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Agenda packet, first session

Fremont City Council
July 16, 2024

Document
Agenda packet, first session
Meeting
July 16, 2024
Body
Fremont City Council
Pages
2
Original file
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Text extracted from the city's file for reading and search. Open the original on fremontcityca.iqm2.com. That file is the official record.

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Yang Shao, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Jenny Kassan, District 3
Raj Salwan, District 5
Teresa Cox, District 6

City Staff

Karena Shackelford, City Manager
Rafael Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
Allen DeMers, Deputy City Manager

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 16, 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 16, 2024

July 16, 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 16, 2024 City Council meeting online via Zoom https://us06web.zoom.us/j/81409456660
Meeting ID: 814 0945 6660

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 16, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
July 16, 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. SELECTION OF THE VICE MAYOR - Selection of the Vice Mayor for the Period Covering July 2024 through March 2025
Contact Persons:

Name: Susan Gauthier Allen DeMers
Title: City Clerk Deputy City Manager
Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-494-4651
E-Mail: [email protected] [email protected]

RECOMMENDATION: By motion, appoint Councilmember Desrie Campbell as the Vice Mayor for the period covering July 2024 through March 2025.

D. DELEGATION OF AUTHORITY TO CITY MANAGER DURING COUNCIL RECESS - Adopt a Resolution Delegating Authority to City Manager during City Council Recess, July 17, 2024 through September 2, 2024 Contact Persons:

Name: Susan Gauthier Allen DeMers
Title: City Clerk Deputy City Manager
Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-494-4651
E-Mail: [email protected] [email protected]

July 16, 2024 Fremont City Council Page 4

RECOMMENDATION: Adopt a resolution authorizing the City Manager or designee to take the following actions, as necessary, during the City Council recess period:

1. A. Authorize the City Manager or designee to execute a Master Service Agreement with Consultant 1 (not yet selected) for on-call utility location consultant services, in the amount not to exceed $1,250,000 for a five-year period
B. Authorize the City Manager or designee to execute a Master Service Agreement with Consultant 2 (not yet selected) for on-call utility location consultant services, in the amount not to exceed $1,250,000 for a five-year period.

2. Authorize the City Manager or designee to approve the Plans and Specifications, and accept the bid, award and execute the construction contract (including a 10% contingency) with the lowest responsive and responsible bidder. Lowest responsive and responsible bidder is TBD.

3. Authorize the City Manager or her designee to execute an agreement with Oracle America, Inc., for the annual software support and maintenance of the databases, PeopleSoft HR/Payroll system, and User Productivity Kit for one year and execute any implementing documents and take any necessary implementing actions in an amount not to exceed $385,281.68.

4. Authorize the City Manager or her designee to issue a purchase order to CentralSquare Technologies, LLC., in the amount of $298,707.31, to execute implementing documents for the annual software support and maintenance of the Tiburon CAD/RMS software system for one year.

5. Authorize the City Manager or her designee to issue purchase orders in the amount not to exceed $607,413 for Computer Equipment and Related Peripherals and Services to Participate in the Minnesota NASPO ValuePoint Master Agreement number 23026, State of California Participating Addendum number 7-23-70-55-01, with Dell Marketing L.P., and execute any implementing documents and take any necessary implementing actions, including the option to extend up to 36 months, upon agreement by both parties.

6. Authorize the City Manager or her designee to execute an agreement and issue purchase orders in the amount not to exceed $250,000 for Computer Equipment and Related Peripherals and Services to Participate in the Minnesota NASPO ValuePoint Master Agreement number 23015, with Microsoft Corporation and execute any implementing documents and take any necessary implementing actions, including the option to extend up to 36 months, upon agreement by both parties.

7. Authorize the City Manager or designee to participate in the National Cooperative Purchasing Alliance (NCPA) Master Agreement 01-164 with DLT Solutions, LLC//TD SYNNEX Public Sector, a division of TD SYNNEX Corporation, and issue purchase orders for Amazon Web Services (AWS) GovCloud storage in an amount not exceeding $168,000 annually, execute any implementing documents, and take any necessary implementing actions, including the option to extend up to 36 months, upon agreement by both parties.

8. Authorize the City Manager or her designee to execute an agreement with Environmental Systems Research Institute, Inc., for the annual software support and maintenance of the ESRI Small Government Enterprise July 16, 2024 Fremont City Council Page 5
Agreement Annual Subscription, execute any implementing documents, and take any necessary implementing actions, in an amount not to exceed $525,300 for a 3-Year term.

9. Authorize the City Manager or her designee to issue a purchase order to Saitech, Inc., for $120,742.10, for the purchase of Cisco Catalyst 9500 network switches awarded via BID 24-028, execute any implementing documents, and take any necessary implementing actions.

10. Authorize the City Manager or her designee to execute an agreement with Partner Vantage Point LLC (PartnerVP) and Halo Service Solutions Ltd, for the implementation and annual software support and maintenance of HaloITSM Solution, execute any implementing documents, and take any necessary implementing actions, in an amount not to exceed $533,368 for a 5-year term.

11. Authorize the City Manager or designee to approve the plans and specifications for the Booster Neighborhood Park Playground Upgrades and Replacement Project; and accept the bid, award a construction contract with the lowest responsive and responsible bidder. Lowest responsive and responsible bidder is TBD.

12. Authorize the City Manager or designee to enter into an agreement with Tri- City Volunteers, in an amount not to exceed $143,270, effective July 1, 2024, through June 30, 2025.

13. Authorize the City Manager or designee to enter into an agreement with Abode Services, in an amount not to exceed $162,806, effective July 1,2024, through June 30, 2025.

14. Authorize the City Manager or designee to enter into an agreement with Health Care Services Agency, in an amount not to exceed $199,245, effective July 1, 2024, through June 30, 2025.

15. Authorize the City Manager or designee to enter into a Task Order with Fremont Unified School District in an amount not to exceed $48,000 for Youth and Family Services Division to provide School-Based Mental Health Counseling; Why Try Cognitive Behavioral Groups as an Alternative to Suspension Program for At-Promise (At-Risk Youth); Substance Use Disorder Treatment Services for Adolescents at Robertson and Kennedy High Schools; and the Family Resource Center Division to provide Family Support Services (Case Management) for the 2024-2025 school year (August 14, 2024 through May 30, 2025).

16. Authorize the City Manager or designee to execute an amendment to the Master Contract with Alameda County Behavioral Health Care Services to provide outpatient substance use disorder treatment services to adolescents and transitional age youth/young adults. The term of the Amendment shall be from July 1, 2024 through June 30, 2027.

17. A. Authorize the City Manager or designee to execute a task order to the existing Joint Powers Agreement with the City of Newark for the provision of FY 2024/25 case management services in the amount of $5,000.

B. Authorize the City Manager or designee to execute a task order to the existing Joint Powers Agreement with the City of Newark for the provision of FY 2024/25 paratransit services in an amount not to exceed $310,500.

July 16, 2024 Fremont City Council Page 6

18. Authorize the City Manager or designee to Execute a Memorandum of Understanding with the Alameda County Health for Fremont Human Services FY 2020/21 Medi-Cal Administrative Activities.

19. Authorize the City Manager or designee to Execute an agreement with BACS for Fremont Homeless Wellness Center Services for FY 2024/25 and up to two additional years for a total of 3 service years.

20. Authorize the City Manager or designee to execute a service agreement with Zero Foodprint for the Compost Connector service in an amount not to exceed $200,000.

21. Authorize the City Manager or designee to execute a service agreement with Agromin for SB 1383 compost broker services in an amount not to exceed $200,000.

E. GENERAL OBLIGATION BONDS TAX RATE FOR FY 2024/25 - Adopt a Resolution Setting the Annual Tax Rate for Voter-Approved General Obligation Bonds Debt Service for Fiscal Year 2024/25 and Authorizing the County of Alameda to Collect and Enforce the Levy on Behalf of the City Contact Persons:

Name: Joe Fan David Persselin
Title: Management Analyst II Finance Director
Dept: Finance Department Finance Department
Phone: (510) 494-4637 510-494-4631
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution to (1) establish the Fire Safety Project General Obligation Bonds tax rate of $0.0034 per $100 of assessed valuation (0.0034%) for Fiscal Year 2024/25, and (2) request and authorize the County of Alameda to levy a tax on all taxable properties in the City as a voter-approved levy with respect to the Fire Safety Project General Obligation Bonds.

F. POLICE BUILDING AIR CONDITIONING SYSTEM REPLACEMENT PROJECT - Approval of Plans and Specifications; Award of Contract to Environmental Systems, Inc. (ESI) in the Amount of $1,752,600 (Including 15% Contingency) for the Police Department Chillers Replacement Project (PWC9097); Make Findings of CEQA Exemption
Contact Persons:

Name: Adrian Simoes Hans Larsen
Title: Facilities Design & Constr.

Project Supervisor
Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4769 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the Fremont Police Department Chillers Replacement Project (PWC9097):

1. Approve Plans and Specifications for the project.

2. Accept the Bid and award the construction contract to the lowest responsive and responsible bidder, Environmental Systems, Inc., in the amount of $1,524,000 and allocate a 15% contingency in the amount of $228,600 for a total construction contract amount of $1,752,600 and authorize the City Manager or designee to execute the contract.

3. Find the project is exempt from environmental review pursuant to CEQA Guidelines Section 15301(d) (restoration of deteriorated mechanical equipment).

July 16, 2024 Fremont City Council Page 7
G. SHORT TERM RENTAL – HOST COMPLIANCE MONITORING SERVICES - Authorize the City Manager or her designee to enter into a service agreement with Deckard Technologies, Inc. to provide short term rental host compliance monitoring services for a term ending June 30, 2029, in an amount not-to-exceed $138,700.

Contact Persons:

Name: David Wage David Persselin
Title: Code Enforcement
Manager/Senior Planner
Finance Director
Dept: Code Enforcement Finance Department
Phone: 510-494-4447 510-494-4631
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or her designee to enter into a service agreement with Deckard Technologies, Inc. to provide host compliance monitoring services for a term ending June 30, 2029, in an amount not-to-exceed $138,700.

H. PURCHASE OF FLEET VEHICLES - Approval of Purchase Orders through Cooperative Agreements with The Ford Store San Leandro for the Purchase of Ford Fleet Vehicles in an Amount Not to Exceed $2,305,000 and with National Auto Fleet Group for the Purchase of Various Make Vehicles in an Amount Not to Exceed $321,000; Make Findings of CEQA Exemptions Contact Persons:

Name: Monica Mathiesen Kelly King
Title: Management Analyst II Deputy Director of Maint. & Business Operations
Dept: Maintenance Operations Public Works
Phone: 510-979-5702 510-979-5753
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute a purchase order with The Ford Store San Leandro for the purchase of Ford vehicles in an amount not to exceed $2,305,000.

2. Authorize the City Manager or designee to execute a purchase order with National Auto Fleet Group for the purchase of various make vehicles in an amount not to exceed $321,000.

3. Find the proposed purchase is not a project as defined by Public Resources Code Section 21065 and of the California Environmental Quality Act (CEQA), and, alternatively, the action is exempt from CEQA under Section 15061 (b) (3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, and Section 15378 (b), as an organizational, administrative, policy and fiscal activity that will not result in direct or indirect physical change in the environment.

I. ON-CALL WATER WELL MAINTENANCE SERVICES - Authorize the City Manager or Designee to Execute an On-Call Maintenance Service Agreement With Pitcher Services, LLC., In an Amount Not to Exceed $750,000.

Contact Persons:

Name: Juan Barajas Kelly King
Title: Parks Superintendent Deputy Director of Maint. & Business Operations
Dept: Maintenance Operations Public Works
Phone: 510-979-5780 510-979-5753
E-Mail: [email protected] [email protected]
July 16, 2024 Fremont City Council Page 8

RECOMMENDATION: Authorize the City Manager or her designee to execute a service agreement with Pitcher Services, LLC., for on-call water well maintenance services in an amount not to exceed $150,000 per year for the initial three-year term, with the option to extend the agreement for up to two additional one-year terms in an amount not to exceed $150,000 per year, for a total not-to-exceed amount of $750,000.

J. CIVIL DESIGN AND PROJECT MANAGEMENT CONSULTING SERVICES - Approval of Agreements for On-Call Civil Design & Project Management Consulting Services in the Amount of $1,250,000 per Agreement with BKF Engineers, Consor North America, Inc., and Mark Thomas & Company, Inc.; Make Findings of CEQA Exemption
Contact Persons:

Name: Jason Liu Hans Larsen
Title: Associate Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4793 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or her designee to execute master service agreements with the following consultants:

1. BKF Engineers for On-Call Civil Design & Project Management Consultant Services for a total not-to-exceed amount of $1,250,000 for five years.

2. Consor North America, Inc. for On-Call Civil Design & Project Management Consultant Services for a total not-to-exceed compensation of $1,250,000 for five years.

3. Mark Thomas & Company, Inc. for On-Call Civil Design & Project Management Consultant Services for a total not-to-exceed compensation of $1,250,000 for five years.

4. Find that the actions are exempt from environmental review, each 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).

K. AMENDMENT NO. 1 TO PARTNERS IN COMMUNICATION SERVICE AGREEMENT NO. 19-0248. Authorize City Manager or her designee to execute Amendment No. 1 to the Service Agreement with Partners in Communication LLC to increase the not to exceed amount to $130,000 and extend contract term through August 31, 2024.

Contact Persons:

Name: Michael Sa Kim Beranek
Title: Recreation Superintendent II Community Services Director Dept: Community Services Community Services
Phone: 510-494-4372 510-494-4330
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or her designee to execute Amendment No. 1 to Service Agreement 19-0248 with Partners in Communication LLC to increase the not-to-exceed compensation amount to $130,000 and extend the agreement through August 31, 2024.

