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Agenda packet, first session

Fremont City Council
February 20, 2024

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Agenda packet, first session
Meeting
February 20, 2024
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Fremont City Council
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Text extracted from the city's file for reading and search. Open the original on fremontcityca.iqm2.com. That file is the official record.

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
February 20, 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 - February 20, 2024

February 20, 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 February 20, 2024 City Council meeting online via Zoom https://us06web.zoom.us/j/84106551689
Webinar ID: 841 0655 1689

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.

February 20, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
February 20, 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 Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

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

C. STATE GRANT FOR CENTRAL PARK COMMUNITY CENTER - Accept $1 Million Funding Grant from the State of California for the Central Park Community Center Project (PWC9087); Adopt Resolution Authorizing the City Manager to Execute the Grant Funding Agreement; and Find Actions are Exempt from CEQA.

Contact Persons:

Name: Khandan Bahmani Hans Larsen
Title: City Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4768 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to receiving State grant funds for the Central Park Community Center project:

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

Environmental review will be conducted as part of the project environmental clearance process, as appropriate.

2. Accept State grant funds from AB 102 in the amount of $1 million and appropriate the funds to the Central Park Community Center Project – PWC9087-525.

3. Adopt a resolution authorizing the City Manager or designee to execute the grant funding agreement and prepare any other documents required to implement said agreement with the California Natural Resources Agency.

February 20, 2024 Fremont City Council Page 4

3. Ceremonial Items
A. Certificate of Recognition: Ohlone College Black Student Union

4. Public Communications
A. Oral and Written Communications

INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items
A. UPDATING SPEED LIMITS ON CITY STREETS - Public Hearing (Published Notice) to Conduct First Reading and Introduce an Ordinance Amending Fremont Municipal Code Section 10.05.1000, Declaring the Speed Limits to be Posted upon Designated Streets in the City; Approve the Engineering and Traffic Survey; and Find Actions are Exempt from CEQA Review Contact Persons:

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

RECOMMENDATIONS:

1. Hold a Public Hearing.

2. Find that the recommended actions are exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), in that it is not a project which has the potential for causing a significant effect on the environment.

3. Approve the Engineering and Traffic Survey for Speed Limits Final Report dated December 2023, prepared by Kimley-Horn and Associates, which identifies the engineering basis for determining the new speed limits in the City.

4. Introduce an ordinance amending Section 10.05.1000 of the Fremont Municipal Code to update established speed limits on City roadways.

6. Other Business - None.

February 20, 2024 Fremont City Council Page 5

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
February 20, 2024 Fremont City Council Page 6
February 20, 2024 Fremont City Council Page 7

ACRONYMS

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

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

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

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

February 20, 2024 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 February 20, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 27, 2024 CANCELLED: CC/FUSD
Liaison Committee Meeting
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)
Monday,
May 6, 2024 5:30 p.m. CC/FUSD Joint Meeting City Hosts Live May 7, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
May 14, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
May 21, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
May 28, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
June 4, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
June 11, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
June 18, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
June 25, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live

Fremont City Council Meeting: 02/20/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5080) DOC ID: 5080
Updated: 2/16/2024 11:17 AM by Susan Gauthier Page 1
STATE GRANT FOR CENTRAL PARK COMMUNITY CENTER - Accept $1 Million Funding Grant from the State of California for the Central Park Community Center Project (PWC9087); Adopt Resolution Authorizing the City Manager to Execute the Grant Funding Agreement; and Find Actions are Exempt from CEQA.

Contact Persons:

Name: Khandan Bahmani Hans Larsen
Title: City Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4768 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate receiving a $1 million State grant to support construction of a new community center located at Central Park.

BACKGROUND: The State of California adopted legislation establishing its budget for Fiscal Year 2023-2024 under Assembly Bill No. 102 (AB 102) on July 10, 2023. The State Budget included “earmark” allocations to specific projects and programs identified by State legislators. With support from State Assemblymember Alex Lee, a $1 million budget allocation was provided for the Central Park Community Center project. This is the second State grant received for the project. In 2022, the City received an $8 million State grant, also sponsored by Assemblymember Lee.

