Agenda packet, first session — Fremont City Council, September 17, 2024

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Desrie Campbell, Vice Mayor
Teresa Keng, District 1
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5
Teresa Cox, District 6

City Staff

Karena Shackelford, City Manager
Rafael E. 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
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Kelly King, Maintenance Operations Director
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
September 17, 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 - September 17, 2024

September 17, 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 September 17, 2024 City Council meeting online via Zoom https://us06web.zoom.us/j/82512811883
Meeting ID: 825 1281 1883

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.

September 17, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
September 17, 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. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING FREMONT MUNICIPAL CODE SECTION 3.20.090(b) TO REFLECT INTERNAL

REVENUE SERVICE GUIDANCE ON ACKNOWLEDGING DONATIONS
RECOMMENDATION: Adopt ordinance amending the Fremont Municipal Code to reflect IRS guidance on acknowledging donations.

D. UPDATE OF CONFLICT OF INTEREST CODE - Adopt a Resolution Updating the Conflict of Interest Code for the City of Fremont
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: Adopt a resolution amending Fremont’s Conflict of Interest Code as it relates to the Form 700 designated positions and the disclosure categories.

September 17, 2024 Fremont City Council Page 4
E. OPEN COUNTER TECHNOLOGY SERVICE AGREEMENT - Authorize the City Manager or her Designee to Execute a Technology Service Agreement (TSA) with Open Counter Enterprises, Inc. to provide interactive zoning searches and permitting step-by-step guides for a five-year term and a not-to-exceed compensation of $287,275.

Contact Persons:

Name: Jennifer Craven Dan Schoenholz
Title: Business Manager Community Development Director
Dept: Community Development Community Development
Phone: 510-494-4554 510-494-4438
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or her designee to execute a new Technology Service Agreement (TSA) with Open Counter Enterprises, Inc., for a five -year term and not-to-exceed compensation of $287,275.

2. Authorize the use of PWC8746, Land Use and Permitting System, for the one - time and initial year of subscription fees totaling $59,710.

3. Authorize City Manager or her designee to execute any implementing documents and actions, as necessary.

F. HINES EDM DOCUMENT SCANNING AND INDEXING SERVICES AGREEMENT - Authorize the City Manager or Her Designee to Execute an Amendment to the Master Services Agreement with Hines EDM to Extend the Term an Additional Three Years and Increase the Not-to-Exceed Compensation an Additional $500,000 to $1,250,000.

Contact Persons:

RECOMMENDATION: Authorize the City Manager or her designee to amend the Master Service Agreement with Hines, EDM, Inc. to extend the term of the agreement an additional three years through October 2027 and increase the not-to- exceed compensation an additional $500,000 to $1,250,000.

G. ACCEPTANCE OF FEDERAL FUNDING GRANTS - Approval of Actions to Accept Federal Funding Grants in the Amount of $1.35 Million and Appropriate Funds for the Central Park Community Center Project ($0.5 Million), and Auto Mall Parkway Median Improvement Project ($0.85 Million); Authorize the City Manager to Execute Grant Funding Agreements; 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]

September 17, 2024 Fremont City Council Page 5

RECOMMENDATION: Approve the following actions related to the federal grant funds:

1. Accept HUD grant funds in the amount of $0.5 million and appropriate the funds to the Central Park Community Center Project – PWC9087-522.

2. Accept HUD grant funds in the amount of $0.85 million and appropriate the funds to the Auto Mall Parkway Median Improvement Project – PWC9119-522.

3. Authorize the City Manager or her designee to execute grant funding agreements and prepare any other documents required to implement said agreements with HUD for the a) Central Park Community Center in the amount of $0.5 million, and b) Auto Mall Parkway Median Improvement Project in the amount of $0.85 million.

4. 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).

H. AUTO MALL PARKWAY MEDIAN IMPROVEMENTS - Approve a Professional Services Agreement with BKF Engineers, Inc., in the Amount of $525,350 (Including 20% Contingency), for Design Services for the Auto Mall Parkway Median Improvement Project (PWC9119); Appropriation Actions; 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 Auto Mall Parkway Median Improvement Project (PWC9119):

1. Authorize the City Manager or her designee to execute a Professional Services Agreement with BKF Engineers, Inc., in an amount not to exceed $525,350 for design services.

2. Reallocate $2,100,000 from PWC8889-501 and appropriate it to PWC9119-501.

3. 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).

I. CONTRACT AMENDMENT FOR SOLID WASTE RECORDKEEPING AND REPORTING SERVICES - Authorize the City Manager or Designee to execute a three-year amendment to the agreement with Routeware, Inc. for waste management recordkeeping and reporting services, increasing the not-to- exceed amount from $72,139 to $155,000.

Contact Persons:

Name: Allyn McAuley Dan Schoenholz
Title: Environmental Specialist II Community Development Director Dept: Environmental Services Community Development
Phone: 510-494-4576 510-494-4438
E-Mail: [email protected] [email protected]

September 17, 2024 Fremont City Council Page 6

RECOMMENDATIONS:

1. Authorize the City Manager or her Designee to execute an amendment to Agreement 21-0225 with Routeware, Inc., extending the agreement through September 30, 2027, and increasing the not-to-exceed amount from $72,139 to $155,000.

2. Find the proposed action exempt from CEQA under guidelines 15378(b)(2), 15378(b)(5), and/or 15061(b)(3) as detailed in the staff report.

J. ESRI SMALL GOVERNMENT ENTERPRISE AGREEMENT ANNUAL
SUBSCRIPTION RENEWAL - Authorize the City Manager, or Designee, to enter into an Agreement and to execute implementing documents with Environmental Systems Research Institute, Inc., for the annual software support and maintenance of the ESRI Small Government Enterprise Agreement Annual Subscription, in an amount not to exceed $525,300 for a 3-Year term.

Contact Persons:

Name: Sanford Taylor John Leon
Title: IT Director GIS Manager
Dept: Information Technology
Services
GIS
Phone: 510-494-4802 (510) 494-4831
E-Mail: [email protected] [email protected]

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

K. EMERGENCY PLUMBING REPAIR AT POLICE CENTER - Accept the Report; Find that the Emergency Continues; Make Findings of CEQA Exemption Contact Persons:

Name: Jimmy Chen Hans Larsen
Title: Facilities Manager Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4715 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Accept the staff report.

2. Review the conditions of the emergency and make a finding, by a four-fifths vote, that the emergency continues until the work on the Emergency Plumbing Repair at Police Center Project has been completed.

3. Find that the action is exempt from CEQA review pursuant to CEQA Guidelines Section 15269(b), as emergency repairs needed to maintain essential services.

September 17, 2024 Fremont City Council Page 7
L. CENTERVILLE SOIL VAPOR REMEDIATION COMPLETION - Approval of Plans and Specifications; Award of Construction Contract to Innovative Construction Solutions, Inc. in the Amount of $354,292 (includes 15% Contingency) for the Centerville Soil Vapor Remediation Completion (PWC8812D); Appropriation Actions; Make Findings of CEQA Actions 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 Centerville Soil Vapor Remediation Completion Project (PWC8812D):

1. Approve the plans and specifications for the project.

2. Accept the bid and award the construction contract to the responsive and responsible bidder, Innovative Construction Solutions, Inc. in the amount of $307,292 and allocate a 15% construction contingency in the amount of $47,000 for a total construction contract amount of $354,292 and authorize the City Manager or her designee to execute the contract.

3. Reallocate $290,000 from PWC8520-501 to PWC8812-501.

4. Find that because the remediation of the contaminants in accordance with the Centerville Unified Site Services and Funding Agreement, is a part of the project evaluated in the EIR and the CEQA Findings, and because none of the conditions requiring further CEQA documentation pursuant to State CEQA Guidelines Section 15162 have occurred, the EIR and the CEQA Findings may serve as the CEQA document for consideration and implementation of the remediation work.

M. ENTER INTO A CONTRACT FOR THIRD PARTY ADMINISTRATION SERVICES

FOR THE CITY'S SELF- INSURED WORKERS' COMPENSATION PROGRAM - Authorize the City Manager to enter into an Agreement with LWP Claims Solutions, Inc. to Provide Workers’ Compensation Claims Administration Service for the City of Fremont, for a Three-Year Term in an Amount Not- to-Exceed $689,271, and Two Additional Two-Year Options Contact Persons:

Name: Steven E. Schwarz Rafael Alvarado
Title: Risk Manager City Attorney
Dept: Risk Management City Attorney's Office
Phone: 510-284-4052 510-284-4030
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or her designee to execute a three-year agreement with LWP Claims Solutions, Inc., effective October 1, 2024, in the amount of $689,271 and the option for two, two-year extensions in an additional amount not to exceed 5% of the previous year.

2. Find the proposed action exempt from CEQA under guidelines 15378(b)(2), 15378(b)(5), and/or 15061(b)(3).

September 17, 2024 Fremont City Council Page 8

3. Ceremonial Items
A. Proclamation: Bay Area Stands United Against Hate Week 2024

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. BUILDING APPEALS BOARD ORDINANCE AND AMENDMENT TO MASTER FEE SCHEDULE – Public Hearing (Published Notice) to consider Introduction of an Urgency Ordinance Amending Fremont Municipal Code Title 15 and Title 2 to Create a Building Appeals Board and an Amendment to Master Fee Resolution 8672 (Master Fee Schedule) to Create a Fee for Appeals to the Building Appeals Board and to Consider a Finding that the Ordinance is Exempt from the Requirements of the California Environmental Quality Act (CEQA) per, Each as a Separate and Independent Basis, CEQA Guidelines Section 15061(b)(3), 15378(b)(2) and 15378(b)(5).

Contact Persons:

Name: David Wage Mike Wayne
Title: Code Enforcement
Manager/Senior Planner
Building Official
Dept: Community Development Community Development
Phone: 510-494-4447 510-494-4487
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Adopt the urgency ordinance, attached as Exhibit A, by a four-fifths vote of the City Council, amending Title 15 and Title 2 of the Fremont Municipal Code.

2. Waive the first reading and introduce the regular ordinance, attached as Exhibit B, amending Title 15 and Title 2 to the Fremont Municipal Code.

3. Adopt a resolution, attached as Exhibit C, approving an amendment to Master Fee Resolution 8672 (Master Fee Schedule).

4. Find that ordinance 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) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.

September 17, 2024 Fremont City Council Page 9

6. Other Business
A. AGE FRIENDLY FREMONT ACTION PLAN - Age Friendly Fremont Action Plan for 2025-2030
Contact Persons:

Name: Karen L. Grimsich Christina Briggs
Title: Family Services
Administrator
Assistant City Manager
Dept: Human Services Department City Manager's Office
Phone: 510-574-2062 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATION: Receive overview and provide comments on the Age Friendly Action Plan update.

B. HOMELESSNESS REGULATION AND ENFORCEMENT IN CONJUNCTION WITH THE U.S. SUPREME COURT’S GRANTS PASS DECISION
Contact Persons:

Name: Allen DeMers Sean Washington
Title: Deputy City Manager Police Chief
Dept: City Manager's Office Police Department
Phone: 510-494-4651 510-790-6969
E-Mail: [email protected] [email protected]

RECOMMENDATION: Receive this informational update.

7. Items Referred by Councilmembers
A. Councilmember Referrals

1. MAYOR MEI REFERRAL: Referral for Consideration of the Initiation of Censure Proceedings
Contact Persons:

Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

B. Appointments to Boards, Commissions, Committees

1. MAYOR MEI REFERRAL: Appointment to Advisory Body
Contact Persons:

Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

September 17, 2024 Fremont City Council Page 10
APPOINTMENT:

Advisory Body Appointee Term Expires

Planning Commission Benjamin Craig 12/31/2027

RECOMMENDATION: Approve appointment.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
September 17, 2024 Fremont City Council Page 11

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

September 17, 2024 Fremont City Council Page 12

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 September 17, 2024 5:30 p.m. City Council Closed Session 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)
November 5, 2024 7:00 p.m. City Council Meeting Council Chambers Live
November 12, 2024 7:00 p.m. City Council Meeting Council Chambers Live
November 19, 2024 7:00 p.m. City Council Meeting Council Chambers Live
November 26, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
December 3, 2024 7:00 p.m. City Council Meeting Council Chambers Live
December 10, 2024 7:00 p.m. City Council Meeting Council Chambers Live
December 17, 2024 7:00 p.m. City Council Meeting Council Chambers Live
December 24, 2024
CANCELLED: CC/FUSD
Liaison Committee Meeting
(Observed Holiday)

Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5259) DOC ID: 5259
Updated: 9/9/2024 3:12 PM by Dina Lewis Page 1

SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING FREMONT MUNICIPAL CODE SECTION 3.20.090(b) TO REFLECT INTERNAL REVENUE

SERVICE GUIDANCE ON ACKNOWLEDGING DONATIONS
Contact Persons:

Name: Susan Gauthier David Persselin
Title: City Clerk Finance Director
Div/Dept: City Clerk's Office Finance Department
Phone: 510-284-4076 510-494-4631
E-Mail: [email protected] [email protected]

Executive Summary: This report provides information supporting changes staff is recommending to the Fremont Municipal Code (FMC) conforming the City’s grant procedures for accepting donations to guidance provided by the United States Internal Revenue Service (IRS).

The ordinance was introduced by the City Council at its September 3, 2024 meeting. The ordinance is now before the Council for adoption.

ATTACHMENTS:
• Draft Ordinance

RECOMMENDATION: Adopt ordinance amending the Fremont Municipal Code to reflect IRS guidance on acknowledging donations.

2.C
Packet Pg. 13
Ordinance No. XX- 2024 Page 1 of 3 DRAFT
ORDINANCE NO. XX-2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FREMONT AMENDING FREMONT MUNICIPAL CODE SECTION

3.20.090(b) TO REFLECT INTERNAL REVENUE SERVICE GUIDANCE

ON ACKNOWLEDGING DONATIONS

WHEREAS, the requirements for accepting grants of personal property are provided in Fremont Municipal Code Section 3.20.090(b) and include a written acceptance for every donation specifying an estimated value of the property offered; and

WHEREAS, the Internal Revenue Service, IRS Publication 1771 (November 2023) Charitable Contributions – Substantiation and Disclosure Requirements, specifies the requirements for donors to claim federal income tax deductions for contributions and provides guidance for receiving agencies in acknowledging donations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
FREMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. FREMONT MUNICIPAL CODE SECTION 3.20.090.

The Fremont Municipal Code Section 3.20.090(b) is amended as follows:

3.20.090 Personal property acquisition.

(a) Contracts for personal property acquisition may include labor incidental to the purchase of goods, such as set-up, installation, and testing, and are subject to the following procedures:

(1) Each contract for personal property acquisition in an amount of more than $25,000 shall be subject to the formal bidding requirements set forth in Article IV of this chapter.

(2) Each contract for personal property acquisition in an amount of more than $5,000 and less than or equal to $25,000, shall be subject to the informal bidding requirements set forth in Section 3.20.240.

(b) Each contract for the acquisition of cash or personal property by acceptance of a grant shall comply with the city’s administrative regulation on donations and be subject to the following requirements:

(1) The city shall require Each each offer of a cash or grant of property with an estimated fair market value of more than $2,500 shall to be made in writing identifying the name of the person making the grant, the cash or property offered, and the date on

2.C.a
Packet Pg. 14
Attachment: Draft Ordinance (5259 : SECOND READING AND ADOPTION-REVISE MUNICIPAL CODE TO REFLECT IRS GUIDANCE ON Ordinance No. XX- 2024 Page 2 of 3 which the offer was made.; and the city’s acceptance therefor shall be made in writing identifying the estimated value of the property offered, and the date of the city’s acceptance.

(2) The city’s acceptance of each offer of a grant of cash or property with an estimated fair market value of $2,500$250 or less more shall be made in writing identifying the name of the person making the grant, the property offered, the date on which the offer was made, the estimated value of the property offered, and the date of the city’s acceptance containing:

(a) The date of acceptance;
(b) The amount of any cash contribution;
(c) A description (but not the fair market value) of any contribution of property; (d) A statement that no goods or services were provided by the organization in return for the contribution, if that was the case;
(e) A description and good faith estimate of the fair market value of the goods or services, if provided by the city; and

(3) Donations with an estimated value of less than $250 shall be documented in accordance with the city’s administrative regulation on donations.

SECTION 3. CEQA.

The City Council finds, under Title 14 of the California Code of Regulations, Section 15378, that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment.

SECTION 4. EFFECTIVE DATE.

The Ordinance shall take effect 30 days after final passage.

SECTION 5. PUBLICATION AND POSTING.

The City Clerk has prepared and published at least five days before the date of adoption a summary of this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.

The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the _____day of ________________ and adopted

2.C.a
Packet Pg. 15
Attachment: Draft Ordinance (5259 : SECOND READING AND ADOPTION-REVISE MUNICIPAL CODE TO REFLECT IRS GUIDANCE ON Ordinance No. XX- 2024 Page 3 of 3 at a regular meeting of the City Council held on the _____ day of __________________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

2.C.a
Packet Pg. 16
Attachment: Draft Ordinance (5259 : SECOND READING AND ADOPTION-REVISE MUNICIPAL CODE TO REFLECT IRS GUIDANCE ON Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5123) DOC ID: 5123
Updated: 9/12/2024 4:19 PM by Dina Lewis Page 1
UPDATE OF CONFLICT OF INTEREST CODE - Adopt a Resolution Updating the Conflict of Interest Code for the City of Fremont
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 request that the City Council adopt a resolution amending Fremont’s Conflict of Interest Code as it relates to the positions designated to submit the Form 700.

