Fremont City Council
March 1, 2022

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Raj Salwan, Vice Mayor
Teresa Keng, District 1
Rick Jones, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Teresa Cox, District 6

City Staff

Karena Shackelford, City Manager
Rafael Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager

Allen DeMers, Human Resources Director
Susan Gauthier, City Clerk
Curtis Jacobson, Fire Chief
Hans Larsen, Public Works Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Suzanne Shenfil, Human Services Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Suzanne Wolf, Community Services Director

Fremont City Council
Agenda and Report
March 01, 2022

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call

2. Consent Agenda

3. Ceremonial Items

4. Public Communications

5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees

6. Report from City Attorney

7. Other Business

8. Council Communications

9. Adjournment

IMPORTANT NOTICE REGARDING THE

CITY COUNCIL MEETING
This meeting is being conducted utilizing
teleconferencing and electronic means Pursuant to
Government Code Section 54953(e) (Assembly Bill
361), The live stream of the meeting may be viewed
on the City of Fremont’s website at
www.Fremont.gov/Channel27 , which also provides
a link to the live stream; or, on Comcast Channel 27.

Please note at this time, Channel 27 is only
available to Comcast cable subscribers. The public
may only view the meeting on television and/or
online and not in the Council Chamber.

Submission of Public Comments: For those wishing
to make public comments at the March 1, 2022
Council meeting, you may either: (1) submit your
comments by email prior to the meeting, or (2) by
Spoken Public Comment during the meeting. If you
experience technical problems with the telephonic
meeting, please contact the City Clerk’s Office at
(510)284-4060 or [email protected] .

See instructions on next page.

Agenda and Report - Fremont City Council Meeting - March 01, 2022

March 1, 2022 Fremont City Council Agenda Page 2
How to submit Public Communications / Public Comment by email prior to the meeting:

Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number 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, 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 during a public comment portion of the zoom meeting, submit the pdf formatted document(s) to the email above by the noted deadline. Use the “raise hand” feature to request to speak. When called upon by the Mayor, City staff can share the document(s) while you are speaking during the time allotted.

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:
1) By phone 833-430-0037 (toll free). Webinar ID: 914 0108 0991. Click *9 to raise a hand to speak. 2) By online https://zoom.us/j/91401080991
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak.
d. When called, please limit your remarks to the time limit allotted.

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] prior to the meeting for assistance.

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 Address the City Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

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. Please 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 will limit the length of your presentation (see instructions on speaker card) and each speaker may only speak once on each agenda item.

The City Council Agendas may be accessed by computer at the following World Wide Web Address:
www.fremont.gov

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

Your interest in the conduct of our City’s business is appreciated.

March 1, 2022 Fremont City Council Agenda Page 3
Agenda
Fremont City Council Regular Meeting
March 01, 2022
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements by Mayor / City Manager

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

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.)

B. APPROVAL OF MINUTES – for the Regular Meeting of February 8, 2022 and the Special and Regular Meetings of February 15, 2022 Contact Persons:

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

RECOMMENDATION: Approve minutes.

C. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE TITLE 12, STREETS, SIDEWALKS AND PUBLIC PROPERTY, CHAPTER 12.25 SECTIONS

12.25.010, 12.25.040, 12.25.050 AND 12.25.120
RECOMMENDATION: Adopt ordinance.

March 1, 2022 Fremont City Council Agenda Page 4
D. PURCHASE OF FLEET VEHICLES - Approval of Purchase Order with Tymco, Inc. for the Purchase of One Street Sweeper in an Amount Not to Exceed $345,280.95; with Peterson Trucks, Inc. for the Purchase of One Dump Truck in an Amount Not to Exceed $140,993.69 and; with The Ford Store San Leandro for the Purchase of Seven Police Vehicles in an Amount Not to Exceed $354,163.89. Exempt from CEQA Review per Guideline 15061.

Contact Persons:

Name: Mark Collins Hans Larsen
Title: Fleet Maintenance Manager Public Works Director
Dept: Maintenance Public Works
Phone: 510-979-5739 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or Designee to execute a purchase order with Peterson Trucks, Inc. for the purchase of one dump truck in an amount not to exceed $140,993.69.

2. Authorize the City Manager or Designee to execute a purchase order with Tymco, Inc. for the purchase of one street sweeper in an amount not to exceed $345,280.95.

3. Authorize the City Manager or Designee to execute a purchase order with The Ford Store San Leandro for the purchase of seven Ford Utility Hybrids in an amount not to exceed $354,165.89.

E. WARM SPRINGS BART WEST ACCESS BRIDGE AND PLAZA PROJECT - Authorization to Amend a Professional Services Agreement with MNS Engineers, Inc., in an amount not to exceed $300,000 for Construction Management Services related to the Warm Springs BART West Access Bridge and Plaza Project (PWC 8804), for a Total Contract Amount Not to Exceed $2,851,020
Contact Persons:

Name: Mirabel Aguilar Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4761 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Reallocate funds of $300,000 from PWC 9041-514 and appropriate to PWC 8804-514.

2. Authorize the City Manager or her designee to execute an Amendment to the Professional Services Agreement with MNS Engineers, Inc., in an amount not to exceed $300,000, for Construction Management Services for the Warm Springs BART West Access Bridge and Plaza Project for a total contract amount not to exceed $2,851,020.

F. CALIFORNIA ASSOCIATION OF FOOD BANKS AGREEMENT - Approve a Three Year Agreement with California Association of Food Banks for participation in the CalFresh Outreach program and Making Finding of CEQA Exemption
Contact Persons:

Name: Alina Kwak Suzanne Shenfil
Title: Management Analyst II Director
Dept: Human Services Department Human Services Department Phone: 284-4014 510-574-2051
E-Mail: [email protected] [email protected]
March 1, 2022 Fremont City Council Agenda Page 5
RECOMMENDATION: Authorize the City Manager or her designee to enter into a Memorandum of Understanding (MOU) with the California Association of Food Banks (CAFB) for the federal fiscal years beginning October 1, 2021 and ending September 30, 2024. Also, approve this contract for review by the California Department of Social Services and the United States Department of Agriculture.

G. CAPITAL PROJECT CLOSEOUTS - Approve the Closeout of Completed Capital Projects and Partial Defunding of Selected Projects; and Approval of Fund Transfers and Appropriations
Contact Persons:

Name: Michelle Silva-Salinas Hans Larsen
Title: Business Manager Public Works Director
Dept: Public Works Public Works
Phone: 510-979-5705 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Approve the closeout of the capital projects identified on Exhibit A - Project Closeout List and return the remaining project appropriations to available fund balance in their respective funds.

2. Approve the defunding of the capital projects identified on Exhibit B - Project Defund List and return the remaining project appropriations to available fund balance in their respective funds.

3. Approve appropriation actions identified on Exhibit C - Project Appropriations List.

3. Ceremonial Items
A. Resolution: 125th Anniversary of the Country Club of Washington Township Women’s Club
B. Proclamation: Women’s History Month - Celebrate our Elected Women to Fremont City Council Past and Present

4. Public Communications
A. Oral and Written Communications

INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT

CALENDAR

March 1, 2022 Fremont City Council Agenda Page 6

5. Scheduled Items
Redistricting Public Hearing #4 is Scheduled to Start at 7:15 p.m.

A. CITY OF FREMONT REDISTRICTING PROCESS PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING SECTIONS 2.05.130 AND

2.10.110 OF FREMONT MUNICIPAL CODE REGARDING THE REDRAWING

OF ELECTION DISTRICT BOUNDARIES AND MAKING CONFORMING
CHANGES DUE TO HAVING A SEVEN MEMBER CITY COUNCIL – Fourth Public Hearing on City of Fremont Redistricting Process, Start time - 7:15pm
Contact Persons:

Name: Amanda Gallo
Title: Management Analyst II
Dept: City Manager's Office
Phone: 510-284-4016
E-Mail: [email protected]

RECOMMENDATIONS:

1. Conduct a public hearing to receive additional public input on communities of interest and district boundaries.

2. Identify and select a final Council District Map.

3. Introduce ordinance amending the Fremont Municipal Code, sections 2.05.130 and 2.10.110.

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

B. PROPOSED DEVELOPMENT IMPACT FEE ANNUAL INFLATIONARY
INCREASE - Public Hearing (Published Notice) to Consider Adoption of a Resolution to Apply an Annual Inflationary Adjustment to the City’s Development Impact Fees, Including the Parkland Fee, Park Facilities Fee, Traffic Impact Fee, Capital Facilities Fee, and Fire Facilities Fee, Increasing the Fees in an Amount of 6.62%, Based on the Bay Area Construction Cost Index, Effective July 1, 2022.

Contact Persons:

Name: Michelle Silva-Salinas Hans Larsen
Title: Business Manager Public Works Director
Dept: Public Works Public Works
Phone: 510-979-5705 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Hold a public hearing to hear any public comments regarding the proposed impact fee adjustment.

2. Adopt a resolution approving a 6.62% increase to development impact fees for the Parkland Fee, Park Facilities Fee, Traffic Impact Fee, Capital Facilities Fee, and Fire Facilities Fee programs to reflect construction cost changes in 2021, effective July 1, 2022 and amending the Master Fee Schedule to include the increased fees.

6. Report from City Attorney - None.

March 1, 2022 Fremont City Council Agenda Page 7

7. Other Business - None.

8. Council Communications
A. Council Referrals - None.

B. Oral Reports on Meetings and Events

9. Adjournment
March 1, 2022 Fremont City Council Agenda Page 8

March 1, 2022 Fremont City Council Agenda Page 9

ACRONYMS

ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET

Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program

ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment

@
March 1, 2022 Fremont City Council Agenda Page 10

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 March 1, 2022 7:00 p.m. City Council Meeting Virtual Live March 8, 2022 7:00 p.m. City Council Meeting TBD Live
March 15, 2022 7:00 p.m. City Council Meeting TBD Live
March 22, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
March 22, 2022 No 7 PM City Council Meeting
(4th Tuesday)
March 29, 2022 No 7 PM City Council Meeting
(5th Tuesday)
April 5, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
April 12, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
April 19, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
April 26, 2022 *CANCELLED*
April 26, 2022 No 7 PM City Council Meeting
(4th Tuesday)
Monday,
May 2, 2022 5:30 p.m. Joint City Council/FUSD
Meeting City Hosts Live
May 3, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
May 10, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
May 17, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
May 24, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
May 24, 2022 No 7 PM City Council
Meeting (4th Tuesday)
May 31, 2022 No 7 PM City Council
Meeting (5th Tuesday)

Fremont City Council Meeting: 03/01/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4558) DOC ID: 4558
Updated: 2/24/2022 5:13 PM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Regular Meeting of February 8, 2022 and the Special and Regular Meetings of February 15, 2022
Contact Persons:

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

APPROVAL OF MINUTES – for the Regular Meeting of February 8, 2022 and the Special and Regular Meetings of February 15, 2022

ATTACHMENTS:
• Draft Minutes

RECOMMENDATION: Approve minutes.

