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
March 05, 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 - March 05, 2024
March 5, 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 March 5, 2024 City Council meeting online via Zoom https://us06web.zoom.us/j/89181063054
Webinar ID: 891 8106 3054
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.
March 5, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
March 05, 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 – for the Special and Regular Meetings of January 9, 2024, the Regular Meeting of February 6, 2024, the Special and Regular Meetings of February 13, 2024, and the Regular Meeting of February 20, 2024
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 AMENDING FREMONT MUNICIPAL CODE SECTION 10.05.1000 "DECLARED PRIMA FACIE SPEED LIMITS"
RECOMMENDATION: Waive second reading and adopt ordinance amending Section 10.05.1000 of the Fremont Municipal Code to update established speed limits on City roadways.
March 5, 2024 Fremont City Council Page 4
D. RECREATION SERVICES FOR CLASSES AND CAMPS - Authorize the City Manager or Designee to Execute Agreement with Nanogen Science and Services, LLC, a California Limited Liability Company dba Mad Science of the Bay Area.
Contact Persons:
Name: Michael Sa LaShawn Butler
Title: Recreation Superintendent II Interim Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4372 (510) 494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATIONS: Authorize the City Manager or her designee to execute a Recreation Services Agreement with Nanogen Science and Services, LLC a California Limited Liability Company dba Mad Science of the Bay Area not to exceed $300,000 from March 1, 2024 through February 28, 2026.
E. ADOPT A RESOLUTION APPROVING ADDITIONAL FUNDING FOR THE DOUG FORD COMMUNITY APARTMENTS PROJECT - Approval of Additional Affordable Housing Funding for the Doug Ford Community Apartments Project and Making Findings of CEQA Exemption
Contact Persons:
Name: Lucia Hughes Dan Schoenholz
Title: Housing Manager Community Development Director
Dept: Housing Community Development
Phone: 510-494-4506 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Adopt a resolution authorizing the City Manager or her designee to amend the existing loan documents to add an additional $1,350,000 in funding to the project and take such other actions as required to - increase the total loan amount to $10,350,000 to Allied 4038 Irvington, L.P. and making findings of CEQA exemption.
2. Appropriate $1,350,000 from Fund 196 (Affordable Housing Development Fund) for the Doug Ford Community Apartments project.
F. STARCHASE PURSUIT ALTERNATIVE TECHNOLOGY DEVICES - Authorize the City Manager, or Designee, to Issue a Purchase Order with StarChase, LLC in an amount not to exceed $250,000
Contact Persons:
Name: Eric Tang Sean Washington
Title: Police Captain Police Chief
Dept: Police Department Police Department
Phone: (510) 790-6900 510-790-6969
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or designee, to issue a Purchase Order with StarChase, LLC in an amount not to exceed $250,000 for StarChase devices.
March 5, 2024 Fremont City Council Page 5
3. Ceremonial Items - None.
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
A. FISCAL YEAR 2023/24 MID-YEAR BUDGET REPORT - Update on the Status of the FY 2023/24 General Fund Operating Budget and Preliminary Three - Year Forecast; Approve Budget Adjustments; Make Findings of CEQA Exemption
Contact Persons:
Name: David Persselin
Title: Finance Director
Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]
RECOMMENDATIONS:
1. Increase the General Fund revenue estimate for property tax by $5.3 million.
2. Decrease the General Fund revenue estimates for sales tax by $50.3 million and hotel tax by $1.0 million.
3. Decrease the General Fund transfer appropriation to the Capital Improvements Fund (Fund 501) for street and building maintenance by $4.5 million.
4. Increase the General Fund citywide savings estimate by $4.3 million.
5. Approve the transfer of $10 million from the Accrued Leave Liability Reserve in the Employee Benefits Fund (Fund 630) to the General Fund Budget Uncertainty Reserve.
6. Find the action is exempt from CEQA review, per CEQA Guidelines Section 15378(b).
7. Items Referred by Councilmembers
A. Councilmember Referrals - None.
B. Appointments to Boards, Commissions, Committees - None.
C. Legislative Actions
D. Report on Committee Assignments
8. Adjournment
March 5, 2024 Fremont City Council Page 6
March 5, 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
March 5, 2024 Fremont City Council Page 8
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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: 03/05/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes
REVIEWED
Sponsors:
COUNCIL STAFF REPORT (ID # 5103) DOC ID: 5103
Updated: 2/26/2024 5:18 PM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Special and Regular Meetings of January 9, 2024, the Regular Meeting of February 6, 2024, the Special and Regular Meetings of February 13, 2024, and the Regular Meeting of February 20, 2024 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 Special and Regular Meetings of January 9, 2024, the Regular Meeting of February 6, 2024, the Special and Regular Meetings of February 13, 2024, and the Regular Meeting of February 20, 2024
ATTACHMENTS:
• Draft Minutes
RECOMMENDATION: Approve minutes.
2.B
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MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
JANUARY 9, 2024
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
6:15 P.M.
Call to Order: Councilmember Salwan called the meeting to order at 6:15 p.m.
Roll Call: Present: Mayor Mei (via Zoom) , Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Absent: Vice Mayor Shao
Public Comment: None.
CONVENED TO A CLOSED SESSION at 6:16 p.m.
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION:
ANTICIPATED LITIGATION (One Case)
Government Code Section 54956.9(d)(4)
The Special Meeting of the Fremont City Council adjourned at 7:00 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
2.B.a
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Attachment: Draft Minutes (5103 : Approval of Minutes - 2024-01-09 -)
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
JANUARY 9, 2024
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
1. PRELIMINARY
A. Call to Order: Councilmember Salwan called the meeting to order at 7:06 p.m.
B. Flag Salute: Councilmember Keng led the salute to the flag.
C. Roll Call: Present: Councilmembers: Ke ng, Campbell, Kassan, Salwan, and Cox
Absent: Mayor Mei and Vice Mayor Shao
D. Announcements by Councilmember Salwan/City Manager/City Atto rney
Councilmember Salwan announced the Boards and Commissions vacancies.
City Manager Shackelford shared information regarding items of Council/community interest.
E. Report Out of Closed Session (if applicable)
City Attorney Alvarado reported that the Council conducted a conference in Closed Session.
The Council discussed one item Conference with Legal Counsel, Anticipated Litigation, One Case, Pursuant to Government Code Section 54956.9(D)(4). Council discussed the item but took no reportable action.
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 Keng, the City Council waived further readings of proposed ordinances.
