Agenda packet, regular meeting — Fremont City Council, February 4, 2025

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Raj Salwan, Mayor
Desrie Campbell, Vice Mayor
Teresa Keng, District 1
Kathy Kimberlin, District 3
Yang Shao, District 4
Yajing Zhang, District 5
Raymond Liu, 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
Arquimides Caldera, Human Services 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
February 04, 2025

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 - February 04, 2025

February 4, 2025 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 February 4, 2025, City Council meeting online via Zoom https://us06web.zoom.us/j/81993588946
Meeting ID: 819 9358 8946

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] before 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.

February 4, 2025 Fremont City Council Page 3

REVISED
Agenda
Fremont City Council Regular Meeting
February 04, 2025
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Vice Mayor Campbell from:

Washington Marriott at Metro Center
775 12th Street, NW, Business Center
Washington, DC 20005

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

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

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.

C. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE SECTIONS 9.60.040 AND

9.60.130 TO REVISE THE RENT REVIEW PROGRAM ADMINISTRATION FEE,

AND THE NOTICE REQUIREMENTS FOR RESIDENTIAL RENT INCREASES TO

CONFORM WITH STATE LAW
RECOMMENDATION: Adopt an ordinance amending Chapter 9.60 of the Fremont Municipal Code.

D. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE TITLE 18 (PLANNING AND ZONING) TO COMPLY WITH STATE LAW AND IMPLEMENT PROGRAM 4 OF THE CITY’S 2023-2031 HOUSING ELEMENT; AND MAKING FINDINGS OF CEQA EXEMPTION (PLN2025-00074)

February 4, 2025 Fremont City Council Page 4
RECOMMENDATION: Adopt the ordinance amending Title 18 (Planning and Zoning) to comply with State Law and implement Program 4 of the City’s 2023- 2031 Housing Element.

E. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT REZONING A 4.2-ACRE SITE AT THE SOUTHEAST CORNER OF

FREMONT BOULEVARD AND ICE HOUSE TERRACE FROM REGIONAL

COMMERCIAL (C-R) TO TECH INDUSTRIAL (I-T), TO ALLOW DEVELOPMENT OF AN APPROXIMATELY 69,872-SQUARE-FOOT INDUSTRIAL BUILDING

AND MAKING FINDINGS OF ADOPTION OF NEGATIVE DECLARATION RECOMMENDATION: Adopt an ordinance rezoning the project site from Regional Commercial (C-R) to Tech Industrial (I-T).

F. FREMONT-DECOTO LAND DEVELOPMENT PLAN PROJECT DESIGN AND ENVIRONMENTAL CLEARANCE SERVICE AGREEMENTS – Authorize the City Manager or Her Designee to Execute Service Agreements for Technical Project Design and Environmental Clearance Services in Conjunction With a Multifamily Residential Development at the City-Owned Property at the Southwest Corner of Fremont Boulevard and Decoto Road; and Find That This Funding Action is Not a Project Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b) as it Can be Seen With Certainty That There is No Possibility That Authorization of These Agreements Will Have a Significant Effect on the Physical Environment.

Contact Persons:

Name: Mark Hungerford Dan Schoenholz
Title: Senior Planner Community Development Director
Dept: Planning Community Development
Phone: 510-494-4541 510-494-4438
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or her designee, to execute service agreements for technical project design and environmental clearance services with KTGY, Inc., Lamphier-Gregory, Inc., CBG, and Hexagon Transportation Consultants in a combined not-to-exceed amount of $851,488 and to reallocate $1,107,488 from PWC8811-501, Strategic Investment Opportunity, to PWC9112-501, Fremont-Decoto Land Development Plan, to fund the project design and environmental clearance consultant services and staff costs associated with overseeing the planning process.

G. RADIO SERVICES PROVIDED BY EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY (EBRCSA) - Authorize the City Manager, or her Designee, to Issue Purchase Orders for Annual Operating Payments/Renewals and Execute Implementing Documents with EBRCSA for Use of the Public Safety Radio Communications System Contact Persons:

Name: Diane Brasil Sean Washington
Title: Police Business Manager Police Chief
Dept: Police Department Police Department
Phone: 510-790-6816 510-790-6969
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or her designee, to issue a purchase order for the annual operating payment to EBRCSA in an amount not to exceed $319,920 for the one-year period effective July 1, 2024, through June 30, 2025, and execute implementing documents as necessary.

February 4, 2025 Fremont City Council Page 5

3. Ceremonial Items
A. Proclamation: Congenital Heart Defect Awareness Week – February 7-14, 2025
B. Resolution: Honoring GIS Specialist II/Data Coordinator Ruby Wun for Forty-Three Years of Service Upon her Retirement
C. Resolution: Honoring GIS and Addressing Manager John Leon for Thirty-Six Years of Service Upon his Retirement

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

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items - None.

6. Other Business - None.

7. Items Referred by Councilmembers
A. Councilmember Referrals

1. MAYOR SALWAN REFERRAL: Requesting Adoption of a Resolution to Update Council Assignments to Outside Committees, Commissions, and Boards
Contact Persons:

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

RECOMMENDATION: Adopt a resolution designating Council assignments to outside committees, commissions, and boards and to update the exhibit to also reflect changes to contact information, meeting frequency and/or stipends for the various entities.

B. Appointments to Boards, Commissions, Committees

1. MAYOR SALWAN REFERRAL: Appointment and Reappointment to Advisory Bodies
Contact Persons:

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

February 4, 2025 Fremont City Council Page 6
APPOINTMENT:

Advisory Body Appointee Term Expires

Economic Development Advisory Commission Toni Marcos 12/31/2025 Commercial/Industrial Representative

REAPPOINTMENT:

Advisory Body Appointee Term Expires

Senior Citizens Commission Kathleen Fischer 12/31/2028

RECOMMENDATION: Approve appointment and reappointment.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
February 4, 2025 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

February 4, 2025 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 February 4, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 11, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 18, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 25, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
March 4, 2025 7:00 p.m. City Council Meeting Council
Chambers 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 FUSD Hosts Live
April 1, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
April 8, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
April 15, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
April 22, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting FUSD Hosts Live
April 29, 2025 No 7PM City Council Meeting
(5th Tuesday)

Fremont City Council Meeting: 02/04/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5346) DOC ID: 5346
Updated: 1/29/2025 1:24 PM by Dina Lewis Page 1

SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE SECTIONS 9.60.040 AND

9.60.130 TO REVISE THE RENT REVIEW PROGRAM ADMINISTRATION FEE, AND

THE NOTICE REQUIREMENTS FOR RESIDENTIAL RENT INCREASES TO

CONFORM WITH STATE LAW
Contact Persons:

Name: Susan Gauthier Robert Lopez
Title: City Clerk CDBG Administrator
Div/Dept: City Clerk's Office Human Services Department Phone: 510-284-4076 510-574-2043
E-Mail: [email protected] [email protected]

Executive Summary: The proposed Ordinance amends the Rent Review Ordinance (RRO) to: (1) update the methodology for establishing the Rent Review Program (Program) Administration Fee; and (2) revises notice requirements for residential rent increases to conform with state law.