July 16, 2024 Fremont City Council Page 9
L. LEASE AGREEMENT – FAMILY RESOURCE CENTER - Authorize the City Manager to Execute a Four-Year Lease Agreement with the State of California for a Total of 8,051 Square Feet of Office and Common Area Space for the Employment Development Department Located at the Family Resource Center
Contact Persons:

Name: Ian Champeny Suzanne Shenfil
Title: Real Property Agent Director
Dept: Public Works Human Services Department
Phone: 510-494-4759 510-574-2051
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or her designee to execute a four-year lease agreement as described in this staff report with the State Department of General Services for a total of 8,051 square feet of office and common area space at the Fremont Family Resource Center for use by the State’s Employment Development Department office.

M. MTC GRANT FOR FREMONT BOULEVARD COMPLETE STREET PROJECTS - Accept $4,098,000 in Grant Funds From the Metropolitan Transportation Commission’s (MTC) Housing Incentive Pool (HIP) Program; Adopt Resolution of Local Support and the Allocation of Funds to Planned Complete Street Projects Along Fremont Boulevard in the Centerville and Downtown Areas; Adopt Resolution of Compliance with State Housing Laws; Appropriation Actions; and Make Findings of CEQA Exemption.

Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Principal Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the proposed use of MTC/HIP grants:

1. Accept grant funds in the amount of $4,098,000 and appropriate the funds to PWC9117-522 (Fremont Boulevard Multimodal Corridor Program).

2. Adopt a resolution of local support authorizing the City Manager or designee to execute grant funding agreements and prepare any other documents required to implement said agreements with MTC.

3. Adopt a resolution of compliance with State housing laws including surplus lands, accessory dwelling units, density bonuses and housing elements.

4. Appropriate OBAG2 grant funds in the amount of $6,510,000 to PWC8946-522 (Centerville Complete Streets).

5. Find that the actions are exempt 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).

July 16, 2024 Fremont City Council Page 10
N. AGREEMENT WITH THE COUNTY OF ALAMEDA FOR THE COLLECTION OF TAXES AND ASSESSMENTS FOR FISCAL YEAR 2024/25 - Adopt a Resolution Authorizing the City Attorney to Execute a Proposition 218 Certification and Indemnification Agreement with the County of Alameda for the Collection of Taxes and Assessments for Fiscal Year 2024/25 Contact Persons:

Name: Rocio Fierro Rafael Alvarado
Title: Senior Deputy City Attorney II City Attorney
Dept: City Attorney's Office City Attorney's Office
Phone: 510-284-4033 510-284-4030
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution authorizing the City Attorney to execute a Proposition 218 Certification and Indemnification Agreement with the County of Alameda for the Collection of Taxes and Assessments for Fiscal Year 2024/25.

3. Ceremonial Items
A. Resolution: Honoring Detective Michael Gebhardt for Twenty Years of Service

4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items
A. MASTER FEE SCHEDULE AMENDMENT FOR CONCEALED CARRY WEAPON LICENSE - Public Hearing (Published Notice) to Adopt a Resolution Amending the Master Fee Schedule to Update the Concealed Carry Weapon License Fee
Contact Persons:

Name: Diane Brasil
Title: Management Analyst
Dept: Police Department
Phone: 510-790-6816
E-Mail: [email protected]

RECOMMENDATION:

1. Hold a public hearing.

2. Find that amending the Master Fee Schedule is exempt from environmental review under the California Environmental Quality Act (CEQA), per CEQA Guidelines section 15378, as the action is an administrative fiscal activity and per CEQA Guidelines section 15061(b)(3) as the amended charges are not a project that requires environmental review.

3. Adopt a resolution amending the Master Fee Schedule for Concealed Carry Weapon (CCW) licenses as outlined in the attached resolution.

July 16, 2024 Fremont City Council Page 11

6. Other Business - None.

7. Items Referred by Councilmembers
A. Councilmember Referrals

1. COUNCILMEMBER SALWAN REFERRAL: Naming Alameda County Main Library in Fremont after Former Mayor Gus Morrison and Sunrise Village or Another Notable Affordable Housing Project after Former Assembly Member and Councilmember John A. Dutra
Contact Persons:

Name: Raj Salwan
Title: Councilmember
Dept: City Council
Phone: 510-284-4082
E-Mail: [email protected]

RECOMMENDATION:

1. Direct staff to work with Alameda County Supervisors David Haubert and Elisa Marquez and other county and Library management officials to assess the feasibility of naming the Alameda County Main Library in Fremont after former Mayor Gus Morrison.

2. Direct staff to approach Abode Services to assess the feasibility of renaming either the Sunrise Village emergency shelter or another notable affordable housing project in Fremont after former Assembly Member and Councilmember John A. Dutra.

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

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
July 16, 2024 Fremont City Council Page 12

July 16, 2024 Fremont City Council Page 13

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 16, 2024 Fremont City Council Page 14

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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: 07/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5042) DOC ID: 5042
Updated: 7/11/2024 1:37 AM by Dina Lewis Page 1
SELECTION OF THE VICE MAYOR - Selection of the Vice Mayor for the Period Covering July 2024 through March 2025
Contact Persons:

Name: Susan Gauthier Allen DeMers
Title: City Clerk Deputy City Manager
Div/Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-494-4651
E-Mail: [email protected] [email protected]

Executive Summary: The following report is being presented to Council to appoint the Vice Mayor for the period covering July 2024 through March 2025.

BACKGROUND: Chapter 1, Section F (2) of the City Council Handbook of Rules and Procedures (Vice Mayor Selection and Duties) provides: “The Councilmember who received the highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the first eight months following the next general municipal election. The Councilmember who received the second highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the next eight months .

The Councilmember who received the third highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the next eight months.”

DISCUSSION/ANALYSYS: Per the order of selection of Vice Mayor described above, Councilmember Desrie Campbell is next in line for appointment as Vice Mayor for the period covering July 2024 through March 2025, as she received the second highest number of votes during the 2022 general municipal election.

FISCAL IMPACT: N/A

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS: None.

RECOMMENDATION: By motion, appoint Councilmember Desrie Campbell as the Vice Mayor for the period covering July 2024 through March 2025.

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Fremont City Council Meeting: 07/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5126) DOC ID: 5126 A
Updated: 7/12/2024 9:11 AM by Dina Lewis A Page 1

DELEGATION OF AUTHORITY TO CITY MANAGER DURING COUNCIL RECESS - Adopt a Resolution Delegating Authority to City Manager during City Council Recess, July 17, 2024 through September 2, 2024
Contact Persons:

Name: Susan Gauthier Allen DeMers
Title: City Clerk Deputy City Manager
Div/Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-494-4651
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to notify the City Council of administrative matters potentially requiring action during the Council recess between July 17, 2024 and September 2, 2024. The City Council is being asked to delegate authority to the City Manager or designee to approve contracts and other administrative matters required to be approved during the City Council’s scheduled recess. Actions taken during this period will be reported out to Council at the first Council meeting following the Council recess, which is scheduled for September 3, 2024.

BACKGROUND: Fremont Municipal Code Sections 2.10.080(p) and 3.20.070(b)(2) provide procedures by which the City Council may delegate authority to the City Manager to approve contracts and other administrative matters required to be approved during the City Council’s scheduled recess. This process occurs annually in advance of each year’s Council recess. The requested actions are considered to be routine but also time-sensitive and are generally necessary to ensure the timely delivery of services. A report of actions taken will be provided to the City Council the first scheduled meeting after the recess. The following items have been identified as potentially requiring action during the recess:

1. Title: Utility Location Consultant Services
Staff Contact: Jason Liu, Associate Civil Engineer, 510-494-4793 Name of Contracting Party: TBD (Two Consultants, not yet selected) Budgeted Amount: $1,250,000 each agreement
Fund/Account Code: All task order work issued and work performed by consultants under the on-call Master Service
Agreements will be funded by projects which require
utility location consultant services.

Recommended Action: A. Authorize the City Manager or designee to execute a Master Service Agreement with Consultant 1 for
on-call utility location consultant services, in the
amount not to exceed $1,250,000 for a five-year
period.

B. Authorize the City Manager or designee to execute
a Master Service Agreement with Consultant 2 for
on-call utility location consultant services, in the
amount not to exceed $1,250,000 for a five-year
period.

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Council Staff Report (ID # 5126) Meeting of July 16, 2024 Updated: 7/12/2024 9:11 AM by Dina Lewis A Page 2

2. Title: Centerville Soil Remediation Completion
Staff Contact: Jeanne Suyeishi, Principal Civil Engineer, 510-494-4728
Name of Contracting Party: TBD
Budgeted Amount: $300,000
Fund/Account Code: PWC8812, Fund 551
Recommended Action: Authorize the City Manager or designee to approve the Plans and Specifications, and accept the bid,
award and execute the construction contract
(including a 10% contingency) with the lowest
responsive and responsible bidder. Lowest
responsive and responsible bidder is TBD.

3. Title: Oracle Databases and PeopleSoft HR/Payroll System Annual Support Renewal
Staff Contact: Sanford Taylor, IT Services Director, 510-494-4802 Name of Contracting Party: Oracle America, Inc.

Budgeted Amount: $385,281.68
Fund/Account Code: 620.17020 ($169,871.48), 620.17021
($215,410.20)
Recommended Action: Authorize the City Manager or designee to execute an agreement with Oracle America, Inc., for the
annual software support and maintenance of the
databases, PeopleSoft HR/Payroll system, and User
Productivity Kit for one year and execute any
implementing documents and take any necessary
implementing actions in an amount not to exceed
$385,281.68.

4. Title: Tiburon CAD/RMS Software System Annual Software Support and Maintenance Renewal
Staff Contact: Sanford Taylor, IT Services Director, 510-494-4802 Name of Contracting Party: CentralSquare Technologies, LLC.

Budgeted Amount: $298,707.31
Fund/Account Code: 620.17021
Recommended Action: Authorize the City Manager or designee to issue a purchase order to CentralSquare Technologies, LLC.,
in the amount of $298,707.31, to execute
implementing documents for the annual software
support and maintenance of the Tiburon CAD/RMS
software system for one year.

5. Title: Approval of annual purchase order to participate in the Minnesota NASPO ValuePoint Master Agreement
number 23026, State of California Participating
Addendum number 7-23-70-55-01, with Dell
Marketing L.P. for the purchase of computer
equipment (desktops, laptops, tablets, servers, and
storage, including related peripherals & services).

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Staff Contact: Sanford Taylor, IT Services Director, 510-494-4802 Name of Contracting Party: Dell Marketing L.P.

Budgeted Amount: $700,000
Fund/Account Code: 625.93000
Recommended Action: Authorize the City Manager or designee to issue purchase orders in the amount not to exceed
$607,413 for Computer Equipment and Related
Peripherals and Services to Participate in the
Minnesota NASPO ValuePoint Master Agreement
number 23026, State of California Participating
Addendum number 7-23-70-55-01, with Dell
Marketing L.P., and execute any implementing
documents and take any necessary implementing
actions, including the option to extend up to 36
months, upon agreement by both parties.

6. Title: Approval of annual purchase order to participate in the Minnesota NASPO ValuePoint Master Agreement
number 23015, with Microsoft Corporation for the
purchase of computer equipment (desktops, laptops,
tablets, servers, and storage, including related
peripherals & services).

Staff Contact: Sanford Taylor, IT Services Director, 510-494-4802 Name of Contracting Party: Microsoft Corporation
Budgeted Amount: $150,000
Fund/Account Code: 625.93000
Recommended Action: Authorize the City Manager or designee to execute an agreement and issue purchase orders in the
amount not to exceed $250,000 for Computer
Equipment and Related Peripherals and Services to
Participate in the Minnesota NASPO ValuePoint
Master Agreement number 23015, with Microsoft
Corporation and execute any implementing
documents and take any necessary implementing
actions, including the option to extend up to 36
months, upon agreement by both parties.

7. Title: Approval to participate in the National Cooperative Purchasing Alliance (NCPA) Master Agreement 01-
164 with DLT Solutions, LLC//TD SYNNEX Public
Sector, a division of TD SYNNEX Corporation, and
issuance of annual purchase orders for Amazon Web
Service (AWS) GovCloud storage in an annual
amount not to exceed $168,000.

Staff Contact: Sanford Taylor, IT Services Director, 510-494-4802 Name of Contracting Party: DLT//TD SYNNEX Public Sector, a division of TD SYNNEX Corporation
Budgeted Amount: $168,000
Fund/Account Code: 620.17016

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Council Staff Report (ID # 5126) Meeting of July 16, 2024 Updated: 7/12/2024 9:11 AM by Dina Lewis A Page 4
Recommended Action: Authorize the City Manager or designee to participate in the National Cooperative Purchasing Alliance
(NCPA) Master Agreement 01-164 with DLT
Solutions, LLC//TD SYNNEX Public Sector, a division
of TD SYNNEX Corporation, and issue purchase
orders for Amazon Web Services (AWS) GovCloud
storage in an amount not exceeding $168,000
annually, execute any implementing documents, and
take any necessary implementing actions, including
the option to extend up to 36 months, upon
agreement by both parties.

8. Title: ESRI Small Government Enterprise Agreement
Annual Subscription Renewal
Staff Contact: Sanford Taylor, IT Services Director, 510-494-4802 Name of Contracting Party: Environmental Systems Research Institute, Inc.

Budgeted Amount: $525,300
Fund/Account Code: 620.17024
Recommended Action: Authorize the City Manager or designee to execute an agreement with Environmental Systems Research
Institute, Inc., for the annual software support and
maintenance of the ESRI Small Government
Enterprise Agreement Annual Subscription, execute
any implementing documents, and take any
necessary implementing actions, in an amount not to
exceed $525,300 for a 3-Year term.

