City Council Chambers
3300 Capitol Avenue
Fremont, CA
Fremont City Council
Lily Mei, Mayor
Yang Shao, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Jenny Kassan, District 3
Raj Salwan, District 5
Teresa Cox, District 6
City Staff
Karena Shackelford, City Manager
Rafael Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
Allen DeMers, Deputy City Manager
Geneva Bosques, Communications and
Legislative Affairs Director
LaShawn Butler, Interim Community
Services 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
Fremont City Council Agenda and
Report
January 09, 2024
General Order of Business
1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)
2. Consent Calendar
3. Ceremonial Items
4. Public Communications
5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees
6. Other Business
7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments
8. Adjournment
Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and
information by staff followed by City Council questions and inquiries. The applicant, or their authorized
representative, or interested citizens, may they speak
on the item; each speaker may only speak once to each
item. At the close of public discussion, the item will be considered by the City Council and action taken. Items
on the agenda may be moved from the order listed.
Consent Calendar
Items on the Consent Calendar are considered to be
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
citizen so requests, in which case the item will be
removed from the Consent Calendar and considered
separately. Additionally, other items without a “Request to Speak – Speaker Card” card in opposition may be
added to the consent calendar. The City Attorney will
read the title of ordinances to be adopted.
Spoken Public Communications and/or
Public Comment is limited to speakers
attending the meeting in-person in
City Council Chambers.
Agenda and Report - Fremont City Council Meeting - January 09, 2024
January 9, 2024 Fremont City Council Page 2
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING.
The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which provides a link to the live stream; or, via Comcast Channel 27.
Please note at this time, Channel 27 is only available to Comcast cable subscribers. The public may also view the meeting via Zoom, or attend in-person in the Council Chamber. The lobby doors open approximately 15 minutes prior to the start of the meeting. The public is strongly encouraged but not required to wear masks.
Attending January 9, 2024 City Council meeting online via Zoom https://us06web.zoom.us/j/84149747198
Webinar ID: 841 4974 7198
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.
January 9, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
January 09, 2024
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM
1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)
2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Speak – Speaker 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 November 21, 2023, the Regular Meeting of December 5, 2023, and the Regular Meeting of December 12, 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. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT ADDING CHAPTER 5.100 SHORT-TERM RENTALS TO THE
FREMONT MUNICIPAL CODE
RECOMMENDATION: Adopt an ordinance adding Chapter 5.100 (Short Term Rentals) to the Fremont Municipal Code.
January 9, 2024 Fremont City Council Page 4
D. AWARD A CONSTRUCTION CONTRACT FOR THE AQUA ADVENTURE WATER PARK SLIDE REFURBISHMENT PROJECT (PWC8501) - Approve the Plans and Specifications for the Aqua Adventure Water Park Slide Refurbishment Project; Appropriate $500,000 in the Recreation Cost Center Fund 189 Operating Improvement Reserve, and Award a Contract to Safe Slide Restoration for the Base Bid amount of $596,247.43, plus Alternate #1 for $14,152.20, and Alternate #2 for $37,199.48; plus a 10% Construction Contingency Amount of $64,759.91, for a Total Construction Contract Amount of $712,359.02.
Contact Persons:
Name: Eva Lee Kim Beranek
Title: Landscape Designer II Deputy Director
Dept: Landscape Architecture Community Services
Phone: 510-494-4776 510-494-4330
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Approve the Plans and Specifications for the Aqua Adventure Water Park Slide Refurbishment Project (PWC8501).
2. Appropriate $500,000 from the Recreation Cost Center (Fund 189) Operating Improvement Reserve for the Aqua Adventure Water Park Slide Refurbishment Project.
3. Accept the Base Bid and Alternates 1 and 2; award a construction contract; and authorize the City Manager or her designee to execute all construction related agreements with the lowest responsive and responsible bidder, Safe Slide Restoration, in the amount of $647,599.11, plus a 10% construction contingency amount of $64,759.91, for a total construction contract amount of $712,359.02.
E. ALAMEDA COUNTY PROBATION DEPARTMENT CONTRACT - Authorization to execute a Third Amendment to a Master Service Contract with Alameda County Probation Department for Programs Supporting At-Risk Youth and Families, through June 30, 2024; Appropriate Additional Funds, and Make Findings of CEQA Exemption
Contact Persons:
Name: Annie Bailey Suzanne Shenfil
Title: Youth and Family Services
Administrator
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or her designee to execute a Third Amendment with Alameda County Probation Department extending the term of the Agreement through June 30, 2024, for an additional amount of $266,244; and appropriate an additional $38,830 to Fund 133.
January 9, 2024 Fremont City Council Page 5
F. ACCEPTANCE OF COPS GRANT - Adopt a Resolution Acceptance and Spending Plan of the 2023/24 State of California Citizens Option for Public Safety (COPS) Grant
Contact Persons:
Name: Deirdre Rockefeller-Ramsey Sean Washington
Title: Police Business Manager Police Chief
Dept: Police Department Police Department
Phone: 510-790-6991 510-790-6969
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution accepting the 2023/24 California Citizens Option for Public Safety (COPS) grant in the amount of $662,145 as allocated in the Supplemental Law Enforcement Services Account (SLESA) for the Fremont Police Department and approving the spending plan set forth in the resolution to purchase items supporting front line law enforcement services.
G. FACILITIES MAINTENANCE AGREEMENT FOR LIGHTING, LANDSCAPE AND MAINTENANCE SERVICES FOR DISTRICT 88 - Authorize the City Manager or her Designee to Execute the Facilities Maintenance Agreement with New Image Landscape Company
Contact Persons:
Name: Andrew Freeman Kim Beranek
Title: Business Manager Deputy Director
Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4330
E-Mail: [email protected] [email protected]
RECOMMENDATION: Award a facilities maintenance agreement for a term ending June 30, 2029, and authorize the City Manager or her designee to execute the agreement with New Image Landscape Company, with a total not to exceed amount of $906,300.11.
H. CONCRETE REPAIRS AND INTERSECTION RAMPS PROJECT - Approval of the Plans and Specifications and Award of Contract to Spencon Construction, Inc. for the 2024 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-H), for the Base Bid, two Add Alternates, plus a 14% Construction Contingency, for a Total Construction Contract Amount of $2,978,579; Make Findings of CEQA Exemption.
Contact Persons:
Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approval of the following actions related to the 2024 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-H):
1. Approve the plans and specifications for the project.
2. Accept the Base Bid and Alternate Bids 1 and 2; award the contract to the lowest responsive and responsible bidder, Spencon Construction, Inc. in the amount of $2,618,579 and allocate a 14% construction contingency in the amount of $360,000 for a total construction contract amount of $2,978,579, and authorize the City Manager or designee to execute the contract.
January 9, 2024 Fremont City Council Page 6
3. Find that the project is categorically exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15301 as the repair, maintenance or minor alteration of an existing facility involving no or negligible expansion of use beyond that presently exists.
I. AWARD A CONSTRUCTION CONTRACT FOR THE CALIFORNIA NURSERY
HISTORICAL PARK INTERPRETIVE SIGNAGE INSTALLATION PROJECT (PWC8837) – Approve the Plans and Specifications for the California Nursery Historical Park Interpretive Signage Installation Project, PWC8837; and Award a Contract to Square Signs LLC dba Front Signs for the Base Bid amount of $240,430, plus a 15% Construction Contingency Amount of $36,065, for a Total Construction Contract Amount of $276,495; Find the project is consistent with the adopted California Nursery Historical Park Master Plan, for which an Environmental Impact Report (EIR) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).
Contact Persons:
Name: Connie Chao Kim Beranek
Title: Landscape Designer II Deputy Director
Dept: Landscape Architecture Community Services
Phone: 510-494-4742 510-494-4330
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Approve the Plans and Specifications for the California Nursery Historical Park Interpretive Signage Installation (PWC8837).
2. Find the project is consistent with the adopted California Nursery Historical Park Master Plan Environmental Impact Report (EIR), which was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).
3. Award a construction contract and authorize the City Manager or designee to execute all construction related agreements with the lowest responsive and responsible bidder, Square Signs LLC dba Front Signs, for $240,430, plus a 15% construction contingency in the amount of $36,065, for a total construction contract amount of $276,495.
J. I-680/NORTH MISSION BOULEVARD INTERCHANGE MODERNIZATION PROJECT - Approval of Cooperative Agreement with Caltrans to Support the Project Approval, Environmental Clearance and Design Phases for the I-680/North Mission Boulevard Interchange Modernization Project (PWC 9021).
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: Authorize the City Manager or designee to execute a cooperative agreement with Caltrans to support the project approval, environmental clearance and final design phases for the I-680/North Mission Boulevard Interchange Modernization project.
January 9, 2024 Fremont City Council Page 7
K. PROTECTED INTERSECTION PROJECT AT FREMONT/COUNTRY - Approval of Plans and Specifications; Award Contract to GradeTech, Inc. in the Amount of $1,755,135.72 (includes 10% Contingency) for the Fremont Boulevard and Country Drive Protected Intersection Project (PWC9050); Appropriation Actions; and Make Findings of CEQA Exemption Contact Persons:
Name: Edelzar Garcia Hans Larsen
Title: Associate Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4781 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approval of the following actions related to the Fremont Boulevard and Country Drive Protected Intersection Project (PWC9050):
1. Find that this project is exempt from California Environmental Quality Act (CEQA) review pursuant to Section 21080.25 of the California Public Resources Code as a sustainable transportation project that implements pedestrian and bicycle facilities and improves multimodal safety and access for current and potential transit riders and is further exempt pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.
2. Approve the plans and specifications for the project.
3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, GradeTech Inc., in the amount of $1,595,577.72 and allocate a 10% construction contingency in the amount of $159,558 for a total construction contract amount of $1,755,135.72, and authorize the City Manager or designee to execute the contract.
4. Reallocate $605,826.72 from PWC9092-134 to PWC9050-134.
5. Reallocate $225,000 from PWC9092-515 to PWC9050-515.
6. Reallocate $300,000 from PWC9092-520 to PWC9050-520.
L. FREMONT-DECOTO LAND DEVELOPMENT PLAN PROJECT MANAGEMENT SERVICE AGREEMENT – Authorize the City Manager or Her Designee to Execute a Service Agreement with WestGate Ventures for Project Management Services to Prepare a Land Development Plan for the City- Owned Parcel at the Corner of Fremont Boulevard and Decoto Road; Reallocate Funding
Contact Persons:
Name: Mark Hungerford Dan Schoenholz
Title: Senior Planner Community Development Director
Dept: Planning Community Development
Phone: 510-494-4541 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager or her designee to enter into a service agreement with WestGate Ventures in a not-to-exceed amount of $320,000; and
2. Reallocate $570,000 from PWC8520-501 to PWC9112-501 to fund the WestGate Ventures service agreement and $250,000 in estimated staff costs.
January 9, 2024 Fremont City Council Page 8
3. Ceremonial Items
A. Proclamation: Afro American Cultural & Historical Society, Forty-Seventh Commemoration of Dr. Martin Luther King, Jr. Day
B. Resolution: Honoring Jean Morgan of Abode Services
C. Resolution: Honoring Case Manager Dagmar Stonas, RN for Twenty-five Years of Service
D. Resolution: Honoring Captain Matthew Snelson for Twenty Years of Service
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM
CONSENT CALENDAR
5. Scheduled Items - None.
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
January 9, 2024 Fremont City Council Page 9
ACRONYMS
ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD
BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET
Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program
ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment
January 9, 2024 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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)
Monday,
February 5, 2024 5:30 p.m. CC/FUSD Joint Meeting FUSD Hosts Live February 6, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 13, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 20, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 27, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
March 5, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
March 12, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
March 19, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
March 26, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
April 2, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
April 9, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
April 16, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
April 23, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
April 30, 2024 No City Council Meeting
(5th Tuesday)
Fremont City Council Meeting: 01/09/24 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 # 5071) DOC ID: 5071
Updated: 1/4/2024 9:23 PM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Regular Meeting of November 21, 2023, the Regular Meeting of December 5, 2023, and the Regular Meeting of December 12, 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 November 21, 2023, the Regular Meeting of December 5, 2023, and the Regular Meeting of December 12, 2023.
ATTACHMENTS:
• Draft Minutes
RECOMMENDATION: Approve minutes.
2.B
Packet Pg. 11
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
NOVEMBER 21, 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: Vice Mayor Cox led the s alute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Cox, Councilmembers: Campbell, Shao, and Salwan. Councilmember Kassan arrived at 7:04 p.m.
Absent: Councilmember Keng
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 Shao, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Campbell, Shao, and Salwan
Noes: None
Absent: Councilmembe
rs: Keng and Kassan
Abstain: None
* B. Approval of Minutes – None.
