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
November 19, 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 - November 19, 2024
November 19, 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 November 19, 2024, City Council meeting online via Zoom https://us06web.zoom.us/j/89402019871
Meeting ID: 894 0201 9871
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.
November 19, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
November 19, 2024
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM
1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)
2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.
A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.
C. EMERGENCY PLUMBING REPAIR AT POLICE CENTER - Receive Completion Report and Terminate Emergency Action For Repair at Police Center Project
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]
RECOMMENDATION: Accept completion report and terminate the emergency action for the Emergency Plumbing Repair at Police Center Project.
D. CREDIT CARD PAYMENT PROCESSING AGREEMENT - Authorize the City Manager, or Designee, to Enter into a Service Agreement with Tyler Technologies, Inc. for Credit Card Payment Processing.
Contact Persons:
Name: David Persselin
Title: Finance Director
Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]
November 19, 2024 Fremont City Council Page 4
RECOMMENDATION: Authorize the City Manager, or designee, to enter into an initial three-year agreement, with subsequent annual renewals, with Tyler Technologies, Inc. for services related to credit card processing through the Tyler Payments software solution.
3. Ceremonial Items - None.
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
5. Scheduled Items
A. AMENDMENT TO THE FY 2023/24 ACTION PLAN AND AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH ABODE SERVICES - Public Hearing (Published Notice) on amending the FY 2023/24 CDBG and ESG Action Plan and Authorizing the City Manager to Enter Into an Agreement with Abode Services for Emergency Solutions Grant (ESG) Funding for the Sunrise Village Shelter
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]
RECOMMENDATION: Staff recommends that the City Council:
1. Hold a public hearing on the Substantial Amendment to the FY 2023/24 CDBG and ESG Action Plan, adding a new activity to reallocate $89,000 in ESG funding for emergency shelter services.
2. Adopt a resolution approving the following actions:
a. Approve and authorize the City Manager, or her designee, to amend the FY 2023/24 CDBG and ESG Action Plan as described in this staff report. b. Authorize the City Manager, or her designee, to execute a one-year agreement with Abode Services, retroactive to July 1, 2024, to support the operation of the Sunrise Village Emergency Shelter, in an amount not to exceed $89,000, contingent upon a finding of no significant impact in the corresponding NEPA environmental assessments and completion of the required public comment period.
B. Scheduled Public Hearing titled “RENT REVIEW ORDINANCE ANNUAL REPORT AND PROGRAM FEE” has been continued to the
December 17, 2024 City Council Meeting
RENT REVIEW ORDINANCE ANNUAL REPORT AND PROGRAM FEE – Public Hearing (Published Notice) to Review the Annual Report on the Rent Review Ordinance and Adopt the FY 2024/25 Annual Fee
November 19, 2024 Fremont City Council Page 5
6. Other Business - None.
7. Items Referred by Councilmembers
A. Councilmember Referrals - None.
B. Appointments to Boards, Commissions, Committees - None.
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
November 19, 2024 Fremont City Council Page 6
November 19, 2024 Fremont City Council Page 7
ACRONYMS
ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD
BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET
Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program
ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment
November 19, 2024 Fremont City Council Page 8
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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 Live
January 14, 2025 7:00 p.m. City Council Meeting Council Chambers Live
January 21, 2025 7:00 p.m. City Council Meeting Council Chambers Live
January 28, 2025 CANCELLED: CC/FUSD
Liaison Committee Meeting
Monday, February 3,
2025
5:30 p.m. CC/FUSD Joint Meeting City Hosts Live
February 4, 2025 7:00 p.m. City Council Meeting Council Chambers
Live
February 11, 2025 7:00 p.m. City Council Meeting Council Live February 18, 2025 7:00 p.m. City Council Meeting Chambers Live February 25, 2025 5:30 p.m. CC/FUSD Liaison Committee
Meeting
Council
Chambers
Live
March 4, 2025 7:00 p.m. City Council Meeting FUSD
Hosts
Live
March 11, 2025 7:00 p.m. City Council Meeting Council
Chambers
Live
March 18, 2025 7:00 p.m. City Council Meeting Council
Chambers
Live
March 25, 2025 5:30 p.m. CC/FUSD Liaison Committee
Meeting
Council
Chambers
Live
Fremont City Council Meeting: 11/19/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Public Projects
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5306) DOC ID: 5306
Updated: 11/14/2024 4:33 PM by Dina Lewis Page 1
EMERGENCY PLUMBING REPAIR AT POLICE CENTER - Receive Completion Report and Terminate Emergency Action For Repair at Police Center Project Contact Persons:
Name: Jimmy Chen Hans Larsen
Title: Facilities Manager Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4715 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to inform the City Council that the Plumbing Repair at Police Center Project is compete and to terminate any further emergency actions related to the project.
