Fremont City Council
July 11, 2023

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Teresa Cox, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5

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
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Suzanne Shenfil, Human Services Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Suzanne Wolf, Community Services Director
Fremont City Council Agenda and
Report
July 11, 2023

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 view the meeting on television and/or online or
attend in-person in the Council Chamber. The lobby
doors open approximately 15 minutes prior to the
start of the meeting. The public is strongly
encouraged but not required to wear masks.

Submission of Public Comments: For those wishing
to make public comments at the July 11, 2023
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 - July 11, 2023

July 11, 2023 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) Attend meeting in-person in the Council Chamber, fill out a Speaker Card, and submit to the City Clerk. 2) By phone 833-430-0037 (toll free). Webinar ID: 842 4034 5185. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/84240345185
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.

July 11, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
July 11, 2023
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.

C. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF

FREMONT TO REPEAL AND REPLACE FREMONT MUNICIPAL CODE (FMC) SECTION 18.190.005 (ACCESSORY DWELLING UNITS) TO COMPLY WITH

NEW STATE LAW AS WELL AS CARRY OUT PROGRAM IMPLEMENTATION FROM THE CITY’S 2023-2031 HOUSING ELEMENT AND AMEND OTHER, RELATED SECTIONS OF FMC TITLES 9 (PUBLIC PEACE, MORALS AND WELFARE) AND 18 (PLANNING AND ZONING) FOR INTERNAL
CONSISTENCY; AND MAKING FINDINGS OF CEQA EXEMPTION
(PLN2022-00218).

RECOMMENDATION: Adopt ordinance approving amendments to FMC Title 9 (Public Peace, Morals and Welfare) and Title 18 (Planning and Zoning).

July 11, 2023 Fremont City Council Page 4
D. ALAMEDA COUNTY BEHAVIORAL HEALTH CARE SERVICES MASTER CONTRACT - Authorization to Execute a Contract Renewal with Alameda County Behavioral Health for Adolescent Substance Use Disorder Services Provided by the Human Services Department’s Youth and Family Services Division for FY 2023/24 and Making FIndings of CEQA Exemption
Contact Persons:

Name: Annie Bailey Suzanne Shenfil
Title: Youth and Family Services
Administrator
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2051
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or designee, to execute a FY 2023/24 master contract with Alameda County Behavioral Health for the delivery of adolescent substance use disorder intervention and treatment services, for the period of July 1, 2023 through June 30, 2024 in an amount not to exceed $516,881.

E. PURCHASE OF FLEET VEHICLES - Approval of Purchase Orders through Cooperative Agreements with The Ford Store San Leandro for the Purchase of Ford Fleet Vehicles in an Amount Not to Exceed $2,000,000 and with National Auto Fleet Group for the Purchase of Various Make Vehicles in an Amount Not to Exceed $900,000. Exempt from CEQA Review per Guideline 15061
Contact Persons:

Name: Mark Collins Hans Larsen
Title: Fleet Maintenance Manager Public Works Director
Dept: Maintenance Public Works
Phone: 510-979-5739 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute a purchase order with The Ford Store San Leandro for the purchase of Ford vehicles in an amount not to exceed $2,000,000.

2. Authorize the City Manager or designee to execute a purchase order with National Auto Fleet Group for the purchase of various make vehicles in an amount not to exceed $900,000.

3. Find the proposed purchase is not a project as defined by Public Resources Code Section 21065 and of the California Environmental Quality Act (CEQA), and, alternatively, the action is exempt from CEQA under Section 15061 (b) (3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, and Section 15378 (b), as an organizational, administrative, policy and fiscal activity that will not result in direct or indirect physical change in the environment.

July 11, 2023 Fremont City Council Page 5
F. TRAFFIC SAFETY EDUCATION SERVICES - Approval of Service Agreement with Safe Moves, Inc. in an amount not to exceed $181,600 for School- Based Traffic Safety Education Services
Contact Persons:

Name: Rene Dalton Hans Larsen
Title: Associate Transportation
Engineer
Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4535 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or designee to execute a Service Agreement with Safe Moves for School-Based Traffic Safety Education Services in an amount not to exceed $181,600.

G. PROPERTY TAX CONSULTING SERVICES – Authorization to Execute Agreement for Property Tax Consulting Services with HdL Coren & Cone in an Amount Not to Exceed $350,000 for a Five-Year Term Contact Persons:

Name: David Persselin
Title: Finance Director
Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]

RECOMMENDATIONS:

1. Award the property tax consulting services agreement to HdL Coren & Cone.

2. Authorize the City Manager or her designee to execute an agreement with HdL Coren & Cone to provide property tax consulting services through June 30, 2028, at a total amount not to exceed $350,000 for the five- year term.

H. MENTAL HEALTH SERVICES AGREEMENTS - Authorization to Contract with Alameda County Behavioral Health and La Familia to provide Mental Health Services; and Appropriate Additional Funds and Making Findings of CEQA Exemption
Contact Persons:

Name: Arquimides Caldera Suzanne Shenfil
Title: Deputy Director of Human
Services
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2056 510-574-2051
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute two FY 2023/24 agreements totaling $3,120,991 including:
a. an agreement with Alameda County Behavioral Health (ACBH), in the amount of $2,853,103; and
b. an agreement with LaFamilia, in the amount of $267,888

2. Appropriate an additional $221,0575 in the ACBH Aging and Family Services Fund (Fund 104), an additional $106,508 in the ACBH Youth and Family Services Fund (Fund 170), an addition $88,350 in the FRC Facilities July 11, 2023 Fremont City Council Page 6
Coordination Fund (Fund 108), and an additional $35,660 in the ACBH FRC Behavioral Health Fund (Fund 172).

I. ACTIVE TRANSPORTATION PLAN - Approve a Professional Services Agreement with Fehr & Peers in an Amount Not to Exceed $437,159 (Including 10% Contingency) to Develop the City’s Active Transportation Plan; Appropriate Funds; and Make Findings of CEQA Exemption Contact Persons:

Name: Lilian Ayala Hans Larsen
Title: Senior Transportation
Engineer
Public Works Director
Dept: Public Works Public Works
Phone: (510) 494-4766 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Find the proposed action is not a project as defined by Pub. Res. Code Section 21065, and is exempt from CEQA review per CEQA Guidelines Section 15378(b)(2) (administrative activity); CEQA Guidelines Section 15378(b)(4) (fiscal activity); and CEQA Guidelines Section 15061(b)(3) (no significant effect on the environment).

2. Authorize the City Manager or designee to execute a Professional Service Agreement with Fehr & Peers for the development of the Active Transportation Plan in an amount not to exceed $437,159.

3. Reallocate $200,000 from PWC9041-515 to PWC9049-515.

4. Reallocate $100,000 from PWC8933-531 to PWC9049-531.

J. EMERGENCY FIRE DISPATCH SERVICES – Consideration and Approval of a Five-Year Agreement between the City of Fremont and the Alameda County Fire Department for Fire Dispatch Services through the Regional Emergency Communications Center
Contact Persons:

Name: Zoraida Diaz Heather Mozdean
Title: Fire Chief Deputy Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4281
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Find the proposed action is not a project as defined by Pub. Res. Code Section 21065, and is exempt from CEQA review per CEQA Guidelines Section 15378, as an organizational, administrative, policy, and fiscal activity that will not result in direct or indirect physical changes in the environment.

2. Authorize the City Manager or designee to execute a five-year agreement between the City of Fremont and the Alameda County Fire Department for fire dispatch services including any necessary implementing documents.

July 11, 2023 Fremont City Council Page 7
K. FOURTH AMENDMENT FOR ON-CALL TREE TRIMMING, MAINTENANCE & GENERAL GROUNDWORK & DEBRIS MAINTENANCE SERVICES - Authorize the City Manager or her Designee to Execute the Fourth Amendment On- Call Tree Trimming, Maintenance and General Groundwork and Debris Removal Agreement with West Coast Arborists to Increase Contract Compensation to Support City Street Sweeping Operations Contact Persons:

Name: Andrew Freeman Suzanne Wolf
Title: Business Manager Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or designee to execute the fourth amendment to the on-call tree trimming, maintenance and general groundwork and debris removal service agreements with West Coast Arborists in a total amount not to exceed $1,508,850.

L. VEHICLE REPAIR AND BUILD-UP SERVICES - Approval of Service Agreements with Classic Graphics for Vehicle Repairs in an Amount Up to $800,000 for a Four-Year Period and with Stommel Inc., DBA Lehr, for Build-up Services in an Amount Up to $1,200,000 for a Four-Year Period.

Make Finding of CEQA Exemption.

Contact Persons:

Name: Mark Collins Hans Larsen
Title: Fleet Maintenance Manager Public Works Director
Dept: Maintenance Public Works
Phone: 510-979-5739 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute a Service Agreement with Classic Graphics for Automotive Body Repair and Fabrications Services in an annual amount of up to $200,000, and up to $800,000 for a four-year period ending on June 30, 2027.

2. Authorize the City Manager or designee to execute a Service Agreement with Stommel Inc., DBA Lehr, for Emergency Lighting and Other Equipment Installations, in an annual amount of up to $300,000 and up to $1,200,000 for a four-year period ending on June 30, 2027.

3. Find the proposed purchase is not a project as defined by Section 15378 (b) of the California Environmental Quality Act (CEQA), and, alternatively, the action is exempt from CEQA under Section 15061 (b) (3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.

July 11, 2023 Fremont City Council Page 8
M. ALAMEDA COUNTY CONTRACT TO SUPPORT YOUTH AND FAMILY
OPPORTUNITY PROGRAMS - Approve and Authorize the City Manager to Execute a $194,010 Agreement for FY 2023/24 with Alameda County Health Care Services Agency to Support Human Services Programs, including the Fremont Family Resource Center Family Support Services program and Youth and Family Services Division's Why Try Cognitive Behavioral Groups program and Appropriate Additional Funds and Making Findings of CEQA Exemption
Contact Persons:

Name: Alina Kwak Suzanne Shenfil
Title: Management Analyst II Director
Dept: Human Services Department Human Services Department Phone: 284-4014 510-574-2051
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or designee to execute an agreement with Alameda County Health Care Services Agency in the amount of $194,010, and appropriate an additional $5,671 to Fund 179 (Support Services – ACHCSA) to cover the agreement as described in the report.

N. THIRD AMENDMENT TO THE CITY ATTORNEY EMPLOYMENT AGREEMENT - Consideration of an Amendment to the Employment Agreement between City Attorney Rafael E. Alvarado, Jr. and the City of Fremont Contact Persons:

Name: Tina Gallegos Brian Stott
Title: Human Resources Director Assistant City Manager
Dept: Human Resources City Manager's Office
Phone: 510-494-4652 510-494-4660
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt attached Resolution and authorize the Mayor to execute the Third Amendment to the City Attorney’s employment agreement which authorizes a five percent (5%) salary adjustment.

O. THIRD AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT - Consideration of an Amendment to the Employment Agreement between City Manager Karena McGee Shackelford and the City of Fremont Contact Persons:

Name: Tina Gallegos Brian Stott
Title: Human Resources Director Assistant City Manager
Dept: Human Resources City Manager's Office
Phone: 510-494-4652 510-494-4660
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt attached Resolution and authorize the Mayor to execute the Third Amendment to the City Manager’s employment agreement which authorizes a five percent (5%) salary adjustment.

July 11, 2023 Fremont City Council Page 9

3. Ceremonial Items
A. Proclamation: Park and Recreation Month July 2023

4. Public Communications
A. Oral and Written Communications

INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM

CONSENT CALENDAR

5. Scheduled Items
A. WASHINGTON BOULEVARD STREET VACATION - Public Hearing (Published Notice) and Adoption of a Resolution to Vacate a Portion of Washington Boulevard Located Near Ellsworth Street – PLN2023-00087 Contact Persons:

Name: Yiu Kei Louie Hans Larsen
Title: Engineer II (Civil) Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4727 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Conduct a public hearing.

2. Adopt a resolution that:
a. Orders the vacation of a portion of Washington Boulevard as depicted and described in Exhibit A, and conditioned upon the City’s receipt of a $35,000 payment for the fair market value of the area to be vacated; b. Authorizes the sale of the land;
c. Authorizes the City Manager or designee to execute a grant deed conveying the area to be vacated as shown in Exhibit A to 6021 Wei Ying LLC, a California Limited Liability Company, or its successor(s) in interest at the fair market value of $35,000; and
d. Makes findings, including findings of CEQA exemption.

3. Direct staff to recognize the sale proceeds as revenue in the General Fund.

July 11, 2023 Fremont City Council Page 10

6. Other Business
A. CEREMONIAL FLAG DISPLAY - Consideration of Procedures and Guidelines Outlining the Display of Ceremonial Flag Commemorating Special Observances in Response to Council Direction Provided on February 21, 2023
Contact Persons:

Name: Allen DeMers Amanda Gallo
Title: Assistant to the City Manager Management Analyst II Dept: City Manager's Office City Manager's Office
Phone: 510-494-4651 510-284-4016
E-Mail: [email protected] [email protected]

RECOMMENDATION: Receive staff report and provide direction to staff to establish a calendar of ceremonial flag observances using one of staff’s proposed options (or via other direction not contemplated by staff):

1. Annually adopt a comprehensive ceremonial flag display calendar that rotates five ceremonial flag observances each year and would advise staff of which five would be honored in each respective calendar year.

Or

2. Annually adopt a comprehensive ceremonial flag display calendar of five observances that includes annual ceremonial flag observance of Black History Month and LGBTQ+ Pride Month while rotating observances through the remaining three authorized ceremonial flag observances.

