Agenda packet, regular meeting — Fremont City Council, July 19, 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
July 19, 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 July 19, 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 - July 19, 2022

July 19, 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: 842 3166 0989. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/84231660989
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.

July 19, 2022 Fremont City Council Agenda Page 3
Agenda
Fremont City Council Regular Meeting
July 19, 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 Special and Regular Meetings of June 21, 2022, the Special Meeting of June 25, 2022, the Special Meeting of June 29, 2022, and the Special and Regular Meetings of July 12, 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. SELECTION OF THE VICE MAYOR - Selection of the Vice Mayor for the Period Covering July 2022 through March 2023
Contact Persons:

Name: Susan Gauthier Christina Briggs
Title: City Clerk Assistant City Manager
Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATION: By motion, appoint Councilmember Teresa Keng as the Vice Mayor for the period covering July 2022 through March 2023.

July 19, 2022 Fremont City Council Agenda Page 4
D. DELEGATION OF AUTHORITY TO CITY MANAGER DURING COUNCIL RECESS - Adopt a Resolution Delegating Authority to City Manager during City Council Recess, July 20, 2022 through September 5, 2022 Contact Persons:

RECOMMENDATION: Adopt a resolution authorizing the City Manager or designee to take the following actions, as necessary, during the City Council recess period:

1. Authorize the City Manager or designee to enter into a three-year agreement, in an annual amount not to exceed $168,000, for Amazon Web Services (AWS) GovCloud storage, and execute any implementing documents and take any necessary implementing actions.

2. Authorize the City Manager or designee to accept and appropriate the use of the $10,000 gift in PWC 9085-545 and any additional annual gifts provided by East Bay Community Grant Funds to support special Shinn Park arboreal and park maintenance projects.

3. Authorize the City Manager or designee to enter into an agreement with Tri- City Volunteers, in an amount not to exceed $130,000, effective July 1, 2022 through June 30, 2023,

4. Authorize the City Manager or designee to enter into an agreement with Abode Services, in an amount not to exceed $150,000, effective July 1, 2022 through June 30, 2023,

5. Authorize the City Manager or designee to enter into a Task Order with Fremont Unified School District in an amount not to exceed $113,563 for the Youth and Family Services Division to provide School-Based Mental Health Counseling; Why Try Cognitive Behavioral Groups as an Alternative to Suspension Program for At-Risk Youth; Substance Use Disorder Treatment Services for Adolescents at Robertson and Kennedy High Schools; and the Family Resource Center Division to provide Family Support Services (Case Management) for the 2022-2023 school year (August 16, 2022 through June 15, 2023).

6. Authorize the City Manager or designee to execute task orders to the existing Joint Powers Agreement with the City of Newark for: (1) the provision of FY 2022/23 case management services, in the amount of $5,000, and (2) the provision of FY 2022/23 paratransit services, in an amount not to exceed $293,052.

7. Authorize the City Manager or designee to execute a contract with the Alameda County Health Care Services Agency in the amount of $200,603 for the period of July 1, 2022 through July 30, 2023 for the Health Promoter Project.

July 19, 2022 Fremont City Council Agenda Page 5
E. VACATION OF EASEMENT AT 39176 FREMONT BOULEVARD - Adopt a Resolution Summarily Vacating a Water Line Easement at 39176 Fremont Boulevard in Central Community Plan Area (PLN2022-00001) and Make Findings of CEQA Exemption
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]

RECOMMENDATION: Adopt resolution to vacate the water line easement at 39176 Fremont Boulevard on grounds the easement is no longer needed, and to find that the action is exempt from environmental review under CEQA Guidelines, Section 15305.

F. AGREEMENT WITH THE COUNTY OF ALAMEDA FOR THE COLLECTION OF TAXES AND ASSESSMENTS FOR FISCAL YEAR 2022/23 - Adopt a Resolution Authorizing the City Attorney to Execute a Certification and Mutual Indemnification Agreement with the County of Alameda for the Collection of Taxes and Assessments for Fiscal Year 2022/23 Contact Persons:

Name: Rocio Fierro Rafael Alvarado
Title: Senior Deputy City
Attorney II
City Attorney
Dept: City Attorney's Office City Attorney's Office
Phone: 510-284-4033 510-284-4030
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution authorizing the City Attorney to execute a Certification and Mutual Indemnification Agreement with the County of Alameda for the collection of taxes and assessments for Fiscal Year 2022/23.

G. CAPITAL BUDGET APPROPRIATION AMENDMENTS - Approve Capital Budget Appropriation Actions to Support Various Transportation Projects Funded by Grant Sources
Contact Persons:

Name: Khandan Bahmani Hans Larsen
Title: City Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4768 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: By motion, approve the Capital Budget appropriation amendment actions identified in Exhibit A.

July 19, 2022 Fremont City Council Agenda Page 6
H. OFF-SITE PHOTOCOPYING - Authorize the City Manager, or Designee, to Execute a 5-Year Service Agreement with Bay Central Printing Inc. to Provide Off-Site Photocopying and Printing Services for a Total Not to Exceed One Million Dollars
Contact Persons:

Name: Janice Becerra-Scola David Persselin
Title: Buyer Finance Director
Dept: Purchasing Finance Department
Phone: 510-494-4623 510-494-4631
E-Mail: [email protected] [email protected]

RECOMMENDATION: By motion, authorize the City Manager or designee to execute an agreement with Bay Central Printing Inc. in an amount not to exceed $200,000 per fiscal year for a five-year term beginning July 1, 2022 and ending June 30, 2027.

I. OPERATING ENGINEERS, LOCAL UNION NO. 3 (OE3) MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Operating Engineers, Local Union No. 3 (OE3)
Contact Persons:

Name: Tina Gallegos Allen DeMers
Title: Human Resources Manager Human Resources Director Dept: Human Resources Human Resources
Phone: 510-494-4652 510-494-4651
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Operating Engineers, Local Union No. 3 (OE3); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

3. Ceremonial Items - None.

4. Public Communications
A. Oral and Written Communications

INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM

CONSENT CALENDAR

July 19, 2022 Fremont City Council Agenda Page 7

5. Scheduled Items - None.

6. Report from City Attorney - None.

7. Other Business
A. GENERAL OBLIGATION BONDS TAX RATE FOR FY 2022/23 - Adopt a Resolution Setting the Annual Tax Rate for Voter-Approved General Obligation Bonds Debt Service for Fiscal Year 2022/23 and Authorizing the County of Alameda to Collect and Enforce the Levy on Behalf of the City
Contact Persons:

Name: Mario Rosas David Persselin
Title: Budget and Treasury Analyst Finance Director
Dept: Finance Department Finance Department
Phone: 510-494-4637 510-494-4631
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Establish the Fire Safety Project General Obligation Bonds tax rate of $0.0039 per $100 of assessed valuation (0.0039%) for Fiscal Year 2022/23.

2. Adopt a resolution requesting and authorizing the County of Alameda to levy a tax on all taxable properties in the City as a voter-approved levy with respect to the Fire Safety Project General Obligation Bonds.

B. CITYWIDE FIBER OPTICS MASTER PLAN - Adopt a resolution adopting the Citywide Fiber Optic Master Plan and make a finding that the Citywide Fiber Optic Master Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per Guidelines Sections 15262 and 15378(b), and no further environmental review is required at this time.

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: Adopt a resolution adopting the Citywide Fiber Optic Master Plan included with this report and finding that the action is exempt from CEQA.

July 19, 2022 Fremont City Council Agenda Page 8

8. Council Communications
A. Council Referrals

1. MAYOR MEI REFERRAL: Designation of League of California Cities Annual Conference Voting Delegate
Contact Persons:

Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

RECOMMENDATION: By motion, appoint Vice Mayor Salwan as the City’s voting delegate for the League of California Cities Annual Conference and Councilmember Jones as the voting alternate.

2. RESPONSE TO COUNCILMEMBER KASSAN REFERRAL – Regarding Input from Commissions for Major Road Projects
Contact Persons:

Name: Amanda Gallo Hans Larsen
Title: Management Analyst II Public Works Director
Dept: City Manager's Office Public Works
Phone: 510-284-4016 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Provide direction to staff regarding the options for consideration outlined in this report.

B. Oral Reports on Meetings

9. Adjournment

July 19, 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

July 19, 2022 Fremont City Council Agenda Page 10

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 July 19, 2022 6:00 p.m. City Council Closed Session
Meeting
Council
Chambers Live
July 19, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 26, 2022 5:30 p.m. CANCELLED: 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 CC/FUSD Liaison Committee
Meeting *CANCELLED*
Monday,
October 3, 2022 5:30 p.m. Joint City Council/FUSD
Meeting
FUSD
Hosts Live
October 4, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
October 11, 2022 7:00 p.m. City Council Meeting Council Chambers Live
October 18, 2022 7:00 p.m. City Council Meeting Council Chambers Live
October 25, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting
FUSD
Hosts Live
November 1, 2022 7:00 p.m. City Council Meeting Council Chambers Live
November 8, 2022 7:00 p.m. City Council Meeting Council Chambers Live
November 15, 2022 7:00 p.m. City Council Meeting Council Chambers Live
November 22, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
November 29, 2022 No 7PM City Council Meeting
(5th Tuesday)
December 6, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 13, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 20, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 27, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live

Fremont City Council Meeting: 07/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4675) DOC ID: 4675
Updated: 7/13/2022 11:10 AM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Special and Regular Meetings of June 21, 2022, the Special Meeting of June 25, 2022, the Special Meeting of June 29, 2022, and the Special and Regular Meetings of July 12, 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 Special and Regular Meetings of June 21, 2022, the Special Meeting of June 25, 2022, the Special Meeting of June 29, 2022, and the Special and Regular Meetings of July 12, 2022.

ATTACHMENTS:
• Draft Minutes

RECOMMENDATION: Approve minutes.

2.B
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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
JUNE 21, 2022

VIRTUAL MEETING VIA ZOOM
5:30 P.M.

Call to Order: Mayor Mei called the mee ting to order at 5:31 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 5:33 p.m.

CONFERENCE WITH LABOR NEGOTIATOR: The City Council will hold a special meeting which will commence as an open meeting and then adjourn to a closed session as authorized by subdivision (a) of Section 54957.6 of the Government Code for the purpose of reviewing its position for upcoming employee negotiations and for instructing Karena McGee Shackelford, City Manager; Rafael E. Alvarado, Jr., City Attorney; Brian Stott, Assistant City Manager; Christina Briggs, Assistant City Manager; David Persselin, Finance Director; Allen DeMers, Human Resources Director; Tina Gallegos, Human Resources Manager; Sean Washington, Police Chief; and Jonathan Holtzman, Designated Representative; as the City’s negotiators regarding salaries, salary schedules, compensation paid in the form of fringe benefits of its represented and unrepresented employees, and for any other matters within the statutorily provided scope of representation.

The names of the organizations representing employees in question are:

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

The Special Meeting of the Fremont City Council adjourned at 7:05 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 (4675 : Approval of Minutes - 2022-06-21 - 2022-07-12)

*Consent Items

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MINUTES

FREMONT CITY COUNCIL MEETING
JUNE 21, 2022

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:11 p.m.

B. Flag Salute: Councilmember Shao 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/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Attorney Alvarado reported that the Council conducted a conference with labor negotiators regarding the employee organizations listed on the closed session agenda.

The Council provided direction but took no reportable action.

2. CONSENT CALENDAR

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

On a motion by Councilmember Cox, seconded by Councilmember Jones, 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 consid eration of Approval of Minutes

On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council approved the minutes for the Special Meeting of May 31, 2022, the Special and Regular Meetings of June 7, 2022, and the Special and Regular Meetings of June 14, 2022

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

Absent: None
Abstain: None

2.B.a
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Attachment: Draft Minutes (4675 : Approval of Minutes - 2022-06-21 - 2022-07-12)

*Consent Items

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* C. Mayor Mei opened consideration of Second Reading and Adopt ion of an Ordinance of the City of Fremont Amending Fremont Municipal Code Title 12, Streets, Sidewalks and Public Property, Chapter 12.20 Parks and Recreation Areas, Section 12.20.060 Prohibited Conduct Generally, Regarding Drones in Parks and Recreation Areas

On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council adopted Ordinance No. 07-2022.

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

* D. Mayor Mei opened consideration to Authorize the City Manag er to Execute a Service Agreement with The Hoffman Agency for Communications Writing Assistance Services

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Kelly Abreu commented. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Shao, seconded by Councilmember Cox, the City Council authorized the City Manager, or her designee, to execute a two-year service agreement with The Hoffman Agency for communications writing assistance services, in an annual amount not to exceed $60,000, for a total amount of $120,000.

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

Absent: None
Abstain: None

* E. Mayor Mei opened consideration to Authorize the City Manag er to Execute a Service Agreement with Alameda County Library for Additional Library Service Hours at Centerville Library and Fremont Main Library

On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council authorized the City Manager or designee to execute a service agreement with Alameda County Library to maintain additional library hours at the Fremont Main Library and Centerville Library for a five-year term (2022-2027).

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

Absent: None
Abstain: None

2.B.a
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Attachment: Draft Minutes (4675 : Approval of Minutes - 2022-06-21 - 2022-07-12)

*Consent Items

Page 3 ends

* F. Mayor Mei opened considerati on of Authorization for City Manager to Enter into a FY 2022-2025 Three-Year Welcome Center Services Agreement with East Bay Agency for Children

On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council authorized the City Manager or her designee to enter into an agreement with East Bay Agency for Children, effective July 1, 2022 through June 30, 2025, for an amount not to exceed $215,481.

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

Absent: None
Abstain: None

* G. Mayor Mei opened consideration of Approval of Plans and Sp ecifications and Award of Contract to TGN Build, Inc. in the amount of $476,100 (including 15% Contingency) for the Fremont Family Resource Center I & II ADA Upgrades Project (PWC 9073); Exempt from Environmental Review per CEQA Guideline Section 15301 (Existing Facilities)

On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council approve the following actions related to the Family Resource Center I & II ADA Upgrades Project (PWC 9073):

1. Approved the Plans and Speci fications for the project;

2. Accepted the Bid and award the construction contract to the lowest responsive and responsible bidder TGN, Inc. in the amount of $414,000 and allocate a 15% contingency in the amount of $62,100 for a total construction contract amount of $476,100 and authorize the City Manager or designee to execute the contract; and

3. Find that the project is exemp t from CEQA review pursuant to CEQA Guideline section 15301 as a repair or modification of an existing facility involving negligible or no expansion of use.

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

Absent: None
Abstain: None

* H. Mayor Mei opened consideration to Review Conflict of Inter est Code and Authorize the Execution of the Biennial Review Notice

On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council directed staff to review the conflict of interest code and authorize execution of the Biennial Review Notice regarding whether amendments are required, not later than October 3, 2022

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

Absent: None
Abstain: None

* I. Mayor Mei opened consideration to Adopt a Resolution Appro ving a Funding Agreement with Caltrans; Appropriate Funds in the Amount of $7.2 Million for the I-680 Interchange Modernization Project at North Mission Boulevard (PWC9021); and Make Findings of CEQA Exemption. (I-680/Mission Interchange Project)

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Kelly Abreu and Gopalakrishnan Padma commented. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Vice Mayor Salwan, seconded by Councilmember Keng, the City Council adopted Resolution No.2022-31:

1. Appropriating Senate Bill 170 funds in the amount of $7.2 million to the I‑680/North Mission Boulevard Interchange Modernization Project - PWC 9021-52;

2. Authorizing the City Manager or designee to execute a funding agreement with Caltrans for the transfer of the grant and prepare any other documents required to implement said agreement; and

3. Finding that the action is exempt from CEQA review.

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

Absent: None
Abstain: None

3. CEREMONIAL ITEMS

A. Resolution: Honoring Major General Garrett Yee in Recognition of His Retirement

B. Certificates of Recognition: Y outh Voter Movement Leaders (League of Women Voters)

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

The following persons commented: Yuvraj Walia and John Hinds.

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5. SCHEDULED ITEMS

A. Mayor Mei opened consideration of Public Hearing (Published Notice) on the Use of Federal Community Development Block Grant Funds for Fiscal Year (FY) 2019-20 and FY 2022-24; Adopting a Resolution Approving the FY 2022-23 Annual Action Plan, Amending the FY 2019-20 Action Plan, amending CARES Act Funding; and Authorizing the City Manager to Execute Agreements with the U.S. Department of Housing and Urban Development and CDBG Grantees and Programs and Making Findings of CEQA Exemption (CDBG Funding Recommendations and FY 2022-23 Annual Action Plan)

No presentation provided by staff. Mayor Mei opened the public hearing. Marie Hughes (member of the Fremont For Everyone (FFE) Leadership Team and a Safe Parking volunteer) commented. There being no additional speakers, Mayor Mei closed the public hearing. This was followed by comments from Councilmembers.

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

1. Held a public hearing on the proposed FY 2022-24 CDBG Program Final Statement of Community Development Objectives and Projected Use of Funds and the FY 2022/23 Annual Action Plan, and the Amendment to the FY 2019/20 Action Plan;

2. Adopted Resolution No. 2022-32 that:
a. Allocates CDBG funds for F Y 2022/23 and FY 2023/24 in the amounts specified in the Final Statement of Community Development Objectives and Projected Use of Funds (“Final Statement”), as set forth in Exhibit 3 to this Staff Report. b. As required by CDBG regulations , approves the reallocation of $340,000 in CDBG CARES Act funding to the following projects:
• $190,000 for Project Homekey operating costs (contingent on p roject approval). • $150,000 for Safe Parking Program.
c. Amends the City’s FY 2019/20 CDBG Action Plan to incorporate new CARES Act funded project, as recommended by staff in the amounts stated herein. d. Authorizes the City Manager or his designee to submit the FY 2022-24 CDBG Program Final Statement of Community Development Objectives and Projected Use of Funds, and the City’s CDBG FY 2022/23 Annual Action Plan, as recommended by staff in the amounts stated herein.
e. Authorizes staff to:
• Allocate additional funds to public service projects should t he City receive additional program income in FY 2021/22 or a greater entitlement allocation from HUD in FY 2022/23.
• Reserve unallocated funds to provide gap funding or fund proj ects that meet emerging needs.
f. Approves and authorizes the Cit y Manager or her designees to execute CDBG Entitlement and funding agreements with HUD.
g. Approves and authorizes the Cit y Manager or her designees to execute agreements effective July 1, 2022, with the grantees recommended for funding by staff in the amounts set forth herein, contingent upon a finding of no significant impact in the

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corresponding environmental assessments and completion of the required public comment period.

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

Councilmembers reported on their various meetings.

9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 7:55 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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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
JUNE 25, 2022

VIRTUAL MEETING VIA ZOOM
1:00 P.M.

Call to Order: Mayor Mei called the mee ting to order at 1:04 p.m.

Roll Call: Present: Mayor Mei, Vice Mayor Salwan (joined at 1:10 p.m.), Councilmembers: Keng, Jones, Kassan, Shao, and Cox

Public Comment: None.

CONVENED TO A CLOSED SESSION at 1:05 p.m.

The names of the organizations representing employees in question are:

The Special Meeting of the Fremont City Council adjourned at 2:33 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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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
JUNE 29, 2022

VIRTUAL MEETING VIA ZOOM
5:00 P.M.

1. Call to Order: Mayor Mei called the mee ting to order at 5:03 p.m.

2. Roll Call: Present: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng (joined at 5:16 p.m.), Jones, Shao, and Cox

Absent: Councilmember Kassan

3. Public Comment: None.

CONVENED TO A CLOSED SESSION at 5:05 p.m.

4. CONFERENCE WITH LEGAL COUNS EL - EXISTING LITIGATION (Government Code Section 54956.9)

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

5. CONFERENCE WITH LABOR NEGOTIATOR: The City Council will hold a special meeting which will commence as an open meeting and then adjourn to a closed session as authorized by subdivision (a) of Section 54957.6 of the Government Code for the purpose of reviewing its position for upcoming employee negotiations and for instructing Karena McGee Shackelford, City Manager; Rafael E. Alvarado, Jr., City Attorney; Brian Stott, Assistant City Manager; Christina Briggs, Assistant City Manager; David Persselin, Finance Director; Allen DeMers, Human Resources Director; Tina Gallegos, Human Resources Manager; Sean Washington, Police Chief; and Jonathan Holtzman, Designated Representative; as the City’s negotiators regarding salaries, salary schedules, compensation paid in the form of fringe benefits of its represented and unrepresented employees, and for any other matters within the statutorily provided scope of representation.

The names of the organizations representing employees in question are:

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6. The Special Meeting of the Fremont City Council adjourned at 7:34 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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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
JULY 12, 2022

VIRTUAL MEETING VIA ZOOM
5:30 P.M.

Call to Order: Mayor Mei called the mee ting to order at 5:32 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 5:33 p.m.

The names of the organizations representing employees in question are:

The Special Meeting of the Fremont City Council adjourned at 6:32 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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MINUTES

FREMONT CITY COUNCIL MEETING
JULY 12, 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/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

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

City Attorney Alvarado reported that the Council conducted a conference with labor negotiators regarding the employee organizations listed on the closed session agenda.

The Council provided direction but took no reportable action.

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
A
bstain: None

* B. Approval of Minutes - None.

* C. Mayor Mei opened consideration to 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

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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 conti nues 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 August 9, 2022.

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

* D. Mayor Mei opened consideration to Adopt a Resolution Autho rizing the City Manager to Execute a FY 2022/23 Contract with the California Department on Aging to Provide Multipurpose Senior Services Program (MSSP) and Making Findings of CEQA Exemption (MSSP PROGRAM CONTRACT)

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-33 approving and authorizing the City Manager or her designee to execute the contract MS-2223-37 with the California Department on Aging to provide MSSP services for FY 2022/23 in an amount not to exceed $546,312.

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

Absent: None
Abstain: None

* E. Mayor Mei opened consideration to Authorize the City Manag er or Designee to Execute the Facilities Maintenance Agreement with SpectraTurf, Inc. (Playground Maintenance and Safety Resurfacing)

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council awarded a Facilities Maintenance Agreement through June 30, 2027 and authorize the City Manager or designee to execute the agreement with SpectraTurf, Inc., with a total not to exceed amount of $891,344.

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

Absent: None
Abstain: None

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The City Council discussed Items 2.F - 2.L together.

* F. Mayor Mei opened Consideration of a Resolution Approving a Successor Memorandum of Understanding (MOU) with the Fremont Police Association (FPA)

On a motion by Vice Mayor Salwan, seconded by Councilmember Jones, the City Council adopted Resolution No. 2022-34 approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Fremont Police Association (FPA); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU. Included in the motion, was an amendment to review the budget information in October. The MOUs were proposed base on a set of assumptions. One of the key assumptions was the sales tax revenue. Finance will not receive the data until the end of September. The Finance Department will then provide findings and recommendations after a thorough review the City’s financial situation, in order to make any type of adjustment to the budget.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: Councilmember Kassan

Absent: None
Abstain: None

* G. Mayor Mei opened Consideration of a Resolution Approving a Successor Memorandum of Understanding (MOU)with the Fremont Association of Management Employees (FAME)

On a motion by Vice Mayor Salwan, seconded by Councilmember Jones, the City Council adopted Resolution No. 2022-35 approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Fremont Association of Management Employees (FAME); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU. Included in the motion, was an amendment as noted in Item 2.F.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: Councilmember Kassan

Absent: None
Abstain: None

* H. Mayor Mei opened Consideration of a Resolution Approving a Successor Memorandum of Understanding (MOU) with the Fremont Fire Fighters, International Association of Fire Fighters Local 1689 (IAFF)

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On a motion by Vice Mayor Salwan, seconded by Councilmember Jones, the City Council adopted Resolution No. 2022-36 approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) including those terms for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Fremont Fire Fighters, International Association of Fire Fighters (IAFF), Local 1689; and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU. Included in the motion, was an amendment as noted in Item 2.F.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: Councilmember Kassan

Absent: None
Abstain: None

* I. Mayor Mei opened Consideration of a Resolution Approving a Successor Memorandum of Understanding (MOU) with the Fremont Battalion Chiefs, International Association of Fire Fighters, Local 1689 (IAFF-BC)

On a motion by Vice Mayor Salwan, seconded by Councilmember Jones, the City Council adopted Resolution No. 2022-37 approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) including those terms for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Fremont Battalion Chiefs, International Association of Fire Fighters (IAFF-BC), Local 1689; and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU. Included in the motion, was an amendment as noted in Item 2.F.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: Councilmember Kassan

Absent: None
Abstain: None

* J. Mayor Mei opened Considera tion of a Resolution Approving a Successor Memorandum of Understanding (MOU) with the Professional Engineers and Technicians Association (PETA)

On a motion by Vice Mayor Salwan, seconded by Councilmember Jones, the City Council adopted Resolution No. 2022-38 approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the Professional Engineers and Technicians Association (PETA); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

Included in the motion, was an amendment as noted in Item 2.F.

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Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: Councilmember Kassan

Absent: None
Abstain: None

* K. Mayor Mei opened Consideration of a Resolution Approving a Successor Memorandum of Understanding (MOU) with Teamsters, Local 856

On a motion by Vice Mayor Salwan, seconded by Councilmember Jones, the City Council adopted Resolution No. 2022-39 approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and Teamsters; and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU. Included in the motion, was an amendment as noted in Item 2.F.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: Councilmember Kassan

Absent: None
Abstain: None

* L. Mayor Mei opened Consideration of a Resolution Approving a Successor Memorandum of Understanding (MOU) with the City of Fremont Employee Association (CFEA)

On a motion by Vice Mayor Salwan, seconded by Councilmember Jones, the City Council adopted Resolution No. 2022-40 approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 between the City of Fremont and the City of Fremont Employee Association (CFEA); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU. Included in the motion, was an amendment as noted in Item 2.F.

Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: Councilmember Kassan

Absent: None
Abstain: None

* M. Mayor Mei opened Consider Adopting a Resolution Authorizin g A Wage Increase and Amending the Employment Agreement between Rafael E. Alvarado Jr. and the City of Fremont

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On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-41 authorizing the Mayor to execute the First Amendment to the City Attorney’s employment agreement to provide a five percent cost of living wage increase.

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

Absent: None
Abstain: None

* N. Mayor Mei opened Consideration of a Resolution Approving a Wage Increase and Amendment to the Employment Agreement between Karena McGee Shackelford and the City of Fremont

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-42 authorizing the Mayor to execute the First Amendment to the City Manager’s employment agreement to provide a five percent cost of living wage increase.

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

Absent: None
Abstain: None

3. CEREMONIAL ITEMS

A. Proclamation: National Night Out

B. Ceremonial Presentation: Donation of Painting to City of Fre mont by Country Club of Washington Township Women’s Club by Michi Yee, President

The collage was painted by Women’s Club member Michi Yee and donated to the City.

Washington Hospital has offered to host and display the painting in the Volunteer Service area of the hospital. In this space, it will serve as both a historical reminder of the 125+ years of service provided by the Country Club of Washington Township Women’s Club and as an inspiration to volunteers of the future.

C. Proclamation: Summer Learning Week July 11-15, 2022

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

The following persons commented: John Hinds, Laura Winter and Kelly Abreu.

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5. SCHEDULED ITEMS

A. Mayor Mei opened consideration of Public Hearing (Published Notice) to Provide Input on a Draft of Fremont’s 2023-2031 Housing Element Update, An Eight-Year Plan to Meet the Housing Needs of Everyone in the Community.

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.

Community Development Director, Dan Schoenholz provided an introduction. Principal Planner Wayland Li and Associate Planner Courtney Pal gave the presentation. Staff responded to questions from Councilmembers. Mayor Mei opened the public hearing. Lisa Danz, Kenneth Do (Field Representative for the Nor Cal Carpenters Union Local 713), Kelly Abreu, and John Hinds commented. There being no additional speakers, Mayor Mei closed the public hearing.

This was followed by comments from Councilmembers.

The City Council reviewed, conducted a public hearing, and provided comments on draft 2023- 2031 Housing Element.

B. Mayor Mei opened consideration to Introduce an Ordinance Am ending the Fremont Municipal Code Section 2.05.060 and Authorizing a Salary Increase for the Mayor and Council Members (Adjustments to the Salaries of the Mayor and Councilmembers)

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.

Mayor Mei opened the public hearing. Kelly Abreu commented. There being no additional speakers, Mayor Mei closed the public hearing. This was followed by questions and comments from Councilmembers.

On a motion by Councilmember Jones, seconded by Councilmember Keng, the City Council waived full reading and introduced an ordinance amending the Municipal Code to authorize an increase in the salary of the City Councilmembers to $2,427.76 per month and of the Mayor to $4,313.28 per month, effective after the new City Council is seated following the election of November 8, 2022.

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

Absent: None
Abstain: None

6. REPORT FROM CITY ATTORNEY – None.

7. OTHER BUSINESS – None.

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8. COUNCIL COMMUNICATIONS

A. Council Referrals – None.

B. Oral Reports on Meetings

Councilmembers reported on their various meetings.

