Agenda packet, regular meeting — Fremont City Council, May 17, 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

Geneva Bosques, Communications and
Legislative Affairs Director
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
May 17, 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 May 17, 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 - May 17, 2022

May 17, 2022 Fremont City Council 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: 818 9886 0345. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/81898860345
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.

May 17, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
May 17, 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 - None.

C. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE SECTION 18.47
(DOWNTOWN DISTRICT) TO ALLOW FOUR CURB CUTS ON THE

NORTHWEST SIDE OF CAPITOL AVENUE BETWEEN STATE STREET AND FREMONT BOULEVARD (PLN2022-00260)
RECOMMENDATION: Adopt ordinance.

D. CISCO CATALYST 9606R SWITCHES WITH SMART NET TOTAL CARE - Authorize the City Manger, or Designee, to Issue a Purchase Order, in an Amount of $409,526.67 to ConvergeOne Inc. for Two Cisco Catalyst 9600 Series switches and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary.

Contact Persons:

Name: David Yu Sanford Taylor
Title: Infrastructure Services
Manager
IT Director
Dept: Information Technology
Services
Information Technology Services
Phone: 510-494-4826 510-494-4802
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or Designee, to issue a purchase order, in an Amount of $409,526.67 to ConvergeOne Inc. for two (2) Cisco Catalyst 9600 Series switches, and to execute any implementing documents and take any implementing actions as necessary.

May 17, 2022 Fremont City Council Page 4
E. GENERAL SERVICES AGREEMENT FOR WEED AND WASTE ABATEMENT SERVICES - Authorize the City Manager or Designee to Execute the General Services Agreement with Imhof Tractor Services, Inc. for Weed and Waste Abatement Services Throughout the City
Contact Persons:

Name: Andrew Freeman Suzanne Wolf
Title: Business Manager Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATION: Award general services agreement through June 30, 2027 and authorize the City Manager or designee to execute the agreement with Imhof Tractor Services Inc., for a total not to exceed amount of $1,128,435.02. The contract not to exceed amount for fiscal year 2022/23 is $204,218.30 F. LOCAL HOUSING TRUST FUND (LHTF) FUNDING RECOMMENDATION - Resolution Approving $5 Million in LHTF to Finance the Development of the 3900 Thornton Affordable Housing Project and Authorizing the City Manager to Execute Agreements with Resource for Community Development and Making Findings of CEQA Exemption
Contact Persons:

Name: Sharon Jones Dan Schoenholz
Title: Special Assistant Community Development Director Dept: Community Development Community Development
Phone: 510-494-4500 510-494-4438
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a Resolution Approving $5 Million in LHTF to Finance the Development of the 3900 Thornton Affordable Housing Project and Authorizing the City Manager to Execute Agreements with Resource for Community Development.

G. STATE AFFORDABLE HOUSING GRANT - Resolution Authorizing Submission of a Grant Application to the State of California's Local Housing Trust Fund Program
Contact Persons:

RECOMMENDATION: Adopt a Resolution authorizing the City Manager, or designee, to submit an application for $5 million in grant funds from the State’s Local Housing Trust Fund (LHTF) Program, authorizing execution of a contract for LHTF Program funds if the City is selected for funding, and making findings of CEQA exemption.

May 17, 2022 Fremont City Council Page 5
H. BELL STREET GARDENS AFFORDABLE APARTMENTS – Adopt Resolution to Authorize the Execution of a Loan Agreement with Resources for Community Development to Include $1 Million in FY 2020/21 Federal HOME Funds for the Development of the Bell Street Gardens Affordable Apartments; and Appropriate $1 Million in Federal HOME Funds and Making Findings of CEQA Exemption
Contact Persons:

Name: Robert Lopez Lucia Hughes
Title: CDBG Administrator Housing Manager
Dept: Human Services Department Housing
Phone: 510-574-2043 510-494-4506
E-Mail: [email protected] [email protected]

RECOMMENDATION:

1. Adopt a resolution approving a loan of $1,000,000 in FY 2020/21 HOME funds to Resources for Community Development for the development of the Bell Street Gardens Affordable Apartments and authorizing the City Manager or designee to execute all necessary HOME-related implementing documents with Resources for Community Development and Alameda County.

2. Appropriate $1,000,000 in HOME funds (Fund 103) to the Bell Street Gardens Project.

I. VACATION OF EASEMENT AT 5588 CUSHING PARKWAY - Adopt a Resolution Summarily Vacating a portion of the Emergency Vehicle Access Easement at 5588 Cushing Parkway in Bayside Industrial Community Plan Area (PLN2022-00129)
Contact Persons:

Name: Kelly Reynolds Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Engineering Public Works
Phone: 510-494-4737 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Find the action is exempt from CEQA review.

2. Adopt resolution to vacate a portion of the Emergency Vehicle Access Easement at 5588 Cushing Parkway.

J. AB 361 - Consider 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
Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATION: Staff recommends that the City Council make 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 reconsidered the circumstances of the COVID-19 state of emergency;

2. The state of emergency continues to directly impact the ability of the members to meet safely in person; and
May 17, 2022 Fremont City Council Page 6

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on June 14, 2022.

3. Ceremonial Items
A. Proclamation: International Day Against Homophobia, Transphobia, and Biphobia
B. Proclamation: Harvey Milk Day
C. Proclamation: Older American Month

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

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items - None.

6. Report from City Attorney - None.

7. Other Business
A. FY 2022/23 PROPOSED OPERATING BUDGET - Presentation of Fiscal Year 2022/23 Proposed Operating Budget for the City of Fremont Contact Persons:

Name: David Persselin
Title: Finance Director
Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]

RECOMMENDATION: Accept staff’s budget presentation and provide comments.

8. Council Communications
A. Council Referrals - None.

B. Oral Reports on Meetings

9. Adjournment
May 17, 2022 Fremont City Council Page 7

ACRONYMS

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

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

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

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

May 17, 2022 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 May 17, 2022 6:00 p.m. City Council Meeting –
Closed Session
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)
June 7, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
June 14, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
June 21, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
June 28, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
June 28, 2022 No 7 PM City Council
Meeting (4th Tuesday)
July 5, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 12, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 19, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 26, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
August Recess – No City Council Meetings
September 6, 2022 7:00 p.m. City Council Meeting Council Chambers Live
September 13, 2022 7:00 p.m. City Council Meeting Council Chambers Live
September 20, 2022 7:00 p.m. City Council Meeting Council Chambers Live
September 27, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live

Fremont City Council Meeting: 05/17/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4618) DOC ID: 4618
Updated: 5/4/2022 3:30 PM by Susan Gauthier Page 1

SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE SECTION 18.47
(DOWNTOWN DISTRICT) TO ALLOW FOUR CURB CUTS ON THE NORTHWEST

SIDE OF CAPITOL AVENUE BETWEEN STATE STREET AND FREMONT BOULEVARD (PLN2022-00260)
Contact Persons:

Name: Susan Gauthier Courtney Pal
Title: City Clerk Associate Planner
Div/Dept: City Clerk's Office Planning
Phone: 510-284-4076 510-494-4532
E-Mail: [email protected] [email protected]

Executive Summary: The City is proposing an amendment to the Downtown Community Plan (DCP) and a Zoning Text Amendment to Fremont Municipal Code (FMC) Section 18.47 Downtown District to allow four curb-cuts on the northwest side of Capitol Avenue between State Street and Fremont Boulevard (collectively, the “proposed amendments”). Curb-cuts (or new driveways) are currently prohibited along this section of Capitol Avenue. The proposed amendments are being sought as part of a settlement agreement authorized by City Council with a downtown property owner, Sunhill Enterprises, LLC (“Sunhill”). Staff and the Planning Commission recommend that City Council approve the proposed amendments.

