Agenda packet, regular meeting — Fremont City Council, October 17, 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
Allen DeMers, Deputy City Manager

Geneva Bosques, Communications and
Legislative Affairs Director
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
October 17, 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

Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and
information by staff followed by City Council questions and inquiries. The applicant, or their authorized
representative, or interested citizens, may they speak
on the item; each speaker may only speak once to each
item. At the close of public discussion, the item will be considered by the City Council and action taken. Items
on the agenda may be moved from the order listed.

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

Spoken Public Communications and/or
Public Comment is limited to speakers
attending the meeting in-person in
City Council Chambers.

Agenda and Report - Fremont City Council Meeting - October 17, 2023

October 17, 2023 Fremont City Council Agenda Page 2
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING.

The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which provides a link to the live stream; or, via Comcast Channel 27.

Please note at this time, Channel 27 is only available to Comcast cable subscribers. The public may also view the meeting via Zoom, or attend in-person in the Council Chamber. The lobby doors open approximately 15 minutes prior to the start of the meeting. The public is strongly encouraged but not required to wear masks.

Attending October 17, 2023 Council meeting online via Zoom https://us06web.zoom.us/j/88354153703 Webinar ID: 883 5415 3703.

Addressing the Council

Spoken Public Communications / Public Comment is limited to persons attending the Council Meeting in the City Council Chambers.

How to submit Public Communications / Public Comment by email prior to the meeting:

Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number & letter, and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number/letter, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit, submit the pdf formatted document(s) to the email above by the noted deadline.

Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

How to provide Spoken Public Comment during the meeting for items on the agenda:

Attend meeting in-person in the Council Chamber, fill out a “Request to Speak – Speaker Card” with the agenda item number & letter, and submit to the City Clerk. When the Mayor calls for the item on which you wish to speak, step to the podium to address the City Council. Please limit your remarks on matters related to the agency and to the time limit allotted.

How to provide Spoken Public Comment during the meeting for items not on the agenda (Oral Communications):

Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Attend the meeting in-person in the Council Chamber and submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor may limit the time allotted for public speakers, and each speaker may only address the Council once on each agenda item.

The City Council Agendas may be accessed online: https://www.fremont.gov/government/agenda-center

Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.

Information about the City or items scheduled on the Agenda and Report may be referred to:

Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact the City Clerk’s Office at (510) 284-4060 or [email protected] at least two working days prior to the meeting for assistance.

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

October 17, 2023 Fremont City Council Agenda Page 3
Agenda
Fremont City Council Regular Meeting
October 17, 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 – for the Regular Meeting of September 12, 2023 and the Regular Meeting of September 19, 2023
Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

RECOMMENDATION: Approve minutes.

C. ALAMEDA COUNTY HOUSING COMMUNITY SUPPORTS CONTRACT - Authorize the City Manager to Execute an Agreement to Provide Housing Transition Navigation and Housing Tenancy and Sustaining Services 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]

October 17, 2023 Fremont City Council Agenda Page 4
RECOMMENDATIONS:

1. Authorize the City Manager or her designee to execute a service agreement with Alameda County not to exceed $290,000.

2. Find that the action is exempt from CEQA pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), (4) and/or (5) and/or 15061(b)(3), each as a separate and independent basis for CEQA exemption, as it is a fiscal or administrative activity of a government agency that has no possibility, either directly or indirectly, to cause a significant effect on the environment.

D. STORMWATER TREATMENT DEVICE MAINTENANCE CONTRACT
AMENDMENT- Amend Contract with SWIMS for Annual Inspection and Maintenance Services of 15 Vault-Based Stormwater Treatment Devices Located on City Property and Right of Way
Contact Persons:

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

RECOMMENDATION: Authorize the City Manager, or designee, to execute a contract amendment with SWIMS (Storm Water Inspection and Maintenance Services) for annual inspections and maintenance services of the City’s vault-based stormwater treatment devices not-to-exceed $213,555, expiring June 30, 2025.

E. ADOPT MINOR REVISIONS TO THE PREVIOUSLY ADOPTED CENTERVILLE

COMMUNITY PARK MASTER PLAN, AND FINDINGS FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (PWC8392) - Adopt Minor Revisions to the Previously Adopted Master Plan for Centerville Community Park, PWC8392, and find that, pursuant to CEQA Guideline 15162, no further CEQA review Is necessary
Contact Persons:

Name: Mark Mennucci Suzanne Wolf
Title: Senior Landscape Architect Community Services Director Dept: Landscape Architecture Community Services
Phone: 510-494-4530 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Adopt the minor revisions made to the previously approved Master Plan for Centerville Community Park, PWC8392, as shown in Exhibit 1.

2. Find that, the project is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15162 as the minor revisions to the Centerville Community Park Master Plan will not result in new impacts or substantial changes to the Project or circumstances under which the Project is undertaken that were not analyzed in the Mitigated Negative Declaration (MND) adopted by the City Council on May 14, 2002.

October 17, 2023 Fremont City Council Agenda Page 5
F. WALNUT AVENUE PHASE 2 BIKEWAY GRANT FUNDING - Accept and Appropriate Grant from the Safe Routes to BART Program in the Amount of $1,500,000 for the Walnut Avenue Phase 2 Bikeway Project (PWC9110) and Authorize the City Manager to Execute a Grant Agreement and Associated Documents
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]

RECOMMENDATION: Approval of the following actions related to the Walnut Avenue Phase 2 Bikeway Project (PWC9110):

1. Authorize the City Manager or designee to accept the SR2B grant and to execute any associated grant agreements or documents.

2. Appropriate $1,500,000 in SR2B grant funds to PWC9110-571.

3. Find the action is exempt from CEQA review per CEQA Guidelines, section 15378.

3. Ceremonial Items
A. Proclamation: Hispanic Heritage Month
B. Proclamation: Filipino American History Month

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. RENT REVIEW ORDINANCE ANNUAL REPORT AND PROGRAM FEE – Public Hearing (Published Notice) to Review the Annual Report on the Rent Review Ordinance and Adopt the FY 2023/24 Annual Fee
Contact Persons:

Name: Robert Lopez Suzanne Shenfil
Title: CDBG Administrator Director
Dept: Human Services Department Human Services Department Phone: 510-574-2043 510-574-2051
E-Mail: [email protected] [email protected]

October 17, 2023 Fremont City Council Agenda Page 6
RECOMMENDATIONS:

1. Receive the Rent Review Ordinance Annual Report;

2. Hold a public hearing;

3. Authorize a fee of $14 per residential rental unit in FY 2023/24 to recover the costs of the Rent Review Program; and

4. Adopt a resolution to amend the Master Fee Schedule to modify the Rent Review Program Fee.

6. Other Business - None.

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
October 17, 2023 Fremont City Council Agenda Page 7

ACRONYMS

ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET

Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program

ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment

October 17, 2023 Fremont City Council Agenda Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 October 17, 2023 7:00 p.m. City Council Meeting Council Chambers Live
October 24, 2023 CANCELLED: CC/FUSD
Liaison Committee Meeting
Monday,
October 30, 2023 5:30 p.m. CC/FUSD Joint Meeting Council Chambers 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 City 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
January 2, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
January 9, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
January 16, 2024 7:00 p.m. City Council Meeting Council Chambers Live
January 23, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
January 30, 2024 No City Council Meeting (5th
Tuesday)

Fremont City Council Meeting: 10/17/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5024) DOC ID: 5024
Updated: 10/13/2023 9:32 AM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Regular Meeting of September 12, 2023 and the Regular Meeting of September 19, 2023
Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Div/Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

APPROVAL OF MINUTES – for the Regular Meeting of September 12, 2023 and the Regular Meeting of September 19, 2023.

ATTACHMENTS:
• Draft Minutes

RECOMMENDATION: Approve minutes.

2.B
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*Consent Items

Page 1 ends

MINUTES

FREMONT CITY COUNCIL MEETING
SEPTEMBER 12, 2023

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:00 p.m.

B. Flag Salute: Councilmember Campbell led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng, Campbell, Shao, and Salwan. Councilmember Kassan arrived at 7:04 p.m.

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Karena Shackelford shared community announcements and introduced City Staff.

