Fremont City Council
December 20, 2022

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Teresa Keng, Vice Mayor
Desrie Campbell, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5
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, Assistant to the City Manager
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Curtis Jacobson, Fire Chief
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development 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
December 20, 2022

General Order of Business

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

2. Consent Calendar

3. Ceremonial Items

4. Public Communications

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

6. Other Business

7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments

8. Adjournment

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 December 20, 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 - December 20, 2022

December 20, 2022 Fremont City Council Page 2
How to submit Public Communications / Public Comment by email prior to the meeting:

Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit during a public comment portion of the zoom meeting, submit the pdf formatted document(s) to the email above by the noted deadline. Use the “raise hand” feature to request to speak. When called upon by the Mayor, City staff can share the document(s) while you are speaking during the time allotted.

Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

How to provide Spoken Public Comment during the meeting:
1) By phone 833-430-0037 (toll free). Webinar ID: 825 7275 7440. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/82572757440
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.

December 20, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
December 20, 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-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)

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

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

1. APPROVAL OF MINUTES – for the Special and Regular Meetings of December 6, 2022 and the Regular Meeting of December 13, 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. MILITARY EQUIPMENT USE POLICY – Approve amendments to the Military Equipment Use Policy for the purchase of additional UAS and PepperBall VKS launchers and amendments clarifying the use of UAS in partnership with the Fire Department; making related findings
Contact Persons:

Name: Sean Washington Matthew Snelson
Title: Police Chief Police Captain
Dept: Police Department Police Department
Phone: 510-790-6969 510-790-6874
E-Mail: [email protected] [email protected]

December 20, 2022 Fremont City Council Page 4
RECOMMENDATIONS:

1. Approve the amendment to Exhibit 1 of the Military Use Policy expressly approving supportive UAS operations between the Fremont Police and Fire Departments, adding three drones, and adding eighteen PepperBall VKS launchers.

2. Authorize FPD to seek grant funding in the 2022/23 COPS grant fund 151 and to purchase the requested three UAS and find that it is necessary because: a) there are no reasonable alternatives that can achieve the same objective of officer and civilian safety, b) the attached Military Equipment Use Policy with amendments will safeguard the public's welfare, safety, civil rights, and civil liberties, and c) the UASs are reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

3. Authorize FPD to seek grant funding in the 2022/23 COPS grant fund 151 and to purchase the requested eighteen PepperBall VKS launchers and find that it is necessary because: a) there are no reasonable alternatives that can achieve the same objective of officer and civilian safety, b) the attached Military Equipment Use Policy with amendments will safeguard the public's welfare, safety, civil rights, and civil liberties, and c) the PepperBall VKS launchers are reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. CITY OF FREMONT AND FREMONT UNIFIED SCHOOL DISTRICT

PARTNERSHIP AGREEMENTS - AFTER SCHOOL EDUCATION AND SAFETY PROGRAM GRANT AND EXPANDED LEARNING OPPORTUNITIES PROGRAM – Authorize the City Manager or her designee to submit a 3-year cycle renewal grant application as co-applicant with the Fremont Unified School District for the After School Education and Safety (ASES) Program and execute Amendment No. 3 to Agreement No. 18-0217; authorize the City Manager or her designee to execute an additional agreement with the Fremont Unified School District for the Extended Learning Opportunity Program (ELO-P); and related appropriation actions
Contact Persons:

Name: Irene Jordahl Suzanne Wolf
Title: Recreation Superintendent II Community Services Director Dept: Community Services Community Services
Phone: 510-494-4322 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or her designee to submit a 3-year cycle renewal application as co-applicant with the Fremont Unified School District to collaboratively operate the State of California Department of Education for the After School Education and Safety (ASES) Program.

2. Approve and authorize the City Manager or her designee to execute Amendment No. 3 to the existing Agreement No. 18-0217 with the Fremont Unified School District for partnership and services related to the ASES Grant Program covering the next 3-year renewal cycle.

3. Approve and authorize the City Manager or her designee to enter into an Agreement with the Fremont Unified School District (FUSD) for the Extended Learning Opportunity Program (ELO-P).

4. Recognize an additional $257,536 of revenue in Recreation Cost Center (Fund 189) and appropriate it to pay for the expenses of the ELO-P.

December 20, 2022 Fremont City Council Page 5
E. FACILITIES MAINTENANCE AGREEMENT FOR FREMONT SKATE PARK MAINTENANCE AND SAFETY WORK - Authorize the City Manager or Designee to Execute the Facilities Maintenance Agreement with California SkateParks
Contact Persons:

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

RECOMMENDATION: Authorize City Manager or designee to execute an agreement with California SkateParks to perform maintenance and safety work at Fremont Skate Park through June 30, 2024, for a total not-to-exceed amount of $219,600.

F. ALAMEDA COUNTY HOUSING COMMUNITY SUPPORTS CONTRACTS - Authorize the City Manager to Execute Agreements to Provide Housing Transition Navigation and Housing Tenancy and Sustaining Services; Appropriation Actions.

Contact Persons:

Name: Laurie Flores Suzanne Shenfil
Title: Homeless Services Manager Director
Dept: Human Services Department Human Services Department Phone: 510-574-2040 510-574-2051
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or her designee to execute agreements with Alameda County including a capacity building agreement not to exceed $30,000, and a service agreement not to exceed $290,000.

2. Increase the revenue estimate in the Miscellaneous Operating Grants Fund (Fund 193) by $320,000 and appropriate the additional revenue for the purposes described in the staff report.

3. Make findings of CEQA exemption.

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

December 20, 2022 Fremont City Council Page 6

5. Scheduled Items
A. ADOPTION OF LIVE / WORK PREFERENCE POLICY - CITYWIDE - Public Hearing (Published Notice) To Consider the Planning Commission’s Recommendation to Adopt an Ordinance Amending The City’s Affordable Housing Ordinance (Chapter 18.155 of the Fremont Municipal Code) To Include A Live/ Work Preference Policy For City Regulated Affordable Housing Developments, And To Consider A Finding That No Further Environmental Review is Required Pursuant To The California Environmental Quality Act (CEQA), Per, Without Limitation, Each As A Separate And Independent Basis, CEQA Guidelines Sections 15378 and 15061.

Contact Persons:

Name: Lucia Hughes Dan Schoenholz
Title: Housing Manager Community Development Director
Dept: Housing Community Development
Phone: 510-494-4506 510-494-4438
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Hold public hearing.

2. Find that the amendments are 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 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment; and (2) CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the amendments will have the potential for causing a significant effect on the environment.

3. Find that the proposed amendments are consistent with the General Plan, including the Housing and Land Use Element policies discussed in the staff report.

4. Find that the proposed amendments further the public interest, convenience, and general welfare of the city by encouraging a more balanced jobs to housing ratio, thereby reducing the need for residents to travel outside of the city for work.

5. Waive full reading and introduce an ordinance amending the Affordable Housing Ordinance (Fremont Municipal Code Chapter 18.155).

6. Direct staff to prepare and the City Clerk to publish a summary of the proposed ordinance.

7. Direct the City Clerk to publish a notice of public hearing to consider adoption of the ordinance in accordance with Government Code Section 6066 and 50022.3.

6. Other Business - None.

December 20, 2022 Fremont City Council Page 7

7. Items Referred by Councilmembers
A. Councilmember Referrals

1. COUNCILMEMBER COX REFERRAL: Request for a Flag Raising Ceremony to Celebrate Black History Month in February 2023 and Beyond Contact Persons:

Name: Teresa Cox
Title: Councilmember
Dept: City Council
Phone: 510-284-4007
E-Mail: [email protected]

RECOMMENDATION: Direct staff to prepare for and conduct a Flag Raising Ceremony in honor of Black History Month starting in February 2023 and annually thereafter to show support and foster the common values and commitments that unite all people against all forms of racism, discrimination, harassment, hatred, violence directed at racial and ethnic minorities. Black History Month is a time to look to the future to improve society so that we live up to the ideals of freedom, equality, and justice.

B. Appointments to Boards, Commissions, Committees

1. MAYOR MEI REFERRAL: Appointments and Reappointments to Advisory Bodies
Contact Persons:

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

Appointments:

Advisory Body Appointee Term Expires

Environmental Sustainability Commission Steve Skala 12/31/2026 (At-Large Representative)

Planning Commission Shobana Ramamurthi 12/31/2026

Recreation Commission Narda Mamou 12/31/2026

Reappointments:

Advisory Body Appointee Term Expires

Art Review Board Christina Valdez Rodriguez 12/31/2026

Citizens Advisory Committee Beny Jain 12/31/2026
Arif Mohamed 12/31/2026
Alyssia Wong 12/31/2026

East Bay Regional Park District Larry Thompson 12/31/2026 Liaison Committee (Recreation Commission Primary Representative) December 20, 2022 Fremont City Council Page 8
Reappointments:

Advisory Body Appointee Term Expires

Economic Development Advisory Commission Jim Tietz 12/31/2026 (At Large Representative)

Economic Development Advisory Commission Kari Paige 12/31/2026 (Commercial/Industrial Representative)

Environmental Sustainability Commission Shreya Ramachandran 12/31/2026 (Student Representative)

George W. Patterson House Advisory Board Elissa Winters 12/31/2025 (Recreation Commission Representative)

George W. Patterson House Advisory Board Al Minard 12/31/2026 (Mission Peak Heritage Foundation Representative)

George W. Patterson House Advisory Board Patricia Lacy 12/31/2025 (Washington Township Historical Society Representative)

Human Relations Commission Anna Wang 12/31/2026

Library Advisory Commission Kathleen Lang 12/31/2026

Planning Commission Charles Haiyun Liu 12/31/2026

Senior Citizens Commission Linette Young 12/31/2026 Monique Chapman 12/31/2026

Youth Advisory Commission Justin Ho 12/31/2024
Meryl Mathew 12/31/2024

RECOMMENDATION: Approve appointments and reappointments.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
December 20, 2022 Fremont City Council 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

December 20, 2022 Fremont City Council Page 10

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 December 20, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 27, 2022 CANCELLED: CC/FUSD
Liaison Committee Meeting
January 3, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
January 10, 2023 7:00 p.m. City Council Meeting Council Chambers Live
January 17, 2023 7:00 p.m. City Council Meeting Council Chambers Live
January 24, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
Monday, February 6,
2023 5:30 p.m. CC/FUSD Joint Meeting Council
Chambers Live
February 7, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 14, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 21, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
March 7, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 14, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 21, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
April 4, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
April 11, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
April 18, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
April 25, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live

Fremont City Council Meeting: 12/20/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4782) DOC ID: 4782
Updated: 12/16/2022 11:43 AM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Special and Regular Meetings of December 6, 2022 and the Regular Meeting of December 13, 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 December 6, 2022 and the Regular Meeting of December 13, 2022.

ATTACHMENTS:
• Draft Minutes

RECOMMENDATION: Approve minutes.

2.B.1
Packet Pg. 11

MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
DECEMBER 6, 2022

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
6:15 P.M.

Call to Order: Mayor Mei called the meeti ng to order at 6:15 p.m.

Roll Call: Present: Mayor Mei, Vice Mayor Ke ng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox

Public Comment: None.

CONVENED TO A CLOSED SESSION at 6:17 p.m.

CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code 54957.6)

City Designated Representative: Lily Mei, Mayor; Tina Gallegos, Human Resources Director

Unrepresented Employee: City Manager

The Special Meeting of the Fremont City Council adjourned at 6:50 p.m.

Attest: Approved:

________________________________ ___________________________ Alberto Quintanilla, Assistant City Clerk LILY MEI, Mayor

2.B.1.a
Packet Pg. 12
Attachment: Draft Minutes (4782 : Approval of Minutes - 2022-12-06 - 2022-12-13)

*Consent Items

MINUTES

FREMONT CITY COUNCIL MEETING
DECEMBER 6, 2022

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the meeti ng to order at 7:05 p.m.

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

C. Roll Call: Present: Mayor Mei, Vice Mayor Ke ng, Councilmembers: Jones, Kassan, Shao, Salwan, 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 in Closed Session.

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 Keng Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None

* B. Approval of Minutes – None.

2.B.1.a
Packet Pg. 13
Attachment: Draft Minutes (4782 : Approval of Minutes - 2022-12-06 - 2022-12-13)

*Consent Items

* C. Mayor Mei opened consideration to Cons ider Adopting a Resolution to Dedicate 8.84 Acres at the Corner of Paseo Padre Parkway and Stevenson Boulevard as Parkland and to find that no further environmental review is required for the parkland dedication pursuant to CEQA Guidelines 15307, 15308, 15162, 15163, 15678(b) and 15601(b)(3)

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

1. Adopted Resolution No. 2022-60 dedicating 8.8 4 acres of land at Paseo Padre Parkway and Stevenson Boulevard as parkland and making CEQA findings.

2. Found that designation of the 8.84 acres of land at Paseo Padre Parkway and Stevenson Boulevard for park purposes is exempt from the requirements of CEQA per CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources), Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), Sections 15162 and 15163 (Actions analyzed under the General Plan EIR), and Sections 15378(b) and 15601(b)(3), as the dedication is an administrative activity.

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

* D. Mayor Mei opened consideration to Author ize City Manager or Designee to Execute an Agreement for Commercial Real Estate Consulting and Brokerage Services in the Amount Not to Exceed $30,300 Plus Brokerage Commission Not to Exceed $1,400,000

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

1. Authorized City Manager or designee to exec ute an agreement with DCG Strategies, Inc. to perform commercial real estate analysis and real estate brokerage services as necessary to purchase parkland for future development for the amount of $25,250, plus a 20% contingency of $5,050, for a total not-to-exceed amount of $30,300 and brokerage commission of 2.5% of the purchase price for potential parkland acquired, not to exceed an estimated $1,400,000.

2. Found that the award of the proposed agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The procurement of real estate brokerage services to evaluate and identify potential land purchases will clearly not have a significant effect on the environment and, thus, CEQA does not apply, and no further environmental review is necessary. Any future land purchase will be analyzed under CEQA separately from this contract.

2.B.1.a
Packet Pg. 14
Attachment: Draft Minutes (4782 : Approval of Minutes - 2022-12-06 - 2022-12-13)

*Consent Items

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

* E. Mayor Mei opened consideration to Author ize the City Manager or their designee to enter into a $230,500 Standard Service Agreement with the County of Alameda for the City to provide non-congregate shelter options for individuals and families experiencing homelessness; Approve related appropriation actions; and authorize the City Manager or designee to execute FY 2022/23 Standard Service Agreements with K B & Son, Inc. and C & L, LLC, for temporary use of hotel rooms as winter relief shelter utilizing the Alameda County grant and making findings of CEQA exemption.

On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council approved the
following actions related to the 2023 Citywide Pavement Crack Seal Project (PWC8195-V1):

1. Authorize the City Manager or designee to execute a FY 2022/23 Standard Service Agreement of $230,500 with the County of Alameda to support the Winter Relief program.

2. Increase the revenue estimate in the Mi scellaneous Operating Grants Fund (Fund 193) by $55,000 to reflect the service agreement with the County of Alameda and increase appropriations by $55,000 for the Winter Relief program.

3. Authorize the City Manager or design ee to execute FY 2022/23 Standard Service Agreements with K B & Son, Inc. and C & L, LLC, for temporary use of hotel rooms as winter relief shelter.

4. Find that the actions are exempt from revi ew under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15183 and/or 15061(b)(3).

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

3. CEREMONIAL ITEMS

A. Proclamation: World AIDS Day

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*Consent Items

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

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

The following person(s) commented: John Hinds and Kelly Abreu

5. SCHEDULED ITEMS

A. Mayor Mei opened consideration of Pub lic Hearing (Published Notice) to Consider Adoption of a Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program Prepared and Circulated for the I-880 Innovation Bridge and Trail Project (East Bay Greenway Reach 6) in Accordance with the Requirements of the California Environmental Quality Act (PWC8907)

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.

Public Works Director, Hans Larsen provided a presentation. Mayor Mei opened the public comment period. The following persons commented: William Yragui, Steve Skala and Kelly Abreu.

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

1. Hold the Public Hearing
.

2. Adopted Resolution No. 2022-61 making requir ed findings pursuant to the California Environmental Quality Act, and adopting the Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as shown in Exhibit “A” and Exhibit “B” to the staff report.

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

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B. Mayor Mei opened consideration of Public Hearing (Published Notice) to Consider the Development Impact Fee Annual Report for Fiscal Year 2021/22 and an Increase in Development Impact Fees in an Amount of 13.65% to Align with the Bay Area Construction Cost Index

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.

Public Works Director, Hans Larsen provided a presentation. Mayor Mei opened the public comment period. The following persons commented: Lisa Danz and Dennis Martin.

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

1. Approved the Development Impact Fee Annual Report FY 2021/22 .

2. Held a public hearing to hear any public comments regarding the proposed impact fee adjustment.

3. Adopted Resolution No. 2022-62 approving a 13 .65% increase to development impact fees for the capital facilities, fire facilities, park facilities, parkland, and traffic programs to reflect construction cost changes in 2022, effective July 1, 2023.

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

6. OTHER BUSINESS

A. Mayor Mei opened consideration to Cons ider Options for the Continued Maintenance and Operations of the 900 acres at Stanford Staging Area and the larger Mission Peak area for the purpose of public park, recreation, and open space and find that no further environmental review is required for the lease pursuant to CEQA Guidelines 15307, 15162, 15163, 15678(b) and 15601(b)(3) (Mission Peak Lease Agreement with East Bay Regional Park District (EBRPD))

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 Services Director Suzanne Wolf provided a presentation. Mayor Mei opened the public comment period. The following persons commented: Sue Inki D, Ajit, Ivy Tse, Tony Pang, Mohan Hegde, Veronica, Keith Parker, Ravi Keswani, Suresh, Mary Alyono, William Yragui, Gary Parikh, Ben Yee, Sujata, Kelly Abreu, and Naren Immadi

On a motion by Councilmember Jones, seconded by Councilmember Shao, the City Council considered options for the continued maintenance and operations of the 900 acres at Stanford Staging Area and the larger Mission Peak area for the purpose of public park, recreation, and

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*Consent Items

open space and found that no further environmental review was required for the lease pursuant to CEQA Guidelines 15307, 15162, 15163, 15678(b) and 15601(b)(3)

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

Absent: None
Abstain: None

7. ITEMS REFERRED BY COUNCILMEMBERS

A. Council Referrals – None.

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

C. Legislative Actions – None.

D. Report on Committee Assignments

Councilmembers reported on their various meetings.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 10:37 p.m.

Attest: Approved:

________________________________ ___________________________ Alberto Quintanilla, Assistant City Clerk LILY MEI, Mayor

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MINUTES

FREMONT CITY COUNCIL MEETING
DECEMBER 13, 2022

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the meeti ng 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 Ke ng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

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 Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None

* B. Mayor Mei opened considera tion of Approval of Minutes

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved minutes for the Special and Regular Meetings of November 1, 2022, the Regular Meeting of November 15, 2022, and the Special Meeting of November 30, 2022

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

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*Consent Items

* C. Mayor Mei opened consideration to Adopt a Resolution that Certifies the November 8, 2022 Election Results

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-63 that:

1. Receives the Official Canvass of th e General Municipal Election held on November 8, 2022 from the Alameda County Registrar of Voters.

2. Declares the results of the election.

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

* D. Mayor Mei opened consideration to Cons ider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361

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

1. The City Council has recons idered the circumstances of the COVID-19 state of emergency;

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

3. Staff is directed to schedule reconsiderati on of these findings at the regularly scheduled City Council meeting on January 10, 2023.

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

* E. Mayor Mei opened consideration of Approval of Specifications and Award of Contract to JJR Construction, Inc. in the Amount of $3,036,285.10 (Including 15% Contingency) for the 2023 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-G); Make Findings of CEQA Exemption.

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved the following actions related to the 2023 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-G):

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*Consent Items

1. Approve the specifications for the project.

2. Accept the bid and award the contract to the lowest responsive and responsible bidder, JJR Construction, Inc. in the amount of $2,636,285.10 and allocate a 15% construction contingency in the amount of $400,000.00 for a total construction contract amount of $3,036,285.10 and authorize the City Manager or designee to execute the contract.

3. Find that the project is cate gorically exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15301 as the repair, maintenance or minor alteration of an existing facility involving no or negligible expansion of use beyond that presently exists.

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

* F. Mayor Mei opened consideration to Author ize the City Manager or Designee to Execute the Third Amendment for On-Call Tree Trimming, Maintenance and General Groundwork and Debris Removal Agreement(s) with Brightview Tree Care Services and West Coast Arborists to increase contract compensation.

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

1. Authorized the City Manager or designee to execute the third amendment to the on-call tree trimming, maintenance and general groundwork and debris removal service agreements with Brightview Tree Care Services in an amount not to exceed $850,000.

2. Authorized the City Manager or designee to execute the third amendment to the on-call tree trimming, maintenance and general groundwork and debris removal service agreements with West Coast Arborists in an amount not to exceed $650,000.

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

* G. Mayor Mei opened Consideration of S econd Amendment to the Employment Agreement between City Manager Karena Shackelford and the City of Fremont

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-64 and authorized the Mayor to execute the second amendment to the City Manager’s Employment Agreement which authorizes a merit-based five percent wage increase.

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*Consent Items

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

3. CEREMONIAL ITEMS

A. Resolution: Honoring Judith E. Schwartz for Twenty-One Years of Service Upon her Retirement

B. Recognition of and Comment s by Outgoing Councilmember

Mayor Mei opened the public comment period. The following persons commented: Kelly Abreu (Mission Peak Conservancy), Keith Parker and John Hinds.

C. Oath of Office and Installation of Newly Elected Councilmembers

D. Comments by Newly El ected Councilmembers

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications – None.

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS – None.

7. ITEMS REFERRED BY COUNCILMEMBERS

A. Council Referrals

1. MAYOR MEI REFERRAL: Direct Staff to Arrange for a Formal Review of Closed Session Brown Act Confidentiality Requirements and to Identify Potential Actions to Address Violations/Misconduct

Mayor Mei provided an overview of her referral and responded to questions from Councilmembers.

Mayor Mei opened the public comment period. Caller *919 commented. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Campbell, seconded by Councilmember Shao, the City Council approved
the Brown Act training for Councilmembers.

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*Consent Items

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:

Campbell, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: Councilmember Kassan

Councilmember Kassan requested the following exchange be added to the minutes:

Vice Mayor Keng asked if the City Manager or City Attorney could clarify if there was ever a previously approved censure of a Councilmember. City Manager Shackelford stated there have been no previously approved censures. City Attorney Alvarado stated that City Staff would research what took place at a prior meeting, for the referral regarding potential misconduct, and provide the Council the City’s own record of what took place at that meeting.

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

C. Legislative Actions – None.

D. Report on Committee Assignments – None.

Councilmembers reported on their various meetings.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:53 p.m.

Attest: Approved:

________________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor

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Attachment: Draft Minutes (4782 : Approval of Minutes - 2022-12-06 - 2022-12-13) Fremont City Council Meeting: 12/20/22 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4757) DOC ID: 4757
Updated: 12/15/2022 5:27 PM by Susan Gauthier Page 1
MILITARY EQUIPMENT USE POLICY – Approve amendments to the Military Equipment Use Policy for the purchase of additional UAS and PepperBall VKS launchers and amendments clarifying the use of UAS in partnership with the Fire Department; making related findings
Contact Persons:

Name: Sean Washington Matthew Snelson
Title: Police Chief Police Captain
Div/Dept: Police Department Police Department
Phone: 510-790-6969 510-790-6874
E-Mail: [email protected] [email protected]

Executive Summary: The Fremont Municipal Code Chapter 8.80 Military Equipment Use requires the Fremont Police Department (FPD) to seek City Council approval prior to seeking funding, acquiring, or using equipment defined by California law as “military equipment.” This report outlines the request to authorize the seeking of grant funding and purchasing authorization for up to three additional Unmanned Ariel Systems and up to eighteen additional PepperBall VKS launchers. The department also seeks to clarify, through policy updates, that the Fremont Police and Fire Departments have been supporting each other in UAS operations since the development of the public safety UAS program in 2017 and will continue to do so.

BACKGROUND: On September 30, 2021, Governor Gavin Newsom signed into law AB 481, relating to the use of military equipment by law enforcement agencies, codified in California Government Code sections 7070 through 7075. The law now requires law enforcement agencies to obtain approval of the applicable governing body (City Council) for seeking funding, acquiring, or using military equipment by an ordinance adopting a “military equipment” use policy. On May 3, 2022, the Fremont City Council adopted Ordinance 04- 2022 and established Fremont Municipal Code (FMC) Title 9 Health and Safety, Chapter 8.80 Military Equipment Use. Chapter 8.80 requires the City Council to approve and to make certain findings during a regular meeting held pursuant to open meeting laws for seeking funding, acquisition, or use of military equipment.

FMC Chapter 8.80 and state law authorizes the governing body of a city to approve seeking funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations. The findings are that (1) the military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) the proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and (3) if purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

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Council Staff Report (ID # 4757) Meeting of December 20, 2022 Updated: 12/15/2022 5:27 PM by Susan Gauthier Page 2
DISCUSSION/ANALYSIS:

Grant funding and purchasing authorization for the addition of three UAS

Fremont Police Department requests authorization to seek grant funding and to purchase up to three additional Unmanned aerial systems (UAS), bringing the total UAS owned by the Police Department to twenty. UAS are utilized to enhance the Police Department’s mission of protecting lives and property when other means and resources are unavailable or are less effective. UAS are necessary to ensure officer safety and public welfare as they provide visibility to high-risk locations. Without the use of a UAS, police officers would have limited overhead observation of high-risk areas, decreased effectiveness of detecting missing persons, reduced visual assistance during rescue operations, and be unable to assess suspicious/dangerous objects from a safe distance. The UAS system can enter small spaces, such as enclosed structures, and provide overhead observations of high-risk situations within business districts, residential sections, open land/wooded areas, and other crowded spaces. In addition to crime and rescue operations, UAS equipment is utilized to memorialize and document crime scenes and locations of traffic accidents.

The additional equipment being requested would further these purposes. The Matrice 30T and the Mavic 3 would significantly enhance the Fremont Police Department’s ability to fly missions during inclement and rainy weather with better visual capabilities, which conditions currently limit UAS use. The Mavic Mini 3 pro would enhance the Fremont Police Department’s ability to fly indoors during critical missions. Without this equipment, safety risks to the public and law enforcement personnel would increase in the circumstances described. Therefore, no other reasonable alternatives would allow the police department to achieve public safety objectives.

Seeking grant funding and purchasing authorization for the 18 additional Pepperball VKS Launchers

Fremont Police Department requests authorization to seek grant funding and to purchase an additional eighteen PepperBall VKS launchers increasing the total authorized number to twenty-four PepperBall VKS launchers.

FPD currently possesses six PepperBall VKS launchers. After assessing the limited deployment of the VKS systems, FPD is seeking to deploy the VKS systems depa rtment- wide and replace the Tippman Pepperball systems currently deployed. The VKS system improves accuracy when pepperballs are deployed for direct impact and area saturation.

The VKS system has an accurate, effective distance of up to 150 feet, whereas the current Tippmann systems are half that effective distance. The VKS Pepperball system’s kinetic impact is adjustable where the current Tippmann is not. The VKS system has the same look, feel and fire control system as the AR-15/M4 carbine and Sig Sauer MCX rifle currently deployed by FPD. The VKS system can be magazine-fed or configured with a hopper for additional rounds for crowd dispersal purposes. The VKS system is visibly identified as a less-lethal tool by marking most of the more significant portions of the unit in yellow. The PepperBall systems are a necessary, less lethal option to protect the community and officers in certain situations. The VKS launchers are more accurate and have a further distance than the Police Department’s current PepperBall system. Therefore, the VKS launchers achieve the objective of community and officer safety and safeguard the public’s welfare, safety, civil rights, and civil liberties. There are no other more cost-effective systems

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Council Staff Report (ID # 4757) Meeting of December 20, 2022 Updated: 12/15/2022 5:27 PM by Susan Gauthier Page 3
available that FPD is aware of that address the civilian and officer safety needs that the VKS system provides.

Approved Use of UAS within the City of Fremont

The Fremont Fire and Police UAS teams have been flying in partnership for public safety needs since 2017. Both programs comply with FAA requirements, including certificates of authorization (COAs) to fly, robust initial and in-service pilot training, and pre-flight/post- flight documentation. The Departments have a proud, established history of safe operations and successful missions. The Department seeks to clarify that since the development of the City of Fremont Public Safety UAS program in 2017, the Fremont Fire Department and the Fremont Police Department have supported each other in UAS operations and will continue to do so. To clarify this approved use, the Department is seeking council approval of descriptive language to Exhibit 1 of the Military Use Policy initially approved by the council on May 3, 2022.

FISCAL IMPACT: The fiscal impact will include the initial purchase of each unit:

Approved Use of UAS within the City of Fremont: There is no anticipated fiscal impact as a direct result of the policy update.

UAS Purchases: Purchase of the requested UAS will be made with 2022/23 COPS grant funds. If sufficient funding is not received through the 2022/23 COPS grant allocation process, the purchase of the requested UAS will be evaluated utilizing funding in the adopted 2022/23 Police Department UAS general fund budget. The total purchase of up to three additional UAS will not exceed $40,000.

- Matrice 30T – $14,700
o Two Batteries – $329 each; a total of $658
o Initial purchase price includes a coverage limit equivalent to the product's value, an unlimited number of free repairs can be offered within one year after the product is activated, and includes one standard maintenance service.