BACKGROUND: In response to severe water leaks in the men’s shower room of the Fremont Police Center building, on June 14, 2024, the City Manager made the emergency determinations required based on facts and information provided by staff and authorized award of an emergency contract to immediately address the emergency.
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 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.”
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. At this time the emergency action can be terminated.
DISCUSSION/ANALYSIS: Emergency work began on July 29, 2024, and the project was completed on November 13, 2024.
Staff recommends that the Council terminate the emergency action authorized by the City Manager.
FISCAL IMPACT: The final project cost is $314,087.57 and the source of funding was through the Capital Budget appropriation for major building facility maintenance projects (PWC8393).
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Council Staff Report (ID # 5306) Meeting of November 19, 2024 Updated: 11/14/2024 4:33 PM by Dina Lewis Page 2
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.
RECOMMENDATION: Accept completion report and terminate the emergency action for the Emergency Plumbing Repair at Police Center Project.
2.C
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Fremont City Council Meeting: 11/19/24 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5307) DOC ID: 5307
Updated: 11/15/2024 10:39 AM by Dina Lewis Page 1
CREDIT CARD PAYMENT PROCESSING AGREEMENT - Authorize the City Manager, or Designee, to Enter into a Service Agreement with Tyler Technologies, Inc. for Credit Card Payment Processing.
Contact Persons:
Name: David Persselin
Title: Finance Director
Div/Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]
Executive Summary: The City is in the process of a planned upgrade from Tyler Cashiering 2019 to Tyler Cashiering 2024 as part of our ongoing software maintenance and support contract. The upgrade will require the City to change credit card payment processors, and staff is recommending that the City enter into an agreement with Tyler Technologies, Inc. for its Tyler Payments solution.
BACKGROUND: The City’s Finance Department provides central cashiering services and collects payments for a variety of services by cash, check, and credit cards. City staff uses the Tyler Cashiering system to process those payments. Tyler’s financial management systems are based on an “evergreen” model in which frequent updates to the software are made as part of the user’s maintenance contract. The City’s 2019 version of Tyler Cashiering has now been superseded by Tyler Cashiering 2024, which staff is in the process of implementing.
Although Tyler Cashiering currently supports multiple payment processing platforms, Tyler will be limiting the number of providers with the implementation of Tyler Cashiering 2024.
Currently only two options are available for credit card processing, Tyler Payments and Open Edge.
DISCUSSION/ANALYSIS: Open Edge is a commercial credit card processor owned by Global Payments Integrated. Tyler Payments is a credit card processing solution designed specifically for the public sector.
Although staff estimates that Tyler Payments will probably cost the City more in payment processing fees than Open Edge, Tyler Payments will seamlessly integrate with the City’s Tyler Munis financial management system and eliminate the need for custom integrations from third-party providers. The higher cost of the Tyler Payments system will likely be offset over time by reduced support and upgrade costs. Staff accordingly recommends that the City enter into a three-year agreement with Tyler Technologies, Inc. for credit card payment processing services using its Tyler Payments product. After the initial three-year term, the agreement is renewable on an annual basis.
The recommended agreement includes a fee of 0.50% per transaction plus $0.50 in addition to the standard credit card interchange rates and processing fees from the merchant bank.
2.D
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Council Staff Report (ID # 5307) Meeting of November 19, 2024 Updated: 11/15/2024 10:39 AM by Dina Lewis Page 2
The contract also includes the one-time purchase of eight credit card terminals for $3,352 with recurring annual services fees for the terminals of $1,440.
FISCAL IMPACT: Since credit card payment processing fees are paid from revenues collected and depend on the volume of transactions and customer card types, there is no not-to-exceed amount for the fee. The FY 2024/25 adopted operating budget includes appropriations for credit card fees estimated to be sufficient to accommodate the Tyler Payments agreement as well as the hardware purchases.