E. Report Out of Closed Session – None.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

* B. Mayor Mei opened consideration of Approval of Minutes

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council approved minutes for the Special and Regular Meetings of June 20, 2023, the Special and Regular Meetings of July 11, 2023, the Regular Meeting of July 18, 2023, and the Special Meeting of August 15, 2023

2.B.a
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Attachment: Draft Minutes (5024 : Approval of Minutes - 2023-09-12 - 2023-09-19)

*Consent Items

Page 2 ends

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

* C. Mayor Mei opened considerati on of A Report of Actions Taken by the City Manager during Council Recess, July 19, 2023 through September 4, 2023

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council received report acknowledging actions taken by the City Manager or designee during the recess.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

* D. Mayor Mei opened consideration of Approval to Execute a Th ird Amendment to Contract with Alameda County Probation Department for Juvenile Justice Crime Prevention Act (JJCPA) Grant Funded Trauma-Focused Mental Health and Parenting Classes Provided by the Human Services Department’s Youth and Family Services Division for FY 2023/34; and a First Amendment to Subcontract with Seneca Family of Agencies (Seneca), and Make Findings of CEQA Exemption

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:

1. Authorized the City Manager or her designee to execute a Third Amendment with Alameda County Probation Department in the amount of $63,084, increasing the total not to exceed amount from $278,616 to $341,700 over the term of the agreement for the purpose of allowing the City to continue to provide the youth group and parenting programs through June 30, 2024;

2. Appropriated an additional $10,955, as described in the report, to equal the actual amendment amount of $63,084; and

3. Authorized the City Manager or her designee to execute an Amendment to a sub-contract with Seneca, for the additional amount of $45,564, increasing the not to exceed amount to $154,998 over the term of the agreement.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

2.B.a
Packet Pg. 11
Attachment: Draft Minutes (5024 : Approval of Minutes - 2023-09-12 - 2023-09-19)

*Consent Items

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* E. Mayor Mei opened considera tion of Approval to execute a Second Amendment to a Master Service Contract, under a Joint Powers Agreement with Alameda County Probation Department for Programs Supporting At-Risk Youth and Families, through December 31, 2023 and Making Findings of CEQA Exemption

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council authorized the City Manager or her designee to execute a Second Amendment to a multi-year joint powers agreement for the additional amount of $221,000, and a total not to exceed amount of $2,431,000 over the term of the Contract, with Alameda County to provide delinquency intervention and prevention services for at-risk youth and families in Fremont and Newark.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

* F. Mayor Mei opened consideration of Approval to Adopt a Reso lution Authorizing the City Manager to Execute a FY 2023/24 Contract with the California Department on Aging to Provide Multipurpose Senior Services Program (MSSP) and Making Findings of CEQA Exemption

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council adopted Resolution No. 2023-46 authorizing the City Manager or her designee to execute the contract MS-2324-37 with the California Department on Aging to provide MSSP services for FY 2023/24 in an amount not to exceed $546,312.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

* G. Mayor Mei opened consideration of Approval to Accept and A ppropriate the Local Agency Technical Assistance Grant Funds in the amount of $500,000 to assist with pre- construction expenses that facilitate development of broadband network deployment to unserved and underserved constituents in the City of Fremont.

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:

1. Accept the LATA funding in the amount of $500,000.

2. Recognize the grant revenue and appropriate $500,000, as wel l as any additional supplemental funding, in the Federal Operating Grants Fund (Fund 199).

3. Authorize the City Manager or designee to execute all necessary agreements and documents in connection with the grant award.

2.B.a
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Attachment: Draft Minutes (5024 : Approval of Minutes - 2023-09-12 - 2023-09-19)

*Consent Items

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Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

* H. Mayor Mei opened consideration of Approval to Accept and A ppropriate the State of California Department of Housing & Community Development funding grant in the amount of $1,500,000 for the Commercial District Wi-Fi Access Expansion Project (State Funding Grant)

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person(s) commented: Kelly Abreu. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Vice Mayor Cox, seconded by Councilmember Campbell, the City Council:

1. Accepted the HCD grant funding in the amount of $1,500,000;

2. Appropriated $1,500,000, as well as any additional supplemen tal funding, to the Commercial District Wi-Fi Access Expansion Project – PWC9108-525; and

3. Authorized the City Manager or designee to execute all necessary agreements and documents in connection with the grant award.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

* I. Mayor Mei opened consideration of Approval to Accept and A ppropriate the U.S.

Department of Housing and Urban Development funding grant in the amount of $1,500,000 for the Commercial District Wi-Fi Access Expansion Project (Federal Funding Grant)

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:

1. Accepted the HUD grant f unding in the amount of $1,500,000;

2. Appropriated $1,500,000, as well as any additional supplemen tal funding, to the Commercial District Wi-Fi Access Expansion Project – PWC9108-522; and

3. Authorized the City Manager or designee to execute all necessary agreements and documents in connection with the grant award.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

2.B.a
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Attachment: Draft Minutes (5024 : Approval of Minutes - 2023-09-12 - 2023-09-19)

*Consent Items

Page 5 ends

* J. Mayor Mei opened considera tion of Approval to Authorize the City Manager to Purchase Motorola Portable Radios for the Fire Department from Telepath Corporation Through a Cooperative Agreement with HGAC-Buy, for an amount not to exceed $110,000

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council authorized the City Manager or Designee to issue a purchase order to Telepath Corporation for an amount not to exceed $110,000 to purchase Motorola Portable Radios through a cooperative agreement with HGAC-Buy.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

* K. Mayor Mei opened consideration to Approve and Authorize th e City Manager or Designee to Execute a Service Agreement for Recreation Division Printing Services with Folger Graphics (Printing and Mailing Service)

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council awarded the agreement and authorized the City Manager or designee to execute a five-year contract, through June 30, 2028, with Folger Graphics in an amount not-to-exceed $125,000 annually, with up to a 5% annual Consumer Price Index adjustment that the City may consider, for a total not-to-exceed amount of $691,000.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

* L. Mayor Mei opened consideration to Adopt a Resolution Autho rizing the Submittal of Applications for CalRecycle Grant and Payment Programs, Authorizing the Execution of Any Documents to Accept CalRecycle Funding, and Authorizing the Implementation of the Grant or Payment Program Project (STATE RECYCLING GRANTS)

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council adopted Resolution No. 2023-47 authorizing the City Manager or her designee to submit CalRecycle grant and payment program applications, execute all documents necessary to secure funds, and implement CalRecycle grants and payment programs through September 12, 2028.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

2.B.a
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Attachment: Draft Minutes (5024 : Approval of Minutes - 2023-09-12 - 2023-09-19)

*Consent Items

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* M. Mayor Mei opened consideration of Approval of Plans and Sp ecifications and Award of Contract to Diablo Roofing, Inc. in the amount of $3,318,210 (including 15% Contingency) for the City Hall Buildings A & B Roof Replacement Project (PWC9095); Exempt from Environmental Review per CEQA Guideline Section 15301 (Existing Facilities)

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council approved the following actions related to the City Hall Buildings A & B Roof Replacement Project (PWC9095):

1. Find the project is exempt fro m CEQA review pursuant to CEQA Guideline Section 15301 as a repair or modification of an existing facility involving negligible or no expansion of use.

2. Approve Plans and Specificati ons for the City Hall Buildings A & B Roof Replacement Project.

3. Accept the Bid and award the construction contract to the lo west responsive and responsible bidder Diablo Roofing, Inc. in the amount of $2,885,400 and allocate a 15% contingency in the amount of $432,810 for a total construction contract amount of $3,318,210 and authorize the City Manager or designee to execute the contract.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

3. CEREMONIAL ITEMS

A. Proclamation: Childhood Cancer Awareness Month

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

The following persons commented: Kelly Abreu and Suresh.

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS – None.

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals – None.

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B. Appointments to Boards, Commissions, Committees

1. Mayor Mei opened consideration of Mayor Mei Referral: Appoin tments and Reappointments to Advisory Bodies

APPOINTMENTS:

Advisory Body Appointee Term Expires
Recreation Commission Bruce Brackett 12/31/2026

Youth Advisory Commission Samhi ta Balakrishnan 12/31/2023 Emily Sison 12/31/2023
Phi Chanda 12/31/2023
Rohan Bhagra 12/31/2024
Riya Patel 12/31/2024
Allyson Wong 12/31/2023

REAPPOINTMENTS:

Advisory Body Appointee Term Expires

Youth Advisory Commission Edison Liu 12/31/2024
Kyle Leung 12/31/2024

On a motion by Councilmember Shao, seconded by Councilmember Salwan, the City Council approved appointments & reappointments.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

C. Legislative Actions – None.

D. Report on Committee Assignments

Councilmembers reported on their various meetings.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 7:35 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL MEETING
SEPTEMBER 19, 2023

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the meeti ng to order at 7:00 p.m.

B. Flag Salute: Councilmember Shao led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng, Campbell, Kassan, Shao, and Salwan

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Shackelford shared information regarding items of Council/community interest.

E. Report Out of Closed Session – None.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

* B. Approval of Minutes – None.

* C. Mayor Mei opened consideration of Appr oval to Authorize the City Manager or her designee to execute an amendment to the Master Technology Services Agreement with Etech Consulting Inc. to extend the term and increase the not-to-exceed compensation to $400,000. (On-Call Accela Support Technology Services)

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On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council authorized the City Manager or her designee to execute an amendment to the Master Services Technology Agreement with eTech Consulting, Inc., to extend the term by two years from the date of execution and increase the not-to-exceed compensation to $400,000.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

* D. Mayor Mei opened consideration of Approval of Reimbursement Agreement for Preliminary Engineering with Union Pacific Railroad in the Amount of $245,000 for the Centerville Railroad Corridor Safety Improvement Project (PWC9071); Appropriation Actions; and Make Findings of CEQA Exemption

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council approved the following actions related to the Centerville Railroad Corridor Safety Improvements (PWC9071):

1. Find the action is exempt from environmental review, as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment).

2. Authorize City Manager or designee to ex ecute a Reimbursement Agreement with UPRR in an amount not to exceed $245,000 for preliminary engineering support.