A
yes: Councilmembers: Ken g, Campbell, Kassan, Salwan, and Cox Noes: None
Absent: Ma
yor Mei and Vice Mayor Shao
Abstain: None
2.B.a
Packet Pg. 11
Attachment: Draft Minutes (5103 : Approval of Minutes - 2024-01-09 -)
*Consent Items
* B. Councilmember Salwan opened consideration of Approval of M inutes
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council approved minutes for the Regular Meeting of November 21, 2023, the Regular Meeting of December 5, 2023, and the Regular Meeting of December 12, 2023.
A
yes: Councilmembers: Ken g, Campbell, Kassan, Salwan, and Cox Noes: None
Absent: Ma
yor Mei and Vice Mayor Shao
Abstain: None
* C. Councilmember Salwan opened consideration of the Second Re ading and Adoption of an Ordinance of the City of Fremont Adding Chapter 5.100 Short-Term Rentals (STR) to the Fremont Municipal Code
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council adopted Ordinance No. 01-2024 adding Chapter 5.100 (Short Term Rentals) to the Fremont Municipal Code.
Ayes: Councilmembers: Ken g, Campbell, Kassan, Salwan, and Cox Noes: None
Absent: Ma
yor Mei and Vice Mayor Shao
Abstain: None
* D. Councilmember Salwan opened consideration of Approval of t he 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 (PWC8501)
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council:
1. Approved the Plans and Specifi cations for the Aqua Adventure Water Park Slide Refurbishment Project (PWC8501).
2. Appropriated $500,000 from the Recr eation Cost Center (Fund 189) Operating Improvement Reserve for the Aqua Adventure Water Park Slide Refurbishment Project.
3. Accepted the Base Bid and Alternates 1 and 2; awarded a cons truction contract; and authorized 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.
Ayes: Councilmembers: Ken g, Campbell, Kassan, Salwan, and Cox Noes: None
Absent: Ma
yor Mei and Vice Mayor Shao
Abstain: None
2.B.a
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Attachment: Draft Minutes (5103 : Approval of Minutes - 2024-01-09 -)
*Consent Items
* E. Councilmember Salwan opened consideration of 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
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council authorized 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.
Ayes: Councilmembers: Ken g, Campbell, Kassan, Salwan, and Cox Noes: None
Absent: Ma
yor Mei and Vice Mayor Shao
Abstain: None
* F. Councilmember Salwan opened consideration of Approval to A dopt a Resolution Acceptance and Spending Plan of the 2023/24 State of California Citizens Option for Public Safety (COPS) Grant
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council adopted Resolution No. 2024-01 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.
A
yes: Councilmembers: Ken g, Campbell, Kassan, Salwan, and Cox Noes: None
Absent: Ma
yor Mei and Vice Mayor Shao
Abstain: None
* G. Councilmember Salwan opened consideration of Approval to A uthorize the City Manager or her Designee to Execute the Facilities Maintenance Agreement with New Image Landscape Company (Facilities Maintenance Agreement for Lighting, Landscape and Maintenance Services for District 88)
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council awarded a facilities maintenance agreement for a term ending June 30, 2029, and authorized 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.
A
yes: Councilmembers: Ken g, Campbell, Kassan, and Cox
Noes: None
Absent: Ma
yor Mei and Vice Mayor Shao
Recused: Salwan (business/propert y interest)
2.B.a
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Attachment: Draft Minutes (5103 : Approval of Minutes - 2024-01-09 -)
*Consent Items
* H. Councilmember Salwan opened consideration of Approval of t he 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.
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council:
1. Approved the plans and speci fications for the project.
2. Accepted the Base Bid and Alternate Bids 1 and 2; awarded th e contract to the lowest responsive and responsible bidder, Spencon Construction, Inc. in the amount of $2,618,579 and allocated a 14% construction contingency in the amount of $360,000 for a total construction contract amount of $2,978,579, and authorized the City Manager or designee to execute the contract.
A
yes: Councilmembers: Ken g, Campbell, Kassan, Salwan, and Cox Noes: None
Absent: Ma
yor Mei and Vice Mayor Shao
Abstain: None
* I. Councilmember Salwan opened consideration to Approve the P lans 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). (PWC8837)
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council:
1. Approved the Plans and Specificat ions for the California Nursery Historical Park Interpretive Signage Installation (PWC8837).
2. Found 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. Awarded a construction contract and authorized 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.
Ayes: Councilmembers: Ken g, Campbell, Kassan, Salwan, and Cox Noes: None
Absent: Ma
yor Mei and Vice Mayor Shao
Abstain: None
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Attachment: Draft Minutes (5103 : Approval of Minutes - 2024-01-09 -)
*Consent Items
* J. Councilmember Salwan opened consideration of Approval of C ooperative 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).
This item was removed from the Consent Calendar. Councilmember Salwan opened the public comment period. The following person commented: Kelly Abreu. There being no additional speakers, Councilmember Salwan closed the public comment period.
On a motion by Councilmember Cox, seconded by Councilmember Campbell, the City Council authorized 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.
A
yes: Councilmembers: Ken g, Campbell, Kassan, Salwan, and Cox Noes: None
Absent: Ma
yor Mei and Vice Mayor Shao
Abstain: None
* K. Councilmember Salwan opened consideration of Approval of P lans 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
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council:
1. Found that this project is exem pt 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. Approved the plans and speci fications for the project.
3. Accepted the bid and awarded the construction contract to th e 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 authorized the City Manager or designee to execute the contract.
4. Reallocate $605,826.72 from PWC9092-134 to PWC9050-134.
5. Reallocate $225,000 fro m PWC9092-515 to PWC9050-515.
6. Reallocate $300,000 fro m PWC9092-520 to PWC9050-520.
Ayes: Councilmembers: Ken g, Campbell, Kassan, Salwan, and Cox Noes: None
Absent: Ma
yor Mei and Vice Mayor Shao
Abstain: None
2.B.a
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Attachment: Draft Minutes (5103 : Approval of Minutes - 2024-01-09 -)
*Consent Items
* L. Councilmember Salwan opened consideration of Approval to A uthorize 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 (Fremont-Decoto Land Development Plan Project Management Service Agreement)
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council:
1. Authorized 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. Reallocated $570,000 from PWC8520-501 to PWC9112-501 to fund the WestGate Ventures service agreement and $250,000 in estimated staff costs.
A
yes: Councilmembers: Ken g, Campbell, Kassan, Salwan, and Cox Noes: None
Absent: Ma
yor Mei and Vice Mayor Shao
Abstain: None
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 Twen ty-five Years of Service
D. Resolution: Honoring Captain Matthew Snelson for Twenty Years of Service
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
The following person(s) commented: Thomas Cabral (provided hand-out) and Kelly Abreu.
5. SCHEDULED ITEMS – None.
6. OTHER BUSINESS – None.
7. ITEMS REFERRED B Y COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees – None.
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C. Legislative Actions – None.
