permit parking program has helped alleviate some of the issues and concerns of the neighborhood while still maintaining reasonable access. Residents and visitors to the area may freely park in the approximate 200-space staging area and non-restricted neighborhood spaces as well as utilize the 900-space parking lot controlled by Ohlone

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Staff Report (ID # 4747) Meeting of November 15, 2022
Updated: 11/9/2022 3:36 PM by Alberto Quintanilla B Page 4 Community College to access the Mission Peak Regional Preserve. Staff believes the program has been successful and continues to balance access with safety for our residents.

EBRPD Operations and Maintenance

As outlined in the lease agreement the City does not have operational or maintenance responsibility of the leased area. EBRPD has the oversight of operations and maintenance at all its leased properties and are renowned regional open space experts. As stated in the lease, any issues on the leased property are the responsibility of EBRPD. EBRPD management has stated that this practice is consistent with their other existing leases.

Examples of operational and maintenance oversight includes the following:

• On-Site Facility Maintenance: daily janitorial maintenance (trash, restrooms), trail maintenance including grading & drainage, facility maintenance & repairs (restrooms, fences, tables, benches, signs, gates, water fountains);

• Operations and Patrol: Hours of Operation and curfew hours, daily opening and closing of sites, Park Ranger and Police Patrols; and

• Natural Resources and Fuels Management: primarily grazing for fuels reduction and weed management, some limited management of non-native plant species.

Proposed Lease Agreement

The roles and responsibilities of each organization are included in the lease agreement.

Clarifying roles and responsibilities was an important component in delivering the final proposed lease agreement. The proposed lease agreement includes the following updates:

1. Agreed upon police and road closure language if the City exercises its police powers and closes street for more than 24 hours, then the City shall temporarily assume the operational responsibilities for the Stanford Staging Area until the conclusion of the street closure. Street closures that trigger the change in responsibilities do not include street closures for criminal investigation or fire suppression.

2. Specified hours as listed in the agreement will be posted at the entrance to the Stanford Staging Area.

3. If any changes are proposed to the current hours of operation at the Stanford Avenue Staging Area and adjacent portions of the Mission Peak Regional Preserve, EBRPD will notify City of proposed changes in writing 30 days before adoption of the new hours. Upon receipt of written notice of proposed change, City may choose to hold a community meeting at a designated location within the City, as agreed upon by City Manager and EBRPD General Manager, or their designees. In addition to any community meeting held within the City, for any proposed changes to the current hours of operation, EBRPD will include the change of hours on a regularly scheduled public meeting of the EBRPD.

4. Shortened term of lease agreement to twenty years, with an option for a twenty- year extension.

5. Agreed to a side letter that EBRPD would not build the larger 300 parking lot as allowed in the EIR to be pursued during the term of the Lease Agreement.

6. Added a cooperation paragraph in the agreement.

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7. Added review approval and denial process in writing for Capital Improvement Program with a longer timeframe (60 days without permits and 120 days with permits).

8. Added that City may select to host a community meeting before determining whether to proceed or not with a capital project that requires a permit.

9. Updated Indemnity Language.

10. Updated Non-Discrimination language.

11. Updated Grazing Management terms.

12. Added language on EBRPD exclusive operational control and authority.

13. Updated insurance language.

14. Agreed that the leased area is to be maintained and operated in a similar nature to all the other regional parks operated by EBRPD.

15. Agreed that Ohlone College Parking will be promoted as the primary entrance to the Mission Peak Preserve in Fremont (included in marketing materials).

FISCAL IMPACT: The funding for the operations and maintenance of the Mission Peak Lease is paid by the Fremont residents as part of their County Tax Assessment to EBRPD.

The City does not receive any portion of this allocation for operations and maintenance, and if the lease agreement did not exist, a General Fund allocation would be required to cover the operation and maintenance of this 900-acre site. Alternatively, if the General Fund allocation were unavailable, the City would need to consider a closure or partial closure of this site, which would be nearly impossible to enforce with limited resources. If not adopted, it is anticipated that the City would either 1) continue with month to month lease terms or 2) begin to operate and manage the 900 acre property, which has significant cost considerations for the City of Fremont and the General Fund implications.

ENVIRONMENTAL REVIEW: The continuation of a lease agreement with EBRPD for 900 acres at Mission Peak would be exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15307, as an action taken by a regulato ry agency for the protection of the environment, specifically, for the maintenance, restoration, or enhancement of a natural resource, specifically, for the protection of open space resources; (2) the continuation of Mission Peak as a park by EBRPD are part of the project analyzed in the General Plan EIR (SCH#2010082060) and none of the circumstances necessitating preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163 are present; and (3) CEQA Guidelines Sections 15378(b) and 15601(b)(3) as the lease continuation of an existing park is an administrative activity that will not result in an effect on the physical environment and any possible future development of the park will be developed later with the appropriate environmental review. There are no previously identified significant effects which are substantially more severe than analyzed in the prior EIR or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis.

