Agenda packet, first session — Fremont City Council, July 9, 2024

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

Kim Beranek, Community Services Director
Geneva Bosques, Communications and
Legislative Affairs Director
LaShawn Butler, Interim Maintenance
Operations 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
July 09, 2024

General Order of Business

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

2. Consent Calendar

3. Ceremonial Items

4. Public Communications

5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees

6. Other Business

7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments

8. Adjournment

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

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

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

Agenda and Report - Fremont City Council Meeting - July 09, 2024

July 9, 2024 Fremont City Council Page 2
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING.

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

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

Attending July 9, 2024 City Council meeting online via Zoom https://us06web.zoom.us/j/85992554662
Meeting ID: 859 9255 4662

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.

July 9, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
July 09, 2024
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

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

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to 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. FINANCIAL AUDIT SERVICES – Authorization to Execute Agreement for Financial Audit Services with Macias Gini & O’Connell LLP Contact Persons:

Name: Hein Hein Myat David Persselin
Title: Accounting Manager Finance Director
Dept: Finance Department Finance Department
Phone: 510-494-4602 510-494-4631
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or her designee to execute an agreement with MGO to provide financial audit services for fiscal years ending June 30, 2024, 2025, 2026, 2027 and 2028 at a total not-to-exceed amount of $831,075 for a term beginning in fiscal year 2023/24 and ending on June 30, 2029.

D. PURCHASE OF FIRE APPARATUS - Authorize City Manager to enter into an Agreement with Golden State Fire Apparatus for the Purchase of Three Type I Engines in the Amount of $3,708,551; Make Findings of CEQA Exemption
Contact Persons:

Name: Corina Campbell Heather Mozdean
Title: Business Manager Deputy Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4200
E-Mail: [email protected] [email protected]

July 9, 2024 Fremont City Council Page 4
RECOMMENDATION: Authorize the City Manager or her designee to issue a purchase order to Golden State Fire Apparatus for three Pierce Type I Fire Engines in a total amount not to exceed $3,708,551 using the terms of the Sourcewell contract, and find that the action is exempt from CEQA review per CEQA Guideline section 15378(b)(2) (administrative and funding activities of government).

E. FIRE STATION ALERTING SYSTEM - Authorize the City Manager to Enter into an Agreement with US Digital for the Purchase of a Fire Station Alerting System in the Amount of $1,536,914
Contact Persons:

Name: Corina Campbell Heather Mozdean
Title: Business Manager Deputy Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4200
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or her designee to issue a purchase order to US Digital Designs for the purchase of a Phoenix GS Alerting System in a total amount not to exceed $1,536,914 using the terms of the NPPgov contract to be paid from the Fire Station Alerting System Project (PWC9098-501).

F. APPROVE PURCHASE ORDER FOR FIRE PROTECTIVE EQUIPMENT – Authorize the City Manager to Issue a Purchase Order for Fire Protective Equipment to Municipal Emergency Services in an Amount Not to Exceed $125,000
Contact Persons:

Name: Corina Campbell Heather Mozdean
Title: Business Manager Deputy Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4200
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager to issue a purchase order to Municipal Emergency Services for personal protective equipment in an amount not to exceed $125,000 using the Sourcewell Cooperative Agreement, and find that the action is exempt from CEQA review per CEQA Guidelines, Section 15378(b)(2).

G. SERVICE AGREEMENT FOR RECRUITMENT MARKETING AND ADVERTISING – Authorize the City Manager to Execute a Service Agreement with the Hoffman Agency in an amount not to exceed $150,000 for Fiscal Year 2024/25
Contact Persons:

Name: Tina Gallegos
Title: Human Resources Director
Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]

RECOMMENDATION: Authorize the City Manager (or designee) to execute an agreement with the Hoffman Agency through June 30, 2025, in an amount not to exceed $150,000.

July 9, 2024 Fremont City Council Page 5
H. FOURTH AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT - Consideration of an Amendment to the Employment Agreement between City Manager Karena McGee Shackelford and the City of Fremont Contact Persons:

Name: Tina Gallegos
Title: Human Resources Director
Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]

RECOMMENDATION: Adopt attached Resolution and authorize the Mayor to execute the Fourth Amendment to the City Manager’s employment agreement which authorizes a four percent salary adjustment.

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

Name: Tina Gallegos
Title: Human Resources Director
Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]

RECOMMENDATION: Adopt attached Resolution and authorize the Mayor to execute the Fourth Amendment to the City Attorney’s employment agreement which authorizes a four percent salary adjustment.

J. TRANSFER STATION AGREEMENT AMENDMENT - Authorize Execution of Amendment Authorizing BLT Enterprises to Proceed with Design of Recycling Process Equipment Upgrades and Incorporate Enhanced Waste Diversion and Processing Services and Making Findings of CEQA Exemption Contact Persons:

Name: Kathleen Cote-Guarnieri Dan Schoenholz
Title: Environmental Services
Manager
Community Development Director
Dept: Environmental Services Community Development
Phone: 510-494-4583 510-494-4438
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or her designee to execute the Seventh Amendment to the Agreement between the City of Fremont and BLT Enterprises for Recyclables Diversion and Transfer Services (Solid Waste Transfer Agreement), take all reasonable actions necessary and appropriate to implement the same, and find the action is exempt from CEQA as specified in this Report.

