Fremont City Council
May 20, 2025

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Raj Salwan, Mayor
Teresa Keng, Vice Mayor
Desrie Campbell, District 2
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
May 20, 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 - May 20, 2025

May 20, 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 May 20, 2025, City Council meeting online via Zoom https://us06web.zoom.us/j/83018870004 Webinar ID: 830 1887 0004

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 1:00 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.

May 20, 2025 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
May 20, 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 Councilmember Shao from:

Splendor Hotel Taichung
1049 Jianping Road West District
Taichung City, Taiwan 403

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

1. APPROVAL OF MINUTES – for the Special and Regular Meetings of April 1, 2025, the Special and Regular Meetings of April 15, 2025, and the Regular Meeting of May 6, 2025
Contact Persons:

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

RECOMMENDATION: Approve minutes.

May 20, 2025 Fremont City Council Page 4
C. SECOND READING AND ADOPTION OF AN ORDINANCE... AN ORDINANCE OF THE CITY OF FREMONT AMENDING CHAPTER 8.70 OF FREMONT

MUNICIPAL CODE TO EXPAND THE DEFINITION OF A RESIDENTIAL UNIT

THAT QUALIFIES FOR TENANT RELOCATION ASSISTANCE AS DEFINED BY STATE LAW, AND; SECOND READING AND ADOPTION OF AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF FREMONT AMENDING SECTIONS

8.75.010 AND 8.75.210 OF CHAPTER 8.75 OF THE FREMONT MUNICIPAL CODE TO CLARIFY ORDINANCE ENFORCEMENT, AND; SECOND READING

AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT ADDING CHAPTER 8.85 OF FREMONT MUNICIPAL CODE TO ADOPT AN EXTERIOR

ELEVATED ELEMENTS ORDINANCE
RECOMMENDATIONS:

1. Adopt ordinance amending Chapter 8.70 (Tenant Relocation) of the Fremont Municipal Code.

2. Adopt ordinance amending Chapter 8.75 (Tobacco Retailers Licensing) of the Fremont Municipal Code.

3. Adopt ordinance adding Chapter 8.85 (Exterior Elevated Elements) to the Fremont Municipal Code.

D. CITY FACILITIES WI-FI EQUIPMENT AND LICENSES PURCHASE - Authorize the City Manager, or Designee, to Issue a Purchase Order to Saitech Inc. in the amount of $245,490.80 for the Purchase of Cisco Wi-Fi Access Points and Meraki Licenses for the City’s Facilities, and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary.

Contact Persons:

Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Dept: Information Technology
Services
Information Technology Services
Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to issue a purchase order to Saitech Inc for the purchase of Cisco Wi-Fi Access Points and Meraki Licenses for the City’s Facilities in the amount of $245,490.80 (including applicable sales tax and shipping charges).

2. Authorize the City Manager, or designee, to execute any implementing documents and take any implementing actions as necessary.

E. ALAMEDA COUNTY PROBATION DEPARTMENT AGREEMENT FOR POSITIVE YOUTH DEVELOPMENT (PYD) - Authorization to Execute an Agreement with Alameda County Probation Department for Positive Youth Development Programs Supporting At-Promise ( At-Risk) Youth and Families, July 1, 2025 through June 30, 2027, and a Subcontractor Agreement with Union City; and Make Findings of CEQA Exemption.

Contact Persons:

Name: Annie Bailey Arquimides Caldera
Title: Youth and Family Services
Administrator
Human Services Director
Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2056
E-Mail: [email protected] [email protected]

May 20, 2025 Fremont City Council Page 5

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to execute an agreement with ACPD to provide Positive Youth Development programs for a two-year period from July 1, 2025, through June 30, 2027, in an amount not to exceed $726,095, including $355,928 in FY 2025/26 and $370,167 in FY 2026/27.

2. Authorize the City Manager, or designee, to execute a subcontractor agreement with the City of Union City, for a two-year period from July 1, 2025, through June 30, 2027, in an amount not to exceed $437,190, including $214,309 for FY 2025/26 and $222,881 for FY 2026/27.

F. ALAMEDA COUNTY SOCIAL SERVICES AGENCY AGREEMENT FOR CHILD

ABUSE PREVENTION, INTERVENTION AND TREATMENT (CAPIT) -
Authorization to Execute a Two-Year Service Agreement with Alameda County Social Services Agency for City to Provide Child Abuse Prevention, Intervention and Treatment services for at-risk children and Families; and Make Findings of CEQA Exemption.

Contact Persons:

Name: Annie Bailey Arquimides Caldera
Title: Youth and Family Services
Administrator
Human Services Director
Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2056
E-Mail: [email protected] [email protected]

RECOMMENDATIONS: Authorize the City Manager, or designee, to execute a two- year agreement with ACSSA for $166,000 for the City to provide CAPIT services for the period of July 1, 2025 through June 30, 2027.

G. LANDSCAPE MAINTENANCE SERVICES FOR CITY STREETSCAPES AND RIGHT OF WAY AREAS - Approval of a Service Agreement with BrightView Landscape Services, Inc., for Landscape Maintenance Services for City Streetscapes and Right of Way Areas
Contact Persons:

Name: Monica Mathiesen Kelly King
Title: Management Analyst II Maintenance Operations Director Dept: Maintenance Operations Maintenance Operations
Phone: 510-979-5702 510-979-5753
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or designee, to execute a seven-year service agreement (July 1, 2025 to June 30, 3032) with BrightView Landscape Services for landscape maintenance services for City streetscapes and right-of-way areas, at an annual cost of $1,027,732 ($852,732 for scheduled maintenance services plus up to $175,000 for annual contingency work), with annual price increases based on CPI-U but capped at 4% per year.

H. OPIOID INNOVATIVE MINI-GRANT AGREEMENT - Authorize the City Manager to Execute $128,669 a Mini-Grant Agreement with the Three Valleys Community Foundation to Receive Funding to Support the Mobile Evaluation Team Mental Health Staff.

Contact Persons:

Name: Alina Kwak Arquimides Caldera
Title: Family Resource Center
Administrator
Human Services Director
Dept: Human Services Department Human Services Department Phone: 510-574-2004 510-574-2056
E-Mail: [email protected] [email protected]
May 20, 2025 Fremont City Council Page 6

RECOMMENDATION: Authorize the City Manager, or designee, to execute the Opioid Innovative Mini-Grant Agreement with the Three Valleys Community Foundation, through April 30, 2026, in the amount of $128,669 and appropriate the funds.

I. 2025 CAPE AND SLURRY SEAL PROJECT - Approval of Plans and Specifications; Award of Contract to American Pavement Systems, Inc. in the Amount of $4,986,119 (Including 5% Contingency) for the 2025 Cape and Slurry Seal Project (PWC8195-X2); Appropriation Actions; Make Findings of CEQA Exemption.

Contact Persons:

Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the 2025 Cape and Slurry Seal Project (PWC8195-X2):

1. Approve the plans and specifications for the project.

2. Reject the bid from the low monetary bidder.

3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, American Pavement Systems, Inc. in the amount of $4,756,119, allocate a 5% construction contingency in the amount of $230,000 for a total construction contract amount of $4,986,119, and authorize the City Manager, or designee, to execute the contract.

4. Appropriate unallocated fund balance of $43,662 in ACTC Fund 518 to PWC8195.

5. Appropriate unallocated fund balance of $27,706 in ACTC Fund 519 to PWC8195.

6. Find this project is exempt from CEQA review pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.

J. PURCHASE OF STREET SWEEPERS - Authorize Execution of a Purchase Order with Tymco, Inc., Utilizing the H-GAC Contract for the Purchase of Two Street Sweepers in an Amount Not-to-Exceed $835,959.60.

Contact Persons:

Name: Sean Gosen Kelly King
Title: Fleet Maintenance Manager Maintenance Operations Director Dept: Maintenance Operations Maintenance Operations
Phone: (510) 979-5739 510-979-5753
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or designee, to execute a purchase order with Tymco, Inc. for the purchase of two Tymco Model 600 street sweepers utilizing the H-GAC contract in an amount not-to-exceed $835,959.60.

May 20, 2025 Fremont City Council Page 7
K. FUEL SUPPLY CONTRACT - Authorization to Execute Purchase Order Contract in the amount of $1.463M with Merrimac Petroleum, Inc., DBA Merrimac Energy Group, for the Purchase and Delivery of Gasoline and Renewable Diesel Fuel with Fixed Price Adjustments for One Year Term and Options for Three One-Year Extensions
Contact Persons:

Name: Sean Gosen Kelly King
Title: Fleet Maintenance Manager Maintenance Operations Director Dept: Maintenance Operations Maintenance Operations
Phone: (510) 979-5739 510-979-5753
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or designee, to execute a purchase order contract with Merrimac Petroleum, Inc., DBA Merrimac Energy Group, for the purchase and delivery of unleaded gasoline and renewable diesel fuel for a one-year term in the amount of $1.463M with option to renew the contract for up to three one-year terms with fixed price adjustments for the entire contract term.

L. AMENDMENT TO CONTRACT FOR CITY FLEET SERVICES - Authorize the Execution of the First Amendment to Installation, Removal, Repair, Service & Purchase of Vehicle Accessories and Equipment with Stommel, Inc., DBA Lehr
Contact Persons:

Name: Sean Gosen Kelly King
Title: Fleet Maintenance Manager Maintenance Operations Director Dept: Maintenance Operations Maintenance Operations
Phone: (510) 979-5739 510-979-5753
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or designee, to execute the first amendment to the agreement with Stommel, Inc., DBA Lehr, increasing the total not-to-exceed amount to $1,950,000.

M. SURVEYING CONSULTANT SERVICES - Approval of Agreements for On-Call Surveying Consultant Services in the Amount of $1,250,000 per Agreement with Ruggeri Jensen Azar and Towill, Inc.; Make Findings of CEQA Exemption
Contact Persons:

Name: William Miller Hans Larsen
Title: Engineer II (Civil) Public Works Director
Dept: Engineering Public Works
Phone: 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to execute Master Service Agreements with Ruggeri Jensen Azar and Towill, Inc., for on-call surveying consultant services, each agreement with a term of five years and a total amount not-to- exceed $1,250,000.

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

May 20, 2025 Fremont City Council Page 8
N. UNIFORM RENTAL AND LAUNDRY SERVICES - Approval of a Service Agreement with Prudential Overall Supply for Uniform Rental and Laundry Services in the Amount of $55,000 per Year with Annual Price Increases Capped at 4 Percent per Year
Contact Persons:

Name: Monica Mathiesen Kelly King
Title: Management Analyst II Maintenance Operations Director Dept: Maintenance Operations Maintenance Operations
Phone: 510-979-5702 510-979-5753
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or designee, to execute a seven-year service agreement (July 1, 2025 to June 30, 2032) with Prudential Overall Supply for uniform rental and laundry services for Maintenance Operations staff, at an annual cost of $55,000 ($45,000 for rental and laundry services plus up to $10,000 for annual additional services) for Fiscal Year 2025/26 and 2026/27, with annual price increases based on CPI-U but capped at four percent per year.

O. TRANSPORTATION SERVICES FOR OLDER ADULTS AND PEOPLE WITH DISABILITIES (RIDE-ON TRI-CITY!) – Authorization to Execute Agreements for Ride-On Tri-City’s Ride-Hailing Services with Lyft, Inc. and GoGo Technologies, Inc. and Making Finding of CEQA Exemption Contact Persons:

Name: Shawn Fong Arquimides Caldera
Title: Paratransit Program Manager Human Services Director Dept: Human Services Department Human Services Department Phone: 510-574-2033 510-574-2056
E-Mail: [email protected] [email protected]

RECOMMENDATIONS: Authorize the City Manager, or designee, to:

1. Execute an agreement with Lyft, Inc. for ride-hailing phone app services, not-to-exceed $510,000 annually, for July 1, 2025, through June 30, 2028;

2. Execute an agreement with GoGo Technologies, Inc. for ride-hailing call center services, not to exceed $120,000 annually, for July 1, 2025, through June 30, 2028; and

3. Find that this action is exempt from CEQA pursuant to CEQA Guidelines Section 15378(b)(2), (4) and/or (5), and/or 15061(b)(3), each of the foregoing providing a separate and independent basis for CEQA exemption.

P. VACATION OF EASEMENT AT 39180 LIBERTY STREET - Adopt a Resolution Summarily Vacating a Public Utility Easement at 39180 Liberty Street in the Downtown Community Plan Area (PLN2025-00048) and Make Findings of CEQA Exemption.

Contact Persons:

Name: Homira Shafaq Hans Larsen
Title: Associate Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: (510) 494-4780 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Adopt a resolution to vacate a portion of a public utility easement at 39180 Liberty Street on grounds the easement is no longer needed.

2. Find the action is exempt from CEQA review per CEQA Guidelines Section 15305, as the vacation of access easements is considered a minor alteration in land use limitations that does not result in any land use or density changes.

May 20, 2025 Fremont City Council Page 9
Q. VACATION OF PUBLIC SERVICE EASEMENT AT 38889 BELL STREET - Adopt a Resolution Summarily Vacating an Electrolier Easement at 38889 Bell Street in the Central Community Plan Area; Make Findings of CEQA Exemption.

Contact Persons:

Name: Kenneth Nagar Hans Larsen
Title: Associate Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4732 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Adopt a resolution to vacate an Electrolier Easement at 38889 Bell Street on grounds the easement is no longer needed.

2. Find the action is exempt from CEQA review per CEQA Guidelines Section 15305, as the vacation of easements is considered a minor alteration to land use limitations that does not result in any land use or density changes.

R. VACATION OF A PORTION OF GROVE AVENUE - Adopt a Resolution Summarily Vacating a Portion of Grove Avenue Adjacent to 43401 Ellsworth Street; Make Findings of CEQA Exemption.

Contact Persons:

Name: Kenneth Nagar Hans Larsen
Title: Associate Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4732 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Adopt a resolution to summarily vacate a portion of Grove Avenue adjacent to 43401 Ellsworth Street.

2. Find the action is exempt from CEQA review per CEQA Guidelines Section 15305, as the vacation of easements is considered a minor alteration in land use limitations which does not result in any land use or density changes.

S. ACQUISITION OF LAND AND ADMINISTRATIVE CHANGE TO LAND

ACQUISITION MANUAL OF THE PARKS AND RECREATION MASTER PLAN - Adopt a Resolution authorizing the City Manager or her designee to execute an Agreement to Purchase the Property Located at Fremont Blvd. & St. Leonards Way, APN 525-802-33-3, in the amount of $800,000 and making certain findings; and Approval of an administrative change to the Land Acquisition Manual of the Parks and Recreation Master Plan; and Find that the actions are exempt from CEQA per CEQA Guidelines Sections 15183, 15004, 15061(b)(3), and 15378.

Contact Persons:

Name: Kim Beranek Ian Champeny
Title: Community Services Director Real Property Agent
Dept: Community Services Real Property
Phone: 510-494-4330 510-494-4759
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Adopt a resolution authorizing the City Manager, or designee, to execute a Purchase and Sale Agreement for the property, APN 525-802-33-3, at St.

Leonards Way and Fremont Boulevard, and all other documents necessary to complete the acquisition of the Property.

May 20, 2025 Fremont City Council Page 10

2. Find that the Property, and its purchase, is in conformity with the City’s General Plan and also meets the criteria set forth in the Parks and Recreation Master Plan, Parkland Acquisition Manual of the City of Fremont.

3. Appropriate $960,000 in Fund 542 to the Parkland Acquisition Project (PWC8311-542).

4. Amend the Parks and Recreation Master Plan Appendix I, Land Acquisition Manual, Section 4.h, Recreation Commission Review, to state, “Parcels under consideration may be reviewed and recommended by the Recreation Commission.”

5. Find that the purchase of the Property is categorically exempt from the California Environmental Quality Act (CEQA), without limitation, pursuant to CEQA Guidelines Section 15183 (General Plan and Zoning Consistency), CEQA Guidelines Section 15004 (Time of Preparation), CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption); and CEQA Guidelines Section 15378 (Not a Project).

3. Ceremonial Items
A. Proclamation: Older Americans Month (May 2025)
B. Proclamation: Jewish American Heritage Month (May 2025) C. Proclamation: 42nd Annual National Night Out (August 5, 2025) D. Resolution: Honoring Community Development Director Dan Schoenholz for Twenty-Seven 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
A. APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER - Consider Art Review Board and Parks and Recreation Commission Recommendations for Public Artwork at the Proposed Central Park Community Center; Authorize the City Manager or Her Designee to Execute Art Contracts for Amounts Not to Exceed $464,000; and Find that No Further Environmental Review Is Required Pursuant to pursuant to CEQA Guidelines Section 15183
Contact Persons:

Name: Tara Bhuthimethee Kim Beranek
Title: Parks Planning and Design
Manager
Community Services Director
Dept: Landscape Architecture Community Services
Phone: 510-494-4738 510-494-4330
E-Mail: [email protected] [email protected]
May 20, 2025 Fremont City Council Page 11

RECOMMENDATIONS:

1. Approve the first choice artist, Michele Gutlove, and second choice artist, Talley Fisher, for the indoor suspended sculpture art piece; and first choice artist, HYBYCOZO, and second choice artist, Michael Szivos/SOFTlab, for the outdoor sculpture at the Central Park Community Center; and authorize staff to use available funds in the Public Art fund (PWC8686) toward the annual maintenance of the first choice indoor suspended art piece.

2. Authorize the City Manager, or designee, to execute art contracts with the first choice artists, Michele Gutlove and HYBYCOZO, in amounts not-to-exceed $324,000.

3. Should the City be unsuccessful in negotiating a contract with the first-choice artist, authorize the City Manager, or designee, to execute an art contract with the second choice artist, Talley Fisher and/or Michael Szivos/SOFTlab in amounts not-to-exceed $324,000.

4. Should Phase 2 of the CPCC be funded, authorize the City Manager, or designee, to award Michael Szivos/SOFTlab or HYBYCOZO a contract not-to-exceed an additional $140,000, for total art contracts not-to-exceed $464,000.

5. Find that no further environmental review is required pursuant to Section 15183 of the California Environmental Quality Act (CEQA) Guidelines as the project would not result in new or substantially more severe significant environmental effects than what was analyzed in the General Plan Environmental Impact Report (EIR) (State Clearinghouse No. 2010082060) previously prepared and certified, as analyzed in the Environmental Compliance Checklist shown in Exhibit “A” of the February 11, 2025 staff report for the Central Park Community Center, and a finding that this action reflects the independent judgment of the City.

B. AMENDMENT TO THE CITY OF FREMONT MASTER FEE SCHEDULE - Public Hearing (Published Notice) to Consider Adopting a Resolution Amending the City of Fremont Master Fee Schedule to Update Human Services Department Fees
Contact Persons:

Name: Levon Gibson Arquimides Caldera
Title: Family Services
Administrator
Human Services Director
Dept: Human Services Department Human Services Department Phone: (510) 574-2062 510-574-2056
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution amending the following sections of the Master Fee Schedule for Human Service, effective immediately following Council adoption:

1. Section V.B.2 (Age Well Centers Facility Rental Schedule, SPECIAL CONDITIONS);

2. Section V.F.2 (Fremont Resource Center Facility Rental Schedule, SPECIAL CONDITIONS); and

3. Add new section authorizing the Director of Human Services to increase the Human Services fees annually in an amount not-to-exceed CPI-U to address increased costs of delivering services.

May 20, 2025 Fremont City Council Page 12
C. HUMAN RESOURCES DEPARTMENT – Public Hearing to Comply with Assembly Bill 2561 (Government Code Section 3502.3) Regarding City's Vacancies, Recruitment and Retention Efforts
Contact Persons:

Name: Tina Gallegos
Title: Human Resources Director
Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]

RECOMMENDATION: Staff recommends that the City Council conduct a public hearing on the status of the City’s vacancies, recruitment, and retention efforts and receive presentations from City staff, as well as any presentations from the recognized employee organization for each bargaining unit, as required by law.

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
May 20, 2025 Fremont City Council Page 13

ACRONYMS

ABAG Association of Bay Area Governments HARB Historical Architectural Review Board ACE Altamont Commuter Express HBA Home Builders Association ACFCD Alameda County Flood Control District HCD Housing and Community ACTC Alameda County Transportation
Commission

HRC
Development (State)
Human Relations Commission
HCD Housing and Community
ACWD Alameda County Water District ICMA

JPA
International City/County Management
Association
Joint Powers Authority
ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
LLMD Lighting and Landscaping Maintenance
District
LOCC League of California Cities
BCDC Bay Conservation & Development
Commission
LOS
MET
Level of Service
Mobile Evaluation Team
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
CALPERS California Public Employees’ Retirement
System
MTC Metropolitan Transportation
Commission
CBC California Building Code NRSRO Nationally Recognized Statistical Rating Organization
CDD Community Development Department NEPA National Environmental Policy Act CC & R’s Covenants, Conditions & Restrictions NLC National League of Cities CDBG
CEQA
Community Development Block Grant
California Environmental Quality Act
NPDES National Pollutant Discharge Elimination
System
CERT Community Emergency Response Team NPO Neighborhood Preservation Ordinance CIP Capital Improvement Program PC Planning Commission
CNG Compressed Natural Gas PD Planned District
COF City of Fremont PDA Priority Development Area
COPPS Community Oriented Policing and Public
Safety
PUC
PVAW
Public Utilities Commission
Private Vehicle Accessway
CSAC California State Association of Counties PWC Public Works Contract CTC California Transportation Commission RFP Request for Proposals dB Decibel RFQ Request for Qualifications
DEIR Draft Environmental Impact Report RHNA Regional Housing Needs Allocation DU/AC Dwelling Units per Acre ROP Regional Occupational Program EBCE East Bay Community Energy 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)
STIP State Transportation Improvement
Program
EIR Environmental Impact Report (CEQA) TCRDF Tri-Cities Recycling and Disposal Facility EIS Environmental Impact Statement TOD Transit Oriented Development

EVAW
(NEPA)
Emergency Vehicle Accessway
TS/MRF Transfer Station/Materials Recovery
Facility
FAR Floor Area Ratio UBC See CBC
FEMA Federal Emergency Management Agency VMT Vehicle Miles Travelled FFD Fremont Fire Department VTA Santa Clara Valley Transportation FMC Fremont Municipal Code Authority
FPD Fremont Police Department WMA Waste Management Authority FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment GIS Geographic Information System
GPA General Plan Amendment

May 20, 2025 Fremont City Council Page 14

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 May 20, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
May 27, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
June 3, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
June 10, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
June 17, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
June 24, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting FUSD Hosts Live
July 1, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
July 8, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
July 15, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
July 22, 2025 CANCELLED: CC/FUSD
Liaison Committee Meeting
July 29, 2025 No 7PM City Council Meeting
(5th Tuesday)

August Recess Council in Recess until
September

September 2, 2025 7:00 p.m. City Council Meeting Council Chambers Live
September 9, 2025 7:00 p.m. City Council Meeting Council Chambers Live
September 16, 2025 7:00 p.m. City Council Meeting Council Chambers Live
September 23, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
September 30, 2025 No 7PM City Council Meeting
(5th Tuesday)

Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5462) DOC ID: 5462
Updated: 5/15/2025 11:19 AM by Dina Lewis Page 1
APPROVAL OF MINUTES – for the Special and Regular Meetings of April 1, 2025, the Special and Regular Meetings of April 15, 2025, and the Regular Meeting of May 6, 2025
Contact Persons:

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

APPROVAL OF MINUTES – for the Special and Regular Meetings of April 1, 2025, the Special and Regular Meetings of April 15, 2025, and the Regular Meeting of May 6, 2025.

ATTACHMENTS:
• Draft Minutes - April 1, 2025
• Draft Minutes - April 15, 2025
• Draft Minutes - May 6, 2025

RECOMMENDATION: Approve minutes.

2.B.1
Packet Pg. 15

MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
APRIL 1, 2025

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
5:45 PM

TELECONFERENCE NOTICE

Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Councilmember Shao from:

Sheraton Grand Taipei Hotel
Business Center
No. 12 Section 1 Zhongxiao East Road
Zhongzheng District, Taipei City, Taiwan, 10049

Call to Order: Vice Mayor Keng called the meeting to order at 5:45 p.m.

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

Public Comment: Katherine Rubie, Rachel Kuhne, Grace Shepherd, and Lily Mei

CONVENED TO A CLOSED SESSION at 5:55 p.m.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:
(Government Code Section 54956.9)

Annual Litigation Update:

The City Council will receive its regular annual update on existing litigated matters:

1. Jade Bello v. City of Fremont (Filed: 2024)
Alameda County Superior Court, Case No. 24CV060104

2. California Homeless Union et al., v. City of Fremont U.S. District Court, California Northern District, Case No. 3:25-cv-02225 MMC

3. Chung-Ho Chen v. City of Fremont (Filed 2024)
Alameda County Superior Court, Case No. 24CV057824

4. Stephanie Constancio v. City of Fremont (Filed: 2022) Alameda County Superior Court, Case No. 22CV021142

5. Sofia Florian v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV045305

2.B.1.a
Packet Pg. 16
Attachment: Draft Minutes - April 1, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

6. Michael Foust v. Pacific Bell Telephone; City of Fremont (Filed: 2022) Alameda County Superior Court, Case No. 22CV013289

7. Esteban Garibay v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV050737

8. Michael Gebhardt v. City of Fremont (Filed: 2022)
Alameda County Superior Court, Case No. 22CV022860

9. Daniel Geri v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV025575

10. Mary Hyde v. City of Fremont (Filed: 2022)
Alameda County Superior Court, Case No. 22CV010244

11. Davina Johnson v. City of Fremont (Filed 2024)
Alameda County Superior Court, Case No. 24CV057806

12. Kelly King v. City of Fremont et al. (Filed: 2023)
U.S. District Court, California Northern District, Case No. 3:23-cv-00230 AMO

13. Lorenzo Lamar v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV056454

14. Mary Manners v. City of Fremont (Filed: 2022)
Alameda County Superior Court, Case No. 22CV021879

15. Jessica Maroudas v. City of Fremont (Filed: 2024)
Alameda County Superior Court, Case No. 24CV086054

16. Miselsi Johana Membreno Castro v. City of Fremont (Filed: 2024) Alameda County Superior Court, Case No. 24CV075287

17. Michael Olson v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV038889

18. Vincent Salih v. City of Fremont (Filed: 2023)
U.S. District Court, California Northern District, Case No. 3:23-cv-05108 LJC

19. Franck Sanchez v. City of Fremont (Filed: 2024)
Alameda County Superior Court, Case No. 24CV082581

20. Temple of 1001 Buddhas, MiaoLan Lee, et al. v. City of Fremont (Filed: 2021) U.S. District Court, California Northern District, Case No. 3:21-cv-04661 CRB; and Alameda County Superior Court, Case No. 21CV002808

21. Phoebe Walters v. City of Fremont (Filed 2023)
Alameda County Superior Court, Case No. 23CV046855

2.B.1.a
Packet Pg. 17
Attachment: Draft Minutes - April 1, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

22. Fang Xia v. City of Fremont (Filed 2024)
Alameda County Superior Court, Case No. 24CV080204

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

Attest: Approved:

Susan Gauthier, City Clerk RAJ SALWAN, Mayor

2.B.1.a
Packet Pg. 18
Attachment: Draft Minutes - April 1, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

MINUTES

FREMONT CITY COUNCIL MEETING
APRIL 1, 2025

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

TELECONFERENCE NOTICE

Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Councilmember Shao from:

Sheraton Grand Taipei Hotel
Business Center
No. 12 Section 1 Zhongxiao East Road
Zhongzheng District, Taipei City, Taiwan, 10049

1. PRELIMINARY

A. Call to Order: Mayor Salwan called the meeting to order at 7:02 p.m.

B. Flag Salute: Vice Mayor Keng led the salute to the flag.

C. Roll Call: Mayor Salwan, Vice Mayor Keng, Councilmembers: Campbell, Kimberlin, Shao, Zhang, and Liu. Councilmember Shao departed at 8:33 p.m.

D. Announcements by Mayor/City Manager/City Attorney

Mayor Salwan announced the Boards and Commissions vacancies.

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

E. Report Out of Closed Session (if applicable)

City Attorney Alvarado reported that the Council conducted a conference in Closed Session this evening. The Council discussed Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9. No reportable action was taken.

2. CONSENT CALENDAR

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

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

2.B.1.a
Packet Pg. 19
Attachment: Draft Minutes - April 1, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* B. Approval of Minutes – None.
* C. Mayor Salwan opened consideration of authorizing City Manager, or her Designee, to Execute a Lease Agreement for Use of the Fremont Community Activities Center (Fremont Cultural Arts Council)
On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council authorized the City Manager, or her designee, to execute a new 5-year lease agreement with two, 5-year renewal options with the Fremont Cultural Arts Council for the use of the Fremont Community Activities Center, 3375 Country Drive.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* D. Mayor Salwan opened consideration of approving a Professional Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $1,365,309 (including 15% Contingency) for Design Services for the East Bay Greenway Trail Segment from Irvington to the Fremont BART Station (PWC9101); Appropriation Actions; and Make Findings of CEQA Exemption.

On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council Approved the following actions related to the East Bay Greenway (Irvington to Fremont BART) Project (PWC9101):

1. Authorized the City Manager, or her designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., in an amount not-to-exceed $1,365,309 for design services.

2. Authorized the City Manager, or her designee, to conduct all negotiations and execution of all documents related to the federal earmark funds.

3. Reallocated $200,000 from PWC9041-136 to PWC9101-136.

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

2.B.1.a
Packet Pg. 20
Attachment: Draft Minutes - April 1, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* E. Mayor Salwan opened consideration of authorization to Execute an Amendment with Lyft, Inc. for Ride-On Tri-City’s Ride-Hailing Service; Appropriation of additional funds to Measure BB Paratransit Fund; and Making Finding of CEQA Exemption. (Transportation Services for Older Adults and People with Disabilities (RIDE-ON TRI- CITY!))
On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council:

1. Authorized the City Manager, or her designee, to execute an amendment to the current agreement with Lyft, Inc. to increase the not to exceed amount for FY 2024/25 services from $270,000 to $380,000.

2. Appropriated an additional $110,000 in the Measure BB Paratransit Fund (Fund 252).

3. Made a finding of CEQA exemption.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* F. Mayor Salwan opened consideration of approving Plans and Specifications, and Award a Contract to O’Grady Paving, Inc. in the Amount of $2,963,125.80 (Including 5% Contingency) for the 2025 Pavement Rehabilitation Project (PWC8234-Y); Make Findings of CEQA Exemption.

On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council approved the following actions related to the 2025 Pavement Rehabilitation Project (PWC8234-Y):

1. Approve the plans and specifications for the project.

2. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, O’Grady Paving, Inc. in the amount of $2,822,125.80, plus a 5% construction contingency in the amount of $141,000.00 for a total construction contract amount of $2,963,125.80 and authorize the City Manager, or her designee, to execute the contract.

3. Find this project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing) and Section 15302 (replacement or reconstruction of existing structures/facilities).

2.B.1.a
Packet Pg. 21
Attachment: Draft Minutes - April 1, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* G. Mayor Salwan opened consideration of authorizing the City Manager to amend the Memorandum of Understanding (MOU) with Teamsters, Local 856.