9. Title: Purchase of Cisco Catalyst 9500 network switches Staff Contact: Sanford Taylor, IT Services Director, 510-494-4802 Name of Contracting Party: Saitech, Inc
Budgeted Amount: $120,742.10
Fund/Account Code: 625.93000
Recommended Action: Authorize the City Manager or designee to issue a purchase order to Saitech, Inc., for $120,742.10, for
the purchase of Cisco Catalyst 9500 network
switches awarded via BID 24-028, execute any
implementing documents, and take any necessary
implementing actions.

10. Title: HaloITSM - Helpdesk and Asset Management
Solution Implementation and Annual Software
Support and Maintenance
Staff Contact: Sanford Taylor, IT Services Director, 510-494-4802 Name of Contracting Party: Partner Vantage Point LLC (PartnerVP) and Halo Service Solutions Ltd
Budgeted Amount: $533,368
Fund/Account Code: 625.93000 ($125,680 for Implementation and Year 1 of annual software support and maintenance),
Funding for the annual software support and

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Council Staff Report (ID # 5126) Meeting of July 16, 2024 Updated: 7/12/2024 9:11 AM by Dina Lewis A Page 5
maintenance will be requested as part of the City’s
annual budget process ($407,688 for a 4-Year term).

Recommended Action: Authorize the City Manager or designee to execute an agreement with Partner Vantage Point LLC
(PartnerVP) and Halo Service Solutions Ltd, for the
implementation and annual software support and
maintenance of HaloITSM Solution, execute any
implementing documents, and take any necessary
implementing actions, in an amount not to exceed
$533,368 for a 5-year term.

11. Title: Booster Neighborhood Park Playground Upgrades and Replacement
Staff Contact: Connie Chao, Landscape Designer II, 510-494-4742 Name of Contracting Party: TBD
Budgeted Amount: $648,835
Fund/Account Code: PW9051-541
Recommended Action: Authorize the City Manager or designee to approve the plans and specifications for the Booster
Neighborhood Park Playground Upgrades and
Replacement Project; and accept the bid, award a
construction contract with the lowest responsive and
responsible bidder. Lowest responsive and
responsible bidder is TBD.

12. Title: Approval of Social Service Grant Agreement with Tri- City Volunteers
Staff Contact: Marisha Engineer, Management Analyst,
510-574-2087
Name of Contracting Party: Tri-City Volunteers
Budgeted Amount: $143,270
Fund/Account Code: 102.53140
Recommended Action: Authorize the City Manager or designee to enter into an agreement with Tri-City Volunteers, in an amount
not to exceed $143,270, effective July 1, 2024,
through June 30, 2025,

13. Title: Approval of Social Service Grant Agreement with Abode Services
Staff Contact: Marisha Engineer, Management Analyst,
510-574-2087
Name of Contracting Party: Abode Services
Budgeted Amount: $162,806
Fund/Account Code: 102.53140
Recommended Action: Authorize the City Manager or designee to enter into an agreement with Abode Services, in an amount not
to exceed $162,806, effective July 1,2024, through
June 30, 2025.

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14. Title: Approval of Health Care Services Agency Grant for Health Promotion
Staff Contact: Karen Grimsich, Administrator Human Services Department, 510-574-2062
Name of Contracting Party: Health Care Services
Budgeted Amount: $199,245
Fund/Account Code: 104.53310
Recommended Action: Authorize the City Manager or designee to enter into an agreement with Health Care Services Agency, in
an amount not to exceed $199,245, effective July 1,
2024, through June 30, 2025.

15. Title: FY 2024/25 Task Order with Fremont Unified School District
Staff Contact: Annie Bailey, Youth and Family Services Division Administrator, 510-574-2111
Name of Contracting Party Fremont Unified School District Budgeted Amount: $48,000
Fund/Account Code: 102.53410
Recommended Action: Authorize the City Manager or designee to enter into a Task Order with Fremont Unified School District in
an amount not to exceed $48,000 for Youth and
Family Services Division to provide School-Based
Mental Health Counseling; Why Try Cognitive
Behavioral Groups as an Alternative to Suspension
Program for At-Promise (At-Risk Youth); Substance
Use Disorder Treatment Services for Adolescents at
Robertson and Kennedy High Schools; and the
Family Resource Center Division to provide Family
Support Services (Case Management) for the 2024-
2025 school year (August 14, 2024 through
May 30, 2025).

16. Title: Adolescent and Young Adult Outpatient Substance Use Disorder Treatment Services Master Contract
Amendment
Staff Contact: Annie Bailey, Youth and Family Services
Administrator, 510-574-2111
Name of Contracting Party: Alameda County Behavioral Health Care Services Budgeted Amount: $516,881 (FY 2024/25). The amendment is for a multi-year term FY 2024/25 – FY 2026/27 and a not
to exceed amount $1,550,643. The amount for FY
2024/25 is included in the adopted budget. The
amounts for FY 2025/26 and 2026/27 will be
included in the proposed budgets for those years.

Fund/Account Code: 170.53430
Recommended Action: Authorize the City Manager or designee to execute an amendment to the Master Contract with Alameda
County Behavioral Health Care Services to provide
outpatient substance use disorder treatment services

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to adolescents and transitional age youth/young
adults. The term of the Amendment shall be from
July 1, 2024, through June 30, 2027.

17. Title: FY 2024/25 Task Orders with the City of Newark Staff Contact: Shawn Fong, Management Analyst II, 510-574-2033 Name of Contracting Party: City of Newark
Budgeted Amount: $315,500
Fund/Account Code: 176.53520 (Paratransit), 102.53210 (Case Management)
Recommended Action: 1. Authorize the City Manager or designee to execute a task order to the existing Joint Powers Agreement
with the City of Newark for the provision of FY
2024/25 case management services in the amount of
$5,000.

2. Authorize the City Manager or designee to execute
a task order to the existing Joint Powers Agreement
with the City of Newark for the provision of FY
2024/25 paratransit services in an amount not to
exceed $310,500.

18. Title: FY 2024/25 Memorandum of Understanding with
Alameda County Heath Regarding Medi-Cal
Reimbursement for Medi-Cal Administrative Activities
(MAA) Program
Staff Contact: Leticia Leyva, Management Analyst II, 510-574-2072 Name of Contracting Party: Alameda County Health
Budgeted Amount: $900,000
Fund/Account Code: 255.53960 (MAA)
Recommended Action: Authorize the City Manager or designee to Execute a Memorandum of Understanding with the Alameda
County Health for Fremont Human Services FY
2020/21 Medi-Cal Administrative Activities.

19. Title: Approval of FY 2024/25 Fremont Homeless Wellness Center Grant Agreement with Bay Area Community
Services
Staff Contact: Robert Lopez, CDBG Administrator, 510-574-2043 Name of Contracting Party: Bay Area Community Services (BACS) Budgeted Amount: $477,313
Fund/Account Code: 112.53022 (Homeless Housing Fund)
Recommended Action: Authorize the City Manager or designee to Execute an agreement with BACS for Fremont Homeless
Wellness Center Services for FY 2024/25 and up to
two additional years for a total of 3 service years.

20. Title: Compost Broker Services Agreement with Zero
Foodprint
Staff Contact: Allyn McAuley, Environmental Specialist II, 510-494-4576

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Name of Contracting Party: Zero Foodprint
Budgeted Amount: $200,000
Fund/Account Code: 190.41093 (State grant)
Recommended Action: Authorize the City Manager or designee to execute a service agreement with Zero Foodprint for the
Compost Connector service in an amount not to
exceed $200,000.

21. Title: Compost Broker Services Agreement with Agromin Staff Contact: Allyn McAuley, Environmental Specialist II, 510-494-4576
Name of Contracting Party: Agromin
Budgeted Amount: $200,000
Fund/Account Code: 190.41093 (State grant)
Recommended Action: Authorize the City Manager or designee to execute a service agreement with Agromin for SB 1383
compost broker services in an amount not to
exceed $200,000.

ATTACHMENTS:
• Draft Resolution- Delegation of Authority to City Manager during Council Recess

RECOMMENDATION: Adopt a resolution authorizing the City Manager or designee to take the following actions, as necessary, during the City Council recess period:

1. A. Authorize the City Manager or designee to execute a Master Service Agreement with Consultant 1 (not yet selected) for on-call utility location consultant services, in the amount not to exceed $1,250,000 for a five-year period B. Authorize the City Manager or designee to execute a Master Service Agreement with Consultant 2 (not yet selected) for on-call utility location consultant services, in the amount not to exceed $1,250,000 for a five-year period.

2. Authorize the City Manager or designee to approve the Plans and Specifications, and accept the bid, award and execute the construction contract (including a 10% contingency) with the lowest responsive and responsible bidder. Lowest responsive and responsible bidder is TBD.

3. Authorize the City Manager or her designee to execute an agreement with Oracle America, Inc., for the annual software support and maintenance of the databases, PeopleSoft HR/Payroll system, and User Productivity Kit for one year and execute any implementing documents and take any necessary implementing actions in an amount not to exceed $385,281.68.

4. Authorize the City Manager or her designee to issue a purchase order to CentralSquare Technologies, LLC., in the amount of $298,707.31, to execute implementing documents for the annual software support and maintenance of the Tiburon CAD/RMS software system for one year.

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5. Authorize the City Manager or her designee to issue purchase orders in the amount not to exceed $607,413 for Computer Equipment and Related Peripherals and Services to Participate in the Minnesota NASPO ValuePoint Master Agreement number 23026, State of California Participating Addendum number 7-23-70-55-01, with Dell Marketing L.P., and execute any implementing documents and take any necessary implementing actions, including the option to extend up to 36 months, upon agreement by both parties.

6. Authorize the City Manager or her designee to execute an agreement and issue purchase orders in the amount not to exceed $250,000 for Computer Equipment and Related Peripherals and Services to Participate in the Minnesota NASPO ValuePoint Master Agreement number 23015, with Microsoft Corporation and execute any implementing documents and take any necessary implementing actions, including the option to extend up to 36 months, upon agreement by both parties.

7. Authorize the City Manager or designee to participate in the National Cooperative Purchasing Alliance (NCPA) Master Agreement 01-164 with DLT Solutions, LLC//TD SYNNEX Public Sector, a division of TD SYNNEX Corporation, and issue purchase orders for Amazon Web Services (AWS) GovCloud storage in an amount not exceeding $168,000 annually, execute any implementing documents, and take any necessary implementing actions, including the option to extend up to 36 months, upon agreement by both parties.

8. Authorize the City Manager or her designee to execute an agreement with Environmental Systems Research Institute, Inc., for the annual software support and maintenance of the ESRI Small Government Enterprise Agreement Annual Subscription, execute any implementing documents, and take any necessary implementing actions, in an amount not to exceed $525,300 for a 3-Year term.

9. Authorize the City Manager or her designee to issue a purchase order to Saitech, Inc., for $120,742.10, for the purchase of Cisco Catalyst 9500 network switches awarded via BID 24-028, execute any implementing documents, and take any necessary implementing actions.

10. Authorize the City Manager or her designee to execute an agreement with Partner Vantage Point LLC (PartnerVP) and Halo Service Solutions Ltd, for the implementation and annual software support and maintenance of HaloITSM Solution, execute any implementing documents, and take any necessary implementing actions, in an amount not to exceed $533,368 for a 5-year term.

11. Authorize the City Manager or designee to approve the plans and specifications for the Booster Neighborhood Park Playground Upgrades and Replacement Project; and accept the bid, award a construction contract with the lowest responsive and responsible bidder. Lowest responsive and responsible bidder is TBD.

12. Authorize the City Manager or designee to enter into an agreement with Tri-City Volunteers, in an amount not to exceed $143,270, effective July 1, 2024, through June 30, 2025.

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13. Authorize the City Manager or designee to enter into an agreement with Abode Services, in an amount not to exceed $162,806, effective July 1,2024, through June 30, 2025.

14. Authorize the City Manager or designee to enter into an agreement with Health Care Services Agency, in an amount not to exceed $199,245, effective July 1, 2024, through June 30, 2025.

15. Authorize the City Manager or designee to enter into a Task Order with Fremont Unified School District in an amount not to exceed $48,000 for Youth and Family Services Division to provide School-Based Mental Health Counseling; Why Try Cognitive Behavioral Groups as an Alternative to Suspension Program for At-Promise (At-Risk Youth); Substance Use Disorder Treatment Services for Adolescents at Robertson and Kennedy High Schools; and the Family Resource Center Division to provide Family Support Services (Case Management) for the 2024-2025 school year (August 14, 2024 through May 30, 2025).

16. Authorize the City Manager or designee to execute an amendment to the Master Contract with Alameda County Behavioral Health Care Services to provide outpatient substance use disorder treatment services to adolescents and transitional age youth/young adults. The term of the Amendment shall be from July 1, 2024 through June 30, 2027.

17. A. Authorize the City Manager or designee to execute a task order to the existing Joint Powers Agreement with the City of Newark for the provision of FY 2024/25 case management services in the amount of $5,000.

B. Authorize the City Manager or designee to execute a task order to the existing Joint Powers Agreement with the City of Newark for the provision of FY 2024/25 paratransit services in an amount not to exceed $310,500.

18. Authorize the City Manager or designee to Execute a Memorandum of Understanding with the Alameda County Health for Fremont Human Services FY 2020/21 Medi-Cal Administrative Activities.

19. Authorize the City Manager or designee to Execute an agreement with BACS for Fremont Homeless Wellness Center Services for FY 2024/25 and up to two additional years for a total of 3 service years.

20. Authorize the City Manager or designee to execute a service agreement with Zero Foodprint for the Compost Connector service in an amount not to exceed $200,000.

21. Authorize the City Manager or designee to execute a service agreement with Agromin for SB 1383 compost broker services in an amount not to exceed $200,000.