July 9, 2024 Fremont City Council Page 6

3. Ceremonial Items

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. CENTRAL PARK COMMUNITY CENTER PROJECT - Receive Presentation on Status of the Central Park Community Center Project (PWC9087); Approve an Initial Construction Phase Based on Currently Secured Funding; and Make Findings of CEQA Exemption
Contact Persons:

Name: Kim Beranek Hans Larsen
Title: Community Services Director Public Works Director Dept: Community Services Public Works
Phone: 510-494-4330 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the Central Park Community Center Project (PWC9087):

1. Receive presentation on project status.

2. Approve an initial construction phase based on currently secured funding.

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

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

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

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
July 9, 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

July 9, 2024 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 July 16, 2024 7:00 p.m. City Council Meeting Council Chambers Live
July 23, 2024 CANCELLED: CC/FUSD
Liaison Committee Meeting
July 30, 2024 No 7PM City Council Meeting
(5th Tuesday)
August Recess Council in Recess until
September
September 3, 2024 7:00 p.m. City Council Meeting Council Chambers Live
September 10, 2024 7:00 p.m. City Council Meeting Council Chambers Live
September 17, 2024 7:00 p.m. City Council Meeting Council Chambers Live
September 24, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
October 1, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
Monday,
October 7, 2024 5:30 p.m. CC/FUSD Joint Meeting FUSD Hosts Live October 8, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
October 15, 2024 7:00 p.m. City Council Meeting Council Chambers Live
October 22, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
October 29, 2024 No 7PM City Council Meeting
(5th Tuesday)

Fremont City Council Meeting: 07/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5202) DOC ID: 5202
Updated: 6/26/2024 2:16 PM by Dina Lewis Page 1
FINANCIAL AUDIT SERVICES – Authorization to Execute Agreement for Financial Audit Services with Macias Gini & O’Connell LLP
Contact Persons:

Name: Hein Hein Myat David Persselin
Title: Accounting Manager Finance Director
Div/Dept: Finance Department Finance Department
Phone: 510-494-4602 510-494-4631
E-Mail: [email protected] [email protected]

Executive Summary: The City engages a firm of certified public accountants to audit the City’s financial statements and issue reports related to the City’s internal controls, expenditure of grant funds, and compliance with grant requirements.

Staff recently conducted a request for proposals (RFP) process to solicit proposals from qualified firms. Having reviewed and evaluated the proposals based on criteria outlined in the RFP, staff recommends that the City Council authorize the City Manager or her designee to execute a financial audit services agreement with Macias Gini & O’Connell LLP (MGO).

BACKGROUND: The City engages a firm of certified public accountants to annually audit the City’s financial statements and issue reports related to the City’s internal controls, expenditure of grant funds, and compliance with grant requirements. The annual audit and the various reports are required by the City’s financing and grant agreements.

The auditor expresses an opinion on the fair presentation of the City’s basic financial statements in conformity with generally accepted accounting principles and provides an “in- relation-to” report on the supplementary information accompanying the basic financial statements, as well as performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board (GASB). The audits will be performed in accordance with generally accepted auditing standards.

The auditor also issues separate financial and/or compliance reports on the following:

Comprehensive Annual Financial Report, Federal Financial Assistance Programs - Single Audit including a report on the internal control over financial reporting based on the auditors’ understanding of the control structure and assessment of control risk, Agreed Upon Procedures Related to the Article XIII-B Appropriations Limit (Gann Limit), Transportation Development Act Program – Article III, and separate Alameda County Transportation Commission reports on Measure B, Measure BB and Measure F funds.

In addition to the audit-related services, the audit firm’s staff is available throughout the year, as needed, to provide training and consultation on various accounting and financial reporting matters, including implementation of new GASB requirements.

MGO has most recently audited the City’s financial statements and issued the required reports for fiscal years ended June 30, 2019, through June 30, 2023.

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Council Staff Report (ID # 5202) Meeting of July 9, 2024 Updated: 6/26/2024 2:16 PM by Dina Lewis Page 2

DISCUSSION/ANALYSIS: As the current financial audit services agreement with MGO ended on June 30, 2023, staff issued an RFP for Financial Audit Services in March 2024 and received responses in March 2024 from four firms.

Staff reviewed the proposals based on criteria outlined in the RFP and has determined that continuing with MGO as the City’s auditor best meets the City’s needs. Accordingly, staff recommends that the City Council authorize the City Manager or his designee to execute an agreement with MGO to provide financial audit services for fiscal years ended June 30, 2024, 2025, 2026, 2027 and 2028 for a term beginning in fiscal year 2023/24 and ending on June 30, 2029.

FISCAL IMPACT: MGO has proposed a cost of $138,450 for the first year, increasing each year by up to 4% depending on changes in the consumer price index. The City anticipates it is likely that additional single audit programs will be required, and the Agreement includes a total of $81,245 for two additional programs per year, at an assumed inflation rate of 4%, for the five-year term. Consequently, the total not-to-exceed amount over the five-year term of the agreement is $831,075. The cost of the audit services for the fiscal year ended June 30, 2024, was included in the FY 2024/25 Adopted Operating Budget.

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

ATTACHMENTS: None.

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Fremont City Council Meeting: 07/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Property Acquisitions & Dispositions

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5152) DOC ID: 5152
Updated: 7/1/2024 3:44 PM by Dina Lewis Page 1
PURCHASE OF FIRE APPARATUS - Authorize City Manager to enter into an Agreement with Golden State Fire Apparatus for the Purchase of Three Type I Engines in the Amount of $3,708,551; Make Findings of CEQA Exemption Contact Persons:

Name: Corina Campbell Heather Mozdean
Title: Business Manager Deputy Fire Chief
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4200
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to authorize the City Manager or her designee to use the terms of the Cooperative Sourcewell contract with Golden State Fire Apparatus (GSFA) to purchase three Pierce Type I Fire Engines in a total amount not to exceed $3,708,551.

BACKGROUND: The replacement schedule for Fire Department apparatus has been established based on service life, reasonable maintenance costs, technology advancement and safe operations. Fire Department engines have a first-line service life of 15 years; however, a vehicle may be replaced earlier or later if safety and maintenance so warrant.

There are currently three Type I Fire Engines due for replacement. These Type I Fire Engines were purchased in 2009 (City vehicles #29010, #29011, and #29013) and have reached their recommended service life this year. There is currently an estimated three-to- four-year construction process to build the fire engines, which means replacement apparatus ordered within the next month would not be available for service until FY 2027/28.

