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Agenda packet, regular meeting

Fremont City Council
October 8, 2024

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Agenda packet, regular meeting
Meeting
October 8, 2024
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Fremont City Council
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11
Original file
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Text extracted from the city's file for reading and search. Open the original on fremont.primegov.com. That file is the official record.

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Desrie Campbell, Vice Mayor
Teresa Keng, District 1
Kathy Kimberlin, 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
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Fremont City Council Agenda and
Report
October 08, 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 - October 08, 2024

October 8, 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 October 8, 2024, City Council meeting online via Zoom https://us06web.zoom.us/j/89665003590
Meeting ID: 896 6500 3590

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.

October 8, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
October 08, 2024
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

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

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

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. APPROVAL OF MINUTES – for the Regular Meeting of May 21, 2024, the Regular Meeting of June 4, 2024, the Special and Regular Meetings of June 11, 2024, the Special and Regular Meetings of June 18, 2024, the Special and Regular Meetings of July 9, 2024, the Special and Regular Meetings of July 16, 2024, and the Special Meeting of July 23, 2024 Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

RECOMMENDATION: Approve minutes.

C. AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BAY AREA COMMUNITY SERVICES - Authorize the City Manager to Execute an Agreement with Bay Area Community Services for the Wellness Center Contact Persons:

Name: Robert Lopez Christina Briggs
Title: CDBG Administrator Assistant City Manager
Dept: Human Services Department City Manager's Office
Phone: 510-574-2043 510-284-4022
E-Mail: [email protected] [email protected]

October 8, 2024 Fremont City Council Page 4
RECOMMENDATION: Authorize the City Manager, or her designee, to enter into an agreement with Bay Area Community Services from July 1, 2024 to June 30, 2027, for a total amount not to exceed $1,431,939, to allow BACS to continue operating the Wellness Center, which serves people experiencing homelessness as described in this report.

D. REGIONAL MEASURE 3 GRANT FUNDING - Adopt Resolution of Project Compliance to Support Receiving $1,078,000 in Regional Measure 3 Grant Funds from the Metropolitan Transportation Commission for the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project (PWC9026); Appropriate the Grant Funds, and Make Findings of CEQA Exemption
Contact Persons:

Name: Eric Hu Noe Veloso
Title: Principal Transportation
Engineer
Assistant City Engineer
Dept: Public Works Public Works
Phone: 510-494-4542 510-494-4774
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Adopt resolution of project compliance to support receiving $1,078,000 in Regional Measure 3 grant funds from the Metropolitan Transportation Commission for the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project (PWC9026).

2. Appropriate $1,078,000 of Measure 3 grant funds to PWC9026-571 in the Miscellaneous Capital Grants Fund.

3. Find the action is exempt from CEQA review per CEQA Guidelines, section 15061 9(b)(3).

E. ACTC FUNDING APPLICATIONS - Adopt Resolution of Local Support for the Submittal of Project Applications to the Alameda County Transportation Commission (ACTC) for their 2026 Comprehensive Investment Program Call for Projects for the Following Three Projects: 1) Fremont Boulevard Multimodal Corridor (Downtown to Irvington) Project, 2) Centerville Quiet Zone/Railroad Crossing Safety Improvement Project, and 3) South Grimmer/Osgood Road Intersection Improvement Project; and Make Findings of CEQA Exemption
Contact Persons:

Name: Eric Hu Noe Veloso
Title: Principal Transportation
Engineer
Assistant City Engineer
Dept: Public Works Public Works
Phone: 510-494-4542 510-494-4774
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Adoption of the Resolution of Local Support for the Fremont Boulevard Multimodal Project (Downtown to Irvington);

2. Adoption of the Resolution of Local Support for the Centerville Quiet Zone/Railroad Crossing Safety Improvements Project;

3. Adoption of the Resolution of Local Support for the South Grimmer/Osgood Road Intersection Improvement Project; and

4. Find the action is exempt from CEQA review per CEQA Guidelines, section 15061 9(b)(3).

October 8, 2024 Fremont City Council Page 5
F. I-880/DECOTO INTERCHANGE MODERNIZATION PROJECT - Approval of Funding Agreement with the Alameda County Transportation Commission for the Design Phase of the I-880/Decoto Road Interchange Modernization Project (PWC9022); Accept and Approve Appropriation of Measure BB Funds in the Amount of $2,400,000 to the Project; Approve a Professional Services Agreement with Mark Thomas & Company, Inc. in the Amount of $2,425,000 (Including 10% Contingency) for Project Design Services; Other Appropriation Actions; and Make Finding of CEQA Exemption.

Contact Persons:

Name: Eric Hu Noe Veloso
Title: Principal Transportation
Engineer
Assistant City Engineer
Dept: Public Works Public Works
Phone: 510-494-4542 510-494-4774
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the I-880/Decoto Interchange Modernization Project (PWC9022):

1. Authorize the City Manager or her designee to execute a funding agreement with ACTC.

2. Appropriate $2,400,000 in ACTC Measure BB funds to PWC9022-504.

3. Reallocate $25,000 in State Gas Tax (SB1) funds from PWC8234-134 to PWC9022-134.

4. Authorize the City Manager or designee to execute a Professional Service Agreement with Mark Thomas & Company, Inc., in an amount not to exceed $2,425,000 for design services.

5. Find that the actions are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b) (3).

G. ON-CALL GEOTECHNICAL PEER REVIEW SERVICES - Approval of Agreements for On-Call Geotechnical Peer Review Services with Cotton, Shires and Associates, Inc. and Ninyo & Moore Geotechnical & Environmental Sciences Consultants in the amount of $1,250,000 per Agreement; Make Finding of CEQA Exemption
Contact Persons:

Name: Jian Huang Noe Veloso
Title: Senior Civil Engineer Assistant City Engineer
Dept: Public Works Public Works
Phone: 510-494-4733 510-494-4774
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approve and authorize the City Manager or her designee to execute a Master Service Agreement with the following consultants:

1. Cotton, Shires and Associates, Inc. for on-call geotechnical peer review services for a total not-to-exceed compensation of $1,250,000 for five years.

2. Ninyo & Moore Geotechnical & Environmental Sciences Consultants for on-call geotechnical peer review services for a total not-to-exceed compensation of $1,250,000 for five years.

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

October 8, 2024 Fremont City Council Page 6
H. 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.

I. REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES - Consideration of Revisions to the Council Handbook to Update the Procedure for Requests for Ceremonial Recognition, Add a Handbook Acknowledgement Form, and Make Minor Clerical Corrections to the Document.

Contact Persons:

Name: Rafael Alvarado
Title: City Attorney
Dept: City Attorney's Office
Phone: 510-284-4030
E-Mail: [email protected]

RECOMMENDATION: Adopt a resolution amending the City Council Handbook of Rules and Procedures.

3. Ceremonial Items - None

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

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

October 8, 2024 Fremont City Council Page 7

5. Scheduled Items
A. INTRODUCE ORDINANCE AMENDING THE COMPOSITION OF THE GEORGE W. PATTERSON HOUSE ADVISORY BOARD - Referral from the Recreation Commission and the George W. Patterson House Advisory Board to amend the composition of the Patterson House Advisory Board
Contact Persons:

Name: Irene Jordahl Michael Sa
Title: Recreation Superintendent II Deputy Director of Community Services
Dept: Community Services Community Services
Phone: 510-494-4322 510-494-4372
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Waive the first reading and introduce the attached ordinance amending Section 2.20.560 of the Fremont Municipal Code.

2. 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.

6. Other Business
A. PARKING ENFORCEMENT AUTHORITY ORDINANCE - Introduce an Ordinance Amending Section 10.05.550 and Adding Section 10.05.555 to the Fremont Municipal Code to Enhance Parking Enforcement Authority 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]

RECOMMENDATIONS:

1. 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.

2. Waive the first reading and introduce the attached ordinance amending Section 10.05.550 and adding Section 10.05.555 to the Fremont Municipal Code.

3. Direct the City Clerk to post and publish the ordinance in accordance with Government Code Section 36933(c)(1).

October 8, 2024 Fremont City Council Page 8

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

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]

APPOINTMENT:

Advisory Body Appointee Term Expires

Economic Development Advisory Commission Stephen Kapp 12/31/2027 Commercial/Industrial Representative

RECOMMENDATION: Approve appointment.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
October 8, 2024 Fremont City Council Page 9

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

October 8, 2024 Fremont City Council Page 10

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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 CANCELLED: City
Council Meeting

October 22, 2024 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
October 29, 2024 No 7PM City Council Meeting
(5th Tuesday)
November 5, 2024 CANCELLED: City
Council Meeting

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 FUSD 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)

January 7, 2025 7:00 p.m. City Council Meeting Council
Chambers
January 14, 2025 7:00 p.m. City Council Meeting Council Chambers
January 21, 2025 7:00 p.m. City Council Meeting Council Chambers
January 28, 2025 CANCELLED: CC/FUSD
Liaison Committee Meeting

Fremont City Council Meeting: 10/08/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5288) DOC ID: 5288
Updated: 10/4/2024 8:12 AM by Dina Lewis Page 1
APPROVAL OF MINUTES – for the Regular Meeting of May 21, 2024, the Regular Meeting of June 4, 2024, the Special and Regular Meetings of June 11, 2024, the Special and Regular Meetings of June 18, 2024, the Special and Regular Meetings of July 9, 2024, the Special and Regular Meetings of July 16, 2024, and the Special Meeting of July 23, 2024
Contact Persons:

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

APPROVAL OF MINUTES – for the Regular Meeting of September 3, 2024, the Regular Meeting of September 10, 2024, the Special and Regular Meetings of September 17, 2024, and the Special and Regular Meetings of October 1, 2024.

ATTACHMENTS:
• Draft Minutes

RECOMMENDATION: Approve minutes.

2.B
Packet Pg. 11

*Consent Items

Page 1 ends

MINUTES

FREMONT CITY COUNCIL MEETING
SEPTEMBER 3, 2024

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:01 p.m.

B. Flag Salute: Councilmember Keng led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Shackelford shared information regarding items of Council/community interest and introduced colleagues.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* B. Mayor Mei opened considera tion of Approval of Minutes for the Regular Meeting of May 21, 2024, the Regular Meeting of June 4, 2024, the Special and Regular Meetings of June 11, 2024, the Special and Regular Meetings of June 18, 2024, the Special and Regular Meetings of July 9, 2024, the Special and Regular Meetings of July 16, 2024, and the Special Meeting of July 23, 2024.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council approved minutes.

2.B.a
Packet Pg. 12
Attachment: Draft Minutes (5288 : Approval of Minutes - 2024-09-03 - 2024-10-01)

*Consent Items

Page 2 ends

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* C. Mayor Mei opened consideration of Report of Actions Taken by the City Manager during Council Recess, July 17, 2024, through September 2, 2024.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council received report acknowledging actions taken by the City Manager or her designee during the recess.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* D. Mayor Mei opened considera tion of Approving the Plans and Specifications; Award a Construction Contract to S&H Construction, Inc. for the Bid Amount of $848,595, plus a 20% Construction Contingency Amount of $169,719, for a Total Construction Contract Amount of $1,018,314, for the Centerville Community Park Restroom and Underground Utilities Project; and find that the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:

1. Found that the project is categ orically exempt as a Class 1 facility (Replacement and Reconstruction of Existing Facilities) under Section 15302 of the Guidelines of the California Environmental Quality Act and that no further environmental review is required based on the Council’s prior approval of a mitigated negative declaration for the entire Centerville Community Park Project.

2. Approved the Plans and Specificat ions for the Centerville Community Park Restroom and Underground Utilities (PWC 8392B).

3. Accepted the bid; award a construction contract; and authori ze the City Manager or her designee to execute a contract for the Centerville Community Park Restroom and Underground Utilities Project with S&H Construction, Inc. for the amount of $848,595 and a 20% contingency amount of $169,719 for a total construction contract amount not to exceed $1,018,314.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

2.B.a
Packet Pg. 13
Attachment: Draft Minutes (5288 : Approval of Minutes - 2024-09-03 - 2024-10-01)

*Consent Items

Page 3 ends

* E. Mayor Mei opened considera tion of Approving the Plans and Specifications; award a Construction Contract in the amount of $1,697,847 to Guerra Construction Group, plus a 15% Construction Contingency in the amount of $254,677 for a total construction contract amount of $1,952,524; and find the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Existing Facilities), 15304 (Minor Alterations to Land), Section 15303 (New Construction or Conversion of Small Structures), Section 15311 as a minor accessory structure appurtenant and Section 15183 (Projects Consistent with Community Plan or Zoning) per Environmental Impact Report SCH#2010082060.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:

1. Found the project to be categoric ally exempt under California Environmental Quality Act (CEQA) Guidelines Section 15301 – Existing Facilities, Section 15304 – Minor Alterations to land, Section 15303 – New Construction or Conversion to Small Structure, Section 15311 as a minor accessory structure to an existing facility, and Section 15138 – Projects Consistent with Community Plan or Zoning per Environmental Impact Report (SCH#2010082060) with Section 15162 and 15163 which require no subsequent or supplemental EIR.

2. Approved the plans and specifi cations for the Central Park Exercise Equipment and Pathway at East Meadow, PWC 8872, 9000 and 9003.

3. Accepted the bid, award and authorize the City Manager or he r designee to execute the construction contract to Guerra Construction Group for the Bid of $1,697,847, plus 15% contingency in the amount of $254,677, for a total construction contract amount of $1,952,524 for the Central Park Exercise Equipment and Pathway at East Meadow Project, PWC 8872, 9000 and 9003.

Ayes: Mayor Mei, Vice Mayor Cam pbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* F. Mayor Mei opened consideration of Authorization to Execute Agreement with Alameda County Behavioral Health and La Familia to provide Mental Health Services; and Making Findings of CEQA Exemption.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager or her designee to execute two FY 2024/25 agreements totaling $3,063,014 including:
a. an agreement with Alameda Count y Behavioral Health (ACBH), in the amount of $2,795,126; and
b. an agreement with La Fa milia, in the amount of $267,888.

Ayes: Mayor Mei, Vice Mayor Cam pbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

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* G. Mayor Mei opened consideration of Authorizing the City Man ager to Execute a Second Amendment to Provide Housing Transition Navigation and Housing Tenancy and Sustaining Services and Making Findings of CEQA Exemption. (Alameda County Community Supports Amendment)
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:

1. Authorized the City Manager or her designee to execute a Second Amendment with Alameda County in an amount not to exceed $228,000 for the City to provide Housing Transition Navigation and Housing Tenancy and Sustaining Services.