In order to fully secure the new $1 million State grant, the City must execute a grant funding agreement with the California Natural Resources Agency. It is recommended that the City Manager or designee be authorized to execute the grant agreement.

DISCUSSION/ANALYSIS: The Central Park Community Center project proposes to develop a new Multi Service Community Center in Central Park, replacing the current Teen Center and Fremont Community Center, and providing expanded space for indoor recreation and community programs. Having a modern multi service center was identified as a top priority in the Parks and Recreation Master Plan approved in 2022.

The estimated cost to implement the Central Park Community Center project is $58 million.

In June 2023, the City Council approved a General Fund allocation for the project in the amount of $21 million. Together with the two State grants ($9 million), City Park Capital Improvement Program (CIP) funding ($5 million), and a previous City allocation ($1 million), total funding available for the project is $36 million.

Additional funding for the project will continue to be pursued from grants and private donations. A Federal grant for the Central Park Community Center project in the amount of $0.5 million, sponsored by US Congressmember Eric Swalwell, is currently under consideration. If full funding is not achieved in the near-term, the project could be constructed in phases.

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Council Staff Report (ID # 5080) Meeting of February 20, 2024 Updated: 2/16/2024 11:17 AM by Susan Gauthier Page 2
On July 18, 2023, the City Council approved a professional services agreement with Group 4 Architecture, Research + Planning, Inc. for consultant services related to planning, community outreach, environmental clearance, and final design for the Central Park Community Center. Planning work is currently underway in support of the following schedule goals:
• February thru May 2024 - Community Outreach and Recreation Commission Coordination
• June/July 2024 – City Council Approval of Community Center Design Concept • Spring 2025 – Complete Project Design and Construction Bid Documents • Summer/Fall 2025 – City Council Award of Construction Contract and Start of Construction

FISCAL IMPACT: The recommended actions will increase the available funding for the Central Park Community Center project by $1 million, from $35 million to $36 million.

ENVIRONMENTAL REVIEW: The recommended actions are exempt from the California Environmental Quality Act (CEQA) because they are an administrative fiscal activity and not projects pursuant to CEQA Guidelines section 15378. Subsequent planning for the Central Park Community Center project will include preparation of an environmental clearance in accordance with CEQA guidelines.

ATTACHMENTS:
• Draft Resolution - State Grant Agreement- Central Park

RECOMMENDATION: Approval of the following actions related to receiving State grant funds for the Central Park Community Center project:

1. Find the actions are exempt from environmental review as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment). Environmental review will be conducted as part of the project environmental clearance process, as appropriate.

2. Accept State grant funds from AB 102 in the amount of $1 million and appropriate the funds to the Central Park Community Center Project – PWC9087-525.

3. Adopt a resolution authorizing the City Manager or designee to execute the grant funding agreement and prepare any other documents required to implement said agreement with the California Natural Resources Agency.

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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

AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS

AND ENTER INTO AN AGREEMENT WITH THE STATE OF

CALIFORNIA , NATURAL RESOURCES AGENCY TO USE THE GRANT

FUNDS FOR THE CENTRAL PARK COMMUNITY CEN TER PROJECT

WHEREAS, the Legislature and Governor of the State of California have approved a grant to the City of Fremont (“City”) for the Central Park Community Center (“Project”), pursuant to the Budget Act of 2023, Assembly Bill 102, in the amount of $1,000,000; and

WHEREAS, the California Natural Resources Agency (“Agency”) has been delegated the responsibility to administer the grant funds for the Project, setting up necessary procedures and requirements for said Project; and

WHEREAS, the Agency’s procedures require the City as the grantee to enter into a Grant Agreement with the State, and to certify by resolution the approval of a Project Information Package and compliance with other State grant requirements before submission of said package to the State; and

WHEREAS, the City will enter into an agreement with the State of California for the grant for above Project.

