Fremont City Council
February 21, 2023

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
February 21, 2023

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 view the meeting on television and/or online or
attend in-person in the Council Chamber. The
Chambers have been arranged to encourage social
distancing between attendees and the public is
strongly encouraged but not required to wear
masks.

Submission of Public Comments: For those wishing
to make public comments at the February 21, 2023
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 - February 21, 2023

February 21, 2023 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) Attend meeting in-person in the Council Chamber, fill out a Speaker Card, and submit to the City Clerk. 2) By phone 833-430-0037 (toll free). Webinar ID: 893 6472 8259. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/89364728259
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.

February 21, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
February 21, 2023
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 - None.

C. GRANT FOR CENTERVILLE COMPLETE STREETS PROJECT - Authorize the City Manager to Participate in a Grant Application and to Enter Into an Agreement with Resources for Community Development to Receive Funding for the Centerville Complete Streets Project Under the Affordable Housing and Sustainable Communities Grant; Appropriate Funds; and Make Finding of CEQA Exemption.

Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Find that the recommended action is exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061 (b) (3) and is exempt from further environmental review in accordance with NEPA findings.

2. Authorize the City Manager to participate in the Affordable Housing and Sustainable Communities Program (AHSC) grant application and to enter into the AHSC Implementation and Mutual Indemnity Agreement with Resources for Community Development.

3. If awarded, accept AHSC funds in an approximate amount of $4.3 million and appropriate the funds to the Centerville Complete Streets Project – PWC8946-525.

February 21, 2023 Fremont City Council Page 4
D. SOLID WASTE TRANSFER AND RECYCLING PROCESSING CONTRACT AMENDMENT - Authorize staff to negotiate an amended and restated agreement with BLT Enterprises for Curbside Recycling Processing Services to Upgrade the Processing Equipment, Extend and Align the Contract Term with the Agreement for Solid Waste Transfer Services and Combine the Two Contracts into a Single Restated Agreement Contact Persons:

Name: Kathleen Cote-Guarnieri Suzanne Wolf
Title: Environmental Services
Manager
Community Services Director
Dept: Environmental Services Community Services
Phone: 510-494-4583 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize staff to negotiate an amended and restated agreement with BLT Enterprises for curbside recycling processing services to upgrade the processing equipment, extend and align the contract term with the Agreement for Solid Waste Transfer Services and combine the two contracts into a single restated agreement.

E. AMENDMENT TO THE ANIMALS ORDINANCE REGARDING URBAN
BEEKEEPING - Introduce Ordinance Amending Section 6.05.010, Adding Section 6.10.140 and Repealing Section 6.40.040 (ANIMALS ORDINANCE) Contact Persons:

Name: Kelly Miott Matthew Snelson
Title: Animal Services Manager Police Captain
Dept: Animal Services Police Department
Phone: (510) 790-6646 510-790-6874
E-Mail: [email protected] [email protected]

RECOMMENDATION: Waive the first reading and introduce the proposed ordinance, attached as Exhibit A, amending Fremont Municipal Code Section

6.05.010, adding Section 6.10.140, and repealing Section 6.40.040.

F. APPROVE SERVICE AGREEMENT TO UPDATE THE LOCAL HAZARD MITIGATION PLAN – Award the Contract to Foster Morrison Consulting, Ltd. and Authorize the City Manager to Issue a Service Agreement to Update the Local Hazard Mitigation Plan in an Amount Not to Exceed $185,514
Contact Persons:

Name: Alec Tune Donna Do
Title: Emergency Services Manager Management Analyst II Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or designee, to award the contract and to enter into a service agreement with Foster Morrison Consulting, Ltd., in an amount not to exceed $185,514.

February 21, 2023 Fremont City Council Page 5
G. ADOPT A RESOLUTION TO EXECUTE A LETTER OF INTENT WITH ALAMEDA COUNTY FIRE DEPARTMENT – Adopt a Resolution Authorizing the City Manager to Execute a Letter of Intent with the Alameda County Fire Department to Negotiate the Terms of a Proposal for Ambulance Services and/or Emergency Medical Service in Alameda County
Contact Persons:

Name: Curtis Jacobson Zoraida Diaz
Title: Fire Chief Deputy Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a letter of intent with the Alameda County Fire Department to negotiate the terms of a proposal for ambulance services and/or emergency medical services in Alameda County.

3. Ceremonial Items - None.

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

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items - None.