- Mavic 3 – $4,999 (DJI Mavic 3 Cine Premium Combo)
o Three Batteries – $209 each; a total of $627
o One propeller guard – $49

- Mavic Mini 3 pro – $909 each; a total of $1,818
o Four Batteries – $95 each; a total of $380
o One DJI Mini 3 Pro Fly More Kit Plus – $249

The ongoing and recurring cost of the addition of these units will include the warranties:
o Matrice 30T extended yearly warranty – $1050 a year, every year o Mavic 3 extended two-year warrant – $599 every two (2) years o Mavic Mini 3 pro extended two-year warranty – $125 a unit, every two (2) years

PepperBall VKS Launchers: Purchase of the requested PepperBall VKS launchers will be made with the 2022/23 COPS grant fund. If sufficient funding is not received through the

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Council Staff Report (ID # 4757) Meeting of December 20, 2022 Updated: 12/15/2022 5:27 PM by Susan Gauthier Page 4
2022/23 COPS grant allocation process, the purchase of the requested equipment will be evaluated utilizing authorized funding in the adopted 2022/23 Police Department Range General Fund budget.

- Eighteen PepperBall VKS Launchers - approximately $15,260 o Approximately $769 each plus sales tax

ENVIRONMENTAL REVIEW: Amendments to the Military Equipment Use Policy is an administrative government activity that is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment, the activity is not subject to CEQA. The Military Equipment Use Policy amendments and the purchase of three drones and eighteen pepperball lunchers will clearly not have a significant effect on the environment; thus, CEQA does not apply, and no further environmental review is necessary.

ATTACHMENTS:
• Exhibit 1 for Military Equipment Policy_Updated 11_17_2022

RECOMMENDATIONS:

1. Approve the amendment to Exhibit 1 of the Military Use Policy expressly approving supportive UAS operations between the Fremont Police and Fire Departments, adding three drones, and adding eighteen PepperBall VKS launchers.

2. Authorize FPD to seek grant funding in the 2022/23 COPS grant fund 151 and to purchase the requested three UAS and find that it is necessary because: a) there are no reasonable alternatives that can achieve the same objective of officer and civilian safety, b) the attached Military Equipment Use Policy with amendments will safeguard the public's welfare, safety, civil rights, and civil liberties, and c) the UASs are reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

3. Authorize FPD to seek grant funding in the 2022/23 COPS grant fund 151 and to purchase the requested eighteen PepperBall VKS launchers and find that it is necessary because: a) there are no reasonable alternatives that can achieve the same objective of officer and civilian safety, b) the attached Military Equipment Use Policy with amendments will safeguard the public's welfare, safety, civil rights, and civil liberties , and c) the PepperBall VKS launchers are reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

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1 Updated: 11/17/2022

EXHIBIT 1
Qualifying Equipment Owned/Utilized by the Fremont Police Department

Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code § 7070 (c)(1) Quantity Owned/Sought: 17 20 Lifespan: 5 years
Equipment Capabilities: Remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR), thermal, and optical zoom lenses.

Manufacture Product Description:

DJI Matrice 30T: The DJI Matrice 30T (M30T) feature 54 km/h wind resistance and the ability to fly in snow, heavy rain (IP55 rating), and temperature as low as -20°C (4°F). The M30T comes with a 48MP 1/2″ CMOS sensor optical zoom camera (5-16×) optical and 200× digital zoom, a 12MP wide-angle camera, 8K photo 4K@30fps video resolution, 1920×1080@30fps FPV camera, and a laser rangefinder which can give the precise coordinates of objects up to 1,200 meters away. Additionally, the M30T features a 640×512 pixel radiometric thermal camera. Designed for harsh flight conditions, the DJI M30T comes with built-in advanced redundancy systems to help keep critical missions going even in unexpected scenarios. The M30T features three-propeller Emergency Landing. In the unlikely case of a motor malfunction during flight, the M30T can make an emergency landing with just three propellers/motors. In addition to DJI’s four-antenna OcuSYnc 3 communication system, the M30T features an LTE GSM link for backup transmission that allows it to maintain connection in complex terrains. While in FCC mode the range is up to 15KM, in CE/SRRC/MIC modes is 8Km. The TB30 intelligent flight 6S battery has a total power of 131.6 Wh and provides up to 41 minutes of flight time.

The expected hovering time is about 36 minutes. The smart battery pack has the following built-in safety features: Anti-Backflow, Short Circuit, Over Voltage, Over Current, and Temperature.

DJI Mavic Mini 3 Pro: The tiny and lightweight DJI Mini 3 Pro is sub-250g and is a member of DJI’s “Mini Series”. The Mini 3 Pro has the addition of a tri-directional obstacle avoidance system which is a significant improvement over its predecessors. The drone has many improved features from previous versions to include a bigger sensor – now a 1/1.3-inch CMOS chip; its lens's maximum aperture has been increased to a bright f/1.7; its video capabilities have been vastly improved; and the camera can be rotated 90 degrees, enabling the ability to capture stills and video in both landscape and portrait format.

DJI Mavic 3: Mavic 3 offers significantly improved imaging performance thanks to its 4/3 CMOS Hasselblad camera and 24mm-equivalent lightweight lens. It can record up to 5.1K/50fps or 4K/120fps videos. Mavic 3 Cine supports Apple ProRes 422 HQ, Apple ProRes 422, and Apple ProRes 422 LT encoding. The tele lens of the dual-camera system supports explore mode for 28x hybrid zoom, allowing to see more of the environment with ease. The flight experience has also been comprehensively improved with the flight time extended to 46 minutes and a hover time of 40 minutes. The incredibly stable O3+ technology, video transmission can reach up to 15 km and supports 1080p/60fps real-time transmission. DJI Mavic 3 is equipped with an omnidirectional obstacle sensing system, which is multiple wide-angle vision sensors onboard work together seamlessly with a high-performance vision computing engine to sense obstacles in all directions precisely and plan a safe flight route that avoids obstacles.

DJI Phantom 4 Pro: The Phantom 4 Pro’s camera shoots 4K/60fps at a bitrate of 100Mbps and stills up to 20-megapixels. The Flight Autonomy system adds dual rear vision sensors and two Time of Flight range imaging cameras for a total of 5 directions of obstacle sensing with a range of up to 30m in all

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 2 Updated: 11/17/2022

directions. The Lightbridge HD video transmission system offers an extended maximum transmission range of 4.3mi (7km) with the ability to switch between 2.4GHz and 5.8GHz. The aircraft’s Intelligent Flight Battery also have increased capacity by 520mAh to enable an extended flight time of 30 minutes.

DJI Mavic 2 Enterprise: The Mavic 2 Enterprise Dual features a 24mm camera with a 1/2.3" 12MP sensor and FLIR thermal imaging sensor. The cameras can capture up to UHD 4K resolution video at 30 fps, or thermal imaging images and temperature data. The Mavic 2 Enterprise can achieve speeds of up to 44.7 mph, and the four-cell LiPo battery provides up to 31 minutes of flight time. The Mavic 2 Enterprise Dual also supports OcuSync 2.0 video transmission system. Additionally, there are three modular accessories to include a spotlight, speaker, and beacon. The Mavic 2 Enterprise also has omnidirectional obstacle sensing.

DJI Mavic 2 Zoom: The Mavic 2 Zoom features a 24-48mm 2x optical zoom camera with 1/2.3" 12MP sensor and a 4x lossless zoom (including 2x optical zoom). The Mavic 2 Zoom utilizes a low-drag aerodynamic body design for achieving speeds up to 44.7 mph, a four-cell LiPo battery for up to 31 minutes of flight time, and low-noise propellers for filming without being distracting. The Mavic 2 Zoom also supports OcuSync 2.0 video transmission system. Additionally, there are three modular accessories to include a spotlight, speaker, and beacon. The Mavic 2 Enterprise also has omnidirectional obstacle sensing.

DJI Mavic Mini: The Mavic Mini from DJI is a compact drone weighing in at under 9 oz. The Mavic Mini has 3-axis gimbal and sophisticated flight modes that can achieve up to 12MP images, 2.7K Quad HD videos, and complex cinematic shots with access to the DJI Fly app. The Mini drone features up to 30 minutes of flight time on a full battery charge.

DJI Mavic Enterprise 2 Advanced: The Mavic 2 Enterprise Advanced features a 35 mm format camera with a 48 MP visual camera and high resolution 640 x 512 Thermal Resolution. The cameras can capture up to UHD 4K resolution video at 30 fps, or thermal imaging images and temperature data.

The Mavic 2 Enterprise can achieve speeds of up to 44.7 mph, and the four-cell LiPo battery provides up to 31 minutes of flight time. Additionally, there are three modular accessories to include a spotlight, speaker, and beacon. The Mavic 2 Enterprise also has omnidirectional obstacle sensing.

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 3 Updated: 11/17/2022

Purpose/Authorized Uses: Unmanned aerial systems may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Since the development of the City of Fremont Public Safety UAS program in 2017, the Fremont Fire Department and the Fremont Police Department have supported each other in UAS operations and will continue to do so. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

Fiscal Impacts: Costs associated with replacement/repair of equipment ~ $5,000; the price of the UAV is based upon each specific model. The most expensive UAV is the Matrice 30T with a $14,000 price for the UAV. The allotted annual fiscal budget is $50,000 which includes software, UAVs, Training budget, and built-in overtime budget.

Legal/Procedural Rules Governing Use: The use of the UAV is in accordance with Fremont Police Department Lexipol Unmanned Ariel Systems (UAS) Policy (614) and Federal Aviation Administration (FAA) Regulations.

Training Required: Basic in-house training course of 16 hours, bi-annual training for 8 hours, mandatory 1 hour of flight time per month to stay current for proficiencies.

Other: UAVs consistently improve and advance from year to year. There may be times when equipment becomes available that are imperative for successfully operating the fleet while old technology becomes obsolete.

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 4 Updated: 11/17/2022

Equipment Name: City of Fremont- Mobile Command Vehicle (MCV) CA Gov’t Code § 7070 (c)(5) Quantity Owned/Sought: 1 Lifespan: ~15 years
Equipment Capabilities: The vehicle provides mobile, remote access to radio, internet planning and operational resources to assist with the command and control of major incidents and other planned operations. The vehicle also has the capability to dispatch officers and firefighters, as well as receive 9-1-1 calls.

Manufacture Product Description: The City of Fremont- Mobile Command Vehicle was built in conjunction with the Fremont Fire and Fremont Police Departments as a unified command vehicle but can also alternate between fire specific and police specific missions. The vehicle was custom built by Pierce Manufacturing in Appleton Wisconsin in 2013. The vehicle has a fire truck chassis.

Purpose/Authorized Uses: The MCV can be deployed for any fire and/or police incidents which it would be deemed beneficial to do so.

Fiscal Impacts: The initial costs of the MCV was approximately $1.2 million which was subsidized by UASI (Urban Areas Security Initiatives)- US Department of Homeland Security grants. The annual upkeep for the vehicle is approximately $5000.

Legal/Procedural Rules Governing Use: Fremont Police Department Lexipol policy 802.8.1 allows the use of the MCV as means of restoring 9-1-1 call processing. A Class B license is required to drive the vehicle.

Training Required: A Class B license is required to drive the vehicle. There are 2 Special Response Team (SRT) members who are assigned to the vehicle during operations to facilitate its operation.

Other: The MCV is not a tactical vehicle but rather a multi-purpose vehicle to help facilitate command and control during field incidents by both the Fremont Fire Department as well as the Fremont Police Department by providing intelligence assets. The vehicle does not have any armor nor is it deployed in such a manner as it to be used in such a way. The vehicle is to be deployed at the periphery of a tactical incident if one such arises.

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 5 Updated: 11/17/2022

Equipment Name: Lenco BearCat G2-CA Gov’t Code § 7070 (c)(3) Quantity Owned/Sought: 1 Lifespan: ~15 years
Equipment Capabilities: The vehicle is equipped with emergency lights/sires, rotating roof hatch, electric winches, running boards, protection against chemical agents, back-up camera, battering ram attachment, CS (tear gas) deployment nozzle, Thermographic cameras, and spot/flood lights. The vehicle is armored with a 0.5 – 1.5” thick steel and ballistic windows rated to stop a 0.50 caliber bullet.

Manufacture Product Description: The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G2 part of their standard operating procedure. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers.

Purpose/Authorized Uses: The Bearcat is primarily used for Special Weapons and Tactics Team (SWAT) incidents, safe transport of SWAT personnel to and from critical incidents, high risk warrant service operations, dangerous high risk tactical operations, high risk rescue operations, training, community engagement efforts and any other applications deemed appropriate and approved by the SWAT Commander, Division Commander or Chief of Police.

Fiscal Impacts: The cost of the Bearcat was approximately $323,726, which was purchased through a UASI (Urban Areas Security Initiative)- US Department of Homeland Security grant.

Legal/Procedural Rules Governing Use: The use of the Lenco bearcat G2 is governed by Fremont Police Department Lexipol Policy 704
Training Required: Officers are to be trained in the operation of the Bearcat and MedEvac prior to use. Training requirements will be set by the SWAT Commander in cooperation with the Emergency Vehicle Operations (EVOC) Training Manager. Training will include knowledge of this policy, rules of the road and basic knowledge of electronic/mechanical functions on the vehicle. The training will also include a driving exercise. SWAT personnel will receive advanced training and are expected to maintain a higher level of operational knowledge and expertise.

Only FPD personnel who have completed training and possess a valid California Driver’s License will be authorized to drive/operate the Bearcat or MedEvac, unless a delayed deployment of an ARV would result in serious bodily injury or death.

The SWAT Commander or his/her designee is responsible for training officers on proper use, driving techniques and ensuring the vehicle is properly serviced and maintained.

Other: The vehicle is designed to meet the tactical needs of law enforcement agencies tasked with responding to acts of violence and/or terrorism. The purpose is to enhance law enforcement’s ability to serve and protect the community.

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 6 Updated: 11/17/2022

Equipment Name: Lenco BearCat/MedEvac- CA Gov’t Code § 7070 (c)(3) Quantity Owned/Sought: 1 Lifespan: 15 years
Equipment Capabilities: The BearCat/MedEvac is also referred to as the MedCat . The vehicle is equipped with two medical litters, oxygen tanks, a lighted work station, and compartments for medical supplies and gear storage. The vehicle has 0.5 to 1.5” steel and bullet resistant windows.

There is also a nozzle with a water connector in case it is needed for fire suppression.

Manufacture Product Description: The Lenco BearCat Medevac, also known as the MedCat, was designed to meet the combined requirements of SWAT & Tactical EMS Teams. This BearCat model can be used as an armored Response & Rescue SWAT truck for dangerous call-outs and is equipped to provide Tactical EMS with a safe & effective environment to deal with trauma cases.

The Law Enforcement variant of the MedCat comes standard with (2) tactical litters secured to extended bench seating. There are on-board Oxygen tanks with a lighted work station, a radio compartment work station and ample interior compartments for medical supplies & gear storage.

Purpose/Authorized Uses: The MedEvac is primarily used by the Tactical Emergency Medicine (TEMS) component of the Special Weapons and Tactics Team (SWAT) to provide emergency medical staff, equipment, and other rescue capabilities during high-risk operations. The MedEvac may also be utilized in a manner consistent with authorized use of the Bearcat. The MedEvac may be used in other situations deemed appropriate and approved by the SWAT Commander, Division Commander or Chief of Police.

The purpose and intent of the acquisition and deployment of this vehicle is to enhance and sustain regional preparedness for first responders in major urban areas by allowing for delivery of emergency medical services into on-going hazardous situations. This will allow law enforcement, fire service staff, and medical personnel the ability to safely enter unsecured and unstable areas (warm or hot zone).

This vehicle will assist with providing immediate medical assistance, enhancing the ability of first responders to rescue persons in need and help protect first responders at the scene of an emergency situation.

Fiscal Impacts: The MedEvac is a Bay Area regional asset and was acquired through a joint cooperative effort between the Fremont Police Department and the San Leandro Police Department with financial assistance from Cal OES Governor’s Office of Emergency Services (Homeland Security Grant Program). The approximate price is $300,000.

Legal/Procedural Rules Governing Use: The use of the MedEvac is governed by Fremont Police Department Lexipol Policy 704.

Training Required: Officers are to be trained in the operation of the Bearcat and MedEvac prior to use. Training requirements will be set by the SWAT Commander in cooperation with the Emergency Vehicle Operations (EVOC) Training Manager. Training will include knowledge of this policy, rules of the road and basic knowledge of electronic/mechanical functions on the vehicle. The training will also include a driving exercise. SWAT personnel will receive advanced training and are expected to maintain a higher level of operational knowledge and expertise.

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 7 Updated: 11/17/2022

Only FPD personnel who have completed training and possess a valid California Driver’s License will be authorized to drive/operate the Bearcat or MedEvac, unless a delayed deployment of an ARV would result in serious bodily injury or death.

The SWAT Commander or his/her designee is responsible for training officers on proper use, driving techniques and ensuring the vehicle is properly serviced and maintained.

Other: The City of Fremont Police Department shares responsibility for the MedEvac with the City of San Leandro Police Department. A Memorandum of Understanding (MOU) has been established between the two agencies. The MOU outlines deployment responsibilities, ongoing maintenance and repair obligations, notification procedures and conflict resolution options. Both agencies jointly and separately agreed to abide by the terms and provisions of the MOU and respective department policies during the existence of the MOU. The MedEvac is by default, housed at the San Leandro Police Department.

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 8 Updated: 11/17/2022

Equipment Name: Ford Transit-350 Crew - CA Gov’t Code § 7070 (c)(5) Quantity Owned/Sought: 1 Lifespan: 5 – 10 years
Equipment Capabilities: The Ford Van has storage space for the Hostage Negotiations Team (HNT) including battery storage and the throw phone. There is a large battery and a power inverter to assist with maintaining electronic equipment pertinent to establishing and maintaining communications with tactical operations and/or tactical negotiations.

Manufacture Product Description: There are no manufacture product description as this was a unique vehicle made specifically for HNT on a Ford Transit 350 chassis.

Purpose/Authorized Uses: The HNT vehicle can be deployed for any or police incidents which it would be deemed beneficial to do so.

Fiscal Impacts: Approximately $50,000
Legal/Procedural Rules Governing Use: The use of the vehicle is reserved for HNT personnel (governed by Fremont Police Department Lexipol Policy 407.8) as well as the department fleet guidelines (Lexipol Policy 705).

Training Required: The training for this vehicle is governed by Lexipol Policy 407.8.2.

Other: Not Applicable

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 9 Updated: 11/17/2022

Equipment Name: Icor Caliber T5 Robot- CA Gov’t Code § 7070 (c)(1) Quantity Owned/Sought: 1 Lifespan: 10 years
Equipment Capabilities: Command and Control Unit (CCU) with multi-function control and variable- speed joystick, Two-way communication (talk/listen), lifts up to 45 lbs (20kg) arm retracted and 18 (8kg) arm extended, 360 degree rotating robotic claw with color charge-coupled device camera on telescoping arm, 36x optical zoom pan-tilt-zoom color camera.

Manufacture Product Description: The Icor Caliber T5 Robot is a medium-sized robot designed for remote handling and Render Safe Procedures of IEDDs and other explosive ordnances, reconnaissance missions, two-way communication and deliver/retrieval tasks.

The T5 is uniquely equipped with two robotic arms (a heavy-duty robotic claw and twin-disruptor turret).

Purpose/Authorized Uses: Used to assist Fremont Police Department SRT Operators with inspecting suspicious packages thus rendering them safe, clearing residences and/or businesses during tactical operations, assisting officers and the community by clearing potentially dangerous building during tactical situations.

Fiscal Impacts: Initial purchase of $67000
Legal/Procedural Rules Governing Use: The use of the robot is governed by Fremont Police Department Lexipol Policy 407.7.2(b).

Training Required: One-day course in Robot Operation and Maintenance as well as access to a virtual training portal.

Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment.

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 10 Updated: 11/17/2022

Equipment Name: Defense Technologies Low Roll 12 gram non reloadable distraction device with safety clip (model: 8902NR)- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 75+ Lifespan: 5 years
Equipment Capabilities: The use of this device is to create a diversion during critical incidents. The device exploded with a loud bang and emits a bright light made to disorient the suspect(s).

Manufacture Product Description: The Tactical Diversionary Device utilizes a M201A1 type fuse with a single use aluminum body. This compact unit is designed around a 6.5-gram water resistant charge, capable of producing an effective, yet reduced 162dB stimuli. Its size and shape are industry familiar and allow it to fit in standard tactical pouches. The device should only be deployed in areas that have been visually observed to be clear of potential hazards. It is recommended that the immediate area for deployment be visually affirmed to be clear of personnel and that the device is delivered so that the ports are free from obstruction. If the bottom ports are obstructed by an object or wall, the device body may move. The cleared area for deployment should be 5 - 6 feet around which the device is expected to come to rest.

Purpose/Authorized Uses: Used during critical incidents as a diversionary device to disorient suspects.

Fiscal Impacts: $51 each
Legal/Procedural Rules Governing Use: The use of flashbangs is governed by Fremont Police Department Lexipol Policy 407.7.2(b).

Training Required: specialized training as deemed by the SRT Commander Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment.

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 11 Updated: 11/17/2022

Equipment Name: Deftech LMT 40 mm kinetic energy projectiles with 40mm projectiles- CA Gov’t Code § 7070 (c)(14)
Quantity Owned/Sought: 110 Lifespan: 10 years
Equipment Capabilities: This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.

Department approved kinetic energy projectiles are fired from 40 mm launchers.

Manufacture Product Description: The 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.

Purpose/Authorized Uses: A sworn peace officer may utilize the Kinetic Energy Projectile in the discharge of his/her duties when other options have been exhausted, are ineffective, or are inappropriate during attempts to control or subdue combative or violent individuals and the use of deadly force can be forestalled.

The Kinetic Energy Projectile shall be used with discretion and care in circumstances which permit the lawful use of lethal or less lethal force.

Fiscal Impacts: $809.75 per 40mm launcher and $18.35 per 40mm projectile Legal/Procedural Rules Governing Use: The use of 40mm kinetic energy projectile is governed by Fremont Police Department Lexipol Policy 305.9.

Training Required: The Training Sergeant shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary.

Proficiency training shall be monitored and documented by a certified, control-device weapons instructor.

All training and proficiency for control devices will be documented in the officer's training file.

Other: The SWAT Unit vehicles, each patrol supervisor's vehicle, and most patrol vehicles are equipped with a launcher for delivery of the Kinetic Energy Projectile. The Kinetic Energy Projectile will only be used by a supervisor or officer who has been trained in the use of the appropriate delivery system.

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 12 Updated: 11/17/2022

Equipment Name: Tippmann FTC Pepper ball launchers- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 14 Lifespan: 10 years
Equipment Capabilities: The pepper ball launcher is semi-automatic, firing rate of 10-12 RPS, 13 Cubic inch high pressure air system using CO2. The launcher deploys a hard-plastic frangible sphere that is designed to burst upon impact.

Manufacture Product Description: FTC is a high-capacity, semi-automatic launcher that is perfect for crowd management and mobile field force operations. Reliable and accurate, it features a hopper that can hold up to 180 rounds and a flexible air source configuration.

Purpose/Authorized Uses: Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine or groin. Therefore, personnel using a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.

The effective operational distance for departmentally-approved pepper projectiles is from 5 feet to 120 feet. In an effort to lower the probability of serious bodily injury or death to the suspect, any discharge of less than 10 feet should be intentionally aimed at the arms or legs only.

Fiscal Impacts: $394.44 per launcher
Legal/Procedural Rules Governing Use: The use of the pepper ball launcher is governed by Fremont Police Department Lexipol Policy 305.7.2.

Training Required: The training for the use of the pepper ball launcher is governed by Fremont Police Department Lexipol Policy 305.10 which states: The Training Sergeant shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. a. Proficiency training shall be monitored and documented by a certified, control-device weapons instructor.
b. All training and proficiency for control devices will be documented in the officer's training file. c. Officers who fail to demonstrate proficiency with the control device or knowledge of this agency's Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency's Use of Force Policy after remedial training, the officer will be restricted from carrying the control device.

Other: Not Applicable

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 13 Updated: 11/17/2022

Equipment Name: Remington Breaching Shotgun (Model 870, 12 Gauge)- - CA Gov’t Code § 7070 (c)(8)
Quantity Owned/Sought: 25 Lifespan: 15-20 years
Equipment Capabilities: To quickly force entry through locked and/or barricaded doors, the Department authorizes the use of the breaching shotgun. The use of the breaching shotgun allows officers to defeat doors that mechanical breaching tools would normally be unable to open. The primary function of the breaching shotgun is for forcing entry. Although the breaching shotgun is a firearm, it has been modified for breaching purposes. Additionally, the selected ammunition is frangible and designed to defeat door locks and hinges.

Manufacture Product Description: From Remington Arms: Starting with a receiver machined from an 81/2-pound billet of steel might not be the easiest way to build a shotgun, but the end result is well worth the extra effort. No other pump shotgun can match the Model 870's strength and smooth, effortless operation.

Its legendary reliability is the heart of its popularity, as evidenced by the more than 13 million outdoorsmen, law enforcement officers, competitive shooters and home defenders who have chosen the never-say-die pump gun since its introduction in 1950. That same reliability has made the Model 870 one of the most adaptable shotgun designs ever, and the best-selling shotgun of all time.

Purpose/Authorized Uses: When a decision has been made to conduct an emergency entry, the breaching shotgun may only be used when it appears reasonably necessary to prevent death or great bodily injury. Officers are also required to obtain the approval of a supervisor unless the circumstances make it impractical to obtain authorization and/or delayed response would jeopardize the safety of citizens, officers or suspect(s).

Fiscal Impacts: $500 each
Legal/Procedural Rules Governing Use: The use of the breaching shotgun is governed by Fremont Police Department Lexipol Policy 301.

Training Required: The training for the use of the breaching shotgun is governed by Fremont Police Department Lexipol Policy 301.2.2 which states: Only officers trained and having shown adequate proficiency in the use of the breaching shotgun and the Use of Force policy are authorized to carry the device. Training for the breaching shotgun shall occur annually. All training and proficiency for the breaching shotgun will be documented in the officer's training record. Officers failing to demonstrate proficiency with the weapon or knowledge of the Use of Force policy will be provided remedial training.

Other: Breaching shotguns will be stored in the locked trunks or locked storage cabinets of all patrol supervisor and School Resource Officer vehicles. They may be stored in the same case as the less- lethal weapons; however, the breaching shotgun shall be placed under the less-lethal weapons and be separated by a partition which must be specifically removed in order to retrieve the breaching shotgun.

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 14 Updated: 11/17/2022

Equipment Name: Sig Sauer MCX Virtus multi-caliber 223/556/300 black-out Rifle and Ammunition- CA Gov’t Code § 7070 (c)(10)
Quantity Owned/Sought: 11 Lifespan: 10 years
Equipment Capabilities: The Sig Sauer MCX Virtus Rifle is a semi-automatic rifle and has an interchangeable caliber assembly allowing it to fire 223/556/300 blackout caliber projectiles.

Manufacture Product Description: The SIG MCX is a magazine fed, gas operated rifle available in

5.56x45mm NATO, and 7.62x35mm (.300 AAC Blackout), and 7.62 x 39mm calibers. The SIG MCX fires from a rotating locking closed bolt.

Purpose/Authorized Uses: Officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:
a. Situations where the officer reasonably anticipates an armed encounter. b. When an officer is faced with a situation that may require the delivery of accurate and effective shot placement at long range.
c. Situations where an officer reasonably expects the need to meet or exceed a suspect's weaponry.
d. When an officer reasonably believes that there may be a need to deliver accurate shot placement on a barricaded suspect or a suspect with a hostage. e. When an officer reasonably believes that a suspect may be wearing body armor. f. When authorized or requested by a supervisor.
g. When needed to euthanize an animal.

Fiscal Impacts: $1720 per rifle
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Fremont Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

Other: These specific rifles are assigned to Fremont Police Department Detectives

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 15 Updated: 11/17/2022

Equipment Name: Sig Sauer MCX multi-caliber modular rifle, 300 BLK 5.75" duty barrel, a 5.56 caliber 11" barrel, with an optional Sig Sauer 7.62 titanium suppressor and "safe/semi" selector switch- CA Gov’t Code § 7070 (c)(10)
Quantity Owned/Sought: 27 Lifespan: 10 years
Equipment Capabilities: The Sig Sauer MCX Sig Sauer MCX multi-caliber modular rifle, 300 BLK 5.75" duty barrel, a 5.56 caliber 11" barrel, with an optional Sig Sauer 7.62 titanium suppressor and "safe/semi" selector switch rifle and has an interchangeable caliber assembly allowing it to fire 223/556/300 blackout caliber projectiles.

Manufacture Product Description: The SIG MCX is a magazine fed, gas operated rifle available in

5.56x45mm NATO, and 7.62x35mm (.300 AAC Blackout), and 7.62 x 39mm calibers. The SIG MCX fires from a rotating locking closed bolt.

Purpose/Authorized Uses: Officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:
a. Situations where the officer reasonably anticipates an armed encounter. b. When an officer is faced with a situation that may require the delivery of accurate and effective shot placement at long range.
c. Situations where an officer reasonably expects the need to meet or exceed a suspect's weaponry.
d. When an officer reasonably believes that there may be a need to deliver accurate shot placement on a barricaded suspect or a suspect with a hostage. e. When an officer reasonably believes that a suspect may be wearing body armor. f. When authorized or requested by a supervisor.
g. When needed to euthanize an animal.

Fiscal Impacts: $1720 per rifle
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Fremont Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

Other: These specific rifles are assigned to Fremont Police Department- Special Response Team.