2.B
Packet Pg. 11

*Consent Items

MINUTES

FREMONT CITY COUNCIL MEETING
FEBRUARY 8, 2022

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

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

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

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

D. Announcements by Mayor/City Manager

Mayor read a statement for community members interested in learning more about the HomeKey affordable housing Project at Motel 6 to visit the City’s website and look at the newly published Frequently Asked Questions document. www.Fremont.gov/HomekeyFAQs.

Mayor Mei announced the Boards and Commissions vacancies. City Manager Shackelford introduced staff.

2. CONSENT CALENDAR

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

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

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

Absent: None
Abstain: None

* B. Mayor Mei opened consideration of Approval of Minutes

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved minutes for the Regular Meeting of November 9, 2021, the Special Meeting of November 14, 2021, the Special and Regular Meetings of November 16, 2021, the Special and Regular Meetings of December 7, 2021, the Special and Regular Meetings of December 14, 2021, the Regular Meeting of January 11, 2022, and the Regular Meeting of January 18, 2022.

2.B.a
Packet Pg. 12
Attachment: Draft Minutes (4558 : Approval of Minutes - 2022-02-08 - 2022-02-15)

*Consent Items

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

Absent: None
A
bstain: None

* C. Mayor Mei opened considera tion of Approval Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council made the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:

1. The City Council has reconsider ed the circumstances of the COVID-19 state of emergency;

2. The state of emergency continues to directly impact the abil ity of the members to meet safely in person; and

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on March 8, 2022.

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

Absent: None
Abstain: None

* D. Mayor Mei opened consideration of to Introduce an Ordinanc e Amending the Special Events and Parades Ordinance and Adopt a Resolution Amending the Master Fee Schedule to Change City Staff Charges for Special Events

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

1. Waived full reading and intr oduce the proposed ordinance amending the Special Events and Parades Ordinance.

2. Adopted Resolution No. 2022-05 a mending the Master Fee Schedule for Special Event Staff Charges as outlined in Draft Resolution – Amend Master Fee Schedule Special Events.

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

Absent: None
Abstain: None

2.B.a
Packet Pg. 13
Attachment: Draft Minutes (4558 : Approval of Minutes - 2022-02-08 - 2022-02-15)

*Consent Items

3. CEREMONIAL ITEMS

A. Proclamation: Congenital Hear t Defect Awareness Week, February 7-14, 2022

B. Proclamation: Honoring Black History Month, February 2022

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

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

Alanda Johnson (representing Hayward South Alameda County NAACP) and Shamsa thanked the Council for recognizing Black History Month. The following persons spoke in support of Councilmember Cox, regarding her request for an additional Black History Month proclamation, which had not been approved for recognition by Mayor Mei: Selina McManus, Carolyn Fowler, Beatrice Cross, Lavere Foster (African American Community Service Agency), Rebekah Melesse, Zina Slaughter (President of the Rho Delta Omega Alpha Sorority Inc.), Jaime Walker , Sara Prada, Milam Balinton (African American Community Service Agency), Erika Albury (member of Alpha Kappa Alpha Sorority Inc.), and Rev. Wanda Johnson. Ronnie Forbes thanked Mayor Mei for her work to assist One Nation Dreammakers.

The following persons spoke in opposition of the HomeKey affordable housing Project at Motel 6: Dina Deshpande, Mis, Lei, Lucy Zhang, Gulu Gulu, Wendy Li, Faye, Annie Chang, Chung, Steve Chiu, Agu, James Li, Rolland Lam, Cherry, Clair, Min, Seemeen Mirza, Simon, Jess, Ping L., and Ali. The following persons spoke in support of the HomeKey affordable housing Project: Marie Hughes, Peggy Rahman (President of National Alliance on Mental Illness, Alameda County affiliate), Lisa Danz, NS, Katharine Rubie, Hayes Shair, Annie Koruga, and Vinita Verma. Clement shared comments and concerns regarding the Homekey project.

5. SCHEDULED ITEMS – None.

6. REPORT FROM CITY ATTORNEY – None.

7. OTHER BUSINESS

A. Mayor Mei opened considera tion of Approval of Direction for the Street Design Along Fremont Boulevard to Retain Four Vehicle Lanes (Two in Each Direction) in the Centerville Business District Area, Generally Between Thornton Avenue and Central Avenue, as Part of the Centerville Complete Streets Project (PWC 8946) (Centerville Complete Streets Project)

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

2.B.a
Packet Pg. 14
Attachment: Draft Minutes (4558 : Approval of Minutes - 2022-02-08 - 2022-02-15)

*Consent Items

Public Works Director Hans Larsen provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following persons shared comments or concerns regarding the project: Vinita Verma, Kathy Kimberlin, Annie Koruga, Chung, Andreas Kadavanich, Flavio Poehlmann, Kelly Abreu, William Yragui, Laura Winter, Steve Skala, Monique Chapman (Chair of the Senior Citizens Commission), and Bruce Brubaker. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Jones, seconded by Councilmember Shao, the City Council approval of direction for the street design along Fremont Boulevard to retain four vehicle lanes (two in each direction) in the Centerville business district area, generally between Thornton Avenue and Central Avenue, as part of the Centerville Complete Streets Project (PWC 8946).

A
yes: Ma yor Mei, Councilmembers: Keng, Jones, and Shao
Noes: Councilmem bers: Kassan and Cox

Absent: None
Recuse
d: Vice Ma yor Salwan (business/property interests)

8. COUNCIL COMMUNICATIONS

A. Council Referrals – None.

B. Oral Reports on Meetings and Events

Councilmembers reported on their various meetings and activiti es

9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 10:35 p.m.

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

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

2.B.a
Packet Pg. 15
Attachment: Draft Minutes (4558 : Approval of Minutes - 2022-02-08 - 2022-02-15)

MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
FEBRUARY 15, 2022

VIRTUAL MEETING VIA ZOOM
6:00 P.M.

Call to Order: Mayor Mei called the mee ting to order at 6:00 p.m.

Roll Call: Present: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, J ones, Kassan, Shao, and Cox

Public Comment: None.

CONVENED TO A CLOSED SESSION at 6:03 p.m.

CONFERENCE WITH LEGAL COUNSEL – LIABILITY CLAIMS
(Government Code Section 54956.95)

1. Sook He Choi v. City of Fremont, Claim No. 4172-P1-C1

2. Angel Gloria v. City of Fremont, Claim No. 4197-P1-C1

3. Jimmy Go v. City of Fre mont, Claim No. 4209-P1-C1

4. Frederick Bobbitt v. City of F remont, Claim No. 4185-P1-C1

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))

1. Terri Cooper v. City of Fremont , Alameda County Superior Court, Case No. HG20076568

2. Shacory Daniels v. City of Fre mont, US District Court for the Northern District of California, Case No. 3:20-cv-03977-EMC

3. Kenneth Davis v. City of Fremont , Alameda County Superior Court, Case No. RG20078697

4. Shahida Hassan v. City of Frem ont, Alameda County Superior Court, Case No. 21CV002766

5. Diane Hendry v. City of Fremont , Alameda County Superior Court, Case No. RG18915635

6. Miaolan Lee, et al. v. City of Fremont, US District Court fo r the Northern District of California, Case No. 3:21-cv-04661-CRB

7. Michelle Mondragon v. City of Fre mont, US District Court for the Northern District of California, Case No. 5:18-cv-01605-NC

8. Jonathan Tampico v. City of Fremont, US District Court for t he Northern District of California, Case No. 3:20-cv-02713-EMC

9. Van Trinh, et al. v. City of Fre mont, Alameda County Superior Court, Case No. RG20075420

10. Sunhill Enterprises v. City of Fremont, Alameda County Supe rior Court, Case No. RG17873584

11. City of Fremont v. Jacob Jaramillo, Alameda County Superior Court, Case No. HG21113779

12. City of Fremont v. Frank Freit as, Alameda County Superior Court, Case No. 22CV006048

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The Special Meeting of the Fremont City Council adjourned at 6:40 p.m.

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

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

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*Consent Items

MINUTES

FREMONT CITY COUNCIL MEETING
FEBRUARY 15, 2022

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

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

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

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

D. Announcements by Mayor/City Manager

Mayor Mei announced the Boards and Commissions vacancies.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: None.

* B. Approval of Minutes – None.

3. CEREMONIAL ITEMS – None.

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

The following persons spoke in opposition of the HomeKey affordable housing Project at Motel 6: David, Lei, Navin, Jane, CL, Luzhang, Dina Deshpande, James, and Fang. The following persons spoke in support of the HomeKey affordable housing Project: Jennifer Pare, Lisa Danz, Marie Hughes, Katherine, and Hayes Shair. Blair Beekman shared a variety of concerns. Sharon Scharff expressed their concerns in the Rancho Arroyo Parkway area.

5. SCHEDULED ITEMS

A. Mayor Mei opened considerati on of the Third Public Hearing on City of Fremont Redistricting Process, Start time - 7:15pm (Redistricting Process Public Hearing)

Management Analyst, Amanda Gallo provided an introduction. Kristen Parks, Consultant with the National Demographics Corporation provided a presentation. Mayor Mei opened the public hearing. The following persons commented on the presentation and/or maps: Kelly Abreu, Kathy Kimberlin, and John Hinds. There being no additional speakers, Mayor Mei closed

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*Consent Items

the public hearing. This was followed by a question and answer period. Councilmembers provided comment.

The City Council:

1. Received and filed a report on the public input received by the City of Fremont by February 6, 2022, regarding communities of interest and district boundaries.

2. Reviewed and discussed public input received by the City of Fremont by February 6, 2022, regarding communities of interest and district boundaries.

3. Conducted a public hearing to r eceive additional public input on communities of interest and district boundaries.

4. Identified at least one but not more than three priority maps to be reviewed at the fourth Redistricting Public Hearing to be held March 1, 2022.