The RRO authorizes the City to recover all expenditures for the administration of the Program by collecting a per-rental unit fee from residential landlords. The purpose of this staff report is to recommend that the City Council adopt a per-unit fee of $16.00 for FY 2024/25, for full cost-recovery of administering the RRO.

The ordinance was introduced by the City Council at its January 7, 2025 meeting. The ordinance is now before the Council for adoption.

ATTACHMENTS:
• Draft Ordinance - Rent Review Program Updates

RECOMMENDATION: Adopt an ordinance amending Chapter 9.60 of the Fremont Municipal Code.

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Ordinance No. XX- 2024 Page 1 of 4 ORDINANCE NO. XX-2025

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FREMONT AMENDING FREMONT MUNICIPAL CODE
SECTIONS 9.60.040 AND 9.60.130 TO REVISE THE RENT REVIEW

PROGRAM ADMINISTRATION FEE, AND THE NOTICE

REQUIREMENTS FOR RESIDENTIAL RENT INCREASES TO

CONFORM WITH STATE LAW
THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. FMC § 9.60.040 AMENDED
Fremont Municipal Code Title 9, Chapter 9.60, Section 9.60.040 is amended to read as follows (additions are shown as underlined text and deletions as strikethrough):

Sec. 9.60.040. Notice of availability of rent review required. {Subsection (a) remains unchanged}
(b) The notice of availability of rent review shall be provided in English and the most commonly used languages within the city as determined by the director based upon the American Community Survey, the most recent census or other reputable source data and shall read as follows:

NOTICE:

Under California Civil Code Section 827(b), a Landlord must provide a Tenant with 30 days’ notice prior to a rent increase of 10 percent (10%) or less and 60 90 days’ prior notice of a rent increase greater than 10 percent (10%). In addition, Chapter

9.60 of the Fremont Municipal Code requires that a Landlord must at the same time provide and serve this written notice of the City’s Rent Review Program. This program provides a procedure for Landlords and Tenants to meet to discuss issues related to rent increases. Information about this program and a copy of Chapter 9.60 are available on the City’s website at www.fremont.gov, at the City of Fremont Family Resource Center located at 39155 Liberty Street in Fremont, California, the Development Services Center located at 39550 Liberty Street in Fremont, California, and other locations designated by the Human Services Director. Copies are also available in English and the most commonly used languages within the City as determined by the Human Services Director.

You are encouraged to contact the owner or manager of your rental unit whose name is ________________ (landlord to insert the name of the Responsible Party) at _______________ (landlord to insert email address and telephone number) to discuss this rent increase for your rental unit. In addition, if you have received notice of a rent increase of more than five percent (5%) in the last 12 months, you are also entitled to review by the City’s Rent Review Board. To initiate the rent review

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Attachment: Draft Ordinance - Rent Review Program Updates (5346 : Second Reading and Adoption of an Ordinance - Rent Review Ordinance

Ordinance No. XX- 2024 Page 2 of 4 process, you must request rent review by contacting ____________________ (landlords will be advised of the name and contact information for the service provider designated by the director that is to be inserted in this notice) within 15 days of the date of the notice of rent increase. Your Landlord will be notified of your request and you will be contacted by a housing professional to discuss the rent increase. Please note that petitioning for rent review does not guarantee a reduction in the rent increase.

Under California Civil Code Section 1942.5, it is illegal for a Landlord to retaliate against a Tenant for lawfully exercising his or her legal rights. {Subsections (c) through (e) remain unchanged}
SECTION 2. FMC § 9.60.130 AMENDED
Fremont Municipal Code Title 9, Chapter 9.60, Section 9.60.130 is amended to read as follows (additions are shown as underlined text and deletions as strikethrough):

Sec. 9.60.130. Administration fees.
(a) The city shall impose an annual administration fee to recover O one hundred percent of the costs incurred in the administration of the provisions of this chapter from landlords of residential properties shall be reimbursed by residential rental unit owners to the city. On an annual basis, the city manager shall recommend to the city council the amount of the administration fees, and the city council shall adopt such fees by resolution. The fee shall be determined by the city from all the costs incurred in the administration of this chapter, in the prior calendar or fiscal year, based on (1) the general costs of administration, including the costs of defending this chapter and (2) the direct costs incurred in the rent review process, including the costs of hearing. The general costs shall be apportioned equally to all residential rental units and shall be paid by any landlord who, at any time during the applicable calendar or fiscal year, owns or operates five or more residential rental units (defined as “residential properties” in Section 9.60.020) as allowed pursuant to, and consistent with, state law.
(b) The administration fees imposed by subsection (a) of this section shall be apportioned equally to each residential unit and shall be paid by any landlord who, at any time during the applicable calendar or fiscal year, owns or operates five or more residential properties, as defined in Section 9.60.020. paid by the landlord or residential rental unit owner of five or more residential rental units The administrative fee shall be paid within 45 days from the date of mailing of the billing by the city. Assessment and collection of penalties for delinquent payment of the fees imposed by this section shall be as provided in Chapter 5.05. The city manager shall recommend to the city council the amount of administration fees, and the city council shall adopt such fees by resolution.

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Attachment: Draft Ordinance - Rent Review Program Updates (5346 : Second Reading and Adoption of an Ordinance - Rent Review Ordinance

Ordinance No. XX- 2024 Page 3 of 4 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 seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.

SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this 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 7. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 8. 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 at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause this ordinance to be published again with the names of those City Council members voting for and against the ordinance. 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.