2. Found that the action is exempt from CEQA pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), (4) and/or (5) and/or 15061(b)(3), each as a separate and independent basis for CEQA exemption, as it is a fiscal or administrative activity of a government agency that has no possibility, either directly or indirectly, to cause a significant effect on the environment.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* H. Mayor Mei opened consideration of Authorizing the City Man ager to Execute an Agreement with Abode Services for Permanent Local Housing Allocation Funding for Sunrise Village Shelter and Associated Appropriation Actions.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager or her designee, to execute a two-year agreement with Abode Services to support the operation of the Sunrise Village Emergency Shelter, in an amount not to exceed $300,000; and appropriate $150,000 in Permanent Local Housing Allocation funding to Fund 190 in FY 2024/25.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* I. Mayor Mei opened consideration of Approval of Plans and Sp ecifications; Award of Contract to James Day Construction, Inc., dba Coastal Mountain Electric in the Amount of $873,997.70 (including 15% Contingency) for the Fire Stations Nos. 4 & 10 Backup Generator Replacement Project (PWC8393); Make Findings of CEQA Exemption.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council Approved the following actions related to the Fire Stations Nos. 4 and 10 Generator Replacement Project (PWC8393):

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1. Approved Plans and Specifi cations for the project.

2. Accepted the Bid and award the construction contract to the lowest responsive and responsible bidder, James Day Construction, Inc., dba Coastal Mountain Electric, in the amount of $759,998.00 and allocate a 15% contingency in the amount of $113,999.70 for a total construction contract amount of $873,997.70 and authorize the City Manager or designee to execute the contract.

3. Found the project is exempt fro m the CEQA review pursuant to CEQA Guidelines pertaining to the replacement of an existing generator system involving negligible or no expansion of capacity.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* J. Mayor Mei opened consideration of Accepting and Appropriat ing the Last Mile Federal Funding Account (FFA) Grant Funds in the amount of $7,690,056.20 for the City of Fremont Last Mile Broadband Project.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:

1. Accepted the Last Mile Federal Funding Account Grant funding in the amount of $7,690,056.20.

2. Appropriated $7,690,056.20, as well as any additional supple mental funding, in the Federal Capital Grants Fund, PWC9118-522.

3. Authorized the City Manager or her designee to execute all necessary agreements and documents in connection with the grant award.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* K. Mayor Mei opened consideration of Authorization to Execute Task Order to the Joint Powers Agreement with the City of Union City for FY 2024/25 Paratransit Services; and Making Findings of CEQA Exemption.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager or her designee to execute Task Order No. 13 to the existing Joint Powers Agreement with the City of Union City for the provision of FY 2024/25 Wheelchair Accessible Van services to Fremont and Newark residents, in the amount not to exceed $400,000, and made a finding of CEQA exemption.

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Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* L. Mayor Mei opened considerati on of Authorization to Execute Agreements with Alameda County Transportation Commission for Paratransit Discretionary Grant Program Funding; Authorization to Execute Agreement with Nomad Transit LLC (a subsidiary of Via Transportation, Inc.) for Ride-On Tri-City!’s Wheelchair Accessible Van Service; and Making Findings of CEQA Exemption. (Transportation Services for Older Adults) On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:

1. Approved and authorized the Cit y Manager to execute a five-year agreement (FY 2024-2029) with Alameda CTC for $875,000 for Ride-On Tri-City’s Mobility Management and Travel Training Program.

2. Approved and authorized the Cit y Manager to execute a three-year agreement (FY 2024-2027) with Alameda CTC for $525,000 for Ride-On Tri-City’s On-Demand WAV Pilot Program.

3. Authorized the City Manager or her designee to execute an agreement with Nomad Transit LLC for the provision of Wheelchair Accessible Van services through June 30, 2027, in an amount not to exceed $2,560,000.

4. Made findings of CEQA exemption.

Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* M. Mayor Mei opened consideration of Approving and Authorizin g the City Manager to Execute a $203,211 Agreement for FY 2024/25 with Alameda County Health to Support Human Services Programs, including the Fremont Family Resource Center Family Support Services program and Youth and Family Services Division's Why Try Cognitive Behavioral Groups program and Appropriate Additional Funds; and Making Findings of CEQA Exemption. (Youth and Family Opportunity Programs) On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager or her designee to execute an agreement with Alameda County Health in the amount of $203,211, and appropriate an additional $9,201 to Fund 179 (Support Services – ACHCSA) to cover the agreement as described in the report.

Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

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* N. Mayor Mei opened consideration of Amending Master Services Agreement with KHIT Consulting to further Assist in Optimizing New Electronic Health Record Database; and Making Findings of CEQA Exemption.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager or her designee to amend the Master Services Agreement with KHIT Consulting, Inc. to increase the not-to-exceed amount by $226,325, for a new total not- to-exceed amount of $300,000 for the optimization of the HSD Netsmart MyEvolv electronic health record system.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* O. Mayor Mei opened consideration of Approving Plans and Spec ifications for the project PWC 9051; Awarding a Construction Contract for the Bid Amount of $717,706 to Landscape Pros ML Inc. dba Construction Pros ML and Allocating a 10% Construction Contingency of $71,771 for a Total Contract Amount of $789,477 for the Booster Neighborhood Park Playground Upgrades and Replacement Project PWC 9051; and finding that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15301, 15303, 15304, 15311, and 15183.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:

1. Approved the plans and specifi cations for the Booster Neighborhood Park Playground Upgrades and Replacement Project (PWC9051).

2. Accepted the bid withdraw of K erex Engineering, Inc. and accepted the bid and awarded a construction contract to Landscape Pros ML Inc. dba Construction Pros ML for the Base Bid of $717,706 and allocated a 10% Construction Contingency amount of $71,771, for a total construction amount of $789,477.

3. Found that the project is exe mpt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, per Section 15301, as the project occurs within an existing area of an established park; Section 15303, as the utility extensions are minor modifications and are limited to relocation of drainage lines; Section 15304, as the project involves minor alterations to land; Section 15311, as the play equipment installation is a minor accessory structure appurtenant to an existing institutional facility; and Section 15183, as the project is consistent with the land use envisioned for the site as established by the General Plan.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

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* P. Mayor Mei opened consideration of Approving a Professional Services Agreement with LCC Engineering & Surveying, Inc., in the Amount of $954,500.00 (Including 15% Contingency), for Design Services for the Fremont Boulevard Elevated Bikeway Improvement Project (PWC9100B); Appropriation Actions; and Make Findings of CEQA Exemption.(Fremont Boulevard Multimodal Corridor Project) On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council Approved the following actions related to the Fremont Boulevard Elevated Bikeway Improvement Project (PWC9100B):

1. Authorized the City Manager or her designee to execute a Professional Services Agreement with LCC Engineering & Surveying, Inc., in an amount not to exceed $954,500 for design services.

2. Allocated $200,000 from unallocat ed Traffic Impact Fee fund balance – Fund 531 and appropriated it to PWC9100-531.

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

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* Q. Mayor Mei opened consideration of Approval to Revise Munic ipal Code to Reflect IRS Guidance on Acknowledging Donations (Fremont Municipal Code Section 3.20.090(b)) On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council introduced an ordinance amending the Fremont Municipal Code to reflect IRS guidance on acknowledging donations.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

3. CEREMONIAL ITEMS
A. Proclamation: American Muslim Appreciation Month (August 202 4)

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4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications

Mayor Mei opened the public comment period. The following people commented: Zameel Imaduddin, Lee Stilwell, Diann Castleberry (representing AC Transit, provided a hand-out), Hiu Ng, Sai Nagarajan, Salim Mastan, Sarabdeep S. Gill, and Naseer Irfan. There being no additional speakers, Mayor Mei closed the public comment period.

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS
A. Mayor Mei opened considerati on of Options for Filling a Vacant Council Seat.

Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City’s Agenda Center on Fremont.gov, and were placed on file.

See Green Sheet on file regarding administrative correction to the Fiscal Impact of a special election, as noted in the staff report.

Mayor Mei opened the public comment period. The following people commented: Yonggang Zhang, Linda Dewlaney, Cyndy Mozzetti, Narda Mamou, John Hinds, Herbert Chiu, Vinita Verma, Henry Lian, and Hiu Ng. There being no additional speakers, Mayor Mei closed the public comment period. Staff responded to questions from Councilmembers. Councilmembers provided comment.

On a motion by Councilmember Salwan, seconded by Vice Mayor Campbell, the City Council approved inviting Kathryn Kimberlin, the second highest vote-getter from the 2022 District 3 election to the September 10, 2024, City Council Meeting for an interview and possible appointment to the District 3 seat.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Shao, Salwan, and Cox
Noes: Councilmember Kassan

Absent: None
Abstain: None

7. ITEMS REFERRED B Y COUNCILMEMBERS
A. Council Referrals

1. Mayor Mei opened consideration of Mayor Mei Referral: Design ation of League of California Cities Annual Conference Voting Delegate

On a motion by Mayor Mei, seconded by Councilmember Shao, the City Council by motion, appointed Councilmember Raj Salwan as the City’s voting delegate for the League of

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California Cities Annual Conference and Mayor Lily Mei and Vice Mayor Desrie Campbell as the voting alternates.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

2. Mayor Mei opened consideration of Councilmember Salwan Refer ral: Proposal for Addressing Retention and Staffing Challenges in the Fremont Police Department

Councilmember Salwan introduced his referral, Mayor Mei opened the public comment period.

The following people commented: Alexander Gregory (President of the Fremont Police Association), Hiu Ng, Sai Nagarajan, Golden Shao, and John Hinds. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Salwan, seconded by Vice Mayor Campbell, the City Council directed staff to schedule and bring this proposal to a future closed session for further consideration, including retention and recruitment incentives.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Shao, Salwan, and Cox
Noes: Councilmember Kassan

Absent: None
Abstain: None

B. Appointments to Boards, Commissions, Committees

1. Mayor Mei Opened for considera tion of Mayor Mei Referral: Appointments and Reappointments to Advisory Bodies

Appointments:

Advisory Body A ppointee Term Expires

Economic Development Advisory Commission Sainath Nagarajan 12/3 1/2027 At-Large Representative

Historical Architectural Review Board Naveen Govind 12/31/2027

Human Relations Commission Preeti Shukla 12/31/2025
Sarika Paralkar 12/31/2026

Mobility Commission Frank Ponciano 12/31/2027
Bicycling Representative 2

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Advisory Body A ppointee Term Expires

Rent Review Board Dale Miller 12/31/2027
Landlord Representative

Rent Review Board Sunita Lodha 12/31/2027
Neutral Third Party - Alternate

Youth Advisory Commission Gavia Grewal 12/31/2025
Audrey Tong-Nomoto 12/31/2025
Tia Mehta 12/31/2024
Zimeng Wang 12/31/2025
Anagha Sainaith 12/31/2025
Aryav Dube 12/31/2024
Lemeng Kong 12/31/2024
Shamak Gowda 12/31/2024
Kaitlyn Huynh 12/31/2024
Maryam Wazwaz 12/31/2025

On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council approved appointments.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: Councilmember Kassan

C. Legislative Actions – None.

D. Report on Committee Assignments – None.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:55 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL MEETING
SEPTEMBER 10, 2024

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:00 p.m.

B. Flag Salute: Councilmember Salwan led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Salwan, Shao, and Cox

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Shackelford and introduced colleagues.

2. CONSENT CALENDAR – None.

3. CEREMONIAL ITEMS – None.

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City’s Agenda Center on Fremont.gov, and were placed on file.

Mayor Mei opened the public comment period. The following people commented: Joe Rose (representing NAMI Alameda County South, provided a hand-out) and Kelly Abreu. There being no additional speakers, Mayor Mei closed the Public Comment period.

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS

A. Mayor Mei opened consideration of District 3 Council Vacanc y Applicant Interview, Discussion and Possible Selection and Appointment

Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

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Mayor Mei opened the public comment period. The following people commented: Theodore Bresler, Narda Mamou, Linda Dewlaney, Vipin Sharma, Kelly Abreu, and Sai Nagarajan.

There being no additional speakers, Mayor Mei closed the public comment period.

The City Council conducted a public interview of Kathryn Kimberlin with prepared questions.

Councilmembers were also provided an opportunity to ask additional questions, to which Ms. Kimberlin responded.

On a motion by Vice Mayor Campbell, seconded by Councilmember Cox, the City Council appointed Kathryn Kimberlin to the District 3 Council seat for the remainder of the term, which expires in November 2026. The City Clerk administered the oath of office to Ms. Kimberlin, who was then was seated at the dais.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Salwan, Shao, and Cox
Noes: Councilmember Kassan

Absent: None
Abstain: None

7. ITEMS REFERRED B Y COUNCILMEMBERS – None.

A. Council Referrals – None.

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

C. Legislative Actions – None.

D. Report on Committee Assignments – None.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:30 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
SEPTEMBER 17, 2024

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
5:30 PM

Call to Order: Vice Mayor Campbell called the meeting to order at 5:33 p.m.

Roll Call: Present: Vice Mayor Campbell , Councilmembers: Keng, Kimberlin, Shao, and Salwan. Councilmember Cox arrived at 5:36 p.m. Mayor Mei arrived at 5:43 p.m.

Public Comment: None.

CONVENED TO A CLOSED SESSION at 5:35 p.m.

A. CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code 54957.6)

City Designated Representatives: Karena McGee Shackelford, City Manager; Rafael E.

Alvarado Jr., City Attorney; Brian Stott, Assistant City Manager; David Persselin, Finance Director; Tina Gallegos, Human Resources Director; Sean Washington, Police Chief

Organization Representing Employees:

 Fremont Police Association

The Special Meeting of the Fremont City Council adjourned at 6:55 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL MEETING
SEPTEMBER 17, 2024

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:08 p.m.

B. Flag Salute: Councilmember Kimberlin led the salute to the flag.

C. Roll Call: Mayor Mei, Vice Mayor Campbell , Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Shackelford shared information regarding items of Council/community interest and introduced colleagues.

E. Report Out of Closed Session

City Attorney Alvarado reported that Council conducted a conference in Closed Session this evening. The Council discussed Conference with Labor Negotiator pursuant to Government Code 54957.6. No reportable action was taken.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* B. Approval of Minutes – None.

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* C. Mayor Mei opened consideration of Second Reading and Adopt ion of an Ordinance of Amending Fremont Municipal Code Section 3.20.090(b) to Reflect Internal Revenue Service (IRS) Guidance on Acknowledging Donations
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council adopted Ordinance No. 06-2024 amending the Fremont Municipal Code to reflect IRS guidance on acknowledging donations.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* D. Mayor Mei opened consideration of Adoption of a Resolution Updating the Conflict of Interest Code for the City of Fremont
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council adopted Resolution No. 2024-37 amending Fremont’s Conflict of Interest Code as it relates to the Form 700 designated positions and the disclosure categories.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* E. Mayor Mei opened considerati on of 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
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council:

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

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

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

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* F. Mayor Mei opened considerati on of 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 (Document Scanning and Indexing Services) On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council authorized 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.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* G. Mayor Mei opened consideration of Approval of Actions to A ccept 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
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council approved 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. Authorized 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. Found 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).