B. Mayor Mei opened consideration of a Public Hearing (Publish ed Notice) to Consider Adoption of a Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program Prepared and Circulated for the Sabercat Trail Extension Project (PWC 8977) in Accordance with the Requirements of the California Environmental Quality Act; and Approval of the Project and Funding Actions to Enhance and Expand the Scope of Sabercat Trail Corridor (Sabercat Trail Extension Project)

Public Works Director Hans Larsen gave a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened the public hearing. The following persons commented on the presentation and/or expressed concerns: Jane, William Yragui, Katherine Rubie, Flavio, Andreas Kadavanich, and Dina Deshpande. There being no additional speakers, Mayor Mei closed the public hearing. This was followed by a question and answer period.

Councilmembers provided comment.

On a motion by Vice Mayor Salwan, seconded by Councilmember Shao, the City Council approved the following actions related to the Sabercat Trail Extension Project (PWC 8977):

1. Convened the Public Hearing.

2. Found that the Initial Study and M itigated Negative Declaration has been completed in compliance with CEQA and reflect the independent judgment and analysis of the City of Fremont.

3. Adopted the Draft Mitigated N egative Declaration and Mitigation Monitoring and Reporting Program as shown in Exhibit “A” and Exhibit “B,” and find, in accordance with CEQA Guidelines Section 15074, on the basis of the whole record before it (including the Initial Study and any comments received) that:
a. with implementation of the adopted mitigation measures, ther e is no substantial evidence that the project as mitigated will have a significant effect on the environment; and
b. that the Mitigated Negative D eclaration reflects the independent judgment and analysis of the City of Fremont

4. Approved the Sabercat Trail Extension Project (PWC 8977) and the following funding actions:
a. Reallocate $100,000 from PW C 8972-136 to PWC 9082-136 for the Existing Sabercat Trail Improvement Project (PWC 9082).

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*Consent Items

b. Reallocate $50,000 from PW C 8972-136 to PWC 9083-136 for the Sabercat Trail Extension to the East Bay Greenway Trail Project (PWC 9083). c. Reallocate $50,000 from PWC 8972-136 to PWC 9084-136 for the Sabercat Trail Extension to the Mission Peak Trail Project (PWC 9084).

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

Absent: None
Abstain: None

6. REPORT FROM CITY ATTORNEY – None.

7. OTHER BUSINESS – None.

8. COUNCIL COMMUNICATIONS

A. Council Referrals – None.

B. Oral Reports on Meetings and Events

Councilmembers reported on their various meetings and activiti es

9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 10:00 p.m.

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

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

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Attachment: Draft Minutes (4558 : Approval of Minutes - 2022-02-08 - 2022-02-15) Fremont City Council Meeting: 03/01/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4549) DOC ID: 4549
Updated: 2/23/2022 4:33 PM by Susan Gauthier Page 1

SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE TITLE 12, STREETS, SIDEWALKS AND PUBLIC PROPERTY, CHAPTER 12.25 SECTIONS 12.25.010,

12.25.040, 12.25.050 AND 12.25.120
Contact Persons:

Name: Susan Gauthier Amy Gee
Title: City Clerk Management Analyst II/Public
Affairs Coordinator
Div/Dept: City Clerk's Office Police Department
Phone: 510-284-4076 510-790-6967
E-Mail: [email protected] [email protected]

Executive Summary: Various City Departments, including Community Services, Police, and Public Works recently reviewed the Special Events and Parades Ordinance (FMC Chapter 12.25). City staff determined revisions are needed to align with current city practices and with anticipated future changes to the special event permitting process. It is also necessary to revise special event staff charge categories to align with services provided by the City and to update the Plaza Park category to align with the City’s upcoming Comprehensive Parks and Recreation Master Plan.

The ordinance was introduced by the City Council at its February 8. 2022 meeting. The ordinance is now before the Council for adoption.

ATTACHMENTS:
• Draft Ordinance - Special Events

RECOMMENDATION: Adopt ordinance.

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DRAFT

ORDINANCE NO. XX-2022

AN O RDINANCE OF THE CITY OF FREMONT AMENDING
FREMONT MUNICIPAL CODE TITLE 12, STREETS, SIDEWALKS
AND PUBLIC PROPERTY , CHAPTER 12.25 SECTIONS 12.25.010,

12.25.040, 12.25.050 AND 12.25.120

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

SECTION 1. FMC SECTION 12.25.010 AMENDED
Fremont Municipal Code Title 12, Chapter 12.25, Section 12.25.010 is amended to read as follows:

Sec. 12.25.010 Applicability – Permit required for special events.

Subsections (a) through (b) remain unchanged.
(c) This chapter does not apply to:
(1) Events on city owned property that are authorized pursuant to any lease to which the city is a party or by a license or permit issued by the city under any other authority, to the extent the application of this chapter would be inconsistent with such leases or licenses;
(2) Any event held solely within a city public park, community center or senior center, meaning that no organized portion of the event is scheduled for or intended to occur inside of the boundaries of a public park, or within a city community center or senior center. This exception from this chapter shall not apply to Neighborhood – Civic Parks and Plazas where city council has approved oversight under the recreation division of the community services department. For purposes of this chapter, “public park” and “Neighborhood – Civic Parks and Plazas” have the meanings ascribed to them n the city’s Comprehensive Parks and Recreation Master Plan.

SECTION 2. FMC SECTION 12.25.040 AMENDED
Fremont Municipal Code Title 12, Chapter 12.25, Section 12.25.040 is amended to read as follows:

Sec 12.25.040 Late applications.
(a) Any application received after the deadlines established in Section 12.25.030 is a late application and is subject to a late fee, in an amount set by resolution of the city council. The city manager shall not accept late applications unless the manager finds that:

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Attachment: Draft Ordinance - Special Events (4549 : Second Reading and Adoption of an Ordinance re: Amendments to Special Events Or)

(1) The proposed special event is in response to an occurrence whose timing did not reasonably allow the applicant to file a timely application; and (2) The imposition of the time limitations would place an unreasonable restriction on the free speech rights of the applicant.
(3) Other unforeseen circumstances may have prevented the applicant from applying within the established timeline.
(b) When the city manager or designee finds one or more of the above conditions to exist, the city manager or designee may consider acceptance of the application and process it in accordance with this chapter unless it does not meet the criteria set forth in Section

12.25.030, or there is insufficient time for the city to make the necessary preparations for traffic control or other public safety matters prior to the proposed date and time of the special event.

SECTION 3. FMC SECTION 12.25.050
Fremont Municipal Code Title 12, Chapter 12.25, Section 12.25.050 is amended to read as follows:

Sec. 12.25.050 Permits – Standards for issuance of denial - Notification. (a) The city manager shall issue a permit for a special event unless he or she determines that one or more of the following conditions exist:
(1) The application is incomplete for failure to provide the information required by Section 12.25.030;
(2) The applicant has not tendered the required application fee, deposit, or insurance certificate and endorsement(s), unless such tender has been waived as set forth in this chapter;
(3) The information contained in the application, including supplemental information provided if any, is found to be false in any material respect, the purpose of the event is contrary to law, and/or the applicant has failed to meet the city requirements for a permit;
(4) A special event permit has been issued and/or a prior application for a special event has been received for an event to be held at the same time and place; (5) The special event will unduly interfere with vehicular ingress to, egress from, or travel on a freeway, state designated highway, or major arterial collector street of the city;
(6) The special event will unreasonably interfere with fire or police protection, including presenting a substantial traffic or safety hazard;

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Attachment: Draft Ordinance - Special Events (4549 : Second Reading and Adoption of an Ordinance re: Amendments to Special Events Or)

(7) Event sizes or durations will require diversion of so great an amount of city safety services, it would divert an undue amount of resources from other city needs, particularly of safety services to other areas of the city; (8) The security arrangements that have been made are inadequate; (9) One or more of the applicants or persons whose name is shown on the application was also named on an application for a special event that resulted in a violation of this chapter or similar law in another jurisdiction within the 12 months preceding the current application;
(10) The special event is deemed to have adverse impacts to a residential area; (11) If the special event is proposed to be held on public property, the proposed special event would conflict with a previously scheduled and planned event or activity organized by the city for the same time and place as the proposed special event, however the event may be approved to allow established or recurring events that were previously held successfully in the city or to events that may have significant beneficial economic, public health, safety, or other impacts to the city; (12) The applicant, or person named in the application, or the organization on whose behalf the application is submitted has, on prior occasions, damaged city property and has not paid in full for such damages, or has other outstanding and unpaid debts to the city;
(13) The applicant is legally incompetent to contract or to sue and be sued; (14) The applicant fails or refuses to comply with any permitting requirements or conditions of approval.

Subsection (b) through (g) remain unchanged.

SECTION 4. FMC SECTION 12.25.120
Fremont Municipal Code Title 12, Chapter 12.25, Section 12.25.120 is added to read as follows:

Sec. 12.25.120 Fees.

Subsections (a) through (b) remain unchanged.
(c) The deposit for the estimated cost of city services as required by this section may be reduced or waived by the city manager or designee if the city manager or designee finds that the applicant is a recipient of city funding for such events or has a credit rating supporting such a waiver or reduction. Such finding shall be based upon a determination that none of the conditions set forth in subsection (d) of this section have occurred at past events organized, sponsored or conducted by the applicant or person(s) named in the application and that at least three of the following are the case:

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(1) The applicant has sufficient cash flow to cover the total estimated costs of the special event, plus any ongoing organizational expenses;
(2) The applicant has a consistent history of paying bills in a timely manner; (3) The applicant has no liens or fines by any local, state or federal agency; (4) The applicant has a credit rating of “good” by an established and widely recognized third party rating system such as Dunn and Bradstreet or a similar rating by a similar agency or organization.

Subsections (d) through (f) remain unchanged.

SECTION 5. CEQA
Amendments to Special Events and Parades Ordinance are an administrative government activity that is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Amendments to the Special Events and Parades Ordinance will clearly not have a significant effect on the environment and, thus, CEQA does not apply. The Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.

SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 8. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause the ordinance to be published again with the names of those City Council members voting for and against the

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ordinance; and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
* * *
The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the 8th day of February, 2022, and finally adopted at a regular meeting of the City Council held on the ____ day of _______, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
Sr. Deputy City Attorney

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Attachment: Draft Ordinance - Special Events (4549 : Second Reading and Adoption of an Ordinance re: Amendments to Special Events Or) Fremont City Council Meeting: 03/01/22 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance
Fremont, CA 94538 Category: Property Acquisitions & Dispositions

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4541) DOC ID: 4541
Updated: 2/23/2022 4:15 PM by Susan Gauthier Page 1
PURCHASE OF FLEET VEHICLES - Approval of Purchase Order with Tymco, Inc. for the Purchase of One Street Sweeper in an Amount Not to Exceed $345,280.95; with Peterson Trucks, Inc. for the Purchase of One Dump Truck in an Amount Not to Exceed $140,993.69 and; with The Ford Store San Leandro for the Purchase of Seven Police Vehicles in an Amount Not to Exceed $354,163.89. Exempt from CEQA Review per Guideline 15061.

Contact Persons:

Name: Mark Collins Hans Larsen
Title: Fleet Maintenance Manager Public Works Director
Div/Dept: Maintenance Public Works
Phone: 510-979-5739 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to authorize the purchase of one dump truck, one street sweeper, and seven police vehicles to replace current aging equipment.

BACKGROUND: The dump truck, street sweeper, and seven police vehicles that staff recommend for replacement have reached the end of their useful life and are incurring increased mechanical failures, downtime, and maintenance costs that require they be replaced before costs become prohibitive. The dump truck, street sweeper, and seven police vehicles are scheduled for replacement and funds for that purpose have been appropriated for Fiscal Year 2021/22. The dump truck is used for street maintenance, the street sweeper is used for solid waste removal operations, and the police vehicles will be replacing four patrol vehicles and three Community Service Officer (CSO) vehicles.

In 2021, staff met with departments and determined the vehicle make and models that would best meet their operational needs for the dump truck, the street sweeper, and the seven police vehicles. In December 2021, staff formally solicited bid #22-015 for the purchase of one dump truck and determined that the Peterson Trucks, Inc. provides the lowest and responsible bid for the dump truck.

Staff compared the available vendor pricing and contract pricing from other public agencies for the purchase of the sweeper and the seven police vehicles and determined the pricing from Tymco Inc. from the Houston-Galveston Area Council (HGAC) Contract #SW04-20 and the pricing from The Ford Store San Leandro from the Alameda County RFQ Master Contract #901979 provide fair and competitive pricing for the street sweeper and the seven police vehicles, respectively.

DISCUSSION/ANALYSIS: The City has the opportunity to realize cost savings for the purchase of one dump truck from Peterson Trucks, Inc. that provided the lowest and responsible bid; for the purchase of one street sweeper from Tymco, Inc. using the HGAC cooperative purchasing program that is a political subdivision of the state of Texas which offers publicly solicited contracts to government entities nationwide that uses public competitive solicitation and award process similar to the City’s that is required by the City’s

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Purchasing Code and; for the purchase of seven Utility Hybrids from The Ford Store San Leandro using the Alameda County RFQ Master Contract #901979.

Staff recommends that Council authorize the City Manager or designee to execute a purchase order with Peterson Trucks, Inc. for the purchase of the one dump truck in an amount not to exceed $140,993.69; with Tymco, Inc. for the purchase of one street sweeper in an amount not to exceed $345,280.95 and; with The Ford Store San Leandro in an amount not to exceed $354165.89.

Vehicle and Equipment Cost and Funding:

VEHICLE TYPE VENDOR CITY BID# OR

GOVERNMENT

PURCHASE CONTRACT

COST FUNDING
SOURCE

ONE DUMP
TRUCK

PETERSON
TRUCKS, INC.

CITY BID #22-015 $140,993.69 FUND 610
STREET

SWEEPER
TYMCO, INC. HGAC CONTRACT
#SW04-20
$345,280.95 FUND 115

SEVEN UTILITY

HYBRIDS

THE FORD

STORE SAN

LEANDRO

ALAMEDA COUNTY RFQ

MASTER CONTRACT
#901979
$354,165.89 FUND 610
TOTAL COST $840,440.53

FISCAL IMPACT: The FY 2021/22 adopted budget for the Vehicle Replacement Fund (Fund 610) is $2,167,529 and provides sufficient funds for the purchase of the dump truck and seven police vehicles. The FY 2021/22 adopted budget for the vehicle replacement reserve in the Integrated Waste Management Fund (Fund 115) has sufficient funding available for the purchase of one street sweeper.

ENVIRONMENTAL REVIEW: Purchase of this equipment is not subject to the review under the California Environmental Quality Act (CEQA) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per the CEQA Guidelines Section 15061 (b) (3).

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Authorize the City Manager or Designee to execute a purchase order with Peterson Trucks, Inc. for the purchase of one dump truck in an amount not to exceed $140,993.69.

2. Authorize the City Manager or Designee to execute a purchase order with Tymco, Inc. for the purchase of one street sweeper in an amount not to exceed $345,280.95.

3. Authorize the City Manager or Designee to execute a purchase order with The Ford Store San Leandro for the purchase of seven Ford Utility Hybrids in an amount not to exceed $354,165.89.

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Fremont City Council Meeting: 03/01/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4539) DOC ID: 4539
Updated: 2/24/2022 10:20 AM by Susan Gauthier Page 1

WARM SPRINGS BART WEST ACCESS BRIDGE AND PLAZA PROJECT - Authorization to Amend a Professional Services Agreement with MNS Engineers, Inc., in an amount not to exceed $300,000 for Construction Management Services related to the Warm Springs BART West Access Bridge and Plaza Project (PWC 8804), for a Total Contract Amount Not to Exceed $2,851,020 Contact Persons:

Name: Mirabel Aguilar Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4761 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the funding of unanticipated construction management services required for the completion of construction of the Warm Springs BART West Access Bridge and Plaza Project.

BACKGROUND: The Construction Management Services agreement for the Warm Springs BART West Access Bridge and Plaza Project was awarded to MNS Engineers (formerly S&C Engineers) on March 28, 2018. Project construction began in August 2018. The overall project cost is $41 million. The West Access Bridge and the Warm Springs Plaza opened to the public on February 3, 2022 and the project is currently anticipated to be complete by March 2022.

DISCUSSION/ANALYSIS: The schedule for construction of the West Access Bridge and Plaza Project was extended due to a variety of unexpected issues and challenges. This required additional construction management support services. The recommended amendment will provide funding for MNS Engineers to complete recent and future tasks to “close-out” the project, including support for final inspections, testing, and documentation.

FISCAL IMPACT: Additional funding is needed to execute this amendment. Staff recommends reallocating $300,000 from the Regional Funding Projects Match (PWC 9041) appropriation. With reallocation of these funds to the project, there will be sufficient funds available to execute this amendment.

ENVIRONMENTAL REVIEW: On January 12, 2016, the City Council approved and adopted a mitigated negative declaration and mitigation monitoring and reporting plan for this project. No changes to the project or its circumstances have occurred, and no new information has become available, since adoption of the project mitigated negative declaration that would require preparation of additional environmental documentation.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Reallocate funds of $300,000 from PWC 9041-514 and appropriate to PWC 8804-514.

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2. Authorize the City Manager or her designee to execute an Amendment to the Professional Services Agreement with MNS Engineers, Inc., in an amount not to exceed $300,000, for Construction Management Services for the Warm Springs BART West Access Bridge and Plaza Project for a total contract amount not to exceed $2,851,020.

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Fremont City Council Meeting: 03/01/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4546) DOC ID: 4546
Updated: 2/23/2022 4:23 PM by Susan Gauthier Page 1
CALIFORNIA ASSOCIATION OF FOOD BANKS AGREEMENT - Approve a Three Year Agreement with California Association of Food Banks for participation in the CalFresh Outreach program and Making Finding of CEQA Exemption Contact Persons:

Name: Alina Kwak Suzanne Shenfil
Title: Management Analyst II Director
Div/Dept: Human Services Department Human Services Department Phone: 284-4014 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: The Fremont Family Resource Center Corporation has contracted with the California Association of Food Banks every year since 2008 to provide CalFresh Outreach activities assisting low-income families to learn about and enroll in CalFresh (formerly known as Food Stamps, or the federal name SNAP – Supplemental Nutrition Assistance Program).

BACKGROUND: CalFresh is the name for California's Food Stamp Program. CalFresh is a Supplemental Nutrition Assistance Program (SNAP) that provides assistance for households to purchase nutritious food. The program uses an easy credit card format called Electronic Benefit Transfer (EBT) to purchase food at retail stores and farmers markets. The California Association of Food Banks (CAFB) is a statewide umbrella organization supporting California food banks and food assistance programs. CAFB's CalFresh Outreach Program is funded from the United States Department of Agriculture (USDA) Food and Nutrition Services.

Funding is administered as a cost reimbursement. For every $1,000 of non-federal money spent and billed by a partner organization on allowable food stamp activities, $333 is reimbursed to the partnering organization.

DISCUSSION/ANALYSIS: It is estimated that statewide only 70% of eligible California households are enrolled. California has one of the lowest SNAP participation rates in the nation. 40% of Alameda County eligible families do not yet receive the benefit, and outreach and assistance is needed to inform and assist families to access this benefit. Every $5 in new food stamp benefits generates $9.20 in total community spending1.

In the years that the FRC has been participating in this program, hundreds of eligible families have become enrolled. While California’s participation rate continues to lag far behind the national average, the FRC is assisting to inform eligible Tri-City families about CalFresh, thereby helping low-income families secure the support they need for a healthy diet.

1 Hanson, Kenneth, and Elise Golan (2002). Effects of Changes in Food Stamp Expenditures Across the U.S.

Economy. Washington,
DC: U.S. Department of Agriculture, Economic Research Service. Available at http://www.ers.usda.gov/publications/fanrr26/fanrr26-
6/fanrr26-6.pdf. Note: Economic effect of increasing food stamps measured for the whole U.S. economy. It may vary by location.

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FISCAL IMPACT: Reimbursement for CalFresh Outreach is determined by quarterly time studies, when staff track their time spent on CalFresh Outreach activities. Invoices are prepared by the department and submitted through Finance quarterly based on the time studies. The budgets submitted at the time of application represent our best estimate of how much time staff will spend on these activities. This program provides funding to support staff activities that are a part of our mission and responsibility. No new staff is hired for this contract. The maximum reimbursement for CalFresh Outreach activities is the following:

Term Reimbursable Amount
October 1, 2021-September 30, 2022 Up to $43,161
October 1, 2022-September 30, 2023 Up to $44,297
October 1, 2023-September 30, 2024 Up to $45,469
Total: Up to 132,927

FY 2021/22 is $43,161, which was anticipated and appropriated in the FY 2021/22 Adopted Budget.