* * *

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Attachment: Draft Ordinance - Rent Review Program Updates (5346 : Second Reading and Adoption of an Ordinance - Rent Review Ordinance

Ordinance No. XX- 2024 Page 4 of 4 The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the __ day of _____, and adopted 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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Attachment: Draft Ordinance - Rent Review Program Updates (5346 : Second Reading and Adoption of an Ordinance - Rent Review Ordinance Fremont City Council Meeting: 02/04/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5348) DOC ID: 5348
Updated: 1/29/2025 2:00 PM by Dina Lewis Page 1

SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE TITLE 18 (PLANNING AND ZONING) TO COMPLY WITH STATE LAW AND IMPLEMENT PROGRAM 4 OF THE CITY’S 2023-2031 HOUSING ELEMENT; AND MAKING FINDINGS OF CEQA EXEMPTION (PLN2025-00074)
Contact Persons:

Name: Susan Gauthier James Willis
Title: City Clerk Senior Planner
Div/Dept: City Clerk's Office Planning
Phone: 510-284-4076 510-494-4449
E-Mail: [email protected] [email protected]

Executive Summary: As part of the implementation of the 2023 – 2031 Housing Element of the Fremont General Plan, the City is required to enact the policies and rules contained in a number of programs. Program 4 requires the City to adopt objective standards for historic homes to reduce the processing time and uncertainty for applications related to eligible historic resources. The State of California requires the City to implement certain programs in the Housing Element within two years of the Housing Element’s adoption in January 2023, including Program 4.

The proposed objective standards for eligible register resources are intended to accomplish the requirements of Program 4 prior to the State mandated deadline. The proposed objective standards would preserve protections necessary for maintaining the historic integrity of historic homes in Fremont, while still meeting the City’s and State’s goals to increase the supply of housing.

The ordinance was introduced by the City Council at its January 14, 2025 meeting. The ordinance is now before the Council for adoption.

ATTACHMENTS:
• Draft Ordinance - Housing Element

RECOMMENDATION: Adopt the ordinance amending Title 18 (Planning and Zoning) to comply with State Law and implement Program 4 of the City’s 2023-2031 Housing Element.

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Ordinance No. XX-2025 (PLN2025-00074) Page 1 of 5

ORDINANCE NO. XX-2025

AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT
MUNICIPAL CODE TITLE 18 (PLANNING AND ZONING) TO COMPLY WITH STATE LAW AND IMPLEMENT PROGRAM 4 OF THE CITY’S
2023-2031 HOUSING ELEMENT; AND MAKING FINDINGS OF CEQA
EXEMPTION (PLN2025-00074)

WHEREAS, the City of Fremont (“City”) occasionally initiates amendments to the Fremont Municipal Code (“FMC”) to clarify, add, or amend certain provisions to ensure that the local regulations remain current with Federal and State law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and

WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Government Code §65589.5); and

WHEREAS, the Legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration” (Government Code §65589.5); and

WHEREAS, the Legislature adopted the Housing Crisis Act of 2019 (Senate Bill 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years;” and

WHEREAS, State Housing Element Law (Government Code §65580 et seq.) requires the City to adopt a Housing Element for the eight -year period 2023-2031 to accommodate the City’s Regional Housing Need Allocation (“RHNA”) of 12,897 housing units, comprised of 3,640 very- low income units, 2,096 low -income units, 1,996 moderate -income units, and 5,165 above moderate-income units; and

WHEREAS, State law requires that the City take meaningful steps to promote and affirmatively further fair housing (Government Code §65583(c)(5)); and

WHEREAS, State law requires that the City make zoning available for all types of housing, including multifamily housing (Government Code §§ 65583.2 and 65583(c)); and

WHEREAS, the Housing Element must be adopted to comply with State law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing (Government Code §§ 65583.2 and 65583(c)); and

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WHEREAS, on December 22, 2022, the Planning Commission held a public hearing and recommended that the City Council adopt a General Plan Amendment to update the Housing Element; and

WHEREAS, on January 10, 2023, the City Council conducted a public hearing, reviewed the 2023-2031 Housing Element and all pertinent maps, documents and exhibits, including the findings and recommended changes made by the California Department of Housing and Community Development (“HCD”), the City’s response to HCD’s findings, public comments, and the Planning Commission’s recommendation, and adopted the Housing Element after determining it to be consistent with State law and the City’s General Plan; and

WHEREAS, on March 22, 2023, HCD certified the City’s 2023 –2031 Housing Element, making Fremont the sixth city in Alameda County to receive State certification; and

WHEREAS, State law requires that the City review its Housing Element as frequently as appropriate to evaluate the progress of the City in implementation of its Housing Element (Government Code §65588); and

WHEREAS, Program 4 of the City’s 2023 -2031 Housing Element requires the City to develop Objective Design Standards for the City’s eligible historic register resources to provide a predictable basis to review housing projects; and

WHEREAS, the proposed FMC amendments to Title 18 (Planning and Zoning) are intended to implement the requirements of State law; and

WHEREAS, on , the Planning Commission held a duly noticed public hearing, during which all interested persons were heard, and recommended that the City Council adopt the proposed FMC amendments to Title 18 (Planning and Zoning); and

WHEREAS, a Staff Report, recommending approval of the proposed FMC amendments to Title 18 (Planning and Zoning), was submitted to the City Council; and

WHEREAS, on , the City Council held a duly noticed public hearing, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony herein above set forth and used its independent judgment to evaluate the project.

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

SECTION 1. SECTION 18.175.250 AMENDED

Fremont Municipal Code Title 18, Chapter 18.175, Section 18.175.250 is amended to read as follows:

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Attachment: Draft Ordinance - Housing Element (5348 : Second Reading and Adoption of an Ordinance-2024 Code Update - Housing Element Ordinance No. XX-2025 (PLN2025-00074) Page 3 of 5

18.175.250 Expedited review of minor alterations to register/potential register resources.

(a) The following categories of projects shall be reviewed by planning staff for compliance with the standards set forth in Section 18.175.220. The board secretary may take action on these projects unless the board secretary determines that the significance of the historic resource, or the discrepancies between the proposal and the findings and standards of this title, would justify more public review by a referral to either the alterations subcommittee or the board:

{Subsections (1) through (5) remain unchanged}

(6) Modifications, including residential additions, remodels, and Accessory Dwelling Units (ADUs) and/or Junior Accessory Dwelling Units (JADUs) (but not including demolition or relocation of a resource), to single-family and two-family dwellings used as such that are not register resources but have been formally identified in a DPR 532 A/L, or a successor form, as being eligible for register listing, when such modifications conform to the [insert name of document to be adopted by resolution] adopted by the City Council on [date], and as those standards may be amended.