ENVIRONMENTAL REVIEW: Action on this item represents a fiscal, organizational, and/or administrative governmental activity that will not result in physical changes in the environment. Therefore, it is not a project subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager, or designee, to enter into an initial three-year agreement, with subsequent annual renewals, with Tyler Technologies, Inc. for services related to credit card processing through the Tyler Payments software solution.
2.D
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Fremont City Council Meeting: 11/19/24 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5295) DOC ID: 5295
Updated: 11/14/2024 12:25 PM by Dina Lewis Page 1
AMENDMENT TO THE FY 2023/24 ACTION PLAN AND AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH ABODE SERVICES - Public Hearing (Published Notice) on amending the FY 2023/24 CDBG and ESG Action Plan and Authorizing the City Manager to Enter Into an Agreement with Abode Services for Emergency Solutions Grant (ESG) Funding for the Sunrise Village Shelter
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: The purpose of this staff report is to request that the City Council hold a public hearing and approve a substantial amendment to the FY 2023/24 CDBG and ESG Action Plan to utilize $89,000 of Emergency Solutions Grant (ESG) funds for emergency shelter services and authorizing the City Manager to enter into a one-year agreement with Abode Services to support the Sunrise Village Emergency Shelter for FY 2024/25.
BACKGROUND: On May 9, 2023, the City Council approved the Citizens Advisory Committee (CAC) and staff’s funding recommendations for the FY 2023-2024 Community Development Block Grant (CDBG) and ESG Action Plan. Changes to any uses or funding allocations for projects identified in the Action Plan, an amendment to the Action Plan is required. Abode Services (Abode) owns and operates Sunrise Village Emergency Shelter (Sunrise Village), located in Fremont. Sunrise Village offers emergency shelter and support services to homeless individuals and families and is Fremont’s only family shelter and a critical resource for the City’s homeless response.
In September, staff presented to the City Council a variety of sources through which the City can support Abode in addressing an operating deficit it currently faces at Sunrise Village, given the critical role it plays in the City’s homeless response. Specifically, the City Council approved $150,000 in Permanent Housing Local Allocation (PHLA) funding for Abode Services. At that time, staff also indicated it had identified $89,000 in one-time FY 2023/24 ESG program funding to utilize for this purpose in FY 2024/25, retroactive to July 1, 2024.
Specific use of this ESG funding, and amending the ESG Action Plan accordingly, is now before the City Council for approval. Additionally, in FY 2024/25, Sunrise Village will receive $162,806 from the City’s Social Service Grant funding, which was previously approved.
DISCUSSION/ANALYSIS: To program and utilize the $89,000 in ESG funding for a new activity, the Department of Housing and Urban Development (HUD) requires action by the City to approve a substantial amendment to the FY 2023/24 CDBG and ESG Action Plan. A substantial amendment to the Action Plan also requires a 30-day public comment period and public hearing as outlined in the City’s Participation Plan (CPP). The proposed amendment was noticed in both the print and internet publications of the Tri-City Voice and the date of
5.A
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Council Staff Report (ID # 5295) Meeting of November 19, 2024 Updated: 11/14/2024 12:25 PM by Dina Lewis Page 2
this City Council meeting’s public hearing constitutes the 30 th and final day of the comment period.
The City has been a committed partner to Sunrise Village, using its Community Development Block Grant (CDBG) funding for the original construction of the shelter, as well as multiple renovations and expansion projects over the years. The City has also supported Sunrise Village operating costs for many years. Supporting Sunrise Village aligns with the City’s Homeless Response Plan and is critical for maintaining the number of emergency and transitional beds available for unhoused residents in Fremont.
In addition to the City funding recommended by staff in FY 2024/25, Abode has also secured $100,000 in combined commitments from Alameda County District 1 and District 2 Supervisors, as well as $224,000 from Alameda County Health’s Housing and Homeless Services Department, which will close the current operating gap and provide time for Abode to identify opportunities for long-term, structural increases to funding sources for Sunrise Village.
FISCAL IMPACT: There is a match requirement for this funding that is satisfied by the other funding granted for the Sunrise Village Shelter. As part of the FY 2024/25 Adopted Operating Budget, the City Council appropriated sufficient funds for Sunrise Village in the ESG 2023 account of Federal Operations Grants Fund (Fund 191).
