Agenda packet, first session — Fremont City Council, December 2, 2025

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Raj Salwan, Mayor
Yajing Zhang, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Kathy Kimberlin, District 3
Yang Shao, District 4
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
Joel Pullen, Community Development Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Fremont City Council Agenda and
Report
December 02, 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 - December 02, 2025

December 2, 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 December 2, 2025, City Council meeting online via Zoom https://us06web.zoom.us/j/85224156872 Webinar ID: 852 2415 6872

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.

December 2, 2025 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
December 02, 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:

Shanghai-La Sydney
176 Cumberland Street, The Rocks
Sydney, NSW 2000, Australia

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

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

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

C. AWARD A CONSTRUCTION CONTRACT FOR PALM AVENUE DEMOLITION PROJECT (PWC8813A) - Approve Plans and Specifications, Accept the Bid and Award a Construction Contract for the Bid Amount of $316,998 to Resource Environmental, Inc. and Allocate a 20% Construction Contingency of $63,400 for a Total Contract Amount of $380,398 for the Palm Avenue Demolition Project (PWC8813A), Accept the bid withdrawal of Castle Construction LLC, deny the bid protest from Penkor Wrecking, and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15301.

Contact Persons:

Name: Connie Chao Tara Bhuthimethee
Title: Landscape Designer II Parks Planning and Design
Manager
Dept: Landscape Architecture Landscape Architecture
Phone: 510-494-4742 510-494-4738
E-Mail: [email protected] [email protected]
December 2, 2025 Fremont City Council Page 4

RECOMMENDATIONS:

1. Approve the plans and specifications for the Palm Avenue Demolition Project (PWC8813A).

2. Accept the bid withdrawal of Castle Construction LLC, deny the bid protest from Penkor Wrecking, and accept the bid and award a contract to Resource Environmental, Inc., for a total base bid amount of $316,988, and allocate a 20% construction contingency of $63,400 for a total contract amount of $380,397.

3. Find that the project is exempt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, per Section 15301, as the demolition of two single-family homes, one accessory shed, their supporting utilities, and the remnant foundations of former structures that inhabited the site would be consistent with Section 15301(l).

D. CITY INFRASTRUCTURE BACKUP SOLUTION SUPPORT RENEWAL - Authorize the City Manager, or her Designee, to execute agreements with Eplus Technology, Inc., PEAC US Capital, Inc., and Rubrik, Inc., for Hardware and Software Support and Maintenance of the Rubrik Enterprise Backup Solution in the amount of $371,535.30, for a 3-year term.

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 purchase orders with Eplus Technology Inc. in the amount of $371,535.30 for three years of support ($123,845.10 annually) for the Rubrik Enterprise Backup and Recovery Solution renewal.

2. Authorize the City Manager, or designee, to execute a Hardware and Software Support and Maintenance agreement with Rubrik, Inc. for the Rubrik Enterprise Backup and Recovery Solution renewal.

3. Authorize the City Manager, or designee, to execute an Installment Payment Agreement with PEAC US Capital, inc., for Rubrik Enterprise Backup and Recovery Solution renewal.

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

E. FY 2025/26 MEMORANDUM OF UNDERSTANDING WITH ALAMEDA COUNTY FOR MEDI-CAL CASE MANAGEMENT PROGRAM - Authorize the City Manager to Execute a Memorandum of Understanding with Alameda County Health for FY 2025/26 Targeted Case Management Services
Contact Persons:

Name: Leticia Leyva Arquimides Caldera
Title: Management Analyst II Human Services Director
Dept: Human Services Department Human Services Department Phone: 510-574-2072 510-574-2056
E-Mail: [email protected] [email protected]
December 2, 2025 Fremont City Council Page 5

RECOMMENDATION: Adopt a resolution:

1. Authorizing the City Manager, or designee, to execute a Memorandum of Understanding with Alameda County Health to enable the City’s Human Services Department to receive reimbursement for eligible FY 2025/26 expenses through Alameda County’s Targeted Case Management (TCM) program;

2. Making findings of CEQA exemption, as described in this staff report; and

3. Delegating to the City Manager, Finance Director, or their designees, the authority to sign, certify or execute documents on behalf of the City with respect to the TCM program.

F. ON-CALL WATER WELL MAINTENANCE SERVICES - Approval of On-Call Water Well Maintenance Services Agreement with Eaton Pumps Sales & Services in an Amount Not-to-Exceed $2,100,000
Contact Persons:

Name: Juan Barajas Kelly King
Title: Parks Superintendent Maintenance Operations Director Dept: Maintenance Operations Maintenance Operations
Phone: 510-979-5780 510-979-5753
E-Mail: [email protected] [email protected]

RECOMMENDATIONS: (1) Authorize the City Manager, or designee, to execute a Service Agreement with Eaton Pumps Sales & Services for on-call water well maintenance services in an amount not to exceed $2,100,000 over a seven-year term, and (2) Find that this action is not a project subject to CEQA review pursuant to CEQA Guidelines Section 15378(b)(2).

G. PURCHASE OF FLEET VEHICLES - Approval to Increase Purchase Order through Cooperative Agreement with The Ford Store San Leandro for the Purchase of Ford Fleet Vehicles by $185,000, for a New Not to Exceed Amount of $1,010,000; and Decrease the Purchase Order with National Auto Fleet Group by $185,000 for a New Not to Exceed of $330,000; Make Findings of CEQA Exemptions
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]

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to increase purchase orders with The Ford Store San Leandro for the purchase of Ford vehicles by $185,000, for a new amount not-to-exceed $1,010,000.

2. Authorize the City Manager, or designee, to decrease purchase orders with National Auto Fleet Group for the purchase of vehicles by $185,000, for a new amount not-to-exceed $330,000.

3. Find the proposed purchase is not a project as defined by Public Resources Code Section 21065 and of the California Environmental Quality Act (CEQA), and, alternatively, the action is exempt from CEQA under 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, and Section 15378 (b), as an organizational, administrative, policy and fiscal activity that will not result in direct or indirect physical change in the environment.

December 2, 2025 Fremont City Council Page 6
H. PICKERING PLACE LOAN EXTENSION – Adopt a Resolution Authorizing the City Manager to Extend the Term of Existing City Loan Agreement with Pickering Associates, L.P., an Affiliate of MidPen Housing and Making Findings of CEQA Exemption
Contact Persons:

Name: Lucia Hughes Joel Pullen
Title: Housing Manager Community Development Director
Dept: Housing Community Development
Phone: 510-494-4506 510-494-4436
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution authorizing the City Manager, or designee, to amend the loan agreement and other implementing documents and take such other actions as required to extend the term of the loan agreement to January 1, 2031.

I. MECHANICAL, ELECTRICAL AND PLUMBING DESIGN SERVICES - Approval of Agreements for On-Call Mechanical, Electrical and Plumbing Design Services in the Amount of $1,250,000 per Agreement with Advanced Design Consultants, Inc., American Consulting Engineers Electrical, Inc., Salas O’Brien, and YEI Engineers, Inc.; Make Findings of CEQA Exemption Contact Persons:

Name: Edelzar Garcia Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4781 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to execute a Master Service Agreement for on-call MEP design services with the following consultants:
a. Advanced Design Consultants, Inc., with a total not-to-exceed compensation of $1,250,000 for five years.
b. American Consulting Engineers Electrical, Inc., with a total not-to-exceed compensation of $1,250,000 for five years.
c. Salas O’Brien, with a total not-to-exceed compensation of $1,250,000 for five years.
d. YEI Engineers, Inc., with a total not-to-exceed compensation of $1,250,000 for five years.

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).