On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council authorized the City Manager, or her designee, to enter into a side letter agreement with the Teamsters, Local 856 Union, amending the current Memorandum of Understanding (MOU) between the two parties to adjust base compensation for Police Communications Dispatcher Supervisors by 4% and Police Communications Dispatchers by 2% effective as soon as administratively feasible.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* H. Mayor Salwan opened consideration of approval of 5-year, $450,000 Contract, with a $175,000 Option to Extend for Two Years, between City and Living Systems Land Management for Weed Abatement and Fire Fuel Management at Sabercat Historical Park and Making Findings of CEQA Exemption. (Weed Abatement by Goats) On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council authorized the City Manager, or her designee, to execute a contract with Living Systems Land Management for Weed Abatement by Goats at Sabercat Historical Park in the amount of $450,000 for five years with the option to extend for an additional two years in an amount not- to-exceed $175,000.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* I. Mayor Salwan opened consideration of authorization to Execute a Five Year Agreement for Investment Advisory Services with PFM Asset Management for an annual not-to-exceed amount of $350,000.

On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council authorized the City Manager, or her designee, to execute an agreement with PFM Asset Management, a division of U.S. Bancorp Asset Management, Inc., to provide investment

2.B.1.a
Packet Pg. 22
Attachment: Draft Minutes - April 1, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

advisory services at an annual not-to-exceed amount of $350,000 for a term beginning when the previous agreement expires and ending on June 30, 2030.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

3. CEREMONIAL ITEMS
A. Proclamation: Arts, Culture, and Creativity Month (April 2025) B. Proclamation: Earth Day 55th Anniversary (April 22, 2025) C. Recognition for the Santa Clara County 2024 Synopsys Championship Science Fair Winners from Fremont

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

Mayor Salwan opened the public comment period. The following people commented:

Rachel Kuhne, Grace Shepherd, Vipin Sharma, Katherine Rubie, Golden Shao, and Sundari Yanamanram. There being no additional speakers, Mayor Salwan closed the public comment period.

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS
A. Mayor Salwan opened consideration of receiving Presentation and Provide Input to Staff on the Preparation of the City’s Five-Year Capital Improvement Program (CIP) for Fiscal Years 2025/26 through 2029/30
Public Works Director Hans Larsen and Community Services Director Kim Beranek shared a presentation. Staff responded to questions from Councilmembers. Councilmembers provided comments. Mayor Salwan opened the Public Comment period. The following people commented: Gary Mills (Niles Main Street), Krysten Laine (Niles Main Street), Steve Skala, John Hinds, and Abe Mazliach. There being no additional speakers, Mayor Salwan closed the Public Comment period. Staff responded to questions from Councilmembers.

On a motion by Councilmember Zhang, seconded by Councilmember Campbell, the City Council Receive presentation and provided input to staff on the preparation of the City’s

2.B.1.a
Packet Pg. 23
Attachment: Draft Minutes - April 1, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

Five-Year Capital Improvement Program (CIP) for Fiscal Years 2025/26 through 2029/30 and find that the action is exempt from CEQA review per CEQA Guidelines Section 15378.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Zhang and Liu
Noes: None

Absent: Councilmember Shao
Abstain: None

7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals – None.

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

C. Legislative Actions – None.

D. Report on Committee Assignments
Councilmembers reported on their various meetings.

8. ADJOURNMENT: There being no further business, Mayor Salwan adjourned the meeting at 9:00 p.m.

Attest: Approved:

Susan Gauthier, City Clerk RAJ SALWAN, Mayor

2.B.1.a
Packet Pg. 24
Attachment: Draft Minutes - April 1, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
APRIL 15, 2025

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
6:00 P.M.

Call to Order: Mayor Salwan called the meeting to order at 6:00 p.m.

Roll Call: Present: Mayor Salwan, Vice Mayor Keng, Councilmembers: Campbell, Kimberlin, Shao, Zhang, and Liu

Public Comment: None.

CONVENED TO A CLOSED SESSION at 6:01 p.m.

CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code Section 54957.6)

City Designated Representatives: Karena McGee Shackelford, City Manager; Rafael E. Alvarado Jr., City Attorney; Brian Stott, Assistant City Manager; Christina Briggs, Assistant City Manager; Allen Demers, Deputy City Manager; David Persselin, Finance Director; Tina Gallegos, Human Resources Director; Elana Rivkin-Haas, Senior Deputy City Attorney; Charles Sakai, Designated Representative; and Allyson Hauck, Designated Representative.

Organizations Representing Employees:
• City of Fremont Employee Association
• Operating Engineers Local Union 3
• Teamsters Local 856
• Fremont Police Association
• Fremont Police Managers’ Association
• Professional Engineers and Technicians Association
• Fremont Association of Management Employees
• Fremont Fire Fighters
• Fremont Fire Fighters Battalion Chiefs

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

Attest: Approved:

_____________________________ ___________________________ Susan Gauthier, City Clerk RAJ SALWAN, Mayor

2.B.1.b
Packet Pg. 25
Attachment: Draft Minutes - April 15, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

MINUTES

FREMONT CITY COUNCIL MEETING
APRIL 15, 225

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY
A. Call to Order: Mayor Salwan called the meeting to order at 7:03 p.m.

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

C. Roll Call: Mayor Salwan, Vice Mayor Keng, Councilmembers: Campbell, Kimberlin, Shao, Zhang and Liu

D. Announcements by Mayor/City Manager/City Attorney
Mayor Salwan announced the Boards and Commissions vacancies.

City Manager Shackelford introduced colleagues.

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

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

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

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* B. Mayor Salwan opened consideration of Approval of Minutes – for the Regular Meeting of February 11, 2025, the Special and Regular Meetings of February 18, 2025, the Special Meeting of February 28, 2025, the Special and Regular Meetings of March 4, 2025, the Special and Regular Meetings of March 18, 2025, and the Special Meeting of March 25, 2025.

2.B.1.b
Packet Pg. 26
Attachment: Draft Minutes - April 15, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

On a motion by Councilmember Kimberlin, seconded by Councilmember Liu, the City Council approved minutes with clerical corrections to the Minutes of the Special Meeting of February 28, 2025, and City Council Retreat Report.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* C. Mayor Salwan opened consideration of authorizing the City Manager, or Her Designee, to Execute an Amendment to the Master Licensing Agreement with e-Plan, Inc. to Extend the Term an Additional Two Years and Increase the Not-to-Exceed Compensation an Additional $354,215 to $847,895 for the Five Year Term.

On a motion by Councilmember Kimberlin, seconded by Councilmember Liu, the City Council authorized the City Manager, or her designee, to execute an amendment to the Master Licensing Agreement with e-Plan, Inc., to extend the term an additional two years and increase the not-to-exceed compensation an additional $354,215 to $847,895 for the five-year term.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* D. Mayor Salwan opened consideration of authorizing the City Manager, or Her Designee, to Execute an Amendment to the Master Licensing Agreement with Velosimo, Inc. to Add Middleware Connector Services to Support the Accela-LaserFiche Integration, Increase the Not-to-Exceed Compensation an additional $108,275 to a $201,106, and Extend the Five-Year Term an Additional Year to 2030.

On a motion by Councilmember Kimberlin, seconded by Councilmember Liu, the City Council authorized the City Manager, or her designee, to execute an amendment to the Master Licensing Agreement with Velosimo, Inc. to add middleware connector services to support the Accela-LaserFiche integration, increase the not-to-exceed compensation an additional $108,275 to $201,106, and extend the five-year term an additional year to 2030.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

2.B.1.b
Packet Pg. 27
Attachment: Draft Minutes - April 15, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

* E. Mayor Salwan opened consideration of authorizing the City Manager to Amend a Purchase Order with Golden State Emergency Vehicle Service, Increasing the Amount by $155,000 for Fiscal Year 2024/25. (Parts and Service for Fire Apparatus) On a motion by Councilmember Kimberlin, seconded by Councilmember Liu, the City Council authorized the City Manager, or her designee, to increase the existing Purchase Order with Golden State Emergency Vehicle Service by $155,000 for FY 24/25.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* F. Mayor Salwan opened consideration of authorizing the City Manager to Execute a Third Amendment to Provide Housing Transition Navigation and Housing Tenancy and Sustaining Services and Making Findings of CEQA Exemption. (Alameda County Housing Community Supports Amendment)
On a motion by Councilmember Kimberlin, seconded by Councilmember Liu, the City Council:

1. Authorized the City Manager, or her designee, to execute a Third Amendment with Alameda County in an amount not-to-exceed $834,600 for the City to provide Housing Transition Navigation and Housing Tenancy and Sustaining Services.

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

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* G. Mayor Salwan opened consideration of authorizing the City Manager, or Her Designee, to Enter into a Three-Year Microsoft Enterprise Agreement with Dell Marketing, L.P., in the amount of $2,619,526.89, Payable in Annual Payments, and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary.

On a motion by Councilmember Kimberlin, seconded by Councilmember Liu, the City Council:

2.B.1.b
Packet Pg. 28
Attachment: Draft Minutes - April 15, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

1. Authorized the City Manager, or her designee, to enter into a Microsoft Enterprise Agreement with Dell Marketing L.P., in the amount of $2,619,526.89, payable in annual payments of $873,175.63.

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

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* H. Mayor Salwan opened consideration of authorizing the City Manager, or Her Designee, to Issue a Purchase Order to Dell Marketing L.P. in the amount of $596,577.79 for the Purchase of Servers Infrastructure and Storage, and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary.

On a motion by Councilmember Kimberlin, seconded by Councilmember Liu, the City Council:

1. Authorized the City Manager, or her designee, to issue a purchase order to Dell Marketing L.P. for the Dell VxRail Hyperconverged servers and storage solution replacement in the amount of $596,577.79 (including applicable sales tax and shipping charges).

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

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* I. Mayor Salwan opened consideration of authorizing the City Manager, or Her Designee, to Issue a Purchase Order to Dell Marketing L.P. in the amount of $248,838.98 for the Purchase of Servers Infrastructure and Storage for Business Continuity, Disaster Recovery, and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary.

On a motion by Councilmember Kimberlin, seconded by Councilmember Liu, the City Council:

1. Authorized the City Manager, or her designee, to issue a purchase order to Dell Marketing L.P. for the Dell VxRail Hyperconverged servers and storage solution augmentation in the amount of $248,838.98 (including applicable sales tax and shipping charges).

2.B.1.b
Packet Pg. 29
Attachment: Draft Minutes - April 15, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

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

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* J. Mayor Salwan opened consideration of acceptance of 2024 Office of Community Oriented Policing Services (COPS) Technology and Equipment Grant (TEP); Appropriation Actions; and Authorize Purchase of Briefcam Analytics Platform.

On a motion by Councilmember Kimberlin, seconded by Councilmember Liu, the City Council:

1. Adopted Resolution No. 2025-09 authorizing the City Manager, or her designee, to accept the 2024 COPS Technology and Equipment Program grant in the amount of $963,000.

2. Increased the revenue estimate in the Federal Operating Grants Fund (Fund 191) and appropriated $205,216 to the Community Camera Program.

3. Authorized the City Manager, or her designee, to execute a contract with Surveillance Grid for BriefCam in the amount not-to-exceed $205,216 and take any and all necessary implementing actions.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* K. Mayor Salwan opened consideration of authorizing the City Manager, or Her Designee, to Execute an Amendment to the Contract with T & J Lewis, Inc. DBA Classic Graphics for Automotive Body Repair & Fabrication Services.

On a motion by Councilmember Kimberlin, seconded by Councilmember Liu, the City Council authorized the City Manager, or her designee, to execute the first amendment to the Automotive Body Repair & Fabrication Services contract with T & J Lewis, Inc. DBA Classic Graphics, increasing the contract amount from $800,000 to a total not-to-exceed amount of $1,250,000.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

2.B.1.b
Packet Pg. 30
Attachment: Draft Minutes - April 15, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

* L. Mayor Salwan opened consideration of adopting a Resolution Directing Preparation of an Engineer's Report; Adopt a Resolution Declaring the City's Intent to Levy and Collect Assessments for the District and Setting the Public Hearing for June 17, 2025. (Proposed Annual Assessment Fremont Landscaping Assessment District No. 88 for FY 2025/26) On a motion by Councilmember Kimberlin, seconded by Councilmember Liu, the City Council:

1. Adopted Resolution No. 2025-10 ordering the preparation and filing of the annual Engineer’s Report for Landscaping Assessment District 88 for Fiscal Year 2025/26.

2. Adopted Resolution No. 2025-11 stating the intent of the City Council of the City of Fremont to levy and collect assessments for Fremont Landscaping Assessment District 88 for Fiscal Year 2025/26.

Ayes: Vice Mayor Keng, Councilmembers: Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Recused: Mayor Salwan (property/business interest)

3. CEREMONIAL ITEMS
A. Proclamation: Fair Housing Month (April 2025)
B. Proclamation: Donor Awareness Month (April 2025)
C. Proclamation: National Crime Victims’ Rights Week (April 6-12, 2025) D. Proclamation: American Muslim Appreciation and Awareness Month (April 2025)

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

Mayor Salwan opened the public comment period. The following people commented: Amin Shamsan, Kalisik Mijra (Tennis Team (USTA)), Prabal Chakraborty (Tennis Team (USTA)), Aditya Bhuwania (Tennis Team (USTA)), Prathap Kudupu (Tennis Team (USTA)), Ashwin Subrahmanya (Tennis Team (USTA)). There being no additional speakers, Mayor Salwan closed the public comment period.

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS – None.

2.B.1.b
Packet Pg. 31
Attachment: Draft Minutes - April 15, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals – None.

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

C. Legislative Actions – None.

D. Report on Committee Assignments
Councilmembers reported on their various meetings.

8. ADJOURNMENT: There being no further business, Mayor Salwan adjourned the meeting at 7:40 p.m.

Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk RAJ SALWAN, Mayor

2.B.1.b
Packet Pg. 32
Attachment: Draft Minutes - April 15, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

MINUTES

FREMONT CITY COUNCIL MEETING
MAY 6, 2025

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Salwan called the meeting to order at 7:00 p.m.

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

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

Absent: Councilmember Liu

D. Announcements by Mayor/City Manager/City Attorney

Mayor Salwan announced the Boards and Commissions vacancies.

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

E. Report Out of Closed Session (if applicable) – None.

2. CONSENT CALENDAR

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

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

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, and Zhang
Noes: None

Absent: Councilmember Liu
Abstain: None

* B. Mayor Salwan opened consideration of Approval of Minutes – None. * C. Mayor Salwan opened consideration of an Annual Review and adopt a resolution approving the military equipment possessed and utilized by the Fremont Police

2.B.1.c
Packet Pg. 33
Attachment: Draft Minutes - May 6, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

Department (FPD) for the reporting period of April 2024 to March 2025; Approve Additional Unmanned Aerial Systems (Military Equipment Annual Report) On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council adopted Resolution No. 2025-12 approving the Military Equipment Use Policy, the Department’s April 2024 to March 2025 Annual Military Equipment Use Report, and purchase of three UAS increasing the authorized total UAS from 14 to 17.

Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None

Absent: Councilmember Liu
Abstain: None

* D. Mayor Salwan opened consideration of Approval to Adopt a Resolution and Spending Plan of the 2024/25 State of California Citizens Option for Public Safety (COPS) Grant; Appropriation Actions (Acceptance of COPS Grant)
On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council:

1. Adopted Resolution No. 2025-13 accepting the 2024/25 California Citizens Option for Public Safety (COPS) grant in the amount of $725,822 as allocated in the Supplemental Law Enforcement Services Account (SLESA) for the Fremont Police Department and approving the spending plan set forth in the resolution to purchase items supporting front line law enforcement services.

2. Increase the revenue estimate and appropriate $67,584 in the COPS Grant Fund (Fund 151) for the purchase of UAVs and ballistic vests.

Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None

Absent: Councilmember Liu
Abstain: None

* E. Mayor Salwan opened consideration of Approval of Annual Approval of Investment Policy and Delegation of Authority to City Treasurer to Manage Investments This item was removed from the Consent Calendar. Staff responded to questions from Councilmembers.

On a motion by Councilmember Shao, seconded by Councilmember Campbell, the City Council adopted Resolution No. 2025-14 approving the City’s Investment Policy for FY 2025/26 and delegating the City Council’s authority to invest and reinvest public funds, and to sell or exchange securities so purchased, to the Finance Director/Treasurer for one year or until earlier revoked by the City Council.

2.B.1.c
Packet Pg. 34
Attachment: Draft Minutes - May 6, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None

Absent: Councilmember Liu
Abstain: None

* F. Mayor Salwan opened consideration of Approval for Introduction of Ordinances Amending Chapter 8.70 of Fremont Municipal Code to Expand the Definition of a Residential Unit that Qualifies for Tenant Relocation Assistance as Defined by State Law, Amending Chapter 8.75 to Clarify Tobacco Retail License Ordinance Enforcement, and Adding Chapter 8.85 of the Fremont Municipal Code, to create an Elevated Exterior Elements Ordinance and to Consider a Finding that the Ordinances are Exempt from the Requirements of the California Environmental Quality Act (CEQA) per, Each as a Separate and Independent Basis, CEQA Guidelines Section 15061(b)(3), 15378(b)(2) and 15378(b)(5). (Code Enforcement Code Updates)
On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council:

1. Waived the first reading and introduced the ordinance, attached as Exhibit A, amending Chapter 8.70 (Tenant Relocation) of the Fremont Municipal Code.

2. Waived the first reading and introduced the ordinance, attached as Exhibit B, amending Chapter 8.75 (Tobacco Retailers Licensing) of the Fremont Municipal Code.

3. Waived the first reading and introduced the ordinance, attached as Exhibit C, adopting Chapter 8.85 (Exterior Elevated Elements) of the Fremont Municipal Code.

4. Found that ordinances are 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.

Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None

Absent: Councilmember Liu
Abstain: None

* G. Mayor Salwan opened consideration of Approval for Adoption of Legislative Framework On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council:

1. Adopted the Legislative Framework.

2. Authorized the City Manager to implement the City's legislative work plan.

3. Authorized the City Manager, Mayor, or designee to transmit documents that are consistent with the City's legislative priorities.

2.B.1.c
Packet Pg. 35
Attachment: Draft Minutes - May 6, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None

Absent: Councilmember Liu
Abstain: None

* H. Mayor Salwan opened consideration of Authorization to Execute Agreement for a Citywide Cost Allocation Plan and a Grant Cost Allocation Plan with Capital Accounting Partners, LLC
On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council authorized the City Manager or her designee to execute an agreement with CAP to prepare and support the Citywide and Grant Cost Allocation Plans for a fixed fee of $22,550 per fiscal year and a total amount not to exceed $112,750 over the five-year term of the agreement.

Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None

Absent: Councilmember Liu
Abstain: None

* I. Mayor Salwan opened consideration of Adopt a Resolution Summarily Vacating a Public Utility Easement at Fremont Boulevard and Ice House Terrace in the South Fremont Community Plan Area (PLN2024-00080) and Make Findings of CEQA Exemption.

On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council adopted Resolution No. 2025-15 to vacate a Public Utility Easement at Fremont Boulevard and Ice House Terrace on grounds the easement is no longer needed.

Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None

Absent: Councilmember Liu
Abstain: None

* J. Mayor Salwan opened consideration of Approval of Plans and Specifications; Award of Contract to Alex Kushner General, Inc. in the amount of $793,500 (including 15% Contingency) for the Fremont Central Park Restroom Replacements Project (PWC9089); Make Findings of CEQA Exemption
This item was removed from the Consent Calendar. Mayor Salwan opened the public comment period. The following person commented: Kelly Abreu. There being no additional speakers, Mayor Salwan closed the public comment period.

On a motion by Councilmember Shao, seconded by Councilmember Kimberlin, the City Council:

2.B.1.c
Packet Pg. 36
Attachment: Draft Minutes - May 6, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

1. Approved of the following actions related to the Fremont Central Park Restrooms Replacement Project (PWC9089):

2. Approved Plans and Specifications for the Fremont Central Park Restrooms Replacement (Phase I) Project.

3. Accepted the bid and awarded the construction contract to the lowest responsive and responsible bidder, Alex Kushner General Inc. in the amount of $690,000 and allocated a 15% contingency in the amount of $103,500 for a total construction contract amount of $793,500 and authorized the City Manager, or her designee, to execute the contract.

4. Found the project is exempt from CEQA review pursuant to CEQA Guideline pertaining to replacement of the park restroom involving negligible or no expansion of capacity.

Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None

Absent: Councilmember Liu
Abstain: None

* K. Mayor Salwan opened consideration of Approval of Plans and Specifications; Award Contract to Radius Earthwork Inc. in the Amount of $3,327,642.60 (includes 10% Contingency) for the Walnut Avenue Bikeway Phase 2 Improvement Project (PWC9100A); Appropriation Actions; and Make Findings of CEQA Exemption This item was removed from the Consent Calendar. Mayor Salwan opened the public comment period. The following people commented: Keith Parker, Chung, Andreas Kadavanich (Bike Fremont), and Kelly Abreu. There being no additional speakers, Mayor Salwan closed the public comment period. Staff responded to questions from Councilmembers.

On a motion by Councilmember Campbell, seconded by Councilmember Kimberlin, the City Council approved of the following actions related to the Walnut Avenue Bikeway Phase 2 Improvement Project (PWC9100A):

1. Approve the plans and specifications for the project.

2. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Radius Earthwork Inc., Inc. in the amount of $3,025,129.60 and allocate a 10% construction contingency in the amount of $302,513.00 for a total construction contract amount of $3,327,642.60 and authorize the City Manager or designee to execute the contract.

3. Reallocate $675,000 from PWC8677-136 and appropriate it to PWC9110-136.

4. Reallocate $1,500,000 from PWC8932-531 and appropriate it to PWC9110-531.

5. Reallocate $97,000 from PWC9041-531 and appropriate it to PWC9110-531.

6. Reallocate $30,000 from PWC9041-515 and appropriate it to PWC9110-515.

7. Find that this project is exempt from California Environmental Quality Act (CEQA) review pursuant to Section 21080.25 of the California Public Resources Code as a sustainable transportation project that implements pedestrian and bicycle facilities and improves multimodal safety and access for current and potential transit riders and is further exempt pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or

2.B.1.c
Packet Pg. 37
Attachment: Draft Minutes - May 6, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.

Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None

Absent: Councilmember Liu
Abstain: None

* L. Mayor Salwan opened consideration of Approval of Plans; Award of Contract to Ron Paris Construction Company inc. in the amount of $150,970 (including 20% Contingency) for the Department of Rehabilitation Tenant Improvements Project (PWC8393) located at the Family Resource Center; Appropriation Action: Make Findings of CEQA Exemption
On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council approved the following actions related to the Department of Rehabilitation Tenant Improvement Project (PWC8393):

1. Approve project plans.

2. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Ron Paris Construction Company Inc. in the amount of $125,808 and allocate a 20% contingency in the amount of $25,162 for a total construction contract amount of $150,970 and authorize the City Manager or designee to execute the contract.

3. Appropriate $176,551 from the Family Resource Center Fund (Fund 108) to PWC8393- 108 to pay for the project costs.

4. Find the project is exempt from CEQA review pursuant to CEQA Guideline pertaining to modifications of existing facilities involving no expansion of use.

Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None

Absent: Councilmember Liu
Abstain: None

3. CEREMONIAL ITEMS
A. Proclamation: Fremont Bike Month (May 2025)
B. Proclamation: Fix Your Bike Day (May 15, 2025)
C. Proclamation: Twenty Years of Service – Officer Paul Richards D. Proclamation: National Children’s Mental Health Awareness Day (May 8, 2025(

2.B.1.c
Packet Pg. 38
Attachment: Draft Minutes - May 6, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

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

Mayor Salwan opened the public comment period. The following people commented: Pooja Verma, Girish Manmadkar, Rajeev Taitriya, Diane Shaw (Ohlone Humane Society), Linda Dewlaney, Golden Shao, and Curtis Vollmar (Compassionate Bay, provided a hand-out).

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

5. SCHEDULED ITEMS
A. Mayor Salwan opened consideration of a Public Hearing (Published Notice) to consider a third-party Appeal of the Planning Commission's denial action of a separate third-party Appeal and uphold the Zoning Administrator’s approval action of a Discretionary Design Review Permit and Floor Area Ratio increase (under PLN2022-00466) to allow a proposed five-building light-industrial/R&D development consisting of 407,250 square feet of new floor area, plus renovation of an existing 43,172-square-foot light- industrial/R&D building, on the site bounded by Paseo Padre Parkway, Ardenwood Boulevard, and Commerce Drive in the North Fremont Community Plan Area; and to consider an exemption from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15183, as the project is consistent with the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15164, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred. Each of the foregoing provides a separate and independent basis for CEQA compliance. (Ardenwood At Paseo Appeal) Marc Cleveland, Associate Planner and project manager for the Ardenwood at Paseo project, read a statement: “Staff had prepared a presentation on this appeal of the Planning Commission’s approval of the construction of five new multi-story buildings and renovation of one existing single-story building totaling 450,422 square feet of flex industrial space on February 13th. Late this afternoon, the City received a letter from the appellant indicating their concerns had been resolved, waiving their hearing on this appeal, and stating they would not be here tonight to contest the appeal. Therefore, we won’t be providing a presentation on the matter, but as a matter of procedure we need to open the public hearing on this item, take testimony from any members of the public that may wish to speak on the item and then close the public hearing. Then, we recommend the City Council take formal action to accept staff’s recommendation, denying the appeal, upholding the previous action of the Planning Commission on this project, and directing staff to make adjustments to the resolution to reflect the contents of the appellants recent letter.”

Mayor Salwan opened the public hearing. The following people commented: Kelly Abreu, and John Dalrymple (East Bay Residents for Responsible Development). There being no additional

2.B.1.c
Packet Pg. 39
Attachment: Draft Minutes - May 6, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

speakers, Mayor Salwan closed the public hearing. Staff responded to questions from Councilmembers.

On a motion by Councilmember Shao, seconded by Councilmember Campbell, the City Council:

1. Held public hearing.

2. Found that the proposed project is in conformance with the relevant provisions of the City’s General Plan, including the goals and objectives set forth in the Land Use, Community Plans, and Safety Chapters of the General Plan.

3. Adopted Resolution No. 2025-16 denying the Appeal, as the appellant withdrew their appeal, and adopting findings, and approving the project’s Discretionary Design Review Permit and FAR increase, as shown in Exhibit “A,” based on findings and subject to the conditions of approval provided in Exhibit “B.”

4. Approved the proposed removal and mitigation of three hundred and seventy-two (372) private protected trees pursuant to the City’s Tree Preservation Ordinance.

Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None

Absent: Councilmember Liu
Abstain: None

6. OTHER BUSINESS
A. Mayor Salwan opened consideration of Presentation and Adopt a Resolution Adopting the Fremont Active Transportation Plan Highlighting Priority Projects and Programs for the Next Five Years to Support Walking and Bicycling in Fremont. Find the Action is Exempt from CEQA.

Public Works Director Hans Larsen and Assistant City Engineer Noe Veloso shared a presentation and responded to questions from Councilmembers. Mayor Salwan opened the public comment period. The following people commented: Min Chi, Elizabeth (Liz) Ames (BART), Patty Lacy, William Yragui (Mission Peak Conservancy), Diane Shaw (AC Transit), Keith Parker, Kelly Abreu, Rajeev Taitriya, John Hinds, Bradley Dunn (BART), Kendra Toy, Chung, Mark Spencer (Mobility Commission), Gordon Lau, Andreas Kadavanich (Bike Fremont), Rebecca Wernis, Laura Winter, and Golden Shao. There being no additional speakers, Mayor Salwan closed the public comment period. Staff responded to questions from Councilmembers. Councilmembers provided comments.

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

1. Adopted Resolution No. 2025-17 adopting the Fremont Active Transportation Plan.

2. Find that approval of the Fremont Active Transportation Plan is exempt from CEQA pursuant to CEQA guidelines pertaining to: Section 15061(b)(3), Review for Exemption; Section 15004, Time of Preparation; Section 15378(b), Not a Project; and Section 15183, Projects Consistent with a General Plan.

2.B.1.c
Packet Pg. 40
Attachment: Draft Minutes - May 6, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None

Absent: Councilmember Liu
Abstain: None

7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals – None.

B. Appointments to Boards, Commissions, Committees

1. Mayor Salwan opened for consideration of Mayor Salwan Referral: Appointments to Advisory Bodies
Appointments:

Advisory Body Appointee Term Expires

Library Advisory Commission
Friends of the Library Representative

Mobility Commission
Transit Representative 1

Leslie Rice

Ahsan Baig
12/31/2025

12/31/2025
Rent Review Board
Neutral Third Party
Sundari Yanamanram Sankaran
12/31/2027

On a motion by Councilmember Shao, seconded by Vice Mayor Keng, the City Council:

Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None

Absent: Councilmember Liu
Abstain: None

C. Legislative Actions – None.

D. Report on Committee Assignments – None.

2.B.1.c
Packet Pg. 41
Attachment: Draft Minutes - May 6, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06)

*Consent Items

8. ADJOURNMENT: There being no further business, Mayor Salwan adjourned the meeting at 9:35 p.m.

Attest: Approved:

_____________________________ ___________________________ Susan Gauthier, City Clerk RAJ SALWAN, Mayor

2.B.1.c
Packet Pg. 42
Attachment: Draft Minutes - May 6, 2025 (5462 : Approval of Minutes - 2025-04-01 - 2025-05-06) Fremont City Council Meeting: 05/20/25 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 # 5455) DOC ID: 5455
Updated: 5/15/2025 10:55 AM by Dina Lewis Page 1
SECOND READING AND ADOPTION OF AN ORDINANCE... AN ORDINANCE OF THE CITY OF FREMONT AMENDING CHAPTER 8.70 OF FREMONT MUNICIPAL

CODE TO EXPAND THE DEFINITION OF A RESIDENTIAL UNIT THAT QUALIFIES FOR TENANT RELOCATION ASSISTANCE AS DEFINED BY STATE LAW, AND;

SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FREMONT AMENDING SECTIONS 8.75.010 AND 8.75.210 OF CHAPTER 8.75 OF THE FREMONT MUNICIPAL CODE TO CLARIFY ORDINANCE ENFORCEMENT, AND; SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT ADDING CHAPTER 8.85 OF FREMONT MUNICIPAL

CODE TO ADOPT AN EXTERIOR ELEVATED ELEMENTS ORDINANCE
Contact Persons:

Name: Susan Gauthier David Wage
Title: City Clerk Code Enforcement
Manager/Senior Planner
Div/Dept: City Clerk's Office Community Development
Phone: 510-284-4076 510-494-4447
E-Mail: [email protected] [email protected]

Executive Summary: Staff is recommending amendments to three separate sections of the Fremont Municipal Code (FMC). The first code amendment would include an update to FMC Chapter 8.70 to expand the definition of rental unit that is entitled to tenant relocation assistance under the ordinance to be consistent with state law. The second code amendment would clarify existing language in the Tobacco Retailers Licensing (TRL) Ordinance, FMC Chapter 8.75 related to license suspensions and revocations and also update the definition of “flavored tobacco product.” The third code amendment would add a new Chapter in Title 8 (Health and Safety) to implement the requirements of two state laws (SB721 and SB326) related to required periodic inspections of exterior elevated elements (EEE) in multi-family apartment and condominium buildings.

The ordinances were introduced by the City Council at its May 6, 2025 meeting.

The ordinance is now before the Council for adoption.