7. Items Referred by Councilmembers
A. Councilmember Referrals - None.

B. Appointments to Boards, Commissions, Committees - None.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
July 11, 2023 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

July 11, 2023 Fremont City Council Page 12

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 July 11, 2023 7:00 p.m. City Council Meeting Council Chambers Live
July 18, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
July 25, 2023 CANCELLED: CC/FUSD
Liaison Committee Meeting
August Recess Council in Recess until
September
September 5, 2023 7:00 p.m. City Council Meeting Council Chambers Live
September 12, 2023 7:00 p.m. City Council Meeting Council Chambers Live
September 19, 2023 7:00 p.m. City Council Meeting Council Chambers Live
September 26, 2023 CANCELLED: CC/FUSD
Liaison Committee Meeting
Monday,
October 2, 2023 5:30 p.m. CC/FUSD Joint Meeting Council Chambers Live
October 3, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
October 10, 2023 7:00 p.m. City Council Meeting Council Chambers Live
October 17, 2023 7:00 p.m. City Council Meeting Council Chambers Live
October 24, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
October 31, 2023 No City Council Meeting
(5th Tuesday)
November 7, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 14, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 21, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
December 5, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 12, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 19, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 26, 2023 CANCELLED: CC/FUSD
Liaison Committee Meeting Live

Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4950) DOC ID: 4950
Updated: 7/5/2023 10:55 AM by Susan Gauthier Page 1

SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF

FREMONT TO REPEAL AND REPLACE FREMONT MUNICIPAL CODE (FMC) SECTION 18.190.005 (ACCESSORY DWELLING UNITS) TO COMPLY WITH NEW

STATE LAW AS WELL AS CARRY OUT PROGRAM IMPLEMENTATION FROM THE CITY’S 2023-2031 HOUSING ELEMENT AND AMEND OTHER, RELATED SECTIONS OF FMC TITLES 9 (PUBLIC PEACE, MORALS AND WELFARE) AND 18 (PLANNING AND ZONING) FOR INTERNAL CONSISTENCY; AND MAKING FINDINGS OF CEQA EXEMPTION (PLN2022-00218).

Contact Persons:

Name: Susan Gauthier Mayank Patel
Title: City Clerk Associate Planner
Div/Dept: City Clerk's Office Community Development
Phone: 510-284-4076 (510) 494-4450
E-Mail: [email protected] [email protected]

Executive Summary: A key component of the City’s strategy for meeting its future housing needs, as outlined in the City’s recently adopted 2023-2031 Housing Element, is to encourage the production of Accessory Dwelling Units (ADUs) in existing single -family and multi-family residential neighborhoods. Implementation Program 31 of the Housing Element calls for amending the City’s existing ADU Ordinance to eliminate unnecessary development standards and make other amendments that would facilitate production. Staff has prepared a draft ordinance that addresses Implementation Program 31, making the City’s ADU regulations simpler to understand, and easier to comply with. The draft ordinance is also driven by state law and the proposed amendments would bring the City’s ADU regulations into compliance with the most recent changes to ADU legislation. The proposed ordinance would repeal and replace the City’s current ADU Ordinance, codified in Fremont Municipal Code (FMC) §18.190.005. Additionally, the ordinance would amend various other chapters of the FMC for internal consistency.

The ordinance was introduced by the City Council at its June 20, 2023 meeting. The ordinance is now before the Council for adoption.

ATTACHMENTS:
• Draft ADU Ordinance

RECOMMENDATION: Adopt ordinance approving amendments to FMC Title 9 (Public Peace, Morals and Welfare) and Title 18 (Planning and Zoning).

2.C
Packet Pg. 13

***DRAFT***
ORDINANCE NO. XX-2023

AN ORDINANCE OF THE CITY OF FREMONT TO REPEAL AND
REPLACE FREMONT MUNICIPAL CODE (FMC) SECTION 18.190.005 (ACCESSORY DWELLING UNITS) TO COMPLY WITH NEW STATE

LAW AS WELL AS CARRY OUT PROGRAM IMPLEMENTATION
FROM THE CITY’S 2023-2031 HOU SING ELEMENT AND AMEND
OTHER, RELATED SECTIONS OF FMC TITLES 9 (PUBLIC PEACE,
MORALS AND WELFARE) AND 18 (P LANNING AND ZONING) FOR
INTERNAL CONSISTENCY; AND MA KING FINDINGS OF CEQA
EXEMPTION (PLN2022-00218).

THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. FMC §9.60.050, AMENDED
FMC §9.60.050(a) is amended to read as follows:
§9.60.050 Rent review program.
(a) The provisions of this chapter sh all apply to all residential rental units in the city. This chapter shall not apply to hotels, boarding houses, transient accommodations, dormitories, mobile home space renters, junior acce ssory dwelling units as defined in Section Chapter

18.25.1525, and shared housing units.

SECTION 2. FMC §18.25.960, AMENDED
FMC §18.25.960 is amended to read as follows:
§18.25.960 Dwelling, single-family.
“Single-family dwelling” shall mean a primary dwelling designed to contain a single dwelling unit.

This definition includes manufactured and mobile homes constructed after July 1, 1976, and placed pursuant to Section 18.190.350(g).

SECTION 3. FMC §18.25.983, AMENDED
FMC §18.25.986 is amended to read as follows:
§18.25.983 Dwelling unit, accessory (ADU).
“Accessory dwelling unit (ADU)” shall mean a residential dwelling unit, which provides complete independent living facilities for one or more persons, that is either attached to, or located within, a proposed or existing primary dwelli ng, including attached garages, storage areas or similar uses, or an accessory structure, or detached from a proposed or existing primary dwelling and located on the same lot as the proposed or existing primar y dwellingan attached or detached residential

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dwelling unit which provides complete independent living facilities for one or more persons. It An ADU shall include permanent provis ions for living, sleeping, eati ng, cooking, and sanitation on the same parcel as the principal residencesingle-family or multifamily dwelling is or will be situated. An ADU also includes an efficiency unit and a manufactured home, as defined in Health and Safety Code Section 18007. As provided in Cal. Gov’t Code § 65852.2, efficiency apartments and manufactured homes may be developed and occupied as accessory dwelling units consistent with this title. Only manufactur ed or mobile homes constructe d after July 1, 1976, and placed pursuant to Section 18.190.350(g) are permitted. ADUs are subject to development standards that are specified in Section 18.190.005. See also “junior accessory dwelling unit.” SECTION 4. FMC §18.25.986, AMENDED
FMC §18.25.986 is amended to read as follows:
§18.25.986 Dwelling unit, junior accessory (JADU).
“Junior accessory dwelling unit (JADU)” shall mean an ADU unit that is no more than 500 square feet in size and is contained entirely within a single-family dwelling residence, including an attached garageor primary dwelling unit. A JADU may include separate sanitation facilities, or it may share sanitation facilities with the existing structure. A JADUs shall include an efficiency kitchen, which shall include a cooking facility with appliances and a food preparation counter and storage cabinets that are of r easonable size in relation to the size of the JADU. A JADU is are subject to the development standards that areregulations specified in Section s 18.190.005(b) and (d) and shall comply with the requirements of Cal ifornia. Gov ernmen’t Code Section§ 65852.22(a), as may be amended.

SECTION 5. FMC TABLE 18.90.80, AMENDED
FMC Table 18.90.80 is amended to update, and reorder alphabeti cally, the following row under the “Land Use” category as follows:

Table 18.90.080
Allowed Land Uses and Permit Requirements for Residential Zoning Districts Land Use 2012
NAICS2 R-1 R-2 R-3 R-G Specific Use
Regulations
Standard aAccessory dwelling units A6 A6 A3,6 A3,6 18.190.005 [All other portions of this table remain unchanged]
SECTION 6. FMC TABLE 18.183.030, AMENDED
FMC Table 18.183.030 is amended to eliminate foot note 6 and update the “Required Resident Uncovered or Covered Spaces” field in the Accessory dwelling unit row, listed under the “Residential Uses” category, as follows:

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Table 18.18.030
Required Parking Spaces
Use
Required Resident Covered
Spaces
Required Resident Uncovered or
Covered Spaces
Required Guest
Spaces
Accessory dwelling unit1,6 0 None for studio units or JADUs, otherwise one per unit, except as
noted in Footnote (6) below 0
0 [All other portions of this table remain unchanged]
SECTION 7. FMC §18.183.175, AMENDED
FMC §18.183.175(a) is amended to read as follows:
§18.183.175 Tandem parking spaces for residential uses. (a) Required parking spaces for residential uses may be accommodated by tandem parking spaces in the following zoning districts: D, R-1, R-2, R-3, TOD, and WSI. Additionally, they may be authorized as part of a density bonus application or for an accessory dwelling unit; however, in R-1, R-2, and R-3 districts tandem parking spaces may only be considered through a discretionary design review permit and shall be limited to no more than 30 percent of the required park ing, subject to th e approval authority’s discretion when considering specifics of the proposed site layout and design. For single-family dwellings, no more than one-third of required parking spaces may be tandem, subject to the approval authority’s discretion when considering specifics of the proposed site layout and design.

SECTION 8. FMC §18.190.005, REPEALED AND REPLACED
FMC §18.190.005 is repealed and replaced to read as follows:
§18.190.005 Accessory dwelling units (ADUs) and j unior accessory dwelling units (JADUs). (a) Purpose. The purpose of this section is to implement Government Code Sections 65852.2 and 65852.22 by allowing the creation of accesso ry dwelling units (ADUs) and junior accessory dwelling units (JADUs) through ministerial review. (b) General Regulations.
(1) Density. An ADU and/or a JADUs shall not count toward the allowed density for the lot upon which the ADU and/or the JADU is located. An ADU and/or a JADU approved in compliance with this section shall be considered a residential use that is consistent with the existing general plan and zoning designation for the lot. (2) Fees.
(A) The city may charge a fee covering the costs associated with the issuance of the design review permit, building permits, and related inspections to

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determine whether an ADU and/or a JADU complies with applicable building standards and the provisions of this section.
(B) This section shall not be construed to prohibit the city from adopting an ordinance or regulation relating to serv ices or utility connection fees that applies to a single-family or multif amily dwelling that contain an ADU and/or a JADU so long as that ordinance or regulation applies uniformly to all single-family or multifamily dwelling regardless of whether they include an ADU and/or a JADU.
(3) Nonconforming Zoning Conditions. The correction of nonconforming zoning conditions, which do not present a threat to public health and safety and are not affected by the construction of an ADU and/ or a JADU, shall not be required as a condition for ministerial appr oval of a permit applicati on for the creation of an ADU and/or a JADU.
(4) Permitting Procedure. Any application for an ADU and/or a JADU that meets the applicable location and development standa rds contained in this section shall be subject to ministerial review and approva l without discretionary review or public hearing. A permit shall be issued within 60 days of submission of a complete application for an ADU and/or a JADU conforming to the provisions of this section if there is an existing single-family or mu ltifamily dwelling on the same lot. If the permit application to create an ADU and/ or a JADU is submitted with a permit application to create or serve a new singl e-family or multifamily dwelling on the lot, the city may delay acting on the permit application for that ADU and/or JADU until the city acts on the permit application to create or serve the new single-family or multifamily dwelling, but the application to create an ADU and/or a JADU shall be considered ministerially without discretionary review or a public hearing. If the applicant provides a written request for a delay, the 60-da y time period shall be tolled for the period of the delay.
(5) Building Permit Required. All ADUs and/or JADUs, including those that are internal to an existing structure and conve rted from existing floor area, require a building permit.
(6) Rental. An ADU and/or a JADU shall not be rented for a term of less than 30 days. (c) Regulations Applicable to ADUs. The following provisions apply to all ADUs, except for the “Statewide Exemption ADUs,” which are only subject to the provisions provided in subsection (e) of this section. In the event of a conflict between th e provisions of this section and another section of the Fremont Municipal Code, the provisions of this section shall prevail. In the event of a conflict betw een the provisions of this section and the California Government Code, including without limitation California Government Code Section 65852.2, as may be amended, the provisi ons of the applicable Government Code shall prevail.

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(1) ADU Types. An ADU shall be either attached to , or located within, the proposed or existing primary dwelling, including atta ched garages, storage areas or similar uses, or an accessory structure or det ached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
(2) Number of Units.
(A) ADUs on Single-Family Lots. Except as provided under subsection (e), no more than one ADU shall be permitted to be located on the same lot that has an existing or proposed single -family dwelling. An ADU and JADU may be located in the same primary dwelling.
(B) ADUs on Multifamily Lots. See subsection (e).
(3) Permitted Location. An ADU may be constructed on th e same lot as an existing or proposed single-family or multifamily dwelling in residential or mixed-use zoning districts, as well as planned districts that allow residential uses. (4) Size. The maximum allowable square footage for an ADU shall not exceed the area limitations specified below. For the purposes of this subsection, the calculation of square footage for an ADU shall not include garages, carports, covered porches/patios, breezeways, and/or other accessory structures. (A) ADU Size – Existing Floor Area. An ADU converted from existing floor area shall not be subject to any size limitations.
(B) ADU Size – New Floor Area.
(i) Attached ADUs. The total floor area for an attached ADU (new addition) created from new floor area shall not exceed 1,000 square feet.
(ii) Detached ADUs. The total floor area fo r a detached ADU (new structure) created from new floor area shall not exceed 1,200 square feet.
(5) Building Height.
(A) ADU Building Height – Existing Floor Area. An ADU converted from existing floor area shall not be subject to building height limitations. (B) ADU Building Height – New Floor Area.
(i) Single Family – Attached. An ADU that is attached to a single- family dwelling shall be limited to a building height of 30 feet or the building height limitation of th e underlying zoning district that

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applies to the single-family dwel ling, whichever is lower. This clause shall not allow an ADU to exceed two stories.
(ii) Single Family – Detached. An ADU that is detached from a single- family dwelling shall be limited to a building height of 16 feet. If the lot on which the ADU will be creat ed is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defi ned in Public Resources Code Section 21155, the ADU shall be limited to a building height of 18 feet. An additional building height of two feet shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the singe-family dwelling.
(iii) Multifamily. An ADU that is detached from a multifamily dwelling unit shall be limited to a building height of 16 feet , or a building height of 18 feet if either of the following conditions are met. a. The lot on which the ADU will be created is within one-half of one mile walking distance of a major transit stop or a high- quality transit corridor, as those terms are defined in Public Resources Code Section 21155. An additional building
height of two feet shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the singe-family dwelling.
b. The lot on which the ADU will be created cons ists of an existing or proposed multifamily, multistory dwelling.
(6) Building Setbacks.
(A) ADU Setbacks – Existing Floor Area. No setback shall be required for an ADU located within the existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is in the same location and to the same dimensions as the structure being replaced. Except for an expansion of up to 150 square feet if necessary to provide ingress or egress for the ADU, further expansi on beyond what was existing shall be subject to the height and setback restri ctions applicable to a new detached ADU.
(B) ADU Setbacks – New Floor Area. A side- and rear-yard setback of four feet shall be required fo r attached and detached ADUs created from new floor area. ADUs shall be subject to th e front yard setbacks applicable to the primary dwelling, unless such a requirement would preclude the construction of an ADU described in subsection (e).
(7) Fire Sprinklers. The installation of fire sprinklers shall not be required for an ADU if fire sprinklers are not required for the primary dwelling unit. The construction of

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an ADU shall not trigger a requi rement for fire sprinklers to be installed in an existing multifamily dwelling.
(8) Historic Property. An ADU that involves exterior modifications to structures listed in the California Register of Hist orical Resources shall be designed and constructed in conformance with the objective standards for preservation provided in the Secretary of the Department of the Interior’s Standards for the Treatment of Historic Properties.
(9) Owner Occupancy. Owner occupancy shall not be required for either the primary dwelling unit or the ADU.
(10) Passageway. No passageway shall be required in conjunction with the construction of an ADU. Per Government Code 65858.2(j), as may be amended, “passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.
(11) Separate Entrance. An ADU shall provide at least one exterior entrance that is separate from the ma in entrance of th e primary dwelling. An ADU shall also provide a separate address from the primary dwelling.
(12) Separate Sale. Except as provided in Government Code Section 65852.26, as may be amended, an ADU may be rented separate from the primary residence; however, the ADU shall not be sold or otherwis e conveyed separate from the primary residence.
(13) Sewage. If applicable, where a private sewage disposal system is being used or an ADU, the approval by the local health officer shall be required. (14) Parking. No additional parking spaces shall be required for an ADU. Additionally, no replacement parking shall be require d when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted into an ADU.
(15) Utility Connection. Pursuant to California Government Code Section 65852.2(f)(4), as may be amended, an ADU within the proposed space of a primary dwelling unit or existing space of a prim ary dwelling unit or accessory structure shall not be required to install a new or separate utility connection directly between the ADU and the utility nor shall a related connection fee or capacity be charged unless the ADU is proposed to be constructed with a new primary dwelling. (d) Regulations Applicable to JADUs. The following provisions apply to all JADUs. In the event of a conflict between the provisions of this section and another section of the Fremont Municipal Code, the provisions of this section shall prevail. In the event of a conflict between the provisions of this section and California Government Code Section 65852.22, as may be amended, the provisions of the respective Government Code shall prevail. (1) Number of Units. Excluding an ADU, no more than one JADU shall be allowed.