{Subsection (b) remains unchanged}

SECTION 1. CEQA

The City Council finds that the proposed amendments to the Fremont Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis:

(1) CEQA Guideline §15061(b)(3) [Review for Exemption] in that it can be seen with certainty that there is no possibility that the proposed text amendments would have the potential for causing a significant effect on the environment, and because the proposed amendments would only modify certain zoning procedures to implement the City’s 2023-2031 Housing Element and would not approve any development.

(2) CEQA Guideline §15183 [Projects Consistent with a Community Plan, General Plan, or Zoning] and/or CEQA Guideline §15162 [Subsequent EIRs and Negative Declarations] in that the proposed text amendments are consistent with the development densities and policies in Fremont’s General Plan, for which an Environmental Impact Report (EIR) [SCH #2010082060] was previously prepared and certified, and none of the circumstances necessitating further environmental review are present. The proposed amendments do not involve peculiar impacts that were not previously analyzed or discussed as significant effects in prior EIR(s) on the general plan and zoning with which the project is consistent, there are no previously identified significant effects which are substantially more severe than analyzed in in the prior EIR(s) or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis, and many of the proposed amendments are necessary to conform with state law. Any conceivable impact of the proposed amendments would be too speculative for reasoned analysis in the absence of specific development proposals.

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Attachment: Draft Ordinance - Housing Element (5348 : Second Reading and Adoption of an Ordinance-2024 Code Update - Housing Element Ordinance No. XX-2025 (PLN2025-00074) Page 4 of 5
(3) CEQA Guideline §15262 [Feasibility and Planning Studies] in that the proposed amendments may lead to possible future actions, but the City has not yet approved, adopted, or funded those possible future actions.

(4) CEQA Guideline §15378 [Project] in that the proposed amendments are an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

SECTION 2. 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 3. EFFECTIVE DATE

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

SECTION 4. 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 , and finally adopted at a regular meeting of the City Council held on , by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Draft Ordinance - Housing Element (5348 : Second Reading and Adoption of an Ordinance-2024 Code Update - Housing Element Ordinance No. XX-2025 (PLN2025-00074) Page 5 of 5

Mayor

ATTEST:

APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Ordinance - Housing Element (5348 : Second Reading and Adoption of an Ordinance-2024 Code Update - Housing Element Fremont City Council Meeting: 02/04/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5349) DOC ID: 5349
Updated: 1/29/2025 2:34 PM by Susan Gauthier Page 1

SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT REZONING A 4.2-ACRE SITE AT THE SOUTHEAST CORNER OF

FREMONT BOULEVARD AND ICE HOUSE TERRACE FROM REGIONAL

COMMERCIAL (C-R) TO TECH INDUSTRIAL (I-T), TO ALLOW DEVELOPMENT OF AN APPROXIMATELY 69,872-SQUARE-FOOT INDUSTRIAL BUILDING AND

MAKING FINDINGS OF ADOPTION OF NEGATIVE DECLARATION
Contact Persons:

Name: Susan Gauthier James Willis
Title: City Clerk Senior Planner
Div/Dept: City Clerk's Office Planning
Phone: 510-284-4076 510-494-4449
E-Mail: [email protected] [email protected]

Executive Summary: The applicant proposes to redevelop the 4.2-acre site with a new approximately 70,000 square foot industrial building. To facilitate the project, a General Plan Amendment to redesignate the land use of the site from Regional Commercial to Tech Industrial, a corresponding Rezoning from Regional Commercial (C-R) to Tech Industrial (I-T), a Discretionary Design Review, and other land entitlement approvals have been requested.

The ordinance was introduced by the City Council at its January 14, 2025 meeting. The ordinance is now before the Council for adoption.

ATTACHMENTS:
• Draft Ordinance
• Attachment 1 to Draft Ordinance

RECOMMENDATION: Adopt an ordinance rezoning the project site from Regional Commercial (C-R) to Tech Industrial (I-T).

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Ordinance No. XX- 2025 Page 1 of 2

DRAFT

ORDINANCE NO. XX-2025

AN ORDINANCE OF THE CITY OF FREMONT REZONING A 4.2-ACRE

SITE AT THE SOUTHEAST CORNER OF FREMONT BOULEVARD

AND ICE HOUSE TERRACE FROM REGIONAL COMMERCIAL (C-R)

TO TECH INDUSTRIAL (I-T), TO ALLOW D E V E L O P M E N T O F AN APPROXIMATELY 69,872-SQUARE-FOOT INDUSTRIAL BUILDING AND

MAKING FINDINGS OF ADOPTION OF NEGATIVE DECLARATION

WHEREAS, a project applicant has proposed a General Plan Amendment (GPA) to change the land use designation of the property located at the southeast corner of Fremont Boulevard and Ice House Terrace from Regional Commercial to Tech Industrial in conjunction with an application to rezone the property to Tech Industrial (I-T); and

WHEREAS, a Negative Declaration was prepared and circulated in compliance with the California Environmental Quality Act (CEQA), adopted by Resolution of this City Council of even date, and

WHEREAS, the Planning Commission held a noticed public hearing on the project including the GPA on December 12, 2024, after which the Commission recommended that the City Council approve the GPA and the project, as proposed, by a vote of 7-0; and

WHEREAS, the City Council held a noticed public hearing on January 14, 2025, on the project, and considered the reports and documents presented by City staff, the Planning Commission’s deliberations, and the written and oral comments presented at the public hearing; and

WHEREAS, all legal requirements for adopting the proposed ordinance have been met.

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

SECTION 1. ZONING MAPS AMENDED

The Zoning Maps of the City of Fremont, codified as Fremont Municipal Code Title 18, Chapter

18.35 (Zoning Maps), Section 18.35.010, are hereby amended by rezoning property located at the southeast corner of Fremont Boulevard and Ice House Terrace, as more particularly shown on the PLN2024-00080 rezoning attached hereto and incorporated herein as Attachment 1, from Regional Commercial (C-R) to Tech Industrial (I-T).