D. Report on Committee Assignments
Councilmembers reported on their various meetings.
8. ADJOURNMENT: There being no further business, Councilmember Salwan 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 R A J S A L W A N , Councilmember
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MINUTES
FREMONT CITY COUNCIL MEETING
FEBRUARY 6, 2024
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 Salwan led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Salwan, and Cox
Absent: Councilmember Kassan
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.
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 Keng, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Salwan, an
d Cox
Noes: None
Absent: Councilmember Kassan
A
bstain: None
* B. Approval of Minutes – None.
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* C. Mayor Mei opened consideration to approve the Plans and Sp ecifications for the Central Park Cricket Field Shades Project, Award a Construction Contract to Frontline General Engineering Construction, Inc. for the Bid Amount of $102,528, plus a 10% Construction Contingency Amount of $10,253, for a Total Construction Contract Amount of $112,781, and Find the Project Exempt From Further Environmental Review Pursuant to CEQA Guidelines Section 15301 Existing Facilities (Central Park Cricket Field Shades Project (PWC9001))
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council:
1. Approved the Plans and Specificat ions for the Central Park Cricket Field Shades Project (PWC9001).
2. Accepted the bid, awarded a construction contract, and autho rize the City Manager or her designee to execute all construction related agreements with the responsive and responsible bidder, Frontline General Engineering Construction, Inc., in the amount of $102,528, plus a 10% construction Contingency amount of $10,253, for a total construction contract amount of 112,781.
3. Found the Project exempt from fu rther environmental review pursuant to CEQA Guidelines Section 15301 Existing Facilities.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Salwan, an
d Cox
Noes: None
Absent: Councilmember Kassan
A
bstain: None
* D. Mayor Mei opened considera tion of Approval to Authorize the City Manager or their Designee to Execute a Master Site License Agreement with Ava Community Energy for Electric Vehicle Fast Charging Stations at Multiple Locations and Find that the Action is Exempt from CEQA Review (Electric Vehicle Fast Charging Hubs)
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council authorized the City Manager or their designee to execute a master site license agreement with Ava Community Energy for electric vehicle fast charging hubs and find that the action is exempt from CEQA review.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Salwan, an
d Cox
Noes: None
Absent: Councilmember Kassan
A
bstain: None
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* E. Mayor Mei opened considera tion of Approval of Specifications and Award of Contract to Global Road Sealing, Inc. in the Amount of $155,000 (Including 20% Contingency) for the 2024 Citywide Pavement Crack Seal Project (PWC8195-W1); Make Findings of CEQA Exemption.
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council approved the following actions related to the 2024 Citywide Pavement Crack Seal Project (PWC8195-W1):
1. Approve the specifica tions for the project.
2. Accept the bid and award the construction contract to the lo west responsive and responsible bidder, Global Road Sealing, Inc. in the amount of $129,000 and allocate a 20% construction contingency in the amount of $26,000 for a total construction contract amount of $155,000 and authorize the City Manager or designee to execute the contract.
3. Find the project is exempt fro m review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 as the maintenance, repair or minor alteration of existing facilities involving negligible or no expansion of use beyond that presently exists.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Salwan, an
d Cox
Noes: None
Absent: Councilmember Kassan
A
bstain: None
* F. Mayor Mei opened consideration of Approval of Agreements f or On-Call Qualified Stormwater Developer - Qualified Stormwater Practitioner (QSD-QSP) Consulting Services in the Amount of $1,250,000 per Agreement with Keish Environmental, Millennium Consulting Associates, and Surf to Snow Environmental Resource Management, Inc. (Stormwater Consulting Services)
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council approved and authorized the City Manager or designee to execute a Master Service Agreement with the following three consultants:
1. Keish Environmental for on-call QSD-QSP consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
2. Millennium Consulting Associat es for on-call QSD-QSP consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
3. S2S ERM, Inc. for on-call QSD- QSP consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
4. Found that the actions are exemp t from environmental review as a separate and independent base 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
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review will be conducted as part of the project environmental clearance process, as appropriate.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
A
bstain: None
3. CEREMONIAL ITEMS
A. Presentation by SolSmart Rec ognizing Fremont as the Nation’s First City to Earn the Platinum Designation
B. Recognition for the 2023 Synop sys Championship Science Fair Winners from Fremont
C. Proclamation: Honoring the Div ine Nine for Black History Month in Fremont
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
The following persons commented: Thomas Cabral, Hiu Ng, Kirtida Desai, Grish Manmadkar, Suraj Sampath, Andrew Wang, Krish Ramachandran, Swati Tripathi, Rajeen Taitriya, Benjamin Yee, Master Long, Alex Woo, Henry Liang, Kelly Abreu, Jordan Ilagan, Gulled Roble, Sumaya Journati, Katelun Trieu, Roberta Ryan, Avani Bhatnagar, Nuha Khan, Aisha Siddiqui, Saeed Dazi, Shiraz Shahin, and Sharat Lin.
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 Fremont Family Resource Center Fees. (Human Services Department Master Fee Schedule Update)
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council adopted Resolution No. 2024-02 amending the following section of the Master Fee Schedule as recommended by staff, effective immediately following Council adoption: Section V. Human Services, F. Fremont Family Resource Center, 2) Rates for Family Resource Center and making findings of CEQA exemption.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Salwan, an
d Cox
Noes: None
Absent: Councilmember Kassan
A
bstain: None
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6. OTHER BUSINESS – None.
7. ITEMS REFERRED B Y COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees
1. Mayor Mei opened considerati on of MAYOR MEI REFERRAL: Appointments to Advisory Body
APPOINTMENTS:
Advisory Body Appointee Term Expires
Human Relations Commission Subash Sundaresan 12/31/2027
Human Relations Commission Geeta Kadambi 12/31/2027
Human Relations Commission Karen Stiller 12/31/2027
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council approved appointments.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Salwan, an
d Cox
Noes: None
Absent: Councilmember Kassan
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 8:35 p.m.
A t t e s t : A p p r o v e d :
__________________________________ __________________________ _ Alberto Quintanilla, Management Analyst LILY MEI, Mayor
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MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
FEBRUARY 13, 2024
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
6:00 P.M.
TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953(b), the following meeting included teleconference participation by Councilmember Campbell from:
Morrison Clark Historic Inn
Hotel Business Center, 2nd floor
1011 L Street, NW
Washington, DC. 20001
Call to Order: Mayor Mei called the mee ting to order at 6:00 p.m.
Roll Call: Present: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox. Councilmember Cox arrived at 6:05 p.m.