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(2) Maximum Size. A JADU shall be limited to a maximum size of 500 square feet and contained entirely within a single-f amily residence, including an attached garage.
(3) Permitted Location. A JADU shall be allowed on a residential lot zoned for single- family residences within the walls of a single-family residence built, or proposed to be built, on the lot.
(4) Separate Entrance. A JADU shall provide at least one exterior entrance that is separate from the ma in entrance of the single-fa mily residence. A JADU shall provide a separate address from the single-family residence. (5) Owner Occupancy. Owner occupancy in the single-family residence in which the JADU will be permitted shall be required. The owner of the single-family residence may occupy either the remaining portion of the structure or the newly created JADU. Owner-occupancy shall not be re quired if the ow ner is another governmental agency, land trust, or housing organization. (6) Separate Sale. A JADU shall not be sold or otherwise conveyed separate from the single-family residence. A recordation of a deed restriction, which shall run with the land, shall be filed with the city, and shall include the following:
(A) A prohibition on the sale of the JADU separate from the sale of the single- family residence, including a statemen t that the deed restriction may be enforced against future purchasers; and
(B) A restriction on the size and attributes of the JADU that conforms to Government Code Section 65852.22, as may be amended.
(7) Fire and Life Safety. For the purposes of any fire or life protection, a JADU shall not be considered a separate dwelling unit. This clause shall not be construed to prohibit the city from adopting an ordinance or regulation relating to fire and life protection requirements within a single-fam ily residence that contains a JADU so long as the ordinance or regulation applies uniformly to all single-family residences within the zone, regardless of whether the single-family residence includes a JADU or not.
(e) Statewide Exemption ADUs. Pursuant to California Government Code Section 65852.2(e)(1), as may be amended, an application for an ADU or JADU within a residential or mixed-use zone shall be ministerially approved if it creates any of the following:
(1) Single Family – ADUs within Existing or Proposed Space. One ADU and one JADU per lot with an existing or proposed single-family dwelling if all of the following apply:
(A)
The ADU or JADU unit is within th e proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the

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same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(B) The space has exterior access from th e proposed or existing single-family dwelling.
(C) The side and rear setbacks are sufficient for fire and safety. (D) The JADU complies with the requirements of Government Code Section 65852.22.
(2) Single Family – New Detached ADUs. One detached, new construction, ADU that does not exceed four-foot side- and rear-yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subparagraph (1) above. The ADU shall:
(A) Not exceed a total floor area of 800 square feet; and (B) Comply with the building height requirements specified in subsection (c). (3) Multifamily – Conversion ADUs. A minimum of one ADU and a maximum of 25-percent of the total number of existi ng multifamily dwelling units shall be permitted to be converted from existing multifamily dwelling structures that are not used as livable space, including, but not li mited to, storage rooms, boiler rooms, passageways, attics, basements, or garage s, if each unit compli es with the state building standards for dwellings.
(4) Multifamily – Detached ADUs. No more than two detached ADUs shall be permitted on a lot that ha s an existing or proposed multifamily dwelling. The ADU(s) shall be subject to a maximum rear- and side-yard setback of four feet and the building height limitations specified in subsection (c).

SECTION 9. CEQA
The City Council finds that the proposed amendments to the Fremont Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines:
(1) §15061 (Review for Exemption) in that it can be seen with certainty that there is no possibility that the proposed amendments w ill have the potential for causing a significant effect on the environment.
(2) §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) in that the proposed amendments are consistent with the development densities and policies in Fremont’s General Plan, for which an E nvironmental Impact Report (EIR) [SCH #2010082060] was certified, and existing zoni ng. The proposed amendments do not involve peculiar impacts that we re not previously analyzed or discussed as significant

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effects in prior EIR(s) on the general plan and zoning with which the project is consistent, there are no previously identi fied significant effects which ar e substantially more severe than analyzed in in the prior EIR(s) or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis, and many of the proposed amendments are nece ssary to conform with state law. Any conceivable impact of the proposed amendmen ts would be too specu lative for reasoned analysis in the absence of specific development proposals. (3) §15282(h) (ADU Ordinance Statutory Exempti on) in that the proposed amendments involve the adoption of an ordinance regarding second units (i.e., accessory dwelling units) in a single-family or multifamily residentia l zone by a city or county to implement the provisions of Government Code §§ 65852.1 and 65852.2 as set fo rth in Public Resources Code §21080.17.
(4) §15378 (Project) in that the proposed amendments are an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

SECTION 10. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affe ct the validity of the remaining portions of this ordinance. The City Council of the City of Fremont hereby declares that it would have passed this ordinance and each sec tion or subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, s ubsections, sentences, clauses, or phrases be declared invalid.

SECTION 11. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 12. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption a summary of this ordinance once in a newspaper of gene ral circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Cl erk since at least five days befo re this date of adoption. Within 15 days after adoption of this ordinance, the Ci ty Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.

The foregoing ordinance was introd uced before the City Council of the City of Fremont at the regular meeting of the City Council, held on June 20, 2023 , and finally adopted at a regular meeting of the City Council held on Click or tap to enter a date., by the following vote:

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AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk Senior Deput y City Attorney II

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Attachment: Draft ADU Ordinance (4950 : Second Reading and Adopt 2023 Accessory Dwelling Unit ZTA – Citywide (PLN2023-00218)) Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4929) DOC ID: 4929
Updated: 7/5/2023 2:29 PM by Susan Gauthier Page 1

ALAMEDA COUNTY BEHAVIORAL HEALTH CARE SERVICES MASTER
CONTRACT - Authorization to Execute a Contract Renewal with Alameda County Behavioral Health for Adolescent Substance Use Disorder Services Provided by the Human Services Department’s Youth and Family Services Division for FY 2023/24 and Making FIndings of CEQA Exemption
Contact Persons:

Name: Annie Bailey Suzanne Shenfil
Title: Youth and Family Services
Administrator
Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: For the past eleven years, Alameda County Behavioral Health (ACBH) has contracted with the City’s Human Services Department to provide outpatient Adolescent Substance Use Disorder (SUD) services for the Tri-city area. Staff recommends the City Council authorize the City Manager or designee to renew the contract with ACBH, for FY 2023/24, in an amount not to exceed $516,881 in alignment with the FY 2023/24 Operating Budget.

BACKGROUND: Since FY 2012/13, ACBH has contracted with the Youth and Family Services Division of the Human Services Department to implement best practice models of adolescent early intervention and outpatient Substance Use Disorder (SUD) treatment services, and to hire staff with certified adolescent SUD treatment credentials and expertise.

YFS has strong history of working with at-risk adolescent and their families providing mental counseling, youth diversion at the Police Department for at-risk youth, parenting support and education. The division and its counseling team have long recognized the great need for substance use disorder services for adolescents and possess the knowledge and skills to help support this community need.

Since YFS assumed the program in FY 2012/13, it has developed policies and procedures based on the States Youth Treatment Guidelines, and standardized assessment protocols for the youth and families referred for services. The SUD intervention specialists conduct a family focused assessment of the youths’ and parents’ alcohol and drug abuse history.

Youth who are assessed as drug dependent receive case management and referrals to higher levels of treatment as needed, and the youth with less serious presenting problems participate in early intervention which includes individual and family meetings, groups for the youth and Multi-family groups for parents. The intervention services for youth are based on two best practice models: Why Try and the Matrix Model for Teens and Young Adults.

In 2018, ACBH implemented a Drug Medi-Cal Organized Delivery System in Alameda County. This system is designed to increase and improve quality of services and success of client SUD treatment while decreasing other care costs. Cost savings are accomplished by generating revenue through the provision of Drug Medi-Cal (DMC) reimbursable services to

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eligible beneficiaries, while also increasing services for non-DMC eligible beneficiaries through other funding sources such as federal Block Grant funds.

The Human Service Department’s YFS division was awarded a master contract in early June 2018. The contract, which required the City to become a certified State Medi-Cal provider, funds three levels of adolescent SUD care: outpatient, intensive outpatient, and recovery services. It provides funding for both Medi-Cal and non-Medi-Cal eligible adolescent beneficiaries. The City became a State certified Drug Medi-Cal provider in early 2019.

DISCUSSION/ANALYSIS: Limited program services exist in the Tri-Cities for young people who have been identified with substance abuse issues. This is particularly true if the youth is from a low-income family or does not have health insurance. The YFS Substance Use Disorder program augments and compliments the City’s existing programs for at-risk youth who have been identified with substance abuse issues in the hope of reaching them before they become drug dependent. YFS program staff are committed to providing needed services and partnering with ACBH in developing these services for young people in the Tri-City area.

FISCAL IMPACT: This program will have no impact to the General Fund. The FY 2023/24 contract provides $516,881 to cover the cost of the program’s operation through June 30, 2024. In anticipation of this contract, the City Council appropriated sufficient funds for this program as part of the FY 2023/24 Adopted Operating Budget in the Youth and Family Services Behavioral Health Fund (Fund 170).

ENVIRONMENTAL REVIEW: This action is exempt from, and not subject to the requirements of the California Environmental Quality Act, Pub. Res. Code Section 21000, et seq. (CEQA) pursuant to, without limitation CEQA Guidelines Section 15378 (b)(2) and/or (5), in that it is an administrative activity that has no possibility for causing a significant effect, directly or indirectly, on the physical environment, and/or Section 15061(b)(3) in that it can be seen with certainty that the action has no potential to cause a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager, or designee, to execute a FY 2023/24 master contract with Alameda County Behavioral Health for the delivery of adolescent substance use disorder intervention and treatment services, for the period of July 1, 2023 through June 30, 2024 in an amount not to exceed $516,881.

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Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4947) DOC ID: 4947
Updated: 7/5/2023 10:44 AM by Susan Gauthier Page 1
PURCHASE OF FLEET VEHICLES - Approval of Purchase Orders through Cooperative Agreements with The Ford Store San Leandro for the Purchase of Ford Fleet Vehicles in an Amount Not to Exceed $2,000,000 and with National Auto Fleet Group for the Purchase of Various Make Vehicles in an Amount Not to Exceed $900,000. Exempt from CEQA Review per Guideline 15061 Contact Persons:

Name: Mark Collins Hans Larsen
Title: Fleet Maintenance Manager Public Works Director
Div/Dept: Maintenance Public Works
Phone: 510-979-5739 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to authorize the purchase of fleet vehicles and equipment to replace current aging vehicles and equipment that are due for replacement and unanticipated vehicle replacements due to collisions, mechanical failures, and future approved additions to the fleet.

BACKGROUND: There are 43 fleet vehicles that staff recommends for replacement because they have reached the end of their useful life and are incurring increased mechanical failures, downtime, and maintenance costs. These vehicles and equipment are scheduled for replacement and fund appropriations have been approved for Fiscal Year 2023/24. The 43 vehicles are used by various departments and will be replaced using Vehicle Replacement funds (Fund 610). In 2023, staff met with departments and determined the vehicle and equipment make and models that would best meet their operational needs for the 43 vehicles.

Staff compared the available vendor pricing and contract pricing from other public agencies and determined that the Alameda County Master Contract No. 901979 with The Ford Store San Leandro and the Sourcewell Contract No. 091521-NAF with National Auto Fleet Group (NAFG) provides fair and competitive pricing for the 43 fleet vehicles being purchased and any unanticipated vehicle replacements.

DISCUSSION/ANALYSIS: The City has the opportunity to realize cost savings by purchasing vehicles through the Alameda County Master Contract No. 901979 and Sourcewell Contract No. 091521-NAF cooperative purchasing programs. Alameda County is a California public agency and Sourcewell is a political subdivision of the State of Minnesota.

Both are public agencies offering publicly solicited contracts to government entities nationwide. Alameda County and Sourcewell both use a public competitive solicitation and award process similar to that required by the City’s Purchasing Code. Staff recommends that Council authorize the City Manager or designee to execute a purchase order with The Ford Store San Leandro for the purchase of approximately 30 vehicles in an amount not to exceed $2,000,000 and with National Auto Fleet Group for the purchase of approximately ten vehicles in an amount not to exceed $900,000.

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VEHICLE/EQUIP
TYPE

VENDOR GOVERNMENT

PURCHASE

CONTRACT

COST FUNDING
SOURCE
30 VARIOUS

FORD VEHICLES

THE FORD

STORE SAN

LEANDRO

ALAMEDA
COUNTY
CONTRACT NO.
901979
$2,000,000 FUND 610
10 VARIOUS

VEHICLES

NATIONAL

AUTO FLEET
GROUP

SOURCEWELL
CONTRACT #
091521-NAF
$900,000 FUND 610

Planned Electrification of Fleet Vehicles

It is noted that the City is currently planning to transition much of the City’s fleet to electric vehicles (EV) and is coordinating the installation of the EV charging infrastructure before the EVs arrive. New EVs are acquired to replace older vehicles to the degree that suitable vehicles are available on the market. In the coming year, EV models planned to be acquired include Ford Mach-E SUVs and Ford Lighting Trucks.