The ordinance was introduced by the City Council at its May 3, 2022 meeting. The ordinance is now before the Council for adoption.

ATTACHMENTS:
• Draft Ordinance Amending FMC 18.47 Downtown District

RECOMMENDATION: Adopt ordinance.

2.C
Packet Pg. 9

1 DRAFT

ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY OF FREMONT AMENDING
FREMONT MUNICIPAL CODE SECTION 18.47 (DOWNTO WN

DISTRICT) TO ALLOW FOUR CURB CUTS ON THE

NORTHWEST SIDE OF CAPITOL AVENUE BETWEEN STATE
STREET AND FREMONT BOULEVARD (PLN2022-00260)

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

SECTION 1. FMC SECTION 18.47.080 AMENDED

Fremont Municipal Code Table 18.47.080 is amended to read as follows (with text in double underline indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect:

Table 18.47.080

Required Site Development Standards for D District Place-Type Zones

Required Site Development
Standards D-CA D-MD D-E D-CC
Intensity/Density
Commercial: Minimum FAR 0.80 0.80 0.80 0.80
Residential: Minimum du/ac 50 50 50 Not applicable
Building Height
Minimum ground floor
commercial height, ground
floor to 2nd floor
16' 16' 16' 16'
Minimum
building
height,
sidewalk to
top of parapet
Feet or
stories
22' 22' No minimum 22'
2 2 2 2
Maximum building height
(see Section 18.190.030 for
height increases)
8-story 8-story 8-story 12-story city
admin. bldgs./
8-story other
Minimum ground-level
commercial, depth
60' from
Capitol
Avenue
30' from street
wall frontage
30' from street
wall frontage
Not applicable

2.C.a
Packet Pg. 10
Attachment: Draft Ordinance Amending FMC 18.47 Downtown District (4618 : Second Reading and Adoption of an Ordinance - Downtown

2 Required Site Development
Standards D-CA D-MD D-E D-CC
Building Setbacks
Front yard: Minimum 0' 0' 0' – 15'
maximum (15'
– 45' okay in
drop-off areas
only)
0'
Side and rear yard:

Minimum
0' 0' 0' 0'
Side street (wall): Minimum 0' – 10'
maximum
0' – 10'
maximum
0' – 15'
maximum
0'
See DCP Chapter 4 for further requirements
Street Wall Frontage
Principal street: Minimum 75% 50% 75% 75% along
Capitol
Avenue
Secondary street: Minimum 75% 50% 50% 50%
Parking and Circulation
Below-grade parking setback None None None None
At-grade parking setback 50' minimum
from Capitol
Avenue; 10'
from shared lot
line,
landscaped and
screened
5' minimum
from street; 10'
minimum side
and rear,
landscaped and
screened
15' minimum
front yard; 10'
minimum side
and rear
No parking
along Capitol
Avenue; 5'
minimum from
New Middle
Road,
landscaped and
screened
Parking access lanes/curb cuts or drop-off lanes are not permitted along Capitol Avenue frontage except as shown in DCP Exhibit

3.17a. Consistent with DCP Exhibit 3.17a, the northernmost permitted driveway shall be closed when the 39025-39051 State Street building is demolished or substantially remodeled.

Parking only allowed behind buildings.

See DCP Sections 2.3, Parking Plan, and 4.4, Development Guidelines, for additional parking requirements.

Above-grade parking setback 15' minimum
from Capitol
Avenue;
parking only
allowed behind
buildings
5' minimum
from street;
landscaped and
screened
30' minimum
from street
wall; no
setbacks from
side and rear
5' minimum
from street,
landscaped and
screened

2.C.a
Packet Pg. 11
Attachment: Draft Ordinance Amending FMC 18.47 Downtown District (4618 : Second Reading and Adoption of an Ordinance - Downtown

3 SECTION 2. CEQA

The City Council finds that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) because a Final Supplemental Environmental Impact Report (SCH#2010072001) was previously certified for the Downtown Community Plan and there are no substantial changes to the project or its circumstances and there is no new information that would warrant additional environmental review as required by Public Resources Code Section 21166 and CEQA Guidelines section 15162. The Community Development Director is directed to file a Notice of Determination with the Alameda County Clerk’s office within five working days of the date of adoption of this ordinance.

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.

SECTION 5. PUBLICATION AND POSTING

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

* * *

2.C.a
Packet Pg. 12
Attachment: Draft Ordinance Amending FMC 18.47 Downtown District (4618 : Second Reading and Adoption of an Ordinance - Downtown

4 The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on May 3, 2022 and finally adopted at a regular meeting of the City Council held on May __, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST:

__________________________________
City Clerk

APPROVED AS TO FORM:

_________________________________
City Attorney

2.C.a
Packet Pg. 13
Attachment: Draft Ordinance Amending FMC 18.47 Downtown District (4618 : Second Reading and Adoption of an Ordinance - Downtown Fremont City Council Meeting: 05/17/22 07:00 PM
3300 Capitol Avenue Div/Dept: Information Technology Services Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4603) DOC ID: 4603
Updated: 5/12/2022 8:07 AM by Alberto Quintanilla Page 1 CISCO CATALYST 9606R SWITCHES WITH SMART NET TOTAL CARE - Authorize the City Manger, or Designee, to Issue a Purchase Order, in an Amount of $409,526.67 to ConvergeOne Inc. for Two Cisco Catalyst 9600 Series switches and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary.

Contact Persons:

Name: David Yu Sanford Taylor
Title: Infrastructure Services Manager IT Director
Div/Dept: Information Technology Services Information Technology Services Phone: 510-494-4826 510-494-4802
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to authorize the City Manager to issue a purchase order in an Amount of $409,526.67 to ConvergeOne Inc. for two Cisco Catalyst 9600 Series switches along with a Cisco Smartnet maintenance contract.

BACKGROUND: In 2009, (13 years ago) the City purchased two core Cisco switches (a.k.a. – 6509 Catalyst switches) to be used in its network infrastructure. These core switches have already reached their end-of-sale in 2020, meaning no new 6509 Catalyst switches will be manufactured or sold through its authorized supply chain. Since then, the City has continued to purchase Cisco Smartnet support maintenance contracts on an annual basis to extend its useful life. However, in 2000, Cisco announced that the 6509 Catalyst switches will reach end-of-support in the year 2025. As a result, all software updates and hardware replacements for the City’s current core switches will no longer be available after this date.

DISCUSSION/ANALYSIS: The upgrade to Cisco’s latest line of core switches (a.k.a.– 9606 Catalyst switches) is needed to continue supporting the City’s network operations into 2025 and beyond. Additionally, Cisco’s latest model of core switches are designed to meet the demands of the City’s growing network traffic. This traffic is being fueled by the high number of devices needing to communicate on the network including workstations, laptops, Wi-Fi access points, surveillance cameras, Voice-over-IP(VoIP) phones, mobile devices accessing the internet, media streaming devices, internet of things (IoT) and enterprise software applications. The Request for Quote (RFQ #22-027) for two (2) Cisco 9606 core switches was posted on Periscope Holdings (BidSync.com) on March 29, 2022 and remained open through April 13, 2022.