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE

The City Council hereby finds, in accordance with CEQA Guidelines Section 15074 that it has considered the Negative Declaration as shown in Exhibit “A” to the January 14, 2025 City Council

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Attachment: Draft Ordinance (5349 : Second Reading and Adoption of an Ordinance-Rezoning Fremont & Ice House (Palisade))

Ordinance No. XX- 2025 Page 2 of 2

staff report, together with any comments received during the public review process, that was prepared in accordance with the requirements of CEQA, that there is no substantial evidence that the project will have a significant effect on the environment, and that this action reflects the independent judgment and analysis of the City of Fremont. The Director of Community Development shall file a Notice of Determination with the County Clerk in accordance with the CEQA guidelines.

SECTION 3. EFFECTIVE DATE

This ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 4. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption a summary of this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.

The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ___ day of _________, and finally adopted at a regular meeting of the City Council held on __________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
______________________________________
City Attorney

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Attachment: Draft Ordinance (5349 : Second Reading and Adoption of an Ordinance-Rezoning Fremont & Ice House (Palisade))

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Attachment: Attachment 1 to Draft Ordinance (5349 : Second Reading and Adoption of an Ordinance-Rezoning Fremont & Ice House (Palisade)) Fremont City Council Meeting: 02/04/25 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5340) DOC ID: 5340
Updated: 1/31/2025 8:54 AM by Dina Lewis Page 1

FREMONT-DECOTO LAND DEVELOPMENT PLAN PROJECT DESIGN AND ENVIRONMENTAL CLEARANCE SERVICE AGREEMENTS – Authorize the City Manager or Her Designee to Execute Service Agreements for Technical Project Design and Environmental Clearance Services in Conjunction With a Multifamily Residential Development at the City-Owned Property at the Southwest Corner of Fremont Boulevard and Decoto Road; and Find That This Funding Action is Not a Project Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b) as it Can be Seen With Certainty That There is No Possibility That Authorization of These Agreements Will Have a Significant Effect on the Physical Environment.

Contact Persons:

Name: Mark Hungerford Dan Schoenholz
Title: Senior Planner Community Development Director
Div/Dept: Planning Community Development
Phone: 510-494-4541 510-494-4438
E-Mail: [email protected] [email protected]

Executive Summary: Following State certification of the Housing Element in March 2023, staff initiated tasks to implement Program 63, which includes preparing the 9.59-acre City-owned Fremont-Decoto site for development and future sale. The initial tasks included the hiring of local land developer, WestGate Ventures, to serve as a project manager and staff advisor for the project, including completion of site constraints analyses, environmental characterization, and conceptual yield studies. The City Council authorized the WestGate Ventures funding and service agreement in January 2024 when the initial task work began.

To advance the project to the design phase, staff released a Request for Proposals (RFP) seeking proposals from technical design and environmental professionals who could provide services that inform the land development plan. From the RFP submissions, evaluation, and staff interviews, staff is recommending the following firms for plan development through entitlement approval and environmental clearance:

• KTGY – Architecture
• Ripley Design Group – Landscape Architecture / Arborist • CBG – Civil Engineering
• Giacalone Design Services – Joint Trench Design
• ENGEO – Geotechnical Engineering
• Lamphier-Gregory – Environmental Assessment
• Hexagon – Transportation Planning

Staff recommends that the City Council authorize the City Manager, or her designee, to execute service agreements with the above firms in an amount not-to-exceed $851,488, and to reallocate $1,107,488 from project PWC8811-501, Strategic Investment Opportunity,

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to PWC9112-501, Fremont-Decoto Land Plan, to fund the technical consultant work and staff time related to managing the land development planning process.

BACKGROUND: In the 2023-2031 Housing Element, the City-owned property located on Decoto Road, southwest of Fremont Boulevard, was identified in Implementation Program 63 as a surplus, underused property that is no longer needed for current or foreseeable public operations. Program 63 requires the City to commit to designating the Fremont-Decoto property for residential development, including an on-site affordable housing component, during the eight-year Housing Element planning period. The site is identified as having a realistic carrying capacity of 307 residential units based on site zoning, general lack of constraints, its location within a high resource area, having frontage along the City’s major transit corridor (Fremont Boulevard), and being of sufficient size to accommodate a variety of housing types. Entitling the site prior to sale provides the City with greater control over the site development compared to a sale of unentitled land. It will also increase the value of the property, as buyers will avoid entitlement costs and the land carrying costs associated with unentitled property.

To that end, on January 9, 2024, the City Council authorized the City Manager to enter into an agreement with WestGate Ventures, staff’s recommended project management consultant. Since their hiring, WestGate Ventures has performed or overseen several important steps in the pre-design process including: a market rate demand analysis and assessment of current and projected market conditions for the land use and density options found appropriate for the site; property due diligence, including environmental characterization and analysis of site constraints; determining viable, optimal, highest, and best uses for the site in accordance with City objectives, including adopted regulations, policies, plans and State laws; and expense and revenue analyses based on potential project use mix, housing typologies, and development costs.

The next step in the process is the hiring of a qualified consultant team that, working in close coordination with the City and WestGate Ventures, will provide technical services related to project design, site analysis, and environmental impact assessment.

DISCUSSION/ANALYSIS: An RFP for professional design and environmental consultant services was published in August 2024. The scope of services identified in the RFP included the following tasks:

• Architecture
• Landscape Architecture
• Arborist
• Civil Engineering
• Joint Trench Design
• Geotechnical Engineering
• Environmental Assessment
• Transportation Planning

Following the RFP submission period closure, a total of 20 proposals were received, including four proposals from “teams” consisting of pre-assembled individual consultants that covered the full scope of services requested in the RFP. A review panel consisting of Community Development and Public Works management staff, as well as the City’s project manager, WestGate Ventures, reviewed the proposals for responsiveness, strength of

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Council Staff Report (ID # 5340) Meeting of February 4, 2025 Updated: 1/31/2025 8:54 AM by Dina Lewis Page 3
qualifications, relevant and local experience, and price competitiveness. Following scoring of the proposals, eight individual consultants and one consultant team were interviewed. On the basis of their proposals and interviews, the following firms have been selected to work on the project:

Architecture: KTGY
Architectural site planning; building, fire, and zoning code analysis; building/unit floor plans; building exterior elevations.