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Resolution 2024-XX Page 1 of 4 RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT DELEGATING AUTHORITY TO THE CITY MANAGER OR

DESIGNEE TO AWARD CONTRACTS AND TO EXECUTE

AGREEMENTS ON BEHALF OF THE CITY OF FREMONT DURING

THE CITY COUNCIL'S ANNUAL SCHEDULED RECESS FROM
JULY 17, 2024 THROUGH SEPTEMBER 2, 2024

WHEREAS, Fremont Municipal Code Sections 2.10.080(p) and 3.20.070(b)(2) provide procedures by which the City Council may delegate authority to the City Manager to approve contracts and administrative matters otherwise within the authority of the City Council during the City Council’s scheduled recess; and

WHEREAS, City Council will be in recess from July 17, 2024 through September 2, 2024; and

WHEREAS, City staff is aware of specific actions that will be needed for ongoing projects and programs during the Council recess.

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

SECTION 1. The City Manager or designee is hereby authorized to consider, approve, and execute contracts and other administrative matters needed for the on-going operation of the City within existing budgetary appropriations during the City Council’s scheduled recess, including the following:

1. A. Authorize the City Manager or designee to execute a Master Service Agreement with Consultant 1 (not yet selected) for on-call utility location consultant services, in the amount not to exceed $1,250,000 for a five-year period.

B. Authorize the City Manager or designee to execute a Master Service Agreement with Consultant 2 (not yet selected) for on-call utility location consultant services, in the amount not to exceed $1,250,000 for a five-year period.

2. Authorize the City Manager or designee to approve the Plans and Specifications, and accept the bid, award and execute the construction contract (including a 10% contingency) with the lowest responsive and responsible bidder. Lowest responsive and responsible bidder is to be determined.

3. Authorize the City Manager or her designee to execute an agreement with Oracle America, Inc., for the annual software support and maintenance of the databases, PeopleSoft HR/Payroll system, and User Productivity Kit for one year and execute any implementing documents and take any necessary implementing actions in an amount not to exceed $385,281.68.

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Attachment: Draft Resolution- Delegation of Authority to City Manager during Council Recess (5126 : Delegation of Authority to City Manager

Resolution 2024-XX Page 2 of 4

4. Authorize the City Manager or her designee to issue a purchase order to CentralSquare Technologies, LLC., in the amount of $298,707.31, to execute implementing documents for the annual software support and maintenance of the Tiburon CAD/RMS software system for one year.

5. Authorize the City Manager or her designee to issue purchase orders in the amount not to exceed $607,413 for Computer Equipment and Related Peripherals and Services to Participate in the Minnesota NASPO ValuePoint Master Agreement number 23026, State of California Participating Addendum number 7-23-70-55-01, with Dell Marketing L.P., and execute any implementing documents and take any necessary implementing actions, including the option to extend up to 36 months, upon agreement by both parties.

6. Authorize the City Manager or her designee to execute an agreement and issue purchase orders in the amount not to exceed $250,000 for Computer Equipment and Related Peripherals and Services to Participate in the Minnesota NASPO ValuePoint Master Agreement number 23015, with Microsoft Corporation and execute any implementing documents and take any necessary implementing actions, including the option to extend up to 36 months, upon agreement by both parties.

7. Authorize the City Manager or designee to participate in the National Cooperative Purchasing Alliance (NCPA) Master Agreement 01-164 with DLT Solutions, LLC//TD SYNNEX Public Sector, a division of TD SYNNEX Corporation, and issue purchase orders for Amazon Web Services (AWS) GovCloud storage in an amount not exceeding $168,000 annually, execute any implementing documents, and take any necessary implementing actions, including the option to extend up to 36 months, upon agreement by both parties.

8. Authorize the City Manager or her designee to execute an agreement with Environmental Systems Research Institute, Inc., for the annual software support and maintenance of the ESRI Small Government Enterprise Agreement Annual Subscription, execute any implementing documents, and take any necessary implementing actions, in an amount not to exceed $525,300 for a 3-year term.

9. Authorize the City Manager or her designee to issue a purchase order to Saitech, Inc., for $120,742.10, for the purchase of Cisco Catalyst 9500 network switches awarded via BID 24-028, execute any implementing documents, and take any necessary implementing actions.

10. Authorize the City Manager or her designee to execute an agreement with Partner Vantage Point LLC (PartnerVP) and Halo Service Solutions Ltd, for the implementation and annual software support and maintenance of HaloITSM Solution, execute any implementing documents, and take any necessary implementing actions, in an amount not to exceed $533,368 for a 5-year term.

11. Authorize the City Manager or designee to approve the plans and specifications for the Booster Neighborhood Park Playground Upgrades and Replacement Project; and accept the bid, award a construction contract with the lowest responsive and responsible bidder.

Lowest responsive and responsible bidder is to be determined.

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Attachment: Draft Resolution- Delegation of Authority to City Manager during Council Recess (5126 : Delegation of Authority to City Manager

Resolution 2024-XX Page 3 of 4

12. Authorize the City Manager or designee to enter into an agreement with Tri-City Volunteers, in an amount not to exceed $143,270, effective July 1, 2024, through June 30, 2025.

13. Authorize the City Manager or designee to enter into an agreement with Abode Services, in an amount not to exceed $162,806, effective July 1,2024, through June 30, 2025.

14. Authorize the City Manager or designee to enter into an agreement with Health Care Services Agency, in an amount not to exceed $199,245, effective July 1, 2024, through June 30, 2025.

15. Authorize the City Manager or designee to enter into a Task Order with Fremont Unified School District in an amount not to exceed $48,000 for Youth and Family Services Division to provide School-Based Mental Health Counseling; Why Try Cognitive Behavioral Groups as an Alternative to Suspension Program for At-Promise (At-Risk Youth); Substance Use Disorder Treatment Services for Adolescents at Robertson and Kennedy High Schools; and the Family Resource Center Division to provide Family Support Services (Case Management) for the 2024-2025 school year (August 14, 2024 through May 30, 2025).

16. Authorize the City Manager or designee to execute an amendment to the Master Contract with Alameda County Behavioral Health Care Services to provide outpatient substance use disorder treatment services to adolescents and transitional age youth/young adults.

The term of the Amendment shall be from July 1, 2024 through June 30, 2027.

17. A. Authorize the City Manager or designee to execute a task order to the existing Joint Powers Agreement with the City of Newark for the provision of FY 2024/25 case management services in the amount of $5,000.

B. Authorize the City Manager or designee to execute a task order to the existing Joint Powers Agreement with the City of Newark for the provision of FY 2024/25 paratransit services in an amount not to exceed $310,500.

18. Authorize the City Manager or designee to execute a Memorandum of Understanding with the Alameda County Health for Fremont Human Services FY 2020/21 Medi-Cal Administrative Activities.

19. Authorize the City Manager or designee to Execute an agreement with BACS for Fremont Homeless Wellness Center Services for FY 2024/25 and up to two additional years for a total of 3 service years.

20. Authorize the City Manager or designee to execute a service agreement with Zero Foodprint for the Compost Connector service in an amount not to exceed $200,000.

21. Authorize the City Manager or designee to execute a service agreement with Agromin for SB 1383 compost broker services in an amount not to exceed $200,000.

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Attachment: Draft Resolution- Delegation of Authority to City Manager during Council Recess (5126 : Delegation of Authority to City Manager

Resolution 2024-XX Page 4 of 4 SECTION 2. The City Manager shall report to the City Council regarding the actions taken under this Resolution at the September 3, 2024 City Council Meeting.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor
ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:

________________________________
City Attorney

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Attachment: Draft Resolution- Delegation of Authority to City Manager during Council Recess (5126 : Delegation of Authority to City Manager Fremont City Council Meeting: 07/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5195) DOC ID: 5195
Updated: 7/12/2024 9:23 AM by Dina Lewis Page 1
GENERAL OBLIGATION BONDS TAX RATE FOR FY 2024/25 - Adopt a Resolution Setting the Annual Tax Rate for Voter-Approved General Obligation Bonds Debt Service for Fiscal Year 2024/25 and Authorizing the County of Alameda to Collect and Enforce the Levy on Behalf of the City
Contact Persons:

Name: Joe Fan David Persselin
Title: Management Analyst II Finance Director
Div/Dept: Finance Department Finance Department
Phone: (510) 494-4637 510-494-4631
E-Mail: [email protected] [email protected]

Executive Summary: In November 2002, Fremont voters approved Measure R, which authorized the City to issue $51,000,000 of general obligation bonds to fund fire station modernization and construction of other public safety projects. The City is obligated to annually levy ad valorem taxes upon all taxable properties within the City for the payment of the principal and interest for these bonds. This report recommends that the City Council adopt a resolution to establish the fiscal year 2024/25 tax rate at $0.0034 per $100 of assessed valuation (0.0034%) and request and authorize the County of Alameda to levy the tax at this rate on all taxable property within the City of Fremont.

BACKGROUND: At the City’s municipal general election held on November 5, 2002, voters approved Measure R authorizing the issuance of Fire Safety Project General Obligation Bonds in the not-to-exceed amount of $51,000,000 and an override property tax to pay debt service on the bonds. The California Constitution permits the voters to approve such taxes that override the general “1% of full cash value” limit on ad valorem property taxes to pay debt service on indebtedness used to acquire or improve real property. Measure R specified that the Fire Safety Project General Obligation Bonds proceeds be used to replace three older fire stations with new modern stations, to construct public safety training facilities, and to remodel and upgrade seven existing fire stations to current earthquake standards.

Three bond series totaling $51,000,000 have been issued: Series A for $10,000,000 on July 17, 2003, Series B for $25,000,000 on April 14, 2005, and Series C for $16,000,000 on February 11, 2009. The Series A, Series B, and Series C bond proceeds are now completely spent.

The Series A Bonds were subsequently refunded on May 10, 2012, resulting in a net present value savings of $923,368. The Series B Bonds were refunded on August 9, 2013, resulting in a net present value savings of $1,694,239. The Series C Bonds were refunded on August 23, 2017, resulting in a net present value savings of $3,023,539. The 2012 General Obligation Refunding Bonds and 2013 General Obligation Refunding Bonds were refunded on July 29, 2021, resulting in a net present value savings of $4,057,000. The savings will be passed along to the property owners through a decrease in the override tax levy needed to repay the bonds. Debt service payments on the bonds are due each year on February 1 and August 1.

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Council Staff Report (ID # 5195) Meeting of July 16, 2024 Updated: 7/12/2024 9:23 AM by Dina Lewis Page 2

The override tax levy applies to both secured and unsecured property and supplements the regular 1% property tax that pays for general city services. Each year, the Council sets the override tax rate to generate the taxes needed to service the bond principal and interest payments coming due in the next year, as well as the associated paying agent fees for The Bank of New York Mellon Trust Company, N.A., and the property tax administration fee paid to the County of Alameda.

DISCUSSION/ANALYSIS: The override tax rate on secured and utility property is calculated by spreading the net tax levy over the value of the secured and utility assessment roll and rounding up to four decimals. California Revenue and Taxation Code Section 2905 specifies that the tax rate on unsecured property is the prior year’s secured tax rate (0.0037%). An adjustment to the secured tax roll to account for anticipated delinquencies of 4.5% is based on the City’s recent historical experience.

The detailed tax rate calculations are summarized below.

Description Assessed Value Tax Rate Amount
Debt service due 2/1/2025 and 8/1/2025 $2,653,350
County administration fee 6,633
Paying agent fees 1,500
Gross tax levy 2,661,483

Residual prior year tax collections (234,179)
Unsecured tax roll $ 5,543,644,263 0.0037% (205,115)
Net tax levy 2,222,189

Adjusted secured and utility tax roll $66,686,754,966 0.0034% $2,267,350

FISCAL IMPACT: This action will result in the collection of approximately $2,267,350 in secured property tax revenue which, when combined with $234,179 of residual prior year tax collections and approximately $205,115 of unsecured property tax revenue, will be sufficient to pay debt service due on the Fire Safety Project General Obligation Bonds in February and August 2025, paying agent fees, and the County’s annual administration fee.

By adopting the proposed resolution, the City Council authorizes the County of Alameda to levy and collect the override tax in addition to the regular 1% ad valorem tax and any other voter-approved override taxes. The taxes for the Fire Safety Project General Obligation Bonds will be billed on the regular property tax bills sent to property owners.

For a single-family home with a net assessed value of $500,000 the tax levy for the Fire Safety Project General Obligation Bonds will be $17.00 for Fiscal Year 2024/25.

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 .

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Council Staff Report (ID # 5195) Meeting of July 16, 2024 Updated: 7/12/2024 9:23 AM by Dina Lewis Page 3
ATTACHMENTS:
• Resolution - FY 2024-25 GO Bond Tax Rate

RECOMMENDATION: Adopt a resolution to (1) establish the Fire Safety Project General Obligation Bonds tax rate of $0.0034 per $100 of assessed valuation (0.0034%) for Fiscal Year 2024/25, and (2) request and authorize the County of Alameda to levy a tax on all taxable properties in the City as a voter-approved levy with respect to the Fire Safety Project General Obligation Bonds.