BACKGROUND: The Political Reform Act of 1974 requires that cities and other local agencies adopt local Conflict of Interest Codes. Fremont has had such a code in effect since the 1970s. Fremont’s Code requires disclosure of financial interests of certain employees, consultants and members of boards and commissions if these persons are likely to be involved in decision-making that could affect their own financial interests.

All public employees must comply with the State’s general conflict of interest laws by abstaining from influencing or making decisions that would affect their own financial interests. Additionally, employees who hold positions designated in the City’s Conflict of Interest Code must disclose specified types of financial interests on annual financial disclosure statements that are filed with the City Clerk.

DISCUSSION/ANALYSIS: The City Council last amended the Fremont Conflict of Interest Code on September 13, 2022. State law requires every local governmental agency to periodically review its Conflict of Interest Code to determine whether it is accurate and up - to-date. Updates do not change the basic conflict of interest abstention rules. These rules reflect State law. However, changes in City staff organizational structure and responsibilities require that the designated position list and disclosure categories be updated as indicated below.

Council is being asked to approve the following two documents:

1. List of Designated Positions: The list of designated positions is part of the City’s Code and designates which employees must file annual financial disclosure statements. For each designated position, the list establishes the categories of financial interests for which disclosure must be made. Requirements for disclosure differ from job to job in accordance with the kinds of financial interests that might be affected by an officer’s or employee’s decision making. For example, the disclosure category for Fleet Maintenance Manager is narrowly drawn to require disclosure only of financial interests in automotive, automotive facility, or construction equipment, material, supplies or services companies. The Planning Manager, by contrast, must make a very broad disclosure, which includes sources of income, investments, and

2.D
Packet Pg. 17
Council Staff Report (ID # 5123) Meeting of September 17, 2024 Updated: 9/12/2024 4:19 PM by Dina Lewis Page 2
interests in real property. A copy of the proposed list of designated positions, reflecting changes since the last revision, is enclosed.

2. Disclosure Categories: The disclosure categories establish the types of financial disclosure that must be made for each position and the Fair Political Practices Commission (“FPPC”) forms that must be completed by the employee. A copy of the list of disclosure categories is enclosed.

Both documents will be incorporated into the resolution to be adopted by the City Council.

ATTACHMENTS:
• DRAFT RESOLUTION - Amending Conflict of Interest Code • DRAFT - Disclosure Categories_Appendix
• DRAFT - Designated Positions_Appendix

RECOMMENDATION: Adopt a resolution amending Fremont’s Conflict of Interest Code as it relates to the Form 700 designated positions and the disclosure categories.

2.D
Packet Pg. 18

Page 1 of 2 ends

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT AMENDING THE CITY ’S CONFLICT OF INTEREST

CODE FOR DESIGNATED EMPLOYEES, CONSULTANTS AND

COMMISSIONS OF THE CITY OF FREMONT

WHEREAS, provisions of the Political Reform Act, Government Code Section 87300, et seq., require local government agencies to adopt and promulgate conflict of interest codes; and

WHEREAS, the Fair Political Practices Commission has adopted a regulation, Title 2 California Code of Regulations Section 18730, which contains the terms of a model conflict of interest code which meets the requirements of the Political Reform Act; and

WHEREAS, Title 2 California Code of Regulations Section 18730 has been incorporated by reference into the City’s Conflict of Interest Code; and

WHEREAS, the City’s Conflict of Interest Code includes, in addition to Title 2 California Code of Regulations Section 18730, appendices of designated positions and disclosure categories; and

WHEREAS, said appendices of designated positions and disclosure categories have been reviewed, and this review has disclosed that they should be amended to reflect current conditions.

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

SECTION 1. The terms of Title 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission shall, along with the appendices of designated positions and disclosure categories, attached hereto as Attachments 1 and 2 and are incorporated herein by reference, in which members, employees, and consultants are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Fremont.

2.D.a
Packet Pg. 19
Attachment: DRAFT RESOLUTION - Amending Conflict of Interest Code (5123 : UPDATE OF CONFLICT OF INTEREST CODE 2024 (Biennial

Page 2 of 2 ends

SECTION 2. All designated members, employees, and consultants of the City of Fremont set forth on the attached appendix of designated positions shall file statements of economic interest with the City Clerk of 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

2.D.a
Packet Pg. 20
Attachment: DRAFT RESOLUTION - Amending Conflict of Interest Code (5123 : UPDATE OF CONFLICT OF INTEREST CODE 2024 (Biennial

APPENDIX

DISCLOSURE CATEGORIES

1. Interests in real property which is located or in part within the jurisdiction of the City of Fremont. Schedule B (Schedule A-2 if held by a business entity/trust)

2. Investments in and management positions with business entities which are located within, or do business, plan to do business, or have done business during the preceding two-year period within the jurisdiction of the City of Fremont. Schedules A-1, A-2 and C

3. Sources of Income as defined by the Political Reform Act. Schedules C, D, and E

4. (This section intentionally left blank)

5. (This section intentionally left blank)

6. Investments in, income from, and management positions in business entities which furnish, have furnished in the past two years, or could reasonably be expected to furnish services of the type furnished by insurance companies, carriers, brokers, agents, or adjusters, law firms, investigators, medical practices or clinics, or other entities related to insurance of the type carried or utilized by the City of Fremont, or industrial safety equipment, materials, services or supplies. Schedules A-1, A-2, C- D, and E

7. Investments in, income from, and management positions in business entities which are located within or do business, plan to do business, or have done business during the preceding two-year period within the jurisdiction of Fremont and which provide or engage in:
a. Police services, equipment, materials, or supplies.
b. Banking, savings and loan, financial, or investment services. c. Veterinary, kennel, pet training, breeding, pet cemetery. d. Automotive, automotive facility, or construction equipment, material, supplies, or services. e. Park, landscaping, or agronomy equipment, materials, supplies, design or services. f. Street construction or engineering services and supplies. g. Building maintenance or repair equipment, materials, supplies or services. h. Recreation equipment, materials, supplies, or services. i. Architectural, planning, engineering, construction, building, real estate development, or a related field.
j. Practice of individual, marriage, or family psychological or social counseling. k. Consultants and contractors providing personnel, labor relations, recruitment, training, or benefit services.

Schedules A-1, A-2, C, D, and E

2.D.b
Packet Pg. 21
Attachment: DRAFT - Disclosure Categories_Appendix (5123 : UPDATE OF CONFLICT OF INTEREST CODE 2024 (Biennial Update))

2.D.c
Packet Pg. 22
Attachment: DRAFT - Designated Positions_Appendix (5123 : UPDATE OF CONFLICT OF INTEREST CODE 2024 (Biennial Update))

2.D.c
Packet Pg. 23
Attachment: DRAFT - Designated Positions_Appendix (5123 : UPDATE OF CONFLICT OF INTEREST CODE 2024 (Biennial Update))

2.D.c
Packet Pg. 24
Attachment: DRAFT - Designated Positions_Appendix (5123 : UPDATE OF CONFLICT OF INTEREST CODE 2024 (Biennial Update))

2.D.c
Packet Pg. 25
Attachment: DRAFT - Designated Positions_Appendix (5123 : UPDATE OF CONFLICT OF INTEREST CODE 2024 (Biennial Update))

2.D.c
Packet Pg. 26
Attachment: DRAFT - Designated Positions_Appendix (5123 : UPDATE OF CONFLICT OF INTEREST CODE 2024 (Biennial Update))

2.D.c
Packet Pg. 27
Attachment: DRAFT - Designated Positions_Appendix (5123 : UPDATE OF CONFLICT OF INTEREST CODE 2024 (Biennial Update))

2.D.c
Packet Pg. 28
Attachment: DRAFT - Designated Positions_Appendix (5123 : UPDATE OF CONFLICT OF INTEREST CODE 2024 (Biennial Update)) Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5221) DOC ID: 5221
Updated: 9/12/2024 9:04 PM by Susan Gauthier Page 1
OPEN COUNTER TECHNOLOGY SERVICE AGREEMENT - Authorize the City Manager or her Designee to Execute a Technology Service Agreement (TSA) with Open Counter Enterprises, Inc. to provide interactive zoning searches and permitting step-by-step guides for a five-year term and a not-to-exceed compensation of $287,275.

Contact Persons:

Name: Jennifer Craven Dan Schoenholz
Title: Business Manager Community Development Director
Div/Dept: Community Development Community Development
Phone: 510-494-4554 510-494-4438
E-Mail: [email protected] [email protected]

Executive Summary: The City has been utilizing Open Counter online zoning and business permitting requirement services since 2016. This new Technology Services Agreement with Open Counter will allow for continued public access to these online (Cloud -hosted) services as well as add a residential permitting guide. Staff recommends that City Council authorize the City Manager to execute a new Technology Services Agreement with Open Counter Enterprises, Inc. for a five-year term and a not-to-exceed compensation of $287,275.

BACKGROUND: In 2015, the City entered into an agreement with Open Counter in order to provide an online, self-help service where small businesses could explore zoning and business permitting requirements to inform decisions about where to site their new business. Since initial implementation of Open Counter in 2016, the site has been accessed more than 13,000 times to look up zoning and utilize the business permit scoping guide.

The Fremont Open Counter site is located at: https://fremont.opencounter.com

Open Counter works by utilizing simple questions about the business use/operation with a mapping tool to identify where the specific business could operate by right, with a discretionary approval (e.g., Zoning Administrator Permit), or is prohibited. If a person is interested in scoping the permitting requirements, the Business Guide asks for information about the site improvements (e.g., new construction, tenant improvement), if any, which lead to a list of permitting requirements (e.g., permits required, including outside agencies) and an estimate of the permit fees.

DISCUSSION/ANALYSIS: Since 2016, Open Counter has expanded its services to include a residential permitting guide. Based on the zoning lookups to Open Counter since 2016, many lookup inquiries seek information about residential zoning and permitting requirements. The residential permitting guide is designed to facilitate queries about residential zoning and permitting requirements.

As described, the new TSA with Open Counter will be for a five-year term and a not-to- exceed compensation of $287,275. The table below breaks out the costs by year.

2.E
Packet Pg. 29
Council Staff Report (ID # 5221) Meeting of September 17, 2024 Updated: 9/12/2024 9:04 PM by Susan Gauthier Page 2

ZoningCheck, Business Guide, Residential Guide Total Cost One-time implementation fee – Residential Guide only
Year 1 annual fee
Year 2 annual fee (3% increase)
Year 3 annual fee (3% increase)
Year 4 annual fee (3% increase)
Year 5 annual fee (3% increase)
$6,900
$52,810
$54,394
$56,026
$57,707
$59,438
Total Not-to-Exceed Compensation $287,275

FISCAL IMPACT: The one-time costs and initial year of subscription costs ($59,710) will be funded from PWC8746, Land Use and Permitting System. This PWC is annually funded by the Development Cost Center Technology & System Improvement Reserve, which is funded by permit fees from Planning (Fund 391), Building (Fund 392), and Engineering (Fund 393).

Subsequent annual subscription fees and any additional services will be budgeted for and funded by the Planning (Funds 391) and Building (Funds 392) operating budgets.

ENVIRONMENTAL REVIEW: The recommended action is not subject to review under the California Environmental Quality Act (CEQA) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines.

ATTACHMENTS: None.

RECOMMENDATIONS:

2. Authorize the use of PWC8746, Land Use and Permitting System, for the one -time and initial year of subscription fees totaling $59,710.

3. Authorize City Manager or her designee to execute any implementing documents and actions, as necessary.

2.E
Packet Pg. 30
Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5222) DOC ID: 5222
Updated: 9/9/2024 3:19 PM by Dina Lewis Page 1

HINES EDM DOCUMENT SCANNING AND INDEXING SERVICES AGREEMENT - Authorize the City Manager or Her Designee to Execute an Amendment to the Master Services Agreement with Hines EDM to Extend the Term an Additional Three Years and Increase the Not-to-Exceed Compensation an Additional $500,000 to $1,250,000.

Contact Persons:

Executive Summary: In October 2019, the City entered into a five-year service agreement in the amount of $750,000 with Hines EDM, Inc. to provide digital scanning and document indexing services. Since that time, all Building Division paper and microfiche files have been converted to digital format. However, a large number of Planning Division paper files and oversized maps/plans still need to be converted. Staff is therefore requesting that City Council authorize an amendment to the service agreement to extend the term an additional three years and increase the not-to-exceed compensation an additional $500,000 to $1,250,000.

BACKGROUND: In an effort to improve customer service, to enhance sustainability by reducing paper waste, and to minimize the need for physical storage space, Community Development has implemented a number of initiatives to become paperless.

For new permits, Community Development eliminated the use of paper by implementing electronic plan checking and enabling electronic submittal of permit requests in 2021.

To address the permitting paper storage archives, in November 2018, Community Development released a Request for Proposals (RFP) on BidSync (City’s former web based on-line bidding partner) for on-call scanning services. Eight firms submitted proposals. All firms were determined qualified, and the top two firms were further evaluated for final selection. After site visits and additional discussions with these firms, Hines EDM and ImageNet, staff found both had security facilities, efficient scanning processes, including quality control and quality assurance review procedures, and positive references from other clients. Council authorized agreements with both vendors. However, only Hines EDM completed the contract process and has provided on-call scanning services for the City since the agreement was executed in October 2019.

DISCUSSION/ANALYSIS: Staff estimates that retaining Hines EDM services for an additional three years will be adequate to complete conversion of all remaining Community Development paper files to digital format. The original agreement allows for annual adjustments to pricing based on changes in the Consumer Price Index over the prior year.

This provision, plus all other provisions of the original agreement, will remain in effect with this amendment.

2.F
Packet Pg. 31
Council Staff Report (ID # 5222) Meeting of September 17, 2024 Updated: 9/9/2024 3:19 PM by Dina Lewis Page 2

FISCAL IMPACT: For all permit requests that were received in paper format, applicants paid a fee that covers the cost of converting paper documents to a digital format for permanent storage in the City’s document retention system. Scanning of documents under the Hines services agreement is funded by these user fees, the costs of which are included in the Development Cost Center budget.

ENVIRONMENTAL REVIEW: Environmental review is not required as master service agreements 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 these agreements will have a significant effect on the physical environment.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager or her designee to amend the Master Service Agreement with Hines, EDM, Inc. to extend the term of the agreement an additional three years through October 2027 and increase the not-to-exceed compensation an additional $500,000 to $1,250,000.

2.F
Packet Pg. 32
Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5255) DOC ID: 5255
Updated: 9/12/2024 7:33 AM by Dina Lewis Page 1
ACCEPTANCE OF FEDERAL FUNDING GRANTS - Approval of Actions to Accept Federal Funding Grants in the Amount of $1.35 Million and Appropriate Funds for the Central Park Community Center Project ($0.5 Million), and Auto Mall Parkway Median Improvement Project ($0.85 Million); Authorize the City Manager to Execute Grant Funding Agreements; 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 incorporate federal grant funds awarded by the U.S. Department of Housing and Urban Development (HUD) into the City’s budget and to facilitate implementation of funded activities related to developing a new Community Center in Central Park and improving the median islands on Auto Mall Parkway.

BACKGROUND: On March 9, 2024, the U.S. Congress adopted the Consolidated Appropriations Act, 2024 (the FY2024 Act). The federal budget included “earmark” allocations to specific projects and programs identified by Federal legislators. With support from U.S. representatives Ro Khanna (California's 17th congressional district) and Eric Swalwell (California’s 15th congressional district) , budget allocations were provided to the Auto Mall Parkway Median Improvement Project and the Central Park Community Center Project for the City of Fremont.

DISCUSSION/ANALYSIS: The scope and funding amount for the federal budget earmarks allocated to the City of Fremont are described below.

• Central Park Community Center
The proposed Central Park Community Center project proposes to develop a new multiservice community center in Central Park, replacing the current Teen Center and Fremont Community Center and providing expanded space for indoor recreation and community programs. Having a modern multiservice center is identified as a top priority in the Parks and Recreation Master Plan approved in 2022.

The FY2024 Act appropriated $0.5 million from the Economic Development Initiative (EDI) Community Project Funding (CPF) grant to the City of Fremont for the Central Park Community Center project. The federal grant will be used to contribute to the construction costs.

• Auto Mall Parkway Median Improvement Project
Auto Mall Parkway is a four-lane arterial connecting Interstate Routes 680 and 880 and serves as a gateway to Fremont’s major industrial and retail areas, including the Tesla electric vehicle factory, Fremont Auto Mall, and the Pacific Commons Mall. The corridor provides goods movement, access to jobs, and is used by approximately 40,000 people

2.G
Packet Pg. 33
Council Staff Report (ID # 5255) Meeting of September 17, 2024 Updated: 9/12/2024 7:33 AM by Dina Lewis Page 2
daily. This project will provide attractive landscaping to upgrade a 5.1-acre barren center median area along a major highway corridor in Silicon Valley. The proposed project will install irrigation and plant drought-tolerant shrubs and low growing trees to beautify the corridor.

The FY2024 Act appropriated $0.85 million from the EDI-CPF grant to the City of Fremont for the Auto Mall Parkway Median Improvement project. The federal grant will be used to contribute to the project design costs.

For each of the projects, the City must execute grant funding agreements with HUD.

FISCAL IMPACT: Staff recommends that the City Council appropriate $0.5 million of the EDI-CPF grant funds to the Central Park Community Center Project (PWC9087) and $0.85 million of the EDI-CPF grant funds to the Auto Mall Parkway Median Improvement Project (PWC9119) in the Federal Capital Grants Fund (Fund 522). The recommended actions will provide new funding to the City for designated projects in the amount of $1.35 million.