2.B.a
Packet Pg. 12
Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
* C. Mayor Mei opened consideration of Selection of the Vice Ma yor for the Period Covering November 2023 through July 2024
On a motion by Vice Mayor Cox, seconded by Councilmember Shao, the City Council by motion, appointed Councilmember Yang Shao as the Vice Mayor for the period covering November 2023 through July 2024.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Campbell, Shao, and Salwan
Noes: None
A
bsent: Councilmembe rs: Keng and Kassan
Abstain: None
* D. Mayor Mei opened consideration of Approval of Purchase Ord ers through Cooperative Agreements for the Purchase of Various Fleet Vehicles with: 1) Tymco, Inc. for the Purchase of Two Street Sweepers in an Amount Not to Exceed $818,429.88; 2) Vac-Con Inc., for the Purchase of a Vac-Con Storm Drain Cleaning Truck in an Amount Not to Exceed $782,097.93 and; 3) PB Loader Corporation for an Asphalt Patch Truck in an Amount Not to Exceed $289,628.84. Related Appropriation Action. Exempt from CEQA (Purchase of Fleet Vehicles)
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person commented: Malaya Cruz. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:
1. Authorized the City Manager or designee to execute a purchase order with Tymco, Inc. for the purchase of two street sweeper vehicles in an amount not to exceed $818,429.88.
2. Authorized the City Manager or designee to execute a purchase order with Vac-Con Inc., for the purchase of one Vac-Con storm drain cleaning truck in an amount not to exceed $782,097.93.
3. Authorized the City Manager or designee to execute a purchase order with PB Loader Corporation for one asphalt patch truck in an amount not to exceed $289,628.84.
4. Appropriated an additional $295,00 0 for vehicle replacement in the Integrated Waste Management Fund (Fund 115).
5. Found the proposed action is not a project as defined by Public Resources Code Section 21065, and, alternatively, each as a separate and independent basis for CEQA compliance, find the action is exempt from CEQA review under Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, and Section 15378(b), as an organizational, administrative, policy and fiscal activity that will not result in direct or indirect physical change in the environment.
2.B.a
Packet Pg. 13
Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: Councilmember Ken
g
Abstain: None
* E. Mayor Mei opened consideration to Acceptance and Appropria tion of $111,677 in Grant Funds to Support the City's Housing Element Update and Implementation Activities, and to Consider a Finding that the Acceptance of Grant Funding to Support the Housing Element is Exempt from the California Environmental Quality Act (CEQA), per, Without Exception, Each as a Separate and Independent Basis, Guideline Section 15183, in that the Proposed Housing Element Update is Consistent with the Density Established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was Previously Prepared and Certified, and CEQA Guidelines Section 15061(b)(3), in that it Can be Seen with Certainty that There is No Possibility that the Proposed Housing Element Update would have the Potential for Causing a Significant Effect on the Environment. Additionally, Many Programs in the Housing Element Qualify as Being Statutorily or Categorically Exempt from CEQA Review Pursuant to State CEQA Guidelines Sections 15378 (Definition of a Project), 15262 (Feasibility and Planning Studies), 15267 (Financial Assistance to Low or Moderate Income Housing), 15305 (Minor Alterations in Land), 15301 (Existing Facilities), and 15311 (Accessory Structures). (Appropriation of Regional Early Action Planning (REAP) Grant)
On a motion by Vice Mayor Cox, seconded by Councilmember Shao, the City Council accepted the REAP grant funding from the Association of Bay Area Governments, and appropriated $111,677 to the Miscellaneous Operating Grants Fund (Fund 190) for the purpose of supporting Housing Element Update and Implementation activities.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Campbell, Shao, and Salwan
Noes: None
Absent: Councilmembe
rs: Keng and Kassan
Abstain: None
3. CEREMONIAL ITEMS – None.
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
The following persons commented: Steve Skala, Suravi Bajaj, Daniel Karpelevitch, and Kelly Abreu.
2.B.a
Packet Pg. 14
Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
5. SCHEDULED ITEMS – None.
6. OTHER BUSINESS
A. Mayor Mei opened consideration of a presentation from AC Tr ansit on Realign, a Comprehensive Planning Process to Better Match Service to Peoples’ Transit Needs
AC Transit Realign Bus Service Network Plan Update was given by Michael Eshleman, Service Planning Manager / Acting Realign Project Manager. Mr. Eshleman responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following persons commented: Lisa Danz, Daniel Karpelevitch, Gurseerat Kakar, and Prableen Kakar. There being no speakers, Mayor Mei closed the public comment period.
The City Council received presentation and provided comment.
7. ITEMS REFERRED B Y COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees
1. Mayor Mei opened consideration of Mayor Mei Referral: Appoin tments and Reappointments to Advisory Bodies
See Green Sheet on file.
APPOINTMENTS:
Advisory Body Appointee Term Expires
East Bay Regional Park District Liaison Jessica Williams 12/31 /2027 Committee Recreation Commission Representative (Primary)
East Bay Regional Park District Liaison Narda Mamou 12/31/202 7 Committee Recreation Commission Representative (Alternate)
Economic Development Advisory Commission Fernando Cuebas 12/31/ 2027 At Large Representative
George W. Patterson House Advisory Board Sandar Sankaran 12/31/ 2025 Recreation Commission Representative
Mobility Commission D a n i e l K a r p e l e v i t c h 1 2 / 3 1 /2027 Bicycling Representative 2
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Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
REAPPOINTMENTS:
Advisory Body Appointee Term Expires
Historical Architectural Review Board Dave Jacobs 12/31/2027
Mobility Commission F l a v i o P o e h l m a n n 1 2 / 3 1 /2027 Pedestrian Representative 2
Mobility Commission J a i n S h i k h a 1 2 / 3 1 /2027 Transit Representative 2
Mobility Commission M a r k S p e n c e r 1 2 / 3 1 /2027 Driving Representative 2
Senior Citizens Commission Claudette Surma 12/31/2027
On a motion by Councilmember Cox, seconded by Councilmember Shao, the City Council approved appointments and reappointments, including noted Green Sheet changes.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: Councilmember Ken
g
Abstain: None
C. Legislative Actions – None.
D. Report on Committee Assignments – None.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:00 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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Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
DECEMBER 5, 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 Keng led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
D. Announcements by Mayor/City Manager/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
Assistant City Manager Stott 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 Councilmember Cox, seconded by Councilmember Salwan, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: None
A
bstain: None
* B. Mayor Mei opened consideration of Approval of Minutes
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council approved minutes for the Regular Meeting of October 17, 2023, the Regular Meeting of November 7, 2023, and the Special and Regular Meetings of November 14, 2023.
Ayes: Mayor Mei, Vice Mayor Shao**, Councilmembers: Keng, Campbell, Kassan, Salwan, an
d Cox**
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Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
Noes: None
Absent: None
Abstain: **Councilmembers Shao a nd Cox abstained from voting to approve minutes for the 11/14/2023 Minutes.
* C. Mayor Mei opened consideration of Second Reading and Adopt ion of an Ordinance of the City of Fremont Amending Various Chapters of Fremont Municipal Code Title 17 (Subdivisions) and Title 18 (Planning And Zoning) to Comply with State Law and Implement Programs 16, 17, 18, 32, 34, 36, 37, 44, 45, 46, 69, 74, 76, and 91 of the City’s 2023-2031 Housing Element; and Making Findings of CEQA Exemption (PLN2023-00213).
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council adopted Ordinance No. 07-2023 approving amendments to FMC Title 17 (Subdivisions) and Title 18 (Planning and Zoning).
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Camp
bell, Kassan, Salwan, and Cox
Noes: None
Absent: None
A
bstain: None
3. CEREMONIAL ITEMS
A. Resolution: Honoring Park Maintenance Worker Perry Te’o for Thirty-five Years of Service
B. Resolution: Recognizing Dr. Harry Edwards
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
The following persons commented: Kelly Abreu, Keith Parker, Shreya Tammali, and Salim Mastan.
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of a Public Hearing (Publish ed Notice) to Adopt a Resolution to Amend the Master Fee Schedule to Implement CUPA Surcharge Fee Increases Imposed by the State of California, Environmental Protection Agency ("CalEPA") (CUPA/HAZMAT State Surcharge Increases)
No presentation. On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council:
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Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
1. Held a public hearing regarding the State increases in surcharge fees.
2. Adopted Resolution No. 2023-53 a mending the Master Fee Schedule to increase the Unified Program General Oversight Surcharge fee from $57 to $67 and increase the CalARP surcharge fee from $270 to $370 per business/facility annually.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
A
bstain: None
6. OTHER BUSINESS – None.
7. ITEMS REFERRED B Y COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees
1. Mayor Mei opened consideration of Mayor Mei Referral: Reappo intments to Advisory Bodies
APPOINTMENTS:
Advisory Body Appointee Term Expires
Alameda County Mosquito Abatement District John Zlatnik 12/31/ 2025
Senior Citizens Commission Esther Orobiyi 12/31/2027
Senior Citizens Commission Dr. James Thomas 12/31/2025
REAPPOINTMENTS:
Advisory Body Appointee Term Expires
Youth Advisory Commission Sam hita Balakrishnan 12/31/2025
Youth Advisory Commission Emily Tang 12/31/2025
Youth Advisory Commission S riram Natarajan 12/31/2025
Youth Advisory Commission Saanchi Kapoor 12/31/2025
Youth Advisory Commission Allyson Wong 12/31/2025
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved appointments & reappointments.
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Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
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 7:45 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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Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
DECEMBER 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, Councilme mbers: Keng, Campbell, Kassan, Salwan, and Cox
Absent: Vice Mayor Shao
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 Councilmember Salwan, seconded by Councilmember Cox, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* B. Approval of Minutes – None.
* C. Mayor Mei opened considera tion of Approval to Authorize the City Manager or their Designee to Enter into an Amendment with the County of Alameda, for the City to Provide Access Point and Housing Resource Center Services; and Appropriate additional funds.
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Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:
1. Authorized the City Manager or her designee to execute a Standard Service Agreement Amendment of $177,082 with the County of Alameda to provide Access Point and Housing Resource Center services and make findings of CEQA exemption discussed in this report.
2. Increased revenue estimates a nd appropriated an additional $36,611 for these services in the Alameda County Health Care Services Agency Fund (Fund 179).
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* D. Mayor Mei opened considera tion of Approval to Authorize the City Manager, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with DocuSign, Inc., for the Annual Electronic Signatures Solution Renewal; Associated Appropriation Action
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:
1. Authorized the City Manager , or designee, to issue a purchase order and to execute implementing documents with DocuSign, Inc., for the Annual Electronic Signatures Solution Renewal in an amount not to exceed $127,512.
2. Appropriated $95,634 in the Develop ment Cost Center Building Fund (Fund 392) to PWC8746, Land Use Permitting System.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* E. Mayor Mei opened consideration to Adopt Resolutions Settin g the Integrated Waste Management Collection Rates, Transfer Station Service Fees, and Landfill Disposal Fees for January 2024 through December 2025 (Solid Waste Collection Rates)
See Green Sheet on file.
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person commented: Kelly Abreu. There being no additional speakers, Mayor Mei closed the public comment period. Staff responded to questions from Councilmembers. Councilmembers provided comments.
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Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:
1. Adopted Resolution No. 2023-55 s etting disposal fees at the Altamont Landfill effective January 1, 2024.
2. Adopted Resolution No. 2023-54 s etting service fees at the Fremont Recycling and Transfer Station effective January 1, 2024.
3. Adopted Resolution No. 2023-57 s etting Curbside Recycling Processing payment and Yardwaste Transfer fees at the Fremont Recycling and Transfer Station effective January 1, 2024.
4. Adopted Resolution No. 2023-56 s etting Solid Waste Collection rates effective January 1, 2024.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* F. Mayor Mei opened considera tion of Approval to Authorize the City Manager or her Designee to Execute a Five-Year License Agreement with Two Five-Year Renewal Options with Friends of Heirloom Flowers Garden Club for Use of Shinn Historical Park and Arboretum and Find this Action is Exempt from CEQA Review
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:
1. Authorized the City Manager or designee to execute a license agreement with the Friends of Heirloom Flowers Garden Club for use of Shinn Historical Park and Arboretum for a five-year period through 2028, with the option to renew for two additional five-year periods through 2038.
2. Found the license agreement is exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061 and 15378.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* G. Mayor Mei opened considera tion of Approval to Authorize the City Manager or their Designee to accept $250,000 in Enhancing Vision 2026 funds recommended by the Offices of Supervisors Haubert and Marquez and to Enter into an Agreement with Alameda County to provide the SparkPoint Fremont program; and Appropriate Anticipated Program Expenses. (Enhancing Vision 2026 Fund Service Agreement)
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Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:
1. Authorized the City Manager or her designee to accept and enter into an agreement, in the amount not to exceed $250,000, with the County of Alameda, upon approval by the Board of Supervisors, to provide support for the SparkPoint Fremont program.
2. Recognized the revenue a nd appropriate $125,000 in the Family Resource Center Fund (Fund 108).
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Fremont Chamber of Commerce, Small Business Appreciation Day, December 12, 2023
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
Communications 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: Ben Yee, Rizwaw Ashraf (Unified Muslim Community), Joanne Schwab, and Salim Mastan.