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

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager or her designee to enter into a Memorandum of Understanding (MOU) with the California Association of Food Banks (CAFB) for the federal fiscal years beginning October 1, 2021 and ending September 30, 2024. Also, approve this contract for review by the California Department of Social Services and the United States Department of Agriculture.

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Fremont City Council Meeting: 03/01/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Public Projects

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4548) DOC ID: 4548
Updated: 2/23/2022 4:30 PM by Susan Gauthier Page 1
CAPITAL PROJECT CLOSEOUTS - Approve the Closeout of Completed Capital Projects and Partial Defunding of Selected Projects; and Approval of Fund Transfers and Appropriations
Contact Persons:

Name: Michelle Silva-Salinas Hans Larsen
Title: Business Manager Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-979-5705 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this staff report is to facilitate administrative adjustments to the City’s Capital Budget that consist of: returning unused appropriations to their respective funds; transferring unused appropriations to existing projects; and exchanging the source of project funding. The recommended actions include “closing out” funding accounts for 21 completed projects.

BACKGROUND: The City’s current 5-Year CIP and Capital Budget was approved in June 2021 and includes investments in the amount of approximately $199 million for the repair and improvement of the City’s parks, buildings and transportation system. The City currently manages over 200 capital projects in various stages of development that have received an appropriation of funds by the City Council. The majority of these projects are successfully managed by staff through project completion consistent with initial budget appropriation amounts. Staff also pursues funds from internal and outside sources whenever possible to either wholly fund or offset City project expenses.

Typically, during the mid-year timeframe, staff identifies various administrative adjustments to the Capital Budget for City Council approval to allow for: closing out completed projects; adapting to changing circumstances; and enabling the most effective use of funds.

DISCUSSION/ANALYSIS: The following describes various funding actions recommended in this staff report.

Project Closeouts

Upon completion of right-of-way acquisition, construction and other related activities, some capital projects have remaining budget appropriations. Historically, projects with over- expended balances are offset against projects with under-expended balances within the fund, and all are closed simultaneously. Staff periodically requests City Council approval to close projects, return unused funds to available fund balance for appropriation in the next Capital Budget cycle, return to granting agencies, or appropriate to active capital projects as reflected on the Project Closeout List (Exhibit A). The Project Closeout List includes 21 completed projects.

Project Defund and Reallocation of Funds

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Staff Report (ID # 4548) Meeting of March 1, 2022
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Staff has identified some active or ongoing projects with remaining appropriations that are in excess of current project needs or where it is beneficial to fund the project with another source of funding as shown on the Defund List (Exhibit B). The funds then are either made available for appropriation in the next Capital Budget cycle, returned to granting agencies, or appropriated to active capital projects.

Project Appropriations

As funds become available through project closeout and defunding, or from new funding allocations, eligible projects are identified to receive funds. Recommended appropriations include active projects receiving budget augmentation for project completion or continuation of existing programs and reallocation of funding sources. A list of project appropriation actions is included in Exhibit C.

FISCAL IMPACT: The recommended actions will return to fund balance approximately $4.61 million from project appropriations where funds are no longer needed and either redistribute them to previously approved projects in need of funding augmentation ($4.06 million) or make them available for future programming ($0.55 million).

ENVIRONMENTAL REVIEW: The recommended actions are exempt from the California Environmental Quality Act (CEQA) because they are an administrative fiscal activity and not projects pursuant to CEQA Guidelines section 15378.

ATTACHMENTS:
• Exhibit A - Project Closeout List
• Exhibit B - Defund/Reallocate List
• Exhibit C - Project Appropriations List

RECOMMENDATIONS:

1. Approve the closeout of the capital projects identified on Exhibit A - Project Closeout List and return the remaining project appropriations to available fund balance in their respective funds.

2. Approve the defunding of the capital projects identified on Exhibit B - Project Defund List and return the remaining project appropriations to available fund balance in their respective funds.

3. Approve appropriation actions identified on Exhibit C - Project Appropriations List.

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Exhibit A - Project Closeout
PWC
# Project Title
Unused Project
Funds to be
Released
Source Fund
7659 Decoto Bypass 33,960$
502 (Transfer to fund 501- General
Capital)
7722 Mowry & Guardino 41,071 502 (Transfer to fund 501- General Capital)
8460 Niles Blvd Bridge Replacement 347,462 136, 522
8627 Police Building Artwork 0 -
8777 Warm Springs Park Rec Room & Restroom Replacement 7,635 540 8835 Play Area Conversion to Syn. 0 -
8868 PBAG Phase 2 Downtown Bike & Ped 8,143 134, 501, 531 8880 Warm Springs Development Infrastructure 513,956 501, 531 8915 Blacow/Gatewood Traffic Signal 43,234 531
8916 Grimmer Seneca 6,106 531
8919 Washington Blvd Safety Improvements 23,693 518, 519, 522 8921 Sabercat Bank Stabilization 29,570 502 (Transfer to Fund 123 Environmental Services)
8941 Warming Center Fire Compliance 104,936 501
8948 Park Signs -424 540
8963 Traffic Safety Analysis Grant 11,550 525, 531
8970 18 Ped Xing Enhancement PH2 4,417 134
8976 Central Park Self Cleaning Restroom 290,000 501
8982 Stivers Lagoon Outdoor Classroom 33,783 502 (Transfer to Fund 123 Environmental Services)
8997 Citywide Trail Feasibility Study 37 520
9013 City Council Audio Visual Systems 0 -
9035 FRC Roof Replacement 1 501
Total Defund 1,499,129$
Note: Amounts are approximate, final amounts will be closed out to fund balance.

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Attachment: Exhibit A - Project Closeout List (4548 : CAPITAL PROJECT CLOSEOUTS) Exhibit B - Project Defund List
PWC
# Project Title
Unused Project
Funds to be
Released
Source Fund
9041 Regional Projects Funding Match $1,275,000 514, 515 9042 Traffic Signal Fremont / Lakeview Blvd. 450,000 531 8932 Grimmer Blvd ( Fremont to PPP) 300,000 136 8581 Dusterberry Park Development 1,022,842 540 8978 I880 Bike & Ped Trail Christy S Grimmer 60,000 531 Total Defund $3,107,842
Note: Amounts are approximate, final amounts will be closed out to fund balance.

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Attachment: Exhibit B - Defund/Reallocate List (4548 : CAPITAL PROJECT CLOSEOUTS) PWC # Project Title Appropriation Source Fund Source
8156 Washington / Paseo Padre Pkwy Grade Separation $100,000 531 Reallocate funds fromTraffic Signal Fremont / Lakeview project, PWC 9042 8475 Firing Range Lead Abatement 62,041 501 Available Fund Balance 8101 CIP Contingency 65,000 501 Available Fund Balance
7953 Traffic Imp. Program 500,000 514, 515 Reallocate funds from Regional Projects Funding Match, PWC 9041, Fund 514 $100,000, Fund 515, $400,000
8804 Warm Springs Area Infrastructure -West Access
Bridge and Plaza 690,715 514, 501, 531 Reallocate funds from Regional Projects Funding Match, PWC 9041, Fund 514 $500,000 & Available Fund Balance, Fund 501 $150,000, Fund 531 $40,715 8874 Bikeway Improvements 153,234 136, 531 Reallocate funds from Grimmer Blvd- Fremont Blvd to PPP project, PWC 8932, Fund 136 $50,000 & Available Fund Balance, Fund 136 $60,000, Fund 531 $43,234 8944 Pedestrian Improvements 275,000 515 Reallocate funds from Regional Projects Funding Match, PWC 9041 8907 Bike / Ped over 880 350,000 531 Reallocate funds fromTraffic Signal Fremont / Lakeview project, PWC 9042 9081 Mission Blvd Restriping 63,729 502 Accept and appropriate monies received from Robson Homes, LLC, in an amount of $63,729 to PWC9081 fund 502 for Mission Blvd Restriping 9077 Transportation Management Plan 100,000 702 to 502 Transfer developer contributions from Fund 702 and appropriate in Fund 502. 8393 Buildings Capital Replacement 460,000 501 Available Fund Balance 8573 Traffic Service Operations 250,000 136 Reallocate funds from Grimmer Blvd- Fremont Blvd to PPP project, PWC 8932 8839 Pacific Commons Sport Park 858,969 540 Reallocate funds from Dusterberry Neighborhood Park project, PWC 8581 9040 Electric Vehicle Infrastructure City Facility 20,000 501 Available Fund Balance 8661 Fremont Blvd Imp / S Cushing 10,000 519 Available Fund Balance 8995 Police Outdoor Firing Range 100,000 501 Available Fund Balance Total Appropriations $4,058,688
Exhibit C - Project Appropriations
Note: Amounts are approximate.

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Attachment: Exhibit C - Project Appropriations List (4548 : CAPITAL PROJECT CLOSEOUTS) Fremont City Council Meeting: 03/01/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Manager's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4554) DOC ID: 4554
Updated: 2/25/2022 9:18 AM by Susan Gauthier Page 1

CITY OF FREMONT REDISTRICTING PROCESS PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING SECTIONS 2.05.130 AND

2.10.110 OF FREMONT MUNICIPAL CODE REGARDING THE REDRAWING OF

ELECTION DISTRICT BOUNDARIES AND MAKING CONFORMING CHANGES DUE TO HAVING A SEVEN MEMBER CITY COUNCIL – Fourth Public Hearing on City of Fremont Redistricting Process, Start time - 7:15pm
Contact Persons:

Name: Amanda Gallo
Title: Management Analyst II
Div/Dept: City Manager's Office
Phone: 510-284-4016
E-Mail: [email protected]

Executive Summary: The Public Hearing scheduled for March 1, 2022, represents the fourth in a series of four public hearings required under the California Elections Code Section 21600 et seq. as part of the redistricting process undertaken following each decennial federal Census.

The purpose of this public hearing is to (1) conduct a public hearing to receive additional public input on communities of interest and district boundaries, and (2) identify a final Council District Map.

Staff also recommends the introduction of an ordinance amending Fremont Municipal Code Chapter 2.05 to remove the existing district boundaries from the Municipal Code and provide for the new boundaries to be established by a map adopted by resolution. The proposed ordinance also amends Fremont Municipal Code Chapter 2.10 to make a conforming change related to the expansion of the city council from 5 members to 7 members. The redistricting process must be completed by April 17, 2022.