ENVIRONMENTAL REVIEW: The ESG funded project listed in this staff report is subject to environmental review procedures pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA).
Consistent with NEPA regulations, funding will not be distributed to a project until appropriate NEPA review and clearance is completed for that project.
The project being recommended is exempt from review under the California Environmental Quality Act (CEQA) as the repair, maintenance or minor alteration of existing facilities involving negligible or no expansion of use pursuant to CEQA Guidelines Section 15301, and as replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site and have substantially the same purpose and capacity as the replaced structure pursuant to CEQA Guidelines Section 15302.
ATTACHMENTS:
• Draft Resolution FY 23-24 Amendment ESG
RECOMMENDATION: Staff recommends that the City Council:
1. Hold a public hearing on the Substantial Amendment to the FY 2023/24 CDBG and ESG Action Plan, adding a new activity to reallocate $89,000 in ESG funding for emergency shelter services.
2. Adopt a resolution approving the following actions:
a. Approve and authorize the City Manager, or her designee, to amend the FY 2023/24 CDBG and ESG Action Plan as described in this staff report. b. Authorize the City Manager, or her designee, to execute a one-year agreement with Abode Services, retroactive to July 1, 2024, to support the operation of the Sunrise Village Emergency Shelter, in an amount not to exceed $89,000,
5.A
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Council Staff Report (ID # 5295) Meeting of November 19, 2024 Updated: 11/14/2024 12:25 PM by Dina Lewis Page 3
contingent upon a finding of no significant impact in the corresponding NEPA environmental assessments and completion of the required public comment period.
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DRAFT
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT APPROVING AND AUTHORIZING THE SUBMITTAL OF THE FY 202 3- 2024 ANNUAL ACTION AMENDMENT; AND AUTHORIZING THE
EXECUTION OF EMERGENCY SOLUTIONS GRANT (ESG)
AGREEMENT WITH ABODE SERVICES GRANTEE; AND MAKING
FINDINGS OF CEQA EXEMPTION
WHEREAS, the City has been allocated $1,740,164 in CDBG entitlement funding and $153,361 in ESG entitlement funding from the United States Department of Housing and Urban Development (HUD) for FY 2023-2024; and
WHEREAS, Fremont residents have been afforded an adequate opportunity to participate in an advisory role in this substantial amendment during the 30-day comment period which began on October 15, 2024 to November 19, 2024.
WHEREAS, the ESG related project is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to, without limitation, pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving negligible or no expansion of use, and/or CEQA Guidelines Section 15302 as replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site and have substantially the same purpose and capacity as the replaced structure. Each of the foregoing provides a separate and independent basis for CEQA exemption. Funding will not be distributed for a project until appropriate National Environmental Policy Act (“NEPA”) review and clearance is completed;
WHEREAS, on November 19, 2024 the City Council conducted a public hearing on the proposed FY 2023-24 Annual Action Plan Substantial Amendment, afforded the public an opportunity to be heard, and considered the staff report including the staff recommendations therein
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. FY 2023/24 ESG funds are allocated as specified in the staff report to the City Council dated November 19, 2024, and incorporated herein by this reference.
SECTION 2. The City’s FY 2023-24 Annual Action Plan Substantial Amendment is approved, and the City Manager or designee is authorized to submit the approved Amended Action Plan to HUD and to execute assurances of compliance with applicable laws and regulations, and to take all other necessary actions for implementation of the FY 2023-2024 Amended Annual Action Plan.
5.A.a
Packet Pg. 16
Attachment: Draft Resolution FY 23-24 Amendment ESG (5295 : AMENDMENT TO THE FY 2023/24 ACTION PLAN AND AUTHORIZE CITY
SECTION 3. The City Manager or designee is hereby authorized to execute an ESG agreement effective retroactively to July 1, 2024 with Abode Services in the amount of $89,000 in support of the Sunrise Village Emergency Shelter.
ADOPTED, , 2024, by the City Council of the City of Fremont, by the following vote:
AYE:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
5.A.a
Packet Pg. 17
Attachment: Draft Resolution FY 23-24 Amendment ESG (5295 : AMENDMENT TO THE FY 2023/24 ACTION PLAN AND AUTHORIZE CITY