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 16 Updated: 11/17/2022

Equipment Name: Rock River Arms, LAR-15- CA Gov’t Code § 7070 (c)(10) Quantity Owned/Sought: 11 Lifespan: 10 years
Equipment Capabilities: The Rock River Arms, LAR-15 , is a .223 caliber, 10.5" barrel rifle with a "safe/semi" selector switch.

Manufacture Product Description: The Rock River Rams is a magazine fed, gas operated rifle available in .223 Caliber.

Purpose/Authorized Uses: Officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:
a. Situations where the officer reasonably anticipates an armed encounter. b. When an officer is faced with a situation that may require the delivery of accurate and effective shot placement at long range.
c. Situations where an officer reasonably expects the need to meet or exceed a suspect's weaponry.
d. When an officer reasonably believes that there may be a need to deliver accurate shot placement on a barricaded suspect or a suspect with a hostage. e. When an officer reasonably believes that a suspect may be wearing body armor. f. When authorized or requested by a supervisor.
g. When needed to euthanize an animal.

Fiscal Impacts: $1720 per rifle
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Fremont Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

Other: These specific rifles are assigned to Fremont Police Department- Detectives.

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 17 Updated: 11/17/2022

Equipment Name: PepperBall VKS launcher- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 246 Lifespan: 10 years
Equipment Capabilities: The VKS Pepper Ball launder is semi-automatic and has 10-15 pepper balls at a time in one magazine. Utilizing a Variable Kinetic System (VKS) and compressed air, it can launch non-lethal Pepper Ball projectiles up to 66 feet with regular rounds and up to 150 feet away with the VXR long distance projectiles. Upon impact the exploding ball release a 12-foot cloud of pepper spray irritant.

Manufacture Product Description: The VKS™ Launcher is strongest non-lethal consumer device available from PepperBall. It requires no license to own and shoots powerful pepper irritant projectiles. With the same look, feel and fire control system as an AR-15/M-4 carbine, when used with VXR projectiles (not included) it has an effective accurate distance of up to 150 feet.

Purpose/Authorized Uses: Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine, or groin. Therefore, personnel using a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.

Fiscal Impacts: Approximately $1,200146299.00 per unit
Legal/Procedural Rules Governing Use: The use of the pepper ball launcher is governed by Fremont Police Department Control Devices and Techniques Policy 305.7.2.

Training Required: The training for the use of the pepper ball launcher is governed by Fremont Police Department Control Devices and Techniques Policy 305.10 which states: The Training Sergeant shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. a. Proficiency training shall be monitored and documented by a certified, control-device weapons instructor.
b. All training and proficiency for control devices will be documented in the officer's training file. c. Officers who fail to demonstrate proficiency with the control device or knowledge of this agency's Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency's Use of Force Policy after remedial training, the officer will be restricted from carrying the control device.

Other: Not Applicable

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 18 Updated: 11/17/2022

Equipment Name: Defense Technologies CS Gas systems- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought:

Pocket Tactical CS (part #1016)- 23
Spede Heat CS (part #1072)- 20
40mm Ferret Round CS (part #2262)- 50
Tri-chamber flameless CS (part #1032)- 20
Triple Chaser CS (part #1026)- 44
Han-ball CS (part #1092)- 8
75 yard 40mm Spede heat (part #6282)- 4
Lifespan: 10 years
Equipment Capabilities: The use of OC/CS gas causes mucous membranes and exposed skin to become inflamed resulting in a burning sensation. It provides a temporary respiratory effect and induces discomfort on exposed skin.

Manufacture Product Description:

The Pocket Tactical CS Grenade: small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches.

This is a launchable grenade; however it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical grenade.

The Spede-Heat™ CS Grenade: a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately

2.9 oz. of active agent.

The Ferret® 40mm Round: non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood.

Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.

In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects.

Tri-Chamber Flameless CS Grenade: allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 19 Updated: 11/17/2022

incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure.

The Triple-Chaser® CS: consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

The Han-Ball™ CS Grenade: an outdoor use grenade expelling its payload in approximately 15-20 seconds. The rubber ball round has an over all size of 4.8 in. tall, including the fuze head, and 3.1 in. diameter. This launchable grenade holds approximately 1.6 oz. of active agent which is expelled through three ports around the equator of the ball. Due the intense heat generated by this grenade, it should not be used inside a building or near flammable material.

The Spede-Heat™ 40mm Short Range CS Round: incorporates an aluminum shell and utilizes black powder as the propellant. The Spede-Heat™ 40mm Short Range Round is designed to deliver one dual-ported chemical canister from a 40mm launcher 75 yards to the intended target zone.

The Spede-Heat™ 40mm Short Range CS Round is most widely used as a crowd management tool by Law Enforcement and Corrections for the rapid deployment of chemical agent from a 40mm launcher.

Purpose/Authorized Uses: Utilized during confrontations with violent or potentially violent suspects as a less lethal option to assist with the dispersal of violent crowds and/or arrest of suspects.

Fiscal Impacts: approximately $7500
Legal/Procedural Rules Governing Use: The use of this equipment is governed by Fremont Police Department Lexipol Policy 407.7.2(b).

Training Required: specialized training as deemed by the SRT Commander Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment.

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) 20 Updated: 11/17/2022

Equipment Name: Defense Technologies flashbang systems- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought:
100 Meter 40mm Aerial Flashbang- 24
75 Meter 40mm Aerial Flashbang- 6
Lifespan: 10 years
Equipment Capabilities: The use of this device is to create a diversion during critical incidents. The device exploded with a loud bang and emits a bright light made to disorient the suspect(s). These particular variants can be deployed from a 40mm launcher.

Manufacture Product Description: The 40 mm Warning/Signaling Munition will produce 170 dB of sound and 5 million candelas of light. This munition has an operational range of 100 and 75 meters.

Launched from a 40 mm platform, this munition gives the operator the ability to engage people, vehicles or vessels from a safe stand-off position. In open waters, the flash and sound are easily observable at great distances.

Purpose/Authorized Uses: Used during critical incidents as a diversionary device to disorient and illuminate suspects.

Fiscal Impacts: approximately $700
Legal/Procedural Rules Governing Use: The use of flashbangs is governed by Fremont Police Department Lexipol Policy 407.7.2(b).

Training Required: specialized training as deemed by the SRT Commander Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment.

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Attachment: Exhibit 1 for Military Equipment Policy_Updated 11_17_2022 (4757 : MILITARY EQUIPMENT USE POLICY) Fremont City Council Meeting: 12/20/22 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4760) DOC ID: 4760 B
Updated: 12/15/2022 9:22 AM by Alberto Quintanilla B Page 1

CITY OF FREMONT AND FREMONT UNIFIED SCHOOL DISTRICT PARTNERSHIP

AGREEMENTS - AFTER SCHOOL EDUCATION AND SAFETY PROGRAM GRANT AND EXPANDED LEARNING OPPORTUNITIES PROGRAM – Authorize the City Manager or her designee to submit a 3-year cycle renewal grant application as co- applicant with the Fremont Unified School District for the After School Education and Safety (ASES) Program and execute Amendment No. 3 to Agreement No. 18- 0217; authorize the City Manager or her designee to execute an additional agreement with the Fremont Unified School District for the Extended Learning Opportunity Program (ELO-P); and related appropriation actions Contact Persons:

Name: Irene Jordahl Suzanne Wolf
Title: Recreation Superintendent II Community Services Director Div/Dept: Community Services Community Services
Phone: 510-494-4322 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: Staff recommends the City Council authorize the City Manager or her designee to: 1) submit the ASES renewal grant application as co-applicant with the Fremont Unified School District to collaboratively operate the State of California Department of Education – After School Education and Safety Program Grant with Fremont Unified School District operating as fiscal agent; 2) execute Amendment No. 3 to Agreement No. 18-0217 to continue the partnership through 2026; (3) execute an additional service agreement with the Fremont Unified School District for the Extended Learning Opportunity Program (ELO-P) for the City to provide transitional kindergarten/kindergarten afterschool services on a fee for service basis; and (4) increase the budget in the Recreation Cost Center to recognize the reimbursement for and cover the cost of the ELO-P.

BACKGROUND:

After School Education and Safety (ASES) Program

The ASES Program is the result of the 2002 voter-approved initiative Proposition 49 and funds the establishment of local after school education and enrichment programs. These programs are created through partnerships between schools and local community resources to provide literacy, academic enrichment, and safe constructive alternatives for students in kindergarten through ninth grade (K-9). Funding is designed to: (1) maintain existing before and after school program funding; and (2) provide eligibility to all elementary and middle schools that submit quality applications throughout California .

The goal of ASES is to support local efforts to improve assistance to students and broaden the base of support for education in a safe, constructive environment. The program creates incentives for establishing locally driven before and after school education and enrichment programs.

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Council Staff Report (ID # 4760) Meeting of December 20, 2022 Updated: 12/15/2022 9:22 AM by Alberto Quintanilla B Page 2 In 2017, Fremont Unified School District (FUSD) approached the City of Fremont (City) to collaboratively operate the ASES program due to FUSD’s growing costs in providing the program. The City and FUSD entered into an agreement (No. 18-0217) to retain the services of the City to coordinate and administer the District’s ASES grant program for the remaining two years of a 3-year cycle: SY2018-19 and SY2019-20.

ASES applications for subsequent 3-year cycles are due the first of the year prior, thus, the renewal for the next 3-year grant cycle – SY2020/21, SY2021/22, and SY2022/23 – was due early 2020 amid the COVID-19 pandemic. During the Alameda County Department of Health shelter-in-place order, FUSD submitted the application renewal without the City being listed as co-applicant. In August 2020, FUSD and City approved Amendment No. 1 to Agreement No. 18-0217 for the City to take over as fiscal agent for SY 2020/21 and for FUSD to cover the cost of snacks for students who qualify for the free and reduced meal program who are enrolled in ASES. Subsequently, the agencies found out the transfer of fiscal agent status was not possible because the City was not listed on the grant as a co- applicant. Consequently, FUSD and City executed Amendment No. 2 to Agreement No. 18- 0217 for the District to remain as Fiscal Agent. At this time, the City and FUSD wish to continue the partnership into the next 3-year grant cycle through 2026 with FUSD remaining as the fiscal agent.

Extended Learning Opportunity Program (ELO-P)

In 2021, the ELO-P was approved by the State to provide funding for afterschool and summer school enrichment programs for kindergarten (including transitional kindergarten) through sixth grade. Local educational agencies must operate the ELO-P pursuant to the requirements in California Education Code Section 46120, including the development of a program plan. The program plan needs to be approved by the Local Educational Agency's (LEA) Governing Board in a public meeting and posted on the LEA's website. The FUSD’s Board of Education approved Expanded Learning Opportunities Program Plan at their July 27, 2022 meeting.

“Expanded Learning” means before school, after school, summer, or intersession learning programs that focus on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences. Expanded learning programs are to be pupil-centered, results driven, include community partners, and complement, but do not replicate, learning activities in the regular school day and school year. FUSD has requested that the City operate additional hours at the three current ASES sites – Brier, Cabrillo, and Grimmer Elementary Schools – to meet needs of transitional kindergarten and kindergarten (TK/K) students through the ELO-P.

DISCUSSION/ANALYSIS:

After School Education and Safety (ASES) Program

The City has been providing ASES after school services to three FUSD elementary school sites – Brier, Cabrillo, and Grimmer – in partnership with FUSD for the past five years through Agreement No. 18-0217. This ASES program offers after school opportunities to all unduplicated students. Unduplicated refers to students who are designated in one or more of the following categories: English learners, foster youth, homeless students, migrant

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Council Staff Report (ID # 4760) Meeting of December 20, 2022 Updated: 12/15/2022 9:22 AM by Alberto Quintanilla B Page 3 students and students who are free or reduced-price meal eligible under the National School Lunch Program (NSLP).

The past years have provided challenges and uncertainty during the COVID-19 pandemic.

The City aligned with FUSD mandates transitioning to a virtual program. Throughout the pandemic and pivoting back to in person programming, FUSD and the City continued a strong partnership with school principals and staff working together to provide support to the students.

The Community Services Department is uniquely situated to continue to partner with FUSD due to the ability to operate and provide learning programs that provide a well-rounded after school option focused on developing the academic, social, emotional and physical needs and interests of students through hands-on, engaging learning. Staff recommends the City continue the partnership and be a co-applicant on the After-School Education and Safety Grant Renewal Application and that FUSD will remain the fiscal agent for the program. Both Parties will work together to update the program plan and specific site plans each year for the next 3-year grant period beginning FY 2023-24 focusing on continual improvement processes. The Grant Cycle B application – beginning Fiscal Year 2023-24 – must be submitted by January 18, 2023.

As in prior years, this program will also provide the foundation for future summer programming sites, while ensuring a continuous program connection throughout the summer at the existing ASES locations - ultimately reducing the summer academic learning losses for the children in the program. In addition to the three ASES locations, FUSD continues to provide three additional sites (at no cost to the City) for summer camps at various school site locations. With this collaborative program, the City of Fremont and FUSD will continue to provide students and their families year-round.

The ASES Program Grant funding will provide up to $146,592 annually per location with a combined annual grant allocation of $439,776. The term of the ASES Program Grant is for three school years, from August 2023 through June 2026. FUSD intends to continue as Fiscal Agent for the program in collaboration with the City.

In the 2019-20 school year the City implemented a fee to cover an operating shortfall charging $10 per day for students who do not meet the free or reduced-price meal eligibility guidelines under the NSLP. With the increases to minimum wage and program supplies, the City intends to charge approximately $14 per day per student in the 2023-24 school year.

This cost is still significantly less than most afterschool programs held at other FUSD locations. The daily rate will adjust annually, as needed, to ensure that the City will cover its operating costs for this program.

Extended Learning Opportunity Program (ELO-P)

The City and FUSD staff have been in communication for the past few months to map out an initial 6-month program to be initiated in January 2023 offering unduplicated TK/K students afterschool enrichment programs at the three ASES sites. The program will run directly after TK/K release (usually 11:50 am. – depending on the school) until 6:00 p.m. providing social and emotional support, enrichment opportunities and creative expression. The City and FUSD expect to continue this partnership after the initial 6-month program and extend the agreement in one-year increments for up to five additional subsequent years.

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Council Staff Report (ID # 4760) Meeting of December 20, 2022 Updated: 12/15/2022 9:22 AM by Alberto Quintanilla B Page 4 The ELO-P program will provide a structured, safe, and supportive environment for Fremont students that meets their developmental, physical, and social-emotional needs. The City will work closely with FUSD staff to clearly align health and safety protocols and procedures with that of FUSD as well as provide pupil-centered, results driven, learning activities. The City will work collaboratively with FUSD in updating the ELO-P Plan reflecting the needs of the community and providing continuous improvement in the ELO-P.

This program will provide the foundation for future expanded learning opportunities – before school, after school, summer, or intersession learning programs. Long-term access to early education programs like ELO-P help reduce the opportunity gaps that emerge as students’ progress in school and provide early grade support for a well-rounded education in all facets of academic, socio-emotional and behavior.

Funding for ELO-P is different than the grant-funded ASES program. Funds are apportioned to school districts and charter schools based on the prior year classroom average daily attendance for TK/K through 6th and the prior year unduplicated pupil percentage.

FISCAL IMPACT:

After School Education and Safety (ASES) Program

The $439,776 grant allows for a maximum of $65,966 to cover annual administrative staffing expenses. Part-time staffing and general operating expenses will be covered through the remaining grant allocation.

Costs of the ASES Program are paid from the grant allocation or fees charged to students.

Free and reduced-price meal eligible students will have priority enrollment for ASES. The City will implement a daily fee of approximately $14 per day for any students not meeting the unduplicated classification if additional spaces are available in the program.

FUSD understands that this program must operate under a cost recovery model and it will not be sustainable if funding levels are not adequate. The City and FUSD have agreed to offset eligible costs with ELO-P funds, if needed.

Extended Learning Opportunity Program (ELO-P)

Under the proposed Agreement, FUSD will reimburse the City in an amount up to $142,750 for the three sites for supplies and staffing for 20 students at a ratio of 1 staff member to 10 students and additional compensation of $16,756 for each staff person for the 95 day program based on a ratio of 1 staff member to 10 students for over 20 student and $237.50 per child for supplies for the 95 day program for projected revenue of $257,536.

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Council Staff Report (ID # 4760) Meeting of December 20, 2022 Updated: 12/15/2022 9:22 AM by Alberto Quintanilla B Page 5

Staff recommends City Council recognize $257,536 of revenue in the Recreation Cost Center (Fund 189) and appropriate that revenue to pay for related staffing costs and expenses.

Unduplicated students will have priority enrollment for ELO-P. The City will implement a daily fee of $25 per day for any students not meeting the unduplicated classification if additional spaces in the program are available.

ENVIRONMENTAL REVIEW: The proposed agreements and grant application are not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Providing after school services to children in existing facilities will clearly not have a significant effect on the environment and, thus, CEQA does not apply, and no further environmental review is necessary.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Authorize the City Manager or her designee to submit a 3-year cycle renewal application as co-applicant with the Fremont Unified School District to collaboratively operate the State of California Department of Education for the After School Education and Safety (ASES) Program.

2. Approve and authorize the City Manager or her designee to execute Amendment No. 3 to the existing Agreement No. 18-0217 with the Fremont Unified School District for partnership and services related to the ASES Grant Program covering the next 3-year renewal cycle.

3. Approve and authorize the City Manager or her designee to enter into an Agreement with the Fremont Unified School District (FUSD) for the Extended Learning Opportunity Program (ELO-P).

4. Recognize an additional $257,536 of revenue in Recreation Cost Center (Fund 189) and appropriate it to pay for the expenses of the ELO-P.

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Fremont City Council Meeting: 12/20/22 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4762) DOC ID: 4762 A
Updated: 12/11/2022 10:52 AM by Susan Gauthier A Page 1

FACILITIES MAINTENANCE AGREEMENT FOR FREMONT SKATE PARK MAINTENANCE AND SAFETY WORK - Authorize the City Manager or Designee to Execute the Facilities Maintenance Agreement with California SkateParks Contact Persons:

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

Executive Summary: The purpose of this report is to authorize the execution of the Facilities Maintenance Agreement for the Fremont Skate Park at 40500 Paseo Padres Parkway (Central Park) to maintain the Skate Park in a safe and usable condition.

BACKGROUND: The current Fremont Skate Park opened in 2013. It is approximately an acre in size and located in Central Park adjacent to the Aqua Adventure Waterpark. The skate park includes street course, bowls, and many other features. This skate park is visited by over a hundred skaters daily and is open from dawn to dusk or until 8:00 p.m.

Over the last two fiscal years, City Park Maintenance staff has identified several areas of infrastructure failure at the skate park requiring maintenance service. Specific issues , such as broken tiles, cracked concrete, loose surfaces and wear on sealant joints, demand attention to preserve the skate park’s sustainability.

DISCUSSION/ANALYSIS: A Request for Proposals (RFP #23-012) was publicly released on October 19, 2022. The RFP remained open through November 17, 2022. The Skate Park Maintenance and Safety Work listed in the RFP included but was not limited to the following:

• Maintenance of Concrete Spalling
• Remove and Replace Broken Tiles at Skate Park Bowl
• Seal all saw cut joints
• Seal concrete cracks

The City received no proposals for RFP #23-012. Fremont Municipal Code 3.30.030 permits the City to negotiate and enter into a contract if no proposals are received by the City after the advertising period. Following this authority, City staff reached out to California SkateParks about completing the work after the advertising period of the RFP closed without receipt of any proposals. California SkateParks agreed to complete the project and City staff is recommending the City Council authorize the City Manager to executie a facilities maintenance agreement with California SkateParks for the Skate Park Maintenance and Safety Work.

If approved, the City expects the Skate Park Maintenance and Safety Work to commence in early 2023 and for the skate park to reopen in spring/summer 2023.

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Council Staff Report (ID # 4762) Meeting of December 20, 2022 Updated: 12/11/2022 10:52 AM by Susan Gauthier A Page 2 FISCAL IMPACT: All City costs associated with this agreement are included in the budget adopted through the bi-annual CIP process (PWC8501 Capital Replacement for Parks) and there will be no General Fund impact.

ENVIRONMENTAL REVIEW: The maintenance activities for the existing park play surfaces are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301, Existing Facilities. Prior to commencement of ground disturbing activities, the requirements of Fremont Municipal Code Section

18.218.050(b)(1)(Standard Development Requirements for Burrowing Owls) will be met.

ATTACHMENTS: None.

RECOMMENDATION: Authorize City Manager or designee to execute an agreement with California SkateParks to perform maintenance and safety work at Fremont Skate Park through June 30, 2024, for a total not-to-exceed amount of $219,600.

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Fremont City Council Meeting: 12/20/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4767) DOC ID: 4767
Updated: 12/15/2022 5:30 PM by Susan Gauthier Page 1
ALAMEDA COUNTY HOUSING COMMUNITY SUPPORTS CONTRACTS - Authorize the City Manager to Execute Agreements to Provide Housing Transition Navigation and Housing Tenancy and Sustaining Services; Appropriation Actions.

Contact Persons:

Name: Laurie Flores Suzanne Shenfil
Title: Homeless Services Manager Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2040 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: Medi-Cal, California’s Medicaid health care program for children and adults, is currently undergoing a transformative system change, moving away from the state funding individual services to a county led system. This system transformation is known as California Advancing & Innovating Medi-Cal (CalAIM).

As part of CalAIM, Alameda County Health Care Services Agency (HCSA) has invited the City to enter into agreements to provide homeless individuals and families with Housing Community Supports, including Housing Transition Navigation Services (HN), Tenancy, Sustaining Services (TSS) and one-time rental deposits.

Staff recommends the City Council:

Authorize the City Manager to execute a $30,000 capacity building agreement that provides the City incentives for the hiring and retaining of new care management staff;
Authorize the City Manager to execute a service agreement not to exceed $290,000, for the City to provide HN, TSS and one-time rental deposits, which may include hiring of additional homeless support personnel, to be offset through this funding source;
Approve related appropriation actions; and
making findings of CEQA exemption.

BACKGROUND: Medi-Cal is California’s Medicaid health care program. This program pays for services for children and adults with limited income and resources. Currently, the Medi- Cal program is undergoing a transformative system change, moving away from the state funding individual services, to CalAIM, with the goal of:
• improving population health using a whole person care model and social determinants of health,
• Reducing complexity and variation, and increase flexibility of services across Medi - Cal, and
• Improving quality outcomes, reducing health disparities, and modernizing systems through value-based initiatives and payment reform.

As part of this CalAIM program, HCSA’s Office of Homeless Care and Coordination is spearheading the County’s effort to expand Housing Community Supports for homeless

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Council Staff Report (ID # 4767) Meeting of December 20, 2022 Updated: 12/15/2022 5:30 PM by Susan Gauthier Page 2
populations. This program is funded through a combination of CalAIM funding via Anthem Blue Cross and Alameda Alliance for Health, as well as additional County general funds.

The Human Services department has provided Medi-Cal funded services to South County residents for many years, including mental health services, substance use disorder services and targeted Case Management services. Continuing to serve low-income clients will necessitate the City’s involvement in the CalAIM system.

DISCUSSION/ANALYSIS: HCSA currently contracts with 17 providers for Housing Community Supports including Housing Transition Navigation Services (HN), Tenancy and Sustaining Services (TSS) and one-time flexible Housing Deposits (HD) with a combined capacity to serve approximately 1,700 people at a time (1,400 TSS and 300 HN). Current capacity does not meet the need to support the more than 10,000 people experiencing homelessness at a time (approximately 2,000 of which are on County housing queues).

HCSA proposes to expand the capacity of service providers, like the City of Fremont Human Services Department, to provide CalAIM funded services, including:

• Maintaining combined strength-based housing transition navigation services and/or housing tenancy and sustaining services for homeless and formerly homeless individuals living in or transitioning to HCSA designated permanent housing units. • Administer one-time flexible housing deposits for consumers authorized by HCSA to assist with costs associated with move-in expenses.

To incentivize service providers to increase care management capacity, The County is proposing a $30,000 capacity building agreement that would reward the City for hiring and maintaining care management staff as shown in Table 1 below:

Table 1: Capacity Building Agreement Structure

Objective
Total
“Not to Exceed”
Amount
Hire 1.0 FTE care management staff $15,000
Retain 1.0 FTE care management staff for 3 months $5,000 Retain 1.0 FTE care management staff for 6 months $10,000 Total: $30,000

Ongoing, HCSA proposes a Service Agreement that would reimburse the City at a rate of $550 per client per month. HCSA has also designated up to 25 client “slots” for the City. The agreement would also provide a one-time housing deposit of up to $5,000 per client. Based on these assumptions, staff estimates an agreement not to exceed $290,000 per year, as shown in Table 2 below:

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Council Staff Report (ID # 4767) Meeting of December 20, 2022 Updated: 12/15/2022 5:30 PM by Susan Gauthier Page 3
Table 2: 2023 “Services As Needed” Agreement Structure

Rate
per client
per month
Housing
Deposit
Max Slots Months
Total
“Not to Exceed”
Amount
Services as Needed $550 25 12 $165,000
Housing Deposit $5,000 25 N/A $125,000
Total: $290,000

FISCAL IMPACT: There are no impacts to the General Fund. In order to meet required ratio of clients to care manager, the additional revenue will be used to increase care management staff hours by 1.0 FTE. The service contract will also cover the cost of housing deposits, as well as internal service and administrative overhead costs.

Staff recommends the City Council authorize the City Manager to enter into agreements with the County for capacity building and services as needed, and appropriate $320,000 to Fund 193.

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

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Authorize the City Manager or her designee to execute agreements with Alameda County including a capacity building agreement not to exceed $30,000, and a service agreement not to exceed $290,000.

2. Increase the revenue estimate in the Miscellaneous Operating Grants Fund (Fund 193) by $320,000 and appropriate the additional revenue for the purposes described in the staff report.

3. Make findings of CEQA exemption.

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Fremont City Council Meeting: 12/20/22 07:00 PM
3300 Capitol Avenue Div/Dept: Housing
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4712) DOC ID: 4712
Updated: 12/15/2022 4:03 PM by Alberto Quintanilla Page 1 ADOPTION OF LIVE / WORK PREFERENCE POLICY - CITYWIDE - Public Hearing (Published Notice) To Consider the Planning Commission’s Recommendation to Adopt an Ordinance Amending The City’s Affordable Housing Ordinance (Chapter

18.155 of the Fremont Municipal Code) To Include A Live/ Work Preference Policy For City Regulated Affordable Housing Developments, And To Consider A Finding That No Further Environmental Review is Required Pursuant To The California Environmental Quality Act (CEQA), Per, Without Limitation, Each As A Separate And Independent Basis, CEQA Guidelines Sections 15378 and 15061.

Contact Persons:

Name: Lucia Hughes Dan Schoenholz
Title: Housing Manager Community Development Director
Div/Dept: Housing Community Development
Phone: 510-494-4506 510-494-4438
E-Mail: [email protected] [email protected]

Executive Summary: The City’s longstanding practice is to require that affordable housing projects receiving City funding and/or developed pursuant to the City’s Affordable Housing Ordinance (Fremont Municipal Code (FMC) Chapter 18.155) provide a local live/work priority preference to applicants for units. This practice is based on City Council direction to ensure that affordable developments serve those living and/or working in Fremont to the maximum extent allowed by law. To-date, staff has included the live/work requirement in announcements of the availability of City funding for affordable housing. In order to strengthen the requirement and to ensure that it is transparent to all stakeholders, staff recommends that the requirement be integrated into the Affordable Housing Ordinance and apply to any projects subject to an Affordable Housing Agreement with the City. The Planning Commission voted unanimously on November 17, 2022 to recommend that Council adopt the proposed Zoning Text Amendment.

BACKGROUND: The purpose of the local live/work preference policy for affordable housing units is to remedy or mitigate the displacement and gentrification impacts that may result from development activities and increasing job opportunities in the City. The local resident preference is designed to increase the probability that current residents can remain in the community in the face of increasing market rate rents and housing prices and loss of affordable units due to the expiration of covenants restricting rents. The local worker preference for affordable housing units is to maximize the effect of an improved jobs to housing ratio by increasing local housing opportunities for local employees.

DISCUSSION/ANALYSIS: The City commissioned the preparation of the City of Fremont Residential Displacement Study Report, dated June 10, 2021. The report demonstrated that (i) the City of Fremont region has experienced and is at risk for experiencing continued significant displacement of lower-income households; (ii) a City of Fremont live/work preference is necessary to prevent additional displacement of lower-income households; (iii) a Fremont preference will not result in limits to access to housing by any in dividual protected class; and, (iv) the lower-income population that will be eligible for residency in

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Council Staff Report (ID # 4712) Meeting of December 20, 2022 Updated: 12/15/2022 4:03 PM by Alberto Quintanilla Page 2 affordable housing developments is more racially and ethnically diverse than the general population in the area.

As noted in the Housing Element of the City’s General Plan, adopted on December 2, 2014, “the ability for lower wage workers to live and work in the same city has become increasingly difficult.” Local workers that cannot access affordable housing in Fremont face longer, more costly commutes and reduced access to public transit. This can mean more sedentary time commuting and less time for physical activity, community engagement, and families. Additionally, the increased distance between affordable housing and job opportunities contributes to traffic congestion and greenhouse gas emissions.

Based upon these findings, and in continuation of the longstanding practice of providing a live/work preference at City-funded affordable housing projects, staff recommends incorporating the following into the Affordable Housing Ordinance:

Prioritization:

The following priorities should be used to evaluate applicants for affordable ownership or rental opportunities:

First Priority: Live or Work in the City of Fremont: Priority is given to eligible households with at least one member who lives or works in the City of Fremont.