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

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* H. Mayor Mei opened consideration of Approve a Professional S ervices 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
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council approved the following actions related to the Auto Mall Parkway Median Improvement Project (PWC9119):

1. Authorized 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. Reallocated $2,100,000 from PWC8889-501 and appropriate it to PWC9119-501.

3. Found 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).

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* I. Mayor Mei opened considerati on of Authorize the City Manager or Designee to execute a three-year amendment to the agreement with Routeware, Inc. for solid waste management recordkeeping and reporting services, increasing the not-to-exceed amount from $72,139 to $155,000
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council:

1. Authorized 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. Found the proposed action exemp t from CEQA under guidelines 15378(b)(2), 15378(b)(5), and/or 15061(b)(3) as detailed in the staff report.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Shao, and Cox
Noes: None

Absent: None
Abstain: Councilmembers Kimberlin and Salwan

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* J. Mayor Mei opened considerati on of 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
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council authorized 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.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* K. Mayor Mei opened consideration of Accept the Report; Find that the Emergency Continues; Make Findings of CEQA Exemption (Emergency Plumbing Repair at Police Center)
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council:

1. Accepted the staff report.

2. Reviewed the conditions of th e 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. Found that the action is exempt from CEQA review pursuant to CEQA Guidelines Section 15269(b), as emergency repairs needed to maintain essential services.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* L. Mayor Mei opened consideration of Approval of Plans and Sp ecifications; 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 On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council approved the following actions related to the Centerville Soil Vapor Remediation Completion Project (PWC8812D):

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1. Approved the plans and specifications for the project.

2. Accepted 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. Reallocated $290,000 from PWC8520-501 to PWC8812-501.

4. Found 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.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Shao, and Cox
Noes: None

Absent: None
Abstain: Councilmembers: Kimberlin and Salwan (business/propert y interest)

* M. Mayor Mei opened considerati on of 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 (Third Party Administration Services for the City’s Self-Insured Workers’ Compensation Program) On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council:

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

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

3. CEREMONIAL ITEMS

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

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4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City’s Agenda Center on Fremont.gov, and were placed on file.

Mayor Mei opened the public comment period. The following people commented: Rev. Rosie Jones, Lana Spencer-Teasley, Alex Woo, Ben Yee (provided a hand-out), Rio Collett, Hiu Ng, Kelly Abreu, and John Hinds. There being no additional speakers, Mayor Mei closed the public comment period.

5. SCHEDULED ITEMS

A. Mayor Mei opened consideration of 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)

Code Enforcement Manager David Wage provided a presentation and responded to questions from Councilmembers. Mayor Mei opened the public hearing. The following people commented: John Weed and Kelly Abreu. There being no additional speakers, Mayor Mei closed the public hearing. This was followed by additional questions and comments from Councilmembers.

On a motion by Councilmember Salwan, seconded by Vice Mayor Campbell, the City Council:

1. Adopted Urgency Ordinance No. 07-2024, attached as Exhibit A to the staff report, by a four-fifths vote of the City Council, amending Title 15 and Title 2 of the Fremont Municipal Code.

2. Waived the first reading and introduced the regular ordinance, attached as Exhibit B to the staff report, amending Title 15 and Title 2 to the Fremont Municipal Code.

3. Adopted Resolution No. 2024-38, attached as Exhibit C to the staff report, approving an amendment to Master Fee Resolution 8672 (Master Fee Schedule).

4. Found that the 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.

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Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

6. OTHER BUSINESS
A. Mayor Mei opened consideration of Age Friendly Fremont Acti on Plan for 2025-2030

Family Services Administrators Karen Grimsich and Levon Gibson gave a presentation.

There were no public speakers.

The City Council received the overview and provided comments on the Age Friendly Action Plan update.

B. Mayor Mei opened considerati on of Homelessness Regulation and Enforcement in Conjunction with the U.S. Supreme Court’s Grants Pass Decision

Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City’s Agenda Center on Fremont.gov, and were placed on file.

Deputy City Manager Allen DeMers and Police Chief Sean Washington provided a presentation and responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following people commented: Marie Hughes, Lana Spencer-Teasley, Hiu Ng, Albert Tsui, Golden Shao, David Bonaccorsi (FFE), and Rev. Rosie Jones. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by additional questions and comments from Councilmembers.

The City Council received this informational update.

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals

1. Mayor Mei opened consideration of Mayor Mei Referral: Referr al for Consideration of the Initiation of Censure Proceedings

Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City’s Agenda Center on Fremont.gov, and were placed on file.

See Green Sheet on file that contains additional information not included with the staff report.

Mayor Mei provided an overview of her referral and responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following people commented: Naseer Irfan, Kishon Naik, Igor Tregul, Albert Tsui, Hiu Ng, John Hinds, Golden Shao, and Chandra Wagh. There being no additional speakers, Mayor Mei closed the public

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comment period. Staff responded to questions from Councilmembers. Councilmembers provided comment.

On a motion by Vice Mayor Campbell, seconded by Councilmember Salwan, the City Council direct City staff to come back to City Council with handbook amendments that clarifies Council members cannot request proclamations and also create a handbook acknowledgement form.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

B. Appointments to Boards, Commissions, Committees

1. Mayor Mei opened consideration of Mayor Mei Referral: Appoin tment to Advisory Body

Appointment:

Advisory Body Appointee Term Expires

Planning Commission Benjamin Craig 12/31/2027

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved appointment:

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

C. Legislative Actions – None.

D. Report on Committee Assignments – None.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 11:30 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
OCTOBER 1, 2024

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
5:30 PM

Call to Order: Mayor Mei called the mee ting to order at 5:30 p.m.

Roll Call: Present: Mayor Mei, Vice Mayor Campbell, Councilmembers: Kimberlin, Shao, and Salwan. Councilmember Keng arrived at 5:51 p.m.

Councilmember Cox arrived at 6:31 p.m.

Public Comment: None.

CONVENED TO A CLOSED SESSION at 5:31 p.m.

A. CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code 54957.6)

City Designated Representatives: Karena McGee Shackelford, City Manager; Rafael E.

Alvarado Jr., City Attorney; Brian Stott, Assistant City Manager; Christina Briggs, Assistant City Manager; Allen DeMers, Deputy City Manager; Sean Washington, Police Chief; Elana Rivkin-Haas, Senior Deputy City Attorney; and Allyson Hauck, Designated Representative

Organization Representing Employees:

 Fremont Police Association

The Special Meeting of the Fremont City Council adjourned at 6:50 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL MEETING
OCTOBER 1, 2024

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:01 p.m.

B. Flag Salute: Councilmember Kimberlin led the salute to the flag.

C. Roll Call: Mayor Mei, Vice Mayor Campbell , Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Shackelford shared information regarding items of Council/community interest and introduced colleagues.

E. Report Out of Closed Session

City Attorney Alvarado reported that Council conducted a conference in Closed Session this evening. The Council had a conference with labor negotiators pursuant to California Government Code Section 54957.6 regarding the union Fremont Police Association.

No reportable action was taken.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* B. Approval of Minutes – None.

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* C. Mayor Mei opened consideration of Second Reading and Adopt ion of an Ordinance of the City of Fremont Amending Fremont Municipal Code Title 15 and Title 2 to Create a Building Appeals Board.

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following people commented: John Weed and Kristin. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Cox, seconded by Councilmember Kimberlin, the City Council adopted Ordinance No. 08-2024 amending Title 15 and Title 2 to the Fremont Municipal Code.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* D. Mayor Mei opened consideration of Approval of a Resolution Adopting the City of Fremont's Salary Schedule

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person commented: Kristin. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council adopted Resolution No. 2024-39 approving the City of Fremont’s Salary Schedule as established by the City Manager.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* E. Mayor Mei opened considerati on of Authorizing the City Manager, or Her Designee to Execute a Multi-year Service Agreement with Partners in Communication, LLC, through June 30, 2029, in an amount not to exceed $300,000. (American Sign Language Interpreter Services)

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager or her designee to execute a multi-year service agreement with Partners in Communication, LLC, through June 30, 2029, in an amount not to exceed $300,000.

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Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* F. Mayor Mei opened considerati on of Authorizing the City Manager, or Designee, to issue a purchase order to Saitech Inc. in the amount of $197,699.77 for the purchase of Cisco FirePower 3140 and Catalyst 9300 network equipment. (City Network Infrastructure Upgrade)

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person commented: Kristin. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council authorized the City Manager, or designee, to issue a purchase order to Saitech Inc. in the amount of $197,699.77 (including applicable sales tax and shipping charges) for the purchase of Cisco FirePower 3140 and Catalyst 9300 network equipment, execute any implementing documents, and take any implementing actions as necessary.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* G. Mayor Mei opened consideration of Approving a 3-year, not- to-exceed $2,500,000 contract for Homeless Encampment and Illegal Dumping Abatement Services with Art Cuevas Landscaping and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines 15304 (Minor Alterations to Land) and 15307 (Actions by Regulatory Agencies for Protection of Natural Resources).

Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City’s Agenda Center on Fremont.gov, and were placed on file.

See Green Sheet on file that contains additional information not included with the staff report.

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person commented: Kristin. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Vice Mayor Campbell, seconded by Councilmember Salwan, the City Council:

1. Found that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15304 (Minor Alterations to Land) and

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Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources).

2. Denied the bid protest submitted by Sharjo, LLC dba ServiceMaster Restoration Services regarding the non-compliance of Art Cuevas Landscaping with prevailing wage law.

3. Authorized the City Manager, or her designee, to execute a contract with Art Cuevas Landscaping for homeless encampment and illegal dumping abatement services from October 1, 2024, through June 30, 2025 in an amount not-to-exceed $2,500,000.

4. Appropriated $160,000 in the Integrated Waste Management Fund to the 2024/25 Disposal Differential Operating Budget.

5. Accepted a request for an annual update on contract performance on the City’s website.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Salwan, and Cox
Noes: Councilmember Shao

Absent: None
Abstain: None

* H. Mayor Mei opened consideration of Authorizing the City Man ager, or Her Designee, to enter into an Agreement, and to execute implementing documents with Granicus, LLC, for the RESPOND Constituent Relationship Management (CRM) Solution Renewal in an amount not to exceed $240,410.73 for a Three-Year term.

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person commented: Kristin, and Sai Nagarajan. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Salwan, seconded by Vice Mayor Campbell, the City Council authorized the City Manager, or her designee, to enter into an Agreement, and to execute implementing documents with Granicus, LLC, for the RESPOND Constituent Relationship Management (CRM) Solution Renewal in an amount not to exceed $240,410.73 for a three- year term.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Salwan, and Cox
Noes: Councilmember Shao

Absent: None
Abstain: None

* I. Mayor Mei opened consideration of Approval of Plans and Sp ecifications, and Award Contract to Smelly Mel’s Plumbing, Inc. in the amount of $142,200 (includes 20% Contingency) for the Aqua Adventure Water Park Sewer Pipe Replacement Project (PWC8501); Appropriation Action; and Make Findings of CEQA Exemption.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council approved the following actions related to the Aqua Adventure Water Park Sewer Replacement Project (PWC8501):

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1. Approve the Plans and Specifications for the Aqua Adventure Water Park Sewer Replacement Project.

2. Reject James Day Construction, Inc.’s bid protest.

3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Smelly Mel’s Plumbing, Inc. in the amount of $118,500 and allocate a 20% contingency in the amount of $23,700 for a total construction contract amount of $142,200 and authorize the City Manager or designee to execute the contract.

4. Appropriate $72,200 from the Operating Improvement Reserve in the Recreation Cost Center Fund (Fund 189) to pay a portion of the project costs.

5. Find the project is exempt from CEQA review pursuant to CEQA Guidelines pertaining to the replacement of the sewer pipes and lighting involving negligible or no expansion of capacity.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* J. Mayor Mei opened consideration of Approval of Plans and Sp ecifications; Award of Contract to HCI Systems, Inc. in the amount of $372,993 (includes 15% Contingency) for the City Hall Building A and B Fire Alarm Replacement Project (PWC9095); Make Findings of CEQA Exemption.

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person commented: Kristin. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved the following actions related to the City Hall Building A & B Fire Alarm Replacement Project (PWC9095):

1. Approved the Plans and Specifications for the City Hall Building A & B Fire Alarm Replacement Project.

2. Accepted the Bid and award the construction contract to the lowest responsive and responsible bidder, HCI Systems, Inc. in the amount of $324,342 and allocate a 15% contingency in the amount of $48,651 for a total construction contract amount of $372,993 and authorize the City Manager or designee to execute the contract.

3. Found the project is exempt from CEQA review pursuant to CEQA Guidelines pertaining to the replacement of an existing fire alarm system involving negligible or no expansion of capacity.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

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* K. Mayor Mei opened consideration of Adopting a Resolution Su mmarily Vacating Public Utility Easements, Emergency Vehicle Access Easements, and Slope Easement at 49000, 49036 and 49086 Milmont Drive in the Bayside Industrial Community Plan Area (PLN2023-00190) and Make Findings of CEQA Exemption.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:

1. Adopted Resolution No. 2024-40 to vacate Public Utility Easements, Emergency Vehicle Access Easements, and Slope Easement at 49000 – 49090 Milmont Drive on grounds the easements are no longer needed.

2. Accepted new Emergency Vehicle Access Easement.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* L. Mayor Mei opened consideration of Accepting the Report; Fi nd that the Emergency Continues; Make Findings of CEQA Exemption. (Emergency Plumbing Repair and Police Center)

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:

1. Accepted the staff report.

2. Reviewed the conditions of the emergency and made 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. Found that the action is exempt from CEQA review pursuant to CEQA Guidelines Section 15269(b), as emergency repairs needed to maintain essential services.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* M. Mayor Mei opened considerati on of Authorizing the Submission of a Claim Form for $120,000 in Credit for FieldTurf Artificial Turf Marketing and Sales Practices Class Action Litigation.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager, or her designee to submit a claim form for $120,000 in credit for settlement of the FieldTurf Artificial Turf Marketing and Sales Practices Class Action Litigation.

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Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

3. CEREMONIAL ITEMS – None.

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City’s Agenda Center on Fremont.gov, and were placed on file.

See Green Sheet on file that contains additional information not included with the staff report.