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of a Public Hearing (Publish ed Notice) to Consider Adopting a Resolution Amending the Master Fee Schedule to Update Various Public Works – Engineering Fees to Reflect Current Cost of Services and to Ensure Accurate Cost Recovery (Update to Engineering Fee Schedule)
Public Works Director Hans Larsen provided an overview. There were no public speakers.
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council:
1. Held a Public Hearing; and
2. Adopted Resolution No. 2023-58 a mending the Master Fee Schedule to reflect the changes in the proposed updated Master Fee Schedule (Exhibit A to Resolution) for Public Works Engineering Fees, effective as of February 10, 2024.
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Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
B. Mayor Mei opened consideration to Receive the Development I mpact Fee Annual Report for Fiscal Year 2022/23 and Hold a Public Hearing (Published Notice) to Consider a
1.73% Decrease in Development Impact Fees to Align with the Bay Area Construction Cost Index (Development Impact Fee Annual Report)
Public Works Director Hans Larsen provided an overview. Mayor Mei opened the public Hearing. The following person(s) commented: Kelly Abreu. There being no additional speakers, Mayor Mei closed the public hearing. Staff responded to questions from Councilmembers. Councilmembers provided comment.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:
1. Approved the Development Impact Fee Annual Report for Period Ending June 30, 2023.
2. Held a public hearing to hear a ny public comments regarding the proposed development impact fee adjustment.
3. Adopted Resolution No. 2023- 59 approving a 1.73% decrease to development impact fees for the capital facilities, fire facilities, park facilities, parkland, and traffic programs to reflect construction cost changes in 2023, effective July 1, 2024, and amending the master fee schedule to reflect the revised fees.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
6. OTHER BUSINESS
A. Mayor Mei opened considera tion of Approval to Introduce an Ordinance Adding Chapter 5.100 Short-Term Rentals to the Fremont Municipal Code and to Consider a Finding that the Ordinance is Exempt from the Requirements of the California Environmental Quality Act (CEQA) per, Each as a Separate and Independent Basis, (1) Title 14 of the California Code of Regulations, Section 15061(b)(3) and Section 15378. (Short Term Rental Ordinance)
Communications 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.
Code Enforcement Manager/Senior Planner David Wage gave a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened the public comment period. The
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Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
following person(s) commented: Rom Stanley and Kelly Abreu. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by comments from Councilmembers.
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council:
1. Found that the short-term renta l ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) per, each as a separate and independent basis, (1) Title 14 of the California Code of Regulations, Section 15061(b)(3), that this is not a project which has the potential for causing a significant effect on the environment, and (2) CEQA Guidelines Section 15378 in that the proposed ordinance is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.
2. Waived the first re ading and introduced an ordinance adding Chapter 5.100 to the Fremont Municipal Code.
3. Directed staff to prepare a nd the City Clerk to post and publish a summary of the ordinance accordance with Government Code Section 36933(c)(1).
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
7. ITEMS REFERRED B Y COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees
1. Mayor Mei opened consideration of Mayor Mei Referral: Reappointments to Advisory Bodies
REAPPOINTMENTS:
Advisory Body Appointee Term Expires
A r t R e v i e w B o a r d M a r s h a S q u i r e s 1 2 / 3 1 /2027
Historical Architectural Review Board Thomas McLauchlan 12/31/ 2027
Planning Commission C r a i g S t e c k l e r 1 2 / 3 1 /2027
Planning Commission J a s m i n e B a s r a i 1 2 / 3 1 /2027
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Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12)
*Consent Items
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved reappointments.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: 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 8:40 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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Attachment: Draft Minutes (5071 : Approval of Minutes - 2023-11-21 - 2023-12-12) Fremont City Council Meeting: 01/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5067) DOC ID: 5067
Updated: 1/4/2024 9:54 AM by Susan Gauthier Page 1
SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT ADDING CHAPTER 5.100 SHORT-TERM RENTALS TO THE FREMONT
MUNICIPAL CODE
Contact Persons:
Name: Susan Gauthier David Wage
Title: City Clerk Code Enforcement
Manager/Senior Planner
Div/Dept: City Clerk's Office Code Enforcement
Phone: 510-284-4076 510-494-4447
E-Mail: [email protected] [email protected]
Executive Summary: A short-term rental (“STR”) is a rental of all or a portion of a residential unit for periods of less than 30 consecutive nights. The popularity of online booking platforms, such as Airbnb and VRBO, has increased the market demand and supply of short-term rentals. There are approximately 300 to 400 unique STR listings in Fremont.
Short-term rentals provide positive benefits, including the economic benefit of rental income for the host and increased spending in the local economy. However, if unregulated, short - term rentals can negatively impact the long-term housing supply and result in nuisance activities which affect neighborhoods. Staff has developed a draft STR ordinance that would allow STRs to continue to operate in the City and would include provisions to address nuisance conditions that are sometimes associated with STRs.
Staff recommends amending Title 5 (Business Licenses and Regulations) by adopting a STR Ordinance that would allow STRs as an ancillary use in residential units with approval of a STR permit and that includes standards to address potential nuisance and neighborhood compatibility issues associated with STRs.
The ordinance was introduced by the City Council at its December 12, 2023 meeting. The ordinance is now before the Council for adoption.
ATTACHMENTS:
• Draft Ordinance - Short-Term Rentals
RECOMMENDATION: Adopt an ordinance adding Chapter 5.100 (Short Term Rentals) to the Fremont Municipal Code.
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Ordinance No. XX- 2023 Page 1 of 12
ORDINANCE NO. XX-2023
AN ORDINANCE OF THE CITY OF FREMONT ADDING CHAPTER 5.100
SHORT-TERM RENTALS TO THE FREMONT MUNICIPAL CODE
WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Government Code section 65589.5); and
WHEREAS, the Legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban spr awl, excessive commuting, and air quality deterioration” (Government Code section 65589.5); and WHEREAS, the Legislature adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49 th out of the 50 states in housing unit s per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years;” and WHEREAS, State Housing Element Law (Government Code section 65580 et seq.) requires the city to adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City’s regional housing need allocation (RHNA) of 12,897 housing units, comprised of 3,640 very-low income units, 2,096 low-income units, 1,996 moderate-income units, and 5,165 above moderate-income units; and
WHEREAS, State law requires that the City take meaningful steps to promote and affirmatively further fair housing (Government Code section 65583(c)(5)); and WHEREAS, the Housing Element must be adopted to comply with State law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing (Government Code sections 65583.2 and 65583(c)); and
WHEREAS, on January 10, 2023 , the City Council adopted the Ho using Element after determining it to be consistent with State law and the City’s General Plan; and WHEREAS, on March 22, 2023, the California Department of Housing and Community Development (HCD) certified the City’s 2023–2031 Housing Element, making Fremont the sixth city in Alameda County to receive State certification; and WHEREAS, State law requires that the City review its Housing Element as frequently a s appropriate to evaluate the progress of the City in imp lementation of its Housing Element (Government Code section 65588); and
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Attachment: Draft Ordinance - Short-Term Rentals (5067 : Second Reading and Adoption of an Ordinance_Short-Term Rentals)
Ordinance No. XX- 2023 Page 2 of 12
WHEREAS, Program No. 9 in the Housing Element calls for the City to adopt and implement a Short-Term Rental Ordinance designed to prevent the conversion of units into short- term rentals; and
WHEREAS, Short-Term Rentals can also have negative impacts on a neighborhood such as trash, noise, and parking; and
WHEREAS, the proposed FMC Chapter 5.100 (Short-Term Rentals) is intended to implement a Program in the city’s Housing Element and address the negative impacts associated with Short-Term Rentals; and
WHEREAS, on December 12, 2023 , the City Council held a hearing, at which time all interested parties had the opportunity to be heard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FMC TITLE V, CHAPTER 5.100 SHORT-TERM RENTAL ORDINANCE ADDED
Fremont Municipal Code Title 5, Chapter 5.100 is added to read as follows:
Chapter 5.100
Short-Term Rentals
5.100.010 Purpose and intent.
5.100.020 Definitions.
5.100.030 Short-term rental permit.
5.100.040 Regulations applicable to short-term rentals.
5.100.050 Requirements for all short-term rentals and operations.
5.100.060 Administrative Regulations.
5.100.070 Grant or denial of short-term rental permit.
5.100.080 Grounds for revocation or suspension of short-term rental permit.
5.100.090 Appeal of denial, revocation or suspension.
5.100.100 Violations a public nuisance; penalties.
5.100.110 Amnesty period for short-term rentals.
Section 5.100.010 Purpose and Intent.
The purpose of this chapter is to establish short-term rental standards that:
(a) Allow limited short-term rental uses while preventing the loss of housing stock and protect affordable housing units from conversion;
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Attachment: Draft Ordinance - Short-Term Rentals (5067 : Second Reading and Adoption of an Ordinance_Short-Term Rentals)
Ordinance No. XX- 2023 Page 3 of 12
(b) Preserve and protect neighborhood character and livability from adverse impacts that are often associated with short-term rentals; and
(c) Provide a registration process for the city to track and enforce these requirements.
Sec. 5.100.020 Definitions.
Whenever the following terms are used in this chapter, they shall have the meaning established by this section:
(a) "Local contact person" means a natural person, whether the owner, host, or agent of the host, who is available 24 hours per day, seven days per week to respond to complaints regarding the condition, operation, or conduct of occupants of a short-term rental unit. (b) "Bedroom" means any habitable space in a dwelling unit other than a kitchen or living room that is intended for or capable of being used for sleeping, is at least seventy square feet in area, is separated from other rooms by a door, and is accessible to a bathroom without crossing another bedroom. Notwithstanding the foregoing, a studio unit shall be considered a bedroom. (c) "Dwelling unit" means "Dwelling unit" as defined in Chapter 18.25, Definitions. (d) "Good neighbor guidelines " means guidelines prepared by the city, as may be revised from time to time regarding the general rules of conduct to be followed when operating a short-term rental.
(e) "Host" means a natural person or people who offer a short-term rental in their primary residence.
(f) "Hosting platform" means business or person that provides a means through which a host may offer a dwelling unit, or portion thereof, for short-term rentals . A hosting platform is usually, though not necessarily, provided through an internet -based platform. It generally allows a host to advertise the dwelling unit through a website provided by the hosting platform and provides a means for potential transients to arrange short-term rentals, whether the transient pays rent directly to the host or to the hosting platfor m.
(g) "Owner" means any person owning property, as shown on the last equalized assessment roll for city taxes, or the lessee tenant, or other person having control or possession of the property. (h) “Primary residence” means the usual place of return for housing of an owner as documented by at least two of the following: motor vehicle registration, driver’s license, California state identification card, voter registration, income tax return, property tax bill, or a utility bill. A host can only have one primary residence.
(i) "Short-term rental" or "short-term rental unit" means the use of any dwelling unit, or portions thereof for dwelling, sleeping or lodging purposes for less than 30 consecutive days . This definition excludes tourist hotels and residential hotels. (j) "Short-term rental permit" means a permit to establish a short -term rental.
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(k) "Transient" means any person who rents and or stays in a short-term rental.
Sec. 5.100.030 Short-term rental permit
(a) It shall be unlawful for any person or persons to establish, operate, or maintain a short-term rental without first obtaining a short-term rental permit pursuant to this chapter. (b) Application for a short-term rental permit shall be submitted to the community development department, on a form provided by the community development director, which shall include, but not limited to, the following:
(1) Contact information. The name, address, and telepho ne number of the owner (and host if different) of the subject short-term rental; (2) Owner consent. If the host is not the owner, the host must demonstrate written consent of the owner to operate a short-term rental on the property; (3) Proof of residence. Proof that the location of the proposed short-term rental is the primary residence of the host;
(4) Address. The address of the proposed short-term rental; (5) Bedrooms. Number of bedrooms in the short-term rental; (6) Local contact person . The name, address, and 24 -hour telephone number of the local contact person . Verification that the local contact person can respond in person to the site of the short-term rental unit within 60 minutes of notification of a complaint;
(7) Parking. The location and dimensions of the off -street parking space(s) designated for the short-term rental;
(8) Homeowners associations. For short-term rentals located in any area governed by a homeowners association or community association (association) and subject to CC&Rs, t he owner must additionally submit a copy of a letter to the association's governing board stating the applicant's intent to operate a short- term rental unit and inviting the association to submit a letter to the city stating one of the following: (1) that short-term rentals are not prohibited at the proposed unit by the CC&Rs; or (2) that a short-term rental is allowed at the proposed unit under the CC&Rs, but only under certain conditions, and a statement of whether or not the conditions here are met; or ( 3) that the CC&Rs do not allow short-term rentals as defined herein ;
(9) Insurance. Proof of insurance as required in this chapter; (10) Good neighbor policy. A copy of the good neighbor policy , signed by the host, certifying that the host has read and understands the guidelines for responsible operation;
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(11) Life safety equipment certification . The host must attach a copy of the "Smoke Alarm & Carbon Monoxide Alarm Self Certification" for the property to be used as a short-term rental to the application in order to en sure the space has a fire extinguisher, smoke alarms and carbon monoxide alarms;
(12) Other. Such other information as the community development director deems reasonably necessary to administer this section;
(13) Acknowledgement. Certification that the host will comply with all provisions of this section and all regulations promulgated pursuant to this section or be subject to the revocation of his or her short-term rental permit; (14) Application fee. The initial application and each renewal application for a short- term rental permit shall be accompanied by an application fee to be established by resolution by the city council;
(c) Duty to amend application. If there are any material changes to the information submitted on a short-term rental permit application, the host shall submit an amended application on a form to be provided by the city and signed by the host within 30 days of any such changes. For the purposes of this subdivision, any change to the information required to be included in a short-term rental permit application by this subdivision shall constitute a material change.