Projects Subject to Live/Work Preference:

The priorities listed above are to be applied in conformance with the provisions of this policy for the following rental and ownership projects:
a. Projects receiving a financial subsidy from the City’s Affordable Housing Fund, Low and Moderate Income Housing Asset Fund, and housing funds from Federal and/or State agencies passed through to the City to the extent permitted by law. b. Housing units required as part of an Affordable Housing Agreement with the City, including, but not limited to, the City's Affordable Housing Ordinance, a Development Agreement or Density Bonus Agreement.

Applicants Considered to Live or Work in Fremont:

An applicant will be determined to live within the city if the applicant resides at a residential address physically located within the current incorporated area of Fremont and where it is the household’s place of residence. A homeless applicant will be determined to live w ithin the City of Fremont if the applicant has a nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation, or if the applicant has a nighttime residence that is a supervised public or privately operated shelter, congregate shelter, transitional housing, or temporary care facility/institution in the City of Fremont.

An applicant will be determined to work within the City of Fremont if the applicant’s source of annual income and employment is based in Fremont and if the applicant works at least 20 hours or more per week within the Fremont city limits. Employment must be by a Fremont employer that pays business tax in Fremont , at a work site in Fremont, or through operation of a Fremont-based business that pays business tax in Fremont .

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Council Staff Report (ID # 4712) Meeting of December 20, 2022 Updated: 12/15/2022 4:03 PM by Alberto Quintanilla Page 3 PLANNING COMMISSION MEETING: Staff presented the proposed changes to the ordinance to the Planning Commission at a special meeting on November 17, 2022. One public comment was received via e-mail prior to the meeting in support of the changes. The Planning Commission unanimously voted to recommend Council approval of the Zoning Text Amendment proposed by staff.

GENERAL PLAN CONSISTENCY: The proposed amendments would be consistent with the General Plan and the following policies in the Housing and Land Use Elements:

HOUSING ELEMENT POLICY 2.02: To reduce transportation costs and encourage diverse housing stock, emphasize walkable, connected neighborhoods with multiple land uses and housing types, rather than self-contained residential subdivisions with single housing types.

LAND USE ELEMENT POLICY 2-1.2: A Complete City Plan and develop Fremont’s available land supply in a way that achieves a balance between jobs and housing, matches future jobs to the capabilities of the local workforce, and provides an array of shopping choices, recreational choices, and entertainment and cultural facilities, thereby reducing the need for residents to travel outside the City.

Analysis: The proposed amendments would increase local housing opportunities for local residents and encourage a more balanced jobs to housing ratio.

FINDINGS FOR APPROVAL: In accordance with FMC Chapter 18.225, amendments to the Zoning Ordinance must be heard by both the Planning Commission and City Council. The City Council must make the following findings listed in FMC Section 18.225.050:

1. The proposed amendment is consistent with the General Plan and, where the amendment is to the text of the General Plan, it is consistent with the other policies and chapters.

Analysis: The proposed amendments would be consistent with the General Plan Land Use and Housing Elements, as enumerated in the General Plan Conformance section of the staff report.

2. The proposed amendment furthers the public interest, convenience, and general welfare of the city.

Analysis: The proposed amendments would further the public interest, convenience and general welfare of the City by encouraging a more balanced jobs to housing ratio, thereby reducing the need for residents to travel outside of the city for work.

FISCAL IMPACT: No fiscal impact

ENVIRONMENTAL REVIEW: The proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each as a separate and independent basis, (1) CEQA Guidelines Section 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment); and (2) CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no

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Council Staff Report (ID # 4712) Meeting of December 20, 2022 Updated: 12/15/2022 4:03 PM by Alberto Quintanilla Page 4 possibility that the amendments will have the potential for causing a significant effect on the environment.

ATTACHMENTS:
• Draft Ordinance Live-Work Preference Policy
• Exh A to Draft Ordinance Live-Work Preference Policy
• Informational Item 1 - Fremont Residential Displacement Study • Informational Item 2 - Public Communications

RECOMMENDATIONS:

1. Hold public hearing.

2. Find that the amendments are 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 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment; and (2) CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the amendments will have the potential for causing a significant effect on the environment.

3. Find that the proposed amendments are consistent with the General Plan, including the Housing and Land Use Element policies discussed in the staff report.

4. Find that the proposed amendments further the public interest, convenience, and general welfare of the city by encouraging a more balanced jobs to housing ratio, thereby reducing the need for residents to travel outside of the city for work.

5. Waive full reading and introduce an ordinance amending the Affordable Housing Ordinance (Fremont Municipal Code Chapter 18.155).

6. Direct staff to prepare and the City Clerk to publish a summary of the proposed ordinance.

7. Direct the City Clerk to publish a notice of public hearing to consider adoption of the ordinance in accordance with Government Code Section 6066 and 50022.3.

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Ordinance XX-2022 Page 1 of 4

ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE TITLE 18 PLANNING AND ZONING, CHAPTER 18.155 AFFORDABLE HOUSING, ADDING SECTION 18.155.095 LIVE/WORK LOCAL PREFERENCE AND MAKING FINDINGS OF CEQA EXEMPTION (CEQA GUIDELINES SECTIONS 15162, 15183, AND 15061(b)(3))

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

SECTION 1. FMC § 18.155 AMENDED

Fremont Municipal Code Title 18, Chapter 18.155, Affordable Housing is amended as attached (Exhibit A) and as summarized as follows:

Sec. 18.155.095 Title.

This section shall be known as “Live/Work Local Preference.”

SECTION 2. FMC § 18.155 AMENDED

Fremont Municipal Code Title 18, Chapter 18.155, Section 18.155.010 is amended as follows:

Sec. 18.155.010 Basis and purposes.

For purposes of this chapter, the following statements are added:
(b) (4) The ability for lower wage workers to live and work in the same city has become increasingly difficult. Local workers that cannot access affordable housing in Fremont face longer, more costly commutes and reduced access to public transit. Additionally, the increased distance between affordable housing and job opportunities contributes to traffic congestion and green-house gas emissions.

(j) The purpose of a local resident preference for affordable housing units is to remedy or mitigate the displacement and gentrification impacts that may result from development activities and increasing job opportunities in a community. A local resident preference is designed to increase the probability that current residents can remain in the community in the face of increasing market rate rents and housing prices and the loss of affordable units due to the expiration of covenants restricting rents. The purpose of a local worker preference for affordable housing units is to maximize the effect of an improved jobs to housing ratio by increasing local housing opportunities for local employees.

(k) The city commissioned the preparation of the City of Fremont Residential Displacement Study report dated June 10, 2021. The report demonstrated that (a) the City of Fremont region has experienced and is at risk of experiencing continued significant displacement of lower- income households; (b) a City of Fremont live/work preference is necessary to prevent additional displacement of lower-income households; (c) a City of Fremont live/work preference will not result in limits to access to housing by any individual protected class; and (d) the lower-income

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Attachment: Draft Ordinance Live-Work Preference Policy (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) Ordinance XX-2022 Page 2 of 4

population that will be eligible for residency in affordable housing developments is more racially and ethnically diverse than the general population in the area.

Sec. 18.155.020 Definitions.

For purposes of this chapter, the following additional definitions shall apply:
(c) “Affordable units” means living units which are required (i) under this chapter, (ii) as a condition of city financing, or (iii) otherwise pursuant to an agreement with the city, to be rented at affordable rents or to be sold at an affordable ownership costs to eligible households; provided that, in the case of city financed projects the definitions of affordable rent, affordable ownership cost, and household income have the equivalent meanings set forth in the documents evidencing city financing.
(k) “Live/work local preference” means a priority which is applied to eligible households who live or work within the city.

SECTION 3. FMC §18.155.095 ADDED
Fremont Municipal Code Title 18, Chapter 18.155, Section 18.155.095 is added to read as follows:

18.155.095 Live/Work Local Preference.
(a) The live/work local preference is to be applied when selling or leasing affordable units within rental and ownership projects. “Live/work local preference” and “affordable units” are defined in Section 18.155.020.
(b) An eligible household, as defined in Section 18.155.020, will be determined to live within the city if either of the following are true:
(1) The applicant resides at a residential address that is physically located within the current incorporated area of the city of Fremont. The city may require applicants to submit a driver license, voter registration, utility bill, vehicle registration or other evidence as proof of residency in the city.
(2) If the applicant lacks the resources and support networks to obtain housing and (A) has a nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (including a car, abandoned building, bus or train station, or camping ground) that is physically located within the current incorporated area of the city of Fremont or (B) has a nighttime residence that is a supervised public or privately operated shelter designated to provide living arrangements (including hotels and motels paid for by federal, state or local government programs for low-income individuals or by charitable organizations), congregate shelter, transitional housing, or temporary care facility/institution that is physically located within the current incorporated area of the city of Fremont. The city may require applicants to submit a letter from a homeless service or other social service provider, school enrollment record, vehicle registration, or other evidence as proof of residency in the city.

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Attachment: Draft Ordinance Live-Work Preference Policy (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) Ordinance XX-2022 Page 3 of 4

(c) An eligible household, as defined in Section 18.155.020, will be determined to work within the city if the applicant is working at least 20 hours or more per week within the incorporated area of the city. This includes applicants who have been hired or have received bona fide work offered in the city. Employment must be by an employer that pays business tax in Fremont, through operation of a city-based business that pays business tax in Fremont. Working in the city does not include self-employment consisting solely of operating a business entity established solely for the purposes of investment in a rental property. (d) The live/work local preference must be applied at both initial occupancy and subsequent sale or rental of affordable housing units during the affordability term. Waiting lists for subsequent rental of an existing affordable unit must be established and periodically updated as approved by the Housing Manager consistent with the preferences and procedures stated herein.

SECTION 4. FMC § 18.155.100 AMENDED
Fremont Municipal Code Title 18, Chapter 18.155, Section 18.155.100 is amended to add the following text:
(b) The community development director may adopt guidelines to implement this article.

SECTION 5. CEQA

The City Council determines that this ordinance 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 15162, as the proposed amendments are part of the project analyzed in the General Plan EIR and none of the circumstances necessitating preparation of a subsequent EIR pursuant to CEQA Guidelines Section 15162 are present; (2) CEQA Guidelines Section 15183, as a project consistent with the development densities and policies in the general plan and existing zoning and which does not involve any peculiar significant effects that were not previously analyzed or discussed as significant effects in prior EIRs, including the General Plan EIR (SCH#2010082060), Final Supplemental EIR for the Downtown Community Plan (SCH#2010072001 and SCH#2010082060), and the Final EIR for the Warm Springs/South Fremont Community Plan (SCH#2013032062). In addition, there are no previously identified significant effects which are substantially more severe than analyzed in the prior EIRs or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis. Any potential impact of the proposed amendments would be too speculative for reasoned analysis in the absence of specific development proposals. In addition, as a separate and independent basis, the proposed amendments are exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) in that the amendments do not have the potential to cause a significant effect on the environment.

SECTION 6. SEVERABILITY

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

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clauses or phrases be declared invalid.

SECTION 7. EFFECTIVE DATE

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

SECTION 8. PUBLICATION AND POSTING

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

The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ____ day of_______________, 2022, and finally adopted at a regular meeting of the City Council held on the ____ day of _______________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

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Attachment: Draft Ordinance Live-Work Preference Policy (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 1 of 15

EXHIBIT A TO ORDINANCE XX-2022

AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE TITLE 18 PLANNING AND ZONING, CHAPTER 18.155 AFFORDABLE HOUSING, ADDING SECTION 18.155.095 LIVE/WORK LOCAL PREFERENCE AND MAKING FINDINGS OF CEQA EXEMPTION (CEQA GUIDELINES SECTIONS 15162, 15183, AND 15061(b)(3))

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Attachment: Exh A to Draft Ordinance Live-Work Preference Policy (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY)

Fremont Municipal Code
Chapter 18.155 AFFORDABLE HOUSING

The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 2 of 15

Chapter 18.155

AFFORDABLE HOUSING
Sections:

18.155.010 Basis and purposes.

18.155.020 Definitions.

18.155.030 Basic requirement.

18.155.040 Incentives.

18.155.050 Affordable housing plan – Timing of performance.

18.155.060 Standards for on-site affordable units.

18.155.070 Continued affordability.

18.155.080 Alternatives for for-sale residential projects.

18.155.085 Alternatives for rental housing projects.

18.155.090 Establishment of affordable housing fees – Use.

18.155.095 Live/Work Local Preference

18.155.100 Enforcement.

Prior legislation: 1990 Code § 8-22177.

18.155.010 Basis and purposes.

In enacting the ordinance codified in this chapter, the city finds as follows:
(a) The Legislature of the State of California has found that the availability of housing is of vital statewide importance, and that providing decent housing for all Californians requires the cooperative participation of government and the private sector. The Legislature has further found that local governments have a responsibility to use the powers vested in them to make adequate provisions for the housing needs of all economic segments of the community. This chapter is intended to utilize the police powers of the city to enhance the public welfare by making adequate provision for the housing needs of all economic segments of the community through the cooperative participation of government and the private sector. This chapter will also ensure that market-rate housing mitigates its impacts on the need for affordable housing, assist in meeting the city’s share of the region’s housing need and help implement the goals, policies, and actions specified in the housing element of the general plan. (b) The housing element of the city’s general plan, adopted on December 2, 2014, concluded that:
(1) The shortage of affordable housing is one of the greatest challenges facing the San Francisco Bay Area.

The region’s housing costs are among the highest in the nation, potentially threatening its future economic vitality, environment, and quality of life.
(2) Fremont needs new housing to survive as a healthy city and to accommodate additional workers in its industrial and commercial areas, as well as housing for those serving the local economy. In recent years, most of the new homes constructed have been affordable to only a small fraction of the city’s population and workforce. Between 2015 and 2020, the private market did not produce sufficient unregulated housing units affordable to households earning extremely low, very low, low, or moderate incomes. (3) The city has adopted a goal of encouraging the development of affordable housing to help meet the city’s assigned share of the regional housing need and has adopted a policy of encouraging the development of a diverse housing stock that provides a range of affordability levels. To implement this goal, the city has committed to consideration of modifications to this chapter to increase the production of affordable units at all income levels; in part through production of the moderate income share on site and payment of affordable housing fees to the city to be used for development of low, very low and extremely low income households.

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Attachment: Exh A to Draft Ordinance Live-Work Preference Policy (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY)

Fremont Municipal Code
Chapter 18.155 AFFORDABLE HOUSING

The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 3 of 15

This chapter retains alternatives that allow for creativity in achieving the overall goal of producing and retaining affordable units.
(4) The ability for lower wage workers to live and work in the same city has become increasingly difficult.

Local workers that cannot access affordable housing in Fremont face longer, more costly commutes and reduced access to public transit. Additionally, the increased distance between affordable housing and job opportunities contributes to traffic congestion and green-house gas emissions. (c) The Association of Bay Area Governments is currently finalizing the regional housing needs assessment for the Bay Area region, which occurs every eight years. Fremont’s assessment is expected to more than double compared to 2015 to 2023. The assessment of affordable units is expected to represent about 60 percent of the total assessment.

The city must adopt an updated general plan housing element by January 1, 2023, that has adequate sites zoned to accommodate the assigned number of housing units to serve all income-based allocations. (d) Federal and state government programs do not provide nearly enough affordable housing or subsidies to satisfy the housing needs of moderate, low, very low, and extremely low income household s. (e) Land availability, land prices and increasing construction costs are key factors preventing development of new affordable housing. New housing construction in the city which does not include affordable units aggravates the existing shortage of affordable housing by absorbing the supply of available residential land. This further reduces the supply of land for affordable housing and increases the price of remaining residential land. Providing the affordable units and affordable housing fees required by this chapter will help to ensure that part of the city’s remaining developable land is used to provide affordable housing. At the same time, new market -rate housing contributes to the demand for goods and services in the city, increasing local service employ ment at wage levels which often do not permit employees to afford housing in the city. The “Affordable Housing Nexus Analysis, Fremont, California” study, dated October 2020 (the “Nexus Study”), prepared by Keyser -Marston Associates, Inc., quantifies the impacts of new market-rate units on the need for affordable housing in the city and the justified affordable housing fees to mitigate those impacts.
(f) An economically balanced community is only possible if part of the new housing built in the city is a ffordable to households with limited incomes. Requiring builders of new for-sale housing to include some affordable housing or to contribute to increasing the affordable housing stock in some other way is fair, not only because new development without affordable units contributes to the shortage of affordable housing but also because zoning and other ordinances concerning new housing production in the city should be consistent with the community’s goal of fostering an adequate supply of housing for households at all affordability levels and should address the need for affordable housing related to market-rate housing production. (g) In general, affordable units within each housing development would serve the goal of maintaining an economically balanced community. However, collection of affordable housing in-lieu fees from for-sale projects, instead of on-site construction of affordable housing, can be used to leverage outside funding sources for higher - density, 100 percent affordable projects, resulting in a greater number of affordable housing units that are affordable to households with extremely low, very low, and low incomes. Construction of affordable units off site and other alternatives to on-site construction may also provide affordable housing units. Consequently, the city desires to retain on-site production of moderate income units with opportunities for market-rate developers to utilize in-lieu fees and other alternatives to on-site construction.
(h) The city continues to experience the loss of affordable housing due to the expiration of covenants restricting rents in some affordable housing developments. Affordable housing fees may provide a source of financing to enable the city to preserve existing affordable housing that would otherwise be lost. (i) The limited production of rental housing and the displacement of rental housing units through conversions to residential condominiums reduce the city’s rental housing supply, which causes increased rental housing costs and decreased housing affordability. The provision of affordable units within residential condominium conversion projects provides affordable housing ownership opportunities that help offset the loss of affordable rental units.

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Attachment: Exh A to Draft Ordinance Live-Work Preference Policy (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY)

Fremont Municipal Code
Chapter 18.155 AFFORDABLE HOUSING

The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 4 of 15

(Ord. 2493 § 1, 11-26-02; Ord. 19-2006 § 3, 10-3-06; Ord. 5-2008 § 18, 4-1-08; Ord. 13-2010 § 1, 6-15-10; Ord. 10- 2015 § 1, 4-7-15; Ord. 10-2021 § 1, 11-2-21. 1990 Code § 8-22170.) (j) The purpose of a local resident preference for affordable housing units is to remedy or mitigate the displacement and gentrification impacts that may result from development activities and increasing job opportunities in a community. A local resident preference is designed to increase the probability that current residents can remain in the community in the face of increasing market rate rents and housing prices and the loss of affordable units due to the expiration of covenants restricting rents. The purpose of a local worker preference for affordable housing units is to maximize the effect of an improved jobs to housing ratio by increasing local housing opportunities for local employees.
(k) The city commissioned the preparation of the City of Fremont Residential Displacement Study report dated June 10, 2021. The report demonstrated that (a) the City of Fremont region has experienced and is at risk of experiencing continued significant displacement of lower-income households; (b) a City of Fremont live/work preference is necessary to prevent additional displacement of lower-income households; (c) a City of Fremont live/work preference will not result in limits to access to housing by any individual protected class; and (d) the lower-income population that will be eligible for residency in affordable housing developments is more racially and ethnically diverse than the general population in the area.

18.155.020 Definitions.
(a) “Affordable ownership cost” means a sales price resulting in projected average monthly housing payments, during the first calendar year of a household’s occupancy, including interest, principal, mortgage insurance, property taxes, homeowners’ insurance, homeowners’ association dues, if any, and a reasonable allowance for utilities, property maintenance, and repairs, not exceeding the following pursuant to the requirem ents of Cal. Health & Safety Code § 50052.5(b), as may be amended from time to time. Such affordable ownership cost currently is defined as follows:
(1) Moderate income households: 110 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 35 percent and divided by 12. (2) Low income households: 60 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12. (3) Very low income households: 50 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

The city may determine sales prices of affordable units by any reasonable method, so long as average mon thly housing payments of eligible households do not exceed those permitted by this subsection (a). (b) “Affordable rent” means maximum monthly rent, including fees for housing services such as use and occupancy of the unit and land and associated facilities; any separately charged fees or service charges assessed by the property owner which are customarily charged in rental housing and required of all tenants, which include parking and other than security deposits; an allowance as determined by the Alame da County Housing Authority for the cost of an adequate level of service for utilities paid by the tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable TV ; and any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than the applicant, and paid by the tenant, not exceeding the following, based on assumed household size pursuant to the Cal. Health & Safety Code § 50053(b):
(1) Extremely low income households: 30 percent of the area median income, adjusted for household size based on unit size, multiplied by 30 percent and divided by 12. (2) Very low income households: 50 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

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Attachment: Exh A to Draft Ordinance Live-Work Preference Policy (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY)

Fremont Municipal Code
Chapter 18.155 AFFORDABLE HOUSING

The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 5 of 15

(3) Low income households: 60 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12. (4) Moderate income households: 110 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12, but in no event greater than market rent. (c) “Affordable units” means living units which are required: (i) under this chapter, (ii) as a condition of city financing, or (iii) otherwise pursuant to an agreement with the city, to be rented at affordable rents or to be sold at an affordable ownership cost to eligible households; provided that, in the case of city financed projects the definitions of affordable rent, affordable ownership cost, and household income have the equivalent meanings set forth in the documents evidencing city financing.
(d) “Area median income” means median income for Alameda County, adjusted for household size, as published pursuant to California Code of Regulations, Title 25, § 6932 (or its successor provision) by the California Department of Housing and Community Development (HCD).
(e) “Assumed household size” means one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter, unless a federal standard applicable to the development requires the use of a different assumed household size, in which case the federal standard shall apply.
(f) “Construction cost index” means the Engineering News Record McGraw -Hill Construction Weekly Building Cost Index for San Francisco. If that index ceases to exist, the community development director shall substitute another construction cost index which in his or her judgment is as nearly equivalent to the original index as possible. (g) “Eligible household” means a household whose household income does not exceed the maximum specified for an extremely low, very low, low, or moderate income household defined in subsection (j) of this section, as applicable for a given affordable unit.
(h) “First approval” means the first of the following approvals to occur with respect to a residential project:
planned district approval, subdivision approval, conditional use permit, design review permit approval, other discretionary land use approval, or building permit.
(i) “For-sale project” means a residential project, or portion thereof, that includes the creation of one or more residential living units that may be sold individually, including a condominium, stock cooperative, community apartment, or attached or detached single-family home. A for-sale project also includes a residential condominium conversion project as defined in Section 18.190.060, and the creation of residential living units that may be sold individually but are initially rented rather than sold. (j) “Household income” means the combined adjusted gross income for all adult persons living in a living unit as calculated for Alameda County and adjusted for household size that is published for extremely low, very low, low, and moderate income annually in Title 25 of the California Code of Regulations, § 6932 (or its successor provision), by the State of California Department of Housing and Community Development (HCD). (k) “Live/work local preference” means a priority which is applied to eligible households who live or work within the city.
(l) “Living unit” means one or more rooms designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and bathroom facilities. (m) “Market-rate units” means new living units in residential projects which are not affordable units under subsection (c) of this section.
(n) “On-site” means at the project site.

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Fremont Municipal Code
Chapter 18.155 AFFORDABLE HOUSING

The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 6 of 15

(o) “Planning area” means a geographic boundary identified within the city’s general plan. (p) “Rental project” means a residential project, or portion thereof, that creates living units that cannot be sold individually, except that construction of any accessory dwelling unit pursuant to Section 18.190.005 shall not be considered a rental project.
(q) “Residential project” means any project containing two or more net new living units or residential lots or living units and residential lots which total two or more net new units and/or lots in combination, built pursuant to or contained in an application for a planned district, subdivision map, conditional use permit, design review permit approval, other discretionary city land use approval, or building permit. Contemporaneous construction of two or more living units on a lot, or on contiguous lots for which there is evidence of common ownership or control, even though not covered by the same city land use approval, shall also be considered a residential project. Construction shall be considered contemporaneous for all units which do not have completed final inspect ions for occupancy and which have outstanding, at any one time, any one or more of the following: planned district, subdivision map, conditional use permit, design review permit approval, or other discretionary city land use approvals, or building permits, or applications for such approval or permits. A residential condominium conversion project as defined in Section 18.190.060 is considered a residential project and is subject to this chapter. The provisions of this section shall be interpreted broadly to effect the purposes of this chapter and to prevent evasion of its terms. (Ord. 2493 § 1, 11-26-02; Ord. 20-2004 § 1, 7-27-04; Ord. 8-2005 § 2, 4-26-05; Ord. 19-2006 § 4, 10-3-06; Ord. 13-2010 § 1, 6-15- 10; Ord. 16-2011 § 1, 10-4-11; Ord. 9-2014 § 21, 3-4-14; Ord. 10-2015 § 1, 4-7-15; Ord. 01-2017 § 12, 1-3-17; Ord. 10-2021 § 1, 11-2-21. 1990 Code § 8-22171.)

18.155.030 Basic requirement.
(a) For-Sale Projects. The following basic requirements apply to all for-sale projects unless an alternative is approved pursuant to Section 18.155.080:
(1) In a for-sale residential project 15 percent of units shall be allocated as follows: At least five percent of all living units shall be made available at an affordable cost to moderate income households. Addition ally, at least 10 percent of the units shall be made available as affordable to low income households. (2) For the purpose of calculating the number of affordable units required by this section, any accessory dwelling units authorized under Section 18.190.005 and any additional units authorized as a density bonus pursuant to Chapter 18.165 shall not be counted as part of the for-sale project. (3) Affordable units provided pursuant to subsection (a)(1) of this section or provided pursuant to one of the alternatives set forth in Section 18.155.080 shall be approved and completed no later than the times prescribed in Section 18.155.050.
(4) For fractions of affordable units required in for-sale projects, the developer may either construct an additional affordable unit or pay an affordable housing fee for the fractional unit as prescribed by Section

18.155.090(b).
(b) Rental Projects. The following basic requirement applies to all rental projects unless an alternative is approved pursuant to Section 18.155.085:

In a rental housing project, at least 10 percent of all living units shall be made available at an affordable cost to low income households. Where the calculation of the required number of affordable units results in a fraction of a unit, the applicant is required to provide one additional unit if the fraction is at or above 0.5. If the fraction is below 0.5, no additional unit nor fee is required for the fractional unit. (c) For residential projects that include both a for-sale project and a rental project, the provisions of subsection (a) of this section shall apply to the for-sale project, and the provisions of subsection (b) of this section shall apply to the rental project. (Ord. 2493 § 1, 11-26-02; Ord. 13-2010 § 1, 6-15-10; Ord. 16-2011 § 2, 10-4-11; Ord. 9-2014 § 21, 3-4-14; Ord. 10-2015 § 1, 4-7-15; Ord. 01-2017 § 13, 1-3-17; Ord. 10-2021 § 1, 11-2-21. 1990 Code § 8-22172.)

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Fremont Municipal Code
Chapter 18.155 AFFORDABLE HOUSING

The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 7 of 15

18.155.040 Incentives.
(a) Residential projects that include on-site affordable units in compliance with this chapter and that do not request a density bonus or other incentives pursuant to Chapter 18.165 may receive the following incentives:
(1) Subject to approval of the community development director or designee, affordable units may have different interior finishes and features than market-rate units in the same residential project, so long as the finishes and features are durable, of good quality and consistent with contemporary standards for new housing.

Notwithstanding the above, all such units shall meet the criteria set forth in Section 18.155.060. (2) In a residential project which contains attached multi-story living units, affordable units may contain only one story.
(b) Residential projects that include on-site affordable units in compliance with this chapter and request a density bonus or other incentives pursuant to Chapter 18.165 may receive incentives as specified in Chapter 18.165. (Ord. 2493 § 1, 11-26-02; Ord. 8-2005 § 2, 4-26-05; Ord. 19-2006 § 5, 10-3-06; Ord. 13-2010 § 1, 6-15-10; Ord. 16-2011 § 3, 10-4-11; Ord. 10-2015 § 1, 4-7-15; Ord. 10-2021 § 1, 11-2-21. 1990 Code § 8-22173.)