The City received eleven bids as shown in the chart below. The lowest responsible bidder was ConvergeOne. Following the City’s policy of awarding to the lowest bidder, the City’s Purchasing Department posted a Notice of Intent to Award on April 18, 2022 to ConvergeOne. After receiving no protests from any vendors during the five-day period ending April 25, 2022, Information Technology Services is now requesting authorization to proceed with the purchase.

Contractor Total Rank

2.D
Packet Pg. 14
Staff Report (ID # 4603) Meeting of May 17, 2022
Updated: 5/12/2022 8:07 AM by Alberto Quintanilla Page 2 ConvergeOne $409,526.67 1
Industrial Networking $411,407.25 2
Saitech $426,571.06 ($415,906.78 local pref) 3
Zones $434,495.03 4
Mvation $451,058.88 5
Open Systems $523,157.77 6
Axelliant $523,395.85 7
VOX $577,809.90 8
Sunflower Lab $589,798.36 9
Integrity IT Solutions $797,128.20 10
Amtek $966,110.85 11

FISCAL IMPACT: The one-time purchase cost ($409,526.67) for the two Cisco core switches was included in the FY 2021/22 budget in the ITS Capital Replacement Fund (Fund 625).

ENVIRONMENTAL REVIEW: The recommended action is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 153 78(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

LINKS: None.

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Fremont City Council Meeting: 05/17/22 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4601) DOC ID: 4601
Updated: 5/12/2022 8:05 AM by Alberto Quintanilla Page 1

GENERAL SERVICES AGREEMENT FOR WEED AND WASTE ABATEMENT SERVICES - Authorize the City Manager or Designee to Execute the General Services Agreement with Imhof Tractor Services, Inc. for Weed and Waste Abatement Services Throughout the City
Contact Persons:

Name: Andrew Freeman Suzanne Wolf
Title: Business Manager Community Services Director
Div/Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to authorize the award and execution of General Services Agreement for Weed and Waste Abatement Services to Imhof Tractor Services, Inc.

BACKGROUND: Since July 2017, the City has contracted weed and waste abatement services consisting of the abatement of weeds, vegetation and waste throughout the City where the City has maintenance rights.

DISCUSSION/ANALYSIS: A Request for Proposals (RFP# 22-014) to renew this service was publicly released on March 9, 2022. The RFP remained opened through March 31, 2022.

The scope of work consists of abatement and waste work through discing, handwork, mowing, special equipment as needed and debris removal.

The City received two competitive proposals for this service: H & N Enterprises A Resource Management Company and Imhof Tractor Services, Inc. These proposals were evaluated by three raters applying the following factors: qualifications, feasibility, responsiveness, service agreement and rates. Imhof Tractor Services, Inc., proposal scored the highest.

Staff is recommending awarding the contract to Imhof Tractor Services Inc. for a five-year term through June 30, 2027, with a total not to exceed amount of $1,128,435.02. Annual adjustments based on the change in the consumer price index, up to 5%, may be considered beginning July 1, 2023. The not to exceed amount for fiscal year 2022/23 is $204,218.30.

FISCAL IMPACT: The funding for Weed and Waste Abatement Services is accounted for in the Community Service Department’s operating budget adopted through the annual budget process.

ENVIRONMENTAL REVIEW: The project activities to be undertaken are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301, Existing Facilities, as the activities consist of maintenance of existing landscaping and/or native growth. Prior to commencement of ground disturbing activities, the requirements of Fremont Municipal Code Section 18.218.050(b)(1) (Standard Development Requirements for Burrowing Owls) will be met.

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Staff Report (ID # 4601) Meeting of May 17, 2022
Updated: 5/12/2022 8:05 AM by Alberto Quintanilla Page 2

ATTACHMENTS: None

LINKS: None

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Fremont City Council Meeting: 05/17/22 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Affordable Housing

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4607) DOC ID: 4607
Updated: 5/12/2022 8:13 AM by Alberto Quintanilla Page 1

LOCAL HOUSING TRUST FUND (LHTF) FUNDING RECOMMENDATION - Resolution Approving $5 Million in LHTF to Finance the Development of the 3900 Thornton Affordable Housing Project and Authorizing the City Manager to Execute Agreements with Resource for Community Development and Making Findings of CEQA Exemption
Contact Persons:

Name: Sharon Jones Dan Schoenholz
Title: Special Assistant Community Development Director Div/Dept: Community Development Community Development
Phone: 510-494-4500 510-494-4438
E-Mail: [email protected] [email protected]

Executive Summary: On July 14, 2020, the Council adopted Resolution No. 2020-32 authorizing the City Manager to apply for State of California’s Local Housing Trust Fund (LHTF) Program grant funds for development of affordable housing. Fremont received the grant award of $5 million. The State Department of Housing and Community Development (HCD) recently issued a 2022 Notice of Funding Availability (NOFA) for the LHTF Program.

In a separate item on today’s agenda, staff seeks authority to submit an application for LHTF grant funds. One of the criteria for the City to be eligible to apply for funds is that the City make a Legally-Binding Commitment to expend a minimum of 40% of the $5 million LHTF grant and matching funds.

The LHTF Program supports local entities that have identified and committed on-going sources of local affordable housing trust funds. In lieu fee programs like that established in the City’s Affordable Housing Ordinance and commercial linkage fee programs meet HCD’s definition of a local, non-traditional, on-going affordable housing funding source. LHTF Program grants must be matched dollar-for-dollar by grant recipients. At least 30% of LHTF Program and local matching funds must be expended on assistance to extremely low income (ELI) households with income of no more than 30% AMI. No more than 20% of funds may be expended on assistance to moderate income households (income of no more than 120% AMI). Remaining program funds must be expended on assistance to lower income households with income of no more than 80% AMI.

DISCUSSION/ANALYSIS: In 2020, Fremont received a $5 million LHTF grant. In order to be eligible to submit an application for affordable housing LHTF Program grant funds in response to the 2022 NOFA, HCD requires that the City have a legally-binding commitment of a minimum of 40% of the $5 million award.

Staff recommends that Council adopt a resolution committing the entirety of the $5 million LHTF grant to the development of the 3900 Thornton affordable housing development, as a

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Staff Report (ID # 4607) Meeting of May 17, 2022
Updated: 5/12/2022 8:13 AM by Alberto Quintanilla Page 2 binding commitment to expend the awarded funds, along with at least 1.5 dollars of City matching funds for every dollar of LHTF. City matching funds total $12,276,908.

In May of 2021, the City issued a $45 million NOFA requesting proposals for new affordable housing projects. Resource for Community Development (RCD) proposed a 128-unit permanent supportive housing project located at 3900 Thornton Avenue (3900 Thornton), Fremont CA. On November 2, 2021, the Council approved the proposed project and authorized the City Manager or Designee to execute loan agreements and take other such actions as required to provide a loan of $7.6 million for acquisition and predevelopment in the form of a 55-year loan at a rate of 3% simple interest.