Mayor Mei opened the public comment period. The following people commented: Rachel McGrath, Steve Skala, Kristin, Herbert Chiu, Charles Liu, Chunchi Ma, Adels Fan, Sai Nagarajan, and Golden Shao. There being no additional speakers, Mayor Mei closed the public comment period.

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS – None.

7. ITEMS REFERRED B Y COUNCILMEMBERS – None.

A. Council Referrals – None.

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

C. Legislative Actions – None.

D. Report on Committee Assignments

Councilmembers reported on their various meetings.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:30 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5260) DOC ID: 5260
Updated: 10/3/2024 2:41 PM by Dina Lewis Page 1

AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BAY AREA COMMUNITY SERVICES - Authorize the City Manager to Execute an Agreement with Bay Area Community Services for the Wellness Center Contact Persons:

Name: Robert Lopez Christina Briggs
Title: CDBG Administrator Assistant City Manager
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2043 510-284-4022
E-Mail: [email protected] [email protected]

Executive Summary: Since November 2018, Bay Area Community Services (BACS) has operated a Wellness Center for housing and dignity services at its facility located at 40963 Grimmer Boulevard, Fremont. Staff recommends the City Council authorize the City Manager to execute a three-year agreement with BACS in an amount not to exceed $1,431,939 for BACS to continue operating the Wellness Center.

BACKGROUND: Bay Area Community Services (BACS) is the largest homeless services provider in Alameda County. BACS operates the Fremont Housing Navigation Center and 3 other Navigation Centers in Alameda County. BACS currently works with over 1,000 landlords throughout Alameda County to assist clients in finding permanent housing.

In 2000, the City awarded a total of $1.4 million in Community Development Block Grant (CDBG) funds to help BACS acquire a building located at 40963 Grimmer Boulevard in Fremont. The City also awarded BACS $420,000 in CDBG funds in 2014 to reconfigure the space to address programming needs, which included installation of a shower.

In 2018, the City Council authorized the City to contract with BACS to operate a drop-in Wellness Center serving adults and families who are experiencing homelessness or housing insecurity. That agreement ended on June 30, 2024.

DISCUSSION/ANALYSIS: The Wellness Center is the only daily drop-in center for unhoused residents in South County providing a “front door” to the system of care for those experiencing homelessness. The objective of the Wellness Center continues to be to increase the number and percentage of individuals successfully transitioning from homelessness into stable housing. This objective aligns with the “housing first” philosophy of Alameda County’s Coordinated Entry System (CES), as well as the Fremont Homeless Response Plan adopted by the City Council on May 21, 2024.

Scope of Services: The drop-in Welcome Center services are part of an engagement strategy to create trust and build relationships that will help support people as they navigate the process of securing stable housing. BACS Housing Specialists help individuals with housing services, including creating an individualized housing plan, general housing search support, document readiness, and housing navigation. Housing specialists implement BACS’ flexible rapid housing model that uses readily available (same day if necessary) financial assistance to help clients quickly take advantage of housing opportunities as they

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present themselves. Financial Assistance may be used for move-in costs, titrated rental assistance, and support finding creative housing opportunities, such as renting a bedroom, shared housing opportunities, or family homes.

BACS Peer Counselors provide individual health interventions and group courses that teach independent living skills, such as accessing resources online or via phone. Other topics include “document readiness,” landlord /tenant mediation skills, financial/benefits, and employment readiness.

As an engagement tool, the Wellness Center provides various dignity services. It provides one meal daily and essentials, including laundry pods and hygiene products. The Wellness Center facility includes the following amenities:

• a full commercial kitchen and a kitchenette,
• restrooms with showers,
• a wardrobe and pantry for donated items
• multiple break out rooms, classroom and group space,
• a secure outdoor area with garden that can accommodate pets, • a ‘Zzzz’s Space’ for individuals who need a rest, and • storage for individuals to secure personal belongings.

Outcomes: From July 2023 through June 2024, the BACS Wellness Center program has:
• stably housed 30 individuals, through the use of flex funds, • assisted 263 clients with housing-related support services, • supported an average daily attendance of 40 – 50 clients, and • provided an employment counselor or peer specialist to 95% of clients.

Partnerships: The BACS drop-in Wellness Center also serves as a physical front door for multiple government and non-profit partners working within the framework of the South County CES. Specifically, BACS works closely with the Housing Resource Centers operated by Abode Services serving the Tri-City area, as well as Fremont’s Human Services Department and the Mobile Evaluation Team (MET), to ensure that all services are aligned with a Housing First philosophy. The Wellness Center operates at full capacity and serves clients 7-days a week.

FISCAL IMPACT: As part of the FY 2024/25 adopted budget, the City Council appropriated sufficient funds in the City-Funded Affordable Housing and Homeless Services Fund (Fund 112) to pay for the current year contract costs, which includes $100,000 for flexible housing financial assistance as described above. The costs for subsequent years will be included in the proposed operating budgets for those years. The agreement will include an annual amount not to exceed $477,313 per year, for a total of $1,431,939 over the three- year contract term.

ENVIRONMENTAL REVIEW: Approval of the agreement with BACS is not a project subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15378, as it is an administrative governmental activity that will not result in direct or indirect change in the environment.

ATTACHMENTS: None.

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RECOMMENDATION: Authorize the City Manager, or her designee, to enter into an agreement with Bay Area Community Services from July 1, 2024 to June 30, 2027, for a total amount not to exceed $1,431,939, to allow BACS to continue operating the Wellness Center, which serves people experiencing homelessness as described in this report.

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Fremont City Council Meeting: 10/08/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5277) DOC ID: 5277
Updated: 10/3/2024 2:45 PM by Dina Lewis Page 1
REGIONAL MEASURE 3 GRANT FUNDING - Adopt Resolution of Project Compliance to Support Receiving $1,078,000 in Regional Measure 3 Grant Funds from the Metropolitan Transportation Commission for the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project (PWC9026); Appropriate the Grant Funds, and Make Findings of CEQA Exemption
Contact Persons:

Name: Eric Hu Noe Veloso
Title: Principal Transportation Engineer Assistant City Engineer Div/Dept: Public Works Public Works
Phone: 510-494-4542 510-494-4774
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate receiving grant funding in the amount of $1,078,000, for designing a segment of the Dumbarton Bridge to Quarry Lakes Trail project. The grant funds are from the Regional Measure 3 (RM3) program administered by the Metropolitan Transportation Commission (MTC). Receiving the grant requires City Council approval of a Resolution of Compliance indicating the City’s commitment to implementing the project in accordance with MTC policies and procedures.

BACKGROUND: In collaboration with Alameda County Transportation Commission (ACTC), MTC, and Caltrans, the City of Fremont led the development of three major projects along the East Bay side of the Dumbarton Bridge corridor, including the I-880/Decoto Interchange Modernization Project, Decoto Road Complete Street Project, and the Dumbarton Bridge to Quarry Lakes Trail project. Collectively, the three projects will create a continuous multi- purpose path and dedicated transit lanes along Decoto Road from the Dumbarton Bridge to the City of Fremont/Union City limit at Alameda Creek, ultimately providing high quality alternative transportation facilities for East Bay residents to travel to and from the San Francisco Peninsula via the Dumbarton Bridge.

In June 2024, MTC approved the programming of $29 million in RM3 funding for the three projects managed by the City of Fremont. The programmed amount was developed by MTC in collaboration with various agencies on both sides of the Dumbarton Bridge corridor.

Funding for the RM3 program is from bridge toll revenues and there are funds specifically allocated to projects that improve multimodal transportation in the Dumbarton Bridge corridor.

For the three projects led by the City of Fremont, the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment project is the first to request allocation for RM3 funding for the final design and right-of-way (ROW) clearance phases of work. Final design is also referred to as the “Plans, Specifications and Estimate” (PS&E) phase of work. MTC programmed a total of $10.8 million in RM3 funds for the implementation of the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment project.

DISCUSSION/ANALYSIS: The Dumbarton Bridge to Quarry Lakes Trail Project was developed to provide a continuous multi-purpose trail facility along the Decoto Road

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corridor, connecting from the existing bike path on the Dumbarton Bridge and ultimately connecting to the Alameda Creek Regional Trail at the Union City/City of Fremont border. It is the primary project that aims to provide a continuous multi-purpose trail facility to connect East Bay communities to the Dumbarton Bridge and provide walking and bicycling access between the San Francisco Peninsula and the East Bay.

Between 2020 and 2024, City staff collaborated with ACTC to secure approximately $5.425 million in Measure BB funds to complete the project scoping, alternative analysis, and environmental clearance for the entire trail alignment between Dumbarton Bridge and Alameda Creek. Due to overall project cost and the diverse range of stakeholders involved for the various trail segments, the Dumbarton to Quarry Lakes Trail is divided into multiple implementation phase segments for design and construction, with each phase segment having a separate funding plan, implementation strategy, and overall schedule.

The Phase A segment is the first to begin the design and construction phase, as it provides the initial trail connection between the Dumbarton Bridge and the City of Fremont roadway network. The Phase A trail segment will extend along the north side of Quarry Road between the State Route 84 toll plaza and Paseo Padre Parkway, along the west side of Paseo Padre Parkway between Quarry Road and Kaiser Drive, utilize the existing on -street cycle track along Kaiser Drive between Paseo Padre Parkway and Ardenwood Boulevard, and along the west side of Ardenwood Boulevard between Kaiser Drive and Ardenwood Terrace.

From the Ardenwood Boulevard/Ardenwood Terrace intersection, trail users can utilize the internal roadway/path network within Ardenwood Historical Farm to get to the I-880/Decoto Road interchange, which will be enhanced with the I-880/Decoto Road Interchange Modernization Project.

The Phase A project design is scheduled to begin at the start of 2025 and extend into Spring of 2026. The City anticipates submitting a second request for allocation of RM3 funds for the project construction phase at the end of 2025, with project construction scheduled to start in Summer/Fall of 2026.

FISCAL IMPACT: Staff is recommending that the City Council approve an allocation request for $1,078,000 in RM3 funds for the PS&E and ROW phases for the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment project and appropriate the funds to that project (PWC9026-571) in the Miscellaneous Capital Grants Fund. The proposed RM3 Implementing Agency Resolution defines the City’s role and responsibility in the use and management of the funds, as well as reaffirms the City’s overall commitment to the completion of the project design. While there is no matching fund requirement for the RM3 funds, the City staff time to manage the project design will be funded with local transportation fund sources (e.g. gas tax). Staff does not anticipate using General Fund monies for the project design or overall implementation.

ENVIRONMENTAL REVIEW: The request for allocation for RM3 funds is categorically exempt under Section 15061 9(b)(3) of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment. Consistent with CEQA requirements, appropriate environmental review is currently underway for the Dumbarton Bridge to Quarry Lakes Project and is on schedule to be completed by the end of 2024.

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ATTACHMENTS:
• Draft Resolution- RM3 Implementing Agency Resolution - Allocation Request (Dumbarton to Quarry Lakes Trail - Phase A PSE)

RECOMMENDATIONS:

1. Adopt resolution of project compliance to support receiving $1,078,000 in Regional Measure 3 grant funds from the Metropolitan Transportation Commission for the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project (PWC9026).

2. Appropriate $1,078,000 of Measure 3 grant funds to PWC9026-571 in the Miscellaneous Capital Grants Fund.

3. Find the action is exempt from CEQA review per CEQA Guidelines, section 15061 9(b)(3).

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

REGIONAL MEASURE 3 (RM3) IMPLEMENTING AGENCY RESOLUTION

OF PROJECT COMPLIANCE - ALLOCATION REQUEST

Implementing Agency: City of Fremont
Sponsor Agency: Alameda County Transportation Commission Project Title: Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project

WHEREAS, SB 595 (Chapter 650, Statutes 2017), commonly referred as Regional Measure 3, identified projects eligible to receive funding under the Regional Measure 3 Expenditure Plan; and

WHEREAS, the Metropolitan Transportation Commission (MTC) is responsible for funding projects eligible for Regional Measure 3 funds, pursuant to Streets and Highways Code Section 30914.7(a) and (c); and

WHEREAS, MTC has established a process whereby eligible transportation project sponsors may submit allocation requests for Regional Measure 3 funding; and

WHEREAS, allocation requests to MTC must be submitted consistent with procedures and conditions as outlined in Regional Measure 3 Policies and Procedures (MTC Resolution No. 4404; and

WHEREAS, Alameda County Transportation Commission (Alameda CTC) is a sponsor of the Dumbarton Corridor Improvements Project (RM3 Project 17) in the Regional Measure 3 Expenditure Plan; and

WHEREAS, the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project (Subproject Number 17.3) is eligible for consideration in the Regional Measure 3 Expenditure Plan, as identified in California Streets and Highways Code Section 30914.7(a); and

WHEREAS, Alameda CTC desires to designate City of Fremont as an entity that is eligible to request Regional Measure 3 funds for the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project (Subproject Number 17.3); and

WHEREAS, the Regional Measure 3 updated Initial Project Report (IPR) and allocation request, attached hereto and incorporated herein as though set forth at length, lists the project, purpose, schedule, budget, expenditure and cash flow plan for which City of Fremont is requesting that MTC allocate Regional Measure 3 funds.