The Fire Department has established a standardized fleet of fire apparatus. At the organizational level, apparatus with identical operating and performance features allow Fire Department senior staff to take a consistent operational approach to an incident regardless of which company responds. At the company level, engines operated and outfitted with identical equipment provide firefighters with a familiar operating environment. Standardized training/outfitting based on a single equipment type also allows Fleet Maintenance Services to stock a smaller inventory of replacement parts and minimize maintenance costs. These benefits to the City, including both higher performance and lower cost, make compatibility with the existing fleet an overriding procurement consideration.

Since 1986 the Fire Department has purchased Pierce Fire Apparatus to outfit its fleet, including both engines and aerial ladder trucks. The recommended purchase of three Type I Pierce Fire Engines meets the standardization requirement established by the Fire Department.

DISCUSSION/ANALYSIS: Fremont Municipal Code Section 3.20.310(b) authorizes the City to dispense with competitive bidding and use the terms of another governmental contract (“piggyback”) to buy equipment or services. To qualify, the governmental contract

2.D
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Council Staff Report (ID # 5152) Meeting of July 9, 2024 Updated: 7/1/2024 3:44 PM by Dina Lewis Page 2
must have resulted from procurement methods similar to those required by the City’s Purchasing Ordinance and the terms of the governmental contract must be consistent with the City’s contract terms.

Sourcewell is a public entity with a national cooperative procurement program offering its member agencies access to publicly solicited contracts. As a member of Sourcewell, the City has the opportunity to realize cost savings by utilizing existing Sourcewell contracts.

Pursuant to a public solicitation in 2021, Sourcewell contracted with Golden State Fire Apparatus (GSFA) for the purchase of fire apparatus, which included Pierce engines. The solicitation method meets the requirements of the City’s Purchasing Ordinance and the terms of purchase in the recommended City contract with GSFA are materially the same as those of the GSFA contract with Sourcewell and consistent with the City’s contract terms. As specified in the Purchasing Ordinance, the Finance Director and the City Manager have approved the proposed use of the Sourcewell contract with GSFA.

Staff recommends that the City purchase the replacement Type I Fire Engines using the terms of the Sourcewell contract with GSFA as the City will receive a savings of approximately $147,840 using those terms. Staff anticipates receiving an additional savings of $610,680 by prepaying the vendor, as well as a $30,000 multi-unit discount, making the total savings $788,520.

FISCAL IMPACT: The budget allocation for this purchase was included in the FY 2024/25 adopted budget for the Fire Capital Replacement Fund (Fund 615).

The price quote of $3,364,658 from GSFA includes a total discount of $788,520. The sales/use tax for the purchase of $343,893 will be paid directly by the City to the State of California though a direct use tax payment upon delivery of the apparatus. This direct payment will benefit the City because the total amount of the City’s share of the sales tax will be allocated back to the City, rather than being shared with all Alameda County cities through the countywide sales tax pool.

ENVIRONMENTAL REVIEW: The action recommended in this report is not a project subject to review under the California Environmental Quality Act (CEQA) per CEQA Guideline section 15378(b)(2) as it is an administrative and funding activity of government.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager or her designee to issue a purchase order to Golden State Fire Apparatus for three Pierce Type I Fire Engines in a total amount not to exceed $3,708,551 using the terms of the Sourcewell contract, and find that the action is exempt from CEQA review per CEQA Guideline section 15378(b)(2) (administrative and funding activities of government).

2.D
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Fremont City Council Meeting: 07/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Property Acquisitions & Dispositions

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5153) DOC ID: 5153
Updated: 6/27/2024 5:46 PM by Susan Gauthier Page 1
FIRE STATION ALERTING SYSTEM - Authorize the City Manager to Enter into an Agreement with US Digital for the Purchase of a Fire Station Alerting System in the Amount of $1,536,914
Contact Persons:

Executive Summary: The Fire Department seeks Council approval to execute an agreement with US Digital Designs for $1,536,914, for the purchase of a new Phoenix G2 Alerting System, which will replace the current Locusion Station Alerting System and will enable the Fire Department to continue to receive calls dispatched from Alameda County Regional Emergency Communications Center (ACRECC).

BACKGROUND: In August 2003, the Fremont Fire Department (FFD) joined the Alameda County Regional Emergency Communications Center (ACRECC) consortium, and, in January 2008, the Alameda County Fire Department assumed responsibility for administration and operation of the ACRECC dispatch center. ACRECC currently dispatches fire emergency calls using a software program called Locution, which was installed approximately twenty years ago. This software and the alerting system have surpassed their useful life expectancy.

FFD has contracted with ACRECC for dispatch services since 2008, and recently renewed that agreement through June 30, 2028. The replacement of the alerting system in Fremont fire stations is not included in FFD’s contracted portion of ACRECC’s budget.

DISCUSSION/ANALYSIS: Alameda County Fire Department (ACFD) has worked with the ACRECC consortium operations committee to determine the most appropriate station alerting software to replace the outdated Locution system. The committee brought back the recommendation to move forward with Phoenix G2 Station Alerting, which was approved by the ACRECC Advisory Board at its November 16, 2022, meeting. Fremont Fire has been working in collaboration with ACRECC on this project with members of the Advisory Board.

The new system includes improvements to dispatched alerting times and will enable FFD to maintain National Fire Protection Association standards.

FFD will partner with staff from the Information Technology Services Department and the Maintenance Operations Department for the installation of the Phoenix G2 System in the City’s eleven fire stations. The overall system includes a mobile app, communications dashboard, displays, scrolling messaging, LED indicator lighting, software and hardware.

Installation and maintenance are also included in the recommended agreement.