ATTACHMENTS: None.

ATTACHMENTS:
• Proposed Amended Mission Peak Lease
• Exhibit A: Mission Peak Land

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Updated: 11/9/2022 3:36 PM by Alberto Quintanilla B Page 6

RECOMMENDATION:

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LEASE AGREEMENT OF CITY OF FREMONT PROPERTY

MISSION PEAK REGIONAL PRESERVE

THIS LEASE Agreement (“Lease”), made and entered into as of ____________________________ by and between the City of Fremont, an incorporated California municipality, hereinafter called “City,” and the East Bay Regional Park District, a California Special District, hereinafter called "Park District."

W I T N E S S E T H:

WHEREAS, pursuant to the provisions of Section 37396 of the Government Code of the State of California, City may lease property owned by it for park and recreation purposes; and

WHEREAS, Park District has the authority to enter into leases of real property for park and recreation purposes pursuant to California Public Resources Code Section 5540; and

WHEREAS, City owns certain unimproved real property adjacent to Park District's Mis- sion Peak Regional Preserve, in the County of Alameda, comprising 900 acres, more or less, as described in Exhibit “A” (the “Property”) attached hereto and made a part hereof; and

WHEREAS, in 1978, City and Park District first entered into this Lease to provide for public park, recreation, and open space uses of said area with an initial term of 25 years (“1978 Lease”); and

WHEREAS, in 1993, pursuant to the terms of the 1978 Lease, City and Park District extended the term of the Lease until July 7, 2020; and

WHEREAS, pending negotiation over the renewal of the 1978 Lease, the City and Park District have held the 1978 Lease in a month-to-month holdover status; and

WHEREAS, City and Park District desire to enter into this Lease to extend the term of and continue to provide for public park, recreation, and open space uses of said area; and

WHEREAS, City desires to continue to have Park District administer a grazing and open space management/park operation program on the Property and Park District is willing to accept that responsibility based on the terms of this Agreement; and

WHEREAS, through this Lease, City and Park District also acknowledge the mutual goal of supporting the use of Ohlone College as a primary staging area to access Mission Peak.

NOW, THEREFORE, it is mutually agreed that for and in consideration of mutual benefits to both parties (and without charge for rental, other than as specified in paragraph 4 below), City hereby leases the Property to Park District for the exclusive purpose of maintaining, controlling, improving, and operating a public park, recreation, and open space facility, including a program of grazing management, as a portion of Park District's Mission Peak Regional Preserve. Park District and City accept such lease on the following terms and conditions:

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1. PROPERTY RIGHTS. Subject to the terms of this Lease, the Park District shall have exclusive control over the Property and the sole authority to operate and manage the Property.

This Lease is non-assignable and non-transferable, as a whole or in any part thereof, without prior written consent of City, which consent shall not be unreasonably withheld, provided this Lease shall be assignable to any successor public agency to Park District. Park District hereby acknowledges the title of City in and to said real property described herein and agrees never to assail or to resist said title.

2. TERM.

a. The term hereof shall commence upon execution by both City and Park District.

During the term of this Lease, Park District will administer an open space management program of the lands described in Exhibit "A" and provide for public park use of those lands.

b. Unless terminated as provided in Paragraph 13 below, the term of this Lease shall expire on July 1, 2042. By mutual consent, the term of this Lease can be extended for an additional twenty (20) year term.

3. MAINTENANCE. Park District shall maintain the Property in at least as clean and presentable a condition as received, free from waste. Park District shall maintain the Property at the same level as it provides to other parks within its jurisdiction. If Park District fails so to maintain the Property at the same level as it provides to other parks within its jurisdiction, then City shall give Park District specific notice of such violation and Park District shall have thirty (30) days to undertake corrective measures. If Park District shall fail to take such action within such period of thirty (30) days, then City may perform the necessary work at the expense of Park District, which Park District agrees to pay City upon demand.

4. GRAZING MANAGEMENT. City hereby grants to Park District the right to let grazing licenses or leases on the Property during the term of this Lease on terms substantially similar to those found in the Park District’s form grazing license, a current draft of which is attached hereto as Exhibit "B." In the event that the Park District substantially revises the form grazing license, Park District will provide City with a revised version of the form grazing license.