Cost of services: $238,000

Landscape Architecture / Arborist: Ripley Design Group
Landscape site planning; fence/wall plan; irrigation plan; lighting plan; tree disposition and mitigation plan.

Cost of services: $35,000

Civil Engineering: CBG
Site survey; technical site planning; Vesting Tentative Tract Map; preliminary grading, utility, and stormwater plans.

Cost of services: $245,000

Joint Trench Design: Giacalone Design Services
Utility company outreach; as-built utilities review; preliminary joint trench design.

Cost of services: $25,000

Geotechnical Engineering: ENGEO
Preliminary geotechnical exploration; geotechnical characterization and stormwater infiltration testing; preliminary geotechnical report.

Cost of services: $41,000

Environmental Assessment: Lamphier-Gregory
Advisement on California Environmental Quality Act (CEQA) compliance options; technical environmental project analysis; Initial Study and Environmental Impact Report preparation.

Cost of services: $105,488

Transportation Planning: Hexagon
Local Transportation Analysis (LTA); Vehicle Miles Traveled (VMT) analysis; traffic signal design plans.

Cost of services: $84,000

To promote collaboration between related disciplines and for administrative ease, the following firms would be hired as subconsultants: Ripley Design Group (under KTGY, architects), and Giacalone Design Services and ENGEO (both under CBG, civil engineers).

Consultant services would extend from the project’s design phase through design review , permit/tentative map approval, and CEQA clearance (i.e., Notice of Determination filing).

Staff anticipates the filing of a project entitlement application in Fall/Winter 2025 and public hearings for approval of the project in Summer 2026.

The recommended consultants would contribute in varying degrees to the project’s community outreach and stakeholder engagement efforts, which will be central to development of the land plan. Specific dates for outreach have not yet been scheduled but

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are expected to occur in Summer/Fall 2025. The City’s webpage for the project provides updates on the land development planning progress for ready access to its status, outreach efforts, draft planning documents, and future public hearing actions. Once scheduled, outreach meeting information will be added to this page and publicized through other City communications channels.

FISCAL IMPACT: The collective service agreements will have a not-to-exceed amount of $851,488, which includes a 10% contingency. Staff costs associated with the design and entitlement phase of the project are estimated at $256,000, bringing the total project cost to $1,107,488. The costs of preparing the Fremont-Decoto property for sale would be funded from the Strategic Investment Opportunity project, PWC8811-501, which currently has an unallocated fund balance of approximately $8.7 million. Staff recommends that the City Council authorize the reallocation of $1,107,488 from PWC8811-501 to the Fremont- Decoto Land Plan (PWC9112-501) to fund the required project work.

The requested funding is based on the consultant team’s scopes of services and a best estimate of associated administrative staff costs. Public input, changes in project direction/composition, and other factors may increase the amount of funding required to complete the land development plan through entitlement. Should that be the case, staff may request Council authorization of additional funds to complete the project. Staff estimates that the costs associated with entitling the property will be more than offset by the net increase in sale price that entitling the property will bring. Funds from a property sale are expected to fully reimburse the costs associated with developing the plan and would also be available to fund other City priorities.

ENVIRONMENTAL REVIEW: The proposed authorization to execute agreements and fund the consultant work are exempt from environmental review as it can be seen with certainty that there is no possibility that authorization and funding of these agreements will have a significant effect on the physical environment. As such, pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(3) and 15378(b) the proposed action is not a project under CEQA.

ATTACHMENTS:
• Project Location Map

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FREMONT-DECOTO LAND DEVELOPMENT PLAN

PROJECT LOCATION MAP

Aerial Photo (2023) of Project Site and Surrounding Area.

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Attachment: Project Location Map (5340 : Fremont-Decoto Land Development Plan Project Design and Environmental Clearance Service Fremont City Council Meeting: 02/04/25 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5345) DOC ID: 5345
Updated: 1/31/2025 9:10 AM by Dina Lewis Page 1

RADIO SERVICES PROVIDED BY EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY (EBRCSA) - Authorize the City Manager, or her Designee, to Issue Purchase Orders for Annual Operating Payments/Renewals and Execute Implementing Documents with EBRCSA for Use of the Public Safety Radio Communications System
Contact Persons:

Name: Diane Brasil Sean Washington
Title: Police Business Manager Police Chief
Div/Dept: Police Department Police Department
Phone: 510-790-6816 510-790-6969
E-Mail: [email protected] [email protected]

Executive Summary: The Fremont Police, Fire, Maintenance Operations, Community Development, Community Services, Public Works, and Risk Management Division of the City Attorney’s Office currently use approximately 860 radios on the East Bay Regional Communications System Authority (EBRCSA) public safety radio system.

Staff recommends that City Council authorize the City Manager, or her designee, to issue a purchase order for the annual operating payment to EBRCSA in an amount not -to-exceed $319,920 for the one-year period effective July 1, 2024, through June 30, 2025, and execute implementing documents as necessary.

BACKGROUND: The EBRCSA Public Safety Radio System was designed and built to provide coverage and interoperability to agencies in Alameda and Contra Costa counties. The system improves officer safety, eliminates duplication of overlapping independent radio systems, and provides interoperable voice communications for users. All police, fire agencies, and the Sheriff's Offices in Alameda and Contra Costa counties use the EBRCSA public safety radio system for communications. Other districts, such as Ohlone Community College District, Contra Costa Community College District, Dublin-San Ramon Services District, and the University of California-Berkeley, also use the EBRCSA radio system.

The EBRCSA public safety radio system provides the critical radio communications infrastructure needed by the Police and Fire Departments to deliver essential public safety services to the community and surrounding cities in the event of a major disaster or emergency. Other City departments, including Maintenance Operations, Community Development, Community Services, Public Works, and the City Attorney's Office (Risk Management), currently use the ENRCSA radio system for radio communications within the respective departments, with each other and with the Police and Fire Departments.

DISCUSSION/ANALYSIS: The annual operating payments have remained at $360 per subscriber since FY 2019/20. However, the EBRCSA Board of Directors has raised the price to $372 per subscriber due to system upgrades and is currently working on a 10-year cost plan.