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Council Staff Report (ID # 5153) Meeting of July 9, 2024 Updated: 6/27/2024 5:46 PM by Susan Gauthier Page 2
Use of Another Agency’s Contract Terms
Pursuant to the City’s Purchasing Ordinance, Section 3.20.310(b), the City is authorized to “piggyback” and enter into a contract to buy equipment or services based on the terms of an existing contract between the contractor and another public agency without competitive bidding. To qualify, the terms of purchase in the City’s proposed contract must be materially the same as those of the existing contract, and the contract must have resulted from procurement methods similar to those required by the Purchasing Ordinance.

The Cooperative Purchasing Program NPPgov is a national cooperative procurement program offering its member agencies access to publicly solicited contracts. As a member of NPPgov, the City has the opportunity to realize cost savings by utilizing existing NPPgov contracts.

Pursuant to a public solicitation in 2020, NPPgov entered into a contract with US Digital for the purchase of public safety software solutions. The solicitation method meets the requirements of the City’s Purchasing Ordinance, and the terms of purchase in the recommended City contract with US Digital are materially the same as those of the US Digital contract with NPPgov. As specified in the Purchasing Ordinance, the Finance Director and the City Manager have approved the proposed use of the NPPgov contract with US Digital.

FISCAL IMPACT: Funding for this agreement was included in Fire Station Alerting System Project (PWC9098-501) adopted as part of the FY 2023/24-2027/28 Capital Improvement Program.

ENVIRONMENTAL REVIEW: Approval of this agreement is not subject to review under the California Environmental Quality Act (CEQA) because it is an organizational or administrative governmental activity that will not result in direct or indirect physical changes in the environment and is therefore not a project as defined in CEQA Guidelines section 15378.

ATTACHMENTS: None.

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Fremont City Council Meeting: 07/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Property Acquisitions & Dispositions

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5204) DOC ID: 5204
Updated: 7/1/2024 3:56 PM by Dina Lewis Page 1
APPROVE PURCHASE ORDER FOR FIRE PROTECTIVE EQUIPMENT – Authorize the City Manager to Issue a Purchase Order for Fire Protective Equipment to Municipal Emergency Services in an Amount Not to Exceed $125,000 Contact Persons:

Executive Summary: The Fire Department is requesting that the City Council approve and authorize the City Manager to issue a purchase order to Municipal Emergency Services in an amount not to exceed $125,000 for the purchase of personal protective equipment (PPE) using a cooperative agreement with Sourcewell.

BACKGROUND: The Fire Department’s operations staff are each issued two sets of PPE, or structural turnouts, which are replaced after ten years or as needed due to wear and tear.

The Department has approximately 25 sets of structural turnouts due for replacement in FY 2024/25.

DISCUSSION/ANALYSIS: The City’s Purchasing Ordinance, Fremont Municipal Code Section 3.20.310(b), authorizes the City to dispense with competitive bidding and use the terms of another governmental contract (“piggyback”) to buy equipment or services. To qualify, the governmental contract must have resulted from procurement methods similar to those required by the City’s Purchasing Ordinance and the terms of the governmental contract must be consistent with the City’s contract terms.

Pursuant to a public solicitation in 2023, Sourcewell contracted with Municipal Emergency Services (MES) for the purchase of firefighting PPE. The solicitation method meets the requirements of the City’s Purchasing Ordinance and the terms of purchase in the recommended City contract with MES are materially the same as those of the MES contract with Sourcewell and conform with the City’s contracting terms. As specified in the Purchasing Ordinance, the Finance Director and the City Manager have approved the proposed use of the Sourcewell contract with MES.

Staff recommends that the City purchase the replacement turnouts using the terms of the Sourcewell contract with MES.

FISCAL IMPACT: The budget allocation for this purchase was included in the FY 2024/25 adopted budget for the Fire Capital Replacement Fund (Fund 615).

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Council Staff Report (ID # 5204) Meeting of July 9, 2024 Updated: 7/1/2024 3:56 PM by Dina Lewis Page 2
ENVIRONMENTAL REVIEW: The action is exempt from CEQA review, each as a separate and independent basis, per CEQA Guidelines sections 15378(b)(2) (administrative or maintenance activities that will not result in direct or indirect physical changes in the environment) and Section 15061(b)(3) (activities that cannot possibility have a significant effect on the environment, either directly or indirectly).

ATTACHMENTS: None.

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Fremont City Council Meeting: 07/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5198) DOC ID: 5198 A
Updated: 7/3/2024 12:38 PM by Dina Lewis A Page 1
SERVICE AGREEMENT FOR RECRUITMENT MARKETING AND ADVERTISING – Authorize the City Manager to Execute a Service Agreement with the Hoffman Agency in an amount not to exceed $150,000 for Fiscal Year 2024/25 Contact Persons:

Name: Tina Gallegos
Title: Human Resources Director
Div/Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]

Executive Summary: The purpose of this report is to seek authorization for the City Manager to execute a service agreement for recruitment marketing and advertising services for the City of Fremont’s Police Department with the Hoffman Agency through June 30, 2025, in an amount not to exceed $150,000 over the one-year term.

BACKGROUND: The City of Fremont’s Police Department is facing significant challenges in attracting and retaining Police Officers. These challenges have been compounded by the competitive job market and evolving expectations of Police Officers. In an effort to address these challenges, the Police Department requires strategic recruitment marketing and advertising services.

The Hoffman Agency is a leading agency with extensive experience in public sector recruitment marketing and has provided marketing and public relations for the City of Fremont in the past and is familiar with the organization and the Fremont Police Department’s recruitment process. Their expertise and proven track record with the City of Fremont position them the most suitable partner to support the Fremont Police Department in achieving its recruitment advertising/marketing goals of attracting a diverse and qualified candidate group.