December 2, 2025 Fremont City Council Page 7
J. BAY TRAIL GRANT FUNDING - MARSHLAND ROAD SEGMENT - Adopt Resolution of Project Compliance to Support Receipt of $1,000,000 in Regional Measure 3 Grant Funds and Adopt Resolution of Local Support for $1,500,000 in Regional One Bay Area Grant Cycle 3 Funds from the Metropolitan Transportation Commission for the Bay Trail Gap Closure – Marshland Road Segment Project (PWC9133); and Make Findings of CEQA Exemption
Contact Persons:

Name: Eric Hu Hans Larsen
Title: Principal Transportation
Engineer
Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4542 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Adopt resolution of project compliance to support receiving $1,000,000 in Regional Measure 3 grant funds from the Metropolitan Transportation Commission for the Bay Trail Gap Closure – Marshland Road Segment Project (PWC9133).

2. Adopt Resolution of Local Support to receive $1,500,000 in One Bay Area Grant – Cycle 3 grant funds from the Metropolitan Transportation Commission for the Bay Trail Gap Closure – Marshland Road Segment Project (PWC9133).

3. Find the action is exempt from CEQA review per CEQA Guidelines, Section 150619(b)(3) which categorize administrative and funding activities as not a project.

3. Ceremonial Items – None.

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

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items – None.

6. Other Business – None.

December 2, 2025 Fremont City Council Page 8
A. Councilmember Referrals – None.

B. Appointments to Boards, Commissions, Committees

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

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

APPOINTMENT:

Advisory Body Appointee Terms Expire

Economic Development Advisory Commission Amy Davis 12/31/2029 At Large Representative

RECOMMENDATION: Approve appointment.

C. Legislative Actions – None.

D. Report on Committee Assignments

8. Adjournment
December 2, 2025 Fremont City Council Page 9

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

December 2, 2025 Fremont City Council Page 10

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 December 2, 2025 7:00 p.m. City Council Meeting Council Chambers Live
December 9, 2025 7:00 p.m. City Council Meeting Council Chambers Live
December 16, 2025 7:00 p.m. City Council Meeting Council Chambers Live
December 23, 2025 No meetings
December 30, 2025 No meetings (5th Tuesday)
January 6, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
January 13, 2026 7:00 p.m. City Council Meeting Council Chambers Live
January 20, 2026 7:00 p.m. City Council Meeting Council Chambers Live
January 27, 2026 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
February 3, 2026 7:00 p.m. City Council Meeting Council Chambers Live
February 10, 2026 7:00 p.m. City Council Meeting Council Chambers Live
February 17, 2026 7:00 p.m. City Council Meeting Council Chambers Live
February 24, 2026 No meetings
March 3, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
March 10, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
March 17, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
March 24, 2026 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
March 31, 2026 No meetings (5th Tuesday)

Fremont City Council Meeting: 12/02/25 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5566) DOC ID: 5566 B
Updated: 11/21/2025 4:34 PM by Dina Lewis B Page 1

AWARD A CONSTRUCTION CONTRACT FOR PALM AVENUE DEMOLITION PROJECT (PWC8813A) - Approve Plans and Specifications, Accept the Bid and Award a Construction Contract for the Bid Amount of $316,998 to Resource Environmental, Inc. and Allocate a 20% Construction Contingency of $63,400 for a Total Contract Amount of $380,398 for the Palm Avenue Demolition Project (PWC8813A), Accept the bid withdrawal of Castle Construction LLC, deny the bid protest from Penkor Wrecking, and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15301.

Contact Persons:

Name: Connie Chao Tara Bhuthimethee
Title: Landscape Designer II Parks Planning and Design
Manager
Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4742 510-494-4738
E-Mail: [email protected] [email protected]

Executive Summary: This report recommends that the City Council approve the plans and specifications, accept the bid, and award a contract to Resource Environmental, Inc. for a total base bid amount of $316,998, and allocate a 20% construction contingency of $63,400 for a total contract amount of $380,398 for the Palm Avenue Demolition Project; and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301.

BACKGROUND: On May 25, 1999, City Council approved the purchase of 19.8 acres at Palm Avenue for community park purposes. At the time of the purchase, the site was considered to be one of the City’s last opportunities to accommodate a Citywide Community sports park. On May 14, 2013, Council approved the sale of approximately seven acres of the site in a parkland land swap, after which approximately 12 acres remained.

Approximately one acre, immediately adjacent to the east property line, is owned by the San Francisco Public Utilities Commission (SFPUC). Pending approval from SFPUC, the land will be developed as part of the park.

The site is largely undeveloped except for four structures, including a bungalow building, ranch-style building, a metal shed and a wood barn. The bungalow at 42354 Palm Avenue was constructed between 1939 and 1946; the Ranch-style building at 42410 Palm Avenue was constructed around 1955; the metal shed was constructed between 1946 and 1957; and the barn was constructed before 1939, possibly as early as 1905, and was designed in the monitor style.

An historical evaluation conducted in 2024 determined that the site does not retain historic significance, is not eligible for listing on the California Register, and is not eligible for listing on the Fremont Register. For these reasons, the property and its structures are not designated as an historic resource.

2.C
Packet Pg. 11
Council Staff Report (ID # 5566) Meeting of December 2, 2025 Updated: 11/21/2025 4:34 PM by Dina Lewis B Page 2

In June 2025, the City began a community engagement process to involve residents, stakeholders, and local organizations in shaping the vision for the new park which identified community priorities, gathered feedback on desired amenities, and developed the character of the park.

DISCUSSION/ANALYSIS: This project is the first phase of a two-phased project. The first phase of the project includes demolition of the existing structures, with the exception of the wood barn, to prepare the site for Phase 2, which includes the development of the park. The barn is being retained for future consideration of use, pending funding and feasibility.

The structures to be demolished include the bungalow building, ranch-style building and metal shed, along with related utilities that service these structures. The Draft Master Plan for the park development will be brought before the Recreation Commission in early 2026 for recommendation to City Council for adoption. After plan adoption, the City will begin the environmental review, followed by the preparation of construction documents. The project is projected to start construction in 2027 with estimated completion and opening in 2028.

The scope of work for the demolition project consists of two parts. The first part will include the abatement and legal disposal of lead and asbestos from the structures. The second part will include the demolition of the structures; the removal of all concrete slab foundations, concrete and asphalt paving; and the removal of structural footings to subgrade. Utilities servicing the structures will be disconnected and demolished. Soils from undeveloped portions of site will be used to re-establish site elevations and import structural fill will be used to backfill the basement in the ranch-style house. Work will also include chain link fence demolition, tree removal, pruning of trees monitored by a certified arborist, and coordination with utility agencies.

Bid Results: The Palm Avenue Demolition Project was advertised for bid on October 7, 2025. On October 30, 2025, the City received eleven bids. The Bidders and their respective bid amounts are shown below.

Rank Contractor Bid Total
1 Castle Construction LLC $312,191.20 * **
2 Resource Environmental, Inc. $316,997.80*
3 Penkor Wrecking $333,550.00
4 D-Line Constructors, Inc. $413,000.00
5 W.C. Maloney LLC $522,732.50
6 Galeb Paving, Inc. $637,360.00
7 Bjork Construction Company, Inc. $684,805.16*
8 LVI Engineering, Inc. $762,360.00*
9 Belz Construction, Inc. $856,845.00*
10 S&H Construction, Inc. $898,600.00

2.C
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Council Staff Report (ID # 5566) Meeting of December 2, 2025 Updated: 11/21/2025 4:34 PM by Dina Lewis B Page 3
11 NG Builder Company $900,605.90*
* Mathematically Corrected - Corrected for computation errors pursuant to Instructions to Bidders Part 6.1(A)
** Non-responsive - Pursuant to PCC § 5103

The low bidder was determined by evaluation of the base bid as stated in the Instruction s to Bidders of the Contract Documents. Castle Construction LLC (“Castle”) was the lowest bidder after their Bid Schedule was mathematically corrected. Upon analysis, it was found that Castle’s unit cost was filled out incorrectly as their unit cost for lump sum items was not “inclusive of all costs, whether direct or indirect, including profit and overhead.” At bid opening, Castle was ranked as the 5th apparent lowest bidder with a Total Base Bid of $627,150. After mathematical corrections were made, their actual Total Base Bid was $312,191.20.