5. IMPROVEMENTS; PRIOR APPROVAL.

a. The existing Stanford Avenue Staging Area shall continue to have direct access from Stanford Avenue. The Park District may elect to make additional capital improvements to the existing Stanford Avenue Staging Area, but will have no obligation to do so during the term of this Lease. For any capital improvements that the Park District elects to undertake on the Property that do not require a permit issued by the City, the Park District shall present plans to City for its review and written approval prior to the commencement of any such work. Approval of improvements that do not require a permit issued by the City shall not be unreasonably withheld. City agrees to notify Park District in writing within sixty (60) days after delivery of any such request for approval whether City approves or disapproves and, if the latter, the reasons therefor. Should City not so notify Park District within sixty (60) days, it shall be conclusively

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deemed that City has approved such request for improvements that do not require a permit issued by the City and Park District may proceed with the capital improvements. If the City sends written disapproval of any improvements, the Park District shall not proceed with the improvements. Upon termination of this Lease, all improvements to the Property shall be considered City Property.

b. For any capital improvements that the Park District elects to undertake on the Property that require a permit issued by the City, the Park District shall present plans to City for its review and written approval prior to the commencement of any such work. Approval of improvements that require a permit issued by the City shall not be unreasonably withheld. City agrees to notify Park District in writing within one hundred twenty (120) days after delivery of any such request for approval whether City approves or disapproves and, if the latter, the reasons therefor. Should City not so notify Park District within one hundred twenty (120) days, it shall be conclusively deemed that City has approved such request for improvements and the Park District may proceed with the capital improvements. If the City sends written disapproval of any improvements, the Park District shall not proceed with the improvements. During the one hundred twenty (120) days, City and Park District may choose to hold a community meeting at a designated location within the City, as agreed upon by City Manager and Park District General Manager, or their designees. Upon termination of this Lease, all improvements to the Property shall be considered City Property.

c. Routine maintenance of the Stanford Staging Area, trails, fire roads and fences within the Property shall be the responsibility of Park District. Such maintenance work will not require prior notification to, or approval by City.

d. Park District agrees not to construct or operate facilities or permit uses on the Property which are incompatible with a regional park and open space facility.

6. FENCES AND BARRIERS. Park District shall be responsible for constructing fences and vehicular barriers designed to prevent unauthorized motor vehicles from entering the Property.

7. INDEMNITY. Park District shall indemnify, hold harmless, and defend the City (including its elected officials, officers, agents and employees) from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorney’s fees) resulting or arising directly or indirectly by the Park District 's use and operation of the Property, or any negligent act or omission of any contractor, agent, or employee or other person under the control of the Park District, except for claims arising out of the sole negligence or willful misconduct of the City or its employees or agents.

8. INSURANCE. Throughout the term of this Lease, Park District, at its expense, shall maintain:

a. Employer's Liability Insurance. Workers' Compensation Insurance and Employer's Liability Insurance as required by the laws of California.

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b. Public Liability Insurance. Such Public Liability Insurance as shall protect City from claims usually insured against under the terms of such insurance which may arise in connection with this Lease. Said liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all operations under this Lease, use of owned or non-owned automobiles, products and completed operations. Said policy or policies shall name City as an additional insured and shall cover as primary insurance and shall be endorsed to provide that City will be notified at least thirty (30) days prior to any proposed cancellation or change in any of said policies.

The amounts of insurance so provided by Park District shall not be less than the following:

Single Limit Coverage Applying to Bodily and Personal Injury Liability and Property Damage or a combination - $3,000,000.00

c. Certificates of Insurance. Certificates showing such public liability insurance shall be furnished to City. Subject to subparagraph d below, all such insurance shall be maintained in full force and effect by Park District throughout the entire term of this Lease and any renewal or extension thereof.

d. Self-Insurance. Park District has the right and option to self-insure, in whole or in part, at any time, against public liability claims in lieu of providing the public liability insurance specified herein by written notice to City that Park District assumes such obligation in the place and stead of any insurance carrier.

9. PUBLIC SAFETY.

a. Park District shall be responsible for whatever mowing, discing, vegetation removal, and fire road construction, etc. which may be reasonably required on the Property for fire prevention purposes. Park District shall provide fire protection services to the Property at the same level as it provides to other park areas within its jurisdiction.

b. Park District shall provide police, ranger, or other sworn peace officer patrol of the leased area to keep peace and prevent unauthorized uses thereof at the same level that it provides to other park areas within its jurisdiction.

c. City shall devote the same degree of public safety patrol and attention to the leased area as is provided to other public areas within the jurisdiction of City. In this regard, the public safety departments of City and Park District shall operate a close liaison to coordinate their activities on the leased Property.