3. Reallocate $280,000 from PWC9041-515 to PWC9071-515.

4. Reallocate $120,000 from PWC8933-531 to PWC9071-531.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Shao
Noes: None

Absent: None
Recuse
d: Councilmember Salwan ( business/property interest)

* E. Mayor Mei opened consideration of A pproval to Authorize the City Manager, or Designee, to Issue Purchase Orders for Annual Operating Payments/Renewals and Execute Implementing Documents with EBRCSA for Use of the Public Safety Radio Communications System (Radio Services Provided by East Bay Regional Communications System Authority (EBRCSA))

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council authorized the City Manager, or designee, to issue a purchase order for the annual operating payment to EBRCSA in an amount not to exceed $312,840 for the one-year period effective July 1, 2023, through June 30, 2024, and execute implementing documents as necessary.

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Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

* F. Mayor Mei opened consideration of Auth orization to Contract with Alameda County Health Care Services Agency for Health Promotion Services and Making Findings of CEQA Exemption

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:

1. Authorized the City Manager, or her design ee, to execute a contract with the Alameda County Health Care Services Agency in the amount of $206,219 for the period of July 1, 2023 through June 30, 2024 for the Health Promoter Project.

2. Appropriated an additional $6,219 in the Ageing and Family Services Behavioral Health Fund (Fund 104) to equal the contract amount.

3. Found that the action is exempt from CEQA review.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

* G. Mayor Mei opened consideration of Approval to Authorize the City Manager or Designee to Execute an Amendment to the Organic Waste Technical Assistance Services Agreement with APTIM Environmental & Infrastructure, LLC, Extending the Agreement through June 30, 2024 and Increasing the Not-to-Exceed Amount from $96,018 to $150,000.

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:

Authorize the City Manager or her designee to execute an amendment to Agreement 22-0333 with APTIM Environmental & Infrastructure, LLC, extending the agreement through June 30, 2024, and increasing the not-to-exceed amount from $96,018 to $150,000.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

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* H. Mayor Mei opened consideration of Approval to Authorize the City Manager or designee to enter into a $230,500 Standard Service Agreement with the County of Alameda for the City to provide non-congregate shelter options for individuals and families experiencing homelessness; and making findings of CEQA exemption. (Winter Relief Service Agreement)

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:

1. Authorized the City Manager or design ee to execute a FY 2023/24 Standard Service Agreement of $230,500 with the County of Alameda to support the Winter Relief program.

2. Found that the actions are exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15183 and/or 15061(b)(3).

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None

* I. Mayor Mei opened consideration of Approval to Authorize the City Manager to Execute a Three-Year Contract with United Site Services for Rental and Maintenance Servicing of Portable Restrooms and Handwashing Stations at Various Homeless Encampment and Vehicle Habitation Sites Not-to-Exceed $116,140 with an Optional Two-Year Extension Not-to-Exceed $84,349.

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council authorized the City Manager or her designee to execute a contract with United Site Services for rental and maintenance servicing of portable restrooms and handwashing stations at various homeless encampment and vehicle habitation sites for an initial term of three years in an amount not-to-exceed $116,140, and an optional two-year term for $84,349, for a potential total not-to-exceed amount of $200,489.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

* J. Mayor Mei opened consideration of Appr oval of Project Funding Agreements with Alameda County Transportation Commission (ACTC) and Appropriation of Funds for the East Bay Greenway Trail (Irvington to Fremont BART) (PWC9101) and Fremont Boulevard/Walnut Avenue Bikeway Project (PWC9100) for a Combined Total Funding Amount of $2,133,000

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This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person(s) commented: Kelly Abreu and Daniel Karpelevitch. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council:

1. Authorized the City Manager or his design ee to execute Project Funding Agreements for the East Bay Greenway Trail (Irvington to Fremont BART) Project and the Fremont Boulevard/Walnut Avenue Bikeway Project.

2. Appropriated $1,033,000 in ACTC funds to PWC9101-504, and reallocate $25,000 in SB-1 funds from PWC8234-134 (SB-1-RMRA State Gas Tax 2030) to PWC9101-134 for the East Bay Greenway Trail (Irvington to Fremont BART) Project.

3. Appropriated $1,100,000 in ACTC funds to PWC9100-504, and reallocate $25,000 in SB-1 funds from PWC8234-134 (SB-1-RMRA State Gas Tax 2030) to PWC9100-134 for the Fremont Boulevard/Walnut Avenue Bikeway Project.

4. Found the action constitutes a funding and admi nistrative activity which is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b), as as it can be seen with certainty that there is no possibility that the implementation of the agreements will have the potential for causing a significant effect on the environment. The projects associated with these funding agreements will undergo environmental review in compliance with CEQA.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

3. CEREMONIAL ITEMS

A. Proclamation: American Muslim Appreciation and Awareness Month

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Communications & email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

The following person(s) commented: Joe Rose (NAMI Alameda County So.), Kelly Abreu, and Salim Mastan.

5. SCHEDULED ITEMS – None.

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6. OTHER BUSINESS

A. Mayor Mei opened consideration of Revi sions to the Council Handbook to Incorporate Rosenberg’s Rules of Order (City Council Handbook of Rules and Procedures)

City Attorney Alvarado provided an overview and responded to questions from Councilmembers. The following person(s) commented: John Hinds. There being no additional speakers, Mayor Mei closed the public comment period. Councilmembers asked additional questions and provided comment.

On a motion by Councilmember Campbell, seconded by Councilmember Shao, the City Council adopted Resolution No. 2023-48 amending the City Council Handbook of Rules and Procedures to incorporate Rosenberg’s Rules of Order and other technical revisions.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
A
bstain: None

7. ITEMS REFERRED BY COUNCILMEMBERS

A. Council Referrals – None.

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

C. Legislative Actions

D. Report on Committee Assignments

Councilmembers reported on their various meetings.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:50 p.m., with a moment of silence.

Attest: Approved:

_____________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor

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Attachment: Draft Minutes (5024 : Approval of Minutes - 2023-09-12 - 2023-09-19) Fremont City Council Meeting: 10/17/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5001) DOC ID: 5001
Updated: 10/11/2023 3:20 PM by Susan Gauthier Page 1
ALAMEDA COUNTY HOUSING COMMUNITY SUPPORTS CONTRACT - Authorize the City Manager to Execute an Agreement to Provide Housing Transition Navigation and Housing Tenancy and Sustaining Services 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: Medi-Cal, California’s Medicaid health care program for children and adults, is currently undergoing a transformative system change, moving away from the state funding individual services to a county led system. This system transformation is known as California Advancing & Innovating Medi-Cal (CalAIM).

As part of CalAIM, Alameda County Health Care Services Agency (HCSA) has contracted with the City to provide homeless individuals and families with Housing Community Supports, including Housing Transition Navigation Services (HN), Tenancy, Sustaining Services (TSS) and one-time rental deposits.

Staff recommends the City Council:

Authorize the City Manager to execute a service agreement not to exceed $290,000, for the City to provide HN, TSS and one-time rental deposits; and making findings of CEQA exemption.

BACKGROUND: Medi-Cal is California’s Medicaid health care program. This program pays for services for 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 CalAIM, with the goal of:

• improving population health using a whole person care model and social determinants of health,
• Reducing complexity and variation, and increase flexibility of services across Medi- Cal, and
• Improving quality outcomes, reducing health disparities, and modernizing systems through value-based initiatives and payment reform.

As part of this CalAIM program, HCSA’s Office of Homeless Care and Coordination has spearheaded the County’s effort to expand Housing Community Supports for homeless populations. This program is funded through a combination of CalAIM funding via Anthem Blue Cross and Alameda Alliance for Health, as well as additional County general funds.

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

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and targeted Case Management services. Continuing to serve low-income clients will necessitate the City’s involvement in the CalAIM system.

HCSA currently contracts with providers for Housing Community Supports including Housing Transition Navigation Services (HN), Tenancy and Sustaining Services (TSS) and one-time flexible Housing Deposits (HD) with a combined capacity to serve approximately 1,700 people at a time (1,400 TSS and 300 HN). Current capacity does not meet the need to support the more than 10,000 people experiencing homelessness at a time (approximate ly 2,000 of which are on County housing queues).

DISCUSSION/ANALYSIS: In calendar year 2023, HCSA contracts with the City of Fremont for up to 25 client “slots” to:

• Maintain combined strength-based housing transition navigation services and/or housing tenancy and sustaining services for homeless and formerly homeless individuals living in or transitioning to HCSA designated permanent housing units, and
• Administer one-time flexible housing deposits for consumers authorized by HCSA to assist with costs associated with move-in expenses.