Furthermore, the license and registration requirements in the Notice Inviting Bids state that the successful bidder and/or subcontractor must possess a C-22 license, HAZ certification and ASB certification to perform the portion of the work that entails hazardous materials abatement, and C -61/D49 for tree pruning and tree removal. Upon review, Castle did not possess any of these required licenses and did not provide subcontractors knowledgeable in those trades in the Subcontractor List. Therefore, Castle’s bid was deemed non-responsive due to an error found in their Bid Schedule and for providing no proof of C - 22 license, HAZ certification, ASB certification and C-61/D49 license. Pursuant to PCC § 5103, a mistake was made in the bid proposal and staff recommends that the City Council accept the withdrawal of Castle Construction LLC’s bid.

The second low bid was submitted by Resource Environmental, Inc. for a mathematically corrected base bid amount of $316,997.80. The contractor is a responsible bidder experienced in this type of work. Their bid is responsive and all bid documents are in order.

The lowest responsive bidder’s price is 69% below the Engineer’s Estimate of $1,042,855.

Bid Protest: A Notice of Intent to Award was issued on November 3, 2025 to the responsive low bidder Resource Environmental, Inc. (“Resource Environmental”). On November 5, 2025, Penkor Wrecking (“Penkor”) submitted a bid protest in accordance with City procedures, alleging that Resource Environmental failed to list a licensed C -13 fencing subcontractor on its Subcontractor List. Penkor contends that fencing represents a significant (5.6%) portion of the project, deeming it non-incidental and that the omission constitutes a material irregularity affecting the fairness of the bidding process. Penkor requested that Resource Environmental be deemed nonresponsive and that the project be awarded to Penkor as the lowest responsive bidder.

Under Public Contract Code Section 20162, contracts must be awarded to the lowest responsive bidder. A bid is responsive if it conforms to all material terms; immaterial defects that do not give a bidder an unfair advantage may be waived. (Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal.App.4th 897).

City staff, in consultation with the City Attorney’s Office, reviewed the protest and determined that Resource Environmental’s omission of a fencing subcontractor does not render the bid nonresponsive. Under the CSLB’s definition of incidental and supplemental work (California Code of Regulations, Title 16, § 831), a licensed contractor may perform work that is necessary to complete the project in connection with the contractor’s primary

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Council Staff Report (ID # 5566) Meeting of December 2, 2025 Updated: 11/21/2025 4:34 PM by Dina Lewis B Page 4
trade or classification. Pursuant to Business and Professions Code Section 7059, work in other classifications is deemed “incidental and supplemental” when it is essential to completing the licensed trade and may be performed either by subcontractors or by the contractor’s own employees. Resource Environmental confirmed in its response that it will self-perform the fencing work as incidental to the demolition.

Here, the project requires that the general contractor hold a valid Class A, Class B, or C-21 license. Resource Environmental holds valid licenses in all three classifications. Temporary fencing and tree protection fencing work is considered incidental and supplemental to the overall scope of work because it is a minor part of a larger project, which is the demolition of structures and utilities. As fencing is considered incidental and supplemental to the demolition scope of work, this work may be self-performed by licensed general contractor.

Based on this review, staff finds Resource Environmental’s bid to be responsive and recommends that the City Council deny Penkor’s bid protest.

FISCAL IMPACT: The Palm Avenue Demolition Project was funded in the FY 2015/16- 2019/20 Capital Improvement Plan with additional funds added to the project in the FY 2017/18-2021/22, 2019/20-2023/24, 2021/22-2025/26 and 2023/24-2027/28 Capital Improvement Plans.

1. Total Project Funds Appropriated to the Project:
▪ Fund 540 Park Facility Impact Fee (PWC8813) $19,100,000 o 2015/16 - 2019/20: $1,700,000
o 2017/18 - 2021/22: $1,500,000
o 2019/20 - 2023/24: $4,350,000
o 2021/23 - 2025/26: $8,350,000
o 2023/24 - 2027/28: $3,200,000
Total Funds Available: $19,100,000

2. Project Expenses to Date:
▪ Project Management, Design, Consultants*, Utility Coordination, Administration:
$538,341

*Historic evaluation, Phase 1 Environmental Site Assessment, Pre-renovation lead and asbestos survey, design consultants, tree survey, geotechnical investigation, barn structural evaluation

3. Estimated Construction (Demolition) Expenditures:

Demolition Project: $316,998
20% Construction Contingency 63,400
Project and Construction Management: 60,864
Construction Subtotal: $441,262

Funds Remaining at Demolition Completion: $18,120,397

Based on the contract amount and project cost estimates, there are sufficient funds budgeted for this project.

ENVIRONMENTAL REVIEW: Pursuant to the California Environmental Quality Act (CEQA), the proposed project would be categorically exempt pursuant to CEQA Guidelines Section

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15301—Existing Facilities, as the proposed demolition of two single-family homes, one accessory shed, their supporting utilities, and the remnant foundations of former structures that inhabited the site would be consistent with Section 15301(l), which exempts demolition projects in urbanized areas involving three or fewer single-family residences and the demolition of accessory/appurtenant structures. A January 2024 Historic Resource Evaluation conducted by Architectural Resources Group found that none of the structures proposed for demolition retained historic integrity or were eligible for placement on the California Register of Historic Resources or the City of Fremont Register of Historic Resources. Therefore, they do not qualify as a historic resource under CEQA and their demolition would not have a significant impact on the environment.

ATTACHMENTS: None.

LINKS: https://www.fremont.gov/government/departments/parks-planning-design/design- projects/palm-avenue-demolition

RECOMMENDATIONS:

1. Approve the plans and specifications for the Palm Avenue Demolition Project (PWC8813A).

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Fremont City Council Meeting: 12/02/25 07:00 PM
3300 Capitol Avenue Div/Dept: Information Technology Services Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5574) DOC ID: 5574
Updated: 11/21/2025 4:33 PM by Dina Lewis Page 1
CITY INFRASTRUCTURE BACKUP SOLUTION SUPPORT RENEWAL - Authorize the City Manager, or her Designee, to execute agreements with Eplus Technology, Inc., PEAC US Capital, Inc., and Rubrik, Inc., for Hardware and Software Support and Maintenance of the Rubrik Enterprise Backup Solution in the amount of $371,535.30, for a 3-year term.

Contact Persons:

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

Executive Summary: In 2020, the City implemented the Rubrik Enterprise Backup Solution to manage backups and recoveries of our VxRAIL storage to the cloud. The current Hardware and Software Support and Maintenance Agreement with Rubrik, Inc. is set to expire on January 9, 2026. Renewing the Hardware and Software Support and Maintenance Agreement will provide the City with continued services for assistance with technical problems, hardware/ software fixes, and upgrades. The Rubrik Enterprise Backup Solution renewal is available through Eplus Technology Inc., a reseller, under the NASPO ValuePoint AR2472 Cooperative Purchasing Master Agreement contract, which the City participates in.

The total amount for the Rubrik Enterprise Backup Solution renewal is $371,535.30, payable annually in the amount of $123,845.10 over a three-year term via an Installment Payment Agreement with PEAC US Capital, inc.