In FY 2024/25, the City has approximately 860 radios on the EBRCSA public safety radio

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Council Staff Report (ID # 5345) Meeting of February 4, 2025 Updated: 1/31/2025 9:10 AM by Dina Lewis Page 2
system listed in the following table:

Department/Division Radios
Police 506
Fire 208
Maintenance Operations/Admin, Buildings, Fleet, HazMat, Streets, Parks 86 Community Development/Code Enforcement, Environmental Services, Inspection 31 Community Services/Recreation 13
Public Works/Engineering-Construction Inspection 15
City Attorney’s Office/Risk Management 1
Total 860

FISCAL IMPACT: The cost for the annual Operating Payments for the one-year period of July 1, 2024, through June 30, 2025, is $319,920 (860 radios at $372 per subscriber).

There are sufficient funds for the annual Operating Payments appropriated in the FY 2024/25 operating budgets for each department/division.

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

ATTACHMENTS: None.

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Fremont City Council Meeting: 02/04/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5361) DOC ID: 5361
Updated: 1/29/2025 3:11 PM by Dina Lewis Page 1
MAYOR SALWAN REFERRAL: Requesting Adoption of a Resolution to Update Council Assignments to Outside Committees, Commissions, and Boards Contact Persons:

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

MAYOR SALWAN REFERRAL: Requesting Adoption of a Resolution to Update Council Assignments to Outside Committees, Commissions, and Boards.

BACKGROUND: On February 7, 2023, the City Council adopted Resolution No. 2023-11 designating Council assignments to outside committees, commissions, and boards. The purpose of tonight’s proposed resolution is to update the Council assignments to make new appointments and reappointments, as reflected in attached exhibit.

ATTACHMENTS:
• Draft Resolution
• DRAFT - Council Assignments 2025-2026

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Page 1 of 1 ends

DRAFT
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT DESIGNATING COUNCIL ASSIGNMENTS TO

OUTSIDE COMMITTEES, COMMISSIONS AND BOARDS

BE IT RESOLVED that the City Council of the City of Fremont does hereby make designations to outside agencies as shown on the attached Exhibit A.

ADOPTED _______________, 2025 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

7.A.1.a
Packet Pg. 32
Attachment: Draft Resolution (5361 : MAYOR SALWAN REFERRAL: Requesting Adoption of Reso Update Council Assignments to Outside Exhibit A
Mayor and City Councilmember Assignments (2025-2026)
Assignment When Stipend Appointee Appointee
Alameda County Transportation Commission (ACTC)
1111 Broadway, Suite 800, Oakland
contact: 510-208-7436, Vanessa Lee, [email protected] 4th Thursday of each month at
2 p.m.
$250 if the delegate
attends in-person.

Otherwise, the stipend
is $225 Salwan (Delegate) Zhang (Alternate)
Alameda County I-680 Sunol Express Lane JPA Committee - CTC

DELEGATE
1111 Broadway, Suite 800, Oakland
contact: 510-208-7436, Vanessa Lee, [email protected] This Committee meets quarterly,
on the second Monday of the
month at 9 AM
The stipend is $225,
and this meeting is
held virtually Salwan (Delegate) Zhang (Alternate)
East Bay Economic Development Alliance or East Bay EDA (formerly EDAB)
East Bay EDA, 1221 Oak Street, Suite 555, Oakland, CA 94612 contact: 510-272-6746, [email protected], www.EastBayEDA.org Executive Committee meets 2nd
Thursday of odd months, 12 PM.

The City does NOT have an
Executive Committee seat.

N/A
Alameda County Housing Authority
22941 Atherton Street, Board Room, Hayward 94541-6633
contact: 727-8511
2nd Wednesday of each month
8:00 a.m. $50/mtg Shao (Delegate)
Housing Commission
bylaws do not provide
for an Alternate
Commissioner
Alameda County Library Advisory Commission (ACLAC)
Fremont Main Library, 2400 Stevenson Blvd., Fremont 94538-2326 contact: 745-1504 (call to confirm meeting location and time) 1st Wednesday of Jan, April, July,
Oct
7:00 p.m. N/A Zhang (Delegate) Kimberlin (Alternate)
Alameda County Mayors' Conference
Meeting Location varies
contact: Steven Bocian, Exec. Dir.

San Leandro Civic Center
835 East 14th Street, San Leandro, CA 94577
Office: (925) 750-7943 | Mobile: (925) 437-4001
[email protected], http://www.acmayorsconference.org/ 2nd Wednesday of each month
(except August)
6:30 p.m. N/A Salwan (Member) Shao (Alternate)
Alameda County Mayors’ Conference is
responsible for the appointments.

DRAFT

7.A.1.b
Packet Pg. 33
Attachment: DRAFT - Council Assignments 2025-2026 (5361 : MAYOR SALWAN REFERRAL: Requesting Exhibit A
Mayor and City Councilmember Assignments (2025-2026)
Assignment When Stipend Appointee Appointee
AC Transit Policy Advisory Committee
1600 Franklin Street, Oakland 94612
contact: 891-7132 Tony Divito as needed, various locations N/A Keng & Campbell
(Delegates)
(second delegate,
not alternate)
Alameda County Waste Management Authority Board (ACWMA) 1537 Webster Street, Oakland, CA 94612
contact: 891-6500, Arliss Dunn, [email protected]
4th Wednesday of each month at
3:00 p.m. ($230/mtg) Shao (Delegate) Liu (Alternate)
Alameda County Waste Management Authority (ACWMA)
Program & Administrative Committee
1537 Webster Street, Oakland, CA 94612
contact: 891-6500, Arliss Dunn, [email protected]
2nd Thursday of each month at
9:00 a.m. $230/mtg Shao (Delegate) Keng (Alternate)
Association of Bay Area Governments (ABAG) General Assembly 375 Beale St. Suite 700, San Francisco CA 94105
contact: Fred Castro, [email protected], 415-820-7913
The ABAG General Assembly
meets annually. This year the
ABAG General Assembly
Business meeting is on 6/20/2025
N/A
Salwan (Delegate) Kimberlin (Alternate)
Ava Community Energy Board
(Community Choice Energy JPA)
contact: Adrian Bankhead - Clerk of the Board
1999 Harrison Street, Suite 800, Oakland, CA 94612
Direct: (510) 906-0491, Main: (833) 699 3223
Board meetings are held on the
third Wednesday of each month at
5:00 p.m.