9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:30 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 (4675 : Approval of Minutes - 2022-06-21 - 2022-07-12) Fremont City Council Meeting: 07/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4492) DOC ID: 4492
Updated: 7/14/2022 7:56 AM by Alberto Quintanilla Page 1 SELECTION OF THE VICE MAYOR - Selection of the Vice Mayor for the Period Covering July 2022 through March 2023
Contact Persons:

Name: Susan Gauthier Christina Briggs
Title: City Clerk Assistant City Manager
Div/Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-284-4022
E-Mail: [email protected] [email protected]

Executive Summary: The following report is being presented to Council to appoint the Vice Mayor for the period covering July 2022 through March 2023.

BACKGROUND: Chapter 1, Section F (2) of the City Council Handbook of Rules and Procedures (Vice Mayor Selection and Duties) provides: “The Councilmember who received the highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the first eight months following the next general municipal election. The Councilmember who received the second highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the next eight months.

The Councilmember who received the third highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the next eight months.”

DISCUSSION/ANALYSYS: Per the order of selection of Vice Mayor described above, Councilmember Teresa Keng is next in line for appointment as Vice Mayor for the period covering July 2022 through March 2023, as she received the second highest number of votes during the 2020 general municipal election.

FISCAL IMPACT: N/A

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS: None.

RECOMMENDATION: By motion, appoint Councilmember Teresa Keng as the Vice Mayor for the period covering July 2022 through March 2023.

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Fremont City Council Meeting: 07/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4644) DOC ID: 4644
Updated: 7/14/2022 6:22 PM by Susan Gauthier Page 1

DELEGATION OF AUTHORITY TO CITY MANAGER DURING COUNCIL RECESS - Adopt a Resolution Delegating Authority to City Manager during City Council Recess, July 20, 2022 through September 5, 2022
Contact Persons:

Executive Summary: The purpose of this report is to notify the City Council of administrative matters potentially requiring action during the Council recess between July 20, 2022 and September 5, 2022. The City Council is being asked to delegate authority to the City Manager or designee to approve contracts and other administrative matters required to be approved during the City Council’s scheduled recess. Actions taken during this period will be reported out to Council at the first Council meeting following the Council recess, which is scheduled for September 6, 2022.

BACKGROUND: Fremont Municipal Code Sections 2.10.080(p) and 3.20.070(b)(2) provide procedures by which the City Council may delegate authority to the City Manager to approve contracts and other administrative matters required to be approved during the City Council’s scheduled recess. A report of actions taken will be provided to the City Council the first scheduled meeting after the recess. The following items have been identified as potentially requiring action during the recess:

1. Title: Approval of service agreement with DLT, a Tech Data Company, for Amazon Web Service (AWS) GovCloud
storage in an annual amount not to
exceed $168,000.

Staff Contact: David Yu, Infrastructure Services Manager, 510-494-4826
Name of Contracting Party: DLT, a Tech Data Company
Budgeted Amount: $168,000
Fund/Account Code: 620.17016
Recommended Action: Authorize the City Manager or designee to enter into a three-year service agreement in an annual amount
not to exceed $168,000 for Amazon Web Services
(AWS) GovCloud storage and execute any
implementing documents and take any necessary
implementing actions.

2. Title: Establishment of Shinn Park Maintenance Fund PWC to Support Special Shinn Park Projects that will be
funded by an Annual Gift from the East Bay
Community Grant Funds

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Staff Report (ID # 4644) Meeting of July 19, 2022
Updated: 7/14/2022 6:22 PM by Susan Gauthier Page 2
Staff Contact: Andrew Freeman, Community Services Business Manager, 510-494-4757
Name of Contracting Party: East Bay Community Foundation (Gift) Budgeted Amount: $10,000 first year and additional annual gifts in the amount of $10,000 anticipated with no General
Fund Impact
Fund/Account Code: PWC 9085-545
Recommended Action: Authorize the City Manager or designee to accept and appropriate the use of the $10,000 gift in PWC
9085 and any additional annual gifts provided by
East Bay Community Grant Funds to support special
Shinn Park arboreal and park maintenance projects.

3. Title: Approval of Social Service Grant Agreement with Tri-City Volunteers
Staff Contact: Guadalupe Gonzalez, Management Analyst I, 510- 574-2087
Name of Contracting Party: Tri-City Volunteers
Budgeted Amount: $130,000
Fund/Account Code: 102.53140
Recommended Action: Authorize the City Manager or designee to enter into an agreement with Tri-City Volunteers, in an amount
not to exceed $130,000, effective July 1, 2022
through June 30, 2023,

4. Title: Approval of Social Service Grant Agreement with Abode Services
Staff Contact: Guadalupe Gonzalez, Management Analyst I, 510- 574-2087
Name of Contracting Party: Abode Services
Budgeted Amount: $150,000
Fund/Account Code: 102.53140
Recommended Action: Authorize the City Manager or designee to enter into an agreement with Abode Services, in an amount not
to exceed $150,000, effective July 1, 2022 through
June 30, 2023,

5. Title: FY 22/23 Fremont Unified School District Task Order Staff Contact: Annie Bailey, Youth and Family Services Division Administrator, 510-574-2111
Name of Contracting Party Fremont Unified School District Budgeted Amount: $113,563
Fund/Account Code: 102.53410
Recommended Action: Authorize the City Manager or designee to enter into a Task Order with Fremont Unified School District in
an amount not to exceed $113,563 for Youth and
Family Services Division to provide School-Based
Mental Health Counseling; Why Try Cognitive
Behavioral Groups as an Alternative to Suspension
Program for At-Risk Youth; Substance Use Disorder

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Staff Report (ID # 4644) Meeting of July 19, 2022
Updated: 7/14/2022 6:22 PM by Susan Gauthier Page 3
Treatment Services for Adolescents at Robertson and
Kennedy High Schools; and the Family Resource
Center Division to provide Family Support Services
(Case Management) for the 2022-2023 school year
(August 16, 2022 through June 15, 2023).

6. Title: FY 22/23 Task Orders with the City of Newark
Staff Contact: Shawn Fong, Management Analyst II, 510-574-2033 Name of Contracting Party: City of Newark
Budgeted Amount: $298,052
Fund/Account Code: 176.53520 (Paratransit) (TBD – Case Management) Recommended Action: Authorize the City Manager or designee to execute task orders to the existing Joint Powers Agreement
with the City of Newark for: (1) the provision of
FY 2022/23 case management services, in the
amount of $5,000,and (2) the provision of
FY 2022/23 paratransit services, in the amount not
to exceed $293,052.

7. Title: Health Promotion Project
Staff Contact: Karen Grimsich, Administrator, 510-574-2062 Name of Contracting Party: Alameda County Health Care Agency Budgeted Amount: $200,603
Fund/Account Code: 104.53310
Recommended Action: Authorize the City Manager or designee to execute a contract with the Alameda County Health Care
Services Agency in the amount of $200,603 for the
period of July 1, 2022 through July 30, 2023 for the
Health Promoter Project.

ATTACHMENTS:
• Draft Resolution Delegation of Authority to City Manager During Council Recess

RECOMMENDATION: Adopt a resolution authorizing the City Manager or designee to take the following actions, as necessary, during the City Council recess period:

3. Authorize the City Manager or designee to enter into an agreement with Tri-City Volunteers, in an amount not to exceed $130,000, effective July 1, 2022 through June 30, 2023,

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Staff Report (ID # 4644) Meeting of July 19, 2022
Updated: 7/14/2022 6:22 PM by Susan Gauthier Page 4

4. Authorize the City Manager or designee to enter into an agreement with Abode Services, in an amount not to exceed $150,000, effective July 1, 2022 through June 30, 2023,

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT DELEGATING AUTHORITY TO THE CITY MANAGER OR

DESIGNEE TO AWARD CONTRACTS AND TO EXECUTE

AGREEMENTS ON BEHALF OF THE CITY OF FREMONT DURING

THE CITY COUNCIL'S ANNUAL SCHEDULED R ECESS FROM
JULY 20, 2022 THROUGH SEPTEMBER 5, 2022

WHEREAS, Fremont Municipal Code Sections 2.10.080(p) and 3.20.070(b)(2) provide procedures by which the City Council may delegate authority to the City Manager to approve contracts and administrative matters otherwise within the authority of the City Council during the City Council’s scheduled recess; and

WHEREAS, City Council will be in recess from July 20, 2022 through September 5, 2022; and

WHEREAS, City staff is aware of specific actions that will be needed for on-going projects and programs during the Council recess.

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

SECTION 1. The City Manager or his designee is hereby authorized to consider, approve, and execute contracts and other administrative matters needed for the on-going operation of the City within existing budgetary appropriations during the City Council’s scheduled recess, including the following:

3. Authorize the City Manager or designee to enter into an agreement with Tri-City Volunteers, in an amount not to exceed $130,000, effective July 1, 2022 through June 30, 2023,

4. Authorize the City Manager or designee to enter into an agreement with Abode Services, in an amount not to exceed $150,000, effective July 1, 2022 through June 30, 2023,

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Attachment: Draft Resolution Delegation of Authority to City Manager During Council Recess (4644 : Delegation of Authority to City Manager Resolution No. 2022-XX Page 2 of 2

5. Authorize the City Manager or designee to enter into a Task Order with Fremont Unified School District in an amount not to exceed $113,563 for the Youth and Family Services Division to provide School-Based Mental Health Counseling; Why Try Cognitive Behavioral Groups as an Alternative to Suspension Program for At- Risk Youth; Substance Use Disorder Treatment Services for Adolescents at Robertson and Kennedy High Schools; and the Family Resource Center Division to provide Family Support Services (Case Management) for the 2022-2023 school year (August 16, 2022 through June 15, 2023).

6. Authorize the City Manager or designee to execute task orders to the existing Joint Powers Agreement with the City of Newark for: (1) the provision of FY 2022/23 case management services, in the amount of $5,000, and ((2) the provision of FY 2022/23 paratransit services, in an amount not to exceed $293,052.

SECTION 2. The City Manager shall report to the City Council regarding the actions taken under this Resolution at the September 6, 2022 City Council Meeting.

ADOPTED, ____________ 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 Delegation of Authority to City Manager During Council Recess (4644 : Delegation of Authority to City Manager Fremont City Council Meeting: 07/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: Engineering
Fremont, CA 94538 Category: Property Acquisitions & Dispositions

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4655) DOC ID: 4655
Updated: 7/14/2022 8:10 AM by Alberto Quintanilla Page 1 VACATION OF EASEMENT AT 39176 FREMONT BOULEVARD - Adopt a Resolution Summarily Vacating a Water Line Easement at 39176 Fremont Boulevard in Central Community Plan Area (PLN2022-00001) and Make Findings of CEQA Exemption
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 water line easement at 39176 Fremont Boulevard to support the construction of a mixed-use project located in the Central Community Plan Area.

BACKGROUND: MIG Real Estate, the property owner and developer of the project commonly known as Fremont Bank Residences, has applied for the vacation of a water line easement on their property. The water line easement proposed for vacation was originally dedicated to the City of Fremont on Parcel Map 10345, recorded on June 10, 2015. It is located near the south westerly corner of the property adjacent to Capitol Avenue (see Exhibits A and B).

On March 3, 2021, the City Council approved a discretionary design review to allow the construction of a six-story mixed-use building with 240 market-rate apartment units and approximately 6,300 square-feet of commercial area wrapped around a six-story parking garage. To fulfill a condition of approval of the discretionary design review and facilitate the development, the developer has applied to the City for the vacation of the water line easement.

DISCUSSION/ANALYSIS: California Streets and Highways Code, Section 8333(c) allows the City to summarily vacate a public service easement when it is “superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.” City staff have determined that the water line easement is no longer needed due to relocation, and there are no other public facilities located within the easement.

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

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The vacation of the water line easement is exempt from environmental review, as a minor alteration to land use limitations pursuant to CEQA Guidelines, Section 15305 (14 CCR § 15305).

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Staff Report (ID # 4655) Meeting of July 19, 2022
Updated: 7/14/2022 8:10 AM by Alberto Quintanilla Page 2 ATTACHMENTS:
• Exhibit A - Legel Description for Water Line Easement Vacation • Exhibit B - Plat to Accompany Legal Description
• Draft Resolution Summarily Vacating Water Line Easement 39176 Fremont Blvd

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Attachment: Exhibit A - Legel Description for Water Line Easement Vacation (4655 : VACATION OF EASEMENT AT 39176 FREMONT

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Attachment: Exhibit B - Plat to Accompany Legal Description (4655 : VACATION OF EASEMENT AT 39176 FREMONT BOULEVARD) 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 WATER LINE EASEMENT A T 39176

FREMONT BOULEVARD , CENTRAL COMMUNITY PLAN AREA
(PLN2022-00001), AND MAKING A FINDING OF CEQA EXEMPTION

WHEREAS, the Applicant/Developer of the property located at 39176 Fremont Boulevard is requesting approval of a summary vacation of the water line easement described and depicted in Exhibits A and B, attached and incorporated herein by this reference; and

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

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

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

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

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

Section 2. The City Council finds that the vacation of the easement is exempt from environmental review under CEQA Guidelines, Section 15305.

Section 3. 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.

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Attachment: Draft Resolution Summarily Vacating Water Line Easement 39176 Fremont Blvd (4655 : VACATION OF EASEMENT AT 39176 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:

__________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

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Attachment: Draft Resolution Summarily Vacating Water Line Easement 39176 Fremont Blvd (4655 : VACATION OF EASEMENT AT 39176 Fremont City Council Meeting: 07/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4653) DOC ID: 4653
Updated: 7/14/2022 8:08 AM by Alberto Quintanilla Page 1

AGREEMENT WITH THE COUNTY OF ALAMEDA FOR THE COLLECTION OF TAXES AND ASSESSMENTS FOR FISCAL YEAR 2022/23 - Adopt a Resolution Authorizing the City Attorney to Execute a Certification and Mutual Indemnification Agreement with the County of Alameda for the Collection of Taxes and Assessments for Fiscal Year 2022/23
Contact Persons:

Name: Rocio Fierro Rafael Alvarado
Title: Senior Deputy City Attorney II City Attorney
Div/Dept: City Attorney's Office City Attorney's Office Phone: 510-284-4033 510-284-4030
E-Mail: [email protected] [email protected]

Executive Summary: The County of Alameda collects certain assessments, fees , and taxes (collectively, “Assessments”) on behalf of the City. In order for this to occur, each year the County requires the City to sign a Certification and Mutual Indemnification Agreement. Staff recommends approval of the agreement.

BACKGROUND: Each fiscal year, the City and its consultants transmit to the County of Alameda, Office of the Auditor-Controller, the Assessments to be placed on the secured property tax bill for collection by the County on behalf of the City. The City is responsible for determining the amount of each Assessment and for complying with the requirements of Proposition 218, which is codified in Articl es XIIIC and XIIID of the California Constitution.

DISCUSSION/ANALYSIS: For fiscal year 2022/23, the City’s Assessments that will be included in the County’s property tax bill are community facilities district special taxes, the landscape maintenance dist rict assessment, the clean water protection fee, the paramedic tax, and the Fire Safety General Obligation Bond special tax. In order for the County to collect these Assessments for the City, the County requires the City to sign a Certification and Mutual Indemnification Agreement, which certifies that the Assessments placed on the FY 2022/23 secured property tax bill comply with Proposition 218. The Agreement contains mutual indemnity provisions by which the City agrees to defend and indemnify the County i n any legal action challenging the City's compliance with Proposition 218; in return, the County agrees to collect the Assessments on behalf of the City and to indemnify the City for any liability resulting from the County's sole negligence in assessing, d istributing and collecting the Assessments.

FISCAL IMPACT: There are no direct fiscal impacts to the City. Approval of the agreement will save City staff time and resources by allowing the County to collect taxes and assessments on behalf of the City.

ENVIRONMENTAL REVIEW: None required.

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Staff Report (ID # 4653) Meeting of July 19, 2022
Updated: 7/14/2022 8:08 AM by Alberto Quintanilla Page 2 ATTACHMENTS:
• Draft Resolution Approving Agreement with County Auditor-Controller for Collection of FY 2022-23 Assessments-Taxes
• Exhibit A Certification and Mutual Indemnification Agreement FY 2022-23

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT AUTHORIZING THE CITY ATTORNEY TO EXECUTE A

CERTIFICATION AND MUTUAL INDEMNIFICATION AGREEMENT

WITH THE COUNTY OF ALAMEDA FOR THE COLLECTION OF
TAXES AND ASSESSMENTS FOR FISCAL YE AR 2022/23

WHEREAS, the County of Alameda (“County”) collects various property assessments, fees, and taxes through the County’s Secured Property Tax Roll on behalf of the City of Fremont (“City”); and

WHEREAS, the City’s assessments, fees, and taxes that will be placed on the County’s property tax bill for Fiscal Year 2022/23 will include the community facilities districts special taxes, the landscape maintenance district assessments, the clean water protection fee, the paramedic tax, and the Fire Safety General Obligation Bond special tax; and

WHEREAS, Proposition 218, codified in Articles XIIIC and XIIID of the State Constitution, requires the City to comply with certain requirements regarding the use of property taxes, fees, charges and assessments to finance public facilities and services, for which the respective City departments overseeing these programs have provided letters to the City Attorney certifying compliance with Proposition 218, which will be kept on file with the City Clerk as part of the County Agreement; and

WHEREAS, in order for the County to collect the City’s assessments and fees through its secured property tax roll, the County requires the City to sign a Certification and Mutual Indemnification Agreement, a copy of which is attached to this Resolution as Exhibit A, which must be signed and submitted to the Alameda County Auditor-Controller by August 10, 2022.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FREMONT hereby authorizes the City Attorney to execute, on behalf of the City, the Certification and Mutual Indemnification Agreement with Alameda County for the collection of taxes and assessments for Fiscal Year 2022/23.

ADOPTED__________________, 2022, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Draft Resolution Approving Agreement with County Auditor-Controller for Collection of FY 2022-23 Assessments-Taxes (4653 :

Resolution 2022-XX Page 2 of 2

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution Approving Agreement with County Auditor-Controller for Collection of FY 2022-23 Assessments-Taxes (4653 :

Certification and Mutual Indemnification Agreement

The CITY OF FREMONT (hereafter referred to as public agency) he reby certifies that to the best of its knowledge, the taxes, assessments and fees placed on the 2022/2 3 Secured Property Tax bill by the public agency met the requirements of Proposition 218 that added Articles XIIIC and XIIID to the State Constitution.

Therefore, for those taxes, assessments and fees which are subj ect to Proposition 218 and which are challenged in any legal proceeding on the basis that the public agency has failed to comply with the requirements of Proposition 218; the public agency agrees to defend, indemnify and hold harmless the County of Alameda, its Board of Supervisors, its Auditor-Controller/Clerk-Recorder, its officers and employees.

The public agency will pay any final judgment imposed upon the County of Alameda as a result of any act or omission on the part of the public agency in failing to comply with the requirements of Proposition 218.

The County of Alameda hereby agrees to defend, indemnify and ho ld harmless the public agency, its employees, agents and elected officials from any and all action s, causes of actions, losses, liens, damages, costs and expenses resulting from the sole negligence of the County of Alameda in assessing, distributing or collecting taxes, assessments and fees on behalf of the public agency.

If a tax, assessment or fee is challenged under Proposition 218 and the net amount of the proceeds after deduction of the County’s compensation for collection are shared by both the public agency and the County of Alameda; then the parties hereby agree that their proportional share of any liability or judgment shall be equal to their proportional share of the net amount of the proceeds from the tax, assessment or fee.

The above terms are accepted by the public agency and I further certify that I am authorized to sign this agreement and bind the public agency to its terms.

CITY OF FREMONT COUNTY OF ALAMED
A

Dated:

B
y: B y:
(Signature) (Signature)

(Print Name) (Print Name)

President of the Board of Supervisors
County of Alameda, California
(Print Title) (Print Title)

Approved as to form:

Farand C. Kan,
De
puty County Counsel

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Attachment: Exhibit A Certification and Mutual Indemnification Agreement FY 2022-23 (4653 : County Agreement for the Collection of Taxes Fremont City Council Meeting: 07/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4662) DOC ID: 4662
Updated: 7/14/2022 8:13 AM by Alberto Quintanilla Page 1 CAPITAL BUDGET APPROPRIATION AMENDMENTS - Approve Capital Budget Appropriation Actions to Support Various Transportation Projects Funded by Grant Sources
Contact Persons:

Name: Khandan Bahmani Hans Larsen
Title: City Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4768 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to amend the City’s Capital Budget to provide City “matching funds” and engineering support services for nine transportation improvement projects funded by grant sources. Most of the grants were obtained subsequent to Council approval in June 2021 of the Capital Budget, covering the two-year period of fiscal years 2021/22 and 2022/23. The total value of the budget adjustments is $4.3 million and they support grant funded activities valued at approximately $50 million.

The projects proposed for increased funding allocations include, I-880/Innovation Bridge and Trail, I-680 Sabercat Bridge and Trail, I-880/Decoto Interchange Modernization, Irvington BART Station, along with various “complete street” improvement projects along Decoto Road, Fremont Boulevard and Walnut Avenue.

BACKGROUND: The City has a five-year Capital Improvement Program (CIP) with a value of approximately $200 million. The current CIP and two-year Capital Budget was approved in June 2021 and is planned to be updated in June 2023. In the course of the two-year Capital Budget cycle, the cost and funding needs for some projects require adjustments to account for new grant funding opportunities, unexpected expenses, and new information.

DISCUSSION/ANALYSIS: Exhibit A (attached) documents the recommended Capital Budget appropriation amendments and provides an accounting of the proposed project funding increases (Table 1) and the offsetting sources of funding (Table 2). The increased funding is necessary to meet the City’s responsibilities under various grant agreements which includes funding for project engineering services and unexpected cost increases beyond the fixed grant amounts.

The offsetting funding sources to support the cost increases are proposed primarily from the following existing Capital Budget revenue sources, programs, and project appropriations:
unallocated County Measure B and BB funds; the Mowry/State Intersection Improvements Project; and the I-880 Bike and Pedestrian Trail-Christy-South Grimmer Project (near Pacific Commons). Regarding the latter two projects, the Mowry/State project is being considered for funding by an upcoming Federal grant opportunity and the I-880/ Pacific Commons Bridge and Trail project is being put “on hold”, as it is not currently considered a regional priority for construction funding.

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Staff Report (ID # 4662) Meeting of July 19, 2022
Updated: 7/14/2022 8:13 AM by Alberto Quintanilla Page 2 FISCAL IMPACT: The recommended actions increase the Capital Budget appropriation for nine projects by a total amount of $4.3 million and enable the City to benefit from other grant funding allocated to these projects in the amount of approximately $50 million.

Offsetting appropriation adjustments include transfers from unallocated funding sources and from lower priority projects in the Capital Budget.

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 – Capital Budget Appropriation Amendments

RECOMMENDATION: By motion, approve the Capital Budget appropriation amendment actions identified in Exhibit A.

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Exhibit A -Capital Budget Appropriation Amendments
Table 1: Project Appropriation Funding Increases
PWC
# Project Title Appropriation Source Fund Notes
8907 Bike/Ped Bridge over I880 (Innovation Bridge) $550,000 531 Facilitates completion of final design and readiness for construction funding. Provides local support for $5.5M grant from Alameda CTC. Reallocate funds from I880 Bike & Ped Trail Christy South Grimmer PWC 8978 Fund 531 $400,000 & Intersection Improvements Mowry/State PWC 8677 Fund 531 $150,000 8933 Measure BB- Staff Time Participation (Irvington BART Station) 250,000 531
Facilitates completion of final design and readiness for construction funding. Provides local support for $16.5M grant to BART from Alameda CTC. Reallocate funds from Intersection Improvements Mowry/State PWC 8677
8946 Complete Street Upgrade of SR84 (Centerville) 300,000 136 Facilitates completion of design and construction. Provides local support for $9.7M grants provided by Federal and Alameda CTC sources. Reallocate funds from Intersection Improvements Mowry/State PWC 8677
8977 Sabercat Trail Extension Project (I680 Bridge) 256,000 518, 531 Facilitates completion of final design and readiness for construction funding, including planning for Fossil Museum. Provides local support for $11.7M grant from State sources. Reallocate funds from Intersection Improvements Mowry/State PWC8677 Fund 518 $206,000, Fund 531 $50,000 9022 I880/ Decoto Rd Interchange Modernization 75,000 136 Facilitates project planning and environmental clearance. Provides local support for $5M grants from Alameda CTC and State sources. Reallocate funds from Intersection Improvements Mowry/State PWC8677 9025 Decoto Rd Complete Streets & Transit Priority 350,000 518, 136, 531 Facilitates completion of final design and readiness for construction funding. Provides local support for $19.9M grant from Alameda CTC and State sources. Reallocate funds from Intersection Improvements Mowry/State PWC8677 Fund 518 $175,000, Fund 136 $36,000 & Fremont/Mowry/Stevenson Protected Intersections PWC8927 Fund 531 $139,000
9037 Walnut Ave/Liberty Protected Intersection 350,000 519, 531 Facilitates completion of final design and construction. Provides local support for $915,000 grant from BART.

Appropriate Funds from unallocated fund balance Fund 519 $100,000 & reallocate funds from Intersection Improvement Mowry/State PWC 8677 Fund 531
9044 Traffic Signal Modernization Fremont/Walnut 829,000 515, 518, 531 Facilitates completion of final design and construction. Provides local matching funds for $1.3M grant from Federal sources. Appropriate Funds from unallocated fund balance Fund 515 $94,000 & Fund 518 $500,000, reallocate funds from Intersection Improvement Mowry/State PWC 8677 Fund 531 $235,000 9050 Fremont Blvd/Country Intersection Improvements 1,330,000 515, 520, 518, 136
Facilitates completion of final design and construction. Provides local matching funds for $0.6M in "safe routes to school" grants from Alameda CTC and State sources. Appropriate Funds from unallocated fund balance Fund 515 $356,000 & Fund 520 $75,000, reallocate funds from Intersection Improvement Mowry/State PWC 8677 Fund 136 $530,000, Fund 518 $369,000 Total Appropriation $4,290,000
Table 2: Defunding Action to Support Project Increases
PWC
# Project Title Funding
Amount Source Fund Notes
8677 Mowry/State Intersection Improvements $2,626,000 136, 518, 531 Partial defund of project which is eligible for grant funding Fund 136, $941,000. Fund 518 $750,000 Fund 531 $935,000,
8927 Fremont /Mowry/Stevenson Protected Intersections 139,000 531 Project is complete. Move surplus funding to support Decoto Rd. Complete Streets & Transit Priority project.
8978 I880 Bike & Ped Trail- Christy S Grimmer 400,000 531 Move funding to support Bike Ped Bridge over I880 project (Innovation Bridge) as it is a higher priority and more competive for grant funding.
- Unallocated Fund Balance - Alameda County
Transportation Commission 1,125,000 515, 518, 519,
520
Program unallocated funds due to increased revenue. Fund 515 $450,000, Fund 518 $500,000, Fund 519 $100,000, Fund 520 $75,000
Total Defund / Program Unallocated Funds $4,290,000
Note: Amounts are approximate, final amounts will be closed out to fund balance.

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Attachment: Exhibit A – Capital Budget Appropriation Amendments (4662 : CAPITAL BUDGET APPROPRIATION AMENDMENTS) Fremont City Council Meeting: 07/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: Purchasing
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4664) DOC ID: 4664
Updated: 7/14/2022 8:37 AM by Alberto Quintanilla Page 1 OFF-SITE PHOTOCOPYING - Authorize the City Manager, or Designee, to Execute a 5-Year Service Agreement with Bay Central Printing Inc. to Provide Off-Site Photocopying and Printing Services for a Total Not to Exceed One Million Dollars Contact Persons:

Name: Janice Becerra-Scola David Persselin
Title: Buyer Finance Director
Div/Dept: Purchasing Finance Department
Phone: 510-494-4623 510-494-4631
E-Mail: [email protected] [email protected]

Executive Summary: The City’s current agreement for off-site photocopying and printing services expired on June 30, 2022. Pursuant to a request for proposals (RFP) process conducted in May 2022, staff recommends that the City Council authorize the City Manager or designee to execute an agreement for photocopying and printing services with Bay Central Printing Inc. for a five-year term. The annual not-to-exceed amount of the proposed agreement is $200,000.

BACKGROUND: Bay Central Printing, Inc. was selected through a competitive RFP process in 2003 and again in 2017 to provide off-site photocopying and printing services. This service includes, but is not limited to, the printing of letterhead stationery, envelopes and special projects including Planning Commission Materials and City Council Agendas.

The current service agreement ended on June 30, 2022.

DISCUSSION/ANALYSIS: The City conducted an RFP process in May 2022 and received four proposals. Staff evaluated the proposals based on criteria outlined in the RFP: Scope of Services, Pricing, Qualifications, Service Standards, Service Agreement Terms, and the Submission of Samples. Consideration was also given to the vendor's Environmental Business Practices.

Based on its evaluation of the proposals, staff determined that Bay Central Printing Inc. provides services that best meet the City’s overall needs. The selected vendor was able to demonstrate its ability to serve an organization of Fremont's size, provide competitive pricing, and provide attentive customer service and quality control in the production process. Additionally, Bay Central Printing, Inc. was the only proposer that is a Certified Green Business.

Staff recommends that the City Council authorize the City Manager or designee to execute an agreement for Off-Site Photocopying and Printing Services with Bay Central Printing Inc. for a five-year term, in an amount not to exceed $200,000 per fiscal year.