10. HOURS OF OPERATION.

a. The Property shall normally be open to public use during those hours that the Stanford Avenue Staging Area and adjacent portions of Mission Peak Regional Preserve is open

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to the public. The current hours of the Stanford Avenue Staging Area and adjacent portions of the Mission Peak Regional Preserve are as follows:

December 23 - March 31 6:30am – 8:00 pm
April 1 – December 22 6:30am – 9:00 pm

If any changes are proposed to change the current hours of the operation at the Stanford Avenue Staging Area and adjacent portions of the Mission Peak Regional Preserve, Park District will notify City of proposed changes in writing at least 30 days before adoption of the new hours.

Upon receipt of written notice of proposed change, City may choose to hold a community meeting at a designated location within the City, as agreed upon by City Manager and Park District General Manager, or their designees. In addition to any community meeting held within the City, for any proposed changes to the hours of operation, the Park District will include the change of hours on a regularly scheduled public meeting of the District. Park District shall install and maintain a sign prominently located at the entrance to the Standard Avenue Staging Area listing the current hours of operation of the Stanford Avenue Staging Area and adjacent portions of the Mission Peak Regional Preserve, as established by this Section 10.

11. CITY REGULATORY ACTION. In the event that the City exercises its police powers and closes Stanford Avenue east of Vineyard Avenue (“City Regulatory Action”) for more than 24 consecutive hours, the City shall temporarily assume the responsibilities set forth in this Lease for the Stanford Avenue Staging Area only until conclusion of the City Regulatory Action.

For purpose of this section, City Regulatory Actions shall not include a closure due to a criminal investigation performed by the Fremont Police Department or fire suppression activities performed by the Fremont Fire Department. The City shall notify the Park District in writing when the City Regulatory Action is to cease and the date that the Park District operational obligations for the Stanford Avenue Staging Area are to resume, provided that it is no sooner than 24 hours from the date of the City’s notice of City Regulatory Action termination.

12. PRIOR TITLE RIGHTS. All rights herein given to Park District are subject to all existing rights, rights of way, reservations, restrictions, liens, and easements by whomsoever held in and to said real property.

13. SIGNS AND MARKETING. Park District shall install and maintain: 1) signs acknowledging the cooperation of City in providing the Property for public park, recreation, and open space uses; 2) appropriate informational and directional signs including signs to Ohlone College as a primary access to Mission Peak Regional Preserve; 3) appropriate signs designating permitted trail uses by the general public, regulations governing such uses, and specifically prohibiting operation of unauthorized motor vehicles; and 4) all marketing, website, social media, maps, and other documented materials shall describe Ohlone College as the primary access to Mission Peak Regional Preserve.

14. COOPERATION. Park District and City will work together to resolve issues in and around the Property in a timely and cooperative manner. The parties shall continue utilize the liaison committee or similar public meeting as needed to discuss issues regarding the Property.

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Further, City shall support and work cooperatively with the Park District to promote Ohlone College entrance as the primary entrance to the Mission Peak Regional Preserve.

15. TERMINATION OF LEASE. This Lease may be terminated:

a. Upon the expiration of the term;

b. Upon a material breach of any of the provisions hereof if, after written notice specifying the nature of the breach, Park has not undertaken positive action to correct such breach within ninety (90) days; or

c. At any time upon thirty (30) days written notice by either of the parties.

16. NOTICE. All notices pursuant to this Agreement shall be addressed as set forth below or as either party may subsequently designate by written notice and shall be sent through the United States mail with postage prepaid, Certified, with return receipt requested.

To: City of Fremont To: East Bay Regional Park District City Manager Attention: General Manager
3300 Capitol Ave P.O. Box 5381
Fremont, CA 94538 2950 Peralta Oaks Court
Oakland, CA 94605-0381

17. NON-DISCRIMINATION: FAIR EMPLOYMENT PRACTICES. Park District and its employees shall not discriminate against any person because of race, color, religious creed, sexual orientations, gender, marital status, physical or mental disability, medical condition, national origin or other legally protected status. Park District will take affirmative action to ensure that applicants and employees are treated during hiring process and employment without regard to their race, color, religion, sex, marital status, physical or mental handicap, or national origin. Such action shall include, but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; designated representatives. In addition, Park District shall not exclude from participation in, deny the benefits of, or subject to discrimination under this Agreement any employee or applicant for employment on the basis of age the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973; or religion except that any exemption for such prohibition against discrimination of the basis of religion as provided in the Civil Rights Act of 1964, or Title VIII of April 11, 1968, as amended shall also apply.