ENVIRONMENTAL REVIEW: The recommended actions are exempt from the California Environmental Quality Act (CEQA) because they are an administrative fiscal activity and not projects pursuant to CEQA Guidelines section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment).

Subsequent planning for the projects will include preparation of an environmental clearance in accordance with CEQA and NEPA guidelines. Consistent with National Environmental Policy Act (NEPA), regulations, funding will not be distributed to a project until appropriate NEPA review and environmental clearance is completed for that project.

ATTACHMENTS: None.

RECOMMENDATION: Approve the following actions related to the federal grant funds:

1. Accept HUD grant funds in the amount of $0.5 million and appropriate the funds to the Central Park Community Center Project – PWC9087-522.

2. Accept HUD grant funds in the amount of $0.85 million and appropriate the funds to the Auto Mall Parkway Median Improvement Project – PWC9119-522.

2.G
Packet Pg. 34
Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5256) DOC ID: 5256
Updated: 9/10/2024 2:05 PM by Dina Lewis Page 1
AUTO MALL PARKWAY MEDIAN IMPROVEMENTS - Approve a Professional Services Agreement with BKF Engineers, Inc., in the Amount of $525,350 (Including 20% Contingency), for Design Services for the Auto Mall Parkway Median Improvement Project (PWC9119); Appropriation Actions; Make Findings of CEQA Exemption.

Contact Persons:

Executive Summary: The purpose of this report is to facilitate the design of median improvements along Auto Mall Parkway between Grimmer Boulevard and Fremont Boulevard. Using grant funding from U.S. Department of Housing and Urban Development (HUD), the Project will provide attractive landscaping features to enhance the aesthetics of this major corridor.

BACKGROUND: Auto Mall Parkway is a four-lane arterial connecting Interstate Routes 680 and 880 and serves as a gateway to Fremont’s major industrial and retail areas, including the Tesla electric vehicle factory, Fremont Auto Mall, and the Pacific Commons Mall. The corridor provides goods movement, access to jobs, and is used by approximately 40,000 people daily. The center median of Auto Mall Parkway also contains support towers for high voltage electrical transmission lines operated by San Francisco Public Utilities Commission (SFPUC) that supply power to the region.

This project will provide attractive landscaping to upgrade a 5.1-acre barren center median area along a major highway corridor in Silicon Valley. The proposed project will install irrigation and plant drought-tolerant shrubs and low growing trees to beautify the corridor.

The project limits are for a half-mile segment between Fremont Boulevard and Grimmer Boulevard. Local residents and businesses have advocated for the project to support community pride and economic vitality.

The City of Fremont has received a 2024 federal Community Project Funding grant from the U.S. Department of Housing and Urban Development in the amount of $850,000 sponsored by U.S. Representative Ro Khanna. A separate Council item is being presented to accept the federal grant funds and authorize the City Manager to execute the grant funding agreement.

Additional funding in the amount of $2.1 million was allocated for this project through the adopted FY2023/25 Capital Improvement Program and appropriated to PWC8889 - Water Conservation/Median Upgrade which has a current balance of $3.2 million. Additional construction funding will be needed to complete the full project (estimated to cost approximately $5.2 million) and is currently being pursued from grant sources. The project may be phased based on funding availability.

2.H
Packet Pg. 35
Council Staff Report (ID # 5256) Meeting of September 17, 2024 Updated: 9/10/2024 2:05 PM by Dina Lewis Page 2
DISCUSSION/ANALYSIS: On July 3, 2024, the City issued a Request for Proposals (RFP) for design services for the Auto Mall Parkway Median Improvement Project. Two proposals were received on July 30, 2024, from the following firms, listed alphabetically: BKF Engineers, Inc. and HMH Engineers, Inc. The proposals were evaluated by a selection panel comprised of City staff based on criteria that included completeness of response, qualifications and experience, organization and approach, scope of services to be provided, schedule of work, local presence, and references. The consultant team led by BKF Engineers, Inc. was selected as the top-ranked firm based on their proposal.

FISCAL IMPACT: The consultant fee for the design services for the Auto Mall Parkway Median Improvement Project is $437,791 with an additional $87,559 of contingency for a total fee amount of $525,350.

A new budget appropriation account has been created for the project referred to as PWC9119 - Auto Mall Parkway Median Improvement Project. It is recommended that prior funding for the project in the amount of $2,100,000 be transferred from PWC8889-501 to PWC9119-501. With this recommended fund transfer and the 2024 federal Community Project Funding grant, there are sufficient funds in the adopted capital budget to award the design services consultant contract.

ENVIRONMENTAL REVIEW: Environmental review is not required for the recommended actions because project design work and funding transactions are not a project within the meaning of California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061 (b)(3) and 15378(b) as it can be seen with certainty that there is no possibility they will have a significant effect on the environment and these are administrative activities that will not result in an effect on the physical environment.

Appropriate environmental review will be prepared for this project as part of the professional services provided with this service agreement.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the Auto Mall Parkway Median Improvement Project (PWC9119):

1. Authorize the City Manager or her designee to execute a Professional Services Agreement with BKF Engineers, Inc., in an amount not to exceed $525,350 for design services.

2. Reallocate $2,100,000 from PWC8889-501 and appropriate it to PWC9119-501.

2.H
Packet Pg. 36
Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Environmental Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5253) DOC ID: 5253
Updated: 9/9/2024 3:27 PM by Dina Lewis Page 1

CONTRACT AMENDMENT FOR SOLID WASTE RECORDKEEPING AND
REPORTING SERVICES - Authorize the City Manager or Designee to execute a three-year amendment to the agreement with Routeware, Inc. for waste management recordkeeping and reporting services, increasing the not-to-exceed amount from $72,139 to $155,000.

Contact Persons:

Name: Allyn McAuley Dan Schoenholz
Title: Environmental Specialist II Community Development Director Div/Dept: Environmental Services Community Development
Phone: 510-494-4576 510-494-4438
E-Mail: [email protected] [email protected]

Executive Summary: For the past three years, the Environmental Services Division has been using Routeware’s Program Tracker cloud database system to help provide garbage, recycling, compost, and edible food recovery services to Fremont businesses. The Program Tracker has been an invaluable resource to track services and outreach provided to businesses, monitor compliance with solid waste laws, and facilitate reporting to the State.

Since the Program Tracker has become an essential tool for the Environmental Services Division to comply with increasing State regulations, staff recommends amending the agreement with Routeware to extend through September 30, 2027, and increase the not-to- exceed compensation from $72,139 to $155,000.

BACKGROUND: California’s landmark organic waste law, SB 1383 (effective January 1, 2022), led many jurisdictions to adopt a tracking and reporting system to assist with increased programmatic and reporting obligations. In 2021, in preparation for the new law, the City and Citizen Communications, LLC (dba Recyclist) entered into a 3-year agreement in the amount of $72,139 for provision of a database system (Program Tracker) and related services to enable the City of Fremont and partners to implement programs and track compliance with California solid waste laws.

In April 2023, Routeware Inc. acquired Recyclist and assumed the rights and obligations under the agreement for the Program Tracker and related services. Following the ownership transition, staff has remained satisfied with the product and experienced no degradation of system performance, customer service, nor associated services provided.

DISCUSSION/ANALYSIS: Since the initial setup in 2021, the Program Tracker has performed exceptionally well and has been easy to use. Staff has been pleased with how the system is tailored to the specific duties of the integrated waste management team. Its sophisticated features have streamlined the tasks that the team has been performing for many years. Staff have been provided with clear visual summaries and useful analytical tools – not previously available through existing technology – which has helped staff improve programs. Staff is able to run helpful reports and perform insightful queries of the data to identify program improvements.

2.I
Packet Pg. 37
Council Staff Report (ID # 5253) Meeting of September 17, 2024 Updated: 9/9/2024 3:27 PM by Dina Lewis Page 2
In addition, contractors hired by the City have become accustomed to using the Program Tracker to log in-person, phone, and email communications with businesses, enabling a comprehensive customer service record populated by all parties that provide waste management services. The system provides access to crucial information about Fremont businesses when staff is working in the field, as well as the ability to upload photos and update information.

Finally, the Program Tracker compiles data in the format required by the State for annual reporting, reducing staff time committed to this mandatory task. This includes reports and charts pre-made in the needed formats, that staff can generate at will to be auto-populated with the latest data.

Due to the aforementioned reasons, staff desires to extend the agreement with Routeware in order to continue utilizing the beneficial Program Tracker.

FISCAL IMPACT: The Program Tracker services will be fully funded by already-awarded funds from the State’s SB 1383 Local Assistance Grant Program and the Integrated Waste Management Fund. There is no expected impact to the General Fund.

ENVIRONMENTAL REVIEW: The proposed amendment to the services agreement is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

RECOMMENDATIONS:

2. Find the proposed action exempt from CEQA under guidelines 15378(b)(2), 15378(b)(5), and/or 15061(b)(3) as detailed in the staff report.

2.I
Packet Pg. 38
Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Information Technology Services Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5252) DOC ID: 5252
Updated: 9/9/2024 3:32 PM by Dina Lewis Page 1

ESRI SMALL GOVERNMENT ENTERPRISE AGREEMENT ANNUAL
SUBSCRIPTION RENEWAL - Authorize the City Manager, or Designee, to enter into an Agreement and to execute implementing documents with Environmental Systems Research Institute, Inc., for the annual software support and maintenance of the ESRI Small Government Enterprise Agreement Annual Subscription, in an amount not to exceed $525,300 for a 3-Year term.

Contact Persons:

Name: Sanford Taylor John Leon
Title: IT Director GIS Manager
Div/Dept: Information Technology Services IT Services
Phone: 510-494-4802 (510) 494-4831
E-Mail: [email protected] [email protected]

Executive Summary: In FY 2021/22, the City entered into an agreement with Environmental Systems Research Institute, Inc. for a Small Government Enterprise Agreement Annual Subscription. Staff recommends that City Council authorize the City Manager, or her designee, to enter into an Agreement and to execute implementing documents with Environmental Systems Research Institute, Inc., for the annual software support and maintenance of the ESRI Small Government Enterprise Agreement Annual Subscription, in an amount not to exceed $525,300 for a 3-Year term.

BACKGROUND: The City’s Geographic Information Systems (GIS) Division in the Information Technology Services (ITS) Department designs, develops, and maintains citywide geographic and tabular data sets as well as provides address assignment and street naming services. The utilization of GIS technology offers the City powerful information tools by which to spatially display a wide variety of information such as streets, parcels, addresses, parks and city facilities, land hazards/constraints, and aerial photos. This visual display of information provides intelligent maps and resources for staff to use in their daily responsibilities, as well as, for emergency service response.

In FY 2021/22, the City entered into an agreement with Environmental Systems Research Institute, Inc. for a Small Government Enterprise Agreement Annual Subscription.

DISCUSSION/ANALYSIS: The ESRI Small Government Enterprise Agreement Annual Subscription renewal (SGEA) is a three‐year agreement, which grants the City access to ESRI term license software on an unlimited basis including maintenance on all the ESRI software products offered through the SGEA for the term of the agreement. The SGEA also provides ESRI user conference registrations for five staff members and unlimited self-paced eLearning.

With the ESRI SGEA, the City has gained access to ESRI’s full suite of products and hosted services for the entire City organization, rather than a limited number of named users. The SGEA has enabled all departments to continue to apply GIS technology in technical and operational areas and to use the software products to develop new applications. This is essential for City Departments such as Police, Fire, Public Works (Engineering and Survey),

2.J
Packet Pg. 39
Council Staff Report (ID # 5252) Meeting of September 17, 2024 Updated: 9/9/2024 3:32 PM by Dina Lewis Page 2
Maintenance Operations, Community Development (Planning and Building/Safety), Community Services (Landscape and Recreation Services), Human Services (FRC and Aging/Family Services), and Risk Management who depend heavily on GIS technology to provide services to the Community. The features offered through the SGEA has also directly benefited the City’s Emergency Operations Center (EOC) by providing unlimited licenses so that the GIS data can be stored in multiple locations to ensure that the EOC can continue to access GIS data in the event of a major disaster.

Software license renewal is exempt from competitive purchasing requirements pursuant to Fremont Municipal Code section 3.20.280(c).

FISCAL IMPACT: Funds are appropriated for the annual software support and maintenance of the ESRI Small Government Enterprise Agreement Annual Subscription in the Information Technology Services Department Operating Fund FY 2024/25 adopted operating budget (Fund 620). Funding for subsequent years will be requested as part of the City’s annual budget process.

ENVIRONMENTAL REVIEW: The renewal of computer software licenses is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

2.J
Packet Pg. 40
Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Public Projects

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5257) DOC ID: 5257
Updated: 9/12/2024 10:04 AM by Dina Lewis Page 1
EMERGENCY PLUMBING REPAIR AT POLICE CENTER - Accept the Report; Find that the Emergency Continues; Make Findings of CEQA Exemption Contact Persons:

Name: Jimmy Chen Hans Larsen
Title: Facilities Manager Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4715 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to inform the City Council of emergency repairs currently underway to address major water leaks in the men’s shower room of the Fremont Police Center building. The City Manager authorized emergency action and approved award of an emergency contract that was solicited through a streamlined procurement process. The work continues and the City Council must now find, by a four fifths vote, that the emergency continues until the work is completed and the emergency is terminated by the Council. As required by law, this report informs the City Council about the emergency situation, the prompt actions taken to resolve the emergency , and asks the Council to make the required findings until the emergency can be terminated .

BACKGROUND: In June 2024, the City’s Building Maintenance staff received a report of water leaks and flooding in the men’s shower room of the Police Center. The showers when in use were flooding the area creating a slipping hazard and limiting the use of the showers and nearby police lockers. The leaks were coming from within the floor and foundation of the building and risked further damage, costly repairs, and more service disruption to a critical building in charge of public safety operations.

Immediate action was necessary to investigate and repair the leaks. Public Works received approval from the City Manager to proceed with an emergency contract and waive compliance with formal bidding requirements for non-emergency public works projects, which generally take approximately three months to complete. Staff subsequently issued an informal Request for Quotations for the Police Department Shower Repair Project (Project).

SDM Construction, Inc. submitted the only bid and immediately started work on the Project.

The work began in July 2024 and is scheduled for completion in October 2024. All the showers had to be demolished, and the contractor had to excavate to approximately six feet below the existing concrete to find the leaks caused by deteriorated sewer pipes. The leaks have been resolved and the old sewer pipes have been replaced with new sewer resilient PVC piping. The remaining work consists of rebuilding the showers and replacing the damaged flooring of the corridor leading to the police officers’ lockers. The work will be completed when the impacted part of the facility is restored back to its functional state. The total project cost is estimated at $300,000.

DISCUSSION/ANALYSIS: In accordance with the Public Contract Code Section 22050 and Fremont Municipal Code Section 3.20.290, the Fremont City Council has delegated authority to the City Manager to order emergency action to protect city interests and to waive formal

2.K
Packet Pg. 41
Council Staff Report (ID # 5257) Meeting of September 17, 2024 Updated: 9/12/2024 10:04 AM by Dina Lewis Page 2
bidding requirements for emergency contracts. A written determination must be made supported by substantial evidence that an emergency exists, that immediate action must be taken to resolve the emergency, and that the action to be taken is directly related to resolving the emergency. Applicable law defines an emergency as a “sudden, unexpected occurrence that poses a clear and imminent danger, requiring action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.”

On June 14, 2024, the City Manager made the emergency determinations required based on facts and information provided by staff and included in this report, and authorized award of an emergency contract to immediately address the emergency.

When the City Manager approves an emergency action, the law requires that the City Council take action to review the emergency and make a finding, by a four-fifths vote, that the emergency continues until it has been resolved. The Council must continually review the emergency at every regularly scheduled meeting and terminate the emergency when appropriate. Accordingly, this item will remain on the council agenda until such time the emergency action can be terminated.

Staff recommends that the Council review the emergency action authorized by the City Manager, and find that the emergency continues until the work on the project has been completed and the Police Department facilities have been restored to full use.

FISCAL IMPACT: The total estimated project cost of $300,000 was funded through the Capital Budget appropriation for major building facility maintenance projects (PWC8393).

Staff will provide an update on the cost of the repairs at a future City Council meeting once all repairs have been completed.

ENVIRONMENTAL REVIEW: The project is Exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15269(b), related to emergency repairs needed to maintain essential services.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Accept the staff report.

3. Find that the action is exempt from CEQA review pursuant to CEQA Guidelines Section 15269(b), as emergency repairs needed to maintain essential services.

2.K
Packet Pg. 42
Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5258) DOC ID: 5258
Updated: 9/12/2024 7:45 AM by Dina Lewis Page 1
CENTERVILLE SOIL VAPOR REMEDIATION COMPLETION - Approval of Plans and Specifications; Award of Construction Contract to Innovative Construction Solutions, Inc. in the Amount of $354,292 (includes 15% Contingency) for the Centerville Soil Vapor Remediation Completion (PWC8812D); Appropriation Actions; Make Findings of CEQA Actions
Contact Persons:

Executive Summary: The purpose of this report is to initiate the construction of a project to complete the remediation of contaminated soils associated with the prior property uses at the Artist Walk development site in Centerville. The project includes removing a soil -vapor extraction system.