The proposed contract with Bay Central Printing Inc. is not exclusive; however, City departments will be required to use this vendor for most photocopying and printing jobs unless they can demonstrate a clear business need for another vendor.

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Staff Report (ID # 4664) Meeting of July 19, 2022
Updated: 7/14/2022 8:37 AM by Alberto Quintanilla Page 2 FISCAL IMPACT: Each City department has appropriations for photocopying and printing expenditures included in the FY 2022/23 Adopted Operating Budget.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS: None.

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Fremont City Council Meeting: 07/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4676) DOC ID: 4676
Updated: 7/14/2022 6:34 PM by Susan Gauthier Page 1
OPERATING ENGINEERS, LOCAL UNION NO. 3 (OE3) MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Operating Engineers, Local Union No. 3 (OE3)
Contact Persons:

Name: Tina Gallegos Allen DeMers
Title: Human Resources Manager Human Resources Director Div/Dept: Human Resources Human Resources
Phone: 510-494-4652 510-494-4651
E-Mail: [email protected] [email protected]

Executive Summary: In June 2022, the City of Fremont reached agreement with the Operating Engineers, Local Union No. 3 (OE3) for a three-year Memorandum of Understanding. The bargaining unit is made up of 105 members. The proposed MOU contains changes from the prior agreement consisting primarily of wage increases, health- benefit increases, and minor increases to safety and work equipment allowances. The remaining substantive provisions of the current MOU are unchanged.

BACKGROUND: The City’s current MOU with OE3 expired on June 30, 2022. The City’s negotiating team and OE3 conducted seven negotiating sessions regarding a successor agreement and signed a tentative agreement on June 30, 2022. The City received notice that OE3 ratified the agreement on July 7, 2022.

DISCUSSION/ANALYSIS: Significant Memorandum of Understanding Provision Changes:

1. Employee General Wage Increase:
a) Effective July 17, 2022, OE3 members will receive a base wage increase of 5.0%.
b) Effective the start of the first full pay period in July 2023, OE3 members will receive a base wage increase of 5.0%.
c) Effective the start of the first full pay period in July 2024, OE3 members will receive a base wage increase of 4.0%.

2. Health Benefit Allowance Increase:
a) Effective January 1, 2023, the unit’s health benefit allowance will be increased by $150 per month as follows:
o Employee Only: from $1,321 per month to $1,471 per month; o Employee +1: from $2,145 per month to $2,295 per month; and o Employee +2 or more: from $2,657 per month to $2,807 per month. b) Effective January 1, 2024, the unit’s health benefit allowance will be increased by $100 per month as follows:
o Employee Only: from $1,471 per month to $1,571 per month; o Employee +1: from $2,295 per month to $2,395 per month; and o Employee +2 or more: from $2,807 per month to $2,907 per month. c) Effective January 1, 2025, the unit’s health benefit allowance will be increased by $100 per month as follows:

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Staff Report (ID # 4676) Meeting of July 19, 2022
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o Employee Only: from $1,571 per month to $1,671 per month; o Employee +1: from $2,395 per month to $2,495 per month; and o Employee +2 or more: from $2,907 per month to $3,007 per month.

3. Shoe Allowance Increase:
a) Effective the first full pay period in July 2022, the shoe allowance for employees working in the Auto Shop, Construction Inspection, Parks, Public Buildings, Recreation, Streets and Survey sections shall be increased by $75 (from $225 to $300) per fiscal year.

4. Tool Allowance Increase:
a) Effective the first full pay period in July 2022, the tool allowance for the classifications of Fleet Supervisor, Fleet Mechanic I (Heavy and Light), Fleet Mechanic II, and Mechanic Assistant shall be increased by $100 (from $550 to $650) per fiscal year.

5. Juneteenth Holiday:
a) The City of Fremont will commemorate Juneteenth (June 19) as a holiday consistent with the proclamation of this day as a holiday.

FISCAL IMPACT: In addition to approving the MOU, it is recommended that the City Council direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

1. General Wage Increase:
a) Fiscal Year 2022/23 Anticipated Fiscal Impact: $528,000 (Approximately $317,000 was included in the 2022/23 Adopted Budget)
b) Fiscal Year 2023/24 Additional Anticipated Fiscal Impact: $528,000 c) Fiscal Year 2024/25 Additional Anticipated Fiscal Impact: $423,000

2. Health Benefit Allowance Increase:
a) Fiscal Year 2022/23 Anticipated Fiscal Impact: $7,425 b) Fiscal Year 2023/24 Additional Anticipated Fiscal Impact: $12,375 c) Fiscal Year 2024/25 Additional Anticipated Fiscal Impact: $9,900

3. Shoe Allowance Increase for Specified Employees:
a) Approximate Anticipated Fiscal Impact: $7,000 in each year of the contract.

4. Tool Allowance Increase Specified Employees:
a) Approximate Anticipated Fiscal Impact: $1,000 in each year of the contract.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS:
• Draft Resolution OE3 MOU

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Operating Engineers, Local Union No. 3 (OE3); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

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Resolution 2022-XX Page 1 of 2

DRAFT
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT APPROVING THE NEGOTIATED TERMS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING INCLUDING THOSE TERMS

BETWEEN THE CITY OF FREMONT AND OPERATING ENGINEERS,
LOCAL UNION NO. 3 (“OE3”) FOR A THREE-YEAR PERIOD,
EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2025

WHEREAS, the Operating Engineers, Local Union No. 3 (“OE3”) and the City of Fremont (“City”) desire to continue their bargaining relationship as governed by the California Government Code Section 3500 et seq.; and
WHEREAS the parties have met and conferred in good faith in accordance with the requirements of California Government Code Section 3500 et seq.; and WHEREAS, such meetings have resulted in negotiated tentative terms (“negotiated terms”) to be included in a three-year Memorandum of Understanding for the period of July 1, 2022 through June 30, 2025.

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

Section 1. The City Council approves the negotiated terms, as outlined in the staff report dated July 19, 2022 and incorporated herein by this reference, for a Memorandum of Understanding covering employees who are represented by the Operating Engineers, Local Union No. 3.

Section 2. The City Council authorizes the City Manager to execute a three-year Memorandum of Understanding effective July 1, 2022 through June 30, 2025, including the negotiated terms, and to implement the Memorandum of Understanding.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Draft Resolution OE3 MOU (4676 : OPERATING ENGINEERS, LOCAL UNION NO. 3 (OE3) MOU) Resolution 2022-XX Page 2 of 2

________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ________________________________ City Clerk City Attorney

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Attachment: Draft Resolution OE3 MOU (4676 : OPERATING ENGINEERS, LOCAL UNION NO. 3 (OE3) MOU) Fremont City Council Meeting: 07/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4652) DOC ID: 4652
Updated: 7/14/2022 8:06 AM by Alberto Quintanilla Page 1 GENERAL OBLIGATION BONDS TAX RATE FOR FY 2022/23 - Adopt a Resolution Setting the Annual Tax Rate for Voter-Approved General Obligation Bonds Debt Service for Fiscal Year 2022/23 and Authorizing the County of Alameda to Collect and Enforce the Levy on Behalf of the City
Contact Persons:

Name: Mario Rosas David Persselin
Title: Budget and Treasury Analyst Finance Director
Div/Dept: Finance Department Finance Department
Phone: 510-494-4637 510-494-4631
E-Mail: [email protected] [email protected]

Executive Summary: In November 2002, Fremont voters approved Measure R, which authorized the City to issue $51,000,000 of general obligation bonds to fund fire station modernization and construction of other public safety projects. The City is obligated to annually levy ad valorem taxes upon all taxable properties within the City for the payment of the principal and interest for these bonds. This report recommends that the City Council adopt a resolution to establish the fiscal year 2022/23 tax rate at $0.0039 per $100 of assessed valuation (0.0039%) and request and authorize the County of Alameda to levy the tax at this rate on all taxable property within the City of Fremont.

BACKGROUND: At the City’s municipal general election held on November 5, 2002, voters approved Measure R authorizing the issuance of Fire Safety Project General Obligation Bonds in the not-to-exceed amount of $51,000,000 and an override property tax to pay debt service on the bonds. The California Constitution permits the voters to approve such taxes that override the general “1% of full cash value” limit on ad valorem property taxes to pay debt service on indebtedness used to acquire or improve real property. Measure R specified that the Fire Safety Project General Obligation Bonds proceeds be used to replace three older fire stations with new modern stations, to construct public safety training facilities, and to remodel and upgrade seven existing fire stations to current earthquake standards.

Three bond series totaling $51,000,000 have been issued: Series A for $10,000,000 on July 17, 2003, Series B for $25,000,000 on April 14, 2005, and Series C for $16,000,000 on February 11, 2009. The Series A, Series B, and Series C bond proceeds are now completely spent.

The Series A Bonds were subsequently refunded on May 10, 2012, resulting in a net present value savings of $923,368. The Series B Bonds were refunded on August 9, 2013, resulting in a net present value savings of $1,694,239. The Series C Bonds were refunded on August 23, 2017, resulting in a net present value savings of $3,023,539. The 2012 General Obligation Refunding Bonds and 2013 General Obligation Refunding Bonds were refunded on July 29, 2021, resulting in a net present value savings of $4,057,000. The savings will be passed along to the property owners through a decrease in the override tax levy needed to repay the bonds. Debt service payments on the bonds are due each year on February 1 and August 1.

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Staff Report (ID # 4652) Meeting of July 19, 2022
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The override tax levy applies to both secured and unsecured property and supplements the regular 1% property tax that pays for general city services. Each year, the Council sets the override tax rate to generate the taxes needed to service the bond principal and interest payments coming due in the next year, as well as the associated paying agent fees for The Bank of New York Mellon Trust Company, N.A., tax compliance reporting related to arbitrage calculation fees, and the property tax administration fee paid to the County of Alameda.

DISCUSSION/ANALYSIS: The override tax rate on secured and utility property is calculated by spreading the net tax levy over the value of the secured and utility assessment roll and rounding up to four decimals. California Revenue and Taxation Code Section 2905 specifies that the tax rate on unsecured property is the prior year’s secured tax rate (0.0041%). An adjustment to the secured tax roll to account for anticipated delinquencies of 4.5% is based on the City’s recent historical experience.

The detailed tax rate calculations are summarized below.

Description Assessed Value Tax Rate Amount
Debt service due 2/1/2023 and 8/1/2023 $2,666,350
County administration fee 6,666
Paying agent fees 1,700
Gross tax levy 2,674,716

Residual prior year tax collections (226,226)
Unsecured tax roll $ 3,952,762,273 0.0041% (162,063)
Net tax levy 2,286,426

Adjusted secured and utility tax roll $59,577,688,192 0.0039% $2,323,530

FISCAL IMPACT: This action will result in the collection of approximately $2,323,530 in secured property tax revenue which, when combined with $226,226 of residual prior year tax collections and approximately $162,063 of unsecured property tax revenue, will be sufficient to pay debt service due on the Fire Safety Project General Obligation Bonds in February and August 2023, paying agent fees, and the County’s annual administration fee.

By adopting the proposed resolution, the City Council authorizes the County of Alameda to levy and collect the override tax in addition to the regular 1% ad valorem tax and any other voter-approved override taxes. The taxes for the Fire Safety Project General Obligation Bonds will be billed on the regular property tax bills sent to property owners.

For a single-family home with a net assessed value of $500,000 the tax levy for the Fire Safety Project General Obligation Bonds will be $19.50 for Fiscal Year 2022/23.

ENVIRONMENTAL REVIEW: None required.

ATTACHMENTS:
• Draft Resolution FY 2022-23 GO Bond Tax Rate

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Staff Report (ID # 4652) Meeting of July 19, 2022
Updated: 7/14/2022 8:06 AM by Alberto Quintanilla Page 3 RECOMMENDATIONS:

1. Establish the Fire Safety Project General Obligation Bonds tax rate of $0.0039 per $100 of assessed valuation (0.0039%) for Fiscal Year 2022/23.

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Resolution No. 2022-XX Page 1 of 2
DRAFT

RESOLUTION NO. 2022-XX

A RESOLUTIO N OF TH E CIT Y COUNCI L OF TH E CIT Y OF

FREMONT REQUESTING AND AUTHORIZING THE COUNTY OF

ALAMED A TO LEV Y A TA X ON AL L REA L AN D PERSONA L

PROPERT Y IN THE CITY OF FREMON T AS A VOTER APPROVE D

LEV Y WIT H RESPEC T TO TH E CITY'S FIR E SAFET Y BON D MEASURE APPROVED BY THE VOTERS AT THE NOVEMBER 5, 2002

GENERAL MUNICIPAL ELECTION

WHEREAS, pursuant to California Government Code Section 43600 et seq., the City of Fremont (“City”) is empowered to issue general obligation bonds which are authorized by two-thirds of the electors voting on the proposition; and

WHEREAS, more than two-thirds of the electors voting at a general municipal election held in the City on November 5, 2002, voted for a proposition authorizing the issuance by the City of general obligation bonds in the aggregate principal amount of $51,000,000; and

WHEREAS, the City has issued the first series of general obligation bonds pursuant to such authorit y (“Serie s A Bonds”), in an aggregat e principa l amoun t of $10,000,000, designated as “the City of Fremont (Alameda County, California) General Obligation Bonds, Election of 2002, Series A (Fire Safety Project)”; and

WHEREAS, the City has issued the second series of general obligation bonds pursuant to such authority (“Series B Bonds”), in an aggregate principal amount of $25,000,000, ” designated as “the City of Fremont (Alameda County, California) General Obligation Bonds, Election of 2002, Series B (Fire Safety Project)”; and

WHEREAS, the City has issued the third series of general obligation bonds pursuant to such authority (“Series C Bonds”), in an aggregate principal amount of $16,000,000, designated as the “City of Fremont (Alameda County, California) General Obligation Bonds, Election of 2002, Series C (Fire Safety Project)”; and

WHEREAS, the City has refunded the Series A Bonds (“2012 Refunding Bonds”) in an aggregate principal amount of $8,165,000, on May 10, 2012; and

WHEREAS, the City has refunded the Series B Bonds (“2013 Refunding Bonds”) in an aggregate principal amount of $22,005,000 on August 9, 2013; and

WHEREAS, the City has refunded the Series C Bonds (“2017 Refunding Bonds”) in an aggregate principal amount of $12,215,000 on August 23, 2017; and

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Attachment: Draft Resolution FY 2022-23 GO Bond Tax Rate (4652 : General Obligation Bonds Tax Rate for FY 2022/23)

Resolution No. 2022-XX Page 2 of 2
WHEREAS, the City has refunded the 2012 Refunding Bonds and the 2013 Refunding Bonds (“2021 Refunding Bonds”) in an aggregate principal amount of $16,205,000 on July 29, 2021.

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

Section 1. The County is requested and authorized to assume on behalf of the City the collection, payment and enforcement of a $0.0039 levy on each $100 of assessed valuation (0.0039%) in the City, which amount shall be in addition to present ad valorem property tax collections for the City.

Section 2. This Resolution shall take effect immediately upon its adoption 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:
________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney

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Attachment: Draft Resolution FY 2022-23 GO Bond Tax Rate (4652 : General Obligation Bonds Tax Rate for FY 2022/23) Fremont City Council Meeting: 07/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: Information Technology Services Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4623) DOC ID: 4623
Updated: 7/14/2022 6:14 PM by Susan Gauthier Page 1
CITYWIDE FIBER OPTICS MASTER PLAN - Adopt a resolution adopting the Citywide Fiber Optic Master Plan and make a finding that the Citywide Fiber Optic Master Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per Guidelines Sections 15262 and 15378(b), and no further environmental review is required at this time.

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: In September 2020 the Information Technology Services Department (ITS) issued a Request for Proposals (RFP) to develop a City-wide fiber optic master plan. ITS selected and partnered with a broadband engineering and consulting firm, Magellan Advisors, to assist with the development of the Fiber Optic Master Plan. Magellan conducted interviews with City departments, performed a market assessment, and issued a community survey to identify how the City’s current assets and infrastructure can be used to create a city-wide fiber optic ring to address the needs and goals of the City and its community now and into the future. The Fiber Optic Master Plan encompasses strategies for the use and deployment of broadband infrastructure for government facilities and commercial and industrial corridors, as well as analyzes options for expanding broadband assets to the City’s residents. This report recommends adopting a resolution to adopt the CitywideFiber Optic Master Plan.

BACKGROUND: On January 20, 2021, the City of Fremont selected Magellan Advisors as its partner in the development of a City-Wide Fiber Optic Master Plan through a competitive bidding process. Magellan Advisors assisted the City in developing a strategic plan to facilitate increased broadband infrastructure in the community, which will enable economic development and ‘smart city’ initiatives in the years to come.

Magellan Advisors assisted in inventorying existing infrastructure, identifying unserved and underserved areas, and developing phased deployment strategies that correspond with planned projects, allowing Fremont to maximize efficiency and cost effectiveness in preparing for future technologies. A needs assessment was translated into a high-level network design (HLD) for a robust municipal fiber network to connect all City facilities and to serve as a platform for the deployment of smart city technologies, such as a city-wide Wi-Fi network, high-resolution security cameras, intelligent traffic management system, and pre-emptive traffic signaling for public safety vehicles. Additionally, the fiber network will provide important infrastructure for innovative economic development and to promote digital equity in underserved areas in the community.

The Fiber Optic Master Plan includes financial and business modeling enabling Fremont to pursue shovel-ready projects for deployment of fiber-optic infrastructure. The long-term goal of the plan is to position the City as a broadband-rich environment for attracting,

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retaining, and serving businesses and residents as well as supporting future broadband applications jointly with private sector investment.

DISCUSSION/ANALYSIS: As technology advances, municipalities are embracing new innovations to improve existing services as well as to provide new services to its community. A vast network of internet-connected devices can transform an ordinary city into a “smart” city. These include sensors and automated devices known as the Internet of Things (IoT), online permitting, bill paying, and even remote field work. In addition to municipal uses, local governments acknowledge the need to ensure high-speed internet connections are available within their cities, allowing for economic development by retaining businesses and attracting new entities in order to have thriving economies with low unemployment and a strong tax base.

The new systems require high bandwidth internet connections with low latency, otherwise known as broadband, defined by the Federal Communications Commission (FCC) as high- speed connections that exceed speeds of 25 Mbps download and 3 Mbps upload. However, the federal definition is not adequate to support modern networks and smart city applications. Fiber optics is a scalable medium that can address the higher bandwidth requirements for future City initiatives.

As a result, in January 2021, the City of Fremont selected Magellan Advisors to prepare a detailed, actionable Fiber Optic Master Plan. The plan serves as a guide for Fremont to implement a City-owned fiber-optic network that serves as a critical investment in the community’s future.

The City’s Fiber Optic Master Plan is a comprehensive document intended to serve as the blueprint for the City’s fiber and broadband expansion goals for the next twenty years.

City Department Interviews:

Magellan’s team began by collecting data and interviewing City departments to gain an understanding of the City of Fremont’s broadband usage and existing infrastructure. These interviews provided insight about the current City broadband infrastructure that could be used, the need for additional bandwidth, and the goals for future applications.

Magellan Advisors interviewed 31 representatives from City departments and representatives of three external organizations: Alameda County Transit, Alameda County Water District, and Fremont Unified School District. The discussions revealed a wide range of needs and opportunities, many related to Fremont’s substantial base of advanced manufacturing companies and its relatively sophisticated approach to traffic management.

The City’s plans to develop its Downtown, develop mixed use nodes in its neighborhoods with affordable housing and small business, and concentrate economic development in the Warm Springs Innovation District also create distinct needs and opportunities. Fremont’s diverse, technologically advanced industry is both an end and means for much of this development, including broadband.

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opportunities for economic development and transportation. Stakeholder input indicates it will be important to capitalize on the City’s broadband opportunities to include seniors, persons experiencing homelessness, and low-income families.

City Fiber Assets:

Existing assets assessed include conduit, fiber optic cables and equipment, rack space, towers, and antennas, among other things. Capital improvement projects (CIPs) that involve work in the public right-of-way, such as road work, intersection upgrades, and water and sewer projects, were also identified and incorporated into the Plan to reduce construction costs. Magellan’s team also reviewed existing privately-owned assets to identify opportunities for reducing costs and forging partnerships.

The City has approximately 41.89 miles of existing fiber. This fiber is owned by Fremont’s Public Works and ITS Departments. The fiber cables vary in size and strand availability, with 96 fiber strand count being the most common. The existing fiber is sufficient to use dense wave division multiplexing (DWDM) with up to 400 Gb technologies to get the utilization that is needed to support City operations and business service offerings.

In addition to City-owned fiber, the Silicon Valley Intelligent Transportation System (SV- ITS) is a fiber optic network running through Fremont. Completed in the early 2000’s, it was a system built to connect an intelligent transportation from southern San Jose to Fremont through all the cities along the path. The cities it passes through, including Fremont, have access to six fibers strands, and can request more if needed. The fiber strands are managed through the City of San Jose IT Department. According to San Jose, these fibers are free for the City of Fremont to use. San Jose is responsible for the management, assignment, and documentation of the network.

Lastly, Caltrans owns a fiber route along I-880 which contains a 288-count fiber running through Fremont. The City has use of four of these fiber strands.

Summary of City’s fiber assets:

• Approximately 200,000 linear feet of City-owned fiber • 113,000’ of 96 count
• 16,000’ of 12-48
• 60,600’ of 4 Strands on Interstate 880 currently unused • Approximately 178,000 feet of existing conduit
• 162,000’ of 2” conduit (68,000’ is interconnect)
• 22,200’ of 1.5” (all signal interconnect) existing traffic signal conduit needs to be proofed, validated, and retrofitted to accommodate fiber optics

Broadband Survey:

To gain further insight into the need for additional broadband options in the City of Fremont, a survey was conducted to collect information from residents and businesses about their current service and needs. The survey was open for approximately eight weeks and received 498 total responses.

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The responses were broken down as follows:

Households: 460
Small or medium organizations: 22
Large enterprise organizations: 16

More than two thirds of organizational responses came from the Technology-Manufacturing sector, followed by Health Care and Technology. These sectors tend to be heavy users of broadband, so their responses provide key insight into the current state of internet and future need. Due to the low number of organizational responses, it is difficult to say that the results are statistically valid, although they do provide anecdotal information about the needs of these commercial users.

Most respondents reported that they had high-speed broadband connections, with only about 6% reporting slow-speed connections through cellular, dial-up, or satellite and just one respondent reporting no internet service at their location. About 2% were unsure.

Xfinity/Comcast was the predominant internet service provider, serving about two thirds of respondents, followed by AT&T, serving about one quarter. A handful of respondents reported having service through Sail Internet (9) and Wave (6), while other companies like Tekify and Cruzio served one respondent each. These numbers suggest that the incumbent telecommunications providers – Comcast and AT&T continue to dominate the market, although there are some smaller companies offering service to some areas of Fremont.

Finally, respondents were asked to share what better broadband would mean to them, their family, their organization, and the area. Many responses included concerns about a lack of competition or affordability. While some respondents took the opportunity to confirm their satisfaction with current services, others expressed a desire for new options to drive down prices and increased reliability and speeds.

High Level Fiber Infrastructure Design:

Given the information gathered on the City’s fiber assets along with the community survey, Magellan developed a high-level design (HLD), or ‘blueprint’, for the City’s broadband fiber needs. The HLD not only includes current City assets such as existing fiber optic cables, conduits, and space inside of City facilities, it capitalizes on capital improvement projects to reduce the overall cost of the network build out. The plan calls for including new fiber in capital projects that involve excavation of the public right of way. The HLD specifies an additional 70,000 feet of new fiber and 80,000 feet of signal conduit that will need to be retrofitted for this project. This will create fiber rings throughout Fremont and greatly increase availability, capacity, and resilience of this critical infrastructure.

As part of the Fiber Optic Master Plan, the goal is to recruit internet service providers (ISPs) and other technology companies to use the network. This will generate revenue to the City even as it supports economic recovery and growth, and provides a platform and partnerships for government innovations, digital inclusion, and quality of life improvements.

The new fiber network also enables the City to reduce connectivity costs by replacing leased circuits with city-owned infrastructure. Investments by ISPs will further enhance the network to create diverse, robust wired and wireless infrastructure for the City to be the

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home of new, advanced applications, such as autonomous vehicles, while benefiting disadvantaged and underserved residents and businesses.

Phased Fiber Plan Implementation:

The expansion of the assets is planned to be done in three phases and based on funding availability:

Phase 1 creates a City-owned fiber ring that will supply services to the City facilities, fire stations, and two diverse internet connections. Phase 1 also creates a redundant ring around the City using existing infrastructure, upgrading signal interconnect conduit, and filling in the gaps with new construction to connect all City facilities, fire stations, and most traffic cameras.

In addition to this new ring, leveraging an existing agreement with Silicon Valley Intelligent Traffic System (SV-ITS), allows Fremont to create a designated internet access (DIA) connection to data centers in San Jose to the emergency operations center at the Public Works maintenance yard. Another DIA is recommended to connect to BART fiber at the Fremont BART station and lease fiber from BART to connect to DAC in Oakland. BART fiber is very cheap if used for City use only. This connection requires a short new underground build bridging the gap between existing City fiber and BART fiber.

The last goal of Phase 1 is to create diversity between City Hall and the Emergency Operations Center (EOC). During an emergency, it is critical that City Hall and the EOC can communicate; therefore, it is recommended that two diverse routes be created from City Hall and EOC. One DIA located at City Hall and another at the EOC creates an extremely diverse routing that is nearly outage-proof. These routes require a diverse entry to be constructed into the EOC and splicing existing City fiber to create these paths.

Phase 2 will focus on interconnecting traffic signals and support the City’s Traffic Signal Modernization project. Fremont has heavily invested in connecting all traffic signals to the traffic control center, with the goal of reducing congestion and enhancing traffic safety. The Traffic Signal Modernization project incorporates the use of existing infrastructure, upgrading signal interconnect conduits, and new underground. The signals on the map as identified in the Plan that do not show a construction method are on paths in Phase 1. The routes constructed with Phase 2 will also be used for the furthering of the economic development goals of the City by allowing for connections to businesses along these routes.

Phase 3 will incorporate new underground construction to place new fiber-optic cables to fill gaps in the network and create redundancy throughout as well as to support business services and a possible deployment of a citywide Wi-Fi network. Networks that support business services need to have a redundant path to limit the amount and lengths of outages. Businesses rely on broadband and internet for many purposes, including data transfers, online accounting, business monitoring, among other processes. When the internet services are not working, it is detrimental to their operations; therefore, all business service agreements include compensation from the provider if that service is interrupted for an extended period of time. It is referred to as (4) 9’s or 99.99%, in a given month that is only 4-5 minutes of outage, outside of maintenance windows, before costs are incurred. For this reason, it is important for the network to have redundancy built into it with automatic transfer equipment to re-route data traffic around the outages. Finally, this

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design provides a robust fault tolerant network to help withstand accidental breaks or cuts to infrastructure, earthquakes, or other acts of Nature.

Cost Estimation:

Magellan’s costing estimations for this project are based on the same experience and knowledge of local construction companies, standard pricing, and including prevailing wage on all labor as is required by California State Law. It is important to note that the project timeline is over a period of at least 20 years. The plan is to work on each of the 3 phases as funding becomes available.

Cost Summary by Phase

Construction Cost Equipment Cost Buildings Totals Phase 1 $ 7,388,362.42 $ 2,549,047.58 $900,000.00 $10,837,410.00 Phase 2 $ 11,928,386.95 $ 849,682.53 $ - $12,778,069.48 Phase 3 $ 2,480,150.03 $ - $ - $2,480,150.03 Totals $ 21,796,899.40 $ 3,398,730.10 $900,000.00 $26,095,629.50

GRAND TOTAL $ 26,095,629.50

Public-Private Partnerships:

On February 8, 2022, Information Technology Services released RFP#22-013 titled Broadband Public – Private Partnership Opportunity.

In the RFP, Fremont seeks private sector partnership(s) to provide the necessary expertise and resources needed to develop a fiber optic network to support current and future needs of government, businesses, anchor institutions, and residents. The goal of this RFP is to select a partner or partners who will leverage the City’s existing and planned broadband infrastructure to support smart city initiatives, economic development, telework, telehealth, and remote learning. The selected vendor(s) will be tasked with managing the proposed fiber and wireless networks. The fiber network will offer robust and competitively priced internet services to businesses and residents. Additionally, the fiber network will support Fremont’s Traffic Signal Modernization program, which provides smart traffic controls at intersections to enhance the safety and efficiency of multimodal travel, as well as to support public safety, intelligent/autonomous transportation, code enforcement, video, and other smart city applications.

On March 1, 2022, the City received 6 proposals from the following vendors:

• Tekify Fiber
• Smartwave LLC
• Smart Fiber Networks

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• Etheric Networks
• Comcast
• Astound Business Solutions

Currently Information Technology Staff along with Magellan Advisors, are reviewing and evaluating the vendor proposals to determine the ideal vendor(s) that best meets the requirements of the City.