In calendar year 2024, HCSA proposes an identical service agreement that would reimburse the City at a rate of $550 per client per month. HCSA has again designated up to 25 client “slots” for the City. The agreement would also provide a one-time housing deposit of up to $5,000 per client. Based on these assumptions, staff estimates an agreement not to exceed $290,000 per year, as shown in Table 2 below:

Table 2: 2024 “Services As Needed” Agreement Structure

Rate
per client
per month
Housing
Deposit
Max Slots Months
Total
“Not to Exceed”
Amount
Services as Needed $550 25 12 $165,000
Housing Deposit $5,000 25 N/A $125,000
Total: $290,000

FISCAL IMPACT: There is no impact on the General Fund. To meet the required ratio of clients to care manager, the contract revenue supports a 1.0 FTE Case Manager. The service contract will also cover the cost of housing deposits, as well as internal service and administrative overhead costs.

In anticipation of this program, the City Council appropriated $290,000 in the ACHCSA Housing Community Supports account in the Miscellaneous Operating Grants Fund (Fund 190), as part of the FY 2023/24 Adopted Operating Budget, a sufficient amount to cover program costs.

ENVIRONMENTAL REVIEW: The action is exempt from CEQA pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), (4) and/or (5) and/or 15061(b)(3), each as a separate and independent basis for CEQA exemption, as it is a fiscal or administrative

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activity of a government agency that has no possibility, either directly or indirectly, to cause a significant effect on the environment.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Authorize the City Manager or her designee to execute a service agreement with Alameda County not to exceed $290,000.

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Fremont City Council Meeting: 10/17/23 07:00 PM
3300 Capitol Avenue Div/Dept: Environmental Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5017) DOC ID: 5017
Updated: 10/11/2023 3:27 PM by Susan Gauthier Page 1

STORMWATER TREATMENT DEVICE MAINTENANCE CONTRACT AMENDMENT- Amend Contract with SWIMS for Annual Inspection and Maintenance Services of 15 Vault-Based Stormwater Treatment Devices Located on City Property and Right of Way
Contact Persons:

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

Executive Summary: Fremont has 15 mechanical stormwater treatment devices installed either on City property or in the public right-of-way. These require regular inspection and maintenance which is performed by contractors due to the specialized equipment and trained personnel required. The City conducted a procurement process in 2021 and consolidated the maintenance of these devices under a single contract with SWIMS (Storm Water Inspection and Maintenance Services) in effect from January 2022 through November 2023. After assessing maintenance activities and device performance to date, staff is recommending adjusting the scope of work to ensure these devices continue to function as designed and perform in accordance with stormwater permit requirements. Staff is also recommending extending the contract period through June 30, 2025, to provide time to assess the impacts of the maintenance changes and align the contract with the City’s budget cycle.

The recommended amendment would increase the contract not-to-exceed from $97,884 to $213,555 and fund the maintenance of these devices through June 30, 2025.

This maintenance work consists primarily of device debris removal and is funded through the Integrated Waste Management (IWM) Fund. The cost is included in the IWM annual operating budget and there would be no General Fund Impact.

BACKGROUND: Fremont’s storm drain system, like most Bay Area cities and counties, is regulated by a National Pollutant Discharge Elimination System (NPDES) Permit, issued by the San Francisco Regional Water Quality Control Board. This permit, commonly referred to as the Municipal Regional Permit (MRP), imposes requirements intended to reduce impacts to water quality from urban runoff. The MRP includes obligations to install and maintain stormwater treatment devices to intercept pollutants and prevent them entering the City’s waterway.

The City has 15 in-ground mechanical stormwater treatment devices located at 4 locations within the City. While the devices vary in type, all of them mechanically separate trash, debris, sediment, and hydrocarbons from stormwater and retain this material for separate removal and disposal. Maintenance activities include vacuuming out of sediment and debris, replacing of spent media filtration cartridges, and confined space entry into vaults to conduct inspections. Due to the specialized equipment and trained personnel required, this

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work is performed by contractors rather than being conducted by the City’s Maintenance staff. Through a solicitation conducted in 2021, it was determined that SWIMS is the only vendor available that can provide the full range of required services.

The contract was established in January 2022 with a not-to-exceed amount of $73,685 and increased in July 2023 to $97,884. Total maintenance costs to date are $95,383.

DISCUSSION/ANALYSIS: After assessing maintenance activities and device performance to date, staff is recommending adjusting the scope of work to ensure these devices continue to function as designed and perform in accordance with stormwater permit requirements.

The recommended increase of $115,671 would increase the contract not-to-exceed amount from $97,884 to $213,555 through June 30, 2025, and would include the following services:

1) Maintenance Center: $68,443
• device type: 1 hydrodynamic separator, 1 sand oil separator • 1 annual hydrodynamic separator inspection and service • 4 annual sand oil separator inspections and pumpouts
• anticipated excess sand oil sediment volume charge (exceeding 1,000 gallons per service)
• fuel/vehicle charge

2) Warren Avenue and Kato Road $19,388
• device type: 8 Contech Catch Basin Filter Vaults
• 8 annual inspections (1 per vault)
• 15 annual media filtration cartridge cleaning and replacement (as needed) • fuel/vehicle charge

3) Paseo Padre Parkway $15,380
• device type: 4 Contech Filter Vaults
• 4 annual inspections (1 per vault)
• 15 annual media filtration cartridge cleaning and replacement (as needed) • fuel/vehicle charge

4) Cushing Parkway $7,460
• device type: CDS (Continuous Deflective Separation) Unit • 1 annual inspection and pump out
• traffic control
• fuel/vehicle charge

5) Contingency: $5,000

The recommended maintenance would increase the contract not-to-exceed amount from $97,884 to $213,555.

FISCAL IMPACT: The recommended contract increase of $115,671 will be funded through the Integrated Waste Management (IWM) Fund. The cost is included in the IWM annual operating budget and there will be no General Fund Impact.

ENVIRONMENTAL REVIEW: The proposed maintenance of stormwater treatment devices is exempt from and not subject to review under the California Environmental Quality Act

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(CEQA) pursuant to, without limitation, Guidelines Section 15301 as the project consists of maintaining existing facilities and Guideline 15307 as the maintenance will protect the City’s waterways from trash and other discharges into the waterways and other water resources, each as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

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Fremont City Council Meeting: 10/17/23 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors: Parks Planning and Design Manager Roger Ravenstad COUNCIL STAFF REPORT (ID # 4998) DOC ID: 4998 D
Updated: 10/11/2023 3:17 PM by Susan Gauthier D Page 1

ADOPT MINOR REVISIONS TO THE PREVIOUSLY ADOPTED CENTERVILLE

Name: Mark Mennucci Suzanne Wolf
Title: Senior Landscape Architect Community Services Director Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4530 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: The City Council is asked to consider adopting minor revisions to the previously adopted Master Plan for Centerville Community Park, and, find that the project is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15162 as no substantial changes are proposed to the project, no substantial changes have occurred to the circumstances under which the Project is undertaken and no new information would affect the Project since the Project Mitigated Negative Declaration was adopted by City Council on May 14, 2002.

BACKGROUND:

Park Description: Centerville Community Park, located at 3375 Country Drive, currently exists as a developed ten-acre parcel with an additional undeveloped 9.86 acres, identified as 3350 Eggers Drive, as a planned expansion of the existing park. The park is bounded by Eggers Drive and single-family homes to the north, Hastings Street and single-family homes to the east, Country Drive and multi-unit apartments to the south, and Washington High School to the west. At 19.95 acres, Centerville Community Park is the City’s fourth largest citywide park. The original 9.97-acre park parcel was dedicated to the City in 1965. In 1991, the City purchased 9.88 acres of surplus property from Fremont Unified School District, thereby doubling the park’s size. The current project is to develop the land acquired in 1991.

The developed portion of Centerville includes the following site improvements: Centerville Community Center; Fremont Community Activities Center; park restroom/program room building; play area; picnic area; lighted tennis courts; full-court and half-court basketball courts; a handball court; parking lots with 106 spaces in total; a lighted adult softball field; turf areas and a pathway system. The undeveloped portion of the park contained several structures previously used by City departments for storage and sign making. These were demolished in 2008 and the site has been undeveloped since.

Community Engagement 2002: Staff sent invitations to a park design workshop to over 4,000 households, and others who had expressed an interest in the design and development of the park. In addition, staff published two notices of the workshop in the Argus.

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The park design workshops were held on November 28, 2001 and on February 13, 2002, and were attended by over 20 residents. After a staff presentation, groups of citizens worked together to develop design concepts for the park. Most notable was the group’s opinion that Centerville Community Park is currently developed to a very intensive level, and that the new development should be less intensive, less active, less structured for specific activities, and characterized by a “natural” feel and appearance. The group also strongly discouraged the provision of night lighting for activities, while supporting security lighting.