BACKGROUND: The property located at 37070 Fremont Boulevard, previously known as the Centerville Unified Site, used to contain a strip mall with a dry cleaner and an automotive dealer that operated at the site until 1993. The site has undergone several environmental investigations since 2001, showing that the site has been impacted by heavy metals, hydrocarbons and volatile organic compounds. The site structures were demolished in 2004. Previous remediation work at the site has been completed with removal of impacted soils, sumps, hydraulic lifts, and underground storage tanks. In July 2010, tetrachloroethylene (PCE) in the form of soil vapor was detected at the site as the primary volatile organic compound and main contaminant of concern requiring active remediation with a recommendation for a soil-vapor extraction (SVE) system. In 2013, an SVE System Pilot Study Improvement Project was undertaken to determine if soil vapor extraction was the most effective treatment technology for PCE in soil vapor detected at the site. The resulting data from the pilot study confirmed that soil vapor extraction would effectively eliminate PCE at this site.

In October 2015, the developer of the Artist Walk project, Artist Walk Fremont, LLC completed its purchase of the 6.58-acre property at 37070 Fremont Boulevard from the City. In late 2017, the site was redeveloped as Artist Walk. Development of the property was initiated by the City's former Redevelopment Agency (RDA) and the developer over 12 years ago when the property was under the RDA’s ownership. After dissolution of the RDA, the Successor Agency was formed to wind down the affairs of the RDA. Under the Long- Range Property Management Plan, the property transferred to the City for its disposition and development. In May 2015, the Successor Agency was dissolved after completing the wind down process of the RDA.

In December 2015, City Council approved the construction of the Full-Scale Remediation Project. A full-scale SVE system was installed in 2016 consisting of a total of 36 SVE wells.

The SVE System operation began in October 2016, continued in parallel with the Artist Walk

2.L
Packet Pg. 43
Council Staff Report (ID # 5258) Meeting of September 17, 2024 Updated: 9/12/2024 7:45 AM by Dina Lewis Page 2
construction and site occupancy, and through system shutdown on January 27, 2022, which was approved by the Alameda County Water District (ACWD). SVE system components were demobilized from the site on March 9, 2022, after the SVE system decommissioning was approved by ACWD. On August 3, 2022, the City submitted a formal request for case oversight transfer from ACWD to the Regional Water Quality Control Board (Water Board).

Case oversight transfer to the Water Board took effect in January 2023. On July 19, 2024, the Water Board provided the City of Fremont with a letter stating its intent to issue a no further action letter to the City and approved decommissioning and removal of the environmental remediation system at the Centerville Unified Site.

At this time, the remaining components of the SVE system can be removed from the Artist Walk development area which includes equipment located on adjoining properties at 3900 Thornton Avenue and 37000 Fremont Boulevard (Carl’s Jr site). A project has been developed for this work and referred to as the Centerville Soil Remediation Completion project. The scope of work includes:

Current phase of work includes the removal of the SVE compound and installation of planned parking stalls, removal of 25 of the 36 SVE wells, and removal of three groundwater monitoring wells.

Phase 2 work includes the removal of the remaining 11 inaccessible wells and site restoration work in the amount of $180,000. This phase of work will be completed after the City and ACWD agree on the method of removal for these inaccessible wells.

DISCUSSION/ANALYSIS: The project was competitively bid through a formal procurement process. Notices inviting bids were duly issued, with a bid opening date of July 30, 2024. There were no bids received through the formal bidding process, and staff recommends award of a negotiated contract.

Per Public Contract Code § 22038:

(c) If no bids are received through the formal or informal procedure, the project may be performed by the employees of the public agency by force account or negotiated contract without further complying with this article.

Staff reached out to three contractors to request bids for this work. After reviewing the bids and negotiations, staff is recommending awarding this project to Innovative Construction Solutions, Inc. in the amount of $307,292.

The bidder for this project, Innovative Construction Solutions, Inc., submitted a responsive bid and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has satisfactorily completed contracts of this nature.

Project Costs and Funding:

Estimated Project Costs
Construction Cost (Responsible Bid) $307,292
Construction Inspection, Surveying and Administration
(15%)
$54,000
Construction Contingency (15%) $47,000

2.L
Packet Pg. 44
Council Staff Report (ID # 5258) Meeting of September 17, 2024 Updated: 9/12/2024 7:45 AM by Dina Lewis Page 3
Phase 2 Construction and Site Restoration Work $180,000 Total Estimated Project Costs $588,292

Source of Funding:

Currently Budgeted
PWC8812 – Fund 551 – Former RDA Public Works Construction Fund

$303,717

Proposed Additional Funding:

PWC8520 – Fund 501 – General Fund 290,000

Total Funding $593,717

FISCAL IMPACT: Additional funding is needed to complete the construction of this project in the amount of $290,000. The total estimated project cost is approximately $594,000.

Staff recommends that the City Council approve reallocating $290,000 from the Downtown Project in PWC 8520-501 to the Centerville Soil-Vapor Remediation Completion project (PWC8812) to complete this work. The fund balance of PWC8520-501 is currently $610,000 and is sufficient to meet the few remaining commitments for downtown. With the recommended additional reallocation of funds to the project, there will be sufficient funds available for the estimated project cost.

ENVIRONMENTAL REVIEW: On March 16, 2010, the City Council adopted Ordinance No. 5-2010, approving the Consolidated Amended and Restated Redevelopment Plan for the Fremont Merged Redevelopment Project (Including Irvington, Niles, Centerville and Industrial Area (the "Redevelopment Plan") for the Fremont Merged Redevelopment Project Area, within which the Centerville Unified Site is located. The Redevelopment Plan expressly provides for the remediation of the contaminants related to the Centerville Unified Site. In connection with adoption of the Redevelopment Plan and to comply with the requirements of the California Environmental Quality Act and the implementing state and local guidelines (collectively, "CEQA"), the City Council and the Board of the RDA (as predecessor to the Successor Agency) considered, certified and made findings (the "CEQA Findings", including adopting the required mitigation monitoring program, as fully set forth in concurrent City Council and RDA Resolutions 2010-13 and 2014-14, respectively, dated March 2, 2010) related to the Environmental Impact Report (the "EIR") prepared for the Redevelopment Plan, including the remediation of the contaminants related to the Centerville Unified Site.

The EIR and the CEQA Findings may serve as the CEQA document for consideration and implementation of the remediation work. The remediation of the contaminants in accordance with the Centerville Unified Site Services and Funding Agreement, is a part of the project evaluated in the EIR and the CEQA Findings, and none of the conditions requiring further CEQA documentation pursuant to State CEQA Guidelines Section 15162 have occurred. In addition, on January 14, 2014, a Mitigated Negative Declaration (Artist Walk, PLN2013-00269) was adopted for the development of the site with a mixed-use project. The adopted Mitigated Negative Declaration includes a specific mitigation measure that requires completion of the approved site remediation work prior to human occupancy of the future buildings planned for the site.

2.L
Packet Pg. 45
Council Staff Report (ID # 5258) Meeting of September 17, 2024 Updated: 9/12/2024 7:45 AM by Dina Lewis Page 4
ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the Centerville Soil Vapor Remediation Completion Project (PWC8812D):

1. Approve the plans and specifications for the project.

3. Reallocate $290,000 from PWC8520-501 to PWC8812-501.

2.L
Packet Pg. 46
Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Risk Management
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5267) DOC ID: 5267
Updated: 9/10/2024 4:24 PM by Dina Lewis Page 1

ENTER INTO A CONTRACT FOR THIRD PARTY ADMINISTRATION SERVICES FOR THE CITY'S SELF- INSURED WORKERS' COMPENSATION PROGRAM - Authorize the City Manager to enter into an Agreement with LWP Claims Solutions, Inc. to Provide Workers’ Compensation Claims Administration Service for the City of Fremont, for a Three-Year Term in an Amount Not-to-Exceed $689,271, and Two Additional Two-Year Options
Contact Persons:

Name: Steven E. Schwarz Rafael Alvarado
Title: Risk Manager City Attorney
Div/Dept: Risk Management City Attorney's Office
Phone: 510-284-4052 510-284-4030
E-Mail: [email protected] [email protected]

Executive Summary: The City of Fremont currently contracts for services to administer the City’s self-insured workers’ compensation program under an agreement with LWP Claims Solutions, Inc (LWP). The current agreement expires on September 30, 2024. City staff recommends that the City Council authorize the City Manager to execute a three-year agreement for administration of the City’s self-insured workers’ compensation program with LWP Claims Solutions, Inc. with the option for two, two-year extensions.

BACKGROUND: The City has contracted with LWP to provide workers’ compensation administrative services since October 1, 2018. The current contract expires September 30, 2024. In anticipation of the expiration of the existing contract, Risk Management initiated a request for proposals (RFP) for third party administrators on June 10, 2024. The City received five responses to the RFP.

Discussion/Analysis: City staff reviewed each RFP response to determine the depth of each proposer’s experience and approach with claims administration for workers’ compensation claims in the State of California, as well as depth of experience of proposer’s service team, including claims adjusters, claims manager and information technology support, the proposer’s understanding of the project and cost of services. At the conclusion of the review, City staff determined that LWP was the most qualified and responsible proposer. Over the past seven years LWP has saved the City $2,636,666 total incurred costs (reserves and payments) on all 187 claims that were transferred to them on taking over the City account.

LWP’s fee for the first three years of the agreement would be as follows:

• Year 1 $ 228,000
• Year 2 $ 234,690
• Year 3 $ 241,581

The City will have the option to extend the agreement two times, for two-year periods. The increased cost of any extension shall not exceed 5% of the previous year.

2.M
Packet Pg. 47
Council Staff Report (ID # 5267) Meeting of September 17, 2024 Updated: 9/10/2024 4:24 PM by Dina Lewis Page 2
ENVIRONMENTAL REVIEW: The proposed agreement is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance

ATTACHMENTS: None.

RECOMMENDATIONS:

2. Find the proposed action exempt from CEQA under guidelines 15378(b)(2), 15378(b)(5), and/or 15061(b)(3).

2.M
Packet Pg. 48
Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5247) DOC ID: 5247
Updated: 9/12/2024 10:11 AM by Dina Lewis Page 1

BUILDING APPEALS BOARD ORDINANCE AND AMENDMENT TO MASTER FEE SCHEDULE – Public Hearing (Published Notice) to consider Introduction of an Urgency Ordinance Amending Fremont Municipal Code Title 15 and Title 2 to Create a Building Appeals Board and an Amendment to Master Fee Resolution 8672 (Master Fee Schedule) to Create a Fee for Appeals to the Building Appeals Board and to Consider a Finding that the Ordinance is Exempt from the Requirements of the California Environmental Quality Act (CEQA) per, Each as a Separate and Independent Basis, CEQA Guidelines Section 15061(b)(3), 15378(b)(2) and 15378(b)(5).

Contact Persons:

Name: David Wage Mike Wayne
Title: Code Enforcement Manager/Senior
Planner
Building Official
Div/Dept: Community Development Community Development
Phone: 510-494-4447 510-494-4487
E-Mail: [email protected] [email protected]

Executive Summary: Section 1.8.8 of the 2022 California Building Code and California Health and Safety Code Sections 17920.5 and 17920.6 allow for the creation of a local building appeals board. The proposed ordinance would create a three-member Building Appeals Board to hear and decide appeals of orders, decisions, and determinations by the Building Official and Fire Chief/Fire Marshall. Staff recommends amending Title 15 (Buildings and Construction) and Title 2 (Administration and Finance) to adopt an Ordinance to create a Building Appeals Board to hear appeals related to the Building and Fire Codes. The ordinance would also establish the Planning Commission as the hearing body for post entitlement appeals pursuant to the Housing Accountability Act. To recover City costs associated with appeals of Building and Fire Codes to the Building Appeals Board , staff is proposing adoption of a new fee of $2,101.

BACKGROUND: Appeals of orders, decisions and determinations made by the Building Official and Fire Marshall were historically heard by a sole administrative hearing officer appointed by the City Manager and assigned by the City Clerk. In the past five years, the City received less than 15 appeals related to enforcement of the Building and Fire Codes.

As part of the decision in the case Temple of 1001 Buddhas v. City of Fremont, the California Court of Appeals, First Division found that the City’s existing appeals process did not meet the requirements of Section 1.8.8 of the California Building Code, which calls for appeals to be heard by a board rather than a sole hearing officer. As a result of this decision, staff is proposing to create a Building Appeals Board.

DISCUSSION/ANALYSIS: Staff is recommending the creation of a three-member Building Appeals Board that would be responsible for hearing and deciding appeals of orders, decisions, and determinations made by the Building Official and Fire Chief/Fire Marshall. The proposed ordinance specifies the creation, composition, staffing, powers and duties,

5.A
Packet Pg. 49
Council Staff Report (ID # 5247) Meeting of September 17, 2024 Updated: 9/12/2024 10:11 AM by Dina Lewis Page 2
procedures for appeals and how appeals are heard. The following is a summary of the some of the key provisions in the draft ordinance:

• Members would be nominated by the Mayor and appointed by the City Council. • Members would be required to have knowledge of State and local Building and Fire Codes.
• Members are not required to be Fremont residents and would serve without compensation.
• The Building Official or designee would serve as secretary to the Board but would not be able to vote on matters before the Board.

The draft ordinance also includes an update to Fremont Municipal Code Section 15.05.070 to reflect an amendment to the Housing Accountability Act (AB 2234) Government Code section 65913.3, which establishes mandatory timeframes for issuance of post entitlement permits such as building permits. Cities are required to identify completeness issues and a list of items that are noncompliant and how they can be remedied within 30 or 60 days depending on the number of residential units in a project. The law allows permit applicants to appeal an agency’s determination of incompleteness, non-compliance or denial of post entitlement permits. The draft ordinance would designate the Planning Commission as the hearing body for post-entitlement appeals, as required under state law.

FISCAL IMPACT: An appeal fee of $2,101 was previously established for appeals related to post-entitlement permits processed pursuant to the Housing Accountability Act (AB 2234).

Staff is proposing adoption of a new fee of $2,101 associated with appeals of Building and Fire Codes to the Building Appeals Board. Adopting the fees as proposed would ensure that the cost to process appeals is recovered, thereby ensuring that the General Fund does not subsidize services related to private development.

ENVIRONMENTAL REVIEW: The proposed text amendment is exempt from the requirements of 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) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS:
• Exhibit A Draft Ordinance Building Appeals Board Urgency Version • Exhibit B Draft Ordinance Building Appeals Board Regular Version • Exhibit C Draft Reso- Building Appeals Board

RECOMMENDATIONS:

1. Adopt the urgency ordinance, attached as Exhibit A, by a four-fifths vote of the City Council, amending Title 15 and Title 2 of the Fremont Municipal Code.

2. Waive the first reading and introduce the regular ordinance, attached as Exhibit B, amending Title 15 and Title 2 to the Fremont Municipal Code.

3. Adopt a resolution, attached as Exhibit C, approving an amendment to Master Fee Resolution 8672 (Master Fee Schedule).

5.A
Packet Pg. 50
Council Staff Report (ID # 5247) Meeting of September 17, 2024 Updated: 9/12/2024 10:11 AM by Dina Lewis Page 3

5.A
Packet Pg. 51
Ordinance No. XX- 2024 Page 1 of 7

EXHIBIT A

ORDINANCE NO. XX-2024

AN URGENCY ORDINANCE OF THE CITY OF FREMONT
AMENDING FREMONT MUNICIPAL CODE TITLE 15 AND
TITLE 2 TO CREATE A BUILDING APPEALS BOARD

THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. URGENCY FINDINGS
The City Council makes the following urgency findings:

A. The California Building Standards Commission adopts a complete set of new building codes in three-year cycles based on the latest international and national model building codes and these regulations are referred to as the California Building Standards Code codified in California Code of Regulations, Title 24.

B. The California Building Standards Code, including the California Building Code, contains general building design and construction requirements relating to fire and life safety, structural safety, and access compliance.

C. In 2022, the City of Fremont (“City”) adopted, and has in effect, the 2022 California Building Standards Codes with certain administrative and technical amendments based on Fremont’s local conditions.

D. The City also adopted a Neighborhood Preservation Ordinance (“NPO”), codified in Chapter 8.60 of the Fremont Municipal Code that establishes a nuisance abatement program to advance the comfortable enjoyment of life and property of the residents of Fremont.

E. The NPO requires that the owners of property within the city sustain property maintenance best practices to protect the livability, appearance, property values and economic stability of the city and protect the public from health and safety hazards that result from the neglect and deterioration of property.

F. The NPO makes it unlawful for any property owner to maintain or to allow his/her property to be maintained in a condition that is detrimental to public health, safety, or general welfare or in a condition which violates any code or ordinance adopted by the City including the requirements of the California Building Standards Code.

G. The NPO provides that where the City determines that a property is maintained as a nuisance, the City shall provide the property owner an opportunity to take corrective action or appeal the determination of nuisance disputing the factual or legal basis of the nuisance.

5.A.a
Packet Pg. 52
Attachment: Exhibit A Draft Ordinance Building Appeals Board Urgency Version (5247 : BUILDING APPEALS BOARD ORDINANCE AND Ordinance No. XX- 2024 Page 2 of 7 H. The NPO provides that an appeal of the specific abatement of nuisance determination takes place before a sole hearing officer designated by the city manager.

I. The City’s appeals procedure, setting appeals before a sole hearing officer, was challenged in the matter Temple of 1001 Buddhas v. City of Fremont, Court of Appeals, First Appellate District, Case No. A167719, on the grounds that the procedure was preempted by section 1.8.8 of the California Building Code.

J. In Temple, the First District Court of Appeals affirmed the City’s finding that the property owner violated Fremont’s Zoning Code set forth at FMC Title 18 and violations of the International Property Maintenance Code at Chapter 15.45 of FMC Title.

K. The First District Court of Appeals also determined that section 1.8.8 of the California Building Code preempts the City’s appeals process for enforcement determinations based on violations of Fremont’s Building Standards Code and requires such appeals to be held before a board authorized to hear such appeals.