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Page 1 of 2 ends

DRAFT

RESOLUTION NO. 20232024-XX

A RESOLUTIO N OF TH E CIT Y COUNCI L OF TH E CIT Y OF

FREMONT REQUESTING AND AUTHORIZING THE COUNTY OF

ALAMED A TO LEV Y A TA X ON AL L REA L AN D PERSONA L

PROPERT Y IN THE CITY OF FREMON T AS A VOTER APPROVE D

LEV Y WIT H RESPEC T TO TH E CI TY'S FIR E SAFET Y BON D MEASURE APPROVED BY THE VOTERS AT THE NOVEMBER 5, 2002

GENERAL MUNICIPAL ELECTION

WHEREAS, pursuant to California Government Code Section 43600 et seq.(the “Act”), the City of Fremont (the “City”) is empowered to issue general obligation bonds which are authorized by two-thirds of the electors voting on the proposition; and

WHEREAS, more than two-thirds of the electors voting at a general municipal election held in the City on November 5, 2002, voted for a proposition authorizing the issuance by the City of general obligation bonds in the aggregate principal amount of $51,000,000; and

WHEREAS, the City has issued the first series of general obligation bonds pursuant to such authorit y (the “Serie s A Bonds”), in an aggregat e principa l amoun t of $10,000,000, “designated as the City of Fremont (Alameda County, California) General Obligation Bonds, Election of 2002, Series A (Fire Safety Project)”; and

WHEREAS, the City has issued the second series of general obligation bonds pursuant to such authority (the “Series B Bonds”), in an aggregate principal amount of $25,000,000, ” designated as the City of Fremont (Alameda County, California) General Obligation Bonds, Election of 2002, Series B (Fire Safety Project)”; and

WHEREAS, the City has issued the third series of general obligation bonds pursuant to such authority (the “Series C Bonds”), in an aggregate principal amount of $16,000,000, designated as the “City of Fremont (Alameda County, California) General Obligation Bonds, Election of 2002, Series C (Fire Safety Project)”; and

WHEREAS, the City has refunded the Series A Bonds (the “2012 Refunding Bonds”) in an aggregate principal amount of $8,165,000, on May 10, 2012; and

WHEREAS, the City has refunded the Series B Bonds (the “2013 Refunding Bonds”) in an aggregate principal amount of $22,005,000 on August 9, 2013; and

WHEREAS, the City has refunded the Series C Bonds (the “2017 Refunding Bonds”) in an aggregate principal amount of $12,215,000 on August 23, 2017; and

WHEREAS, the City has refunded the 2012 Refunding Bonds and the 2013 Refunding Bonds (the “2021 Refunding Bonds”) in an aggregate principal amount of $16,205,000 on July

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Attachment: Resolution - FY 2024-25 GO Bond Tax Rate (5195 : General Obligation Bonds Tax Rate for FY 2024/25)

Page 2 of 2 ends

29, 2021.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT AS FOLLOWS:

SECTION 1. The County is requested and authorized to assume on behalf of the City the collection, payment and enforcement of a $0.003647 levy on each $100 of assessed valuation (0.003647%) in the City, which amount shall be in addition to present ad valorem property tax collections for the City.

SECTION 2. This Resolution shall take effect immediately upon its adoption by the City Council.

ADOPTED, , 20232024, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor
ATTEST:
________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
Sr. Deputy City Attorney II

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Attachment: Resolution - FY 2024-25 GO Bond Tax Rate (5195 : General Obligation Bonds Tax Rate for FY 2024/25) Fremont City Council Meeting: 07/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5212) DOC ID: 5212
Updated: 7/11/2024 2:00 AM by Dina Lewis Page 1

POLICE BUILDING AIR CONDITIONING SYSTEM REPLACEMENT PROJECT - Approval of Plans and Specifications; Award of Contract to Environmental Systems, Inc. (ESI) in the Amount of $1,752,600 (Including 15% Contingency) for the Police Department Chillers Replacement Project (PWC9097); Make Findings of CEQA Exemption
Contact Persons:

Name: Adrian Simoes Hans Larsen
Title: Facilities Design & Constr. Project
Supervisor
Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4769 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate replacing the electrical air conditioning system at the Police Administration Building. The existing system consists of two “chiller” units, is nearly 30 years old, and is due for replacement. Funding in the City’s Capital Improvement Program in the amount of $8 million has been allocated to replace aging Heating, Ventilation and Air Conditioning (HVAC) systems at various City buildings.

BACKGROUND: The Police Administration Building, located at 2000 Stevenson Blvd, is an approximately 71,000 square-feet, three-story building constructed in 1995. The building is used by police officers, dispatchers, support staff, and management staff. The existing air conditioning system has reached the end of its life cycle and needs to be replaced. The proposed new system will be more energy efficient and is estimated to provide a 7% reduction in electrical energy use compared to the current system. The proposed schedule for construction includes a long lead time to procure new chiller units, with the project completion expected by May 2025.

DISCUSSION/ANALYSIS: The Police Department Chillers Replacement project was recently advertised for construction bids, and two bids were received on June 18, 2024. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $1,275,000.

Bidder Bid Amount
Environmental Systems, Inc. $ 1,524,000
Mesa Energy Systems, Inc. $ 1,665,849

The low bidder, Environment Systems, Inc., is a responsive bidder and all documents are in order. The contractor is experienced in this type of work and has satisfactorily completed contracts of a similar nature with other nearby agencies.

Project Cost and Funding
Estimated Project Costs:

Design Consultant and Project Administration $ 59,040

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Council Staff Report (ID # 5212) Meeting of July 16, 2024 Updated: 7/11/2024 2:00 AM by Dina Lewis Page 2
Construction Contract - Low Bid 1,524,000
Construction Contingency (15%) 228,600
Project Contingency (10%) 152,400
Total Estimated Project Costs: $ 1,964,040

Source of Funding
PWC9097-501 - Capital Projects - General Fund (HVAC Systems Replacement)
$ 1,964,040

Total Funds Available: $ 1,964,040

Based on the contract amount and the project cost estimates, there are sufficient funds budgeted for this project.

FISCAL IMPACT: The estimated project cost of $1,964,040 will be funded from sources in the adopted Capital Improvement Program. The appropriation for the HVAC Systems Replacement project (PWC9097) has a total appropriation of $6 million, and $2 million planned in the Capital Improvement Program in FY 2025/26.

ENVIRONMENTAL REVIEW: This project is Categorically Exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15301(d) as restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the Fremont Police Department Chillers Replacement Project (PWC9097):

1. Approve Plans and Specifications for the project.

2. Accept the Bid and award the construction contract to the lowest responsive and responsible bidder, Environmental Systems, Inc., in the amount of $1,524,000 and allocate a 15% contingency in the amount of $228,600 for a total construction contract amount of $1,752,600 and authorize the City Manager or designee to execute the contract.

3. Find the project is exempt from environmental review pursuant to CEQA Guidelines Section 15301(d) (restoration of deteriorated mechanical equipment).

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Fremont City Council Meeting: 07/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Code Enforcement
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5199) DOC ID: 5199
Updated: 7/11/2024 2:11 AM by Dina Lewis Page 1
SHORT TERM RENTAL – HOST COMPLIANCE MONITORING SERVICES - Authorize the City Manager or her designee to enter into a service agreement with Deckard Technologies, Inc. to provide short term rental host compliance monitoring services for a term ending June 30, 2029, in an amount not-to-exceed $138,700.

Contact Persons:

Name: David Wage David Persselin
Title: Code Enforcement Manager/Senior
Planner
Finance Director
Div/Dept: Code Enforcement Finance Department
Phone: 510-494-4447 510-494-4631
E-Mail: [email protected] [email protected]

Executive Summary: On December 12, 2023, the City Council introduced an ordinance to add Chapter 5.100 Short Term Rentals (STR Ordinance) to the Fremont Municipal Code. As part of implementation of the STR Ordinance, staff proposes to contract with a host compliance monitoring company who will assist with outreach to existing short term rental operators, STR permitting, and monitoring of STR activity to assist with enforcement. To accomplish this task, staff issued a Request for Proposals (RFP) seeking a qualified service provider. Staff recommends the City Council approve and authorize the City Manager or her designee to execute a five-year service agreement with Deckard Technologies to provide host compliance monitoring services in an amount not to exceed $138,700 over the term of the agreement.

BACKGROUND: The ability to implement and enforce regulations is a key consideration for any STR Ordinance. Tracking and identifying STRs can be challenging as can enforcement of reported violations. The City’s Code Enforcement Division will enforce the ordinance through the issuance of notices of violations and citations or other enforcement actions enabled by the STR Ordinance. It can be difficult or impossible for City staff to collect the evidence required to effectively enforce a STR ordinance without additional tools and assistance.

Many communities outsource portions of the STR regulation compliance monitoring and enforcement to host compliance companies, which specialize in the field and use technology to minimize the implementation and compliance resources required. Host compliance companies can efficiently monitor STR activity, identify non-compliant listings and provide City staff with documentation or evidence of non-compliance if enforcement is necessary.

DISCUSSION/ANALYSIS: In October 2023, the City released a Request for Proposals (RFP) for Host Compliance Monitoring services. Three firms submitted proposals. All firms were determined qualified, but Deckard Technologies was the top scorer and made the short list for additional inquiry. After a presentation from Deckard Technologies representatives that included a product demonstration and opportunity for questions and answers, staff found Deckard Technologies met security requirements, had a well-defined strategy for and extensive experience with STR outreach, permitting, monitoring, and a user-friendly

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software system, and were the best qualified service provider. Staff checked Deckard Technologies’ references and received a uniformly positive response from other clients.

The following is a summary of services that would or could be provided as part of the contract with Deckard Technologies:

• Identify addresses of existing STR operators in the City; • Assist with public outreach to STR operators;
• Create a public portal for registering and renewing STR permits; • Create and maintain a private portal documenting STR activity for City staff to use ; • Provide staff with reports of documented STR Ordinance violations and evidence to support enforcement of non-compliant STR listings;
• 24/7 hotline for resident complaints (optional task); and • Transient Occupancy Tax (TOT) collection (optional task)

FISCAL IMPACT: Deckard Technologies’ service agreement would have a term ending June 30, 2029, and a not-to exceed amount of $138,700. The contract would be paid from the General Fund.

Staff is not proposing any new fees to obtain a STR permit at this time; however, staff intends to evaluate the program on an ongoing basis, including the costs associated with processing permits and administering the ordinance. Any future fees would require consideration and adoption by the City Council.

STRs are subject to the City’s TOT. The service contract includes an optional task of collecting TOT on the City’s behalf. Staff will evaluate if that function is best performed by Deckard Technologies or City Revenue Division staff.

ENVIRONMENTAL REVIEW: Environmental review is not required as the STR Ordinance and associated service agreement for host compliance monitoring services are not a project as described by California Environmental Quality Act (CEQA) Guideline Sections 15061(b)(3) and 15378(b). It can be seen with certainty that there is no possibility that authorization of this agreement will have a significant effect on the physical environment.

RECOMMENDATION: Authorize the City Manager or her designee to enter into a service agreement with Deckard Technologies, Inc. to provide host compliance monitoring services for a term ending June 30, 2029, in an amount not-to-exceed $138,700.

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Fremont City Council Meeting: 07/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance Operations
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5206) DOC ID: 5206
Updated: 7/11/2024 2:22 AM by Dina Lewis Page 1
PURCHASE OF FLEET VEHICLES - Approval of Purchase Orders through Cooperative Agreements with The Ford Store San Leandro for the Purchase of Ford Fleet Vehicles in an Amount Not to Exceed $2,305,000 and with National Auto Fleet Group for the Purchase of Various Make Vehicles in an Amount Not to Exceed $321,000; Make Findings of CEQA Exemptions
Contact Persons:

Name: Monica Mathiesen Kelly King
Title: Management Analyst II Deputy Director of Maint. & Business Operations
Div/Dept: Maintenance Operations Maintenance Operations Phone: 510-979-5702 510-979-5753
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to authorize the purchase of fleet vehicles and equipment to replace current aging vehicles and equipment that are due for replacement and unanticipated vehicle replacements due to collisions, mechanical failures, and future approved additions to the fleet.

BACKGROUND: There are 35 fleet vehicles that staff recommend for replacement because they have reached the end of their useful life and are incurring increased mechanical failures, downtime, and maintenance costs. These vehicles and equipment are scheduled for replacement and fund appropriations have been approved for Fiscal Year 2024/25. The 35 vehicles are used by various departments and will be replaced using Vehicle Replacement funds (Fund 610). In 2024, staff met with departments and determined the vehicle and equipment make and models that would best meet their operational needs for the 35 vehicles.

Staff compared the available vendor pricing and contract pricing from other public agencies and determined that the Alameda County Master Contract No. 901979 with The Ford Store San Leandro and the Sourcewell Contract No. 091521-NAF and Contract No. 060920-NAF with National Auto Fleet Group (NAFG) provides fair and competitive pricing for the 35 fleet vehicles being purchased and any unanticipated vehicle replacements.

DISCUSSION/ANALYSIS: Fremont Municipal Code, Chapter 3.20, authorizes the use of cooperative agreements, and the City has the opportunity to realize cost savings by purchasing vehicles through the Alameda County Master Contract No. 901979, Sourcewell Contract No. 091521-NAFV and Contract No.060920-NAF cooperative purchasing programs.

Alameda County is a California public agency and Sourcewell is a political subdivision of the State of Minnesota. Both are public agencies offering publicly solicited contracts to government entities nationwide. Alameda County and Sourcewell both use a public competitive solicitation and award process similar to that required by the City’s Purchasing Code. Finance and the City Manager’s Office have approved the use of these cooprative agreements, and staff recommends that Council authorize the City Manager or designee to execute a purchase order with The Ford Store San Leandro for the purchase of approximately 26 vehicles in an amount not to exceed $2,305,000 and with National Auto

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Council Staff Report (ID # 5206) Meeting of July 16, 2024 Updated: 7/11/2024 2:22 AM by Dina Lewis Page 2
Fleet Group for the purchase of approximately 3 vehicles in an amount not to exceed $321,000. The remaining 6 vehicles will be purchased through other sources and will not require Council approval.

VEHICLE/EQUIP
TYPE

VENDOR GOVERNMENT

PURCHASE

CONTRACT

COST FUNDING
SOURCE
26 VARIOUS

FORD VEHICLES

THE FORD
STORE

SAN LEANDRO

ALAMEDA COUNTY
CONTRACT NO.
901979
$2,305,000 FUND 610
2 VARIOUS

VEHICLES

NATIONAL AUTO

FLEET GROUP

SOURCEWELL
CONTRACT #
091521-NAF
$116,000 FUND 610
1 VARIOUS

VEHICLE

NATIONAL AUTO

FLEET GROUP

SOURCEWELL
CONTRACT #
060920-NAF
$205,000 FUND 610

Planned Electrification of Fleet Vehicles

It is noted that the City is currently planning to transition much of the City’s fleet to electric vehicles (EV) and is coordinating the installation of the EV charging infrastructure before the EVs arrive. New EVs are acquired to replace older vehicles to the degree that suitable vehicles are available on the market. In the coming year, EV models planned to be acquired include Ford Mach-E SUVs and Ford Lighting Trucks.