The affordability matrix will be as follows:

20% Area Median Income (AMI) 19 Units
30% AMI 13 Units
50% AMI 52 Units
60% AMI 31 Units
80% AMI 12 Units
N/A 1 Property Manager’s Unit
Total Units 128 Units

The unit mix includes 40 studio apartments, 44 one-bedroom apartments, 28 two-bedroom apartments and 16 three-bedroom apartments.

The City Council appropriated $7.6 million for land acquisition and predevelopment costs.

The City agreed to match the LHTF award by 1.5 dollars for every dollar of the LHTF Program funds. Staff recommends committing $1.9 million of LHTF Program grant funds matched with $5.7 million of City funds made up of $2 million in Low- and Moderate-Income Housing Funds (Fund 111) and $3.7 million in local Affordable Housing Funds.

RCD anticipates an additional $9,676,908 will be needed for construction which the Council has not yet appropriated. Staff recommends committing $3.1 million of LHTF Program grant funds matched with $6,576,908 in City Affordable Housing Funds for construction. The balance needed would be appropriated from Affordable Housing Funds. Once RCD can demonstrate project readiness for construction, staff will return to Council for the appropriation of funds to finance construction of the project.

FISCAL IMPACT: Use of LHTF Program grant funds reduces City funding for the 3900 Thornton project, allowing City funds to be redirected from acquisition and predevelopment to construction, or to develop other projects in the future.

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Staff Report (ID # 4607) Meeting of May 17, 2022
Updated: 5/12/2022 8:13 AM by Alberto Quintanilla Page 3 On November 2, 2021, Council appropriated $7.6 million for land acquisition and predevelopment costs. Staff recommends committing $1.9 million of LHTF Program grant funds matched with $5.7 million of City funds made up of $2 million in Low- and Moderate- Income Housing Funds (Fund 111) and $3.7 million in local Affordable Housing Funds.

ENVIRONMENTAL REVIEW: The proposed housing development has submitted a preliminary application pursuant to Senate Bill (SB) 35, which requires streamlined ministerial approval of qualifying affordable housing projects. The project as proposed in the preliminary application appears eligible for SB 35 review and approval. The project developer has not yet submitted a formal development application pursuant to SB 35, but once such an application is submitted, staff expects to find that the proposed project qualifies for streamlined ministerial approval and is therefore exempt from, and not subject tom CEQA review. If the project is later determined not to qualify for SB 35 ministerial review and the associated CEQA exemption, the project will be required to comply with the requirements of CEQA prior to the City execution of loan agreements.

As a separate and independent basis, this action also is exempt, without limitation pursuant to (1) CEQA Guidelines Section 15378 (fiscal activities that do not involve commitment to a specific project that will result in any significant physical impact on the environment); and/or (2) Section 15061(b)(2) (the funding decision has no possibility of significant effect on the environment).

ATTACHMENTS: None.

LINKS: None.

ATTACHMENTS:
• Draft Reso 2022 LHTF Commitment 3900 Thornton

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Resolution 2022-XX Page 1 of 2 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT A PPROVING FIVE MILLION DOLLARS IN LOCAL

HOUSING TRUST FUND GRANT FUNDS TO FINANCE THE
DEVELOPMENT OF THE 3900 THORNTON AFFORDABLE

HOUSING PROJECT AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AGREEMENTS WITH RESOURCE FOR COMMUNITY

DEVELOPMENT AND MAKING FINDINGS OF CEQA EXEMPTION

WHEREAS, in 2020 the California Department of Housing and Community Development (HCD) awarded $5 million in Local Housing Trust Fund (LHTF) Program grant funds to the City of Fremont for the development of affordable housing; and

WHEREAS, the use of LHTF Program funds requires a dollar -for-dollar match from local housing funds; and

WHEREAS, in order to be eligible to apply to the 2022 LHTF Grant Program, the City of Fremont must make a Legally-Binding Commitment to expend a minimum of 40% of the $5 Million LHTF Program grant and City matching funds; and

WHEREAS on November 2, 2021, the Council approved the 128-unit permanent supportive housing development proposed by Resource for Community Development at 3900 Thornton Avenue, Fremont, CA,; appropriated $7.6 million for acquisition and predevelopment in local affordable housing funds in the form of a 55-year loan at 3% simple interest,; and, authorized the City Manager to execute loan agreements and take other actions as required; and
WHEREAS, the 3900 Thornton permanent supportive housing project would provide 19 units at 20% of Area Median Income (AMI), 13 units at 30% AMI, 52 units at 50% AMI, 31 units at 60% AMI, 12 units at 80% AMI, and one manager’s unit; and WHEREAS, the 3900 Thornton development’s unit mix includes 40 studios, 44 one-bedroom units, 28 two-bedroom units and 16 three-bedroom units; and WHEREAS, this action is exempt from CEQA review because, without limitation, each as a separate and independent basis: (1) the 3900 Thornton proposed housing development has submitted an preliminary application pursuant to Senate Bill (SB) 35, and, based thereon, appears to qualify for streamlined ministerial approval, and therefore would be exempt from and not subject to CEQA review; (2) pursuant to CEQA Guidelines Section 15378 (fiscal activities that do not involve commitment to a specific project that will result in any significant physical impact on the environment); and/or (3) Section 15061(b)(2) (the funding decision has no possibility of significant effect on the environment).

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Attachment: Draft Reso 2022 LHTF Commitment 3900 Thornton (4607 : LOCAL HOUSING TRUST FUND FUNDING RECOMMENDATION) Resolution 2022-XX Page 2 of 2

NOW, THEREFORE, BE IT RESOLVED BY THE THE CITY COUNCIL OF THE CITY OF FREMONT, CALIFORNIA, DOES RESOLVE AND ORDER AS FOLLOWS as follows:

SECTION 1. The City of Fremont agrees to match the LHTF award by 1.5 dollars for every dollar of LTHF Program grant funds and commits to use of $1.9 million LHTF Program grant funds for acquisition and predevelopment for RCD’s proposed 3900 Thornton affordable housing project matched with $5.7 million of City funds made up of $2 million in Low- and Moderate-Income Housing Funds (Fund 111) and $3.7 million in Affordable Housing Funds.; and,

SECTION 2. The City of Fremont agrees to match the LHTF award by 1.5 dollars for every dollar of the LHTF Program grant funds and commits to use $3.1 million LHTF Program grant funds for construction matched with $6,576,908 million in City Affordable Housing Funds. Once RCD demonstrates project readiness, staff will return to Council for the appropriation of funds to finance construction of the project.

SECTION 3. The City Council authorizes the City Manager to execute agreements with Resources for Community Development to effectuate this action.

SECTION 4. BE IT FURTHER RESOLVED that the The City Clerk shall certify the above is a true and correct copy of the Resolution resolution passed and approved by the City Council of the City of Fremont on _______________.