FISCAL IMPACT: The Council-approved FY 2023/24 Vehicle Replacement Fund (Fund 610) appropriation is $3,110,400 and provides sufficient funding for the purchase of the various fleet vehicles.

ENVIRONMENTAL REVIEW: The purchase of equipment is not a project as defined by the Public Resources Code Section 21065. Furthermore, the action is exempt from review under the California Environmental Quality Act, per CEQA Guidelines Section 15378 (b), as an organizational, administrative, policy, and fiscal activity that will not result in direct or indirect physical changes in the environment, and Section 15061 (b) (3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute a purchase order with The Ford Store San Leandro for the purchase of Ford vehicles in an amount not to exceed $2,000,000.

2. Authorize the City Manager or designee to execute a purchase order with National Auto Fleet Group for the purchase of various make vehicles in an amount not to exceed $900,000.

3. Find the proposed purchase is not a project as defined by Public Resources Code Section 21065 and of the California Environmental Quality Act (CEQA), and, alternatively, the action is exempt from CEQA under Section 15061 (b) (3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, and Section 15378 (b), as an organizational, administrative, policy and fiscal activity that will not result in direct or indirect physical change in the environment.

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Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4937) DOC ID: 4937
Updated: 7/5/2023 10:32 AM by Susan Gauthier Page 1
TRAFFIC SAFETY EDUCATION SERVICES - Approval of Service Agreement with Safe Moves, Inc. in an amount not to exceed $181,600 for School-Based Traffic Safety Education Services
Contact Persons:

Name: Rene Dalton Hans Larsen
Title: Associate Transportation Engineer Public Works Director Div/Dept: Public Works Public Works
Phone: 510-494-4535 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to support the Safe Routes to School Program and promote active transportation for the City’s students by making available in - school walking and biking education services.

BACKGROUND: The City’s Pedestrian Master Plan (adopted in 2016) and Bicycle Master Plan (adopted in 2018) recommend traffic safety education and encouragement services as an element of the City’s Safe Routes to School program. While the City participates in the Alameda County Safe Routes to School Program, it was determined that additional education services are needed to provide year-round in-school and community education opportunities to interested schools within the Fremont Unified School District. The Alameda County Safe Routes to School Program focuses on key major events during each school year, including International Walk and Roll to School Day, Golden Sneaker Contest, and Bike to School Day. The City’s traffic safety education program is intended to supplement the events managed by the Alameda County Safe Routes to Schools program, and it will provide additional walking and bicycling education and promotional opportunities to Fremont schools throughout the school year.

DISCUSSION/ANALYSIS: On May 22, 2023, City staff solicited proposals for the school- based traffic safety education services. One proposal was received on June 13, 2023, from Safe Moves. The receipt of a single proposal is not uncommon because there are few providers of traffic education services and most providers have limited resources.

An evaluation panel comprised of City staff evaluated the proposal based on project scope and understanding, overall experience to perform the required services, and the project delivery schedule. Based on the results of the evaluation process, staff recommends approval of the service agreement with Safe Moves to provide traffic safety education services for the City of Fremont between 2023 and 2025. Safe Moves has been providing traffic safety education services in Fremont since 2004 and has consistently received positive evaluations from the school and community organizations that have participated.

Safe Moves is a non-profit organization established in 1983 committed to reducing traffic related injuries and fatalities through school and community education and encouragement events.

A service agreement has been prepared with Safe Moves for the project scope of work. Main elements of the scope of work include 64 traffic safety education workshops for children

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kindergarten through sixth grade, 32 school-based bicycle rodeo events, five After-School Bike Club Mechanics events (in which youth engage in hands-on bicycle maintenance and repair skills), 20 PE-based traffic safety education courses, 800 bicycle helmet giveaways, and six community bike rodeo events. Children and youth who participate will learn the basic traffic rules and how to safely walk or bike to school. Safe Moves will work closely with City staff, schools and community organizations in scheduling and hosting the various events.

Project Costs and Funding:

Estimated Project Costs:

City Staff Administration $ 5,000
Consultant Fees for Traffic Education Services $ 181,600 TOTAL PROJECT COSTS $186,600

Source of Funding:

PWC 8541-520 (Bike/Pedestrian Non-Infrastructure Program) $222,991 PWC 8875-136 (Bike/Pedestrian Program-Staff Administration) $260,021 TOTAL ESTIMATED AVAILABLE FUNDING $483,012

FISCAL IMPACT: Based on the contract amount and project cost estimates, there are sufficient funds budgeted and appropriated for this project. The funding source for consultant services is from the 2014 Measure BB transportation program in Alameda County which provides direct funding to cities for improving conditions for walking and bicycling and encouraging use of these travel modes.

ENVIRONMENTAL REVIEW: This project is categorically exempt under Section 15061 9(b)(3) of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager or designee to execute a Service Agreement with Safe Moves for School-Based Traffic Safety Education Services in an amount not to exceed $181,600.

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Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4935) DOC ID: 4935
Updated: 7/5/2023 10:29 AM by Susan Gauthier Page 1
PROPERTY TAX CONSULTING SERVICES – Authorization to Execute Agreement for Property Tax Consulting Services with HdL Coren & Cone in an Amount Not to Exceed $350,000 for a Five-Year Term
Contact Persons:

Name: David Persselin
Title: Finance Director
Div/Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]

Executive Summary: The City engages a property tax consultant to provide reports, data, and analysis that assist staff in understanding and forecasting property tax revenue. The property tax consultant also prepares the annual special tax and special assessment levies for the City’s Paramedic Special Tax and Clean Water Protection Fee.

Staff recently conducted a request for proposals (RFP) process to solicit proposals fr om qualified firms. Having reviewed and evaluated the proposals based on criteria outlined in the RFP, staff recommends that the City Council authorize the City Manager or her designee to execute a property tax consulting services agreement with HdL Coren & Cone (HdLCC) for a five-year term and a total not-to-exceed amount of $350,000.

BACKGROUND: Property taxes are the City’s single largest revenue source; comprising approximately 48% of total FY 2023/24 projected General Fund revenues, or $135.7 million.

In addition to this ad valorem property tax specified under Article XIIIA of the State Constitution, the City also levies a voter-approved “over-ride” property tax to pay for the City’s Fire Safety General Obligation Bonds, a voter-approved special tax to pay for paramedic services, and a clean water protection fee.

Given the importance of these revenues and the large number of parcels included on the annual property tax roll, over 64,000 citywide, the City retains a firm of specialized consultants to develop and maintain a property tax database and associated analytic software. The database and software are available to City Finance, Economic Development, and Community Development staff and are used for a variety of revenue forecasting, economic development, and land use planning purposes.

The property tax consultant also provides the City with an annual compilation of property tax reports drawn from the database as well as quarterly updates on property tax appeals and residential property sales. The consultant uses the database to audit the secured and unsecured property tax rolls to ensure that each parcel is coded to the appropriate taxing entity.

Along with these general property tax services, the consultant also provides special tax and special assessment services that include: calculating the Paramedic Special Tax and Clean Water Protection Fee amounts for each parcel in the City; based on the calculated special tax and fee amounts, providing revenue estimates for the Paramedic Special Tax and the

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Clean Water Protection Fee; providing a report identifying new parcels subject to the Paramedic Special Tax and Clean Water Protection Fee and the associated classification data, parcels no longer subject to the special tax or fee, and parcels for which the special tax or fee amount have changed from the prior year; and uploading the data necessary to levy the Paramedic Special Tax and Clean Water Protection Fee on the Alameda County Special Assessments web portal in accordance with County requirements.

In addition to providing reports, analysis, and data, as well as annual special tax and special assessment preparation, the property tax consultant’s staff is available throughout the year, as needed, to provide training and consultation.

HdLCC has provided these property tax consulting services to the City since 1997.

DISCUSSION/ANALYSIS: The current property tax consulting agreement with HdLCC ended on June 30, 2023, so staff issued an RFP for Property Tax Consulting Services in May 2023 and received responses from four firms.

Staff reviewed the proposals based on criteria outlined in the RFP and has determined that continuing with HdLCC as the City’s property tax consultant best meets the City’s needs.

Accordingly, staff recommends that the City Council authorize the City Manager or her designee to execute an agreement with HdLCC to provide property tax consulting services for a five-year term beginning in fiscal year 2023/24 and ending on June 30, 2028.

HdLCC has proposed a base fee of $22,500 and per-parcel fees of $0.30 for each of the Paramedic Special Tax and the Clean Water Protection Fee for the first year, increasing annually by the lesser of the California Consumer Price Index (CCPI) or 5%. Using the current year parcel counts for the special tax and fee, the first-year cost would be $62,869.

Assuming the maximum annual increase of 5% in each of the following four years, the total amount for those services would be $347,392. The recommended not-to-exceed amount of $350,000 includes $2,608 for any on-call consultation or training services that would be charged on a time and materials basis.

HdLCC will also receive a contingent fee of 25% of any net tax revenues recovered through the audits it performs. For purposes of the contingent fee calculation, the net tax revenues include the year in which the audit is performed as well as the three prior years. Because these contingent fees are paid from recovered revenues, they are not bound by the annual not-to-exceed amount specified in the agreement.

FISCAL IMPACT: Appropriations for property tax consultant services were included in the FY 2023/24 Adopted Operating Budget.

ENVIRONMENTAL REVIEW: Action on this item represents a fiscal, organizational, and/or administrative governmental activity that will not result in physical changes in the environment. Therefore, it is not a project subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378.

ATTACHMENTS: None.

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RECOMMENDATIONS:

1. Award the property tax consulting services agreement to HdL Coren & Cone.

2. Authorize the City Manager or her designee to execute an agreement with HdL Coren & Cone to provide property tax consulting services through June 30, 2028, at a total amount not to exceed $350,000 for the five-year term.

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Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4938) DOC ID: 4938
Updated: 7/5/2023 2:37 PM by Susan Gauthier Page 1
MENTAL HEALTH SERVICES AGREEMENTS - Authorization to Contract with Alameda County Behavioral Health and La Familia to provide Mental Health Services; and Appropriate Additional Funds and Making Findings of CEQA Exemption
Contact Persons:

Name: Arquimides Caldera Suzanne Shenfil
Title: Deputy Director of Human Services Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2056 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: Staff recommends that the City Council authorize the City Manager to enter into two agreements not to exceed $3,120,991, including: (1) an agreement with Alameda County Behavioral Health (ACBH), in the amount of $2,853,103 for the Human Services Department’s Youth and Family Services (YFS) Division, Aging and Family Services (AFS) Division, and Family Resource Center (FRC) Division to provide mental health services and increase its capacity to provide services; and (2) an agreement with La Familia, in the amount of $267,888, for FRC Division to provide mental health counseling services, on a fee for service basis, as part of a multi-disciplinary Working Wellness Program, to adults receiving Cal WORKs benefits, who are enrolled in the Welfare to Work program and facin g mental health challenges transitioning to work.

In the Adopted FY 2023/24 Operating Budget, the City Council appropriated $2,668,898 in anticipation of these two contracts. Staff now anticipates the actual contract amounts will be $3,120,991 and therefore recommends the City Council increase the revenue estimate and appropriate an additional $452,093 to equal the revised total of the two agreements.

BACKGROUND:

ACBH Mental Health Services Contract

The Human Services department has provided Medi-Cal funded services to South County residents for many years, including mental health services, substance use disorder services and Targeted Case Management services.

Medi-Cal is California’s Medicaid health care program. This program pays for services fo r children and adults with limited income and resources. Currently, the Medi -Cal program is undergoing a transformative system change, moving away from the state funding individual services, to the California Advancing and Innovating Medi-Cal (CalAIM) program, with the goal of:
a. improving population health using a whole person care model and social determinants of health,
b. Reducing complexity and variation, and increase flexibility of services across Medi - Cal, and

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c. Improving quality outcomes, reducing health disparities, and modernizing systems through value-based initiatives and payment reform.

Beginning in FY 2023/24, as part of the CalAIM program, ACBH will change the payment model for behavioral health contracts. For many years, the County provided reimbursement for EPSDT services based on the City’s actual costs up to a maximum allowed rate, which required the development of interim reimbursement rates and a final cost settlement each year. Under the new fee for service model, the City will no longer have to go through a cost settlement process and will instead be paid a negotiated rate regardless of its costs.

The YFS Division has received Medi-Cal reimbursement from ACBH for eligible mental health services since FY 1999/2000. YFS provides services to children with “full-scope Medi- Cal” (i.e., complete Medi-Cal coverage) that are funded through EPSDT, which is the joint county, state, and federal Medicaid reimbursement mechanism for services provided to children.

The AFS Division has provided mental health services to isolated seniors in their homes since 2008. This portion of the agreement is funded through Mental Health Services Act (MHSA), which was designed to expand and transform California’s county mental health services system. MHSA provides supplemental funding for mental health services through an additional one percent tax on individual taxable incomes of $1 million or more.

Shortly after the passage of MHSA, a county-wide planning process identified a need for geriatric mental health services, specifically targeted at seniors isolated in their homes and unable to access services due to transportation and physical/mental health barriers. As a result of this identified need, the City developed the Mobile Mental Health Team to provide geriatric mental health services in southern Alameda County and thereby improve the mental health of seniors 60 years of age and older, who are 1) isolated and therefore unable to access clinic services, and 2) unable to manage independence due to physical/mental disabilities. These seniors are often at risk of institutionalization, nursing home care, hospitalization, repeated 911 calls, and emergency room visits. AFS has subsequently added a Recovery & Resiliency (R&R) step-down program and a peer support program for LGBT+ older adults.

The FRC and YFS Divisions also provide Adult Outpatient Therapy services to adults with moderate to severe mental health issues. Services are provided by licensed staff, Associate Social Workers, and graduate clinical interns.

The FRC Division has collaborated with Alameda County to form a multi-disciplinary and multi-agency Family Service Team (FST) for clients with multiple issues, who are receiving public assistance through CalWORKs, since 2001. The City has provided mental health and wrap-around services, helping participants move from welfare to work.

The county re-bid these contracts for FY 2019/20 and required providers to serve a much larger geographic area of the county which included the Tri-Cities, the Tri-Valley area, Hayward, and San Leandro. Together, the City and La Familia submitted a successful application under a new program name, Working Wellness Program, with La Familia as the lead agency and the City as a subcontractor, to provide these services to an expanded south county group of CalWORKs participants.