Councilmember Keng arrived at 6:10 p.m.
Public Comment: None.
CONVENED TO A CLOSED SESSION at 6:02 p.m.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(4)
(One Case)
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
Government Code Section 54956.9(1)
1. Michael John Knight, Jr., e t al. v. City of Fremont, et al.
Alameda County Superior Court Case No. 22CV010431
The Special Meeting of the Fremont City Council adjourned at 7:05 p.m.
A t t e s t : A p p r o v e d :
_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r
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MINUTES
FREMONT CITY COUNCIL MEETING
FEBRUARY 13, 2024
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953(b), the following meeting included teleconference participation by Councilmember Campbell from:
Morrison Clark Historic Inn
Hotel Business Center, 2nd floor
1011 L Street, NW
Washington, DC. 20001
1. PRELIMINARY
A. Call to Order: Mayor Mei called the mee ting to order at 7:11 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.
City Manager Shackelford shared information regarding items of Council/community interest.
E. Report Out of Closed Session (if applicable)
City Attorney Alvarado reported that the Council conducted a conference in Closed Session this evening. The Council discussed Conference with Legal Counsel Anticipated Litigation pursuant to Government Code Section 54956.9(d)(4), one case, and took no reportable action.
The Council also had a discussion regarding Pending Litigation, case name Michael John Knight, Jr. Et Al., vs City of Fremont, Et Al., Alameda County Superior Court Case No. 22CV010431. No reportable action taken on this item.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances – None.
* B. Approval of Minutes – None.
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* C. Mayor Mei opened consideration of Approval to Adopt a Reso lution Approving Amendments to the Policy and Request to Purchase Additional Unmanned Aerial Systems (UAS) for Use in the Field and Drone as First Responder (DFR) Deployments (Military Equipment Use Policy Update)
This item was removed from the Consent Calendar. Councilmember Cox shared comments.
Mayor Mei opened the public comment period. There being no speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council adopted Resolution No. 2024-03 approving the amendments to the Military Equipment Use Policy, purchase of four UAS, and use of the UAS in the DFR Program.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
A
bstain: None
* D. Mayor Mei opened considera tion of Approval to Authorize the City Manager or Designee to Enter into an Agreement and Issue Purchase Orders with SmartWave Technologies, LLC for the Purchase and Installation of Wi-Fi Equipment for the Six Commercial Districts Wi-Fi Access Expansion Project in an Amount Not to Exceed $800,000 and Find the Project Exempt from CEQA pursuant to CEQA Guidelines Section 15301 (Wi-Fi Equipment and Installation Purchase for the Six Commercial Districts)
This item was removed from the Consent Calendar. Councilmembers shared comments. Mayor Mei opened the public comment period. There being no speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:
1. Authorize the City Manager , or her designee, to enter into an agreement and to execute implementing documents with SmartWave Technologies, LLC, for the purchase and installation of Wi-Fi equipment for the Six Commercial Districts Wi-Fi Access Expansion Project in an amount not to exceed $800,000.
2. Found this project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 as a minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
A
bstain: None
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3. CEREMONIAL ITEMS
A. Proclamation: Congenital Heart Defect Awareness Week - February 7-14, 2024
B. Proclamation: One Book, One Community Read
C. Proclamation: 2024 Lunar New Year Celebration
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 persons commented: Hiu Ng, Ahmed M., Keith Parker, Naheed Hasnat, Jackson Peterson (representing GovGPT, provided handout), Inga Pevchin, Rabbi Eli Lande, Felix Lechner, Charles Dornfest, Annie Zeng, Yasin Mohammed, Anish Sutha, Nasteha Ahmen, Sadiya Shamim, Moshe Fuss, Obaidah, Mohammed Ahmed, Roberta Ryan, Gulled Rebled, Sumaya Jarnati, Naseer Syed, Kim Mohammed, Fatmeh Helweh, M. Forooq, Nick Sar, Khaled Abraham, and Vlad V.
5. SCHEDULED ITEMS
A. Mayor Mei opened considerati on of a scheduled Public Hearing titled “APPEAL OF
CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261)” The item has been continued to the March 19, 2024 City Council Meeting, at the request of the applicant.
No vote taken. Item continued to a date certain.
B. Mayor Mei opened consideration of a Public Hearing (Publish ed Notice) to Adopt a Resolution Amending the Master Fee Schedule to Change City Staff Charges for Special Events
Public Affairs Manager Amy Gee provided an overview. Mayor Mei opened the public hearing. The following person commented: Cindy Bonior (representing the Fremont Chamber of Commerce). There being no additional speakers, Mayor Mei closed the public hearing. Staff responded to questions from Councilmembers.
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council adopted Resolution No. 2024-04 amending the Master Fee Schedule for Special Event Staff Charges.
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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
1. Mayor Mei opened consideration of Councilmember Kassan Refe rral: Animal Shelter
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.
Councilmember Kassan provided an overview. City Staff responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following persons commented: Kelly Taaffe, Hilary Danahy (Ohlone Humane), Eileen Williams, Suzanne Caires (Recues, provided a hand-out), Sharon Giottonini (OHS info line), Bridget Makk, Kathryn Hamilton, Sherry Murphy, Mich Chen, Yurika Vu (Kitten Rescue 101), Kate Mills, Diane Shaw (Ohlone Humane Society), Veronica Walter, Kelly Abreu, and Marie Hughes. There being no additional speakers, Mayor Mei closed the public comment period.
Councilmember Kassan clarified that her referral was for dispositive action this evening and not a request to report back. This was followed by much discussion between Council and Staff.
On a motion by Councilmember Shao, seconded by Councilmember Cox, the City Council voted to bring a report back on April 2, 2024, addressing the seven items identified in the Kassan Referral, as potential action items.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Salwan, an
d Cox
Noes: Councilmember Kassan voted no on grounds she wanted action this evening.
Absent: None
A
bstain: None
B. Appointments to Boards, Commissions, Committees – None.
C. Legislative Actions – None.
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D. Report on Committee Assignments
Councilmembers reported on their various meetings.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 10:35 p.m.
A t t e s t : A p p r o v e d :
_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r
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MINUTES
FREMONT CITY COUNCIL MEETING
FEBRUARY 20, 2024
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
1. PRELIMINARY
A. Call to Order: Mayor Mei called the mee ting to order at 7:00 p.m.
B. Flag Salute: Councilmember Campbell led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
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 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. Approval of Minutes – None.
* C. Mayor Mei opened consideration of Approval to Accept $1 Mi llion 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.
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On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council approved of the following actions related to receiving State grant funds for the Central Park Community Center project:
1. Find the actions are exempt fr om 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 mil lion and appropriate the funds to the Central Park Community Center Project – PWC9087-525.