DISCUSSION/ANALYSIS: Municipal Code section 3.20.320 creates an exception to competitive procurement requirements for instances when competitive procurement would not be useful or advantageous to the City. In 2023, the City completed a Request for Proposal (RFP) process for recruitment marketing and advertising services for the Police Department, and following the early termination of the resulting agreement, the City retained the Hoffman Group to provide these services. Considering the Hoffman Group’s current and in-depth knowledge of the City and Police Department and that the 2023 RFP process did not result in the City’s need for services in this area being met satisfactorily, the City has determined that a new competitive procurement at this time would not be useful or produce any advantageous results for the City. This procurement is thus being completed without competitive negotiation as authorized under Municipal Code section 3.20.320.

The City of Fremont executed a service agreement with the Hoffman Agency during FY 2023/24 to provide recruitment marketing and advertising services for the Police Department to help promote employment opportunities and position the City of Fremont as an employer of choice. To assist in the City’s continuing recruitment efforts, the City seeks

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Council Staff Report (ID # 5198) Meeting of July 9, 2024 Updated: 7/3/2024 12:38 PM by Dina Lewis A Page 2
to enter into a service agreement with the Hoffman Agency for FY 2024/25. The proposed service agreement with the Hoffman Agency will include components such as:

• Development of a targeted recruitment marketing strategy • Creation of engaging and appealing advertising materials • Utilization of a variety of advertising channels: digital, social media, print and broadcast
• Ongoing campaign management and optimization
• Regular reporting and performance analysis.

FISCAL IMPACT: The total agreement will not exceed $150,000 during Fiscal Year 2024/25. The City Council appropriated sufficient funding for this agreement as part of the Fiscal Year 2024/25 Adopted Operating Budget for the Human Resources Department.

ENVIRONMENTAL REVIEW: The proposed action is exempt from and not subject to review under the California Environment Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Sections 15378(b)(2) and 15378(b)(5), and it has no possibility of a significant effect on the environment, as specified in CEQA Guidelines Section 15061(b)(3), as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager (or designee) to execute an agreement with the Hoffman Agency through June 30, 2025, in an amount not to exceed $150,000.

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Fremont City Council Meeting: 07/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5200) DOC ID: 5200
Updated: 7/1/2024 4:04 PM by Dina Lewis Page 1

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

Name: Tina Gallegos
Title: Human Resources Director
Div/Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]

Executive Summary: As provided for by the City Manager’s employment contract, the City Council has requested that the City Manager receive a four percent salary adjustment equal to the percentage increase being provided to the Fremont Association of Management Employees.

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

Ms. Shackelford currently receives an annual salary of $406,963 and a bi-weekly salary of $15,652. If this recommended general wage increase is approved, Ms. Shackelford’s new annual salary will be $423,242 or $16,278 bi-weekly.

FISCAL IMPACT: The annual cost of the recommended four percent general wage increase will be $16,278 and will be absorbed by the General Fund.

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

ATTACHMENTS:
• Resolution.CM.Salary Increase.2024

RECOMMENDATION: Adopt attached Resolution and authorize the Mayor to execute the Fourth Amendment to the City Manager’s employment agreement which authorizes a four percent salary adjustment.

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING A FOURTH AMENDMENT TO THE EMPLOYMENT

AGREEMENT WITH THE CITY MANAGER

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

WHEREAS, the Employment Agreement was subsequently amended in prior fiscal years to provide the City Manager cost of living wage increases or merit increases as authorized in Section 3 of the Employment Agreement; and

WHEREAS, the City Council now desires to further amend the Employment Agreement to provide the City Manager a cost of living wage increase as authorized in Section 3 of the Employment Agreement, in the amount of four percent (4%), commensurate with the wage increase provided to management employees in FY 2024/2025, as set forth in the Memorandum of Understanding between the City and the Fremont Association of Management Employees.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fremont authorizes the Mayor to execute the Fourth Amendment to the Employment Agreement with Karena McGee Shackleford to provide a cost of living wage increase in the amount of four percent (4%), in a form to be approved by the City Attorney.

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.CM.Salary Increase.2024 (5200 : FOURTH AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT) Fremont City Council Meeting: 07/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5201) DOC ID: 5201
Updated: 7/1/2024 4:15 PM by Dina Lewis Page 1

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

Name: Tina Gallegos
Title: Human Resources Director
Div/Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]

Executive Summary: As provided for by the City Attorney’s employment contract, the City Council has requested that the City Attorney receive a four percent salary adjustment equal to the percentage increase being provided to the Fremont Association of Management Employees.

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

Mr. Alvarado currently receives an annual salary of $341,499 and a bi-weekly salary of $13,134. If this recommended general wage increase is approved, Mr. Alvarado’s new annual salary will be $355,159 or $13,659 bi-weekly.

FISCAL IMPACT: The annual cost of the recommended four percent salary adjustment will be $13,659, which will be absorbed primarily by the General Fund with smaller amounts being absorbed by the Integrated Waste Management Fund and the Risk Management Fund.

ATTACHMENTS:
• Resolution.CA.Salary Increase.2024

RECOMMENDATION: Adopt attached Resolution and authorize the Mayor to execute the Fourth Amendment to the City Attorney’s employment agreement which authorizes a four percent salary adjustment.

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING A FOURTH AMENDMENT TO THE EMPLOYMENT

AGREEMENT WITH THE CITY ATTORNEY

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

WHEREAS, the Employment Agreement was subsequently amended in prior fiscal years to provide the City Attorney cost of living wage increases or merit increases as authorized in Section 3 of the Employment Agreement; and

WHEREAS, the City Council now desires to further amend the Employment Agreement to provide the City Attorney a cost of living wage increase as authorized in Section 3 of the Employment Agreement, in the amount of four percent (4%), commensurate with the wage increase provided to management employees in FY 2024/2025, as set forth in the Memorandum of Understanding between the City and the Fremont Association of Management Employees.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fremont authorizes the Mayor to execute the Fourth Amendment to the Employment Agreement with Rafael E. Alvarado, Jr. to provide a cost of living wage increase in the amount of four percent (4%), in a form to be approved by the Senior Deputy City Attorney.