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DISCUSSION/ANALYSIS:

The YFS Division, in FY 2023/24, will provide approximately 7,669 service hours in the following categories:

• Healthy Choices School-Site Counseling Services at Fremont school sites; • The Infant Toddler Program, which serves families with children who are five years old and younger. The program includes the Early Connections project, which includes a full-time Family Partner that promotes family-driven mental health care for children;
• The Youth Service Center, which serves youth with mental health needs and their families;
• The Truancy Intervention and Probation Youth Program, which serves pre-delinquent and delinquent youth and their families; and
• Outpatient Adult Mental Health brief therapy services (the AFS and FRC divisions will provide additional support in providing these services).

In FY 2023/24, additional funding has been added to the youth EPSDT programs to cover Intensive Care Coordination (ICC) for mental health clients. This is a form of Targeted Case Management (TCM) for youth.

The AFS Division, in FY 2023/24, has added support services targeting older Asian American and Pacific Islander (AAPI) individuals. The older AAPI population has been underserved in mental health interventions. The new funds will support staff to build relationships and provide services in the AAPI population.

AFS will provide mental health services to a minimum of 70 clients a year in order to improve their ability to live safely in the community. An additional 35 clients are supported in Recovery and Resiliency program, a ‘step down’ program that offers a transition to Senior Mobile Mental Health Program clients. Together these two programs will provide 1,214 hours of outpatient services, which will include 500 hours of medication support, and an additional 396 hours of outreach and engagement. The team is multi-disciplinary, consisting of a part-time psychiatrist, part –time physicians’ assistant, licensed counselors, Human Services Specialist, and clinical supervisor. Outreach and services provision will happen in community settings, such as the Age Well Center and Senior Housing. The team also visits isolated seniors in their own homes to diagnose their mental status and assess their need for mental health services. The treatment team works with the seniors, and where possible their family, to develop a treatment plan that may include prescribing and monitoring psychotropic medications, providing counseling, and referring seniors to other resources as needed. The Mobile Mental Health team works closely with the City’s senior case management program and Adult Protective Services, and coordinates home delivered meals and inpatient hospitalization, if needed.

In addition, AFS will provide a Mental Health Peer Coaching program to LGBTQ+ seniors.

The peer model was originally developed to reduce loneliness and increase self-efficacy among older adults (at least 60+) with severe to moderate mental illness. The model had positive outcomes that improved both coaches and the peer to have emotional, mental, and physical stability with supportive environment. The peer support program was expanded to target LGBTQ+ population in FY 2016/17. The program includes process of engaging, empathetic listening, encouraging, and educating LGBTQ+ older adults around enhancing

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wellness and preventing isolation and reducing the stigma often experienced by LGBT+ older adults.

The FRC Division, in FY 2023/24, will continue to assist clients who are on CalWORKs in removing barriers to employment. The FRC Working Wellness program provides a coordinated and integrated system of support for clients and their families, which may include health, substance abuse and mental health services, as well as educational and job search assistance, aimed at helping them to exit the CalWORKs system. The model invites the Cal WORKs participant to be an active member of their treatment team. This program utilizes the Individual Placement and Support (IPS) model of Employment Services, provided by IPS staff from La Familia. In FY 2023/24, the FRC will provide approximately 766 hours of service to 26 unduplicated clients.

The YFS, FRC and AFS divisions will provide 976 hours of service to 35 unduplicated clients in the Adult Outpatient Therapy program, referred by ACCESS.

Additionally, ACBH has awarded HSD $88,350 in one-time funds, in response to a request for Cal-AIM capacity building funding for FY 2023/24. The majority of the funds will support office expansion at the Family Resource Center.

FISCAL IMPACT: Funding under these agreements offsets the costs of full-time mental health professionals, clinical supervision, clerical support costs and City overhead expenses.

While the reimbursement rates for the fee-for-service portions of the agreements may vary between the contracts, the total maximum amount for which the City can be reimbursed remains at $3,120,991. As part of the FY 2023/24 Operating Budget, staff anticipated these program agreements would total $2,668,898. Staff is requesting a total of $452,093 in additional appropriations in three funds to match the actual total of the two contracts.

FY 2023/24 Additional Appropriation Request

Division Fund
Current
Appropriation
Contract
Total
Additional
Appropriation
Request
AFS 104 1,026,036 1,247,611 221,575
YFS 170 1,410,634 1,517,142 106,508
ACBH One-time Cal-AIM 108 0 88,350 88,350
ACBH Contract: $2,436,670 $2,853,103 $416,433
FRC La Familia Contract: 172 $232,228 $267,888 $35,660 Totals: 2,668,898 $3,120,991 $452,093

ENVIRONMENTAL REVIEW: This action is exempt from and is not subject to review under the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines section 15061 and/or 15378(b)(2) and/or (5) as the activities contemplated are organizational activities of government that will not result in direct or indirect physical changes in the environment, each of the foregoing providing a separate and independent basis for CEQA exemption. .

ATTACHMENTS: None.

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RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute two FY 2023/24 agreements totaling $3,120,991 including:
a. an agreement with Alameda County Behavioral Health (ACBH), in the amount of $2,853,103; and
b. an agreement with LaFamilia, in the amount of $267,888

2. Appropriate an additional $221,0575 in the ACBH Aging and Family Services Fund (Fund 104), an additional $106,508 in the ACBH Youth and Family Services Fund (Fund 170), an addition $88,350 in the FRC Facilities Coordination Fund (Fun d 108), and an additional $35,660 in the ACBH FRC Behavioral Health Fund (Fund 172).

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Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4931) DOC ID: 4931
Updated: 6/15/2023 8:01 PM by Susan Gauthier Page 1
ACTIVE TRANSPORTATION PLAN - Approve a Professional Services Agreement with Fehr & Peers in an Amount Not to Exceed $437,159 (Including 10% Contingency) to Develop the City’s Active Transportation Plan; Appropriate Funds; and Make Findings of CEQA Exemption
Contact Persons:

Name: Lilian Ayala Hans Larsen
Title: Senior Transportation Engineer Public Works Director Div/Dept: Public Works Public Works
Phone: (510) 494-4766 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the development of the Fremont Active Transportation Plan (ATP), a new 5-year master plan focused on transportation infrastructure related to walking and bicycling. The ATP will combine and update the City’s past planning efforts that have included a separate Pedestrian Master Plan, Bicycle Master Plan, and Safe Routes to Schools Plan. Having a current master plan for active transportation, and developed with community engagement, is required to be eligible for receiving funds from various regional, State and federal funding sources. The primary funding source to prepare the ATP is from the Alameda County Measure BB program.

BACKGROUND: The policies of the Alameda County Transportation Commission (ACTC) require cities within the County to update plans approximately every five years addressing priorities for improving infrastructure for walking and bicycling. The 2014 Measure BB program administered by ACTC provides direct annual funding to cities for pedestrian a nd bicycle improvements as well as other funding through competitive grants. Additionally, other grant programs administered by regional, State, and federal agencies require that project applications be based on the identification of community priorities s elected though a public outreach process and with a particular focus on engagement with communities that are more dependent on active transportation modes, such as youth, seniors, and lower income populations.

The City’s past planning efforts related to walking and bicycling have included various “targeted” plans such Vision Zero traffic safety plans (2016 and 2021), Pedestrian Master Plan (2016), Safe Routes to School Plans (2017), Bicycle Master Plan (2018), Mobility Action Plan (2019), and Trails Strategy Plan (2021), collectively referred to as “Master Plans”. The new ATP will be a combined update of the previously adopted Master Plans, including consolidating the various elements of the previous Master Plans into a singular cohesive document and updating these elements to reflect changes in policies and design that further encourage and promote walking, biking, and rolling, for those that live, visit and work in Fremont.

The existing Master Plans established a vision centered on ensuring safe, continuo us, convenient, and comfortable pedestrian and bicyclist access for users of all ages and abilities, and it identified an All Ages & Abilities Network, recommendations for pedestrian crosswalk enhancements, traffic safety assessments around schools, and a five-year priority

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list of infrastructure projects. The five-year priority project list included trail projects, installation of separated bikeways and protected intersections along major “backbone” All Ages & Abilities corridors, and addressing barriers imposed by freeways.

Since the adoption of the Master Plans, the City has made significant progress in the enhancement of its pedestrian and bicycle network on high-speed, multi-lane arterial streets by installing 32 new pedestrian flashing beacons, 40 miles of separated bikeways, and 13 protected intersections. The City is also actively developing various priority trail projects (Sabercat Trail, East Bay Greenway Trail, Dumbarton to Quarry Lakes Trail, Grimmer Greenway Trail, and Niles Canyon Trail), has completed School Access Safety plans for all Fremont public schools (including implementation of over 400 “quick build” projects around schools), and has undertaken the development of various projects addressing freeway system barriers such as building new pedestrian/bike bridges at I-680/Sabercat Trail and I-880/Innovation District Trail; and upgrading freeway interchanges at I-680/Mission Boulevard North and I-880/Decoto Road.

The ATP will support the City’s on-going effort to implement its planned All Ages and Abilities network, as well as support the adopted mode shift goal of decreasing drive -alone commuting from 73% in 2019 to 50% in 2040 as identified in the Mobility Action Plan. The ATP will also support the City’s Vision Zero Action Plan by including goals and implementation priorities to enhance pedestrian and bicycle safety.

Robust community engagement and outreach are key components in the development of the ATP to ensure that the updated goals, networks, and priorities will adequately serve the needs and desires of the Fremont community and stakeholders. Extensive outreach will be conducted through the City’s “My Fremont” on-line engagement platform, on-going neighborhood engagement and relationship building, numerous pop-up events, City- sponsored special events, engagement with traditionally underrepresented groups, collaboration with the Fremont Unified School District, and internal collaboration with other City departments, Commissions, and the City Council. Throughout the process, the community engagement and outreach strategy and overall schedule will be evaluated and adjusted based on feedback on the strategy, achieving broader participation and relationship building.

A MyFremont website is already in place (see weblink below). Staff has initiated community outreach efforts starting with a booth at the Fremont Earth Day event (on April 22, 2023).

Input into the scope and outreach plan for the ATP has been provided by the Mobility Commission. Other participation opportunities will be provided to City commissions including the Senior Citizens Commission, Youth Advisory Commission, Recreation Commission, Planning Commission, and Environmental Sustainability Commission. Outreach efforts will be conducted in all areas of Fremont (including the development of “area plans” in the City’s north, central, and south areas) and with an extra focus on the Fremont neighborhoods federally designated as “disadvantaged communities” (Cabrillo, Sundale, and Grimmer).

The new ATP will ultimately provide the primary guidance in how the City plans and develops infrastructure enhancements for people walking and bicycling over the next five years, and it will also help to set up the City for future funding opportunities for project implementation. Community outreach related to the ATP is planned to occur during the upcoming summer and fall, a draft plan is proposed for release by early 2024, and with Council action on the new ATP in Spring 2024.

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DISCUSSION/ANALYSIS: On February 14, 2023, the City issued a request for proposal (RFP) for the preparation of the Active Transportation Plan, and the proposal submittal deadline was on March 28, 2023. The City received proposals from the following four firms:

Fehr & Peers, Kittelson & Associates, Inc., The Street Plans Collaborative, Inc., and TJKM Transportation Consultants.

The four proposals were evaluated by a selection panel comprised of City staff based on the following criteria: the firm’s overall understanding of the ATP project scope, the firm’s proposed methodology/scope of services, the firm’s qualifications/relevant experience, proposal feasibility, and the firm’s ability to meet City agreement and insurance requirements. Interviews were conducted with the top three firms on the week of May 1, 2023. Based on the written proposal rating and interview, the consultant team consisting of Fehr & Peers (team leader) and Alta Planning & Design was selected as the top ranked firm for the development of the ATP. The two firms have extensive experience working with the City’s active transportation program, with Fehr & Peers having developed the City’s current Bicycle Master Plan, and with Alta Planning & Design having developed the City’s current Pedestrian Master Plan and Safe Routes to School plans. Both firms have also worked with the City on a number of active transportation project implementations. Fehr & Peers and Alta Planning & Design are both nationally recognized transportation consultant firms with extensive expertise in active transportation planning. Staff believes that the two firms have the necessary experience and knowledge to complete the development of the ATP in a satisfactory manner.

FISCAL IMPACT: Preparation of the ATP has a proposed total cost of $487,159, which includes: the base cost for consultant services ($397,159); consultant service contingencies ($40,000); and staff support costs ($50,000). Preparing a consolidated ATP is more time and cost efficient than past planning efforts that have focused singularly on walking, bicycling, and schools. Funding sources for the project cost are available in the City’s Capital Improvement Program (CIP) and include: an existing appropriation of $199,000 through PWC9049 (Bike and Pedestrian Planning Studies); a reallocation of funds to PWC9049 from PWC9041-515 (Regional Projects Funding Match) in the amount of $200,000; and a reallocation of funds to PWC9049 from PWC8933-531 (Measure BB Project Staff Support) in the amount of $100,000. With the recommended additional reallocation of funds to the project, there will be sufficient funds available for the consultant contract execution and staff time to support the project.

ENVIRONMENTAL REVIEW: The action is not a project as defined by Pub. Res. Code Section 21065, and is exempt from CEQA review per: (1) CEQA Guidelines Section 15378(b)(2), as exempt continuing administrative, policy and procedure making, or maintenance activities; (2) CEQA Guidelines Section 15378(b)(4), as the creation of a government funding mechanism or other government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; (3) CEQA Guidelines Section 15061(b)(3), which exempts projects when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA compliance with respect to the subject action.

Prior to the implementation of various projects identified in the ATP, separate project level environmental analysis and clearance will be conducted.

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WEBLINK: https://www.my.fremont.gov/active-transportation-plan

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Find the proposed action is not a project as defined by Pub. Res. Code Section 21065, and is exempt from CEQA review per CEQA Guidelines Section 15378(b)(2) (administrative activity); CEQA Guidelines Section 15378(b)(4) (fiscal activity); and CEQA Guidelines Section 15061(b)(3) (no significant effect on the environment).

2. Authorize the City Manager or designee to execute a Professional Service Agreement with Fehr & Peers for the development of the Active Transportation Plan in an amount not to exceed $437,159.