BACKGROUND: Since 2020, the Rubrik Enterprise Backup Solution has supported the City’s efforts for disaster recovery, archive, protection, and cybersecurity. Renewing the Hardware and Software support and Maintenance Support Agreement will ensure that the City can continue to protect and recover critical data in the event of a catastrophe or cybersecurity breach.

DISCUSSION/ANALYSIS: The current implementation of Rubrik Enterprise Backup and Recovery Solution provides backup and recovery capabilities that are aligned with ITS’ Cybersecurity Backup and Recovery Control requirements as defined by the National Institute of Standards and Technology (NIST). Rubrik’s enterprise backup solution addresses malware and ransomware by incorporating capabilities into the platform that enable recovery from single files to entire servers. The Rubrik user interface is easy to use and manage. The City leverages the solution’s cloud computing capabilities for disaster recovery, archiving, and protection. For example, Disaster Recovery features enable the Rubrik appliance to restore and run a limited number of City applications on the appliance itself, as well as export backup files to the cloud and run them off-site.

The Rubrik Enterprise Backup Solution renewal is available through Eplus Technology Inc., a reseller, under the NASPO ValuePoint AR2472 Cooperative Purchasing Master Agreement contract, which the City participates in. To facilitate annual payments for the Rubrik Enterprise Backup Solution renewal, Eplus Technology Inc. requires the City to enter into an

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Council Staff Report (ID # 5574) Meeting of December 2, 2025 Updated: 11/21/2025 4:33 PM by Dina Lewis Page 2
Installment Payment Agreement with PEAC US Capital, inc. This agreement will enable the City to manage the renewal costs more effectively, ensuring that funds are available each year for crucial data protection, infrastructure support, and maintenance.

Therefore, Staff recommends that the Council approve the renewal of Hardware and Software Support and Maintenance Agreement with Rubrik, Inc., the issuance of purchase orders with Eplus Technology Inc., and entering into an Installment Payment Agreement with PEAC US Capital, inc. to facilitate annual payments for the Rubrik Enterprise Backup and Recovery Solution. This renewal will enable the City to continue its protection and recovery of critical data in the event of a catastrophe or cybersecurity breach.

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

FISCAL IMPACT: The cost of the Rubrik Enterprise Backup and Recovery Solution Software Support and Maintenance agreement is $371,535.30 for a three-year period ($123,845.10 annually). Funding for the Rubrik Enterprise Backup Solution is appropriated in the Information Technology Services Department Operating Fund (Fund 620) in the FY 2025/26 adopted operating budget. Funding for subsequent years will be requested as part of the City’s annual budget process.

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

ATTACHMENTS: None.

RECOMMENDATIONS:

2. Authorize the City Manager, or designee, to execute a Hardware and Software Support and Maintenance agreement with Rubrik, Inc. for the Rubrik Enterprise Backup and Recovery Solution renewal.

3. Authorize the City Manager, or designee, to execute an Installment Payment Agreement with PEAC US Capital, inc., for Rubrik Enterprise Backup and Recovery Solution renewal.

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

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Fremont City Council Meeting: 12/02/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5580) DOC ID: 5580
Updated: 11/21/2025 4:37 PM by Dina Lewis Page 1
FY 2025/26 MEMORANDUM OF UNDERSTANDING WITH ALAMEDA COUNTY FOR MEDI-CAL CASE MANAGEMENT PROGRAM - Authorize the City Manager to Execute a Memorandum of Understanding with Alameda County Health for FY 2025/26 Targeted Case Management Services
Contact Persons:

Name: Leticia Leyva Arquimides Caldera
Title: Management Analyst II Human Services Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2072 510-574-2056
E-Mail: [email protected] [email protected]

Executive Summary: Staff recommend the City Council adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) with Alameda County Health (ACH) for FY 2025/26 to enable the City to continue receiving reimbursement of funds through Alameda County’s Targeted Case Management (TCM) program for eligible activities carried out by Human Services Department staff. Staff anticipate receiving approximately $499,000 in reimbursements for eligible TCM activities during the term of the MOU. Additionally, the proposed resolution delegates to the City Manager, Finance Director, or their designee, the authority to sign, certify or execute documents on behalf of the City with respect to the TCM program for FY 2025/26.

BACKGROUND: The TCM program is funded by Medicaid Title XIX through the federal Centers for Medicare and Medicaid Services (CMS). The California Department of Health Care Services (DHCS) administers the program at the state level, with each county in California designating a Local Government Agency (LGA) to administer the TCM program locally. In Alameda County, ACH serves as the LGA for the City of Fremont. The TCM program allows service providers to receive partial federal reimbursement of local funds (i.e., City, County and State funding) expended on direct services and administrative activities necessary for the proper and efficient provision and administration of the Medi -Cal program. Funding flows from CMS through DHCS, then to ACH, and finally to the City. The City has participated in the TCM program since FY 2002/03.

DISCUSSION/ANALYSIS:

Targeted Case Management Program: The City is reimbursed for TCM services provided by Case Managers in the Fremont Family Resource Center (FRC) and the Aging and Family Services (AFS) Division of the Human Services Department. FRC Case Managers work with families and individuals that fit within the TCM target population of “Individuals in Jeopardy of Negative Health or Psycho-Social Outcomes.” AFS Case Managers work primarily with seniors that fit within the TCM target population of “Medically Fragile Individuals.”

Eligible Activities: Case Managers help people within these two target populations access needed medical, social, educational and other services. To be reimbursable, TCM activities must fall under one of the following components:

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Council Staff Report (ID # 5580) Meeting of December 2, 2025 Updated: 11/21/2025 4:37 PM by Dina Lewis Page 2

1. Assessment and reassessment of individual needs;

2. Development and periodic revision of a care plan;

3. Referral and linkage activities; and

4. Monitoring and follow-up activities

Reimbursement: The TCM program reimburses the City for approximately 48% of the estimated costs associated with providing case management encounters to Medi-Cal eligible clients. The exact amount of funding the City receives is generally based on the following:

1. An ongoing survey of time spent carrying out TCM activities;

2. The actual number of face-to-face encounters Case Managers have with Medi-Cal eligible individuals during the year;

3. The Federal Medical Assistance Percentage rate; and

4. A cost report completed by Human Services Department staff in cooperation with the Finance Department. The City’s cost of providing these services varies each year; therefore, new cost reports and an MOU must be completed for each year the City participates in the TCM program.

Local Public Entity Requirements: The City is recognized by DHCS as a Local Public Entity for the purpose of participating in the TCM program. This designation allows the City to self-certify local public expenditures that support the provision of Medi-Cal programs.

Therefore, staff also recommend the City Council adopt a resolution delegating to the City Manager, Finance Director, or their designee, the authority to sign, certify or execute documents on behalf of the City with respect to the TCM program for FY 2025/26.

FISCAL IMPACT: Based on revenue from prior years, for FY 2025/26, staff estimates that the City may receive reimbursement of up to $499,000 for TCM activities, including up to $250,000 for AFS case management services and $249,000 for FRC case management services.

TCM revenue is an important component of the Human Services Department’s strategy to cultivate outside revenue sources needed to sustain safety net services and support administrative overhead costs associated with these services. This funding was anticipated, and sufficient funds were appropriated as part of the FY 2025/26 adopted operating budget.