NOW, THEREFORE, BE IT

RESOLVED that City of Fremont accepts Alameda CTC’s designation as implementing agency for the project; and be it further

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RESOLVED that City of Fremont accepts Alameda CTC’s delegation of responsibility for certifying the project and allocation request(s) comply with the requirements of the Metropolitan Transportation Commission’s Regional Measure 3 Policies and Procedures; and be it further

RESOLVED, that City of Fremont, and its agents shall comply with the provisions of the Metropolitan Transportation Commission’s Regional Measure 3 Policies and Procedures; and be it further

RESOLVED, that City of Fremont certifies that the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project (Subproject Number 17.3) is consistent with the Regional Transportation Plan (RTP); and be it further

RESOLVED, that the year of funding for any design, right-of-way and/or construction phases has taken into consideration the time necessary to obtain environmental clearance and permitting approval for the project; and be it further

RESOLVED, that the Regional Measure 3 phase or segment is fully funded, and results in an operable and useable segment; and be it further

RESOLVED, that City of Fremont approves the allocation request and updated IPR, attached to this resolution; and be it further

RESOLVED, that City of Fremont approves the cash flow plan, attached to this resolution; and be it further

RESOLVED, that City of Fremont has reviewed the project needs and has adequate staffing resources to deliver and complete the project within the schedule set forth in the allocation request and updated IPR, attached to this resolution; and, be it further

RESOLVED, that City of Fremont is authorized to submit an allocation request for Regional Measure 3 funds for the Dumbarton Bridge to Quarry Lakes Trail – Phase A Segment Project (Subproject Number 17.3) in accordance with California Streets and Highways Code 30914.7(a); and be it further

RESOLVED, that City of Fremont certifies that the projects and purposes for which RM3 funds are being requested are in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 2l000 et seq.), and with the State Environmental Impact Report Guidelines (l4 California Code of Regulations Section l5000 et seq.) and if relevant the National Environmental Policy Act (NEPA), 42 USC Section 4-1 et. seq. and the applicable regulations thereunder; and be it further

RESOLVED, that there is no legal impediment to City of Fremont making allocation requests for Regional Measure 3 funds; and be it further

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Attachment: Draft Resolution- RM3 Implementing Agency Resolution - Allocation Request (Dumbarton to Quarry Lakes Trail - Phase A PSE) Resolution 2024-XX Page 3 of 4
RESOLVED, that there is no pending or threatened litigation which might in any way adversely affect the proposed project, or the ability of City of Fremont to deliver such project; and be it further

RESOLVED, that City of Fremont indemnifies and holds harmless MTC, BATA, and their Commissioners, representatives, agents, and employees from and against all claims, injury, suits, demands, liability, losses, damages, and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of City of Fremont, its officers, employees or agents, or subcontractors or any of them in connection with its performance of services under this allocation of RM3 funds. City of Fremont agrees at its own cost, expense, and risk, to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, BATA, and their Commissioners, officers, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RM3 funds as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages, and be it further

RESOLVED, that City of Fremont shall, if any revenues or profits from any non- governmental use of property (or project) that those revenues or profits shall be used exclusively for the public transportation services for which the project was initially approved, either for capital improvements or maintenance and operational costs, otherwise the Metropolitan Transportation Commission is entitled to a proportionate share equal to MTC’s percentage participation in the projects(s); and be it further

RESOLVED, that assets purchased with RM3 funds including facilities and equipment shall be used for the public transportation uses intended, and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for its useful life, that the Metropolitan Transportation Commission (MTC) shall be entitled to a present day value refund or credit (at MTC’s option) based on MTC’s share of the Fair Market Value of the said facilities and equipment at the time the public transportation uses ceased, which shall be paid back to MTC in the same proportion that Regional Measure 3 funds were originally used; and be it further

RESOLVED, that City of Fremont shall post on both ends of the construction site(s) at least two signs visible to the public stating that the Project is funded with Regional Measure 3 Toll Revenues; and be it further

RESOLVED, that City of Fremont authorizes its City Manager, or his/her designee, to execute and submit an allocation request for the design and right-of-way phase with MTC for Regional Measure 3 funds in the amount of $1,078,000, for the project, purposes and amounts included in the allocation request attached to this resolution; and be it further

RESOLVED, that the City Manager, or his/her designee, is hereby delegated the authority to make non-substantive changes or minor amendments to the allocation request or IPR as he/she deems appropriate; and be it further

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Attachment: Draft Resolution- RM3 Implementing Agency Resolution - Allocation Request (Dumbarton to Quarry Lakes Trail - Phase A PSE) Resolution 2024-XX Page 4 of 4
RESOLVED, that a copy of this resolution shall be transmitted to MTC in conjunction with the filing of the City of Fremont allocation request referenced herein.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

_____________________________ ________________________________ City Clerk City Attorney

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Attachment: Draft Resolution- RM3 Implementing Agency Resolution - Allocation Request (Dumbarton to Quarry Lakes Trail - Phase A PSE) Fremont City Council Meeting: 10/08/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5275) DOC ID: 5275
Updated: 10/3/2024 2:51 PM by Dina Lewis Page 1
ACTC FUNDING APPLICATIONS - Adopt Resolution of Local Support for the Submittal of Project Applications to the Alameda County Transportation Commission (ACTC) for their 2026 Comprehensive Investment Program Call for Projects for the Following Three Projects: 1) Fremont Boulevard Multimodal Corridor (Downtown to Irvington) Project, 2) Centerville Quiet Zone/Railroad Crossing Safety Improvement Project, and 3) South Grimmer/Osgood Road Intersection Improvement Project; and Make Findings of CEQA Exemption Contact Persons:

Name: Eric Hu Noe Veloso
Title: Principal Transportation Engineer Assistant City Engineer Div/Dept: Public Works Public Works
Phone: 510-494-4542 510-494-4774
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this item is to confirm City Council support for the submittal of grant applications for ACTC’s 2026 Comprehensive Investment Plan (CIP) Call for Projects to seek funding for the construction phase of the City’s Fremont Boulevard Multimodal Corridor (Downton to Irvington) Project, the design of the Centerville Quiet Zone/Railroad Crossing Safety Enhancement Project, and the construction of the South Grimmer/Osgood Road Intersection Improvement Project (a “Safe Routes to Schools” and East Bay Greenway Trail project). The three projects support the goals identified in the City’s Mobility Action Plan, Vision Zero Action Plan, and Bicycle/Pedestrian Master Plans, and when combined with other improvements in the surrounding areas, they will help improve access, safety, and comfort for the active transportation users in the Centerville, Downtown, Irvington, and Warm Springs areas.

BACKGROUND: ACTC is responsible for the planning, funding, and delivery of Measure BB and regionally funded transportation projects and programs within Alameda County. ACTC maintains a CIP, through which fund sources administered by ACTC are programmed to address transportation needs that support the ongoing enhancement, development, and maintenance of multimodal transportation infrastructure and systems in Alameda County.

ACTC updates the CIP every two years and releases a call for projects to Alameda County agencies to identify new projects that will be incorporated into the CIP update. For the 2026 CIP update, ACTC identified $100 million in available funding for the call for projects.

Eligible project categories for the 2026 CIP Call for Projects include 1) bicycle and pedestrian capital projects and programs, 2) complete street capital and roadway improvement projects, 3) transit-related capital projects, and 4) shuttle and other transportation program operations. Agencies are limited to a maximum of three project applications, a $2 million funding cap per project, and funding priority is typically given to eligible projects that are “shovel ready” to start construction, projects that close gaps and enhance connectivity on ACTC’s Active Transportation Network, projects that address safety on the County’s High Injury Network, and projects that benefit regionally identified disadvantaged communities. Projects that have secured additional funds from alternative sources are also rated positively by ACTC staff.

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DISCUSSION/ANALYSIS: As a requirement for project application submittal for the 2026 ACTC CIP Call for Projects, the City is required to adopt a Resolution of Local Support for each project application to confirm the City’s ability to meet ACTC CIP requirements and the City’s commitment to provide the necessary staff and matching funds to successfully deliver the project phase that ACTC funds are sought for.

The following is a summary of the three projects (including the respective project scopes) that staff is proposing to submit for the 2026 ACTC CIP Call for Projects:

1) Fremont Boulevard Multimodal Corridor Project (Downtown to Irvington) – The project will construct a physically separated bikeway (upgrading prior “quick -build” improvements) along both sides of Fremont Boulevard between Country Drive (in the Downtown area) and Eugene Street (in Irvington District), including intersection safety improvements at various signalized intersections, traffic signal modification/upgrades, ADA ramp upgrades, existing sidewalk repair, pavement rehabilitation, storm drain system modification, and corridor landscape enhancement. The project is currently under design through a $1 million grant award from the 2024 ACTC CIP, and the City has recently secured over $3 million for project construction from a Safe Routes to BART grant and a Regional Housing Incentive Program grant.

2) Centerville Quiet Zone/Rail Crossing Safety Improvement Project (design only) – The project will design railroad crossing safety improvements within the Centerville District, including Union Pacific railroad crossings at Blacow Road, Dusterberry Way, Maple Street, Fremont Boulevard, Shinn Street, Ford Lane, and Clarke Drive. Key project elements may include (but not limited to) installation of new rail drop gates, pedestrian safety gates, raised concrete median, connector sidewalks, signage, and roadway striping. Given the large number of crossing locations included in this project, staff anticipates that the project construction will be funded and completed in separate phases as part of future grant application efforts across multiple funding programs.

3) South Grimmer/Osgood Road Intersection Improvement Project – The project will construct intersection safety improvements at the South Grimmer Boulevard/Osgood Road intersection adjacent to the Warm Springs BART Station. Together with a planned Safe Routes to School sidewalk and separated bikeway along the south side of South Grimmer Boulevard between Osgood Road and Lopes Drive (to be constructed by Toll Brothers as part of their development agreement), the proposed intersection improvement project will connect residents in the Metro Crossing neighborhood to Lila Bringhurst Elementary School. The proposed project corridor is also part of the planned East Bay Greenway regional trail network that spans through the Warm Springs District. The project design is complete and can quickly proceed into construction should funding be awarded.

Staff finds that the three projects are consistent with the overall goals, policies, and guidelines established by ACTC for the 2026 CIP Call for Project and they should be highly competitive for funding. The three projects are also on ACTC’s 10-year priority project implementation list.

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FISCAL IMPACT: The City is submitting the maximum allowable funding requests of $2 million each for the three projects, for a total amount of $6 million. While there is no immediate fiscal impact directly related to the submittal of the three project applications, the ACTC CIP Call for Project guidelines require local matching funds in the amount of 25%, should any of the City project applications be awarded for ACTC CIP funding. The City’s Capital Budget includes a funding reserve for regional grants that is intended to provide local matching funds. Any project that is selected for funding will require separate City Council approval in the form of a grant agreement.

ENVIRONMENTAL REVIEW: The submittal of project application for the 2026 ACTC CIP Call for Project is categorically exempt under Section 15061 9(b)(3) of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment. Consistent with CEQA requirements, appropriate environmental review has been or will be conducted for the three projects during the respective project design phase.

ATTACHMENTS:
• Draft Resolution of Local Support (Fremont Boulevard Enhanced Bikeway Project - Downtown to Irvington)
• Draft Resolution of Local Support (Centerville Quiet Zone Project) • Draft Resolution of Local Support (S. Grimmer-Osgood Road Intersection Improvement Project)

RECOMMENDATIONS:

1. Adoption of the Resolution of Local Support for the Fremont Boulevard Multimodal Project (Downtown to Irvington);

2. Adoption of the Resolution of Local Support for the Centerville Quiet Zone/Railroad Crossing Safety Improvements Project;

3. Adoption of the Resolution of Local Support for the South Grimmer/Osgood Road Intersection Improvement Project; and

4. Find the action is exempt from CEQA review per CEQA Guidelines, section 15061 9(b)(3).

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AUTHORIZING THE FILING OF AN APPLICATION FOR ALAMEDA

COUNTY TRANSPORTATION COMMISSION ADMINISTERED

FUNDING FOR THE FREMONT BOUELVARD ENHANCED BIKEWAY

PROJECT (DOWNTOWN TO IRVINGTON) AND COMMITTING ANY

NECESSARY MATCHING FUNDS AND STATING ASSURANCES TO

COMPLETE THE PROJECT

WHEREAS, the Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and

WHEREAS, the ALAMEDA CTC adopted 2026 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 23, 2024 which includes procedures governing the 2026 CIP application process, programming guidelines, and eligible uses of ALAMEDA CTC ADMINISTERED FUNDS; and

WHEREAS, City of Fremont (“APPLICANT”) is the project sponsor for the Fremont Boulevard Enhanced Bikeway Project (Downtown to Irvington) (“PROJECT”) ; and

WHEREAS, the PROJECT will implement enhanced separated bikeway, intersection safety improvements, traffic signal upgrades, ADA improvements, sidewalk improvements, storm drain modification, pavement rehabilitation, pavement striping, and landscape improvements along Fremont Boulevard between Country Drive (Downtown area) and Eugene Street (Irvington District); and

WHEREAS, as the Project Sponsor, APPLICANT has the legal authority to apply for funding for PROJECT and plans to submit a 2026 CIP application (“APPLICATION”) to ALAMEDA CTC for $2,000,000; and

WHEREAS, there are no legal impediments to APPLICANT applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its CITY MANAGER or designee to execute and file an application with ALAMEDA CTC for discretionary ALAMEDA CTC ADMINISTERED FUNDS for the PROJECT as referenced in this Resolution; and

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Attachment: Draft Resolution of Local Support (Fremont Boulevard Enhanced Bikeway Project - Downtown to Irvington) (5275 : ACTC

Resolution No. 2024 -XX Page 2 of 4 WHEREAS, as part of the requirements to apply and receive ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC requires a resolution adopted by the responsible implementing agency stating the following:

1. APPLICANT will implement the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the APPLICATION; and

3. APPLICANT understands it will enter into a Project Funding Agreement (“AGREEMENT”) with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT is committed to deliver the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT is committed to secure matching funds as proposed in the APPLICATION required for awarded ALAMEDA CTC ADMINISTERED FUNDS, by phase; and

6. APPLICANT is committed to provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT is committed to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

NOW, THEREFORE, BE IT RESOLVED that APPLICANT is authorized to file an APPLICATION to ALAMEDA CTC for funding for the PROJECT; and be it further

RESOLVED that APPLICANT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect APPLICANT’s ability to implement and deliver the proposed PROJECT; and be it further

RESOLVED that APPLICANT authorizes its CITY MANAGER or designee to execute the funding AGREEMENT with ALAMEDA CTC; and be it further

2.E.a
Packet Pg. 57
Attachment: Draft Resolution of Local Support (Fremont Boulevard Enhanced Bikeway Project - Downtown to Irvington) (5275 : ACTC

Resolution No. 2024 -XX Page 3 of 4 RESOLVED that APPLICANT shall provide ALAMEDA CTC with a fully-executed copy of this Resolution concurrently with submittal of the APPLICATION; and be it further

RESOLVED that the CITY COUNCIL of APPLICANT, by adopting this resolution, hereby confirms that:

1. APPLICANT will commit to implementing the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the application; and

3. APPLICANT understands it will enter into an AGREEMENT with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT commits to delivering the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT will commit matching funds as proposed in the APPLICATION against the awarded ALAMEDA CTC ADMINISTERED FUNDS by phase in the amount of $500,000, anticipated to be from regional source(s); and

6. APPLICANT will provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT will comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

2.E.a
Packet Pg. 58
Attachment: Draft Resolution of Local Support (Fremont Boulevard Enhanced Bikeway Project - Downtown to Irvington) (5275 : ACTC

Resolution No. 2024 -XX Page 4 of 4 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.E.a
Packet Pg. 59
Attachment: Draft Resolution of Local Support (Fremont Boulevard Enhanced Bikeway Project - Downtown to Irvington) (5275 : ACTC Resolution 2024-XX Page 1 of 4
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AUTHORIZING THE FILING OF AN APPLICATION FOR ALAMEDA