Failure to submit an amended short-term rental permit application may result in revocation of the short-term rental permit.
Sec. 5.100.040 Regulations applicable to short-term rentals. (a) Permitted in primary dwelling units only. Short-term rentals are permitted in primary dwelling units only. Short-term rentals are not permitted within accessory structures and buildings, accessory dwelling units (ADUs), junior accessory swelling units (JADUs), guest house accessory buildings, recreational vehicles, or dwelling units constructed under the provisions of California Government Code sections 65852.21 and 66411.7 as may be amended. (b) Rentals per dwelling unit. A maximum of one short-term rental is permitted per dwelling unit at any given time.
(c) Number of short-term rentals. A host may not have more than one short-term rental in the City of Fremont.
(d) No annual limit. A short-term rental is allowed for an unlimited number of days during the calendar year.
(e) Affordable units. Short-term rentals are not permitted in affordable units as defined in Chapter 18.155 (Affordable Housing).
(f) Homeowners association. Short-term rentals may be prohibited by a homeowners association’s Covenants Conditions and Restrictions (CC&Rs). All new short-term rental permit applications require a written approval letter from an HOA having authority over the property.
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(g) No person or business shall undertake, maintain, authorize, aid, facilitate or advertise any short-term rental that does not comply with this section. For the purposes of this section only, person does not include a hosting platform.
(h) Responsibility. Notwithstanding anything in this section , the owner shall not be relieved from any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental, regardless of whether such noncompliance was committed by the owner or host or transients.
Sec. 5.100.050 Requirements for all short-term rentals and operations.
A short-term rental must conform to all of the following operating standards and requirements:
(a) Compliance. Owner, hosts, and transients of the short-term rental must comply with all applicable Federal, State, and local laws. The host must ensure compliance with this provision. (b) Maximum occupancy. The maximum number of transients for a short-term rental shall not exceed two persons per bedroom.
(c) Off-street parking requirement . All parking associated with the short-term rental shall be entirely onsite, in the garage, carport and driveway or otherwise off the public street. Parking shall be only in designated or available parking spaces upon the property. This requirement does not apply in established transit-oriented development (TOD) overlay districts. (d) Exterior alterations. The exterior of the dwelling unit must not be altered such that the structure appears to serve a nonresidential use.
(e) Signage. Signs that advertise the availability of the short-term rental are prohibited on or at the location of the short -term rental.
(f) Trash and refuse. Trash and refuse must be stored outside of public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days.
(g) Local contact person . The host must identify and designate a local contact person who must be available 24 hours per day, seven days per week, to respond to all complaints regarding the condition, operation or conduct of transients. The local contact person must respond in-person to complaints within 60 minutes.
(h) Liability insurance. Liability insurance for renting a dwelling unit or portion of a dwelling is required of the host, or hosting platform on behalf of the host , in the amount of no less than $1,000,000. Proof of liability insurance is not required if host ing activity is only handled by a hosting platform that already extends similar liability coverage. (i) Commercial and assembly uses prohibited . Short-term rentals are limited to dwelling, lodging, and sleeping purposes only. Use of the short-term rental for a ny other commercial uses, facility rentals, or assembly uses such as weddings, pool or sport court rentals, corporate events, or parties, is prohibited.
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(j) Good neighbor guidelines required. The host must sign a Good Neighbor Guidelines provided by the city that summarizes general rules of conduct and all rules and regulations applicable to the use of the STR in this subsection and the Fremont Municipal Code. The host must post the guidelines on the inside of the front door and door to the backyard or in a conspicuous location near each door.
(k) Health and safety. It is the host's responsibility to assure that the short -term rental is and remains in compliance with all applicable codes regarding fire, building and safety, health and safety, and other relevant laws.
(l) Life-safety. The dwelling unit must have a functional smoke detector, a fire extinguisher, a carbon monoxide detector, and adequate egress, all as required by current codes and regulations. (m) The host shall include the following information in any advertisement for a short-term rental:
(1) The short-term rental permit number issued by the city; (2) The permitted occupancy of the short-term rental as specified in the short-term rental permit;
(3) The permitted number of transient vehicles.
(n) Neighbor notification. After the city approves a short-term rental permit, the host shall notify properties within a 100-foot radius that a short-term rental has been established. Notification shall include the short-term rental permit number, and the contact information of the host and local contract persons. The host shall renotify all adjacent properties within one week of changes to such information.
(o) No Transfer or Assignment. A short-term rental permit may not be assigned or transferred to any other person or business.
(p) Indemnification. To the fullest extent permitted by law, the owner of a short -term rental must defend, indemnify, and hold the City of Fremo nt, its officials, officers, and employees free and harmless from any and all claims, demands, causes of action, damage or injury to persons or property arising out of any alleged acts, omissions, or willful conduct of the owner, host, its employees, or its agents.
Sec. 5.100.060 Administrative Regulations.
The city manager or designee is authorized to adopt administrative regulations, which may include, but are not limited to, permit conditions, reporting requirements, inspection frequencies, enforcement procedures, additional advertising restrictions, disclosure requirements, administrative subpoena procedures or additional insurance requirements, to implement the provisions of this section .
Sec. 5.100.070 Grant or denial of short-term rental permit
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The director of community development may deny a short-term rental permit application for one or more of the following reasons:
(a) The application is incomplete and the required supplementary documents were not submitted within 30 days of a request for these documents by the director of community development. (b) The applicant made a material misstatement or omission in the application or in a previous application. If the director of community development finds substantial evidence that an application contains a knowing or intentional material misstatement or omission, the director of community development must deny the application and the applicant is not eligible to reapply for one year.
(c) The short-term rental, as proposed by the applicant, would not comply with all applicable laws including, but not limited to, the provisions of this code. (d) The applicant, if an individual, has not attained the age of 18 years.
Sec. 5.100.080 Grounds for revocation or suspension of a short-term rental permit (a) In addition to any other remedy available to the city under this code or State law, a short-term rental permit may be suspended or revoked by the director of community development where it is found by substantial evidence that any of the following have occurred:
(1) The permittee, or any person employed or retained by the permittee, has been found to have violated any provision of this chapter; or (2) Any of the conditions for denial of the short-term rental permit as listed in Section 5.100.070 of this chapter would apply; or
(3) The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or section 11225 through 11235 of the California Penal Code, as may be amended, or any similar provision of law in any jurisdiction outside the State of California; or (4) The host or any employee or agent of the short-term rental has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the short-term rental; or
(5) The permittee has continued to operate the short-term rental after the permittee’s permit has been suspended; or
(b) Upon revocation of a short-term rental permit, the short-term rental shall immediately cease operation, and, if so ordered by the director of community development, no other short-term rental permit application shall be submitted for a 24-month period from the date of denial or revocation.
(c) Notice of denial - appeal. If an application for a short-term rental permit is denied pursuant to this section, the director of community development shall serve on the applicant by first class
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mail, postage prepaid, a written notice of denial which shall specify the grounds for the denial and shall indicate the appeal procedures as set forth in subsection 5.100.90 of this code.
Sec. 5.100.090 Appeal of denial, revocation or suspension (a) Written notice required. The director of community development, before revoking or suspending any short-term rental permit shall give the permittee at least 10 days' written notice of the revocation or suspension. The notice must state the effective date of the suspension or revocation, the length of any suspension imposed, and the alleged grounds for the revocation or suspension. The notice must be served on the permittee in person or by U.S. mail at the most recent home or business address on file with a proof of service. (b) Written appeal. If a permittee wishes to contest a permit denial, proposed suspension or revocation, he or she must request a hearing within 14 days after notice of the intended denial, revocation or suspension is served as stated in subsection (a) of this section. The request must be served on the city clerk by mail or in person. If a permittee fails to timely or properly serve a hearing request, he or she waives the right to a hearing before denial, suspension or revocation. (c) Hearing. If a hearing request is timely and properly served, a hearing must be held before a hearing officer designated by the city manager. The hearing officer’s jurisdiction is limited to determining whether substantial evidence exists to provide grounds as specified in this chapter for denial, suspension or revocation of the permit. If the hearing officer finds that grounds do not exist for revocation but do exist for suspension, the hearing officer must order the permit suspended. The hearing officer’s duties are to:
(1) Receive evidence regarding the proposed denial, suspension or revocation; (2) Preserve the evidence whether or not it is admitted; (3) Record the hearing on audio tape and preserve the tape for the record; and (4) Decide whether grounds exist for the denial, suspension or revocation.
Both the permittee and the city have the right to appear and be represented by counsel, cross- examine witnesses, and present evidence and arguments whether good cause exists for suspension or revocation.
(d) Notice of decision. Within 14 days following the hearing, the hearing officer must issue a written decision that states whether the permit is denied, suspended, revoked, or that no grounds exist to deny, suspend or revoke the permit, the factual and legal basis for the decision, and a notice that the appellant may appeal any suspension or revocation as described in subsection (e) of this section . The decision of the hearing officer must be served on the appellant by U.S. mail with a proof of service. The hearing officer’s decision is effective on the date the decision is personally served on or mailed to the parties.
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(e) Appeal. The hearing officer’s decision is subject to review under Code of Civil Procedure section 1094.6. Any request for review must be filed within 90 days of service of the hearing officer’s decision. The City Council hereby expressly makes Code of Civil Procedure section 1094.6 applicable to all proceedings for review of decisions under this chapter.
Sec. 5.100.100 Violations a public nuisance; penalties. (a) Any short-term rental unit operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the city attorney may commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the city.
(b) Pursuant to California Government Code section 36900(d), as may be amended and notwithstanding Chapter 1.20 and the provisions above, a violation of this section relating to a short-term rental that is an infraction and poses a threat to health or safety is punishable by the following:
(1) A fine not exceeding $1,500.00.
(2) A fine not exceeding $3,000.00 for the second violation. (3) A fine not exceeding $5,000 for each additional violation of the same ordinance within one year of the first violation.
(4) The fines in this subdivision shall not apply to a first-time offense of failure to register or pay a business license fee.
(c) A fine levied pursuant to paragraph (b) of this subdivision may be appealed to the community development director or designee in writing within ten calendar days of the date the citation is issued based on a showing that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount would impose an undue hardship on the responsible party.
Sec. 5.100.110 Amnesty Period for Short-Term Rentals.
Short-term rentals with a business tax ID operating on or before the enactment of this chapter shall apply for a short -term rental permit by December 31, 2024 . Existing short-term rental hosts that have not applied for a short-term rental permit pursuant to this section on or before December 31, 2024, shall cease operation and be prohibited from resuming unless and until the short-term rental host has obtained a short -term rental permit .
SECTION 2. CEQA
The City Council finds, under Title 14 of the California Code of Regulations, section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing
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a significant effect on the environment and under section 15378 in that the proposed ordinance is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. The Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.
SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 5. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause this ordinance to be published again with the names of those City Council members voting for and against the ordinance. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ___ day of __________, 2023, and finally adopted at a regular meeting of the city council held on the ___ day of__________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
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ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney
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Attachment: Draft Ordinance - Short-Term Rentals (5067 : Second Reading and Adoption of an Ordinance_Short-Term Rentals) Fremont City Council Meeting: 01/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5045) DOC ID: 5045 D
Updated: 1/4/2024 9:22 AM by Susan Gauthier D Page 1
AWARD A CONSTRUCTION CONTRACT FOR THE AQUA ADVENTURE WATER PARK SLIDE REFURBISHMENT PROJECT (PWC8501) - Approve the Plans and Specifications for the Aqua Adventure Water Park Slide Refurbishment Project; Appropriate $500,000 in the Recreation Cost Center Fund 189 Operating Improvement Reserve, and Award a Contract to Safe Slide Restoration for the Base Bid amount of $596,247.43, plus Alternate #1 for $14,152.20, and Alternate #2 for $37,199.48; plus a 10% Construction Contingency Amount of $64,759.91, for a Total Construction Contract Amount of $712,359.02.