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

SECTION 1. The City Council approves the acceptance of a general fund allocation for local assistance for the above Project.

SECTION 2. The City Manager or designee is authorized to execute a Grant Agreement with the State of California, California State Natural Resources Agency, for $1.0 million in grant funds, and to appropriate said funds and any other additional funds that may become available for the Project.

SECTION 3. The City certifies that it has reviewed and understands the assurances and certifications required in the Project Information Package and the General Provisions contained in the sample Grant Agreement and shown in the Procedural Guide.

SECTION 4. The City certifies that it will have sufficient funds and will secure the needed resources to develop, operate and maintain the Project, consistent with the land tenure requirements of the State Grant Agreement.

SECTION 5. The City certifies that it will comply with the provisions of Section 1771.5 of the California Labor Code.

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Attachment: Draft Resolution - State Grant Agreement- Central Park (5080 : STATE GRANT FOR CENTRAL PARK COMMUNITY CENTER) Resolution 2024-XX Page 2 of 2

SECTION 6. The City certifies that the Project will comply with applicable local, state, and federal laws and regulations, including but not limited to the California Environmental Quality Act (CEQA), California building codes, health and safety codes, disability access laws, environmental laws, and that all applicable licenses and permits will have been obtained prior to commencement of construction of the Project.

SECTION 7. The City Manager or designee is appointed as the City’s agent to conduct all negotiations, execute and submit all required documents, including but not limited to the Project Information Form/Package, related agreements, payment requests, and other forms that may be necessary for the completion of the aforementioned Project.

SECTION 8. The City Council finds that this action is exempt from environmental review under CEQA Guidelines, Section 15378 (administrative and funding activity is not a project) and Section 15061 (no possibility this action will have a significant effect on the environment). Appropriate environmental review will be conducted as part of the environmental clearance process for the Project.

SECTION 9. This resolution shall take effect immediately upon its adoption and shall supersede any previous resolution related to this matter. The City Council directs the City Clerk to transmit a copy of this resolution to the State of California.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

__________________________________ ________________________________ City Clerk City Attorney

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Attachment: Draft Resolution - State Grant Agreement- Central Park (5080 : STATE GRANT FOR CENTRAL PARK COMMUNITY CENTER) Fremont City Council Meeting: 02/20/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5082) DOC ID: 5082
Updated: 2/16/2024 11:21 AM by Susan Gauthier Page 1
UPDATING SPEED LIMITS ON CITY STREETS - Public Hearing (Published Notice) to Conduct First Reading and Introduce an Ordinance Amending Fremont Municipal Code Section 10.05.1000, Declaring the Speed Limits to be Posted upon Designated Streets in the City; Approve the Engineering and Traffic Survey; and Find Actions are Exempt from CEQA Review
Contact Persons:

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

Executive Summary: The purpose of this report is to introduce an ordinance to update posted speed limits on designated streets citywide. An updated Engineering and Traffic Survey (”Survey”) has been prepared which validates the existing posted speed limit along 141 city roadway segments and allows for reducing the posted speed limit for 30 roadway segments. Having a current Survey is necessary to allow the Police Department to continue radar speed enforcement in the City.

BACKGROUND:

Speed Limit Setting Legislative Framework

The California Vehicle Code (“CVC”) Section 22352 establishes default speed limits for vehicles upon highways, as specified. CVC Sections 22357 and 22358 authorize the City to adjust default speed limits on streets and roads under its jurisdiction based upon certain findings determined by a Survey. Per CVC 40802, the Survey must consider prevailing speeds and road conditions, among other factors, and must be performed every five to seven years. The Survey period may be extended to 14 years based on a registered engineer determination that no significant changes in roadway or traffic conditions have occurred. Local speed limits must be posted and supported by a Survey to enable the Fremont Police Department to enforce the speed limits with radar and other electronic devices.