ADOPTED __________, 2022 by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

Formatted: Indent: Left: 0.06", First line: 0.56"

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Attachment: Draft Reso 2022 LHTF Commitment 3900 Thornton (4607 : LOCAL HOUSING TRUST FUND FUNDING RECOMMENDATION) Fremont City Council Meeting: 05/17/22 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4606) DOC ID: 4606
Updated: 5/12/2022 8:11 AM by Alberto Quintanilla Page 1 STATE AFFORDABLE HOUSING GRANT - Resolution Authorizing Submission of a Grant Application to the State of California's Local Housing Trust Fund Program Contact Persons:

Executive Summary: The State Department of Housing and Community Development (HCD) recently issued a Notice of Funding Availability (NOFA) for $57 million in funding for the Local Housing Trust Fund Program (LHTF). Because the City has created an ongoing source of local funding for affordable housing through in lieu fees paid by market rate developers under the Affordable Housing Ordinance and through linkage fees paid by non- residential development, the City is eligible to apply for the maximum award of $5 million.

Staff recommends that Council adopt a Resolution authorizing submittal of an application for $5 million and authorizing execution of a contract for LHTF funds if the City’s application is successful.

BACKGROUND: The LHTF Program provides matching grants for the development or rehabilitation of affordable rental housing projects, Permanent Supportive Housing, transitional housing, affordable homebuyer/homeowner projects, Accessory Dwelling Units and emergency shelters. In 2014, Fremont received a grant of $1.7 million which was used to support the development of Stevenson Terrace, a 79-unit affordable housing development serving households at or below 60% Area Median Income (AMI).

In 2020, Fremont received a $5 million LHTF grant. In a separate item on today’s agenda, staff recommends that Council adopt a Resolution committing the $5 million LHTF grant to the development of the 3900 Thornton affordable housing project, as a binding commitment to expend the awarded funds, along with City matching funds.

HCD evaluates and awards grants using multiple criteria, including the extent to which the applicant:
• Provides matching funds from sources other than local impact fees or in lieu fees;

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Staff Report (ID # 4606) Meeting of May 17, 2022
Updated: 5/12/2022 8:11 AM by Alberto Quintanilla Page 2 • Commits to expend less than 20% of its funds to serve moderate income households;
• Has completed a first phase funding process for multifamily rental projects and announced on its website the status of each project;
• Commits to using funds for new construction of rental housing restricted to households with income of no more than 60% AMI;
• Has measurable community needs to serve lower income households that are paying more than 50% of their income in rent; and
• Exceeds the minimum 40% threshold of grant funds that have been committed to projects.

The tie breaker criterion, if needed, is the extent to which the application identifies specific multifamily rental projects for which the trust fund has issued Letters of Intent (LOIs) to developers for construction or permanent financing.

DISCUSSION/ANALYSIS: As described above, the City is eligible to request funding from the LHTF Program because the City has established locally generated, ongoing sources of funding for affordable housing. In addition, as a past grantee, the City has demonstrated its ability to spend down LHTF funding in a timely manner. The City also has an adopted Housing Element in compliance with the State’s Housing Element law and has submitted its Annual Program Report for the current or prior year by the application deadline of May 25, 2022. Further, the City must commit at least 40% of the $5 million Program funds awarded to the City in 2020. As mentioned earlier, in a separate item on tonight’s agenda, staff is requesting Council to adopt a resolution authorizing a commitment of $5 Million in 2020 LHTF to the 3900 Thornton affordable housing development.

Staff proposes to include in its grant application a commitment to dedicate 40% of grant funding for ELI households, which exceeds the basic grant requirement and has been shown to be attainable in recently proposed projects in Fremont, such as City Center Apartments and the Doug Ford (Irvington) Senior Apartments. Staff also proposes that funds be provided for the MidPen Housing Affordable Housing on Osgood project (41965 and 42021 Osgood Road), a 191-271 unit affordable housing development, which includes approximately 39-53 ELI units. The Affordable Housing on Osgood project was submitted in response to the City’s NOFA issued in May of 2021. On November 2, 2021, Council approved a total of $14 million to finance acquisition and pre-development. MidPen anticipates an additional $11.5 million will be needed from the City and/or other sources for construction which the Council has not yet appropriated. The $5 million in LTHF funding would offset the funding needed from the City allowing City funds to be redirected to support future affordable housing projects.

The grant application deadline is May 25, 2022. Receipt of full or partial funding through the LHTF Program would provide at least a small offset of affordable housing funding that was lost with the elimination of Redevelopment and would allow for the creation of new affordable units at deep levels of affordability.

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Staff Report (ID # 4606) Meeting of May 17, 2022
Updated: 5/12/2022 8:11 AM by Alberto Quintanilla Page 3 FISCAL IMPACT: Receipt of the grant would reduce the need for City funding for eligible projects, allowing City funds to be redirected to create more affordable units than would otherwise be possible.

In addition to predevelopment, construction loans or deferred payment permanent financing loans at simple interest rates no higher than 3% per annum, eligible uses of funds include administrative expenses of up to 5% of LHTF Program grant funds and 5% of Matching funds.

ENVIRONMENTAL REVIEW: The grant application is exempt from CEQA pursuant to, without limitation, each as a separate and independent basis, CEQA Guidelines Section 15378 (fiscal activities that do not involve commitment to a specific project that will result in any significant physical impact on the environment), Section 15061(b)(2) (no possibility of significant effect on the environment).

ATTACHMENTS: None.

LINKS: None

ATTACHMENTS:
• Draft Reso 2022 LHTF Application 05172022

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Resolution 2022-XX Page 1 of 4

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION

FOR LOCAL HOUSING TRUST FUND PROGRAM GRANT FUNDS AND

MAKING FINDINGS OF CEQA EXEMPTION

WHEREAS, the California Department of Housing and Community Development (the "Department") is authorized to provide up to $57 million under the Local Housing Trust Fund ("LHTF") Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1) (as described in Health and Safety Code (“HSC”) Section 50842.2 et seq. (Chapter 365, Statutes of 2017 (SB 3)) ("Program"); and

WHEREAS, the State of California (the "State"), Department of Housing and Community Development ("Department") issued a Notice of Funding Availability ("NOFA") dated April 5, 2022 under the LHTF Program; and

WHEREAS, the City of Fremont ("Applicant") is an eligible Local Housing Trust Fund applying to the Program to administer one or more eligible activities using Program Funds; and

WHEREAS, the Department may approve funding allocations for the LHTF Program, subject to the terms and conditions of Health and Safety Code Section 50842.2, the LHTF Program Guidelines, NOFA, Program requirements, the Standard Agreement and other related contracts between the Department and LHTF award recipients; and WHEREAS, the City Council's action on in this resolution is exempt from the California Environmental Quality Act pursuant to, without limitation, CEQA Guidelines Sections 15378(b) and (b)(4)-(5), 15262, and 15061(b)(3), each as a separate and independent basis.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT AS FOLLOWS:

SECTION 1. LHTF funds awarded to the City of Fremont from the Department pursuant to the above referenced LHTF NOFA, City represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the LHTF Program, as well as any and all contracts City may have with the Department ("Eligible Project").

NOW, THEREFORE, IT IS RESOLVED: That the Local HTF is authorized to act as the Manager in connection with the Department's funds to Eligible Projects pursuant to the above-described Notice of Funding Availability in an amount not to exceed $5,000,000 (the

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Attachment: Draft Reso 2022 LHTF Application 05172022 (4606 : STATE AFFORDABLE HOUSING GRANT)

Resolution 2022-XX Page 2 of 4

"LHTF Award").