BACKGROUND: In 2017, the City expanded the City Council from five members to seven members and began the transition from at-large to district-based elections. The district- based maps were adopted on June 13, 2017 by the City Council with an ordinance approving six new Council districts and a phase-in schedule from 2018-2020. The change from at-large to by-district elections requires the City to conduct a redistricting process every ten years.

Redistricting Public Hearing Recap
Public hearings for the City's 2021 Redistricting process were held in compliance with Elections Code Sections 21620-21629 on September 21, 2021, December 7, 2021, and February 15, 2022. This is the fourth and final public hearing required by law. The City also held an informational presentation of the redistricting process for the City Council, a community workshop providing training on public mapping tools, and informational presentations to community organizations and City commissions.

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Staff Report (ID # 4554) Meeting of March 1, 2022
Updated: 2/25/2022 9:18 AM by Susan Gauthier Page 2
At each public hearing, the City’s demographer consultant, National Demographics Corporation (NDC), provided a presentation of redistricting requirements under the federal Voting Rights Act and the California Voting Rights Act (CVRA).The City Council also received and filed reports on the public input received by the City of Fremont regarding communities of interest and district boundaries. All public input, staff reports, translated documents, and video recordings of Fremont Redistricting Public Hearings, can be found by date at https://redistrictfremont.org/schedule/.

At the second and third public hearings (December 7, 2021 and February 15, 2022) draft maps drawn by the public and NDC were presented to the City Council for their review. The City received 11 maps from the public, six of the maps drawn by the public met the basic criteria of redistricting under federal and state law, while five did not. All submitted maps can be found on the City’s redistricting website, www.redistrictfremont.org. Based on the discussion of the City Council, NDC has revised proposed maps to be presented at the fourth public hearing. The revised maps are attached to this report.

Public Outreach
An important aspect of the redistricting process is extensive public outreach. Information regarding public hearings has been posted in TriCity Voice (English), WorldJournal SF (Chinese), La Opinon de Bahia (Spanish), Vietnam Daily News (Vietnamese), and India Post (English, Punjabi, Hindi). Additionally, public hearing documents have been translated into eight languages and are posted on the City’s redistricting website, www.redistrictfremont.org. Redistricting information has also been included in the City’s weekly online newsletter, The Fremont Connection, Channel 27, and weekly informational posts have been shared on the City’s social media platforms.

City staff also presented the redistricting information in other public meetings, in addition to the four required public hearings.

The City of Fremont received a request to for live interpretation services in Cantonese and Mandarin for participants during the third public hearing on February 15, 2022. The City consulted with an interpretation vendor to provide these services with two Cantonese interpreters and two Mandarin interpreters.

DISCUSSION/ANALYSIS: Under the redistricting process, districts must be redrawn using 2020 Census data and in compliance with the Fair Maps Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020.

The Fair Maps Act requires that “council districts shall be substantially equal in population as required by the United States Constitution.” (Elections Code Section 21601(a)). A total deviation of 10% or below is the recommended target for proposed local government district maps to maintain legal compliance with federal and state law. After processing the City’s current district map with 2020 Census data, NDC found that it reflects a total population deviation of 10.62%. This value is above the 10% threshold and thus requires redrawing of the district map to comply with balanced populations across districts.

Additionally, under the Act, Council shall draw and adopt boundaries using the foll owing criteria in the listed order of priority (Elections Code Section 21601(c)):

1. Comply with the federal requirements of equal population and the Voting Rights Act

2. Geographically contiguous

3. Undivided neighborhoods and “communities of interest”

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Staff Report (ID # 4554) Meeting of March 1, 2022
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4. Easily identifiable boundaries

5. Compact (do not bypass one group of people to get to a more distant group of people)

6. Shall not favor or discriminate against a political party Once the prioritized criteria are met, other traditional districting principles can be considered.

Proposed Maps Reviewed under the Redistricting Process
The City received 11 maps from the public throughout the redistricting process. Six of the maps drawn by the public met the basic criteria of redistricting under federal and state law, while five did not. Each map that met the basic criteria was presented to the Council at the second or third public hearings with demographic analysis reports.

NDC presented three proposed draft maps to the City Council for review based on results of the City’s redistricting public survey, public comment, and feedback from Council. Each of these maps were also presented at the second or third public hearings with demographic analysis reports.

At the third public hearing, staff recommended that the City Council identify one to three priority maps to be reviewed at the fourth public hearing. The City Council provided extensive feedback and focused on three maps for NDC to attempt to revise for further review at the fourth public hearing. All maps submitted during this process, can be found on the City’s redistricting website, www.redistrictfremont.org.

City Council Feedback - Revised Maps for Public Hearing #4 The City Council directed NDC to perform analysis to revise Public Map 91604, Green Map Drawn by NDC, and the Minimal Change Map Drawn by NDC, for further review at the fourth public hearing. The City Council’s feedback provided that though these three maps met the redistricting criteria and balanced population deviation requirements, NDC should revise to attempt to further unify Fremont’s communities of interest. The City Council provided direction on the importance of maintaining unification of the City’s neighborhoods and business districts. Direction was given to revise the map options to attempt to unify the Centerville neighborhood and its business corridor in one district, either District 2 or District 3, to unify the Glenmoore neighborhood in one district either District 2 or 3, and to ensure the continued unification of the Irvington neighborhood.

NDC has attempted to make the Council requested revisions and has revised Public Map 91604 and the Green Map Drawn by NDC for presentation at the fourth public hearing. The Minimal Change Map Drawn by NDC could not be revised to meet the requested revisions by the City Council while maintaining the compactness of the communities of interest and population balance. The NDC Redrawn 91604 Map and Revised Green Map Drawn by NDC are attached to this report and will be reviewed for the final Council District Map selection.

Introduction of Ordinance Amendment
The Draft Ordinance proposes to make the following changes to the Fremont Municipal Code:

1. Fremont Municipal Code Section 2.05.130 currently establishes the City Council voting districts by describing the boundaries of each district. The proposed amendment removes the existing district boundaries from the Fremont Municipal

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Staff Report (ID # 4554) Meeting of March 1, 2022
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Code and provides for the new boundaries to be established by a map adopted by resolution of the City Council.

2. In 2017, when the City established elections by district, the City expanded the City Council from five to seven members. At that time, a number of conforming changes were made throughout the Fremont Municipal Code to reflect that change. However, Section 2.10.110 regarding the removal of the City Manager was not amended and that section still reflects the number of votes required for removal by a five-member City Council. The proposed amendment revises the vote requirement to reflect the change from five to seven members. Specifically, the amendment changes the number of votes required to remove the City Manager from three to four and when the vote occurs within 60 days after the City Manager’s appointment or a City Council election, the amendment changes the number of votes required from four to five to remove the City Manager.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The selection of a Council District Map and the introduction of the ordinance are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) in that it is not a project which has the potential for causing a significant effect on the environment.

ATTACHMENTS:
• Draft Redistricting Ordinance
• Revised Green Map Drawn by NDC
• NDC Redrawn 91604 Map

RECOMMENDATIONS:

1. Conduct a public hearing to receive additional public input on communities of interest and district boundaries.

2. Identify and select a final Council District Map.

3. Introduce ordinance amending the Fremont Municipal Code, sections 2.05.130 and 2.10.110.

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

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DRAFT
ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY OF FREMONT AMENDING
FREMONT MUNICIPAL CODE SECTIONS 2.05.130 AND

2.10.110 REGARDING ADOPTING COUNCIL DISTRICT

MAPS BY RESOLUTION AND OTHER CONFORMING

CHANGES

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

SECTION 1. FMC SECTION 2.05.130 AMENDED
Fremont Municipal Code Section 2.05.130 is amended in its entirety to read as follows:

Sec. 2.05.130 Establishment of city council electoral districts. Six City Council districts are hereby established in the City of Fremont. The boundaries and identifying number of each district shall be as described on the “Official City Council District Map” adopted by resolution of the City Council and on file in the Office of the City Clerk.” SECTION 2. FMC SECTION 2.10.110 AMENDED
Fremont Municipal Code Section 2.10.110 is amended in its entirety to read as follows:

Sec. 2.10.110 Removal. Removal of the city manager shall be only by a vote of at least four members of the city council at a regular meeting of the council; provided, that the vote of five members of the council shall be required to remove a city manager within 60 days after the city manager’s appointment or within the 60 days after any election at which one or more members are elected to the city council.

SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

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

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Attachment: Draft Redistricting Ordinance (4554 : CITY OF FREMONT REDISTRICTING PROCESS PUBLIC HEARING AND INTRODUCTION OF

-2-
SECTION 5. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause the ordinance to be published again with the names of those City Council members voting for and against the ordinance; and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
** *
The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ____ day of ___________, 2022, and finally adopted at a regular meeting of the City Council held on the ____ day of _______, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Mayor

ATTEST:

________________________________
City Clerk

APPROVED AS TO FORM:

_________________________________
City Attorney

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Attachment: Draft Redistricting Ordinance (4554 : CITY OF FREMONT REDISTRICTING PROCESS PUBLIC HEARING AND INTRODUCTION OF

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Attachment: Revised Green Map Drawn by NDC (4554 : CITY OF FREMONT REDISTRICTING PROCESS

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Attachment: Revised Green Map Drawn by NDC (4554 : CITY OF FREMONT REDISTRICTING PROCESS NDC Green REVISED
District 1
Total Pop 36,848
Deviation from ideal -1,593
% Deviation -4.14%
% Hisp 7.7%
% NH White 12%
% NH Black 3%
% Asian-American 76%
Total 20,155
% Hisp 9%
% NH White 20%
% NH Black 4%
% Asian/Pac.Isl. 67%
Total 18,573
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 37%
% Filipino-Surnamed 5%
% NH White est. 37%
% NH Black 6%
Total 15,272
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 37%
% Filipino-Surnamed 5%
% NH White est. 37%
% NH Black 6%
Total 9,820
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 34%
% Filipino-Surnamed 5%
% NH White est. 40%
% NH Black est. 6%
ACS Pop. Est. Total 37,847
age0-19 28%
age20-60 56%
age60plus 17%
immigrants 53%
naturalized 57%
english 33%
spanish 6%
asian-lang 42%
other lang 18%
Language Fluency Speaks Eng. "Less than Very Well" 18%
hs-grad 27%
bachelor 32%
graduatedegree 29%
Child in Household child-under18 52%
Pct of Pop. Age 16+ employed 68%
income 0-25k 4%
income 25-50k 9%
income 50-75k 7%
income 75-200k 46%
income 200k-plus 34%
single family 85%
multi-family 15%
rented 34%
owned 66%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. 2 38,784
343