ATTACHMENTS:
• Draft Ordinance- Tenant Relocation Amendment
• Draft Ordinance- TRL Enforcement in MT
• Draft Ordinance- EEE

RECOMMENDATIONS:

1. Adopt ordinance amending Chapter 8.70 (Tenant Relocation) of the Fremont Municipal Code.

2. Adopt ordinance amending Chapter 8.75 (Tobacco Retailers Licensing) of the Fremont Municipal Code.

2.C
Packet Pg. 43
Council Staff Report (ID # 5455) Meeting of May 20, 2025 Updated: 5/15/2025 10:55 AM by Dina Lewis Page 2

3. Adopt ordinance adding Chapter 8.85 (Exterior Elevated Elements) to the Fremont Municipal Code.

2.C
Packet Pg. 44
Ordinance No. XX-2025 Page 1 of 3

ORDINANCE NO. XX-2025

AN ORDINANCE OF THE CITY OF FREMONT AMENDING CHAPTER

8.70 OF FREMONT MUNICIPAL CODE TO EXPAND THE DEFINITION

OF A RESIDENTIAL UNIT THAT QUALIFIES FOR TENANT

RELOCATION ASSISTANCE AS DEFINED BY STATE LAW
WHEREAS, the City of Fremont adopted Chapter 8.70, the Tenant Relocation Assistance Ordinance in 2013, which requires landlord to pay tenants relocation costs when the rental unit is ordered to be vacated by the City of Fremont due to the substandard condition of the structure; and WHEREAS, Health & Safety Code Section 17975 was recently amended to expand the definition of a rental unit that would qualify for tenant relocation assistance; and WHEREAS, the City of Fremont now wishes to amend the Fremont Municipal Code to expand the definition of rental unit that is entitled to relocation assistance under the ordinance to be consistent with state law.

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

SECTION 1. FMC CHAPTER 8.70.020 AMENDED
Fremont Municipal Code Title 8, Chapter 8.70, Section 8.70.020 is amended to read as follows (additions are shown as underlined text and deletions as strikethrough):

Sec. 8.70.020 Definitions.

For purpose of this chapter, the following definitions apply:
{All other definitions remain unchanged}
“Residential unit or structure” means any dwelling, apartment, room or place which is a unit rented by a lawful tenant for human habitation, regardless of the zoning designation or approved uses of the building. the place of permanent or customary and usual abode of any person or household. Residential unit or structure shall include mobile homes located in mobile home parks, provided that the city has assumed enforcement authority over such parks from the State Department of Housing and Community Development.

SECTION 2. CEQA
The City Council determines that pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) the ordinance does not have the potential to cause a significant effect on the environment and is not subject to CEQA review. Consequently, no further environmental review is required. The Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.

2.C.a
Packet Pg. 45
Attachment: Draft Ordinance- Tenant Relocation Amendment (5455 : CODE ENFORCEMENT CODE UPDATES) Ordinance No. XX-2025 Page 2 of 3

SECTION 3. 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 4. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 5. PUBLICATION AND POSTING
The City Clerk has caused the ordinance to be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont for at least five days before the date of adoption. 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 ordinance 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 _______, 2025 and adopted at a regular meeting of the City Council held on the ____ day of ________, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

2.C.a
Packet Pg. 46
Attachment: Draft Ordinance- Tenant Relocation Amendment (5455 : CODE ENFORCEMENT CODE UPDATES) Ordinance No. XX-2025 Page 3 of 3

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

2.C.a
Packet Pg. 47
Attachment: Draft Ordinance- Tenant Relocation Amendment (5455 : CODE ENFORCEMENT CODE UPDATES)

Ordinance No. XX- 2025 Page 1 of 3 ORDINANCE NO. XX-2025

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FREMONT AMENDING SECTIONS 8.75.010 AND 8.75.210 OF CHAPTER 8.75 OF

THE FREMONT MUNICIPAL CODE TO CLARIFY ORDINANCE

ENFORCEMENT
WHEREAS, in 2019, the City of Fremont adopted Chapter 8.75, the tobacco retailers licensing ordinance; and
WHEREAS, the City of Fremont Code Enforcement Division and the Police Department have undertaken enforcement activities of Chapter 8.75; and WHEREAS, the City of Fremont now wishes to amend the Fremont Municipal Code to clarify the enforcement of Chapter 8.75.

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

SECTION 1. FMC SECTION 8.75.010 AMENDED
Fremont Municipal Code Title 8, Chapter 8.75, Section 8.75.010 is amended to read as follows (additions are shown as underlined text and deletions as strikethrough):

Sec. 8.75.010 Flavored tobacco products prohibited.
{Subsections (a), (b), (c), (d), (e), and (f) not modified.} (g) “Flavored tobacco product” means any tobacco product that imparts a taste or odor other than the taste or odor of tobacco, or that imparts a heating, cooling, or numbing sensation characterizing flavor, including menthol cigarettes and flavored noncigarette tobacco products such as little cigars, smokeless tobacco, and flavored components of e-cigarettes and vaping devices. Flavored tobacco product includes any tobacco product described as “chill,” “ice,” “fresh,” “arctic,” “sweet,” “spicy,” or “frost.”
{Subsections (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), and (r) not modified.} SECTION 2. FMC SECTION 8.75.210 AMENDED
Fremont Municipal Code Title 8, Chapter 8.75, Section 8.75.210 is amended to read as follows:

Sec. 8.75.210 Violations, suspension, and revocations.

If reasonable cause exists to believe a violation of this chapter has occurred, or if a court of competent jurisdiction determines the same, the department shall issue a notice of violation and

2.C.b
Packet Pg. 48
Attachment: Draft Ordinance- TRL Enforcement in MT (5455 : CODE ENFORCEMENT CODE UPDATES)

Ordinance No. XX- 2025 Page 2 of 3 begin the revocation process as follows:
(a) For a first violation within any 60-month period, no new the license may issue be suspended for the person or the location for 30 days from the date the violation is discovered. (b) For a second violation within any 60-month period, no new the license may issue be suspended for the person or the location for 90 days from the date the violation is discovered. (c) After a third violation within any 60-month period, no new the license may issue for be suspended for the person or the location for 12 months from the date the violation is discovered. (d) Upon a finding by the department of four or more violations within any 60-month period, the license shall be revoked.
(e) Locations where there is proof that ownership of the business has been transferred in an arm’s length transaction are exempt from the provisions of this section.

SECTION 3. CEQA
The City Council determines that pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) the ordinance does not have the potential to cause a significant effect on the environment and is not subject to CEQA review. Consequently, no further environmental review is required. The Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.

SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 6. PUBLICATION AND POSTING
The City Clerk has caused the ordinance to be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont for at least five days before the date of adoption. A certified copy 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 ordinance to be published again with the names of those City Council members voting for and against the ordinance and shall post in

2.C.b
Packet Pg. 49
Attachment: Draft Ordinance- TRL Enforcement in MT (5455 : CODE ENFORCEMENT CODE UPDATES)

Ordinance No. XX- 2025 Page 3 of 3 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 _______, 2025 and adopted at a regular meeting of the City Council held on the ____ day of ________, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

2.C.b
Packet Pg. 50
Attachment: Draft Ordinance- TRL Enforcement in MT (5455 : CODE ENFORCEMENT CODE UPDATES)

Ordinance No. XX-2025 Page 1 of 5

ORDINANCE NO. XX-2025
AN ORDINANCE OF THE CITY OF FREMONT ADDING CHAPTER 8.85

OF FREMONT MUN ICIPAL CODE TO ADOPT A N EXTERIOR

ELEVATED ELEMENTS ORDINANCE
WHEREAS, the 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 Legislature adopted the Building standards , decks and balconies:
inspection bill of 2018 (SB 721) which requires the inspection of exterior elevated elements and associated waterproofing elements for buildings with three or more multi-family dwelling units by a qualified professional, completion of an inspection report and necessary repairs every six years; and
WHEREAS, the Legislature adopted the Common Interest Developments , decks and balconies: inspection bill of 2019 (SB 326) which requires the inspection of exterior elevated elements and associated waterproofing elements in common interest developments with three or more dwelling units by a qualified professional, completion of an inspection report and necessary repairs every nine years; and
WHEREAS, the Legislature adopted an amendment to Section 17973 of the Health and Safety Code, relating to business and professions : inspection bill of 2024 (AB 2579) which extended the deadline for initial inspection of multi-family dwelling units until January 1, 2026.

The bill would also provide that no new inspection is required until January 1, 2026, if the property was inspected within 3 years prior to January 1, 2019, as specified; and WHEREAS, State law enables the City to enact an ordinance to implement the Exterior Elevated Elements laws and impose requirements that are stricter than those set by state law (California Health and Safety Code § 17973(o) and California Civil Code § 5551(n)); and WHEREAS, this proposed FMC amendment to Title 8 (Health and Safety) is intended to implement the requirements of SB721 and SB326; 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. FMC CHAPTER 8.85 ADDED
Chapter 8.85 (Exterior Elevated Elements) of Fremont Municipal Code Title 8 (Health and Safety), is added to read as follows:

2.C.c
Packet Pg. 51
Attachment: Draft Ordinance- EEE (5455 : CODE ENFORCEMENT CODE UPDATES)

Ordinance No. XX-2025 Page 2 of 5

Sec. 8.85.010 Title.

This Ordinance shall be known as the Exterior Elevated Elements Ordinance.

Sec. 8.85.020 Purpose and Intent
The purpose of this chapter is to establish exterior elevated elements standards that:
(a) Implement the requirements of Senate Bill (SB) 721 (2018) (California Health & Safety Code § 17973) and SB 326 (2019) (California Civil Code § 5551) intended to maintain the structural integrity of exterior elevated elements of multi-family residential buildings; and
(b) Adopt regulations for the City to implement and enforce these requirements.

Sec. 8.85.030
Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this section:
(a) "Exterior Elevated Element" means the following types of structures and load bearing components, including their supports, associated waterproofing systems, and railings: balconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level, are designed for human occupancy or use, and rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element as defined now or hereafter in California Health and Safety Code § 17973(o) and California Civil Code § 5551(n).

Sec. 8.85.040 Applicability
Multi-family buildings with three or more units, including apartments and common interest developments, shall be subject to the requirements of this Chapter.

Sec. 8.85.050 Inspections
All buildings subject to this Chapter shall have the exterior elevated elements inspected as follows:
(a) Multi-family dwellings with three or more units: the first inspection of exterior elevated elements to be completed by January 1, 2026. Subsequent inspections are required by January 1 every six years thereafter. The inspection of new buildings shall occur no later than six years following the issuance of a certificate of occupancy from the Community Development Department.

2.C.c
Packet Pg. 52
Attachment: Draft Ordinance- EEE (5455 : CODE ENFORCEMENT CODE UPDATES)

Ordinance No. XX-2025 Page 3 of 5

(b) Common Interest Developments: the first inspection of exterior elevated elements to be completed by January 1, 2026. Subsequent inspections are required by January 1 every nine years thereafter. The inspection of buildings for which a building permit application has been submitted on or after January 1, 2020, shall occur no later than six years following the issuance of a certificate of occupancy from the Community Development Department.
(c) Inspection Reports. A copy of any inspection report completed pursuant to California Health and Safety Code § 17973 or California Civil Code § 5551 that (1) recommends immediate repairs, (2) advises that any multi-family building assembly poses an immediate threat to the safety of the occupants, or (3) prevents occupant access, shall be provided by the inspector to the owner of the building and to the City of Fremont Code Enforcement Division within 15 days of completion of the report. All other inspection reports shall be submitted to the City of Fremont Code Enforcement Division within 60 days of completion of the report.

Sec. 8.85.060 Repairs
(a) Repairs of exterior elevated elements for all multi-family budlings shall be subject to the following performance standards:
(1) Emergency repairs. An exterior elevated element that the inspector advises poses an immediate threat to the safety of the occupants, or finds preventing occupant access or emergency repairs, including shoring, or both, are necessary, shall be considered an emergency condition and the owner of the building shall perform required preventive measures immediately. Immediately preventing occupant access to the exterior elevated element until emergency repairs can be completed constitutes compliance with this paragraph. All repairs of emergency conditions shall comply with the requirements of California Health and Safety Code § 17973(g), be inspected by the inspector, and reported to the Code Enforcement Division. (2) Non-emergency repairs. The owner of the building requiring corrective work to an exterior elevated element that, in the opinion of the inspector, does not pose an immediate threat to the safety of the occupants, shall apply for a permit within 120 days of receipt of the inspection report.
(3) Once the permit is approved, the owner of the building shall have 120 days to make the repairs unless an extension of time is granted by the Code Enforcement Division.

All repairs shall meet the requirements of California Health and Safety Code § 17973(g).
(b) Repair Certification Affidavit. If the inspection report identifies the need for any repairs or maintenance, whether or not building permits are required for the identified scope of work, property owners shall provide proof of compliance with this Chapter by having a licensed general contractor, architect or engineer, or other qualified individual as determined by the Building Official or designee submit an inspection affidavit to the Building Official or designee on a form provided by the City certifying that all required repairs and maintenance have been completed and exterior elevated elements are now in

2.C.c
Packet Pg. 53
Attachment: Draft Ordinance- EEE (5455 : CODE ENFORCEMENT CODE UPDATES)

Ordinance No. XX-2025 Page 4 of 5

safe condition, adequate working order and free from deterioration, decay, corrosion or similar damage and there is no evidence of active water intrusion in concealed spaces of the inspected elements.

Sec. 8.85.070 Exemption
Multi-family dwelling and common interest development buildings with three or more units that are exempt from the requirements of California Health and Safety Code § 17973 and California Civil Code § 5551 shall submit a signed affidavit to the City of Fremont Code Enforcement Division on the form approved by the city.

Sec. 8.85.080 Administrative Regulations
The Building Official or designee is authorized to adopt administrative regulations, which may include, but are not limited to reporting requirements, documentation of repairs or maintenance, and enforcement procedures, to implement the provisions of this chapter.

Sec. 8.85.090 Fees
The City Council may establish and amend by resolution all fees and charges as may be necessary to effectuate the purpose of this chapter.

Sec. 8.85.100 Violations and Remedies
(a) Violation of this chapter is punishable as set forth in Title 1, General Provisions of this code.
(b) Violation of this chapter is a public nuisance subject to abatement under Title 8, Health and Safety, Chapter 8.60 Neighborhood Preservation.

SECTION 2. CEQA
The Exterior Elevated Elements Ordinance, an administrative government activity, is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Exterior Elevated Elements Ordinance will clearly not have a significant effect on the environment and, thus, CEQA does not apply. The Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.

SECTION 3. 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

2.C.c
Packet Pg. 54
Attachment: Draft Ordinance- EEE (5455 : CODE ENFORCEMENT CODE UPDATES)

Ordinance No. XX-2025 Page 5 of 5

phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

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

SECTION 5. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 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 _______, 2025 and adopted at a regular meeting of the City Council held on the ____ day of ________, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

2.C.c
Packet Pg. 55
Attachment: Draft Ordinance- EEE (5455 : CODE ENFORCEMENT CODE UPDATES) Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Information Technology Services Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5430) DOC ID: 5430
Updated: 5/15/2025 11:05 AM by Dina Lewis Page 1
CITY FACILITIES WI-FI EQUIPMENT AND LICENSES PURCHASE - Authorize the City Manager, or Designee, to Issue a Purchase Order to Saitech Inc. in the amount of $245,490.80 for the Purchase of Cisco Wi-Fi Access Points and Meraki Licenses for the City’s Facilities, and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary.

Contact Persons:

Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Div/Dept: Information Technology Services IT Services
Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]

Executive Summary: The City’s Information Technology Services department has scheduled the replacement of the Wi-Fi access points in the City’s Facilities. It is crucial for all City facilities to be equipped with up-to-date wireless access points to ensure the City’s operations continue to run optimally. The current access points have been in operation since 2018 and have reached the end of their useful life.

Staff recommends that the City Council authorize the City Manager, or designee, to (1) issue a purchase order to Saitech Inc. in the amount of $245,490.80 for the Purchase of Cisco Wi-Fi Access Points and Meraki Licenses for the City’s Facilities; and (2) execute any implementing documents and take any implementing actions as necessary.

BACKGROUND: The Wi-Fi access points currently installed at the City’s facilities have been in operation since 2018. The current equipment has reached the end of its useful life.

Additionally, the current Wi-Fi access points do not support the latest Wi-Fi standards, thus affecting the network internet connection reliability.

DISCUSSION/ANALYSIS: The proposed replacement models support the latest (Wi-Fi 7) Wi-Fi network standards. These latest standards allow for faster network speeds, enhanced security and better coverage and connection reliability with radios supporting multiple Wi-Fi frequencies with integrated omnidirectional antennas.

The new Cisco Wi-Fi access points will enable City Staff to connect their devices more reliably to the internal City network (Intranet) and the Internet. Furthermore, the new Cisco access points will provide visitors to City facilities with faster and more reliable Wi-Fi connections.

The City solicited competitive bids for the purchase of Cisco Wi -Fi Access Points and Meraki Licenses and received seventeen bids on February 7, 2025, as follows:

Supplier Total Bid*
SAITECH INC $245,490.80
AMS.NET, LLC DBA MGT IMPACT

SOLUTIONS
$249,742.99

2.D
Packet Pg. 56
Council Staff Report (ID # 5430) Meeting of May 20, 2025 Updated: 5/15/2025 11:05 AM by Dina Lewis Page 2
EIDIM Group, Inc. dba EIDIM AV
Technology
$250,946.54
MNJ Technologies Direct, Inc. $255,711.70
rusd solutions inc. $259,065.45
AVI-SPL LLC $266,548.88
Iron Bow Technologies, LLC $271,962.72
Civvy Streets Distribution $273,697.20
Siamak Behbahani $274,263.36

IBILOLA OGUN DBA ICT

RESOURCES
$276,406.63
SmartWAVE Technologies $281,697.88
Focus Camera, LLC $285,249.25
ePlus Technology inc $285,483.22
Windham's Tech Firm $302,827.47
Tech Advanced Computers, Inc Non-Responsive
Air Gap Labs Non-Responsive
Hypertec USA Inc Non-Responsive
*Includes local-owned business deductions, if applicable.

Saitech Inc. is the lowest responsible bidder. Staff recommends that the City Council authorize the City Manager, or designee, to issue a purchase order to Saitech Inc. in the amount of $245,490.80 for the Purchase of Cisco Wi-Fi Access Points and Meraki Licenses for the City’s Facilities.

FISCAL IMPACT: The one-time purchase of the Cisco Wi-Fi Access Points and Meraki Licenses is $245,490.80, including applicable sales tax and shipping charges. There are sufficient funds appropriated for the hardware, software, implementation services, and three-year support costs in the Information Technology Services Capital Replacement Fund (Fund 625). Funding for future years of support will be included in the City's annual budget process.

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

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to issue a purchase order to Saitech Inc for the purchase of Cisco Wi-Fi Access Points and Meraki Licenses for the City’s Facilities in the amount of $245,490.80 (including applicable sales tax and shipping charges).

2. Authorize the City Manager, or designee, to execute any implementing documents and take any implementing actions as necessary.

2.D
Packet Pg. 57
Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5404) DOC ID: 5404
Updated: 5/15/2025 11:16 AM by Dina Lewis Page 1

ALAMEDA COUNTY PROBATION DEPARTMENT AGREEMENT FOR POSITIVE YOUTH DEVELOPMENT (PYD) - Authorization to Execute an Agreement with Alameda County Probation Department for Positive Youth Development Programs Supporting At-Promise ( At-Risk) Youth and Families, July 1, 2025 through June 30, 2027, and a Subcontractor Agreement with Union City; and Make Findings of CEQA Exemption.

Contact Persons:

Name: Annie Bailey Arquimides Caldera
Title: Youth and Family Services
Administrator
Human Services Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2056
E-Mail: [email protected] [email protected]

Executive Summary: In January 2025, the City’s Human Services Department, in partnership with City of Union City, was awarded a two-year grant from Alameda County Probation Department (ACPD) to provide Positive Youth Development (PYD) programs in the amount of $726,095. These PYD programs will provide services for at-promise (at-risk) youth who are on formal Probation, youth being diverted from the Juvenile Justice System, as well as the parents of these youth. The services include: 1) life skills and support services, including financial coaching through the Family Resource Center Division, 2) parenting classes through the Youth and Family Services Division, and 3) anger management and gender responsive services, through Union City’s Community/Recreation Services (CRS) Department.

The purpose of this report is to recommend that the City Council approve and authorize the City Manager, or designee, to:

1. Execute a $726,095 agreement with ACPD to provide Positive Youth Development services from July 1, 2025, through June 30, 2027, including $355,928 in FY 2025/26 and $370,167 in FY 2026/27.

2. Execute a $437,190 subcontractor agreement with the City of Union City for it to provide Positive Youth Development services, from July 1, 2025, through June 30, 2027, including $214,309 for FY 2025/26 and $222,881 for FY 2026/27.

BACKGROUND: For many years, ACPD has contracted with the City’s Human Services Department (HSD) Youth and Family Services (YFS) and Family Resource Center (FRC) Divisions to provide counseling, case management and truancy intervention services under a Youth Service Center (YSC), formerly known as the Delinquency Prevention Network (DPN), to youth and their families involved in the Juvenile Justice system.

ACPD has also contracted with the YFS Division since 2019, to provide Juvenile Justice Crime Prevention Act (JJCPA) funded services, including Trauma Focused Cognitive Behavioral (TF-CBT) Groups and Parenting Classes, for at-promise (at-risk) youth who are on formal Probation and under Community Supervision and the parents of these youth. Due

2.E
Packet Pg. 58
Council Staff Report (ID # 5404) Meeting of May 20, 2025 Updated: 5/15/2025 11:16 AM by Dina Lewis Page 2
to the broad scope of JJCPA funded services, the higher-level needs of youth in this specialized program, and the large service area, the City has partnered with Union City’s Community and Recreation Services (CRS) Department, as well as non-profit agencies, to deliver the services in the South County service area. The JJCPA program will sunset at the end of FY 2024/25.

In January 2025, HSD, in partnership with Union City’s CRS Department, successfully responded to an ACPD Request for Proposal for Positive Youth Development (PYD) services.

These services include Life Skills (financial coaching) services, Parenting Classes, Anger Management Groups, and Gender Responsive Services. ACPD awarded HSD a two-year grant in the amount of $726,095, for the period of July 1, 2025, through June 30, 2027,

DISCUSSION/ANALYSIS: The goal of the PYD programming is to supplement the YSC contracted services, and help youth successfully complete Probation requirements, gain life skills, reduce symptomatic behaviors, improve social relationships and prevent youth recidivism. Most youth in ACPD’s PYD program have experienced traumatic events and, as a result, have negative symptomatic behaviors that contribute to their social, emotional and educational instability. The parents of these young people have also faced many challenges and need significant support.

The PYD contract builds on existing services that HSD currently provides, including financial coaching through the FRC Division, and Parenting Classes through the YFS Division. The City will subcontract with Union City to provide Anger Management Groups and Gender Responsive services. Current staff have the capacity to coordinate and provide the other services. The County does not require the City to commit to sustaining the PYD programming beyond the funding term.

FISCAL IMPACT: There will be no impact to the General Fund. As part of the FY 2025/26 Proposed Operating Budget, HSD budgeted $355,928 in the ACPD Probation PYD account of Alameda County Probation Youth Diversion Fund (Fund 133). Auditing and accounting requirements are identical to the City’s current Alameda County contracts.

ENVIRONMENTAL REVIEW: This action is not a project subject to California Environmental Quality Act (CEQA) review pursuant to, without limitation, CEQA Guidelines Section 15378 as it is an administrative governmental activity that will not result in direct or indirect physical change in the environment.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to execute an agreement with ACPD to provide Positive Youth Development programs for a two-year period from July 1, 2025, through June 30, 2027, in an amount not to exceed $726,095, including $355,928 in FY 2025/26 and $370,167 in FY 2026/27.

2. Authorize the City Manager, or designee, to execute a subcontractor agreement with the City of Union City, for a two-year period from July 1, 2025, through June 30, 2027, in an amount not to exceed $437,190, including $214,309 for FY 2025/26 and $222,881 for FY 2026/27.

2.E
Packet Pg. 59
Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5416) DOC ID: 5416 B
Updated: 5/15/2025 11:28 AM by Dina Lewis B Page 1

ALAMEDA COUNTY SOCIAL SERVICES AGENCY AGREEMENT FOR CHILD ABUSE PREVENTION, INTERVENTION AND TREATMENT (CAPIT) - Authorization to Execute a Two-Year Service Agreement with Alameda County Social Services Agency for City to Provide Child Abuse Prevention, Intervention and Treatment services for at-risk children and Families; and Make Findings of CEQA Exemption.

Contact Persons:

Name: Annie Bailey Arquimides Caldera
Title: Youth and Family Services
Administrator
Human Services Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2056
E-Mail: [email protected] [email protected]

Executive Summary: In 2024, Alameda County Social Services Agency (ACSSA) and the County’s Child Abuse Prevention Task Force issued a Request for Proposals to address high rates of suspected child maltreatment referred to Child Protective Services (CPS).

ACSSA has awarded the Human Services Department (HSD), Youth and Family Services Division (YFS) a two-year Child Abuse, Prevention, Intervention and Treatment (CAPIT) grant, for a total of $166,000, to provide culturally and linguistically responsive parenting classes to parents and families for the period of July 1, 2025, through June 30, 2027. The City’s FY 2025/26 Proposed Operating Budget includes $83,000 in first year CAPIT funding.

The purpose of this report is to recommend that the City Council authorize the City Manager, or designee, to execute a two-year agreement with ACSSA for $166,000.

BACKGROUND: HSD has been entrusted by Alameda County Behavioral Health (ACBH) and ACSSA to provide high quality behavioral health and case management services to vulnerable residents living in Fremont and the Tri-City area for many years. For over 20 years, Alameda County has contracted with HSD’s YFS Division to provide specialty early childhood mental health services for children 0-8 years old and their parents. These services include parent consultation, peer support services (Family Partner) and linkage to social support services.

In 2023, ACSSA’s Child Protective Services (CPS) received 11,145 reports of suspected child abuse and neglect and identified Fremont as one of the top five cities in Alameda County with the largest percentage (7.6%) of investigated referrals of child maltreatment.

In July 2024, HSD’s YFS Division responded to a request for a proposal from ACSSA’s Child Abuse Prevention Task Force to provide primary prevention and early intervention services, in the form of multi-lingual (English, Spanish, Farsi/Dari) parenting classes, which are in cultural and linguistic alignment with many of the families and children we currently serve, with the goal of reducing the likelihood of families becoming involved in the child welfare system.

2.F
Packet Pg. 60
Council Staff Report (ID # 5416) Meeting of May 20, 2025 Updated: 5/15/2025 11:28 AM by Dina Lewis B Page 2
In September 2024, ACSSA awarded YFS a two-year Child Abuse, Prevention, Intervention and Treatment (CAPIT) grant, with a cumulative total of $166,00 or $83,000 for each year of the award period of July 1, 2025, through June 30, 2027.

DISCUSSION/ANALYSIS: The grant will allow HSD to respond proactively to the higher rates of referrals for investigation to CPS in Fremont and provide important adjunct early intervention and prevention services for parents that are critical to support healthy child and family development and prevent families from becoming involved in the child welfare system. HSD and YFS are well qualified to meet this need. The proposed program for the grant funds uses existing early childhood mental health staff to teach a culturally and linguistically responsive, evidence-based parenting curriculum. The program will not create new services but instead augment existing family support and parenting education services provided by staff at YFS. Current YFS staff have the capacity and experience to coordinate and provide the services.

FISCAL IMPACT: There will be no impact to the General Fund. As part of the FY 2024/25 Proposed Operating Budget, $83,000 has been budgeted for the first year of the program in the YFS CAPIT-SSA account of the Area Agency on Aging AFS Fund (Fund 173).

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

ATTACHMENTS: None.

RECOMMENDATIONS: Authorize the City Manager, or designee, to execute a two-year agreement with ACSSA for $166,000 for the City to provide CAPIT services for the period of July 1, 2025 through June 30, 2027.

2.F
Packet Pg. 61
Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance Operations
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5427) DOC ID: 5427
Updated: 5/15/2025 11:36 AM by Dina Lewis Page 1

LANDSCAPE MAINTENANCE SERVICES FOR CITY STREETSCAPES AND RIGHT OF WAY AREAS - Approval of a Service Agreement with BrightView Landscape Services, Inc., for Landscape Maintenance Services for City Streetscapes and Right of Way Areas
Contact Persons:

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

Executive Summary: The purpose of this report is to facilitate a new service agreement for landscape maintenance services for streetscapes and right-of-way areas throughout the City.

BACKGROUND: Since August 2012, the City of Fremont (“City”) has contracted landscape maintenance services for streetscapes and right-of-way areas. This work consists of routine landscape maintenance services including mowing, edging, shrub and tree pruning, groundcover trimming, irrigation inspections, repairs and programming, fertilization, aeration, weed control and other items for street medians and right-of-way areas throughout the City.

DISCUSSION/ANALYSIS: A request to renew this service (RFP# 25-031) was publicly released on February 26, 2025 and remained open through March 26, 2025.

The City received seven proposals for this service: Bayscape Landscape Management, BrightView Landscape Services, Dinsmore Landscape Company, Gachina Landscape Management, MCE Corporation, New Image Landscape Company, and Rubicon Landscape Group. These proposals were evaluated by a team of City staff applying the following factors: qualifications, feasibility, responsiveness, service agreement, and service rates.

Based on the results of the evaluation process, City staff recommends approval of the service agreement with BrightView Landscape Services to provide the services outlined in the RFP.

The service agreement will be a seven year term, beginning July 1, 2025 through June 30, 2032. The total not-to-exceed amount for Fiscal Year 2025/26 is $1,027,732 ($852,732 for scheduled maintenance services plus up to $175,000 for annual contingency work).

FISCAL IMPACT: The initial annual cost of the Service Agreement with BrightView Landscaping Services is $1,027,732 ($852,732 for scheduled maintenance services plus up to $175,000 for annual contingency work). Annual price increases for the scheduled maintenance services amount are included based on the San Francisco-Oakland-Hayward Consumer Price Index for All Urban Consumers (CPI-U), which will be calculated on an average for the period of April to April; however, the price increase shall not exceed four

2.G
Packet Pg. 62
Council Staff Report (ID # 5427) Meeting of May 20, 2025 Updated: 5/15/2025 11:36 AM by Dina Lewis Page 2
percent in any year. Price increases will take effect on July 1 of each year, with the first increase scheduled to occur on July 1, 2026. If no increase is indicated in the CPI Index, the contractor will not be allowed a price increase. There is sufficient funding in the Maintenance Operations Department’s General Fund (Fund 001) budget to cover the cost of this Agreement.

ENVIRONMENTAL REVIEW: This action is not a project as defined by Pub. Res. Code Section 21065 and is categorically exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager, or designee, to execute a seven-year service agreement (July 1, 2025 to June 30, 3032) with BrightView Landscape Services for landscape maintenance services for City streetscapes and right-of-way areas, at an annual cost of $1,027,732 ($852,732 for scheduled maintenance services plus up to $175,000 for annual contingency work), with annual price increases based on CPI-U but capped at 4% per year.

2.G
Packet Pg. 63
Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5435) DOC ID: 5435 A
Updated: 5/16/2025 8:46 AM by Dina Lewis A Page 1
OPIOID INNOVATIVE MINI-GRANT AGREEMENT - Authorize the City Manager to Execute $128,669 a Mini-Grant Agreement with the Three Valleys Community Foundation to Receive Funding to Support the Mobile Evaluation Team Mental Health Staff.

Contact Persons:

Name: Alina Kwak Arquimides Caldera
Title: Family Resource Center
Administrator
Human Services Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2004 510-574-2056
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to approve and authorize the City Manager to execute an Opioid Innovative Mini-Grant Agreement with the Three Valleys Community Foundation to support the work of Human Services Department clinical staff on the City’s Mobile Evaluation Team, through April 30, 2026, in the amount of $128,669.