SECTION 1. The City of Fremont agrees to match on a dollar-for-dollar basis the LHTF Award pursuant to Guidelines Section 104. City agrees to utilize matching funds on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used, as required by HSC Section 50843.S(c).

SECTION 2. Pursuant to attached Summary of Uses of Program and Matching Funds (Attachment 1) and the City of Fremont's certification in this Resolution, the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements.

SECTION 3. Nonprofit Housing Trust Funds and Native American Tribe Housing Trust Funds agree to use Program Funds only for Eligible Projects located in cities and counties that submitted an adopted Housing Element that was found by the Department to be in compliance and that have submitted their Housing Element Annual Progress Report (APR) for the current year or prior year by the application due date.

SECTION 4. City of Fremont shall be subject to the terms and conditions as specified in the Standard Agreement, Health and Safety Code Section 50842.2 and LHTF Program Guidelines.

SECTION 5. The City Manager or Designee is authorized to execute the LHTF Program Application, the LHTF Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to the City of Fremont, as the Department may deem appropriate. The current City Manager and Designee are as specified in the City Council staff report of May 17, 2022. Additional or substitute Designees may be appointed by the City Manager at their discretion and shall not require further action of this Council.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________

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Attachment: Draft Reso 2022 LHTF Application 05172022 (4606 : STATE AFFORDABLE HOUSING GRANT)

Resolution 2022-XX Page 3 of 4

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

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Attachment: Draft Reso 2022 LHTF Application 05172022 (4606 : STATE AFFORDABLE HOUSING GRANT)

Resolution 2022-XX Page 4 of 4

ATTACHMENT 1

Summary of Uses of Program and Matching Funds

The City of Fremont is committed to use the Program Funds and Matching Funds to support new construction of affordable rental housing within its jurisdictional boundary:
• No less than 40% of the Program Funds and Matching Funds will be dedicated for Extremely Low-Income (ELI) households.
• Project(s) funded by the Program Funds and Matching Funds will be affordable and restricted to households with average incomes of no more than 60 percent of AMI.
• None of the Program Funds and Matching Funds will be dedicated for moderate income households.
• Program Funds will be matched at least one dollar for every dollar of the Program Funds.
• Matching Funds sources will include impact/in-lieu fees.

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Attachment: Draft Reso 2022 LHTF Application 05172022 (4606 : STATE AFFORDABLE HOUSING GRANT) Fremont City Council Meeting: 05/17/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4605) DOC ID: 4605
Updated: 5/12/2022 8:09 AM by Alberto Quintanilla Page 1 BELL STREET GARDENS AFFORDABLE APARTMENTS – Adopt Resolution to Authorize the Execution of a Loan Agreement with Resources for Community Development to Include $1 Million in FY 2020/21 Federal HOME Funds for the Development of the Bell Street Gardens Affordable Apartments; and Appropriate $1 Million in Federal HOME Funds and Making Findings of CEQA Exemption Contact Persons:

Name: Robert Lopez Lucia Hughes
Title: CDBG Administrator Housing Manager
Div/Dept: Human Services Department Community Development Phone: 510-574-2043 510-494-4506
E-Mail: [email protected] [email protected]

Executive Summary: Staff recommends the City Council authorize the City Manager to execute a loan agreement with Resources for Community Development to include $1,000,000 in FY 2020/21 federal HOME funds for development of the Bell Street Gardens affordable apartments; and appropriate $1,000,000 in federal HOME funds to the Bell Street Gardens Affordable Apartments project.

BACKGROUND: In 2017 and 2018, the City Council approved a total of $12,295,000 in funding for Resource for Community Development (RCD), a Bay Area-based non-profit affordable housing developer to develop Bell Street Gardens Affordable Apartments. The project will be located at 4101 Mowry Avenue, the former site of the Islander Motel. The City funding includes $10,470,000 in Affordable Housing funds and $1,825,000 in CDBG funds. With the City’s funding support, the project was able to leverage a total of $18,599,625 in Alameda County A1 bond funding.

RCD acquired site control through a purchase option agreement in 2018. While working on securing the balance of the needed financing, RCD partnered with the City to operate the property as a non-congregate transitional shelter for homeless individuals, families and long-term motel residents. This partnership allowed unhoused residents to safely shelter-in-place during the peak of the COVID-19 pandemic.

RCD recently secured all necessary financing for the project and anticipates starting construction in August 2022. RCD will convert the Islander Motel building and construct a new apartment building on two vacant adjacent parcels to provide a total of 128 units of permanent affordable housing on approximately two acres of land. The housing will be accessible to households earning less than 50% of area median income (AMI) with 29% of the units at no more than 20% of AMI, including special needs housing for individuals with disabilities and formerly homeless households.

DISCUSSION/ANALYSIS: While RCD has secured all necessary financing for the project, City staff has identified an additional $1 million in federal HOME funds available to be used for affordable housing construction projects. The recommended action would allow for the timely expenditure of the available HOME funds as required by HOME timeliness rules. Utilizing a portion of the City's allocation of federal HOME funds for the

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Staff Report (ID # 4605) Meeting of May 17, 2022
Updated: 5/12/2022 8:09 AM by Alberto Quintanilla Page 2 project would also save $1,000,000 in the County’s A1 bond funds, which can be applied toward another Fremont affordable housing project.

FISCAL IMPACT: The proposed award of HOME funds requires a new appropriation in the amount of $1,000,000. This appropriation will be covered through the City’s share of the County’s federal HOME line of credit.

ENVIRONMENTAL REVIEW:

CEQA: On November 20, 2018, the City Council adopted a Mitigated Negative Declaration for a General Plan Amendment, Rezoning and Discretionary Design Review Permit for the development of this project, located at 4101 Mowry Avenue and comprising the Bell Street Gardens Affordable Apartment project; no further CEQA review is required because none of the circumstances specified in CEQA Guidelines Section 15162 necessitating preparation of subsequent environmental review are present or have occurred; and, as a separate and independent basis, the action is exempt pursuant to, without limitation (1) CEQA Guidelines Section 15378 (fiscal activities that do not involve commitment to a specific project that will result in any significant physical impact on the environment); and/or (2) Section 15061(b)(2) (the funding decision has no possibility of significant effect on the environment).

NEPA: An Environmental Assessment has been prepared and circulated for the proposed Bell Street Gardens project as required by the National Environmental Policy Act (NEPA). The public comment period for the Environmental Assessment ended on May 12, 2022. No funds will be released until the NEPA Environmental Assessment is approved by HUD.

ATTACHMENTS: See Attached Resolution

LINKS: None.