Proposed Park Design (2002 Master Plan): The overall theme for the development of Centerville Community Park is to provide for informal, unprogrammed leisure activities for people of all ages. Formal sports activities and league play will continue to be accommodated at the facilities in the currently developed portion of the park. The circulation system in the new development will connect seamlessly with the existing park and will serve to create a sense of the existence of one whole park, rather than two halves.

The following section describes the various design elements of the park design from 2002 approved design.

• Walkways and circulation (Great Loop): A ten-foot wide, one-half-mile long pathway (the “Great Loop” on the Plan) connects the existing park to the expansion. This pathway can be used for walking, running, skating, and bicycling, and is wide enough for use by maintenance and police vehicles. This pathway links all of the key design features in both the existing and expansion areas of Centerville Community Park.
• Walkways and circulation (Inner Loop): A narrower, six-foot-wide pathway (the “Inner Loop” on the Plan) encircles the large, informal turf area and defines the center of this portion of the park. This path provides access to several features, such as the Activity Circle, discussed below.
• Bocce complex: The corner of Hastings Street and Eggers Drive is the most prominent public corner of the new park development. Appropriately, the Bocce Complex will provide a strong visual presence to the park. Three 10-foot by 80-foot bocce courts are sunk two feet below grade and are bordered by turfed banks and a wide staircase, all of which are suitable for sitting and watching bocce games. Behind the courts, deeper into the park, a 150-foot long arbor will provide spatial definition to this corner of the park, as well as shade for six chess/game tables to be located under the arbor. The form of the arbor is accentuated by rows of Italian Cypress trees. Several tables on either side of the bocce courts provide space for eating, sitting, and storing personal gear in a safe place.
• Picnic facilities: A large picnic facility is located at the northern end of the park, adjacent to the new restroom and new parking area. This picnic area, which can be reserved, will include six picnic tables, barbecues and ash disposal facilities.

Additional tables are scattered in pairs in several locations throughout the park, including the play area, open turf area, and bocce complex. • Turf areas: Two new turf areas provide opportunities for a wide range of individual and group activities. The large turf area is central to the park design and will accommodate informal play activities and practice space for youth sports; however, the area is not large enough to provide for formal team play. The turf will not b e lighted for night use. The small turf area, located in the northwest section of the park, will be surrounded by trees and will provide a second turf area for users.

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• Play areas: Two separate play areas are provided for tots (ages 2-5) and youth (ages 5-12). The tot play area includes a small two-foot high boulder, a traditional climbing structure, swings, a tricycle “racecourse”, and a play area. The youth play area includes a 10-foot-high climbing boulder; a large net climbing structure and spinning poles. In addition, this area includes swings and a traditional climbing structure.
• Activity Circle: Adjacent to the large turf area, under new oak trees, natural boulders, suitable for seating, will be arranged in an informal boulder play and sitting area.
• Restroom facilities: A new restroom will be provided close to Eggers Street. The restroom will include a storage area for maintenance equipment. • Parking: Two new parking areas are provided, one off of Hastings Street (29 spaces) and one off of Eggers Drive (37 spaces). With the addition of these spaces, the entire park will have a total of 172 parking spaces.
• Lighting: Security and pedestrian lighting will be located throughout the park. • Miscellaneous site furnishings: Benches, trash cans, drinking fountains, and bicycle racks will be appropriately located throughout the park. New park signage will be provided at the corner of Hastings Street and Eggers Drive. • Tree planting: New trees will be a key design component in creating the natural feeling and appearance that defines the Centerville Community Park expansion.

Species include oak, redwood, pepper, cypress, flowering trees, and a variety of evergreen and broadleaf evergreen trees. Trees will be sited to reinforce the design of the circulation system, the bocce complex and the turf area. In addition, the trees will serve to unify the appearance of the existing park with the new development.

There will be approximately 400 new trees planted.
• Changes to existing developed portion of park: The picnic area behind the community center building will be removed. Ample new picnic facilities will adequately replace the lost tables. The undeveloped triangular area behind the tennis and basketball courts, adjacent to the High School, will be improved with a basketball court. New trees will ring the baseball field, creating a visual connection to the Great Loop pathway system. New site furnishings such as benches and parcourse stations, will be added at appropriate locations.

Construction Documentation and Demolition (2002-2007): From 2002-2007, staff worked on the Master Plan and Construction Drawings for public bid. In 2007, the park expansion was put on hold due to significant revenue reductions at the City, which resulted in cutbacks across the City government including park maintenance. The demolition portion of the project proceeded and was awarded in 2008 which included the removal of all existing structures and debris on the undeveloped 9.86 acres of land, including seven structures and their foundations, utilities, and associated earthwork, fence removal, tree removal, asphalt and concrete removal, and other miscellaneous debris.

Conveyance agreement between FUSD and COF: The City entered negotiations at the request of the Fremont Unified School District (District) in 2017 to build an elementary school on a portion of the undeveloped 10 acres in Centerville Community Park. The agreement would have created a joint use school/park on the undeveloped land, like Lila Bringhurst Community Park. This school would have been called Williamson Elementary School. The agreement would transfer 4.6 acres to the District as described in State Legislation, SB178 Chapter 458, enacted in 2017. This legislation required the City to

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allocated $5 million dollars toward Dusterberry Neighborhood Park, and $6 million toward the Williamson school joint use park. This legislation and conveyance agreement required the Williamson Elementary School and Dusterberry Neighborhood Park to be built by June 30, 2023.

The District has not been able to fund, design, or construct the school facility as required under a separate conveyance agreement between the City and the District. As a result, the

4.6-acre land transfer did not occur, and the agreement between the District and the City expired. Therefore, the development of Centerville Community Park will be fully consistent with the original City obligations under the State of California Wildlife, Coastal, and Park land Conservation Act, in effect prior to SB178, which provided $482,000 towards the purchase of the 10 acres of land in 1989 from the District.

DISCUSSION/ANALYSIS:

Master Plan Revisions: The proposed revisions to the previously adopted 2002 Master Plan address changes to various design elements that have evolved over the past 20 years due to maintenance requirements, or changes to leisure activity preferences in the City as described in the City’s recently adopted Parks and Recreation Master Plan. These changes were made to the plan and presented to the Community on August 23, 2023. These changes included:
• Picnic facilities: A second picnic area will be added south of the entry path to mirror and balance the picnic area in 2002 Plan. This will replace the original bathroom location, as the bathroom will be relocated closer to the existing ballfield. • Tot Lot Play Areas: The equipment is being upgraded to more modern spinners, climbers, swings for tots (ages 2-5). Still included is a tricycle “racecourse” and tricycle/stroller parking area. The play area will include outdoor musical equipment such as drums, bells, chimes, or other therapeutic sounds, possibly inspired by natural looking elements.
• Large Play Area: The equipment is being upgraded to more modern net climbers, spinners, swings and traditional climbing structures for school aged children (ages 5- 12). The space will be decreased in size slightly, adding more perimeter tree planting, shade, and seating areas.
• Pickleball Courts: This area was previously designed for horseshoe pits. This facility will be removed and replace with a minimum of five, and potentially six ,pickleball courts. Pickleball is one of the fastest growing sports for adults and was identified as a strong need in the Parks and Recreation Master Plan. The courts will activate an otherwise awkward triangular space, address high demand, and will be lighted for evening play. This is the only portion of the park expansion that will include sports lighting.
• Prefabricated Restroom and Underground Utilities: See below for additional detail. • Adult Exercise Areas: Six par course stations were originally designed in the 2002 master plan. Par course systems of the 1970’-1990’s has lost popularity. Adult fitness areas, which include single use work out stations, or multi-user stations, have grown in popularity. The adult fitness area adjacent to the new Hastings parking lot and great loop walkway will include a 10 to 13 station multi-user apparatus, and 2 to 3 individual hydraulic-type stations.
• Picnic Area and Playground Renovation (PWC9006 and 9056): The picnic area behind the community center building will be revised under the PWC projects noted above.

This work will be designed and incorporated into the overall bid and development

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project for the 10 acres. Pedestrian lighting will be added to illuminate the space, as it is currently very dark. Ample new, covered picnic facilities will be added closer to the existing playground, which will also be renovated.

Community Engagement 2023: The August 23, 2023 community meeting was attended by 32 members of the community. In general, the proposed changes were embraced by all in attendance. Pickleball expansion in lieu of horseshoe pits received great support.

Comments were made to increase the amount of tree planting above the approximately 400 trees already proposed for installation. There were many other comments from the community regarding traffic and speeding solutions on all streets surrounding the park , such as speed bumps, traffic signs and other traffic calming measures; providing additional lighting; address unhoused individuals and drug issues within the park; consider the addition of security cameras in the park; consider additional parking spaces for the new parking lots; and the use of native trees and plants. The City also received approximately 10 emails from residents that could not attend the meeting. Comments ranged from support for additional pickleball courts; additional adult fitness areas; additional native trees and support for the bocce ball courts.