FISCAL IMPACT: While there is no fiscal impact as a result of this presentation and adoption of the resolution adopting the Citywide Fiber Optic Master Plan, staff will return to City Council for review and approval for any project that will further the phases outlined in the Citywide Fiber Optic Master Plan, including but not limited to state or federal grants for both Phases 1 and 2 and Public–Private Partnership opportunities. Current State and Federal priorities focused on broadband are generating important funding opportunities that align with this Master Plan and staff has already begun to identify specific opportunities to pursue.

ENVIRONMENTAL REVIEW: The Citywide Fiber Optic Master Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15262 as the Citywide Fiber Optic Master Plan is only a planning study for possible future action that have not been approved or funded; and (2) CEQA Guidelines Section 15378(b) as the Citywide Fiber Optic Master Plan is an administrative activity that will not result in an effect on the physical environment and parts of the plan are too speculative at this time for reasoned analysis and details will be more fully developed later with the appropriate environmental review.

ATTACHMENTS:
• Presentation - City of Fremont Fiber Optic Master Plan • Draft Resolution Fiber Optic Master Plan
• City of Fremont - Fiber Master Plan

RECOMMENDATION: Adopt a resolution adopting the Citywide Fiber Optic Master Plan included with this report and finding that the action is exempt from CEQA.

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City of Fremont, CA
Fiber Optic Master Plan
Findings and Recommendations
Presented By:

Preston Young, Project Manager
Jory Wolf, Project Executive
July 19, 2022

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PROJECT GOALS AND OBJECTIVES
$1B
• Analysis of existing broadband infrastructure
• Determine needs and goals of city and constituents
• High-Level Design with cost estimations
• Policy evaluation
• Business Model and Financial Analysis
• Evaluation of public private partnership opportunities 7/13/2022 City of Fremont - Fiber Optic Master Plan

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SERVICE & INFRASTRUCTURE ANALYSIS
Private Owned Existing Fiber Optic Cables
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> 3 Providers
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NEEDS & GOAL ASSESSEMENT
• Support Economic Development
• Advanced Manufacturing is a substantial base for Fremont’s economic viability • Areas of Fremont are lacking quality high -speed internet, these areas need support to retain and attract new businesses
• Support Traffic Modernization Projects
• Traffic modernization is a focus for Fremont and is a source of grants and other funding opportunities
• City owned fiber optic network would support these efforts • Private Public Partnership
• Find a partner to aid in the design, construction, running, and maintenance of the network
• Partnership to provide broadband services to support the economic development efforts
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7 Other Services
12%
Public
Administration/Government
6%
Technology -
Manufacturing
35%
Health Care
17%
Education
6%
Technology - General
12%
Warehouse, Distribution, &
Wholesaling
6%
Restaurant or Food Service
6%
Other Services Public Administration/Government Technology - Manufacturing Health Care Education Technology - General
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0 50
100
150
200
250
300
AT&T XFinity/Comcast Sail Internet Other - Write In Sonic Tekify Fiber Cruzio Respondent Service Provider
Responses = 368
Survey – continued
Respondent’s chief
complaints and concerns:
• Cost of services
• Lack of competition
• Reliability
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High Level Design – Phased
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PROJECT IDENTIFICATION
Focuses of phase 1
• Connect city facilities
• Diverse routes between City Hall and
EOC
• Connect Traffic and Public Safety
Camera locations
• Connect to Internet Point of Presence
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PROJECT IDENTIFICATION
Focuses of phase 2
• Support traffic modernization
project
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PROJECT IDENTIFICATION
Focuses of phase 3
• Fill in the gaps connecting the
segmented parts of the
network
• Creating a fully diverse
network
• Support economic
development
• Could be used to support a
city wi-fi network
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Cost Estimation
• Costing for each phase based on experience and local vendor pricing and include prevailing wage • Phase 1 has the bulk of the equipment costs necessary for creating new internet connection and implementing high-speed services of up to 100G per fiber. Building costs include adding racks, power, and battery backup systems for the new equipment. • Phase 2 has the most footage and minimal equipment costs • Phase 3 construction only and will require no extra costs 7/13/2022 City of Fremont - Fiber Optic Master Plan

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RECOMMENDATIONS

1. Establish an Enterprise Fund for managing capital investments, revenues, and contractual services .

2. Continue dig once practices with capital projects, development agreements and utility encroachment in the PROW for opportunistic joint construction.

3. Review funding opportunities for broadband and traffic signal improvements.

4. Complete solicitation and selection of public-private partner for network marketing, operations and maintenance.

5. Complete solicitation and selection of public-private partner for implementing and managing wireless services.

6. Identify funding for a Network Engineer to manage network implementation, management, ISP and partnership services.

7. Complete the recommended core build to connect all City facilities and fire stations and reduce the monthly operating expenses for broadband circuits.

8. Build two diverse routes for City- owned internet connections

9. Increase digital literacy and education.
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Council Direction and Feedback
• Receive and File Acceptance of the staff report and presentation. • Resolution to adopt the Citywide Fiber Master Plan.
• While there is no fiscal impact as a result of this staff report and presentation, Fremont will continue to seek federal funding for both Phases 1 and 2.
• In addition to evaluating Public – Private Partnership opportunities, as opportunities for City investments present themselves, ITS will return to City Council for review and approval.
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DRAFT

RESOLUTION NO. 2022-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT ADOPTING THE CITYWIDE FIBER OPTIC MASTER
PLAN
WHEREAS, in January 2021, the City of Fremont started creating a plan to ensure robust broadband is available to enable economic development and Smart City initiatives in the years to come; and
WHEREAS, with the assistance of a third-party consultant, City staff inventoried existing infrastructure, identified unserved and underserved areas, and developed phased deployment strategies that correspond with planned projects, allowing the City to maximize efficiency and cost effectiveness in preparing for future technologies; and WHEREAS, input from 31 representatives from City departments and representatives of three external organizations (Alameda County Transit, Alameda County Water District, and Fremont Unified School District) was obtained, revealing a wide range of needs and opportunities, many related to Fremont’s substantial base of advanced manufacturing companies and its relatively sophisticated approach to traffic management; and WHEREAS, a survey was also conducted to collect information from residents and businesses about their current service and needs and more than two-thirds of organizational responses came from the Technology-Manufacturing sector, followed by Health Care and Technology; and

WHEREAS, a needs assessment was translated into a high-level network design for a robust municipal fiber network to connect all City facilities and to serve as a platform for the deployment of smart city technologies, such as a city-wide Wi-Fi network, high-resolution security cameras, intelligent traffic management system, and pre-emptive traffic signaling for public safety vehicles; and
WHEREAS, the fiber optic network envisioned in Citywide Fiber Optic Master Plan will serve as the critical infrastructure for innovative economic development and to promote digital equity in underserved areas in the community; and
WHEREAS, the Citywide Fiber Optic Master Plan proposes three phases: Phase 1 will create a City-owned fiber ring that will supply services to the City facilities, fire stations, and two diverse internet connections; Phase 2 will focus on interconnecting traffic signals and support the City’s Traffic Signal Modernization project, allowing for connections to businesses along these routes; and Phase 3 will incorporate new underground construction to place new fiber-optic cables to fill gaps in the network and create redundancy throughout as well as to support business services and a possible deployment of a citywide Wi-Fi network; and

WHEREAS, the Citywide Fiber Optic Master Plan includes financial and business modeling enabling Fremont to pursue shovel-ready projects for deployment of fiber-optic infrastructure and the long-term goal of the plan is to position the City as a broadband-rich environment for attracting, retaining, and serving businesses and residents as well as supporting

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future broadband applications jointly with private sector investment; and WHEREAS, the Citywide Fiber Optic Master Plan is a comprehensive document intended to serve as the blueprint for the City’s fiber and broadband expansion goals for the next twenty years.

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

SECTION 1. The City Council adopts the Citywide Fiber Optic Master Plan, a copy of which is on file in the Office of the City Clerk.

SECTION 2. The City Council finds that the Citywide Fiber Optic Master Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15262 as the Citywide Fiber Optic Master Plan is only a planning study for possible future actions that have not been approved or funded; and (2) CEQA Guidelines Section 15378(b) as the Citywide Fiber Optic Master Plan is an administrative activity that will not result in an effect on the physical environment and parts of the plan are too speculative at this time for reasoned analysis and details will be more fully developed later with the appropriate environmental review.

SECTION 3. This resolution shall take effect immediately upon its adoption.

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 Fiber Optic Master Plan (4623 : CITYWIDE FIBER OPTICS MASTER PLAN)

CITY OF FREMONT, CALIFORNIA
Citywide Fiber Optic Master Plan

CITY OF FREMONT, CA CITYWIDE FIBER OPTIC MASTER PLAN
Final: May 2022

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TABLE OF CONTENTS

1. Executive Summary ........................................................................................................... 6

1.1 Overview of project ................................................................................................................... 6

1.2 Fi ndings ................................................................................................................................... 7

1.3 Recommendations ................................................................................................................... 12

2. Inventory of Existing Systems & Service Availability ........................................................... 17

2.1 Current Broadband Market ...................................................................................................... 17

2.2 Privately Owned Fiber Assets ................................................................................................... 19

2.3 City- Owned Broadband Infrastructure ....................................................................................... 20

2.4 Conclusions About Fremont’s Existing Broadband Service and Assets ........................................... 24

3. Needs Assessment & Goal Setting ..................................................................................... 25

3.1 General needs and opportunities .............................................................................................. 25

3.2 Community and Economic Development .................................................................................... 26

3.3 Health, Education, and Wellness ............................................................................................... 28

3.4 Public Safety ........................................................................................................................... 29

3.5 Transp ortation and Utilities ..................................................................................................... 29

3.6 Goal Setting ............................................................................................................................ 31

4. Broadband Survey ............................................................................................................ 33

4.1 Respondent Characteristics ...................................................................................................... 33

4.2 Respondent Connection Types .................................................................................................. 34

4.3 Internet Performance and Satisfaction ...................................................................................... 35

4.4 Willingness to Pay ................................................................................................................... 41

4.5 Respondent Comments ............................................................................................................ 43

4.6 Conclusions ............................................................................................................................ 43

5. Conceptual Network Routes & Infrastructure Requirements ................................................ 44

5.1 Phase 1 – core ring .................................................................................................................. 44

5.2 Phase 2 – Traffic Signal modernization project ........................................................................... 46

5.3 Phase 3 – redundancy .............................................................................................................. 48

5.4 HLD conclusion ....................................................................................................................... 49

6. Technical Specifications & Cost Estimation ......................................................................... 52

6.1 Technical Specifications ........................................................................................................... 52

6.2 Construction Standards and Assumptions .................................................................................. 54

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6.3 Costing estimation .................................................................................................................. 56

7. Governance, Ownership, and Management Strategy & Policy .............................................. 57

7.1 Business Model and Governance .............................................................................................. 57

7.2 California Broadband Policy ..................................................................................................... 60

7.3 State and Federal Regulatory Policy .......................................................................................... 62

7.4 Review of City Wireless Policies ............................................................................................... 64

8. Business Model & Financial Analysis ................................................................................. 66

8.1 Business Model ....................................................................................................................... 66

8.2 Financ ial Analysis .................................................................................................................... 66

8.3 Capital costs ........................................................................................................................... 67

8.4 Operating Costs ...................................................................................................................... 69

8.5 Customer Segmentation and Growth ......................................................................................... 70

8.6 Proposed Rate Schedule .......................................................................................................... 71

8.7 Financial performance ............................................................................................................. 72

9. Phased Implementation Plan ............................................................................................ 74

9.1 Planning Phase: Months 0 -6 ..................................................................................................... 74

9.2 Phase 1: Months 1 -12 .............................................................................................................. 75

9.3 Phase 2 Months 13 – 24 ........................................................................................................... 76

9.4 Phase 3 months 13 – 24 ........................................................................................................... 77 Appendix A: Full List of Interview Groups for Needs Assessment ................................................ 78 Interviewees ................................................................................................................................ 78 Appendix B: Broadband Friendly Policy Resources ..................................................................... 80 A.1 Holistic Policy Approaches ....................................................................................................... 81 A.2 Focused Broadband Policies ..................................................................................................... 82 A.3 Wireless Communication (Tower Siting and Antenna Collocation) ............................................... 82 Wired (Conduit & Fiber) Rights -of-Way Excavations ......................................................................... 84 Joint Trench and Joint Build Agreements ........................................................................................ 87 Conduit and Fiber Standards for New Home Construction ................................................................ 89 Engineering/Construction Specifications ......................................................................................... 90

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TABLE OF FIGURES
Figure 1 -1. Master Fiber Optic Planning Methodology ................................................................................... 6 Figure 1 -2. Network Map .................................................................................................................................. 9 Figure 1 -3. Annual Revenues ......................................................................................................................... 11 Figure 1 -4. Cumulative Cash Flow Over 20 Years .......................................................................................... 12 Figure 2 -1. Metro Fiber Networks in Fremont ............................................................................................... 19 Figure 2 -2. Long Haul Fiber Networks in Fremont ........................................................................................ 20 Figure 2 -3. City of Fremont Existing Fiber ..................................................................................................... 21 Figure 2 -4. SV -ITS ........................................................................................................................................... 22 Figure 2 -5. Caltrans 288 Fiber in Fremont ..................................................................................................... 23 Figure 2 -6. City of Fremont Existing Conduit ................................................................................................ 24 Figure 4 -1. Organizational Respondents by Sector ....................................................................................... 33 Figure 4 -2. Respondents’ Connection Types ................................................................................................. 34 Figure 4 -3. Survey Respondents’ Internet Service Providers ........................................................................ 35 Figure 4 -4. Overall Satisfaction Levels by Location ....................................................................................... 40 Figure 4 -5. Frequency of Outages and Slow Downs ...................................................................................... 41 Figure 4 -6. Organizations’ Probability of Moving for Better Broadband ...................................................... 42 Figure 5 -1. HLD Phase 1 ................................................................................................................................. 44 Figure 5 -2. Designated Internet Access (DIA) Routing .................................................................................. 45 Figure 5 -3. Diverse City Hall Emergency Operations Center Paths .............................................................. 46 Figure 5 -4. Phase 2: Traffic Signal Modernization and Economic Development .......................................... 47 Figure 5 -5. Redundancy, Economic Development, Wireless Support ........................................................... 49 Figure 5 -6. Complete Network Map ............................................................................................................... 50 Figure 6 -1. Cost Summary by Phase .............................................................................................................. 56 Figure 7 -1. Continuum of Municipal Broadband Business Models .............................................................. 58 Figure 7 -2. California Middle Mile Network ................................................................................................... 61 Figure 8 -1. Cumulative Business Customers by Year .................................................................................... 70 Figure 8 -2. Annual Revenues ......................................................................................................................... 72 Figure 8 -3. Cumulative Cash Flow Over 20 Years .......................................................................................... 73

TABLE OF TABLES
Table 1 -1. Cost Summary ................................................................................................................................. 9 Table 1 -2. 20 Year Operating Overview ......................................................................................................... 11 Table 4 -1. Survey Responses by Type ............................................................................................................ 33 Table 4 -2. Contracted Speeds Compared to Average Speeds Across all Respondents ................................ 36 Table 4 -3. Contracted Speeds, Actual Speeds, and MRC for Residential Respondents ............................... 36 Table 4 -4. Average Speeds and Cost per Mbps per Month for Residential Respondents ........................... 37 Table 4 -5. Contrac ted Speeds, Actual Speeds, and MRC for Organizational Respondents ......................... 38 Table 4 -6. Respondents Satisfaction with Current Broadband Servi ces ...................................................... 39 Table 4 -7. Respondents’ Willingness to Pay .................................................................................................. 42 Table 5.1 Footages by Phase .......................................................................................................................... 51 Table 8 -1. Estimated Backbone Constructions Costs .................................................................................... 68 Table 8 -2. Additional Capital Expenses ......................................................................................................... 69

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Table 8 -3. Service Tiers and Take Rates ........................................................................................................ 71 Table 8 -4. 20 Year Operating Overview ......................................................................................................... 72

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1. Executive Summary

1.1 OVERVIEW OF PROJECT
As technology advances, municipalities are embracing new innovations to aid in every aspect of governance. A vast network of internet -connected devices enables the Smart City, including sensors and automated devices known as the Internet of Things, online permitting, bill paying, and even remote field work . In addition to municipal uses, local governments acknowledge the need to ensure high -speed internet connections are available within their cities, allowing for economic development by retaining businesses and attracting new entities in order to have thriving economies with low unemployment and better taxing structures.

The new syste ms require high bandwidth internet connections with low latency 1, otherwise known as broadband, defined by the Federal Communications Commission (FCC) as high -speed connections that exceed speeds of 25 Mbps download and 3 Mbps upload , the federal definiti on is not adequate to support modern networks and smart city applications . These ultrafast connections are enabled by f iber optics , the technology that uses waves of light to transmit data at nearly the speed of light.

These demands are impacting the rol e of broadband infrastructure for cities, bringing it to the forefront as a new utility. As such, in March 2021, the City of Fremont selected Magellan Advisors to prepare this detailed, actionable Fiber Master Plan. The P lan is a guide for Fremont to implement a City -owned fiber -optic network that serves as a critical investment in the community’s future . Development of the Plan included a proven process used by similarly situated municipalities , as shown in the figure below .

Figure 1-1. Master Fiber Optic Planning Methodology

Magellan’s team began by collecting data and interviewing C ity departments to gain an understanding of the City of Fremont’s broadband usage and existing infrastructure .

1 Latency refers to the delay in transmitting data
Final Fiber
Master Plan
Business
Model &
Financial
Analysis
Governance,
Ownership, &
Management
Strategy
Technical
Specificaitons
& Cost
Estimation
Conceptual
Network
Routes &
Infrastructure
Requirements
Needs
Assessment &
Goal Setting
Inventory of
Existing
Systems &
Service
Availaibility

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These interviews pr ovided insight about the current City broadband infrastructure that could be used, the need for additional bandwidth , and the goals for future applications .

Existing assets assessed include conduit, fiber optic cables and equipment, rack space, towers, and antennas, among other things. Capital improvement projects (CIPs) that involve work in the public right -of-way like road work, intersection upgrades, and water and sewer projects were also identified and incorporated into the Plan to reduce constructi on costs. Magellan’s team also reviewed existing privately -owned assets to identify opportunities for reducing costs and forging partnerships.

Magellan interviewed AC Transit, schools, not -for-profit organizations, healthcare institutions, chambers of com merce, and ISPs to collect additional information about the needs of the community and how th ey could be addressed with better broadband infrastructure . These interviews provided understanding about current and future goals of businesses, community organi zations, and residents within Fremont. Several City facilities, particularly community centers , fire stations, and the co- located Public Works Corporation Yard and Emergency Operations Centers, are prime candidates for better connectivity, as are the numer ous parks. Other public entities in Fremont have similar requirements, particularly for transit, Fremont Unified School District (FUSD ), and utilities. All these needs complement opportunities for economic development and transportation.

In addition, an online broadband survey was used to collect data from residents and businesses about their broadband’s performance, providers, customer service, and overall satisfaction with services being provided. The survey included a built -in speed test to capture real -time data about the performance of current broadband services in Fremont. With a total of 498 responses, the survey revealed that both residents and businesses had sufficient broadband for their current needs . Only about 6% of the residential respondents had slower connections than the FCC’s standard 25 Mbps down and 3 Mbps upload, and no specific areas of Fremont were determined to be under - served or unserved. In fact, speeds are relatively high, averaging over 100 Mbps download and 25 Mbps upload, which met the expectations of those surveyed.

1.2 FINDINGS
The outreach, along with Magellan’s analysis of existing systems and service availability , determined that much of the City is currently well -served by internet service providers , there are s ome issues that should be addressed. For example, a dditional redundancy and resilience is needed to support City operations, as well as to reduce telecommunications costs as the number of supported devices and associated

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bandwidth needs continue to rise. Other public entities in Fremont have similar requirements, particularly for transit and utilities.

Fremont has unique opportunities to ensure businesses have the services they need due to its diverse, large -scale manufacturing base consisting of approximately 900 high -tech companies, many of which are relatively small. Lack of options, price, and bad customer service were commonly cited as issues among businesses in Fremont . Businesses responding to the survey rated broadband as a critical component of the ir operations.

Stakeholder input also indicates it will be important to capitalize on the City’s broadband opportunities to include seniors, persons experiencing homelessness, and low -income families . There is a prevalent digital divide in Fremont among the aged and school- aged population. The aged population struggle with using wireless devices, connecting to telehealth services , and general computer knowledge. In some areas, school -aged children lacked the bandwidth needed to do distance learning and homework , especially during the COVID- 19 pandemic lockdown . When the pandemic hit, families trying to work remotely , engage in distance learning , and stream videos and online gaming noted that there simply wasn’t enough affordable bandwidth to support all of their online activities .

The needs and goals of the City, its residents, businesses, and community groups were assessed to develop a conceptual design and infrastructure requirements that will best serve the needs of Fremont now and into the future . Currently, the City of Frem ont owns around 41.89 miles of existing fiber and another 22.54 miles signal interconnect conduit that could be upgraded to accommodate the special needs of fiber -optic cables. The City of Fremont should expand upon these assets, as shown in the figure bel ow, installing new underground fiber- optic cables that create a series of resilient rings to provide always -on broadband throughout Fremont for public agencies and businesses .

The expansion of the assets is planned to be done in three phases: Phase 1 creates a City -owned fiber ring that will supply services to the City facilities, fire stations, and two diverse internet connections. Phase 2 expands on Phase 1 core ring by building to traffic signals in support of the Traffic Signal Modernization projec t and other City needs and goals. Phase 3 creates redundancy for the network, supports business services and a possible citywide wi -fi network, and provides a robust failure -resistant network, including terrorist activities, earthquakes, or other issues af fecting either building.

All three phases, along with Fremont’s existing fiber and traffic signal interconnect conduit, are shown in the map below.

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Figure 1 -2. Network Map

The total cost of the build and associated E quipment and facilities costs is approximately $26,095,629. 50 broken into three phase s, as shown in the table below.

Table 1 -1. Cost Summary
Construction Cost Equipment Cost Buildings Totals Phase 1 $ 7,388,362.42 $ 2,549,047.58 $900,000.00 $10,837,410.00 Phase 2 $ 11,928,386.95 $ 849,682.53 $ - N/A $12,778,069.48 Phase 3 $ 2,480,150.03 $ -N/A $ N/A $2,480,150.03 Totals $ 21,796,899.40 $ 3,398,730.10 $900,000.00 $26,095,629.50

GRAND TOTAL $ 26,095,629.50

Just like private companies, financing is a major limiting factor in Fremont’s ability to create the completed designed network . Operational costs and organizational capacity are also a significant challenge . Therefore, the City should leverage its existing assets to

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create a City of Fremont broadband network that is operated through a Private Public Partnership (P3). Magellan recommends that Fremont select a qualified private partner(s) to aid the construction cost and management of the network, and provide services by leveraging the Fremont’s infrastructure, conduits, fiber cables, and building space. All of these assets give Fremont a value -added position for an agreement in lieu of some capital.

This model allows the City of Fremont to outsource the maintenance and opera tions of the network to an experienced internet service provider, who will leverage the assets to provide service that meets the current needs and future demands of the residents and businesses. The approach enables enhanced broadband services throughout t he City by easing the construction costs for private providers, encouraging competition, and supplying the bandwidth needs for City departments and eliminating considerable leasing costs. A request for proposals (RFP) has been developed by the City of Frem ont and a competitive process is currently underway to select a qualified partner.

Based on this model, Magellan Advisors used our Broadband Financial Sustainability Model to analyze the business and financial sustainability of the proposed broadband prog ram. The borrowing scenario includes an interest rate of 1%, which assumes that the City would make use of the Broadband Loan Loss Reserve Fund recently established by the State of California’s Treasury to fund costs of financing the deployment of the netw ork deployment. It is early in the process and the California Public Utilities Commission (CPUC) has not yet developed the regulations that will be associated with the Loan Loss Reserve Fund, so we recommend that Fremont track the development of program ru les.

The model also assumes a 70/30% revenue share in favor of the selected operational partner, based on common scenarios we have seen in similar public -private partnership agreements. For the purposes of revenue projections, we estimate the network would be able to sell lit services to 30% of businesses within 500 feet of the backbone. Based on these assumptions and the estimated time to build out the network in phases, we estimate that the network will see its first business customers in Year 3 of the pr ogram, with a total of 387 subscribers signing up that year. This number continues to increase up to Year 6, when the number of customers levels off to a total of 1,320 subscribers for the life of the program. We included reasonably priced speed tiers of 5 00 Mbps and 1GB at both best- effort and dedicated rates based on the existing business broadband environment in Fremont.

Based on these inputs and taking into consideration the revenue share in which the City would get 30% of revenues, we estimate gradually increasing revenues that level off at approximately $ 2,955,744 per year, as shown in the figure below.

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Figure 1-3. Annual Revenues

Over this 20 -year period, the City can expect approximately $49 million in revenue.

Operating expenses, remaining reserve s, and debt service for the same time period are displayed in the table below.

Table 1-2. 20 Year Operating Overview
20 Year Operating Recap

Revenue $ 49,191,528
Op-Ex $ 3,268,783
Remaining Reserves (Operating, Capital Renewal/Replacement) $ 5,435,996

Debt Service $ 27,518,091
Ending 20-Year Cash $ 17,530,549

Our Broadband Sustainability Model shows that the program would break even in Year 3, with an end -of-year cumulative cashflow of $ 17,530,549 at the end of the 20 -year period, as shown in the figure below.
-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Revenues ($)
Year
City Revenues (30% Revenue Share)

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Figure 1-4. End of Year Cash Flow Over 20 Years

In addition to a return on the City’s capital investment, t here are a lso a few common goals among almost all interviewed City departments that can be solved with a citywide Wi-Fi network and digital inclusion efforts. Therefore, in addition to the fiber network, the Plan includes governance and W i-Fi recommendations.

Governance recommendations include the City of Fremont pursuing digital literacy programs to assist in closing the digital divide , particularly in coordination with existing organizations such as the City’s Age -Well Centers , Family Resource Center , Youth and Family S ervices Department , and the Homeless Navigation Center . The City should also continue Dig Once policies and practices, reviewing opportunities for laying additional conduit and fiber at a significant cost savings anytime excavation is planned. We recommend setting up a separate fund for this purpose.

Many stakeholders also saw value in offering Wi -Fi including local information splash pages and support for outdoor markets and festivals. City departments also expre ssed the need to have a City -wide Wi-Fi that will support supporting connected devices in the field. We recommend including these wireless components as a part of the RFP for a P3 agreement that will leverage City assets to achieve these goals.

1.3 RECOMME NDATIONS
To develop a City of Fremont Broadband Program, next steps for the City include:

1. Establish an Enterprise Fund for managing capital investments, revenues, and contractual services.

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The City of Fremont should set up a separate fund for the fiber program to manage its capital and operational expenses, track revenues, and fund contractual services. The Enterprise Fund should be overseen by the appropriate staff who will manage the program. The City could consider reinvesting the revenue share it receiv es as agreed upon with its selected partner(s) to develop additional broadband infrastructure or to support other broadband- related programs including digital literacy efforts. The ultimate goal would be to generate revenue to pay for the buildout as well as the maintenance and running of the network.

2. Continue dig once practices with capital projects, development agreements and utility encroachment in the PROW for opportunistic joint construction.

Broadband should be included into the full range of City planning and development activities, and vice -versa. Capitalizing on planned projects in which the ground is being excavated for other purposes can reduce the cost of deploying conduit and fi ber by up to one -third. The City should continue coordination between departments as well as with outside organizations to ensure that these opportunities are reviewed on a regular (at least quarterly) basis, allowing for more cost -effective deployment of infrastructure not only for the City but for private entities seeking to expand fiber and conduit in Fremont.

We also recommend that the City set aside funds for opportunities for conduit and/or fiber deployment as they arise. A good starting point for thi s fund is approximately $250,000, to be replenished annually as needed. Should there be an increase in spending needed in any one year, we recommend using unspent capital improvement funds for street maintenance temporarily with repayment during mid -year or year -end budget processes.

3. Review funding opportunities for broadband and traffic signal improvements.

Fremont should continue to track grant and loan opportunities to fund broadband and traffic signal improvements from state and federal agencies. Spe cific programs for which Fremont may be eligible include the Coronavirus Capital Projects Fund, C alifornia’s Advanced Services Fund (CASF) , RAISE Transportation Fund, and California’s Loan Loss Reserve Program. While the rulemaking for all of these programs has not yet been released, we expect that the State of California will be providing more details about all four of these programs in the first half of 2022 and encourage Fremont to stay in close contact with state officials about the City’s eligibility. Grant and loan opportunities will require the City to provide key details about the project to demonstrate that it is shovel ready; many of these details are provided within this Plan and the City should levera ge this document to prepare applications. Submitting applications for funding under these

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programs will require letters of support from major employers, senators, assemblymembers, economic development councils, internet service providers, business improvem ent districts, business chambers , and/or community anchor institutions. The City should begin planning for these efforts early as they require considerable time to collect and compile.

The City of Fremont should continue to apply for the many different tra nsportation grants offered through the US Department of Transportation. Being an urban area, Fremont tends to have a greater competitive advantage for general transportation grants vs. broadband type funding with requirements of under or un- served communities.