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 Senior Deputy City Attorney

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Attachment: Resolution.CA.Salary Increase.2024 (5201 : FOURTH AMENDMENT TO THE CITY ATTORNEY EMPLOYMENT AGREEMENT) Fremont City Council Meeting: 07/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Environmental Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5209) DOC ID: 5209
Updated: 7/1/2024 4:32 PM by Dina Lewis Page 1
TRANSFER STATION AGREEMENT AMENDMENT - Authorize Execution of Amendment Authorizing BLT Enterprises to Proceed with Design of Recycling Process Equipment Upgrades and Incorporate Enhanced Waste Diversion and Processing Services and Making Findings of CEQA Exemption Contact Persons:

Name: Kathleen Cote-Guarnieri Dan Schoenholz
Title: Environmental Services Manager Community Development Director Div/Dept: Environmental Services Community Development
Phone: 510-494-4583 510-494-4438
E-Mail: [email protected] [email protected]

Executive Summary: On February 17, 2023 the City Council authorized staff to negotiate a merged restated agreement with BLT Enterprises to consolidate the Curbside Processing and the Solid Waste Transfer agreements into a single document, align the contract terms for the two agreements, update language to reflect current regulatory and market conditions, upgrade the recycling processing equipment, and incorporate enhanced waste processing and diversion services. The process of merging the contracts, each with six amendments, is taking longer than initially anticipated and will not be concluded until mid to late fall.

Due to the substantial lead time required to design and order the new recycling processing equipment, staff recommends the City authorize BLT to proceed with the recycling equipment engineering drawings as soon as possible. It would also be beneficial for the City to implement the proposed service enhancements sooner rather than later while the parties continue work on merging the agreements. To accomplish this, staff recommends the City Council authorize the City Manager to execute this Seventh Amendment to the Agreement between the City of Fremont and BLT Enterprises for Recyclables Diversion and Transfer Services (Solid Waste Transfer Agreement). The terms of the proposed amendment are consistent with City Council’s previous direction and will be reflected in the merged agreement to be considered by the City Council later this year.

The cost of these enhanced services was considered in the 2024-2025 solid waste collection rates approved by the City Council as well as the Integrated Waste Management FY 2024/25 budget. No additional budget appropriation is required and there is no General Fund impact.

BACKGROUND: The City contracts with BLT Enterprises for curbside processing and solid waste transfer services conducted at the Fremont Recycling and Transfer Station. These services are provided under two separate agreements: the Curbside Processing Agreement expiring May 31, 2026, and the Solid Waste Transfer Agreement expiring June 30, 2037.

On February 17, 2023, the City Council authorized staff to negotiate an amended and restated agreement with BLT Enterprises to upgrade the processing equipment, extend and align the contract term of curbside processing to match the term for transfer services and combine the two contracts into a single restated agreement. This authorization also included

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consolidation and transfer of commercial food waste, and additional processing of construction and demolition debris for improved waste diversion.

Since the restated merged agreement will not be ready until mid to late fall, staff is recommending executing this Seventh Amendment to the Solid Waste Transfer Agreement to proceed with several urgent items.

DISCUSSION/ANALYSIS: This Seventh Amendment would include the components listed below and be reflected in the merged agreement presented to the City Council later this year. These revisions are consistent with previous City Council authorization.

1) Authorization to proceed with curbside equipment design – effective upon contract execution

The amendment would provide BLT with the authorization to proceed with curbside equipment design drawings at an estimated cost of approximately $1.4 million. These costs have been included in the extension of curbside agreement term and continuation of the existing compensation structure proposed as part of the merged restated agreement. If the merged restated agreement is executed, there would be no additional cost to the City. In the unlikely event that the parties do not reach agreement on a merged restated agreement, BLT would be entitled to reimbursement for the curbside equipment design costs incurred. Staff would return to the City Council with a proposed settlement consistent with the current extraordinary review provisions contained in the Solid Waste Transfer Agreement.

2) Transfer of Commercial Food Waste – effective October 1, 2024

The amendment includes the consolidation and transfer of commercial food waste through the Fremont Recycling and Transfer Station. Currently Republic Services direct hauls this material to the Newby Island Composting Facility. This change is expected to provide the City additional flexibility to address contamination issues, improve the diversion of commercial food waste, and enhance the City’s ability to comply with State organic waste diversion requirements. Staff is proposing compensating BLT Enterprises $51.34 per ton for commercial food waste transferred and adjusting this compensation as part of the biennial rate adjustment process. The current Commercial Food Waste Bypass Fee of $33.70 would cease, effective September 30, 2024.

3) Additional Processing of Construction and Demolition Waste – effective January 1 Due to facility site constraints, BLT Enterprises has limited ability to process and recycle construction and demolition (C&D) material on site. In response to the City’s interest in reducing the volume of C&D material landfilled, BLT Enterprises has piloted a program using an agreement with Zanker Road Resource Management to process and divert C&D material delivered from the transfer station. This arrangement has been beneficial for meeting the City’s waste diversion goals and the proposed amendment would provide compensation to BLT in addition to the MSW (municipal solid waste) tip fee, to fund the additional transportation and handling of this material for up to 5,500 tons per year.

Staff is recommending compensating BLT for the transportation and processing of material during the pilot phase of January – July 2024 at $49.13 per ton. This rate would increase to $50.23 in August 2024 due to a prevailing wage adjustment for the transfer

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Council Staff Report (ID # 5209) Meeting of July 9, 2024 Updated: 7/1/2024 4:32 PM by Dina Lewis Page 3
drivers. This rate would be adjusted as part of biennial rate setting consistent with the methodology used for setting the MSW tip fee.