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 Sections 15378(b)(2), 15378(b)(4) 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:
• Draft Resolution Targeted Case Management Programs

RECOMMENDATION: Adopt a resolution:

1. Authorizing the City Manager, or designee, to execute a Memorandum of Understanding with Alameda County Health to enable the City’s Human Services Department to receive

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Council Staff Report (ID # 5580) Meeting of December 2, 2025 Updated: 11/21/2025 4:37 PM by Dina Lewis Page 3
reimbursement for eligible FY 2025/26 expenses through Alameda County’s Targeted Case Management (TCM) program;

2. Making findings of CEQA exemption, as described in this staff report; and

3. Delegating to the City Manager, Finance Director, or their designees, the authority to sign, certify or execute documents on behalf of the City with respect to the TCM program.

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Res. 2025-XX Page 1 of 2
DRAFT

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING WITH ALAMEDA COUNTY

HEALTH TO ENABLE THE CITY TO RECEIVE REIMBURSEMENT
FOR ELIGIBLE FY 2025/26 EXPENSES THROUGH ALAMEDA
COUNTY’S TARGETED CASE MANAGEMENT (TCM) PROGRAM AND

DELEGATING THE CITY MANAGER OR FINANCE DIRECTOR THE

AUTHORITY TO SIGN, CERTIFY OR EXECUTE DOCUMENTS ON

BEHALF OF THE CITY WITH RESPECT TO THE TCM PROGRAM AND

MAKING FINDINGS OF CEQA EXEMPTION

WHEREAS, the City of Fremont (“City”) is a Medi-Cal program provider in partnership with Alameda County Health; and

WHEREAS, the City’s Human Services Department also participates in the Targeted Case Management (“TCM”) program; and

WHEREAS, the City is designated as a Local Public Entity (“LPE”) that allows it to self-certify its own public expenditures; and

WHEREAS, the City is required to sign, certify and execute documents pertaining to the TCM program.

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

SECTION 1. The City Council authorizes the City Manager or designee to execute Memorandum of Understanding with the Alameda County Health to enable the City’s Human Services Department to receive reimbursement for eligible FY 2025/26 expenses through the TCM program.

SECTION 2. The City Council delegates the City Manager, Finance Director, or their designees, the authority to sign, certify or execute documents on behalf of the City, with respect to the TCM program.

SECTION 3. The City Council finds that this 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 Sections 15378(b)(2), 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.

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Attachment: Draft Resolution Targeted Case Management Programs (5580 : FY 2025/26 Memorandum of Understanding with Alameda County Res. 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

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Attachment: Draft Resolution Targeted Case Management Programs (5580 : FY 2025/26 Memorandum of Understanding with Alameda County Fremont City Council Meeting: 12/02/25 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance Operations
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5581) DOC ID: 5581
Updated: 11/21/2025 4:40 PM by Dina Lewis Page 1
ON-CALL WATER WELL MAINTENANCE SERVICES - Approval of On-Call Water Well Maintenance Services Agreement with Eaton Pumps Sales & Services in an Amount Not to Exceed $2,100,000
Contact Persons:

Name: Juan Barajas Kelly King
Title: Parks Superintendent Maintenance Operations Director Div/Dept: Maintenance Operations Maintenance Operations Phone: 510-979-5780 510-979-5753
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate a service agreement for on-call water well services with Eaton Pumps Sales & Services.

BACKGROUND: On October 9, 2025, the City issued a Request for Proposals for On-Call Water Well Maintenance Services. The selected contractor will work under a seven-year Service Agreement. The work performed under the agreement will provide water well evaluations, maintenance, repairs, and design services for existing and new City wells, pumps, electric motor assemblies, and mechanical equipment on an as-needed basis.

DISCUSSION/ANALYSIS: Three proposals were received from the following companies:

Maggiora Bros Drilling, Eaton Pumps Sales & Services, and Zim industries, Inc. An evaluation panel comprised of City staff evaluated the proposals based on qualifications, feasibility, billing rates, responsiveness, and service agreement terms.

Based on the evaluation results, staff recommends approval of a service agreement with Eaton Pumps Sales & Services to provide the services outlined in the RFP, as they have been identified as the most qualified bidder with the lowest rates. The service agreement will be awarded for a seven-year term. The total amount to be paid under the agreement is not to exceed $2,100,000.

FISCAL IMPACT: All work performed by the contractor under the on-call Service Agreement will be restricted to the funds appropriated and available for the specific project for which the work is required.

ENVIRONMENTAL REVIEW: The award of a service agreement constitutes an administrative activity that does not result in any physical changes to the environment and therefore is not a project subject to the California Environmental Quality Act (CEQA), as defined in CEQA Guidelines Section 15378(b)(2). City will conduct appropriate environmental review of any project that includes improvement to public structures that may result in significant changes to the environment in conformance with CEQA.

ATTACHMENTS: None.

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Council Staff Report (ID # 5581) Meeting of December 2, 2025 Updated: 11/21/2025 4:40 PM by Dina Lewis Page 2
RECOMMENDATIONS: (1) Authorize the City Manager, or designee, to execute a Service Agreement with Eaton Pumps Sales & Services for on-call water well maintenance services in an amount not to exceed $2,100,000 over a seven-year term, and (2) Find that this action is not a project subject to CEQA review pursuant to CEQA Guidelines Section 15378(b)(2).

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Fremont City Council Meeting: 12/02/25 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance Operations
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5582) DOC ID: 5582
Updated: 11/21/2025 4:44 PM by Dina Lewis Page 1
PURCHASE OF FLEET VEHICLES - Approval to Increase Purchase Order through Cooperative Agreement with The Ford Store San Leandro for the Purchase of Ford Fleet Vehicles by $185,000, for a New Not to Exceed Amount of $1,010,000; and Decrease the Purchase Order with National Auto Fleet Group by $185,000 for a New Not to Exceed of $330,000; Make Findings of CEQA Exemptions 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 increase the existing purchase order with The Ford Store San Leandro for the Purchase of Ford Fleet Vehicles to adjust for market availability.

BACKGROUND: In early 2025 staff analyzed available vendor and contract pricing and determined that the Alameda County Master Contract No. 901979 with The Ford Store San Leandro, and the Sourcewell Contract No. 091521-NAF and Contract No. 060920-NAF with National Auto Fleet Group (NAFG) provides fair and competitive pricing. On June 17, 2025, the City Council approved purchase orders for Ford Fleet Vehicles through Cooperative Agreements with The Ford Store San Leandro in an amount not to exceed $825,000, utilizing Alameda County Master Contract No.901979 and with National Auto Fleet Group in an amount not-to-exceed $515,000.

DISCUSSION/ANALYSIS: The Department sought to purchase through the National Auto Fleet Group three selected police patrol vehicles based on operational needs; however, the manufacturer has confirmed that the requested models are currently unavailable and cannot be delivered within this fiscal year. To avoid delays staff evaluated alternative police pursuit vehicle options that satisfy the department’s performance and service needs. Based on this evaluation, staff recommends purchasing the patrol vehicles from The Ford Store San Leandro, as the pricing is more competitive than what can be provided through the National Auto Fleet Group. To accommodate this change, staff is recommending reducing the existing purchase with National Fleet Auto Group by $185,000 and increase the existing purchase order with The Ford Store San Leandro by $185,000, for a new amount not-to-exceed $1,010,000.

Fremont Municipal Code, Chapter 3.20, authorizes the use of cooperative agreements, and the City can realize cost savings by purchasing vehicles through the Alameda County Master Contract No. 901979 cooperative purchasing program. Alameda County is a California public agency offering publicly solicited contracts to government entities. Alameda County uses a public competitive solicitation and award process like that required by the City’s Purchasing Code. Finance and the City Manager’s Office have approved the use of this cooperative agreement, and staff recommends that Council authorize the City Manager, or designee,

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increase the purchase order with The Ford Store San Leandro for the purchase of vehicles for a new amount not-to-exceed $1,010,000.