Contact Persons:
Name: Eva Lee Kim Beranek
Title: Landscape Designer II Deputy Director
Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4776 510-494-4330
E-Mail: [email protected] [email protected]
Executive Summary: Staff recommends that the City Council approve the Plans and Specifications for the Aqua Adventure Water Park Slide Refurbishment Project (PWC8501), appropriate $500,000 from the Recreation Cost Center (Fund 189) Operating Improvement Reserve to cover a portion of the project costs, award and execute a construction contract to Safe Slide Restoration for the base bid amount of $596,247.43, plus Alternate #1 for $14,152.20 and Alternate #2 for $37,199.48, plus a 10% construction contingency amount of $64,759.91, for a total construction contract amount of $712,359.02.
BACKGROUND: The Water Park slides were installed as part of the Aqua Adventure Water Park Project in 2008. The slides are primarily manufactured of fiberglass and over the years have experienced normal wear and tear from constant use and exposure to sunlight. The need for resurfacing and repairs is now overdue. This project is part of the ongoing standard maintenance for water slides and needs to occur every 10 to 15 years. This maintenance project is required to meet the safety standards set by the State Department of Industrial Relations Division of Occupational Safety and Health, which is responsible for regulating and overseeing water park ride safety.
This project will repair minor chips and cracks on the slides, recoat the interior with a new gel coat, and apply a new finish paint coat to the exterior. The improvements will extend the life of the slides and reduce repair and maintenance costs.
DISCUSSION/ANALYSIS: The Aqua Adventure Water Park Slide Refurbishment Project was advertised for bid on November 21, 2023. On December 6, 2023, the City received two bids for construction. The lowest responsible bid was submitted by Safe Slide Restoration, for $596,247.43, and is approximately 49% above the Engineer’s estimate of $400,000. The City has limited experience estimating this kind of work and relied on informal advice from various experts in the field. All bidders and their respective bid amounts are listed below:
Bidder Base Bid Alt #1 Alt #2
1. Safe Slide Restoration $596,247.43 $14,152.20 $37,199.48
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2. Pro-Ex Construction, Inc. $734,000 $150,000 $148,000
The low monetary bidder for the project, Safe Slide Restoration, is a responsible b idder experienced in this type of work. Their bid is responsive and all bid documents are in order.
Following the posting of the Notice of Intent to Award, no bid protests were received.
Add Alternates: The City received favorable bids for the Add Alternates from the lowest responsible bidder, Safe Slide Restoration, and staff recommends including these in the construction contract: a) $14,152.20 for Alternate #1 – Painting the Under-Side Platform of the Water Slide Structure Tower, and b) $37,199.48 for Alternate #2 – Painting the Bucket Bay Slide Structure.
FISCAL IMPACT: The Aqua Adventure Water Park Slide Refurbishment Project is to be jointly funded from the Capital Replacement for Parks (PWC8501-501) project in the Capital Improvement Fund (Fund 501) and from the Recreation Cost Center Operating Improvement Reserve. The Operating Improvement Reserve supports improvements to revenue generating park facilities. These funds will cover bid alternates, contingency, construction management, inspections, and administrative costs.
Project Costs and Funding:
1. Total funds appropriated to the project (current)
Fund 501 Capital Replacement for Parks (PWC 8501) $337,725
2. Project Staff Expenses to date (as of 12/18/23) $18,510
Subtotal of Funds Remaining $319,215
3. Approve Use of Funds:
Recreation Cost Center Fund 189 $500,000
Approximate Funding After Approval $819,215
4. Planned Expenditures
• Construction Base Bid (Rounded) $596,248
• Alternate #1 (Rounded) $14,153
• Alternate #2 (Rounded) $37,200
• 10% Construction Contingency $64,760
• Project Management, Inspection and Administration (Estimated) $106,854
Estimated Balance after Project Closeout $0
ENVIRONMENTAL REVIEW: The proposed improvements identified in the Aqua Adventure Water Park Slide Refurbishment Project are exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities), as the project comprises minor alteration of existing public structures to replace degraded material and does not involve expansion of existing uses. The project will not involve any changes to the physical configuration of the water slides or their surroundings and will not result in any new or increased environmental impacts.
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ATTACHMENTS: None.
LINKS: Plans and Specifications for this project are available for review on the City of Fremont web site at: http://www.fremont.gov/government/departments/parks-planning- design/design-projects/aqua-adventure-water-slide-refurbishment
RECOMMENDATIONS:
1. Approve the Plans and Specifications for the Aqua Adventure Water Park Slide Refurbishment Project (PWC8501).
2. Appropriate $500,000 from the Recreation Cost Center (Fund 189) Operating Improvement Reserve for the Aqua Adventure Water Park Slide Refurbishment Project.
3. Accept the Base Bid and Alternates 1 and 2; award a construction contract; and authorize the City Manager or her designee to execute all construction related agreements with the lowest responsive and responsible bidder, Safe Slide Restoration, in the amount of $647,599.11, plus a 10% construction contingency amount of $64,759.91, for a total construction contract amount of $712,359.02.
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Fremont City Council Meeting: 01/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5056) DOC ID: 5056
Updated: 1/4/2024 9:38 AM by Susan Gauthier Page 1
ALAMEDA COUNTY PROBATION DEPARTMENT CONTRACT - Authorization to execute a Third Amendment to a Master Service Contract with Alameda County Probation Department for Programs Supporting At-Risk Youth and Families, through June 30, 2024; Appropriate Additional Funds, and Make Findings of CEQA Exemption
Contact Persons:
Name: Annie Bailey Suzanne Shenfil
Title: Youth and Family Services
Administrator
Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2051
E-Mail: [email protected] [email protected]
Executive Summary: For many years, Alameda County Probation Department (ACPD) has contracted with the City’s Human Services Department to provide delinquency intervention and prevention programs to at-risk youth and their families provided through the Human Services Department’s Youth and Family Services Division (YFS) and the Fremont Family Resource Center Division (FRC). The programs serve at-risk (at-promise) youth to help stabilize the youth and their family and reduce at-risk behavior by providing immediate interventions. From FY 2018/19 through the first 6 months of FY 2023/24, ACPD contracted with the City to provide these services, for a total of $2,431,000, or an average of $442,000 per year.
The purpose of this report is to recommend that the City Council authorize the City Manager or her designee to execute a third Amendment for a six-month extension of this multi-year agreement with ACPD in an amount not to exceed $266,244, and to appropriate an additional $38,830 to Fund 133. This amendment will increase the total multi -year agreement from $2,431,000 to $2,697,244.
BACKGROUND: ACPD’s Delinquency Prevention Network (DPN) consists of various non- profit and City agencies, including the City’s Human Services Department, that provide at- risk youth and youth on probation with early intervention counseling, case management, and truancy intervention services, as well as family support services to parents and caregivers.
The County’s agreement with the City for these services has been consistently renewed over the years. From FY 2018/19 through the first 6 months of FY 2023/24, ACPD contracted with the City for a total of $2,431,000. This included the original agreement for a 3 -year term, a first amendment for an additional 2-year term, and a second amendment for an additional 6-month term through December 31, 2023. Pending completion of a recent Request for Proposal (RFP) process for these DPN services, ACPD has asked the City to enter a third amendment to the Contract, extending the term for an additional six months through June 30, 2024.
DISCUSSION/ANALYSIS: Through the proposed amendment, the Human Services Department’s YFS and FRC divisions will continue to provide services for 245 at -risk and
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Council Staff Report (ID # 5056) Meeting of January 9, 2024 Updated: 1/4/2024 9:38 AM by Susan Gauthier Page 2
system-involved youth and their families residing in Fremont and Newark to reduce at -risk behavior. The target population is youth who are habitual truants, runaways and/or youth at risk of becoming wards under California Welfare and Institutions Code (WIC) Section 601 and Section 602. This target population includes the following: adjudicated youth on probation; youth who have had contact with the juvenile justice system (police, probation, or the courts); and at-risk youth referred by School Attendance Review Boards (SARBs), local schools, other community agencies, or parents. These youth are often running away, truant and/or are refusing to follow parent’s or teacher’s direction. YFS and FRC will provide the following assessment-driven services under this contract.
Youth and Family Counseling Services: YFS provides individual and family counseling services, as well as crisis intervention services. Diversion counseling services for first -time offenders are coordinated with the Fremont Police Department with the goal of diverting youth from the juvenile justice system. For youth on formal probation, YFS coordinates with ACPD with the goal of helping youth to meet probation requirements and prevent recidivism. Where appropriate, all services are coordinated with Fremont and Newark Unified School Districts, Fremont and Newark police departments, parents, and other community agencies.
Family Support (Case Management) Services: The FRC’s Family Support Coordinators serve as advocates to assist at-risk youth and their families in accessing and utilizing necessary community resources to address family problems that are contributing to the youth’s delinquent behaviors. The Case Manager works in coordination with a Deputy Probation Officer assigned to the minor, and/or a Multi-Disciplinary Team, to develop an Intervention Plan to address the minor’s risk factors and critical issues associated with probation failure and/or challenges. Key components of case management services are outreach, assessment, planning, linkages, monitoring, and advocacy.
FISCAL IMPACT: FY 2023/24 contract funding supports 2.82 full-time equivalent (FTE) clinical counseling and case management positions. The Human Services Department combines contract funding with Medi-Cal reimbursement, Targeted Case Management reimbursement, and fees to operate the programs described above.
The execution of Amendment 3 will bring the total FY 2023/24 ACPD agreement amount to $487,244. In anticipation of this continued funding, the City Council appropriated $448,414 as part of the FY 2023/24 Adopted Operating Budget. Staff recommends appropriating an additional $38,830 to the Alameda County Probation Youth Diversion Fund (Fund 133) to equal the FY 2023/24 agreement total.
FY 2023/24 Appropriation Request
Amendment 2: July 1, 2023, to December 31, 2023 $221,000 Amendment 3 (pending): January 1, 2024, to June 30,
2024 266,244
Total FY 2023/24 Agreement Amount: $487,244
Minus Current Appropriation:
(448,414)
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Additional Appropriation Request: $38,830
ENVIRONMENTAL REVIEW: This action is not a project subject to California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines section 15378 as it is an administrative governmental activity that will not result in direct or indirec t physical change in the environment.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager or her designee to execute a Third Amendment with Alameda County Probation Department extending the term of the Agreement through June 30, 2024, for an additional amount of $266,244; and appropriate an additional $38,830 to Fund 133.
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Fremont City Council Meeting: 01/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Grants
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5062) DOC ID: 5062
Updated: 1/4/2024 9:41 AM by Susan Gauthier Page 1
ACCEPTANCE OF COPS GRANT - Adopt a Resolution Acceptance and Spending Plan of the 2023/24 State of California Citizens Option for Public Safety (COPS) Grant
Contact Persons:
Name: Deirdre Rockefeller-Ramsey Sean Washington
Title: Police Business Manager Police Chief
Div/Dept: Police Department Police Department
Phone: 510-790-6991 510-790-6969
E-Mail: [email protected] [email protected]
Executive Summary: The State of California has provided supplemental funding to local law enforcement agencies through the continuation of funding for the Citizens Option for Public Safety (COPS) grant program through the Supplemental Law Enforcement Services Account (SLESA). These funds are distributed by the State to the County, which passes through the funding to local agencies proportionally based on population, to be allocated at a minimum of $100,000.
In order to make use of the COPS funds, the City Council must authorize the acceptance and use of the funds.
The FY 2023/24 COPS grant allocation to the City of Fremont is $662,145, which will be spent on items supporting frontline law enforcement services.
BACKGROUND: Since 1997, the California State Budget Act has included allocations to counties and cities for the COPS program. This funding is intended to fill the need for additional resources at the local level to ensure public safety. Under the provisions of Government Code Section 30061-30063, a percentage of the funds are allocated to counties and cities, based upon population, for law enforcement services.
The COPS funds must be used for front line municipal police services and must supplement and not supplant existing funding. The City Council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services in accordance with written requests submitted by the Chief of Police.
Each city must create a Supplemental Law Enforcement Services Account (SLESA) for the COPS grant money. The funds cannot be used for administrative overhead costs in excess of
0.5 percent of the total allocation. The allocation may not be used to fund the costs of any capital project or construction project that does not directly support front line law enforcement.
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DISCUSSION/ANALYSIS: In FY 2023/24 the Fremont Police Department expects to receive $662,145 from the COPS grant into the SLESA and the funds will need to be spent by June 30, 2025. The funds are requested to be spent as follows:
Description Cost
Police Technology/Software
• New, improved or replacement technology equipment or
software for use by front line police personnel such as:
o Crime Lab Evidence latent fingerprint management
software
o Replacement forensic computer
o Drone as First Responder (DFR) computers and software o Real Time Information Center (RTIC)/Drone as First
Responder (DRF) Live 9-1-1 software
$197,972
Police Field Supplies and Equipment
• New, improved or replacement field equipment for use by front line police personnel such as, but not limited to:
o Optics for firearms
o Replacement firearms
o Devices to stop moving vehicle through wheel puncture o Vehicle accessories and/or equipment
o Items such as computers, monitors, printers, software, mobile devices or other miscellaneous Police equipment
in need of an upgrade or replacement
$80,000
Police Capital Equipment
• New, improved or replacement capital equipment for use by front line police personnel such as, but not limited to:
o Additional Police vehicles and outfitting of equipment o Pursuit alternative GPS devices for police vehicles
o Handheld pursuit alternative GPS devices for personnel o Replacement narcotic field testing equipment
o Handheld pole camera
o Cellular network investigative software
$384,173
Total Costs
$662,145
FISCAL IMPACT: The FY 2023/24 funds must be spent or encumbered by June 30, 2025.