4) HHW Administrative Fee – effective July 1, 2024

The Solid Waste Transfer Agreement includes a monthly administrative fee for operating the Household Hazardous Waste (HHW) drop off facility which has been a fixed amount since HHW services began in June 2007. The amendment would increase the HHW administrative fee from $3,500 to $5,507 per month based upon CPI index changes from June 2007 – June 2023 and adjust the administrative fee biennially consistent with other CPI adjusting components of the rates. The anticipated adjustment was included in City’s HHW drop off facility funding agreement with StopWaste, recently approved by the City Council.

5) Clarification on Material Processing and Diversion Fees included in self-haul rates – effective January 1, 2024

The amendment would clarify that the self-haul rates include the following material processing and diversion fees which are remitted to the City through a monthly administrative process: demolition debris $10.54/ton, minimum charge debris $3.87/ton, and all other self-haul $8.45/ton. This is a clarification of existing 2024-2025 rates rather than a change in rates.

6) Hosting of Annual Compost Giveaway Event

There has been a long-standing practice of the Fremont Recycling and Transfer Station hosting the City’s annual Compost Giveaway on a spring Sunday date mutually agreed upon by the parties. The City is proposing to confirm this arrangement in the Facility Operation section of the agreement.

FISCAL IMPACT: The existing solid waste collection rate structure and Integrate Waste Management budget will be adequate to fund the proposed costs. There is no General Fund impact as any costs associated with these services are funded by rate payer fees.

ENVIRONMENTAL REVIEW: Authorizing an amendment to the Solid Waste Transfer Agreement as described this staff report is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

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Fremont City Council Meeting: 07/09/24 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Public Projects

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5194) DOC ID: 5194 A
Updated: 7/3/2024 3:13 PM by Dina Lewis A Page 1
CENTRAL PARK COMMUNITY CENTER PROJECT - Receive Presentation on Status of the Central Park Community Center Project (PWC9087); Approve an Initial Construction Phase Based on Currently Secured Funding; and Make Findings of CEQA Exemption
Contact Persons:

Name: Kim Beranek Hans Larsen
Title: Community Services Director Public Works Director Div/Dept: Community Services Public Works
Phone: 510-494-4330 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate continued progress in the development of a new community center complex at Fremont’s Central Park. Using currently secured funding in the amount of $35.5 million, a Phase 1 project is recommended to construct a new Community Center building that replaces the functionality of the permanently closed Fremont Community Center and deteriorating Teen Center buildings.

Additional funding is needed to construct a proposed Event Hall, Gymnasium, and Outdoor Amphitheatre. It is anticipated that Phase 1 construction will begin in 2025 and be completed in 2027.

BACKGROUND: In March 2022, the City Council adopted a new Parks and Recreation Master Plan. A high priority identified, based on extensive public outreach, was the need to modernize and expand facilities for recreation and community activities. As originally envisioned, the Central Park Community Center (CPCC) project would include an exercise/fitness studio, classrooms for art, recreation and education programs, a banquet hall for larger indoor events and celebrations, a full-service kitchen, outdoor plaza spaces, and improvements to access and parking. The CPCC will be a signature building with views of Lake Elizabeth, Mission Peak and the surrounding hills. The proposed project is located adjacent to the Fremont Main Library, at the corner of Stevenson Boulevard and Paseo Padre Parkway. The CPCC will replace two existing buildings in Central Park, the permanently closed Fremont Community Center and deteriorating Teen Center.

On July 18, 2023, the City Council approved a professional services agreement with Group 4 Architecture Research + Planning (Group 4) to complete the project planning, community outreach, environmental clearance, and final design phases of the project. The planning and community outreach activities are now complete. The proposed scope of the “build -out” improvements for the CPCC is represented in the attached three exhibits: Conceptual Site Plan (Exhibit A), Conceptual Building Plan (Exhibit B), Conceptual Building Architecture (Exhibit C).

It is noted that many new features beyond what was initially envisioned for the project in 2023 have arisen for consideration over the course of planning and outreach. The “original scope” included fitness and enrichment rooms, a 320-seat event hall, and a gymnasium.

New or enhanced features now include a larger event hall (with room to accommodate

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indoor seated dining for 400 people, plus 200 seats outdoors), an outdoor living room, outdoor amphitheater, and expanded parking.

A future action to approve a long-range master plan for the new community center complex and related improvements to Central Park will be scheduled for consideration by the Recreation Commission and City Council, after environmental clearance studies are completed. This is planned to occur in Fall 2024.

Summary of Community Outreach
During the time-period from late February through April 2024, an extensive level of outreach was conducted with the community that reached 2,600 participants. Input opportunities were provided through MyFremont (on-line) and at these in-person locations/events/meetings: Main Library Kiosk, Age Well Center, Youth Commission, STEAM Event, Central Park Intercept Survey, Earth Day Kiosk, Community Meeting, and Recreation Commission. Input from the community included the following priorities and preferences:
• Support for programs and activities related to health and fitness, community gatherings, and arts and crafts.
• Preferred site amenities included: markets and fairs, walking paths, and social spaces. • Preferred architectural and design character was strongly oriented towards a reflection of nature, blending spaces between indoor/outdoor, fitting into the park context, being timeless and enduring, and use of natural/earthy materials like wood and stone.

Recreation Commission Review and Recommendation
The Recreation Commission has been actively engaged in the development of the CPCC Project. Four meetings with the Commission were held on: February 21, March 6, April 17, and June 5, 2024. On June 5th, the Recreation Commission received a presentation on the project scope, cost estimate and status, and they took the following actions for consideration by the City Council:
• By unanimous vote (5-0), confirmed the Concept Master Plan reflects the needs of the community for the new community/recreation center in size and scope, including a Community Center Building, Event Hall, Gymnasium Building, and Outdoor Community Spaces, and recommended the City Council approve the proposed concept plans shown on Exhibits A, B, and C. (Formal approval of the Concept Master Plan will be considered once environmental clearance documentation is completed; proposed for Fall 2024) • Provided general input to the City Council on scope options for the project that includes:
“high support” for the community center having an Enhanced Event Hall (with indoor- seated dining capacity for 400 people, plus additional capacity on Event Terrace); “high support” for seeking funding to include Green Energy Elements (includes solar panels, electric vehicle charging, and back-up battery power units) with the Phase 1 project; “medium support” for an Indoor Lobby Café; “low support” for Downsizing the Community Center Building by 10%; and
• By a unanimous vote (5-0), recommended the City Council determine that the project concept planning actions are exempt from CEQA review.