FISCAL IMPACT: The Council-approved FY 2025/26 Vehicle Replacement Fund (Fund 610) appropriation is $2,253,500.00 and provides sufficient funding for the purchase of fleet vehicles.

ENVIRONMENTAL REVIEW: The purchase of equipment is not a project as defined by the Public Resources Code Section 21065. Furthermore, 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.

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to increase purchase orders with The Ford Store San Leandro for the purchase of Ford vehicles by $185,000, for a new amount not-to-exceed $1,010,000.

2. Authorize the City Manager, or designee, to decrease purchase orders with National Auto Fleet Group for the purchase of vehicles by $185,000, for a new amount not-to-exceed $330,000.

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Fremont City Council Meeting: 12/02/25 07:00 PM
3300 Capitol Avenue Div/Dept: Housing
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5584) DOC ID: 5584
Updated: 11/24/2025 1:47 PM by Dina Lewis Page 1
PICKERING PLACE LOAN EXTENSION – Adopt a Resolution Authorizing the City Manager to Extend the Term of Existing City Loan Agreement with Pickering Associates, L.P., an Affiliate of MidPen Housing and Making Findings of CEQA Exemption
Contact Persons:

Name: Lucia Hughes Joel Pullen
Title: Housing Manager Community Development Director
Div/Dept: Housing Community Development
Phone: 510-494-4506 510-494-4436
E-Mail: [email protected] [email protected]

Executive Summary: MidPen Housing (MidPen), a 501(c)(3) non-profit organization, currently owns and manages Pickering Place through its affiliate Pickering Associates, a California Limited Partnership. The City received a request from MidPen to extend the term of its loan which matures January 1, 2026. Staff recommends Council approval of MidPen’s request.

BACKGROUND: Located at 20 West Pickering Avenue in Fremont, Pickering Place is a 43-unit existing affordable housing development, originally opened in 1997 using tax credit financing, funding from the Redevelopment Agency of the City of Fremont (Agency), and a conventional bank loan. The City’s original loan amount was $1,954,045, bearing 3% compounded interest, repayable from residual receipts received from rents and operations.

The loan has accrued $2,396,777 of interest, totaling $4,350,822 of outstanding debt, as of November 30, 2025.

The development provides 1-, 2-, 3-, and 4-bedroom apartments for families earning between 30% and 60% of Area Median Income (AMI). The Regulatory Agreement regulates rents, occupancy, and income levels until the later of July 1, 2094, or repayment in full of principal and all interest due.

DISCUSSION/ANALYSIS: In July of 2025, MidPen notified the City of its interest in extending the City loan term before the January 1, 2026, maturity date, and provided a formal written request to the City.

Highly Competitive Financial Markets: With its request, MidPen also provided an operating budget, a Capital Needs Assessment, an 11-year cash flow proforma, MidPen’s updated rent policy and rent schedule, current rent roll, and amended Limited Partnership Agreement(s). Resyndication provides an infusion of new equity into the project to address any capital improvement needs or major system replacement of an aging property. It also provides an opportunity for an affordable property owner to pay off or restructure its existing loans. MidPen explained that due to highly competitive financial markets, it has been unable to resyndicate or refinance the property. MidPen believes that the financial landscape for resyndication is improving, and that the project is likely to undertake a resyndication in the next few years.

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Council Staff Report (ID # 5584) Meeting of December 2, 2025 Updated: 11/24/2025 1:47 PM by Dina Lewis Page 2
Standard Financial Model of Affordable Housing Projects: The typical financial model of an affordable project prioritizes long-term affordability and operational viability over generating sufficient cash flow to fully pay off all lenders. It is common for soft lenders such as the City to not be fully repaid at the end of the initial loan term. Soft (or deferred) loan repayments are contingent on excess cash flow which is the surplus cash that remains after paying operating expenses, debt service obligations, and other reserve contributions. Due to regulatory constraints on rents and escalating operational expenses, MidPen is currently not able to generate sufficient cash flow to meet the scheduled loan repayment obligation.

Five-Year Extension Consideration: All documentation submitted by MidPen was reviewed and analyzed by the City’s financial consultant, Mosaic Urban Development, a firm that specializes in affordable housing finance. The consultant has determined that MidPen’s request to extend the term of the loan agreement is reasonable and recommends staff approval.

Staff recommends that the City Council approve a five-year extension to the term of the loan agreement, from January 1, 2026, to January 1, 2031. The extension would provide MidPen the necessary time to complete a complex resyndication process under more favorable market conditions while still meeting the City’s objective for the property to be financially and physically sustainable over the long term. Staff will monitor progress to ensure that MidPen is taking proactive steps to finalize their resyndication plan.

FISCAL IMPACT: No additional City funding is provided as part of this loan extension. The City will continue to receive its share of residual receipts of varying amounts from the project which will be used to pay down the loan and interest. The loan term expires on January 1, 2031, at which time the full loan amount (principal plus accrued interest) is due and payable.

ENVIRONMENTAL REVIEW: The City’s approval of the extension of loan term is exempt from the California Environmental Quality Act (CEQA) pursuant to, without limitation, and each as a separate and independent basis, CEQA Guidelines Sections 15301 Existing Facilities, 15061(b)(3) Review for Exemption, and/or 15378(b)(2), (4), and/or (5) Project.

The action is a governmental fiscal or administrative action to refinance an existing multi - family development which will have no potential to have a significant adverse effect on the environment, directly or indirectly.

ATTACHMENTS:
• Draft Resolution MidPen Pickering Loan Extension

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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 EXTEND THE

TERM OF EXISTING CITY LOAN AGREEMENT WITH PICKERING
ASSOCIATES, L.P., AN AFFILIATE OF MIDPEN HOUSING
(MIDPEN) AND MAKING FINDINGS OF CEQA EXEMPTION

WHEREAS, MidPen Housing, a 501(c)(3) non-profit organization, currently owns and manages Pickering Place through its affiliate Pickering Associates, a California Limited Partnership; and

WHEREAS, Pickering Place, located at 20 W. Pickering Avenue in Fremont, is a 43-unit existing affordable housing development opened in 1997, funded in part by a $1,954,045 interest- bearing loan from the Redevelopment Agency of the City of Fremont (“City”); and

WHEREAS, MidPen requested the City extend the term of its loan that matures January 1, 2026, for five years, to January 1, 2031; and

WHEREAS, due to highly competitive financial markets, MidPen has not been able to resyndicate or refinance the property, but MidPen believes the financial landscape for resyndication such that the property could be refinanced in the next few years; and

WHEREAS, with its request, MidPen provided multiple supporting documents including an operating budget, a Capital Needs Assessment, an 11-year cash flow proforma, MidPen’s updated rent policy and rent schedule, current rent roll and an amended Partnership Agreement; and

WHEREAS, the submitted documentation was reviewed and analyzed by the City’s financial consultant, Mosaic Urban Development, who determined that MidPen’s request is reasonable and recommends approval; and

WHEREAS, City staff recommends a five-year extension to the term of the loan agreement, from January 1, 2026, to January 1, 2031, that will provide MidPen necessary time to complete a complex resyndication process under more favorable market conditions.

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Attachment: Draft Resolution MidPen Pickering Loan Extension (5584 : Pickering Place Loan Extension) Resolution 2025-XX Page 2 of
3 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY:

1. Finds this action to be exempt from the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15061(b)(3) and/or 15378(b)(2), (4) and/or (5), and Section 15262 Feasibility and Planning Studies, each as a separate and independent basis, in that it is a governmental fiscal or administrative action that will have no potential to impact the environment, directly or indirectly; and

2. Authorizes the City Manager or designee to amend the loan agreement and other implementing documents, and take such other actions as required to extend the term of the existing City loan agreement with Pickering Associates, L.P., an affiliate of MidPen Housing, to January 1, 2031.