COUNTY TRANSPORTATION COMMISSION ADMINISTERED

FUNDING FOR THE CENTERVILLE QUIET ZONE /RAIL CROSSING

SAFETY IMPROVEMENT PROJECT AND COMMITTING ANY

NECESSARY MATCHING FUNDS AND STATING ASSURANCES TO

COMPLETE THE PROJECT

WHEREAS, the Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and

WHEREAS, the ALAMEDA CTC adopted 2026 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 23, 2024 which includes procedures governing the 2026 CIP application process, programming guidelines, and eligible uses of ALAMEDA CTC ADMINISTERED FUNDS; and

WHEREAS, City of Fremont (“APPLICANT”) is the project sponsor for the Centerville Quiet Zone/Rail Crossing Safety Improvement Project (“PROJECT”) ; and

WHEREAS, the PROJECT will implement railroad crossing safety improvements along the Union Pacific rail corridor within Centerville District, including crossings at Blacow Road, Dusterberry Way, Maple Street, Fremont Boulevard, Shinn Street, Ford Lane, and Clarke Drive; and

WHEREAS, as the Project Sponsor, APPLICANT has the legal authority to apply for funding for PROJECT and plans to submit a 2026 CIP application (“APPLICATION”) to ALAMEDA CTC for $2,000,000; and

WHEREAS, there are no legal impediments to APPLICANT applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its CITY MANAGER or designee to execute and file an application with ALAMEDA CTC for discretionary ALAMEDA CTC ADMINISTERED FUNDS for the PROJECT as referenced in this Resolution; and

WHEREAS, as part of the requirements to apply and receive ALAMEDA CTC

2.E.b
Packet Pg. 60
Attachment: Draft Resolution of Local Support (Centerville Quiet Zone Project) (5275 : ACTC FUNDING APPLICATIONS) Resolution 2024-XX Page 2 of 4
ADMINISTERED FUNDS, ALAMEDA CTC requires a resolution adopted by the responsible implementing agency stating the following:

1. APPLICANT will implement the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the APPLICATION; and

3. APPLICANT understands it will enter into a Project Funding Agreement (“AGREEMENT”) with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT is committed to deliver the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT is committed to secure matching funds as proposed in the APPLICATION required for awarded ALAMEDA CTC ADMINISTERED FUNDS, by phase; and

6. APPLICANT is committed to provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT is committed to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

NOW, THEREFORE, BE IT RESOLVED that APPLICANT is authorized to file an APPLICATION to ALAMEDA CTC for funding for the PROJECT; and be it further

RESOLVED that APPLICANT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect APPLICANT’s ability to implement and deliver the proposed PROJECT; and be it further

RESOLVED that APPLICANT authorizes its CITY MANAGER or designee to execute the funding AGREEMENT with ALAMEDA CTC; and be it further

RESOLVED that APPLICANT shall provide ALAMEDA CTC with a fully-executed copy of

2.E.b
Packet Pg. 61
Attachment: Draft Resolution of Local Support (Centerville Quiet Zone Project) (5275 : ACTC FUNDING APPLICATIONS) Resolution 2024-XX Page 3 of 4
this Resolution concurrently with submittal of the APPLICATION; and be it further

RESOLVED that the CITY COUNCIL of APPLICANT, by adopting this resolution, hereby confirms that:

1. APPLICANT will commit to implementing the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the application; and

3. APPLICANT understands it will enter into an AGREEMENT with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT commits to delivering the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT will commit matching funds as proposed in the APPLICATION against the awarded ALAMEDA CTC ADMINISTERED FUNDS by phase in the amount of $500,000, anticipated to be from City local fund source(s); and

6. APPLICANT will provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT will comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

2.E.b
Packet Pg. 62
Attachment: Draft Resolution of Local Support (Centerville Quiet Zone Project) (5275 : ACTC FUNDING APPLICATIONS) Resolution 2024-XX Page 4 of 4
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.E.b
Packet Pg. 63
Attachment: Draft Resolution of Local Support (Centerville Quiet Zone Project) (5275 : ACTC FUNDING APPLICATIONS)

Resolution 2024-XX Page 1 of 4

RESOLUTION NO. 2024- XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AUTHORIZING THE FILING OF AN APPLICATION FOR ALAMEDA

COUNTY TRANSPORTATION COMMISSION ADMINISTERED
FUNDING FOR THE S. GRIMMER/OSGOOD ROAD INTERSECTION

IMPROVEMENT PROJECT AND COMMITTING ANY NECESSARY

MATCHING FUNDS AND STATING ASSURANCES TO COMPLETE

THE PROJECT

WHEREAS, the Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and

WHEREAS, the ALAMEDA CTC adopted 2026 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 23, 2024 which includes procedures governing the 2026 CIP application process, programming guidelines, and eligible uses of ALAMEDA CTC ADMINISTERED FUNDS; and

WHEREAS, City of Fremont (“APPLICANT”) is the project sponsor for S.

Grimmer/Osgood Road Intersection Improvement Project (“PROJECT”); and

WHEREAS, the PROJECT will implement intersection safety improvements, traffic signal upgrade, pavement rehabilitation, and pavement striping at the S. Grimmer Boulevard/Osgood Road intersection; and

WHEREAS, as the Project Sponsor, APPLICANT has the legal authority to apply for funding for PROJECT and plans to submit a 2026 CIP application (“APPLICATION”) to ALAMEDA CTC for $2,000,000; and

WHEREAS, there are no legal impediments to APPLICANT applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its CITY MANAGER or designee to execute and file an application with ALAMEDA CTC for discretionary ALAMEDA CTC ADMINISTERED FUNDS for the PROJECT as referenced in this Resolution; and

2.E.c
Packet Pg. 64
Attachment: Draft Resolution of Local Support (S. Grimmer-Osgood Road Intersection Improvement Project) (5275 : ACTC FUNDING

Resolution 2024-XX Page 2 of 4

WHEREAS, as part of the requirements to apply and receive ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC requires a resolution adopted by the responsible implementing agency stating the following:

1. APPLICANT will implement the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the APPLICATION; and

3. APPLICANT understands it will enter into a Project Funding Agreement (“AGREEMENT”) with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT is committed to deliver the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT is committed to secure matching funds as proposed in the APPLICATION required for awarded ALAMEDA CTC ADMINISTERED FUNDS, by phase; and

6. APPLICANT is committed to provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT is committed to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

NOW, THEREFORE, BE IT RESOLVED that APPLICANT is authorized to file an APPLICATION to ALAMEDA CTC for funding for the PROJECT; and be it further

RESOLVED that APPLICANT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect APPLICANT’s ability to implement and deliver the proposed PROJECT; and be it further

2.E.c
Packet Pg. 65
Attachment: Draft Resolution of Local Support (S. Grimmer-Osgood Road Intersection Improvement Project) (5275 : ACTC FUNDING

Resolution 2024-XX Page 3 of 4

RESOLVED that APPLICANT authorizes its CITY MANAGER or designee to execute the funding AGREEMENT with ALAMEDA CTC; and be it further

RESOLVED that APPLICANT shall provide ALAMEDA CTC with a fully-executed copy of this Resolution concurrently with submittal of the APPLICATION; and be it further

RESOLVED that the CITY COUNCIL of APPLICANT, by adopting this resolution, hereby confirms that:

1. APPLICANT will commit to implementing the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the application; and

3. APPLICANT understands it will enter into an AGREEMENT with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT commits to delivering the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT will commit matching funds as proposed in the APPLICATION against the awarded ALAMEDA CTC ADMINISTERED FUNDS by phase in the amount of $500,000, anticipated to be from City Local Fund source(s); and

6. APPLICANT will provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT will comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

2.E.c
Packet Pg. 66
Attachment: Draft Resolution of Local Support (S. Grimmer-Osgood Road Intersection Improvement Project) (5275 : ACTC FUNDING

Resolution 2024-XX Page 4 of 4

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.E.c
Packet Pg. 67
Attachment: Draft Resolution of Local Support (S. Grimmer-Osgood Road Intersection Improvement Project) (5275 : ACTC FUNDING Fremont City Council Meeting: 10/08/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5278) DOC ID: 5278
Updated: 10/3/2024 4:23 PM by Susan Gauthier Page 1
I-880/DECOTO INTERCHANGE MODERNIZATION PROJECT - Approval of Funding Agreement with the Alameda County Transportation Commission for the Design Phase of the I-880/Decoto Road Interchange Modernization Project (PWC9022); Accept and Approve Appropriation of Measure BB Funds in the Amount of $2,400,000 to the Project; Approve a Professional Services Agreement with Mark Thomas & Company, Inc. in the Amount of $2,425,000 (Including 10% Contingency) for Project Design Services; Other Appropriation Actions; and Make Finding of CEQA Exemption.

Contact Persons:

Name: Eric Hu Noe Veloso
Title: Principal Transportation Engineer Assistant City Engineer Div/Dept: Public Works Public Works
Phone: 510-494-4542 510-494-4774
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the preparation of final design plans for the I-880/Decoto Interchange Modernization Project. Actions involve receiving Measure BB grant funding from Alameda County Transportation Commission (ACTC) in the amount of $2.4 million and awarding a consultant contract. The project will improve multimodal access through the existing I-880/Decoto Road freeway interchange.

BACKGROUND: The I-880/Decoto Road Interchange Modernization Project is one of three projects currently in various stages of development by the City along the Dumbarton/Decoto Road corridor. Other projects are the Decoto Road Complete Street project and the Dumbarton Bridge to Quarry Lakes Trail project. Collectively, the three projects will improve pavement conditions, modernize traffic signals, enhance transit efficiency for the Dumbarton Express Bus, provide a continuous Class I trail facility for cyclists and pedestrians, and improve safety and comfort for all travel modes.

The I-880/Decoto Road Interchange Modernization Project is located primarily within Caltrans right of way and includes the construction of a new multi-purpose trail along the north side of Decoto Road from the Cabrillo Court intersection, through the I-880 interchange (via a series of trail loops and underpasses below the existing on/off ramps), and it will connect to the existing trail on the northwest corner of the interchange near Ardenwood Historical Farm. The existing Decoto Road bridge structure over the I-880 freeway will be widened to accommodate the new path. The project will also construct dedicated bus lanes through the interchange to improve overall transit reliability, reduce transit travel time, and improve access through the I-880 interchange.

The City has recently completed the scoping and environmental phase for the project with Caltrans. The project design phase is scheduled to start in December 2024 and extend to May 2026, with the project construction phase tentatively scheduled for Fall 2026 (subject to funding availability).

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Packet Pg. 68
Council Staff Report (ID # 5278) Meeting of October 8, 2024 Updated: 10/3/2024 4:23 PM by Susan Gauthier Page 2
DISCUSSION/ANALYSIS: In April 2024, ACTC approved the allocation of $2,400,000 in Measure BB funds for the design phase. The funding agreement that specifies the term of conditions for the proper utilization of the funds is now ready for City approval. The City issued a Request for Proposal (RFP) for the project design phase on August 27, 2024, and in response, one consulting firm, Mark Thomas & Company, Inc. submitted a design proposal on September 17, 2024. It is noted that Mark Thomas & Company was previously hired to complete the planning and environmental clearance phases of the project. An evaluation panel comprised of City staff evaluated the proposal and determined that Mark Thomas & Company has a strong understanding of the project, a qualified staff team, the ability to meet the project’s schedule, and the ability to meet City agreement and insurance requirements.

FISCAL IMPACT: The Consultant fee for the design of the I-880/Decoto Interchange Modernization Project is $2,200,000 with an additional $225,000 of contingency for a total fee amount of $2,425,000, of which $2,400,000 will be funded by the Measure BB funds allocated by ACTC. Additionally, staff recommends an allocation of $25,000 in State Gas Tax funds (SB1) from the City’s Pavement Rehabilitation Program (PWC8234) that will fully fund the consultant design services and enable efficiencies in project delivery by having a State funding contribution to the project. It is noted that the project scope of construction includes a significant level of pavement rehabilitation work along Decoto Road. Other local funds already appropriated to the project will fund the City staff time required to administer the project design phase.

ENVIRONMENTAL REVIEW: The recommended actions are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3) in that funding and design actions are considered administrative activities and are “not a project” which has the potential for causing a significant effect on the environment. Nevertheless, the appropriate environmental assessment and determination for the overall project implementation has already been completed and approved by Caltrans as part of the project’s environmental phase of work.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the I-880/Decoto Interchange Modernization Project (PWC9022):

1. Authorize the City Manager or her designee to execute a funding agreement with ACTC.

2. Appropriate $2,400,000 in ACTC Measure BB funds to PWC9022-504.

3. Reallocate $25,000 in State Gas Tax (SB1) funds from PWC8234-134 to PWC9022-134.

4. Authorize the City Manager or designee to execute a Professional Service Agreement with Mark Thomas & Company, Inc., in an amount not to exceed $2,425,000 for design services.

5. Find that the actions are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b) (3).

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Packet Pg. 69
Fremont City Council Meeting: 10/08/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5276) DOC ID: 5276
Updated: 10/3/2024 3:04 PM by Dina Lewis Page 1
ON-CALL GEOTECHNICAL PEER REVIEW SERVICES - Approval of Agreements for On-Call Geotechnical Peer Review Services with Cotton, Shires and Associates, Inc. and Ninyo & Moore Geotechnical & Environmental Sciences Consultants in the amount of $1,250,000 per Agreement; Make Finding of CEQA Exemption
Contact Persons:

Name: Jian Huang Noe Veloso
Title: Senior Civil Engineer Assistant City Engineer
Div/Dept: Public Works Public Works
Phone: 510-494-4733 510-494-4774
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the retention of specialized geotechnical engineering services as needed to enable the review of private development projects and to support the delivery of City capital projects.

BACKGROUND: On-call consultant services agreements are used for services requiring expertise that City staff does not have and/or to supplement City staff during periods of peak work demand. The work performed under this agreement will include geologic and geotechnical peer review services for proposed development projects subject to the Alquist-Priolo Earthquake Fault Zoning Act, proposed development projects subject to the Seismic Hazards Mapping Act and other non-development projects within the City as deemed necessary by the City Engineer or Building Official.

DISCUSSION/ANALYSIS: In July 2024, the City solicited proposals for On-Call Geotechnical Peer Review Services. The selected consultants will work under a five-year Master Service Agreement.

Five proposals were received from geotechnical consulting firms, listed alphabetically:

Cotton, Shires and Associates, Inc.; Geo-Logic Associates, Inc.; Haley & Aldrich, Inc.; Ninyo & Moore Geotechnical & Environmental Sciences Consultants; and Willdan Engineering.

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

Based on the results of the evaluation process, staff recommends authorizing the approval of master agreements with Cotton, Shires and Associates, Inc. and Ninyo & Moore Geotechnical & Environmental Sciences Consultants for geotechnical peer review services, in the not-to-exceed amount of $1,250,000 over a period of five years.