18.155.050 Affordable housing plan – Timing of performance. (a) Affordable Housing Plan.
(1) An application for the first approval of a residential project shall include an affordable ho using plan describing how the project will comply with the provisions of this chapter. The affordable housing plan shall be processed concurrently with all other applications required for the residential project. As an alternative to compliance with the basic provisions included in Section 18.155.030, an applicant for a for-sale project may propose one or a combination of the alternatives listed in Section 18.155.080 as part of the affordable housing plan and an applicant for a rental project may propose the alternative listed in Section 18.155.085 or a combination of rental units and the payment of a portion of the affordable housing fees. (2) The affordable housing plan shall be considered by and acted upon by the approval body with authority to approve the residential project. Before approving the affordable housing plan, the approval body shall consider whether the affordable housing plan conforms to this chapter. The approval body may approve an alternative or a combination of alternatives listed in Section 18.155.080 or 18.155.085 if it concludes that the alternative conforms to the applicable standards in the relevant subsection(s) of Section 18.155.080 or 18.155.085. If the affordable housing plan contains affordable units, timing requirements and o ccupancy of the affordable units shall be established at a ratio proportional to the timing and occupancy of the market-rate units within the residential project. The approval body may also modify the timing requirements for construction and occupancy of market-rate units to accommodate phasing schedules, model variations, or other factors, if the approval body determines this will provide greater public benefit. If an approval body modifies the timing requirements and occupancy of affordable units in a residential project resulting in an occupancy ratio of market-rate units proportionally exceeding the timing requirements for construction and occupancy of the affordable units, the city may require that completion of the affordable units be further secured b y the applicant’s agreement to pay an affordable housing in-lieu fee in the amount due under Sections 18.155.080 and/or 18.155.085. In the event the affordable units are not timely completed, the city shall transfer the deposited affordable housing fees to the city of Fremont affordable housing development fund. (3) Conditions to carry out the purposes of this chapter shall be imposed on the first approval for a residential project. Additional conditions regarding the approved affordable housing plan may be imposed on later city approvals or actions, including without limitation development agreement, planned district approvals, subdivision approvals, conditional use permits, and building permits. (4) An approved affordable housing plan which includes affordable units within a residential project or within a building phase of a residential project, where phasing has been approved as part of discretionary project approvals, may be amended prior to issuance of any building permit for the residential proje ct or building phase, if applicable. If the applicant desires any modification to the approved affordable housing plan, an

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Fremont Municipal Code
Chapter 18.155 AFFORDABLE HOUSING

The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 8 of 15

application shall be submitted by the applicant to revise the approved affordable housing plan that is subject to review and action by the approval body that previously approved. Any proposed amendment to an approved affordable housing plan must be made prior to issuance of building permit for the residential project or a building phase of the residential project.
(5) Residential project applications deemed complete for processing prior to December 2, 2021, may continue to fulfill the requirements of their approved affordable housing plans including use of the previously established fee structure in effect at the time of their residential project application deemed complete. Fees established under this fee structure will be adjusted annually as set forth in Section 18.155.090. (b) Affordable Housing Agreement.
(1) In all residential projects, affordable housing agreements acceptable to the community development director, and consistent with the requirements of state law and this chapter, shall be recorded against the project prior to approval of any final or parcel map, or issuance of any building permit, whichever occurs first.

However, if the project’s affordable housing obligation will be met entirely through the payment of affordable housing in-lieu fees, no affordable housing agreement need be recorded. For the purposes of this subsection (b), in the case where an early final or parcel map is proposed to facilitate phasing and/or financing of the residential project, or a building permit is proposed for site preparation, grading, and clearance, recording of an acceptable affordable housing agreement may be delayed, subject to the discretion of the community development director. If recording of an affordable housing agreement is delayed for the reason of an early final or parcel map, the community development director shall require the recordation of an agreement against all parcels created or adjusted by an early final or parcel map to ensure that certain ongoing conditions and restrictions related to the approved affordable housing plan, including phasing, completion, and occupancy, shall be met. In any case, an acceptable affordable housing agreement shall be completed and accepted by the community development director prior to issuance of a building permit for construction of any market-rate unit in the residential project.
(2) The affordable housing agreement shall specify the number, type, location, size, and phasing of all affordable housing units, provisions for income certification and screening of potential purchasers or renters of units, and resale control mechanisms, including the financing of ongoing administrative and monitoring costs, consistent with the approved affordable housing plan, as determined by the community development director. (c) Issuance of Building Permits. In any residential project, no building permit shall be issued for any market -rate unit until the permittee has either:
(1) Obtained permits for on-site affordable units sufficient to meet the requirements of the affordable units sufficient to meet the requirements of the affordable housing agreement; or (2) Paid affordable housing fees consistent with city-adopted procedures for payment; or (3) Received certification from the community development director that the permittee has met, or made arrangements satisfactory to the city to meet, an alternative requirement of Section 18.155.08 0 or 18.155.085. (d) Final Inspections for Occupancy. In any residential project, unless modified by a development agreement or other approvals, including an approved affordable housing plan, no final inspections for occupancy of any market - rate unit shall be completed until the permittee has either:
(1) Completed construction of on-site affordable units sufficient to meet the requirements of the affordable housing agreement; or
(2) Paid affordable housing fees consistent with city-adopted procedures for payment; or

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Fremont Municipal Code
Chapter 18.155 AFFORDABLE HOUSING

The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 9 of 15

(3) Completed corresponding alternative performance under Section 18.155.080 or 18.155.085. (Ord. 16- 2011 § 4, 10-4-11; Ord. 10-2015 § 1, 4-7-15; Ord. 10-2021 § 1, 11-2-21. 1990 Code § 8-22174.)

18.155.060 Standards for on-site affordable units.

Except as provided in Section 18.155.040 on-site affordable units shall be comparable to the market-rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction.

Affordable unit size should be generally representative of the unit sizes within the market-rate portion of residential projects, as acceptable to the community development director or designee. Interior features and finishes in affordable units shall be durable, of good quality and consistent with contemporary standards for new housing. The affordable units shall be dispersed throughout the residential project in a manner acceptable to the community development director except that for an approved affordable housing plan that includes for-sale affordable units located outside of the project site as an alternative provided under Section 18.155.080. (Ord. 2493 § 1, 11 -26-02; Ord. 19-2006 § 7, 10-3-06; Ord. 13-2010 § 1, 6-15-10; Ord. 16-2011 § 5, 10-4-11; Ord. 10-2015 § 1, 4-7-15; Ord. 10-2021 § 1, 11-2-21. 1990 Code § 8-22175.)

18.155.070 Continued affordability.
(a) The initial and subsequent sales price of for-sale projects must be set at affordable ownership cost. The community development director may, from time to time, establish affordable ownership cost in compliance with the requirements of this chapter and based on reasonably available data. (b) For affordable ownership units, resale restrictions, deeds of trust and/or other documents acceptable to the community development director, all consistent with the requirements of this chapter, shall be recorded against the affordable units prior to sale of the units. For affordable rental units, a rent regulatory agreement consistent with the requirements of this chapter shall be recorded against the rental project prior to building permit issuance. (c) The forms of affordable housing agreements, resale restrictions, deeds of trust, rent regulatory agreements, and/or other documents authorized by this chapter, and any change in the form of any such document which materially alters any policy in the document, shall be approved by the city attorney and the community development director prior to being executed with respect to any residential project. (d) The documents required by subsection (b) of this section for affordable ownership units shall be for a term of a minimum of 30 years or longer as determined appropriate by the community development director. In the case of ownership affordable units that are transferred during the required term, renewed restrictions shall be entered into on each change of ownership with a minimum of a 30-year renewal term. (e) Affordable units which are initially owner-occupied shall not be rented by the owner, except in cases of substantial hardship including, but not limited to, active military duty and illness, and on specified terms as provided in a resale restriction agreement or other agreement acceptable to the community development director. (f) The maximum sales price permitted on resale of an affordable unit designated for owner-occupancy shall be the lower of: (1) fair market value; or (2) the seller’s lawful purchase price, increased by the rate of increase of area median income during the seller’s ownership. The sales price may also be modified to account for capital improvements made by the seller and deferred maintenance. The resale restrictions shall provide an option to the city to purchase any affordable owner-occupancy unit at the maximum price set forth in Section 18.155.020(a) or the appraised value, whichever is lower, that could be charged to a purchaser household, at any time the owner proposes sale.
(g) No household shall be permitted to begin occupancy of a unit which is required to be affordable under this chapter unless the city has approved the household’s eligibility, or has failed to make a determination of eligibility within the time or other limits provided by an affordable housing agreement, rent regulatory agreement, or resale restrictions. If the city maintains a list of, or otherwise identifies, eligible households, initial and subsequent occupants of affordable units shall be selected first from the list of identified households, to the maximum extent possible, in accordance with rules approved by the community development director.

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Fremont Municipal Code
Chapter 18.155 AFFORDABLE HOUSING

The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 10 of 15

(h) If the city has failed to identify an eligible buyer for initial sale of an affordable unit which is intended for owner-occupancy 90 days after the unit receives a completed final inspection for occupancy, u pon 90 additional days’ notice to the city and on satisfaction of such further conditions as may be included in city-approved restrictions (such as a further opportunity to identify an eligible buyer, sale to a nonprofit affordable housing organization, or additional marketing by owner), the owner may sell the unit at a fair-market value and shall pay the city an amount equal to the difference between the sales price and the affordable ownership cost.

The amount paid to the city shall be deposited into the city of Fremont affordable housing development fund. After such a sale, the unit shall not be subject to any requirement of this chapter. (Ord. 2493 § 1, 11 -26-02; Ord. 20-2004 § 3, 7-27-04; Ord. 19-2006 § 8, 10-3-06; Ord. 13-2010 § 1, 6-15-10; Ord. 16-2011 § 5, 10-4-11; Ord. 9-2014 § 21, 3- 4-14; Ord. 10-2015 § 1, 4-7-15; Ord. 10-2021 § 1, 11-2-21. 1990 Code § 8-22176.)

18.155.080 Alternatives for for-sale residential projects.

As an alternative to compliance with the other provisions of this chapter, an applicant proposing a for-sale residential project may propose one or a combination of the following alternatives as part of its affordable housing plan submitted with the first approval of the project. The approval authority may approve the alternative if the alternative conforms to the standards in the relevant subsection. Any affordable units provided by an applicant pursuant to one of the following alternatives shall comply with the standards specified in this chapter, including without limitation Section 18.155.070, Continued affordability, and shall be roughly equivalent in value to the basic requirement specified in Section 18.155.030.
(a) Affordable housing in-lieu fee only: For a for-sale project, the applicant may pay an affordable housing fee to mitigate the impacts of the project in lieu of construction of units affordable to low income and moderate income households on site. No affordable housing fee shall be imposed on accessory units and density bonus units. The levels of the fee and eligible uses of the fee by the city are set forth in Section 18.155.090. (b) Affordable housing in-lieu fee plus construction of on-site moderate income units: For a for-sale project, the applicant may construct five percent of on-site units affordable to moderate income households as described in Section 18.155.070 and pay an affordable housing fee to mitigate the impacts of the project in lieu of construction of units affordable to low income households on site. No affordable housing fee shall be imposed on m oderate income units, accessory units, and density bonus units. The levels of the fee and eligible uses of the fee by the city are set forth in Section 18.155.090.
(c) Voluntary Provision of Affordable Rental Units. Where ownership affordable units are required in a for-sale project by Section 18.155.030(a), and where applicants are constructing a project that includes a mix of for-sale and rental (i.e., housing without a subdivision map), the applicant may propose to meet the affordable housing obligati on entirely by providing affordable rental units if the proposal meets all of the following conditions:
(1) At least 7.5 percent of all living units in the residential project shall be exclusively offered for rent to low income households and 7.5 percent of all living units in the residential project shall be exclusively offered for rent to very low income households. Variations focusing provision of units towards very low and low income households or that provide a higher total percentage of affordable units may be considered. For the purpose of calculating the number of affordable units required by this section, any accessory dwelling units authorized under Section 18.190.005 and any additional units authorized as a density bonus pursuant to Chapter 18 .165 shall not be counted as part of the for-sale project.
(2) The affordable rental units shall be integrated with the proposed residential project and shall be comparable in infrastructure (including sewer, water and other utilities), construction qua lity, exposure to environmental conditions, access to amenities, and exterior and interior design to the market-rate units, including the number of bedrooms per unit. Interior features and finishes in affordable units shall be durable, of good quality and consistent with contemporary standards for new housing. (3) A rent regulatory agreement establishing affordable rents acceptable to the community development director, consistent with the requirements of this chapter, shall be recorded on the property t itle against the

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Fremont Municipal Code
Chapter 18.155 AFFORDABLE HOUSING

The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 11 of 15

residential project containing the affordable rental units prior to or concurrent with building permit issuance for any living unit in the residential project.
(4) The community development director may, from time to time, establish affordable rents in compliance with the requirements of this chapter and based on recently available data. (d) Off-Site Construction. The applicant, or an entity controlled by the applicant, or another entity that has entered into an agreement with the applicant to provide affordable housing, may propose to construct affordable units on another site. The city may allow off-site construction if the proposal meets all of the following conditions:
(1) The off-site affordable units shall be constructed either within the same planning area as the residential project, within the city center, downtown or Warm Springs Innovation districts, or within a one -mile radius of the existing Fremont BART and Centerville stations, or the planned Irvington BART station; (2) Financing or a viable financing plan, which may include public funding, shall be in place for the off-site affordable units; and
(3) Construction of the off-site affordable units may not have commenced prior to the first approval of the residential project.

Final inspections for occupancy of the market-rate units will be granted only after final inspections are completed for the off-site affordable units related to those market-rate units. However, the timing requirements set forth in this subsection may be modified by the approval body as provided in Section 18.155.050(a). Prior to issuance of any building permit for any of the market-rate units of the residential projects, the city may require that completion of off-site affordable units be further secured by the applicant’s agreement to pay an affordable housing fee in the amount due under subsection (a) of this section in the event the off-site units are not timely completed. (e) Property Dedication. The applicant may propose to dedicate, without cost to the city, property within or contiguous to the residential project sufficient to accommodate at least the required affordable units for the residential project. The city may approve property dedication pursuant to this subsection only if the pro posal meets all of the following conditions at the discretion of the community development director:
(1) The number of affordable units to be constructed on the dedicated prop erty shall be at least 10 percent greater than the number of affordable units required under Section 18.155.030(a), or the affordable units to be constructed on the dedicated property shall provide units affordable to households in a lesser income category than required under Section 18.155.070(a) (for example, low income units rather than moderate income units); and
(2) Financing or a viable financing plan, which may include public funding, shall be in place for construction of the affordable units on the dedicated property; and
(3) The property to be dedicated shall be suitable for construction of affordable housing at a feasible cost, shall be served by utilities, streets and other infrastructure, and shall have no hazardous materials or other conditions that constitute material constraints on development of affordable housin g on the property.

The property shall be dedicated to the city prior to issuance of any building permit for the residential project for which it is serving as the affordable housing alternative. (f) Purchase of Existing Market-Rate Units.
(1) To provide the affordable units required by this chapter, the applicant may propose to purchase existing market-rate units, that may be sold individually, and convert the market-rate units to affordable ownership units. The city may approve a proposal for purchase and conversion of existing market-rate units if the proposal meets all of the following conditions:

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Fremont Municipal Code
Chapter 18.155 AFFORDABLE HOUSING

The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 12 of 15

(A) The market-rate units to be converted to affordable units shall be located in a residential project that is not subject to any existing affordability covenants except covenants restricting other converted market-rate units in the development pursuant to this subsection (f); and (B) The market-rate units to be converted to affordable units shall either:
(i) When purchased by the applicant, be in the process of foreclosure, including properties with a recorded notice of default, notice of sale, or where the foreclosure process has been completed and title transferred to the lender; or
(ii) Be purchased through a lender-approved short sale no more than 24 months before approval of the residential project; or
(iii) Require substantial rehabilitation equal to at least 25 percent of the after -rehabilitation value of the property, inclusive of land value; and
(C) The market-rate units to be converted to affordable units shall be located either within the same planning area as the residential project, within the city center, downtown or Warm Springs Innovation districts, or within a one-mile radius of an existing rail transit station; and (D) The affordable housing plan shall include a plan for funding long-term financial sustainability of the market-rate units to be converted to affordable units, including, among other things, increases in homeowners’ association fees, special assessments and maintenance costs; and (E) Any existing tenants in the market-rate units to be converted to affordable units shall be eligible to remain in the units; or the applicant shall provide relocation assistance pursuant to Cal. Gov’t Code § 7260 et seq.
(2) In reviewing a proposal for conversion of market-rate units to affordable units, the city’s desires are:
(A) The units be sold at affordable ownership cost to low income households; and (B) No more than 15 percent of the units in any one common interest development be converted to affordable units; and
(C) In addition, the city encourages applicants to provide market-rate units with three or more bedrooms for conversion.
(3) The affordable housing agreement shall contain provisions for purchase, rehabilitation, if required, sale, and long-term financial sustainability of the converted market-rate units. (4) If the converted market-rate units are not available for sale to eligible households prior to issuance of building permits for the market-rate units in the residential project, the applicant shall deposit affordable housing in-lieu fees in accordance with subsection (a) of this section with the city. The city shall transfer the deposited affordable housing fees to the city of Fremont affordable housing development fund if the market- rate units to be converted to affordable units are not available for sale to eligible households by the earlier of the following:
(A) Eighteen months after issuance of the first building permit for the residential project, except that the community development director may approve an extension for up to six months if he or she determines that the developer is proceeding in good faith and that the converted market -rate units will be available for sale within six months; or
(B) Approval of final inspection for occupancy of more than 50 percent of the market-rate units in the residential project.

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Fremont Municipal Code
Chapter 18.155 AFFORDABLE HOUSING

The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 13 of 15

The timing requirements set forth in this subsection may be modified by the approval body as provided in Section 18.155.050(a).
(g) Preservation of Affordable Units at Risk of Loss. The applicant may propose to preserve existing affordable units at risk of loss to provide the affordable housing required by this chapter. The city may approve preservation of affordable units at risk of loss pursuant to this subsection only if the proposal meets all of the following conditions:
(1) The affordable units to be preserved shall be affordable to low income and very low income households; and
(2) The term of affordability shall be extended for a minimum of 55 years for rental affordable units and for a minimum of 30 years for ownership affordable units; and (3) The affordable units to be preserved shall be shown as at risk of loss in the housing element of the cit y’s general plan, or the city council must find at a public hearing that the affordable units are eligible to, and reasonably expected to, convert to market-rate units in the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use; and (4) Prior to occupancy of the residential project, the affordable units to be preserved shall be in decent, safe and sanitary condition and in compliance with all codes.

No building permit shall be issued for any units in the residential project until regulatory agreements acceptable to the community development director have been recorded to extend the term of affordability for the affordable units at risk of loss as required by this subsection. (Ord. 10-2015 § 1, 4-7-15; Ord. 27-2016 § 24, 12-6-16; Ord. 01-2017 § 14, 1-3-17; Ord. 10-2021 § 1, 11-2-21.)

18.155.085 Alternatives for rental housing projects.

As an alternative to compliance with the other provisions of this chapter, an applicant proposing a rental resid ential project may propose the following alternative as part of its affordable housing plan submitted with the first approval of the project. The approval authority shall approve the alternative if the alternative conforms to the standards in the relevant subsection.
(a) Affordable Housing In-Lieu Fee. For a rental project, the applicant may pay an affordable housing fee to mitigate the impacts of the project in lieu of construction of units affordable to low income households on site. No affordable housing fee shall be imposed on accessory units and density bonus units. The levels of the fee and eligible uses of the fee by the city are set forth in Section 18.155.090. (Ord. 10 -2015 § 1, 4-7-15; Ord. 10-2021 § 1, 11-2-21.)

18.155.090 Establishment of affordable housing fees – Use. (a) Affordable housing fees shall be set by city fee resolution or other action of the city council. Fees may be based on a fee per market-rate unit, fee per square foot, or any other reasonable basis. The city council may re view the fees from time to time at its sole discretion and, based on that review, may adjust the fee amount within the range justified by the most recently adopted Nexus Study and shall not exceed the cost of mitigating the impact of market - rate housing on the need for affordable housing in the city. The affordable housing fee amounts set forth for projects deemed complete prior to December 2, 2021, shall be adjusted once each fiscal year by the community development director based on the annual percentage increase or decrease in the construction cost index; provided, that any increased adjustment does not exceed the amounts justified by the most recently adopted Nexus Study. (b) If an applicant provides on-site affordable units and elects to pay affordable housing in-lieu fees for a fractional unit pursuant to Section 18.155.030(a)(4), the fractional in-lieu fee payment shall be calculated as follows: fractional unit/total affordable unit requirement × per square foot fee × total habitable square footage in the project. Where moderate income units are being provided on site and a fractional unit obligation for moderate income is being satisfied with an in-lieu fee payment, then the applicable per square foot fee for purposes of the calculation is the moderate income component of the in-lieu fee and the applicable total affordable unit requirement is the number of

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Attachment: Exh A to Draft Ordinance Live-Work Preference Policy (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY)

Fremont Municipal Code
Chapter 18.155 AFFORDABLE HOUSING

The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 14 of 15

moderate income units required. Where low income units are being provided on site, and a fractional unit obligation for low income units is being satisfied with an in-lieu fee payment, then the applicable per square foot fee for purposes of the calculation is the low income component of the in-lieu fee and the applicable total affordable unit requirement is the number of low income units required.

The community development director may have the authority to review and modify the formula for calculating fractional units as he/she determined as appropriate which shall be available to the public and may be attached as an exhibit to the fee schedule.
(c) All fees collected under this chapter shall be deposited into a separate account to be designated the city of Fremont affordable housing development fund.
(d) A residential project that would result in demolition of existing residential units shall not be entitled to a fee credit for the demolished units and new units shall be assessed based upon their full square footage. Residential units that are retained shall not be charged a fee but will be charged for any expanded square footage. (e) The fees collected under this chapter and all earnings from investment of the fees shall be expended exclusively to provide or assure continued provision of affordable housing in the city through acquisition, construction, development assistance, rehabilitation, financing, or other methods, and for costs of administering these programs. A maximum of five percent of the fund may be used for administrative costs directly related to the provision of affordable housing financed by the fund. The housing shall be of a type, or made affordable at a cost or rent, for which there is a need in the city and which is not adequately supplied in the city by private housing development in the absence of public assistance and to the extent feasible shall be utilized to provide f or low, very low, and extremely low income housing. (Ord. 2493 § 1, 11-26-02; Ord. 13-2010 § 1, 6-15-10; Ord. 10-2015 § 1, 4- 7-15; Ord. 08-2017 § 7, 6-6-17; Ord. 10-2021 § 1, 11-2-21. 1990 Code § 8-22178.)

18.155.095 Live/Work Local Preference.
(a) The live/work local preference is to be applied when selling or leasing affordable units within rental and ownership projects. “Live/work local preference” and “affordable units” are defined in Section 18.155.020. (b) An eligible household, as defined in Section 18.155.020, will be determined to live within the city if either of the following are true:
(1) The applicant resides at a residential address that is physically located within the current incorporated area of the city of Fremont. The city may require applicants to submit a driver license, voter registration, utility bill, vehicle registration or other evidence as proof of residency in the city. (2) If the applicant lacks the resources and support networks to obtain housing and (A) has a nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (including a car, abandoned building, bus or train station, or camping ground) that is physically located within the current incorporated area of the city of Fremont or (B) has a nighttime residence that is a supervised public or privately operated shelter designated to provide living arrangements (including hotels and motels paid for by federal, state or local government programs for low- income individuals or by charitable organizations), congregate shelter, transitional housing, or temporary care facility/institution that is physically located within the current incorporated area of the city of Fremont . The city may require applicants to submit a letter from a homeless service or other social service provider, school enrollment record, vehicle registration, or other evidence as proof of residency in the city. (c) An eligible household, as defined in Section 18.155.020, will be determined to work within the city if the applicant is working at least 20 hours or more per week within the incorporated area of the city. This includes applicants who have been hired or have received bona fide work offered in the city. Employment must be by an employer that pays business tax in Fremont, through operation of a city-based business that pays business tax in Fremont. Working in the city does not include self-employment consisting solely of operating a business entity established solely for the purposes of investment in a rental property.

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Attachment: Exh A to Draft Ordinance Live-Work Preference Policy (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY)

Fremont Municipal Code
Chapter 18.155 AFFORDABLE HOUSING

The Fremont Municipal Code is current through Ordinance 07-2022, passed June 21, 2022.

Exhibit A to Ordinance XX-2022 Page 15 of 15

(d) The live/work local preference must be applied at both initial occupancy and subsequent sale or rental of affordable housing units during the affordability term. Waiting lists for subsequent rental of an existing affordable unit must be established and periodically updated as approved by the Housing Manager consistent with the preferences and procedures stated herein.

18.155.100 Enforcement.
(a) The city attorney shall be authorized to enforce the provisions of this chapter, and all developer and regulatory agreements and resale controls placed on affordable units, by civil action and any other proceeding or method permitted by law.
(b) The community development director may adopt guidelines to implement this article. (c) Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any applicant or owner from the requirements of this chapter. (Ord. 2493 § 1, 11-26-02; Ord. 13-2010 § 1, 6-15-10; Ord. 10-2015 § 1, 4-7-15; Ord. 10-2021 § 1, 11-2-21. 1990 Code § 8-22179.)

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Attachment: Exh A to Draft Ordinance Live-Work Preference Policy (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY)

bae urban economics

Fremont Residential Displacement Study Report
Prepared for the City of Fremont
June 10, 2021

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) bae urban economics
San Francisco Sacramento Los Angeles Washington DC New York City 2560 9th St., Suite 211 803 2nd St., Suite A 448 South Hill St., Suite 701 1140 3rd St. NE, 2nd Floor 234 5th Ave.

Berkeley, CA 94710 Davis, CA 95616 Los Angeles, CA 90013 Washington, DC 20002 New York, NY 10001 510.547.9380 530.750.2195 213.471.2666 202.588.8945 212.683.4486 www.bae1.com

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Table of Contents
EXECUTIVE SUMMARY ................................ ................................ ................................ ................ i INTRODUCTION ................................ ................................ ................................ .......................... 1 FREMONT DEMOGRAPHIC AND HOUSING TRENDS OVERVIEW ................................ ................ 2 Demographic Snapshot ............................................................................................................... 2 Alameda County Income Limits ................................................................................................... 4 Income Level by Race and Ethnicity ........................................................................................... 5 Housing Stock............................................................................................................................... 6 DISPLACEMENT ANALYSIS ................................ ................................ ................................ ........ 7 Multifamily Rent Trends ............................................................................................................... 8 Affordability of Multifamily Rental Market .................................................................................. 9 Multifamily Rental Vacancy Rate ............................................................................................. 10 Home Sale Price Trends ........................................................................................................... 11 Affordability of For-Sale Housing Market ................................................................................. 12 Housing Cost Burden ................................................................................................................ 15 Cost Burden by Race and Ethnicity .......................................................................................... 17 Overcrowding ............................................................................................................................. 18 Housing Choice Voucher Usage ............................................................................................... 19 Overall Residential Vacancy ..................................................................................................... 20 Change in Lower-Income Households ..................................................................................... 21 Change in Lower-Income Renter Households ......................................................................... 23 Housing Unit Type by Tenure .................................................................................................... 25 Affordable Housing Inventory ................................................................................................... 26 Recent Housing Unit Growth .................................................................................................... 27 School District Enrollment Trends ............................................................................................ 28 Special Needs Populations and Households........................................................................... 30 Displacement Risk for Special Needs Households ................................................................. 31 Commute Trends ....................................................................................................................... 33 Service Provider Survey Responses ......................................................................................... 34 Quotes from local Social Service Providers ............................................................................. 35 SUMMARY OF FINDINGS ................................ ................................ ................................ ......... 36

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List of Tables
Table 1: Housing Units by Type, 2010-2020 .................................................................................. 6 Table 2: Affordability of Market Rate Single-Family Homes, Fremont, 2020 ............................. 13 Table 3: Affordability of Market Rate Condominiums/Townhomes, Fremont, 2020 ................. 14 Table 4: Housing Unit Overcrowding, 2015-2019 ........................................................................ 18 Table 5: Households by HUD Area Median Family Income (HAMFI) Level, 2010-2017 ............ 22 Table 6: Renter Households by HUD Area Median Family Income (HAMFI) Level, 2010-2017 23 Table 7: Type of Housing by Tenure, 2015-2019 ......................................................................... 25 Table 8: Change in Fremont Workers by Place of Residence, 2010-2018 ................................ 33

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List of Figures
Figure 1: Fremont and Alameda County Demographic Snapshot ................................................. 3 Figure 2: 2020 Income Limits, Alameda County ............................................................................ 4 Figure 3: Household Income Level by Race and Ethnicity, Fremont, 2013-2017 ....................... 5 Figure 4: Average Multifamily Asking Rents, Q1 2010-Q1 2021 .................................................. 8 Figure 5: Affordability of Market-Rate Rental Housing in Fremont, 2020 .................................... 9 Figure 6: Multifamily Rental Vacancy Rate, Q1 2010-Q3 2020 .................................................. 10 Figure 7: Ratio of Median Home Sale Prices to Area Median Income for a Four-Person Household, 2012-2020.................................................................................................................. 11 Figure 8: Growth in Cost-Burdened Lower Income Renter Households, 2010-2017 ................ 15 Figure 9: Cost-Burdened Fremont Lower Income Renter Households, 2013-2017 .................. 16 Figure 10: Cost-Burdened Alameda Co. Lower Income Renter Households, 2013-17 ............. 16 Figure 11: Housing Cost Burden by Race and Ethnicity, Renter Households in Fremont, 2013- 2017 ................................................................................................................................................ 17 Figure 12: Housing Authority of the County of Alameda (HACA) Housing Choice Vouchers, March 2010-March 2020 .............................................................................................................. 19 Figure 13: Residential Vacancy Rate, 2010-2020 ....................................................................... 20 Figure 14: Change in Lower-Income Renter Households by Race and Ethnicity, 2010-2017 .. 24 Figure 15: Fremont 2015-2023 RHNA Progress .......................................................................... 26 Figure 16: Change in Housing Units, Fremont, 2010-2020 ........................................................ 27 Figure 17: New Housing Unit Growth by Type, 2010-2020 ......................................................... 27 Figure 18: Socioeconomically Disadvantaged Students by Ethnicity, Fremont Unified School District, 2019-20 ............................................................................................................................ 28 Figure 19: Fremont Unified School District Enrollment, 2014-15 to 2020-21 .......................... 29 Figure 20: Special Needs Populations and Households, Fremont .............................................. 30 Figure 21: Income Distribution by Household Type, Fremont, 2013-2017 ................................ 31 Figure 22: Housing Cost Burden Among Lower-Income Renters (up to 80% of AMI) Households in Fremont ....................................................................................................................................... 32 Figure 23: Service Provider Survey Responses ............................................................................ 34

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EXECUTIVE SUMMARY
This study finds that lower -income Fremont residents have been experiencing residential displacement and are at risk of additional displacement pressure, to a greater extent than lower- income residents in Alameda County overall. The report demonstrates that re sidential displacement has occurred and is at high risk of continuing to occur without additional affordable units being prioritized for lower-income Fremont workers and residents.