ATTACHMENTS:
• Draft Resolution--Bell Street Gardens HOME Loan

RECOMMENDATION:

2. Appropriate $1,000,000 in HOME funds (Fund 103) to the Bell Street Gardens Project.

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Res. 2022-XX Page 1 of 2
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT AUTHORIZING A LOAN IN THE AMOUNT OF $1,000,000

MILLION IN CONNECTION WITH THE BELL STREET GARDENS

AFFORDABLE APARTMENTS DEVELOPMENT AND MAKING

FINDINGS OF CEQA EXEMPTION

WHEREAS, Resources for Community Development (RCD) has extensive Bay Area and Fremont-specific experience in affordable housing development and property management, with demonstrated success in leveraging City dollars to secure outside funding; and

WHEREAS, RCD also has experience in working with various service providers in Fremont and Alameda County, and plans to offer an array of on-site services for residents of the Bell Street Gardens Affordable Apartments project; and

WHEREAS, the City wishes to award a total of $1,000,000 in Federal HOME funds to the project as part of the loan to RCD; as such, funding will not be distributed for this project until appropriate National Environmental Policy Act (“NEPA”) review and clearance is completed; and

WHEREAS, on November 20, 2018, the City Council adopted a Mitigated Negative Declaration for a General Plan Amendment, Rezoning and Discretionary Design Review Permit for the development of this project, located at 4101 Mowry Avenue and comprising the Bell Street Gardens Affordable Apartment project; and

WHEREAS, no further CEQA review is required because none of the circumstances specified in CEQA Guidelines Section 15162 necessitating preparation of subsequent environmental review are present or have occurred; , and, as a separate and independent basis, the action is exempt pursuant to, without limitation (1) CEQA Guidelines Section 15378 (fiscal activities that do not involve commitment to a specific project that will result in any significant physical impact on the environment),; and/or (2) Section 15061(b)(2) (the funding decision has no possibility of significant effect on the environment).

NOW, THEREFORE, BE IT RESOLVED that by the City Council of the City of Fremont, as follows: hereby

SECTION 1. The City Council finds that the above Recitals are true and correct and have served, together with the Staff Report, as the basis for the findings and approvals set forth belowherein.

SECTION 2. BE IT FURTHER RESOLVED that, theThe City Council hereby authorizes the City Manager or his designee to execute loan documents (including, without limitation, a loan agreement, a Regulatory Agreement, a promissory note and a deed of trust) and Formatted: Indent: First line: 0.5"

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Attachment: Draft Resolution--Bell Street Gardens HOME Loan (4605 : BELL STREET GARDENS AFFORDABLE APARTMENTS)

Res. 2022-XX Page 2 of 2

take such other actions as required to provide a loan in the amount of $1 million $1,000,000 to Resources for Community Development (or a Limited Partnership created by RCD expressly for purposes of this project) for the development of the Bell Street Gardens Affordable Apartments project.

SECTION 3. BE IT FURTHER RESOLVED that thisThis Resolution shall become effective immediately upon its passage and adoption.

ADOPTED ______________ 2022 by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

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Attachment: Draft Resolution--Bell Street Gardens HOME Loan (4605 : BELL STREET GARDENS AFFORDABLE APARTMENTS) Fremont City Council Meeting: 05/17/22 07:00 PM
3300 Capitol Avenue Div/Dept: Engineering
Fremont, CA 94538 Category: Property Acquisitions & Dispositions

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4610) DOC ID: 4610
Updated: 5/12/2022 2:34 PM by Alberto Quintanilla Page 1 VACATION OF EASEMENT AT 5588 CUSHING PARKWAY - Adopt a Resolution Summarily Vacating a portion of the Emergency Vehicle Access Easement at 5588 Cushing Parkway in Bayside Industrial Community Plan Area (PLN2022- 00129)
Contact Persons:

Name: Kelly Reynolds Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Engineering Public Works
Phone: 510-494-4737 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate vacating a portion of the Emergency Vehicle Access Easement (EVAE) at 5588 Cushing Parkway to support the construction of ancillary corporation yard improvements for United Parcel Service (UPS) located in the Bayside Industrial Community Plan Area.

BACKGROUND: Fremont Technology Business Center LLC, a Delaware limited liability company, is the owner of the 814,852-square-foot shell building located at Fremont Technology Business Center of Pacific Commons. The tenant, UPS has submitted an application for the vacation of a portion of an EVAE on the property. The EVAE proposed for vacation was originally dedicated to the City of Fremont on Tract Map 8348, recorded on July 30, 2018 and encumbers the entire parcel with the exception of the existing building footprint (See Exhibit B).

On February 1, 2021, the Zoning Administrator approved a zoning administrator permit to allow the construction of ancillary corporation yard improvements. To fulfill the condition of approval of the zoning administrator permit, the developer is required to apply to the City for the vacation of a portion of the EVAE that is no longer needed.

DISCUSSION/ANALYSIS: California Streets and Highways Code (CSHC) Section 8333(c) allows for the summary vacation of an emergency vehicle access easement when “the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.” City Staff has determined that the EVAE has been superseded by relocation, constitutes excess land, and is no longer needed by the City. Furthermore, there are no public facilities located within the easement.

Notification to Utility Companies: This is not applicable for subject easement vacation.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The vacation is categorically exempt from review under the California Environmental Quality Act as a minor alteration to land use limitations pursuant to CEQA Guidelines, Section 15305 (14 CCR § 15305).

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Staff Report (ID # 4610) Meeting of May 17, 2022
Updated: 5/12/2022 2:34 PM by Alberto Quintanilla Page 2 ATTACHMENTS:
• Exhibit A - Location Map
• Exhibit B - Emergency Vehicle Access Easement Vacation • Draft Resolution Summarily Vacating a Portion of the Emergency Vehicle Access Easement at 5588 Cushing Parkway

RECOMMENDATIONS:

1. Find the action is exempt from CEQA review.

2. Adopt resolution to vacate a portion of the Emergency Vehicle Access Easement at 5588 Cushing Parkway.

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Attachment: Exhibit A - Location Map (4610 : VACATION OF EASEMENT AT 5588 CUSHING PARKWAY)

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Attachment: Exhibit B - Emergency Vehicle Access Easement Vacation (4610 : VACATION OF EASEMENT AT 5588 CUSHING PARKWAY)

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Attachment: Exhibit B - Emergency Vehicle Access Easement Vacation (4610 : VACATION OF EASEMENT AT 5588 CUSHING PARKWAY)

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Attachment: Exhibit B - Emergency Vehicle Access Easement Vacation (4610 : VACATION OF EASEMENT AT 5588 CUSHING PARKWAY) Resolution 2022-XX Page 1 of 2

DRAFT

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT SUMMARILY VACATING A PORTION OF THE
EMERGENCY VEHICLE ACCESS EASEMENT AT 5588 CUSHING

PARKWAY IN BAYSIDE INDUSTRIAL COMMUNITY PLAN AREA
(PLN2022-00129)

WHEREAS, the Owner/Developer of the above referenced property has submitted an application requesting that the City summarily vacate portions of the emergency vehicle access easement described and depicted in Exhibits A and B, attached hereto and incorporated herein by this reference; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT as follows:

Section 1. pursuant Pursuant to the Public Streets, Highways and Service Easements Vacation Law, codified in Chapter 4, Part 3, Division 9 of the California Streets and Highways Code (Section 8300 et seq.), that the portion of emergency vehicle access easement (more particularly described and depicted in Exhibits A and B) is hereby summarily vacated and shall no longer constitute an emergency vehicle access easement, based upon the following findings and conditions:

A. The City Council finds that, based on the information contained in the council staff report dated May 17, 2022, that the portion of the emergency vehicle access easement to be vacated is superseded by relocation, and determined to be excess by the easement holder, and there are no other public facilities located within the easement.

B. The easement to be vacated shall conform to the Legal Description and Plat for Easement Vacation records, attached inas set forth in Exhibits B.

Section 2. BE IT FURTHER RESOLVED that the The City Clerk is directed to cause a certified copy of this resolution, attested by her under seal, to be recorded in the office of the County Recorder of Alameda County after the above conditions are met.