FISCAL IMPACT: All task order work issued, and work performed by consultants under the on-call Master Service Agreements, will be funded by projects which require geotechnical peer review.

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Council Staff Report (ID # 5276) Meeting of October 8, 2024 Updated: 10/3/2024 3:04 PM by Dina Lewis Page 2

ENVIRONMENTAL REVIEW: Environmental review is not required because award of this agreement is not a project within the meaning of California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061 (b)(3) and 15378(b) as it can be seen with certainty that there is no possibility that award of the contract will have a significant effect on the environment and the award is an administrative activity that will not result in an effect on the physical environment. The projects that the consultants will provide services for will be subject to appropriate environmental review.

ATTACHMENTS: None.

RECOMMENDATION: Approve and authorize the City Manager or her designee to execute a Master Service Agreement with the following consultants:

1. Cotton, Shires and Associates, Inc. for on-call geotechnical peer review services for a total not-to-exceed compensation of $1,250,000 for five years.

2. Ninyo & Moore Geotechnical & Environmental Sciences Consultants for on-call geotechnical peer review services for a total not-to-exceed compensation of $1,250,000 for five years.

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

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Packet Pg. 71
Fremont City Council Meeting: 10/08/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Public Projects

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5282) DOC ID: 5282
Updated: 10/3/2024 3:07 PM 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: This is a recurring report regarding 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. In accordance with law, the City Council must make regular findings, by a four fifths vote, that the emergency continues until the work is completed and the emergency is terminated by the Council.

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 bidding requirements for emergency contracts. A written determination must be made supported by substantial evidence that an emergency exists, that immediate action must be

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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.

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.

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Fremont City Council Meeting: 10/08/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5287) DOC ID: 5287
Updated: 10/3/2024 3:12 PM by Dina Lewis Page 1

REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES -
Consideration of Revisions to the Council Handbook to Update the Procedure for Requests for Ceremonial Recognition, Add a Handbook Acknowledgement Form, and Make Minor Clerical Corrections to the Document.

Contact Persons:

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

Executive Summary: The following report is being presented to the City Council for consideration of adoption of a resolution to amend the City Council Handbook of Rules and Procedures. The amended handbook updates the procedure for requests for ceremonial recognition, adds a handbook acknowledgement form, and makes minor clerical corrections to the document.

BACKGROUND: Since the incorporation of the City of Fremont in 1956, City Councils have relied on the City Council Handbook of Rules and Procedures (“Council Handbook”) as a guide to conduct business as a group and a tool to facilitate public meetings. The content of the Council Handbook is a series of procedures and rules developed by past and present councils. In December 1997, the City Council adopted the existing Council Handbook.

Throughout the past twenty years, amendments have been made periodically by resolution.

The purpose of the Council Handbook is to serve as a convenient reference and guide for conducting the business of the City at public meetings by listing relevant procedures, practices and customs. The primary users of the handbook are the City Councilmembers, City Manager, City Attorney, and City Clerk. It is a public document.

DISCUSSION/ANALYSIS: At the September 17, 2024 City Council meeting, the City Council unanimously adopted a motion directing City staff to update the Council Handbook to clarify that individual Council members cannot request proclamations and to create a handbook acknowledgement form. Accordingly, City staff recommends that the City Council approve the attached updated City Council Handbook that includes the following proposed edits:

• Appendix C, Requests for Ceremonial Recognition: Adds the following sentence to the second paragraph: “No individual Council member shall submit requests for ceremonial items, issue ceremonial items on behalf of the City of Fremont, or commit the City to approving requests for ceremonial items without the approval of the Mayor.”

• Appendix D, Council Handbook Acknowledgement Form: Adds a form for Council members to sign that acknowledges: (1) receipt of the Council Handbook, and (2) the Council member’s responsibility to review the Handbook.

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All changes are reflected as Track Changes in the attached draft of the Council Handbook.

Other minor non-substantive changes are also noted in Track Changes in the attached draft of the Council Handbook.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The updated Council Handbook 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 to CEQA Guidelines section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Since it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment, the activity is not subject to CEQA.

ATTACHMENTS:
• Draft Resolution - Council Handbook of Rules and Procedures • Draft Updated City Council Handbook of Rules and Procedures

RECOMMENDATION: Adopt a resolution amending the City Council Handbook of Rules and Procedures.

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Resolution 2023-XX Page 1 of 2

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AMENDING THE HANDBOOK OF RULES AND PROCEDURES OF THE

FREMONT CITY COUNCIL

WHEREAS, on December 9, 1997, the City Council adopted Resolution No. 9233, approving the reformatted City Council Handbook of Rules and Procedures ("Handbook"); and

WHEREAS, on December 4, 2018, Section F of the Handbook was amended by Resolution No. 2018-69 regarding the Vice Mayor Selection and Duties; and

WHEREAS, on September 7, 2021, the City Council amended the Handbook via Resolution No. 2021-62 to include norms and protocols related to the issuance of proclamations and resolutions, Council attended conferences, the use of City property for foreign dignitary visits, support of council decisions once made, and the overall agreement to govern citywide; and

WHEREAS, on October 18, 2022, the City Council amended the Handbook via Resolution No. 2022-57 to incorporate technical amendments and clerical improvements, including provisions regarding adoption of ceremonial proclamations and to clarify other provisions; and

WHEREAS, on October 10, 2023, the City Council amended the Handbook via Resolution No. 2023-48 to incorporate Rosenberg’s Rules of Order as the applicable guide for parliamentary procedure and other technical edits; and

WHEREAS, the City Council now desires to update the existing rules in the Handbook that concern the process for requesting ceremonial recognition and to add a handbook acknowledgment form.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY approves the amendments to the City Council Handbook of Rules and Procedures as set forth in Exhibit A.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Draft Resolution - Council Handbook of Rules and Procedures (5287 : REVISE CITY COUNCIL HANDBOOK OF RULES AND Resolution 2023-XX Page 2 of 2

________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ________________________________ City Clerk City Attorney

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Attachment: Draft Updated City Council Handbook of Rules and Procedures (5287 : REVISE CITY COUNCIL HANDBOOK OF RULES AND Fremont City Council Meeting: 10/08/24 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5118) DOC ID: 5118 A
Updated: 10/3/2024 3:17 PM by Dina Lewis A Page 1
INTRODUCE ORDINANCE AMENDING THE COMPOSITION OF THE GEORGE W.

PATTERSON HOUSE ADVISORY BOARD - Referral from the Recreation Commission and the George W. Patterson House Advisory Board to amend the composition of the Patterson House Advisory Board
Contact Persons:

Name: Irene Jordahl Michael Sa
Title: Recreation Superintendent II Deputy Director of Community Services
Div/Dept: Community Services Community Services
Phone: 510-494-4322 510-494-4372
E-Mail: [email protected] [email protected]

Executive Summary: The George W. Patterson House Advisory Board (Board) has had problems finding and retaining members that meet all the requirements in Fremont Municipal Code (FMC). As a result, the Board with the approval of the Recreation Commission is requesting that City Council consider amending the FMC requirements to allow regional representation and more flexibility with Board composition given the regional history of the Patterson House and location within Ardenwood Historical Farm.

BACKGROUND: Fremont City Council established uniform regulations for all boards, commissions and committees through Fremont Municipal Code (FMC) Chapter 2.20 Departments, Boards and Commissions. One such requirement was that the members all had to be Fremont residents, unless specifically allowed for each board or commission. See FMC section 2.20.030.

At the December 15, 1981 City Council meeting, the George W. Patterson House Advisory Board was established. The purpose of the Board is to oversee the general building maintenance, restoration, interpretive function and management of the Patterson House, and to procure funds for its restoration, maintenance and management. The Board consists of nine member representatives – 3 Public At Large members, 1 Recreation Commissioner member, 1 East Bay Regional Park District Board member, 2 Mission Peak Heritage Foundation members, and 2 Washington Township Historical Society members. All members were required to be Fremont residents. When a Mission Peak Heritage Foundation or Washington Township Historical Society has an opening, each group forwards a nomination from their membership to the Mayor/City Council for consideration. Due to fluctuating membership, lack of applicants and/or availability of members of the historical groups, not all representative board positions have been filled.

The Board currently has one Mission Peak Heritage Foundation, one Washington Township Historical Society, and one Citizen At Large vacancy. As a result of positions not being filled, achieving a quorum can be difficult and the Board fails to meet its role as an advisory board.

At the July 24, 2024 George W. Patterson House Advisory Board meeting, the Board voted unanimously to recommend Recreation Commission support to expand the residency

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boundaries to include Fremont, Newark and Union City and recommend City Council amend the Fremont Municipal Code.

At the September 4, 2024 Recreation Commission meeting, the Recreation Commission voted unanimously to accept the Patterson House Advisory Board’s recommendation and recommend City Council amend the FMC to expand the residency boundaries to the Tri-City area to include Fremont, Newark and Union City.

This recommendation also includes a residency exception for the East Bay Regional Park District representative who is usually an employee of the District and often not a resident of Fremont.

DISCUSSION/ANALYSIS:

At times, the Board lacks a quorum due to unfilled positions on the Board. In past years, the Board and staff have discussed options to bring new members to the Board by expanding at-Large members or residency requirements. The Mission Peak Heritage Foundation and Washington Township Historical Society have no requirement that members live in Fremont.

Thus, the resident requirement limits the pool of applicants from these two groups as well as the community at large. Lack of applicants may be due to residency requirements, general community interests, or organizational representation.

The proposed ordinance amendment would allow residents of Newark and Union City to be board members and remove any residency requirement from the representative from the East Bay Regional Park District (“District”), who is an employee of the District and often not a resident of Fremont. Broadening the scope of eligibility for advisory board members is not without precedent. The Economic Development Advisory Commission members need not be residents of Fremont. See Section 2.20.450.

Expanding the membership requirements for the Patterson House Advisory Board to the boundaries to the Tri-City area to include Newark and Union City would embrace the spirit of the original Washington Township boundaries, which is an interest of the Board. The Patterson Ranch was originally in Newark with its boundaries encompassing a large land mass including part of Fremont and Union City. The Patterson House and Ardenwood Historic Farm are regional assets that span a larger area than Fremont and could benefit from members from Newark and Union City. Broadening the reach of prospective applicants to include Newark and Union City will enable more people interested in local history who live in the surrounding areas of Ardenwood Farm to be eligible to participate in serving this regional historic treasure, and may also encourage more persons with historical interests and perspectives, and possibly allow professionals in the fields of history, museum studies, historical architecture or interior design to apply.

Broadening the membership requirements to include residents of Newark and Union City would directly address the issue of empty seats on the Board by attracting a larger and more diverse pool of candidates. Current Foundation and Society members from these cities may have an interest in participating but are unable to do so under the current restrictions.

Welcoming their involvement enhances the representation of these communities and also ensures the continuity and vitality of the Board. Expanding membership would create a more robust leadership structure, fostering engagement and innovation that reflect the needs and aspirations of the surrounding communities of Ardenwood Historic Farm.

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Ultimately, this approach will strengthen our organization and its mission, making it more inclusive and effective in serving our communities.

FISCAL IMPACT: None

ENVIRONMENTAL REVIEW: The proposed ordinance is 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. No further environmental review is necessary.

ATTACHMENTS:
• Draft Ordinance- Patterson House Board

RECOMMENDATIONS:

1. Waive the first reading and introduce the attached ordinance amending Section 2.20.560 of the Fremont Municipal Code.

2. 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.

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Ordinance No. XX- 2024 Page 1 of 2 DRAFT

ORDINANCE NO. XX-2024

AN ORDINANCE OF THE CITY OF FREMONT AMENDING
FREMONT MUNICIPAL CODE SECTION 2.20.560 TO AMEND

THE COMPOSITION OF THE PATTERSON HOUSE

ADVISORY BOARD

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

SECTION 1. FMC § 2.20.560 AMENDED
Fremont Municipal Code Title 2, Chapter 2.20, Section 2.20.560 is amended to read as follows:

Sec. 2.20.560 Regulations for subject bodies.
(a) There is a George W. Patterson House advisory board, which shall consist of nine members, as follows:

(1) Public at large: Three members.
(2) Recreation commission: One member.
(3) East Bay regional park district: One member.
(4) Mission Peak heritage foundation: Two members.
(5) Washington Township historical society: Two members.

(b) In addition, for each of the said (regular) members, an alternate member may be appointed to act in the absence of the regular member. All members shall be appointed by the mayor, subject to confirmation by the city council.

(c) Any member of the George W. Patterson House advisory board may be a resident of the cities of Fremont, Newark and Union City. The representative from East Bay Regional Park District need not be a resident of a specific city or county.

SECTION 2. 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 3. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by

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SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 5. 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:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney

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3300 Capitol Avenue Div/Dept: City Manager's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5285) DOC ID: 5285
Updated: 10/4/2024 8:08 AM by Dina Lewis Page 1
PARKING ENFORCEMENT AUTHORITY ORDINANCE - Introduce an Ordinance Amending Section 10.05.550 and Adding Section 10.05.555 to the Fremont Municipal Code to Enhance Parking Enforcement Authority 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: This staff report proposes revisions to Fremont Municipal Code parking regulations. The proposed code amendments are intended to make enforcement of existing rules prohibiting long term street parking more effective and to prohibit the parking of large vehicles in residential areas under most circumstances.

BACKGROUND: Members of the Fremont City Council have generally expressed a desire for increased enforcement and regulation of homeless encampments, inclusive of vehicle -based encampments. On April 2, 2024, staff presented parking enforcement options for Council consideration and subsequently implemented large vehicle parking restrictions in Safe-Routes-to-School zones. On June 28, 2024 a U.S. Supreme Court ruling overturned Johnson v. Grants Pass which restricted enforcement of anti-camping rules when alternative shelter is not available. On September 17, 2024 staff updated the City Council on several options under consideration to revise the City of Fremont’s municipal code to effectuate new camping and vehicle parking enforcement.

DISCUSSION/ANALYSIS: The Grants Pass decision allows the City additional latitude to intervene and further enforce limitations upon vehicles parked on the street in the City of Fremont, including those being used as shelter even when no alternative shelter is available. This staff report outlines and summarizes two municipal code revisions staff has assessed to be responsive to Council direction. A third code revision recommending the implementation of a general camping ban will be presented to the City Council upon its completion at a future meeting. The complete, technical proposed amending ordinance is attached to this staff report in its entirety.