6. Other Business
A. CEREMONIAL FLAG DISPLAY - Consideration of Procedures and Guidelines Outlining the Display of Ceremonial Flag Commemorating Special Observances in Response to Council Direction from Councilmember Cox Referral on December 20, 2022
Contact Persons:

Name: Allen DeMers Amanda Gallo
Title: Assistant to the City Manager Management Analyst II Dept: City Manager's Office City Manager's Office
Phone: 510-494-4651 510-284-4016
E-Mail: [email protected] [email protected]

RECOMMENDATION: Receive staff report and approve staff recommendations confirming the Council’s direction regarding the display of ceremonial flags commemorating special observances.

February 21, 2023 Fremont City Council Page 6

7. Items Referred by Councilmembers
A. Councilmember Referrals - None.

B. Appointments to Boards, Commissions, Committees

1. MAYOR MEI REFERRAL: Appointment 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

Senior Citizens Commission Rebecca Garewal 12/31/2026

Carol Evans 12/31/2026

George W. Patterson House Advisory Board Elaine Juan 12/31/2025

RECOMMENDATION: Approve appointments.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
February 21, 2023 Fremont City Council Page 7

ACRONYMS

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

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

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

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

February 21, 2023 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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
Monday,
May 1, 2023 5:30 p.m. CC/FUSD Joint Meeting Council
Chambers Live
May 2, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 9, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 16, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 23, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
May 30, 2023 No City Council Meeting
(5th Tuesday)
June 6, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
June 13, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
June 20, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
June 27, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live

Fremont City Council Meeting: 02/21/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4795) DOC ID: 4795
Updated: 2/16/2023 12:30 PM by Alberto Quintanilla Page 1 GRANT FOR CENTERVILLE COMPLETE STREETS PROJECT - Authorize the City Manager to Participate in a Grant Application and to Enter Into an Agreement with Resources for Community Development to Receive Funding for the Centerville Complete Streets Project Under the Affordable Housing and Sustainable Communities Grant; Appropriate Funds; and Make Finding of CEQA Exemption.

Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate submittal of a grant application by Resources for Community Development (RCD) as the lead applicant for grant funding with the State of California Strategic Growth Council and Department of Housing and Community Development, for their Affordable Housing and Sustainable Communities Program (AHSC). The City will partner with RCD on the grant application through an Implementation and Mutual Indemnity Agreement. If awarded, the AHSC grant would fund eligible transportation infrastructure capital costs on Fremont Boulevard in the Centerville District.

BACKGROUND: The Centerville Complete Street project is located along Fremont Boulevard in the area between Alder Avenue and Eggers Drive. The scope of the project was approved by the City Council on February 8, 2022, following an extensive community engagement process which began in December 2019. The project has received a grant of Federal funding by the Alameda County Transportation Commission in the amount of $7.7 million. The weblink below provides information on the project scope, history, and status.

Due to inflationary increases in construction cost, the project has a shortfall in construction funding. As a result, staff is pursuing this additional grant funding to address the funding shortfall.

The AHSC Program grant funds land-use, housing, transportation, and land preservation projects to support infill and compact development that reduce greenhouse gas (GHG) emissions. The program has funded six rounds of grant applications and the Notice of Funding Availability (NOFA) for Round 7, Fiscal Year 2022-23, was released on January 30, 2023.

The AHSC Program lists the following grant eligible capital costs:

• Affordable Housing Development (AHD)
• Housing-Related Infrastructure (HRI)
• Sustainable Transportation Infrastructure (STI)
o New and improved bikeways
o New and improved pedestrian walkways and crosswalks, including signals o Traffic calming measure/complete streets

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Council Staff Report (ID # 4795) Meeting of February 21, 2023 Updated: 2/16/2023 12:30 PM by Alberto Quintanilla Page 2 o BRT Infrastructure: at-grade boarding, dedicated lanes, signal priority systems
o Purchase of new transit vehicles to expand/increase transit services o Transit Operations for service expansion
• Transportation-Related Amenities (TRA)
o Streetscape improvements such as lighting, signage or other amenities for pedestrians/cyclists
o Street furniture including bus shelters
o Bike infrastructure: repair kiosks, parking
o Urban greening
o Station/stop improvements

RCD is developing a 128-unit affordable housing project at 3900 Thornton Avenue. The housing related eligible costs (AHD and HRI) would be tied to the affordable housing project. The AHSC grant requires that eligible transportation costs (STI and TRA) are t ied to projects located within a 1-mile radius of the affordable housing development. Partnering with the City of Fremont would allow RCD to capture STI and TRA points within the grant scoring rubric, making RCD’s application more competitive. Various elements from the Centerville Complete Streets Project provide STI eligible capital costs in the form of new and improved bikeways, new and improved pedestrian walkways and crosswalks, including traffic signals, and other traffic calming and complete street measures.