4. Complete solicitation and selection of public-private partner for network marketing, operations and maintenance.

The City should d evelop a Private Public Partnership (P3) to build Phase 2 and Phase 3 to connect all traffic lights to the traffic management system and support economic development. This partnership will allow the partner to use the City’s network to supply business services through a third party with a revenue share as agreed during negoti ations with the selected partner. The City currently has an RFP underway to begin this process.

5. Complete solicitation and selection of public-private partner for implementing and managing wireless services.

Fremont should also d evelop a P3 for the deploym ent of a wireless network throughout the City to support public safety, economic development, and outdoor market s by using local information splash pages and point of sale service for farmers markets and festivals. It was a prevalent goal and desire of the various City departments to have a City-wide Wi-Fi network supporting a myriad of IoT and other applications. The City should select a qualified, experienced wireless service provider to leverage Fremont’s assets to provide this service.

6. Identify funding for a Network Engineer to manage network implementation, management, ISP and partnership services.

While a P3 agreement will relieve Fremont of the need to provide complete staffing for the program, we recommend that the City dedicate on e half -time ( 0.5 FTE) Network Engineer to oversee the deployment of the network, management of assets, and P3 agreements and services . This will ensure that the City’s assets are tracked and

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documented as additional segments are built out, provide a point person for partners, and track the overall status and goals of the program.

7. Complete the recommended core build to connect all City facilities and fire stations and reduce the monthly operating expenses for broadband circuits.

The objective of Phase 1 of t his Plan is to connect all facilities in order to create efficiencies for the City, as well as to deploy new infrastructure that can be used to provide services to businesses on or near the network in Fremont. The Phase 1 deployment should be overseen by the City’s IT Department to ensure broadband is provided for City facilities, fire stations, police, and Emergency Operations Center (EOC).

Phase 2, which incorporates the Traffic Signal Modernization project, should be coordinated with the City’s Traffic team and IT. At the time the City begins connecting businesses during these phases, the City should have a contract with a P3 to market, operate and maintain the network.

8. Build two diverse routes for City -owned internet connections including:

 Route 1: Fremont City Hall to Fremont Bay Area Rapid Transit (BART) station. Use BART fiber to connect to Digital Reality or Cogent Data Centers , among others, offering internet point of presence connections in Oakland. An agreement with BART and one of the Data Centers needs to be acquired. Over time, t his option is significantly more cost effective than leasing lit services circuits from the private sector .
 Route 2: Connect Emergency Operations Center/Maintenance yard (EOC) to Silicon Valley Intelligent Transportation Systems (SV -ITS). Use SV -ITS to connect to 11 Great Oaks in San Jose for diversity. Fremont already has rights to use the SV -ITS fiber and should coordinate the route through San Jose’s IT Department.  Connect EOC to City Hall with two diverse circuits using existing City -owned fiber. This allows for the diverse internet connections through City Hall and EOC. If either building suffers an outag e, the network can rely on the other for internet. This also creates two diverse circuits from EOC and City Hall, a big concern from City’s Public Works and IT Departments .

9. Increase digital literacy and education.

The City should support ongoing digital inclusion efforts through various departments such as libraries, schools, Community Development, and Human Services. There are many digital literacy programs and groups such as National Digital Inclusion Alliance

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(NDIA) and The International Telecommunications Union (ITU) 2 that have information on how to increase digital inclusion. These programs should be integrated into the governance of the Citywide Wi -Fi network, overseen by an advisory group, to ensure the most community impact. The City’s Family Resource Center and the Youth and Family Services Department , Age -Well Centers and Homeless Navigation Center are all well - positioned to lead these efforts in coordination with other City departments and leadership.

2 Digital inclusion resources include the International Telecommunications Union (https://www.itu.int/en/mediacentre/backgrounders/Pages/digital -inclusion -of-youth.aspx) and the Nation Digital Inclusion Alliance ( https://www.digitalinclusion.org/).

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2. Inventory of Existing Systems & Service
Availability

2.1 CURRENT BROADBAND MARKET
To gain an understanding about the current broadband environment in Fremont, we obtained information about current service offerings and rates in the City. Because a primary g oal of this Plan is to enhance economic development and support local industry, the inventory of existing service availability includes information only about business class internet services in Fremont.

Providers of Business Services
Astound Broadband Powered by Wave was formerly known as Wave Broadband and has recently rebranded after unifying several smaller broadband providers. Astound/Wave has residential offerings in Fremont and will also provide business services under the new brand
Asto und Business Solutions . Pricing varies from around $1000 -1700 per month for dedicated business class service.

AT&T is the incumbent local exchange carrier (ILEC) serving Fremont. AT&T is one of the world's largest providers of IP -based communications servi ces for businesses, including Virtual Private Network (VPN) and Voice over IP (VoIP), and is very well known for its wireless network.
3 AT&T has recently acquired DirecTV, and the FCC conditioned its approval of the transaction on AT&T extending fiber c onnections to additional locations as well as offering gigabit connections to E -rate eligible schools and libraries. 4 BroadbandNow.com states that AT&T can provide services to businesses in about 25% of Fremont. Published speeds for business services are not available as AT&T provide s quotes for businesses on a case -by-case basis. Currently there is no AT &T fiber network in Fremont that is dedicated for business use. Costing for fiber services is based on the construction needed and term length of contract (36 month minimum) . According to AT&T, the average monthly recurring cost ( MRC) is $1300 for 1Gb , plus installation of $1000, plus a percentage of construction costs .

Lumen (formerly Centurylink Business ) is a major Digital Subscriber Line (DSL) and fiber internet provider serving residential and business customers nationwide in the United

3 http://www.att.com/gen/investor -relations?pid=5711
4 In the Matter of Applications of AT&T Inc. and DIRECTV For Consent to Assign or Transfer Contr ol of Licenses and Authorizations; MB Docket No. 14 -90; Memorandum Opinion and Order; FCC 15 -94, Released July 28, 2015, at page 148.

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States. Lumen’s DSL is widely available in rural areas and the company offers fiber internet only in select cities, but their total network coverage includes 37 states. Lumen provides some fiber -based services to the Fremont market at published speeds of up to 940 Mbps for $ 65.00. Based on these speeds and pricing, we assume that this best -effort service is not fiber -based and is for residents and small businesses only. Lumen provides quotes for business services on a case -by-case basis.

Comcast /Xfinity Business is the business broadband brand for Comcast. Comcast is the largest cable internet provider in the US and the incumbent cable provider in the City of Fremont. BroadbandNow.com states that Comcast provides services to 98% of Fremont.

Nominally, Comcast has no fiber business in Fremont, but it does have connections to some facilities such as the Police Department and is looking to expand and offer more services to businesses. They will build on a case -by-case basis depending on availability of fiber strands. Rates vary by area but are typically around $1000 -$1500/ month .

Etheric Networks is a California based fixed wireless provider offering service in the Bay Area. The y report having service available in 100% of Fremont businesses with published tiered speeds of 15 or 25 Mbps. Etheric also offers fiber service to businesses in nine zip codes throughout northern California. Etheric Networks was awarded Rural Digital Opportunity Fund (RDOF ) for census block groups northeast of H ighway 238 to Sunol.

They are looking to leverage this award to increase fiber presence in Fremont.

Tekify Fiber & Wi reless is a California - based internet service provider offering both fiber and fixed wireless services in the Bay Area including Fremont, Hayward, Newark, and Union City. According to publicly available information, Tekify’s fiber service is available to approximately 5,000 people in these cities, while their fixed wireless offerings are available to approximately 470,000 people

5. The company has a small footprint in the
Nile Boulevard area in Union City and is looking to expand their fiber service offerings into Fremont. Tek ify does not publish its business rate tiers and pricing for the Fremont market but indicates that it can provide fixed wireless service to 100% of the Fremont market with download speeds of up to 1Gb.

Other wired providers including Crown Castle , Sonic , Zayo , Level 3, and Lumas also offer businesses to a small portion of Fremont’s businesses (less than 20%). Pricing is not provided.

5 https://broadbandnow.com/Tekify -Broadband

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2.2 PRIVATELY OWNED FIBER ASSETS
There are a number of providers with metro and longhaul fiber assets in Fremont today, as shown in the maps below. The first image, containing local metro networks, includes a substantial amount of assets owned by Crown Castle and CenturyLink. In the secon d image, longhaul fiber is shown, including routes owned by Level 3, CenturyLink, and Electric Lightwave that run along many of the City’s major corridors.

Figure 2-1. Metro Fiber Networks in Fremont

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Figure 2-2. Long Haul Fiber Networks in Fremont

2.3 CITY - OWNED BROADBAND INFRASTRUCTURE
Fiber -Optic Cables
Currently, the City of Fremont has around 41.89 miles of existing fibe r, shown in the figure below . This fiber is owned by Fremont’s Public Works and IT Department s. The fiber cables vary in size and strand availability, with 96 fiber stand count being the most common . The existing fiber is sufficient to use dense wave division multiplexing ( DWDM ) with up to 400 Gb technologies to get the utilization that is needed to support City operations and business service offerings .

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Figure 2 -3. City of Fremont Existing Fiber

In addition to City -owned fiber, the Silicon Valley Intelligent Transportation Systems ( SV- ITS) is a fiber optic network running through Fremont . Completed in the early 2000’s , it was a system built to connect an intelligent transportation from southern San Jose to Fremont through all the cities along the path. The cities it passes through , including Fremont, have access to six (6) fibers strands , and can request more if needed. The fibers are managed through San Jose IT Department. According to San Jose, these fibers are free for the C ity of Fremont to use. San Jose is responsible for the management, assignments, and documentation of the network.

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Figure 2 -4. SV-ITS

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Additionally, Caltrans owns the fiber route shown below, which contains a 288 -count fiber running through Fremont. The City has use of four (4) fiber strands.

Figure 2 -5. Caltrans 288 Fiber in Fremont

Conduit
Fremont has an existing 22.54 miles of traffic signal interconnect conduit , shown in the figure below . In most cases this conduit is occupied by a copper signal interconnect cable that would have to pulled out and replaced with fiber . The size of the conduits is known (in most cases it is 2” ), but the condition is unknown. It is assumed that the handholes and vaults are too small to accommodate the required static bend radius of the fiber cables and will have to be replaced with 30x60x30 -foot vaults . The bends on the conduit entering the handholes are typically hard 90 -degree elbows and are not compatible with bending of fiber cables ; therefore, they would have to be replaced with 90-degree sweeps. It is assumed that if there is existing copper signal inte rconnect cable in the conduit, that cable can be pulled out and a new fiber cable pulled in.

The placement of these conduits makes them a perfect option for building new fiber , providing cost savings . The cost of new underground construction varies from $110 to $125 per foot and upgrading the signal interconnect is substantially less expensive at $15 - $25 per foot .

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Figure 2-6. City of Fremont Existing Conduit

2.4 CONCLUSIONS ABOUT FREMONT’S EXISTING BROADBAND SERVICE

AND ASSETS
Fremont is served by several providers with the speeds well above the federal broadband threshold of 25/3 Mb ps. The broadband technologies used to service Fremont are c oax, DSL, f iber, and f ixed wireless.

Businesses, although adequately served today, will rely on ad ditional fiber offerings in the future as their operations increasingly depend on fast symmetrical speeds to keep up with the demands of the economy and data transfer. Additional service options, especially for businesses, could drive down prices and impro ve customer experiences by creating more competition for fiber -based services.

Fremont has a substantial amount of existing infrastructure , both publicly - and privately - owned , that can be leveraged and expanded to meet these goals. Although the City’s conduit likely needs to be upgraded to house fiber, costs of deployment can be substantially lowered by using existing assets to expand fiber into key areas of the City.

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3. Needs Assessment & Goal Setting
Mage llan Advisors interview ed 3 1 representatives from City departments and representatives of three external organizations : Alameda County Transit, Alameda County Water District, and Fremont Unified School District. The discussions revealed a wide range of needs and opportunities, many re lated to Fremont’s substantial base of advanced manufacturing companies and its relatively sophisticated approach to traffic management.

Fremont’s diverse, technologically advanced industry is both an end and mean s for much of this development, including broadband. The only element that seems to be missing from Fremont’s innovation ecosystem is higher education, particularly translational research activities.

Several City facilities, particularly community centers and the co-locate d Public Works Corporation Yard and Emergency Operations Centers , are prime candidates for better connectivity, a nd so are the numerous parks. Other public entities in Fremont have similar requirements, particularly for transit and utilities. All these nee ds complement opportunities for economic development and transportation. Stakeholder input indicates it will be important to capitalize on the City’s broadband opportunities to include seniors, persons experiencing homelessness, and low -income families.

3. 1 GENERAL NEEDS AND OPPORTUNITIES
The City has identified numerous specific opportunities for connectivity. The Maintenance Yard and Emergency Operations Center ( EOC), which share a location, currently have a Comcast broadband line, a lateral from the traf fic signal fiber, and satellite backup. They need redundant connections. The City wants to have digital displays throughout the area, including a digital events calendar and solar dashboard at the Convention Center . Smart buildings, including electric micr o-grids, are seen as important for resilience, particularly for power shut offs . The City already has 58 buildings with fire alarm systems, energy management system controllers in 37 buildings, and is using keycard access control. They need telemetry to mo nitor generators, pump stations, and similar sites. There are numerous cameras at traffic signals for various uses.

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The City also wants to use the fiber to support community programs, fire, police, site interconnection, and mobile connectivity for field p ersonnel in various departments to access work orders, reports, plans/inspections, etc. Currently, many public safety cameras, including license plate readers (LPR), which are used daily for criminal investigations, are on cellular and experience substantial lag and recording issues. They would like to add public security cameras to all access/egress points around the City, commercial and residential developments, and expanded intersections.

Other community anchors have similar interests —the schools need t o support virtual learning, for example, and the water company is considering smart meters. The City has major i ndustr ies that embraces and uses technology —including traditional anchors like healthcare and cutting -edge industries like autonomous vehicles —so there are significant local economy benefits . A lot of companies want to deploy private fiber and wireless infrastructure, which can impact other infrastructure. Redundancy is a huge issue. Fiber installed in shallow trenches has been cut several times . The City and partners want to make sure they have diverse and less exposed routes .

The City needs to address issues related to design and construction —Dig Once practices and micro -trenching were specifically mentioned —but also coordinate and facilitate development for redundancy and restoration. They want to connect to the 880 Caltrans fiber but need to build conduit into the Caltrans vaults. The City is also interested in potential revenue from existing assets to cover operating costs and how to capitaliz e on them to connect those who can’t afford private services.

3.2 COMMUNITY AND ECONOMIC DEVELOPMENT
Fremont has unique opportunities due to its diverse, large -scale manufacturing base consisting of approximately 900 high- tech companies , many of which are relatively small. One in four local jobs are in clean tech, auto tech, life sciences, and legacy computer/semiconductor manufacturing ecosystem s. Most of the City’s tax income comes from these industries, as well. Including the Tesla Fa ctory, the largest manufacturing facility outside of China, the City has 55 million square feet of manufacturing space, much of which can easily adapt to produce various quantities and types of products.

Most of the City’s industry is in the Fremont Innov ation District (FID), south of Auto Mall Parkway, between Fremont Blvd and Warm Springs Blvd, on both sides of the 880. FID encompasses the Warm Springs Innovation District, which includes the Tesla Factory and is the focus for the City’s Manufacturing Inn ovation Center. Ardenwood Technology Park,

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with 2.7 million square feet of space for R&D similar uses, located in the northwest corner of the City at the eastern end of the Dumbarton Bridge from Palo Alto, is another important area for advanced connectivity.

Fremont is a global hotbed for “Industry 4.0,” which uses large -scale machine -to-machine communications and a vast number of small, interconnected intelligent devices known as “Internet of Things,” to making manufacturing faster, more efficient, flexibl e, and much less labor -intensive. Because of this, demand for data processing and digital infrastructure has increased dramatically. Connected, intelligent vehicles and similar — essentially free- roaming robots —represents a major opportunity for research and development for the City and its industry. Fremont does not have significant presence of higher education, particularly research centers.

The City’s small businesses and support industries are sprawled over 90 square miles with no central concentration be cause the City grew through annexation and agglomeration. Fremont is 15% to 20% of the way into a multi -year process to develop the Downtown District between the Fremont Bay Area Rapid Transit ( BART) Station and the Fremont Hub M all. The district is centered on the Downtown Event Center & Plaza near the intersection of Capitol Ave and State St, which has an urban park for food trucks. Those plans are basically on hold because of the economic situation, particularly impacts of the COVID- 19 pandemic on demand for office space. The City will redevelop the Downtown District with commercial and office space as demand for such facilities recovers.

In the meantime, the City is focusing development on residential, mixed use, and “community -facing” economic development, including retail and services. The City’s Age - Well Centers and Homeless Navigation Center are important facilities. The City is focusing on seniors and formerly homeless individuals, launching a rental assistance program, and supporting non -profit developers. Affordable housing is a priority for the City and key partners, including Joint Venture Silicon Valley. There are lower -income households spread throughout the community.

Fremont is also dev eloping smaller scale "town center" mixed use, urban village nodes around transit, with good bike -walk connectivity to get people outside and interacting.

Ardenwood Park in the north part of the City, Artist Walk/Centerville, and Warm Springs in southern Fremont were specifically noted for this type of development, although the approach applies throughout the City. Centerville, Five Corners/Ir vington, Mission San Jose, and Niles Plaza were noted as examples smaller commercial areas the City wants to promot e. The City has several Business Improvement Districts. All these areas/nodes should have public Wi -Fi. 5G and other next generation wireless is an opportunity in these areas as well as in the more industrial areas of Fremont. Despite objections of a

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vocal minority, the City may consider integrating 5G with its infrastructure because most people want it and it could benefit economic development via technology trials.

3.3 HEALTH, EDUCATION, AND WELLNESS
There are 62 parks in Fremont and over 60 miles of trai ls, with plans for nearly 80 more miles. Central Park is the City’s largest park, although the East Bay Regional Park District has several large parks in the City as well. Most are neighborhood or plaza parks. The City also has ten community centers, multi ple historic parks, and many historic buildings. Most of the buildings and centers have not been updated and have no W i-Fi or other connectivity. Citizens have asked for more or improved trail infrastructure, particularly loops in parks, which can be prim e opportunities to deploy network infrastructure and improve digital connectivity.

Parents often don’t want Wi-Fi for kids as it keeps them from being active, but they need it for events and access to information. Connectivity can be a way to enable gather ing but also discourage standing while supporting those in need. Emergency communication, event streaming, field work, interactive kiosks, lighting controls, mobile registration (Active.net), security surveillance, and wayfinding are potential applications .

The City has numerous partners for parks, many of whom also need better connectivity.

It is easier to find sponsors if an event/facility has good connectivity.

The City’s Family Resource Center (FRC) houses 25 agencies , including county and state as well as various non- profit enterprises. They have Financial Navigators on staff to help any Alameda County resident and professional counselors to help families through difficult life situations. The Youth and Family Services Department, which has a presence with the Police Department and schools as well as the FRC, provides a range of counseling and evaluation. They use telehealth, are deploying electronic health records system, and working on a variety of ways to connect with medical providers and other servi ces (including discounted rides via Lyft and Uber). Data gathering and services require hardware and network connections that meet HIP AA requirements. There is a large digital divide for the elderly population who often can’t afford internet on fixed incom es. Isolation is a health issue for them, and their doctors are online. Their kids get the technology but they often struggle to use it. The City is doing a demo nstration project – GrandPad
6 – which uses a cellular telephone connection to support seniors .

The Fremont Unified School District has 47 locations , including administration, adult learning, individualized charter schools, and pre -kindergarten, as well as various schools

6 GrandPad sells a special device and support services for seniors. For more i nformation, visit https://www.grandpad.net/ .

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for K -12. One new elementary school building has not yet opened. They are planning to add another early learning center. All schools connect via Crown Castle fiber at 1 Gbps to the schools’ central office, which connects to CENIC via a 10 Gbps circuit to the Alameda Cou nty Office of Education in Hayward, with dark fiber to another facility for disaster recovery. Their contract for network services ends in 2022 and they are planning to put it out to bid as this Plan is written. All schools have Wi -Fi and use VoIP.

They ha ve various online tools for students and their families, including Clever digital learning platform, Google G -Suite, and Infinite Campus student information system.

3.4 PUBLIC SAFETY
Fremont has a single campus for its Police Department and an adjacent jai l; BART has offered to allow City police to use its stations if Fremont would split the costs. The Fire Department has eleven stations, a training center and administrative offices located next to City Hall on Capital Ave, and Emergency Operations at Public Works Corporation Yard.

Dispatch for the Fremont Fire Department is provided out of Livermore and radio communications is provided by East Bay Radio Communications System Authority (EBRCSA). Fremont Police Department Dispatch center is multi- jurisdictio nal serving Union City patrol using PSAP, public safety answer point and is in the Police Department.

Some Fire stations have basic ( 10/10 0 Mbps) Comcast broadband, fire stations # 1, # 5, #7 have active fiber links, while #3 and #8 will be served by fiber upon completion of the Fremont Smart Corridor project. Fire station #9 has a 1G link using the City’s Siklu equipment.

Emergency/public safety vehicles have CradlePoint routers with cellular (via Verizon) and Wi-Fi. There is Wi -Fi at fire stations as well as other City buildings that Police can use .

Officers typically download body cam video at the Police station . The Fire Department would like better cellular, radio, and video communication options, specifically for conferencing, field access to GIS (they use Waze to locate incidents on the highway), and training. Generally, the data speeds in the field are not adequate for the Fire Department. Cellular and radio communications are spotty in certain areas in Fremont.

Fremont Pol ice have considered live streaming video, especially for their mobile command vehicle and police body cams during active situations . Drones are currently used with streaming video.

3.5 TRANSPORTATION AND UTILITIES
Generally, traffic management is a maj or application for the City’s network infrastructure. The City has fiber to some traffic signals and cameras and it is a somewhat fragmented system of 96 strand fiber cables. They h ave an agreement with

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Caltrans to use 4 fibers along Highway 880 in exchang e for 4 fibers used on Mowery to connect to BART fiber but the City is not currently using any of those fibers. They have been approached by private companies about use of the conduits and fiber . No agreements are in place now. Fremont also owns local streetlight poles, some of which are used for antennas for cellular services.

Traffic Engineering is developing a Smart Corridor via a T raffic Signal Modernization project along Fremont Blvd the entire length of town, working with t echnology companies LYT (real time traffic signal status) and Pony AI ( autonomous vehicle technology). Traffic Engineering is replacing signals, cabinets and connecting fiber from Fremont and 880 on the north to Fremont and 880 on South side of the C ity. No conduit will be added but old copper cable will be pulled out and replaced with fiber. Planned pedestrian bridge crossings could be designed to include conduit for future use.

AC Transit, which serves 14 cities, including Fremont, and unincorporated are as of western Alameda and Contra Costa counties , is an important partner for transportation.

It has connected buses, connected vehicles, and mobility hubs via cellular. The buses are mobile data centers that collect camera, location, passenger, and vehicle data in real time as well as VoIP for operator communications, all via private network infrastructure.

They have traffic signal priority via roadside units adjacent to signal cabinets and are planning for collision avoidance technology. They also have pub lic Wi- Fi. The operator can activate covert microphones and alert the Sheriff’s department, which can access cameras if there are incidents needing situational awareness. They would like faster, more redundant connections. They are interested in partnering on kiosk to provide transit information and access to micro -mobility at mobility hubs.

Alameda County Water District (ACWD) covers a 105 square mile area, including Newark and Union City as well as Fremont, with 900 miles of pipe, 13 reservoirs, and three treatment facilities. Much of their network infrastructure , equipment, connections, and technologies are old and need to be replaced. They want to improve connections between facilities . They are working with Alameda County to identify possible sites to use microwave connections but not many facilities allow for good line -of-sight . AC WD collaborates with seven other water districts in the Bay Area to ensure water reliability.

They are very involved in watershed protection activities and jointly administer the Quarry Lakes Regional Recreation Area in Fremont along with the East Bay Regional Parks District.

Some other Bay Area cities and towns are doing similar studies with varying results.

Broadband is becoming the next utility and is being treated with more urgency and needs to be a part of the planning stages of all major projects in city limits.

Municipalities are assessing current assets, demands, future goals, and creating ways to

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meet those goals. Nearly all these cities, towns, and counties are starting to see the need for a more regional approach in connecting regions together.

The bigger cities seem to have a similar outcome to Fremont’s with the city designing a backbone middle -mile to support partners hips and future growth through private companies using city assets as a cost savings measure. The smaller towns have fewer assets and resources, so the approach is a little different leading to more partnership ideas with less revenue for the town.

3.6 GOAL SETTING
Based on stakeholder inputs, broadband development goals for Fremont might include:
• Build broadband into the full range of City planning and development activities, and vice -versa; approach broadband as a strategic enabler as well as infrastructure to be developed and managed.
• Deploy redundant and reliable fiber connections to all key fac ilities . • Reduce inconsistencies and fragmentation of fiber infrastructure . • Establish separation within the fiber infrastructure to support public sector applications, including systems that require “air gap” security, and privately operated public networks . An air gap is a security measure in which computers, computer systems or networks are not connected in any way to any other devices or networks decreasing access and increasing security. • Design and build fiber infrastructure with best security controls and practices and in mind such as but not limited to controlled physical access to the core network facilities and equipment, clean power and power backup sources, strong physical security, access control, and environmental controls.
• Create high- capacity fiber rings along major corridors , past parks (industrial and recreational), and in other key areas , adjacent to transit and traffic assets. • Extend fiber infrastructure along secondary routes —focusing on commercial areas, plaza parks, and affordable housing development— and into parks. • Provide wireless connections for digital divide issues, to support festivals and outdoor markets, and for City operations, including deploy ing new vertical assets as appropriate.
• Establish objectives for broad band partnerships and sales . These might include:
o Cost reduction for services, particularly mobile, remote, radio -based connectivity
o Increases in coverage and throughput for applications o Revenue from leasing horizontal and vertical assets
o Investment by tec hnology and telecom companies

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o Clear and simplified processes of services management and provisioning o Provide an avenue for revenue to be captured for some of the construction and maintenance of the network in terms of revenue sharing o Find opportunities to lease out infrastructure to 3 rd parties to further monetize the network assets
• Develop a marketing/partnership plan ; identify and engage prospective customers and partners .
o Clearly define who will own the responsibility of the marketing o Clearly define anch or institutions with specific marketing for those potential clients

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4. Broadband Survey
To gain further insight into the need for additional broadband options in the City of Fremont, a survey was conducted to collect information from residents and businesses about their current service and needs. The survey was open for approximately eight (8) weeks and received 498 total responses.

4.1 RESPONDENT CHARACTERISTICS
Most responses came from residents, as shown in the table below.

Table 4-1. Survey Responses by Type

RESPONSE TYPE

HOUSEHOLD: LOCATION IS PRIMARILY A RESIDENCE 460
SMALL OR MEDIUM ORGANIZATION: LOCATION REQUIRES BASIC INTERNET, PHONE, VIDEO 22 LARGE ENTERPRISE ORGANIZATION: LOCATION REQUIRES COMPLEX SERVICES WITH SERVICE LEVEL

AGREEMENT
16 TOTAL 498

More than two thirds of organizational respo nses came from the Technology- Manufacturing sector, followed by Health Care and Technology – General. These sectors tend to be heavy users of broadband , so their responses provide key insight into the current state of internet and future need. Due to the low number of organizational responses, we cannot say that result s are statistically valid, although they do provide anecdotal information about the needs of these commercial users.

Figure 4-1. Organizational Respondents by Sector

Other Services
12% Public
Administration/Govern
ment
6%
Technology -
Manufacturing
35%Health Care
17%
Education
6%
Technology - General
12%
Warehouse,
Distribution, &
Wholesaling
6%
Restaurant or
Food Service
6%
Organizational Sector
n=17

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4.2 RESPONDENT CONNECTION TYPES
Most respondents reported that they had high -speed broadband connections, with only about 6% reporting slow -speed connections through cellular, dial -up, or satellite and just one respondent reporting no internet service at their location. About 2% were uns ure.

Figure 4-2. Respondents’ Connection Types

Xfinity/Comcast was the predominant internet service provider, serving about two thirds of respondents, followed by AT&T, serving about one quarter. A handful of respondents reported having service through Sail Internet ( 9) and Wave (6), while other companies like Tekify and Cruzio served one respondent each. These numbers s uggest that the incumbent telecommunications providers – Comcast and AT&T continue to dominate the market, although there are some small er companies offering service to some areas of Fremont.