3. Adopted Resolution No. 2024-05 a uthorizing 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.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: None
A
bstain: None
3. CEREMONIAL ITEMS
A. Certificate of Recognition: O hlone College Black Student Union
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
The following persons commented: Junaid Hussain, Jerin Al-Khalil, Saeed, Mohammed, Sofia Khan, Fiza Liaquat, Naseer Syed, Aisha Siddiau, Bonnie Kellogg, Michael Sorim, Anish Suthar, Yasin, Charles Dornfest, Le Mares, Naseer Irfan, Arbaz Khan Mohammed, Shabaz Khan Mohammed, Nahed Barakat, Samar Barakat, Maniya Greene, Salim Mastan, Othman A., Thomas Cabral (provided a hand-out), Inga Pevchin, Kim Mo, Gulled Roble, Sumaya Jounati, and Istafa Zaidi.
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of a Public Hearing (Publish ed 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 (Updating Speed Limits on City Streets)
Public Works Director Hans Larsen provided an overview. Mr. Larsen and Principal Transportation Engineer Eric Hu responded to questions from Councilmembers. Mayor Mei
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opened the public hearing. The following persons commented: Naren Immadi and Kelly Abreu. There being no additional speakers, Mayor Mei closed the public hearing.
Councilmembers provided comments.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:
1. Held a Public Hearing.
2. Found that the recommended acti ons 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. Approved the Engineering and Tra ffic 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. Introduced an ordinance amending Section 10.05.1000 of the Fremont Municipal Code to update established speed limits on City roadways.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, an
d Cox
Noes: Vice Ma yor Shao
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 – None.
C. Legislative Actions – None.
D. Report on Committee Assignments – None.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:50 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 (5103 : Approval of Minutes - 2024-01-09 -) Fremont City Council Meeting: 03/05/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments
REVIEWED
Sponsors:
COUNCIL STAFF REPORT (ID # 5102) DOC ID: 5102
Updated: 3/1/2024 1:40 PM by Dina Lewis Page 1
SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE SECTION 10.05.1000 "DECLARED PRIMA FACIE SPEED LIMITS"
Contact Persons:
Name: Susan Gauthier Hans Larsen
Title: City Clerk Public Works Director
Div/Dept: City Clerk's Office Public Works
Phone: 510-284-4076 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to adopt 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.
The ordinance was introduced by the City Council at its February 20, 2024 meeting. The ordinance is now before the Council for adoption.
LINK: Engineering and Traffic Survey Report
https://www.fremont.gov/home/showpublisheddocument/14997
ATTACHMENTS:
• Draft Ordinance Amendment (Speed Limit)
RECOMMENDATION: Waive second reading and adopt 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) (5102 : Second Reading and Adoption of an Ordinance-UPDATING SPEED LIMITS ON
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Attachment: Draft Ordinance Amendment (Speed Limit) (5102 : Second Reading and Adoption of an Ordinance-UPDATING SPEED LIMITS ON
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Attachment: Draft Ordinance Amendment (Speed Limit) (5102 : Second Reading and Adoption of an Ordinance-UPDATING SPEED LIMITS ON Fremont City Council Meeting: 03/05/24 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts
REVIEWED
Sponsors:
COUNCIL STAFF REPORT (ID # 5086) DOC ID: 5086
Updated: 2/26/2024 5:21 PM by Susan Gauthier Page 1
RECREATION SERVICES FOR CLASSES AND CAMPS - Authorize the City Manager or Designee to Execute Agreement with Nanogen Science and Services, LLC, a California Limited Liability Company dba Mad Science of the Bay Area.
Contact Persons:
Name: Michael Sa LaShawn Butler
Title: Recreation Superintendent II Interim Community Services Director
Div/Dept: Community Services Community Services
Phone: 510-494-4372 (510) 494-4329
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to authorize the City Manager or her designee to execute a Recreation Services Agreement with Nanogen Science and Services, LLC, a California Limited Liability Company dba Mad Science of the Bay Area in an amount not to exceed $300,000 from March 1, 2024 through February 28, 2026.
BACKGROUND: The Community Services Department offers a variety of activities and programs through the Recreation Services Division. Nanogen Science and Services, LLC a California Limited Liability Company dba Mad Science of the Bay Area (Mad Science) has contracted with the City of Fremont Community Services Department Recreation Division since 2000 offering educational, science-based STEM programming and instruction to approximately 6,507 youth in Fremont. Mad Science provides science-based enrichment programs that meet STEM objectives for children ages 4-12 years; ensuring a high level of educational quality and sparking children’s imaginations through scientific discoveries and hands-on projects.
DISCUSSION/ANALYSIS: Each year, summer camps offered by Mad Science are filled to capacity and often have lengthy waiting lists. To meet community demand additional camp sessions are offered and/or camp registrant levels are increased if physical space is available. Recreation Services and Mad Science have worked together to meet this on-going community demand for an increase in STEM-based programming. The possibility for new, year-round programming offerings is anticipated, in addition to summer camp programs. To ensure availability to serve all registrants interested in STEM-based camps/programs, staff recommends that the City Council authorize the City Manager or her designee to execute an agreement with Nanogen Science and Services, LLC a California Limited Liability Company dba Mad Science of the Bay Area, in an amount not-to-exceed $300,000 from March 1, 2024, to February 28, 2026.
FISCAL IMPACT: Mad Science is a program offered through the Community Services Department. The cost of the program is recovered through fees charged to participants. The Recreation Services Agreement contractual payment is established with 60% of resident registration fees paid to the contractor and 40% of the fees contributed to the Recreation Cost Center.
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ENVIRONMENTAL REVIEW: The proposed action is not subject to the California Environmental Quality Act (CEQA) because it is not a project that has potential for causing a significant effect on the environment as defined in CEQA Guidelines Section 15061(b)(3).
ATTACHMENTS: None.
RECOMMENDATIONS: Authorize the City Manager or her designee to execute a Recreation Services Agreement with Nanogen Science and Services, LLC a California Limited Liability Company dba Mad Science of the Bay Area not to exceed $300,000 from March 1, 2024 through February 28, 2026.