The AHSC grant application will also include TRA eligible infrastructure improvements that would be implemented at the Centerville Train Depot to revitalize the plaza area and improve the interface with the public right of way. Additionally, RCD is partnering with the San Joaquin Joint Powers Authority, the operators of the Altamont Corridor Express (ACE) train service, on the AHSC grant application for the purchase of new transit vehicles to expand/increase transit service.

DISCUSSION/ANALYSIS: The timeline for the AHSC grant is as follows:

• January 30, 2023 – Notice of Funding Availability is released • April 4, 2023 – Grant applications are due
• August 2023 – Grant awards are announced

RCD will be the lead agency submitting the grant application and the City will enter into a separate agreement titled “AHSC Implementation and Mutual Indemnity Agreement” to participate in the application and commit to develop the AHSC project scope transportation items that are outlined in the grant if funds are awarded (draft agreement attached). The agreement must be approved by City Council and signed by the City, as part of the application that will be due in March 2023. If the grant is approved, the Agreement provides for all grant funds awarded to go through RCD as the lead applicant, and the City will process reimbursement requests through RCD for the funding allocated for City transit improvements.

FISCAL IMPACT: If the AHSC grant is successful, grant funds would be used to address a shortfall in fundi ng for the Centerville Complete Streets Project. A new project would be initiated to design and construct the plaza improvements at the Centerville Train Depot that would require a local funding match. The potential level of total funding available could be in an amount up to $4.3 million.

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Council Staff Report (ID # 4795) Meeting of February 21, 2023 Updated: 2/16/2023 12:30 PM by Alberto Quintanilla Page 3

ENVIRONMENTAL REVIEW: The recommended action related to the filing of a project application with RCD as the lead applicant and approval of a project grant agreement are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that it is not a project which has the potential for causing a significant effect on the environment.

As a separate and independent basis for CEQA compliance, review under the National Environmental Policy Act (NEPA) was performed for the Centerville Complete Streets project. A Categorical Exclusion (CE) with technical studies was prepared, and on July 11, 2022, the State determined that the project does not individually or cumulatively have a significant impact on the environment as defined by the National Environmental Policy Act (NEPA) and is excluded from the requirements to prepare an Environmental Assessment or Environmental Impact Statement.

WEBLINK: https://www.fremont.gov/government/departments/public-works/public- works-projects/centerville-complete-streets

ATTACHMENTS:
• Draft AHSC Implementation and Mutual Indemnity Agreement

RECOMMENDATIONS:

1. Find that the recommended action is exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061 (b) (3) and is exempt from further environmental review in accordance with NEPA findings.

2. Authorize the City Manager to participate in the Affordable Housing and Sustainable Communities Program (AHSC) grant application and to enter into the AHSC Implementation and Mutual Indemnity Agreement with Resources for Community Development.

3. If awarded, accept AHSC funds in an approximate amount of $4.3 million and appropriate the funds to the Centerville Complete Streets Project – PWC8946-525.

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1 AHSC Implementation and
Mutual Indemnity Agreement

THIS AHSC IMPLEMENTATION AND MUTUAL INDEMNITY AGREEMENT (the “Agreement”) is made and entered into as of ________________, 2023, between City of Fremont (“Agency”), and Resources for Community Development, a California nonprofit public benefit corporation (“Developer”, and collectively with the agency, the “Parties”, or individually, a “Party”), upon the basis of the following facts, understanding and intentions of the parties:

A. The State of California, the Strategic Growth Council (“SGC”) and the Department of Housing and Community Development (“HCD”) issued a Notice of Funding Availability dated _________ (the “AHSC NOFA”), under the Affordable Housing and Sustainable Communities (“AHSC”) Program established under Division 44, Part 1 of the Public Resources Code, commencing with Section 75200.