There are no matching requirements for this grant and no direct impact on City resources for the fiscal years associated with the action in this staff report. Purchases will be made in accordance with the City’s adopted policies. The FY 2023/24 expenditures were appropriated as part of the FY 2023/24 Operating Budget.
Certain equipment and/or software procured with these funds could have ongoing service/maintenance costs, such as annual software licenses and monthly cloud storage fees. Depending on the purchase and the amount supported, the costs will vary. If the
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Police Department continues to receive the COPS grant annually, equipment/software related service/maintenance costs may continue to be funded by this program. However, should COPS grant money become unavailable, these service costs may be accommodated in the Police Department General Fund budget to the extent new funding becomes available.
ENVIRONMENTAL REVIEW: The recommended action is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/ or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS:
• Draft Resolution- COPS Grant FY 23-24
RECOMMENDATION: Adopt a resolution accepting the 2023/24 California Citizens Option for Public Safety (COPS) grant in the amount of $662,145 as allocated in the Supplemental Law Enforcement Services Account (SLESA) for the Fremont Police Department and approving the spending plan set forth in the resolution to purchase items supporting front line law enforcement services.
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Resolution 2024-XX Page 1 of 2
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
ACCEPTING THE STATE OF CALIFORNIA CITIZENS OPTION FOR
PUBLIC SAFETY (COPS) GRANT 2023-24 AND APPROVING THE
SPENDING PLAN
WHEREAS, the 2023/24 State Budget includes funding the Citizens Option for Public Safety/Supplemental Law Enforcement Services Account (COPS/SLESA) program, which includes approximately $662,145 allocated to the City of Fremont Police Department; and
WHEREAS, on January 9, 2024, the City Council of the City of Fremont considered the expenditure of the COPS/SLESA funds; and
WHEREAS, the Legislature mandates this money be spent for front line law enforcement purposes and may not be used to supplant any existing law enforcement services provided by the City of Fremont.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The City of Fremont hereby accepts the $662,145 allocated to the City of Fremont from the COPS/SLESA.
SECTION 2. The City of Fremont hereby approves the spending plan for the COPS/SLESA funds attached hereto as Exhibit A and finds that the proposed expenditures will be for supplemental police services as authorized by the grant and will not supplant existing funding.
ADOPTED_______________, 2024, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney
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Attachment: Draft Resolution- COPS Grant FY 23-24 (5062 : FY 2023/24 COPS Grant) Resolution 2024-XX Page 2 of 2
Exhibit A
Spending Plan
Description Cost
Police Technology/Software
• New, improved or replacement technology equipment or software for use by front line police personnel such as, but not limited to:
o Crime Lab Evidence latent fingerprint management
software
o Replacement forensic computer
o Drone as First Responder (DFR) computers and software o Real Time Information Center (RTIC)/Drone as First
Responder (DRF) Live 9-1-1 software
$197,972
Police Field Supplies and Equipment
• New, improved or replacement field equipment for use by front line police personnel such as, but not limited to:
o Optics for firearms
o Replacement firearms
o Devices to stop moving vehicle through wheel puncture o Vehicle accessories and/or equipment
o Items such as computers, monitors, printers, software, mobile devices or other miscellaneous police equipment in need of an upgrade or replacement
$80,000
Police Capital Equipment
• New, improved or replacement capital equipment for use by front line police personnel such as, but not limited to:
o Additional Police vehicles and outfitting of equipment o Pursuit alternative GPS devices for police vehicles
o Handheld pursuit alternative GPS devices for personnel o Replacement narcotic field-testing equipment
o Handheld pole camera
o Cellular network investigative software
$384,173
Total Costs
$662,145
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Attachment: Draft Resolution- COPS Grant FY 23-24 (5062 : FY 2023/24 COPS Grant) Fremont City Council Meeting: 01/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5064) DOC ID: 5064 B
Updated: 1/4/2024 9:44 AM by Susan Gauthier B Page 1
FACILITIES MAINTENANCE AGREEMENT FOR LIGHTING, LANDSCAPE AND MAINTENANCE SERVICES FOR DISTRICT 88 - Authorize the City Manager or her Designee to Execute the Facilities Maintenance Agreement with New Image Landscape Company
Contact Persons:
Name: Andrew Freeman Kim Beranek
Title: Business Manager Deputy Director
Div/Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4330
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to authorize the award and execution of a facilities maintenance agreement for the lighting, landscape, and maintenance services for District 88.
BACKGROUND: The City Council formed Fremont Landscape Assessment District 88 in December 1988. This is a citywide district allowing for the creation of small landscape maintenance zones for the maintenance of “gateway” landscape improvements along public right-of-ways in subdivisions for which no homeowners association was required to be formed when the subdivision was established.
The City has contracted out the landscape maintenance services of District 88, which consists of over 1,500 parcels. Landscape services include turf maintenance, mowing and trimming, hardscape, shrub, tree and groundcover maintenance, irrigation maintenance, pest management, plant control, waste disposal and other maintenance services.
Proposals to renew District 88 landscape maintenance services were solicited in January of 2019 through Request for Proposals (RFP 19-012). The City awarded the contract to New Image Landscape Company with a term from July 1, 2019, to June 30, 2024.
DISCUSSION/ANALYSIS: A new Request for Proposals (RFP #24-008) was publicly released on August 18, 2023. The RFP remained opened through November 2, 2023.
The City received two competitive proposals for this service: BrightView Landscape Services and New Image Landscape Company. The proposals were evaluated by 3 raters applying the following factors:
• Qualifications 20 Points
• Feasibility 20 Points
• Responsiveness 20 Points
• Service Agreement 20 Points
• Service Rates 20 Points
Staff is recommending awarding the contract to New Image Landscape Company, for a five-year term through June 30, 2029, with a total not to exceed amount of $906,300.11.
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Compensation adjustments may be considered up to 5% yearly of the Consumer Price Index (CPI) each July 1st after June 30, 2025.
FISCAL IMPACT: All City costs associated with maintaining District 88 are covered by the property owners through the annual assessment process. There is no impact to the General Fund.
ENVIRONMENTAL REVIEW: The project activities to be undertaken are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301, Existing Facilities as the project is to maintain existing facilities and does not expand existing uses. The project will not involve any changes to the existing facilities and will not result in any new or increased environmental impacts. Prior to commencement of ground disturbing activities, the requirements of Fremont Municipal Code Section 18.218.050(b)(1) (Standard Development Requirements for Burrowing Owls) will be met.
ATTACHMENTS: None.
RECOMMENDATION: Award a facilities maintenance agreement for a term ending June 30, 2029, and authorize the City Manager or her designee to execute the agreement with New Image Landscape Company, with a total not to exceed amount of $906,300.11.
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Fremont City Council Meeting: 01/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5068) DOC ID: 5068
Updated: 1/4/2024 9:55 AM by Susan Gauthier Page 1
CONCRETE REPAIRS AND INTERSECTION RAMPS PROJECT - Approval of the Plans and Specifications and Award of Contract to Spencon Construction, Inc. for the 2024 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483- H), for the Base Bid, two Add Alternates, plus a 14% Construction Contingency, for a Total Construction Contract Amount of $2,978,579; Make Findings of CEQA Exemption.
Contact Persons:
Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to initiate the construction of a project to: perform concrete repairs to damaged curbs, gutters, sidewalks, and driveways; install curb ramps at various locations citywide; and build other minor transportation improvements.
BACKGROUND: The five-year Capital Improvement Plan (CIP) includes funds for concrete repairs in the City. Typically, these repairs have included replacement of sidewalk, curb, gutter, and driveway approaches as well as tree root pruning and tree replacements (as needed).
Under the current program, staff receives citizen requests for sidewalk area repairs which are then forwarded to the Street Maintenance Division so temporary repairs can be made.
The Street Maintenance Division makes temporary repairs with either an asphalt patch or by concrete grinding until permanent repairs can be made by the property owner or as part of a City program, if approved funding is available. As enabled by State law, the City’s Municipal Code designates the responsibility for sidewalk and street tree conditions to the adjoining property owner.
Community requests for sidewalk repairs are all logged into a database to identify problem areas geographically. The areas with the most serious or highest concentration of problems become candidates for concrete repair projects.
The City of Fremont Capital Improvement Program also includes funds to construct intersection curb ramps in compliance with the Americans with Disabilities Act (ADA). Ramp locations are determined from a combination of citizen requests, pavement work that requires new ramps to be installed, and safety needs identified by the Safe Routes to School program.
Minor transportation improvements are installed on an as needed basis to help facilitate safe bicycle and pedestrian travel.
DISCUSSION/ANALYSIS: The project scope includes:
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• Concrete repairs to 163 locations consisting of street segments where concrete damage is highly concentrated and individual citywide locations where damage is especially severe.
• Construction of 216 ramps at 101 locations throughout the City. The project will install ramps at intersections where none currently exist or where existing ramps, built under an old standard, need to be replaced with new ramps that conform to current accessibility requirements.
• Minor transportation improvements consisting of a raised crosswalk at the intersection of Second Street and D Street adjacent to Niles Elementary School (using traffic calming funds provided by the Niles Gateway development) and a series of raised concrete islands separating bicycle lanes from vehicular lanes near the intersection of Stevenson Boulevard and Fremont Boulevard.
Bid Results: Bids were received on December 5, 2023. The bidders with their respective bid amounts are shown below. The Engineer’s (Base Bid) Estimate is $2,300,000.
Bidder Base Bid Amount
1. Spencon Construction $2,396,529.00
2. JJR Construction, Inc. $2,799,000.00
3. Sposeto Engineering, Inc. $2,838,678.50
4. FBD Vanguard Construction, Inc. $3,672,662.00
5. Kerex Engineering, Inc. $4,452,555.00
6. Cato’s General Engineering, Inc. $4,932,143.98 *
* Mathematically corrected
The low bidder, Spencon Construction, Inc. submitted a responsive bid and all documents are in order. The contractor is experienced in this type of work and has satisfactorily completed contracts of similar nature.
Add Alternates: The City received acceptable bids for the Add Alternates from the lowest responsible bidder, and staff recommends including these in the construction contract.
Including these alternates will allow the minor transportation improvements to be constructed. The Add Alternates are as follows:
• Alternate #1 – Concrete Barriers (raised islands) near the intersection of Stevenson Boulevard. and Fremont Boulevard. Lowest Bid is $112,240 (Engineer’s Estimate is $61,114).
• Alternate #2 – Raised Crosswalk at the intersection of Second Street and D Street.
Lowest Bid is $109,810 (Engineer’s Estimate is $80,967).
Project Costs and Funding:
Estimated Project Costs:
Construction Contract – Base Bid $2,396,529
Construction Contract – Alternate #1 112,240
Construction Contract – Alternate #2 109,810
Construction Contract Contingency (14%) 360,000
Construction Administration and Inspection 400,000
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Consultant Services (Arborist) 40,000
Project Contingency 200,000
TOTAL ESTIMATED PROJECT COSTS $3,618,579
Source of Funding:
PWC8234-134 SB1 RMRA State Gas Tax 2030 $3,830,000
PWC8239-514 ACTC-VRF Local Streets 400,000
PWC8239-515 ACTC Measure BB 400,000
PWC8239-518 ACTC Measure B 2012 Local Streets 20,000 PWC8444-515 Measure BB Local Streets&Roads 100,000
PWC8483-515 Measure BB Local Streets&Roads 100,000
PWC8874-521 Transportation Development Act 320,000
PWC8944-519 ACTC Measure B Bike/Peds 40,000
PWC8944-520 ACTC Measure BB Bike/Peds 530,000
TOTAL FUNDS AVAILABLE $5,740,000
Based on contract amount and the project cost, there are sufficient funds budgeted for the project. Remaining funds in each of the PWCs listed above will be used for future concrete repair, curb ramp, pavement projects, and minor transportation improvements.
FISCAL IMPACT: The base bid portion of this project will be funded through the Concrete Repair, Curb and Gutter Repair, and Intersection Ramps programs (PWCs 8239, 8483, and 8444) appropriated for this purpose through the CIP process. Additionally, this project is further funded through the Pavement Rehabilitation program (PWC8234) for those locations where concrete repairs and intersection upgrades are necessitated by pavement work. The add alternate work comprised of the two minor transportation improvements will be funded by the Bikeway Improvement program (PWC8874) and the Pedestrian Improvement program (PWC8944).
ENVIRONMENTAL REVIEW: This project is categorically exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15301 as the repair, maintenance or minor alteration of an existing facility involving no or negligible expansion of use beyond that presently exists.