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Fremont City Council Meeting: 03/05/24 07:00 PM
3300 Capitol Avenue Div/Dept: Housing
Fremont, CA 94538 Category: Affordable Housing
REVIEWED
Sponsors:
COUNCIL STAFF REPORT (ID # 5089) DOC ID: 5089
Updated: 3/1/2024 1:51 PM by Dina Lewis Page 1
ADOPT A RESOLUTION APPROVING ADDITIONAL FUNDING FOR THE DOUG FORD COMMUNITY APARTMENTS PROJECT - Approval of Additional Affordable Housing Funding for the Doug Ford Community Apartments Project and Making Findings of CEQA Exemption
Contact Persons:
Name: Lucia Hughes Dan Schoenholz
Title: Housing Manager Community Development Director
Div/Dept: Housing Community Development
Phone: 510-494-4506 510-494-4438
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to recommend that the City Council appropriate an additional $1,350,000 in funding for the Doug Ford Community Apartments project (formerly known as the Irvington Affordable Senior Apartments project).
The additional funds will come from the City’s Affordable Housing Development Fund.
BACKGROUND: Abode Housing Development (Abode) (formerly known as Allied Housing) is a Fremont-based affordable housing developer and the primary provider in Fremont of supportive housing aimed at the homeless or those at risk of homelessness.
In 2018 and 2019, the City Council appropriated a total of $9 million from the Affordable Housing Development Fund for Abode to support the acquisition and construction of Doug Ford Community Apartments. The project also received financial support from the Alameda County A1 bond fund, State No-Place-Like Home funding, and tax credit financing. The 90- unit affordable senior housing development located at 4038 Irvington Avenue provides age - restricted units for seniors, veterans, and individuals that have experienced homelessness in one and two-bedrooms units.
The project was initially scheduled for completion by October 2022. However, the project did not achieve substantial completion until the late summer of 2023. The significant delay was primarily due to PG&E supply chain and staffing shortages, which many development projects have experienced during the past few years, but most notably during the pandemic. As a direct result of the delay, the project was confronted by a budget shortfall of approximately $1.7 million. Financing, labor, and other carrying costs continued to compound and escalate as the project was delayed.
DISCUSSION/ANALYSIS: Abode was able to reduce the budget gap to $1.35 million by obtaining an early equity pay-in from its equity investor. The early pay-in (at occupancy rather than at conversion to permanent financing, which occurs later) helped reduce the financing cost. Abode also sought additional financial assistance from the State Department of Housing and Community Development but was unsuccessful.
The $1.35 million requested from the City would allow Abode to repay themselves for staffing and overhead costs for which they had expected to receive a developer fee upon closing out their construction loan. Their anticipated developer fee was instead expended for
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Council Staff Report (ID # 5089) Meeting of March 5, 2024 Updated: 3/1/2024 1:51 PM by Dina Lewis Page 2
increased construction loan interest, increased insurance costs and additional soft costs.
Without the City’s additional financial support, Abode would need to accept the expenditures as a loss or incur additional hard debt at high interest rates to cover these costs. It would take the organization many years to recover from the loss and would negatively impact Abode’s ability to continue developing affordable homes in the future.
The additional $1,350,000 would be provided in the form of a 55-year residual receipts payment loan at a rate of 0% interest. It would bring the City’s total contribution to $10,350,000 or $115,000 per unit which is still well within the per-unit subsidy range of other affordable housing projects funded recently by the City.
Doug Ford Community Apartments achieved 100% occupancy in late 2023 and is a place that ninety formerly homeless and very-low income senior households can now call home.
Abode is in the process of closing out the construction loan and converting it to lower -cost permanent financing by around late-April, 2024. The City’s additional funding would be provided at the time of permanent loan closing.
FISCAL IMPACT: Sufficient funds are available for the recommended appropriation.
ENVIRONMENTAL REVIEW: Original approval of the Doug Ford Community Apartments Project was subject to SB35, and was therefore ministerial and not a project under CEQA.
The proposed additional funding for the project and amended loan documents are exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project within the meaning of CEQA, without limitations, in accordance with CEQA Guidelines Section 15378(b)(2),(4) and/ or (5) and/ or 15061(b)(3), each as a separate and independent basis.
ATTACHMENTS:
• Resolution to Appropriate Add Funds for Doug Ford Apartments Final
RECOMMENDATIONS:
1. Adopt a resolution authorizing the City Manager or her designee to amend the existing loan documents to add an additional $1,350,000 in funding to the project and take such other actions as required to - increase the total loan amount to $10,350,000 to Allied 4038 Irvington, L.P. and making findings of CEQA exemption.
2. Appropriate $1,350,000 from Fund 196 (Affordable Housing Development Fund) for the Doug Ford Community Apartments project.
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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 AN AMENDMENT TO THE EXISTING
LOAN DOCUMENTS TO ADD $1,350,000 IN AFFORDABLE
HOUSING FUNDS TO ALLIED 4038 IRVINGTON, L.P., FOR THE
DOUG FORD COMMUNITY APARTMENTS AND MAKING
FINDINGS OF CEQA EXEMPTION
WHEREAS, Abode Housing Development (Abode), formerly known as Allied Housing, is a Fremont-based affordable housing developer and the primary provider in Fremont of supportive housing aimed at the homeless or those at risk of homelessness; and WHEREAS, in 2018 and 2019, the City Council appropriated a total of $9 million from the Affordable Housing Development Fund for Abode to support the acquisition and construction of Doug Ford Community Apartments; and
WHEREAS, the 90-unit affordable housing development located at 4038 Irvington Avenue provides age-restricted units for seniors, veterans and individuals that have experienced homelessness; and
WHEREAS, project completion was significantly delayed primarily due to PG&E supply chain and staffing shortages, and as a direct result of the delay, the project was confronted by a budget shortfall due to compounding and escalating financing, labor and carrying costs; and WHEREAS, Abode was able to reduce the project’s budget gap from $1.7 million to $1.35 million by obtaining an early payment from its equity investor, which helped reduce the financing cost because a portion of the construction loan was paid off when the project received a temporary certificate of occupancy; and
WHEREAS, the $1.35 million requested from the City would allow Abode to repay itself for staffing and overhead costs for which they expected to receive developer fee upon closing out their construction loan but was instead expended for increased costs; and WHEREAS, the additional $1,350,000 would be provided in the form of a 55-year deferred payment loan at a rate of 0% interest and would bring the City’s total contribution to $10,350,000 or $115,000 per unit which is within the per-unit subsidy range of other affordable housing projects funded recently by the City; and
WHEREAS, Doug Ford Community Apartments achieved 100% occupancy in 2023 and is a place that formerly homeless and very-low income senior households now call home; and WHEREAS, Abode is in the process of closing out the construction loan and converting it to lower-cost permanent financing by mid-March 2024, and the City’s additional financing would be provided at the time of permanent loan closing.
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Attachment: Resolution to Appropriate Add Funds for Doug Ford Apartments Final (5089 : ADDITIONAL FUNDING FOR THE DOUG FORD Resolution 2024-XX Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY:
1. Authorizes the City Manager or her designee to amend the existing loan documents to add an additional $1,350,000 in funding to the project and take such other actions as required to provide a loan in the total amount of $10,350,000 to Allied 4038 Irvington, L.P.