B. Developer is applying for AHSC Funds in response to the AHSC NOFA to provide funding for (A) construction of the 128-unit affordable housing project in Fremont, California (the “Housing Project”); (B) the construction of certain housing related infrastructure (the “HRI Improvements”); (C) the construction of certain sustainable transportation infrastructure (the “STI Improvements”); (D) the construction of certain transit related amenities (the “TRA Improvements”); and (E) certain costs related to TBD (the “AHSC Programs”). These improvements are described in more detail in the Final Application to be submitted by Resources for Community Development (collectively, the “AHSC Application”).

C. The AHSC Application seeks an award to the Developer in an aggregate amount of $__TBD____ in AHSC Funds consisting of: (A) $__TBD___ of AHSC loan Funds for a permanent loan (“AHSC Loan”) which will be disbursed to Thornton Affordable Housing, L.P. (the “Partnership”), for construction of the Housing Project; (B) $29,640,076 of AHSC grant funds shall be used for the purpose of reimbursing the cost of the HRI Improvements; (C) $6,000,000 of the AHSC grant funds for the purpose of reimbursing the cost of the STI Improvements; (D) $1,500,000 of AHSC grant funds for the purpose of reimbursing the cost of the TRA Improvements; and (E) $___TBD___ of AHSC grant funds for reimbursing the costs of the AHSC Programs. The AHSC grants shall be referred to collectively as the “AHSC Grants”.

The AHSC Loan and the AHSC Grants are collectively referred to herein as the “AHSC Financing.”
D. The Agency owns the property that the Transportation Obligations will be constructed on, and thus has sufficient “site control” as that term is defined in the AHSC Program Guidelines.

E. The Agency is a non-applicant, but, as set forth herein, will have obligations to perform the following specific STI Improvements, TRA Improvements, and AHSC Programs included in the AHSC Application (collectively, the “Transit Obligations”):

1. STI – Installation of new or improved bikeways that improve mobility and access of cyclists: ________________

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Attachment: Draft AHSC Implementation and Mutual Indemnity Agreement (4795 : GRANT FOR CENTERVILLE COMPLETE STREETS PROJECT)

2 2. STI – Installation of new or improved pedestrian corssings or over- crossings: _________________

3. _________________
F. The Agency shall be responsible for developing and constructing the Transit Obligations, and for all costs expenses related thereto, and Developer shall be responsible for constructing and developing the Housing Project and the HRI Improvements (together, the “Developer Obligations”), and for all costs and expenses related thereto. In connection with the AHSC Grants and AHSC Loan, Developer is required to enter into standard agreements, disbursement agreements, and regulatory agreements with HCD where Developer will be liable for the full and timely performance by the parties to complete the obligations set forth therein, including completion of the Housing Project, completion of the HRI, STI and TRA Improvements, and funding of the AHSC Programs, as described in the AHSC Application. The AHSC Application and all standard agreements, disbursement agreements, regulatory agreements and any other agreements required by HCD in connection with the AHSC Financing shall be collectively referred to herein as the “AHSC Documents”.

G. The Agency and Developer each acknowledge and agree that the inability or failure by either party to fully and timely complete each party’s respective improvements required by the AHSC Documents may affect the timing and right of the other party to receive disbursement of AHSC funds due the other party notwithstanding the other party’s full and timely performance of its obligations.

NOW, THEREFORE, in consideration of the recitals, covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:

AGREEMENT

1. Obligations. The Agency shall, in its sole responsibility, complete the Transit Obligations in accordance with the terms of the AHSC Documents and the approved design and construction documents. The Developer shall, in its sole responsibility, complete the Developer Obligations in accordance with the terms of the AHSC Documents and the approved design and construction documents. Each Party will provide the other Party with copies of all requisitions for work related to their respective work, the notice of completion, and other documents related to their respective work that another party may reasonably request.

2. Agency Indemnity. Agency is responsible for carrying out the Transit Obligations using AHSC grant proceeds in accordance with the AHSC Documents, including, but not limited to, any disbursement deadlines contained therein. Agency shall indemnify, defend, protect, and hold harmless Developer, and its affiliates, directors, officers, partners, members, agents and employees (each, an “Developer Indemnified Party”) against any and all claims, actions, suits, causes of action, losses, liabilities, injuries, costs, damages, or expenses (collectively, “Claims”), including, without limitation, any direct, indirect or consequential loss, liability, damage, or expense, court costs and attorneys’ fees, arising out of or in connection with the Agency’s performance of or failure to perform its obligations to complete the Transit Obligations, in the manner and within the time periods, and to otherwise perform any covenants