FISCAL IMPACT: The Council-approved FY 2024/25 Vehicle Replacement Fund (Fund 610) appropriation is $3,023,000 and provides sufficient funding for the purchase of the various fleet vehicles.

ENVIRONMENTAL REVIEW: The purchase of equipment is not a project as defined by the Public Resources Code Section 21065. Furthermore, the action is exempt from review under the California Environmental Quality Act, per CEQA Guidelines Section 15378 (b), as an organizational, administrative, policy, and fiscal activity that will not result in direct or indirect physical changes in the environment, and Section 15061 (b) (3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute a purchase order with The Ford Store San Leandro for the purchase of Ford vehicles in an amount not to exceed $2,305,000.

2. Authorize the City Manager or designee to execute a purchase order with National Auto Fleet Group for the purchase of various make vehicles in an amount not to exceed $321,000.

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Council Staff Report (ID # 5206) Meeting of July 16, 2024 Updated: 7/11/2024 2:22 AM by Dina Lewis Page 3

3. Find the proposed purchase is not a project as defined by Public Resources Code Section 21065 and of the California Environmental Quality Act (CEQA), and, alternatively, the action is exempt from CEQA under Section 15061 (b) (3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, and Section 15378 (b), as an organizational, administrative, policy and fiscal activity that will not result in direct or indirect physical change in the environment.

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Fremont City Council Meeting: 07/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance Operations
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5213) DOC ID: 5213
Updated: 7/11/2024 2:44 AM by Dina Lewis Page 1
ON-CALL WATER WELL MAINTENANCE SERVICES - Authorize the City Manager or Designee to Execute an On-Call Maintenance Service Agreement With Pitcher Services, LLC., In an Amount Not to Exceed $750,000.

Contact Persons:

Name: Juan Barajas Kelly King
Title: Parks Superintendent Deputy Director of Maint. & Business Operations
Div/Dept: Maintenance Operations Maintenance Operations Phone: 510-979-5780 510-979-5753
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate a service agreement for on-call water well services with Pitcher Services, LLC.

BACKGROUND: On-call maintenance service agreements are used for services that City staff do not have the expertise to perform in-house. Currently, the City has needed to rehabilitate existing irrigation system water wells and pump systems in City parks where there is a decrease in capacity, bacteriological problems, or other well production issues.

The work performed under the agreement will provide water well evaluations, maintenance, repairs, and design services for existing and new City wells, pumps, electric motor assemblies, and mechanical equipment on an as-needed basis.

DISCUSSION/ANALYSIS: On May 6, 2024, the City issued a Request for Proposals for On-Call Water Well Maintenance Services. The selected contractor will work under a three-year service agreement. At the end of the three-year term, the City may renew the agreement for two additional one-year terms.

Two proposals were received from the following companies: Maggiora Bros Drilling, and Pitcher Services, LLC. An evaluation panel comprised of City staff evaluated the proposals based on qualifications, feasibility, billing rates, responsiveness, and service agreement terms. Based on the evaluation results, staff recommended approval of the service agreement with Pitcher Services, LLC, to provide the services outlined in the RFP, as they have been identified as the most qualified bidder including presenting the lowest rates.

The service agreement would be awarded with a not-to-exceed amount of $150,000 per year for the initial three-year term. At the end of the three-year term, the City will have the option to extend the agreement for up to two additional one-year terms, with a Not-to-Exceed amount of $150,000 per year, for a total Not-to-Exceed amount of $750,000.

FISCAL IMPACT: All work performed by the contractor under the On-Call Service Agreement will be restricted to the funds appropriated and available for the specific project for which the work is required.

ENVIRONMENTAL REVIEW: The recommended action as a whole is exempt from the California Environmental Quality Act, without limitation, because it is not a project as

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defined by Pub. Res. Code Section 21065 and is further exempt from review under CEQA Guidelines Section 15378(b)(2),(4) and/or (5), and or 15061(b)(3), as an administrative, fiscal, and maintenance activity, which has no possibility directly or indirectly to cause a significant adverse effect on the physical environment. Improvements to existing public structures may be considered a project under CEQA and if so, would be subject to appropriate environmental review before approval of those individual projects, in conformance with CEQA.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager or her designee to execute a service agreement with Pitcher Services, LLC., for on-call water well maintenance services in an amount not to exceed $150,000 per year for the initial three-year term, with the option to extend the agreement for up to two additional one-year terms in an amount not to exceed $150,000 per year, for a total not-to-exceed amount of $750,000.

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Fremont City Council Meeting: 07/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5210) DOC ID: 5210
Updated: 7/11/2024 2:54 AM by Dina Lewis Page 1

CIVIL DESIGN AND PROJECT MANAGEMENT CONSULTING SERVICES - Approval of Agreements for On-Call Civil Design & Project Management Consulting Services in the Amount of $1,250,000 per Agreement with BKF Engineers, Consor North America, Inc., and Mark Thomas & Company, Inc.; Make Findings of CEQA Exemption
Contact Persons:

Name: Jason Liu Hans Larsen
Title: Associate Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4793 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the procurement of on-call civil design and project management consulting services as needed to support the timely development of projects funded through the City’s Capital Improvement Program (CIP).

BACKGROUND: On-call consultant service agreements are used for services requiring expertise that City staff does not have and/or to supplement City staff during periods of peak work demand. The work performed under these agreements will address Capital Improvement Program (CIP) projects, such as public works and parks projects, to be undertaken in the next five years. These agreements will allow the City to expediently develop project plans, specifications, cost estimates, and budgets without delay to project schedules.

DISCUSSION/ANALYSIS: In May 2024, the City solicited proposals for On-Call Civil Design and Project Management Consulting Services. The selected consultants will work under a five-year Master Service Agreement.

A total of ten proposals were received from the following consultant firms, listed alphabetically: BKF Engineers, Consor North America, Inc., CSG Consultants, HMH Engineers, Kimley-Horn and Associates, LCC Engineering & Surveying, Inc., Mark Thomas & Company, Inc., Sandis Civil Engineers Surveyors Planners, SNG & Associates, Inc., and Wilsey Ham.

An evaluation panel comprised of City staff evaluated the proposals based on the completeness of the proposal, project scope and understanding, overall and local experience to perform the required services, evaluation of assigned personnel and their experience, billing rates, and the consultant’s overall approach.

Based on the results of the evaluation, staff recommends that City Council award contracts for On-Call Civil Design and Project Management to three consulting firms; 1) BKF Engineers, 2) Consor North America, Inc., and 3) Mark Thomas & Company, Inc., in the not-to-exceed amount of $1,250,000 over a period of five years.

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FISCAL IMPACT: All task orders issued and work performed by consultants under the on- call Master Service Agreement, will be restricted to the funds appropriated and available for the specific project for which the work is required.

ENVIRONMENTAL REVIEW: Environmental review is not required because award of this agreement is 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 award of the contract will have a significant effect on the environment and the award is an administrative activity that will not result in an effect on the physical environment. The projects that the consultant will provide services for will be subject to appropriate environmental review.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager or her designee to execute master service agreements with the following consultants:

1. BKF Engineers for On-Call Civil Design & Project Management Consultant Services for a total not-to-exceed amount of $1,250,000 for five years.

2. Consor North America, Inc. for On-Call Civil Design & Project Management Consultant Services for a total not-to-exceed compensation of $1,250,000 for five years.

3. Mark Thomas & Company, Inc. for On-Call Civil Design & Project Management Consultant Services for a total not-to-exceed compensation of $1,250,000 for five years.

4. Find that the actions are exempt from environmental review, each 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).

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Fremont City Council Meeting: 07/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5211) DOC ID: 5211
Updated: 7/11/2024 3:04 AM by Dina Lewis Page 1
AMENDMENT NO. 1 TO PARTNERS IN COMMUNICATION SERVICE AGREEMENT NO. 19-0248. Authorize City Manager or her designee to execute Amendment No. 1 to the Service Agreement with Partners in Communication LLC to increase the not to exceed amount to $130,000 and extend contract term through August 31, 2024.

Contact Persons:

Name: Michael Sa Kim Beranek
Title: Recreation Superintendent II Community Services Director Div/Dept: Community Services Community Services
Phone: 510-494-4372 510-494-4330
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to request authority to amend the Service Agreement with Partners in Communication LLC to increase the not-to-exceed amount to $130,000 and extend the contract through August 31, 2024.

BACKGROUND: The Recreation Services Division of the Community Services Department offers a variety of activities, programs, and events for the community. Providing access to these programs and events to all is required under the Americans with Disabilities Act. This includes but is not limited to providing American Sign Language interpreters to participants who require and request that accommodation. In 2019, Recreation Services posted a Request for Proposals requesting companies to provide this service. Partners in Communication LLC was awarded as the service provider and entered into a 5-year agreement with the City to provide this service based on their proposal.

DISCUSSION/ANALYSIS: The current not to exceed amount for the current 5-year agreement is $90,000. When this agreement was executed, demand for American Sign Language interpretation was low, and $90,000 was anticipated to be sufficient to cover the demand at that time. However, over the last couple of years, demand for this service has increased resulting in the near exhaustion of the current not-to-exceed amount of $90,000.

Based on the increased demand and higher level of camp offerings during the summer season, staff recommends that the City Council authorize the City Manager or her designee to execute an amendment to the Service Agreement with Partners in Communication LLC to increase the total not-to-exceed compensation from $90,000 to $130,000 and extend the agreement through August 31, 2024. A new Request for Proposals has been posted to secure a new multi-year agreement upon expiration of the current Service Agreement.

FISCAL IMPACT: American Sign Language Interpretation services are offered and paid for through the Recreation Services Cost Center and there is no impact to the General Fund.

ENVIRONMENTAL REVIEW: The proposed action is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and it has no possibility of a significant effect on the environment, as specified in CEQA

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Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager or her designee to execute Amendment No. 1 to Service Agreement 19-0248 with Partners in Communication LLC to increase the not-to-exceed compensation amount to $130,000 and extend the agreement through August 31, 2024.

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Fremont City Council Meeting: 07/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5214) DOC ID: 5214
Updated: 7/11/2024 3:18 AM by Dina Lewis Page 1
LEASE AGREEMENT – FAMILY RESOURCE CENTER - Authorize the City Manager to Execute a Four-Year Lease Agreement with the State of California for a Total of 8,051 Square Feet of Office and Common Area Space for the Employment Development Department Located at the Family Resource Center Contact Persons:

Name: Ian Champeny Suzanne Shenfil
Title: Real Property Agent Director
Div/Dept: Public Works Human Services Department
Phone: 510-494-4759 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to recommend that the City Council authorize the City Manager to execute a four-year lease agreement renewal with the State of California for the State’s Employment Development Department to use a total of 8,051 square feet of office and common area located in the Family Resources Center at 39155 Liberty Street, Suites A-141 and B-200.

BACKGROUND: The Fremont Family Resource Center (FRC) is an important collaborative comprised of non-profit, city, county and state agencies that provide a variety of integrated services including employment, housing, childcare, health education and social support to the community. The City owns two buildings located at 39155 Liberty Street that house the FRC, portions of which are leased leases to, among other tenants, the State Employment Development Department (EDD).

EDD provides a wide range of services to California residents, including the following:
− Assisting California employers with their labor needs. − Helping California job seekers obtain employment.
− Administering the federally funded workforce investment programs for adults, dislocated workers, and youth.
− Assisting disadvantaged residents in becoming self-sufficient. − Helping unemployed and disabled workers through the administration of the unemployment insurance and state disability insurance programs.

EDD entered into an eight-year lease agreement with the City in 2013 and has been on a month-to-month lease since November 2021. The City and the California Department of General Services have been negotiating the terms of a new lease agreement.

DISCUSSION/ANALYSIS: EDD provides essential employment services to Fremont and other Alameda County residents and their continued tenancy at the FRC is highly desired.

The proposed new lease agreement with EDD is a four-year term at a rate of $20,695.55 per month. At 8,051 square feet, this results in a lease rate of $2.57 per square foot per month (rounded to the nearest cent). The lease agreement also provides for yearly adjustments based upon changes in the Consumer Price Index and contains other provisions relating to insurance, termination, repair and maintenance.

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FISCAL IMPACT: Revenues and expenses associated with this lease are incorporated in the FRC’s 30-year model and are consistent with the goal of keeping the FRC financially sustainable.

ENVIRONMENTAL REVIEW: The proposed lease agreement continues the use of the existing facility. The project is exempt from the California Environmental Quality Act (CEQA) per Guideline 15301 as a continuation of use of an existing facility that does not expand the types of uses.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager or her designee to execute a four-year lease agreement as described in this staff report with the State Department of General Services for a total of 8,051 square feet of office and common area space at the Fremont Family Resource Center for use by the State’s Employment Development Department office.

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Fremont City Council Meeting: 07/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5215) DOC ID: 5215
Updated: 7/11/2024 3:52 AM by Dina Lewis Page 1

MTC GRANT FOR FREMONT BOULEVARD COMPLETE STREET PROJECTS - Accept $4,098,000 in Grant Funds From the Metropolitan Transportation Commission’s (MTC) Housing Incentive Pool (HIP) Program; Adopt Resolution of Local Support and the Allocation of Funds to Planned Complete Street Projects Along Fremont Boulevard in the Centerville and Downtown Areas; Adopt Resolution of Compliance with State Housing Laws; Appropriation Actions; and Make Findings of CEQA Exemption.

Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Principal Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to accept transportation grant funds from the Metropolitan Transportation Commission (MTC), which are provided as a reward for implementing affordable housing projects. Council action is needed to identify the proposed use of the funds for projects consistent with MTC’s transportation plans. Funds are proposed to be used to support “complete street” projects already in design and located within MTC’s priority development areas along Fremont Boulevard in the Centerville and Downtown areas. Receipt of funds is conditioned upon the City’s compliance with State housing laws.

BACKGROUND: In October 2018, the MTC established the Housing Incentive Pool (HIP) program to fund transportation projects for cities that promote the production and preservation of affordable housing.

In March 2023, MTC awarded $71 million in HIP funds to the top 15 jurisdictions that issued certificates of occupancy for the greatest number of eligible housing (including both newly built units and those preserved as affordable) over the five calendar years of 2018 through 2022. Of the 15 cities receiving HIP funds, Fremont was ranked third and awarded $4,098,000. It is noted that the top five cities included 1) San Francisco, 2) Oakland, 3) Fremont, 4) San Jose, and 5) Richmond.

Projects that qualify for these funds must be eligible to receive federal funds, must be eligible for MTC’s One Bay Area Grant (OBAG2) program, must comply with MTC’s Complete Streets Policy, must comply with MTC’s Regional Project Delivery Policy including the adoption of a Resolution of Local Support for the proposed projects, and must comply with state housing laws related to Surplus Lands, Accessory Dwelling Units, Density Bonuses, and Housing Elements.

DISCUSSION/ANALYSIS: Based on the HIP grant funding requirements, staff proposes to submit Letters of Interest to have the funds used for already planned complete street improvement projects along Fremont Boulevard in the Centerville and Downtown areas as described below. Both projects are within MTC’s priority development areas and the project

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scopes are consistent with “multimodal complete street” plans approved as part of Plan Bay Area. Typical improvements include physically separated bikeways, enhancements for pedestrian safety, repair of damaged sidewalks and pavement, upgraded bus stops, and modernization of traffic signals.

Proposed Projects for HIP Funding

Fremont Boulevard from Alder
Avenue to Mattos Drive
(“Centerville Complete Streets”)
Currently in Final Design. City has accepted other grants for project design and construction from Alameda County Transportation Commission ($2M); State Affordable
Housing and Sustainable Communities ($2.8M); and
Federal One Bay Area Grant ($6.51M)
Fremont Boulevard from
Country Drive to Walnut Avenue
(“Downtown Area”)
Starting Final Design in Fall 2024. City has accepted
other grants for project design and construction from
Alameda County Transportation Commission ($1.1M);
and BART ($3M).

The Centerville Complete Streets project is planned to go out for construction bids in Summer 2024. The HIP grant funds are proposed to address any construction funding gap for this project. Any unused HIP funds would then be made available for the Fremont Boulevard “Downtown” project, which is planned to go out for construction bids in 2025.

It is noted that Caltrans has recently authorized federal One Bay Area Grant (OBAG2) funds in the amount of $6.51 million for construction and construction engineering for the Centerville Complete Streets project. Staff recommends appropriating these funds to the project as well.

For each of the projects, the City must execute grant funding agreements with MTC. It is recommended that the City Manager or her designee be authorized to execute the grant agreements.

FISCAL IMPACT: The recommended actions will allow the City to receive new grant funding from MTC’s HIP program in the amount of $4,098,000. An additional appropriation action is proposed to acknowledge a prior State OBAG2 grant award in the amount of $6,510,000 for the Centerville Complete Streets project.

ENVIRONMENTAL REVIEW: The recommended actions are exempt from the California Environmental Quality Act (CEQA) because they are an administrative fiscal activity and not projects pursuant to CEQA Guidelines section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment). Implementation of the projects using proposed grant funding will include preparation of environmental clearances in accordance with CEQA and National Environmental Protection Act (NEPA) guidelines.

ATTACHMENTS:
• Draft Reso Fremont HIP Local Support
• Draft Resolution HIP Housing Laws

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RECOMMENDATION: Approval of the following actions related to the proposed use of MTC/HIP grants:

1. Accept grant funds in the amount of $4,098,000 and appropriate the funds to PWC9117-522 (Fremont Boulevard Multimodal Corridor Program).

2. Adopt a resolution of local support authorizing the City Manager or designee to execute grant funding agreements and prepare any other documents required to implement said agreements with MTC.

3. Adopt a resolution of compliance with State housing laws including surplus lands, accessory dwelling units, density bonuses and housing elements.

4. Appropriate OBAG2 grant funds in the amount of $6,510,000 to PWC8946-522 (Centerville Complete Streets).

5. Find that the actions are exempt 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).

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Resolution 2024-XX Page 1 of 5
RESOLUTION NO. 2024-XX

A RESOLUTION OF LOCAL SUPPORT FROM THE CITY COUNCIL OF

THE CITY OF FREMONT AUTHORIZING THE FILING OF AN

APPLICATION FOR HOUSING INCENTIVE POOL (HIP) FUNDING

ASSIGNED TO METROPOLITAN TRANSPORTATION COMMISSION
(MTC) AND COMMITTING ANY NECESSARY MATCHING FUNDS AND
STATING ASSURANCE TO COMPLETE THE PROJECT _______

WHEREAS, City of Fremont (APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $4.098 million in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Carbon Reduction Program (CRP) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (collectively, the REGIONAL DISCRETIONARY FUNDING) for the Centerville Complete Streets Project and Fremont Boulevard Multimodal Improvements from Country Drive to Walnut Avenue (PROJECT) for the Housing Incentive Pool Program (herein referred to as PROGRAM); and

WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149), the Carbon Reduction Program (CRP) (23 U.S.C. § 175), and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and

WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and

WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and

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WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and

WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and

WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and

WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and • that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
• that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
• in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and

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• in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and

WHEREAS, APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and

WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and

WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its City Manager or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and

WHEREAS, MTC requires that a copy of this resolution be transmitted to MTC in conjunction with the filing of the application.

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

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding.

SECTION 3. The APPLICANT will provide any required matching funds.

SECTION 4. The APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING.

SECTION 5. The APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery

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Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC- funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT.

SECTION 6. The PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP.

SECTION 7. The APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application.

SECTION 8. The PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM.

SECTION 9. In the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised.

SECTION 10. In the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104.

SECTION 11. In the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA).

SECTION 12. APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects.

SECTION 13. APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT.

SECTION 14. There is no legal impediment to APPLICANT making applications for the funds.

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SECTION 15. There is no pending or threatened litigation that might in any way adversely affects the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT.

SECTION 16. APPLICANT authorizes its City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution.

SECTION 17. A copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application.

SECTION 18. The MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

ADOPTED_______________, 2024 by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT AFFIRMING COMPLIANCE WITH STATE HOUSING LAWS ______

WHEREAS, the San Francisco region has the highest housing costs in the United States; and

WHEREAS, the Bay Area produced less than 30% of the need for low- and moderate- income housing units from 2007-2014, and is on track to similarly underproduce low-income units during the 2015-2023 time period; and

WHEREAS, there are limited funding sources available to secure land for the construction of low- and moderate-income housing; and

WHEREAS, public lands can play a critical role in increasing the supply of land for affordable housing; and

WHEREAS, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) provide an important option to increase the availability and affordability of housing, especially in existing, lower density neighborhoods; and

WHEREAS, density bonuses are an effective tool to increase the financial feasibility of housing and incentivize the creation of affordable housing; and

WHEREAS, the Metropolitan Transportation Commission adopted Resolution No. 4505, outlining the programming policy and project selection criteria for the One Bay Area Grant Program (OBAG 3), including certain requirements to access these funds.

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

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City of Fremont agrees to comply with the terms of the Surplus Land Act (California Government Code § 54220 et seq.), as it exists now or may be amended in the future, including, but not limited to, Assembly Bill 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development.

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SECTION 3. The City of Fremont agrees to comply with state laws related to ADUs and JADUs, as they exist now or may be amended in the future, including, but not limited to California Government Code §§ 65852.150, 65852.2, 65852.22 et seq. and California Health & Safety Code § 17980.12.

SECTION 4. The City of Fremont agrees to comply with the state Density Bonus Law (California Government Code § 65915 et seq.), as it exists now or may be amended in the future.

SECTION 5. The City of Fremont warrants and represents that it is in compliance with the aforementioned state housing laws, and to the best of the City of Fremont’s knowledge, there are no claims, actions, suits, or proceedings pending, alleging violations of the state housing laws by the City of Fremont.

ADOPTED_______________, 2024 by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

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Attachment: Draft Resolution HIP Housing Laws (5215 : MTC GRANT FOR FREMONT BOULEVARD COMPLETE STREET PROJECTS) Fremont City Council Meeting: 07/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5216) DOC ID: 5216
Updated: 7/11/2024 3:59 AM by Dina Lewis Page 1

AGREEMENT WITH THE COUNTY OF ALAMEDA FOR THE COLLECTION OF TAXES AND ASSESSMENTS FOR FISCAL YEAR 2024/25 - Adopt a Resolution Authorizing the City Attorney to Execute a Proposition 218 Certification and Indemnification Agreement with the County of Alameda for the Collection of Taxes and Assessments for Fiscal Year 2024/25
Contact Persons:

Name: Rocio Fierro Rafael Alvarado
Title: Senior Deputy City Attorney II City Attorney
Div/Dept: City Attorney's Office City Attorney's Office Phone: 510-284-4033 510-284-4030
E-Mail: [email protected] [email protected]

Executive Summary: The County of Alameda collects certain assessments, fees and taxes (collectively, “Assessments”) on behalf of the City. In order for this to occur, each year the County requires the City to sign a Proposition 218 Certification and Indemnification Agreement. Staff recommends the City Council adopt a resolution authorizing the City Attorney to execute the Agreement.

BACKGROUND: Each fiscal year, the City and its consultants transmit to the County of Alameda, Office of Auditor-Controller, the Assessments to be placed on the secured property tax bill for collection by the County on behalf of the City. The City is responsible for determining the amount of each Assessment and for complying with the requirements of Proposition 218, which is codified in Articles XIIIC and XIIID of the California Constitution.

DISCUSSION/ANALYSIS: For fiscal year 2024/25, the City’s Assessments that will be included on the County’s property tax bill include community facilities district special taxes, the landscape maintenance district assessment, the clean water protection fee, the paramedic tax, and the Fire Safety General Obligation Bond special tax. In order for the County to collect these Assessments for the City, the County requires the City to sign a Certification and Indemnification Agreement, which certifies that the Assessments placed on the FY 202 4/25 secured property tax bill comply with Proposition 218. Under the Agreement the City agrees to indemnify the County in any legal action challenging the City's compliance with Proposition 218.

FISCAL IMPACT: There are no direct fiscal impacts to the City. Approval of the Certification and Indemnification Agreement will save City staff time and resources by allowing the County to collect taxes and assessments on behalf of the City.

ENVIRONMENTAL REVIEW: The action is not a project as defined by Pub. Res. Code Section 21065, and is exempt from CEQA review per: (1) CEQA Guidelines Section 15378(b)(2), as exempt continuing administrative, policy and procedure making, or maintenance activities; (2) CEQA Guidelines Section 15378(b)(4), as the creation of a government funding mechanism or other government fiscal activity that does not involve

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any commitment to any specific project which may result in a potentially significant physical impact on the environment; (3) CEQA Guidelines Section 15061(b)(3), which exempts projects when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

ATTACHMENTS:
• Draft Resolution Prop 218 Certification Indemnification Agreement FY 2024 -25 • Exhibit A to Draft Resolution- Prop 218 Certification Indemnification Agreement FY 2024- 25 RECOMMENDATION: Adopt a resolution authorizing the City Attorney to execute a Proposition 218 Certification and Indemnification Agreement with the County of Alameda for the Collection of Taxes and Assessments for Fiscal Year 2024/25.

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Resolution 2024-XX Page 1 of 2
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT AUTHORIZING THE CITY ATTORNEY TO EXECUTE A

CERTIFICATION AND INDEMNIFICATION AGREEMENT WITH

THE COUNTY OF ALAMEDA FOR THE COLLECTION OF TAXES
AND ASSESSMENTS FOR FISCAL YEAR 2024/25

WHEREAS, the County of Alameda (“County”), on behalf of the City of Fremont (“City”), collects various property assessments, fees and taxes (collectively referred to as “Assessments”) through the County’s Secured Property Tax Roll; and

WHEREAS, the City’s Assessments that will be placed on the County’s property tax bill for Fiscal Year 2024/25 will include the community facilities districts special taxes, the landscape maintenance district assessments, the clean water protection fee, the paramedic tax, and the Fire Safety General Obligation Bond special tax; and

WHEREAS, Proposition 218, codified in Articles XIIIC and XIIID of the State Constitution, requires the City to comply with requirements regarding Assessments used to finance public facilities and services; and

WHEREAS, in order for the County to collect the City’s Assessments, the County requires the City to sign a Certification and Indemnification Agreement each fiscal year and submit it to the Alameda County Auditor-Controller. A copy of the Agreement is attached to this Resolution as Exhibit A.

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

SECTION 1. The City Council directs the City Manager or designee to instruct respective City departments overseeing the assessment programs to provide letters to the City Attorney certifying compliance with Proposition 218 prior to execution of the Certification and Indemnification Agreement. The letters will be kept on file with the City Clerk as part of the County Agreement.

SECTION 2. The City Council authorizes the City Attorney to execute, on behalf of the City, the Certification and Indemnification Agreement with Alameda County for the collection of property assessments, fees and taxes for Fiscal Year 2024/25.

ADOPTED ____________, 2024, by the City Council of the City of Fremont by the following vote:

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AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution Prop 218 Certification Indemnification Agreement FY 2024-25 (5216 : Agreement with County of Alameda for the Proposition 218 Certification

The CITY OF FREMONT (hereafter referred to as public agency) he reby certifies that to the best of its knowledge, the taxes, assessments and fees placed on the 2024/2 5 Secured Property Tax bill by the public agency met the requirements of Proposition 218 that added Articles XIIIC and XIIID to the State Constitution.