Directors shall receive
a stipend of $100 per
meeting, as adjusted to
account for inflation,
as provided for in the
Authority’s Operating
Rules and Regulations Keng (Member) Campbell (Alternate) East Bay Division of the League of California Cities
various locations in Alameda and Contra Costa Counties
contact 916-658-8200 or Sam Caygill, [email protected] Typically 4th Thursday on bi-
monthly basis. N/A Salwan (Delegate) Shao (Alternate)
DRAFT

7.A.1.b
Packet Pg. 34
Attachment: DRAFT - Council Assignments 2025-2026 (5361 : MAYOR SALWAN REFERRAL: Requesting Exhibit A
Mayor and City Councilmember Assignments (2025-2026)
Assignment When Stipend Appointee Appointee
East Bay Regional Park Liaison Committee
Meeting sites: TBD
contact: 494-4330 Kim Beranek
TBD
Agreement calls for three
meetings per year. N/A Campbell (Delegate) Zhang (Alternate) Joint Venture Silicon Valley (JVSV)
84 West Santa Clara St., Ste 440, San Jose 95113-1820
contact: 408-271-7213 Lisa
No regular meetings scheduled.

Elected officials contacted for
special meetings as needed. N/A Salwan (Delegate) Campbell (Alternate) City of Fremont / Fremont Unified School District Liaison Committee Currently meeting virtually, alternately hosted by the City or the District Meeting site: Alternates between City Hall/Council Chambers and FUSD District Office/Board Room
contact: Susan Gauthier, City Clerk, [email protected], 510-284-4076 Meets the fourth Tuesday of each
month N/A Kimberlin Liu
Southern Alameda County Geographic Information Systems
Joint Powers Authority (SACGISJPA)
contact: John Leon/ITS, 510-494-4831 Meets Annually N/A Liu Keng (Alternate) DRAFT

7.A.1.b
Packet Pg. 35
Attachment: DRAFT - Council Assignments 2025-2026 (5361 : MAYOR SALWAN REFERRAL: Requesting Fremont City Council Meeting: 02/04/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5359) DOC ID: 5359
Updated: 1/29/2025 3:08 PM by Dina Lewis Page 1
MAYOR SALWAN REFERRAL: Appointment and Reappointment to Advisory Bodies
Contact Persons:

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

MAYOR SALWAN REFERRAL: Appointment and Reappointment to Advisory Bodies.

ATTACHMENTS:
• Economic Development Advisory Commission Application

APPOINTMENT:

Advisory Body Appointee Term Expires

Economic Development Advisory Commission Toni Marcos 12/31/2025 Commercial/Industrial Representative

REAPPOINTMENT:

Advisory Body Appointee Term Expires

Senior Citizens Commission Kathleen Fischer 12/31/2028

RECOMMENDATION: Approve appointment and reappointment.

7.B.1
Packet Pg. 36
-1-
Board and Commission Application
Board or Commission you wish to serve on: Economic Development Advisory Committee (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.
Ms.
Name:
_____________________________________________________________________ Last First MI
Home Address: ____________ _________ ______
Street City State Zip
Home Telephone: ____________ Work Telephone: ___________ E-mail: ___________________ Fax:___________________________ Resident of the City of Fremont: ____________ years \UVHPSOR\HGLQ&LW\RI)UHPRQW Demographic Information:

Ethnicity:

Ƒ American Indian or Alaskan Native Ƒ Chinese
Ƒ Black or African American Ƒ White
Ƒ Afghan Ƒ Vietnamese
Ƒ Mexican Ƒ Filipino
Ƒ Indian Ƒ Pakistani
Ƒ Other Asian origin: ________________ (write-in optional) Ƒ Other African origin: _______________ (write-in optional) Ƒ Other Hispanic, Latino, or Spanish origin: __________ (write-in optional) By City Clerk's Office at 11:30 am, Jan 13, 2025
City of Fremont
Marcos Toni S
N/A
0 Spain

7.B.1.a
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Attachment: Economic Development Advisory Commission Application (5359 : Mayor Salwan Referral: Appointments & Reappointments to -2-
Gender:

Ƒ Male Ƒ Prefer to self-identify
Ƒ Female Ƒ Prefer not to say

Language(s) Spoken: _____________________

Background Information:

Why do you wish to serve as a member of this Board or Commission: ____________________

____________________________________________________________________________

What would you bring by way of perspective or experience to this Board or Commission: _____

____________________________________________________________________________

Employment/Volunteer Information:

Please list any qualifications you feel would provide positive input to the work of the commission.

Organization: _______________________________________ Dates: ____________________

Location: ________________________________ Position(s): __________________________

Responsibilities/accomplishments: ________________________________________________

____________________________________________________________________________

Organization: _______________________________________ Dates: ____________________

Location: ________________________________ Position(s): __________________________ English and Tagalog
As the Associate Property Manager for Vestar, I have been assisting the day-to-day operations of Pacific Commons for the past five years.

Serving on the Board/Commission would allow me to stay informed about issues and events related to the City of Fremont.

Additionally, it would enable me to keep others informed about activities, events, and major retail improvements at the Center, which may help create jobs, attract businesses, and enhance the overall quality of life of the community.

With experience and knowledge in the retail real estate industry, I have been actively involved in ongoing developments at the Pacific Commons Shopping Center and the Pacific Commons Owners Association (PCOA).

For the past four years, I have served as the Secretary of the PCOA, where I oversee the maintenance and management of common area of 15 commercial parcels and Bird Sanctuary surrounding the Pacific Commons Retail Center.

Pacific Commons Shopping Center 2019-current
43440 Boscell Rd. Fremont CA Property Manager (current) Responsible for managing the whole center
(Pacific Commons/The Block), including Budget, daily operations tenant relations, development, and others.

Pacific Commons Owners Association 2020-current
43440 Boscell Rd. Fremont CA Treasurer

7.B.1.a
Packet Pg. 38
Attachment: Economic Development Advisory Commission Application (5359 : Mayor Salwan Referral: Appointments & Reappointments to -3-
Responsibilities/accomplishments: ________________________________________________