The requirements and guidelines for performing the Survey are set forth in CVC Section 627 and in the California Manual for setting Speed Limits (“Manual”). The Manual states that speed limits are generally established at or near the 85th percentile free flow vehicle operating speed, which is defined as the speed at or below which 85th percent of traffic is moving during uncongested conditions. More recently, Assembly Bill 43 allows cities, after completing a Survey, to reduce speeds an additional five miles per hour if the roadway has been designated as a safety corridor or the roadway is adjacent to a land use or facility that generates high concentrations of bicyclists or pedestrians, especially those from vulnerable groups such as children, seniors, persons with disabilities, and the unhoused.

Current Speed Management Actions

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Council Staff Report (ID # 5082) Meeting of February 20, 2024 Updated: 2/16/2024 11:21 AM by Susan Gauthier Page 2

The City Council adopted a Vision Zero traffic safety policy in 2015, a Vision Zero Action Plan in 2016, and renewed Vision Zero Action Plan in 2021. A key objective in the Action Plans is to tame high-speed arterial streets. Speed is an essential aspect of traffic safety, as higher speeds increase both the likelihood and severity of crashes. Higher speeds mean drivers require more time to react and longer distances to brake and crashes have an exponentially greater transfer of energy. The chance of a pedestrian being killed when hit by a vehicle increases from 35 percent to 68 percent when vehicle speed increases just 5 mph from 35 mph to 40 mph.

The City has undertaken a number of efforts to manage speed since adopting its Vision Zero policy, including reconfiguring roadways with narrowed lanes and tighter intersections; installing radar feedback signs citywide; installing speed lumps in school zones and neighborhoods; installing additional stop signs and yield markers; implementing school zone projects based on Safe Routes to School plans prepared for every school in the City; implementing signal coordination timing along high-speed corridors that optimizes traffic flow at slower speeds; and targeted police enforcement. With these actions, the City has seen a notable reduction in severe injury and fatal crashes. However, a significant factor in recent severe injury and fatal crashes continues to be reckless speeding.

DISCUSSION/ANALYSIS:

Proposed New Speed Limits
The City last conducted a citywide Survey in 2015, and the resulting recommended speed limits were approved by Council and codified in the Fremont Municipal Code Section 10.05.1000. The 2015 Survey expired in late 2023 and needs to be updated.

It is noted that in 2019, the City conducted a “mid-cycle” Survey update for roadway segments which were subject to speed management improvements that had been completed as part of the City’s Vision Zero Program. That Survey facilitated reducing speed limits for 38 road segments.

Changes to roadway and traffic conditions have occurred over the past seven years, which called for an updated Survey of posted speed limits along local streets. The City’s consultant, Kimley-Horn and Associates, conducted the new Survey between Winter 2022 and Summer 2023. The new Survey validates the existing posted speed limit for 141 roadway segments, while recommending a decrease in posted speed limit for 30 roadway segments. The 2023 Survey does not recommend any increase in posted speed limit in the City. A copy of the 2023 Survey is on file for review in the office of the City Clerk as required by Fremont Municipal Code Section 10.05.1000.

The City’s speed limits along local streets are codified in the Fremont Municipal Code Section

10.05.1000. The following table summarizes the 30 street segments with recommended decreases in speed limits based on the 2023 Survey.

Street Segments with a Proposed Decrease to the Existing Speed Limit

Street Name Segment Existing
Speed Limit
Recommended
Speed Limit

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Council Staff Report (ID # 5082) Meeting of February 20, 2024 Updated: 2/16/2024 11:21 AM by Susan Gauthier Page 3