BACKGROUND:

National Opioid Settlement Funding. In July 2021, several large opioid manufacturers and distributors agreed to pay $26 billion to settle over 3,000 opioid crisis-related lawsuits nationwide (collectively, the “2021 National Opioid Settlements”). In May 2023, the City Council authorized the City Manager to execute and ratify agreements related to National Opioid Settlements, making it eligible to directly receive funding. The City is currently utilizing these funds to support City and community agency substance use disorder reduction programs.

Alameda County also opted to receive funding from the 2021 National Opioid Settlements and selected Three Valleys Community Foundation (3VCF) to distribute $2.7 million in County-wide funding to local jurisdictions and non-profit agencies through a competitive mini-grant process. 3VCF collaborated with Alameda County Behavioral Health to request proposals that provide prevention, treatment, recovery, and/or overdose reversal programming for opioid use disorder among individuals and communities in Alameda County.

Fremont’s Mobile Evaluation Team. The Human Services Department partners with the Police Department on the City’s Mobile Evaluation Team (MET). MET is a field-based team that provides comprehensive and compassionate services to Fremont’s most vulnerable populations, including community members experiencing homelessness or mental illness.

MET provides crisis intervention and de-escalation, guidance and encouragement, and connects community members needing assistance with local mental health and homeless service providers. MET works to support community members engaged in services to pursue healthy outcomes. The Police Department provides a 1.0 FTE Police Sergeant, 2.0 FTE officers, and a 1.0 FTE Community Services Officer. The Human Services Department

2.H
Packet Pg. 64
Council Staff Report (ID # 5435) Meeting of May 20, 2025 Updated: 5/16/2025 8:46 AM by Dina Lewis A Page 2
provides the clinical staff for the team, including a 1.0 FTE Crisis Intervention Specialist, a 1.0 FTE Outreach Case Manager, and a Clinical Supervisor.

In March 2025, 3VCF awarded the City’s Human Services Department and Police Department $128,669 in County opioid settlement funds to support the work of clinical staff on the City’s Mobile Evaluation Team.

DISCUSSION/ANALYSIS: Fremont's public safety data shows the need to reach people, including the unhoused, that do not have healthcare, appropriate and consistent treatment, or safe housing. The high volume of crisis, and medical calls, including overdose and drug- related calls, received by the City’s Public Safety staff shows a nexus to a homeless population with documented service gaps and a high vulnerably to substance use related fatalities. This problem presents an opportunity to better align Fremont’s Public Safety teams to use a data-informed approach to target opioid prevention and remediation services to these areas. MET’s goal is to engage, build rapport, and determine appropriate referrals and service linkages.

In alignment with the Federal Substance Abuse and Mental Health Services Administration’s (SAMHSA) Treatment for Individuals Experiencing Homelessness program, MET responds to mental health crises, and screens and assesses for mental and substance use disorders. It provides links to treatment, short-term and permanent housing, case management and recovery services, enrollment for health insurance, Medicaid, SSI/SSDI, and other benefits.

It administers Naloxone only when responding to an overdose situation.

Grant funding from 3VCF will be used to enhance MET’s mission by using data to better incorporate harm reduction into field deployments, focus on the most vulnerable community members, prevent overdoses, improve physical and mental wellbeing, offer low barrier pathways to social supports, and provide substance use and mental health disorder treatment. This work is aligned with the City’s Homeless Response Plan by focusing on addressing one of the root causes of homelessness and by connecting members of the unhoused community to resources.

FISCAL IMPACT: The Opioid Innovative Mini-Grant Agreement awards the City of Fremont $128,669 in funding, from July 1, 2025, through April 30, 2026. These funds will cover MET clinical staff, operating and overhead expenses. The Mini-Grant requires a 25% City match, which will be paid from existing expenses for the MET program. As part of the FY 2025/26 Proposed Operating Budget, staff included program revenue estimates and budgeted expenses related to this Mini-Grant award in the National Opioid Settlement account of the Miscellaneous Special Revenue Fund (Fund 210).

ENVIRONMENTAL REVIEW: The proposed action is exempt from and not subject to review under the California Environment Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b((2) and/ 15378(b)(5) and it has no possibility of a significant effect on the environment, as specified in CEQA Guidelines Section 15061(b)(3), as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

2.H
Packet Pg. 65
Council Staff Report (ID # 5435) Meeting of May 20, 2025 Updated: 5/16/2025 8:46 AM by Dina Lewis A Page 3
RECOMMENDATION: Authorize the City Manager, or designee, to execute the Opioid Innovative Mini-Grant Agreement with the Three Valleys Community Foundation, through April 30, 2026, in the amount of $128,669 and appropriate the funds.

2.H
Packet Pg. 66
Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5453) DOC ID: 5453
Updated: 5/15/2025 11:51 AM by Dina Lewis Page 1
2025 CAPE AND SLURRY SEAL PROJECT - Approval of Plans and Specifications; Award of Contract to American Pavement Systems, Inc. in the Amount of $4,986,119 (Including 5% Contingency) for the 2025 Cape and Slurry Seal Project (PWC8195-X2); Appropriation Actions; Make Findings of CEQA Exemption.

Contact Persons:

Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to initiate a project to perform pavement preventive maintenance work at various locations citywide, consisting of 54 street segments and totaling 12 miles in length.

BACKGROUND: The City’s Public Works and Maintenance Operations departments jointly monitor the pavement condition of all streets and annually perform three types of pavement treatments:
• Pothole repairs – Treatment includes the patching of holes in the pavement to address immediate safety concerns. Work is performed as needed by City Maintenance staff. Community requests for pothole repairs can be implemented most efficiently by using the “Fremont App”.
• Preventive maintenance treatments – Treatments include cape seals, slurry seals, and crack seals, which involve the application of sealant materials over pavements to extend the pavement life at a relatively low cost. City Public Works staff annually implements construction contracts for preventative pavement maintenance. • Rehabilitation treatments – Treatments include pavement overlays and pavement base repairs, which involve the replacement of all or portions of pavements at a relatively high cost. Rehabilitation treatments are typically implemented at the end of the pavement’s useful life. City Public Works staff annually implements construction contracts for pavement rehabilitation.

The City’s Public Works staff uses a computerized pavement management system and street inspections to monitor the condition and guide the improvement of the City’s paved street system, which includes over 500 miles of streets.

The City has allocated a greater amount of the available resources towards the more economical preventive maintenance treatments in order to address needs on more of the City’s streets. The preventive maintenance treatments cannot address every defect that may exist on a particular street segment, but they do improve and extend the life of the pavement before having to resort to more costly rehabilitation work.

DISCUSSION/ANALYSIS:

2.I
Packet Pg. 67
Council Staff Report (ID # 5453) Meeting of May 20, 2025 Updated: 5/15/2025 11:51 AM by Dina Lewis Page 2
Pavement Preventive Maintenance Project: This project will perform preventive maintenance in the form of cape and slurry seal treatments to 54 street segments, consisting of approximately 12 centerline miles of roadway and covering 2.9 million square feet of pavement surface. The pavement area covered equates to approximately 3% of the entire street network. A map and the project documents are provided in the LINKS section of this report.

Bid Results: Bids were received on April 15, 2025. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $3,800,000.

Bidder Bid Amount

1. VSS International, Inc. $ 4,475,325.00 *

2. American Pavement Systems, Inc. $ 4,756,119.00

3. Pavement Coatings, Inc. $ 5,221,649.43

* Nonresponsive bid: The low monetary bidder, VSS International, Inc. submitted a bid proposal without a bid bond for the project. After the review of the bid, staff concluded that the bid proposal is nonresponsive and recommends that the City Council reject the bid and award the contract to the second low bidder American Pavement Systems, Inc.

American Pavement Systems, Inc. submitted a responsive bid, and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has satisfactorily completed contracts of a similar nature with the City and other nearby local agencies.

The bid submitted by American Pavement Systems, Inc. is higher than the Engineer’s Estimate due to an increase in costs for the type of work included in this project. A significantly higher proportion of major arterial streets in this project was also cited as a reason for the cost increase.

The project’s total costs and funding are summarized in the table below:

Project Costs and Funding:

Estimated Project Costs:

Construction Contract - Low Bid $4,756,119
Construction Contract Contingency 230,000
Construction Inspection and Administration 700,000
Construction Materials Testing 20,000
TOTAL ESTIMATED PROJECT COSTS $5,706,119

Source of Funding:

PWC8195-501 Capital Improvements Fund $ 560,000
PWC8195-514 ACTC VRF Local Streets 50,000
PWC8195-515 ACTC Measure BB Local Streets 3,350,000
PWC8195-518 ACTC Measure B 210,000
PWC8234-134 SB1 RMRA State Gas Tax 2103 500,000 **
PWC8874-520 ACTC Measure BB Bike/Peds 650,000
PWC8944-520 ACTC Measure BB Bike/Peds 350,000

2.I
Packet Pg. 68
Council Staff Report (ID # 5453) Meeting of May 20, 2025 Updated: 5/15/2025 11:51 AM by Dina Lewis Page 3
Unallocated Measure B, Fund 518 (Recommended) 43,662
Unallocated Measure BB, Fund 519 (Recommended) 27,760
TOTAL FUNDS AVAILABLE $5,741,422

**Amount adjusted to account for 2025 Pavement Rehabilitation Project construction contract cost referenced in 4/1/25 Council Agenda item 2F. Of the $4.05 million available in this fund, $2.96 million is planned to be used for the Pavement Rehabilitation construction contract. This amount is also adjusted to account for the unencumbrance of a closed construction contract that will release $0.30 million. These two adjustments produce a total adjustment of $2.66 million leaving $1,390,000 available in PWC8234 fund balance.

With the recommended appropriation/reallocation of funds as proposed above, there are sufficient funds budgeted and appropriated for this project.

Safe and Complete Streets: This project will implement complete streets improvements that are intended to help reduce vehicle speeds and provide safer pedestrian and bike infrastructure. The roadway improvements include narrower vehicular lanes, buffered bike lanes, enhanced crosswalks, bulb out treatments at intersections, and other improvements in conformance to current design practices for safe and complete streets. These modifications are included in select arterial, collector, and residential streets. The major arterial streets and the few notable collector streets where these modifications are planned include the following:

1. Fremont Boulevard from Beard Road to Paseo Padre Parkway

2. Paseo Padre Parkway from Country Drive to Walnut Avenue

3. Stevenson Boulevard from Farwell Drive to Fremont Boulevard

4. Stevenson Boulevard from Leslie Street to Paseo Padre Parkway

5. Washington Boulevard from Weigand Court to Paseo Padre Parkway

6. Blacow Road from Hilo Street to Omar Street

7. South Grimmer Boulevard from Hannover Place to Technology Drive

8. South Grimmer Boulevard from Business Center Drive to Fremont Boulevard

9. Mission Boulevard from South Grimmer Boulevard to Paseo Padre Parkway

10. Bayview Drive from Fremont Boulevard to Lakeview Boulevard

11. Civic Center Drive from Mowry Avenue to Walnut Avenue

12. Pine Street from Paseo Padre Parkway to Mission Boulevard

13. Country Drive from Fremont Boulevard to Acacia Street

CABS Streets: The “CABS Streets” consist of Christy Street, Albrae Street, Boscell Road, and Stewart Avenue. This year the project will be performing pavement maintenance treatments on Albrae Street, Boscell Road, and Stewart Avenue. The CABS area has been inundated with large vehicles that restrict visibility from driveways and prevent proper use of the bike lanes on Albrae Street. To address these issues, the project will implement parking restrictions along the east side of Albrae Street (adjacent to the I-880 freeway) and along both sides of Stewart Avenue. The parking restrictions were coordinated with the Economic Development Department and the City’s cross-departmental Homeless Working Group.

Country Drive: Country Drive is used as a primary pedestrian and bicyclist access for students at Washington High School. The roadway currently lacks any bicycle infrastructure and requires students to share a narrow sidewalk to walk and bike to school. The project will address these issues with new pedestrian crossing enhancements, new bike lanes, and

2.I
Packet Pg. 69
Council Staff Report (ID # 5453) Meeting of May 20, 2025 Updated: 5/15/2025 11:51 AM by Dina Lewis Page 4
reconfigured striping on Country Drive from Fremont Boulevard to Acacia Street. The roadway improvements will change the vehicle lane configuration from four vehicle lanes to two vehicle lanes with a center turn lane, while retaining existing parking. The roadway improvements were coordinated with Washington High School administration that included numerous meetings and project information that was shared with parents through the school’s monthly newsletter. Public Works staff also installed project information poster boards along Country Drive that included a link to a project website with more project details for the community to review.

Traffic Control: Due to the size and scope of this project, City residents and the traveling public will experience some inconvenience during construction. To minimize exposure of vehicles to the work, staff and the contractor will need to limit access and use of the roadways during construction. Individual traffic lanes and, if necessary, the entire width of the street will be closed to traffic briefly in order to perform the pavement work. To mitigate the impact of traffic delays on the public, any lane or street closures will only be allowed during specified hours outside of the morning and evening peak commute hours. The contractor is required to prepare traffic control plans. City staff will review and approve all traffic control plans prior to construction and will monitor traffic control work during construction to minimize the impact to the public. Nearby businesses and residences will also receive notices informing them of the work and any parking restrictions that may be implemented. The contractor will be required to post signs for parking restrictions on project streets no less than 72 hours before the start of work. For locations near schools the contractor will be required to perform the work when school is either not in session or during periods outside of the peak hours when the school pick up or drop off is occurring.

FISCAL IMPACT: The total estimated cost for the project construction is $5,706,119. The total cost includes the cost for the construction contract, a 5% construction contingency, the construction management and inspection services, and City project administration.

The pavement preventive maintenance work along with the safe and complete streets elements are funded by four funding sources: 1) Pavement Maintenance account (PWC8195), 2) Pavement Rehabilitation account (PWC8234), 3) Bikeway Improvement account (PWC8874), and 4) Pedestrian Improvements account (PWC8944). Funding was appropriated for these purposes through the Capital Improvement Program.

In addition, to fully fund the project, staff recommends appropriations of unallocated fund balances from two Alameda County Transportation Commission (ACTC) funding sources:
1) $43,662 from the Measure B Local Streets and Roads Fund (Fund 518); and 2) $27,760 from the Measure B Bicycle/Pedestrian Fund (Fund 519).

ENVIRONMENTAL REVIEW: This project is exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.

ATTACHMENTS: None.

LINKS:

1. Project Location Map:
https://www.fremont.gov/home/showdocument?id=17945&t=638804241905479992

2.I
Packet Pg. 70
Council Staff Report (ID # 5453) Meeting of May 20, 2025 Updated: 5/15/2025 11:51 AM by Dina Lewis Page 5

2. Project Plans:
https://www.fremont.gov/home/showdocument?id=17943&t=638804241057090801

3. Project Specifications (with street list):
https://www.fremont.gov/home/showdocument?id=17939&t=638804236453575798

4. Addendum:
https://www.fremont.gov/home/showdocument?id=17941&t=638804240113986067

RECOMMENDATION: Approval of the following actions related to the 2025 Cape and Slurry Seal Project (PWC8195-X2):

1. Approve the plans and specifications for the project.

2. Reject the bid from the low monetary bidder.

3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, American Pavement Systems, Inc. in the amount of $4,756,119, allocate a 5% construction contingency in the amount of $230,000 for a total construction contract amount of $4,986,119, and authorize the City Manager, or designee, to execute the contract.

4. Appropriate unallocated fund balance of $43,662 in ACTC Fund 518 to PWC8195.

5. Appropriate unallocated fund balance of $27,706 in ACTC Fund 519 to PWC8195.

6. Find this project is exempt from CEQA review pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.

2.I
Packet Pg. 71
Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance Operations
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5439) DOC ID: 5439
Updated: 5/15/2025 12:14 PM by Dina Lewis Page 1
PURCHASE OF STREET SWEEPERS - Authorize Execution of a Purchase Order with Tymco, Inc., Utilizing the H-GAC Contract for the Purchase of Two Street Sweepers in an Amount Not-to-Exceed $835,959.60.

Contact Persons:

Name: Sean Gosen Kelly King
Title: Fleet Maintenance Manager Maintenance Operations Director Div/Dept: Maintenance Operations Maintenance Operations Phone: (510) 979-5739 510-979-5753
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to Authorize the City Manager, or designee, to execute a purchase order utilizing a cooperative purchase agreement between Tymco, Inc. and H-GAC to purchase two Tymco Model 600 Regenerative Air Street Sweepers to replace the current street sweepers, which have exhausted their useful life.

The purchase order should be opened in an amount not-to-exceed $835,959.60.

BACKGROUND: The City of Fremont’s (“City”) current street sweepers have reached the end of their useful life and are incurring increased mechanical failures, downtime, and maintenance costs that require they be replaced before costs become prohibitive. The street sweepers are scheduled for replacement and funds for that purpose have been appropriated for Fiscal Year 2024/25. The street sweepers are used for solid waste removal operations and will be replaced utilizing Integrated Waste Management Funds (Fund 115).

DISCUSSION/ANALYSIS: City staff determined the vehicle and equipment make and model that would best meet their operational needs for street sweeping and concluded that the Tymco Model 600 Regenerative Air Sweeper will allow operators to perform their job most effectively and efficiently.

The City can realize cost savings by purchasing vehicles through the HGAC cooperative purchasing program. The HGAC is a political subdivision of the State of Texas which offers publicly solicited contracts to government entities nationwide. Fremont Municipal Code Section 3.20.310 authorizes the City to purchase equipment through cooperative agreements and staff has confirmed that the solicitation process used for the cooperative agreements is generally consistent with the City's procurement process. HGAC uses a public competitive solicitation and award process which meets the requirements of the City’s Purchasing Code.

VEHICLE/EQUIP
TYPE

VENDOR GOVERNMENT

PURCHASE

CONTRACT

COST FUNDING
SOURCE

TWO TYMCO
STREET

SWEEPERS
TYMCO, INC. HGAC CONTRACT
#SW04-20
$835,959.60 FUND 115

2.J
Packet Pg. 72
Council Staff Report (ID # 5439) Meeting of May 20, 2025 Updated: 5/15/2025 12:14 PM by Dina Lewis Page 2
The City is currently planning to transition much of the fleet to electric vehicles (EV).

However, there are no commercially viable sweeper models available that utilize zero- emission technology and meet the specific operational needs of the department.

FISCAL IMPACT: FY 2024/25 budgeted appropriations in the Integrated Waste Management Fund (Fund 115) provide sufficient funding for the purchase of the two street sweepers.

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

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager, or designee, to execute a purchase order with Tymco, Inc. for the purchase of two Tymco Model 600 street sweepers utilizing the H-GAC contract in an amount not-to-exceed $835,959.60.

2.J
Packet Pg. 73
Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance Operations
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5440) DOC ID: 5440
Updated: 5/15/2025 12:29 PM by Dina Lewis Page 1
FUEL SUPPLY CONTRACT - Authorization to Execute Purchase Order Contract in the amount of $1.463M with Merrimac Petroleum, Inc., DBA Merrimac Energy Group, for the Purchase and Delivery of Gasoline and Renewable Diesel Fuel with Fixed Price Adjustments for One Year Term and Options for Three One-Year Extensions
Contact Persons:

Name: Sean Gosen Kelly King
Title: Fleet Maintenance Manager Maintenance Operations Director Div/Dept: Maintenance Operations Maintenance Operations Phone: (510) 979-5739 510-979-5753
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to authorize the City Manager, or designee, to execute a purchase order contract in the amount of $1.463M for the purchase and delivery of fuel supplies to support City of Fremont (“City”) operations.

BACKGROUND: The City’s fleet consumes approximately 300,000 gallons of diesel and unleaded fuel annually (225,000 gallons of unleaded gasoline and 75,000 gallons of diesel fuel) to support its fleet of more than 600 vehicles and equipment that include fire engines, police vehicles, general service vehicles, maintenance vehicles, heavy equipment, solid waste-related vehicles/equipment (street sweepers, storm drain cleaners) and generators.

Fuel is distributed from four main City-owned and operated fueling sites throughout the City: 1) Maintenance Center, 42551 Osgood Road; 2) Fueling Station, 1970 Stevenson Boulevard; 3) Fire Station 1, 4200 Mowry Avenue; and 4) Fire Station 9, 39609 Stevenson Place. In addition to these fueling sites, the City also has 17 emergency standby generators with large tanks that periodically require refueling.

Fuel is routinely purchased throughout the year when existing fuel supplies run low.

The current fuel purchasing and delivery contract with Mansfield Oil Company of Gainesville, Inc., will expire on June 30, 2025.

To align with the City’s Climate Action Plan to substantially reduce greenhouse emissions, particulate matter, and other harmful tailpipe emissions such as NOx, CO, and HC, the City will continue to use Renewable Diesel that is refined from 100% renewable sources such as cooking oils, vegetable oils, and animal fats and that is refined to the same molecular structure as petroleum diesel. The Renewable Diesel is compatible with current fuel storage and distribution infrastructure and suitable for all diesel engines requiring no additional investment.

DISCUSSION/ANALYSIS: To continue uninterrupted fuel service for City operations, a competitive procurement process was conducted in March 2025 to obtain fair and competitive pricing for the purchase and delivery of unleaded and Renewable Diesel fuel.

The fuel provider that is awarded the fuel contract will provide unleaded gasoline and Renewable Diesel to City fueling sites. The fuel contract will be for a one-year term with

2.K
Packet Pg. 74
Council Staff Report (ID # 5440) Meeting of May 20, 2025 Updated: 5/15/2025 12:29 PM by Dina Lewis Page 2
options for three additional one-year terms with fixed price adjustments for each fuel category for the entirety of the contract.

The City advertised the invitations for bid (Bid #25-024) for the purchase and delivery of fuel using BidNet Direct and by posting bid invitations on the City’s website. Each vendor’s bid totals were determined by applying the bidder’s unleaded and renewable diesel fuel discount per gallon for each fuel category and freight cost per gallon for each location by the estimated annual fuel consumption of 225,000 gallons of unleaded and 75,000 gallons of diesel. For tabulation purposes, an arbitrary value of $1.00 was used for the price per gallon of fuel for both unleaded and renewable diesel to determine bid totals. Of the two responsive bids that were received: Merrimac Petroleum, Inc., DBA Merrimac Energy Group submitted a bid of $298,429.50 and Pinnacle Petroleum, Inc., submitted a bid of $310,587.80. Staff analyzed the bids and determined that Merrimac is the lowest, most responsive, and responsible bidder. Therefore, staff is recommending the City Council authorize the City Manager or designee to execute a contract with Merrimac Petroleum, Inc., DBA Merrimac Energy Group, to be the City’s provider for the purchase and delivery of fuel.

Fuel prices are subject to market fluctuations due to geopolitical events, seasonal demand, and supply chain factors. Staff anticipates continued volatility in fuel pricing throughout the fiscal year. Based on current usage trends and market projections, staff estimates that the annual cost of fuel for City operations will be $1.463M.

FISCAL IMPACT: Funds for the purchase and delivery of gasoline and diesel fuel are included in the Fiscal Year 2025/26 Proposed Operating Budget.

ENVIRONMENTAL REVIEW: Approval of the fuel supply contract is not a project subject to review under the California Environmental Quality Act (CEQA), as purchase of supplies is a continuing administrative activity which is excluded from the definition of project pursuant to CEQA Guidelines Section 15378 (b)(2).

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager, or designee, to execute a purchase order contract with Merrimac Petroleum, Inc., DBA Merrimac Energy Group, for the purchase and delivery of unleaded gasoline and renewable diesel fuel for a one-year term in the amount of $1.463M with option to renew the contract for up to three one-year terms with fixed price adjustments for the entire contract term.

2.K
Packet Pg. 75
Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance Operations
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5441) DOC ID: 5441
Updated: 5/15/2025 1:20 PM by Dina Lewis Page 1
AMENDMENT TO CONTRACT FOR CITY FLEET SERVICES - Authorize the Execution of the First Amendment to Installation, Removal, Repair, Service & Purchase of Vehicle Accessories and Equipment with Stommel, Inc., DBA Lehr Contact Persons:

Name: Sean Gosen Kelly King
Title: Fleet Maintenance Manager Maintenance Operations Director Div/Dept: Maintenance Operations Maintenance Operations Phone: (510) 979-5739 510-979-5753
E-Mail: [email protected] [email protected]

Executive Summary: City staff recommends amending the agreement with Stommel, Inc., DBA Lehr for servicing the City’s fleet, to increase the contract amount by $750,000 to meet service demands, bringing the new total compensation to $1,950,000.

BACKGROUND: On May 4, 2023, the City solicited bids for build-up and emergency lighting for replacement vehicles. On July 11, 2023, the City Council approved the service agreement with Lehr for an annual compensation amount of $300,000 for four years for a total not-to-exceed amount of $1,200,000 from September 15, 2023 through June 30, 2027.

DISCUSSION/ANALYSIS: Based on the current inventory and planned replacement of public safety vehicles that require emergency lighting, equipment installation, along with associated parts and labor cost, the estimated annual cost for these services is expected to increase.

Staff anticipates that annual compensation will outpace the original $300,000 and recommends increasing the annual amount to $550,000 for the remaining Fiscal Years 2024/25, 2025/26, and 2026/27 for a total contract not-to-exceed amount of $1,950,000.

FISCAL IMPACT: There is sufficient funding in the Maintenance Operations Department’s General Fund (Fund 001) budget to cover the cost of the purchase of vehicle accessories and Vehicle Replacement Fund (Fund 610) budget to cover vehicle build ups.

ENVIRONMENTAL REVIEW: The action recommended in this report is not a project subject to review under the California Environmental Quality Act (CEQA) per CEQA Guideline Section 15378 as they are maintenance and/or administrative activities of government. The action is exempt from CEQA under section 15061(b)(3), as it can be seen with certainty that there will be no possibility that the activity may have a significant effect on the environment.

ATTACHMENTS: None.

2.L
Packet Pg. 76
Council Staff Report (ID # 5441) Meeting of May 20, 2025 Updated: 5/15/2025 1:20 PM by Dina Lewis Page 2
RECOMMENDATION: Authorize the City Manager, or designee, to execute the first amendment to the agreement with Stommel, Inc., DBA Lehr, increasing the total not-to-exceed amount to $1,950,000.

2.L
Packet Pg. 77
Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Engineering
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5446) DOC ID: 5446
Updated: 5/15/2025 1:25 PM by Dina Lewis Page 1
SURVEYING CONSULTANT SERVICES - Approval of Agreements for On-Call Surveying Consultant Services in the Amount of $1,250,000 per Agreement with Ruggeri Jensen Azar and Towill, Inc.; Make Findings of CEQA Exemption Contact Persons:

Name: William Miller Hans Larsen
Title: Engineer II (Civil) Public Works Director
Div/Dept: Engineering Public Works
Phone: 510-494-4722
E-Mail: [email protected] [email protected]

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

BACKGROUND: On-call consultant service agreements are used for services requiring expertise that City staff does not have and/or to supplement City staff during periods of peak work demand.

The work performed under this agreement will include surveying services for 1) surveying for City projects, including boundary and topographic surveys and the preparation of maps, plats and legal descriptions and 2) the review of private development plans submitted to the City, including parcel maps, final maps and plats and legal descriptions.

DISCUSSION/ANALYSIS: In February 2025, the City solicited proposals for On-Call Surveying Services. The selected consultants will work under a five-year Master Service Agreement.

Fourteen proposals were received from surveying consulting firms, listed alphabetically:

BKF Engineers; F3 & Associates, Inc.; HMH Engineers; JE Estate; MacKay and Somps; MNS Engineers; REY Engineers; Ruggeri Jensen Azar; Sandis Civil Engineers Surveyors Planners; Siegfried Engineering; Tetra Tech; Towill, Inc.; U and R Civil Engineers; and Wilsey Ham.

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

Based on the results of the evaluation process, staff recommends authorizing the approval of two separate master agreements for on-call surveying consultant services with Ruggeri Jensen Azar and Towill, Inc. for the not-to-exceed amount of $1,250,000 per agreement, over a period of five years.

2.M
Packet Pg. 78
Council Staff Report (ID # 5446) Meeting of May 20, 2025 Updated: 5/15/2025 1:25 PM by Dina Lewis Page 2
FISCAL IMPACT: All task orders issued, and work performed by consultants under the on- call Master Service Agreement will be restricted to the funds appropriated and available for the specific project for which the work is required.

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

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to execute Master Service Agreements with Ruggeri Jensen Azar and Towill, Inc., for on-call surveying consultant services, each agreement with a term of five years and a total amount not-to-exceed $1,250,000.

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

2.M
Packet Pg. 79
Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance Operations
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5443) DOC ID: 5443
Updated: 5/15/2025 1:32 PM by Dina Lewis Page 1
UNIFORM RENTAL AND LAUNDRY SERVICES - Approval of a Service Agreement with Prudential Overall Supply for Uniform Rental and Laundry Services in the Amount of $55,000 per Year with Annual Price Increases Capped at 4 Percent per Year
Contact Persons:

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

Executive Summary: The purpose of this report is to facilitate a new service agreement for uniform rental and laundry services for the Maintenance Operations Department staff.

BACKGROUND: The Maintenance Operations Department utilizes uniforms for the following staff: Building Maintenance, Fleet Maintenance, Park Maintenance, & Street Maintenance.

Staff engage in industrial work activities and require safe, visible, comfortable garments that withstand their daily tasks. Uniforms are rented and laundered exclusively by the vendor and are delivered weekly. Fleet Maintenance also utilizes rented and laundered shop towels for their operation.

DISCUSSION/ANALYSIS: A request to renew this service (RFP# 25-034) was publicly released on March 19, 2025 and closed on April 2, 2025.

The City received one proposal for this service from Prudential Overall Supply. The proposal was evaluated by a team of City staff applying the following factors: qualifications, feasibility, responsiveness, service agreement, and service rates. Based on the results of the evaluation process, staff recommends approval of the service agreement with Prudential Overall Supply to provide the services outlined in the RFP.

The service agreement will be a seven year term, beginning July 1, 2025 through June 30, 2032. The annual not-to-exceed amount for Fiscal Year 2025/26 and 2026/27 is $55,000. ($45,000 for rental and laundry services plus up to $10,000 for annual additional services).

FISCAL IMPACT: The initial annual cost of the Service Agreement with Prudential Overall Supply is a not-to-exceed cost of $55,000 ($45,000 for rental and laundry services plus up to $10,000 for annual additional services). Annual price increases for the rental and laundry services amount are included after the second year based on the San Francisco-Oakland- Hayward Consumer Price Index for All Urban Consumers (CPI-U), which will be calculated on an average for the period of April to April; however, the price increase shall not exceed four percent in any year. Price increases will take effect on July 1 of each year, with the first increase scheduled to occur on July 1, 2027. If no increase is indicated in the CPI Index, the Contractor will not be allowed a price increase. There is sufficient funding in the

2.N
Packet Pg. 80
Council Staff Report (ID # 5443) Meeting of May 20, 2025 Updated: 5/15/2025 1:32 PM by Dina Lewis Page 2
Maintenance Operations Department’s General Fund (Fund 001) budget to cover the cost of the first year of this Agreement.

ENVIRONMENTAL REVIEW: This action is not a project as defined by Pub. Res. Code Section 21065 and is categorically exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager, or designee, to execute a seven-year service agreement (July 1, 2025 to June 30, 2032) with Prudential Overall Supply for uniform rental and laundry services for Maintenance Operations staff, at an annual cost of $55,000 ($45,000 for rental and laundry services plus up to $10,000 for annual additional services) for Fiscal Year 2025/26 and 2026/27, with annual price increases based on CPI-U but capped at four percent per year.