2. Appropriates $1,350,000 from Fund 196 (Affordable Housing Development Fund) for the Doug Ford Community Apartments project.
3. Finds this action to be exempt from the California Environmental Quality Act (CEQA) pursuant to, without limitation, Sections 15378(b)(2), (4) and/or (5) and/or 15061(b)(3) in that it is an administrative or fiscal activity of the City which has no potential, directly or indirectly to cause a significant effect on the environment.
ADOPTED , 2024, 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: Resolution to Appropriate Add Funds for Doug Ford Apartments Final (5089 : ADDITIONAL FUNDING FOR THE DOUG FORD Fremont City Council Meeting: 03/05/24 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Agreements and Contracts
REVIEWED
Sponsors:
COUNCIL STAFF REPORT (ID # 5100) DOC ID: 5100
Updated: 3/1/2024 1:59 PM by Dina Lewis Page 1
STARCHASE PURSUIT ALTERNATIVE TECHNOLOGY DEVICES - Authorize the City Manager, or Designee, to Issue a Purchase Order with StarChase, LLC in an amount not to exceed $250,000
Contact Persons:
Name: Eric Tang Sean Washington
Title: Police Captain Police Chief
Div/Dept: Police Department Police Department
Phone: (510) 790-6900 510-790-6969
E-Mail: [email protected] [email protected]
Executive Summary: The Fremont Police Department receives funding via the Citizens Option for Public Safety (COPS) grant each year and previously reported to the City Council that a portion of the funding would be utilized for Police Department capital equipment in FY 2023/24.
The pursuit alternative technology product consists of a device that is mounted to the front of a patrol vehicle. The device launches a GPS projectile towards a suspect vehicle , which then attaches via a magnet encased in a thick flexible material. The GPS projectile then begins transmitting live GPS locations, which allows officers to back off a fleeing suspect and continue to follow the GPS updates until a safer location is determined for an enforcement contact. The technology has proven to reduce pursuits and increase the rate of suspect apprehension.
BACKGROUND: The Fremont Police Department continues to seek strategies to combat problematic crime series, such as burglaries, stolen vehicles, and robberies. Many of these property crimes are not pursuable due to the inherent risk of pursuits to our community. As a result, many of these suspects flee from vehicle enforcement stops and are never arrested.
The StarChase technology will allow officers to deploy a GPS projectile onto the suspect vehicle. As a result, the officer can disengage from following the suspect and remain out of sight from the offender. StarChase, LLC has found that offenders return to normal driving patterns within ten miles per hour of the speed limit within two minutes of the GPS projectile being deployed. Further, 85% of vehicles are recovered after the GPS projectile has been deployed.
This technology provides the Police Department with the equipment and strategies to combat all levels of crimes, including property crimes, which continue to plague the entire Bay Area. Furthermore, this technology will reduce the number of police pursuits and associated dangers to which community members are exposed.
DISCUSSION/ANALYSIS: StarChase, LLC is the sole manufacturer and distributor for their line of equipment, which is considered proprietary. The Police Department has searched for alternate products; however, there are no other products on the market that allow for a patrol vehicle to deploy a GPS projectile onto a moving suspect vehicle.
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Accordingly, purchase of the StarChase devices is exempt from the City’s standard competitive procurement requirements under Fremont Municipal Code Sections 3.20.280(c) and 3.20.300.
The Police Department previously made an initial purchase, which outfitted half of the marked patrol fleet. This purchase will fund another 34 marked patrol vehicles.
FISCAL IMPACT: The estimated cost for up to 34 StarChase devices is approximately $250,000 and will be paid from the FY 2023/24 COPS Grant, which was previously appropriated by the City Council in the COPS Grant Fund (Fund 151).
ENVIRONMENTAL REVIEW: The purchase of devices attached to existing patrol vehicles is not a project under the California Environmental Quality Act (CEQA) as defined in CEQA Guidelines Section 15061(b)(3) which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager, or designee, to issue a Purchase Order with StarChase, LLC in an amount not to exceed $250,000 for StarChase devices.
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Fremont City Council Meeting: 03/05/24 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Budget
REVIEWED
Sponsors:
COUNCIL STAFF REPORT (ID # 5097) DOC ID: 5097
Updated: 3/1/2024 2:09 PM by Dina Lewis Page 1
FISCAL YEAR 2023/24 MID-YEAR BUDGET REPORT - Update on the Status of the FY 2023/24 General Fund Operating Budget and Preliminary Three-Year Forecast; Approve Budget Adjustments; Make Findings of CEQA Exemption Contact Persons:
Name: David Persselin
Title: Finance Director
Div/Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]
EXECUTIVE SUMMARY: The Mid-Year Budget Report is an opportunity for staff to update the City Council on current-year budget performance based on actual operating results.
Staff will present a brief review of economic trends, discuss revised General Fund revenue and expenditure projections for the current year, provide a preliminary General Fund forecast for the next three years, and present recommendations for mid-year budget adjustments.
BACKGROUND: The Fiscal Year 2023/24 operating budget was adopted by the City Council on June 13, 2023. The adopted budget was developed on the assumption that growth in the local economy would slow and that General Fund ongoing revenues would increase by about
4.9%. The costs of the adopted budget were expected to be covered by projected ongoing resources. To address both the increasing contribution of sales tax revenue to General Fund resources and the heightened possibility of an economic slowdown, the adopted budget increased the Budget Uncertainty Reserve to $20 million.
In July, the City Council appropriated $3.4 million from the General Fund Contingency Reserve to begin repair work on City infrastructure that was damaged by the winter storms, with the expectation that a portion of those costs would be reimbursed by the federal government.
As part of the FY 2022/23 Year End Report presented to the City Council on November 7, 2023, staff discussed information received from the California Department of Tax and Fee Administration (CDTFA) regarding overpayment of sales tax to the City during FY 2022/23.
At that time, staff estimated the CDTFA would recover approximately $28 million by reducing future quarterly sales tax remittances.
Consequently, the City Council chose to leave the FY 2022/23 ending unreserved fund balance of $21.9 million unappropriated so it would be available to absorb the loss of revenue we expected to experience. Staff also noted plans to suspend the $5.5 million of ongoing increases we budgeted this year for street, building, and parks maintenance.
In late November, as part of the “true-up” of payments for the quarter ended September 30, 2023, the CDTFA reduced the City’s sales tax allocation by $4.1 million to recover the amount over-advanced during the quarter that ended June 30, 2023.