0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Household Small Business Large Enterprise
Type of Connection by Respondent Type
n=496
High Speed Low Speed No Internet Unsure

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Figure 4-3. Survey Respondents’ Internet Service Providers

4.3 INTERNET PERFORMANCE AND SATISFACTION
The survey also contained an embedded speed test to gain an understanding of how internet is performing compared to contracted speeds. On average, survey respondents survey respondents were getting close to their contracted speeds, as shown in the chart below. Most respondents were getting speeds well above the 25/3 Mbps speed threshold used to define broadband by the Federal Communications Commission . 0 50
100
150
200
250
300
AT&T XFinity/Comcast Sail Internet Other - Write In Sonic Tekify Fiber Cruzio What Company Currently Provides Internet Service to This Location? n=368

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Table 4-2. Contracted Speeds Compared to Average Speeds Across all Respondents

Average
(Mbps)
Median
(Mbp s)
Download
(Actual)
317.1044 109.485
Upload
(Actual)
182.1285 32.71

Download
(Contracted
412.2808 200
Upload
(Contracted)
198.6021 20
Among residential respondents, actual speeds were about half of contracted speeds on average. Residents were paying an average of $87.28 per month for their broadband services only, which amounts to approximately $0. 27 per Mbps per month based on average actual speeds

7. Table 4-3. Contracted Speeds, Actual Speeds, and MRC for Residential Respondents

CONTRACTED

DOWNLOAD

CONTRACTED
UPLOAD
ACTUAL

DOWNLOAD
ACTUAL
UPLOAD
MRC
AVERAGE 425.60 206.85 204.44 123.46 $87.28
MEDIAN 275 25 127.53 15.77 $73.00
MODE 1000 10 N/A 5.97 $100.00
MAX 1250 1899 920.29 1069.37 $400.00
MIN 1 1 0.84 0.51 $12.00

Based upon average speeds, Tekify residential users were paying the most per M bps per month, although this is based on just one response. Residential AT&T users were paying the least at $0.21 per M bps per month.

7 Average cost per Mbps per month is calculated by dividing the average MRC by the total actual speed Mbps.

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Table 4-4. Average Speeds and Cost per Mbps per Month for Residential Respondents

PROVIDER AVERAGE

DOWNLOAD

AVERAGE
UPLOAD

AVERAGE
MRC

AVERAGE

COST /MBPS/MONTH

NUMBER OF

RESPONSES
AT&T 186.10 172.86 $ 74.79 $0.21 66
SAIL 106.78 121.02 $ 52.87 $0.23 9
SONIC 176.22 42.62 $ 77.87 $0.35 6
TEKIFY 16.71 26 $ 49.00 $1.15 1
XFINITY/COMCAST 217.75 111.06 $ 94.25 $0.29 196 OTHER 64.85 34.63 $ 90.00 $0.90 2
ALL 204.44 123.46 $ 87.28 $0. 27 280

Among organizational respondents, actual speeds were higher than contracted speeds.

On average, organizational responses were paying $335.57 per month, or about $2.30 per Mbps per month.

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Table 4-5. Contracted Speeds, Actual Speeds, and MRC for Organizational Respondents

CONTRACTED
UPLOAD

CONTRACTED

DOWNLOAD
ACTUAL
UPLOAD
ACTUAL

DOWNLOAD
MRC
AVERAGE 30.5 75.5 22.71 93.27 $335.57
MEDIAN 35 50 21.65 52.27 $140.00
MODE 50 50 N/A N/A $99.00
MAX 50 200 47.29 245.38 $850.00
MIN 2 2 7.26 18.11 $34.00

Respondents were asked to rate their satisfaction with current services across a variety of factors, as shown in the figure below. Most respondents were at least somewhat satisfied with their current services across the board, although there was some dissatisfaction with Price.

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Table 4-6. Res pondents Satisfaction with Current Broadband Services All

Overall Speed Price Reliability Support
Very
Satisfactory
80 87 38 74 47
Somewhat
Satisfactory
126 130 102 121 95
Neither/Not
Sure
29 14 26 26 73
Somewhat
Unsatisfactory
58 65 91 68 55
Completely
Unsatisfactory
19 16 50 14 35
Households

Overall Speed Price Reliability Support
Very
Satisfactory
80 87 38 74 47
Somewhat
Satisfactory
123 127 99 117 94
Neither/Not
Sure
27 14 25 25 70
Somewhat
Unsatisfactory
57 62 89 67 53
Completely
Unsatisfactory
18 15 49 13 34
Businesses

Overall Speed Price Reliability Support
Very
Satisfactory
0 0 0 0 0
Somewhat
Satisfactory
2 2 2 3 1
Neither/Not
Sure
2 0 1 1 3
Somewhat
Unsatisfactory
1 3 2 1 1
Completely
Unsatisfactory
1 1 1 1 1

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Satisfaction levels were not concentrated in one specific area, but varied across the City, as shown in the mapped survey results below.

Figure 4-4. Overall Satisfaction Levels by Location

Overall, respondents reported that they experienced slowdowns and brief outages every few months to once a year. The service rarely goes out for more than a day.

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Table 4 -7. Frequency of Outages and Slow Downs
Never
Once a
year or
less
Every few
months
Every few
weeks
Every few
days
Daily,
everyday Responses
The service slows
down. 38 (10.7%) 62 (17.4%)
88 (24.7%)
66 (18.5%) 57 (16.0%)
45 (12.6%) 356
The service is out
briefly 30 (8.4%) 97 (27.2%)
121
(34.0%)
63 (17.7%) 33 (9.3%) 12 (3.4%) 356
The service is out for
less than an hour 41(11.5%)
127
(35.7%)
97 (27.2%)
48 (13.5%) 32 (9.0%) 11 (3.1%) 356
The service is out for
an hour or two 79 (22.8%)
140
(40.5%)
79 (22.8%) 30 (8.7%) 15 (4.3%) 3 (0.9%) 346
The service is out for
several hours
121
(36.0%)
129
(38.4%)
56 (16.7%) 16 (4.8%) 11 (3.3%) 3 (0.9%) 336
The service is out for
a day or more
225
(67.2%) 72 (21.5%) 18 (5.4%) 8 (2.4%) 8 (2.4%) 4 (1.2%) 336 Totals 356

4.4 WILLINGNESS TO PAY
When asked how much they would be willing to pay for broadband services, most respondents would not pay anything for service of 25 M bps or less. For super -fast 1GB connections, most residential respondents thought that between $50 and $100 per month was an acceptable price range , while business respondents were willing to pay between $100 and $150 for 1GB . Among five (5) enterprise respondents, the average willingness to pay for broadband services overall was $1400 per month.

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Table 4 -8. Respondents’ Willingness to Pay
ALL 10 MBPS 25 MBPS 50 MBPS 300 MBPS 1GB
WOULD NOT PAY ANYTHING 220 156 78 26 17
NO MORE THAN $25 49 106 109 41 14
BETWEEN $25 AND $50 13 21 89 129 71
BETWEEN $50 AND $100 9 6 12 81 138
BETWEEN $100 AND $150 2 3 2 11 54
HOUSEHOLDS 10 MBPS 25 MBPS 50 MBPS 300 MBPS 1GB
WOULD NOT PAY ANYTHING 216 152 75 25 16
NO MORE THAN $25 48 105 109 41 13
BETWEEN $25 AND $50 13 21 88 129 71
BETWEEN $50 AND $100 9 6 12 79 138
BETWEEN $100 AND $150 1 2 1 9 51
BUSINESSES 10 Mbps 25 Mbps 50 Mbps 300 Mbps 1GB
WOULD NOT PAY ANYTHING 4 4 3 1 1
NO MORE THAN $25 1 1 0 0 1
BETWEEN $25 AND $50 0 0 1 0 0
BETWEEN $50 AND $100 0 0 0 2 0
BETWEEN $100 AND $150 1 1 1 2 3

Organizational respondents were asked if they would consider moving locations if their organization was able to get much faster and less expensive internet services elsewhere with comparable business characteristics. Respondents were somewhat evenly split, with about 52.3% stating that they definitely or probably WOULD NOT move and about

47.7% stating that the definitely or probably WOULD move.

Figure 4-5. Organizations’ Probability of Moving for Better Broadband

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4.5 RESPONDENT COMMENTS
Finally, respondents were asked to share what better broadband would mean to them, their family, their organization, and the area . Many responses included concerns about a lack of competition or affordability. While some respondents took the opportunity to confirm their satisfaction with current services, others expressed a desire for new options to drive down prices and increased reliability and speeds. A sample of these comments is shown below.

There is no real competition in the area, with only two compa nies setting prices. As part of Silicon Valley, this is unacceptable. – Respondent #18 9 Broadband is essential to us but is too expensive. Affordable broadband for all! – Respondent #265
We have only one viable provider where we live, and they know it and charge us more for our slow service than people a few blocks away pay for service that's 20x faster. We need more options and reliable service. – Respondent #355
I would like to have more choices for quality high -speed internet. – Respondent #416

4. 6 CON CLUSIONS
Overall, respondents indicate that they are somewhat satisfied with broadband in Fremont. Average speeds far exceed the F CC’s broadband definition of 25/3 M bps, although, at 317/182 M bps, they are not stellar in the context of Silicon Valley. Services are relatively affordable, and reliability does not seem to be an overwhelming issue.

The biggest concern about the market is a lack of competition, with the cable/ telco incumbents (Xfini ty/Comcast and AT&T) dominating the market share . Respondents expressed a need for more options for service, including potentially a municipal broadband offering .

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5. Conceptual Network Routes & Infrastructure
Requirements
Magellan Advisors developed a conceptual design for a fiber optic network to connect municipal facilities , fire stations , and traffic cameras , as well as to support economic development in Fremont . The network is designed to leverage existing infrastructure, as well as planned projects, including traffic signal modernization plan. The design is broken into three phases to be implemented incrementally, as described below.

5.1 PHASE 1 – CORE RING
Phase 1 creat es a redundant ring around the C ity using existing infrastructure (shown in yellow in the figure below) , upgrading signal interconnect (shown in green) conduit, and filling i n the gaps with new construction (shown in red) to connect all C ity facilities , fire stations , and most traffic cameras .

Figure 5-1. HLD Phase 1

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In addition to this new ring, leveraging an existing agreement with Silicon Valley Intelligent Traffic System (SV -ITS), allows Fremont to create a designated internet access (DIA) connection to data centers in San Jose to the emergency operations cente r at the Public Works maintenance yard. Another DIA is recommended to connect to BART fiber at the Fremont BART station and lease fiber from BART to connect to DAC in Oakland.

BART fiber is very cheap if used for City use only. This connection requires a short new underground build bridging the gap between existing City fiber and BART fiber , as shown in the figure below.

Figure 5-2. Designated Internet Access (DIA) Routing

The last goal of Phase 1 is to create diversity between City Hall and the EOC. During an emergency, it is critical that City Hall and the EOC can communicate; therefore, it is recommended that two diverse routes be created from City Hall and EOC. One DIA located at City Hall and another at the EOC creates an extremely diverse routing that is

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nearly outage -proof. These routes require a diverse entry to be constructed into the EOC and splicing existing City fiber to create these paths, as shown in the figur e below.

Figure 5-3. Diverse City Hall Emergency Operations Center Paths

Laterals to all the City facilities will need to be constructed to connect them to the City network. It is Magellan’s recommendation that the IT department handle and be respon sible for all fiber connections and documentation. 5 .2 PHASE 2 – TRAFFIC SIGNAL MODERNIZATION PROJECT
Phase 2 of the build is designed to interconnect traffic signals and support the City’s Traffic Signal Modernization project. Fremont has heavily invested in connecting all traffic signals to the traffic control center , with the goal of preventing car accident

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deaths at intersections 8. The design incorporates the use of existing infrastructure , upgrading signal interconnect cond uits, and new underground , as shown in the figure below . The signals on the map that do not show a construction method are on paths in Phase 1. The routes constructed with Phase 2 will also be used for the furthering of the economic development goals of t he City by allowing for connections to businesses along these routes.

Figure 5-4. Phase 2: Traffic Signal Modernization and Economic Development

8 Details about this project can be found at: www.fremont.gov - Fremont Vision Zero Details

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Figure 5 -5. Business Opportunities

5 .3 PHASE 3 – REDUNDANCY
Phase 3 uses new underground construction to place new fiber -optic cables to fill gaps in the network and create redundancy thr oughout. Networks that support business services need to have a redundant path to limit the amount and lengths of outages.

Businesses rely on broadband and i nternet for many purposes, including data transfers, online accounting, business monitoring, among other processes . When the internet services are not working , it is detrimental to their operations ; therefor e, all business service agreements include compen sation from the provider if that service is interrupted for an extended period of time . It is referred to as (4) 9’s or 99.99% , in each month that is only 4 -5 minutes of outage , outside of maintenance windows , before costs are incurred. For this reason, it is important for the network to have redundancy built it to it with automatic transfer equipment to re -route data traffic around the outages.

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Phase 3 calls for approximately 30,400 feet of new underground construction that will conne ct Phase 1 and P hase 2 builds , creating redundancy for the network by filling in “gaps ” along a few key routes, as shown in the map below.

Figure 5-6. Redundancy , Economic Development , Wireless Support

5.4 HLD CONCLUSION
The network build utilizes existing strands of fiber, signal interconnect conduit, and new underground construction. The plan helps the city meet its needs, goals, and future growth for all the departments and community organizations. All three phases, along with Fremont’s existing fiber and traffic signal interconnect conduit, are shown in the map below. Businesses are also displayed to indicate how the network affects economic development opportunities.

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Figure 5 -7. Complete Network Map by Construction Type

The table below shows the approximate footages for construction type in each phase of the build. The build is expected to take 3 -5 years to complete . In addition to the construction, there are agreements that need to be put into place for the internet access routes. The first is an agreement with BART to use fiber from the Fremont BART station to downtown to Oakland. Additionally, Fremont will need to work with SV -ITS (San Jose IT Department) for fiber allocations to build a path from the EOC to 11 Great Oaks Data Center in San Jose. Both internet connections require agreements with the data centers for entry into and a separate agreement with a dedicated internet provider at the data center.

The table below shows the approximate footages for construction type in each phase of the build. Costs of the construction are detailed in the next section of this Plan.

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Table 5.1 Footages by Phase
Phase Footages
Phase 1
New Underground 27,848
Signal Interconnect 54,287
Phase 2
New Underground 49,684
Signal Interconnect 77,090
Phase 3
New Underground 14,909
Grand Total 223,818

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6. Technical Specifications & Cost Estimation
Fremont should adhere to specific construction methods and equipment to make the network functional for the City’s current needs and future partnerships. Section 5 provides an overview of the construction techniques for the network with the associated footages. For the network to have the needed bandwidth with a realistic funded budget, it is necessary to incorporate technologies that allow the use of as much existing infrastructure as possible, upgrade existing conduit structure, and the use of dense wave division multiplexing (DWDM). It is also critical that the network is diverse, providing two separate internet con nections between the same two point s without sharing any common points. Additional details about technical specifications and costs are provided below.

6.1 TECHNICAL SPECIFICATIONS
DIA (Designated Internet Access)
Currently the city leases internet access from a third party , which come s with substantial costs. Tying into and using BART fiber at the Fremont BART station will allow Fremont to lease fiber from BART at a very low cost, if used for C ity purposes, enabling Fremont to reduce operational expenses and have a connection going north to Oakland DAC.

To achieve a completely redundant internet connection that would also be owned by the City, Fremont can leverage its use of the 6 SV-ITS fiber s. The SV ITS fiber gains a connection to one of many data cent ers in San Jose , where Fremont can obtain a second DIA route. This fiber current runs on Osgood Road in front of the Emergency Operations Center, which allows Fremont to build a diverse path into the EOC. The diversity is important when dealing with outage s, capacity, partnerships, and even emergency situations by allowing an alternate path if one or the other connections experiences an outage, or if more bandwidth is required.

The City will need to acquire a lease agreement from DIA provider at both datac enters.

One of the connections should be a 1 0 Gb circuit; the other, depending on the d emand, should be 1 Gb burstable to 10 Gb. Both circuits will require multi -protocol label switching ( MPLS ) gateway s on both ends and routers/switches for d istribution onto the network. Burstable speed circuits mean that the City will pay for the contracted speed and when the demand goes over that , the provider will allow for faster speeds for a short period of time. I deally , a burstable circuit would only be used sparingly due to the high cost of the “burst .”

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City Hall to Emergency Operations Center
The high- level design incorporates diverse paths between Ci ty Hall and the EOC. The diversity is needed for back up of services, additional bandwidth, and communicati ons during an emergency.

It is assumed that the needed power supply, back -up batteries, and generators are already in place at City Hall and the EOC, as well as floor space for racks to house the new equipment. New buss bars for grounding the equipment ma y be needed.

Core Ring
To connect all the C ity facilities with diversity that is budgetarily responsible , the core should be built in a ring fashion. Ring architecture means that the main fiber path is built in a circular fashion , with paths being able to be routed in either direction on the network. This ring will allow for shorter outages resulting in a more robust and stable network. When partnering with a third party and providing services to businesses, it is essential and expected that main cabinet and facilities have alternate paths.

As well as the existing fiber , there is new underground construction, and upgrading existing signal interconnect conduit. It is assumed that a ll facilities will require a new drop to provide the fiber inside the building to the access switch. Because all computers, cell phones, tablets, wi- fi routers, etc., can only communicate using digital signals that are electrical, not light, access switch es are required to provide the conversion from light to d igital signals for delivery through the facility. Ethernet cords, consisting of twisted pair cables that use 8 total wires, 2 twisted together for total of 4 pairs , will also be required. Twisted pair copper cable are capable of data transfer rates up to 10 Gbps for distances shorter than 1000 feet .

In addition to the construction efforts, the City should undertake documentation of existing fiber connections and available stran ds, followed by engineering to properly create cir cuits based on those findings. Future use may require higher bandwidth s and depending on the inventory of available fiber strands, dense wave division multiplexing (DWMD ) technology may be needed. DWDM saves networks short on fiber availability by using 1 fibe r and splitting the light used on that fiber into different wavelengths , thus gaining exponentially more bandwidth with little fiber used. Th e DWDM can be placed in indoor environments as well as outdoor cabinets with power, battery backup, and if possible, backup generator s. At this time , this technology is not needed and is not a part of the costing model but is a potential solution that could be used if existing fiber capacity is found to be insufficient during the detailed design process.

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6.2 CONSTRUCTION STANDARDS AND ASSUMPTIONS
Magellan’s costing estimations are based on many years of experience of telecom construction, over 15 years of construction in the San Francisco Bay area and many other locations around the US. The standards have been compiled based on this experience and meet the standards set out in California’s General Order 128 (GO 128) and General Order 95 (GO 95) .
9 All methods, standards, codes , and exceptions provided below should be adhered to for underground deployment.

Sign al Interconnect
Fremont has approximately 131, 377 feet of conduit that currently h ouses copper cables that connect many of the City’s traffic signals . This conduit is a valuable asset that should be leveraged to lower the cost and effort of deploying the C ity’ s network.

The construction of signal interconnect conduits is different from the construction needs of fiber -optic cable. Fiber -optic cables have a static bend radius that has to be maintained; if fiber strands are bent too much , the light can escape the protective coating or the fibers can crack and break , thus making the fibers unable to carry light.

To maintain the radius needs, any 90 -degree elbows in the conduit must be changed to long swe eps and the handholes /vaults must be replaced with new ones that are at least 30” deep. Additionally, the copper cables must be pulled out a nd the fiber pulled in its place.

The design a ssumptions include placement of new pull box es/handhole s/vault s every 600 feet. It is also assumed that a ny signal interconnect conduit that has a cable in it is usable for fiber after the upgrades to the elbows and handholes are completed . It is assumed that all traffic control cabinets are connected to the signal interconnect conduit system and will not require more connection requirements.

New Underground Construction
Although fiber can be deployed either aerially or underground, the network design calls for only underground deployment. Aerial fiber in the B ay Area has a 25 -40% failure rate , depending on the area , and many vertical assets will not accommodate more strand and cable . Additionally, aerial infrastructure is vulnerable to hazards such as squirrels , car accidents, and vandalism.

9 GO128 is a standard based on the National Electrical Code (NEC), the nationally accepted power infrastructure placement standard, and modified to fit some of California’s PUC orders pertaining to all power and communication underground construction and maintenance. GO 95 is the standard for aerial construction and maintenance.

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The recommendation for new underground construction is to use directional drilling (boring) in the public right- of-way (ROW) , using two 2” high -density polyethylene (HDPE ), with a minimum of 36” cover , placing handholes every major intersectio n.

Microtrenching is an optional underground construction method and may be suitable in a few situations; however, the affordable depth is only 12” in the street where the gutter meets the asphalt. Commonly when there is an emergency, first responding dig cr ews equipped with backhoes, jackhammers, and concrete saws are unable to properly locate the shallow cables and end up cutting through the fiber cables.

Number 6 tracer wire should be installed on a ll conduits , including those that are empty .

In cases wh ere there is more than one conduit placed in an open trench or bore line (a conduit “bank”), only one conduit in a “bank” needs to be located.

Detailed low -level e ngineering will need to be done to determine correct side of street, cable sizing, running l ines, and as -built documentation to accurately record plant for future use . The c urrent design show s side of street of existing structures when know n; however, for the new construction the most convenient side of the street is used and may need to be changed during the engineering and construction process. The location of water, gas, sewer, and storm drains are difficult to navigate and make the low-level engineering process critical f or proper network buildout.

Existing Fiber Assets
There are four different existing fiber assets referred to in this study including fiber owned by the City’s IT Department, fiber owned by Public Works /Transportation, funded CIP projects placing new fiber including the Fremont Blvd traffic signal modernization project, and existing fiber owned by other government agencies where Fremont has rights of use though existing agreements.

The ring will bring all these different fiber cables together to create a unified network .

The cables are assumed to be in different conduit structures and handholes and some new construction will be needed to tie these cables together. Engineering wil l have to be done to determine locations for new construction, pull ing cable through existing conduits, combining separate cables into one splice case , or putting cable stubs in between .

Documentation of City -owned existing assets is critical for the success of using existing fiber as a part of th e core ring. As of the writing of this Plan, it is unclear what the strand availability is , therefore, we assume that there is 50% strand availability. N o documentation of the existing cir cuits or fiber strand used exists and this must be explored and do cumented before any engineering can take place. Once the fiber is documented the entire ring can be engineered , constructed, and put into use.

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Fremont’s use of f iber owned by other government agencies requires agreements to be exercised and coordina ted with those agencies . Th is includes:
 Caltrans has an agreement for the City of Fremont to use 4 Strands of fiber along the 880 Hwy with access points at all the offramps in Fremont.  SV IT S fiber, coordinated by the city of San Jose ’s IT Depar tment . Magellan Advisors engaged with them during this project, and they are aware of and looking forward to working with Fremont to use the fibers to obtain access in to a datacenter in San Jose for internet access .
 BART fiber that the City of Fremont can gain access for use to get to Digital Reality data center in Oakland. The agreement with BART would need to be put in to place with a minimal cost to Fremont for City use.

6.3 COSTING ESTIMATION
Magellan’s c osting estimations are base d on the same experience and knowledge of local construction companies , standard pricing, and including prevailing wage on all labor as is required by California State Law.

Figure 6-1. Cost Summary by Phase
Construction Cost Equipment Cost Buildings Totals Phase 1 $ 7,388,362.42 $ 2,549,047.58 $900,000.00 $10,837,410.00 Phase 2 $ 11,928,386.95 $ 849,682.53 $ - $12,778,069.48 Phase 3 $ 2,480,150.03 $ - $ - $ 2,480,150.03 Totals $ 21,796,899.40 $ 3,398,730.10 $900,000.00 $26,095,629.50

GRAND TOTAL $ 26,095,629.50

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7. Governance, Ownership, and Management
Strategy & Policy
The City of Fremont is evaluating expansion of its fiber optic network to form broadband infrastructure which will connect municipal buildings and facilities, enhance quality of place in Fremont, and support economic development. This expansion would create a more ubiquitous and contiguous fiber network by using City -owned fiber and conduit and adding new infrast ructure throughout the City through infrastructure build out or leasing fiber from other parties . The expanded fiber optic network would provide additional lateral connections (“last mile”) to fire stations , libraries , and other C ity facilities which is the crucial connection between “last mile” facilities that connect a residential or business premise to a switch – and the internet backbone (long haul facilities). The City’s fiber -optic network including middle -mile facilities wo uld be used for multiple purposes including:
 Provision of services to City departments including fire stations  Provide connections for schools
 Support middle mile connectivity for lease by third parties and provide a resource for economic development in s upport of future business needs.

7.1 BUSINESS MODEL AND GOVERNANCE
Selecting the right broadband business model for the City of Fremont is highly dependent on several factors that will suggest the most appropriate option for the City .

The work undertaken t o develop this Fiber Master Plan provides an understanding of community needs, knowledge of the competitive market factors that suggest what infrastructure options would fit well within the community, and assessment of organizational and operational capabilities of the City’s government. Equally important is an understanding of the financial commitments and risk and reward that the City’s participating agencies and institutions would be willing to support to fund and sustain a successful broadband initiative.

The commonly implemented business models fall on a continuum that ranges from low risk, low investment options to higher risk, high investment options. The figure below

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illustrates this continuum. Moving along t he continuum of business model options involves increasing degrees of risk and reward: risks in terms of financial, operational, and regulatory risk; rewards in terms of community benefits, revenue generation, and over potential for profit. Moving “up” the continuum generally requires increasing levels of investment and implies greater local government participation in the delivery of broadband services. Public policy and infrastructure -only options are considered “passive” business models, where the govern ment does not operate a broadband network as compared to “active” models such as Government Services Providers, Open Access Providers, and Retail Provider Options, where the government operates a broadband network. Public -private partnerships are not class ified as a specific business model but instead fall along the continuum because these partnerships take many forms. Local governments must determine which business models meet their organization’s risk/reward tolerance to achieve the community’s broadband goals. 10 Figure 7 -1. Continuum of Municipal Broadband Business Models

Discussions with stakeholders including the City’s various agencies suggest that a mid- point public -private partnership business model would fit best for the City of Fremont – providing needed broadband connectivity for City agencies as well as making available fiber optic transport capacity even at peak levels to support economic development opportunities. The City will benefit from rationalizing its various fiber optic and conduit assets, which are currently separate and non -contiguous facilities, into a fiber optic network planned to support connectivity across the City.

10 See Appendix B for further discussion of the continuum of Municipal Broadband Business Models.

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A P3 agreement in which City assets are leveraged to encourage investment in additional infrastructure by the public sector is recommended. Private internet service providers should be encouraged to use City- owned fiber and conduit assets , as well as to make investments in planned assets in order to extend broadband services throughout the City. Such an arr angement allows Fremont to use its fiber and conduit to meet the needs of the community but minimizes the City’s capital and operational expenses.

Public sector connectivity needs met under this business model include fiber optic connections for City facil ities including fire stations , libraries and other City buildings, support for the City’s sophisticated approach to traffic management, camera systems and license plate readers, Smart City and Internet of Things applications, as well as building diversity and redundancy into the City’s network in the event of fiber cuts or natural disasters.

Broadband capacity on the City’s fiber optic network can also be provided to partners and other users under this business model . Fremont has a substantial base of advanced manufacturing and smaller high- tech companies as well as innovation districts and tech parks. The City is well positioned to provide fiber optic capacity on a non -discriminatory basis to support economic development initiatives and activity for i nterested telecommunications partners.

Criteria for partnership evaluation
There are several guidelines that the City should consider when evaluating opportunities for partnerships with telecommunications providers. Generally, as discussed above, Fremont should seek provider partners who will actively participate in community and economic development as well as work with the City to achieve its network vision.

Non-Exclusivity: The City should not enter into any exclusive agreements. Non- exclusivity allow s for a more competitive environment in which the City can partner with multiple entities to get the most benefit from use of assets.

Cost Savings for City Operations: Proposals that include connecting City facilities to reduce telecommunications expenditu res could be highly advantageous. Many partners in similar agreements have been willing to connect City facilities at no cost, sometimes even handing over ownership of assets such as fiber strands. Such arrangements should be strongly considered.

Benefit t o the Community: Ultimately, partnerships with the private sector are strongest when they provide as many benefits as possible to the community. Providers may be willing to provide no - or low -cost services to areas in need, small businesses, or public spac es such as libraries that benefit students with no broadband at home. Support for

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Smart City applications may also be offered. Community benefits such as these should be weighed heavily during the evaluation process.

New investment and infrastructure: Wher e possible, the City should give preference to providers who are deploying new infrastructure that follows newly adopted guidelines and follows the City’s new standards for wired and wireless infrastructure. The two simple reasons are that (a) this represe nts new investment rather than milking legacy infrastructure to avoid additional costs and (b) new infrastructure will be better aligned with public interests, higher -capacity, and more reliable.

Construction Methods and Timelines: Some partners may propos e quick, minimally invasive construction methods to speed deployment and lower costs. Magellan strongly recommends that Public Works take part in discussions about the specifics of these construction methods and that timeframes for deployment are specifica lly stipulated in contracts to ensure that City streets are properly restored, and that the community is not inconvenienced by drawn out construction.

Revenue Sharing: As stated earlier in this report, partners may offer revenue sharing for the use of City assets. The percentage will vary depending on the terms of the agreement; Magellan has seen anywhere from 5% to 60% in favor of the City. In any case, as with all proposals, revenue sharing estimates should be heavily vetted including assumptions for take rates and ramp periods and should be evaluated against fair market rates for the use of City assets.

7.2 CALIFORNIA BROADBAND POLICY
Magellan Advisors has analyzed state and federal broadband policies to identify potential policy barriers to the City’s expansion of its broadband infrastructure facilities.
11 State of California broadband policy is very supportive of the City’s potential extension of its broadband infrastructure . There are no significant policy barriers to municipal provision of broadband services – wired or wireless. Governor Newsom’s Executive Order on broadband policy explicitly directs state agencies to seek to bridge the “Digital Divide”, which includes direction to support local government broadband deployments

12. 11 The following discussion does not constitute a legal opinion and should not be construed as such.