2.N
Packet Pg. 81
Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5448) DOC ID: 5448 A
Updated: 5/15/2025 2:02 PM by Dina Lewis A Page 1

TRANSPORTATION SERVICES FOR OLDER ADULTS AND PEOPLE WITH DISABILITIES (RIDE-ON TRI-CITY!) – Authorization to Execute Agreements for Ride-On Tri-City’s Ride-Hailing Services with Lyft, Inc. and GoGo Technologies, Inc. and Making Finding of CEQA Exemption
Contact Persons:

Name: Shawn Fong Arquimides Caldera
Title: Paratransit Program Manager Human Services Director Div/Dept: Human Services Department Human Services Department Phone: 510-574-2033 510-574-2056
E-Mail: [email protected] [email protected]

Executive Summary: Through its Ride-On Tri-City! (ROTC) program, the City provides a wide array of transportation services for older adults and people with disabilities living in the Tri-City area. As the needs of our community have changed, the City has developed innovative ways to address transportation service gaps and to ensure that older adults and people with disabilities have access to reliable and affordable modes of transportation to get to doctor appointments, grocery shop, run errands and engage in social and recreational activities that are essential to a high quality of life.

ROTC currently provides subsidized rides via its Wheelchair Accessible Van service, its Ride-Hailing Phone App service and Call Center service. These services will also be the foundation of the City’s transportation service for FY 2025/26, and staff recommends the City Council authorize the City Manager, or designee, to:

1. Execute an agreement with Lyft, Inc. for ride-hailing phone app services, not-to-exceed $510,000 annually, from July 1, 2025, through June 30, 2028,

2. Execute an agreement with GoGo Technologies, Inc for ride-hailing call center services, not-to-exceed $120,000 annually, from July 1, 2025, through June 30, 2028, and

3. Make a finding of CEQA exemption.

BACKGROUND: The Alameda County Transportation Commission administers Measure BB, the Alameda County transportation sales tax that provides direct local distribution payments to cities to implement special transportation services for older adults and people with disabilities.

The City, with community input from older adults, people with disabilities, caregivers, community groups, health care professionals and social service providers, is implementing a reliable and cost-effective suite of same-day transportation services for FY 2025/26. These services are outlined below:

Wheelchair Accessible Van (WAV) Service: Beginning in July 2025, Tri-City residents who use wheelchairs when they travel will be able to book up to 30 same-day, accessible rides within the Tri-City area, seven days a week, from 8:00 am to 6:00 pm. WAV program participants pay $4 per ride and are transported in ADA compliant wheelchair accessible minivans. The City is currently contracted with Nomad Transit, Inc. to pilot the same-day Wheelchair Accessible Van Service through June 30, 2027.

2.O
Packet Pg. 82
Council Staff Report (ID # 5448) Meeting of May 20, 2025 Updated: 5/15/2025 2:02 PM by Dina Lewis A Page 2

Ride-Hailing Phone App and Call Center programs: In the Fall of 2019, the City launched its Ride-Hailing Service to provide subsidized rides with Transportation Network Companies (e.g., Lyft) for elderly and disabled Tri-City residents. Cognizant of the fact that older adults and people with disabilities have different comfort levels with technology or functional and/or economic limitations in being able to acquire and/or use smartphones, the City crafted two ride-hailing services to address the needs of Tri-City residents.

Participants in the Ride-Hailing Phone App program can access same-day rides through a mobile app. The City has a current agreement with Lyft to provide discounts on rides for ROTC participants who reserve trips directly on Lyft’s ride-hailing app on their smartphones.

This agreement will expire on June 30, 2025.

To accommodate ROTC participants who do not have smartphones or are not able to use them, the City has an agreement with GoGo Technologies, Inc. (GoGo) to operate a call center to take ride reservations by phone, enter those reservations into Lyft’s web-based ride-hailing platform and monitor each ride to ensure its completion. This agreement is also set to expire on June 30, 2025.

For FY 2025/26, ROTC participants in either of the City’s Ride-Hailing programs will be able to access up to thirty subsidized rides within the Tri-City area, at a cost of $4 per ride.

Subsidized same-day rides are available seven days a week, from 8:00 a.m. to 6:00 p.m.

Additionally, each participant will have access to four rides outside of the Tri-City area for medical appointments and other needs. For these longer distance trips, riders will pay the first $8 of the ride and the ROTC will subsidize a maximum of $42 per trip. Riders are responsible for any additional costs above the subsidy.

DISCUSSION/ANALYSIS: Demand for transportation services has increased significantly over the past two years. In FY 2022/23, the Ride-Hailing program provided 15,600 subsidized Lyft rides to 450 individuals. In FY 2024/25, the program is projected to provide 35,000 subsidized Lyft rides to over 900 individuals. In FY 2022/23, GoGo facilitated 3,900 subsidized rides through its call center. In FY 2024/25, GoGo is projected to facilitate 7,200 subsidized Lyft rides through its call center.

To meet projected demand for future years in a reliable and administratively efficient manner, staff recommends the City enter into new agreements with its current Ride-Hailing transportation service providers. The City maintains the right to reevaluate and terminate service agreements prior to the end of the agreement term.

Staff recommends the City Council authorize the City Manager, or designee, to execute an agreement with Lyft, Inc. for three fiscal years, FY 2025/26 through 2027/28, with a not-to-exceed yearly amount of $510,000.

Lyft Agreement

Fiscal Year
Not-to-Exceed
Amount
2025/26 510,000

2.O
Packet Pg. 83
Council Staff Report (ID # 5448) Meeting of May 20, 2025 Updated: 5/15/2025 2:02 PM by Dina Lewis A Page 3
2026/27 510,000
2027/28 510,000
Total: $1,530,000

Staff also recommends the City Council authorize the City Manager, or designee, to execute an agreement with GoGo Technologies, Inc. for three fiscal years, FY 2025/26 through 2027/28, with a not-to-exceed yearly amount of $120,000.

GoGo Technologies Agreement

Fiscal Year
Not-to-Exceed
Amount
2025/26 120,000
2026/27 120,000
2027/28 120,000
Total: $360,000

FISCAL IMPACT: There is no fiscal impact on the City’s General Fund. Program costs and project staffing for Ride-On Tri-City!’s Ride-Hailing Services through Lyft and GoGo are funded entirely through Measure BB direct local distribution funding. The City receives reimbursement for transportation services provided to Newark and Union City residents as specified in the yearly Task Orders to the Joint Powers Agreements that the City of Fremont has executed with each city.

All funding for the Ride-On Tri-City! Program, including the Ride-Hailing Services, has been included in the City’s FY 2025/26 Proposed Operating Budget.

ENVIRONMENTAL REVIEW: The action is exempt from CEQA pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), (4) and/or (5), and/or 15061(b)(3) as an administrative or fiscal activity that has no potential to cause a significant effect on the environment, directly or indirectly, each of the foregoing providing a separate and independent basis for CEQA exemption.

ATTACHMENTS: None.

RECOMMENDATIONS: Authorize the City Manager, or designee, to:

1. Execute an agreement with Lyft, Inc. for ride-hailing phone app services, not-to-exceed $510,000 annually, for July 1, 2025, through June 30, 2028;

2. Execute an agreement with GoGo Technologies, Inc. for ride-hailing call center services, not to exceed $120,000 annually, for July 1, 2025, through June 30, 2028; and

3. Find that this action is exempt from CEQA pursuant to CEQA Guidelines Section 15378(b)(2), (4) and/or (5), and/or 15061(b)(3), each of the foregoing providing a separate and independent basis for CEQA exemption.

2.O
Packet Pg. 84
Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Private Development Projects

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5447) DOC ID: 5447
Updated: 5/15/2025 2:07 PM by Dina Lewis Page 1
VACATION OF EASEMENT AT 39180 LIBERTY STREET - Adopt a Resolution Summarily Vacating a Public Utility Easement at 39180 Liberty Street in the Downtown Community Plan Area (PLN2025-00048) and Make Findings of CEQA Exemption.

Contact Persons:

Name: Homira Shafaq Hans Larsen
Title: Associate Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: (510) 494-4780 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to summarily vacate a public utility easement that is no longer needed.

BACKGROUND: The property owner of 39180 Liberty Street has submitted an application for the vacation of a public utility easement that is not-to-exceed and is in conflict with an existing building on their site. The public utility easement proposed for vacation was originally dedicated to the City by Parcel Map 1851, recorded on March 18, 1976. The vacation shall be effective immediately with the recordation of the resolution of vacation.

DISCUSSION/ANALYSIS: California Streets and Highways Code Section 8330 – 8334.5 allows the City to summarily vacate a public service easement when it is “superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.” City staff have determined that the public utility easement is no longer needed and there are no other public facilities located within the easement.

Notification to Utility Companies: All concerned utility companies have been notified and consented to the proposed vacation of the public utility easement.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The vacation of the public utility easement is exempt from environmental review, pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15305, because the action is considered a minor alteration to land use limitations that does not result in any land use or density changes.

ATTACHMENTS:
• Draft Resolution Summarily Vacating Public Utility Easement • Exhibit A – Legal Description; Exhibit B – Plat Map

RECOMMENDATIONS:

1. Adopt a resolution to vacate a portion of a public utility easement at 39180 Liberty Street on grounds the easement is no longer needed.

2.P
Packet Pg. 85
Council Staff Report (ID # 5447) Meeting of May 20, 2025 Updated: 5/15/2025 2:07 PM by Dina Lewis Page 2

2. Find the action is exempt from CEQA review per CEQA Guidelines Section 15305, as the vacation of access easements is considered a minor alteration in land use limitations that does not result in any land use or density changes.

2.P
Packet Pg. 86

Resolution No. 2025-XX Page 1 of 2
DRAFT

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT SUMMARILY VACATING A PUBLIC UTILITY EASEMENT AT 39180

LIBERTY STREET AND MAKING A FINDING OF CEQA EXEMPTION

WHEREAS, the owner/developer applicant of the property located at 39180 Liberty Street is requesting approval of a summary vacation of the public utility easement described and depicted in Exhibits A and B, attached and incorporated herein by this reference; and

WHEREAS, pursuant to California Streets and Highways Code Section 8333 (c), the legislative body of a local agency may summarily vacate a public service easement when it is superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.;

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

Section 1. The City Council approves the summary vacation of the public utility easement described and depicted in Exhibits A and B, which is hereby vacated in accordance with the Public Streets, Highways and Service Easements Vacation Law, Chapter 4, Part 3, Division 9 of the California Streets and Highways Code (Section 8300 et seq.), based upon the following findings and conditions:

A. The City Council finds, based on the information contained in the council City Council report and presented at the City Council meeting on this itemby staff, that the public utility easement being vacated is no longer needed, has been superseded by relocation, constitutes excess land, and there are no other public facilities located within the easement.

B. The vacation shall conform to Exhibits A and B (Legal Description and Plat for Public Utility Easement Vacation).

Section 2. The City Council finds that the vacation of the easement is exempt from environmental review under CEQA Guidelines, Section 15305 as a minor alteration to land use limitations whichthat does not result in any land use or density changes.

Section 3. The City Clerk is directed to cause a certified copy of this resolution, with Exhibit A and Exhibit B, attested by her under seal, to be recorded in the office of the County Recorder of Alameda County after the above conditions are met.

2.P.a
Packet Pg. 87
Attachment: Draft Resolution Summarily Vacating Public Utility Easement (5447 : VACATION OF EASEMENT AT 39180 LIBERTY STREET)

Resolution No. 2025-XX Page 2 of 2

ADOPTED, , 2025, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

2.P.a
Packet Pg. 88
Attachment: Draft Resolution Summarily Vacating Public Utility Easement (5447 : VACATION OF EASEMENT AT 39180 LIBERTY STREET)

2.P.b
Packet Pg. 89
Attachment: Exhibit A – Legal Description; Exhibit B – Plat Map (5447 : VACATION OF EASEMENT AT 39180 LIBERTY STREET)

2.P.b
Packet Pg. 90
Attachment: Exhibit A – Legal Description; Exhibit B – Plat Map (5447 : VACATION OF EASEMENT AT 39180 LIBERTY STREET) Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Private Development Projects

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5449) DOC ID: 5449
Updated: 5/15/2025 2:14 PM by Dina Lewis Page 1
VACATION OF PUBLIC SERVICE EASEMENT AT 38889 BELL STREET - Adopt a Resolution Summarily Vacating an Electrolier Easement at 38889 Bell Street in the Central Community Plan Area; Make Findings of CEQA Exemption.

Contact Persons:

Name: Kenneth Nagar Hans Larsen
Title: Associate Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4732 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the development of a 128-unit multifamily affordable housing project by vacating an electrolier easement that is no longer needed.

BACKGROUND: On November 20, 2018, the City Council approved a General Plan Amendment, Rezoning, and Discretionary Design Review Permit to allow the construction of a 128-unit multifamily affordable housing project commonly known as Bell Street Gardens Affordable Apartments, located at 38889 Bell Street. To facilitate the development, Bell Street Gardens L.P., the property owner and developer of the project, has submitted an application to the City for the vacation of a public electrolier easement on their property.

The electrolier easement proposed for vacation was originally dedicated to the City by a Grant of Easement recorded on July 20, 1973, in Book 3469, Page 124 of Official Records (Instrument Number 73-98685). The vacation shall be effective immediately with the recordation of the resolution of vacation.

DISCUSSION/ANALYSIS: California Streets and Highways Code Section 8330 – 8334.5 allows the City to summarily vacate a public service easement when it is “superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.” City staff have determined that the electrolier easement is no longer needed and there are no other public facilities located within the easement.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The vacation of the electrolier easement is exempt from environmental review, pursuant to (California Environmental Quality Act) CEQA Guidelines, Section 15305, because the action is considered a minor alteration to land use limitations which does not result in any land use or density changes.

ATTACHMENTS:
• Draft Resolution Summarily Vacating Electrolier Easement • Exhibit A-1 – Legal Description; Exhibit B-1 & B-2 – Plat Map

RECOMMENDATIONS:

2.Q
Packet Pg. 91
Council Staff Report (ID # 5449) Meeting of May 20, 2025 Updated: 5/15/2025 2:14 PM by Dina Lewis Page 2

1. Adopt a resolution to vacate an Electrolier Easement at 38889 Bell Street on grounds the easement is no longer needed.

2. Find the action is exempt from CEQA review per CEQA Guidelines Section 15305, as the vacation of easements is considered a minor alteration to land use limitations that does not result in any land use or density changes.

2.Q
Packet Pg. 92
Resolution No. 2025-XX Page 1 of 2

DRAFT

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT SUMMARILY VACATING AN ELECTROLIER EASEMENT AT 38889

BELL STREET AND MAKING A FINDING OF CEQA EXEMPTION

WHEREAS, the Applicant/Developer of the property located at 38889 Bell Street is requesting approval of a summary vacation of the Electrolier Easement described and depicted in Exhibits A-1, B-1, and B-2, attached and incorporated herein by this reference; and

WHEREAS, pursuant to California Streets and Highways Code Section 8330 – 8334.5, the legislative body of a local agency may summarily vacate a public service easement when it is superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.,;

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

Section 1. The City Council approves the summary vacation of the Electrolier Easement described and depicted in Exhibits A-1, B-1, and B-2, which is hereby vacated in accordance with Public Streets, Highways and Service Easements Vacation Law, Chapter 4, Part 3, Division 9 of the California Streets and Highways Code (Section 8300 et seq.), based upon the following findings and conditions:

A. The City Council finds, based on the information contained in the council City Council report and presented at the City Council meeting on this itemby staff, that the Electrolier Easement being vacated was dedicated to the City per Grant of Easement, recorded on July, 20, 1973 in Book 3469 of Official Records, page 124 under Recorder’s Serial Number 73-98685. The easement is no longer needed, has been superseded by relocation, constitutes excess land, and there are no other public facilities located within the easement.

B. The vacation shall conform to Exhibits A-1, B-1, and B-2 (Legal Description and Plat for Electrolier Easement Vacation).

Section 2. The City Council finds that the vacation of the easement is exempt from environmental review under CEQA Guidelines, Section 15305 as a minor alteration to land use limitations whichthat does not result in any land use or density changes.

Section 3. The City Clerk is directed to cause a certified copy of this resolution, Exhibit A-1, Exhibit B-1, and Exhibit B-2, attested by her under seal, to be recorded in the office of the County Recorder of Alameda County after the above conditions are met.

2.Q.a
Packet Pg. 93
Attachment: Draft Resolution Summarily Vacating Electrolier Easement (5449 : VACATION OF EASEMENT AT 38889 BELL STREET) Resolution No. 2025-XX Page 2 of 2

2.Q.a
Packet Pg. 94
Attachment: Draft Resolution Summarily Vacating Electrolier Easement (5449 : VACATION OF EASEMENT AT 38889 BELL STREET) Resolution No. 2025-XX Page 3 of 2

ADOPTED, , 2025, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

2.Q.a
Packet Pg. 95
Attachment: Draft Resolution Summarily Vacating Electrolier Easement (5449 : VACATION OF EASEMENT AT 38889 BELL STREET) EXHIBIT “A-1”

LEGAL DESCRIPTION
(ELECTROLIER EASEMENT VACATION)

All that real property situated in the City of Fremont, County of Alameda, State of California, being all of the parcel of land as described in that certain Grant of Easement recorded July 20, 1973, as Document Number 73-98685, Official R ecords of Alameda County, State of California, said parcel of land being described in said Grant of Easement as follows:

“Portions of Lots 38 and 39, Map of E. Salz Add ition to Centerville filed in Book 23 of Maps at

Beginning at the intersection of th e southwestern line of Bell Str eet (formerly B Street) and the northwestern line of Mowry Avenue (County Road 49), also being the northeast corner of Lot 40 as said street, road and lot are shown on the aforementioned map; thence from said point of beginning running along the afor ementioned northwestern line of Mowry Avenue South 32°52’ West 224.00 feet; thence North 57°22’ West 78.50 feet to the True Point of Beginning; thence continuing North 57°22’ West 22.00 feet; thence North 32°52’ East 10.00 feet; thence South 57°22’ East 22.00 feet; thence South 32°52’ West 10.00 feet to the True Point of Beginning.”

CONTAINING 220 square feet, more or less.

Plat maps EXHIBIT B-1 and EXHIBIT B-2, are attached hereto and made a part hereof.

PREPARED BY LUK AND ASSOCIATES

JACQUELINE LUK, PLS 8934

DATE: 7/26/2024

This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyors Act.

2.Q.b
Packet Pg. 96
Attachment: Exhibit A-1 – Legal Description; Exhibit B-1 & B-2 – Plat Map (5449 : VACATION OF EASEMENT AT 38889 BELL STREET)

2.Q.b
Packet Pg. 97
Attachment: Exhibit A-1 – Legal Description; Exhibit B-1 & B-2 – Plat Map (5449 : VACATION OF

2.Q.b
Packet Pg. 98
Attachment: Exhibit A-1 – Legal Description; Exhibit B-1 & B-2 – Plat Map (5449 : VACATION OF Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Private Development Projects

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5450) DOC ID: 5450
Updated: 5/15/2025 2:22 PM by Dina Lewis Page 1
VACATION OF A PORTION OF GROVE AVENUE - Adopt a Resolution Summarily Vacating a Portion of Grove Avenue Adjacent to 43401 Ellsworth Street; Make Findings of CEQA Exemption.

Contact Persons:

Name: Kenneth Nagar Hans Larsen
Title: Associate Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4732 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate vacating a portion of Grove Avenue to support development of the Ellsworth Mixed Use project in Council District 5.

BACKGROUND: On October 13, 2022, the Planning Commission approved a Discretionary Design Review, Private Street, and Vesting Tentative Tract Map 8596 to allow a mixed-use development with approximately 4,581 square feet of commercial space and 12 residential units at 43401 Ellsworth Street in the Mission San Jose Community Plan Area, commonly known as Ellsworth Mixed Use. To fulfill conditions of approval for the project, Robson Homes, LLC, the property owner and developer of the project, has submitted an application for the vacation of a roadway easement on Grove Avenue along their frontage.

The subject property and the surrounding parcels were created prior to the City’s incorporation in 1956. The roadways were acquired by the County of Alameda by dedication on the map entitled Map of the Town of Mission San Jose, Survey Map 1868 and recorded in Book 6, Page 17 of maps in the Alameda County Official Records. Upon incorporation, the City acquired the roadways. The vacation shall be effective immediately with the recordation of the resolution of vacation.

DISCUSSION/ANALYSIS: California Streets and Highways Code Section 8334 allows the City to summarily vacate excess right-of-way when it is “not required for street or highway purposes.” The area to be vacated is currently unimproved and is not required for street purposes as the remaining right-of-way is sufficient to accommodate the roadway. City staff have determined that the unused roadway easement is no longer needed for present or prospective roadway use, and there are no other public facilities located within the easement. The property owner holds fee ownership to this portion of Grove Avenue.

Therefore, upon recordation of the resolution of vacation, this portion of Grove Avenue would no longer be encumbered by a roadway easement and would revert to the fee owner.

Notification to Utility Companies: All concerned utility companies have been notified and consented to the proposed vacation of the easement.

General Plan Finding: In accordance with City Council Resolution No. 9216, a General Plan conformity finding by the Planning Commission is not required as the proposed vacation is a minor disposition of right-of-way. Furthermore, the proposed vacation would not conflict

2.R
Packet Pg. 99
Council Staff Report (ID # 5450) Meeting of May 20, 2025 Updated: 5/15/2025 2:22 PM by Dina Lewis Page 2
with any General Plan policies and Grove Avenue would be in conformity with its designation as a minor residential street.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The vacation of the roadway easement is exempt from environmental review, pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15305, because the action is considered a minor alteration to land use limitations which does not result in any land use or density changes.

ATTACHMENTS:
• Draft Resolution- Grove Vacation
• Exhibit A & B – Legal Description & Plat Map

RECOMMENDATIONS:

1. Adopt a resolution to summarily vacate a portion of Grove Avenue adjacent to 43401 Ellsworth Street.

2. Find the action is exempt from CEQA review per CEQA Guidelines Section 15305, as the vacation of easements is considered a minor alteration in land use limitations which does not result in any land use or density changes.

2.R
Packet Pg. 100
Resolution 2025-XX Page 1 of 2
DRAFT

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT SUMMARILY VACATING A PORTION OF GROVE
AVENUE ADJACENT TO 43401 ELLSWORTH STREET AND

MAKING A FINDING OF CEQA EXEMPTION

WHEREAS, the Applicant/Developer of the property located at 43401 Ellsworth Street is requesting approval of a summary vacation of the roadway easement described and depicted in Exhibits A and B, attached and incorporated herein by this reference; and

WHEREAS, pursuant to California Streets and Highways Code Section 8334, the legislative body of a local agency may summarily vacate excess right-of-way of a street or highway not required for street or highway purposes.

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

SECTION 1. The City Council approves the summary vacation of the roadway easement described and depicted in Exhibits A and B, which is hereby vacated in accordance with Public Streets, Highways and Service Easements Vacation Law, Chapter 4, Part 3, Division 9 of the California Streets and Highways Code (Section 8300 et seq.), based upon the following findings and conditions:

A. The City Council finds, based on the information contained in the City Council report and presented at the City Council meeting on this item, that the roadway easement being vacated is no longer needed for present or prospective roadway use, and there are no other public facilities located within the easement.

B. The vacation shall conform to Exhibits A and B (Legal Description and Plat for roadway easement vacation).

SECTION 2. The City Council finds that the vacation of the easement is exempt from environmental review under CEQA Guidelines, Section 15305 as a minor alteration to land use limitations that does not result in any land use or density changes.

SECTION 3. The City Clerk is directed to cause a certified copy of this resolution, Exhibit A and Exhibit B, attested by her under seal, to be recorded in the office of the County Recorder of Alameda County after the above conditions are met.

2.R.a
Packet Pg. 101
Attachment: Draft Resolution- Grove Vacation (5450 : VACATION OF A PORTION OF GROVE AVENUE) Resolution 2025-XX Page 2 of 2
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

2.R.a
Packet Pg. 102
Attachment: Draft Resolution- Grove Vacation (5450 : VACATION OF A PORTION OF GROVE AVENUE)

2.R.b
Packet Pg. 103
Attachment: Exhibit A & B – Legal Description & Plat Map (5450 : VACATION OF A PORTION OF GROVE AVENUE)

2.R.b
Packet Pg. 104
Attachment: Exhibit A & B – Legal Description & Plat Map (5450 : VACATION OF A PORTION OF GROVE AVENUE) Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Property Acquisitions & Dispositions

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5419) DOC ID: 5419 D
Updated: 5/16/2025 11:04 AM by Dina Lewis D Page 1

ACQUISITION OF LAND AND ADMINISTRATIVE CHANGE TO LAND ACQUISITION MANUAL OF THE PARKS AND RECREATION MASTER PLAN - Adopt a Resolution authorizing the City Manager or her designee to execute an Agreement to Purchase the Property Located at Fremont Blvd. & St. Leonards Way, APN 525- 802-33-3, in the amount of $800,000 and making certain findings; and Approval of an administrative change to the Land Acquisition Manual of the Parks and Recreation Master Plan; and Find that the actions are exempt from CEQA per CEQA Guidelines Sections 15183, 15004, 15061(b)(3), and 15378.

Contact Persons:

Name: Kim Beranek Ian Champeny
Title: Community Services Director Real Property Agent
Div/Dept: Community Services Public Works
Phone: 510-494-4330 510-494-4759
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to recommend: 1) City Council adoption of a resolution authorizing the purchase of the 1.1-acre property located at Fremont Boulevard and Saint Leonards Way, APN 525-802-33-3 (“Property”) Exhibits 1 and 3, which is privately owned by the Roman Catholic Welfare Corporation of Oakland, also known as the Diocese of Oakland (“Owner”), and 2) request an administrative change to the language in the Land Acquisition Manual of the Parks and Recreation Master Plan to expedite parkland acquisition by allowing City Council consideration of parkland acquisition without the requirement of Recreation Commission review. The acquisition of the Property is necessary for the development of a future park in support of the Parks and Recreation Master Plan.

BACKGROUND: In 2022, the City of Fremont completed a comprehensive Parks and Recreation Master Plan that included a Parkland Acquisition Manual (Manual) describing key attributes and necessities to meet the needs of residents. Criteria were identified in the Master Plan, including park size, 10-minute walk to park access for all, connection to trails, and equity areas.

In 2023, a commercial real estate consultant was hired to collect market data, and locate, evaluate, and report on potential sites which could be purchased for parkland (for possible future development). Target acquisition sites were identified by priority. According to the report, the Property at Fremont Blvd. and St. Leonards Way was identified as a High Priority target site, which would provide 3,519 residents new access to a park within a 10-minute walking distance from their homes. A further positive attribute of the Property is its adjacent location to the SFPUC “Hetch Hetchy” property, which potentially provides complementary park and trail use through a possible future partnership with SFPUC.

DISCUSSION/ANALYSIS: Since May 2024, City staff have been communicating with the Owner and Owner’s representatives regarding the City’s interest in acquiring this Property.

In February 2025, the City became aware that the property was available for purchase and entered into negotiations with the Owner. As a result of said negotiations, City staff recommends that the City Council authorizes the City Manager to execute a Purchase and

2.S
Packet Pg. 105
Council Staff Report (ID # 5419) Meeting of May 20, 2025 Updated: 5/16/2025 11:04 AM by Dina Lewis D Page 2
Sale Agreement for the Property in the amount of $800,000 with the Owner. The transaction would also include a “Right Of First Offer” for the City to purchase the adjacent improved real property identified as Assessor Parcel Number 525-0802-070-00 subject to certain conditions. This right will enable the City to have the first opportunity to make an offer to purchase the Owner’s adjacent property which could potentially result in a larger park.

City staff has made substantial progress in its due diligence investigations on the site, including property and title research, appraisal, and Phase I Environmental Site Assessment (ESA), and to date the investigations have disclosed no characteristics of the site that would preclude the development of a park on the Property.

City staff has negotiated terms for the purchase of the Property to include the following easements:

1. Road Easement - A 20’ easement at the private St Leonards Way road which traverses the site from the southern end at the Fremont Boulevard frontage road, north to the adjacent 7-acre property belonging to the Owner. The road and existing gate across the road located on SFPUC property will be maintained by the Owner until the City develops the park at a future date. Once the City develops the Property, the City will redevelop the private road into an emergency vehicle access road with an EVA-appropriate gate. The City will then take over maintenance of the easement as part of the park.

2. Playground Easement – Use of a small triangular-shaped portion of the existing blacktop at the northeast corner of the Property by the Owner as part of their playground and parking lot for as long as the Owner’s Property is used as a church or school or until the adjacent property is sold. The easement will also terminate if the Owner removes the pavement and fence.

The proposed purchase of the Property as parkland is subject to evaluation for alignment with the goals of the City’s General Plan, the criteria for the selection of park sites as identified in the Parks and Recreation Master Plan, and other City policies.

Conformance with City Policies
The proposed purchase of the Property is aligned with City goals and policies and will not conflict with any applicable land use plan, policy, or regulation of the General Plan or the Parks and Recreation Master Plan.

Following the purchase of the Property as parkland, the City may choose to move forward with design and development of the land at a future date.

General Plan Goals/Policies
The following General Plan goals and policies are applicable to the purchase of parkland:
• Goal 2-1: City form and structure
o Policy 2-1.4: Neighborhoods with safe and convenient access to services, schools and parks
• Goal 2-2: Directing change to ensure continued availability of public services, and also protects the natural environment.
o Policy 2-2.12: Land banking to utilize vacant or underutilized land for long term

2.S
Packet Pg. 106
Council Staff Report (ID # 5419) Meeting of May 20, 2025 Updated: 5/16/2025 11:04 AM by Dina Lewis D Page 3
development of public facilities, parks and other uses for the public benefit. • Goal 2-3: Complete Neighborhoods
o Policy 2-3.7: Green neighborhoods that integrate open space, parks, trees and natural features into Fremont’s neighborhoods to enhance their visual quality and improve access to nature and recreation.
• Goal 2-6: Open Space
o Policy 2-6.4: Parks should be recognized as fundamental to Fremont’s quality of life and should be carefully managed to create balance between passive and active open space.

Parks and Recreation Element of the General Plan Goals/Policies • Goal 8-1: A wide Range of Parks and Recreational Facilities o Policy 8-1.1: Parks and Recreational Facility Guidelines to develop parks and recreation facilities consistent with the standards and guidelines in the General Plan and the Parks and Recreation Master Plan.
o Policy 8-1.3: Standards for New Parks and Recreation Facilities to acquire and develop new park lands and recreational facilities consistent with City standards.

Parks and Recreation Element of the General Plan Implementation Actions • Implementation 8-1.3.C: Land banking to consider purchasing land or accepting land dedication suitable for future park and recreational uses when the land becomes available (“land banking”), even if there are insufficient funds to develop and maintain facilities at the time.

Analysis: The purchase of the Property would provide parkland at Fremont Boulevard and St. Leonards Way, immediately adjacent to the East-West Hetch Hetchy corridor and within a 10-minute walk for at least 3,519 residents. Purchase of this land also banks and avails it to the long-term planning and development of a park, including potential grants for parkland development.

Parks and Recreation Master Plan (Master Plan) – Criteria for Park Site Selection:

The Parks and Recreation Master Plan’s Parkland Acquisition Manual describes fourteen criteria for site selection of parkland. The criteria are outlined below, followed by Staff analysis.