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In late February, staff were notified by the CDTFA that the overpayment of sales tax occurred during the two quarters ended December 31, 2022, and March 31, 2023, and totaled approximately $19.5 million. Staff plan to request that the CDTFA mitigate the impact of the reallocation by recovering that amount over the next four quarters (two in the current fiscal year and two in FY 2024/25). Because the amount of City point-of-sale revenue will be reduced in each of those four quarters, the City’s share of Countywide pool revenue will also be reduced. Staff estimates that additional revenue loss will total $4.3 million.
Because sales tax information is confidential under State law, the level of detail staff can provide is very limited.
DISCUSSION AND ANALYSIS:
Economic Trends: Calendar year 2023 saw the national economy expand at a healthy
2.5% annual rate, with particularly high growth in the third and fourth quarters. Consistent with an economic expansion, the labor market has remained tight, with the national unemployment rate remaining close to record low levels at 3.7%.
To combat inflation, the Federal Reserve has raised interest rates repeatedly over the last two years, and that intervention appears to be working, with the consumer price index declining from 6.4% in January 2023 to 3.1% in January 2024. Expectations of lower interest rates in the next few months have prompted a rally in the stock market and an increase in consumer confidence.
Although the City’s preliminary revenue forecast assumes continued increases over the next few years, the continuation of armed conflicts internationally and political polarization domestically create significant economic uncertainties.
FY 2023/24 General Fund Revenue and Expenditure Estimates: Overall, General Fund revenues and transfers in are estimated to drop 17.3% in FY 2023/24 from the FY 2022/23 level, resulting in $46.0 million less of estimated resources than included in the adopted budget. The General Fund’s largest source of revenue, property tax, is performing about $5.3 million above the budget estimate, with expected growth of 8.0% over the prior year.
Conversely, sales taxes, constituting the General Fund’s second largest source of revenue, are projected to fall by 54.7%, a $50.3 million shortfall from the adopted budget revenue estimate. Approximately $16.1 million of that shortfall is attributable to overpayments to be recovered by the State and the associated reductions in Countywide pool revenue. The remaining shortfall, about $34 million, reflects the ongoing difference between the forecast from May 2023, which assumed the then-current revenue level, and the current adjusted forecast.
Additionally, the post-pandemic recovery in hotel tax revenue appears to have slowed, reducing the current year estimate by $1 million. This report includes recommended adjustments to bring the budgeted revenue estimates for property tax, sales tax, and hotel tax in line with the current projections.
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General Fund expenditures and transfers out for FY 2023/24 are projected to end the year $8.8 million below the adjusted budget due to the suspension of new transfers for streets and buildings maintenance and higher than anticipated citywide vacancy savings. In total, General Fund expenditures and transfers out are anticipated to fall about 12.4% below the FY 2022/23 level.
The adjusted budget assumed that the General Fund would end the year with $22.9 million of unreserved fund balance. The $46.0 million decrease in estimated General Fund resources, partially offset by $8.8 million of additional expenditure savings, results in an operating deficit of $37.2 million. That deficit is projected to be addressed with the projected $22.9 million of unreserved fund balance and $14.3 million of the General Fund Budget Uncertainty Reserve.
Staff will return to the City Council on May 14, 2024, with updated estimates for FY 2023/24 incorporated into the FY 2024/25 Proposed Operating Budget.
The following table presents a comparison of FY 2022/23 actual results with the FY 2023/24 adjusted budget and staff’s FY 2023/24 mid-year estimate.
Preliminary General Fund Forecast: Revenue projections for the next three fiscal years are based on the most current information available and take into account historical trends, current-year performance through mid-year, projected development activity, and scheduled changes in various fees and rates.
The FY 2024/25 and subsequent year expenditure projections include estimated citywide savings and adjustments to reflect labor agreements, CalPERS pension contributions, retiree
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healthcare contributions, scheduled debt service payments, and contractual obligations. In accordance with the City Council’s Pension Liability Funding Policy, an additional pension contribution has been included in each year as well. It is important to note that the City’s labor agreements expire on June 30, 2025, and no compensation increases have been assumed in the FY 2025/26 and FY 2026/27 expenditure projections.
As this forecast is preliminary, the expenditures shown represent a “base budget” that delivers the existing level of services with no assumed compensation or staffing increases.
These expenditure levels may increase as the FY 2024/25 Proposed Operating Budget is developed with the benefit of additional information, including any recommendations for service level enhancements.
Revenue and Expenditure Adjustments: As discussed above, the current revenue projections for property tax, sales tax, and hotel tax are varying from their budgeted estimates by a net amount of $46.0 million, and expenditures are projected fall below the budgeted appropriations by $8.8 million. Staff recommends that the City Council amend the budget estimates for those three revenues, increase the expenditure savings estimate to match the current projection, and reduce the transfers for street and building maintenance by $4.5 million (retaining the current year $1 million increased appropriation for parks maintenance to address contractual commitments).
Additionally, staff anticipates that approximately $14.3 million of the General Fund Budget Uncertainty Reserve will be needed to address the current-year revenue shortfall. Given the potential for higher than anticipated expenditures or lower than expected revenues in the
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current year, and the importance of having a well-funded reserve in place as we plan for next year, staff recommends that the City Council partially restore the Budget Uncertainty Reserve by transferring $10 million from the Accrued Leave Liability Reserve it established last year. The projected ending fund balance in the Accrued Leave Liability Reserve, along with ongoing contributions from the operating funds, will be more than adequate to address the City’s near-term leave liquidation needs.
FISCAL IMPACT: The recommended budget adjustments will better align the General Fund revenue and expenditure estimates with the current projections and partially restore the General Fund Budget Uncertainty Reserve. Staff will return to the City Council on May 14, 2024, with the FY 2024/25 Proposed Operating Budget and a revised General Fund forecast.
ENVIRONMENTAL REVIEW: Action on this item is exempt from the requirements of the California Environmental Quality Act (CEQA), per CEQA Guidelines Section 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment.
ATTACHMENTS: None.
RECOMMENDATIONS:
1. Increase the General Fund revenue estimate for property tax by $5.3 million.
2. Decrease the General Fund revenue estimates for sales tax by $50.3 million and hotel tax by $1.0 million.
3. Decrease the General Fund transfer appropriation to the Capital Improvements Fund (Fund 501) for street and building maintenance by $4.5 million.
4. Increase the General Fund citywide savings estimate by $4.3 million.
5. Approve the transfer of $10 million from the Accrued Leave Liability Reserve in the Employee Benefits Fund (Fund 630) to the General Fund Budget Uncertainty Reserve.
6. Find the action is exempt from CEQA review, per CEQA Guidelines Section 15378(b).
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