18. AMENDMENTS AND WRITTEN MODIFICATION. This Lease may be amended or modified at any time with the mutual consent of the City Council of the City of Fremont and the Board of Directors of the East Bay Regional Park District.

19. COUNTERPARTS. This Agreement may be signed in counterparts, each of which shall be deemed to be an original. The Parties agree that the digital signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Any digital signature shall have the same legal validity and enforceability

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as a manually executed signature or use of a paper-based record keeping system to the fullest extent permitted by applicable law.

20. ENTIRE AGREEMENT. This Lease, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. This Lease supersedes all prior negotiations, agreements, and understandings regarding the lease of the Property, whether written or oral.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove appearing.

[INSERT SIGNATURE BLOCK]

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Attachment: Proposed Amended Mission Peak Lease (4747 : Authorize the City Manager to execute a lease agreement with East Bay Regional M
ission Blvd
Lynx Dr
Hunter Ln
Stanford Ave
Antelope Dr
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eibel Dr
Grapevine Ter
Paseo Padre Pkwy
Sundance Dr
Rutherford Ter
Cougar Dr Cougar Cir
Sentinel Dr
Boar Cir
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Raindance Rd
Vineyard Ave
Vinehill CirVinehill Ter
Muscat Ct
Kootenai Dr
Vista Del Sol
Elk Ct
Felipe Cmn
Montclaire Dr
Buck Ct
Saguare Ct
Owhanee Ct
Boar Ter
Bear Ct
View Point Cir
Klamath St
Owl Pl
Lower Vintners Cir
Rabbit Ct
Traminer Ct
Brunswick Pl
Racoon Ct
Lynx Ct
Napa Ct
Aguila Ter
Bodega Ct
Rutherford Ln
Geyser Ct
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Chavel Ct
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Beaver Ct
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Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community
City of Fremont GIS Division
Information Technology Services
3300 Capitol Avenue, Building B
Fremont, California 94538 O
Alameda County
City of Femont
Stanford Avenue Staging Area
City Property to be Leased to Park District

EXHIBIT A
1:9900

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Attachment: Exhibit A: Mission Peak Land (4747 : Authorize the City Manager to execute a lease agreement with East Bay Regional Park Fremont City Council Meeting: 11/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4751) DOC ID: 4751
Updated: 11/9/2022 11:52 AM by Alberto Quintanilla Page 1 COUNCILMEMBER JONES REFERRAL: Honorary Driveway at Police Department Contact Persons:

Name: Rick Jones
Title: Councilmember
Div/Dept: City Council
Phone: 510-284-4083
E-Mail: [email protected]

COUNCILMEMBER JONES REFERRAL: Honorary Driveway at Police Department

This action requests that the City Council direct staff to take the necessary actions to place a commemorative sign honoring Chief Steckler near the east driveway of Fremont’s Police Department facility. Retired Police Chief Craig Steckler joined the Fremont Police Department in 1986 as Deputy Chief. He was appointed Police Chief in 1992 and served in that role through 2012. Over his tenure, he made significant contributions to the Fremont Police Department and the Fremont community.

The driveway where the sign would be located leads to the Police Department, Detention Center, Animal Shelter, and Central Park Dog Park. All of those facilities were approved and constructed during Chief Steckler’s tenure and he was instrumental in their success. The honorary sign will commemorate his contributions.

Staff have preliminarily reviewed the concept of this ceremonial sign for the driveway east of the Police Department and, because the sign is not an official or functional road name, staff have determined that it can be implemented without impacting navigability of roadways or use by public safety. Given the required staff time, cost, and in the absence of impact on roadway users, this request appears to meet the very specific circumstances necessary to be considered.

ATTACHMENTS:
• Map demonstrating location of the sign

RECOMMENDATIONS:

1. Direct staff to complete the technical and production work required to create and install a sign near the east driveway of the Police Department honoring retired Police Chief Craig Steckler.

2. Direct staff to developed guidelines delineating where and under what circumstances honorary/commemorative signs of this type will be allowed in the future.

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Stevenson Blvd
Civic Center Dr
Red Hawk Cir
Albany Cmn
Paseo Padre Pkwy
Guardino Dr
Kearney St
Barrymore Cmn
Albany Cmn
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Attachment: Map demonstrating location of the sign (4751 : COUNCILMEMBER JONES REFERRAL:

Fremont City CouncilNovember 15, 2022

Fremont City Council
November 15, 2022