Questions about interpretation or applicability of these or other provisions of federal or California law should be referred to legal counsel.
12 The Executive Order directed the California Broadband Council to create a new State Broadband Action Plan, which contains numerous provisions supporting local governments in t heir efforts to bring faster,

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Califor nia broadband policy removes barriers to provision of middle -mile facilities by Fremont. Just recently signed into law, Senate Bill 156 contains provisions which fund and allow middle -mile facilities to be provided by municipal authorities. California broadband policy is actively engaged in seeking to eliminate the digital divide, in part by promoting the construction of middle -mile networking. National policy is in harmony with this direction as evidenced by provision of funding through the American Rec overy Plan Act for California’s middle -mile networking.

As directed by SB 156, state agencies including t he California Public Utility Commission and California Department of Technology are taking necessary steps to construct the statewide middle -mile network including routes through and adjacent to Fremont. The City should engage in this middle -mile network planning to seek cost efficiencies and opportunities. The CPUC Staff -proposed middle -mile network map is available online. 13 The proposed network s egments running through Fremont and in the adjacent area are shown here:

Figure 7 -2. California Middle Mile Network

Furthermore, t he Broadband Loan Loss Reserve Fund authorized by SB 156 will support necessary borrowing by the City to construct middle -mile facilities although the fund is

cheaper, better broadband service to their residents. See, Broadband Action Plan 2020: California Broadband for All, at https://www.gov.ca.gov/2020/08/14/38666/ 13 https://www.arcgis.com/home/webmap/viewer.html?webmap=e17e4e1c88b04792ab0a2c50aa1a19a3&ex tent= -126.1445,34.5234, -113.5981,41.1113

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not yet operational (SB 156 was just recently signed into law) and the CPUC has not yet developed the required rules and regulations.

Additional legislation relevant to broadband was enacted into law in October 2021:
• Senate Bill 378 (the “Broadband Deployment Acceleration Best Practices Act”) requires local agencies to allow, except as provided, micro -trenching for the installation of underground fiber if the installation in the micro -trench is limited to fiber. It als o requires, to the extent necessary, a local agency with jurisdiction to approve excavations to adopt or amend existing policies, ordinances, codes, or construction rules to allow for micro- trenching. SB 378 defines “Micro -trench” as a narrow open excavat ion trench that is less than or equal to 4 inches in width and not less than 12 inches in depth and not more than 26 inches in depth and that is created for the purpose of installing a subsurface pipe or conduit. • Assembly Bill 41 requires the Department o f Transportation, as part of those projects that are funded by a specified item of the Budget Act of 2021 and that are located in priority areas, to use the project planning phase to ensure that construction projects include the installation of conduits ca pable of supporting fiber optic communication cables. It also requires the CPUC, in collaboration with other relevant state agencies and stakeholders, to maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the state.
• Senate Bill 28 repeals certain annual reporting requirements pertaining to broadband and video franchise holders and instead requires the CPUC to collect granular data on the actual locations served by franchise holders (but without disclosure of personally identifying information), adopt customer service requirements for franchise holders, and adjudicate any customer complaints. • Senate Bill 4 and Assembly Bill 14 pertain to the CASF authorizing an increased surcharge and requiring reporting on remaining unserved areas in the state among several items.

7.3 STATE AND FEDERAL REGULATORY POLICY
Regulatory jurisdiction over telecommunications services traditionally has been divided between the federal and state authorities – primarily the Federal Communications Commission and (in this case) the California Public Utilities Commission (CPUC). 14 The

14 In one specific area – radio frequency (RF) emissions – the Federal Communications Commission (FCC) has been assigned complete regulatory jurisdiction, under the 1996 Telecommunications Act which preempted local regulation of RF safety s tandards in favor of a uniform national RF safety standard under FCC jurisdiction . See , 47 U.S.C. § 332(c)(7).

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FCC has from time to time preempted or attempted to preempt state and local regulatory jurisdiction over wireline and wireless telec ommunications. At present there is some agreement on regulation of broadband services – wireless or wireline services are not price or entry- regulated by the CPUC or the Federal Communications Commission. The FCC’s brief period of classifying broadband internet services as a telecommunications service regulated under Title II of the Communications Act – “Net Neutrality” regulations – was reversed by the FCC in early 2018. 15 FCC preemption of state and local regulation has been more prevalent in the wire less sector (especially in recent years). Under federal law, local authorities are allowed to regulate the “placement, construction, and modification” of wireless communications facilities but subject to certain limitations .16 These limitations and requirements on local regulatory authority include:
• Local regulations may not “prohibit or have the effect of prohibiting the provision of personal wireless services” 17;
• Local regulations may not “unreasonably discriminate among providers of functionally equiv alent services” 18;
• A local authority’s denial of an application to place, construct, or modify a personal wireless facility must be based on “substantial evidence contained in a written record” 19; and,
• Local regulations may not “regulate the placement, construction, and modification of persona l wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions.”
20 In 2014 the FCC adopted rules to implement the “S pectrum Act” 21 which preempted state and local authority over certain aspects of processing and approving modifications to existing towers and base stations used for 3G and 4G wireless service, including application of 60 -day “shot clocks” for review and a pproval of modification applications.

15 In the Matter of Restoring Internet Freedom, WC Docket No. 17 -108, FCC 17 -166, Declaratory Ruling, Report and Order, and Order; Released Janua ry 4, 2018. 16 47 U.S.C. § 332(c)(7)(A).
17 47 U.S.C. § 332(c)(7)(B)(i)(I).
18 47 U.S.C. § 332(c)(7)(B)(i)(II).
19 47 U.S.C. § 332(c)(7)(B)(iii).
20 47 U.S.C. § 332(c)(7)(B)(iv).
21 See Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112 -96, 126 Stat. 156, § 6409(a) (2012) (Spectrum Act), codified at 47 U.S.C. § 1455(a).

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More recently, the FCC adopted its “Small Cell Order” in September 2018 22 which sought to limit and preempt local authority over placement of 5G “ small cell” facilities. The Small Cell Order broadly interpreted the “effective prohibition” provisions of the Telecommunications Act Sections 253(a) and 332(c)(7) to find that a state or local government need only “materially inhibit” placement of “small wireless f acilities” to have an effect of prohibiting the provision of wireless service. The Small Cell Order has many provisions – the most discussed of which are limitations on fees and rates a local jurisdiction may charge for small cell placements (e.g., $270 per year cap on attachment fees) and preemption of local authority over aesthetic requirements for small cell installations. Numerous parties appealed the Small Cell Order and the Ninth Circuit Court of Appeals opinion
23 largely upheld the FCC’s decision o n issues including limitations on fees and rates but reversed the FCC’s attempted preemption of local authority over aesthetics.

7.4 REVIEW OF CITY WIRELESS POLICIES
Magellan Advisors reviewed the City’s policies and practices on “small cell” wireless facilities placement and found them to be aligned with good practices . The City’s policies and practices are supported by the Ninth Circuit Court of Appeals decision which allow s local authorities to maintain local control over aesthetic requirements for small cell antenna siting and placement. The City has adjusted its regulations and practices to account for 5G deployments by adopting City Design Guidelines for wireless facilities in the public right -of-way and adopting a form of Master License Agreement (MLA) for the non- exclusive installation of small cell facilities on City streetlight poles in the public right of way. U se of MLAs for small cell attachments to City -owned inf rastructure is now a common approach for cities to manag e small cell attachments . Use of City Design Guidelines for 5G Small Cell facilities is also good practice which avoids embedding specific technology terms, guidelines, and procedures in the City cod e where it would be burdensome to amend to keep up with changing technology. Instead , the wireless facility design standards and guidelines are contained in the Citywide Design Guidelines document which provides more flexib ility over time in how the City administers aesthetic

22 Declaratory Ruling and Third Report and Order; In the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; WT Docket No. 17 -79; In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers to infrastructure Investment; WC Docket No. 17 -84; Released by the Federal Communications Commission, September 27, 2018. (“Small Cell Order” or “Order”.) See Appendix E, State and Federal Regulatory Jurisdictions, for further discussion.
23 City o f Portland v. United States, 969 F.3d 1020, 1049 -1053 (9 th Cir., 2020).

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considerations in wireless facilities placement while adapt ing to rapid change in technology.

The City does not however have a “dig once” policy. The “Dig Once” policy is good practice and serves to achie ve many goals including cost effective expansion of broadband services in the City, preservation of the public investment in streets, sidewalks and other infrastructure in the public right- of-way, minimizing traffic congestion and safety issues from repeat ed excavations, providing infrastructure for City operations, and other goals.

South San Francisco is an example of a nearby city which has implemented a “Dig Once” policy designed to coordinate the installation of telecommunications facilities for certa in projects meeting specified conditions in the “Open Trench Notification and Telecommunications Infrastructure Improvements” ordinance. The open trench notification process is triggered by:
• either an encroachment permit application for work in the publi c right- of-way or approval of specifications for a Public Works project which will result in an excavation that could reasonably include installation of broadband conduit, and, • spans 900 feet/three city blocks or more or involves terrain that is difficult/expensive to traverse or is an element of a larger project for utility infrastructure.

Notifications are sent to telecommunications service providers and the City’s IT Department each of whom has the opportunity to indicate interest in collocating facil ities.

The City could consider implementing a “Dig Once” policy similar to South San Francisco for the public benefits including encouragement of efficient, cost -effective broadband deployment, minimization of traffic and other disruption and public inconvenience from excavations and disturbances of the public right- of-way, and preservation and protection of public investments in streets and sidewalks.

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8. Business Model & Financial Analysis

8.1 BUSINESS MODEL
As previously discussed, based on th e input of City staff, Fremont’s current operational capacity, and the cost to build and operate the network, Magellan Advisors recommends that the City pursue a public -private partnership business model in which a qualified partner uses City -owned assets to serve customers. This flexible model allows for the City to make investments to improve broadband in Fremont without the need to become a full retail internet service provider . A public -private partnership should be established in which an experienced internet service provider uses publicly -owned infrastructure to expand service to Fremont’s business community in exchange for a share of the revenue generated, which should be sufficient to cover the City’s capital investment in the infrastructure.

The pre vious section provides some overarching guidance for selecting a partner and the City has already released a request for proposals (RFP) to assess partnership opportunities for the network. Public -private partnership arrangements are quite flexible and can take a variety of shapes ; generally, some inputs to the business terms of agreements include:
• Capital contribution: The amount of capital to be provided by the City and how much will be provided by the partner will play a large role in the ownership of the assets as well as any revenue sharing agreements.
• Ownership of assets: This should be directly correlated to the amount of capital that each party contributes to the assets.
• Maintenance and operational roles: Maintenance costs and ongoing operational expenses including marketing, repairs, and other critical tasks will likely be handled by an experienced partner in return for a share of the revenue. • Revenue share: Magellan has seen wide -ranging variation in revenue sharing agreements , anywhere from five to sixty percent of revenues in favor of the public agency . This is a key piece of contract negotiations with a partner and should ensure that the City can recuperate capital expenditures and that the partner’s operational costs are considered. In Fremont’s case, we estimate that a reasonable revenue share will be around 30%/70% in favor of the partner.

8.2 FINANCIAL ANALYSIS
Magellan Advisors used our Broadband Financial Sustainability Model to analyze the business and financial sustainability of the proposed broadband program . Cost and

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coverage estimates for the financial analysis come from the network design. The purpose of this analysis is to lay out the cost components and potential revenue streams and show how they interrelate. Many key factors including rates for tiered services, revenue sharing details, as well as equipment, labor, and materials are variable . It is neces sary, therefore, to make assumptions to cover general factors. Estimates should be updated as new information becomes available regarding the assumptions.

Assumptions:

The basic assumptions are that the network would be deployed per the high- level design, in a phased approach. We assume that the design engineering and permitting will be completed in 2022 -2023, following by buildout for Phase 1 in 2023- 2024. Phases 2 and 3 are assumed to occur in 2024 -2025. Because the Traffic Signal Modernization project in Phase 2 will be funded separately through the City’s Traffic Engineering group, we do not include the capital costs for that phase in the overall costs to be bonded.

The borrowing scenario includes an interest rate of 1%, which ass umes that the City would make use of the Broadband Loan Loss Reserve Fund recently established by the State of California’s Treasury to fund costs of financing the deployment of the first phase of the network deployment . It is early in the process and the California Public Utilities Commission (CPUC) has not yet developed the regulations that will be associated with the Loan Loss Reserve Fund, so we recommend that Fremont track the development of program rules.
24 8.3 CAPITAL COSTS
The capital costs for the network backbone is broken out by phase, below . We also include estimates for network equipment, as well as building improvements to house appropriate equipment. These costs can vary greatly; f or the purpose of this analysis, we generally assume “worst ca se scenario” for capital costs to provide conservative estimates.

Backbone Construction Costs
The estimated total costs to build the entire backbone, including two underground 2 - inch conduits, hand holes or junction boxes, and one 288- strand fiber cable ar e $21.8M, as shown in the table below . Labor is almost 75% of the costs. Materials, including 288- strand fiber cable, is about 7 %. Design and engineering are less than 2%. Thirty two percent of costs are in Phase 1 , 52% in Phase 2, and 11% in Phase 3. The estimated

24 Full text of Senate Bill 156, which established the Broadband Loan Loss Reserve, can be found at:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB156

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average cost to build the backbone is $ 70.28/foot or $ 371,019 per mile. We also provide a 10% contingency.

Table 8-1. Estimated Backbone Constructions Costs for Two 2 -inch Conduits and One 288 -strand Fiber Cable
Design, Permitting, and PE Stamps $ 342,313 Phase 1 $ 7,060,836
P1 Signal Interconnect $ 2,753,939
P1 Underground Laterals $ 4,306,897
Phase 2 $ 11,398,564
BB - P2 Signal Interconnect $ 3,716,094
BB - P2 New Underground $ 7,682,471
Phase 3 $ 2,374,186
BB - P3 New Underground $ 2,374,186
Construction Management/Inspections $ 621,000 $ 21,796,899

Facility and Equipment Costs
In addition to backbone construction costs, the City of Fremont should budget approximately $ 900k for building improvements to house equipment . The costs cover retrofitting facilities as needed, which may includ e adding secondary entrance s directly into the equipment room , backup power, environmental controls, and other required modifications . We assume that the capital costs of these upgrades will occur between 2023 -2024 and 2024- 2025, with the City spending approximately $450k in each year.

The model also assumes that capital costs will be required for additional equipment and services, including:
• Edge routers, Distributed Denial of Service (DDoS) threat mitigation • Multi -Protocol Label Switching (MPL S)/Ethernet service core • Access switches
• Switches, Firewalls, Servers
• Element managers, monitoring, out -of-band system
• DHCP, DNS, authentication
• Critical spares and unplanned needs
We estimate capital expenses for these equipment additions and upgrades to be approximately $3,398,730, assuming a 10 -year equipment lifespan.

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Table 8 -2. Additional Capital Expenses
Network Equipment, Systems, Overall Project Management 2 Edge and Core Routers, Gateways $ 944,739
Optical Line Terminals $ 1,208,869
Network Management System $ 234,000
Pro Services for Equipment Install and Configuration $ 484,622 Project Turnkey Management $ 526,500
$ 3,398,730
Buildings
PoP's $ 900,000
$ 900,000
Total $ 4,298,730
Drop Construction Costs
Sites will require physical connections to the backbone. We estimate the cost of a 500 - foot drop would be about $ 1,781 to add to the backbone using 12 or 6 -strand cables, from optical splitters in network hubs, which can be relatively small (less than 24” a side) boxes, to an external termination box at the customer premises. However, we anticipate that the costs of these drops will be covered by Fremont’s selected partner and therefore do not include them in the City’s capital costs. This should be a key p oint to discuss and negotiate with the selected partner.

8.4 OPERATING COSTS
A key characteristic of the public -private partnership business model is relatively low overhead and operating costs for the City. Payroll can account for 90% or more of on- going costs for a broadband enterprise. Equipment licenses, maintenance, refresh, and upgrades create recurring costs and large periodic costs. Management and marketing also require ongoing expenses . Partnering w ith an experienced telecommunications provider will allow the City to rely upon a third party for all of these costs and services, although it will require the City to share any revenue in exchange for this arrangement.

Because the City of Fremont will not directly operate the network, no full -time employees are required, but the financial model does include one staff member at half - time to oversee the program and the agreement with the selected partner. The salary for this half -time staff member starts at $72,100 in 2023- 2024 , with an annual increase of 3%. Additional operating costs include considerations for network & headend maintenance, outside plan maintenance, facilities maintenance, and utilities , totaling approximately $ 3.2 million over the 20 -year life of the pro -forma.

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8.5 CUSTOMER SEGMENTATION AND GROWTH
The overall purpose of the Fremont citywide broadband network is to make municipal operations and other aspects of the local economy more flexible, productive, and resilient. It can also generate revenue for the City and provide additional broadband options for the business community.

Through the public -private partnership that will be established as a result of the currently ongoing RFP process, the City’s infrastructure should be used to offer s ervices to businesses along the fiber routes. Execution of a strategic marketing plan by the selected partner will be a critical determinant of the revenues ; this should be a key consideration as the City decides on which prospective partner to select. For the purposes of revenue projections, we estimate the network would be able to sell lit services to 30% of businesses within 500 feet of the backbone. While we presume that some types of business will value connectivity more highly than others, we do not have enough information for more detailed analysis. For example, businesses with multiple locations that need to be connected and centrally served or managed will find lit services more valuable than single -location businesses that use minimal online ser vices.

Based on these assumptions and the estimated time to build out the network in phases, we estimate that the network will see its first business customers in Year 3 of the program, with a total of 387 subscribers signing up that year. This number cont inues to increase up to Year 6, when the number of customers levels off to a total of 1,320 subscribers, as shown in the figure below.

Figure 8-1. Cumulative Business Customers by Year

-
200
400
600
800
1,000
1,200
1,400
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Total Busienss Customers
Year
Cumulative Business Customers by Year

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8.6 PROPOSED RATE SCHEDULE
Based on our analysis of the Fremont marke t and business rates obtained by providers for Fremon t, we feel the rates displayed in the table below are reasonable and competitive for speeds of 500 M bps or 1Gb. Internet services can be priced many different ways , and the City’s partner may offer other tiers of service offerings to fit the needs of businesses in Fremont . Two offerings are provided for each speed tier : one is a dedicated service with guaranteed speeds while the other, lower priced option is a best- effort scenario in which actual performance may vary.

Table 8-3. Service Tiers and Take Rates
Market
Share
Service
Offering
Price 30%
Revenue
Share
30% 500x500
Mbps
Best
Effort
$150/month $45/month
30% 500x500
Mbps
Dedicated
$800/month
$240/month
10% 1Gb x
1GB Best
Effort
$250/month $75/month
30% 1Gb x
1Gb
Dedicated
$1040/month
$312/month

For the purposes of our analysis, we assume that approximately 60% of business customers will take the 500 Mbps speed tier , split evenly between the dedicated and best- effort offerings. An additional 30% of business subscribers are estimated to take a dedicated 1Gb offering, while the remaining 10% take a best effort 1Gb rate.

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8.7 FINANCIAL PERFORMANCE
Based on these inputs and taking into consideration the revenue share in which the City would get 30% of revenues , we estimate gradually increasing revenues that level off at approximately $ 2,955,744 per year, as shown in the figure below.

Figure 8-2. Annual Revenues

Over th is 20 -year period, the City can expect approximately $49 million in revenue .

Operating expenses, remaining reserves, and debt service for the same time period are displayed in the table below.

Table 8-4. 20 Year Operating Overview
20 Year Operating Recap

Revenue $ 49,191,528
Op-Ex $ 3,268,783
Remaining Reserves (Operating, Capital Renewal/Replacement) $ 5,435,996

Debt Service $ 27,518,091
Ending 20-Year Cash $ 17,530,549

Our Broadband Sustainability Model shows that the program would break even in Year 3, with an end -of-year cumulative cashflow of $ 17,530,549 at the end of the 20 -year -
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Revenues ($)
Year
City Revenues (30% Revenue Share)

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period, assuming $600,000 of working capital ($100k in year 2 and $500k in year 3) as shown in the figure below.

Figure 8-3. Cumulative Cash Flow Over 20 Years

-
1,584 31,952
294,132
822,631
1,712,041
2,653,513
3,591,190
4,524,972
5,454,758
6,380,444
7,301,923
8,803,831
10,047,470
11,286,561
12,520,984
13,750,618
14,984,648
16,260,188
17,530,549
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Year
Cumulative End of Year Cash Flow

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9. Phased Implementation Plan
The phased implementation approach of the network build out is key to its success.

Utilizing near term projects and existing fiber agreements will help minimize capital expenditures while providing for the immediate needs of the network. The m ilestones identified below are incremental, obtainable goals that are used as benchmark s by which to realistically judge the success of the network build out. Progress on t hese milestones should be regularly documented and used as a road map for directing the next steps to keep the project moving forward .

9.1 PLANNING PHASE : MONTHS 0 - 6
During the planning phase, the City shoul d prepare for the buildout by selecting a partner, managing internal resources to oversee the program, and arranging for funding.
 Milestone 1 . Partner Selection: The City has already released an RFP to solicit proposals from parties interested in partnering with Fremont for the deployment and use of these assets. Fremont should review the submitted proposals at the end of the submittal window to select the most appropriate partner and begin negotiations including determining capital contributions, revenue share, and services offered to the City.
 Milestone 2. Allocate Internal Resources: While the P3 arrangement will not require the City to add any new staff for operating the network, we recommend that Fremont allocate a 0.5 FTE Network Engineer to oversee t he program . This individual will be responsible for overseeing network implementation, management, ISP and partnership services.
 Milestone 3. Arrange Funding: Fremont should identify funding sources for the program, which may include capital contributions from the City’s private sector partner as well as grant and loan opportunities from state and federal resources.

Options for grant and loan programs include:
o Coronavirus Capital Projects Fund
o California Advanced Services Fund
o RAISE Transportation Fund
o California Loan Loss Reserve Program
Grant and loan opportunities will require the City to provide key details about the project to demonstrate that it is shovel ready; many of these details are provided within this Plan and the City sh ould leverage this document to prepare applications. Submitting applications for funding under these programs will

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require letters of support from major employers, senators, assemblymembers, economic development councils, internet service providers, busine ss improvement districts, business chambers and community anchor institutions. The City should begin planning for these efforts early as they require considerable time to collect and compile.

9.2 PHASE 1: MONTHS 1 - 1 2
The Phase 1 core network build will be the building block for future network expansions by building a ring through Fremont connecting City facilities, fire stations, and Fremont- owned diverse internet connections.
 Milestones 1 -4: The initial steps in P hase 1 are creating agreements to use the existing fiber infrastructure with Caltrans, SV -ITS, BART and Public Works to use strands of existing fiber to begin the building o f the core network.  Milestone 1. Agreement with Caltrans: Caltrans has an existing agreement with the C ity of Fremont for the use of (4) strands of fiber on Hwy 880 requiring coordination and allocations of those strands from Caltrans.  Milestone 2. Agreement with SV -ITS: Fremont has an existing agreement with SV ITS that is being managed by the City of San Jose IT Department. After the i nitial contr act was signed , SV-ITS is waiting for Fremont to contact them to arrange for the connection and use of those fibers.
 Milestone 3. Agreement with BART: Bay Area Rapid Transit (BART) is a government owned and op erated rail system in the bay area. BART has placed fiber cables along all of their rail lines. They lease out the fiber to public and private companies. BART offers fiber to municipalities at low cost if the fiber is used solely for government purposes. Fremont should negotiate pricing and enter into an agreement with BART for leasing fibers to connect to the Digital Realty Data Center in Oakland. This will provide wholesale internet bandwidth to the City network.

 Milestone 4. Agreement with Public Work s: Public Works fibe r include s a project on Fremont Boulevard upgrading traffic signals and installing new 96 count fiber cable . Public Works and IT should agree upon governance, rights of use, documentation, and coordination for the use of Public Works and IT fiber .
 Milestone 5 . Document f iber stand availability and allocation : Engineering of the network requires knowing what fiber strands are available, who controls the allocations and use, and determining the equipment needed for services delivered through the network. . This will determine the size of future cables what will be

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required to support all the services and connections on the network and provide available strands for lea sing and partnership agreements .  Milestone 6. Conduit Proofing: Proofing the signal interconnect conduit will be critical in the overall design and engineering that is needed for completing construction of the network . Proofing should include an assessment of the conduit’s readiness for having fiber pulled and any needed additions or remediation.
 Milestone 7 . Low-level engineering for the core network : Connections need to be made with the different owners and some construction will be needed. Lo w-level engineering uses the information from the fiber strand availability and signal interconnect proofing data to create the permittable plans and all construction documents to complete the core network.
 Milestone 8. Construction of the core network : The low -level engineering produces design and construction bid documents that will enable the City to procure a construction company to physically build the core network , connect all the fibers, and make the fibers ready for use through testing a nd documentation.

The core network should be leveraged to find a partner to run, maintain, and serv e the network .

9. 3 PHASE 2 MONTHS 1 3 – 24
Phase 2 focuses on the Traffic Signal Modernization initiative and completes the connection of the traffic signa ls to one main traffic control center. The fiber constructed in this phase will also be used for other needs like providing business services to enhance economic development, developing a wi -fi network through a public -private partnership, and redundancy of the network constructed in Phase I .  Milestone 1 . Traffic Signal Connections : Document existing traffic s ignal connections and priorit ize the order of connecting the traffic signals on the network .
 Milestone 2 . Conduit Proofing : Proof signal interconnect conduit s needed for this phase to ensure fiber readiness . It is recommended that this proofing be done at the same time as the proofing for Phase 1 (Milestone 6) for efficiency and savings , but this can also be done in later stages , either in part or in full .  Milestone 3 . Low-level Engineering : The information from Milestones 1 and 2 should be used to develop low -level design engineering for the upgrad e of the signal conduit and the construction to be completed. Design e ngineering should include future plans for use of the network by incorporating economic development and partnership needs .

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 Milestone 4 . Prioritized Construction : The low -level engineering produces design and construction bid documents that will allow the City to procure a construction company to build connections to the traffic signals outlined in Milestone 1 in a prioritized manner.

9. 4 PHASE 3 MONTHS 13 – 24
Phase 3 is the final phase that finishes the creat ion of redundant rings to minimize any outages by creating alternate circuit paths. This phase can be engineered and constructed separately or at the same time as P hase s 1 or 2.  Milestone 1 . Determine weak spots in network connectivity : The gaps in the network need to be ide ntified to create full redundancy for site s deemed to be critical. Critical sites are those sites that must maintain connection to the network and internet for communication during emergencies and supporting the higher end services provided to business es by a partner.
 Milestone 2 . Low-level engineering the segments needed : After the gaps are identified, low -level engineering needs to create permittable plans for the construction efforts to move forward. The engineering must include future plans , partne rships, and support all city initiatives .
 Milestone 3 . Construction, splicing, testing : Low -level engineering will provide the information needed to complete Phase 3. The construction of Phase 3 will complete construction as outlined by this Fiber Master Plan .

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Appendix A: Full List of Interview Groups for Needs
Assessment

INTERVIEWEES
City of Fremont
• Kim Beranek, Deputy Direct or, Community Services
• Geneva Bosques, Director of Communications and Legislative Affairs • Chris Burgardt, Fire Department
• Arquimides Caldera, Assistant Director , Human Services • Johanna Canaday, Police Department
• Jeff Edwards , Maintenance Services, Public Work s
• Andrew Freeman, Business Manager , Community Services • Amanda Gallo , Management Analyst, City Manager’s Office • Eric Hu , Traffic Engineering , Public Work s
• Pat Kendrick , Maintenance Services, Public Work s
• Kelly King , Maintenance Services, Public Work s
• Dilip Kishnani, Private Development Engineering , Public Works • Hans Larsen, Director , Public Work s
• Donovan Lazaro , Economic Development Manager
• Wayland Li , Community Development
• Frans Van Der Meer, Construction, Public Works
• Daniel Miller , Traffic Engineering , Public Work s
• Clifford Nguyen, Community Development
• Joel Pullen , Community Development
• Candice Rankin , Management Analyst, City Manager’s Office • Michael Sa, Recreation Super visor, Community Services • Dan Schoenholz , Community Development
• Karena Shackelford , Assistant City Manager
• Suzanne Shenfil, Director , Human Servic es
• Michelle Silva -Salinas, Maintenance Services, Public Works • Michael Tegner, Police Department
• Jason Valdes, Police Department
• Victoria Walker , Traffic Engineering , Public Work s • Sean Washington, Police Department
• Suzanne Wolf, Director , Community Services

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Alameda County Transit
• Ahsan Baig, CIO
• Mike Carvalho, Infrastructure
• Leonard P. Crockett
• Ramakrishna Pochiraju, Director Planning and Engineering, AC Transit • Robert Del Rosario , AC Transit
• Wil Buller, Traffic Engineer , AC Transit
Fremont Unified School District
• Lucus Bogle , Chief Technology Officer
Alameda County Water District
• Ariz Naqvi
• Cathy Nelson
City of Newark
• Soren Fajeau

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Appendix B: Broadband Friendly Policy Resources
Broadband -friendly policies serve the public by:

1. Filling broadband gaps in availability or affordability,

2. Enabling services that are financially sustainable, and

3. Promoting economic development and job creation.

Local governments can accelerate broadband deployment by:
• Streamlining and facilitating acces s to local government owned facilities and properties to include franchising/licensing and use of rights of way, utility pole attachments (lease and rules for adding wires and equipment), zoning (rules for facilities placement, esp. wireless antennas), per mitting application process and permit fees based on actual costs.
• Maximizing available assets on public lands and rights of way, particularly conduit and/or fiber installation as part of capital improvement programs to occur simultaneously with utility re locations, road widening, water and sewer installs and lighting projects supported by joint trenching and “dig once” policies.
• Implementing industry specific regulations to include master franchise agreements, broadband development standards incorporated i n land development code.
• Facilitating construction with building permits, land development codes, engineering standards).
• Coordinated planning to include mapping and asset management to maximize use and reduce duplication.