3. Reallocate $200,000 from PWC9041-515 to PWC9049-515.

4. Reallocate $100,000 from PWC8933-531 to PWC9049-531.

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Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4941) DOC ID: 4941
Updated: 7/5/2023 10:37 AM by Susan Gauthier Page 1
EMERGENCY FIRE DISPATCH SERVICES – Consideration and Approval of a Five- Year Agreement between the City of Fremont and the Alameda County Fire Department for Fire Dispatch Services through the Regional Emergency Communications Center
Contact Persons:

Name: Zoraida Diaz Heather Mozdean
Title: Fire Chief Deputy Fire Chief
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4281
E-Mail: [email protected] [email protected]

Executive Summary: The Alameda County Fire Department (ACFD), through the Alameda County Regional Emergency Communications Center (ACRECC), is currently providing emergency fire and medical dispatch services to the City of Fremont. The proposed agreement would extend these services through June 30, 2028.

BACKGROUND: On January 16, 2002, the Regents of the University of California, Lawrence Livermore National Laboratory, the County of Alameda, and the City of Alameda entered into a Consortium Agreement to establish, fund and operate the Alameda County Consolidated Dispatch Center (ACRECC) for its members at the Lawrence Livermore National Laboratory. The Center provides 24-hour fire and emergency medical dispatch services, as well as support communication services, to the members of the Consortium. In August 2003, the City of Fremont (City) joined the Consortium, and, in January 2008, the Alameda County Fire Department assumed responsibility for administration and operation of ACRECC. The current agreement with ACFD was extended through June 30, 2023, and the proposed agreement would extend the services for five years, with an option to extend for five additional years.

DISCUSSION/ANALYSIS: ACRECC has been providing services through a formal service agreement with the City and other agencies in Alameda County. Regional participants include the Alameda County EMS Agency, Falck, Camp Parks Fire Departments, and the cities of Alameda, Fremont, Livermore and Pleasanton. Fire and other emergency dispatch services are provided 24-hours a day in accordance with all applicable laws, National Fire Protection Association Codes and Standards, and Medical Priority Dispatch System Standards. The proposed agreement contains these and other performance standards, as well as reporting and audit requirements.

In January 2008, ACFD assumed responsibility for administration and operation of ACRECC, which has an Advisory Board made up of one representative from each of the member agencies and is responsible for developing and reviewing the ACRECC Strategic Plan, its Annual Plan, and the annual operating budget. The operating budget typically includes personnel costs, supplies and services, facilities, information technology, overhead, radio services, and capital improvement project expenditures. Following the adoption of the annual operating budget by the Advisory Board, the annual cost allocation for ACRECC is

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established for each of the regional participants based on each member’s emergency call volume.

In March 2023, the ACRECC Advisory Board approved the FY 2023/24 operating budget f or ACRECC in the amount of $12,383,055. The Center’s budget is allocated proportionately among all ACRECC participants based on their share of the total number of dispatch events in the previous fiscal year. Fremont’s proportion of the FY 2023/24 Dispatch Center budget is $925,578, based on the previous year’s call volume of 17,799.

The term of the proposed service agreement will be from July 1, 2023, through June 30, 2028, subject to annual budget appropriations, with an option to extend for an additiona l five-year term. The agreement also contains termination provisions that will allow the City to terminate the agreement upon 12 months advance notice.

FISCAL IMPACT: Funding for this agreement is included in the adopted FY 2023/24 Fire Department operating budget. Funding for subsequent contract years will be considered by the council in the budget for that particular year.

ENVIRONMENTAL REVIEW: The action is not a project as defined by Pub. Res. Code Section 21065, and is exempt from CEQA review per CEQA Guidelines Section 15378, as an organizational, administrative, policy, and fiscal activity that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Find the proposed action is not a project as defined by Pub. Res. Code Section 21065, and is exempt from CEQA review per CEQA Guidelines Section 15378, as an organizational, administrative, policy, and fiscal activity that will not result in direct or indirect physical changes in the environment.

2. Authorize the City Manager or designee to execute a five-year agreement between the City of Fremont and the Alameda County Fire Department for fire dispatch services including any necessary implementing documents.

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Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4942) DOC ID: 4942
Updated: 7/5/2023 10:40 AM by Susan Gauthier Page 1

FOURTH AMENDMENT FOR ON-CALL TREE TRIMMING, MAINTENANCE & GENERAL GROUNDWORK & DEBRIS MAINTENANCE SERVICES - Authorize the City Manager or her Designee to Execute the Fourth Amendment On-Call Tree Trimming, Maintenance and General Groundwork and Debris Removal Agreement with West Coast Arborists to Increase Contract Compensation to Support City Street Sweeping Operations
Contact Persons:

Name: Andrew Freeman Suzanne Wolf
Title: Business Manager Community Services Director
Div/Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: Authorize the approval of the fourth amendment to the maintenance agreement for on-call tree services to support the City’s street sweeping operations and emergency tree services by increasing compensation for West Coast Arborists in a total amount not to exceed $1,508,850.

BACKGROUND: On March 13, 2018, the City Council approved the initial agreements to address the City’s on-call tree trimming, maintenance and general groundwork and debris removal needs Citywide. Four vendors were selected, via Request for Proposal (RFP) 18 - 012, to address these needs: Brightview Tree Care Services, Imhof, Professional Tree Care Company and West Coast Arborists. Each agreement had an approved contract compensation value not to exceed $250,000 with an expiration date of March 31, 2020.

Additionally, on March 13, 2018 the City Council delegated contract extension authority to the City Manager or designee for up to two additional two-year terms through June 30, 2024.

On December 17, 2019, the City Council increased the compensation and extended the contract terms for two of the vendors, Brightview Tree Services and West Coast Arborists , in an amount not to exceed $350,000 for each vendor through June 30, 2022.

On April 6, 2021, the City Council increased the compensation and extended the contract terms for Brightview Tree Services and West Coast Arborists in an amount not to exceed $525,000 for each vendor through June 30, 2024.

On December 21, 2022, the City Council increased the compensation of West Coast Arborists in an amount not to exceed $650,000.

Staff is requesting an increase in compensation to an amount not to exceed $1,508,850 for West Coast Arborists to perform tree pruning services to 2,000 trees blocking the path of City street sweepers and for on-call emergency tree services.

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DISCUSSION/ANALYSIS: In 2010, the City returned responsibility for maintaining street trees to property owners. The City’s last major city-wide tree pruning effort occurred in the same year (2010). Over the last 13 years City trees have continued to grow. This growth is impacting the City’s ability to properly complete street sweeping activity as the growth (e.g., limbs) is blocking the path of street sweepers to operate. The City’s street sweeping removes pollutants from street surfaces before these contaminants reach storm drains and wash into local water ways. Street sweeping is a key activity in the City’s stormwater pollution effort and prevention work to comply with the Municipal Regional (Stormwater) Permit (MRP). The MRP is issued and enforced by the Regional Water Quality Control Board and applies to the 78 jurisdictions in the Bay Area. Pruning the 2,000 trees blocking street sweeper routes will support the City’s compliance with the MRP.

As needed, West Coast Arborists will work with the City to schedule and perform tree pruning throughout the City. A list of tree sites impeding street sweeping operations will be shared with West Coast Arborists as needed. The one-time tree pruning work to be completed by West Coast Arborists with an estimated cost of $708,850 has an expected cycle of 5 to 7 years. The agreed scope of work with West Coast Arborists included tree service activities, such as pruning, canopy lifting, removal, planting, clearance, debris removal and emergency response.

During the storm damage response of December 2022 to March 2023, the City worked with West Coast Arborists to remove damaged trees from structures, park locations and roadways as well as clearing debris from City streets. As the City prepares for weather related storms for the upcoming fiscal year, staff is requesting that on-call emergency tree services funding be increased by $150,000.

The addition of $708,850 for support of one-time tree pruning to support street sweeping operations plus the addition of $150,000 for the emergency storm response in addition to the existing contractual authority of $650,000 provides a total contractional compensation not to exceed amount of $1,508,850 for West Coast Arborists.

FISCAL IMPACT: The funding for tree pruning services for City street sweeping routes and on-call emergency tree services was approved as part of the Fiscal Year 2023/24 Adopted Operating Budget and the Capital Maintenance Replacement for Parks project (PWC8501).

There is no additional impact to the General Fund.

ENVIRONMENTAL REVIEW: Approval of on-call tree maintenance agreements is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because any environmental impacts associated with any specific tree maintenance activity are speculative at this time, and it is anticipated that compliance with Fremont Municipal Code Chapter 18.218 (Standard Development Requirements) will be sufficient to avoid such impacts. Typical tree maintenance activities will be exempt pursuant to CEQA Guidelines 15301(h) (maintenance of existing landscaping), but further review may be necessary on a case-by-case basis.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager or designee to execute the fourth amendment to the on-call tree trimming, maintenance and general groundwork and

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debris removal service agreements with West Coast Arborists in a total amount not to exceed $1,508,850.

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Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4953) DOC ID: 4953
Updated: 7/5/2023 11:08 AM by Susan Gauthier Page 1
VEHICLE REPAIR AND BUILD-UP SERVICES - Approval of Service Agreements with Classic Graphics for Vehicle Repairs in an Amount Up to $800,000 for a Four- Year Period and with Stommel Inc., DBA Lehr, for Build-up Services in an Amount Up to $1,200,000 for a Four-Year Period. Make Finding of CEQA Exemption.

Contact Persons:

Name: Mark Collins Hans Larsen
Title: Fleet Maintenance Manager Public Works Director
Div/Dept: Maintenance Public Works
Phone: 510-979-5739 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the availability of vendor services to equip and repair City vehicles in a timely manner.

BACKGROUND: The City has a fleet size of approximately 600 vehicles. These vehicles routinely require automotive body repairs and fabrication services. Also, for some new vehicles, particularly for public safety vehicles, they require the installation of specialized equipment and/or customized modifications as part of the vehicle “build-up”. These services exceed the capacity and/or expertise of City Fleet Services staff and are best performed by outside contractors.

Based on past and current trends, year to date vehicle damage costs, and parts and labor costs required to build-up the new vehicles each year, it is estimated that the annual cost for these services will be $200,000 for automotive body repair and fabrication services and $300,000 for the equipment build-up of vehicles. To provide administrative and cost efficiency benefits, it is proposed that the City enter into a four-year service agreement for vehicle support services.

DISCUSSION/ANALYSIS: The existing agreements for vehicle repair and build-up services expire on June 30, 2023. In May, staff solicited bids for both services and received one bid for each service. Staff evaluated the bids, and it was determined that Classic Graphics and Stommel Inc., DBA Lehr, are both qualified and have the means necessary to perform the required services. Both firms provided satisfactory services to the City during the past contract period.

Staff recommends executing the service agreements with the following two companies:

• Classic Graphics for automotive body repair and the fabrication services for the installation of specialized equipment, in an annual amount up to $200,000, and not- to-exceed $800,000 for a four-year period.

• Lehr, for the installation of emergency lighting and other equipment to complete the build-up of public safety and general service vehicles, in an annual amount up to $300,000 and not-to-exceed $1,200,000 for a four-year period.

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The proposed term for both agreements is from July 1, 2023 through June 30, 2027.

FISCAL IMPACT: General Fund maintenance appropriations in the FY 2023/24 Adopted Operating Budget are sufficient to cover the annual vehicle body repair costs. The annual cost of build-up and emergency lighting for replacement vehicles is included in the annual contributions from the General Fund and other operating funds to the Vehicle Replacement Fund, where those costs are appropriated each year based on the vehicle replacement schedule. The cost of build-up and emergency lighting for any new additions to the fleet would be included in the appropriation actions requested along with approval for those ne w vehicle purchases.

ENVIRONMENTAL REVIEW: This item constitutes an administrative and/or maintenance activity, which is not a project that is subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378. Alternatively, the action is exempt from CEQA under Section 15061 (b) (3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute a Service Agreement with Classic Graphics for Automotive Body Repair and Fabrications Services in an annual amount of up to $200,000, and up to $800,000 for a four-year period ending on June 30, 2027.

2. Authorize the City Manager or designee to execute a Service Agreement with Stommel Inc., DBA Lehr, for Emergency Lighting and Other Equipment Installations, in an annual amount of up to $300,000 and up to $1,200,000 for a four-year period ending on June 30, 2027.

3. Find the proposed purchase is not a project as defined by Section 15378 (b) of the California Environmental Quality Act (CEQA), and, alternatively, the action is exempt from CEQA under Section 15061 (b) (3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.

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Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4949) DOC ID: 4949
Updated: 7/5/2023 2:41 PM by Susan Gauthier Page 1

ALAMEDA COUNTY CONTRACT TO SUPPORT YOUTH AND FAMILY
OPPORTUNITY PROGRAMS - Approve and Authorize the City Manager to Execute a $194,010 Agreement for FY 2023/24 with Alameda County Health Care Services Agency to Support Human Services Programs, including the Fremont Family Resource Center Family Support Services program and Youth and Family Services Division's Why Try Cognitive Behavioral Groups program and Appropriate Additional Funds and Making Findings of CEQA Exemption Contact Persons:

Name: Alina Kwak Suzanne Shenfil
Title: Management Analyst II Director
Div/Dept: Human Services Department Human Services Department Phone: 284-4014 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: The Alameda County Health Care Services Agency (ACHCSA) has renewed its commitment to fund the Human Services Department’s Fremont Family Resource Center (FRC), as well as the Youth and Family Services (YFS) Division’s Why Try Behavioral Groups program. Staff recommends the City Council approve and authorize the City Manager to execute an agreement with ACHCSA for $194,010, as well as appropriate an additional $5,671 to equal the contract amount.

BACKGROUND: Since FY 2006/07, ACHCSA has provided Measure A funding to the Human Services Department’s (HSD) Family Resource Center (FRC) to support its infrastructure and family support services as well as additional City programs consistent with the County’s Youth and Family Opportunity (YFO) initiative. The YFO Initiative’s purpose is to strength en the capacity of “anchor” community-based organizations to provide a continuum of integrated, high quality, and accessible school-linked health and wellness supports for youth and families.

DISCUSSION/ANALYSIS: For FY 2023/24, ACHCSA is providing funding to the FRC, as well as the Youth and Family Services (YFS) Division’s Why Try Cognitive Behavioral Groups program.

Fremont Family Resource Center: The FRC provides Family Support Coordinators/social workers who meet with families to assist them with accessing needed resources and providing healthcare coordination and wraparound health and wellness services. The Family Support Coordinators partner with parents and caregivers to assist them with access to health care and health insurance, housing, mental health, immigration services, services for individuals with disabilities, as well as access to other resources. Through these services, the FRC increases families’ access to health and wellness services and helps them to become economically self-sufficient. Family Support Services social workers provide office, virtual, home, and school services and work closely with all three school districts: Fremont Unified School District (FUSD), Newark Unified School District (Newark), and New Haven Union School District (NHUSD) to ensure services are accessible to low-income and uninsured parents and children, connecting all to health care services and coverage.