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Attachment: Draft AHSC Implementation and Mutual Indemnity Agreement (4795 : GRANT FOR CENTERVILLE COMPLETE STREETS PROJECT)

3 constituting Agency obligations, set forth in the AHSC Documents, including any claims, losses or liabilities of the Partnership caused by a breach or default under the AHSC Documents that triggers a default under the AHSC Loan. However, in no event shall the Developer Indemnified Party be indemnified hereunder for any Claims resulting from such party’s sole negligence or willful misconduct. Agency agrees to pay all of the Developer Indemnified Party’s costs and expenses, including attorneys’ fees, which may be incurred in any effort to enforce any term of this Agreement, including, but not limited to, all such costs and expenses which may be incurred by any Developer Indemnified Party in any legal action, reference or arbitration proceeding brought by HCD or other third party.

3. Developer Indemnity. Developer is responsible for carrying out the Developer Obligations using AHSC grant proceeds and AHSC Loan funds in accordance with the AHSC Documents, including, but not limited to, any disbursement deadlines contained. Developer shall indemnify, defend, protect, and hold harmless the Agency and its affiliates, directors, officers, partners, members, agents and employees (each, an “Agency Indemnified Party”) against any and all Claims, including, without limitation, any direct, indirect or consequential loss, liability, damage, or expense, court costs and attorneys’ fees, arising out of or in connection with Developer’s performance of or failure to perform its Developer Obligations to complete construction and development of the Housing Development, in the manner and within the time periods, and to otherwise perform any covenants, set forth in the AHSC Documents. However, in no event shall the Agency Indemnified Party be indemnified hereunder for any Claims resulting from such party’s sole negligence or willful misconduct. Developer agrees to pay all of the costs and expenses of the Agency Indemnified Party, including attorneys’ fees, which may be incurred in any effort to enforce any term of this Agreement, including, but not limited to, all such costs and expenses which may be incurred by any Agency Indemnified Party in any legal action, reference or arbitration proceeding brought by HCD or other third party.

4. Schedule of Performance; Progress Reports. Developer and Agency shall comply with the schedule of performance forth in Exhibit A attached hereto for the completion of their respective obligations hereunder (the “Schedule of Performance”). The Agency and Developer agree to give the other party a written monthly status report on the progress toward the milestones listed in Exhibit A, i.e., the Developer will report on the Developer’s progress on the Housing Project and HRI Improvements and the Agency will report on the Agency’s progress on the STI Improvements, TRA Improvements and AHSC Programs. If any Party anticipates not meeting the targeted construction and grant disbursement milestones as established in the AHSC Documents, that Party will promptly notify the other parties in writing and will meet the other Party to discuss the reasons why the milestone dates may not be met and what actions the delayed party intends to take to meet the milestones or otherwise rectify the work schedule in order to maintain good standing with the terms and conditions established in the AHSC Documents.

5. Delegation. Notwithstanding the obligations of each party under this Agreement, each party shall be entitled to enter into sub-agreements with each other or with other parties to provide any assistance or services needed for each party to perform its obligations under this Agreement and the AHSC Documents.

6. Cost Overruns. Developer shall be responsible for paying all costs required to complete the Housing Project, irrespective of whether such costs exceeds the AHSC Loan and

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Attachment: Draft AHSC Implementation and Mutual Indemnity Agreement (4795 : GRANT FOR CENTERVILLE COMPLETE STREETS PROJECT)

4 the portion of the AHSC Grant designated for the HRI Improvements. Agency shall be responsible for paying all costs required for the Transit Obligations irrespective of whether such costs exceed the portion of the AHSC Grant designated for the Transit Obligations.

7. Disbursement of AHSC Grant Funds. Developer and Agency agree that the AHSC Grants for the Transit Obligations shall be reimbursed directly to Agency and that the AHSC Grants for the HRI Improvements shall be reimbursed directly to Developer. The parties further agree that all of the AHSC Loan funds shall be disbursed directly to the Partnership.

Notwithstanding the foregoing, if required by the AHSC Documents, the Agency shall submit to Developer all draw requests for AHSC Grant funds for the costs associated with the Transit Obligations and Developer shall submit such requests to HCD and disburse to the Agency any such funds received from HCD. Agency shall apply any such proceeds received to pay the invoices submitted in connection with the draw request.