Traffic Safety Comments and Responses: The community made roughly 12 specific comments regarding traffic and speeding along Eggers Drive, Country Drive, and Hastings Street. These comments were forwarded to Traffic Engineering staff. The comments received can be grouped into four key categories: 1) general speeding and safety concern for the roadways surrounding the future Centerville Community Park site (including Eggers Drive, Hastings Street, Country Drive, and Camden Street); 2) request for STOP control for the various exiting driveways for the future park; 3) modification to the direction of traffic for the future park parking lots; and, 4) general code enforcement issues around future park site (e.g. abandoned vehicles).

In early September, Transportation Engineering staff began its speed assessment per its Neighborhood Traffic Calming program for the residential streets adjacent to the future park site, including Eggers Drive, Hastings Street, and Camden Street. As a first step for any speeding related assessment, Transportation staff is currently conducting speed surveys along the various roadways on a typical school day for a period of at least 24 hours. The speed data obtained will inform City staff of the extent of the speeding issue, as well as facilitate evaluation of a wide range of traffic calming measures and strategies that may best fit the context and characteristics of the individual roadways. The speed data will also be shared with the City’s Police Department for targeted speed enforcement as appropriate.

The City has already implemented a number of traffic calming devices around the future park site, including a traffic circle at the Eggers Drive/Hastings Street intersection, raised chicanes along Eggers Drive (between Fremont Boulevard and the future park site), and curb extensions at the Hastings Street/Country Drive intersection. All the existing pedestrian crosswalks across Eggers Drive and Hastings Street surrounding the future park site are currently stop sign controlled. Nevertheless, it is the intent of the Transportation Engineering staff to conduct this safety assessment independently from the overall Centerville Community Park project, as any existing safety or speeding issue that is substantiated is not caused by the future park and should be addressed separately to ensure the general safety for road users. Final determination from the City’s safety assessment will be communicated directly with the respective residents who initiated the comment, and further collaboration or discussion may be conducted as needed.

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For comments related to the overall traffic circulation, location of the future park driveway, and implementation of stop sign control for future existing park driveways, the Transportation Engineering staff will consider the public comments received and work collaboratively with the Park staff during the design phase of the Centerville Community Park. The goal is to develop a design that best achieves the future park’s needs in terms of parking demand, efficient and safe vehicle movement into/within/out of the park property, as well as general safety and circulation on the surrounding neighborhood streets. Design level details are generally not finalized at the planning phase that the project is currently undertaking, but public comments for the project continues to be encouraged to ensure that final park design meets the needs of the community.

Lastly, Transportation Engineering staff has forwarded any identified code enforcement issues (e.g. abandoned vehicles along Eggers Drive) to the City’s Code Enforcement Unit for follow up and enforcement action. Any appropriate code enforcement action will also take place independently from the development of the Centerville Community Park project.

Prefabricated Restroom and Underground Utilities (PWC8392B): There exists a restroom/meeting room at the left field corner of the Sigmund ballfield in Centerville Community Park. This facility was struck by a car and damaged in January 2019, resulting in one restroom being permanently closed. As a result, a new restroom is proposed to service the developed park and its users and serve the future 9.86 development. This proposed restroom will be located approximately 300 feet away from the damaged structure behind the backstop of the existing Sigmund Ballfield, on the currently undeveloped parcel.

This building will have a traditional men’s and women’s restroom with three stalls each: one all gender restroom, a storage room, and a maintenance chase. The roof line and exterior aesthetics will be similar to the restroom installed at Lila Bringhurst Community Park, also created and installed by Public Restroom Company.

The Public Restroom Company (PRC) was awarded the contract in October 2022. Staff has been coordinating a design since October 2022, and PRC is currently getting the design approved through their internal process. Approvals should be complete by October 2023. A tentative schedule includes beginning fabrication in Fall 2023, with delivery and installation in late Winter/Spring 2024.

Meeting Room/Restroom Replacement (PWC8908): The building at the left field corner of the Sigmund ballfield in Centerville Community Park that was struck by a car and damaged in January 2019, also contained a meeting room, which had been used as part of the tot program at Centerville Community Park. A new, dedicated meeting room will be built a few feet away to replace this existing room and the existing meeting room/restroom will be demolished as part of the bathroom and meeting room constructi on. This building footprint is currently in design and is a custom design. The exterior aesthetics of this building will match the exterior aesthetic of the restroom. Construction is expected to begin in Winter/Spring 2024 with completion on Winter 2024/2025.

Recreation Commission Recommendation: On September 20, 2023, the Recreation Commission voted 7-0-0 to recommend to the City Council to approve and adopt the minor revisions made to the previously adopted Master Plan for Centerville Community Park, a nd, find that the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15162 as the Project Mitigated Negative

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Declaration previously adopted by City Council on May 14, 2002 is acceptable a nd does not need to be readopted or recirculated.

TENTATIVE PROJECT SCHEDULE FOR THE 10 ACRE EXPANSION:

Community Meeting (completed) August 23, 2023
Recreation Commission (completed) September 20, 2023
City Council Approval October 17, 2023
Revise Construction Documents Winter 2023 - Summer 2024 Bid Summer 2024
Park Development Summer 2024 through Fall 2025
Target Completion Date Fall 2025

FISCAL IMPACT: Funds were originally allocated in 2002, totaling $8,122,475, when the original master plan for the undeveloped 10 acres of Centerville Community Park was designed. When the project was put on hold in 2008, remaining funding totaled approximately $7,348,943. Between 2008 and the most current CIP, small projects were done throughout Centerville Community Park, and staff time was billed against the PWC.

Additional funding of $4,200,000 was added per the 2021/22-2025/26 Capital Improvement Program, in anticipation of developing a portion of the site in conjunction with the Fremont Unified School District (FUSD) joint use park.

1. Total Funds appropriated to the project (PWC8392 Centerville Community Park Development; PWC9006 Centerville Community Park Shade Structure and Picnic Area Renovations; and PWC9056 Centerville Community Park Play Area Upgrades)
a. PWC8392-540 $10,953,089
b. PWC8392-543 $9,341
c. PWC9006-541 $385,000
d. PWC9056-541 $575,000
CURRENT FUNDING BALANCE $11,922,430

2. Remaining Planned Expenditures (Restroom and Underground utilities PWC8392B) a. Public Restroom Company $503,180
b. MEP Consultant - Site Utility Design $78,000
c. Underground Site Utility Installation (estimated) $615,000 d. Project/Consultant Management - Site Utility Design $154,000 e. PWC9006 expenditures (to date) $23,275
f. PWC9056 expenditures (to date) $30,283
SUBTOTAL $1,403,738
Estimated Remaining Funds $10,518,692

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3. Estimated Project Design Expenditures (10 Acre Development):
a. Staff Work, Commission Reports and Construction Document Revisions $500,000 Estimated Remaining Funds $10,018,692

4. Estimated Construction Expenditures:
a. Park Development $9,396,692
b. Project & Construction Management $425,000
c. Consultants and Utility Fees $197,000
SUBTOTAL $0

Fund Remaining at Project Completion $0

The Meeting Room Replacement Project, PWC8908, is funded separately and will be built by a separate contractor through a separate bid process.

MAINTENANCE IMPACT: The City is committed to maintenance of this 10-acre expansion.

Initial funding totaling $660,000 was allocated in the 2021 Capital Improvement Program in PWC9068, Fund 545, Maintenance Funding for Centerville Community Park. The scope of maintenance, and the various daily responsibilities of staff, or their contractors, such as mowing, or trash pick-up will be determined as the project gets closer to completion.

ENVIRONMENTAL REVIEW: A mitigated negative declaration was prepared and approved by the City Council on May 14, 2002, for the entire Centerville Community Park project, as originally designed (EIA No. PLN2002 -00233) (“MND”). This revised Master Plan will not have a significant effect on the environment. The five mitigations listed in the MND were proposed to reduce identified impacts during the demolition phase of the project to non - significant levels and were implemented during the demolition phase of work in 200 7. The work associated with the revised Master Plan is consistent with the original park project analyzed in the mitigated negative declaration and no further environmental review is required pursuant to CEQA Guidelines Section 15162.

Under CEQA Guidelines Section 15162, when a Mitigated Negative Declaration has been adopted for a project, no subsequent Mitigated Negative Declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:

1. Substantial changes are proposed in the project which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

Analysis: No changes to the previously approved community park concept for the site are proposed. Although the MND was adopted over twenty years ago, the scope of the project remains a community park to provide for the daily recreation needs of

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the residents who live and work in the surrounding area of the park, with sports lights, bathroom structures, and on-site parking provided thar was considered in the MND.