ATTACHMENTS: None.
RECOMMENDATION: Approval of the following actions related to the 2024 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-H):
1. Approve the plans and specifications for the project.
2. Accept the Base Bid and Alternate Bids 1 and 2; award the contract to the lowest responsive and responsible bidder, Spencon Construction, Inc. in the amount of $2,618,579 and allocate a 14% construction contingency in the amount of $360,000 for a total construction contract amount of $2,978,579, and authorize the City Manager or designee to execute the contract.
3. Find that the project is categorically exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15301 as the
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repair, maintenance or minor alteration of an existing facility involving no or negligible expansion of use beyond that presently exists.
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Fremont City Council Meeting: 01/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5066) DOC ID: 5066 D
Updated: 1/4/2024 9:52 AM by Susan Gauthier D Page 1
AWARD A CONSTRUCTION CONTRACT FOR THE CALIFORNIA NURSERY
HISTORICAL PARK INTERPRETIVE SIGNAGE INSTALLATION PROJECT (PWC8837) – Approve the Plans and Specifications for the California Nursery Historical Park Interpretive Signage Installation Project, PWC8837; and Award a Contract to Square Signs LLC dba Front Signs for the Base Bid amount of $240,430, plus a 15% Construction Contingency Amount of $36,065, for a Total Construction Contract Amount of $276,495; Find the project is consistent with the adopted California Nursery Historical Park Master Plan, for which an Environmental Impact Report (EIR) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).
Contact Persons:
Name: Connie Chao Kim Beranek
Title: Landscape Designer II Deputy Director
Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4742 510-494-4330
E-Mail: [email protected] [email protected]
EXECUTIVE SUMMARY: Staff recommends the City Council approve the plans and specifications for the California Nursery Historical Park Interpretive Signage Installation Project, and award and execute a construction contract to Square Signs LLC dba Front Signs for $240,430, plus a 15% Construction Contingency in the amount of $36,065, for a Total Construction Contract Amount of $276,495; and find the project is consistent with the adopted California Nursery Historical Park Master Plan, for which an Environmental Impact Report (EIR) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).
BACKGROUND: The California Nursery Historical Park Interpretive Signage Installation is a minor project that does not expand user or programs in the park and is consistent with the California Nursery Historical Park Master Plan that was adopted by City Council on December 12, 2017. This project is funded as part of the California Nursery Master Plan PWC8837 that was initially funded in the (CIP) FY 2013/14 – 2017/18 Capital Improvement Program, with the additional funding allocated in the (CIP) FY 2017/18 –2023/24 Capital Improvement Program.
The goal of the interpretive signage program component is to create an in-depth experience for park visitors that will convey a sense of what the nursery was like during its prime, and to celebrate the rich history and arboricultural and horticultural achievements of California Nursery. The interpretive signs will be fabricated and installed throughout the park to serve as a self-guided tour to provide the visitor a curated exhibit through the park. The interpretive signs will be of various sizes, determined by the content and installation location.
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On March 23, 2022, the City contracted with Math Science Nucleus to perform professional services generally including: researching materials, including written and recorded content, photographs and multimedia files to be used to create signage for the California Nursery Historical Park. The exhibits are factual, evidence-based, and provide reference without bias.
Using written content, high-resolution historical photographs and illustrations researched and provided by Math Science Nucleus, City staff utilized the Consultant’s deliverables to produce the final layouts of the signage, and determined the design of the exhibit bases for the interpretive signage panels. The interpretive signage program will include a variety of upright signs and cantilevered signs in several sizes installed in-ground at various locations throughout the historical park.
DISCUSSION/ANALYSIS: The proposed interpretive signs at California Nursery Historical Park will provide visitors with a self-guided tour telling the story of the history of the site and region before California Nursery Company and the history, achievements, pioneers, innovators, gardens and workers of the California Nursery Company. Other signs will be installed at key sites and features to provide more detail description of what happened at a specific location or building, why the location or building is important, or discuss a feature that no longer exists, such as the retail building or historic orchard.
The scope of work for the California Nursery Historical Park Interpretive Signage Installation Project includes installing interpretive signage throughout California Nursery Historical Park.
The Contractor shall furnish and install aluminum laser cut panels, high-grade high-density plastic interpretive sign panels, and exhibit bases of various sizes. Graphic files to be printed on interpretive panels will be furnished by the City to the Contractor for fabrication.
Contractor will be responsible for submitting proofs for review prior to fabrication. Additional scope of work will include the installation of concrete footings.
Bid Results: The project was advertised on November 28, 2023, and on December 13, 2023, the City received one bid. The lowest bid, submitted by Square Signs LLC dba Front Signs, was $263,782.58 (Base Bid). The Bid Result is as follows:
Bidder Base Bid Amount
1. Square Signs LLC dba Front Signs *$263,782.58
*Bid is mathematically corrected
City Estimate $288,590
*The $263,782.58 total Base Bid listed by Square Signs LLC dba Front Signs, did not reflect the unit cost listed in their Bid Schedule for one bid item. The instructions on the Bid Schedule states that, “in case of a math error or ambiguity, the unit cost listed for any bid item will prevail over the extended amount listed for that bid item.” Based on this mathematical correction, Square Signs LLC dba Front Signs has agreed to the revised total base bid of $240,430.00.
FISCAL IMPACT: The California Nursery Historical Park Interpretive Signage Installation Project is funded with Park Impact Fees under the California Nursery Master Plan , PWC 8837, in the Park Facilities Impact Fee Fund (Fund 540). There is adequate funding for the
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construction base bid, 15% Construction Contingency, and estimated Construction Management, Inspection and Administration costs.
Project Funding:
Total Funds Available (11/30/2023) $3,447,673.33
Project Expenditures
Construction Bid $240,430
15% Contingency $36,065
Construction Administration (Estimated) $55,300
Total Planned Project Expenditures $331,795
Estimated Remaining Funds $3,115,878.33
ENVIRONMENTAL REVIEW: The California Nursery Historical Park Interpretive Signage Installation Project is consistent with the adopted California Nursery Historical Park Master Plan, for which an Environmental Impact Report (EIR) (SCH#2015062024) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA). No changes to the project or its circumstances have occurred, and no new information has become available since certification of the EIR that would require preparation of additional environmental documentation or further environmental review.
ATTACHMENTS: None.
LINKS: Plans and Specifications for this project are available for review on the City of Fremont web site at: https://www.fremont.gov/government/departments/parks-planning- design/design-projects/ca-nursery-interpretive-signs
RECOMMENDATIONS:
1. Approve the Plans and Specifications for the California Nursery Historical Park Interpretive Signage Installation (PWC8837).
2. Find the project is consistent with the adopted California Nursery Historical Park Master Plan Environmental Impact Report (EIR), which was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).
3. Award a construction contract and authorize the City Manager or designee to execute all construction related agreements with the lowest responsive and responsible bidder, Square Signs LLC dba Front Signs, for $240,430, plus a 15% construction contingency in the amount of $36,065, for a total construction contract amount of $276,495.
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Fremont City Council Meeting: 01/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5069) DOC ID: 5069
Updated: 1/5/2024 11:57 AM by Susan Gauthier Page 1
I-680/NORTH MISSION BOULEVARD INTERCHANGE MODERNIZATION PROJECT - Approval of Cooperative Agreement with Caltrans to Support the Project Approval, Environmental Clearance and Design Phases for the I-680/North Mission Boulevard Interchange Modernization Project (PWC 9021).
Contact Persons:
Name: Lilian Ayala Hans Larsen
Title: Senior Transportation Engineer Public Works Director Div/Dept: Public Works Public Works
Phone: (510) 494-4766 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate the necessary coordination with Caltrans for the project approval, environmental clearance and design phases of the I - 680/North Mission Boulevard Interchange Modernization Project.
BACKGROUND: The I-680/North Mission Boulevard Interchange Modernization Project will improve safety and enhance multimodal mobility along the corridor. The southbound offramp will be redesigned to address the severe safety issues associated with a history of overturning trucks at the intersection with Mission Boulevard. The project will improve traffic operations to ease congestion along Mission Boulevard and it will enhance accessibility through the interchange for bicyclists and pedestrians. Key project elements include the following:
• Reconstructing the southbound I-680 off-ramp to flatten the grade and reduce vehicle speeds to prevent truck overturning incidents.
• Upgraded traffic signals to improve vehicle operations and safety. • Implementation of continuous, “all ages and abilities” bike facilities and continuous ADA-compliant sidewalks with enhanced crossings through the interchange. • Redesign intersections to tighten corner curb radii to slow turning vehicle speeds and shorten pedestrian crossing distance.
• Vehicle lane width reduction to reduce vehicle speeds and accommodate bikeway and pedestrian facility enhancements.
• Shift curb line to accommodate bus bay and elevated bikeways.
The City has completed the scoping phase for the interchange modernization project i n partnership with Caltrans, and the project approval and environmental clearance phase is scheduled to begin in early 2024. The project’s design phase is tentatively scheduled for 2025, with the construction phase tentatively scheduled for 2027.
DISCUSSION/ANALYSIS: The execution of a cooperative agreement with Caltrans is needed at this time to commence the project approval and environmental clearance phase, followed by the final design phase. Since the I-680/North Mission Boulevard Interchange Modernization Project is located within Caltrans right of way, the City will need to coordinate with Caltrans to develop project studies, reports, and plans. Caltrans will ultimately need to approve the project scope and alignment, as well as certify the project’s environmental
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clearance for both CEQA (State environmental review) and NEPA (Federal environmental review).
The City recently executed a funding agreement with Caltrans for $7.2 million which would fully fund the project for the planning, environmental clearance and final design phases.
The City and Caltrans will then subsequently seek grant funding for project construction from State and Federal sources.
FISCAL IMPACT: The project approval, environmental clearance and design phases for the I-680/North Mission Boulevard Interchange Modernization Project is funded by a $7.2 million grant from the State. Any costs incurred by Caltrans staff during the project approval, environmental clearance and design phases will be covered through Caltrans’ own internal budget for various project development related activities.
ENVIRONMENTAL REVIEW: Environmental review is not required for the execution of this cooperative agreement (exempt pursuant to CEQA Guidelines Sections 15061 (b)(3) and 15378(b)). Appropriate environmental review will be prepared for this project as part of the project development process.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager or designee to execute a cooperative agreement with Caltrans to support the project approval, environmental clearance and final design phases for the I-680/North Mission Boulevard Interchange Modernization project.
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Fremont City Council Meeting: 01/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5070) DOC ID: 5070
Updated: 1/5/2024 11:59 AM by Susan Gauthier Page 1
PROTECTED INTERSECTION PROJECT AT FREMONT/COUNTRY - Approval of Plans and Specifications; Award Contract to GradeTech, Inc. in the Amount of $1,755,135.72 (includes 10% Contingency) for the Fremont Boulevard and Country Drive Protected Intersection Project (PWC9050); Appropriation Actions; and Make Findings of CEQA Exemption
Contact Persons:
Name: Edelzar Garcia Hans Larsen
Title: Associate Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4781 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to initiate the construction of a multimodal safety improvement project at the intersection of Fremont Boulevard and Country Drive. Funding is partially provided from a Safe Routes to Schools Mini-Grant and State Transportation Development Act funds. The project is part of an ongoing series of investments that are transforming Fremont Boulevard from a historically auto-oriented thoroughfare into a “complete street” that supports safe and convenient mobility by all travel modes. The project is intended to substantially improve pedestrian, bicycle, and transit access to Washington High School.
BACKGROUND: In 2021, the City of Fremont received a competitive grant through the Safe Routes to School (SR2S) Mini-Grant Program to enhance access and safety for Washington High School students at the intersection of Fremont Boulevard and Country Drive. The City also received non-competitive grant funds through the State Transportation Development Act Article 3 (TDA3) for bicycle and pedestrian projects. On May 2, 2023, the City Council adopted a resolution to accept the TDA3 grant funds in support for the project.
This project will provide enhanced safety and comfort for students walking, bicycling, and connecting with transit to access Washington High School and it also supports multimodal travel along the Fremont Boulevard Transit Priority Corridor. The intersection of Fremont Boulevard and Country Drive has small “pork chop” islands that are typically used as pedestrian waiting areas for students wanting to cross the street at the intersection. During various points of the school day, these pork chop islands overflow with students so that students are waiting in the vehicle travel lanes and exposed to vehicle traffic. The Project consists of the construction of protected intersection corners with enlarged, elevated curb returns that minimize vehicular conflict with pedestrians and bicyclists. The work, in general, includes removing the existing pork chop islands and replacing them with raised pedestrian/bicycle corners and green buffered bike lanes, and modernizing the existing traffic signals.
Various City, County, and regional plans identify the Fremont Boulevard corridor as priority for developing high quality facilities for walking, bicycling, and transit. These plans include the Washington High School Safe Routes to School Plan; Fremont Bicycle Master Plan; the Alameda County Transportation Plan; the Fremont Boulevard Multimodal Corridor Plan; the
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Alameda County Priority Bikeway Network; and the Regional Active Transportation Plan adopted by the Metropolitan Transportation Commission.