Most of these activities do not require additional funding but do require a change in approach which will ensure equitable treatment of all network service providers, including broadband and cellular services. Well-developed policies and guidelines should also serve to preserve public safety and welfare and minimize the overall impact on community aesthetics.

Policies that treat telecommunications the same as any other utility in the rights -of-way subject only to review by engineers, may provide the most expedient avenue for rapid deploy ment without compromising the needs of the community.

Generally, Magellan Advisors recommends “lightweight” policies that facilitate development while balancing it with social costs and ensuring costs are fully and equitably imputed to service providers. Policies should be consistent across adjacent jurisdictions and should be structured such that broader level policies can be adapted and tailored to smaller scale jurisdictions: County policies should provide elements,

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foundation, or a framework for city, town, and village policies. The overall goals are efficiency and flexibility along with a balance between consistency and control.

A.1 HOLISTIC POLICY APPROACHES
Some local governments have taken a holistic approach to facilitating broadband deployment and enhancing telecommunications access. This involves reviewing and amending existing policies, as well as adopting new policies based on changes in technology and community needs. A holistic approach also has standardized agreements and leases and engineering specifications for implementing those policies.

Examples
Mono County, CA developed a plan to increase accessibility, reliability and expansion including construction of infrastructure, collocations and access.

Santa Cruz, CA
, developed a comprehensive Broadband Master Plan to address the major policy considerations for maximizing broadband availability. The master plan included a dig once policy, master lease agreement, encroachment permit process, and specifications for condui t, hand holds, fiber huts, and other related equipment.

Geographic Information Systems data requirements in the master plan enable the city to map current and proposed broadband assets and paths, and to plan accordingly.

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A.2 FOCUSED BROADBAND POLICIES
As opposed to taking a broad -brush approach and implementing a master program or plan, other cities have focused on addressing specific policies to minimize obstacles and promote telecommunications access. For each community, the policies implemented were b ased upon a review of assets, review of existing policies and the specific needs of the community. The primary policy focus areas include both wireless and wired telecommunication infrastructure with a specific focus on maximizing deployment of these asset s, to include:
• Wireless tower regulations (siting and collocation)
• Small cell/distributed antenna systems (DAS) access to rights -of-way • Wired access to rights of way includes open trench, shadow conduit, dig once, and joint trenching
• Permitting and building codes
• Construction, engineering, and conduit building specifications A.3 WIRELESS COMMUNICATION (TOWER SITING AND ANTENNA

COLLOCATION)
Many local jurisdictions adopted local telecommunication policies commensurate with the 1996 Telecommunications Act to regulate tower location, tower height, and tower design including color, lighting, and screening of base facilities. Antenna collocation is required where possible to reduce costs and time by maximizing the use of existing infrastructure.

Collocation is defined by the FCC as “the mounting or installation of an antenna on an existing tower, building, or structure for transmitting and/or receiving radio frequency signals for communications purposes.” Collocation enhances community aesthetics by reducing t he number of vertical structures needed for broadband deployment.

The FCC released additional guidelines and regulations in the October 2014 Acceleration of Broadband Deployment Order, which includes final rules implementing Section 6409(a) of the Middle -Class Tax Relief and Job Creation Act of 2012. Section 6409(a) of the Middle -Class Tax Relief and Job Creation Act of 2012 restricts local land use review of modifications and collocations by establishing the “substantial change test” and reduces the proce ssing shot clock from 90 days to 60 days. Distributed antenna systems (DAS) and small cells may also require compliance with these same processes.

Whether a local government is reviewing existing or developing new telecommunication policies to ensure compl iance with federal and/or state regulatory changes, local governments should consider:

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• Adopting policies that have uniform rules and limitations regarding tower siting to prevent unnecessary delays in approval, high leasing fees, and other red tape associa ted with new wireless tower infrastructure.
• Including requirements to collocate, if possible, rather than construct a new tower.

Examples :

Several local government organizations have developed model wireless communication ordinances.

The North Carolina L eague of Municipalities (NCLM) https://www.nclm.org/SiteCollection Documents/Resource/WirelessTelecomModelOrdinanceOct13.pdf The Municipal Research and Services Center (MRSC) references a model ordinance created by the Kenyon Disend PLLC law firm in Issaquah and have made it available for other local governments to use. http://mrsc.org/getmedia/57ba09ad -aae9 -4b3c -a2b6 - 923db84020fc/m58efm.aspx
The National League of Cities and the National Association of Counties (NLC and NACO) worked together with providers and local government to develop a series of resources, online at http://www.naco.org/sites/default/files/Model -Ord -NACo.pdf, including:

1. A model ordinance and application fo r reviewing eligible facilities requests under Section 6409(a)

2. Wireless siting best practices

3. A checklist that local government officials can use to help streamline the review process
In addition, the following cities are included as they updated existing ordinances to reflect both statutory changes and technology innovations.

Clark County, NV , land use strategy documents regarding communication towers and antennas list situations in which no permit is needed (e.g., an antenna is not visible), an administrative review is available (e.g., location on public property), or exclusive use review is required. With easily accessible documents, the County helps telecommunications carriers avoid public hearings which serves as a major incentive for the providers.

Cumberland County, PA , provides an updated model wireless ordinance to address not only the regulatory changes but the changes associated with modern technology such as distributed antenna systems (DAS).

Other examples:
• Centennial, CO

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• Ouray Co, CA
• Princeto n, Iowa
Small Cell / DAS Collocation and Use of Rights -of-Way
The concepts applicable to antenna collocation on towers may also be considered for the latest small cell technology which can be attached to utility poles, streetlights and other structures in the public rights -of-way. The FCC’s National Broadband Plan concluded that, “the rates, terms, and conditions for access to rights -of-way (including pole attachments) significantly impact broadband deployment.” As with collocation on towers, attaching com munications facilities to existing poles, ducts, conduit and other structures lowers costs of infrastructure deployment; ensures efficient use of existing infrastructure and limits impact of multiple structures in the rights -of-way.

Many states are now ad opting legislation related to small cell (5G) deployment to regulate the rates, terms, and conditions of use/ lease of poles, ducts, and conduits that are owned by a "utility provider.” Local government policies must comply with the state regulations in which the local government resides while protecting the interests and the aesthetics of their community.

The League of Minnesota Cities provides an excellent review with samples of model ordinances and policies addressing DAS/small cell deployment. This doc ument is can be found at
https://www.lmc.org/resources/cell -towers -small -cell- technology- and - distributed- antenna -systems/ along with the following referenced cities and respective documents including master leases.

Examples:
• Boston, MA
• Minneapolis, MN
• San Antonio, Texas
• San Francisco, California
• Santa Monica, CA
• Texas City Attorney Association

WIRED (CONDUIT & FIBER) RIGHTS - OF - WAY EXCAVATIONS
Sixty to eighty percent of wired broadband deployment costs are associated with excavating/opening a trench usually in the rights -of-way and/or in burying conduit.

Coordination with all interested parties, including telecommunications, for street cuts and excavations, sidewalk and trail improvements, water and sewer, and street lighting projects not only minimizes disruption and damag e associated with trenching, but reduces associated costs.

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According to the National Broadband Plan (https://transition.fcc.gov/national - broadband -plan/national -broadband- plan.pdf) “the cost of running a strand of fiber through an existing conduit is thre e to four times cheaper than constructing a new aerial build.”
A review of the literature reveals the use of several different terms aimed at managing the rights -of-way more efficiently and effectively, including open trench, shadow conduit, and dig once policies. The overall goals of these policies and procedures is to reduce the number of street excavations and associated costs and ensure equal access to all providers who use the rights -of-way to provide services which meet the needs of the public.

Terminology
Open Trench refers to the digging or excavation of a ‘ditch’ in the right- of-way for any purpose, including but not limited to deploying fiber. These policies focus on the dimensions, location, safety, signage, etc., for open trenches. “Dig Once” p olicies minimize excavation and damage to rights -of-way through coordination efforts involving ALL users of the rights of way including telecommunications when construction is planned which will create an “open trench.” Joint Building or Joint Trenching requires right- of-way users ( e.g., telecommunications providers) to utilize a common or joint trench with other utilities (i.e. sewer, water, gas, electric) where a (re)developer or utility company provides a trench for undergrounding of utilities.

Shadow Conduit is used to refer to the installation of empty and/or spare conduit by a public agency when excavations occur in the public right -of-way, with agency costs limited to incremental costs. Some cities also require the installation of fiber when a trenc h is open for any reason.

Local governments should consider policies and implement practices that encourage:
• Coordinating construction activities in the rights -of-way to minimize disruption thus maximizing public safety and reducing overall costs associa ted with multiple repeated excavation projects.
• Placing conduit and/or fiber -optic cable when a trench is open for whatever reason in the rights -of-way.
• Establishing clear engineering and construction specifications.

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Examples
The following examples are representative of best practices and models for managing the rights -of-way to maximize its use and facilitate broadband expansion in the community.

Berkeley, CA modified its existing code and drafted best practices policies to maximize the use of the Rights of way equitably by all providers, coordinating construction to reduce inconvenience to the public, improve safety and reduce costs.

In 1994, Boston, MA was one of the first cities to put forth a policy that mandated all telecommunications carriers to install underground conduits “in the same trench, at the same time on a shared -cost basis.” The policy dictates the establishment of a “lead company” which is any company that approaches the local government first with a build - out request, thus taking the lead in construction coordination. “the lead company and participating telecoms work together to draft the engineering plans, estimate construction costs, and submit the build -out application for review and approval. This approach has worked well in Boston to minimize street excavation and expedite the broadband deployment process.”
Gonzales, CA developed a very simple one- page policy to address rights of way excavation and expansion of broadband.

In Mount Vernon, WA , conduit placement requirements were a dded to the city’s code helping to build its open access telecommunications network. Per the city ordinance:

12.20.015 Construction standards for the regulation of use of public rights - of-way and public property.

All developments shall be required to construct and install telecommunications conduit on all streets that are affected, disturbed, constructed and/or improved by development unless otherwise approved, pending a review by the city engineer. This conduit shall be for installing telecommunicatio ns cable, fiber- optic wiring, or other infrastructure as necessary.

This conduit shall be placed at horizontal and vertical locations as determined by the city engineer. The conduit shall conform to the size, shape, and characteristics as determined by the city engineer based on industry standards. Once installed and accepted by the city, the conduit shall become the property of Mount Vernon.

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Development as defined in this section shall mean the construction of improvements such as buildings, homes, subdiv isions, streets, and utilities. (Ord. 2927, 1999).

San Francisco, CA established a “Communication Infrastructure in Excavation Projects” guide to ensure, when feasible, fiber and conduit were included in construction projects and multiple excavations were minimized.

Sandy, OR , passed an ordinance requiring all new development to install underground fiber along with other utilities. Developers are now required to put conduit all the way into a home and to deed that conduit to the city. The code change was a n expansion of existing policy adding “broadband (fiber)” to the list of public facilities. Underground communication lines join a list of other required improvements that are to be installed in new developments at no expense to the city. The city also dev eloped a public -private fiber -to-the -premises (FTTP) project.

San Benito, CA , implemented a "dig once" policy as part of its “Complete Streets” policy by including provision for a full range of infrastructure main line and distribution, above and below gr ound, as appropriate, in initial roadway design and construction and in reconstruction projects involving more than surface pavement treatment.

San Francisco, CA , developed a dig once ordinance that modifies the City’s Public Works Code provisions governing all utility excavation. Only plans that include the installation of communications facilities (e.g., conduit) may be approved for permit. All excavators are required to place conduit that can be leased. Specifications for the shadow conduit is required to be placed in a joint trench above the excavator’s conduit. The City is mapping communications assets as they are installed.

Santa Cruz County, CA adopted a “dig once” ordinance as part of a broad approach to adopt policies to encourage the development of broadband.

JOINT TRENCH AND JOINT BUILD AGREEMENTS
Agreements for joint trenching/building may be developed with other telecommunications, cable or utility providers. Cost for placement of conduit or fiber may be shared amongst all entities , allowing each to take advantage of the other’s trenching. Standardization of these agreements across all potential owners of underground infrastructure can be established to ensure all parties are aware of the joint trenching opportunities as they become available.

Examples:
• Collier County, Florida

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• Des Moines, Iowa
• Santa Cruz
• Magellan Joint Build Agreement Template
Permitting and Building Codes
Expedited permitting codes that streamline approvals and eliminate red tape for approval of cable and antenna installation of cable or antennas in rights -of-ways or public structure will speed up the process of expanding telecommunications access in a community. Many localities have simplified the permitting efforts by placing broadband infrastructure projects solely in the Public Works department via encroachment permit processes. Additionally, local governments have reviewed permitting fees to cover costs and reduced overall expenses associated with permitting fees. Finally, local governments have added connecti vity requirements to building codes, ensuring that new constructions are equipped with broadband access.

The Virginia Association of Counties (VACO) adopted a Virginia Tech study recommendation for review and update of permitting policies to facilitate br oadband delivery. Specifically, VACO recommended issuing an overall project permit as opposed to requiring weekly or daily permits.

The State of Washington published a best -practices guide for local government permitting to streamline approval of infrastr ucture projects, including broadband.

Clark County, NV land use strategy documents regarding communication towers and antennas list situations in which no permit is needed (e.g., an antenna is not visible).

With easily accessible documents, the county help s telecommunications carriers avoid public hearings, which serves as a major incentive for the providers.

Missoula, MT , city council members voted to reduce its fees by more than 75% for permits associated with excavation and placing communication conduit and fiber in rights -of- way.

The following guides are provided herein as models for best practices for permitting that can be implemented to enhance broadband deployment.

Other Examples:
• State of Massachusetts Best Practices Guide to Permitting • State of Washington Best Practices Guide to Permitting

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CONDUIT AND FIBER STANDARDS FOR NEW HOME CONSTRUCTION
Building codes that set standards and require conduit and/or fiber during development have been essential parts of expanding broadband, particularly in unde rserved and rural areas. The following cities exemplify best practices for this approach.

Brentwood, CA , passed an advanced technology systems ordinance in 1999, requiring developers to include conduit and fiber in newly built homes. In 2014, the city rea ched an agreement with Sonic.net to use the conduit as the basis for a fiber to the home (FTTH) system.

Loma Linda, CA , added language to city building codes, requiring all new commercial and residential developments (or re -models involving greater than 5 0% of the structure) to equip new structures with fiber and copper cabling. Per the city ordinance:

In recognition of the need to provide local residents and businesses within the community with additional options to meet their telecommunications needs, as adopted by City council resolution, all new development projects within the City, regardless of whether such new development falls within the fiber -optic master plan area, and additions that exceed more than fifty percent of the original structure that fa ll within the fiber- optic master plan area, will be required to participate in, and will be bound by, the connected community program and all conditions and requirements contained therein. Further, any conditions or requirements of the connected community program may be required as a condition of approval of any such new development or addition exceeding fifty percent of the original structure. (Ord. 629 § 1, 2004)

In Jerome, ID , all new subdivisions are now required to install fiber -conduit. According to the town’s subdivision regulations:

Fiber Optical Conduit: All developers will be required to pay for and install two-inch (2”) SDR11 smooth wall Inner -duct fiber optical conduit, which is orange in color, with pull rope, PG style service boxes, forty -seve n inches (47”) high by forty -eight inch (48”) open bottom and PG style heavy duty cover with support beam. The placement and construction of the fiber optical conduit shall be done in accordance with the Jerome standards and at the discretion of the City e ngineer. (Ord. 994 §2, 2006).

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ENGINEERING/CONSTRUCTION SPECIFICATIONS
Engineering standards and specifications identify and define requirements and policies for designing and installing telecommunications infrastructure and substruc ture at all facilities including conduit placement, type and installation. C onduit ‐specification documents address capacity, separation of facilities, proper sizing and placement, access to the conduit with detailed provisions for vaults and all access points. Cost sharing or cost recovery stipulations can be put in place for materials and labor assignment.

Engineering specifications outline drawings that address conduit sweeps, bend radius and physical placement requirements can be provided with the standa rd conduit specification.

The following sample guides are included, which may be helpful for guidance on telecommunications infrastructure and specifications.

Examples:
• Boston Excavation Specifications
• Brentwood CA Engineering Procedures
• University of Nort h Carolina Communications Infrastructure Guidelines • University of Toronto Communications Infrastructure Guidelines Microtrenching
Micro -trenching is included as a subcategory of engineering specifications as it is construction method being pursued by some cities to minimize impact and damage to roads and sidewalks. Micro -trenching is defined as “a low -impact deployment methodology in which fiber and conduit are inserted into a slot -cut trench less than ¾ inch wide and between 9 -12 inches deep – without dama ging or disrupting existing infrastructure.

The benefits of microtrenching are that it is less disruptive than other broadband expansion methods, offers faster deployment speeds, and has significant cost -savings. Cities which have implemented the technique s include:

Jackson, WY sees a large influx of tourists each year, adding to its 9,800 residents, making reliable broadband a crucial component to economic development for the town. After securing grants from the National Telecommunications and Information Administration (NTIA) a nd Broadband Technology Opportunities Program (BTOP), a local provider

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launched the Teton Broadband Project to upgrade the fiber network of Jackson. As a popular tourist destination, minimal disruption to the environment was important to keep the integrity of the surrounding land. As a result, the project opted to use a provider for fiber installation that employed multiple techniques – directional drilling, conventional trenching, and microtrenching. The microtrenching technology use was planned for the ar eas within the Jackson City limits to least disrupt residents and businesses, providing a valuable solution for Jackson’s issue of expanding broadband in an efficient and minimally invasive fashion.

Loma Linda, CA , installed fiber city -wide using microtrenching technologies. The city used pushable fiber cable and micro ducts in combination with microtrenching to significantly reduce costs associated with deployment of fiber network.

New York City has revised its ru les to add a chapter authorizing and regulating the use of microtrenching and launched a pilot program with Verizon to test microtrenching as an efficient alternative to conventional measures. Based on the pilot project, New York has determined that microt renching is less disruptive to pedestrian and vehicular traffic and to the structural integrity of the streets saving the City both money and time.

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3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4648) DOC ID: 4648
Updated: 7/12/2022 11:39 AM by Rafael Alvarado Page 1
MAYOR MEI REFERRAL: Designation of League of California Cities Annual Conference Voting Delegate
Contact Persons:

Name: Lily Mei
Title: Mayor
Div/Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

MAYOR MEI REFERRAL: Designation of League of California Cities Annual Conference Voting Delegate and Alternate.

Consistent with the League bylaws, a City’s voting delegate must be designated by the City Council. The City Council may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. The League’s bylaws now require that designating the voting delegate and alternates must be done by City Council action and cannot be accomplished by individual action of the mayor or city manager alone.

The League’s 2022 Annual Conference is scheduled for September 7-9, 2022, and an important part of the Annual Conference is the Annual Business Meeting, scheduled for Friday, September 9. At this meeting, the League membership considers and takes action on resolutions that establish League policy. To remain consistent with League bylaws, I am recommending appointing Vice Mayor Salwan as the City’s voting delegate and Councilmember Jones as the voting alternate.

RECOMMENDATION: By motion, appoint Vice Mayor Salwan as the City’s voting delegate for the League of California Cities Annual Conference and Councilmember Jones as the voting alternate.

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Fremont City Council Meeting: 07/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Manager's Office
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4663) DOC ID: 4663
Updated: 7/14/2022 6:29 PM by Susan Gauthier Page 1
RESPONSE TO COUNCILMEMBER KASSAN REFERRAL – Regarding Input from Commissions for Major Road Projects
Contact Persons:

Name: Amanda Gallo Hans Larsen
Title: Management Analyst II Public Works Director
Div/Dept: City Manager's Office Public Works
Phone: 510-284-4016 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to provide background information, context and options for Council to consider regarding having the Mobility Commission and Senior Commission provide input into major transportation road projects.

BACKGROUND: On April 19, 2022, the City Council discussed and approved a referral from Councilmember Kassan directing staff to consider “engaging the Mobility Commission and Senior Commission in providing input into major transportation roadway projects and providing the Council with straw poll results and meeting minutes of Commission inputs on such projects.”

The stated context for the referral followed recent Council action items related to the roadway design for Fremont Boulevard in the Centerville area (on February 8, 2022 Council agenda) and for Paseo Padre Parkway from Driscoll to Washington (on April 19, 2022 Council agenda). While each of these projects involved a direct community outreach process -- including meetings, community input surveys, and a project webpage -- interest had been expressed by some City Commissioners for having direct input from the Mobility Commission and Senior Commission on these projects.

DISCUSSION/ANALYSIS:

Role of Commissions in Fremont
The City of Fremont hosts 15 advisory bodies, pursuant to the Fremont Municipal Code, and have the capacity to advise and identify issues before the Council makes final decisions.

Advisory body members are appointed by the Mayor, subject to the approval of a majority of the Council. Most members serve four-year terms of office with compliance requirements of meeting attendance. Advisory body members serve without pay except for Planning Commissioners.

With the exception of the Planning Commission in Fremont, the purpose of commissions has been to work with City staff liaisons to develop and create agenda items in their respective topic areas to host public commission meetings which follow Brown Act requirements.

Commissioners often receive reports from staff, comments from the public or respective organizations, and develop recommendations that are approved by their voting majority.

This has also included providing formal recommendations to the City Council regarding upcoming projects or Council agenda topics when it applies to functions of the respective commission outlined in Fremont’s Municipal Code. However, these recommendations are

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currently made at the discretion of the respective commissions and not required for any particular topics or issues.

Commission Practices in Other Jurisdictions
Staff conducted research on the organization structure and agendas in other jurisdictions that have commissions focused on the topics of transportation and seniors. Surveyed cities included San Jose, Oakland, Union City and Newark. The City of Fremont is unique in having a Council appointed Mobility or Transportation Commission, that includes community residents representing various travel modes.

Most cities have a committee that is advisory to staff specifically related to bicycle and pedestrian issues. Such Bicycle and Pedestrian Advisory Committees (BPACs) for jurisdictions in the Bay Area have been required by the Metropolitan Transportation Commission (MTC) in order to be eligible for specific grant funding for pedestrian and bicycle facilities. It is noted that Oakland’s BPAC is a Council-appointed Commission. It is further noted that Fremont’s Mobility Commission fulfils MTC’s requirement for having a BPAC since the Mobility Commission includes designated representatives for people who walk and bicycle.

In reviewing recent agendas for both the BPAC and Senior Commissions from the surveyed cities, the role appears to be focused on being an advisory “sounding board” for staff on relevant topics and they are not involved with taking policy actions. In several instances regarding Oakland’s BPAC, information was provided on how Commissioners can participate in the public input process and City Council meetings, and other public meetings, which is similar to how Fremont operates.

Overall, Fremont’s current practices regarding the role of Commissions appears to be typical among other cities. Having Commissions take on a more active role in addressing major policy issues or controversial projects would be considered precedent setting. The one exception is the role of Planning Commissions, which have authority under the State Government Code to hold public hearings and make decisions regarding land use and permits.

Fremont Roadway Projects

The roadways in Fremont are undergoing a transition from what was historically designed around providing for efficient vehicular movement. Today, urban streets are designed to provide equitable mobility for all users so that people have a safe and viable option to walk, bicycle, travel in a wheelchair, drive, and use transit, generally referred to as “complete streets”. This design practice for complete streets is now a part of transportation design standards, policies, and funding programs at all levels of government (local, county, regional, state, and national).

For Fremont, the transition to complete streets has been thoroughly incorporated into the City’s policies and plans which include the following, all of which were adopted by the City Council, except as noted:

• General Plan
• Complete Streets Policy
• Pedestrian Master Plan

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• Bicycle Master Plan
• Vision Zero Policy and Action Plan
• Safe Routes to School Plans (a total of 40 individual school plans; not approved by Council)
• Mobility Action Plan
• Climate Action Plan
• Downtown Community Plan and Design Guidelines
• Warm Springs Community Plan
• Irvington BART Station Area Plan

The subject of the Council referral addresses City Commission participation for “major transportation road projects” that are considered conversions to “complete streets”. As a point of clarification, provided below is a distinction between different types of projects, how they are implemented, and the current level of Commission coordination.

• Projects Implementing New Complete Street Design Standards – Any new construction or reconstruction of City streets is generally done to comply with complete street design standards. This includes projects built through private development, lane adjustments installed with pavement maintenance work, and safety upgrades to intersections. It is noted that as a current standard practice, high speed right-turn lanes (slip lanes) at intersections are systematically being eliminated as they are considered a hazard for people walking, bicycling, and in wheelchairs, and particular for pedestrians with visual impairments. For projects which are considered “basic” upgrades to conform with adopted street design standards, there is no specific coordination with the Mobility Commission.

• Improvements Identified in a Citywide Transportation Plan – The City has various Citywide transportation plans that do identify design treatments and priority projects for “complete street” implementation. Examples include the City’s Pedestrian Master Plan, Bicycle Master Plan, Vision Zero traffic safety plan, and Citywide Trails Strategy. Since the formation of the Mobility Commission, these Citywide Transportation Plans are closely coordinated with the Mobility Commission, and the Commission has taken a formal vote to recommend approval to Council. The development of these plans includes a community outreach program. It is noted that the recently adopted Citywide Trails Strategy was coordinated and approved together with the Recreation Commission, since trails can serve both as corridors for recreation and transportation.

For transportation improvement projects that align with an adopted plan, there is typically not any action taken by the Mobility Commission, although staff provides regular informational updates on projects of interest to the Commission. Approval of projects that align with already adopted City plans is done by the City Council when a project is added to the City’s Capital Improvement Program (or when grant funds are received), and when the project is awarded for construction. An example of a recent project that was part of an adopted transportation plan is the Walnut Avenue Protected Bikeway (Mission to Paseo Padre) which links high density housing, the Fremont BART station, and Downtown Fremont.

• Major Transportation Road Projects - Staff’s definition of a “major transportation road project” includes a roadway corridor of considerable length, that has a variety of design issues/options, and a diverse set community of interests (such as from local residents,

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commuters, and businesses). These projects may involve the consideration of removing traffic lanes, commonly referred to as a “road diet”, along with a variety of other design features that include facilities for walking, bicycling, school access, and parking. Recent examples include the Centerville/Fremont Blvd and the Paseo Padre Parkway (Driscoll to Washington) projects. For such “major” projects, staff conducts a specific outreach program for the project to receive community input. Staff has kept the Mobility Commission informed of these outreach opportunities and has invited Commissioners to participate directly at the community meetings, input opportunities, and subsequent Council meetings, based on their interest and time availability.

Context on Future Major Transportation Road Projects

The recent Council items for major roadway projects on Fremont Boulevard (Centerville) and Paseo Padre Parkway (Driscoll to Washington) are considered to be unique. There are not any other major transportation road projects currently planned for Council action that involve road diets or are viewed as controversial. Some major active projects include:
complete street modifications to Fremont Boulevard and Walnut Avenue in the Downtown area; interchange modernizations at 680/Mission and 880/Decoto; and upgrades to State Route 262.

Options for Council Consideration

Staff suggests that the City Council consider among the following options with regards to gaining input from the Mobility Commission and Senior Commission on major transportation road projects.

1. Continue to have Mobility Commission members participate as interested individuals during project outreach opportunities and City Council agenda items. (Status quo option).

2. Have the Mobility Commission provide an advisory action to Council (straw poll) and have staff document comments from Commissioners.

3. Have the Mobility Commission and Senior Commission provide an advisory action to Council (straw poll) and have staff document comments from Commissioners.

4. Have staff provide notification to the Senior Commission on actions related to major transportation road projects and invite their participation at community input opportunities and at a Mobility Commission meeting where an advisory action is being taken. Comments from any participating Commissioner would be documented in a subsequent staff report to Council. (This option establishes the Mobility Commission as the lead commission for transportation issues, but facilitates input from the Senior Commission where there is interest)

5. When a future major transportation road project is identified, staff will coordinate with City Council to identify the desired level of Commission involvement.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: None.

ATTACHMENTS: None.

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RECOMMENDATION: Provide direction to staff regarding the options for consideration outlined in this report.

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Fremont City CouncilJuly 19, 2022

Fremont City Council
July 19, 2022