L. Consequently, the City must establish a local building appeals board, by amending its municipal code, to meet the requirements of section 1.8.8 of the California Building Code and the decision of the First District Court of Appeals.

M. The City, pursuant to California Constitution Article XI, Section 7, has the authority to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

N. The City, pursuant to California Government Code sections 36934 and 36937, is authorized to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety.

O. The lack of a local appeals board is preventing the City from enforcing local law, either by confirming the existing of a violation(s) of the California Building Code and obtaining compliance by Fremont property owners that are found to be in violation of the California Building Code, or by determining that no such violation exists.

P. Without a local building appeals board, the City is unable to schedule or hear appeals of determinations of building code violations by Fremont property owners.

Q. The establishment of a local appeals board is necessary for the immediate preservation of the public peace, health, or safety and without this action the City cannot enforce the California Building Code, including matters related to general building design, construction requirements relating to fire and life safety, structural safety, and access compliance.

R. This ordinance is necessary for the immediate preservation of the public peace, health or safety, and shall be effective upon adoption by a four-fifths vote of the City Council.

5.A.a
Packet Pg. 53
Attachment: Exhibit A Draft Ordinance Building Appeals Board Urgency Version (5247 : BUILDING APPEALS BOARD ORDINANCE AND Ordinance No. XX- 2024 Page 3 of 7 SECTION 2. FMC § 2.20.030 AMENDED
Fremont Municipal Code Title 2, Chapter 2.20, Section 2.20.030 is amended to read as follows:

Sec. 2.20.030 Regulations for subject bodies.
{Subsection (a) remains unchanged}

(b) No person shall be eligible to be or to continue to be a member of a subject body unless he or she is a resident of the city, unless stated otherwise in this chapter.

{Subsections (c) through (q) remain unchanged}

SECTION 3. FMC CHAPTER 2.20, ARTICLE XVII ADDED
Fremont Municipal Code Title 2, Chapter 2.20, Article XVII is added to read as follows:

Article XVII. Building Appeals Board

Sec. 2.20.730 Creation and membership.

Sec. 2.20.740 Qualifications.

Sec. 2.20.750 Powers and duties.

Sec. 2.20.760 Limitations.

Sec. 2.20.770 Meetings.

Sec. 2.20.780 Appeal procedures.

Sec. 2.20.790 Waiver.

Sec. 2.20.800 Conduct of the appeal hearing.

Sec. 2.20.810 Statement of decision.

Sec. 2.20.820 Appeal of the statement of decision.

Sec. 2.20.730 Creation and membership.
(a) The building appeals board is established and shall consist of three members appointed by the mayor with the approval of the city council.
(b) Members of the building appeals board need not be Fremont residents and shall serve without compensation.
(c) The building official or his or her designee shall act as secretary to the board. When an appeal is heard regarding only chapter 15.35, the fire chief or his or her designee shall be the secretary. The secretary shall have no vote and shall not be deemed to be a member of the board.

Sec. 2.20.740 Qualifications.

Members of the board shall be persons who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the city of Fremont.

The city council shall endeavor to appoint persons who are knowledgeable in the construction or

5.A.a
Packet Pg. 54
Attachment: Exhibit A Draft Ordinance Building Appeals Board Urgency Version (5247 : BUILDING APPEALS BOARD ORDINANCE AND Ordinance No. XX- 2024 Page 4 of 7 design of buildings and who are familiar with the content and application of the building standards codes. A member may not have any interest in the property which is the subject of the appeal to the board.

Sec. 2.20.750 Powers and duties.

It shall be the function of the building appeals board to hear and decide appeals from orders, decisions or determinations made by the building official, or his or her designee, regarding the application and interpretation of housing laws set forth in California health and safety code, the Fremont municipal code title 15, except for chapter 15.45, and all decisions by the fire chief and/or fire marshal, or their designee, regarding the application and interpretation of the Fremont fire code, chapter 15.35 of this code.

Sec. 2.20.760 Limitations.

The Board shall have no authority to waive requirements of the Fremont Municipal Code.

Sec. 2.20.770 Meetings.

The Board shall meet only as needed when an appeal is filed pursuant to this article.

Sec. 2.20.780 Appeal procedures.
(a) An applicant for a postentitlement phase permit (as defined in health and safety code section 65913.3) may appeal a decision determining the permit to be incomplete, non- compliant or denied to the building appeals board. Any person, firm, or corporation adversely affected by an orders, decisions, and determinations made by the building official, the fire chief or fire marshal, or their designees in interpreting, administering or enforcing any provision of title 15, except for chapter 15.45, or any rule or regulation adopted by the department of housing and community development, may appeal the order, decision, and/or determination to the building appeals board.

(b) An application for appeal shall be in writing, state the grounds for the appeal, and be accompanied by a fee in the amount set by resolution of the city council. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. Only matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

(c) The application for appeal shall be filed with the chief building official no later than ten days after receipt of written notice of the determination. Failure to timely request an appeal constitutes a waiver of the right to a hearing before the building appeals board and a failure to exhaust administrative remedies.

5.A.a
Packet Pg. 55
Attachment: Exhibit A Draft Ordinance Building Appeals Board Urgency Version (5247 : BUILDING APPEALS BOARD ORDINANCE AND Ordinance No. XX- 2024 Page 5 of 7 (d) Within 30 days of receiving an appeal, the chief building official shall schedule a hearing before the building appeals board. Appellant shall be given at least ten days written notice of the date and time of the hearing. Notice of the hearing shall be served personally or by first-class mail addressed to the appellant at the address shown on the appeal and shall be deemed complete at the time notice is personally served or deposited in the mail.

Sec. 2.20.790 Waiver.

Failure of the appellant to appear at the hearing after notice has been provided as stated in this article, shall be deemed a waiver of the hearing and an admission that the determination being appealed is correct. In the event of such failure to appear, the city may move forward with enforcement of the determination.

Sec. 2.20.800 Conduct of the appeal hearing.
(a) The board shall exercise its powers in such a manner that substantial justice is done most nearly in accord with the intent of and purpose of this code. (b) Hearings shall be open to the public, recording minutes of its proceedings, and providing copies of the minutes for inspection as a public record. (c) At the hearing, the parties shall be given an opportunity to be heard and have the right to call and examine witnesses on any matter relevant to the issues of the hearing, to introduce documentary and physical evidence, to cross-examine witnesses on any matter relevant to the issues of the hearing, and to be represented by any person who is lawfully permitted to so represent.
(d) Any relevant evidence shall be admitted if it is of the type of evidence that responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the formal rules of evidence. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded.
(e) The hearing may be continued if necessary.

Sec. 2.20.810 Statement of decision.
(a) The decision of the board shall be determined by the majority of the board. The board shall affirm, modify or set aside the determination that is appealed and shall prepare a written statement of decision. The statement of decision shall be based on the evidence received, shall be final and conclusive and shall contain a statement of decision relevant to the issues. The statement of decision shall set forth the time within which the parties shall carry out their obligations if applicable.
(b) The statement of decision shall be completed and mailed to the parties no later than 30 calendar days after close of the hearing and shall notify the appellant that superior court review shall be commenced no later than 90 calendar days after the board mails the statement of decision first class, postage prepaid, with a proof of service to the parties.

5.A.a
Packet Pg. 56
Attachment: Exhibit A Draft Ordinance Building Appeals Board Urgency Version (5247 : BUILDING APPEALS BOARD ORDINANCE AND Ordinance No. XX- 2024 Page 6 of 7 (c) The statement of decision shall be served in the same manner as the notice for the hearing. The secretary shall provide a copy of the report to the administrative office whose determination was appealed and shall maintain a copy in the board’s records. (d) The secretary shall compile the full record of the hearing under this article, including all exhibits and documents offered as evidence, whether or not admitted, and an audio recording of the proceeding.

Sec. 2.20.820 Appeal of the statement of decision.

Any appeal of the board’s statement of decision must be filed with a court of competent jurisdiction pursuant to California code of civil procedure sections 1094.5 and 1094.6 within 90 calendar days of the service of the decision, otherwise all objections will have been waived. The filing of such appeal within such time limit shall stay the effective date of the decision of the board.

SECTION 4. FMC § 15.05.070 REPEAL AND REPLACE
Fremont Municipal Code Title 15, Chapter 15.05, Section 15.05.070 is repealed and replaced to read as follows:

Sec. 15.05.070 Appeals.
(a) Where the provisions of this title allow for a board of appeals, the board shall be the building appeals board created in chapter 2.20, article XVII. (b) Pursuant to government code section 65913.3, an applicant for a post-entitlement permit under title 15 may appeal the determination that a post-entitlement permit is incomplete, denied or determined to be noncompliant only to the planning commission pursuant to chapter 18.300 as that chapter relates to the planning commission.

SECTION 5. CEQA
The City Council determines that this ordinance 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) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.

SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Urgency Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

5.A.a
Packet Pg. 57
Attachment: Exhibit A Draft Ordinance Building Appeals Board Urgency Version (5247 : BUILDING APPEALS BOARD ORDINANCE AND Ordinance No. XX- 2024 Page 7 of 7 SECTION 7. EFFECTIVE DATE
This Urgency Ordinance shall take effect immediately upon adoption by a four-fifths vote of the City Council.

SECTION 8. PUBLICATION AND POSTING
This Urgency Ordinance shall be published and posted as may be required by law. * * *
The foregoing Urgency Ordinance was adopted at a regular meeting of the City Council held on the ____ day of _______, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor
ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

5.A.a
Packet Pg. 58
Attachment: Exhibit A Draft Ordinance Building Appeals Board Urgency Version (5247 : BUILDING APPEALS BOARD ORDINANCE AND Ordinance No. XX- 2024 Page 1 of 6

EXHIBIT B

ORDINANCE NO. XX-2024

AN ORDINANCE OF THE CITY OF FREMONT AMENDING
FREMONT MUNICIPAL CODE TITLE 15 AND TITLE 2 TO

CREATE A BUILDING APPEALS BOARD

THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. FMC § 2.20.030 AMENDED
Fremont Municipal Code Title 2, Chapter 2.20, Section 2.20.030 is amended to read as follows:

Sec. 2.20.030 Regulations for subject bodies.
{Subsection (a) remains unchanged}

(b) No person shall be eligible to be or to continue to be a member of a subject body unless he or she is a resident of the city, unless stated otherwise in this chapter.

{Subsections (c) through (q) remain unchanged}

SECTION 2. FMC CHAPTER 2.20, ARTICLE XVII ADDED
Fremont Municipal Code Title 2, Chapter 2.20, Article XVII is added to read as follows:

Article XVII. Building Appeals Board

Sec. 2.20.730 Creation and membership.

Sec. 2.20.740 Qualifications.

Sec. 2.20.750 Powers and duties.

Sec. 2.20.760 Limitations.

Sec. 2.20.770 Meetings.

Sec. 2.20.780 Appeal procedures.

Sec. 2.20.790 Waiver.

Sec. 2.20.800 Conduct of the appeal hearing.

Sec. 2.20.810 Statement of decision.

Sec. 2.20.820 Appeal of the statement of decision.

Sec. 2.20.730 Creation and membership.
(a) The building appeals board is established and shall consist of three members appointed by the mayor with the approval of the city council.

5.A.b
Packet Pg. 59
Attachment: Exhibit B Draft Ordinance Building Appeals Board Regular Version (5247 : BUILDING APPEALS BOARD ORDINANCE AND Ordinance No. XX- 2024 Page 2 of 6 (b) Members of the building appeals board need not be Fremont residents and shall serve without compensation.
(c) The building official or his or her designee shall act as secretary to the board. When an appeal is heard regarding only chapter 15.35, the fire chief or his or her designee shall be the secretary. The secretary shall have no vote and shall not be deemed to be a member of the board.

Sec. 2.20.740 Qualifications.

Members of the board shall be persons who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the city of Fremont.

The city council shall endeavor to appoint persons who are knowledgeable in the construction or design of buildings and who are familiar with the content and application of the building standards codes. A member may not have any interest in the property which is the subject of the appeal to the board.

Sec. 2.20.750 Powers and duties.

Sec. 2.20.760 Limitations.

The Board shall have no authority to waive requirements of the Fremont Municipal Code.

Sec. 2.20.770 Meetings.

The Board shall meet only as needed when an appeal is filed pursuant to this article.

Sec. 2.20.780 Appeal procedures.
(a) An applicant for a postentitlement phase permit (as defined in health and safety code section 65913.3) may appeal a decision determining the permit to be incomplete, non- compliant or denied to the building appeals board. Any person, firm, or corporation adversely affected by an orders, decisions, and determinations made by the building official, the fire chief or fire marshal, or their designees in interpreting, administering or enforcing any provision of title 15, except for chapter 15.45, or any rule or regulation adopted by the department of housing and community development, may appeal the order, decision and/or determination to the building appeals board.

5.A.b
Packet Pg. 60
Attachment: Exhibit B Draft Ordinance Building Appeals Board Regular Version (5247 : BUILDING APPEALS BOARD ORDINANCE AND Ordinance No. XX- 2024 Page 3 of 6 adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. Only matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

(d) Within 30 days of receiving an appeal, the chief building official shall schedule a hearing before the building appeals board. Appellant shall be given at least ten days written notice of the date and time of the hearing. Notice of the hearing shall be served personally or by first-class mail addressed to the appellant at the address shown on the appeal and shall be deemed complete at the time notice is personally served or deposited in the mail.

Sec. 2.20.790 Waiver.

5.A.b
Packet Pg. 61
Attachment: Exhibit B Draft Ordinance Building Appeals Board Regular Version (5247 : BUILDING APPEALS BOARD ORDINANCE AND Ordinance No. XX- 2024 Page 4 of 6 to the issues. The statement of decision shall set forth the time within which the parties shall carry out their obligations if applicable.
(b) The statement of decision shall be completed and mailed to the parties no later than 30 calendar days after close of the hearing and shall notify the appellant that superior court review shall be commenced no later than 90 calendar days after the board mails the statement of decision first class, postage prepaid, with a proof of service to the parties. (c) The statement of decision shall be served in the same manner as the notice for the hearing. The secretary shall provide a copy of the report to the administrative office whose determination was appealed and shall maintain a copy in the board’s records. (d) The secretary shall compile the full record of the hearing under this article, including all exhibits and documents offered as evidence, whether or not admitted, and an audio recording of the proceeding.

Sec. 2.20.820 Appeal of the statement of decision.

SECTION 1. FMC § 15.05.070 REPEAL AND REPLACE
Fremont Municipal Code Title 15, Chapter 15.05, Section 15.05.070 is repealed and replaced to read as follows:

SECTION 4. CEQA
The City Council determines that this ordinance 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) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.

5.A.b
Packet Pg. 62
Attachment: Exhibit B Draft Ordinance Building Appeals Board Regular Version (5247 : BUILDING APPEALS BOARD ORDINANCE AND Ordinance No. XX- 2024 Page 5 of 6 SECTION 5. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 7. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause the ordinance to be published again with the names of those City Council members voting for and against the ordinance; and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
* * *
The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ____ day of ______, and finally adopted at a regular meeting of the City Council held on the ____ day of _______, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor
ATTEST: APPROVED AS TO FORM:

5.A.b
Packet Pg. 63
Attachment: Exhibit B Draft Ordinance Building Appeals Board Regular Version (5247 : BUILDING APPEALS BOARD ORDINANCE AND Ordinance No. XX- 2024 Page 6 of 6 __________________________________
City Clerk _________________________________
City Attorney

5.A.b
Packet Pg. 64
Attachment: Exhibit B Draft Ordinance Building Appeals Board Regular Version (5247 : BUILDING APPEALS BOARD ORDINANCE AND Resolution 2024-XX Page 1 of 2

EXHIBIT C
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AMENDING SECTIONS I (GENERAL AND MISCELLANEOUS) OF THE

MASTER FEE SCHEDULE REGARDING APPEALS RELATED TO
TITLE 15 (BUILDINGS AND CONSTRUCTION)
WHEREAS, on March 1, 1994 the City Council adopted Resolution No. 8672, as amended from time to time, establishing the City’s Master Fee Schedule, fixing and establishing fees, rates and charges for goods and services provided by the City of Fremont; and WHEREAS, on September 17, 2024, the City introduced an ordinance to create a local building appeals board pursuant to Section 1.8.8 of the 2022 California Building Code and California Health and Safety Code Sections 17920.5 and 17920.6; WHEREAS, on September 17, 2024, the City introduced an ordinance amending Fremont Municipal Code Section 15.05.070 which establishes an appeal process for post entitlement permits that would be heard by the Planning Commission pursuant to the Housing Accountability Act (AB 2234), Government Code section 65913.3; WHEREAS, the proposed adoption of an appeal fee for appeals to the Building Appeals Board in the Building and Safety Fees section is necessary to clarify and update the fees to recover the cost of the appeal and include new appeals processes required by new state law; WHEREAS, the description for the existing appeal fee for post entitlement appeals is being amended to clarify that the Planning Commission is the hearing body for appeals received pursuant to Fremont Municipal Code Section 15.05.070;
NOW, THEREFORE, based on the information set forth in the report to City Council dated September 17, 2024, as well as any information submitted to the City Council during the public hearing, or considered by the City Council during its deliberations on this matter, the City Council of the City of Fremont hereby resolves as follows:

SECTION 1. Section I, P., General and Miscellaneous, of the Master Fee Schedule is amended as follows:

Amend fee Item I.P.7: Appeal of staff actions to the City Council Planning Commission based on FMC Title 15 (Building & Safety), as it relates to implementation of AB2234, Post- Entitlement Permits (Govt Code Sections 65589.5, 65913.3, and 65913.3.5). Fee at a rate equivalent to 15-hours at the Plan Check Professional classification hourly labor rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, administratively adjusted annually on January 1 rounded to the nearest dollar. $2,101 flat fee

5.A.c
Packet Pg. 65
Attachment: Exhibit C Draft Reso- Building Appeals Board (5247 : BUILDING APPEALS BOARD ORDINANCE AND AMENDMENT TO MASTER Resolution 2024-XX Page 2 of 2

Establish fee I.P.9: Appeal of staff actions to the Building Board of Appeals based on FMC Title 15 (Building & Safety). Fee at a rate equivalent to 15-hours at the Plan Check Professional classification hourly labor rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, administratively adjusted annually on January 1 rounded to the nearest dollar. $2,101 flat fee

SECTION 2. The Master Fee Schedule (as adopted by Resolution No. 8672, and as amended thereafter) is on file in the Office of the City Clerk.