KEY FINDINGS

Affordable rents for households with incomes equal to 60 percent of the area median income, the highest income level served by units funded through Measure A1 funds, are at least $400 per month lower than the average market-rate rent. For many lower -income households, the gap between the affordable rent and typical market-rate rents is significantly higher.

Lower Income
Fremont
Renters
Lower-Income
Alameda County
Renters

Housing Condition
85% 77% High housing cost burden
21% 13% Living in over-crowded conditions
High housing cost burden and overcrowding are indicators that households are struggling to afford housing and could be at risk of displacement.

The overwhelming majority of Fremont residents that would be eligible for units funded through Alameda County Measure A1 affordable housing funds are likely at risk of displacement due to high housing costs.

Market-rate rents in Fremont have increased substantially in recent years and are considerably higher than lower-income households can afford, increasing displacement risk for lower- income households.

Fremont, 57% Countywide, 44%
0%
20%
40%
60%

MARKET RATE MULTI -FAMILY RENT INCREASE
2010 TO 2020

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Percent of
Households with
Extremely Low,
Very Low,
or Low Incomes:

24% for all Fremont
households
46% for Households with
One or More Persons with
a Disability
54% for Elderly Fremont
Households
Percent of
Lower-Income
Renter Households
with a High Housing
Cost Burden:

85% for all Fremont
households
93% for Large Family
Households
Percent
of Households
with Incomes
Below Poverty Level

3% for all Fremont family
households
10% for Fremont family
households with a single
female householder

These households are more likely than other households in Fremont to have low incomes.

Additionally, lower-income renter households in Fremont with special needs are more likely than other low-income renters in Fremont to have a high housing cost burden.

In 2010, 22% of Fremont’s workforce lived in Fremont.

By 2018, the proportion had decreased to 17%.

People that work in Fremont are increasingly commuting from more affordable locations in Alameda County and elsewhere.

Lower-income households and individuals in Fremont with special housing needs, including seniors, people with
disabilities, single parent households, and large families, are disproportionately at risk for displacement.

Data on commute flows suggest that an increasing share of the City’s workforce is commuting to Fremont from other cities, a sign that people working in Fremont are having an increasingly difficult time affording housing in Fremont.

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Fremont Net decrease of 450 lower-income households,
including both homeowners and renters, including
decrease of 205 lower- income renter households.

Alameda Lower-income households increased by 7,100,
County including a net increase of 5,790 lower-income renter households.

Decreases in lower-income renter households had an outsized impact on White, Black and African-American, and Hispanic and Latino households.

Disproportionately Impacted by Displacement in Fremont:

Lower-income households People with disabilities
Racial and ethnic minority groups Seniors Single-parent households Families with children Large family households

70% of the social service providers in Fremont that responded to a survey related to this study indicated that their clients have moved out of Fremont, are at risk of displacement, or are planning to move out of Fremont due to economic hardship or other reasons beyond their control.

Data suggest that many lower-income households in Fremont have likely already been displaced due to high housing costs.

Local social service providers indicate that Fremont’s most vulnerable households face considerable displacement risk and that some households have already been displaced.

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Between 2017–2018 and 2020-2021 School Years:

The Fremont Unified School District (FUSD) has seen large enrollment declines at elementary schools, suggesting that younger families are being disproportionately affected. According to a recent analysis of enrollment trends at the FUSD, the enrollment declines are likely associated with housing affordability and increased housing costs. This has coincided with a gradual decrease in students receiving free or reduced-price meals, English learners, and Foster Youth, both in numerical terms and as a percent of total enrollment.

Since the 2017-18 school year, the Fremont Unified School District has experienced unexpected declines in student enrollment, indicating that families with children have been moving out of the City.

Continued increase in the City's overall population
Enrollment decreased by 2.2%

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CONCLUSION
Renters in Fremont are at a greater risk of displacement than renters in Alameda County overall.

Data on commute flows, the decrease in the number of lower income households, survey results from local social service providers, and FUSD enrollment trends suggest that Fremont residents have likely already been displaced.

Lower-income Fremont renters have higher rates of high hou sing cost burden than the countywide average. Renter households in Fremont are also more likely to live in overcrowded units than are renter households in Alameda County overall . Fremont has also experienced more significant increases in market-rate rents than Alameda County overall and tends to have a lower rental vacancy rate. Fremont has experienced a decrease in lower-income households during recent years, while the number of lower -income households in Alameda C ounty has increased.

The analysis concludes that Fremont needs policies and programs that specifically support housing affordability and stability for lower income households, especially those households with incomes at or below 60% Area Median Income. For many lower-income Fremont residents, deed-restricted affordable rental housing, which is severely limited in supply, is the only housing option that could potentially provide affordability, stability, and protection from displacement.

Executive Summary graphics prepared by the City of Fremont 85%
21%
57%
+7,10074%
13%
44% -450
% OF LOWER-INCOME RENTER

HOUSEHOLDS WITH HIGH

HOUSING COST BURDEN
% OF RENTER

HOUSEHOLDS LIVING IN

OVERCROWDED UNITS

INCREASES IN MARKET-RATE
RENTS MARCH 2010 –MARCH
2021

CHANGE IN LOWER-INCOME
HOUSEHOLDS, 2010-2017
Displacement Study Highlights
Fremont Alameda County

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 1 INTRODUCTION
Displacement can have a range of negative effects at the individual, household, community, and regional levels. Often, individuals and households that are displaced must move further from their places of work, established childcare arrangements, and social support networks, while children in displaced households may experience a disruption in schooling. Widespread displacement often exacerbates inequalities in access to opportunity and patterns of segregation as lower-income households are increasingly excluded from higher -cost areas. In cities where residents have been displaced, these trends can have a negative impact on the economic, racial, ethnic, and social diversity of the local population. In addition, local employers in high-cost areas often have difficulty recruiting and retaining workers for lower-paying jobs that are necessary to support local economic activity. These trends can also lead to wo rkers commuting long distances to jobs in higher -cost communities, creating negative impacts in terms of both equity and the environment.

As a part of the City’s efforts to address displacement, the City of Fremont has instituted a local live/work policy for affordable housing developments in Fremont , which prioritizes affordable housing placements for individuals or households that live or work in Fremont. There are four affordable projects in the City of Fremont development pipeline that received funding through Alameda County Measure A1 funds . For cities to retain local preference on the Measure A1 funded affordable housing projects, Alameda County requires that cities that offer a local live/work preference prepare a displacement study to evaluate displacement trends within the jurisdiction. To respond to this requirement and in recognition of the negative impacts of displacement, the City of Fremont commissioned this study to evaluate the extent to which households in Fremont have experienced or are at risk of displacement, in order to inform City and County policies to mitigate displacement effects in Fremont.

This report provides data and analysis on various indicators that Fremont residents have been displaced or are currently at high risk of displacement. The analysis focuses on displacement impacts and displacement risk among lower -income households, consistent with the income levels served by units funded through Measure A1 funds.

The remainder of this report is divided into three chapters. The following chapter provides a brief overview of demographic and housing conditions in Fremont to provide baseline information for the displacement analysis. The next chapter provides data related to various indicators that Fremont residents have been displaced and indicators that existing Fremont residents are currently at risk of displacement. In particular, this analysis focuses on displacement impacts and displacement risk among lower-income households, consistent with the income levels served by u nits funded through Measure A1 funds. The final chapter summarizes the findings from the analysis.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 2 FREMONT DEMOGRAPHIC AND HOUSING

TRENDS OVERVIEW
This chapter provides an overview of high-level demographic and housing conditions in Fremont and Alameda County to provide background for the displacement analysis provided in this report. The data in this section generally do not directly address whether Fremont residents have been experiencing displacement or are at risk of displacement but are instead included to provide insight to inform the displacement analysis provided in the following chapter of this report.

DEMOGRAPHIC SNAPSHOT
Fremont is demographically distinct from Alameda County a whole, with larger household sizes, higher overall household incomes, and a different distribution of the population among various racial and ethnic groups. As of 2020, Fremont had a population of approximately 231,600 residents and a total of 76,100 households, accounting for approximately 14 percent of the population in Alameda County and 13 percent of Alameda County’s households, according to data from Esri. The average household size was 3.02, much higher than the average countywide (2.73). A much higher share of households in Fremont are families (78 percent) than in the County overall (65 percent). The median age among Fremont residents was 38.5 in 2020, slightly higher than the median in Alameda County (37.9). Fremont has a large population of individuals of Asian descent, which comprise approximately 58 percent of residents in Fremont, compared to 32 percent of residents countywide. Non -Hispanic White residents represent the second largest racial or ethnic group in Fremont, comprising 21 percent of the City’s residents in 2020. Compared to t he countywide population, Fremont has a much lower proportion of Hispanic/Latino residents (14 percent) and Black/African American residents (2 percent).

Fremont has a large concentration of above moderate-income households, which comprise 59 percent of all households in Fremont compared to 44 percent of households countywide, with a correspondingly small concentration of lower -income households (24 percent ). Fremont and Alameda County have similar concentrations of moderate -income households (17 percent).

Units funded through Measure A1 funds would serve households with extremely low, very low, and low incomes, and therefore would not be available to households in Fremont with moderate or above-moderate incomes.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 3 Figure 1: Fremont and Alameda County Demographic Snapshot

Sources: U.S. Department of Housing and Urban Development, 2013-2017 Comprehensive Housing Affordability Strategy (CHAS) data; Esri Business Analyst, 2020; BAE, 2021.

3.02 2.73

2.50 2.60 2.70 2.80 2.90 3.00 3.10
Fremont
Alameda County
Average Household Size

13.5%

22.4%

2.2%

9.8%

21.0%

30.2%

58.0%

31.8%

5.2%

5.8%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Fremont
Alameda County
Race and Ethnicity
Hispanic/Latino Black/African American White Asian All Other

21.5%

23.8%

24.3%

20.9%

27.1%

29.1%

12.5%

12.8%

14.6%

13.5%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Alameda County
Fremont
Age Distribution
Under 18 18-34 35-54 55-64 65 or older

8.2%

15.5%

7.2%

11.2%

8.6%

11.6%

17.2%

17.2%

58.9%

44.4%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Fremont
Alameda County
Household Income Distribution
Extremely Low Income Very Low Income Low Income Moderate Income Above Moderate Income

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 4 ALAMEDA COUNTY INCOM E LIMITS
For the purpose of designing affordable housing programs and analyzing housing issues, households are often categorized as extremely low -income, very low-income, low-income, or moderate-income based on household size and how household income compares to the Area Median Income (AMI) for other households of the same size. Income limits for each household size and income group are established annually by State and Federal agencies.

In 2020, the median household income in Alameda County was $119,200 for a four -person household, $107,300 for a three-person household, $95,350 for a two-person household, and $83,450 for a one-person household. Lower income households are generally defined as those earning 80 percent of AMI or less. Figure 2 shows the maximum household income for extremely low-, very low-, low-, and moderate-income households of various sizes in Alameda County as of 2020, according to the income limits set by the California Department of Housing and Community Development.

Figure 2: 2020 Income Limits, Alameda County

Sources: California Department of Housing and Community Development (HCD); City of Fremont Housing Division; BAE, 2021.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 5 INCOME LEVEL BY RACE AND ETHNICITY
Income levels for Fremont households vary by race and ethnicity. Figure 3 below shows the estimated household income distribution for households in Fremont by race and ethnicity, according to American Community Survey (ACS) data collected between 2013 and 2017 (the most recent available for this dataset), as provided in Comprehensive Housing Affordability Strategy (CHAS) data. Among Asian households, the household income distribution includes a larger share of households with moderate inc omes and above -moderate incomes than households in Fremont overall, with a correspondingly smaller share of lower -income households. Among all other racial and ethnic groups, the share of moderate-income and above moderate-income households is smaller than the share in Fremont overall, with a larger share of lower-income households. It should be noted that the CHAS data indicate that there are only a small number of American Indian/Alaska Native households and Pacific Islander households in Fremont, makin g the estimates for these households somewhat unreliable and subject to sampling error.

Figure 3: Household Income Level by Race and Ethnicity, Fremont, 2013-2017

Sources: U.S. Department of Housing and Urban Development, 2013-2017 Comprehensive Housing Affordability Strategy (CHAS) data; BAE, 2021.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 6 HOUSING STOCK
Fremont’s existing housing stock is heavily dominated by single family units (both attached and detached), which make up 71 percent of the total cit ywide inventory. Fremont has approximately 77,300 housing units, comprising 13 percent of the countywide inventory as of 2020 (see Table 1). A significant share of the net increase in housing units in Fremont between 2010 and 2020 was due to a net increase in multifamily units, similar to Alameda County overall. However, compared to the County a larger share of the net increase in new housing units in Fremont during this period is due to an increase in single-family detached homes.

Table 1: Housing Units by Type, 2010-2020

Like Alameda County overall, Fremont is a majority-owner city. Renter households comprise 37 percent of households in Fremont, compared to 46 percent of households countywide. The average renter household size in Fremont is notably high, at 3.03 persons per household, compared to the County (2.67 persons per household).

Number Percent Number Percent Number Percent
Fremont
Single Family Detached 43,301 58.5% 44,700 57.8% 1,399 3.2% Single Family Attached 9,933 13.4% 10,192 13.2% 259 2.6% Multifamily 2 to 4 Units 2,429 3.3% 2,584 3.3% 155 6.4% Multifamily 5 or More Units 17,600 23.8% 19,107 24.7% 1,507 8.6% Mobile Home/Other 726 1.0% 726 0.9% - 0.0% Total Housing Units 73,989 100.0% 77,309 100.0% 3,320 4.5% Number Percent Number Percent Number Percent
Alameda County
Single Family Detached 309,306 53.2% 319,353 52.2% 10,047 3.2% Single Family Attached 44,280 7.6% 48,130 7.9% 3,850 8.7% Multifamily 2 to 4 Units 65,326 11.2% 66,731 10.9% 1,405 2.2% Multifamily 5 or More Units 154,629 26.6% 169,679 27.7% 15,050 9.7% Mobile Home/Other 7,831 1.3% 7,859 1.3% 28 0.4% Total Housing Units 581,372 100.0% 611,752 100.0% 30,380 5.2% Sources: State of California, Department of Finance, Table E-5, 2020; BAE, 2020. 2010 2020
2010 2020 2010-2020 Change
2010-2020 Change

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 7 DISPLACEMENT ANALYSI S
This chapter assesses the extent to which displacement has affected Fremont households and whether Fremont households are currently at risk of displacement based on an analysis of various data sources. In the context of neighborhood change, the term “displacement” typically refers to existing residents’ involuntary movement out of the community, usually due to increases in housing costs and strong demand for housing coupled with a shortage of options for lower-income households.

While there is a shortage of data that can provide direct information on whether displacement has occurred or whether households are at risk of displacement, there are various data sources that provide information that, taken together, provide an indication of the extent to which households are impacted by displacement. Data that could indicate that households have been displaced or are at risk of displacement include:
• Significant increases in residential rents and sale prices; • Rents and sale prices that exceed the affordability threshold for lower -income households;
• Low residential vacancy rates;
• Decreases in the number of lower-income households in Fremont over time; • The presence of lower -income households for which housing costs are equal to an inordinate share of households income;
• Overcrowding in residential units; and
• A shortage of units affordable to lower-income households; • Changes in commute patterns that demonstrate an increase in workers commuting from longer distances.

The following pages present data and analysis on these indicators to assess the extent to which Fremont households are impacted by displacement. The analysis focuses on lower -income renter households, as these are the households that would be eligible for units funded through Measure A1 funds , but also provides information on other types of households . In general, renters tend to be more susceptible to displacement than homeowners because renters are generally not protected from rent increases except as stipulated in their lease agreement, which may provide no protection from increases or only relatively short -term protection. In markets with increasing residential rents and a limited supply of affordable rental housing, lower-income renters are often vulnerable to displacement as property owners increase rents to match market rates. In contrast, homeowners’ housing cost s are not impacted by changes in the housing market after the homeowner purchases the unit, which generally gives homeowners a choice as to whether they sell their homes and move elsewhere . However, homeowners can be susceptible to displacement if their economic circumstances change or if home repairs become unaffordable, making them unable to stay in their homes. If there are limited affordable options locally, these residents could be displaced to other communities.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 8 MULTIFAMILY RENT TRE NDS
Multifamily rental rates in Fremont have increased considerably in recent years, indicating that lower-income renters may be at risk of displacement due to rent increases. Between the first quarter of 2010 and the first quarter of 2020, the average monthly asking rent increased by $888 per unit in Fremont , or 5 7 percent, among market -rate multifamily apartment developments with five or more units. Over the same period, the countywide average monthly asking rent among these developments increased $720 per unit, or 44 percent, meaning that Fremont has been more heavily impacted by market-rate rent increases than the County overall.

As of March 1, 2021 , average asking rents were $2, 303 per unit in Fremont and $2, 235 in Alameda County overall , slightly down fro m the first quarter of 2020 . The slight decrease in average rents in Fremont and Alameda County since the beginning of 2020 are likely due in part to the impact of the COVID-19 pandemic. In Fremont, the decrease in rent is likely also due to the delivery of a large number of multifamily units in Fremont in 2020, which added a significant inventory of available units to the City’s housing supply. Rents in both Fremont and Alameda County appear to have stabilized in recent months, which is potentially an indication that further rent decreases are unlikely and that rent increases could resume over the next several months.

Figure 4: Average Multifamily Asking Rents, Q1 2010-Q1 2021

Note: Data reflect units in market rate multifamily complexes with 5 or more units. Quarter to date (QTD) 2021 reflects data as of March 1, 2021.

Sources: CoStar; BAE, 2021.

Q2 2015
Q3 2015
Q4 2015
Q1 2016
Q2 2016
Q3 2016
Q4 2016
Q1 2017
Q2 2017
Q3 2017
Q4 2017
Q1 2018
Q2 2018
Q3 2018
Q4 2018
Q1 2019
Q2 2019
Q3 2019
Q4 2019
Q1 2020
$1,558
$2,446
$2,303
$1,618
$2,338
$2,235
$1,500
$1,600
$1,700
$1,800
$1,900
$2,000
$2,100
$2,200
$2,300
$2,400
$2,500
Avg. Asking Rent per Unit
City of Fremont Alameda County

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 9 AFFORDABILITY OF MUL TIFAMILY RENTAL MARK ET
Lower-income renters in Fremont are unlikely to be able to afford market -rate rents and may face displacement risk due to recent or future rent increases. Current market-rate rents in Fremont greatly exceed the affordability thresholds for lower income households in Alameda County. For households earning 60 percent of the area median income or less, average market rate rents exceed affordability thresholds by $400 per month or more. Larger lower income rental households face severe affordability challenges. For example, a housing unit that would be affordable to a family of four earning 60 percent of AMI would cost nearly $1,300 less than the current average market rent for a three-bedroom unit. Similarly, the affordable monthly rent for a family of three earning 60 percent of A MI is $800 less than the current average market rent for a two-bedroom unit.

Figure 5: Affordability of Market-Rate Rental Housing in Fremont, 2020

Notes:
(a) Market rents reflect average asking rates of units in multifamily properties with 5+ units in Fremont as of Q3 2020. (b) Maximum affordable housing costs are defined as 30% of gross monthly household income, the maximum amount that a household can spend on housing expenses without being considered cost burdened. Affordable rents account for the cost of utilities, based on Housing Authority of the County of Alameda 2020 allowances for tenant-furnished utilities and other services for a multifamily unit that uses gas cooking, heating, and water heating, as well as electricity for lights and appliances. The allowance is based on the number of bedrooms in the unit and a household is assumed to have one bedroom fewer than the number of people in the household.

Sources: California HCD, 2020; CoStar, 2021; Housing Authority of the County of Alameda, 2020; BAE, 2021. 1 Person 2 Person 3 Person 4 Person
(Studio) (1 BD) (2 BD) (3 BD)
Market Rent $1,752 $2,011 $2,487 $3,138
Utilities $58 $75 $94 $117
Max. Affordable Rent Less Market Rent
30% AMI (Extremely Low Income) ($1,124) ($1,302) ($1,700) ($2,276) 50% AMI (Very Low Income) ($668) ($781) ($1,112) ($1,624) 60% AMI (Low Income) ($439) ($520) ($819) ($1,298)
80% AMI (Low Income) $18 $3 ($231) ($645)
Household (Unit) Size
$862
$1,514
$1,841
$787
$1,375
$1,669
$2,011
$2,487
$3,138
$709
$1,230
$1,491
$0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500
Rent Affordable
at 30% AMI
Rent Affordable
at 50% AMI
Rent Affordable
at 60% AMI
One-Bedroom
Market-Rate Rent
Two-Bedroom
Market-Rate Rent
Three-Bedroom
Market-Rate Rent
2 person household 3 person household 4 person household

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 10 MULTIFAMILY RENTAL V ACANCY RATE
Despite recent upticks in vacancies in 2020, the multifamily vacancy rate in both Fremont and Alameda County has been extremely low since 2010, contributing to upward pressure on rents and leaving limited options for displaced households to stay in their communities. Between 2010 and 2019, the multifamily vacancy rate averaged just 3.6 percent in Fremont and 4.0 percent in the County . Multifamily vacancy rates in 2020 and the beginning of 2021 were uncharacteristically high in both Fremont and Alameda County . Data provided by CoStar indicate recent large increases in the numb er of vaca nt apartment units in Alameda County, likely due to the economic dislocation resulting from the COVID-19 pandemic. The upward trend in the vacancy rate in Fremont was more pronounced due to a large number of new units that were delivered during the first and third quarters of 2020 but has since decreased and is now lower than the countywide vacancy rate . Meanwhile, vacancy rates have also decreased in Alameda County overall, though to a lesser extent. These data indicate that the high vacancy rates in Alameda County, and particularly in Fremont, are likely temporary and not indicative of a long-term oversupply of rental housing.

Figure 6: Multifamily Rental Vacancy Rate, Q1 2010-Q3 2020

Note: Data reflect units in market rate multifamily complexes with 5 or more units. Quarter to date (QTD) 2021 reflects data as of March 1, 2021.

Sources: CoStar; BAE, 2021.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 11 HOME SALE PRICE TREN DS
Growth in home sale prices in Fremont and Alameda County have considerably outpaced growth in household incomes since the Great Recession, making homeownership increasingly unobtainable for many lower-income households, with home sale prices in Fremont consistently higher than sale prices in Alameda County overall. In 2012, the median single family home price in Fremont was $578,250, roughly 6.2 times the area median household income for a four - person household. Due to rapid increases in home prices, price-to-income ratios have increased significantly since 2012, peaking in 2018 at a high of 11.7 for single family homes and 7.2 for condominiums and townhomes in Fremont . As of 2020, the median sale price for condominiums and townhomes in Fremont ($800,000) was 6.7 times the area median income for a four-person household, a significant increase from 3.0 in 2012. In Alameda County, the median sale price of single-family homes sold in 2020 ($1.0 million) was 8.5 times greater than the area median income, while the median sale price of condominiums and townhomes ($665,000) was 5.6 times the median income. As a result, many lower-income households in Fremont face increasing difficulties in buying a home in Alameda County, particularly in Fremont.

Figure 7: Ratio of Median Home Sale Prices to Area Median Income for a Four- Person Household, 2012-2020

City of Fremont 2012 2013 2014 2015 2016 2017 2018 2019 2020 Condos/Townhomes $280,000 $395,500 $470,000 $520,000 $567,000 $647,500 $750,000 $681,000 $800,000 Single Family $578,250 $711,000 $800,000 $893,000 $945,000 $1,047,000 $1,225,000 $1,139,500 $1,250,000 Alameda County 2012 2013 2014 2015 2016 2017 2018 2019 2020 Condos/Townhomes $240,000 $375,000 $431,000 $480,000 $535,000 $580,000 $650,000 $625,000 $665,000 Single Family $430,000 $598,000 $665,000 $730,000 $780,000 $850,065 $929,000 $912,000 $1,012,000 Note: Median household income reflects the Alameda County areawide median income for a 4 person household.

Sources: 2020 rereport.com; California Department of Housing and Community Development; BAE, 2020.

Median Sale Price

3.0 4.2

5.0 5.6 6.1 6.6 7.2

6.1 6.76.2

7.6 8.6

9.6 10.1

10.7 11.7

10.2 10.5

4.6 8.9

8.5 5.6

0.0 2.0

4.0 6.0

8.0 10.0

12.0 14.0
2012 2013 2014 2015 2016 2017 2018 2019 2020
Median Sale Price to
Household Income Ratio
Ratio of Median Home Sale Price to Area Median Income
Condos/Townhomes (Fremont) Single Family (Fremont)
Condos/Townhomes (Alameda Co.) Single Family (Alameda Co.)

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 12 AFFORDABILITY OF FOR -SALE HOUSING MARKET
The vast majority of lower and moderate-income households are not able to afford to purchase a home in Fremont and therefore are unable to benefit from the relative stability and protection from displacement that homeownership provides . Rising incomes combined with a limited supply have resulted in extremely high home sale prices in Fremont. In 2020, the median home sale price was $1.25 million for single family homes and $800,000 for condominiums and townhomes. An annual household income of $218,000 or more would be needed to afford a home with a sale price of $1.25 million, making Fremont’s median home sale price substantially higher than the price that most households in Fremont or elsewhere in Alameda County can afford. Sale prices for condominiums and townhomes, which have historically provided more affordable ownership options in the City, have also become unaffordable for most moderate - income households. Compared to renters, homeowners are more protected from displacement pressures because homeowners’ housing costs are not impacted by changes in the housing market after the homeowner purchases the unit. Due to the unaffordability of for-sale housing in Fremont, most low- and moderate-income Fremont renters are unlikely to be able to buy their first home in Fremont and therefore must continue renting, foregoing the relative stability that homeownership can provide, or leave the community to purchase a home. The City has helped address these challenges through its First Time Homebuyer program, which offers income eligible first time homebuyers with opportunities to purchase homes at below market prices (BMP). There are currently 299 BMP units in the City’s inventory.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 13 Table 2: Affordability of Market Rate Single-Family Homes, Fremont, 2020

Amount
Above (Below)
Maximum 2020 Median
Income Affordable SF Sale Price
Income Level Limit (a) Sale Price (b) ($1,250,000)
Three Person Household
Extremely Low Income (up to 30% AMI) $35,250 $150,841 ($1,099,159) Very Low Income (31-50% AMI) $58,750 $251,347 ($998,653) Low Income (51-80% AMI) $94,000 $402,023 ($847,977)
Moderate Income (81-120% AMI) $128,750 $550,712 ($699,288) Four Person Household
Extremely Low Income (up to 30% AMI) $39,150 $167,399 ($1,082,601) Very Low Income (31-50% AMI) $65,250 $279,164 ($970,836) Low Income (51-80% AMI) $104,400 $446,563 ($803,437)
Moderate Income (81-120% AMI) $143,050 $611,810 ($638,190) Notes:
(a) 2020 household income limits for a three or four person household in Alameda County. (b) Based on an FHA mortgage with the following terms:

Percent of income for housing costs: 31%
Down payment as % of sale price: 3.5%
Annual interest rate: 3.13%
Loan term (years): 30
Upfront mortgage insurance: 1.75% of loan amount
Annual mortgage insurance: 0.85% of loan amount
Annual homeowners insurance: 0.30% of coverage amount
Annual property tax rate: 1.16% of home value
Sources: CA HCD, 2020; Federal Housing Administration, 2020; Freddie Mac, 2020; CA Dept. of Insurance; Alameda County Controller's Office, 2019-2020; rereport.com; BAE, 2020.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 14 Table 3: Affordability of Market Rate Condominiums/Townhomes, Fremont, 2020

Amount Above
(Below) 2020
Maximum Median Condo/
Income Affordable Townhome Sale
Income Level Limit (a) Sale Price (b) Price ($800,000)
Three Person Household
Extremely Low Income (up to 30% AMI) $35,250 $79,167 ($720,833) Very Low Income (31-50% AMI) $58,750 $184,058 ($615,942) Low Income (51-80% AMI) $94,000 $341,307 ($458,693)
Moderate Income (81-120% AMI) $128,750 $496,482 ($303,518) Four Person Household
Extremely Low Income (up to 30% AMI) $39,150 $96,447 ($703,553) Very Low Income (31-50% AMI) $65,250 $213,088 ($586,912) Low Income (51-80% AMI) $104,400 $387,790 ($412,210)
Moderate Income (81-120% AMI) $143,050 $560,246 ($239,754) Notes:
(a) 2020 household income limits for a three or four person household in Alameda County. (b) Based on an FHA mortgage with the following terms:

Percent of income for housing costs: 31%
Down payment as % of sale price: 3.5%
Annual interest rate: 3.13%
Loan term (years): 30
Upfront mortgage insurance: 1.75%
Annual mortgage insurance: 0.85%
Annual homeowners insurance: $475
Annual property tax rate: 1.16%
Sources: CA HCD, 2020; Federal Housing Administration, 2020; Freddie Mac, 2020; CA Dept. of Insurance; Alameda County Controller's Office, 2019-2020; rereport.com; Redfin; BAE, 2020.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 15 HOUSING COST BURDEN

There has been a notable increase in the number of extremely low-income renter households that are cost burdened (paying more than 30 percent of income on housing) in Fremont since 2010. Between 2010 and 2017, the number of cost-burdened extremely low-income renter households (those with incomes below 30 percent of the HAMFI) grew by 795 households, or 40 percent. Meanwhile the number of very low-income and low-income households that were housing cost burdened was relatively stable during this period.