Proposed 72 Hour Parking Restriction Code Amendment:

The most significant elements of the newly proposed code amendments are summarized as follows:

• Any vehicle that has been parked or left standing in the same location or parking spot for seventy-two (72) consecutive hours must be moved at least one thousand (1,000) feet (approximately two-tenths (2/10) of a mile) from its current location and may not return to the same parking spot for at least twenty-four (24) hours after its departure.

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• Prior to removing any vehicle from the street for violation of this seventy-two (72) hour parking limit, the California Vehicle Code requires that a warning notice advising that the vehicle will be removed or towed for violation of this code section if the vehicle is not moved at least one thousand (1,000) feet from its current location within the next thirty-six (36) hours shall be conspicuously affixed to the vehicle. The notice shall also advise that the vehicle shall not be returned to its current parking spot for at least twenty-four (24) hours after departure and, if it does return, it will be subject to immediate removal.

Proposed Ban on Large Vehicle Parking in Residential Areas of the City of Fremont The most significant elements of the newly proposed code addition are summarized as follows:

• Oversized Vehicle will be defined as any motorized vehicle or combination of motorized vehicle(s) and/or non-motorized vehicle(s), including any attached trailers, vehicle or loads thereon, which exceeds 22 feet in length, and/or 6 feet in width and 7 feet in height.

• Oversized Vehicles will generally be restricted from parking on any public street within 100 feet of a residential property line, including multi-family residential and/or mixed-use housing.

• California Vehicle Code requires that enforcement begin with a written warning notice by an authorized representative of the City and violating vehicle owners will be provided twenty-four hours to address the violation prior to the issuance of a citation and that subsequent violations of the ordinance may include the removal of the vehicle.

• After issuance of the required written warning, an oversized vehicle may be removed from the street.

• Several enforcement exemptions are proposed in the new code language to allow service and construction vehicles to access residential areas and to allow for the loading and unloading of oversized vehicles in use by residents.

Prioritization and Service Delivery
Response to violations outlined in the revised code would be largely complaint -based, which means that complaints from the community would be compiled and prioritized by the City of Fremont’s enforcement and regulatory staff. In the absence of sufficient resources to address all submitted complaints, priority will be granted to locations that enforcement staff assess to create specific traffic safety and/or pedestrian safety hazards. In the case of vehicles being used as shelter, staff will prioritize enforcement where an encampment substantially violates the City’s encampment condition guidelines. Staff will seek to prioritize locations adjacent to educational facilities or locations frequented by children and families.

The Fremont Police Department currently assigns two Parking Compliance Officers (PCOs) to work opposite patrol shifts. This allows for daily PCO coverage to address parking issues throughout the entire city. One PCO is on duty each day of the week. On average, a PCO responds to approximately ten locations per day to conduct compliance checks, issue citations, and/or facilitate the tow of a vehicle. If there is a hostile subject or suspect

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associated with a vehicle involved in other criminal activity, or if a vehicle needs to be towed, the PCO must have sworn Police Officers respond to their location. Additionally, a Community Service Officer (CSO) is assigned to oversee the PCO duties, and to manage the workload. The PCO program falls under the Traffic Unit reporting to the Traffic Lieutenant and Traffic Sergeant.

Substantially expanding parking enforcement above and beyond the current model will require a diversion of law enforcement resources from other activities or will require an expansion of assigned staff. When last analyzed in advance of the April 2, 2024 City Council meeting, staff assessed that an expansion of parking enforcement staff would ideally include the assignment of two additional Police Officers, two additional Community Service Officers, and four additional Parking Compliance Officers at a total ongoing expense of approximately $1.2 Million along with additional one-time expenses for equipment and material.

FISCAL IMPACT: Amending the municipal code as recommended carries no immediate fiscal impact. The Police Department will assess its ability to enforce the revised code using existing resources and will recommend necessary adjustments during the budget process.

ENVIRONMENTAL REVIEW: The proposed ordinance is 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.

ATTACHMENTS:
• 2024.10.08 - Draft Ordinance Parking Restriction

RECOMMENDATIONS:

1. 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.

2. Waive the first reading and introduce the attached ordinance amending Section

10.05.550 and adding Section 10.05.555 to the Fremont Municipal Code.

3. Direct the City Clerk to post and publish the ordinance in accordance with Government Code Section 36933(c)(1).

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Ordinance No. XX- 2024 Page 1 of 5

DRAFT

ORDINANCE NO. XX-2024

AN ORDINANCE OF THE CITY OF FREMONT AMENDING
FREMONT MUNICIPAL CODE SECTION 1 0.05.550
RESTRICTING ON -STREET PARKING TO 72 HOURS AND
ADDING SECTION 10.05.555 RESTRICTING OVERSIZED

PARKING IN RESIDENTIAL AREAS

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

SECTION 1. FMC § 10.05.550 AMENDED
Fremont Municipal Code Title 10, Chapter 10.05, Section 10.05.550 is amended to read as follows (additions are shown as underlined text and deletions as strikethrough):

Sec. 10.05.550 Use of streets for storage of vehicles prohibited.

No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of 72 hours. a. For purposes of this Section, the term "vehicle" shall mean any device by which any person or property may be propelled, moved, or drawn upon a street or highway, except a device moved exclusively by human power.
b. No person shall park or leave standing any vehicle on any public street, highway, alley, or publicly owned parking lot for more than seventy -two (72) consecutive hours. This prohibition shall apply to all vehicles parked or left standing within Fremont city limits unless explicitly exempt from this parking restriction by this Section or another section of this code. c. Any vehicle that has been parked or left standing in the same location or parking spot for seventy-two (72) consecutive hours must be moved at least one thousand (1 ,000) feet (approximately two -tenths (2/10) of a mile) from its current location and may not return to the same location or parking spot for at least twenty -four (24) hours after its departure. d. A vehicle shall be deemed to have been parked or left standing in violation of the seventy - two (72) hour parking limit if:

1. the vehicle has not been moved at least one thousand (1 ,000) feet (approximately two - tenths (2/10) of a mile) from the location or parking spot where it was originally parked or left standing for seventy -two (72) consecutive hours; or

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2. less than twenty -four (24) hours after the vehicle is moved in accordance with this Section, the vehicle returns to the same location or parking spot where it was previously parked or left standing for seventy -two (72) consecutive hours. e. Any vehicle that has been parked or left standing in violation of this seventy -two (72) hour parking limit may be removed from the street in accordance with California Vehicle Code Section 22651, as may be amended or renumbered from time to time. f. Prior to removing any vehicle from the street for violation of this seventy -two (72) hour parking limit, a warning notice advising that the vehicle will be removed or towed for violation of this Section if the vehicle is not moved at least one thousand (1 ,000) feet (approximately two-tenths (2/10) of a mile) from its current location within the next thirty -six (36) hours shall be conspicuously affixed to the vehicle. The notice shall also advise that the vehicle shall not be returned to its current location or parking spot for at least twenty -four (24) hours after departure and, if it does return, it will be subject to immediate removal. g. Whenever a member of the Fremont police department or other authorized city employee removes a vehicle from the street pursuant to this Section and causes it to be stored or impounded as permitted by the California Vehicle Code, the police chief or th eir designee shall comply with California Vehicle Code Section 22852, as may be amended or renumbered from time to time, governing post -storage notice and hearing requirements for registered and legal owners of record.
h. The police chief or his or her designee may establish and promulgate written administrative guidelines governing enforcement of the seventy -two (72) hour parking limit and said guidelines shall be made accessible to members of the public.

SECTION 2. FMC § 10.05.555 ADDED
Fremont Municipal Code Title 10, Chapter 10.05, Section 10.05.555 is added to read as follows:

Sec. 10.05.555 Parking of oversized vehicles restricted. a. “Oversized Vehicle” shall mean any motorized vehicle as defined in California Vehicle Code section 670 or a combination of motorized vehicle(s) and/or non-motorized vehicle(s), including any attached trailers, vehicle or loads thereon, which exceeds 22 feet in length, and/or 6 feet in width and 7 feet in height. To determine the height, width or length of a vehicle defined in this Section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments allowed by Section 35109, 35110 or 35111 of the California Vehicle Code, as the same may be amended from time to time, shall not be included. Oversized Vehicle shall include any camp trailer, camper, fifth wheel travel trailer, house car, mobilehome, trailer coach, as defined in California Vehicle Code Sections 242, 243, 324, 362, 396, 635, or successor statutes, or any recreational vehicle, as defined by California Health and Safety Code section 18010 or successor statute.

b. “Loading and Unloading” shall mean loading or unloading passengers or material to or from an Oversized Vehicle including the activities required to prepare the vehicle for travel or storage.

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c. Parking Prohibition. Unless otherwise authorized by this Section or another section of this Code, no person shall stop, stand, park or leave standing any Oversized Vehicle on any public street within 100 feet from the property line of a residential use, including multi-family residential and mix-uses.

d. Exemptions. This section shall not apply to:

1. Oversized Vehicles involved in an emergency or being repaired under emergency conditions. Emergency parking may be allowed for 24 consecutive hours where an Oversized Vehicle is left parked on a city street because of mechanical breakdown or because of physical incapacity of the driver or owner.

2. Oversized Vehicles belonging to federal, state or local authorities or public utilities that are parked while the operator of the vehicle is conducting official business.

3. Oversized Vehicles actively engaged in loading and unloading or deliveries of person, merchandise, wares, supplies, goods or other materials in the course of construction or other work from or to an adjacent residence or building. Oversized Vehicles actively engaging in loading and unloading shall park at the street curb immediately adjacent to the residence or building, or within 400 feet of the residence if this area is not available for parking due to curb configuration or codified parking restrictions.

4. Oversized Vehicles parked on a street immediately abutting a street lot line of the lot upon which the vehicle owner resides, subject to the following limitations: such parking shall be for the convenient departure from or return to the lot commencing or ending the same day of such departure or return, including any loading or unloading of persons and personal property or for the preparation of the vehicle incidental to such departure or return. Such parking shall in no event extend beyond two consecutive days, nor more than three days during any seven-day period. 5 Oversized Vehicles parked or standing in connection with, and in aid of, and during the performance of a service to or on a property in the block in which such Oversized Vehicle is parked.

e. Any owner of a vehicle in violation of this section shall be informed of said provisions of this section by written warning notice thereof by an authorized representative of the city and provided 24 hours to cease and desist any such parking violations prior to the issuance of a citation. The warning notice shall also advise the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle.

f. Any vehicle that has been parked or left standing in violation of this oversized vehicle parking restriction after issuance of a written warning notice, may be removed from the street in accordance with California Vehicle Code Section 22651, as may be amen ded or renumbered from time to time.

SECTION 3. 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

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

SECTION 6. 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

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ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

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3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5289) DOC ID: 5289
Updated: 10/4/2024 8:18 AM 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:
• Economic Development Advisory Commission Applications

APPOINTMENT:

Advisory Body Appointee Term Expires

Economic Development Advisory Commission Stephen Kapp 12/31/2027 Commercial/Industrial Representative

RECOMMENDATION: Approve appointment.

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Board and Commission Application

Board or Commission you wish to serve on: Economic Development Advisory Commission

(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. ✓
Mrs. q
Ms. q
Name: ____________JAIN__________________DEEPAK__________________G____ Last First MI

Home Address:

Street City State Zip

Home Telephone: _--_____________________ Work Telephone: __________

E-mail: ____________________ Fax:_--________________________

Resident of the City of Fremont: _Six (6)____ 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)

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Gender: ✓ Male □ Prefer to self-identify □ Female □ Prefer not to say Language(s) Spoken: English, Hindi____________ Background Information: Why do you wish to serve as a member of this Board or Commission: I’d like to contribute to the overall development of Fremont which I’ve called home since 2018. As a member of the Economic Development Advisory Commission (EDAC), software/technology startups in Fremont will find their voice in me. I’d like to advocate their contributions while proposing & supporting ideas that catalyze their growth in the city. While learning about the development plans, I’d like to enhance their impact by drawing upon my global experiences. I’d also like to support the growth of local businesses by sharing my deep expertise in software/technology. What would you bring by way of perspective or experience to this Board or Commission: I’ll bring the ‘startup’ perspective to EDAC. This perspective has evolved over past 15 years of running my own startup while helping others along the way. Following is what I get to the table: • ~30 years of experience in multi-nationals, mid-size companies & startups • Domain knowledge of Manufacturing, Telecom/Data Centers, Software/SaaS, Hardware, Entertainment, Education, and IT/Risk Advisory • Cultural sensitivity honed by doing business in India, Middle East, UK, Europe, Japan, and the USA • Deep expertise in Business Development, Marketing, Risk, Program & Product Management. Employment/Volunteer Information: Please list any qualifications you feel would provide positive input to the work of the commission. Organization: _GreenTech Consulting, LLC_______________ Dates: _2009 - Present_______ Location: _USA (Fremont/Newark, CA), UAE (Dubai), India (Jaipur, RJ)_ Position(s): _CEO___ Responsibilities/accomplishments: • Business Development • Enterprise Sales • Marketing • Hiring & Team Building • Financial, Legal & Business Risk Management • Product Design & Growth

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Organization: _Children’s International Film Festival_(CIFF)__ Dates: _2013 – 2018________ Location: _UAE (Dubai)_______________________________ Position(s): _Director________ Responsibilities/accomplishments: • Government Liaison • Strategic Partnerships • Global Brand Sponsorships • Program Management • Financial, Legal & Business Risk Management Organization: _Niles (Fremont) Rotary Club________________ Dates: _2020 - 2022________ Location: _USA (Fremont, CA)__________________________ Position(s): _Member________ Responsibilities/accomplishments: • Member of Communications Committee • Website Development & Maintenance • Promotional Videos/Films Organization: _SCORE East Bay________________________ Dates: _2020 - 2021________ Location: _USA (Oakland, CA)__________________________ Position(s): _Volunteer______ Responsibilities/accomplishments: • Advising small businesses across the USA in various areas including Strategy, Planning, Go-to-Market, Operations, Support, and Technology. Community Activities that you have been involved with (feel free to attach separate pages): CIFF______________________Filmmaking Workshops for School Students____2014 – 18___ Name of Organization Position/Responsibilities/Accomplishments Dates Trained over 3,500 school students on the craft of Filmmaking – script to screen. Special awards or recognitions you have received: • Jury at Seoul Guro International Kids Film Festival (2017) • Intellectual Property Awareness Recognition (2017) • Best IBM Innovative Deals Partner (2016) • Enriching ICT Learning Recognition (2016) • Raising Safety Awareness Recognition (2015) • Jury of the Kids Section at 19th ICFFI – The Golden Elephant (2015) • Outstanding Performance (2008)

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Education Information:

Birla Institute of Technology, India. BE – Electronics & Telecommunications 1995_ 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.

Aug 17, 2024_________________
Signature Date

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