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Why Try Cognitive Behavioral Groups program: The Why Try program will provide 30 at promise (at-risk youth) - who are first time offenders, on probation, in CalWorks, in the foster care system enrolled in FUSD, Newark, and NHUSD schools, and/or youth who have committed an offense on the school campus - the option of attending the Alternative to Suspension program. Group programming is offered throughout the school year. Group capacity is approximately 6 students per group for a total of 30 youth annually.

The Why Try program is a 4-6 week cognitive behavioral group workshop series throughout the school year in collaboration with the FUSD, Newark, and NHUSD school districts and the County Probation Department.

Why Try is an evidenced-based curriculum based on weekly learning modules and experiential activities that influence positive behavior change, improved so cial relationships and decision-making skills. It will also provide the youth with holistic, wraparound support services and structured service-learning opportunities. All of the youth participants are at- risk for academic failure, continued involvement in the juvenile justice system, alcohol and substance abuse, gang and community violence, and mental health problems. The majority of the youth participants are low to moderate income.

ACHCSA funding for these programs is allocated as follows:

Program Amount
Family Resource Center $182,531
YFS – Why Try Cognitive Behavioral Groups $11,479
Total: Youth and Family Opportunity
Initiative
$194,010

FISCAL IMPACT: ACHCSA is providing $194,010 through June 30, 2024 for the two programs described above. This total includes City administrative overhead costs. In anticipation of this program, the City Council appropriated $188,339 as part of the FY 2023/24 adopted budget. Staff recommends the City Council appropriate an additional $5,671 to cover this agreement.

Program Fund
Current
Appropriation
Contract
Total
Additional
Appropriation
Request
YFO Initiative 179 $188,339 $194,010 $5,671

ENVIRONMENTAL REVIEW: Approval of an agreement to provide funding to the Human Services Departments social services programs is exempt from, and is not a project subject to, review under the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), (4) and/or(5), and/or 15061(b)(3), as it is an administrative or fiscal governmental activity that will have not possibility of causing a significant impact on the physical environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.

ATTACHMENTS: None.

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RECOMMENDATION: Authorize the City Manager or designee to execute an agreement with Alameda County Health Care Services Agency in the amount of $194,010, and appropriate an additional $5,671 to Fund 179 (Support Services – ACHCSA) to cover the agreement as described in the report.

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Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4955) DOC ID: 4955
Updated: 6/29/2023 10:07 PM by Rafael Alvarado Page 1

THIRD AMENDMENT TO THE CITY ATTORNEY EMPLOYMENT AGREEMENT - Consideration of an Amendment to the Employment Agreement between City Attorney Rafael E. Alvarado, Jr. and the City of Fremont Contact Persons:

Name: Tina Gallegos Brian Stott
Title: Human Resources Director Assistant City Manager
Div/Dept: Human Resources City Manager's Office
Phone: 510-494-4652 510-494-4660
E-Mail: [email protected] [email protected]

Executive Summary: As provided for by the City Attorney’s employment contract, the Mayor has requested that the City Attorney receive a five percent (5%) salary adjustment equal to the percentage increase being provided to the City’s miscellaneous represented employees.

BACKGROUND: City Attorney Rafael E. Alvarado, Jr. has been employed by the City of Fremont as City Attorney since February 2022. The City entered into an employment agreement with Mr. Alvarado on January 12, 2022, and that agreement provides that the City Council may grant Mr. Alvarado periodic general wage increases. The Mayor now desires to provide Mr. Alvarado with a five percent (5%) salary adjustment commensurate with the negotiated wage increase provided to miscellaneous represented employees in association with the City’s concluded labor negotiations during 2022.

Mr. Alvarado currently receives an annual salary of $325,237 and a bi-weekly salary of $12,509. If this recommended general wage increase is approved, Mr. Alvarado’s new annual salary will be $341,499 or $13,134 bi-weekly.

FISCAL IMPACT: The annual cost of the recommended five percent (5%) salary adjustment will be $16,261, which will be absorbed primarily by the General Fund with smaller amounts being absorbed by the Integrated Waste Management Fund and the Risk Management Fund.

ENVIRONMENTAL REVIEW: This action is not a project as defined by Pub. Res. Code Section 21065 and CEQA Guidelines Section 15378(b)(2), as an administrative, fiscal, personnel and policy action. The action is further exempt under CEQA Guidelines Section 15378(b)(4), as the creation of a government funding mechanism or other government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

ATTACHMENTS:
• Draft Resolution Third Amendment to City Attorney Employment Agreement

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RECOMMENDATION: Adopt attached Resolution and authorize the Mayor to execute the Third Amendment to the City Attorney’s employment agreement which authorizes a five percent (5%) salary adjustment.

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Resolution 2023-XX Page 1 of 2

DRAFT

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING A THIRD AMENDMENT TO THE EMPLOYMENT

AGREEMENT WITH THE CITY ATTORNEY

WHEREAS, the City Council of the City of Fremont entered into an Employment Agreement with City Attorney Rafael E. Alvarado Jr. on January 12, 2022; and

WHEREAS, on July 12, 2022, the Employment Agreement was amended to provide the City Attorney a cost of living wage increase in the amount of five percent (5%), commensurate with the wage increase provided to management employees in FY 2022/2023, as set forth in the Memorandum of Understanding between the City and the Fremont Association of Management Employees; and

WHEREAS, on April 18, 2023, the Employment Agreement was further amended to provide a merit-based wage increase to Rafael E. Alvarado Jr., as authorized in Sections 3 and 8.B. of the Employment Agreement, in the amount of five percent (5%); and

WHEREAS, the City Council now desires to further amend the Employment Agreement to provide the City Attorney a salary adjustment as authorized in Section 3 of the Employment Agreement, in the amount of five percent (5%), commensurate with the wage increase provided to management employees in FY 2023/2024, as set forth in the Memorandum of Understanding between the City and the Fremont Association of Management Employees.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fremont authorizes the Mayor to execute the Third Amendment to the Employment Agreement with the City Attorney to provide a salary adjustment in the amount of five percent (5%), in a form to be approved by the City Attorney’s Office.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Draft Resolution Third Amendment to City Attorney Employment Agreement (4955 : THIRD AMENDMENT TO THE CITY ATTORNEY

Resolution 2023-XX Page 2 of 2

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk Senior Deputy City Attorney

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Attachment: Draft Resolution Third Amendment to City Attorney Employment Agreement (4955 : THIRD AMENDMENT TO THE CITY ATTORNEY Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4956) DOC ID: 4956
Updated: 6/29/2023 10:01 PM by Rafael Alvarado Page 1

THIRD AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT - Consideration of an Amendment to the Employment Agreement between City Manager Karena McGee Shackelford and the City of Fremont Contact Persons:

Name: Tina Gallegos Brian Stott
Title: Human Resources Director Assistant City Manager
Div/Dept: Human Resources City Manager's Office
Phone: 510-494-4652 510-494-4660
E-Mail: [email protected] [email protected]

Executive Summary: As provided for by the City Manager’s employment contract, the Mayor has requested that the City Manager receive a five percent (5%) salary adjustment equal to the percentage increase being provided to the City’s miscellaneous represented employees.

BACKGROUND: City Manager Karena Shackelford has been employed by the City of Fremont as City Manager since 2021. The City entered into an employment agreement with Ms. Shackelford on October 20, 2021, and that agreement provides that the City Council may grant Ms. Shackelford periodic general wage increases. The Mayor now desires to provide Ms. Shackelford with a five percent (5%) salary adjustment commensurate with the negotiated wage increase provided to miscellaneous represented employees in association with the City’s concluded labor negotiations in 2022.

Ms. Shackelford currently receives an annual salary of $387,584 and a bi-weekly salary of $14,907. If this recommended general wage increase is approved, Ms. Shackelford’s new annual salary will be $406,963 or $15,652 bi-weekly.

FISCAL IMPACT: The annual cost of the recommended five percent (5%) general wage increase will be $19,379 and will be absorbed by the General Fund.

ENVIRONMENTAL REVIEW: This action is not a project as defined by Pub. Res. Code Section 21065 and CEQA Guidelines Section 15378(b)(2), as an administrative, fiscal, personnel and policy action. The action is further exempt under CEQA Guidelines Section 15378(b)(4), as the creation of a government funding mechanism or other government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

ATTACHMENTS:
• Draft Resolution Third Amendment to City Manager Employment Agreement

RECOMMENDATION: Adopt attached Resolution and authorize the Mayor to execute the Third Amendment to the City Manager’s employment agreement which authorizes a five percent (5%) salary adjustment.

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Resolution 2023-XX Page 1 of 2

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING A THIRD AMENDMENT TO THE EMPLOYMENT

AGREEMENT WITH THE CITY MANAGER

WHEREAS, the City Council of the City of Fremont entered into an Employment Agreement with City Manager Karena McGee Shackelford on October 20, 2021; and

WHEREAS, on July 12, 2022, the Employment Agreement was amended to provide the City Manager a cost of living wage increase in the amount of five percent (5%), commensurate with the wage increase provided to management employees in FY 2022/2023, as set forth in the Memorandum of Understanding between the City and the Fremont Association of Management Employees; and

WHEREAS, on December 13, 2022, the Employment Agreement was further amended to provide a merit -based wage increase to Karena McGee Shackelford as authorized in Sections 3 and 8.B. of the Employment Agreement, in the amount of five percent (5%); and

WHEREAS, the City Council now desires to further amend the Employment Agreement to provide the City Manager a salary adjustment as authorized in Section 3 of the Employment Agreement, in the amount of five percent (5%), commensurate with the wage increase provi ded to management employees in FY 2023/2024, as set forth in the Memorandum of Understanding between the City and the Fremont Association of Management Employees.

NOW, THEREFORE, BE IT RESOLVE D that the City Council of the City of Fremont authorizes the Mayor to execute the Third Amendment to the Employment Agreement with Karena McGee Shackelford to provide a salary adjustment in the amount of five percent (5%), in a form to be approved by the City Attorney.

ADOPTED ___________, 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 Third Amendment to City Manager Employment Agreement (4956 : THIRD AMENDMENT TO THE CITY MANAGER

Resolution 2023-XX Page 2 of 2

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution Third Amendment to City Manager Employment Agreement (4956 : THIRD AMENDMENT TO THE CITY MANAGER Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Property Acquisitions & Dispositions

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4952) DOC ID: 4952
Updated: 7/5/2023 11:00 AM by Susan Gauthier Page 1
WASHINGTON BOULEVARD STREET VACATION - Public Hearing (Published Notice) and Adoption of a Resolution to Vacate a Portion of Washington Boulevard Located Near Ellsworth Street – PLN2023-00087 Contact Persons:

Name: Yiu Kei Louie Hans Larsen
Title: Engineer II (Civil) Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4727 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate vacating a portion of Washington Boulevard to support development of the Mission Paradise project located in Council District 5.

BACKGROUND: The business entity known as “6021 Wei Ying LLC” is the property owner and developer of the 0.66-acre site located at 270 Washington Boulevard, commonly known as Mission Paradise (“Developer”). Developer has requested the vacation of a portion of Washington Boulevard near Ellsworth Street (see Exhibit A). The portion of Washington Boulevard to be vacated is currently used as a sidewalk, approximately 200 feet in length and 7 feet in width, and was acquired by the City by deed recorded on October 13, 1972.

Staff has determined this portion of Washington Boulevard is no longer needed as a public street/sidewalk and is unnecessary for present or prospective public use. A relocated sidewalk along Washington Boulevard will be constructed as a condition of the Mission Paradise development.

On July 28, 2022, the Planning Commission approved a Vesting Tentative Tract Map 8487 to allow the development of Mission Paradise, a mixed-use condominium subdivision consisting of 13 residential units and 3,050 square-feet of commercial condominium floor area. As a Condition of Approval, the City required the Developer to apply to the City for general vacation of the portion of Washington Boulevard along the project frontage and to relocate the sidewalk. On June 6, 2023, the City Council approved an action to initiate the street vacation process and set a public hearing for July 11, 2023.

DISCUSSION/ANALYSIS: The City Council may initiate the proceedings to vacate portions of excess right-of-way in accordance with Section 8320 of the Streets and Highways Code of the State of California.

On July 28, 2022, the Planning Commission found that the proposed vacation of a portion of Washington Boulevard is in conformance with the General Plan as required by Streets and Highways Code Section 8313 of the State of California and Section 65402 of the Government Code.

All concerned utility companies have consented to the proposed vacation and have not made a request for reservation of any public easements.

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Council Staff Report (ID # 4952) Meeting of July 11, 2023 Updated: 7/5/2023 11:00 AM by Susan Gauthier Page 2
The title report indicates that the City of Fremont owns the underlying fee interest of the area proposed to be vacated. The developer has agreed to acquire the vacated right-of-way for $35,000 which is the fair market value as determined by an independent third - party appraiser.

Notice of the City Council public hearing to consider vacation of a portion of Washington Boulevard was published in the Tri-City Voice for two consecutive weeks prior to the hearing, and signs notifying the public of the public hearing were posted along the right of way to be vacated at least two consecutive weeks prior to the hearing in conformance with Streets and Highways Code Sections 8322 and 8323. No new information regarding this proposed vacation has been received since the June 6, 2023 Council meeting.

FISCAL IMPACT: The sale and transfer of the vacated portion of Washington Boulevard would result in proceeds of $35,000 being paid to the City. Streets and Highways Code Section 8357 specifies that the purchase price shall be credited to any fund available for the same purposes for which the property being vacated was used. Proceeds from the sale will be credited to the General Fund.

ENVIRONMENTAL REVIEW: The vacation is categorically exempt from environmental review as a minor alteration in land use limitations pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15305. Furthermore, as detailed in the July 28, 2022 Planning Commission staff report, the project, including the proposed vacation, is categorically exempt pursuant to CEQA Guidelines Section 15332, Infill Development Projects, and not subject to further environmental review pursuant to CEQA Guidelines Section 15183 since the project is consistent with the development density and intensity established by a community plan, general plan or zoning for which an EIR was previously certified.