ADOPTED ____________, 2024, by the City Council of the City of Fremont by the following vote, to wit, and to be effective on November 18, 2024:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

5.A.c
Packet Pg. 66
Attachment: Exhibit C Draft Reso- Building Appeals Board (5247 : BUILDING APPEALS BOARD ORDINANCE AND AMENDMENT TO MASTER Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Presentations

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5240) DOC ID: 5240
Updated: 9/12/2024 9:26 PM by Susan Gauthier Page 1
AGE FRIENDLY FREMONT ACTION PLAN - Age Friendly Fremont Action Plan for 2025-2030
Contact Persons:

Name: Karen L. Grimsich Christina Briggs
Title: Family Services Administrator Assistant City Manager Div/Dept: Human Services Department City Manager's Office Phone: 510-574-2062 510-284-4022
E-Mail: [email protected] [email protected]

Executive Summary: In 2017, the City of Fremont joined the World Health Organization’s (WHO) Global Age-Friendly Network and the American Association of Retired Persons (AARP) Age Friendly network. In 2020, the City Council adopted the City of Fremont’s inaugural Age Friendly Plan, that included an age friendly policy platform. The purpose of this report is to provide updates to the Age Friendly Fremont Plan recent data collection.

BACKGROUND: The World Health Organization’s Global Age-Friendly Network was launched in 2008 to foster an exchange of experiences and provide a forum for mutual learning worldwide. In the United States, the Age-Friendly effort is a partnership with the World Health Organization (WHO) and the American Association of Retired Persons (AARP).

Currently, there are 1,500+ cities in 51 countries who are members of the WHO Network.

There are 875 AARP Age-Friendly members, including 93 AARP members in California.

WHO established eight domains as points of livability affecting the lives of older adults to help guide the development of local action plans. The City of Fremont Senior Citizen Commission recommended the addition of a ninth domain to address the specific concerns and needs of individuals with dementia and their caregivers. The domains addressed in the City of Fremont Age Friendly Action Plan are:
• Health and Wellness
• Outdoor Spaces and Parks
• Transportation
• Housing
• Social Participation and Inclusion
• Employment and Learning Opportunities
• Volunteering and Civic Engagement
• Community Information
• Dementia-Related Support

The City of Fremont joined the WHO/AARP effort in 2017, and completed the City’s Age Friendly Action Plan, which was adopted in 2020.

COF Age Friendly Policy Platform
• Seek to improve older adults’ quality of life by promoting the development of safe, accessible and vibrant age-friendly environments.
• Promote positive, purposeful roles for older adults in civic engagement.

6.A
Packet Pg. 67
Council Staff Report (ID # 5240) Meeting of September 17, 2024 Updated: 9/12/2024 9:26 PM by Susan Gauthier Page 2
• Promote positive images of aging which seek to affirm the aging process as a natural progression of life.
• Support County, State and Federal legislation that advances livable environments for older adults and adequate benefits through Social Security and Medicare. • Promote the creation of neighborhoods with a strong sense of place, where neighbors support each other and share their skills and support to navigate the challenges and opportunities of aging.
• Support reliable, affordable and high-quality telecommunication for all. • Promote social networks and services which allow older adults to age safely and successfully, enjoying strong community connections, less isolation, increased independence and enhanced purpose of life.

DISCUSSION/ANALYSIS: In order to understand the current state and needs of our older adults and to update the City’s Action Plan, Human Services Department staff conducted sixteen community focus groups held in seven languages; evaluated two recent community surveys; and held one-on-one interviews with City department directors from the Community Services, Community Development, Fire, Police, Public Works, and the Information Technology Departments. All departments reported an increase in requests for services from older adults. Opportunities to coordinate among departments to meet the growing needs of older adults in our community were identified and are incorporated into this update to the Age-Friendly Action Plan.

The Fremont population is aging. Between the 2010 census and the 2022 community survey data, as the overall City population grew, every age group over 55 years increased as a percentage of the city’s population (see graph). It is important to note that Fremont residents over the age of 85 years increased by almost 70% during this time period.

6.A
Packet Pg. 68
Council Staff Report (ID # 5240) Meeting of September 17, 2024 Updated: 9/12/2024 9:26 PM by Susan Gauthier Page 3
Survey data indicate that overall older Fremont residents feel Fremont is a good place to age. However, older adults also indicated that they were significantly impacted during the COVID pandemic, and many indicated increased isolation and less opportunity to interact with family, and to engage in outside events. Action steps suggested in the Age-Friendly Action Plan update are supporting increased technology use by seniors to assist with digital connections, and providing opportunities for socialization and civic engagement.

During the focus groups staff heard from seniors on what an ideal Age Friendly Fremont would look like, about their current challenges, and about their ideas for effective Age- Friendly action steps. The Age-Friendly Action Plan update presents specific action steps for each of the nine domains.

Older adults want to lead purposeful lives and have their voices heard. Being valued by their community and being included in making decisions were their highest reported concerns.

Older adults see themselves as part of the solution to meet Fremont’s growing older population needs. They bring expertise and willingness to help others to the Fremont community.

The Age-Friendly Action Plan update incorporates action steps that target specific, vulnerable populations, such as older Asian American Pacifici Islanders who are underserved by mental health services; older adults with complex medical conditions who can benefit from health screenings, medication reviews, service linkages to live health y lives for as long as possible, and; and LGBTQ+ older adults who have experienced a lack of community connection.

Interdepartmental Opportunities for Better Services Fremont’s Aging Population .

Some action steps are better accomplished through interdepartmental collaborative efforts that best serve aging Fremont residents. Examples of these efforts include: working with first responders to help older adults prepare for emergencies; assisting older adults with connections to supportive services; having outdoor space and infrastructure that meets the needs of older adults who may have ambulatory or other physical challenges; and supporting the growing need to interface with technology to access medical care, services and purchasing of goods.

State Master Plan on Aging Interface
In 2021, the State of California released a Master Plan on Aging that is a ten-year blueprint for advancing a California that is age friendly. The Master Plan has five domains: Housing for all Ages & Stages; Health Reimagined; inclusion & Equity, Not Isolation; Caregiving that Works; and Affordable Aging.

Since the state plan provides a conceptual layout to guide future growth and development of aging programs, the Age Friendly Action Plan update integrates the City of Fremont’s nine domains and the state’s five goals. This will position the City to align with state initiatives and possible future funding opportunities.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The updated Age-Friendly Action Plan is an organizational, and/or administrative governmental activity that is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and pursuant

6.A
Packet Pg. 69
Council Staff Report (ID # 5240) Meeting of September 17, 2024 Updated: 9/12/2024 9:26 PM by Susan Gauthier Page 4
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:
• Age Friendly Action Plan Update 2025 Final

RECOMMENDATION: Receive overview and provide comments on the Age Friendly Action Plan update.

6.A
Packet Pg. 70

AGE-FRIENDLY

FREMONT
ACTION PLAN UPDATE 2025

6.A.a
Packet Pg. 71
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Health and Wellness | 32 | Age-Friendly Fremont Action Plan

CONTENT
Fremont is Aging
Policy Platform
History
Domains
Welcome Letter from City of Fremont Senior Citizen’s Commission Key Themes
Survey Response
Age-Friendly Domains
• Health and Wellness
• Outdoor Spaces and Buildings
• Transportation
• Social Participation and Inclusion
• Volunteering and Civic Engagement
• Community Information
• Employment and Learning
• Housing
• Dementia-Related Support
Focus Groups
Age-Friendly Partners
City of Fremont Senior Citizen’s Commission
4 6
6 7
8 8
9 10
28 30
31 6.A.a
Packet Pg. 72
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Age Group
8,000
7,000
6,000
5,000
4,000
3,000
2,000
1,000
0 -1,000
-2,000 Change in Population Size
0 – 5
-1,376
5 – 17
+2,089
18 – 24
-500
25 – 44
+6,468
45 – 64
+4,896
65+
+7,545
Change in population size by age group from 2010 to 2022 Health and Wellness | 54 | Age-Friendly Fremont Action Plan Between the 2010 census and the 2022 City of Fremont community survey data, the number of older adults living in Fremont has increased. In fact, the percentage of older adults as a proportion of the City’s population has dramatically grown while some of the younger age groups have declined.

Residents over the age of 85 years increased
by almost 70% during this time period.

IS AGING

FREMONT
70%
60%
50%
40%
30%
20%
10%
0 Percentage Change of Population
% change of population by age group from 2010 to 2022
Age Group
Question options
0–5
-0.09%
5–17
Very unhappy Unhappy Neutral Happy Very Happy
+6%
18–24
-4%
25–44
+10%
45–54
-3%
55–64
+28%
65–74
+32%
75–84 85+
+68%
+12%
15 (4.3%)
7 (2.0%)
76 (22.0%)
111 (32.1%)
137 (39.6%)

6.A.a
Packet Pg. 73
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Health and Wellness | 76 | Age-Friendly Fremont Action Plan

PLATFORM
POLICY
• Seek to improve older adults’ quality of life by promoting the development of safe, accessible, and vibrant age-friendly environments. • Promote positive, purposeful roles for older adults in civic engagement, (See older adults not as a problem but as a solution).
• Promote positive images of aging which seek to affirm the aging process as a natural progression of life.
• Support County, State and Federal legislation that advances livable environments for older adults and adequate benefits through Social Security and Medicare.
• Promote the creation of neighborhoods with a strong sense of place, where neighbors support each other and share their skills and support to navigate the challenges and opportunities of aging.
• Support reliable, affordable and high-quality telecommunication for all. • Promote social networks and services which allow older adults to age safely and successfully, enjoying strong community connections, less isolation, increased independence and enhanced purpose of life.

As approved by City of Fremont Council on October 20, 2020 The City of Fremont joined the WHO/AARP effort in 2017 and completed our first Age Friendly Action Plan 2020-2025.

In 2019, Governor Gavin Newson signed an Executive Order calling for the development of the California Master Plan on Aging. In 2021, the Master Plan was launched and affirms the priority of the health and well-being of older Californians and people with disabilities. It is a ‘blueprint’ for the public and private sector to prepare the state for demographics changes. The plan outlines five goals to build a California for All Ages by 2030: Housing for All Ages & Stages; Health Reimagined; Inclusion & Equity, Not Isolation; Caregiving that Works; and Affordable Aging.

Fremont’s Age Friendly work aligns with the emergent focus at the county, state, federal, and international level to best leverage resources to meet the growing needs of our increasing older adult population.

History
The World Health Organization’s Global Age-Friendly Network was launched in 2008 to foster an exchange of experiences and provide a forum for mutual learning worldwide. In the United States the Age-Friendly effort is a partnership with the World Health Organization (WHO) and the American Association of Retired Persons (AARP). Currently there are 1,500+ cities in 51 countries who are members of the WHO Network. There are 875 AARP Age-Friendly members, including 93 AARP members in California.

Domains
Below is a crosswalk of the California Master Plan 5 Goals and the COF Age Friendly Action Plan’s Nine Domains.

California Master Plan Goals COF WHO/AARP Domains
Health Reimagined Health and Wellness
Housing for All Stages & Ages
Housing
Outdoor Spaces and Buildings
Inclusion & Equity, Not Isolation
Community Information
Volunteering and Civic Engagement
Employment and Learning Opportunities
Social Participation and Inclusion
Transportation
Caregiving the Works Dementia-Related Support
Affordable Aging

6.A.a
Packet Pg. 74
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Older adults are most concerned about:
• Being included in decisions that affect
them;
• Falling;
• Being able to prepare nutritious meals;
• Maintaining their homes; and
• Being valued.

Older adults:
• Feel connected to their
neighborhood;
• Want to participate in helping
others;
• Aspire to a long healthspan; and
• Want to learn and utilize
technology.

Health and Wellness | 98 | Age-Friendly Fremont Action Plan The City’s first Age Friendly Action Plan 2020-2025 included input from 35 focus groups that mirrored our diverse population, several community meetings, and the analysis of survey data from local older adults. This inaugural plan outlined the vision of an Age Friendly Fremont as defined by nine areas of focus, or domains.

This year, City staff revisited the domain areas once again to hear through focus groups and survey data about what has changed and what strategic actions residents recommend for continued investment in being an age-friendly city.

It is noteworthy that the Covid Pandemic disrupted older resident’s lives greatly during the Action Plan 2020-2025 time. While City services adjusted to the changed environment, such as providing social worker visits outside on client’s home porches and distributing meals to people’s cars, older adults reported missing family member visits and going to events and activities. The effects of isolation led to residents deferring medical care and feelings of sadness and depression.

Even with the pandemic and an increase in older residents, the majority of survey respondents (70%) state that Fremont is a good place to age. The City provides an array of programs from health promotion to maintain independence to case management and counseling support for those at the end of their life. An age- friendly city is a livable place for everyone. Continuing to work on age friendly excellence is a worthy goal. This update outlines action steps that incorporate the voice of older residents and can guide efforts on a short term and aspirational level.

ACTION PLAN

FREMONT AGE FRIENDLY
Update 2025
Key Themes
How concerned do you currently feel about each of the statements below? Question options
Extremely
concerned
Moderately
concerned
Somewhat
concerned
Slight
concerns
Not at all
concerned
1000 200 300 400
Being valued by your
community for pasts and
present contributions
Being included in
making decisions that
aﬀect your lifestyle
Being able to
prepare healthy,
nutritious food
Falling (being
at risk for falls)
Having the
ability to maintain
your home
Having enough income to meet
all your basic needs such as
food, medical care, housing, etc.

Finding a health
care provider
such as a doctor
Personal safety
and protection
from abuse
Being isolated
from others
70% of respondents feel Fremont is a good place to live During the Covid pandemic older Fremont residents stated they missed seeing their family as much as they usually did and missed going out to events and activities.

6.A.a
Packet Pg. 75
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Health and Wellness | 1110 | Age-Friendly Fremont Action Plan Aspirational

1. All older adults have access to
primary care provider and dental
care regardless of health benefits.

2. All older adults understand and
have plans for multiple types of
emergency events such as fires,
floods, power outages,
and earthquakes.

3. Fremont is a healthy community
to age in with a focus on supporting
modifiable lifestyles factors and
wellness activities.

4. All older adults are physically,
cognitively, and emotionally
well for as long as possible.

Current Status
• Health Promotion activities such as exercise
classes, fall prevention, health screenings,
and outdoor exercise equipment in parks.
• Social workers, resident service managers,
and health promoters provide education
and help coordinate care.
• Counselors provide individual and group
therapy.

Action Steps
Years 1 and 2: 2025-2026

1. Increase access to medication
reviews. Partner with pharmacists to
review client-provided medication
list for 100 residents annually.

Pharmacists will consult with
residents and advise them on any
issues to discuss with their doctor.

2. Train and support first responders
in providing services to older
adults. Participate in respective
departmental trainings to increase
understanding of challenges of aging,
available supportive services, and
warm handoffs.

3. Provide support for food security
and nutrition education. Provide
food pantries and farmer’s markets
that bring healthy, fresh food to
senior housing complexes and Age
Well Centers. Provide classes on the
importance of nutritious food
as health.

4. Continue to promote and increase
access to culturally sensitive
emotional wellbeing and mental
health services to underserved
populations, specifically to the
American Asian Pacific Islander
older adults by providing community
classes where AAPI older adults
naturally congregate.
5 Years: 2025-2030

1. Strengthen emergency preparedness
for older adults and their families.

Work with first responders to develop
informational materials, disseminate
information to older adults and their
caregivers, and provide 1:1 and group
trainings on preparedness. Promote
Open Data Hub links to emergency
information such as evacuation
warnings and PG&E power shut
outage alerts.

HEALTH AND

WELLNESS
An Age-Friendly community provides adequate access to all levels of healthcare and services that maintain and restore health. Accessible medical and social services and emergency planning are vital to independent living.

The Fremont Community is asking for health and wellness to be accessible, safe, and affordable.

6.A.a
Packet Pg. 76
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Health and Wellness | 1312 | Age-Friendly Fremont Action Plan Current Status
• Outdoor parks continue to be improved
to meet the needs of older adults
including adequate seating, appropriate
exercise equipment, bathrooms,
walkways, lighting, shade to rest,
and picnic areas.
• Interactive mapping applications show
locations of parks, community centers,
and recreation opportunities.
• Older adults have access to indoor
and outdoor games such as pickleball
and bocce ball.