Figure 8: Growth in Cost-Burdened Lower Income Renter Households, 2010-2017

Sources: U.S. Department of Housing and Urban Development, 2006-2010 & 2013-2017 Comprehensive Housing Affordability Strategy (CHAS) data; BAE, 2020.

Housing Cost Burden & Displacement Risk
Households are generally considered to have a high housing cost burden if they spend more than 30 percent of household income on housing costs. For lower-income households in particular, spending more than 30 percent of income on housing costs often means that households are struggling to afford housing and are unlikely to be able to afford any future rent increases. Lower-income households with high housing cost burden are often at risk of displacement in housing markets in which prices are increasing because they are vulnerable to rent increases that would force them to move or lead to nonpayment of rent and eventual eviction.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 16 Housing cost burden among lower income renter households in Fremont is nearly universal and demonstrates that existing lower income renter households are vulnerable to the impact of future rent increases. In 2017, 85 percent of the lower income renter households (those with incomes below 80 percent of the HAMFI) in Fremont were housing cost burdened, spending more than 30 percent of their gross incomes on rent. Of the 7,900 lower income renter households that were cost burdened in 2017, 4,080 (approximately 45 percent of all lower - income renter households) were severely cost-burdened, or spent more 50 percent of their gross household incomes on rent. Lower-income renters in Fremont were more likely to have a high housing cost burden than renters in Alameda County overall. Countywide, 74 percent of lower income renter households were housing cost burdened as of 2017, with 42 percent spending more than 50 percent of their gross incomes on rent.

Figure 9: Cost-Burdened Fremont Lower Income Renter Households, 2013-2017

Sources: U.S. Department of Housing and Urban Development, 2013-2017 Comprehensive Housing Affordability Strategy (CHAS) data; BAE, 2020.

Figure 10: Cost-Burdened Alameda Co. Lower Income Renter Households, 2013-17

Sources: U.S. Department of Housing and Urban Development, 2013-2017 Comprehensive Housing Affordability Strategy (CHAS) data; BAE, 2020.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 17 COST BURDEN BY RACE AND ETHNICITY
While housing cost burden for Fremont renters varies by race and ethnicity, the variation is likely attributable to differences in the income distribution between various groups and does not necessarily indicate differences in by race and ethnicity among lower-income renter households.

Figure 11 shows the level of housing cost burden among renter households in Fremont by race and ethnicity. The data shown is for renter households at all income levels and therefore this figure shows a smaller proportion of househo lds with high housing cost burden than shown in Figure 9 above. As shown, an estimated 37 percent of all renter households in Fremont pay more than 30 percent of their income on housing. Among Asian and Pacific Islander households, the share of renter households with a 30 -percent or higher housing cost burden is somewhat lower than the citywide average. Among all other households, the share of renter ho useholds with a 30-percent or higher housing cost burden is somewhat higher than the citywide average.

It should be noted that the CHAS data used for this analysis indicate that there are very few American Indian/Alaska Native households and Pacific Islander households in Fremont, making the estimates for these households somewhat unreliable and subject to sampling error. Despite these differences by race and ethnicity , it is likely that the prevalence of high housing cost burdens for lower-income renter households is relatively similar across racial and ethnic groups.

Figure 9 demonstrates that almost all lower -income renters in Fremont have a housing cost burden higher than 30 percent, leaving little room for variation between groups. In addition, the variation in the distribution shown below loosely corresponds to the distribution of household incomes by race and ethnicity shown in Figure 3, suggesting that most lower-income renter households in Fremont experience a high housing cost burden and associated displacement risk, regardless of race or ethnicity.

Figure 11: Housing Cost Burden by Race and Ethnicity, Renter Households in Fremont, 2013-2017

Sources: U.S. Department of Housing and Urban Development, 2013-2017 Comprehensive Housing Affordability Strategy (CHAS) data; BAE, 2021.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 18 OVERCROWDING
Renter-occupied households in Fremont experience extremely high levels of overcrowding, an indication that renter households in the City are struggling to find and afford housing. The U.S.

Census defines overcrowded housing units as those that are occupied by more than one person per room, and severely overcrowded units as those that are occupied by more than 1.5 persons per room. As shown in Table 4, approximately 21 percent of the renter -occupied units in Fremont were considered overcrowded between 2015 and 2019, compared to approximately 13 percent countywide. The City of Fremont also accounts for a disproportion ate share of the County’s overcrowded renter-occupied households. Just 29,775 (11 percent) of the County’s total renter-occupied units are in Fremont, yet the City accounts for approximately 18 percent of all overcrowded renter-occupied units in the County.

Table 4: Housing Unit Overcrowding, 2015-2019

City of Fremont Number Percent Number Percent Number Percent Not Overcrowded 23,487 78.9% 44,409 96.7% 67,896 89.7%
Overcrowded (a) 6,288 21.1% 1,503 3.3% 7,791 10.3%
Severely Overcrowded (b) 1,822 6.1% 307 0.7% 2,129 2.8% Total Units 29,775 100.0% 45,912 100.0% 75,687 100.0%
Alameda County
Not Overcrowded 233,699 87.1% 298,053 96.5% 531,752 92.1% Overcrowded (a) 34,587 12.9% 10,838 3.5% 45,425 7.9%
Severely Overcrowded (b) 13,737 5.1% 2,681 0.9% 16,418 2.8% Total Units 268,286 100.0% 308,891 100.0% 577,177 100.0% Fremont Share of County Total
Not Overcrowded 10.1% 14.9% 12.8%
Overcrowded (a) 18.2% 13.9% 17.2%
Severely Overcrowded (b) 13.3% 11.5% 13.0%
Total Units 11.1% 14.9% 13.1%
Notes:
(a) The U.S. Census defines an overcrowded unit as one occupied by more than 1 person per room. (b) The U.S. Census defines a severely overcrowded unit as one occupied by more than 1.5 persons per room.

Sources: U.S. Census Bureau, American Community Survey, 2015-2019 five-year sample data; BAE, 2020.

Renter-Occupied Owner-Occupied All Occupied Units

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 19 HOUSING CHOICE VOUCH ER USAGE
The number of households with housing choice vouchers living in Fremont has declined almost every year since 2010, likely due to rapid increases in market rents and a dwindling supply of affordable and suitable units . As of March 2020, there were approximately 1,100 voucher recipients living in Fremont, a 23 percent decline from the 1, 440 voucher recipients that lived in the City in March 2010. Fremont accounts for a disproportionate share of the total decline in the Housing Authority of the County of Alameda’s (HACA) jurisdiction since 2010. While Fremont accounts for approximately 25 percent of all housing units in HACA’s jurisdiction, the decrease of 339 voucher recipients living in Fremont accounts for 48 percent of the total decline in voucher recipients throughout HACA’s jurisdiction (see Figure 12).

High market rate rents combined with a limited supply of units make existing voucher holders in Fremont especially vulnerable to displacement from future rent increases. Voucher recipients, particularly those with disabilities, have a n extremely difficult time finding appropriate housing in markets such as Fremont where average market rents are significantly higher than the HUD FMR used to determine maximum Section 8 rents . The escalation in market rents above the HUD FMR has led some landlords to cease accepting vouchers, which has reduced the inventory of units available to voucher holders in recent years. As of February 1, there were only six listings with units available in Fremont on the gosection8 website.1 Two of the six units had asking rents higher than HACA’s maximum local rent payment standard.

Figure 12: Housing Authority of the County of Alameda (HACA) Housing Choice Vouchers, March 2010-March 2020

Note: HACA's jurisdiction excludes the cities of Alameda, Berkeley, Livermore, and Oakland.

Sources: Housing Authority of the County of Alameda (HACA); BAE, 2020.

1 Gosection8.com provides the largest and most accurate listing of certified voucher program rentals in markets throughout the U.S.
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Fremont 1,441 1,423 1,420 1,331 1,259 1,147 1,069 1,067 1,061 1,054 1,102 HACA Total 7,139 7,293 7,537 7,563 7,352 6,944 6,540 6,490 6,535 6,443 6,437 Total Housing Choice Vouchers
0 -18 -21
-110 -182 -294 -372 -374 -380 -387 -339
0 154
398 424
213
-195
-599 -649 -604
-696 -702
-800
-600
-400
-200
0 200
400
600
Mar-10 Mar-11 Mar-12 Mar-13 Mar-14 Mar-15 Mar-16 Mar-17 Mar-18 Mar-19 Mar-20 Change in Number of Section 8 Vouchers Since March 2010 Fremont Total (All HACA Jurisdictions)

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 20 OVERALL RESIDENTIAL VACANCY
Due to strong demand and low levels of new construction, the residential market in Fremont has been tight since 2010. As of 2020, Fremont’s residential vacancy rate was only 3.6 percent, down from 4.0 percent in 2010. Housing market conditions in the County were also tight in 2020, with an overall estimated vacancy rate of 5.3 percent, down from 6.4 percent in 2010.

Most economists consider a residential vacancy rate of around five percent to represent a healthy level of structural vacancy that allows for turnover without indicating an oversupply of housing. The persistently low residential vacancy rate in Fremont is reflective of a significant shortage of supply to meet demand for housing in the City , contributing to housing cost increases and leaving few available options, particularly for lower-income households.

Figure 13: Residential Vacancy Rate, 2010-2020

Sources: State of California, Department of Finance, Table E-5, 2020; BAE, 2020.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 21 CHANGE IN LOW ER -INCOME HOUSEHOLDS
Since 2010, Fremont has lost a significant number of low -income households, suggesting that lower-income households have been displaced due to high housing costs. Fremont experienced a net decrease of 450 lower-income households (those with incomes below 80 percen t of the HAMFI) between 2010 to 2017. This is in contrast to the County, which actually saw the number of lower income households grow by 7,100 households, or 3.4 percent. This suggests that lower-income households in Fremont have been more significantly impacted by displacement pressure than households countywide. Notably, Fremont lost a total of 1,390 low -income households (those with incomes between 50 percent and 80 percent of HAMFI) and 115 very low-income households (those with incomes between 30 p ercent and 50 percent of HAMFI).

This was offset by a significant increase in extremely low -income households (those with incomes less than or equal to 30 percent of HAMFI). Between 2010 and 2017, the number of extremely low -income households in Fremont grew by 21.2 percent (1,055 households), eclipsing the rate of growth in the County (12.0 percent). However, as shown in Figure 8, these changes have coincided with a large increase in extremely low -income households with a high housing cost burden, suggesting that many of these extremely low -income households are struggling to afford their housing.

Because household characteristics change over time, the trends shown in Table 5 could be indicative of multiple simultaneous demographic changes occurring alongside displacement, rather than displacement alone . The increase in extremely low -income households and concurrent decrease in low -income households could indicate that some low -income households in Fremont became extremely low -income households during this period. These changes could also indicate that some extremely-low-income households have been successful in securing housing in affordable housing developments that were constructed during this period, though the increase in extremely low-income households with a high housing cost burden suggests that such households are few in number . While the available data do not provide enough information to fully understand the nuances of the demographic change that occurred during this period, the overall decrease in the size of the City's low-income population, coupled with other demographic changes identified in this report, suggests that at least some of the decrease in Fremont’s lower-income population has been due to displacement.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 22 Table 5: Households by HUD Area Median Family Income (HAMFI) Level, 2010-2017

Household Income Level (a) 2010 2017 Number Percent
City of Fremont
Extremely Low Income (≤30% HAMFI) 4,965 6,020 1,055 21.2% Very Low Income (>30% to ≤ 50% HAMFI) 5,395 5,280 -115 -2.1% Low Income (>50% to ≤ 80% HAMFI) 7,705 6,315 -1,390 -18.0% Moderate Income (>80% to ≤ 120% HAMFI) 11,790 12,630 840 7.1% High Income (>120% HAMFI) 39,105 43,385 4,280 10.9%
Total Households (b) 68,960 73,630 4,670 6.8%
Less Than or Equal to 80% HAMFI (a) 18,065 17,615 -450 -2.5% Household Income Level (a) 2010 2017 Number Percent
Alameda County
Extremely Low Income (≤30% HAMFI) 78,920 88,375 9,455 12.0% Very Low Income (>30% to ≤ 50% HAMFI) 58,335 63,840 5,505 9.4% Low Income (>50% to ≤ 80% HAMFI) 73,975 66,115 -7,860 -10.6% Moderate Income (>80% to ≤ 120% HAMFI) 93,820 97,975 4,155 4.4% High Income (>120% HAMFI) 226,960 252,770 25,810 11.4%
Total Households (b) 532,010 569,075 37,065 7.0%
Less Than or Equal to 80% HAMFI (a) 211,230 218,330 7,100 3.4% Notes:
(a) CHAS data reflect HUD-defined household income limits. Income thresholds are defined as a percent of the HUD Area Median Family Income (HAMFI).
(b) Totals do not equal the sum of individual figures due to independent rounding.

Sources: U.S. Department of Housing and Urban Development, 2006-2010 & 2013-2017 Comprehensive Housing Affordability Strategy (CHAS) data; BAE, 2020. 2010-2017 Change
2010-2017 Change

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 23 CHANGE IN LOW ER -INCOME RENTER HOUSE HOLDS
The City accounted for an inordinate share of the net decrease in low-income renter households countywide between 2010 and 2017, suggesting that low-income renter households in Fremont have been disproportionately impacted by recent displacement pressures in Alameda County.

Between 2010 and 2017, Fremont and Alameda County both experienced rapid growth in high- income renter households, while losing a significant number of low -income renter households (those with incomes between 50 percent and 80 percent of the HAMFI). As shown in Table 6, Fremont experienced a net decrease of 770 low-income renter households between 2010 and 2017, equal to nearly twenty percent of the net decrease of 4,115 low -income households countywide.

Table 6: Renter Households by HUD Area Median Family Income (HAMFI) Level, 2010-2017

Household Income Level (a) 2010 2017 Number Percent
City of Fremont
Extremely Low Income (≤30% HAMFI) 2,765 3,250 485 17.5% Very Low Income (>30% to ≤ 50% HAMFI) 2,535 2,615 80 3.2% Low Income (>50% to ≤ 80% HAMFI) 3,915 3,145 -770 -19.7% Moderate Income (>80% to ≤ 120% HAMFI) 5,360 6,200 840 15.7% High Income (>120% HAMFI) 9,710 12,515 2,805 28.9%
Total Renter Households (b) 24,285 27,715 3,430 14.1%
Less Than or Equal to 80% HAMFI (a) 9,215 9,010 -205 -2.2% Household Income Level (a) 2010 2017 Number Percent
Alameda County
Extremely Low Income (≤30% HAMFI) 60,905 67,065 6,160 10.1% Very Low Income (>30% to ≤ 50% HAMFI) 36,640 40,385 3,745 10.2% Low Income (>50% to ≤ 80% HAMFI) 42,385 38,270 -4,115 -9.7% Moderate Income (>80% to ≤ 120% HAMFI) 43,730 49,170 5,440 12.4% High Income (>120% HAMFI) 55,080 72,525 17,445 31.7%
Total Renter Households (b) 238,750 267,405 28,655 12.0% Less Than or Equal to 80% HAMFI (a) 139,930 145,720 5,790 4.1% Notes:
(a) CHAS data reflect HUD-defined household income limits. Income thresholds are defined as a percent of the HUD Area Median Family Income (HAMFI).
(b) Totals do not equal the sum of individual figures due to independent rounding.

Sources: U.S. Department of Housing and Urban Development, 2006-2010 & 2013-2017 Comprehensive Housing Affordability Strategy (CHAS) data; BAE, 2020. 2010-2017 Change
2010-2017 Change

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 24 The recent net decrease in Fremont’s lower-income renter population has had disproportionate impacts on the City’s White, Black and African American, and Hispanic and Latino populations.

Between 2010 and 2017, the number of lower-income renter households in Fremont decreased by approximately two percent overall. This decrease had a disproportionate impact of lower - income White, Black and African American, and Hispanic and Latino renter households, which decreased by 15 percent, 12 percent, and 11 percent, respectively. Meanwhile, the number of lower-income renter households from other racial and ethnic groups increased.

Figure 14: Change in Lower-Income Renter Households by Race and Ethnicity, 2010-2017

Note: Data shown reflect the difference between ACS data collected during the 2006-2010 period and ACS data collected during the 2013-2017 period.

Sources: U.S. Department of Housing and Urban Development, 2006-2010 & 2013-2017 Comprehensive Housing Affordability Strategy (CHAS) data; BAE, 2020.

White
(505)
Black /
African-
American
(90)
American
Indian /
Alaskan Native
30 Asian
265
Pacific
Islander
20 Other
245
Hispanic /
Latino
(190)
All Lower
Income
Renter
Households
(225)
-600
-500
-400
-300
-200
-100
0 100
200
300
400
12%
Decrease
11%
Decrease
2%
Decrease
15%
Decrease

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 25 HOUSING UNIT TYPE BY TENURE
Of the 29,775 renter households in Fremont in 2019, nearly 40 percent (11,441 households) lived in single-family units, which can indicate an increased displacement risk in strong housing markets like Fremont. Single family units tend to be larger than multifamily units and likely fill an important role in housing larger renter households in Fremont, consistent with the relatively large household size among Fremont renters (3.03 pe rsons per household). However, renters living in single -family homes can be particularly vulnerable to displacement in strong housing markets because they are susceptible to the same potential rent increases as other renters but could also be displaced if the owner decides to sell the home while sale prices are high.

Table 7: Type of Housing by Tenure, 2015-2019

Housing Type Number Percent Number Percent Number Percent City of Fremont
Single Family Detached 7,640 25.7% 36,445 79.4% 44,085 58.2% Single Family Attached 3,801 12.8% 6,484 14.1% 10,285 13.6% Multifamily 2 to 4 Units 2,070 7.0% 543 1.2% 2,613 3.5% Multifamily 5 or More Units 16,095 54.1% 1,711 3.7% 17,806 23.5% Mobile Home/Other 169 0.6% 729 1.6% 898 1.2%
Total Occupied Households 29,775 100.0% 45,912 100.0% 75,687 100.0% Average Household Size
Housing Type Number Percent Number Percent Number Percent Alameda County
Single Family Detached 58,176 21.7% 248,990 80.6% 307,166 53.2% Single Family Attached 21,185 7.9% 29,020 9.4% 50,205 8.7% Multifamily 2 to 4 Units 48,625 18.1% 9,365 3.0% 57,990 10.0% Multifamily 5 or More Units 138,711 51.7% 15,711 5.1% 154,422 26.8% Mobile Home/Other 1,589 0.6% 5,805 1.9% 7,394 1.3%
Total Occupied Households 268,286 100.0% 308,891 100.0% 577,177 100.0% Average Household Size
Note:
(a) Includes boats, RVs, vans, and any other non-traditional residences.

Sources: U.S. Census Bureau, American Community Survey, 2015-2019 five-year sample data; BAE, 2020.

Renters Owners

2.67 2.94 2.82
All Households
Renters Owners

3.03 3.13 3.09
All Households

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 26 AFFORDABLE HOUSING I NVENTORY
Fremont has a significant shortage of affordable units, leaving limited options for lower-income households that are priced out of market -rate rental and for -sale homes . The application process for affordable housing in Fremont is extremely competitive, with demand for affordable housing significantly exceeding the supply of affordable units. Affordable housing developments in Fremont have significant waiting lists, and many waiting lists for affordable units are currently closed due to excessive demand.

Recent development activity in Frem ont has consisted primarily of units for above moderate - income households. Although Fremont has already significantly exceeded its 2015 -2023 Regional Housing Needs Allocation (RHNA) target for above moderate-income units, it has fallen behind on its very l ow-income, low-income, and moderate -income housing production goals.

Fremont was allocated a total of 5,455 housing units across all income groups in the current RHNA cycle (2015 -2023), and as of October 2020, had already permitted more than 6,000 units. However, the vast majority (87 percent) of the permitted units to date have been above moderate-income units affordable to households with incomes over 120 percent of AMI, a situation not unique to Fremont. Southern California News Group Housing Permit Re port Card awarded Fremont a grade of C for 2019, higher than the statewide overall average of C minus on how well it is meeting its RHNA goals. Although the City is behind in meeting the RHNA goals in very-low and low-income categories, the City permitted a total of 785 affordable units as of October 2020. Slightly over half of these units were very low -income units, while 47 percent were low-income units with hundreds more affordable units in the pipeline, making a significant mitigating impact on displacement.

Figure 15: Fremont 2015-2023 RHNA Progress

Note:
(a) Data as of 10/6/2020. Sources: California Department of Housing and Community Development; BAE, 2020.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 27 RECENT HOUSING UNIT GROWTH
Recent housing unit growth in Fremont has been more skewed towards single family units than recent housing unit growth in the County. According to California Department of Finance data, Fremont gained a total of 3,320 housing units between 2010 and 2020. Roughly half of the housing unit growth in Fremont since 2010 has been single family units (both attached and detached). Single family detached units in particular have accounted for a much larger share of the housing unit growth in Fremont (42 percent) compared to the County ( 33 percent). In Alameda County, recent housing unit growth has been more concentrated in multifamily units, with growth in units in buildings with five or more units accounting for roughly half of the total housing unit growth seen countywide from 2010 to 2020 . In Fremont, units in multifamily buildings with five or more units made up approximately 45 percent of the housing unit growth between 2010 and 2020.

Figure 16: Change in Housing Units, Fremont, 2010-2020

Sources: State of California, Department of Finance, Table E-5, 2020; BAE, 2020.

Figure 17: New Housing Unit Growth by Type, 2010-2020

Sources: State of California, Department of Finance, Table E-5, 2020; BAE, 2020.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 28 SCHOOL DISTRICT ENRO LLMENT TRENDS
The Fremont Unified School District has a large population of socioeconomically disadvantaged students, many of whom are members of racial and ethnic minority groups . Approximately 7,170 students enrolled in the Fremont Unified School District are conside red socioeconomically disadvantaged (SED), meaning that these students are eligible for the free or reduced-price meal (FRPM) program; are migrant, homeless, or foster youth; and/or do not have any parents that are high school graduate s. A significant sha re (86 percent) of the socioeconomically disadvantaged students in the Fremont Unified School District are persons of color. Hispanic and Latino students account for 41 percent of the district’s SED students, despite Hispanic and Latino residents making up just 14 percent of the citywide population.

Figure 18: Socioeconomically Disadvantaged Students by Ethnicity, Fremont Unified School District, 2019-20

Sources: California Department of Education (ED-Data); BAE, 2021.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 29 Since the 2017-18 school year, the Fremont Unified School District has experienced unexpected declines in student enrollment, indicating that families with children have been moving out of the City. Fremont Unified School District enrollment increased steadily between the 2014 -15 school year and the 2017-18 school year, with a total increase of 4.6 percent during this period.

Between the 2017-18 and 2020-21 school years, however, enrollment in the district decreased by 2.2 percent, despite continuing increases in the City’s overall population. The Fremont Unified School District has seen large enrollment declines at elementary schools, suggesting that younger families are being disproportionately aff ected. According to a recent analysis of enrollment trends at the Fremont Unified School District , the enrollment declines are likely associated with housing affordability and increased housing costs. 2 This has coincided with a gradual decrease in students receiving free or reduced-price meals, English learners, and Foster Youth, both in numerical terms and as a percent of total enrollment.

Figure 19: Fremont Unified School District Enrollment, 2014-15 to 2020-21

Note:
(a) Total enrollment is the certified California Basic Educational Data System (CBEDS) data count. Free and Reduced- Price Meal/English Learner/Foster Youth data was not available for the 2020-21 school year.

Sources: Davis Demographics Student Population Forecast Fall 2020/21 Report; California Department of Education (ED- Data); BAE, 2021.

2 This topic was discussed during the October 16, 2019 FUSD Board meeting (https://video.ibm.com/recorded/124274027?t=7738).

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 30 SPECIAL NEEDS POPULA TIONS AND HOUSEHOLDS
Fremont is home to thousands of special needs households and individuals , including a significant number of large families, seniors, and persons with disabilities, which are more likely to have affordable housing needs and may face considerable hardship if displaced. As of 2019, Fremont had approximately 19,215 senior households, 8,400 la rge households, and 1,675 single female headed households. More than 16,500 Fremont residents have at least one disability, including 9,080 seniors. These special populations often face unique housing problems due to physical limitations, health care cos ts, and income, which makes it more challenging for them to find and pay for housing. In addition, many special needs household rely on services and social networks in their communities and could face severe hardship if displaced. For example, single-parent households may rely on family or friends that live nearby to help with childcare or may have established other childcare arrangements locally. Individuals with disabilities may have established relationships with service providers or familiarity with local transit networks, making displacement particularly disruptive to their ability to meet critical needs. Seniors that are displaced could be forced to move away from necessary services and social networks. While displacement can negatively impact all types of households and individuals, special needs households are often disproportionately impacted by negative consequences from displacement.

Figure 20: Special Needs Populations and Households, Fremont

Sources: U.S. Census Bureau, American Community Survey, 2015-2019 five-year sample data; BAE, 2020.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 31 DISPLACEMENT RISK FO R SPECIAL NEEDS HOUS EHOLDS
Special needs households in Fremont tend to have lower incomes than other households, indicating that these households may experience disproportionate displacement risk. Figure 21 shows the distribution of household income levels among all Fremont households, elderly households in Fremont ( defined by HUD as households with one or two persons, with either person 62 years of age or over), Fremont households that include at least one person with a disability, and large family households (defined as households with five or more people). As shown, elderly households and households that include at least one person with a disability are significantly more likely than average to be extremely low -income, very low -income, or low - income households, indicating that these types of special needs households could benefit disproportionately from housing that serves lower-income households. While comparable data are not available for female-headed households, ACS data collected between 2015 and 2019 indicate that 9.6 percent of female-headed family households in Fremont have incomes below the poverty level, compared to just 2.7 percent of all family households in Fremont. To the extent that lower-income Fremont households are impacted by displacement pressures , these data suggest that elderly residents , residents with disabilities , and female -headed households are significantly more likely to be impacted than the population at large.

In contrast, large family households in Fremont tend to have slightly higher incomes than average for Fremont households. However, these families are comparatively less likely to be served by the types of units that will be funded through Measure A1 funds regardless of household income level because of their need for large units.

Figure 21: Income Distribution by Household Type, Fremont, 2013-2017

Note: Data reflect HUD-defined household income limits. HAMFI stands for HUD Area Median Family Income. HUD defines an elderly household as a household with one or two persons, with either person 62 years or over.

Sources: U.S. Department of Housing and Urban Development, 2013-2017 Comprehensive Housing Affordability Strategy (CHAS) data; BAE, 2021.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 32 Among lower -income renter households in Fremont , elderly households and large family households are more likely to have a high housing cost burden, potentially indicating a disproportionate displacement risk for these households. Figure 22 shows housing cost burden for lower-income (80 percent of AMI or less) households in Fremont, including all lower-income Fremont households, lower -income elderly households in Fremont, and lower -income large family households. The figure shows that 93 percent of large family households that are lower- income renters pay more than 30 percent of their income for rent, compared to 8 5 percent of all lower-income renter households in Fremont. While 83 percent of lower-income elderly renter households pay more than 30 percent of their income for housing, comparable to the citywide proportion among lower-income renters, this is likely because many of these households live in affordable senior complexes. Consequently, lower-income elderly renter households that do not live in affordable housing may still be disproportionately likely to have a high housing cost burden. Approximately 57 percent of lower-income elderly renter households pay more than 50 percent of their income on housing, a significantly higher share than lower income renters overall in Fremont (45 percent). These figures indicate that at least some of Fremont’s lower - income special needs populations that rent their homes are struggling to afford housing and at a greater risk of displacement than lower-income renters in Fremont in general.

Figure 22: Housing Cost Burden Among Lower-Income Renters (up to 80% of AMI) Households in Fremont

Notes:

Data reflect HUD-defined household income limits. HAMFI stands for HUD Area Median Family Income. (a) HUD defines an elderly household as a household with one or two persons, with either person 62 years or over.

Sources: U.S. Department of Housing and Urban Development, 2013-2017 Comprehensive Housing Affordability Strategy (CHAS) data; BAE, 2021.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 33 COMMUTE TRENDS
Worker commute flows data shows an increasing mismatch between the City’s workforce a nd its labor force, indicating that many people working in local jobs might be having an increasingly difficult time affording housing in Fremont. The share of Fremont workers who also live in the City of Fremont has fallen significantly since 2010, a sign that housing production is not keeping pace with job growth in the City. In 2010, approximately 22 percent of Fremont’s workers lived in Fremont. A s of 2018, the share of Fremont workers residing in Fremont had declined to approximately 17 percent. Notably, there has been a significant increase in the number of Fremont workers living in more affordable cities such as Hayward, Oakland, and San Jose since 2010. Meanwhile, the share of employed Fremont residents commuting to work in Santa Clara County, San Mateo County, and San Francisco County has increased substantially since 2010.

This trend has coincided with a large increase in the number of higher income households living in Fremont.