1. Physical Configuration: Parcels under consideration must be able to accommodate the proper siting of the appropriate facilities intended for those park types, along with space for support facilities, circulation, and safety zones.

Analysis: The Property’s land visually appears as a flat, natural, undeveloped space with primarily grasses, some shrubs, and small trees at the perimeter. It appears to be able to host a range of passive or active recreational improvements within the guidelines of development standards for Neighborhood Parks defined in the Master Plan. St. Leonards Way, a private asphalt road, traverses the site and connects the Fremont Boulevard frontage road to the Church parking lot, and northwest to Condon Street.

2. Topography: Parcels under consideration should have average slope gradients no greater than five percent, to provide flat, usable recreation spaces. Limited areas of greater slopes may be acceptable as natural or open space areas.

Analysis: The Property is generally flat, providing ideal topography for future recreational use and development to the City standards for Neighborhood Parks.

2.S
Packet Pg. 107
Council Staff Report (ID # 5419) Meeting of May 20, 2025 Updated: 5/16/2025 11:04 AM by Dina Lewis D Page 4

3. Encumbrances: Feasibility of parcel acquisition for recreation use must consider any encumbrances and restrictions, such as dedicated easements, power lines, and geologic hazard zones.

Analysis: The site includes no restrictions, easements, power lines, or geologic hazard zones that would preclude recreational use or park development. No power lines are situated on the site. An easement over the road and a portion of the adjacent blacktop basketball court would not preclude recreational use or park development. These easements would be incorporated into the park design.

4. Access: Pedestrian, bicycle, and vehicular access to proposed parkland must be accommodated in a safe manner.

Analysis: The site has good access from all angles from a local and citywide perspective.

Primary vehicular access to the site is from the Fremont Boulevard frontage road, connecting northeast to St. Leonards Way. The frontage is improved with sidewalk, curb, and gutter making it easily accessible and connected to pedestrian and bicycle traffic.

5. Environmental Constraints: Parcels under consideration should be evaluated for presence of hazardous materials, unsafe environmental conditions, sensitive environmental conditions, and other factors, such as wetlands, flood plains, etc. that might limit development of the parkland.

Analysis: No knowledge of use of hazardous materials or unsafe environmental condition on this site exists. A Phase I Environmental Site Assessment, provided by the Seller, has shown no hazardous materials or unsafe environmental conditions on site. As part of its due diligence, the City conducted its own Phase I Environmental Site Assessment, which concurs that no hazardous materials or unsafe environmental conditions are evident on site. Any future park development proposal will be accompanied with a detailed review of site conditions, an analysis for substances incompatible with a public park, and recommended on-site mitigations if applicable.

6. Compatibility with Surrounding Land Uses: Compatibility of the activities and functions of the proposed park with surrounding land uses must be evaluated.

Analysis: Existing land uses adjacent to the site include the following:

To the north: A 7-acre site of the Our Lady of Guadalupe School, owned by the same Owner of the subject Property, the Roman Catholic Welfare Corporation of Oakland.

To the south: Fremont Boulevard frontage road, Fremont Boulevard, residential single- family homes.

To the east: Residential single-family homes.

To the west: Residential single-family homes.

Purchase of the Property for parkland would be compatible with surrounding land uses by serving the surrounding residences with a public park.

7. Maintenance Impacts: Potential impacts on maintenance of park property due to unique physical characteristics of land, such as unusual shape or small size should be evaluated to discourage maintenance impacts disproportionate to their value to the park system.

Analysis: The size, shape, and general physical characteristics of the proposed parkland would not create maintenance impacts disproportionate to the benefit provided to the community. Maintenance of the Property would be similar to the City’s other undeveloped parkland properties.

2.S
Packet Pg. 108
Council Staff Report (ID # 5419) Meeting of May 20, 2025 Updated: 5/16/2025 11:04 AM by Dina Lewis D Page 5

8. Recreation Commission Review: Parcels under consideration must be reviewed by the Recreation Commission. The Recreation Commission will review and make recommendations on proposed parkland according to the goals, standards, and guidelines of the Parks and Recreation Master Plan, including physical, economic, and recreation considerations.

Analysis: An administrative change to this criteria is being requested and is included as Recommendation #3 with additional supporting information included in the last paragraph of this Discussion/Analysis section.

9. Capital Improvements, Operations, and Supervision Costs: Costs associated with capital improvements, operations, maintenance, and supervision requirements for proposed parks must be considered prior to acquisition and development of parkland and recreation facilities.

Analysis: There are currently no plans for capital improvement of the Property. The future development of this land could be funded with Park Facilities Development Impact fees, which are intended for this purpose. All public utilities (electric, water, storm drainage, and sanitary sewer) appear to be available to the site. The actual costs of capital improvements, operations, supervision, and maintenance would be considered at the time of design development through the City’s standard operational and capital budget processes.

10. Location: The parcels being considered for new parks should be located in “high-needs” areas of the City, as determined by the gap analysis, to ensure equitable access to park land within a 10-minute walking distance from residential neighborhoods.

Analysis: Acquisition of this Property would bring a public park to the immediately adjacent neighborhood, providing a 10-minute (or less) walk to 3,519 residents to the north, south, east, and west.

11. Current Use of the Property: Parcels should be evaluated for current use to determine cost of acquisition and development of parkland. For example, vacant parcels, underdeveloped parcels (those that are not developed up to allowable land use standards), and school sites with excess lands may be more suitable for park land use.

Analysis: As an extension and frontage to the adjacent Church property, this portion of the Property is currently undeveloped, with the exception of the church’s sign (which will be removed following purchase) and the St. Leonards Way asphalt road.

12. Minimum Parcel Size: The parcel(s) under consideration should be a minimum aggregate size of 4 acres. Park classifications established in the 2022 Parks and Recreation Master Plan will guide the appropriate parcel size to address the intended level of service, which may be less than 4 acres on a case-by-case basis.

Analysis: The 1.1 acre Property size is smaller than 4 acres, however, it may be used in conjunction with other adjacent land in the future.

13. Connectivity: Potential Park sites should have good visibility from public streets and public lands to ensure safety. They should be connected to the city-wide trail system, existing and planned bike network, and key city-wide connecting streets; connectivity to transit hubs, commercial centers, schools, places of worship, and other parks should also be taken into consideration.

Analysis: The Property has excellent visibility from public streets, as it fronts Fremont Boulevard. An existing sidewalk traverses the site along the Fremont Boulevard frontage

2.S
Packet Pg. 109
Council Staff Report (ID # 5419) Meeting of May 20, 2025 Updated: 5/16/2025 11:04 AM by Dina Lewis D Page 6
road, connecting pedestrians from Fremont Boulevard to the Property. The Property is immediately adjacent to a place of worship.

14. Ability to Leverage a Variety of Funding Sources for Acquisition: Some park sites may have a greater ability to leverage funding from grants administered by federal or state agencies or other funding.

Analysis: The acquisition of this Property as parkland would enhance the City’s ability to apply for park-related grant funding for development of the site with park facilities.

In support of the purchase, the City’s Planning Division prepared a General Plan Conformity Finding letter as required by Government Code 65402 and attached as Exhibit 2.

In March 2025, the City and Owner entered into a Letter of Intent (LOI) for the purchase and sale of the Property, outlining agreed upon terms, subject to a formal Purchase and Sale Agreement.

Administrative Change to the Parks and Recreation Master Plan Appendix I: Land Acquisition Manual, Section 4.h, Recreation Commission Review: Section 4 of the Parks and Recreation Master Plan’s Parkland Acquisition Manual describes fourteen “Criteria for Site Selection” of parkland. Section 4.h, Recreation Commission Review, states that “Parcels under consideration must be reviewed and recommended by the Recreation Commission.” Over the last few years since the adoption of the Master Plan, staff have worked diligently to pursue parkland acquisition. However, Staff has found that real estate transactions move very quickly and are in the City’s best interest to negotiate confidentially at the Council level. For these reasons, a requirement for review by the Recreation Commission is not always compatible. A change in the language to “Parcels under consideration may be reviewed and recommended by the Recreation Commission” would allow for Recreation Commission review of potential parkland properties when time and circumstances allow, but would expedite City Council consideration when time is of the essence.

FISCAL IMPACT: Funds for the acquisition of the Property are available in Fund 542, the Parkland Acquisition Impact Fee Fund (Fund 542). A 20% contingency of $160,000 in addition to the purchase price would cover title, appraisal, environmental review, taxes, City staff time, and other fees. Staff recommends that the City Council appropriate $960,000 in Fund 542 to the Parkland Acquisition Project (PWC8311-542).

ENVIRONMENTAL REVIEW: The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) per, without limitation, pursuant to CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning. The General Plan designation of Low Density Residential and zoning of R-1-6 supports public uses such as parks and the project is consistent with the vision established in the existing zoning and general plan for which an EIR was certified.

On a separate and independent basis, the proposed acquisition does not consider immediate park development nor are any park development plans currently contemplated, and any future development is too speculative at this time for reasoned analysis. Any future park uses would be subject to environmental review when the plans are available, therefore the project is exempt from CEQA per CEQA Guidelines Section 15004, Time of Preparation.

Lastly, per CEQA Guidelines Section 15061(b)(3), the activity to acquire the Property is

2.S
Packet Pg. 110
Council Staff Report (ID # 5419) Meeting of May 20, 2025 Updated: 5/16/2025 11:04 AM by Dina Lewis D Page 7
covered by the “common sense exemption” in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This action is also exempt from the California Environmental Quality Act under CEQA Guidelines Section 15378, not a project.

ATTACHMENTS:
• Draft Resolution- Purchase of land
• Exhibit 1 Aerial Saint Leonards Way
• Exhibit 2 - General Plan Conformity Letter from Planning • Exhibit 3 Assessors Map

RECOMMENDATIONS:

1. Adopt a resolution authorizing the City Manager, or designee, to execute a Purchase and Sale Agreement for the property, APN 525-802-33-3, at St. Leonards Way and Fremont Boulevard, and all other documents necessary to complete the acquisition of the Property.

2. Find that the Property, and its purchase, is in conformity with the City’s General Plan and also meets the criteria set forth in the Parks and Recreation Master Plan, Parkland Acquisition Manual of the City of Fremont.

3. Appropriate $960,000 in Fund 542 to the Parkland Acquisition Project (PWC8311-542).

4. Amend the Parks and Recreation Master Plan Appendix I, Land Acquisition Manual, Section 4.h, Recreation Commission Review, to state, “Parcels under consideration may be reviewed and recommended by the Recreation Commission.”

5. Find that the purchase of the Property is categorically exempt from the California Environmental Quality Act (CEQA), without limitation, pursuant to CEQA Guidelines Section 15183 (General Plan and Zoning Consistency), CEQA Guidelines Section 15004 (Time of Preparation), CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption); and CEQA Guidelines Section 15378 (Not a Project).

2.S
Packet Pg. 111

Resolution 2025-XX Page 1 of 3

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE

AND SALE AGREEMENT FOR THE PURCHASE OF PROPERTY
WHEREAS, in 2022, the City of Fremont completed a comprehensive Parks and Recreation Master Plan including a Parkland Acquisition Manual (Manual) that described key attributes and necessities to meet the needs of the residents, including park size, 10-minute walk to park access for all, connection to trails, and equity areas; and WHEREAS, the unaddressed parcel at Fremont Blvd. and St. Leonard’s Way, APN 525-802-33-3 (“Property”) was identified as a high priority target site for a future potential park as the location could provide 3,519 residents new access to a park within a 10-minute walking distance from their homes and the Property is adjacent to the SFPUC property that could potentially provide complementary park and trail use through a possible future partnership with SFPUC; and
WHEREAS, the Property has a General Plan Land Use designation of Low Density Residential (2.3 - 8.7 dwelling units per net acre) and other compatible uses such as schools, childcare centers, parks, and religious facilities; and WHEREAS, California Government Code Section 65402 requires the planning agency to render a report as to whether the property to be purchased by the local agency is in conformity with the adopted general plan; and
WHEREAS, the Property is currently owned by the Roman Catholic Welfare Corporation of Oakland (“Owner”); and
WHEREAS, in February 2025, the Owner’s representative confirmed that the Property was available and that the Owner would like to enter into negotiations for a sale to the City.

NOW, THEREFORE, based on the information set forth in the report to City Council dated May 20, 2025, as well as any information submitted to the City Council during the meeting, or considered by the City Council during its deliberations on this matter, the City Council of the City of Fremont hereby resolves as follows:

SECTION 1. The City Council finds that the purchase of the Property is categorically exempt from the California Environmental Quality Act (CEQA), without limitation, pursuant to CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning. The General Plan designation of Low Density Residential and zoning of R-1-6 supports public uses such as parks and the project is consistent with the vision established in the existing zoning and general plan for which an EIR was certified.

2.S.a
Packet Pg. 112
Attachment: Draft Resolution- Purchase of land (5419 : ACQUISITION OF LAND AND ADMINISTRATIVE CHANGE TO LAND ACQUISITION

Resolution 2025-XX Page 2 of 3

On a separate and independent basis, the proposed acquisition does not consider immediate park development nor are any park development plans currently contemplated, and any future development is too speculative at this time for reasoned analysis. Any future park uses would be subject to environmental review when the plans are available, therefore the project is exempt from CEQA per CEQA Guidelines Section 15004, Time of Preparation. Lastly, per CEQA Guidelines Section 15061(b)(3), the activity to acquire the Property is covered by the “common sense exemption” in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This action is also exempt from the California Environmental Quality Act under CEQA Guidelines Section 15378, not a project.

SECTION 2. The City Council finds that in accordance with California Government Code Section 65402, the Property is in conformity with the General Plan of the City of Fremont.

SECTION 3. The City Council finds that the Property meets the criteria set forth in the Parks and Recreation Master Plan, Parkland Acquisition Manual of the City of Fremont for parkland.

SECTION 4. The City Council authorizes the City Manager or designee to execute a Purchase and Sale Agreement for the Property, APN 525-802-33-3, at St. Leonards Way and Fremont Boulevard, in the amount of $800,000 and all other documents necessary to complete the acquisition of the Property, in form approved by the City Attorney.

ADOPTED ____________, 2025, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST:

APPROVED AS TO FORM:

2.S.a
Packet Pg. 113
Attachment: Draft Resolution- Purchase of land (5419 : ACQUISITION OF LAND AND ADMINISTRATIVE CHANGE TO LAND ACQUISITION

Resolution 2025-XX Page 3 of 3

__________________________________
City Clerk

_________________________________
City Attorney

2.S.a
Packet Pg. 114
Attachment: Draft Resolution- Purchase of land (5419 : ACQUISITION OF LAND AND ADMINISTRATIVE CHANGE TO LAND ACQUISITION

2.S.b
Packet Pg. 115
Attachment: Exhibit 1 Aerial Saint Leonards Way (5419 : ACQUISITION OF LAND AND ADMINISTRATIVE CHANGE TO LAND ACQUISITION MANUAL OF THE PARKS AND RECREATION)

C o m m u nit y Devel o p me nt De p art me nt
3 9 5 5 0 Li b ert y Str eet | P. O. B o x 5 0 0 6, Fr e m o nt, C A 9 4 5 3 7 -5 0 0 6 w w w.fr e m o nt. g o v
B uil di n g I ns pe cti o n
5 1 0 4 9 4 -4 4 0 0 p h
B uil di n g P er mits
5 1 0 4 9 4 -4 4 6 0 p h
C o d e E nf orc e me nt
5 1 0 4 9 4 -4 4 3 0 p h
H o usi n g
5 1 0 4 9 4 -4 5 0 0 p h
Pl a n ni n g
5 1 0 4 9 4 -4 4 4 0 p h

A pril 4, 2 0 2 5

I a n C h a m p e n y
Cit y of Fr e m o nt, R e al Pr o p ert y
3 9 5 5 0 Li b ert y Str e et
Fr e m o nt C A 9 4 5 3 8

S u bj e ct: G e n er al Pl a n C o nf or mit y Fi n di n g – S ai nt L e o n ar d s W ay S ur pl u s Pr o p ert y ( P L N 2 0 2 5 -0 0 1 8 4)

D e ar I a n,

T h e Cit y of Fr e m o nt C o m m u nit y D e v el o p m e nt D e p art m e nt h a s r e c eiv e d y o ur r e q u e st f or a G e n er al Pl a n C o nf or mit y Fi n di n g r e g ar di n g a n u n a d dr e s s e d p ar c el l o c at e d at S ai nt L e o n ar d s W ay a n d Fr e m o nt B o ul e v ar d ( Al a m e d a C o u nt y A s s e s s or P ar c el N u m b er 5 2 5 -8 0 2 -3 3 -3). T h e pr o p ert y i s a n irr e g ul ar s a wt o ot h -s h a p e l ot a p pr oxi m at ely 1. 1 0 -a cr e i n siz e a n d i s l ar g el y u n d e v el o p e d a p art fr o m S ai nt L e o n ar d s W ay, a p av e d r o a d t h at c o n n e ct s t h e a dj a c e nt r eli gi o u s f a cilit y t o Fr e m o nt B o ul e v ar d a n d p a s s e s t hr o u g h t h e s u bj e ct pr o p ert y .

A s r e q u e st e d, i n a c c or d a n c e wit h C alif or ni a G o v er n m e nt C o d e S e cti o n 6 5 4 0 2, t h e Cit y i s h er ei n r e p orti n g o n t h e l o c ati o n, p ur p o s e, a n d ext e nt of di s p o siti o n of pr o p ert y a s t o c o nf or mit y wit h t h e a d o pt e d g e n er al pl a n i n or d er t o a c c o m p a n y t h e pr o s p e cti v e p ur c h a s e of t h e pr o p ert y . A s s p e cifi e d i n Fr e m o nt M u ni ci p al C o d e S e cti o n 2. 2 0. 3 1 0( b), f or t h e p ur p o s e of c o nf or mit y fi n di n g s, t h e f u n cti o n s of t h e Pl a n ni n g A g e n c y of t h e Cit y m a y b e p erf or m e d b y t h e Pl a n ni n g M a n a g er. T hi s a cti o n i s e x e m pt fr o m t h e C alif or ni a E n vir o n m e nt al Q u alit y A ct ( C E Q A) u n d er C E Q A G ui d eli n e 1 5 3 7 8, n ot a pr oj e ct.

T h e s u bj e ct pr o p ert y h a s a G e n er al Pl a n L a n d U s e d e si g n ati o n of L o w D e n sit y R e si d e nti al ( 2. 3 - 8. 7 d w elli n g u nit s p er n et a cr e). P er t h e Fr e m o nt G e n er al Pl a n L a n d U s e El e m e nt, t h e L o w D e n sit y R e si d e nti al d e si g n ati o n c orr e s p o n d s t o m o st of Fr e m o nt’ s si n gl e -f a mily r e si d e nti al n ei g h b or h o o d s a s w ell a s ot h er c o m p ati bl e u s e s, s u c h a s s c h o ol s, c hil d c ar e c e nt er s, p ar k s, a n d r eli gi o u s f a ciliti e s. T h e a ut h orit y t o e st a bli s h d e v el o p m e nt st a n d ar d s a n d all o w a bl e u s e s f or t h e L o w D e n sit y R e si d e nti al G e n er al Pl a n l a n d u s e d e si g n ati o n i s a ut h oriz e d b y t h e G e n er al Pl a n a n d f o u n d wi t hi n Fr e m o nt M u ni ci p al C o d e S e cti o n 1 8. 9 0.

T h e Pl a n ni n g A g e n cy of t h e Cit y of Fr e m o nt fi n d s t h at t h e e xi sti n g sit e a n d di s p o siti o n of t h e S ai nt L e o n ar d s W ay Pr o p ert y ar e i n c o nf or m a n c e wit h t h e Cit y of Fr e m o nt’ s G e n er al Pl a n.

Si n c er ely,

J o el E. P ull e n AI C P
P l a n ni n g M a n a g er
C o m m u nit y D e v el o p m e nt D e p art m e nt

E n cl o s ur e : Att a c h m e nt 1 – Pr o p ert y L o c ati o n D o c u si g n E n v el o p e I D: 0 2 3 5 8 8 3 0- 8 9 4 4- 4 B F F- B 0 2 A- B 5 2 0 D 5 2 5 3 5 2 5 E X HI BI T 2

2.S.c
Packet Pg. 116
Attachment: Exhibit 2 - General Plan Conformity Letter from Planning (5419 : ACQUISITION OF LAND AND ADMINISTRATIVE CHANGE TO

2.S.d
Packet Pg. 117
Attachment: Exhibit 3 Assessors Map (5419 : ACQUISITION OF LAND AND ADMINISTRATIVE CHANGE TO LAND ACQUISITION MANUAL OF Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5451) DOC ID: 5451 A
Updated: 5/15/2025 3:19 PM by Dina Lewis A Page 1

APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER - Consider Art Review Board and Parks and Recreation Commission Recommendations for Public Artwork at the Proposed Central Park Community Center; Authorize the City Manager or Her Designee to Execute Art Contracts for Amounts Not to Exceed $464,000; and Find that No Further Environmental Review Is Required Pursuant to pursuant to CEQA Guidelines Section 15183
Contact Persons:

Name: Tara Bhuthimethee Kim Beranek
Title: Parks Planning and Design Manager Community Services Director Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4738 510-494-4330
E-Mail: [email protected] [email protected]

Executive Summary: Staff is recommending that City Council approve two proposed permanent public art proposals for the new Central Park Community Center (CPCC) and two backup proposals. One of the proposals is for an indoor suspended glass and light sculpture, titled “Dappled Space,” by artist Michele Gutlove. A second proposal by Yelena Filipchuk and Serge Beaulieu (aka HYBYCOZO), for an outdoor lighted sculpture, is also recommended for award. Staff recommends that City Council authorize staff to execute contracts for an amount not-to-exceed $324,000 for public art for Phase 1 of the CPCC, and additional not-to-exceed $140,000 in contracts if Phase 2 of the CPCC is also awarded, for a total not-to-exceed amount of $464,000.

Design of the new Central Park Community Center is currently underway and is projected to go into construction in early 2026 and open in mid to late 2027. In accordance with the Art in Public Places Program Policy, one percent of the project’s engineer’s estimate ($330,000 for Phase 1 and $140,000 for Phase 2, for a total of $470,000) was set aside for public art.

Funding for public art was previously appropriated with the original CPCC project, and an amount of up to $470,000 was reallocated on February 11, 2025 for public art. After a nationwide call for artists, proposed public art was unanimously recommended by both the Art Review Board and the Recreation Commission for Council consideration.

BACKGROUND: The City of Fremont has in place a public art policy of which its mission is “To promote community access to art, integrate it into daily life and create community interest that will enrich the economic vitality and cultural vibrancy of the City, creating a unique identity for Fremont.” To that end, the Art Review Board serves as the advising body to select art and artists for recommendation to the Recreation Commission to be recommended to the City Council.

Art in Public Places Program Policy: The Art in Public Places Program Policy (Policy), which was last adopted by City Council in 2016, gives guidance and provides procedures for funding, selecting, and locating public artwork within the City. The Policy requires that one

5.A
Packet Pg. 118
Council Staff Report (ID # 5451) Meeting of May 20, 2025 Updated: 5/15/2025 3:19 PM by Dina Lewis A Page 2
percent (1%) of funds from the estimated construction cost of new public buildings and park projects with an estimate of $1M or more be used for public art.

The Policy also sets the procedure for selecting public artwork, requiring the Review Board to provide at least two options to the approval body unless selection of a single piece of artwork is appropriate due to its distinguished nature or other specific circumstances. In accordance with the Policy, the Art Review Board recommended two art proposals for award, and two backup art proposals for Recreation Commission consideration, who in turn provided their recommendation to City Council.

Central Park Community Center Project: On July 9, 2024, the City Council approved an initial construction phase of the Central Park Community Center, at the corner of Paseo Padre Parkway and Stevenson Boulevard, based on the secured funding for Phase 1.

Phase 1 of the CPCC is slated to be an approximately 12,000sf building with a large, welcoming lobby, staff spaces, and rooms for exercise/dance, enrichment, arts and crafts, and a conference room. Outdoor improvements include an outdoor patio extension of the exercise rooms, patios at the enrichment and arts and crafts rooms, an entry plaza, outdoor living room, connecting pathways, a new circle drive, and an expansion of the existing parking lot adjacent to the Teen Center. As Phase 1 has been estimated at $33M, the 1% art allocation per the Policy is $330,000.

Phase 2, which has not yet been funded, consists of a 9,400sf addition to the Phase 1 project, including a 400-person Event Hall, commercial kitchen, event terrace, and ceremonial lawn. Phase 2 has been estimated to be an additional $14M. If Phase 2 is awarded, an additional $140,000 will be available for public art, for a total of $470,000.

On February 11, 2025, the City Council approved the reallocation of up to $470,000, or 1% of the Engineer’s estimate of the construction cost of the Central Park Community Center, to Public Art.

Artwork Selection Process: On December 18, 2024, the Art Review Board provided direction on a Draft Call for Artists for new public art at the Central Park Community Center. A two-phase selection process and a schedule were recommended to get artist(s) on board for integration with the Community Center design team during the Construction Documentation phase of the project. Multiple areas in and around the CPCC building were identified for potential artwork, allowing for outdoor sculpture, indoor suspended sculpture, and interior or exterior wall art (See Exhibit 5). No theme was identified.

A Call for Artists was published on January 6,2025 using the CaFÉ system (an online national call for artists application tool) and remained open until January 31, 2025.

On February 19, 2025, the Art Review Board reviewed 244 artist applications and recommended fourteen artists to receive a $500 stipend, per the Policy, to develop proposals within four identified Art Types including “Indoor Suspended Sculpture,” “Wall Art (indoor or outdoor),” “Outdoor Sculpture,” and “Other.” The stipends were paid from the overall project art budget.

The artists met virtually with the design team on March 6, 2025 to learn more about the process, the project, and to ask questions about the building and site. Proposals were submitted by April 4, 2025.

5.A
Packet Pg. 119
Council Staff Report (ID # 5451) Meeting of May 20, 2025 Updated: 5/15/2025 3:19 PM by Dina Lewis A Page 3
On April 16, 2025, the Art Review Board reviewed proposals received from twelve artists.

After lengthy discussion weighing the merits of the different proposals, five artists were selected to be interviewed.

DISCUSSION/ANALYSIS: On April 30, 2025, at a Special Meeting of the Art Review Board, the Board interviewed Virginia Kistler, Michael Szivos of SOFTlab, Talley Fisher, Yelena Filipchuk and Serge Beaulieu of HYBYCOZO, and Michele Gutlove. The interviews included a five-minute presentation, followed by ten minutes of question and answer.

Staff’s review of the art proposals included input from multiple departments, including Community Services, Public Works, Maintenance, and Information Technology Services (ITS). ITS was consulted due to the technology involved in the Szivos/SOFTlab proposal (which was selected as a backup/Phase 2 for the Outdoor Sculpture). The Maintenance Department expressed concern regarding indoor suspended art due to the obstruction of interior lighting and ceiling access, and the required maintenance of the art which extends beyond standard building maintenance. However, proposals for larger suspended art with fewer parts/pieces were favored over suspended art with many small parts dispersed across the ceiling.

In a unanimous vote, the Art Review Board recommended the following:

In the category of “Indoor Suspended Sculpture,” a commission be awarded to Michele Gutlove for her proposal, “Dappled Space,” a series of glass sculpture suspended from the lobby ceiling, along the walls. The Board praised the proposal’s inviting ethereal qualities and durability and longevity of materials. See Exhibit 1.

If a contract agreement cannot be reached with the first-choice artist for suspended sculpture, an alternative proposal was recommended in Talley Fisher’s proposal of multicolored perforated metal, “Suspended Sculpture Concept 1,” inspired by California’s Coast Live Oak trees. See Exhibit 2.

The Art Review Board also recommended that in the category of “Outdoor Sculpture,” HYBYCOZO’s “Proposal A,” be awarded a commission. Proposal A consists of a group of three shiny, perforated metal seed pod forms located at the entry plaza which would welcome visitors dropped off from the vehicular circle. The Board enjoyed the light play of the sculptures and the novel, immersive experience the piece will offer to the community.

See Exhibit 3.

If a contract agreement cannot be reached with the first-choice Outdoor Sculpture artist, the Board recommends that Michael Szivos/SOFTlab be awarded for a re-worked “Clockwork” proposal. The Board requested that if he is awarded, the piece be designed to be outdoors, similar to some of the pieces he shared during his interview. See Exhibit 4.

If Phase 2 of the CPCC is awarded and up to an additional $140,000 becomes available for art, the Board recommends that Michael Szivos/SOFTlab be awarded for a redesigned outdoor proposal. However, if no agreement can be reached, the Board recommends that the Phase 2 art balance be awarded to HYBYCOZO for additional art within the Outdoor Living Room or other area.

5.A
Packet Pg. 120
Council Staff Report (ID # 5451) Meeting of May 20, 2025 Updated: 5/15/2025 3:19 PM by Dina Lewis A Page 4
On May 7, 2025, the Recreation Commission asked several questions regarding the maintenance of the first-choice suspended art by Michele Gutlove, who recommended that her art be maintained annually or every two years to remove dust (likely to allow light to pass through the glass and produce the full artistic effect of the dichroic glass). Due to the complicated nature of maintaining the art, and the maintenance of the art being tantamount to its effectiveness, the Recreation Commission requested that funds be identified to maintain the art.

The Recreation Commission then voted unanimously to recommend the first and second choice artists as described above, with an additional recommendation to allocate annual maintenance funding from the Public Art fund (PWC8686) for the first choice indoor suspended art piece.

Public Art Schedule: The following is an approximate schedule of the steps until artists’ integration into the design team:

May 20 City Council review and award of contracts to selected artists May-June Negotiations and contract execution
June/July Integration into CPCC design team

This schedule allows for the artists to be selected and brought on board the project team during the construction documentation stage of the site and building design. Getting the artists on board at this time will ensure better coordination and integration into the project and an overall cost savings in art installation and for the project overall.

FISCAL IMPACT: The public art funding for this project in the amount of up to $470,000 is included in the funds previously appropriated to the Central Park Community Center (PWC9087) and was reallocated to the project’s public art by City Council on February 11, 2025. During the art selection process, a $500 stipend was paid to twelve artists from the project’s art budget, totaling $6,000.

If only Phase 1 is funded, the total allocated amount for public art is $330,000, or 1% of $33M Engineer’s estimate. The total amount available for contracts would be $324,000 ($330,000 - $6,000). If Phase 2 of the CPCC is funded at an estimated $47M, an additional $140,000 would be available for public art, for a total of $470,000. However, since $6,000 was spent toward the development of the proposals, a total of $464,000 would be remaining for award.

Annual maintenance for the indoor suspended art will be paid for through public art fees out of the Public Art fund (PWC8686).

ENVIRONMENTAL REVIEW: Pursuant to CEQA Guidelines Sections 15183, projects that are consistent with the development intensity established by existing zoning, specific plan or general plan policies for which an EIR was certified do not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This provides a streamlined review of such projects and reduces the need to prepare repetitive environmental studies.

An Environmental Compliance Checklist (Exhibit “A” from the 2/11/2025 staff report) was prepared for the proposed Central Park Community Center project which demonstrates that

5.A
Packet Pg. 121
Council Staff Report (ID # 5451) Meeting of May 20, 2025 Updated: 5/15/2025 3:19 PM by Dina Lewis A Page 5
the project qualifies for review under CEQA Guidelines Sections 15183 and does not need additional environmental review since the General Plan EIR (State Clearinghouse No. 2010082060) adequately addressed the project’s potential environmental effects.