1. Albrae Street Stewart to Christy 35 30

2. Alvarado Boulevard Deep Creek to City Limits 45 40

3. Argonaut Way Mowry to Walnut 30 25

4. Auto Mall Parkway Westerly end to Boyce 45 40

5. Boscell Road Auto Mall to Bunche 35 30

6. Bunche Drive Christy to Cushing 35/30 30/25

7. Christy Street Auto Mall to Brandin 35 30

8. Country Drive Paseo Padre to Stivers 30 25

9. Curie Street Christy to Boscell 30 25

10. Deep Creek Road Alvarado to Paseo Padre 35 30

11. Dumbarton Circle Paseo Padre to Kaiser 35 30

12. Dusterberry Way Central to Thornton 35 30

13. Farwell Drive Brophy to Flamingo 30 25

14. Fremont Boulevard Blacow to Auto Mall 40 35

15. Hansen Avenue Blacow to Yolo 35 30

16. Isherwood Way Paseo Padre to City Limits 35 30

17. Kaiser Drive Ardenwood to Paseo Padre 40 30

18. Liberty Street Stevenson to Walnut 30 25

19. Mowry Avenue Paseo Padre to Fremont 40 35

20. Mowry Avenue Fremont to Argonaut 40 35

21. Overacker Avenue Mowry to L-Curve 35 25

22. Page Avenue Kato to Milmont 35 30

23. Paseo Padre Parkway Decoto to Thornton 45 40

24. Shinn Street Peralta to Von Euw 30 25

25. Stevenson Boulevard Mission to Civic Center 40 35

26. Stevenson Boulevard Blacow to I-880 40 35

27. Stevenson Boulevard I-880 to Westerly End 40 35

28. Technology Drive Auto Mall to Grimmer 35 30

29. Thornton Avenue Fremont to Easterly End 40 35

30. Walnut Avenue Fremont to Paseo Padre 35 30

Staff has prepared a draft Ordinance shown in Attachment 1 that amends Section

10.05.1000 of Chapter 10.05 of Title 10 of the Fremont Municipal Code to adopt the speed limit changes identified above.

FISCAL IMPACT: There is no cost associated with the approval of the Survey and adoption of the proposed ordinance. There will be minimal cost for purchasing and updating speed signs for the locations where changes to the posted speed limits are required. Funding for the replacement of speed limit signs is part of the City’s existing operating budget for street maintenance.

ENVIRONMENTAL REVIEW: This ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), in that it is not a project which has the potential for causing a significant effect on the environment.

ATTACHMENTS:
• Draft Ordinance Amendment (Speed Limit)

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Council Staff Report (ID # 5082) Meeting of February 20, 2024 Updated: 2/16/2024 11:21 AM by Susan Gauthier Page 4

RECOMMENDATIONS:

1. Hold a Public Hearing.

2. Find that the recommended actions are exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), in that it is not a project which has the potential for causing a significant effect on the environment.

3. Approve the Engineering and Traffic Survey for Speed Limits Final Report dated December 2023, prepared by Kimley-Horn and Associates, which identifies the engineering basis for determining the new speed limits in the City.

4. Introduce an ordinance amending Section 10.05.1000 of the Fremont Municipal Code to update established speed limits on City roadways.

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Attachment: Draft Ordinance Amendment (Speed Limit) (5082 : UPDATING SPEED LIMITS ON CITY STREETS)

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Attachment: Draft Ordinance Amendment (Speed Limit) (5082 : UPDATING SPEED LIMITS ON CITY STREETS)

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Attachment: Draft Ordinance Amendment (Speed Limit) (5082 : UPDATING SPEED LIMITS ON CITY STREETS)

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Attachment: Draft Ordinance Amendment (Speed Limit) (5082 : UPDATING SPEED LIMITS ON CITY STREETS)

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Attachment: Draft Ordinance Amendment (Speed Limit) (5082 : UPDATING SPEED LIMITS ON CITY STREETS)

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Attachment: Draft Ordinance Amendment (Speed Limit) (5082 : UPDATING SPEED LIMITS ON CITY STREETS)

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Attachment: Draft Ordinance Amendment (Speed Limit) (5082 : UPDATING SPEED LIMITS ON CITY STREETS)

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Attachment: Draft Ordinance Amendment (Speed Limit) (5082 : UPDATING SPEED LIMITS ON CITY STREETS)

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Attachment: Draft Ordinance Amendment (Speed Limit) (5082 : UPDATING SPEED LIMITS ON CITY STREETS)

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