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

Analysis: No substantial changes have occurred with respect to the circumstances under which the project is undertaken since the MND was adopted in 2002, except that phase I of the project that was analyzed in the MND was completed. As such the site remains an infill site with all structures and facilities removed, surrounded by urban uses, with no habitat value for endangered, rare or threatened species.

Consistent with the determination in the MND, the project would not result in significant effects relating to traffic, noise, air quality and water quality, and the site is adequately served by utilities and public services. Furthermore, no new impacts or a substantial increase in the severity of previously identified impacts would occur.

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous Mitigated Negative Declaration was adopted, shows any of the following:

a. The project will have one or more significant effects not discussed in the previous Mitigated Negative Declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous Mitigated Negative Declaration would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (CEQA Guidelines Section 15162(a); see also Public Resources Code Section 21166).

Analysis: The project will not introduce new significant effects that were not already discussed in the MND. Moreover, the identified effects (potential hazardous materials impacts) are not applicable any more as the Phase I of the project, removal of the structures on the site was completed.

As discussed above, the proposed project would be consistent with the MND and would not result in substantial changes in the project or to the circumstances under which the project is undertaken; therefore, additional environmental analysis or recirculation of the MND is not required, in conformance with CEQA Guidelines Section 15162.

The potential for encountering cultural resources during construction activity would be addressed through the uniform application of the standard development requirements in

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Council Staff Report (ID # 4998) Meeting of October 17, 2023 Updated: 10/11/2023 3:17 PM by Susan Gauthier D Page 10 Fremont Municipal Code (FMC) Chapter 18.218. Previous archaeological investigations of the site did not encounter any cultural resources. FMC Chapter 18.218 also provides standard development requirements that address any potential impact to special-status species and air quality related to construction.

Minor changes to the plan since the last MND include lighting of the proposed pickleball courts. The new pickleball lighting is set back over 600 feet from the nearest house, uses the same LED lighting and 30 foot pole height as the adjacent tennis court lights. These LED’s provide direct lighting to the courts, so there will not be any light spill over into the adjacent neighborhood. The new pedestrian lights will utilize the same 15 foot pole height and LED luminaire as is currently installed in the park.

Before the existing structures on site were demolished, Olberding Envirnmental did a pre- construction survey in June 2007, and a follow up survey in April 2008 for burrowing owls.

The surveys indicated there were no burrowing owls occupying the site, and no secondary signs of their occupation, nor were ground squirrels observed. Adjacent lands were also observed and no owls were observed, and no secondary signs of their occupation. Since 2008, the site is disked yearly to suppress weed growth and prevent fire hazards.

ATTACHMENTS:
• Exhibit 1

RECOMMENDATIONS:

1. Adopt the minor revisions made to the previously approved Master Plan for Centerville Community Park, PWC8392, as shown in Exhibit 1.

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Attachment: Exhibit 1 (4998 : CENTERVILLE COMMUNITY PARK MASTER PLAN REVISIONS) Fremont City Council Meeting: 10/17/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5016) DOC ID: 5016
Updated: 10/12/2023 9:04 PM by Susan Gauthier Page 1
WALNUT AVENUE PHASE 2 BIKEWAY GRANT FUNDING - Accept and Appropriate Grant from the Safe Routes to BART Program in the Amount of $1,500,000 for the Walnut Avenue Phase 2 Bikeway Project (PWC9110) and Authorize the City Manager to Execute a Grant Agreement and Associated Documents
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 item is to facilitate the receipt of grant funding from the Safe Routes to BART (SR2B) program that will enable the City to design and construct the Walnut Avenue Phase 2 Bikeway Project (“Project”). The Project will extend the existing Walnut Avenue Bikeway and seeks to improve bicycle and pedestrian connectivity, safety, and comfort around the Fremont BART Station area and the City’s Downtown/City Center Priority Development Area (PDA).

BACKGROUND: The San Francisco Bay Area Rapid Transit District (BART) administers the voter approved 2016 Measure RR bonds of $3.5 billion to rebuild and upgrade the aging BART system. The overall goal of the Measure RR funds is to make the BART system safer, more reliable and to reduce regional traffic congestion. BART has set aside a portion of Measure RR funds for a Safe Routes to BART (SR2B) grant program to fund projects in local jurisdictions that improve station access for current and potential BART riders.

In January 2023, BART released a call for projects for “Cycle 2” of the SR2B grant program.

The City of Fremont applied for and was awarded a grant in the amount of $1,500,000 for the Project.

DISCUSSION/ANALYSIS: The Walnut Avenue Bikeway Phase 1 Project was proclaimed by the national People for Bikes organization as one of America’s 10 Best New Bikeways of 2020 and Streetsblog SF named the project the best bikeway in the Bay Area. The Walnut Avenue Bikeway Project is part of the City’s overall effort to implement a continuous all ages and ability bikeway network through Fremont Downtown and City Center, ultimately connecting to the adjacent Centerville and Irvington districts. Located along Walnut Avenue between Paseo Padre Parkway and Fremont Boulevard, the Phase 2 Project will install a grade-separated (sidewalk level) bikeway along both sides of Walnut Avenue, which will expand upon the existing grade-separated bikeway along Walnut Avenue between Mission Boulevard and Paseo Padre Parkway that was completed in 2020. Other Project elements include the installation of a flashing pedestrian crossing beacon at the California Street/Walnut Avenue intersection, pavement resurfacing, new striping, and storm drain modification to accommodate the new bikeway.

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The Project will improve active transportation safety, access, and comfort by providing bicyclists with a facility separated from vehicles and pedestrians and by providing pedestrians with additional physical separation from vehicle traffic on the roadway. The improvements also enhance transit access by eliminating mixing zones between pedestrians, bicyclists, and transit riders waiting at the various bus stops. The Project strongly supports the region’s equity goal by improving last-mile connections within the Fremont Downtown and City Center areas, which include a large number of medical, government, human, and family service destinations for disadvantaged residents in the southern Alameda County region.

The Project is currently under design, with Project construction tentatively scheduled for Spring 2025. The awarded SR2B grant will be utilized to fund the project construction phase.

FISCAL IMPACT: The City is required to contribute a minimum of $974,120 as a local match to the SR2B grant. Since the SR2B grant will be utilized for the Project construction phase, staff plans to bring the Project back to City Council for local matching fund reallocation at same time as the Project’s construction contract is being awarded.

It is noted that the City receives approximately $2.5 million annually from Alameda County Transportation Commission (Measure BB) and State (Transportation Development Act) sources that are dedicated toward improving bicycle and pedestrian infrastructure. A portion of these funds would be used as the local match for the SR2B grant.

ENVIRONMENTAL REVIEW: Acceptance of the SR2B grant is not a project subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378. Consistent with CEQA requirements, appropriate environmental review will occur during the design phase of the project.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the Walnut Avenue Phase 2 Bikeway Project (PWC9110):

1. Authorize the City Manager or designee to accept the SR2B grant and to execute any associated grant agreements or documents.

2. Appropriate $1,500,000 in SR2B grant funds to PWC9110-571.

3. Find the action is exempt from CEQA review per CEQA Guidelines, section 15378.

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Fremont City Council Meeting: 10/17/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Fees & Rates

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5015) DOC ID: 5015
Updated: 10/12/2023 5:06 PM by Susan Gauthier Page 1
RENT REVIEW ORDINANCE ANNUAL REPORT AND PROGRAM FEE – Public Hearing (Published Notice) to Review the Annual Report on the Rent Review Ordinance and Adopt the FY 2023/24 Annual Fee
Contact Persons:

Name: Robert Lopez Suzanne Shenfil
Title: CDBG Administrator Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2043 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: As required by the Rent Review Ordinance (RRO), City staff has prepared the RRO Annual Report for the City Council. The report provides an update on the status of the rent review program. Staff has also calculated the FY 2023/24 Rent Review Ordinance annual fee for Council approval.

The RRO authorizes the City to recover all expenditures by collecting a per rental unit fee from residential landlords. The purpose of this staff report is to recommend that the City Council adopt a per-unit fee of $14 for FY 2023/24, for full cost-recovery of administering the RRO.

BACKGROUND: On October 3, 2017, City Council adopted the RRO, creating a process for reviewing proposed residential rent increases exceeding 5% and establishing a Rent Review Board, although tenants and landlords are encouraged to attempt to resolve their differences through consultation and mediation before proceeding to a hearing. The ordinance also requires written noticing to tenants in multiple languages within 60 days, sets the penalty for landlord retaliation against tenants at $2,000 (the maximum allowable under state law), and states that rent may only be raised one time a year. There is also a requirement for an annual report to the City Council assessing the effectiveness of the program. The RRO covers all residential rental units in Fremont, including single family homes and condominiums, with a few exceptions.

The source of funding for the RRO is an annual per-unit cost-recovery fee that is approved annually by City Council and subsequently billed to residential landlords (Rent Review Ordinance Section 9.60.130). In determining the fee, staff divides the appropriated expenditures by the number of residential rental units subject to the RRO, with adjustments to reflect the expected collection rate and remaining funds from the prior year. In FY 2022/23, the fee was $13 per unit. This year the recommended fee amount is $14 per unit.