On February 11, 2025, City Council made a finding that no further environmental review is required for the CPCC pursuant to Section 15183 of the California Environmental Quality Act (CEQA) Guidelines as the project would not result in new or substantially more severe significant environmental effects than what was analyzed in the General Plan Environmental Impact Report (EIR) (State Clearinghouse No. 2010082060) previously prepared and certified, as analyzed in the Environmental Compliance Checklist shown in Exhibit “A” of the February 11, 2025 staff report for the Central Park Community Center.

ATTACHMENTS:
• Exhibit_1_Michelle Gutlove - Dappled
• Exhibit_2_Talley Fisher
• Exhibit_3_HYBYCOZO
• Exhibit_4_Michael Szivos_Clockwork
• Exhibit_5_CENTRAL PARK COMMUNITY CENTER PUBLIC ART

RECOMMENDATIONS:

1. Approve the first choice artist, Michele Gutlove, and second choice artist, Talley Fisher, for the indoor suspended sculpture art piece; and first choice artist, HYBYCOZO, and second choice artist, Michael Szivos/SOFTlab, for the outdoor sculpture at the Central Park Community Center; and authorize staff to use available funds in the Public Art fund (PWC8686) toward the annual maintenance of the first choice indoor suspended art piece.

2. Authorize the City Manager, or designee, to execute art contracts with the first choice artists, Michele Gutlove and HYBYCOZO, in amounts not-to-exceed $324,000.

3. Should the City be unsuccessful in negotiating a contract with the first-choice artist, authorize the City Manager, or designee, to execute an art contract with the second choice artist, Talley Fisher and/or Michael Szivos/SOFTlab in amounts not-to-exceed $324,000.

4. Should Phase 2 of the CPCC be funded, authorize the City Manager, or designee, to award Michael Szivos/SOFTlab or HYBYCOZO a contract not-to-exceed an additional $140,000, for total art contracts not-to-exceed $464,000.

5. Find that no further environmental review is required pursuant to Section 15183 of the California Environmental Quality Act (CEQA) Guidelines as the project would not result in new or substantially more severe significant environmental effects than what was analyzed in the General Plan Environmental Impact Report (EIR) (State Clearinghouse No. 2010082060) previously prepared and certified, as analyzed in the Environmental Compliance Checklist shown in Exhibit “A” of the February 11, 2025 staff report for the Central Park Community Center, and a finding that this action reflects the independent judgment of the City.

5.A
Packet Pg. 122
Art Proposal “Dappled Space” Central Park Community Center, Fremont, California Dappled Space (proposal detail)
Dappled Space
Visualize a walk through the woods,
sunlight streaking through native trees
Celebrating this beautiful place,
bodies and minds thrive.

To view a very short video of proposed art, go to:
vimeo.com/1070910838
Michele R Gutlove www.studiogh.com
Design Studio GH, LLC Page of 1 10

5.A.a
Packet Pg. 123
Attachment: Exhibit_1_Michelle Gutlove - Dappled (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK Art Proposal “Dappled Space” Central Park Community Center, Fremont, California Dappled Space
The art for Fremont’s new Central Park Community Center should inspire awe, curiosity, and respect for the regional beauty. Walking through sunlit illuminated forests surrounded by woodland life is among the most beautiful and inspirational experiences in life. I want to recreate that illuminated sensation in the lobby space.

The woods—mysterious, complex and beautiful in its infinite variety—has been an inexhaustible source of inspiration for my work. It's ceaseless play of light and color, staggering variety of life forms, and subtle changes throughout the seasons are sources of endless wonder.

Suspended glass would seemingly paint the ceiling, walls, and floor with optical reflections, refractions, and shadows. The building will announce its presence subtly in daylight and more overtly in the evening and at night.

Full Bloom (detail) at the Welcome Center in Ennis, Texas Michele R Gutlove www.studiogh.com
Design Studio GH, LLC Page of 2 10

5.A.a
Packet Pg. 124
Attachment: Exhibit_1_Michelle Gutlove - Dappled (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK Art Proposal “Dappled Space” Central Park Community Center, Fremont, California About the Glass
Glowing orange shifts to a deep red as I lower the temperature.  Color and form coalesce.

Cooled to an amorphous solid, it will hold its new shape for thousands of years but always appear as a liquid. Like our planet, each piece of glass comes from a process of immense transformative heat followed by cooling.  Fusing, or kiln forming, allows me a deliberate and intricate layering of textures with a full spectrum palette as opaque as obsidian or as transparent as water. Humans have been fusing glass for over four thousand years! Glass is actually humanity’s first synthetic material.

A combination of art and science, fused glass is
the ideal material for an art installation in setting focused on imagination and healing.

Typically, the colors that I use change as they are viewed from different angles and in different lighting conditions. Bubbles trapped in the glass create glistening reflectors. But also, I use dichroic glass, which has the seemingly magical property of reflecting and transmitting opposite colors.

Traditionally, the three main methods of creating art glass are referred to as cold, hot and warm glass. Stained glass is formed from pieces of cold glass which are cut and assembled with strips of metal caning. Blown glass is usually formed from molten glass, which is manipulated as it cools and becomes more viscous. It is often called “hot glass” and is heated to temperatures above 2100ºF. Kiln-formed or fused glass, on the other hand, is formed from cold glass which is manipulated as it heats up and becomes less viscous. This fused glass, which is never
heated above a tepid 1700ºF, is referred to as “warm glass.” My glass art works are composed of fragments and ribbons of cut glass, which are fired multiple times. Each firing is slowly annealed over a period of hours or days, depending on the size, shape, and complexity of the piece. I often layer thousands of elements of transparent, iridescent, and/or dichroic glass and fuse them together at temperatures between 1450–1700°F until they are fully fused into a single smooth sheet. Afterwards, additional layers of glass may be “tack fused” onto the smooth sheets in an additional firing at 1300–1425°F. These tack-fused elements add texture, enhancing the diversity of
reflections when seen from different angles. In a subsequent, and much cooler, firing at temperatures between 1175–1275°F, I gently and slowly bend the glass into sculptural forms. In a vacuum chamber, mineral oxide quartz crystals are deposited directly onto the surfaces of the glass, creating unique prismatic lenses that seemingly magically transform the light.

No two pieces of glass are exactly the same. Each of the sculptural glass elements are unique in color and form, as each one is crafted individually, by hand.

Maintenance
The glass and stainless steel are durable materials, requiring minimal maintenance. About once in a year or two, interior art will need a light dusting. I will supply the facility with a lightweight telescoping duster. The LED lights will last for many decades.

Michele R Gutlove www.studiogh.com
Design Studio GH, LLC Page of 3 10

5.A.a
Packet Pg. 125
Attachment: Exhibit_1_Michelle Gutlove - Dappled (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK Art Proposal “Dappled Space” Central Park Community Center, Fremont, California Schedule
StudioGH will coordinate with the center for a mutually convenient time for the installation. The glass will be fabricated by StudioGH over a period of about 6 months. The installation will take about a week, at a mutually agreed upon time.

Budget (Interior or Exterior Art)
I personally fabricate all the glass in my studio. Consultants fabricate the stainless steel cables, connectors, and lights. I will work within the estimate of expenses below:

Optical Play at the LCCC Surbrugg Prentice Auditorium in Cheyenne, Wyoming Glass Fabrication 1 $75,640
Cables, Hardware, and lights $14,110
Crating and Shipping $4,800
Installation $33,200
Artist’s Fee (7.5%) 2 $12,450
Equipment $2,400
Legal Fees & Insurance3 $1,000
Travel $5,800
Contingency (10%) $16,600
Total Budget $166,000
1 Includes Materials, Supplies, and Overhead Expenses
2 includes design coordination and construction documents 3 Design Studio carries insurance for large public art installations.

Michele R Gutlove www.studiogh.com
Design Studio GH, LLC Page of 4 10

5.A.a
Packet Pg. 126
Attachment: Exhibit_1_Michelle Gutlove - Dappled (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK Art Proposal “Dappled Space” Central Park Community Center, Fremont, California Hand-made glass with optical caustics and thin film interference Michele R Gutlove www.studiogh.com
Design Studio GH, LLC Page of 5 10

5.A.a
Packet Pg. 127
Attachment: Exhibit_1_Michelle Gutlove - Dappled (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK Art Proposal “Dappled Space” Central Park Community Center, Fremont, California Studio GH installations (Emergence, Cedar Rapids, IO above, Intertwined, Columbus, OH below) Michele R Gutlove www.studiogh.com
Design Studio GH, LLC P age of 6 10

5.A.a
Packet Pg. 128
Attachment: Exhibit_1_Michelle Gutlove - Dappled (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK Art Proposal “Dappled Space” Central Park Community Center, Fremont, California Studio GH installation with leaves (Between Sea and Sky, University Place, WA) Michele R Gutlove www.studiogh.com
Design Studio GH, LLC Page of 7 10

5.A.a
Packet Pg. 129
Attachment: Exhibit_1_Michelle Gutlove - Dappled (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK Art Proposal “Dappled Space” Central Park Community Center, Fremont, California East
Michele R Gutlove www.studiogh.com
Design Studio GH, LLC Page of 8 10

5.A.a
Packet Pg. 130
Attachment: Exhibit_1_Michelle Gutlove - Dappled (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK Art Proposal “Dappled Space” Central Park Community Center, Fremont, California North
Michele R Gutlove www.studiogh.com
Design Studio GH, LLC Page of 9 10

5.A.a
Packet Pg. 131
Attachment: Exhibit_1_Michelle Gutlove - Dappled (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK Art Proposal “Dappled Space” Central Park Community Center, Fremont, California Exterior (Day & Night)
Michele R Gutlove www.studiogh.com
Design Studio GH, LLC Page of 10 10

5.A.a
Packet Pg. 132
Attachment: Exhibit_1_Michelle Gutlove - Dappled (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK

LOBBY SUSPENDED SCULPTURE CONCEPTS
Fremont Community Center
Talley Fisher ©2025
Talley Fisher Studio, LLC
www.talleyfisher.com

5.A.b
Packet Pg. 133
Attachment: Exhibit_2_Talley Fisher (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER) ©2025 Talley Fisher Studio, LLC
Fascinating moire patterns also appear where the perforated material overlaps, creating additional visual interest without obstructing the abundant natural light of the lobby. Powder coating allows for a nearly limitless color palette, with these designs rendered in both metallic earth tones and bright, playful colors.

Careful consideration was given to both designs to ensure impactful visuals from both inside and outside of the building.

Description:

Inspired by the patterns of the surrounding landscape, abstracted tree roots weave and stretch across the ceiling of the lobby, celebrating the natural beauty of the East Bay area. This immersive sculpture not only references Mission Peak and its flora, but also represents the interconnectivity and diversity of the Fremont community.

The profile and facets of Mission Peak also serve as inspiration for the second design variation, with angular elements gently rising and falling, guiding visitors through the space. The abstracted forms are open to other interpretations as well, such as brids in flight, encouraging viewers to engage with the artwork.
©2025 Talley Fisher Studio, LLC
The twisted branches of a coast live oak in California.

Vegetation runs through the snaking valleys of Mission
Peak with Fremont in the foreground.

5.A.b
Packet Pg. 134
Attachment: Exhibit_2_Talley Fisher (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER) SUSPENDED SCULPTURE CONCEPT 1

VIEW FROM ENTRY
Fremont Community Center ©2025 Talley Fisher Studio, LLC APPROXIMATE DIMENSIONS: 25' L
x 20' W x 9' H
MATERIAL: Powder coated perforated aluminum, stainless steel cable.

5.A.b
Packet Pg. 135
Attachment: Exhibit_2_Talley Fisher (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER) SUSPENDED SCULPTURE CONCEPT 1

VIEW EAST IN LOBBY
Fremont Community Center ©2025 Talley Fisher Studio, LLC APPROXIMATE DIMENSIONS: 25' L
x 20' W x 9' H
MATERIAL: Powder coated perforated aluminum, stainless steel cable.

5.A.b
Packet Pg. 136
Attachment: Exhibit_2_Talley Fisher (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER) SUSPENDED SCULPTURE CONCEPT 1

VIEW FROM INTERIOR
Fremont Community Center ©2025 Talley Fisher Studio, LLC APPROXIMATE DIMENSIONS: 25' L
x 20' W x 9' H
MATERIAL: Powder coated perforated aluminum, stainless steel cable.

5.A.b
Packet Pg. 137
Attachment: Exhibit_2_Talley Fisher (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER) ©2025 Talley Fisher Studio, LLC

SUSPENDED SCULPTURE CONCEPT - REFLECTED CEILING PLAN
Fremont Community Center
3 4
2 MD
FPNL65
SA
SA
FPNL65

ENRICHMENT
101
A6.1-2
1 LOBBY A
100
20ʼ-0”
25ʼ-0”

5.A.b
Packet Pg. 138
Attachment: Exhibit_2_Talley Fisher (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER) ©2025 Talley Fisher Studio, LLC
SUSPENDED SCULPTURE CONCEPT 1

ALTERNATE COLOR - METALLIC
Fremont Community Center

5.A.b
Packet Pg. 139
Attachment: Exhibit_2_Talley Fisher (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER) SUSPENDED SCULPTURE CONCEPT 2
Fremont Community Center
©2025 Talley Fisher Studio, LLC
APPROXIMATE DIMENSIONS: 35' L x 7' W x 10' H
MATERIAL: Powder coated perforated aluminum, stainless steel cable.

5.A.b
Packet Pg. 140
Attachment: Exhibit_2_Talley Fisher (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER) SUSPENDED SCULPTURE CONCEPT 2
Fremont Community Center
©2025 Talley Fisher Studio, LLC
APPROXIMATE DIMENSIONS: 35' L x 7' W x 10' H
MATERIAL: Powder coated perforated aluminum, stainless steel cable.

5.A.b
Packet Pg. 141
Attachment: Exhibit_2_Talley Fisher (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER)

PRODUCTION TIMELINE

DESIGN DEVELOPMENT & ENGINEERING

FILE PREPARATION AND MATERIAL ACQUISITION

FABRICATION

STUDIO MOCKUP

CRATING AND SHIPPING

INSTALLATION
TOTAL: APPROX 12 MONTHS
4 MONTHS
1 MONTH
4 MONTHS
1 MONTH
1 MONTH

1 -2 WEEKS
BUDGET ESTIMATE: $150,000
DESIGN DEVELOPMENT (detailed design, engineering, fabrication documents) $20,000.00 MATERIALS (perforated aluminum, stainless steel wire rope and hardware) $22,500.00 FABRICATION (laser cutting, rolling, powder coating, cable prep, studio labor) $25,000.00 INSTALLATION (installer labor, aerial lift) $30,000.00
TRAVEL, LODGING, PER DIEM (Artist and studio manager, possibly installer) $7,000.00 INSURANCE (Commercial General Liability, Auto, Umbrella, Workers Comp at limit required) $5,000.00
CRATING & SHIPPING $5,500.00
ARTIST'S FEE $30,000.00
CONTINGENCY $5,000.00
TOTAL: estimated based on limited information provided $150,000.00

5.A.b
Packet Pg. 142
Attachment: Exhibit_2_Talley Fisher (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER) ©2025 Talley Fisher Studio, LLC

PREVIOUS SCULPTURE EXAMPLES

5.A.b
Packet Pg. 143
Attachment: Exhibit_2_Talley Fisher (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER) ©2025 Talley Fisher Studio, LLC

PREVIOUS SCULPTURE MOCKUPS & INSTALLATIONS

5.A.b
Packet Pg. 144
Attachment: Exhibit_2_Talley Fisher (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER) Harmony, 2019

PREVIOUS SCULPTURE INSTALLATION EXAMPLE AND HARDWARE
©2025 Talley Fisher Studio, LLC

5.A.b
Packet Pg. 145
Attachment: Exhibit_2_Talley Fisher (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER) 1 HYBYCOZO

SERGE BEAULIEU
& YELENA FILIPCHUK

FREMONT PROPOSAL
4/4/2025

5.A.c
Packet Pg. 146
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
HYBYCOZO is the studio of artists Serge Beaulieu & Yelena Filipchuk.

Their work consists of larger than life sculpture with patterns that draw on inspirations from mathematics, science, and natural geometric influences. The artwork celebrate the inherent beauty of geometric form and pattern, and compose them in ways that harmonizes the experience of sculpture, light, and shadow.

They have placed permanent public artworks in Dubai, Istanbul, West Palm Beach, Las Vegas, San Francisco, Oakland, Sacramento, and most recently, the new US embassy in Ankara Turkey. Institutions such as the Smithsonian, Cincinnati museum, and the Ulrich Museum have featured or acquired their work. In 2023 they installed a large scale exhibition as part of the expansion at Crystal Bridges and in 2024 a large land based work at Sensorio in Paso Robles.

They are based in Los Angeles
Serge BeaulieuYelena Filipchuk
2 5.A.c
Packet Pg. 147
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
3ARTWORKS THAT TELL A STORY WITH GEOMETRY AND PATTERN, SHADOW AND LIGHT

5.A.c
Packet Pg. 148
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
4CIVIC INSTALLATIONS - DAY AND NIGHT

5.A.c
Packet Pg. 149
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
5PATTERNS WITH SCIENTIFIC, CULTURAL, OR SITE SPECIFIC MEANINGS

5.A.c
Packet Pg. 150
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
CONGRUENCE AT CRYSTAL BRIDGES MUSEUM OF AMERICAN, 2023

5.A.c
Packet Pg. 151
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
CONGRUENCE AT CRYSTAL BRIDGES MUSEUM OF AMERICAN, 2023

5.A.c
Packet Pg. 152
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
CONGRUENCE AT CRYSTAL BRIDGES MUSEUM OF AMERICAN, 2023

5.A.c
Packet Pg. 153
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

AURUM, SAN FRANCISCO

5.A.c
Packet Pg. 154
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

NOCTURNAL REFLECTIONS, PHOENIX DESERT BOTANICAL GARDEN, AZ

5.A.c
Packet Pg. 155
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

AXIS MUNDI, PHOENIX DESERT BOTANICAL GARDEN, AZ

5.A.c
Packet Pg. 156
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

DIMENSIONS AT SENSORIO

5.A.c
Packet Pg. 157
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

DIMENSIONS AT SENSORIO

5.A.c
Packet Pg. 158
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

DIMENSIONS AT SENSORIO

5.A.c
Packet Pg. 159
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
15PYRITE FIELD, LONDON 2022

5.A.c
Packet Pg. 160
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
16PYRITE FIELD

5.A.c
Packet Pg. 161
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
17STRATUM - STATE DEPARTMENT ART IN EMBASSIES PROGRAM, ANKARA TURKEY

5.A.c
Packet Pg. 162
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

SUNSTONES - PORTLAND, OREGON

5.A.c
Packet Pg. 163
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
BUDGET

5.A.c
Packet Pg. 164
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

FREMONT PROPOSAL A

5.A.c
Packet Pg. 165
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

FREMONT PROPOSAL A

5.A.c
Packet Pg. 166
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
SCULPTURES AT 12 FT, 9 FT, 7FT

5.A.c
Packet Pg. 167
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

FREMONT PROPOSAL A

5.A.c
Packet Pg. 168
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
MATERIALS:

LASER CUT STAINLESS STEEL

STAINLESS STEEL IS A HIGHLY

SUSTAINABLE MATERIAL WITH
100% RECYCLABILITY
⅛” INCH STAINLESS STEEL

PROVIDES STRENGTH FOR

FREESTANDING SHELL LIKE

SCULPTURES WITH DELICATE

LASER CUTTING

5.A.c
Packet Pg. 169
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

BUDGET A

BUDGET ESTIMATE A
Material and Laser Cutting 23.0% $35,650.00
Fabrication and Labor 15.0% $23,250.00
Structural engineering 5.0% $7,750.00
Foundation 10.0% $15,500.00
Lighting and electrical 3.0% $4,650.00
Studio Expenses 2.0% $3,100.00
Transportation 4.0% $6,200.00
Insurance and administrative 3.0% $4,650.00
Installation 20.0% $31,000.00
Artist fee 15.0% $23,250.00
Total $155,000

5.A.c
Packet Pg. 170
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

5.A.c
Packet Pg. 171
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

PROPOSAL B

ARTWORK

SPECIFICATIONS
- 12 FT DIAMETER
- STAINLESS STEEL WITH

POWDER COAT FINISH
- ANCHORED TO CONCRETE
- REMOVABLE ACCESS
PANEL
- INTERNAL LED LIGHTING
- ASSEMBLED ONSITE
- FOOTING TO BE DESIGNED

5.A.c
Packet Pg. 172
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

5.A.c
Packet Pg. 173
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

BUDGET B

BUDGET ESTIMATE B
Material and Laser Cutting 23.0% $28,750.00
Fabrication and Labor 15.0% $18,750.00
Structural engineering 5.0% $6,250.00
Foundation 10.0% $12,500.00
Lighting and electrical 3.0% $3,750.00
Studio Expenses 3.0% $3,750.00
Transportation 3.0% $3,750.00
Insurance and administrative 3.0% $3,750.00
Installation 20.0% $25,000.00
Artist fee 15.0% $18,750.00
Total $125,000

5.A.c
Packet Pg. 174
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

5.A.c
Packet Pg. 175
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
MATERIALS:

LASER CUT STAINLESS STEEL

STAINLESS STEEL IS A HIGHLY

SUSTAINABLE MATERIAL WITH
100% RECYCLABILITY
⅛” INCH STAINLESS STEEL

PROVIDES STRENGTH FOR

FREESTANDING SHELL LIKE

SCULPTURES WITH DELICATE

LASER CUTTING

5.A.c
Packet Pg. 176
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
FINISH:

POWDER COATING

POWDER COATING IS EXTREMELY

DURABLE AND LOW
MAINTENANCE.

VERY LONG LASTING AND CAN BE

CLEANED WITH JUST WATER ON
AN AS NEEDED BASIS.

POWDERCOATING IS

ENVIRONMENTALLY FRIENDLY AS

NO PAINT SOLVENTS OR VOCS

ARE USED TO POWDER COAT

5.A.c
Packet Pg. 177
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND
33 CV
Selected Permanent Artworks
● Crystal Bridges Museum, 2023
● Sensorio Paso Robles, 2024
● Stratum, US Embassy in Ankara, Turkey - 2022
● Encompass, CHHS Building, State of California - Sacramento - 2021 ● Beyond Meat, Los Angeles - 2022
● 100 California, San Francisco - 2019
● The Earth Laughs in Flowers - City of Oakland - 2019
● In Their Roots, All Trees Keep the Light, City of Oakland - 2019 ● Truncated Icosahedron, Maltepe Plaza, Istanbul, Turkey - 2018 ● Nour, Dubai Mall, Dubai UAE - 2018
● Deep Thought, West Palm Beach, FL - 2018
● InSpire - Las Vegas, NV - 2018
● San Francisco CA, 2024
● Emeryville, CA, 2024
Upcoming Permanent Commissions
● Mason City, IA 2025
● IQHQ, CA 2025
Selected Temporary Exhibitions
● Meijer Gardens
● General Prim - Mexico City - September 2021
● Discovery Green, Houston TX, 2021
● The Paine Art Center, Oshkosh WI- 2022
● Farol Santander - Sombres Millaneres - São Paulo Brazil - October 2021 ● Gas Company Tower, Brookfield Properties, LA - Nov 2019-February 2020 ● Oakland Museum Of California - Oct 2019-February 2020 ● Cincinnati Art Museum - May 2019 - Sept 2019
● Renwick Gallery at The Smithsonian Institute - March 2018 - January 2020 ● Bank of America Plaza, Brookfield Properties, LA - November 2018 ● iLight Marina Bay, Singapore - March 2018
● Beverly Hills Canon Gardens Los Angeles - November 2017 ● Descanso Garden, Enchanted Forest of Light, Los Angeles - 2017-2023 ● Morton Arboretum, Illumination, Chicago, IL - 2019-2021 ● Adelaide Fringe Festival, Australia - February 2016
● Patricia’s Green, San Francisco - 2016-2018
● Sharjah Islamic Arts Festival, UAE - December 2015
● The Exploratorium, San Francisco, 2014
Contact
● www.hybycozo.com
●

5.A.c
Packet Pg. 178
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

THANK YOU

5.A.c
Packet Pg. 179
Attachment: Exhibit_3_HYBYCOZO (5451 : APPROVE AND

CLOCKWORK
Interior Artwork
APRIL 4, 2025

CITY OF FREMONT

5.A.d
Packet Pg. 180
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
2 Clockwork
Concept
Our proposal is inspired by and combines the the rich cultural and natural context of Fremont. Clockwork combines Fremont’s role in the beginning of filmmaking, its cultural diversity, the local natural environment, and its contemporary role as an advanced manufacturing hub. Like the early silent films created in Fremont, Clockwork tells subtle stories through motion. By combining that motion with form, color, and reflectivity we are proposing a time based artwork that expresses multiple facets of the Central Park Community Center, its visitor, and the surroundings.

5.A.d
Packet Pg. 181
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
3 Clockwork

FILM TECHNOLOGY MULTIPLICITY NATURE
Fremont We started our proposal by looking at the unique qualities of Fremont’s history, present, community, and natural context. Our proposal combines these qualities into a singular artwork that acts as a device for members of the community and visitors to reflect on how the various qualities of Fremont come together to create a magical experience.

5.A.d
Packet Pg. 182
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
4 Clockwork

FILM TECHNOLOGY MULTIPLICITY NATURE
Before Hollywood,
Fremont was a center for
early silent film making.

An advanced manufacturing
hub with close proximity to
Silicon valley.

A strong diverse community
where 98 languages are
spoken.

Stunning parks, hiking vistas,
nature centers, and wildlife
refuge.

Fremont Our proposal combines the Fremont’s unique history in the film industry, its current advanced manufacturing industry, its diverse community, and the surrounding rich natural settings.

5.A.d
Packet Pg. 183
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
5 Clockwork
Oculus Circular oculi have been used in classical architecture to connect the natural exterior world with the interior of civic buildings. We started with a circular form to represent this connection to the natural context of Fremont. A suspended circular form will also act in contrast to the glass clad cubic volume of the main entrance lobby.

Pantheon, Rome

5.A.d
Packet Pg. 184
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
6 Clockwork
Panorama Pavilions in the round act as both landmarks from a distance in traditional English Gardens, but also act as inteiro spaces in the round that allow for panoramic views of the surrounding landscape. The pavilion in the round, is the precursor to the ubiquitous gazebo found in many garden landscapes. Gazebo is a playful combination of the word “gaze” and the latin suffix “ebo” or “I shall.” Coming together as “I shall gaze.” English Garden Pavilion, Palace of Versailles

5.A.d
Packet Pg. 185
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
7 Clockwork
un- (anterior ellipse[s] as mangled container; or where edges meet to wedge and [un]moor) - Charisse Pearlina Weston, 2024
Perspective We slanted the outer surface of the suspended ring down towards the interior of the entrance lobby. This gives the ring an orientation that faces the view of visitors as they enter the community center. The artwork now becomes a dynamic lens for visitors to see their reflections and a filter through which they can see a combination of animated light and color that represents the natural context of Fremont.

5.A.d
Packet Pg. 186
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
8 Clockwork
Lighthouse Fresnel Lens
Multiplicity We faceted the outer surface of the ring to give the plan facing visitors multiple orientations. While the overall form of the ring is intact, the numerous facets represents the multiplicity of cultures and perspectives found in Fremont. Like the articulated fresnel lens found in lighthouses, Clockwork’s faceted outer surface and lighting will act as an urban beacon within the glass clad entrance lobby of the community center.

5.A.d
Packet Pg. 187
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
9 Clockwork
Atmosphere and Time The inner ring of the suspended artwork is a colorful gradient that will be transferred to mirrored acrylic. This gradient is a composite of the mapping of the daylight color scale over time in Fremont along with the color and annual blooming cycle of the flora found in Fremont’s parks and natural settings.

5.A.d
Packet Pg. 188
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
10 Clockwork
Reflection and Mixing The faceted surface of the ring is clad in one-way mirrored acrylic so that it creates a kaleidoscopic reflection remixing images of visitors, the community center, and the context beyond the glass exterior of the entrance lobby. This unexpected remixing acts as a playful reminder that everything is connected.

Your Plural View - Olafur Eliasson, 2016

5.A.d
Packet Pg. 189
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
11 Clockwork
Dynamic Beacon The lighting we are proposing is inspired by the simple mechanism of zoetropes which are the precursor to modern film. While zoetropes were the latest technology of their time to create previously unseen moving images, we are using the latest technology and data to create time-based behavioral lighting to activate Clockwork. Between the one-way mirrored acrylic and the color indexed interior is an array of programmable LED fixtures. These LEDs are driven by the natural cycles and real-time weather data, such as wind, found in Fremont.

Zoetrope

5.A.d
Packet Pg. 190
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
12 Clockwork
Natural Color Index Our first strategy to great a color index that represents Fremont’s natural context was to map the primary colors of flora found in Fremont along with their annual blooming cycle.

Floral Index
Blooming Cycle

5.A.d
Packet Pg. 191
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
13 Clockwork
Atmospheric Color Index We also looked at the various colors of light during the day as the spectrum of sunlight is filtered through the atmosphere and reflected off of clouds and the surface of the earth.

5.A.d
Packet Pg. 192
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
14 Clockwork
Fremont Color Index We combined these color studies to create a volumetric gradient that acts as a color index of the natural environment found in Fremont.

5.A.d
Packet Pg. 193
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
15 Clockwork
Inner Ring This color index will be UV printed on to mirrored acrylic that faces the interior of Clockwork.

5.A.d
Packet Pg. 194
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
16 Clockwork
Behavioral Lighting As the LED fixtures animate with behaviors that represent real time wind data and temperature data along with daily, seasonal, and annual cycles they will highlight the color index. This composite of light, technology, and color within the form of a ring creates a contemporary oculus that expresses different scales of natural time found within Fremont.

5.A.d
Packet Pg. 195
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
17 Clockwork
Dynamic Material The one-way mirror exterior becomes transparent as it is backlit by the LEDs exposing the vivid color index on the interior surface. As the faceted panels shift between reflective and transparent, the reflections of visitors and their surroundings come in and out of focus with the time-based light and color index.

5.A.d
Packet Pg. 196
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
18 Clockwork
Proposal
Our proposal is a suspended artwork in the entrance lobby of the Central Park Community Center. Clockwork acts as a contemporary interpretation of the oculus and its connection with nature within classical civic architecture. Acting as a dynamic measure of Fremont’s atmosphere, environment, and natural context the suspended artwork also serves as a faceted lens the community of Fremont to reflect on its unique diversity. At night Clockwork acts as the lens within the cubic volume creating a beacon much like a lighthouse and guiding light.

5.A.d
Packet Pg. 197
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
19 Clockwork
Overall View

5.A.d
Packet Pg. 198
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
20 Clockwork
Plan (Approx. Artwork Weight 450 lbs)

5.A.d
Packet Pg. 199
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
21 Clockwork
Elevation

5.A.d
Packet Pg. 200
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY Exterior View

5.A.d
Packet Pg. 201
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY View through West Entrance

5.A.d
Packet Pg. 202
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY View from West Entrance

5.A.d
Packet Pg. 203
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY View towards South Entrance

5.A.d
Packet Pg. 204
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY Light Animation Sketch

5.A.d
Packet Pg. 205
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY Exterior View at Night

5.A.d
Packet Pg. 206
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
28Clockwork 28
Programmable Lighting Various behaviors can be programmed based on available real-time atmospheric data such as wind speed and direction, temperature, and air pressure. The sketch below shows a range of quick behavioral studies that we would develop further.