ATTACHMENTS:
• 2023.07.11 - Draft Resolution, Washington Boulevard General Vacation (Final) • Exhibit A – Plat & Legal Description

RECOMMENDATIONS:

1. Conduct a public hearing.

2. Adopt a resolution that:
a. Orders the vacation of a portion of Washington Boulevard as depicted and described in Exhibit A, and conditioned upon the City’s receipt of a $35,000 payment for the fair market value of the area to be vacated;
b. Authorizes the sale of the land;
c. Authorizes the City Manager or designee to execute a grant deed conveying the area to be vacated as shown in Exhibit A to 6021 Wei Ying LLC, a California Limited Liability Company, or its successor(s) in interest at the fair market value of $35,000; and
d. Makes findings, including findings of CEQA exemption.

3. Direct staff to recognize the sale proceeds as revenue in the General Fund.

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Resolution 2023-XX Page 1 of 3 DRAFT

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING A GENERAL VACATION OF A SURPLUS PORTION OF

WASHINGTON BOULEVARD BETWEEN ELLSWORTH STREET AND

BRYANT STREET IN THE MISSION SAN JOSE COMMUNITY PLAN AREA

WHEREAS, Streets and Highways Code Sections 8320 et seq., provide for the general vacation of streets or portions therefor, which are no longer needed for present or prospective public use; and

WHEREAS, the City is considering a general vacation of a portion of Washington Boulevard right-of-way (“Surplus Right-of-Way”) as depicted on Exhibit “A” (Plat and Legal Description), that is attached to this Resolution and incorporated herein; and

WHEREAS, Washington Boulevard was acquired by the City by deed recorded on October 13, 1972 ; and

WHEREAS, pursuant to Section 8324 of the California Streets and Highways Code, a general vacation may be approved by the City Council if it finds that a street, or portion thereof, is unnecessary for present or prospective public use; and

WHEREAS, the City Council has considered the information contained in the staff report dated July 11, 2023 (the “Staff Report”) setting forth the reasons for the general vacation of the Surplus Right-of-Way, as well as all other information presented at the public hearing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:

SECTION 1. The City Council, based upon the Staff Report and all other information submitted, makes the following findings and determinations:

A. On July 28, 2022, pursuant to Fremont Municipal Code Section 2.20.310(b), the Planning Commission found that the proposed vacation of a portion of Washington Boulevard is in conformance with the General Plan as required by Streets and Highways Code Section 8313 of the State of California and Section 65402 of the Government Code on July 28, 2022.

B. On June 6, 2023, the City Council scheduled this matter for a public hearing on July 11, 2023 .

C. Notice of the City Council public hearing to consider the vacation of a portion of Washington Boulevard was published for two consecutive weeks in the Tri-City Voice, and signs notifying the public of the public hearing were posted along the areas to be vacated

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Attachment: 2023.07.11 - Draft Resolution, Washington Boulevard General Vacation (Final) (4952 : WASHINGTON BOULEVARD STREET Resolution 2023-XX Page 2 of 3 and reserved at least two consecutive weeks prior to the hearing in conformance with Streets and Highways Code Sections 8322 and 8323.

D. On July 28, 2022, the Planning Commission approved a Vesting Tentative Tract Map 8487 to allow the development of a mixed-use condominium subdivision, commonly known as Mission Paradise, consisting of 13 residential units and 3,050 square -feet of commercial floor area. As a Condition of Approval, the developer is required to seek City Council approval for the City to vacate a portion of Washington Boulevard along the project frontage.

E. All concerned utility companies have been notified and consented to the proposed vacation with the condition that any existing public utilities will either be relocated at the developer’s expense or remain in place with appropriate easements on the final map.

F. The portion of Washington Boulevard proposed for vacation is unnecessary for present or prospective public use. The portion of Washington Boulevard proposed for vacation was dedicated to the City by deed recorded on October 13, 1972. The project site block of Washington Boulevard features curb line that is not in alignment with the blocks immediately to its east and west by approximately seven feet. The Mission Paradise development will relocate the curb line and the sidewalk along the project frontage on Washington Boulevard to be in alignment with the adjacent blocks. As such, the subject portion of Washington Boulevard is no longer necessary for future public use.

G. The portion of Washington Boulevard proposed for vacation would not be useful as a non-motorized transportation facility because the Mission Paradise development will relocate the sidewalk outside of the area to be vacated.

H. The vacation is categorically exempt from environmental review as a minor alteration in land use limitations pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15305. Furthermore, as detailed in the July 28, 2022 Planning Commission staff report, the project, including the proposed vacation, is categorically exempt pursuant to CEQA Guidelines Section 15332, Infill Development Projects, and not subject to further environmental review pursuant to CEQA Guidelines Section 15183 since the project is consistent with the development density and intensity established by a community plan, general plan or zoning for which an EIR was previously certified.

SECTION 2. Based upon the findings made in Section 1 of this Resolution and the provisions of Section 8324 of the California Streets and Highways Code, the City Council hereby orders the vacation of the Surplus Right-of-Way as shown on Exhibit A, conditioned upon City receipt of a $35,000 payment for the fair market value of the area to be vacated.

SECTION 3. The City Council authorizes the City Manager or designee to execute the grant deed conveying the area to be vacated. The City Council directs that this Resolution of street vacation and the deed from the City conveying the vacated area be deposited into an informal escrow with the City and, upon the City Engineer’s determination that the City has received payment of

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Attachment: 2023.07.11 - Draft Resolution, Washington Boulevard General Vacation (Final) (4952 : WASHINGTON BOULEVARD STREET Resolution 2023-XX Page 3 of 3 $35,000 for the area to be vacated, that the documents be recorded together at the office of the Alameda County Recorder in the following order:

A. Resolution of Street Vacation PLN2023-00087.

B. Deed conveying the vacated street to 6021 Wei Ying LLC or its successor in interest.

SECTION 4. The City Clerk shall cause a certified copy of this Resolution attested under seal, including Exhibit A, to be recorded in the office of the County Recorder of Alameda County and return one copy each to the Planning Division of the Community Development Department and the Engineering Division of the Public Works Department for their respective files.

SECTION 5. The Surplus Right-of-Way described in Exhibit A will no longer constitute a public street from and after the date of recordation of this Resolution.

ADOPTED ___________, 2023 by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

5.A.a
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Attachment: 2023.07.11 - Draft Resolution, Washington Boulevard General Vacation (Final) (4952 : WASHINGTON BOULEVARD STREET EXHIBIT A (1 of 2)5.A.b
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Attachment: Exhibit A – Plat & Legal Description (4952 : WASHINGTON BOULEVARD STREET VACATION) ”
EXHIBIT A (2 of 2)

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Attachment: Exhibit A – Plat & Legal Description (4952 : WASHINGTON BOULEVARD STREET VACATION) Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Manager's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4958) DOC ID: 4958
Updated: 7/5/2023 11:15 AM by Susan Gauthier Page 1
CEREMONIAL FLAG DISPLAY - Consideration of Procedures and Guidelines Outlining the Display of Ceremonial Flag Commemorating Special Observances in Response to Council Direction Provided on February 21, 2023 Contact Persons:

Name: Allen DeMers Amanda Gallo
Title: Assistant to the City Manager Management Analyst II Div/Dept: City Manager's Office City Manager's Office
Phone: 510-494-4651 510-284-4016
E-Mail: [email protected] [email protected]

Executive Summary: At the February 21, 2023 City Council meeting, the Council directed staff to develop a ceremonial flag policy commemorating special observances that includes a process for an annual rotation of five ceremonial flag observances each year along with criteria to assist them in choosing those ceremonial flag displays. The Council further directed staff to plan for and conduct five ceremonial flag observances each year as part of a comprehensive calendar of such events. This report provides an overview of staff’s recommended ceremonial flag display criteria calendar of observances.

BACKGROUND: On December 20, 2022, the Council approved a referral for the request to display a flag in celebration of Black History Month in February 2023. At this meeting, the Council also requested staff conduct research and analysis to support the development of a policy outlining ceremonial flag displays to honor special observances to complement the already existing procedures associated with the display of the United States Flag and State of California Flag.

At the January 10, 2023, City Council meeting, Council discussed an additional flag related referral contemplating additional flag display events. Council took no action in anticipation of staff drafting ceremonial flag display procedures for Council consideration.

At the February 21, 2023, Council meeting, Council reviewed a report including flag display policy research and recommendations for ceremonial flag observance approvals and procedures. At that meeting, the Council approved a motion accepting the staff report and directing staff to develop a ceremonial flag policy that: (1) allows Council to adopt a n annual calendar of five Ceremonial Flag Displays, (2) develops a process to rotate five different events per year to ensure that a variety of observances can be accommodated, and (3) establishes criteria for determining which ceremonial flags will be selected.

DISCUSSION/ANALYSIS: Consistent with Council direction, this report presents recommendations by which Council could adopt, by Council resolution, a calendar of five ceremonial flag display events per year. The recommended ceremonial flag calendar would memorialize the dates of each ceremonial flag observance. Staff recommends that ceremonial flags be displayed for an adequate amount of time to honor each observance; usually no more than 31 days. Staff is recommending that Council adopt a schedule of five annual observances at a Fall City Council meeting in upcoming calendar years.

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Council Staff Report (ID # 4958) Meeting of July 11, 2023 Updated: 7/5/2023 11:15 AM by Susan Gauthier Page 2
Observance Selection Criteria
Staff researched local agency policies and developed a list of potential special flag observances using the following criteria:

(1) The special observance is aligned with the City of Fremont’s designation as a compassionate city and honors initiatives aligned with the goals of diversity, equi ty, and inclusion.
(2) The special observance is a State of California or Federally recognized observance or heritage month.
(3) The special observance is not related to a religious holiday nor does the special observance commemorate a specific individual.
(4) The special observance is associated with a flag that can be acquired by the City to be displayed on the City’s standard flagpole. Ceremonial flag observances will only be displayed at the flagpole in front of City Hall, and not at any other City facilities. (5) The ceremonial flag can be displayed for no less than five days and no more than 31 days.
(6) The adopted observance period will not overlap with conflicting observances in a single calendar year. If there is an overlap in the observance periods, the Council or City Manager will organize the calendar to alternate observances in successive years.

Federal and local directives regarding flag procedures, such as honoring the flag at half - staff, will take precedent over ceremonial flag displays.

The following ceremonial observances generally meet all of the above criteria for Council consideration:
• Black History Month
• Women’s History Month
• Arab American Heritage Month
• Asian American and Native Hawaiian/Pacific Islander Heritage Month • Jewish American Heritage Month
• LGBTQ+ Pride Month
• Caribbean-American Heritage Month
• Hispanic Heritage Month
• Disability Awareness Month
• Native American Heritage Month

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Council Staff Report (ID # 4958) Meeting of July 11, 2023 Updated: 7/5/2023 11:15 AM by Susan Gauthier Page 3
Scheduling Option 1- Equal Rotation of Observances

In reliance on staff’s recommended criteria, a rotational schedule has been identified which would allow the City to honor each identified observance on an equal rotational basis. This scheduling model would rotate five ceremonial flag observances each year and would advise staff of which five would be honored in each respective calendar year.

Proposed Ceremonial Flag
Observance

Dates of Observance

Schedule for
Observance
Black History Month February 1- February 28 Odd Year Observance Women’s History Month March 1- March 30 Odd Year Observance Arab American Heritage Month April 1- April 30 Even Year Observance Asian American and Native
Hawaiian/Pacific Islander
Heritage Month
May 1- May 31 Even Year Observance
Jewish American Heritage
Month
May 1- May 31 Odd Year Observance
LGBTQ+ Pride Month June 1- June 30 Odd Year Observance
Caribbean-American Heritage
Month
June 1- June 30 Even Year Observance
Hispanic Heritage Month September 15- October 15 Odd Year Observance Disability Employment
Awareness Month
October 1- October 31 Even Year Observance
Native American Heritage
Month
November 1- November 30

Even Year Observance

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Council Staff Report (ID # 4958) Meeting of July 11, 2023 Updated: 7/5/2023 11:15 AM by Susan Gauthier Page 4
Scheduling Option 2- Partial Rotation

Staff is aware that the City Council may desire that certain ceremonial flag observances, such as Black History Month (pursuant to recent Council direction) and LGBTQ+ Pride Month (pursuant to past practice), to occur annually and may not wish to rotate those observances. In recognition of this potential interest, staff is providing an alternative option for Council consideration. This model would adopt a comprehensive ceremonial flag display calendar of five observances that includes annual ceremonial flag observance of Black History Month and LGBTQ+ Pride Month while rotating observances through the remaining three authorized ceremonial flag observance months.

Proposed Ceremonial Flag
Observance

Dates of Observance

Schedule for
Observance
Black History Month February 1- February 28 Annual Observance Women’s History Month March 1- March 30 Biennial Rotation Arab American Heritage Month April 1- April 30 Biennial Rotation Asian American and Native
Hawaiian/Pacific Islander
Heritage Month
May 1- May 31 Biennial Rotation
Jewish American Heritage
Month
May 1- May 31 Biennial Rotation
LGBTQ+ Pride Month June 1- June 30 Annual Observance
Hispanic Heritage Month September 15- October 15 Biennial Rotation Disability Employment
Awareness Month
October 1- October 31 Biennial Rotation
Native American Heritage
Month
November 1- November 30

Biennial Rotation

The City Council may also choose to direct staff to implement any other combination of annual observances if it does not wish to accept either staff recommendation.

It is important to note that the Council can and will continue to conduct other recognition related activities separate and distinct of ceremonial flag observances. Such recognitions include but are not limited to designations through ceremonial resolution, proclamations, certificates of recognition or appreciation, and/or special presentations at a City Council meeting. Once a calendar is adopted, at the direction of the City Manager, City staff will acquire, store, raise and lower the special observance flags as is consistent with prior Council action.

FISCAL IMPACT: Approximately $3,500 per year in staff and material expense.

ENVIRONMENTAL REVIEW: None.

ATTACHMENTS: None.

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Council Staff Report (ID # 4958) Meeting of July 11, 2023 Updated: 7/5/2023 11:15 AM by Susan Gauthier Page 5

RECOMMENDATION: Receive staff report and provide direction to staff to establish a calendar of ceremonial flag observances using one of staff’s proposed options (or via other direction not contemplated by staff):

1. Annually adopt a comprehensive ceremonial flag display calendar that rotates five ceremonial flag observances each year and would advise staff of which five would be honored in each respective calendar year.

Or

2. Annually adopt a comprehensive ceremonial flag display calendar of five observances that includes annual ceremonial flag observance of Black History Month and LGB TQ+ Pride Month while rotating observances through the remaining three authorized ceremonial flag observances.

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