ADOPTED December 2, 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

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Attachment: Draft Resolution MidPen Pickering Loan Extension (5584 : Pickering Place Loan Extension) Fremont City Council Meeting: 12/02/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5585) DOC ID: 5585
Updated: 11/24/2025 1:54 PM by Dina Lewis Page 1
MECHANICAL, ELECTRICAL AND PLUMBING DESIGN SERVICES - Approval of Agreements for On-Call Mechanical, Electrical and Plumbing Design Services in the Amount of $1,250,000 per Agreement with Advanced Design Consultants, Inc., American Consulting Engineers Electrical, Inc., Salas O’Brien, and YEI Engineers, Inc.; Make Findings of CEQA Exemption
Contact Persons:

Name: Edelzar Garcia Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4781 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the procurement of on-call MEP (mechanical, electrical, and plumbing) design consultant services as needed to support the City’s public works projects.

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 provide evaluation, peer review, design and development of plans on existing and new infrastructure related to mechanical, electrical and plumbing, for City facilities and capital improvement projects, on an as-needed basis.

DISCUSSION/ANALYSIS: In September 2025, the City solicited proposals for On-Call MEP design services. The selected consultants will work under a five-year Master Service Agreement. Twelve proposals were received from the following firms, listed alphabetically:

Advance Design Consultants, Inc., American Consulting Engineers Electrical, Inc., Bureau Veritas North America, Inc., EDesignC, Inc., Glumac, Integrated Project Solutions, Mintropy LLC, MK2 Engineers, NBA Engineering, Inc., Salas O’Brien, Syska Hennessy Group, and YEI Engineers, Inc.

An evaluation panel comprised of City staff evaluated all the proposals based on the Consultant’s qualifications, experience of assigned personnel, their ability to respond in a timely manner, completeness of the proposal, and their overall and local experience to perform the required services.

Based on the results of the evaluation process, staff recommends authorizing the approval of four separate master agreements for on-call MEP design services with: 1) Advance Design Consultants, Inc., 2) American Consulting Engineers Electrical, Inc., 3) Salas O’Brien, and 4) YEI Engineers, Inc., in the not-to-exceed amount of $1,250,000 per agreement, over a period of five years.

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Council Staff Report (ID # 5585) Meeting of December 2, 2025 Updated: 11/24/2025 1:54 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 the 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:

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Fremont City Council Meeting: 12/02/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5586) DOC ID: 5586
Updated: 11/24/2025 2:01 PM by Dina Lewis Page 1
BAY TRAIL GRANT FUNDING - MARSHLAND ROAD SEGMENT - Adopt Resolution of Project Compliance to Support Receipt of $1,000,000 in Regional Measure 3 Grant Funds and Adopt Resolution of Local Support for $1,500,000 in Regional One Bay Area Grant Cycle 3 Funds from the Metropolitan Transportation Commission for the Bay Trail Gap Closure – Marshland Road Segment Project (PWC9133); and Make Findings of CEQA Exemption
Contact Persons:

Name: Eric Hu Hans Larsen
Title: Principal Transportation Engineer Public Works Director Div/Dept: Public Works Public Works
Phone: 510-494-4542 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate receiving grant funding in the amount of $2,500,000 for preliminary engineering and environmental clearance for the Bay Trail Gap Closure – Marshland Road Segment project. The grant funds are from the Regional Measure 3 (RM3) and One Bay Area Grant Cycle 3 (OBAG 3) programs administered by the Metropolitan Transportation Commission (MTC). Receiving the grants requires City Council approval of a Resolution of Compliance and a Resolution of Local Support indicating the City’s commitment to implementing the project in accordance with MTC policies and procedures.

BACKGROUND: In collaboration with Alameda County Transportation Commission (ACTC), MTC, and Caltrans, the City of Fremont has led the development of three major projects along the East Bay side of the Dumbarton Bridge corridor. The projects are the I-880/Decoto Interchange Modernization Project, Decoto Road Complete Street Project, and the Dumbarton Bridge to Quarry Lakes Trail Project. Collectively, the three projects will create a continuous trail path from the Dumbarton Bridge Toll Plaza to the City of Fremont/Union City limit at Alameda Creek, ultimately providing a high -quality active transportation connection for East Bay residents to travel to and from the San Francisco Peninsula via the Dumbarton Bridge. The project corridor also provides connections from North Fremont neighborhoods to numerous local destinations such as: the Don Edwards Wildlife Refuge, Dumbarton Quarry Campground, Coyote Hills Regional Park, Ardenwood Business Park, Ardenwood Transit Center, Ardenwood Historic Park and Farm, and the Alameda Creek Trail.

A significant gap in the trail network is along Marshland Road between the existing path on the Dumbarton Bridge and the State Route 84 toll plaza. Since 2020, with separate Measure BB funding from ACTC, the City of Fremont has led the scoping of trail alternatives along Marshland Road in coordination with Caltrans, MTC, and Cargill (the owner and operator of the adjacent salt ponds). The project scoping phase is now complete, and the project is ready to proceed with the Preliminary Engineering and Environmental Document (PA/ED) phase of work.

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Council Staff Report (ID # 5586) Meeting of December 2, 2025 Updated: 11/24/2025 2:01 PM by Dina Lewis Page 2
DISCUSSION/ANALYSIS: Marshland Road currently serves as a low-volume access road to the Dumbarton Pier and other shoreline trails with less than 300 vehicles per day (including bicycle traffic). Marshland Road is also a critical segment of the overall Dumbarton active transportation corridor as well as a high priority regional trail gap within the regional Bay Trail network identified by MTC.

In Summer 2025, MTC agreed to fund the City’s efforts to further develop the trail segment along Marshland Road. In November 2025, MTC approved the programming of $1 million in RM3 funds and $1.5 million in OBAG 3 funds to the City of Fremont for the upcoming PA/ED phase of work. It is anticipated that the PA/ED phase will start in Spring 2026 and extend into Summer 2027. As part of the RM3 and OBAG 3 funding requirements, City of Fremont is required to adopt and submit a Resolution of Compliance and a Resolution of Local Support indicating the City’s commitment to implementing the project in accordance with MTC policies and procedures. Remaining project phases, including final design and construction, are currently unfunded for the Marshland Road trail segment.

FISCAL IMPACT: The City is submitting an allocation request for $1 million in RM3 funds and $1.5 million for the PA/ED phase of work for the Bay Trail Gap Closure – Marshland Road Segment project. The proposed RM3 Implementing Agency Resolution and MTC Resolution of Local Support defines the City’s role and responsibility in the use and management of the RM3 and OBAG 3 funds, as well as reaffirms the City’s overall commitment to the completion of the project PA/ED phase of work. There is an 11.47% funding match requirement for the OBAG 3 funds, which the City will use the programmed RM3 funds to satisfy. City staff time to manage the project work will be funded with local transportation fund sources (e.g. gas tax).

ENVIRONMENTAL REVIEW: The request for allocation of RM3 funds and adoption of a Resolution of Local Support is categorically exempt under Section 15061 9(b)(3) of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment. The recommended actions are considered administrative activities that are exempt from CEQA review. Consistent with CEQA requirements, appropriate environmental analysis and review for the Marshland Road trail segment will be completed as part of the upcoming PA/ED phase of work and is anticipated to be completed by the Summer of 2027.