0.89%
20%
21%
4%
52%
21,280
16%
39%
5%
39%
17,758
19%
18%
24%
4%
48%
6%
14,236
18%
17%
24%
4%
49%
5%
9,701
18%
17%
19%
3%
54%
5%
38,262
26%
57%
17%
44%
50%
43%
13%
29%
15%
18%
40%
26%
19%
42%
66%
9%
8%
12%
51%
20%
70%
30%
42%
58%
3 39,541
1,100

2.86%
14%
17%
3%
63%
21,393
16%
29%
7%
47%
15,485
17%
16%
26%
4%
45%
8%
12,265
17%
16%
26%
4%
45%
8%
7,857
17%
16%
23%
4%
48%
8%
41,362
20%
63%
16%
53%
39%
35%
9%
34%
22%
18%
30%
31%
27%
38%
70%
9%
9%
9%
53%
20%
43%
57%
63%
37%
4 38,079
-362
-0.94%
10%
22%
2%
64%
24,563
11%
34%
4%
50%
23,176
10%
9%
38%
2%
46%
3%
19,739
9%
9%
38%
2%
46%
3%
14,085
9%
9%
34%
2%
51%
3%
39,058
25%
54%
21%
42%
65%
45%
5%
33%
16%
16%
27%
32%
31%
43%
64%
7%
8%
11%
41%
34%
86%
14%
28%
72%
5 37,951
-490
-1.27%
4%
12%
1%
82%
22,957
5%
20%
2%
73%
22,600
4%
4%
54%
1%
36%
2%
19,027
4%
4%
54%
1%
37%
2%
12,229
4%
4%
50%
1%
40%
2%
38,433
26%
55%
20%
53%
67%
32%
2%
43%
23%
18%
18%
35%
39%
48%
63%
5%
5%
7%
40%
43%
88%
12%
19%
81%
6 39,443
1,002

2.61%
19%
17%
3%
58%
24,346
22%
30%
7%
40%
19,006
21%
19%
28%
3%
40%
7%
15,052
20%
19%
29%
4%
41%
7%
9,819
19%
18%
24%
3%
46%
8%
40,798
23%
61%
17%
47%
53%
36%
15%
32%
18%
22%
44%
23%
20%
40%
67%
9%
8%
12%
51%
20%
72%
28%
45%
55%
Total
230,646
2,693

7.01%
13%
17%
2%
66%
134,694
13%
29%
5%
52%
116,598
13%
12%
36%
3%
42%
5%
95,591
13%
12%
36%
3%
42%
5%
63,511
13%
12%
32%
3%
46%
5%
235,760
25%
58%
18%
49%
55%
37%
8%
35%
19%
18%
31%
30%
27%
43%
66%
7%
8%
10%
47%
28%
73%
27%
39%
61%
02/18/2022 15:09 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

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Attachment: Revised Green Map Drawn by NDC (4554 : CITY OF FREMONT REDISTRICTING PROCESS PUBLIC HEARING AND INTRODUCTION

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Attachment: NDC Redrawn 91604 Map (4554 : CITY OF FREMONT REDISTRICTING PROCESS PUBLIC

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Attachment: NDC Redrawn 91604 Map (4554 : CITY OF FREMONT REDISTRICTING PROCESS PUBLIC NDC 91064 REVISED
District 1
Total Pop 36,857
Deviation from ideal -1,584
% Deviation -4.12%
% Hisp 7.7%
% NH White 12%
% NH Black 3%
% Asian-American 76%
Total 20,156
% Hisp 9%
% NH White 20%
% NH Black 4%
% Asian/Pac.Isl. 67%
Total 18,581
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 37%
% Filipino-Surnamed 5%
% NH White est. 37%
% NH Black 6%
Total 15,277
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 37%
% Filipino-Surnamed 5%
% NH White est. 37%
% NH Black 6%
Total 9,823
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 34%
% Filipino-Surnamed 5%
% NH White est. 40%
% NH Black est. 6%
ACS Pop. Est. Total 37,850
age0-19 28%
age20-60 56%
age60plus 17%
immigrants 53%
naturalized 57%
english 33%
spanish 6%
asian-lang 42%
other lang 18%
Language Fluency Speaks Eng. "Less than Very Well" 18%
hs-grad 27%
bachelor 32%
graduatedegree 29%
Child in Household child-under18 52%
Pct of Pop. Age 16+ employed 68%
income 0-25k 4%
income 25-50k 9%
income 50-75k 7%
income 75-200k 46%
income 200k-plus 34%
single family 85%
multi-family 15%
rented 34%
owned 66%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. 2 37,387
-1,054
-2.74%
16%
25%
3%
53%
24,390
15%
40%
5%
38%
20,210
16%
15%
25%
3%
50%
6%
16,744
16%
15%
25%
3%
50%
6%
11,903
15%
14%
21%
3%
54%
6%
39,517
25%
55%
21%
39%
53%
50%
8%
27%
15%
16%
37%
29%
21%
41%
65%
10%
9%
13%
44%
25%
76%
24%
38%
62%
3 39,390
949

2.47%
18%
21%
3%
54%
21,362
17%
37%
4%
40%
17,825
19%
17%
24%
4%
49%
5%
14,259
18%
17%
24%
4%
50%
5%
9,653
17%
16%
19%
3%
55%
5%
38,108
24%
58%
17%
45%
50%
41%
13%
28%
18%
17%
41%
27%
19%
40%
67%
9%
9%
12%
53%
17%
63%
37%
47%
53%
4 39,655
1,214

3.16%
10%
14%
2%
72%
21,504
11%
23%
6%
59%
18,388
9%
8%
43%
2%
40%
5%
15,240
9%
8%
43%
2%
40%
5%
10,089
9%
8%
41%
2%
43%
5%
41,081
22%
62%
16%
55%
48%
32%
7%
40%
21%
19%
21%
33%
36%
41%
68%
6%
8%
7%
49%
30%
56%
44%
50%
50%
5 37,942
-499
-1.30%
4%
12%
1%
82%
22,955
5%
20%
2%
73%
22,592
4%
4%
54%
1%
36%
2%
19,022
4%
4%
54%
1%
37%
2%
12,226
4%
4%
50%
1%
40%
2%
38,431
26%
55%
20%
53%
67%
32%
2%
43%
23%
18%
18%
35%
39%
48%
63%
5%
5%
7%
40%
43%
88%
12%
19%
81%
6 39,415
974

2.53%
19%
17%
3%
58%
24,326
22%
30%
7%
40%
19,002
21%
19%
28%
3%
40%
7%
15,049
20%
19%
29%
4%
41%
7%
9,817
19%
18%
24%
3%
46%
8%
40,774
23%
61%
17%
47%
53%
36%
15%
32%
18%
22%
44%
23%
20%
40%
67%
9%
8%
12%
51%
20%
72%
28%
45%
55%
Total
230,646
2,798

7.28%
13%
17%
2%
66%
134,694
13%
29%
5%
52%
116,598
13%
12%
36%
3%
42%
5%
95,591
13%
12%
36%
3%
42%
5%
63,511
13%
12%
32%
3%
46%
5%
235,760
25%
58%
18%
49%
55%
37%
8%
35%
19%
18%
31%
30%
27%
43%
66%
7%
8%
10%
47%
28%
73%
27%
39%
61%
02/18/2022 14:27 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

5.A.c
Packet Pg. 49
Attachment: NDC Redrawn 91604 Map (4554 : CITY OF FREMONT REDISTRICTING PROCESS PUBLIC HEARING AND INTRODUCTION OF AN Fremont City Council Meeting: 03/01/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Fees & Rates

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4544) DOC ID: 4544
Updated: 2/23/2022 4:21 PM by Susan Gauthier Page 1

PROPOSED DEVELOPMENT IMPACT FEE ANNUAL INFLATIONARY INCREASE - Public Hearing (Published Notice) to Consider Adoption of a Resolution to Apply an Annual Inflationary Adjustment to the City’s Development Impact Fees, Including the Parkland Fee, Park Facilities Fee, Traffic Impact Fee, Capital Facilities Fee, and Fire Facilities Fee, Increasing the Fees in an Amount of 6.62%, Based on the Bay Area Construction Cost Index, Effective July 1, 2022.

Contact Persons:

Name: Michelle Silva-Salinas Hans Larsen
Title: Business Manager Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-979-5705 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to implement a fee adjustment to Development Impact Fees, based on annual construction cost escalation, to ensure that proposed mitigation to offset the community impacts associated with new development can be delivered.

BACKGROUND: The City of Fremont imposes fees on new development to mitigate its impacts and to fund public facility improvements that meet the needs of a growing community. These fees are commonly known as development impact fees. The City has five fee programs: two related to Parks (parkland acquisition, park facilities), one for Transportation (also known as the Traffic Impact Fee), and two for Civic Facilities (fire facilities/equipment, other city buildings/infrastructure/equipment). The City uses its impact fees to fund public facilities and improvements needed to serve new development. Impact fees are typically paid by developers at the time of building permit issuance. Impact fees cannot, however, be used to correct existing deficiencies or for the ongoing operation and maintenance costs of these facilities. Fee revenues are allocated to specific projects as part of the City’s 5-Year Capital Improvement Program (CIP).

DISCUSSION/ANALYSIS:

Adjustment of Development Impact Fees

Based on prior Council direction, the City annually adjusts Development Impact Fees to keep pace with the inflationary cost of infrastructure construction. The index most widely used in the construction industry is the Construction Cost Index (CCI) prepared by the Engineering News Record for the San Francisco Bay Area. This index takes into account the cost of construction materials and labor and is distinctly different from the Consumer Price Index. The currently published CCI reflects a 6.62% increase in construction costs over the past year. Consistent with past practice, staff recommends increasing all development fees by 6.62% effective July 1, 2022. It is noted that the annual construction cost escalation increase approved by the City Council, effective for the current fiscal year was 4.48%.

5.B
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Staff Report (ID # 4544) Meeting of March 1, 2022
Updated: 2/23/2022 4:21 PM by Susan Gauthier Page 2
State law requires a minimum 60-day period after council approves a fee increase before the increase can go into effect. Staff is recommending an annual adjustment in an amount of 6.62% to the development impact fees to be effective on July 1, 2022, which is more than the 60 days required by law. Proposed development impact fees are provided in Exhibit A.