Therefore, for those taxes, assessments and fees which are subj ect to Proposition 218 and which are challenged in any legal proceeding on the basis that the public agency has failed to comply with the requirements of Proposition 218; the public agency agrees to defend, indemnify and hold harmless the County of Alameda, its Board of Supervisors, its Auditor-Controller/Clerk-Recorder, its officers and employees.

The public agency will pay any final judgment imposed upon the County of Alameda as a result of any act or omission on the part of the public agency in failing to comply with the requirements of Proposition 218.

If a tax, assessment or fee is challenged under Proposition 218 and the net amount of the proceeds after deduction of the County’s compensation for collection are shared by both the public agency and the County of Alameda; then the parties hereby agree that their proportional share of any liability or judgment shall be equal to their proportional share of the net amount of the proceeds from the tax, assessment or fee.

The above terms are accepted by the public agency and I further certify that I am authorized to sign this agreement and bind the public agency to its terms.

CITY OF FREMONT

Dated:

By:
(Signature)

(Print Name)

(Print Title)

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Attachment: Exhibit A to Draft Resolution- Prop 218 Certification Indemnification Agreement FY 2024-25 (5216 : Agreement with County of Fremont City Council Meeting: 07/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Fees & Rates

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5220) DOC ID: 5220
Updated: 7/12/2024 11:37 AM by Dina Lewis Page 1

MASTER FEE SCHEDULE AMENDMENT FOR CONCEALED CARRY WEAPON LICENSE - Public Hearing (Published Notice) to Adopt a Resolution Amending the Master Fee Schedule to Update the Concealed Carry Weapon License Fee Contact Persons:

Name: Diane Brasil
Title: Management Analyst
Div/Dept: Police Department
Phone: 510-790-6816
E-Mail: [email protected]

Executive Summary: The Alameda County Sheriff, through an agreement with the police chiefs of the agencies in the county, was the sole issuing agency for Concealed Carry Weapons (CCW) licenses. In January 2024, the Alameda County Sheriff notified agencies within Alameda County they would no longer be processing CCW Licenses for areas that were not under county jurisdiction. As a result, the Fremont Police Department will be responsible for processing and issuing all CCW licenses for residents of the City of Fremont.

Consequently, staff is recommending an amendment to the current fee schedule to reflect the necessary increase in fees and make an addition (CCW license modification fee) to the fee schedule.

BACKGROUND: The California Penal Code authorizes the police chief of each municipality or the county sheriff to issue or renew a Concealed Carry Weapon (CCW) license to qualified individuals. Historically, the Alameda County Sheriff issued CCW licenses to citizens of Fremont. In January of 2024 the Alameda County Sheriff announced to local police agencies in the county that they would no longer process CCW applications for those applicants that resided in municipalities due to workload. As a result, the Fremont Police Department now has the responsibility of issuing CCW licenses and needs to update its processes and the fees for the CCW license.

DISCUSSION/ANALYSIS: The City's current CCW fee as listed on the Master Fee Schedule was adopted well over a decade ago and does not reflect new statutory requirements for the CCW licensing process, needed software technology, nor current hourly rates for employees. Below is a brief overview of the application process and the involvement of City of Fremont employees.

Application Process:

The proposed application process aligns with the statutory requirements in the Penal Code.

Application: Applicant submits a CCW license application through the Fremont Police website (via the Permitium software). The application is queued and accepted. It will be reviewed and assigned to a member of the Office of Professional Standards and Accountability. The application processing cost will make up part of the fee charged to the applicant by the Police Department.

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Live Scan: The applicant will make an appointment to submit fingerprints via Live Scan at the Fremont Police Department Detention Center. The applicant pays the actual cost of the Live Scan.

Background Investigation: Upon receipt of a letter from CA DOJ verifying the applicant is not prohibited from possessing a firearm, the application will be assigned to a background investigator through the Office of Professional Standards and Accountability.

The background investigation cost will comprise part of the fee charged to the applicant by the Police Department.

Psychological Examination: Upon successfully completing the background investigation the applicant will be required to take a psychological examination by a qualified vendor acceptable to the department. The applicant pays the vendor the actual cost of the psychological exam.

Firearms Training and Qualification: The applicant is required to attend a course of instruction of a minimum of 16 hours and a qualification by trainers certified by CA DOJ and acceptable to Fremont PD. The applicant pays the vendor the actual cost of the course and qualification.

Issuance of CCW License: At the completion of the process, if successful, a CCW License will be issued by the Chief of Police. The cost of the CCW license issuance will make up part of the fee charged to the applicant by the Police Department.

A supervisor or sergeant within the Office of Professional Standards and Accountability has primary responsibility for overseeing the CCW licensing process. The supervisor will assign the processing of the CCW licensing to a Community Service Officer or an Annuitant which will take approximately five hours to complete.

The City will contract with two software providers. The first is Permitium Software for an online software solution developed for processing and issuing CCW permits. The initial software implementation cost is $2,800 (quoted as $5,600 with a 50% discount) and a yearly license cost of $4,704. Based upon an estimated 400 applicants per year, the estimated Permitium cost per candidate would be $11.76. FAMA software is the second software company that conducts background checks on an applicant’s social media and internet presence, which is a statutory requirement for the issuance of a CCW license.

The yearly software license cost is $5,000 and an additional $12 for each applicant’s background check. Based upon an estimated 400 applicants per year, the estimated FAMA cost per candidate would be $24.50.

Cost Component Hourly Rate Cost Per Applicant
Sergeant (Professional Standards) $223.21 $223.21 (1 hour) Community Service Officer $87.15 $453.75 (5 hours)
Annuitant $75.31 $376.55 (5 hours)
Permitium $11.76
FAMA $24.50
Total Cost Per Applicant: $695.22 or $636.02

Based on the previously listed costs, the estimated per applicant cost to the city for the

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issuance of a CCW license will be $695.22 or $636.02.

The Police Department conducted research and obtained information on local agency fees and discovered in Alameda County, most agencies will charge fees ranging from $400 -$499.

As a brand new program, the projected costs of processing an application are estimates at this point. As we pilot this initiative for the first year, we recommend aligning fees with local agencies as we assess other potential costs associated with this mandate. After the first year, staff will assess the program costs and determine if adjustments to the fee are required based on actual costs Staff recommends adopting the following fees:

Type of Service Cost
CCW License, New $499
CCW License, Renewal $200
CCW License, Modification $50

FISCAL IMPACT: Adopting the proposed changes to the Master Fee Schedule will reduce the net cost to the City to issue CCW permits as required by the Penal Code.

ENVIRONMENTAL REVIEW: Updates to the Master Fee Schedule for the fees charged for a CCW permit are an administrative government activity that is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and pursuant to CEQA Guidelines section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Since it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment, the activity is not subject to CEQA.

ATTACHMENTS:
• Draft Reso- Master Fee Schedule Concealed Weapon License

RECOMMENDATION:

1. Hold a public hearing.

2. Find that amending the Master Fee Schedule is exempt from environmental review under the California Environmental Quality Act (CEQA), per CEQA Guidelines section 15378, as the action is an administrative fiscal activity and per CEQA Guidelines section 15061(b)(3) as the amended charges are not a project that requires environmental review.

3. Adopt a resolution amending the Master Fee Schedule for Concealed Carry Weapon (CCW) licenses as outlined in the attached resolution.

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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 AMENDING THE MASTER FEE SCHEDULE FOR A

CONCEALED WEAPON LICENSE

WHEREAS, on March 1, 1994, the City Council of the City of Fremont adopted Resolution No. 8672 establishing the Master Fee Schedule, which sets forth fees, rates and charges for goods and services provided by the City of Fremont; and

WHEREAS, Resolution No. 8672 has been amended from time to time to adjust and add new fees, rates and changes for good and services provided by the City of Fremont; and

WHEREAS, the Master Fee Schedule sets forth fees for specific services provided by City of Fremont departments, including fees related conceal weapon licenses; and WHEREAS, fees for conceal weapon licenses were last updated more than 10 years ago, and City of Fremont staff recommends revising conceal weapon license categories and amounts to align with the costs of the services provided by the City of Fremont; and WHEREAS, Section 26190(b) of the California Penal Code authorizes the City Council of the City of Fremont to charge fees equal to the reasonable costs for processing the application for a new license or a license renewal, issuing the license, and enforcing the license for concealed weapons; and
WHEREAS, on July 16, 2024, the City Council of the City of Fremont held a duly- noticed public hearing where all members of the public had the opportunity to be heard, and the City Council of the City of Fremont considered the information set forth in the staff report and information submitted to the City Council of the City of Fremont during the public hearing.

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

SECTION 1. The Concealed Weapon License Charges on the Master Fee Schedule (Article VII. Public Safety, Section 001.21110.3778) shall be amended as set forth herein:
001.21110.3778 VII. Public Safety
A . Police

2. Concealed Weapon License
a. New License Fee $475
b. Renewal License Fee $200
c. License Modification Fee $50

SECTION 2. The City Council of the City of Fremont finds that the fee set forth herein does not exceed the cost to the City of Fremont in processing the application for a new license or a license renewal, issuing the license, and enforcing the license for concealed weapons.

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SECTION 3. The City Council of the City of Fremont finds this action is exempt from environmental review under the California Environmental Quality Act (CEQA), per CEQA Guidelines section 15378, as the action is an administrative fiscal activity and per CEQA Guidelines section 15061(b)(3) as the amended charges are not a project that requires environmental review.

SECTION 4. The Master Fee Schedule (adopted by Resolution No. 8672 and amended from time to time, including by this Resolution) shall be kept on file in the Office of the City Clerk.

SECTION 5. This resolution shall be effective on the day it is adopted. On the effective date of this Resolution, all resolutions, which conflict with this Resolution, shall be repealed without further action by the Council.

ADOPTED ___________________, 2024, by the City Council of the City of Fremont, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor
ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

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Attachment: Draft Reso- Master Fee Schedule Concealed Weapon License (5220 : MASTER FEE SCHEDULE AMENDMENT FOR CONCEALED Fremont City Council Meeting: 07/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5218) DOC ID: 5218
Updated: 7/12/2024 7:57 AM by Dina Lewis Page 1
COUNCILMEMBER SALWAN REFERRAL: Naming Alameda County Main Library in Fremont after Former Mayor Gus Morrison and Sunrise Village or Another Notable Affordable Housing Project after Former Assembly Member and Councilmember John A. Dutra
Contact Persons:

Name: Raj Salwan
Title: Councilmember
Div/Dept: City Council
Phone: 510-284-4082
E-Mail: [email protected]

Councilmember Salwan Referral:

This referral requests that City Council direct staff to:

1. Work with Alameda County Supervisors David Haubert and Elisa Marquez and other county and Library management officials to assess the feasibility of naming the Alameda County Main Library in Fremont after former Mayor Gus Morrison.

2. Approach Abode Services to assess the feasibility of renaming either the Sunrise Village emergency shelter or another notable affordable housing project in Fremont after former Assembly Member and Councilmember John A. Dutra.

BACKGROUND:

Gus Morrison
Gus Morrison served the City of Fremont with distinction for over three decades. He began his public service career on the Fremont City Council in 1978 and served multiple terms as mayor, from 1985 to 1989, 1994 to 2004, and briefly in 2012. Throughout his tenure, Mayor Morrison was known for his dedication to improving the quality of life for Fremont residents. He championed numerous initiatives, including the development of the library, parks and recreational facilities, public safety improvements, and sustainable urban planning. His leadership was instrumental in making Fremont a great place for families.

Naming the Alameda County Main Library after Gus Morrison would honor his lifelong commitment to education, civic engagement, and the betterment of Fremont.

John A. Dutra
John A. Dutra has been a significant figure in Fremont's political and social landscape.

Serving as a member of the California State Assembly from 1998 to 2004, Dutra represented the 20th Assembly District, which includes Fremont. Prior to his tenure in the Assembly, Dutra was a dedicated member of the Fremont City Council. During his time on the council, Dutra advocated for programs and policies to help others, including leading the fight for the city’s first homeless shelter, now called Sunrise Village. Despite the shelter being an unpopular idea at the time, Dutra persisted in his efforts, demonstrating his commitment to addressing homelessness in Fremont. He also successfully pushed for the construction of one of the city’s first affordable and senior housing projects, on land

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formerly owned by the Sisters of the Holy Family in Mission San Jose. Naming either the Sunrise Village homeless shelter or another notable affordable housing project after John A.

Dutra would be a fitting tribute to his enduring contributions to housing and social equity in Fremont.

PUBLIC NOTICE AND OUTREACH: A public notice should be issued to inform residents and stakeholders of the proposed name changes.

FISCAL IMPACT: This referral anticipates that staff time and resources will be required to coordinate with Alameda County officials and Abode Services or another affordable housing provider to implement the renaming of either the Sunrise Village or another notable affordable housing project and that the costs associated with these renaming initiatives are expected to be minimal and can be accommodated within existing budgets. Staff should analyze those and any other unanticipated expenses to assess expenses associated with this referral.

CONCLUSION: Renaming the Alameda County Main Library after former Mayor Gus Morrison and either the Sunrise Village homeless shelter or another notable affordable housing project after former Assembly Member and Councilmember John A. Dutra would honor their legacies and contributions to the City of Fremont. These actions reflect our gratitude for their dedicated service and commitment to our community.

RECOMMENDATION:

1. Direct staff to work with Alameda County Supervisors David Haubert and Elisa Marquez and other county and Library management officials to assess the feasibility of naming the Alameda County Main Library in Fremont after former Mayor Gus Morrison.

2. Direct staff to approach Abode Services to assess the feasibility of renaming either the Sunrise Village emergency shelter or another notable affordable housing project in Fremont after former Assembly Member and Councilmember John A. Dutra.

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