DISCUSSION/ANALYSIS: The desired plan for the community center complex has a higher cost than what can be implemented with the funding currently secured for the project. The funding currently available for the project is $35.5 million from the following sources: City General Fund ($21 million); City Park CIP ($5 million); State grants ($9 million); and a federal grant ($0.5 million). An additional federal grant is currently being

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Council Staff Report (ID # 5194) Meeting of July 9, 2024 Updated: 7/3/2024 3:13 PM by Dina Lewis A Page 3
pursued in the amount of $3 million. Accordingly, the project is recommended for implementation in several phases as discussed below.

Phase 1 – Project Development; Community Center and Outdoor Living Room Construction
Cost: $33 million, fully funded. Cost is based on construction bidding in 2025.

Source of Funds: State ($9 million), Federal ($0.5 million), City General Fund ($20.5 million), Park CIP ($3 million)
Scope: Provides planning, public outreach, and environmental clearance for the “full build” project (all three phases). Completes final design for Phase 1 and Phase 2. Constructs 11,800 square foot Community Center building with a flexible fitness and dance room; flexible program rooms for arts, crafts, enrichment and STEM learning; exterior patios for expanding programs to outdoors; and a community meeting room. Includes furnishings, fixtures, equipment and public art in the Community Center. Constructs site work involving demolition of the Teen Center, grading, and providing site utility services (power, water, and sewer). Upgrades the existing Teen Center parking lot from 125 to 225 spaces, provides a landscaped circular entryway, and creates new access to Paseo Padre Parkway.

Installs patios, furnishings, and shade features to create an Outdoor Living Room supporting outside social and relaxation spaces in the area between the Community Center and the future Gymnasium. Food, beverage and snack services for the Community Center lobby and Outdoor Living Room will be accommodated with provisions for a mobile coffee/snack cart and food trucks with electrical power hook-ups (including a fixed café and kitchenette within the Community Center Lobby is not considered to be cost effective).

Phase 2 – Event Hall and Event Terrace/Lawn Construction Cost: $14 million, partially funded ($2.5 million). Cost is based on construction bidding in 2025.

Source of Funds: City General Fund ($0.5 million), Park CIP ($2 million) Scope: Expands the Community Center building by 9,400 square feet providing a large event space supporting an indoor seated table capacity for 400 people. Constructs an outdoor terrace and canopy for an added table-seating capacity of 200 persons; and includes an adjoining ceremonial lawn area. The Event Hall can be flexibly partitioned into three spaces to accommodate multiple smaller events or recreation activities. Installs a commercial kitchen to support events up to 600 people and can be used for cooking classes.

Provides furnishings, fixtures, and equipment for the Event Hall, terrace and kitchen.

Phase 3 – Gymnasium and Outdoor Amphitheatre Construction Cost: To be determined, unfunded. Cost is dependent on year of construction bidding.

Scope: Provides a 13,500 square foot building with flexible use for basketball, volleyball, badminton and pickle ball. Constructs a new outdoor amphitheater in the area between the Main Library and the new Community Center. Includes expansion of the parking lot from 225 to 295 spaces to accommodate increased use of the community center area.

It is noted that the overall project scope includes implementation of green energy elements including solar panels, electric vehicle charging, and back-up battery power systems having an estimated value of $3.3 million. These features are proposed to be funded from other sources through grants and/or in partnership with Ava Community Energy. The project will be designed in accordance with Fremont’s sustainability policies adopted as part of “Climate Ready Fremont.”

6.A
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Council Staff Report (ID # 5194) Meeting of July 9, 2024 Updated: 7/3/2024 3:13 PM by Dina Lewis A Page 4
FISCAL IMPACT: The recommended action identifies a Phase 1 project scope for the CPCC project that can be delivered with the currently available funding amount of $35.5 million.

A proposed Phase 2 project scope has an estimated cost of $14 million and an available funding source of $2.5 million (leaving an $11.5 million shortfall, based on 2025 construction costs). Efforts to seek additional funding for the project are being pursued through grants and private contributions.

ENVIRONMENTAL REVIEW: The recommended actions are not a project within the meaning of California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3) and 15378(b), as it can be seen with certainty that there is no possibility that approval of planning actions will result in an effect on the physical environment. Appropriate environmental review will be prepared for the Project during the design phase and is planned for consideration by the Recreation Commission and City Council in Fall 2024.

ATTACHMENTS:
• Exhibit A - Conceptual Site Plan
• Exhibit B - Conceptual Building Plan
• Exhibit C - Architectural Design Concept

RECOMMENDATION: Approval of the following actions related to the Central Park Community Center Project (PWC9087):

1. Receive presentation on project status.

2. Approve an initial construction phase based on currently secured funding.

6.A
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Exhibit A – Conceptual Site Plan Central Park Community Center Project - June 2024

6.A.a
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Attachment: Exhibit A - Conceptual Site Plan (5194 : CENTRAL PARK COMMUNITY CENTER PROJECT) Exhibit B – Conceptual Building Plan Central Park Community Center Project - June 2024

6.A.b
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Attachment: Exhibit B - Conceptual Building Plan (5194 : CENTRAL PARK COMMUNITY CENTER Exhibit C – Architectural Design Concept Central Park Community Center Project - June 2024

6.A.c
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Attachment: Exhibit C - Architectural Design Concept (5194 : CENTRAL PARK COMMUNITY CENTER

Fremont City CouncilJuly 9, 2024

Fremont City Council
July 9, 2024