Action Steps
Years 1 and 2: 2025-2026

1. Establish and promote walking
groups at the Age Well Centers,
in neighborhoods, senior housing,
and in parks.

2. Upgrade restrooms throughout
the city park system.

3. Add adult exercise equipment
at Central Park and widen
surrounding sidewalks.
5 Years: 2025-2030

1. Open new multi-use Community
Center at Central Park with an
outdoor living room for outside
activities.

2. Add four more pickleball courts
and a dog park at Vallejo Mill
Historical Park.

3. Public parks have easy to read
signage, intermittent benches
and restrooms, and good lighting.

Aspirational
Create outdoor programs for older adults
that encourage enjoyment of fresh air,
movement, and connection to others.

OUTDOOR SPACES

AND BUILDINGS
An Age-Friendly community has outdoor spaces that
are safe, clean, and enjoyable with adequate pedestrian infrastructure. Public buildings and businesses should be secure, welcoming, and accessible for all ages.

The Fremont Community is asking for outdoor spaces
and buildings to be inviting, safe, and educational.

6.A.a
Packet Pg. 77
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Health and Wellness | 1514 | Age-Friendly Fremont Action Plan Current Status
• Comprehensive
• Individualized
• Individual and Group
Proposed Action Steps
Years 1 and 2: 2025-2026

1. Increase multilingual Travel Training
activities at Age Well Centers and
senior housing complexes.

2. Address service equity for individuals
using wheelchairs by implementing same-
day accessible transportation services.

3. In partnership with AC Transit, provide
free tether straps and markings to identify
securement points on wheelchairs so
riders can travel safely on transit and
paratransit.

4. Offer driving safety materials and
workshops to help older adults maintain
driving safety as they age and transition
to alternative transportation options
when they are no longer able to drive.

5. Promote travel safety through the
dissemination of Vision Zero and
other pedestrian safety information.

6. In collaboration with Bike East Bay,
promote bike safety and travel through
classroom and on-the-bike workshops.
5 Years: 2025-2030

1. In partnership with Public Works
Department, conduct walking audits
of neighborhoods surrounding senior
housing facilities, shopping centers and
other activity hubs in order to identify
and improve areas needing walkability
and accessibility improvements.

2. In partnership with Public Works
Department, identify community members
with mobility limitations who may need
better access near their homes including
sidewalk repairs, curb cuts or designation
of disabled parking spaces.

Aspirational

1. Pedestrian crossings have needed signals,
flashing beacons, and adequate time for
older adults to safely cross.

TRANSPORTATION
An Age-Friendly community has a variety of reliable, accessible, and affordable transportation options along with mobility education that allows residents to be connected to all areas and services in the community.

The Fremont Community is asking for transportation to be affordable, convenient, and accessible.

6.A.a
Packet Pg. 78
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Health and Wellness | 1716 | Age-Friendly Fremont Action Plan Current Status
• Age Well Centers are community hubs to
meet friends, enjoy classes, attend cultural
activities, educational events, and have a
nutritious meal with others.
• Community Ambassador Program for
Seniors (CAPS) is a civic partnership with
local cultural, faith-based, and neighborhood
volunteers who help older adults where they
naturally congregate.

Proposed Action Steps
Years 1 and 2: 2025-2026

1. Expand celebrating diversity outreach for
LGBTQ+ Older Adults by participating in two
community events a year, like the Wellness
Expo and the LGBTQ+ Resource Fair.

2. Increase intergenerational activities
opportunities to engage with youth such
as mentoring programs, cooperative
efforts between seniors and local
elementary schools. Improve and build
upon existing programs like the Leitch
Elementary Reading program and the
Mental Health Awareness Art competition.
5 Years: 2025-2030

1. Conduct a joint annual Tri-City Senior
Commission Meetings which includes
Union City, Newark, and Fremont
Commissioners to discuss items of
mutual interest.

2. Continue to provide and expand
intergenerational technology education
and coaching at the Age Well Centers.

Aspirational:

1. Neighborhood Villages established in
multiple neighborhoods modeled after
the Greater Niles Village.

2. Events are marketed using multiple media
platforms, are easily accessible through
various public transportation options,
and have diverse written materials and
language capabilities, including American
Sign-Language.

SOCIAL PARTICIPATION

AND INCLUSION
An Age-Friendly community has affordable and accessible activities, and events and opportunities for social engagement open to people of all ages, cultures, and abilities.

The Fremont Community is asking for social participation and inclusion to be inclusive, intergenerational, and local.

6.A.a
Packet Pg. 79
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) 18 | Age-Friendly Fremont Action Plan Health and Wellness | 19 Current Status
The Aging and Family Services
Division enjoys the support of
hundreds of volunteers. Residents are
Community Ambassadors supporting
the dissemination of information and
support; Senior Peer Counselors and
Coaches that offer 1:1 support to other
older adults; Age Well Center volunteers
provide operational support including,
preparing lunch, working in the office, and
assisting visitors. Other volunteers provide
assistance with special community events
like Earth Day, Make a Difference Day, the
Wellness Expo.

Proposed Action Steps
Years 1 and 2: 2025-2026

1. Organize annual volunteer
recognition events.

2. Create awareness of volunteer
opportunities and promote health
benefits of civic engagement.

3. Age Well Centers continue to be a
hub where older adult volunteers can
find and participate in meaningful
civic engagement opportunities.
5 Years: 2025-2030

1. Develop centralized volunteer
database and systems to organize,
schedule, and track volunteer
activities, organize volunteers and
manage volunteer opportunities.

2. Create short term volunteering
opportunities to allow for autonomy
and flexibility.

Aspirational

1. Older adults are revered for being
conduits to civic engagement and
productive connections throughout
the city.

2. Create a Citywide Volunteer
Coordinator position to help promote,
recruit, train, and place older adult
volunteers in a variety of volunteer
opportunities.

VOLUNTEER AND

CIVIC ENGAGEMENT
An Age-Friendly community values the experience and
knowledge of older adults and their contribution to public decision-making for the betterment of the community.

The Fremont Community is asking for volunteer
and civic engagement to be coordinated, accessible,
and meaningful.

6.A.a
Packet Pg. 80
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Health and Wellness | 2120 | Age-Friendly Fremont Action Plan Current Status
• Monthly Age Friendly Fremont Newsletter
available in English and Chinese
• Programs are currently promoted at the Age
Well Centers, on Fremont.gov, flyers, local
cable channels, email distribution, Facebook
and the Tri-City Voice.
• Senior InfoLine is answered by experienced
social workers, offers information and
referrals, and is available in English, Mandarin,
Spanish, and Farsi.

Proposed Action Steps
Years 1 and 2: 2025-2026

1. Post information in Tri-City Voice and
other media forms once a quarter.

2. Increase awareness of technology
support to ensure older adults can use
technology to communicate, order goods
and services, access transportation and
receive telemedicine.

3. Older adults contribute to Age Friendly
Fremont Newsletter with features that
share their perspective and wisdom.
5 Years: 2025-2030

1. Promote Citywide WI-FI capacity
and support access for older adults.

2. Develop module and add information
specific to available senior services,
how to contact an Aging and Family
Services Social Worker, and relevant
resources to the City of Fremont’s
‘Fremont App’.

Aspirational
Older adults have access to accurate,
timely, local, information that is diverse,
relevant, and accessible.

COMMUNITY

INFORMATION
An Age-Friendly community has information that is timely, multilingual, delivered through multiple sources, and is distributed widely.

The Fremont Community is asking for community
information to be centralized, multilingual, and varied.

Subscribe today to the
Age Friendly Fremont
Newsletter by scanning
the QR Code to the right.

6.A.a
Packet Pg. 81
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Health and Wellness | 23
Current Activities
Current classes are offered on a regular
basis that improve computer skills,
teach English as a Second Language, and
develop writing skills.

Proposed Action Steps
Years 1 and 2: 2025-2026

1. Expand technology education
to ensure older adults can use
technology to communicate,
order goods and services, access
transportation and receive
telemedicine.

2. Promote the Workforce Training
Resource link as a tool to increase
awareness about low-cost/free,
short-term training opportunities.

3. Highlight the benefits of having
an intergenerational workforce.
5 Years: 2025-2030

1. Partner with Ohlone College Career
Center and Fremont Adult and
Continuing Education to promote an
Age-Friendly, intergenerational Job Fair.

2. Explore with the Alameda County
Workforce Investment Board an
Age-Friendly intergenerational
Symposium.

3. Offer classes helping to prepare
residents for retirement, as well
as life changes one can anticipate
with the aging process.

4. Create opportunities to mentor
students at local schools.

Aspirational

1. Older adults who need to work to
maintain financial stability have
access to supportive programs that
promote self-sufficiency and help
them reach their goals.

2. Older adults who chose to work
because they see employment as
a purposeful role in their lives have
support and options.

3. Learning opportunities are intellectually
stimulating, promote continual
growth and challenge the mind.

EMPLOYMENT AND

LEARNING
An Age-Friendly community has sufficient and varied
employment to support financial independence and
varied educational opportunities to satisfy interests
in life-long learning.

The Fremont Community is asking for employment and
learning to be supportive, affordable, and culturally diverse.

6.A.a
Packet Pg. 82
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Health and Wellness | 2524 | Age-Friendly Fremont Action Plan Current Status
• Social workers, nurses, and counselors
visit clients in their homes.
• Resident services are available at 4
low -income senior housing facilities.

Proposed Action Steps
Years 1 and 2: 2025-2026

1. Conduct home safety assessments
and provide education about improving
the home environment if indicated.

2. Continue support for unhoused
older adults.

3. Provide housing rehab services, including
home modifications to residents.
5 Years: 2025-2030

1. Support development of co-op
housing development.

2. Advocate for older adult housing
with supportive services.

3. Continue to work with housing
developers to construct affordable
housing, including supportive
housing, targeted to older adults.

4. Increase awareness about Accessory
Dwelling Unit construction.

Aspirational
• Development of additional units of affordable
housing targeted for older adults.
• An array of housing options such as shared
housing, co-housing, supportive housing,
where a service component is provided with
housing as well as independent living are
affordable and available.

HOUSING
An Age-Friendly community has housing options which
are affordable, safe, and conveniently located near public transportation, business, and services. Additionally, affordable home maintenance, safety modifications, and support to live at home are needed.

The Fremont Community is asking for housing to be affordable, convenient, and shared.

6.A.a
Packet Pg. 83
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Health and Wellness | 27
Current Status
• Annual Caregiver Retreat
• Annual Caregiver Educational Series
• Individual counseling and support
groups for caregivers
Proposed Action Steps
Years 1 and 2: 2025-2026

1. Train first responders on aspects of
dementia, including communication,
neglect, and safety for individuals
with memory loss.

2. Formalize support with first
responders to find missing older
adults within the community and
return them safely to their home.

3. Partner to train volunteers on
resources for caregivers and how
to support family caregivers in
their role.

4. Align with and participate in County
Healthy Brain Initiative to increase
awareness and advance cognitive
health as a component of public health.
5 Years: 2025-2030

1. Educate neighborhood groups
on understanding dementia care
and support.

Aspirational
• Caregivers have access to affordable,
dependable respite options.
• Individuals know where to find and
have access to local dementia diagnostic
and supportive services.
• An IHSS outpost in South County
to recruit and train local caregivers.

DEMENTIA-RELATED

SUPPORT
An Age-Friendly community respects individuals with
memory challenges and supports their network of caregivers.

The Fremont Community is asking for dementia-related
support to be high-tech, affordable, and compassionate. 26 | Age-Friendly Fremont Action Plan

6.A.a
Packet Pg. 84
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Health and Wellness | 2928 | Age-Friendly Fremont Action Plan 22%
65-74 years
11%
55-64 years
8%
85+ years
2%
with
friends
22%
with
family
33%
75-84 years
52%
married
29%
widowed
70%
Gender Age
Health
32%
11-30 years
23%
less than 10 years
46%
more than 30 years
36%
very good
70%
female
30%
male
45%
good
Years in Fremont
Martial Status
caregivers
21%
Caregivers
identiﬁed as
disabled
19%
Disability
40%
live with spouse
34%
live alone
Living Situation
19%
fair to poor
8%
single
9%
divorced
GROUPS
FOCUS
Sixteen community focus groups were held in seven languages:

English, Spanish, ASL, Dari, Hindi, Punjabi, and Chinese. • Afghan Elderly Association
• Age Well Lake Fremont
• Age Well South Fremont
• Celebrating Diversity Circle
• Cottonwood Senior Housing
• Family Caregiver Support Group
• Greater Niles Village
• Gurdwara
• Indo American Seniors Association of Fremont
• Latin American Seniors
• Oak Gardens
• Pauline Weaver Senior Housing
• Senior Citizens’ Commission
• Senior Peer Counselors
• Tri-City Elder Coalition
Focus Group Participants – Demographics
Focus Group Participants - Race and Ethnicity
3%
Pakistani
1%
Other Asian and/or
Paciﬁc Islander
4%
Black
6%
Latina/o or
Hispanic
9%
Afghan
18%
Indian
39%
White
20%
Chinese
3%
Pakistani
1%
Other Asian and/or
Paciﬁc Islander
4%
Black
6%
Latina/o or Hispanic
9%
Afghan
18%
Indian
39%
White
20%
Chinese

6.A.a
Packet Pg. 85
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Health and Wellness | 3130 | Age-Friendly Fremont Action Plan Age-Friendly Networks

WHO & AARP
City of Fremont
– City Council
– Community Development
– Community Services
– Fire
– Human Services
– Informational Technology
– Police
– Public Works
– Volunteers
Alameda County
– Adult & Aging Services
– Alameda County Health
– Behavioral Health
– City Council
– City Managers Office
– Emergency Medical Services
– Housing and
Homelessness Services
– Library
– Public Health
– Social Services Agency
Local Partners
– Alzheimer’s Association
– Bay Area Community Health
– Eden Housing
– Faith Based Agencies
– Greater Niles Village
– Haller’s Pharmacy
– Home Safety Services
– TriCity Voice
– Washington Hospital
Focus Group Facilitators
– Adriana Casas
– Aisha Jasper
– Ihande Weber
– Jesleen Singh
– Karen Grimsich
– Kimbery Tsang
– Monica Gloria
– Nita Prasad
– Rogelia Sanroman
PARTNERS SENIOR CITIZEN’S

COMMISSION

AGE-FRIENDLY CITY OF FREMONT
Esther
Orobiyi
Barbara
Hamze
Carol
Evans
Claudette
Surma
Edwin
Lee
Dr. James
Thomas
Linnette
Young
Monique
Chapman
Kathleen
Fischer
Rebecca
Garewal
Roger
Marshall
Krishnaswamy
Narasimhan
Sonia
Salwan

6.A.a
Packet Pg. 86
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) ©2024 City of Fremont
3300 Capitol Avenue Building B
Fremont CA 94537

AGE-FRIENDLY

FREMONT

6.A.a
Packet Pg. 87
Attachment: Age Friendly Action Plan Update 2025 Final (5240 : Age Friendly Fremont Action Plan Update) Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Manager's Office
Fremont, CA 94538 Category: Presentations

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5270) DOC ID: 5270
Updated: 9/13/2024 12:26 PM by Dina Lewis Page 1

HOMELESSNESS REGULATION AND ENFORCEMENT IN CONJUNCTION WITH THE U.S. SUPREME COURT’S GRANTS PASS DECISION
Contact Persons:

Name: Allen DeMers Sean Washington
Title: Deputy City Manager Police Chief
Div/Dept: City Manager's Office Police Department
Phone: 510-494-4651 510-790-6969
E-Mail: [email protected] [email protected]

Executive Summary: City of Fremont staff have adjusted some encampment management and intervention activities as greater flexibility to disperse homeless encampments has been granted in association with the recently decided City of Grants Pass U.S. Supreme Court case. City staff continue to rely on encampment management guidelines to prioritize current enforcement activity. Additional parking and encampment regulations under review are summarized in this memo and will be presented for City Council consideration at a later date.

BACKGROUND: Mayor Mei and the City Council have expressed a desire for an update on changes to the City’s encampment regulation and enforcement actions in light of the June 28, 2024 U.S. Supreme Court ruling in the City of Grants Pass case that centered around a local jurisdiction’s ability to enforce a ban on public camping when sufficient shelter for unhoused individuals is not available. The ruling reversed a Ninth Circuit decision that prohibited local restrictions on public camping as unconstitutional cruel and unusual punishment under the Eighth Amendment, unless the person was provided access to adequate temporary shelter. Staff interprets this latest ruling to allow local jurisdictions greater latitude to enforce anti-camping rules even when alternative shelter is not offered to the unhoused individual.

For the duration of the COVID-19 pandemic and its associated quarantine periods, the City of Fremont generally did not attempt to disperse or remove encampments unless adequate alternative shelter was available, or the conditions of a vehicle or camp posed a greater health and safety concern than the resulting exposure to communicable illnesses created.

Since the expiration of the Alameda County COVID-19 Health Order in February 2023, the City has increased enforcement of existing camping ordinances and parking restrictions, which lead to multiple site closures and abatements including those located at Kato Rd, Central Park, Niles Community Park, Vallejo Mill Historical Park, Bay St, Research Ave, north Christy St, Irvington Community Park and Irvington Ave & Chapel Way. The City relies on Encampment Condition Guidelines to assess how to best allocate limited enforcement and maintenance resources. Law enforcement staff responds to concerns regarding criminal behavior by all residents of the City, separate and distinct from the condition of not possessing shelter. The condition of being unhoused, in and of itself, was not and is not a crime.

On April 2, 2024, the City staff presented to City Council options and costs of implementing parking restrictions of large vehicles near schools and in parks. This meeting resulted in the

6.B
Packet Pg. 88
Council Staff Report (ID # 5270) Meeting of September 17, 2024 Updated: 9/13/2024 12:26 PM by Dina Lewis Page 2
prioritization of parking enforcement areas near schools where Safe Routes to Schools have been established. Staff has also updated its existing Encampment Condition Guidelines to include proximity to schools as a priority factor for enforcement.