COVID-19 and Eviction Moratoriums. Beginning in the Spring of 2020 during the COVID-19 pandemic, both the City of Fremont and, then later, the County of Alameda established residential eviction moratoriums. The Fremont Moratorium was scheduled to end on June 30, 2022; however, it was superseded by the Alameda County Moratorium, which ultimately ended on April 29, 2023. The City’s Emergency Rental Assistance Program

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(ERAP), which provided $17.2 million of assistance to 1,450 households ended in November 2022.

With both the ERAP and Moratorium ending in the last year, the number of rent increase cases brought to the City more than doubled. The City pivoted to the Housing Stabilization Program (HSP), which assists residents with eviction information and mediation services to work out a repayment plan with their landlord to avoid eviction.

DISCUSSION/ANALYSIS: The following information serves as the annual report to Council to continue assessing the effectiveness of the RRO. The report covers the period from July 1, 2022, to June 30, 2023. As of the 2020 Census, the City has approximately 234,829 residents and 78,038 occupied housing units.1 Of the total housing units in Fremont, about 21% are renter occupied. There are approximately 16,408 rental units in Fremont that are subject to the RRO. Rental units that are not subject to the RRO include units that are hotels, boarding houses, transient accommodations, dormitories, mobile home space rentals, shared housing units, and junior accessory dwelling units. The average cost of rent in 2022-2023 for a 1-bedroom unit was $2,509.2

A total of 56 requests for rent review were received between July 1, 2022, and June 30, 2023, up from 26 requests from the previous year. Of the 56 cases, 29 were resolved by consultation and mediation, which is more than 50% of the cases brought for review. 26 cases were unresolved after consultation and mediation, and one case is still pending. Most cases brought to the City are resolved within the first two steps of the RRO process, which includes consultation, mediation, and a Rent Review Board hearing.

Resolved cases:

1. An increase of 8.79% was reduced to 5.0%

2. An increase of 31% was accepted by Tenant and Landlord agreed to a 2-year lease

3. An increase of 9.98% was reduced to 8.5%

4. An increase of 7.66% was cancelled

5. An increase of 10.0% was reduced to 3.58%

6. An increase of 5.0% was reduced to 2.4% and Landlord agreed to reimbursement for invalid increase the previous year

7. An increase of 8.0% was reduced to 7.0%

8. An increase of 5.0% was accepted by Tenant and Landlord agreed to delay the effective date of increase by 3 months

9. An increase of 4.0% was reduced to 2.5%

10. An increase of 3.75% was accepted by Tenant and Landlord agreed that "it is reasonable to expect that within the next few months, Tenant's rent will be reduced (due to requirements under a Tax Credit Allocation program)”

11. An increase of 8.8% was reduced to 5.0%

12. An increase of 10.0% was reduced to 7.45%

13. An increase of 5.98% was cancelled

14. An increase of 9.96% was reduced to 5.52%

15. An increase of 8.7% was reduced to 2.0%

1 Data from the United States Census Bureau;
https://data.census.gov/cedsci/table?q=population%20in%20fremont&tid=ACSDP5Y2020.DP05 2 The average rent is calculated using data from Rent.com, Rent Café, and Zumper, and may be skewed depending on how each reporting agency collects their data.

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16. An increase of 9.3% was reduced to 2.98%

17. An increase of 9.78% was reduced to 4.99%

18. An increase of 9.2% was reduced to 2.5%

19. An increase of 6.48% was reduced to 5.0%

20. An increase of 10.0% was reduced to 2.6%

21. An increase of 10.0% was cancelled

22. An increase of 8.63% was reduced to 4.98%

23. An increase of 10.0% was reduced to 5.0%

24. An increase of 4.97% was reduced to 3.44%

25. An increase of 8.4% was cancelled

26. An increase of 9.87% was cancelled, Landlord agreed to reimbursement for invalid increases the previous years, and Tenant chose to vacate

27. An increase of 9.72% was reduced to 4.95%

28. An increase of 11.0% was reduced to 5.0%

29. An increase of 7.97% was reduced to 3.07%

Staff has seen a large increase in cases since the prior year and anticipate more in the upcoming fiscal year as the rental and job markets recover.

FY 2023/24 Rent Review Ordinance Annual Fee

Staff has prepared a recommended per-unit fee for Council to adopt for FY 2023/24. The fee only applies to landlords with five or more units.

Amount to be Recovered: The cost recovery model divides the FY 2023/24 budgeted expenditures for the rent review ordinance program by the total number of billable residential rental units in the City. The projected budgeted expenditures for FY 2023/24 have been reduced from $276,230 to $257,832 to account for partial-year savings from a vacant position. Accounting for an estimated $40,300 of fund balance available for the program on June 30, 2023, the net amount to recover is $217,532.

Total Number of Billable Units: Staff estimates the total number of billable units to be 15,712. This number is based on the number of landlords that participated in the FY 2022/23 fee process. Adjusting for actual collections in FY 2022/23, the number of units to be used for purposes of calculating the fee is 15,538.

Annual Fee: Dividing the net amount to recover of $217,532 by the adjusted number of billable units, 15,538, yields a residential rental per-unit fee of $14. Consequently, staff recommends that the City Council adopt a per-unit fee of $14 for FY 2023/24, for full cost- recovery of administering the RRO.

The Master Fee Schedule will be amended annually to reflect each year’s budgeted or projected program expenditures, the rental unit inventory, and the estimated collection rate. In the event that the fees collected in one year exceed or fall below actual costs, adjustments will be made when the City determines the fee for the following year.

FISCAL IMPACT: There is no impact to the General Fund. All of the City’s ongoing costs incurred in the implementation and administration of the Rent Review Program will be recovered from rental unit owners through the annual Rent Review Program fee.

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ENVIRONMENTAL REVIEW: The proposed action is exempt from the requirements of California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), (4) and/or (5) and/or 15061(b)(3), in that it is an administrative or fiscal activity of the City which does not have the potential for causing a significant effect on the environment, each of the foregoing providing a separate and independent basis for CEQA exemption.

ATTACHMENTS:
• Draft 23-24 RRO Fee Resolution

RECOMMENDATIONS:

1. Receive the Rent Review Ordinance Annual Report;

2. Hold a public hearing;

3. Authorize a fee of $14 per residential rental unit in FY 2023/24 to recover the costs of the Rent Review Program; and

4. Adopt a resolution to amend the Master Fee Schedule to modify the Rent Review Program Fee.

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DRAFT

RESOLUTION NO.
20222023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AMENDING ARTICLE V OF THE MASTER FEE SCHEDULE TO ADD

THE RENT REVIEW PROGRAM FEE FOR THE ADMINISTRATION OF

THE RENT REVIEW ORDINANCE

WHEREAS, on March 1, 1994, the City Council adopted Resolution No. 8672, as amended from time to time, establishing the City of Fremont (“City”)’s Master Fee Schedule, fixing and establishing fees, rates and charges for goods and services provided by the City of Fremont; and

WHEREAS, the City’s Master Fee Schedule includes fees for certain City program services, which the City is allowed to collect to cover the costs of program administration; and

WHEREAS, on October 3, 2017, the City Council adopted a Rent Review Ordinance, which went into effect on January 1, 2018, (the “Ordinance”) creating a process for tenants and landlords to address concerns about rent increases; and

WHEREAS, on December 5, 2017, the City Council authorized the setting of a fee which would allow the City to recover the costs of implementing and administering the Rent Review Program on an on-going basis; and

WHEREAS, Staff projects FY 2022/232023/24 expenditures of $260,825257,832 for administration of the Ordinance; and

WHEREAS, taking into consideration the carryover balance of unspent revenue from FY 2021/222022/23 of $61,16640,300, the cost that would need to be recovered with the FY 2022/232023/24 fee is $199,659217,532; and

WHEREAS, the City has estimated that there are approximately 15,09515,538 rental units in Fremont subject to the Ordinance and taking into account the 97% collection rate from FY 2022/2023, with an expected collection from 15,095 units various collection rates for different categories of landlords, based on contemplating both expected delinquencies and exemptions that have not yet been reported.

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

SECTION 1. Article V of the Master Fee Schedule (Resolution No. 8672, as amended) is amended to adjust the fee schedule of the Rent Review Program, but keep the fee the same at to $1314/residential rental unit for the administration of the Rent Review Ordinance, which

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shall read as follows:

Article V, Section I

Rent Review Program Fee
197 53510 3799 Rent Review Program Fee $13.0014.00

SECTION 2. The Master Fee Schedule (as adopted by Resolution No. 8672, and as amended by this Resolution) shall be kept on file in the office of the City Clerk.

ADOPTED, , 2022 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 Assistant City Attorney

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Fremont City CouncilOctober 17, 2023

Fremont City Council
October 17, 2023