Construction is anticipated to begin in Summer 2024 with completion scheduled by December 2024.
DISCUSSION/ANALYSIS: Bids for this project were opened on December 19, 2023.
The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $1,853,000.
Bidder Bid Amount
1. GradeTech, Inc. $ 1,595,577.72*
2. Terocons, Inc. $ 1,793,864.00
3. Sposeto Engineering, Inc. $ 1,847,422.70*
4. Redgwick Construction Co. $ 1,889,100.00
5. Gruendl dba Ray’s Electric $ 1,940,902.50
6. Granite Rock Company $ 2,019,439.50
7. Kerex Engineering, Inc. $ 2,145,880.00
8. FBD Vanguard Construction, Inc. $ 2,176,498.00
9. S&H Construction, Inc. $13,336,400.00*
* Mathematically corrected
The low bidder for this project, GradeTech, Inc., submitted a responsive bid and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has satisfactorily completed contracts of this nature with the City and other nearby local agencies. Pursuant to the requirements of Section 21080.25 of the Public Resources Code, staff certifies that the entire project will be completed with a skilled and trained workforce and that the contractor GradeTech, Inc., shall be required to provide sufficient and competent administration, staff, and a skilled and trained workforce necessary to perform and timely complete the work in accordance with the contract documents.
The project cost is consistent with the Engineer’s Estimate, but the cost is significantly higher than the budgeted funding for the project. Staff had anticipated being able to receive additional grant funding for the project from State and Federal sources, due to the school proximity. However, most current grant programs significantly favor projects located within areas designated as “disadvantaged communities”. The project area is not designated as a disadvantaged community under criteria used by federal, State and regional agencies. The project has received two grants and they have deadlines related to timely project delivery.
Staff recommends transferring discretionary funds that Fremont has received from the Alameda County Transportation Commission and State Gas Tax to the Fremont/Country project from the Paseo Padre Safety Improvement Project (Driscoll to Washington).
Consequently, the safety improvements to Paseo Padre Parkway will be phased with project
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design proceeding in 2024 and construction funding to be programmed with the next CIP update. It is noted that a first phase of safety improvements along Paseo Padre Parkway are planned to start construction in late 2024 with pedestrian crosswalk flashing beacons at Paseo Padre/Dorne Place and Paseo Padre/Mento Drive.
Project Costs and Funding:
Estimated Project Costs
Preliminary Engineering, Design and Project Management $ 407,206.00 Construction Cost (Lowest Responsible Bid) 1,595,577.72 Construction Inspection, Surveying and Administration (15%) 239,337.00 Construction Contingency (10%) 159,558.00
Total Estimated Project Costs $ 2,401,678.72
Source of Funding:
Currently Budgeted
PWC9050 – Fund 136 – HUTA State Gas Tax $ 530,000
PWC9050 – Fund 504 – ACTC/MTC Capital Grants 267,000
PWC9050 – Fund 519 – ACTC Measure B 2012 Bike/Peds Funds 100,000 PWC9050 – Fund 520 – ACTC Measure BB Bike/Peds Funds 5,850 PWC9050 – Fund 521 – Transportation Development Act 368,002
Proposed Additional Funding
PWC9092 – Fund 134 – SB1-RMRA State Gas Tax 2030 $ 605,826.72 PWC9092 – Fund 515 – ACTC Measure BB Local Streets 225,000 PWC9092 – Fund 520 – ACTC Measure BB Bike/Peds 300,000
Total Funding Available $ 2,401,648.72
FISCAL IMPACT: Additional funding is needed to complete the construction of the project.
The increased sources of funding include County Measure B and BB sales tax funds dedicated to improving bicycle and pedestrian facilities and Senate Bill 1 State Gas Tax intended for critical safety projects on local streets and roads. These funds are administered by the Alameda County Transportation Commission (ACTC).
Staff recommends reallocation of funds as proposed above, to allow construction to move forward for this project, thereby meeting the grant deadline for project delivery. With the recommended additional reallocation of funds to the project, there will be sufficient funds available for the estimated project cost
ENVIRONMENTAL REVIEW: Based on the whole records and each as a separate and independent basis for CEQA compliance, the project is statutorily exempt from CEQA review under Section 21080.25 of the Public Resources Code, as amended, because the project is a sustainable transportation project that implements pedestrian and bicycle facilities (i.e., construction of protected intersection corners, elevated curb returns, raised pedestrian/bicycle corners and green buffered bike lanes), improves pedestrian and bicycle safety, and improves access for current and potential transit riders. The project is located within public right of way and does not add new infrastructure that increases automobile capacity or require demolition of affordable housing. Furthermore, the City certifies the
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project will be completed by a skilled and trained workforce pursuant to enforceable contract provisions requiring contractors and subcontractors at every tier to use skilled labor. As a separate and independent basis, the project is exempt under CEQA Guideline Section 15301, Class 1(c), 15301 for “Existing Facilities’ in that it involves operation, repair, maintenance or minor alteration of existing structures and facilities involving negligible or no expansion of existing or former use. None of the exceptions to the categorical exemptions outlined in CEQA Guidelines Section 15300.2 applies to the project.
ATTACHMENTS: None.
RECOMMENDATION: Approval of the following actions related to the Fremont Boulevard and Country Drive Protected Intersection Project (PWC9050):
1. Find that this project is exempt from California Environmental Quality Act (CEQA) review pursuant to Section 21080.25 of the California Public Resources Code as a sustainable transportation project that implements pedestrian and bicycle facilities and improves multimodal safety and access for current and potential transit riders and is further exempt pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.
2. Approve the plans and specifications for the project.
3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, GradeTech Inc., in the amount of $1,595,577.72 and allocate a 10% construction contingency in the amount of $159,558 for a total construction contract amount of $1,755,135.72, and authorize the City Manager or designee to execute the contract.
4. Reallocate $605,826.72 from PWC9092-134 to PWC9050-134.
5. Reallocate $225,000 from PWC9092-515 to PWC9050-515.
6. Reallocate $300,000 from PWC9092-520 to PWC9050-520.
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Fremont City Council Meeting: 01/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5072) DOC ID: 5072
Updated: 1/5/2024 12:01 PM by Susan Gauthier Page 1
FREMONT-DECOTO LAND DEVELOPMENT PLAN PROJECT MANAGEMENT SERVICE AGREEMENT – Authorize the City Manager or Her Designee to Execute a Service Agreement with WestGate Ventures for Project Management Services to Prepare a Land Development Plan for the City-Owned Parcel at the Corner of Fremont Boulevard and Decoto Road; Reallocate Funding
Contact Persons:
Name: Mark Hungerford Dan Schoenholz
Title: Senior Planner Community Development Director
Div/Dept: Planning Community Development
Phone: 510-494-4541 510-494-4438
E-Mail: [email protected] [email protected]
Executive Summary: Following certification of the Housing Element in March 2023, staff- initiated tasks to implement Program 63, which includes preparing the 9.59-acre City-owned Fremont-Decoto site for development and future sale. To accomplish this task, staff issued a Request for Qualifications (RFQ) seeking a local land developer to serve as project manager and to guide staff effectively through the land development planning process. From the RFQ process, staff is recommending WestGate Ventures (WGV) to serve in this project management role.
Staff recommends that the City Council authorize the City Manager or her designee to execute a service agreement with WGV to provide land development project management services in an amount not-to-exceed $320,000, and to reallocate $570,000 from PWC8520, Downtown Project, to PWC9112, Fremont-Decoto Land Plan, to fund the WGV service agreement as well as staff time needed to complete the land development planning process.
BACKGROUND: In the 2023-2031 Housing Element, the City-owned property located on Decoto Road, southwest of Fremont Boulevard, was identified in Implementation Program 63 as a surplus, underused property that is no longer needed for current or foreseeable public operations. The site is identified as having a realistic carrying capacity of 307 residential units based on site zoning, general lack of constraints, its location within a high resource area, having frontage along the City’s major transit corridor (Fremont Boulevard), and being of sufficient size to accommodate a variety of housing types. Entitling the site prior to sale provides the City with greater control over the site development compared to a sale of unentitled land. It will also increase the value of the property, as buyers will avoid the entitlement costs and the land carrying costs associated with unentitled property.
Housing Element Implementation Program 63 requires the City to commit to designating the Fremont-Decoto property for residential development, including an on-site affordable housing component, during the eight-year Housing Element planning period.
Redevelopment of the site would balance maximizing affordable housing, economic return, and community benefits. To that end, the services of a land development plan project manager is to direct the planning process in close coordination with staff.
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DISCUSSION/ANALYSIS: A Request for Qualifications (RFQ) for project management services was published in July 2023. The scope of services identified in the RFQ included the following tasks:
• Property due diligence, including environmental characterization and analysis of site constraints;
• Market rate demand analysis and assessment of current and projected market conditions for the land use and density options found appropriate for the site; • Leading public outreach and stakeholder engagement efforts; • Determining viable, optimal, highest, and best uses for the site in accordance with City objectives, including adopted regulations, policies, plans and State laws; • Providing a detailed pro-forma which shows the basic project details and commercial/unit mix, sources and uses, development cost (include soft and hard costs), and potential income/cash flow statement; and
• Designing, entitling, and environmentally clearing the Project for repositioning of the site in the market for future sale.
Following the close of the RFQ submission period, a total of six Statements of Qualifications (SOQs) were received. An SOQ review panel consisting of Community Development and Public Works management staff reviewed the submissions for RFQ responsiveness and strength of qualifications. The two top scoring firms were subsequently interviewed.
Following interviews with each firm, WestGate Ventures was selected based on its relevant experience, make-up of the project team, understanding of project objectives, and competitive pricing.
Since 1998, the WGV project team has entitled and/or developed 16 projects totaling 1,009 residential units within the City. Notable projects include the 105-unit Rosewood Planned District (40230 Laiolo Road), the 56-unit Centerville Junction project (3550 Peralta Boulevard), the 209-unit Vintage Grove Planned District (SW corner of Mission Boulevard and Antelope Drive), and the 38-unit Parasol Planned District (34826 Fremont Boulevard).
Acting as the City’s project manager, WGV will analyze, plan, and entitle a development plan that will include an affordable housing component. The City, in turn, will sell t he entitled property at some future date. The land development planning process is expected to take about 2.5 years to complete.
Following execution of this agreement, WGV will complete a number of due diligence tasks (e.g., market analysis/pro forma, land constraints), as well as coordinating with City staff to solicit a Request for Proposals (RFP) in Spring 2024 to hire technical consultants (e.g., civil engineer, architect, CEQA/environmental) to inform and develop the land development plan.
Service agreements with these other consultants will follow this subsequent RFP process.
Also included in the WGV scope of services is community outreach and stakeholder engagement efforts. Outreach will be central to development of the land plan to be sure that the community has ample opportunity to participate. Specific dates for outreach have not yet been scheduled, but staff will maintain a City webpage about the land development planning progress (at https://www.fremont.gov/government/departments/community- development/planning-building-permit-services/fremont-decoto-land-development-plan) for ready access to its status, outreach efforts, draft planning documents, and future public hearing actions.
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FISCAL IMPACT: The WestGate Ventures service agreement will have a not-to-exceed amount of $320,000, which includes a 10% contingency. Staff costs associated with th is project are estimated at $250,000. The costs of preparing the Fremont-Decoto property for sale can be funded from the Downtown project, PWC8520-501, which has been used for the sale of other City properties and currently has an unallocated fund balance of $1.2 million.
Consequently, staff recommends that the City Council reallocate $570,000 from PWC8520- 501 to the Fremont-Decoto Land Plan (PWC9112-501).
Additional funding will be required for the technical consultants, described in the Executive Summary. WGV will assemble a technical consultant team following a Request for Proposals that will include a civil engineer, architect, landscape architect, geotechnical engineer, traffic engineer, environmental engineer, and CEQA/environmental consultant. The anticipated cost for the technical team is estimated to be $750,000 but won’t be definitive until the proposals are received and final costs negotiated. The additional funding, as well as approval of the associated service agreements, will be requested in 2024.
Staff estimates that the costs associated with entitling the property will be more than offset by the net increase in sale price that entitling the property will bring.
ENVIRONMENTAL REVIEW: Environmental review is not required as the resultant service agreement is not a project pursuant to California Environmental Quality Act (CEQA) Guideline Sections 15061(b)(3) and 15378(b). It can be seen with certainty that there is no possibility that authorization of this agreement will have a significant effect on the physical environment. The project that WestGate Ventures would design and entitle would be subject to a separate CEQA environmental review that would be completed before Council is requested to take action on it.
ATTACHMENTS: None.
RECOMMENDATIONS:
1. Authorize the City Manager or her designee to enter into a service agreement with WestGate Ventures in a not-to-exceed amount of $320,000; and
2. Reallocate $570,000 from PWC8520-501 to PWC9112-501 to fund the WestGate Ventures service agreement and $250,000 in estimated staff costs.
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