On May 21, 2024, the Fremont City Council adopted the City’s first Homelessness Response Plan (HRP) which guides the development of policies, investments, and actions over the next five years to address homelessness in Fremont. The plan focuses on prevention and addressing the root causes of homelessness, while acknowledging that enforcement, in and of itself, does not resolve homelessness. Mitigation strategies in the HRP included a commitment to refining encampment response, inclusive of additional regulation.

On June 28, 2024, the U.S. Supreme Court issued their ruling in overturning the lower court’s decision in Johnson v. Grant’s Pass.

On July 25, 2024, the State of California’s Governor issued an Executive Order to State agencies regarding encampment removal that, while not directive or binding to local agencies, provides further guidance and models for assessing where and when encampment intervention should be prioritized and implemented. The executive order’s guidance is extremely high level, but generally encourages a high level of intervention across the State of California in high priority areas.

DISCUSSION/ANALYSIS: As outlined in the City of Fremont’s Homeless Response Plan enforcement alone is not a cost-effective strategy nor a means to resolve or reduce the overall number of homeless individuals in the City of Fremont. However, the Grants Pass decision allows the City additional latitude and reduces liability associated with more actively regulating and dispersing encampments. Such regulation is still governed by laws and protections, including those governing tagging and storage of removed property. It is noted that dispersing encampments without alternative shelter will resolve immediate concerns but may not achieve long-term goals to reduce homelessness.

Staff have been modifying practices and studying additional responses to better meet the Council’s and Community’s interest in enhanced enforcement, especially in certain areas and situations in which localized intervention is necessary. The City’s Encampment Conditions Guidelines were modified in August 2024 after the Grants Pass decision. The amended guidelines enhance focus on encampment regulation near schools and facilities frequented by young people.

As currently written, the City’s encampment management guidelines identify the following encampment conditions as the highest priority issues requiring intervention, regulation, or enforcement by City staff:

• Dumping of materials or liquids into waterways, storm drains, gutters, sidewalks, streets, and other public areas;
• Unsanctioned electrical or water taps;
• Trespassing, loitering, or dumping on adjacent private properties; • Parking along streets or within parking lots with posted restrictions; • Lodging or camping on public property, including City parks, with posted restrictions; • Lodging or camping near schools, daycare facilities, and/or streets designated as safe routes to school;
• Entering or staying in abandoned or vacant buildings;

6.B
Packet Pg. 89
Council Staff Report (ID # 5270) Meeting of September 17, 2024 Updated: 9/13/2024 12:26 PM by Dina Lewis Page 3
• Engaging in activities that pose a health or safety risk, such as unsanitary conditions or unsafe cooking practices in public spaces;
• Non-operable or immobile vehicles and structures on City streets; unregistered or expired vehicles;
• Destruction of property—modifying or vandalizing public spaces and infrastructure (e.g., graffiti, digging);
• Criminal activity including, but not limited to, theft, threats, acts of violence, and drug solicitation; and
• Other behaviors, including aggressive animals and individuals, preventing the City from completing work.

Activity and Intervention Since the Grants Pass Decision

Although the U.S. Supreme Court’s Grants Pass decision and Governor’s Executive Order affirmed local government’s ability to enforce laws and ordinances pertaining to camping, there has not been an increase in resources or funding to expand the capacity of cities to implement enforcement. The City of Fremont, and Alameda County as a whole, maintain a shortfall in the shelter and housing inventory, so that when enforcement actions or encampment abatements occur there is frequently not a legitimate place to which unhoused residents may relocate.

Without amending local rules, City staff continue to intervene weekly at encampment locations. Interventions include debris cleaning, vehicle towing, or abatement of property.

Since the June Grants Pass U.S. Supreme Court decision, the City has assessed 91 sites for outreach and triage of the following interventions:

• 230 site clean-ups
• 31 vehicle tows
• 9 enhanced property abatements or full site closures (Stewart Ave, Central Park, Bay St., Washington Underpass, Auto Mall Underpass, Niles Community Park, City Hall Parking lot, Paseo Padre & Walnut, Solar Way)
• 5 signage updates or replacements on City streets and within parks to facilitate compliance and additional necessary enforcement

Additional Regulatory Actions Under Consideration

Some elements of enhanced enforcement would require explicit City Council action to amend the City’s local municipal code. The following code revisions are options that the City Council may wish to consider. These options are intended first and foremost to secure compliance when regulation of an encampment is necessary and to resolve unsafe and unhealthy community conditions. The regulations are not intended to criminalize the condition of being homeless in and of itself.

The code provisions that the City Council will be presented with will offer the City Council with the option to amend regulation of the following City of Fremont Ordinances:

• Enhancing the City’s Enforcement of 72 Hour Restriction on Street Parking:

City staff are in the process of drafting municipal code revisions which clarify the City’s existing rules and make enforcement more effective in dispersing vehicles from the area when a violation occurs. Features of the policy will include:

6.B
Packet Pg. 90
Council Staff Report (ID # 5270) Meeting of September 17, 2024 Updated: 9/13/2024 12:26 PM by Dina Lewis Page 4
o Specifying the distance a vehicle must move to obtain compliance the code; and
o Specifying a no-return period mandating that vehicles move and do not return to the same location for a set duration.

• No Parking of Oversized Vehicles on Residential Streets: City staff are in the process of drafting a municipal code revision which clarifies the prohibition of all oversized vehicles (such as recreation vehicles) from parking on residential streets. o Exceptions to this rule would include a specific time period for the prepping and loading and unloading of the RV by the adjacent property owner and for oversized commercial vehicles that are providing services to the adjacent property owner, such as construction vehicles or delivery vehicles. o Prior to issuance of a citation, the person responsible for the violation must be given written notice of the parking violation.

• Citywide Camping Ban on Public Property: City staff are in the process of researching and drafting municipal code revision which will:
o Prohibit camping and storage of personal property on public land, including any street, sidewalk, park, open space, waterway, or banks of a waterway. o Create explicit enforcement authority for abatement of personal property left on public property for 24 hours.
o Authorize the City Council to adopt abatement procedures by resolution. o As with other FMC violations, administrative enforcement pursuant to Chapter

1.20 and nuisance abatement pursuant to Chapter 8.60 would apply to violations of the camping ordinance.

Barriers and Unintended Consequences to Code Revisions Under Consideration

The City’s municipal code can be amended to create new rules and new regulatory authority for City staff without direct expense. Active enforcement of those new standards will be staffing and resource dependent and enforcement will still need to be allocated to the most urgent and necessary situations in a replicable and equitable manner across the City of Fremont. Displacing homeless individuals, without alternative shelter, for the sole violation of camping in the City of Fremont, will add additional barriers to connect with and maintain health and housing services. Multiple areas within Fremont are considered “highly returnable sites” in that once an area is cleaned or cleared, there is not a reasonable mechanism to prevent camping or parking and will require additional infrastructural changes or more monitoring resources.

Staff advises that regulatory and law enforcement measure be viewed as focused, immediate interventions to address specific community concerns, while acknowledging that more sustainable reductions in overall homelessness will continue to require concerted work with the already adopted Homeless Response Plan.

FISCAL IMPACT: No fiscal impact. This is an informational item only.

ENVIRONMENTAL REVIEW: None.

ATTACHMENTS: None.

6.B
Packet Pg. 91
Council Staff Report (ID # 5270) Meeting of September 17, 2024 Updated: 9/13/2024 12:26 PM by Dina Lewis Page 5

RECOMMENDATION: Receive this informational update.

6.B
Packet Pg. 92
Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5264) DOC ID: 5264
Updated: 9/12/2024 2:48 PM by Dina Lewis Page 1
MAYOR MEI REFERRAL: Referral for Consideration of the Initiation of Censure Proceedings
Contact Persons:

Name: Lily Mei
Title: Mayor
Div/Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

MAYOR MEI REFERRAL: Referral for Consideration of the Initiation of Censure Proceedings

This item requests that the City Council consider initiating censure proceedings to determine whether Councilmember Cox violated the City of Fremont City Council Handbook, Chapter 1, section D, which defines the role and responsibilities of the Mayor, as well as, Appendix D, which details the Ceremonial Document Request procedure.

This referral requests that the City Council initiate the censure process by directing City staff to return to provide a summary of censure procedures, including of any due process requirements, for the Council’s review.

7.A.1
Packet Pg. 93
Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5265) DOC ID: 5265
Updated: 9/12/2024 1:12 PM by Dina Lewis Page 1
MAYOR MEI REFERRAL: Appointment to Advisory Body
Contact Persons:

Name: Lily Mei
Title: Mayor
Div/Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

MAYOR MEI REFERRAL: Appointment to Advisory Body

ATTACHMENTS:
• Planning Commission Applications

APPOINTMENT:

Advisory Body Appointee Term Expires

Planning Commission Benjamin Craig 12/31/2027

RECOMMENDATION: Approve appointment.

7.B.1
Packet Pg. 94
-1-
Board and Commission Application

Board or Commission you wish to serve on: _____________________________

(Planning Commission applicants: Please attach supplemental questionnaire)

Submit application to:

Office of the City Clerk
3300 Capitol Avenue, Building A
P.O. Box 5006
Fremont, CA 94537-5006

Personal Information:

Mr. q
Mrs. q
Ms. q
Name: ______________________________________________________________________ Last First MI

Home Address: ___________ _________ ____ __________ _______ Street City State Zip

Home Telephone: _ _____________ Work Telephone: ____________

E-mail: ________________________ Fax:___________________________

Resident of the City of Fremont: ____________ years

Demographic Information:

Ethnicity:
□ American Indian or Alaskan Native □ Chinese
□ Black or African American □ White
□ Afghan □ Vietnamese
□ Mexican □ Filipino
□ Indian □ Pakistani

□ Other Asian origin: ________________ (write-in optional) □ Other African origin: _______________ (write-in optional) □ Other Hispanic, Latino, or Spanish origin: __________ (write-in optional)

Planning Commission
X
Craig Benjamin J
(
25 x

7.B.1.a
Packet Pg. 95
Attachment: Planning Commission Applications (5265 : Mayor Mei Referral: Appointment to Advisory Body; Boards & Commissions; Bodies) -2-
Gender: □ Male □ Prefer to self-identify □ Female □ Prefer not to say Language(s) Spoken: _____________________ Background Information: Why do you wish to serve as a member of this Board or Commission: ____________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ What would you bring by way of perspective or experience to this Board or Commission: _____ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Employment/Volunteer Information: Please list any qualifications you feel would provide positive input to the work of the commission. Organization: _______________________________________ Dates: ____________________ Location: ________________________________ Position(s): __________________________ Responsibilities/accomplishments: ________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Organization: _______________________________________ Dates: ____________________ Location: ________________________________ Position(s): __________________________ x
English, German, Dari, some
Pushtu and Urdu
As a long time resident of
Fremont, and an owner of a local business, I believe that you love you city. That means get involved and work to make the place you live, work, and play better for all, and this commission is an area that I can help.

Not only being a local resident, but a contractor as well will provide additional perspective that can help create good reccomendations for the council.

City of Fremont 2018- current
Fremont
Economic Develomenc Advisory
Commissioner
I am a commissioner supporting the Economic Development Advisory Commission.

Tri City Electric 1999-2011
Fremont Froreman Electrican

7.B.1.a
Packet Pg. 96
Attachment: Planning Commission Applications (5265 : Mayor Mei Referral: Appointment to Advisory Body; Boards & Commissions; Bodies) -3-
Responsibilities/accomplishments: ________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Organization: _______________________________________ Dates: ____________________ Location: ________________________________ Position(s): __________________________ Responsibilities/accomplishments: ________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Organization: _______________________________________ Dates: ____________________ Location: ________________________________ Position(s): __________________________ Responsibilities/accomplishments: ________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Community Activities that you have been involved with (feel free to attach separate pages): ____________________________________________________________________________ Name of Organization Position/Responsibilities/Accomplishments Dates ____________________________________________________________________________ ____________________________________________________________________________ Name of Organization Position/Responsibilities/Accomplishments Dates ____________________________________________________________________________ Special awards or recognitions you have received: ________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Fremont Uniﬁed School District 2022-current
Fremont
FAC- Committee ofﬁcer
Developed long range facilities plan for school district.

Jemby Electric Inc 2011-current
Fremont
President
Founded and Run and electrical contracting business.

Fremont Community Church Elder
Estimated, Designed and implemented installs for
customers around the bay area.
2011-2021

7.B.1.a
Packet Pg. 97
Attachment: Planning Commission Applications (5265 : Mayor Mei Referral: Appointment to Advisory Body; Boards & Commissions; Bodies) -4-
Education Information:

____________________________________________________________________________ Educational Institution Degree/Diploma Field Year

Additional Information (Please provide any other information which you feel would be useful to the City Council in reviewing your application.)

____________________________________________________________________________

Civic service is a privilege and responsibility of interested, qualified, sincere citizens. The value and importance of wide participation of a large number of citizens cannot be measured. Your interest in serving on a board or commission of the City of Fremont is greatly appreciated.

General Information: Your application is a public document and will be kept on file for one year.

If you would like additional information, please call the City Clerk’s Office, at (510) 284-4060.

Please sign and date your application and submit to the Office of the City Clerk.

Thank you.

_____ ________________ _____________________________
Signature Date

Ohlone College AA Business 2002
California State University Hayward BA Political Science 2004 I appreciate the opportunities that the Council has provided for me to serve the community I love. If selected I look forward to supporting the Council in this new role. Thank you for your consideration. 8/15/24

7.B.1.a
Packet Pg. 98
Attachment: Planning Commission Applications (5265 : Mayor Mei Referral: Appointment to Advisory Body; Boards & Commissions; Bodies) ONLY APPLICANTS FOR THE OFFICE OF PLANNING COMMISSIONER NEED RESPOND You are requested to provide written answers in your own words to the following questions. Please use 8-1/2x11 inch standard size paper and write legibly or type. Thank you. 1. What do you feel are some of the factors which go into making a residential neighborhood a “good place to live?” What factors contribute to a good commercial or industrial area? What are some of the negative factors to the above? 2. What do you perceive to be the primary “planning” issues facing the community now and over the next three years? Have you any ideas of how the community should approach solutions to theses issues? 3. How do you perceive the correct role of the Planning Commission regarding site and architectural reviews of commercial and industrial buildings? Do you feel you can reflect the community’s “aesthetic” values in reviewing the design of a building? Why? What are the rights of the property owner/developer that the Commission should respect? 4. As land values continue to increase, so called “affordable housing” becomes more and more difficult to incorporate into the Planning concept. What are your thoughts on this aspect of future planning? 5. Planned Districts (PD’s) have been used extensively in Fremont to provide the City with a means to negotiate conditions with developers pertaining to their projects. Please state your views, “pro” or “con.” 6. What do you believe is the responsibility of a Planning Commissioner to the community? To the developer? To the City Council?

7.B.1.a
Packet Pg. 99
Attachment: Planning Commission Applications (5265 : Mayor Mei Referral: Appointment to Advisory Body; Boards & Commissions; Bodies) Benjamin Craig Planning Commission Application 8/15/2024 1. Having parks, groceries, schools, public transportation, and other amenities close to residential neighborhoods are physically make it a good place to live. Having engaged communities, activities, safety and recreation are important non physical pieces to a good residential neighborhood. Good commercial or industrial areas have great infrastructure like public transit, good access to highways, adequate power available, low crime, and affordable residential areas near by. Negative factors for business and residential are bad infrastructure(transport and power), crime, long commutes, and poor schools. 2. Fremont continues to shift from a suburban town to an urban city. Our buildings are going up, and becoming more dense. How do we continue to develop and have multiple modes of transportation to those developments. 3. The commissioners should be looking at how the development fits in the area. Does is move things forward in that area. As a resident of the city for 25 years and some one who has spent the same amount of time in construction, I have a good feel for the aesthetics of the community. The commission should respect owner/developer rights that match with the cities’ general plan. 4. Find religious non profits who are willing to convert their spare land to develop into housing. 5. Planned districts can help give each neighborhoods efficient land use for types of developments, infrastructure can be coordinated, done well it can lead to good economic development, make sure there are proper parks and transportation. 6. A planning commission can help the city council as an advisory role, review and have oversight on projects, and potentially resolve conflict between developers and neighbors. For the Developer the commission can give guidance and support, evaluate projects and hear from the public during meetings on projects.

7.B.1.a
Packet Pg. 100
Attachment: Planning Commission Applications (5265 : Mayor Mei Referral: Appointment to Advisory Body; Boards & Commissions; Bodies)

7.B.1.a
Packet Pg. 101
Attachment: Planning Commission Applications (5265 : Mayor Mei Referral: Appointment to Advisory Body; Boards & Commissions; Bodies)

7.B.1.a
Packet Pg. 102
Attachment: Planning Commission Applications (5265 : Mayor Mei Referral: Appointment to Advisory Body; Boards & Commissions; Bodies)

7.B.1.a
Packet Pg. 103
Attachment: Planning Commission Applications (5265 : Mayor Mei Referral: Appointment to Advisory Body; Boards & Commissions; Bodies)

7.B.1.a
Packet Pg. 104
Attachment: Planning Commission Applications (5265 : Mayor Mei Referral: Appointment to Advisory Body; Boards & Commissions; Bodies)

7.B.1.a
Packet Pg. 105
Attachment: Planning Commission Applications (5265 : Mayor Mei Referral: Appointment to Advisory Body; Boards & Commissions; Bodies)

Fremont City CouncilSeptember 17, 2024

Fremont City Council
September 17, 2024