Table 8: Change in Fremont Workers by Place of Residence, 2010-2018

Place of Residence Number Percent Number Percent Number Percent Alameda County 35,928 44.3% 44,901 39.9% 8,973 25.0%
Fremont 17,465 21.5% 19,415 17.3% 1,950 11.2%
Hayward 3,044 3.8% 5,114 4.5% 2,070 68.0%
Union City 3,266 4.0% 3,894 3.5% 628 19.2%
Newark 2,455 3.0% 3,083 2.7% 628 25.6%
Oakland 1,662 2.1% 2,738 2.4% 1,076 64.7%
Santa Clara County 21,401 26.4% 31,009 27.6% 9,608 44.9% San Jose 12,040 14.9% 18,554 16.5% 6,514 54.1%
Contra Costa County 4,542 5.6% 6,206 5.5% 1,664 36.6%
San Joaquin County 2,912 3.6% 5,235 4.7% 2,323 79.8%
San Mateo County 3,129 3.9% 4,448 4.0% 1,319 42.2%
Stanislaus County 1,311 1.6% 2,332 2.1% 1,021 77.9%
San Francisco County 1,494 1.8% 2,161 1.9% 667 44.6%
All Other Counties 10,338 12.8% 16,117 14.3% 5,779 55.9% Total Fremont Workers 81,055 100.0% 112,409 100.0% 31,354 38.7% Sources: Longitudinal Employer-Household Dynamics via OnTheMap, 2010 & 2018; BAE, 2020. 2010 2018 2010-2018 Change

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 34 SERVICE PROVIDER SUR VEY RESPONSES
Local s ervice providers report that displacement is a serious issue in Fremont , and disproportionately impacts racial and ethnic minority groups and special needs households and individuals. As part of this study , a survey was sent to dozens of representatives from local service providers to ask whether Fremont households are currently experiencing displacement or are at high risk of experiencing displacement. The service prov iders included agencies and organizations providing services to lower income households and individuals , persons experiencing homeless, elderly residents, residents with disabilities, and other vulnerable and underserved populations in Fremont as well as surrounding areas. Of the 21 service providers that responded to the survey, 15 said that their clients have moved out of Fremont due to economic hardship, are currently at risk of displacement, and/or are planning to move out of Fremont due to economic ha rdship or other reasons beyond their control . Service providers indicated that displacement pressure disproportionately impacts low -income households, with a sizeable portion of respondents also reporting that displacement disproportionately impacts racial and ethnic minorities, people with disabilities, and seniors. Some service providers also reported that displacement pressure disproportionately impacts single-parent households, large families, and families with children.

Figure 23: Service Provider Survey Responses

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 35 QUOTES FROM LOCAL SOCIAL SERVICE PROVIDERS

Many of our clients have definitely had to move
away. Their children are the ones who are deeply
affected. Young professionals have to work 2-3 jobs
just to be able to stay in Fremont. For those who
stay in California, they are moving to the Central
Valley, others to Florida or Texas.

The only way that clients are able
to stay in the Tri-City area is if
housing such as BMR, low-income
housing becomes available.

For the apartment buildings that offer units for low
income units, the lottery is like a real-life lotto. The wait time to turn in applications is extremely long.

Opportunities in Fremont [are] almost non-existent
and sadly many of our families are leaving the area.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) 36 SUMMARY OF FINDINGS
The City of Fremont has instituted a local live/work policy for affordable housing developments in Fremont, which the City plans to apply to four affordable housing projects in the development pipeline that have received funding through Alameda County Meas ure A1 bond funds . A live/work preference would allow individuals and households who live or work in Fremont and meet the eligibility requirements to have priority for units in these developments. Alameda County requires that cities conduct a displacemen t study in order to apply a local live/work preference to affordable housing developments funded through County Measure A1 bonds. The displacement study must demonstrate that a) Fremont residents are at greater risk of displacement than residents of Alameda County as a whole; b) current Fremont residents are being displaced; and c) a local live/work preference would prevent further displacement.

The information presented in this report demonstrates that all three of these conditions are met:

Fremont renters are at greater risk of residential displacement than renters of Alameda County overall, some lower-income Fremont residents have likely already been displaced, and a local live/work preference would help to prevent further displacement. Data on housing cost burden and overcrowding among Fremont residents strongly indicates that Fremont renters are more likely to be at risk of displacement than renters in Alameda County overall. Displacement risk disproportionately impacts households and individuals in Fremont with special housing needs, including seniors, people with disabilities, single -parent households, and large families. In addition, Fremont renters have experienced significant rent increases over the past decade, to a greater degree than renters in Alameda County as a whole. Moreover, t he number of lower- income renters in Fremont has decreased in recent years , while the number of lower -income renters in Alameda County overall increased slightly , suggesting that lower -income Fremont renters have already been disproportionately impacted by displacement . Data on commute flows, FUSD school enrollment data, and reports from local social service providers further indicate that Fremont households have been displaced, while many remaining lower-income households in Fremont continue to be vulnerable to displacement.

The findings in this report confirmed that Fremont renters are at greater risk of residential displacement than renters of Alameda County overall. Moreover, FUSD school enrollment data, commute trends, and survey responses from local social service providers are strong indicators that residential displacement has been occurring in Fremont. For many lower -income Fremont residents, a local live/work preference for affordable rental housing in Fremont is necessary to prevent displacement. Fremont’s lower-income renters are unlikely to be able to purchase a home and are therefore typically limited to renting market-rate rental units. These rental units are generally more expensive than lower -income households can afford and do not provide residents with protection from future rent increases. Even residents with Housing Choice Vouchers are often unable to find housing in Fremont due to the high cost and limited availability of rental units. These findings demonstrate the need for the City to have a local live/work preference policy for affordable rental housing, including for projects funded by Alameda County Measure A1 bonds, to mitigate displacement among Fremont’s vulnerable populations.

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Attachment: Informational Item 1 - Fremont Residential Displacement Study (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY)

Informational Item 2 – Public Communications

From: Donna Schroder <[email protected]
>
Sent: Friday, November 4, 2022 2:03 PM
To: Lucia Hughes <[email protected]>
Subject: Adoption of Live/Work Preference Policy for Affordable Housing

I cannot attend the virtual meeting, But I want to Let someone know that I am highly in favor of this adoption.

Donna Schroder
Fremont resident.

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Attachment: Informational Item 2 - Public Communications (4712 : ADOPTION OF LIVE/ WORK PREFERENCE POLICY) Fremont City Council Meeting: 12/20/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4781) DOC ID: 4781
Updated: 12/14/2022 4:35 PM by Susan Gauthier Page 1
COUNCILMEMBER COX REFERRAL: Request for a Flag Raising Ceremony to Celebrate Black History Month in February 2023 and Beyond Contact Persons:

Name: Teresa Cox
Title: Councilmember
Div/Dept: City Council
Phone: 510-284-4007
E-Mail: [email protected]

COUNCILMEMBER COX REFERRAL: Requests City Staff prepare for and conduct a Flag Raising Ceremony to Celebrate Black History Month in February 2023 and Beyond.

City of Fremont has never held a flag raising ceremony in honor of Black History Month since it was established in 1956.

The State of California Assembly, Alameda County, and the White House recognize that African-Americans have played a significant role in the history of our nation and have made numerous invaluable contributions to all parts of the United States and to California’s economic, cultural, spiritual, business, education, politics, science, medicine, the arts, and more while working tirelessly to promote their culture and history, fight against racism, and advance the cause of civil rights; and

In 1976, Black History Month was formally adopted to honor and affirm the importance of Black History throughout our American experience and is full of individuals who took a stance against prejudice, advanced the cause of civil rights, strengthened families, communities, and our nation; and

Americans of African descent helped develop our City of Fremont’s honor, strength, and distinction that can be attributed to the determined spirit of perseverance and diversity of cultures and traditions that are celebrated by our residents; and

The City of Fremont understands that African Americans have endured egregious discrimination and bigotry throughout the course of our Nation’s history, conflicting with the core values of the City of Fremont; and

The City of Fremont adopted a Compassionate City Charter in 2016 in a commitment to treat all people with justice, equity and respect in an effort to break down political, dogmatic, ideological and religious boundaries; and

The City of Fremont reaffirms a zero-tolerance policy on discrimination or anti-hate or harassment, as required by the United States and California Constitutions, and will pursue and investigate all incidents of hate crimes, personal violence, and offenses motivated through bias; and

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Council Staff Report (ID # 4781) Meeting of December 20, 2022 Updated: 12/14/2022 4:35 PM by Susan Gauthier Page 2
City of Fremont takes pride in and celebrates our diversity and works to foster the common values and commitments that unite all people, regardless of age, sexual orientation, gender identity or expression, cultural heritage, national origin, citizenship status, disability, physical attributes, socio-economic status, gender, race, or personal views on religion; and

Black History Month calls on our collective need to recognize and combat racism, and to continue to build a community that embraces all ages, races, religions, and genders; and

Black History Month is American History; and is a time where all citizens are encouraged to reflect on past successes and challenges of Black communities.

RECOMMENDATION: Direct staff to prepare for and conduct a Flag Raising Ceremony in honor of Black History Month starting in February 2023 and annually thereafter to show support and foster the common values and commitments that unite all people against all forms of racism, discrimination, harassment, hatred, violence directed at racial and ethnic minorities. Black History Month is a time to look to the future to improve society so that we live up to the ideals of freedom, equality, and justice.

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Fremont City Council Meeting: 12/20/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4780) DOC ID: 4780
Updated: 12/15/2022 9:05 PM by Susan Gauthier Page 1
MAYOR MEI REFERRAL: Appointments and Reappointments to Advisory Bodies Contact Persons:

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

MAYOR MEI REFERRAL: Appointments and reappointments to advisory bodies with terms expiring as follows:

Appointments:

Advisory Body Appointee Term Expires

Environmental Sustainability Commission Steve Skala 12/31/2026 (At-Large Representative)

Planning Commission Shobana Ramamurthi 12/31/2026

Recreation Commission Narda Mamou 12/31/2026

ATTACHMENTS:
• Environmental Sustainability Commisson Applications
• Planning Commission Applications
• Recreation Commission Application

Reappointments:

Advisory Body Appointee Term Expires

Art Review Board Christina Valdez Rodriguez 12/31/2026

Citizens Advisory Committee Beny Jain 12/31/2026
Arif Mohamed 12/31/2026
Alyssia Wong 12/31/2026

East Bay Regional Park District Larry Thompson 12/31/2026 Liaison Committee (Recreation Commission Primary Representative)

Economic Development Advisory Commission Jim Tietz 12/31/2026 (At Large Representative)

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Council Staff Report (ID # 4780) Meeting of December 20, 2022 Updated: 12/15/2022 9:05 PM by Susan Gauthier Page 2
Economic Development Advisory Commission Kari Paige 12/31/2026 (Commercial/Industrial Representative)

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Council Staff Report (ID # 4780) Meeting of December 20, 2022 Updated: 12/15/2022 9:05 PM by Susan Gauthier Page 3
Reappointments:

Advisory Body Appointee Term Expires

Environmental Sustainability Commission Shreya Ramachandran 12/31/2026 (Student Representative)

George W. Patterson House Advisory Board Elissa Winters 12/31/2025 (Recreation Commission Representative)

George W. Patterson House Advisory Board Al Minard 12/31/2026 (Mission Peak Heritage Foundation Representative)

George W. Patterson House Advisory Board Patricia Lacy 12/31/2025 (Washington Township Historical Society Representative)

Human Relations Commission Anna Wang 12/31/2026

Library Advisory Commission Kathleen Lang 12/31/2026

Planning Commission Charles Haiyun Liu 12/31/2026

Senior Citizens Commission Linette Young 12/31/2026 Monique Chapman 12/31/2026

Youth Advisory Commission Justin Ho 12/31/2024
Meryl Mathew 12/31/2024

RECOMMENDATION: Approve appointments and reappointments.

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Attachment: Environmental Sustainability Commisson Applications (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory

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Attachment: Environmental Sustainability Commisson Applications (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory Environmental Sustainability
Commission Application
Submit application to:

Office of the City Clerk
3300 Capitol Avenue, Building A
P.O. Box 5006
Fremont, CA 94537-5006
Or email to: [email protected]
Personal Information:

Mr. 
Mrs. 
Ms. 
Na
me: ______________________________________________________________________ Last First MI
Home Address: ___ ___________________________________________ Street City State Zip
Home Telephone: _ _________ Work Telephone: _______________________ E-mail: ____ ________ Fax: ___________________________
Resident of the City of Fremont: ____________ years
Commissioners with specific expertise/experience are sought for four of the seats, including:
St
udent (high school or college)
Bu
siness Community
De
velopment/Construction Industry
En
vironmental Organization
The other three seats are intended for the public-at-large. All Commissioners must reside in Fremont. Please check one of the above
Demographic Information:

Ethnicity:
□ American Indian or Alaskan Native □ Chinese
□ Black or African American □ White
□ Afghan □ Vietnamese
□ Mexican □ Filipino
□ Indian □ Pakistani
□ Other Asian origin: ________________ (write-in optional) -1-
Dinesh Vishruth
Fremont California 94555
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Attachment: Environmental Sustainability Commisson Applications (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory □ Other African origin: _______________ (write-in optional) □ Other Hispanic, Latino, or Spanish origin: __________ (write-in optional) Gender:
□ Male □ Prefer to self-identify
□ Female □ Prefer not to say
Language(s) Spoken: ____________________
Background Information:

Why do you wish to serve as a member of this Board or Commission: ____________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ What would you bring by way of perspective or experience to this Board or Commission: _____ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Employment/Volunteer Information:

Please list any qualifications you feel would provide positive input to the work of the commission.

Organization: _______________________________________ Dates: ____________________ Location: ________________________________ Position(s): __________________________ Responsibilities/accomplishments: ________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ -2-
English, Tamil, French
worries about our planet, and hopes to strike change. Over the past year, I have been actively participating in our school's I consider myself as one who genuinely
Being a part of a city environment commission is a rare opportunity for students and I hope to use it to understand provide me
with new
insights that I
can use to
influence
other
students.

American High School Science and Ecology Club since June 2022 American High School Gardening Club President
I am working with other interested students in creating a greener school environment. I am responsible for the backend work for each club meeting, which includes : creating an agenda preparing the materials, and most importantly executing the plan while working smoothly with other students.

I did not live in the U.S. for my whole life; I moved to India when I was in fourth grade, and moved back to the U.S. by middle school. India is one of the most polluted countries in the world and it struggles at disposing waste without harming the environment. However, over the time I lived there I learned that a lot of people really do worry about the waning state of the Earth. For example, the owners of the apartment complex that I lived in, planted so many trees and bushes. This experience allowed me to see India's perspective on the climate change issue and how they are tackling it. I believe that this experience will bring a different view to the commission. science and ecology club and my goal is to create awareness for the climate change issue and the need to be sustainable. the difficulties and the process to creating a sustainable city. Along with this, working with wise environmentalists in the commission will

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Attachment: Environmental Sustainability Commisson Applications (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory Organization: _______________________________________ Dates: ____________________ Location: ________________________________ Position(s): __________________________ Responsibilities/accomplishments: ________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Organization: _______________________________________ Dates: ___________________ Location: ________________________________ Position(s): __________________________ Responsibilities/accomplishments: ________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Organization: _______________________________________ Dates: ____________________ Location: ________________________________ Position(s): __________________________ Responsibilities/accomplishments: ________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Community Activities that you have been involved with (feel free to attach separate pages):
____________________________________________________________________________ Name of Organization Position/Responsibilities/Accomplishments Dates ____________________________________________________________________________ ____________________________________________________________________________ Name of Organization Position/Responsibilities/Accomplishments Dates ____________________________________________________________________________ Special awards or recognitions you have received: ________________________________ -3-
AHS Science and Eco Club Gardening Club President June 2022-present Non-Profit
Non-profit (name not officially created) Will receive 501(c)3 status by the end of December
Within Fremont Founder
community. Ultimately the goal is to educate students about gardening and sustainable living and show its importance in society.

The goal of the non-profit is to use the medical benefits of gardening to positively impact the Through partnerships with hospitals and old-age homes, the non-profit would provide a real life opportunity for students to learn and share with others about gardening. Not only would it be extremely beneficial to the body and mind, but it also shows students why sustainable living is important. As for my involvement, I will work on communication, partnerships, planning, and as a guide.

Founder December 2022
-----------------------------------------------

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Attachment: Environmental Sustainability Commisson Applications (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory ____________________________________________________________________________ ____________________________________________________________________________ Education Information:
____________________________________________________________________________ Educational Institution Degree/Diploma Field Year
____________________________________________________________________________ Educational Institution Degree/Diploma Field Year
Additional Information (Please provide any other information which you feel would be useful to the City Council in reviewing your application.)
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Civic service is a privilege and responsibility of interested, qualified, sincere citizens. The value and importance of wide participation of a large number of citizens cannot be measured. Your interest in serving on a board or commission of the City of Fremont is greatly appreciated.

General Information: Your application is a public document and will be kept on file for one year.

If you would like additional information, please call the City Clerk’s Office, at (510) 284-4060.

Please sign and date your application and submit to the Office of the City Clerk.

Thank you.
__________________________________________ _____________________________ Signature Date
-4-
American High School High School
Graduating in 2025
Some of my attributes that I believe would be beneficial to the commission include great organization skills, ability to communicate well, and being considerate of others.

November 27, 2022

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Attachment: Environmental Sustainability Commisson Applications (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory -1-
Board and Commission Application
Board or Commission you wish to serve on: _Planning Commission_ (Planning Commission applicants: Please attach supplemental questionnaire) Submit application to:

Office of the City Clerk
3300 Capitol Avenue, Building A
P.O. Box 5006
Fremont, CA 94537-5006
Personal Information:

Mr. q
Mrs. x
Ms. q
Name: Ramamurthi Shobana
Home Address: Fremont, CA -94555
Home Telephone: Work Telephone: _______________________ E-mail: Fax:___________________________
Resident of the City of Fremont: 25 years
Demographic Information:

Ethnicity:
□ American Indian or Alaskan Native □ Chinese
□ Black or African American □ White
□ Afghan □ Vietnamese
□ Mexican □ Filipino
X Indian □ Pakistani
□ Other Asian origin: ________________ (write-in optional) □ Other African origin: _______________ (write-in optional) □ Other Hispanic, Latino, or Spanish origin: __________ (write-in optional)

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Attachment: Planning Commission Applications (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory Bodies; Boards & -2-
Gender: □ Male □ Prefer to self-identify X Female □ Prefer not to say Language(s) Spoken: English and Tamil Background Information: Why do you wish to serve as a member of this Board or Commission: I strongly believe in taking an active role as a citizen in how and what policies are implemented in our government, especially in our local communities. Serving in the commission will also provide me an opportunity to give back to the city that has been my home for the last twenty-five years. I have always been interested in having a role in shaping the development of our beautiful city. What would you bring by way of perspective or experience to this Board or Commission: As a resident I have firsthand knowledge of all the challenges such as growing traffic congestion, shortage of affordable housing, increasing unhoused population and overcrowding of schools etc that Fremont deals with. From my experience as a member of Human Relations Commission, I have unique perspective and understanding of the needs and struggles of our people. As a community organizer for Organizing for America I have had the opportunity to meet and work with people from different walks of life for a common purpose. Employment/Volunteer Information: Please list any qualifications you feel would provide positive input to the work of the commission. Organization: ____Human Relations Commission___________________________________ Dates: ___12/12/18 to present_________________ Location: ____Fremont________ Position(s): ______Commissioner____________________ Responsibilities/accomplishments: To ensure the rights of all individuals in Fremont, help with providing grants to nonprofits serving the Tri City area and planning and hosting events to educate and empower people. Organization: __________________Ro Khanna for Congress_____________________ Dates: __________2013 to 2016__________ Location: __Fremont__ Position(s): ___Indo American Vote Director__ Responsibilities/accomplishments: Organize and conduct meet and greets, phone banking, canvassing, rallies, workshops and voter registration events. Organization: _____Organizing for America__________________________________ Dates: ____2007 to 2012________________

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Attachment: Planning Commission Applications (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory Bodies; Boards & -3-
Location: ____Fremont and Oakland____________________________ Position(s): ____________Field Organizer______________ Responsibilities/accomplishments: Managing teams, recruiting, training and empowering team leads. Hosting community events and managing the local office. Organization: _______________PTA________________________ Dates: _________2002 to 2007___________ Location: ______Fremont__________________________ Position(s): ________President, Vice President, Parliamentarian and chair of the harmony committee_________________ Responsibilities/accomplishments: _Conduct meetings, organize events, grew membership and implemented numerous programs for kids and parents. Community Activities that you have been involved with (feel free to attach separate pages): Forest Park Elementary School Site Council Member 2006 to 2010 Name of Organization Position/Responsibilities/Accomplishments Dates Safe Alternative to Violent Environment Volunteer/Hosted Fundraisers 2014 /2016 ____________________________________________________________________________ Name of Organization Position/Responsibilities/Accomplishments Dates Special awards or recognitions you have received: Civic Leadership Award by Ellen Corbett California State Senator, Celebration of Democracy Award for contribution to the community by Federation of Indo Americans, Recognized as a Hero by the Safe Alternative to Violent Environment. Education Information: Ragas Dental College and Hospital Bachelor of Dental Surgery Dentistry 1995 ____________________________________________________________________________ Educational Institution Degree/Diploma Field Year ____________________________________________________________________________ Educational Institution Degree/Diploma Field Year Additional Information (Please provide any other information which you feel would be useful to the City Council in reviewing your application.) ____________________________________________________________________________ ____________________________________________________________________________

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Attachment: Planning Commission Applications (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory Bodies; Boards & -4-
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Civic service is a privilege and responsibility of interested, qualified, sincere citizens. The value and importance of wide participation of a large number of citizens cannot be measured. Your interest in serving on a board or commission of the City of Fremont is greatly appreciated. General Information: Your application is a public document and will be kept on file for one year. If you would like additional information, please call the City Clerk’s Office, at (510) 284-4060. Please sign and date your application and submit to the Office of the City Clerk. Thank you. __________________________________________ December 2nd 2022 Signature Date

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Attachment: Planning Commission Applications (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory Bodies; Boards &

ONLY APPLICANTS FOR THE OFFICE OF

PLANNING COMMISSIONER NEED RESPOND
You are requested to provide written answers in your own words to the following questions.

Please use 8-1/2x11 inch standard size paper and write legibly or type. Thank you.

1. What do you feel are some of the factors which go into making a residential neighborhood a “good place to live?” What factors contribute to a good commercial or industrial area? What are some of the negative factors to the above?
Open green space for recreation, access to public transportation either by walking or by biking, access to essentials services and shopping, low crime rate and elementary school. A good commercial area must have access to multiple mode of transportation, large space for parking, space for future development/expansion, need to be aesthetically attractive and proximity to densely populated area. Industrial area's main requirements are vast space and proximity to infrastructure such as railways and highways. Some of the negative factors are poo r
in
frastructure, high crime rate, limited space etc.

2. What do you perceive to be the primary “planning” issues facing the community now and ove
r the next three years? Have you any ideas of how the community should approach s
olutions to these issues?
Three issues concern me as a resident. One, the traffic congestion which is getting worse. The las
t three years we have seen some temporary relief due to covid and people working remotely from home. Secondly, lack of affordable houses. Finally, how to balance economic growth driven by businesses both old and new with infrastructure. Solution requires shift in paradigm, instead of seeing only the economic advantages, need to consider the above-mentioned factors/concerns as top priority before we approve a plan.

3. How do you perceive the correct role of the Planning Commission regarding site a nd a
rchitectural reviews of commercial and industrial buildings? Do you feel you can reflect the community’s “aesthetic” values in reviewing the design of a building? Why? What are the rights of the property owner/developer that the Commission should respect?

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Attachment: Planning Commission Applications (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory Bodies; Boards & I must admit I do not have technical knowledge about architectural review. By using common sense, I would say, yes it needs to be aesthetically pleasing, safe, and in accord with community values and history. Developers/ property owner's rights that are bestowed by the law and constitution must be respected.

4. As land values continue to increase, so called “affordable housing” becomes more and more difficult to incorporate into the Planning concept. What are your thoughts on this aspect of future planning?
Affordable housing is important for our city to thrive. We need to be creative and persistent in our efforts to incorporate affordable homes. Need to look for ways to compromise, search for new ideas and talents to address this issue.

5. Planned Districts (PD’s) have been used extensively in Fremont to provide the City with a means to negotiate conditions with developers pertaining to their projects. Please state your views, “pro” or “con.”
Planned Districts gives an idea/ a template to be used as guidelines while negotiating and approving a plan/development, also you are not reinventing the wheel. someone like me who do not have extensive background in this field will certainly be useful.

6. What do you believe is the responsibility of a Planning Commissioner to the community? To the developer? To the City Council?
From our city's planning commission's overview, I understand that commission is responsible for recommending to the City Council the adoption, amendment, extension, addition to, and maintenance of the General Plan for the physical development of the City as mandated by State law.

The Commission also provides discretionary review and approval as provided by the Municipal Code over the subdivision of land, zoning, and land use.

Commissioner's responsibility to the community is to have its welfare and betterment as top priority and conduct oneself in a way that is ethical and appropriate. Commissioner's responsibility to developers is to make sure their rights under the law are respected and protected.

  

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Attachment: Planning Commission Applications (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory Bodies; Boards & -1-
Board and Commission Application

Board or Commission you wish to serve on: ____________Parks and Recreation_________________

(Planning Commission applicants: Please attach supplemental questionnaire)

Submit application to:

Office of the City Clerk
3300 Capitol Avenue, Building A
P.O. Box 5006
Fremont, CA 94537-5006

Personal Information:

Mr. ❑
Mrs. ❑
Ms. ❑
Name: ___________Mamou_____________Narda____________Echeverria___________ Last First MI

Home Address: __ ______________________
Street City State Zip

Home Telephone: __ __________ Work Telephone: _ _____

E-mail: ___ ___________ Fax:___________________________

Resident of the City of Fremont: __28_____ years

Demographic Information:

Ethnicity:
□ American Indian or Alaskan Native □ Chinese
□ Black or African American □ White
□ Afghan □ Vietnamese
□ Mexican □ Filipino
□ Indian □ Pakistani

□ Other Asian origin: ________________ (write-in optional) □ Other African origin: _______________ (write-in optional) □ Other Hispanic, Latino, or Spanish origin: Guatemala_____ (write-in optional)

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Attachment: Recreation Commission Application (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory Bodies; Boards & -2-
Gender:
□ Male □ Prefer to self-identify
□ Female □ Prefer not to say

Language(s) Spoken: __Fluent in:_English – Spanish – American Sign Language, and Conversational Arabic.

Background Information:

Why do you wish to serve as a member of this Board or Commission:

I am a big believer in serving and building communities

What would you bring by way of perspective or experience to this Board or Commission: _____

__I raised my two kids here. My son was three years old when I moved to Fremont and my daughter was born here. Fremont’s public schools and parks were the reason why we purchased a home in Fremont. My kids participated in many of the programs in the Recreation department. I have been providing employment services to people with disabilities close to 20 years, the sustainability and quality of our parks is not only a great responsibility, but it is critical to Fremont’s ongoing growth. My experience in diversity of all types, facilitates my ability to consider accessibility and value of spaces and programs. ________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Employment/Volunteer Information:

Please list any qualifications you feel would provide positive input to the work of the commission.

Organization: __TRENDS Careers __ Dates: 2017- Present____ Location: _San Francisco, San Mateo, Santa Clara, Alameda, Contra Costa Counties______________ Position(s): __ Founder/CEO _________

Responsibilities/accomplishments: _Create employment services program, recruit Career Counselors, disability and ADA training to team and employers, marketing, oversee daily operations and growth

____________________________________________________________________________

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Attachment: Recreation Commission Application (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory Bodies; Boards & -3-

Organization: __workABLE Career Trends___ Dates: ____2020- Present_______

Location: _____Fremont________ Position(s): ___Founder/CEO______ Responsibilities/accomplishments: workABLE is a nonprofit formed to create accessibility to employment and employment preparation services to under-represented communities.

Responsibilities include program development, generating funding, outreach to other service providers and creating cooperative partnerships, running daily operations, team recruiting and training.

Organization: ___Ohlone College_______ Dates: 2005-2017_______

Location: ___Fremont_________ Position(s): ___Employment Developer__

Responsibilities/accomplishments: In addition to providing employment services, served in the Classified negotiations team for 7 years.
____________________________________________________________________________

Organization: _______________________________________ Dates: ____________________

Location: ________________________________ Position(s): __________________________

Responsibilities/accomplishments: ________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Community Activities that you have been involved with (feel free to attach separate pages):

_Stellar Academy for Dyslexics - Board Member_- 2019 - 2021 Name of Organization Position/Responsibilities/Accomplishments Dates

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__Citizen’s Academy, Fremont PD - 2018
Name of Organization Position/Responsibilities/Accomplishments Dates

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Special awards or recognitions you have received: Hispanic Heritage Month – US Mint, San Francisco, CA – Hispanic Heritage Month Proclamation

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Attachment: Recreation Commission Application (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory Bodies; Boards & -4-

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Education Information:

Ohlone College – American Sign Language and Deaf Studies Educational Institution Degree/Diploma Field Year

__Sagrado Corazon, Guatemala - Accounting
Educational Institution Degree/Diploma Field Year

Additional Information (Please provide any other information which you feel would be useful to the City Council in reviewing your application.)

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Civic service is a privilege and responsibility of interested, qualified, sincere citizens. The value and importance of wide participation of a large number of citizens cannot be measured. Your interest in serving on a board or commission of the City of Fremont is greatly appreciated.

General Information: Your application is a public document and will be kept on file for one year.

If you would like additional information, please call the City Clerk’s Office, at (510) 284-4060.

Please sign and date your application and submit to the Office of the City Clerk.

Thank you.

____Narda E Mamou__________ June 13, 2022
Signature Date

7.B.1.c
Packet Pg. 157
Attachment: Recreation Commission Application (4780 : Mayor Mei Referral: Appointments & Reappointments to Advisory Bodies; Boards &