ATTACHMENTS:
• Draft Reso of Project Compliance Allocation Request for MTC RM3 Grant • Draft Reso of Local Support for MTC OBAG 3 Grant

RECOMMENDATIONS:

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Council Staff Report (ID # 5586) Meeting of December 2, 2025 Updated: 11/24/2025 2:01 PM by Dina Lewis Page 3

3. Find the action is exempt from CEQA review per CEQA Guidelines, Section 150619(b)(3) which categorize administrative and funding activities as not a project.

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Resolution 2025-XX Page 1 of 4

RESOLUTION NO. 2025-XX

Implementing Agency: City of Fremont
Sponsor Agency: Bay Area Toll Authority

Project Title: Dumbarton Corridor Improvements (Project #17) Subproject Title (if applicable): Marshland Road Bay Trail Segment Gap Closure

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

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

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

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

WHEREAS, Bay Area Toll Authority is a sponsor of the Dumbarton Corridor Improvements (Project #17) in the Regional Measure 3 Expenditure Plan , under which the Marshland Road Bay Trail Segment Gap Closure is an intended sub-project; and

WHEREAS, the Dumbarton Corridor Improvements (Project #17) - Marshland Road Bay Trail Segment Gap Closure is eligible for consideration in the Regional Measure 3 Expenditure Plan, as identified in California Streets and Highways Code Section 30914.7(a); and

WHEREAS, Bay Area Toll Authority desires to designate the City of Fremont as an entity that is eligible to request Regional Measure 3 funds for the Dumbarton Corridor Improvements (Project #17) - Marshland Road Bay Trail Segment Gap Closure project; and

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

RESOLVED that the City of Fremont accepts Bay Area Toll Authority ’s designation as implementing agency for the project; and be it further

RESOLVED that the City of Fremont accepts Bay Area Toll Authority ’s delegation of responsibility for certifying the project and allocation request(s) comply with the requirements of

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Attachment: Draft Reso of Project Compliance Allocation Request for MTC RM3 Grant (5586 : BAY TRAIL GRANT FUNDING - MARSHLAND

Resolution 2025-XX Page 2 of 4

the Metropolitan Transportation Commission’s Regional Measure 3 Policies and Procedures; and be it further

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

RESOLVED, that the City of Fremont certifies that the Dumbarton Corridor Improvements (Project #17) - Marshland Road Bay Trail Segment Gap Closure is consistent with the Regional Transportation Plan (RTP); and be it further

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

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

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

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

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

RESOLVED, that the City of Fremont is authorized to submit an allocation request for Regional Measure 3 funds for the Dumbarton Corridor Improvements (Project #17) - Marshland Road Bay Trail Segment Gap Closure in accordance with California Streets and Highways Code 30914.7(a); and be it further

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

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

RESOLVED, that there is no pending or threatened litigation which might in any way adversely affect the proposed project, or the ability of the City of Fremont to deliver such project; and be it further

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Attachment: Draft Reso of Project Compliance Allocation Request for MTC RM3 Grant (5586 : BAY TRAIL GRANT FUNDING - MARSHLAND

Resolution 2025-XX Page 3 of 4

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

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

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

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

RESOLVED, that the City of Fremont authorizes the City Manager to execute and submit an allocation request for the Project Approval and Environmental phase with MTC for Regional Measure 3 funds in the amount of $1,000,000, for the project, purposes and amounts included in the allocation request attached to this resolution; and be it further

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

RESOLVED, that a copy of this resolution shall be transmitted to MTC in conjunction with the filing of the City of Fremont allocation request referenced herein.

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Attachment: Draft Reso of Project Compliance Allocation Request for MTC RM3 Grant (5586 : BAY TRAIL GRANT FUNDING - MARSHLAND

Resolution 2025-XX Page 4 of 4

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

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Attachment: Draft Reso of Project Compliance Allocation Request for MTC RM3 Grant (5586 : BAY TRAIL GRANT FUNDING - MARSHLAND Resolution 2025-XX Page 1 of 4

RESOLUTION NO. 2025-XX

Resolution of Local Support

Authorizing the filing of an application for funding assigned to MTC and committing any necessary matching funds and stating assurance to complete the project

WHEREAS, City of Fremont (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $1,500,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Carbon Reduction Program (CRP) funding, Transportation Alternatives (TA) set -aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Bay Trail Gap Closure – Marshland Road Segment Project (herein referred to as PROJECT) for the One Bay Area Grant 3 (herein referred to as PROGRAM); and

WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149), the Carbon Reduction Program (CRP) (23 U.S.C. § 175), and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and

WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and

WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT , and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and

WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and

WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and

WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and

WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:

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Attachment: Draft Reso of Local Support for MTC OBAG 3 Grant (5586 : BAY TRAIL GRANT FUNDING - MARSHLAND ROAD SEGMENT) Resolution 2025-XX Page 2 of 4

• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and • that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
• that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA - and CTC-funded transportation and transit projects implemented by APPLICANT; and
• in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and • in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and

WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and

WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and

WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and

WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY

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Attachment: Draft Reso of Local Support for MTC OBAG 3 Grant (5586 : BAY TRAIL GRANT FUNDING - MARSHLAND ROAD SEGMENT) Resolution 2025-XX Page 3 of 4

FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and be it further

RESOLVED that APPLICANT will provide any required matching funds; and be it further

RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and be it further

RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA - and CTC- funded transportation projects to coordinate within the a gency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA - and CTC-funded transportation and transit projects implemented by APPLICANT; and be it further

RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it further

RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and be it further

RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and be it further

RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be it further

RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it further

RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and be it further

RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further

RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and be it further

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Attachment: Draft Reso of Local Support for MTC OBAG 3 Grant (5586 : BAY TRAIL GRANT FUNDING - MARSHLAND ROAD SEGMENT) Resolution 2025-XX Page 4 of 4

RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further

RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further

RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and be it further

RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further

RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

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

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Attachment: Draft Reso of Local Support for MTC OBAG 3 Grant (5586 : BAY TRAIL GRANT FUNDING - MARSHLAND ROAD SEGMENT) Fremont City Council Meeting: 12/02/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5594) DOC ID: 5594
Updated: 11/26/2025 9:18 AM by Dina Lewis Page 1
MAYOR SALWAN REFERRAL: Appointment to Advisory Body
Contact Persons:

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

MAYOR SALWAN REFERRAL: Appointment to Advisory Body.

ATTACHMENTS:
• Economic Development Advisory Commission Applications

APPOINTMENT:

Advisory Body Appointee Terms Expire

Economic Development Advisory Commission Amy Davis 12/31/2029 At Large Representative

RECOMMENDATION: Approve appointment.

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Attachment: Economic Development Advisory Commission Applications (5594 : Mayor Salwan Referral: Appointment to Advisory Bodies; Boards &

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Attachment: Economic Development Advisory Commission Applications (5594 : Mayor Salwan Referral: Appointment to Advisory Bodies; Boards &

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Attachment: Economic Development Advisory Commission Applications (5594 : Mayor Salwan Referral: Appointment to Advisory Bodies; Boards &

7.B.1.a
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Attachment: Economic Development Advisory Commission Applications (5594 : Mayor Salwan Referral: Appointment to Advisory Bodies; Boards &

7.B.1.a
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Attachment: Economic Development Advisory Commission Applications (5594 : Mayor Salwan Referral: Appointment to Advisory Bodies;

7.B.1.a
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Attachment: Economic Development Advisory Commission Applications (5594 : Mayor Salwan Referral: Appointment to Advisory Bodies;

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Attachment: Economic Development Advisory Commission Applications (5594 : Mayor Salwan Referral: Appointment to Advisory Bodies;

7.B.1.a
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Attachment: Economic Development Advisory Commission Applications (5594 : Mayor Salwan Referral: Appointment to Advisory Bodies;

Fremont City CouncilDecember 2, 2025

Fremont City Council
December 2, 2025