Formatted: All caps
Formatted: Underline
Formatted: Underline

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Attachment: Draft Resolution Summarily Vacating a Portion of the Emergency Vehicle Access Easement at 5588 Cushing Parkway (4610 :

Resolution 2022-XX Page 2 of 2

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 City Attorney

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Attachment: Draft Resolution Summarily Vacating a Portion of the Emergency Vehicle Access Easement at 5588 Cushing Parkway (4610 :

Fremont City Council Meeting: 05/17/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4616) DOC ID: 4616
Updated: 4/29/2022 3:32 PM by Susan Gauthier Page 1
AB 361 - Consider 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
Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Div/Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

Executive Summary: In order for the City Council and the City’s legislative bodies to continue holding meetings by teleconferencing pursuant to Government Code Section 54953(e) (AB 361), the City Council needs to reconsider the circumstances of the state of emergency created by the COVID-19 pandemic every 30 days and find that the state of emergency continues to directly impact the ability of the members to meet safely in person.

BACKGROUND: On September 16, 2021, Governor Newsom signed AB 361 amending the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. AB 361 builds upon Executive Order N-29-20, issued by the Governor on March 17, 2020, which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID-19 declared emergency.

AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations, if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the agency has already determined or is determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

To continue meeting remotely pursuant to AB 361, an agency must make periodic findings that: (1) the body has reconsidered the circumstances of the declared emergency; and (2) the emergency impacts the ability of the body’s members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing. These findings should be made not later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter.

DISCUSSION/ANALYSIS: The City Council and the City’s other legislative bodies have met using teleconferencing throughout the COVID-19 pandemic to protect the health and safety of the public and staff. The factual circumstances exist for the City to continue to hold meetings pursuant to AB 361. Specifically, the Governor’s declared State of Emergency in response to the COVID-19 pandemic (the “Emergency”) is still in place. In addition, the City of Fremont COVID-19 Employee Resource Guide requires physical distancing for City employees, customers and visitors, to the extent possible. And finally, the Centers for Disease Control and Prevention continue to advise that COVID-19 spreads more easily

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Staff Report (ID # 4616) Meeting of May 17, 2022
Updated: 4/29/2022 3:32 PM by Susan Gauthier Page 2
indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time. Therefore, due to the ongoing COVID 19 pandemic, the need to promote social distancing to reduce the likelihood of exposure to COVID-19, and the imminent risks to the health or safety of meeting attendees, the Emergency impacts the ability of the City Council and the legislative bodies of the City to meet safely in person.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS: None.

RECOMMENDATION: Staff recommends that the City Council make 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 reconsidered the circumstances of the COVID-19 state of emergency;

2. The state of emergency continues to directly impact the ability 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 June 14, 2022.

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Fremont City Council Meeting: 05/17/22 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Budget

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4609) DOC ID: 4609
Updated: 5/12/2022 5:03 PM by Alberto Quintanilla Page 1 FY 2022/23 PROPOSED OPERATING BUDGET - Presentation of Fiscal Year 2022/23 Proposed Operating Budget for the City of Fremont Contact Persons:

Name: David Persselin
Title: Finance Director
Div/Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]

Executive Summary: The FY 2022/23 Proposed Operating Budget has been developed and is presented for the City Council’s review and comment. Public hearings on the proposed budget are scheduled for June 7, 2022 and June 14, 2022, with adoption anticipated at the conclusion of the second public hearing.

BACKGROUND: This proposed budget combines our recovering ongoing revenues with federal fiscal recovery funds to not only maintain essential services, but also make targeted improvements that focus on City Council and community priorities. Additionally, the service level enhancements included in the proposed budget are consistent with the City Council’s stated foundational principle of fiscal sustainability. Our ability to improve on the current level of services and invest in the City’s future will depend on continued revenue growth and sustained fiscal discipline by the City’s collective leadership.

DISCUSSION/ANALYSIS: The current fiscal year began with the lifting of many public health restrictions on businesses and consumers, saw a re-imposition of those restrictions as COVID-19 infections surged in the Summer and again in the Fall, and now appears to be ending with relatively few impediments to life as we knew it before the pandemic. We were able to restore services to pre-pandemic levels thanks to the first installment of ARPA fiscal recovery funds and most of our revenues are responding well to increased economic activity.

Looking ahead to FY 2022/23, staff anticipates that growth in the national economy will slow to a more moderate pace. Although the use of ARPA fiscal recovery funds to maintain pre-pandemic service levels is projected to continue, our improved revenue performance is giving us some additional ongoing service capacity. Following the City’s sustainable budgeting principles, we will be limiting any proposed service enhancements or staffing increases to levels that can be supported on an ongoing basis.

Fiscal Year 2022/23 Proposed Operating Budget
General Fund budgeted resources in the coming year, including $22.1 million of fiscal recovery funds that will be recognized as revenue in FY 2021/22, are estimated to be adequate to support total budgeted expenditures of $249.3 million. Reflecting improvement in the local economy, ongoing General Fund resources are estimated to increase by 4.1% in FY 2022/23.

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Staff Report (ID # 4609) Meeting of May 17, 2022
Updated: 5/12/2022 5:03 PM by Alberto Quintanilla Page 2 Although the use of fiscal recovery funds to maintain pre-pandemic service levels is projected to continue, the improved revenue performance is giving us some additional ongoing service capacity. The FY 2022/23 budget responds to City Council and community priorities by funding initiatives designed to enhance public safety, address homelessness, and increase the vitality of our business districts, while also improving service delivery across the organization. However, following the City’s sustainable budgeting principles, service enhancements or staffing increases for FY 2022/23 are limited to levels that can be supported on an ongoing basis.

Since most of the City’s services are delivered by City employees, enhancing current services or implementing new initiatives requires additional staff. We are proposing to increase staffing in FY 2022/23 by 26 full-time positions. In the General Fund, those include full staffing for a new fire truck company, two police officers, new staff for emergency services, animal services, and park maintenance, as well as several support positions. In the Development Cost Center, we are adding positions in planning and engineering to support new development, in the Recreation Fund we are staffing the new Downtown Event Center, and in the Human Services Funds we are adding a homeless program case manager and a position to support the Medi-Cal program.

General Fund Reserves
The FY 2022/23 Proposed Operating Budget maintains the General Fund Contingency Reserve at 16.7% of budgeted expenditures and transfers out, or $41.6 million, a level consistent with City Council policy and the recommended practice of the Government Finance Officers Association of the United States and Canada.

The General Fund Budget Uncertainty Reserve, restored and increased in FY 2021/22, will remain at its current balance of $10.0 million.

FISCAL IMPACT: The City Council is not being asked to take action tonight on the FY 2022/23 Proposed Operating Budget other than to provide comments to staff. An initial public hearing will be held on June 7, 2022, with a second public hearing and adoption of the budget scheduled for June 14, 2022.

ENVIRONMENTAL REVIEW: N/A

LINK: The FY 2022/23 Proposed Operating Budget is posted on the City’s website at https://www.fremont.gov/1593/Financial-Reports.

RECOMMENDATION: Accept staff’s budget presentation and provide comments.

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Fremont City CouncilMay 17, 2022

Fremont City Council
May 17, 2022