5.A.d
Packet Pg. 207
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
29 Clockwork
Previous work with integrated atmospheric light
These projects show examples of our work where we have integrated programmable LED arrays in to aluminum and brass tubes. The lighting animation is generative, which means it is always different and is meant to give a playful impression of atmosphere or air blowing through the spaces they inhabit. Not only does the lighting give each piece a dynamic quality, but also breathes life into static artworks.

Bluebonnet at TIAA’s new HQ in Frisco, TX
Halo at Google’s new Main Campus in Mountain View, CA Stratus for Vornado Realty in 315 Montgomery San Francisco, CA

5.A.d
Packet Pg. 208
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
30 Clockwork
Construction
Our proposal uses a modular system of construction. The ring is made up of 24 cells that are connected together. The modular system and aluminum structure makes the artwork lightweight and easy to assemble. The lighting controls and wiring are all interchangeable and would integrated into the modular structure so they are easily replaced if necessary.

5.A.d
Packet Pg. 209
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
31 Clockwork
Cellular modules Each of the 24 modules are connected to their neighbor to create the larger ring.

5.A.d
Packet Pg. 210
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
32 Clockwork
Cellular modules The aluminum frame elements and acrylic of each module are laser cut to ensure precise attachment points and quick assembly.

5.A.d
Packet Pg. 211
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
33 Clockwork
Assembly Each of the 24 modules will be pre assembled and delivered the site individually so they will fit through the various entrances. On site they will be connected and plugged into one another, then the ring will be lifted into place.

5.A.d
Packet Pg. 212
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
34 Clockwork
Budget and Schedule
The following budget, materials/maintenance, and schedule is a preliminary outline based on the concepts we have
presented. We understand that the specifics of this would change through client feedback and design development.

5.A.d
Packet Pg. 213
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
35 Clockwork
Weight, Materials, and Maintenance
Weight:

The overall weight of the artwork is 450 lbs and that weight can be distributed between 4-6 hanging points or 115 to 75 lbs per hanging point.

Material:

Structure - ⅛” Aluminum
Panels - ⅛” Acrylic with various finishes.

Lighting:

The LED fixtures will have a lifespan of 50,000 hours.

The lighting is based on a modular DMX controlled LED fixture and will be controlled by a PC housed in the artwork or a nearby utility closet.

This PC will have access to the internet and can be diagnosed remotely through a remote desktop application.

Power:

The artwork will require 1 20 amp circuit.

Maintenance:

Cleaning - Cleaning can occur on an annual basis, or only when necessary
Aluminum and Acrylic -wipe off dust with a soft cloth. If more cleaning is necessary, use a highly diluted mild soap in water and a soft towel or soft sponge to very gently clean. Rinse with a little water, then dry with another soft towel.

Avoid harsh chemicals
Damage & Replacement: If any of the acrylic panels are damaged, they can easily be replaced because of the modular nature of the construction.

A maintenance manual will also be provided with the delivery of the project.

5.A.d
Packet Pg. 214
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
36 Clockwork
Budget
Services:

Design Development $12,000
Construction Documents $16,000
Prototype $5,000
Shop Drawings $12,000
Programming $8,000
Fabrication Oversight $6,000
Production:

Aluminum Structure $30,000
One Way Mirrored Acrylic $24,000
LED Fixtures $18,000
Colored Acrylic $16,000
Various Hardware $6,000
PC, Power Supplies, and Lighting Controllers $9,000 Pre-assembly $18,000
Installation (20% of Budget):

Crating/Packing $6,000
Shipping $4,000
Equipment Rental $6,000
Installation $20,000
10% Contingency $20,600
Total: $237,600

5.A.d
Packet Pg. 215
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
37 Clockwork
Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Design Development
Construction Documents
Fabrication/Production
Prototypes
Crating/Shipping
Installation
General Schedule
Shop Drawings
Month 7 Month 8 Month 9 Month 10 Month 11 Month 12

5.A.d
Packet Pg. 216
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY City of Fremont
38Clockwork 38
Thank You
SOFTlab
soft-lab.com
Michael Szivos, Director/Founder

5.A.d
Packet Pg. 217
Attachment: Exhibit_4_Michael Szivos_Clockwork (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY SITE PLAN – PHASE 1 & 2
EXHIBIT 5

5.A.e
Packet Pg. 218
Attachment: Exhibit_5_CENTRAL PARK COMMUNITY CENTER PUBLIC ART (5451 : APPROVE AND

GYMNASIUM
(PHASE 3)

OUTDOOR

PROGRAM
AREA
STAFF
LOBBY
MEADOW

EVENT HALL

TERRACE

OUTDOOR
LIVING
ROOM

DROP OFF
DRAFT

FLOOR PLAN

COMMUNITY
CENTER
(PHASE 1)

EVENT HALL
(PHASE 2)

5.A.e
Packet Pg. 219
Attachment: Exhibit_5_CENTRAL PARK COMMUNITY CENTER PUBLIC ART (5451 : APPROVE AND breakout lobby
entry
aerial view

5.A.e
Packet Pg. 220
Attachment: Exhibit_5_CENTRAL PARK COMMUNITY CENTER PUBLIC ART (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR I
U
E
I
H
U
9 A S . O
A
FRANCN
4080
H
I
N
S
L 1 1
A L
E
CR

NDEN VA
,NING

C R A E
TCEIT
SC
S
N
N

G R O U P
7 S
5 0 6
C
0718
2 P
R
A
O
9 0
A
E U
C
+
E R
4 SHEET TITLE AND NO.

ISSUE DATE
PROJECT:

CA REG.

Project Arch. ----
----
23603-01

SCHEMATIC DESIGN SET

CENTRAL PARK

FREMONT
CA 94538

FREMONT

CENTRAL PARK

COMMUNITY
CENTER

CITY OF FREMONT
39550 LIBERTY ST
FREMONT, CA 94538
8/28/2024
A10.1-2

EXTERIOR

RENDERS
VIEW OF EVENT HALL TERRACE - PHASE 2VIEW SHOWING PHASE 2 AND SECOND ENTRY

VIEW FROM BACK OF OUTDOOR LIVING ROOM VIEW OF ENTRY FROM TRAFFIC CIRCLE Exhibit D

5.A.e
Packet Pg. 221
Attachment: Exhibit_5_CENTRAL PARK COMMUNITY CENTER PUBLIC ART (5451 : APPROVE AND AWARD PUBLIC ART CONTRACTS FOR CENTRAL PARK COMMUNITY CENTER)

GYMNASIUM
(PHASE 2)

COMMUNITY
CENTER
(PHASE 1)

OUTDOOR

PROGRAM
AREA
STAFF
LOBBY
MEADOW

EVENT HALL

TERRACE

DROP OFF
DRAFT

POTENTIAL PUBLIC ART OPPORTUNITIES
outdoor
sculpture
decorative paving, shade
elements, light features,
custom furniture,
sustainability features
wall
art
wall art
bollards
suspended
sculpture
PHASE 1
PHASE 2

5.A.e
Packet Pg. 222
Attachment: Exhibit_5_CENTRAL PARK COMMUNITY CENTER PUBLIC ART (5451 : APPROVE AND Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Fees & Rates

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5421) DOC ID: 5421 B
Updated: 5/16/2025 11:25 AM by Dina Lewis B Page 1
AMENDMENT TO THE CITY OF FREMONT MASTER FEE SCHEDULE - Public Hearing (Published Notice) to Consider Adopting a Resolution Amending the City of Fremont Master Fee Schedule to Update Human Services Department Fees Contact Persons:

Name: Levon Gibson Arquimides Caldera
Title: Family Services Administrator Human Services Director Div/Dept: Human Services Department Human Services Department Phone: (510) 574-2062 510-574-2056
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this item is to recommend the City Council amend the City of Fremont Master Fee schedule for Human Service as follows:

1. Update room rental fees for Age Well Centers at Lake Elizabeth and South Fremont in Section V.B.2 (Facility Rental Schedules, SPECIAL CONDITIONS);

2. Add room rental fees for Wing C of the Age Well Center at Lake Elizabeth; and

3. Add annual fee increases statement not to exceed CPI-U, San Francisco Bay Area in Section V.B.2 (Age Well Centers Facility Rental Schedule, SPECIAL CONDITIONS) and Section V.F.2 (Fremont Resource Center Facility Rental Schedule, SPECIAL CONDITIONS).

BACKGROUND:

On November 11, 2021, the City Council adopted Resolution No. 2021-72, updating the Master Fee Schedule for user and room rental fees for the Human Services Department, Aging and Family Services Division’s Age Well Centers. Since that time, room rental fees have not been adjusted, despite the City’s rising operational costs. To ensure financial sustainability and continued high-quality service delivery, it is necessary to establish a consistent and equitable mechanism for periodic fee adjustments. Comparable City rental facilities (i.e. community centers) already have such a mechanism in place. Additionally, the Age Well Center at Lake Elizabeth recently converted an underutilized common room (Wing C) into a dedicated rental space, expanding opportunities for community use.

The City owns two buildings located at 39155 Liberty Street that house the Fremont Family Resource Center (FRC), and leases space to 24 non-profit, City, County and State programs.

As part of its financial sustainability model, the City also rents FRC conference rooms for public and private events. On February 26, 2024, the City Council adopted Resolution No. 2024-02, updating Master Fee Schedule user fees for FRC conference rooms.

DISCUSSION/ANALYSIS:

Age Well Centers: As part of its financial sustainability model, the Human Services Department rents Age Well Center rooms for public and private events. Staff is recommending the City update the rental fees for rooms at the Age Well Centers at Lake Elizabeth and South Fremont by 2.4%. This adjustment is based on the Consumer Price

5.B
Packet Pg. 223
Council Staff Report (ID # 5421) Meeting of May 20, 2025 Updated: 5/16/2025 11:25 AM by Dina Lewis B Page 2
Index for All Urban Consumers (CPI-U) for the San Francisco Bay Area, as published by the U.S. Bureau of Labor Statistics.

Age Well Center at Lake Elizabeth – Proposed Updated Hourly Rates

Room Current
Rate
Proposed
Rate
(+2.4%)
MPR
Non-Profit/Resident 65 67
Non-Profit/ Non-Resident 75 77
Private/Resident 110 113
Private/Non-Resident 125 128
Commercial 180 185

WING A
Non-Profit/Resident 50 52
Non-Profit/ Non-Resident 60 62
Private/Resident 90 93
Private/Non-Resident 105 108
Commercial 125 128

Wing B
Non-Profit/Resident 45 47
Non-Profit/ Non-Resident 55 57
Private/Resident 80 82
Private/Non-Resident 95 98
Commercial 115 118

Wing C
Non-Profit/Resident 20 20
Non-Profit/ Non-Resident 25 25
Private/Resident 40 40
Private/Non-Resident 45 45
Commercial 55 55

Kitchen (minimum is 1 hour)
Non-Profit/Resident, Non-
Resident

65 67

5.B
Packet Pg. 224
Council Staff Report (ID # 5421) Meeting of May 20, 2025 Updated: 5/16/2025 11:25 AM by Dina Lewis B Page 3
Room Current
Rate
Proposed
Rate
(+2.4%)
Private/Resident, Non-Resident 75 77

Age Well Center at South Fremont – Proposed Updated Hourly Rates

Room Current
Rate
Proposed
Rate
(+2.4%)
MPR
Non-Profit/Resident 65 67
Non-Profit/ Non-Resident 75 77
Private/Resident 120 123
Private/Non-Resident 135 138
Commercial 195 200

Large Activity Room
Non-Profit/Resident 45 47
Non-Profit/ Non-Resident 55 57
Private/Resident 85 87
Private/Non-Resident 100 102
Commercial 120 123

Small Activity Room
Non-Profit/Resident 35 36
Non-Profit/ Non-Resident 45 46
Private/Resident 60 61
Private/Non-Resident 75 77
Commercial 95 97

Conference Room
Non-Profit/Resident 32 33
Non-Profit/ Non-Resident 42 43
Private/Resident 57 58
Private/Non-Resident 72 74

Bocce Court

5.B
Packet Pg. 225
Council Staff Report (ID # 5421) Meeting of May 20, 2025 Updated: 5/16/2025 11:25 AM by Dina Lewis B Page 4
Room Current
Rate
Proposed
Rate
(+2.4%)
Private/Resident 15 16
Private/Non-Resident 25 26

Annual CPI-U Increases: To ensure that the City’s Age Well Centers and Family Resource Center rental rates remain aligned with the actual cost of service delivery, it is essential to incorporate a mechanism for annual rate adjustments based on the most recently published Consumer Price Index for All Urban Consumers (CPI-U), San Francisco Bay Area index.

To allow for such annual fee adjustments, staff recommends including the following language in the Master Fee Schedule for Human Services: “Annual CPI-U Increases: On an annual basis, the Director of Human Services may authorize fee increases to address changes in the cost of services in an amount not to exceed the most recently published Consumer Price Index for All Urban Consumers (CPI-U), San Francisco Bay Area index for the Master Fee Schedule. Annual rate changes, if any, are published on the City’s website at www.fremont.gov and become effective on July 1.”

The proposed language provides a clear and transparent framework for annual rental rate changes, which will be published on the City’s website and take effect each July 1. This approach ensures that rental fees remain fair, sustainable, and responsive to economic conditions while continuing to support the needs of the community. This language also aligns the current Master Fee Schedule for the Age Well Centers and FRC with other City departments with similar rental structures.

Environmental Impact: The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15378(b) (2), (4) and/or (5), and/or per CEQA Guidelines Section 15061(b)(3), in that it is an administrative or governmental funding mechanism or fiscal activity that does not involve a commitment to any specific project, and in that it is not a project which has the potential to cause a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.

ATTACHMENTS:
• Resoution 2025-xx HSD Master Fee Schedule
• City of Fremont Master Fee Schedule edits

RECOMMENDATION: Adopt a resolution amending the following sections of the Master Fee Schedule for Human Service, effective immediately following Council adoption:

1. Section V.B.2 (Age Well Centers Facility Rental Schedule, SPECIAL CONDITIONS);

2. Section V.F.2 (Fremont Resource Center Facility Rental Schedule, SPECIAL CONDITIONS); and

3. Add new section authorizing the Director of Human Services to increase the Human Services fees annually in an amount not-to-exceed CPI-U to address increased costs of delivering services.

5.B
Packet Pg. 226
Resolution 2025-XX Page 1 of 2

RESOLUTION NO. 2025-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AMENDING THE MASTER FEE SCHEDULE REGARDING FEES FOR

FACILITY RENTALS

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

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

WHEREAS, the City’s Master Fee Schedule sets forth fees charged by the City’s Human Services Department for facility rentals at the Age Well Centers; and

WHEREAS, a common area at Age Well Center at Lake Elizabeth was converted into a rentable public space, and it is necessary to add the fees for renting this facility; and

WHEREAS, Age Well Center facility fees were last updated in November 2021 via Resolution No. 2021-72, and it is necessary to update the fees to reflect the costs associated with providing quality services and amenities at both the Age Well Center at Lake Elizabeth and the Age Well Center at South Fremont; and

WHEREAS, adopting an annual CPI-U adjustment process will ensure that facility rental rates remain fair, predictable, and responsive to economic conditions, while preventing the need for infrequent but substantial fee increases; and

NOW, THEREFORE, based on information set forth in the staff report to the City Council dated May 20, 2025, as well as any other information submitted to or considered by the City Council during its deliberations on this matter, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:

SECTION 1. The following sections of Article V, of the Master Fee Schedule (Resolution No. 8672, as amended), entitled “Human Services”, are amended and replaced to read in their entireties as set forth in Exhibit A, attached to and made a part of this Resolution:

A. Section V, Human Services, B. entitled, “Age Well Center Fees”, #2 Facility Rental Schedule.

B. Section V. Human Services, B. “Age Well Center Fees”, #2 Facility Rental Schedule,

SPECIAL CONDITIONS
C. Section V. Human Services, F. “Facility Rental Schedule, Fremont Resource Center”, #2 Rates for Family Resource Center, SPECIAL CONDITIONS

5.B.a
Packet Pg. 227
Attachment: Resoution 2025-xx HSD Master Fee Schedule (5421 : Amendment to the City of Fremont Master Fee Schedule) Resolution 2025-XX Page 2 of 2

SECTION 2. The Master Fee Schedule (adopted by Resolution No. 8672 and amended from time to time, including by this Resolution) shall be kept on file in the Office of the City Clerk.

SECTION 3. This Resolution and the amendments to the Master Fee Schedule adopted thereby shall become effective immediately upon adoption by the City Council.

ADOPTED, May 20, 2025, by the City Council of the City of Fremont, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor

ATTEST: APPROVED AS TO FORM:

______________________________ ______________________________ City Clerk City Attorney

5.B.a
Packet Pg. 228
Attachment: Resoution 2025-xx HSD Master Fee Schedule (5421 : Amendment to the City of Fremont Master Fee Schedule)

36 B. Age Well Centers (Res. 2020-60, 12/15/20, 2021-72, 11/9/2021, Res. 2025_)

1. Age Well Center Meal Fee* Member Fee Non-Member and Non-Senior Fee a. Lunch $5.00 $7.00
b. Special Lunch $6.00 $8.00
*Above fees may be increased without Council approval when cost of products purchased requires an increase to guarantee that fees cover costs. Fees changed under this provision will be reported to the City Council on the next Fee Resolution update.

2. Facility Rental Schedule Age Well Center at Lake Elizabeth (Res. 9451, 7/27/99; 9871, 1/14/03; 2006-28; 4/4/06, 2020-60, 12/15/20, 2021-72, 11/9/2021, Res. 2025_) 186.53310.3763
a. Group Classifications/Definitions
(1) Group IV: Non-Profit Groups
A. Resident
B. Non-Resident
(2) Group V: Private Functions
A. Resident
B. Nonresident
(3) Group VI: Commercial Use
Rates
(1) Multipurpose room
-Group IV-A $67/hr
-Group IV-B $77/hr
-Group V-A $113/hr
-Group V-B $128/hr
-Group VI $185/hr
(2) Wing A
-Group IV-A $52/hr
-Group IV-B $62/hr
-Group V-A $93/hr
-Group V-B $108/hr
-Group VI $128/hr
(3) Wing B
-Group IV-A $47/hr
-Group IV-B $57/hr
-Group V-A $82/hr
-Group V-B $98/hr
-Group VI $118/hr
(4) Wing C
-Group IV-A $20/hr
-Group IV-B $25/hr
-Group V-A $40/hr
-Group V-B $45/hr
-Group VI $55/hr
(5) Kitchen (minimum is 1 hour)
-Group IV-A, IV-B $65/hr
-Group V-A, V-B, VI $75/hr
(6) Refundable Cleaning/Damage Deposit: All Groups $275

SPECIAL CONDITIONS
a. Overtime hours will be charged at one and one-half (1-1/2) times the hourly rate, plus the hourly rate for staff. b. Commercial Use: $50 nonrefundable application fee will be applied towards building charge c. A $275 cleaning/damage depositwill be charged to all Groups. This is refundable. d. Break down of what will be deducted from cleaning/damage deposit for failure to comply with requirements and staff has to perform the function.
(1) Tables/chairs not cleaned $50
(2) Spills on floors not wiped up and/or debris not swept up $50 (3) Room not rearranged properly and furniture not put away $50 (4) Garbage and trash not emptied into dumpster $50
(5) Kitchen not clean $50
(6) Garbage and trash left in patio $50
(7) False fire alarm or request for police services necessitated by disturbance $75 (8) More than one change request $30
(9) Balloon retrieval $50
(10) Kitchen strainer not emptied $50

5.B.b
Packet Pg. 229
Attachment: City of Fremont Master Fee Schedule edits [Revision 1] (5421 : Amendment to the City of Fremont Master Fee Schedule)

37 (11) Excessive mess left in the restrooms $50
(12) Damage to equipment, property& plants Actual Cost of Replacement e. Six (6) hour minimum charge required for party usage such as weddings, anniversaries, birthdays, etc. f. If rooms are to be divided costs may be prorated.
g. A fee of $200 per half (1/2) hour for events exceeding 1:00 a.m. closing on Friday and Saturdays, and 11:00 pm closing on Sundays.
h. penalty fee based on the total cost of the rental will be charged for cancellation prior to the event (1) 30% - 30 or more days prior to the event
(2) 50% - 29-11 days prior to the event
(3) 100% - 10 days or less prior to the event
i. Annual CPI-U Increases: The Director of Human Services may authorize annual fee increases in an amount not to exceed the most recently published Consumer Price Index for All Urban Consumers (CPI-U), San Francisco Bay Area index. Annual rate changes, if any, are published on the City’s website at www.fremont.gov and become effective on July 1.

5.B.b
Packet Pg. 230
Attachment: City of Fremont Master Fee Schedule edits [Revision 1] (5421 : Amendment to the City of Fremont Master Fee Schedule)

38 2. Facility Rental Schedule Age Well Center at South Fremont (Res. 9451, 7/27/99; 9871, 1/14/03; 2006-28; 4/4/06, Res. 2025_) 186.53310.3763
a. Group Classifications/Definitions
(1) Group IV: Non-Profit Groups
A. Resident
B. Non-Resident
(2) Group V: Private Functions
A. Resident
B. Nonresident
(3) Group VI: Commercial Use
Rates
(1) Multipurpose Room
-Group IV-A $67/hr
-Group IV-B $77/hr
-Group V-A $123/hr
-Group V-B $138/hr
-Group VI $200/hr
(2) Large Activity Room
-Group IV-A
-Group IV-B
-Group V-A
-Group V-B
-Group V
$47/hr
$57/hr
$87/hr
$102/hr
$123/hr

(3) Small Activity
-Group IV-A
-Group IV-B
-Group V-A
-Group V-B
-Group VI
$36/hr
$46/hr
$61/hr
$77/hr
$97/hr

(4) Conference Room
-Group IV-A
-Group IV-B
-Group V-A
-Group V-B

$33/hr
$43/hr
$58/hr
$74/hr

(5) Bocce Court (minimum is 2 hours
-Group IV-A, IV-B
-Group V-A, V-B, V
$16/hr
$26/hr

(6) Refundable Cleaning/Damage Deposit: All Groups $275

SPECIAL CONDITIONS
a. Overtime hours will be charged at one and one-half (1-1/2) times the hourly rate, plus the hourly rate for staff. b. Commercial Use: $50 nonrefundable application fee will be applied towards building charge c. A $275 cleaning/damage deposit will be charged to all Groups. This is refundable. d. Break down of what will be deducted from cleaning/damage deposit for failure to comply with requirements e. and staff has to perform the function.

1. Tables/chairs not cleaned $50

2. Spills on floors not wiped up and/or debris not swept up $50

3. Room not rearranged properly and furniture not put away $50

4. Garbage and trash not emptied into dumpster $50

5. Kitchen not clean $50

6. Garbage and trash left in patio $50

7. False fire alarm or request for police services necessitated by disturbance $75

8. More than one change request $30

9. Balloon retrieval $50

10. Kitchen strainer not emptied $50

11. Excessive mess left in the restrooms $50

12. Damage to equipment, property& plants Actual Cost of Replacement

13. Six (6) hour minimum charge required for party usage such as weddings, anniversaries, birthdays, etc.

14. If rooms are to be divided costs may be prorated.

15. A fee of $200 per half (1/2) hour for events exceeding 1:00 a.m. closing on Friday and Saturdays, and 11:00 pm closing on Sundays.

16. A penalty fee based on the total cost of the rental will be charged for cancellation prior to the

5.B.b
Packet Pg. 231
Attachment: City of Fremont Master Fee Schedule edits [Revision 1] (5421 : Amendment to the City of Fremont Master Fee Schedule) 39 event -30% - 30 or more days prior to the event and -50% - 29-11 days prior to the event. f. Annual CPI-U Increases: The Director of Human Services may authorize annual fee increases in an amount not to exceed the most recently published Consumer Price Index for All Urban Consumers (CPI-U), San Francisco Bay Area index. Annual rate changes, if any, are published on the City’s website at www.fremont.gov and become effective on July 1.

5.B.b
Packet Pg. 232
Attachment: City of Fremont Master Fee Schedule edits [Revision 1] (5421 : Amendment to the City of Fremont Master Fee Schedule) 40 E. Facility Rental Schedule, Fremont Family Resource Center (Res. 2012-22, 4/17/12, Res. 2024-02, 2/6/24, Res. 2025_)

1. Group Classifications/Definitions
(a) Group I: City of Fremont Use
(b) Group II: Use by Other Government Jurisdictions
(c) Group III: Fremont Non-profit Groups
(d) Group IV: Fremont Residents and Non-resident Non-profit Groups (e) Group V: Non-resident groups
(f) Group VI: Business
(g) N/C: No Charge
(h) ACC: Actual Cost to City

2. Rates for Family Resource Center
(a) Pacific Room
-Group I N/C
-Group II ACC
-Group III $50
-Group IV $60
-Group V $80
-Group VI $110
(b) Enterprise Room
-Group I N/C -Group II ACC
-Group III $40
-Group IV $50
-Group V $70
-Group VI $75
(c) Mediterranean Room
-Group I N/C
-Group II ACC
-Group III $40
-Group IV $50
-Group V $70
-Group VI $75
(d) Nova Room
-Group I N/C
-Group II ACC
-Group III $40
-Group IV $50
-Group V $70
-Group VI $75
(e) Caribbean Room
-Group I N/C
-Group II ACC
-Group III $45
-Group IV $55
-Group V $75
-Group VI $80
(f) Millennium Room
-Group I N/C
-Group II ACC
-Group III $50
-Group IV $60
-Group V $80
-Group VI $110
Refundable Cleaning/Danage Deposit:
- All Groups $275

SPECIAL CONDITIONS
a. Overtime hours will be charged at one and one-half (1-1/2) times the hourly rate, plus the hourly rate for staff. b. A $275 cleaning/damage deposit will be charged to all groups. This is refundable. c. Rental rates are subject to change without notice.
d. Break down of what wil be deducted from cleaning/damage deposit for failure to comply with requirements:

1. Tables/chairs not cleaned $50

2. Spills on floors not wiped up and/or debris not swept up $50

3. Room not rearranged properly and furniture not put away $50

4. Garbage and trash not emptied into dumpster $50

5. Garbage and trash left in patio $50

5.B.b
Packet Pg. 233
Attachment: City of Fremont Master Fee Schedule edits [Revision 1] (5421 : Amendment to the City of Fremont Master Fee Schedule) 41 6. False fire alarm or request for police services necessitated by disturbance $75

7. More than one change requests $25

8. Excessive mess left in restrooms $50

9. Damage to equipment, property & plants Actual Cost of Replacement

10. A fee of $100 per half (1/2) hour for events sceeeding 11:00p.m. closing.

11. A penalty fee based on the total costs of the rental will be charged for cancellation prior to the event – No Charge – 30 or more days prior to the event -30% - 29-11 days prior to the event -100% - 10 days or less to the event.

All users of facilities to abide by the Fremont Family Resource Center Facility Use Policy.

Hyperlink:
https://www.fremont.gov/home/showpublisheddocument/10718/637916871739330000

3. Community organizations: In an effort to remain accessible to community organizations, the follow fees are offered for daytime usage
(a) Fremont non-profits: 4 times/year at no cost
(b) Newark/Union City non-profits: 2 times/year at no cost (c) Government/Education organizations: 3 times/year at no cost

e. Annual CPI-U Increases: The Director of Human Services may authorize annual fee increases in an amount not to exceed the most recently published Consumer Price Index for All Urban Consumers (CPI-U), San Francisco Bay Area index.

Annual rate changes, if any, are published on the City’s website at www.fremont.gov and become effective on July 1.

5.B.b
Packet Pg. 234
Attachment: City of Fremont Master Fee Schedule edits [Revision 1] (5421 : Amendment to the City of Fremont Master Fee Schedule) Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5400) DOC ID: 5400 A
Updated: 5/16/2025 9:11 AM by Dina Lewis A Page 1
HUMAN RESOURCES DEPARTMENT – Public Hearing to Comply with Assembly Bill 2561 (Government Code Section 3502.3) Regarding City's Vacancies, Recruitment and Retention Efforts
Contact Persons:

Name: Tina Gallegos
Title: Human Resources Director
Div/Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]

Executive Summary: Assembly Bill (AB) 2561 requires public agencies, including the City of Fremont, to conduct at least one public hearing per fiscal year to discuss vacancies, recruitment, and retention efforts. This report discusses the City of Fremont’s legal obligations under the new law, which became effective January 1, 2025, and is for informational purposes only.

BACKGROUND: AB 2561 was introduced to address the issue of job vacancies in local government, which adversely affects the delivery of public services and employee workload.

Among other requirements, the bill mandates that public agencies present the status of vacancies and recruitment and retention efforts during a public hearing before the agency’s governing body at least once per fiscal year. AB 2561 became effective January 1, 2025, and is codified as Government Code Section 3502.3.

DISCUSSION/ANALYSIS: In compliance with the new legal obligations, the City of Fremont is required to do the following:

1. Public Hearing: At least once each fiscal year, at a public hearing before the City Council, City staff must present information regarding the status of vacancies and recruitment and retention efforts and identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process (Gov. Code § 3502.3(a)(1), (3)).

If the City Council adopts an annual or multiyear budget during the fiscal year, this presentation must occur prior to the City Council’s adoption of the final budget for the City. (Gov. Code § 3502.3(a)(2).)

2. Employee Organization Participation: Allow the recognized employee organization for each bargaining unit at the City to make presentations during the public hearing concerning vacancies and recruitment and retention efforts. There are 9 bargaining units at the City of Fremont and all have been invited to present at the public hearing. (Gov. Code § 3502.3(b).)

3. Additional Reporting for High Vacancy Rates: If vacancies within a single bargaining unit meet or exceed 20% of authorized full-time positions in that bargaining unit, upon request of the recognized employee organization for that bargaining unit, the City must provide additional information during the public hearing, including the following: (1) the total number of vacancies; (2) the number of applicants; (3) the average time to fill

5.C
Packet Pg. 235
Council Staff Report (ID # 5400) Meeting of May 20, 2025 Updated: 5/16/2025 9:11 AM by Dina Lewis A Page 2
positions; and (4) opportunities to improve compensation and working conditions for employees in the bargaining unit. (Gov. Code § 3502.3(c).) As of April 23, 2025, there are no bargaining units with a vacancy rate exceeding 20%.

Bargaining Unit Vacancy Rate
As of 4/23/25
City of Fremont Employee Association (CFEA) 10%
Fremont Association of Management Employees (FAME) 12%
Fremont Police Managers’ Association (FPMA) 0%
Fremont Police Association (FPA) 16%
Fremont Professional Firefighters, International Association of Firefighters (IAFF), Local 1689 7%
Battalion Chiefs, International Association of Firefighters (IAFF-BC), Local 1689 0%
Operating Engineers, Local Union No. 3 (OE3) 5%
Professional Engineers and Technicians Association (PETA) 12% Teamsters, Local 856 5%

FISCAL IMPACT: There is no direct fiscal impact associated with conducting the public hearing required under Government Code section 3205.3.

ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The public hearing and reporting on vacancy rates, recruitment and retention efforts meets the above criteria and is not subject to CEQA. No additional environmental review is required.

ATTACHMENTS: None.

RECOMMENDATION: Staff recommends that the City Council conduct a public hearing on the status of the City’s vacancies, recruitment, and retention efforts and receive presentations from City staff, as well as any presentations from the recognized employee organization for each bargaining unit, as required by law.

5.C
Packet Pg. 236