Fee Reduction to Support Affordable Housing

On May 4, 2021, the City Council approved a comprehensive update to the City’s Development Impact Fee program which established a 50% reduced rate for development fees related to affordable housing. The recommended inflationary fee increase would apply “across the board” to all City development fees, including affordable housing. From a relative perspective, development fees related to affordable housing would continue to be discounted at a 50% rate.

PUBLIC NOTICE: A public hearing notice was published in the Tri-City Voice on February 15, 2022. Additionally, email notification to the public was sent to approximately 1,736 persons listed on the City’s eNews Notify Me subscribers of the Builder’s Interest list on February 10, 2022.

FISCAL IMPACT: The proposed adjustment of 6.62% to the development impact fees would ensure that new development is adequately funding its share of the costs of new public facilities as the costs to construct these projects increase over time. The annual adjustment to the impact fees provides for fees that better reflect construction cost increases to ensure the City does not subsidize new development’s share of these facilities and that adequate funding is available when the City is ready to construct the projects.

ENVIRONMENTAL REVIEW: The recommended action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that it is not a project which has the potential for causing a significant effect on the environment.

ATTACHMENTS:
• Draft Resolution - Development Impact Fees
• Exhibit A - Proposed Development Impact Fees - effective July 1, 2022

RECOMMENDATIONS:

1. Hold a public hearing to hear any public comments regarding the proposed impact fee adjustment.

2. Adopt a resolution approving a 6.62% increase to development impact fees for the Parkland Fee, Park Facilities Fee, Traffic Impact Fee, Capital Facilities Fee, and Fire Facilities Fee programs to reflect construction cost changes in 2021, effective July 1, 2022 and amending the Master Fee Schedule to include the increased fees.

5.B
Packet Pg. 51

DRAFT

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING AN INCREASE IN DEVELOPMENT IMPACT FEES TO

REFLECT INCREASES IN THE ENGINEERING NEWS RECORD

CONSTRUCTION COST INDEX FOR THE SAN FRANCISCO BAY
AREA

WHEREAS, the City has five Development Impact Fees, which are the Parkland Fee, the Park Facilities Fee, the Traffic Impact Fee, the Fire Facilities Fee, and the Capital Facilities Fees; these fees are administered in accordance with Fremont Municipal Code Section 18.290; and

WHEREAS, Government Code Section 66006(b) requires the City to make available to the public certain information regarding its development impact fee accounts each year; and

WHEREAS, on April 18, 2017, the City Council adopted Resolution No. 2017-20 to establish a process for the annual adjustment of development impact fees commensurate with the increase in the Engineering News Record-Construction Cost Index (ENR-CCI) for the San Francisco Bay Area, which measures the annual increases in general construction costs so that the impact fees will continue to generate sufficient funds to construct the facilities needed to serve new development, and to adjust the development impact fees by the percentage increase in the ENR-CCI for 2021; and
WHEREAS, the ENR-CCI for the San Francisco Bay Area indicates that general construction costs increased 6.62 percent in 2021; and
WHEREAS, on March 1, 2022, the City Council held a full and fair public hearing with respect to the proposed development impact fee adjustment where all members of the public had an opportunity to be heard, which hearing was noticed as required by law; and WHEREAS, the City Council now wishes to adjust the fees in accordance with the increase in the ENR-CCI for the San Francisco Bay Area and amend the City’s Master Fee Resolution (Resolution No. 8672 as amended) to reflect the revised rates set forth in Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference.

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

SECTION 1. Pursuant to Section 18.290 of the Fremont Municipal Code and Resolution 2017-20, the City Council approves a 6.62% ENR -CCI increase to the City’s development impact fees as shown on Exhibit “A”. Section 11.M of the Master Fee Schedule is amended to reflect the new fee rates, which shall be administered pursuant to the Impact Fee Ordinance .

5.B.a
Packet Pg. 52
Attachment: Draft Resolution - Development Impact Fees (4544 : DEVELOPMENT IMPACT FEE ANNUAL INFLATIONARY INCREASE)

SECTION 2. The Master Fee Schedule (adopted by Resolution No. 8672 and amended from time to time, including by this Resolution) shall be kept on file in the Office of the City Clerk.

SECTION 3. This implementing resolution shall be effective on July 1, 2022. Upon the effective date, this resolution shall supersede all previous resolutions which conflict with this Resolution, and all conflicting resolutions shall be deemed repealed without further action by the City Council.

ADOPTED, , 2022, 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 Sr. Deputy City Attorney II

5.B.a
Packet Pg. 53
Attachment: Draft Resolution - Development Impact Fees (4544 : DEVELOPMENT IMPACT FEE ANNUAL INFLATIONARY INCREASE)

Exhibit A
City of Fremont- Development Impact Fees, Effective July 1, 2022 Amend Master Fee Schedule Section 11.M. Development Impact Fees, Effective July 1, 2022 as follows:

KSF: Thousand square feet
KSF: Thousand square feet
Land Use
Capital
Facilities
Fire
Facilities Traffic Parkland
Park
Facilities
0 bedrooms (studios) $1,456 $273 $2,540 $5,181 $6,158
1 bedroom $1,969 $370 $2,540 $8,027 $9,236
2 bedrooms $2,925 $549 $2,837 $11,038 $12,932
3 bedrooms $3,744 $703 $2,837 $13,517 $16,011
4 bedrooms $4,393 $824 $4,319 $16,895 $19,706
>4 per bedroom $869 $163
See Note
4 $3,114 $3,694
Office (KSF) $1,136 $673 $6,309 0 0
Retail/Service (KSF) $675 $400 $8,638 0 0
Warehouse (KSF) $486 $402 $3,735 0 0
Light Industrial (KSF) $380 $225 $4,573 0 0
Manufacturing (KSF) $691 $410 $3,175 0 0
Research & Development (KSF) $876 $520 $4,530 0 0
Business Park (KSF) See Note 5
See Note
5 $5,335 0 0
Convalescent Home/Nursing Home (KSF) $380 $225 $4,277 0 0 Assisted Living/Congregate Care Facility
(KSF) $380 $225 $848 0 0
Hospital (KSF) $380 $225 $4,866 0 0
Religious Facility (KSF) $979 $581 $3,981 0 0
Schools, all (K-12) (KSF) $979 $581 $8,976 0 0
School, Vocation/Trade/Collegian (KSF) $979 $581 $11,178 0 0 Hotel/Motel (Room) $216 $128 $2,583 0 0

Notes:

1. Definitions application to land use categories from the Comprehensive Development Impact Fee Update Background Technical Report shall be used in applying the fees above.

2. Residential uses pay all five fees listed above.

3. Non-residential uses pay three fees, being: Capital Facilities; Fire Facilities; and Traffic fees.

4. Under the Traffic fee, residential units with more than four bedrooms pay the fee applicable to a 4- bedroom unit.

5.B.a
Packet Pg. 54
Attachment: Draft Resolution - Development Impact Fees (4544 : DEVELOPMENT IMPACT FEE ANNUAL INFLATIONARY INCREASE)

5. For uses paying the Traffic fee as a Business Park, the most applicable Capital Facilities and Fire Facilities fees would also apply (e.g., office, manufacturing).

6. Any qualifying project with deed-restricted affordable housing units shall pay Traffic, Parkland, and Park Facilities Fee, at a rate that is 50% of the rate showing above. Capital Facilities and Fire Facilities Fees shall be paid at the full rate shown above.

5.B.a
Packet Pg. 55
Attachment: Draft Resolution - Development Impact Fees (4544 : DEVELOPMENT IMPACT FEE ANNUAL INFLATIONARY INCREASE) Exhibit A
City of Fremont- Development Impact Fees, Effective July 1, 2022 Amend Master Fee Schedule Section 11.M. Development Impact Fees, Effective July 1, 2022 as follows:

KSF: Thousand square feet
Land Use
Capital
Facilities
Fire
Facilities Traffic Parkland
Park
Facilities
0 bedrooms (studios) $1,456 $273 $2,540 $5,181 $6,158
1 bedroom $1,969 $370 $2,540 $8,027 $9,236
2 bedrooms $2,925 $549 $2,837 $11,038 $12,932
3 bedrooms $3,744 $703 $2,837 $13,517 $16,011
4 bedrooms $4,393 $824 $4,319 $16,895 $19,706
>4 per bedroom $869 $163 See Note 4 $3,114 $3,694
Office (KSF) $1,136 $673 $6,309 0 0
Retail/Service (KSF) $675 $400 $8,638 0 0
Warehouse (KSF) $486 $402 $3,735 0 0
Light Industrial (KSF) $380 $225 $4,573 0 0
Manufacturing (KSF) $691 $410 $3,175 0 0
Research & Development (KSF) $876 $520 $4,530 0 0
Business Park (KSF) See Note 5 See Note 5 $5,335 0 0
Convalescent Home/Nursing Home (KSF) $380 $225 $4,277 0 0 Assisted Living/Congregate Care Facility
(KSF) $380 $225 $848 0 0
Hospital (KSF) $380 $225 $4,866 0 0
Religious Facility (KSF) $979 $581 $3,981 0 0
Schools, all (K-12) (KSF) $979 $581 $8,976 0 0
School, Vocation/Trade/Collegian (KSF) $979 $581 $11,178 0 0 Hotel/Motel (Room) $216 $128 $2,583 0 0

Notes:

1. Definitions application to land use categories from the Comprehensive Development Impact Fee Update Background Technical Report shall be used in applying the fees above.

2. Residential uses pay all five fees listed above.

3. Non-residential uses pay three fees, being: Capital Facilities; Fire Facilities; and Traffic fees.

4. Under the Traffic fee, residential units with more than four bedrooms pay the fee applicable to a 4-bedroom unit.

5. For uses paying the Traffic fee as a Business Park, the most applicable Capital Facilities and Fire Facilities fees would also apply (e.g., office, manufacturing).

6. Any qualifying project with deed-restricted affordable housing units shall pay Traffic, Parkland, and Park Facilities Fee, at a rate that is 50% of the rate showing above. Capital Faculties and Fire Facilities Fees shall be paid at the full rate shown above.

5.B.b
Packet Pg. 56
Attachment: Exhibit A - Proposed Development Impact Fees - effective July 1, 2022 (4544 : DEVELOPMENT IMPACT FEE ANNUAL