8. Implementation Agreements. In the event a grant award is received from AHSC, Developer and Agency recognize that each Party may need additional assurances from the other Parties (including assurances for the Project’s lenders and investors) regarding the specific grant award before commencement of construction of the Project. The Parties agree to cooperate in good faith to, if necessary, amend this Agreement and/or enter into an implementation agreement or other documents necessary to provide reasonable assurances and indemnifications related to the disbursement of AHSC Grant funds. The Parties recognize that any such amendments to this Agreement or execution of additional agreements may require approval of the Agency’s Board of Directors and the Developer’s Board of Directors.

9. Notices. Formal notices, demands, and communications between the parties shall be sufficiently given if, and shall not be deemed given unless, dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the parties as follows:

Agency:

Developer: Resources for Community Development
2220 Oxford St
Berkeley, CA 94704

10. Events of Default. The occurrence of any of the following events shall constitute an Event of Default under this Agreement:
(a) A Party fails to perform any of its obligations under this Agreement, and does not cure such failure within 30 days after written notice of such failure has been delivered to the defaulting party in accordance with Section 3 above; or (b) A Party purports to revoke this Agreement or this Agreement becomes ineffective for any reason.

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Attachment: Draft AHSC Implementation and Mutual Indemnity Agreement (4795 : GRANT FOR CENTERVILLE COMPLETE STREETS PROJECT)

5 11. Termination. This Agreement shall terminate upon the earlier of: (i) completion of the all obligations under the AHSC Documents; or (ii) mutual agreement of the parties hereto.

12. Third Party Beneficiary. The Partnership shall be a third party beneficiary of this Agreement and shall be entitled to the rights and benefits hereunder and may enforce the provisions hereof as if it were a party to this Agreement.

13. Assignment. Agency hereby acknowledges and approves the assignment by Developer and the Partnership to the Housing Project’s senior lender (“Construction Lender”) of all of their respective right, title and interest in, to and under the Agreement (the “Collateral”) as collateral security for the Partnership’s obligations to Construction Lender under, and in connection with Construction Lender’s loan to the Partnership. In the event Construction Lender forecloses upon the Collateral, Agency hereby agrees that Construction Lender shall have all of Developer’s rights and interests under the Agreement. Construction Lender is hereby made an express third party beneficiary of this Section 13, and the parties hereto shall not amend, modify or terminate the Agreement without Construction Lender’s express written consent.

14. Miscellaneous.
(a) Nothing in this Agreement shall be construed to limit any claim or right which any party may otherwise have at any time against an Indemnitor or any other person arising from any source other than this Agreement, including any claim for fraud, misrepresentation, waste, or breach of contract other than this Agreement, and any rights of contribution or indemnity under any federal or state environmental law or any other applicable law, regulation, or ordinance.
(b) If any party delays in exercising or fails to exercise any right or remedy against a Party, that alone shall not be construed as a waiver of such right or remedy. All remedies of any Party against the other Party are cumulative. (c) This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective representatives, heirs, executor, administrators, successors, and assigns. This Agreement may not be amended except by a written instrument executed by the parties hereto.
(d) This Agreement shall be deemed to have been delivered and accepted in the State of California and governed exclusively by the internal substantive laws of the State of California as the same may exist at the date hereof. The parties hereto hereby agree that any action hereon between the parties hereto and their successors in interest may be maintained in a court of competent jurisdiction located in the ADD State of California, and consent to the jurisdiction of any such California court for the purposes connected herewith. (e) Each party hereto intends that this Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the parties hereto. (f) This Agreement may be executed in multiple counterpart copies, any one of which when duly executed, with all formalities hereof, shall be fully binding and effective as the original of this Agreement.

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Attachment: Draft AHSC Implementation and Mutual Indemnity Agreement (4795 : GRANT FOR CENTERVILLE COMPLETE STREETS PROJECT)

6 (g) This Agreement shall be effective as of the date first written above, provided however that in the event that the parties do not receive an award of the AHSC Financing, this Agreement shall automatically terminate and be of no further force or effect.

[Signatures on following page]

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Attachment: Draft AHSC Implementation and Mutual Indemnity Agreement (4795 : GRANT FOR CENTERVILLE COMPLETE STREETS PROJECT)

7 Each of the undersigned hereby executes this Agreement in the spaces provided below to evidence their respective agreement to the terms of this Agreement.

Agency:

By: ________________________________
Name: ________________________________
Its: ________________________________

Developer:

Resources for Community Development

B y :

N a m e :

I t s :

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Attachment: Draft AHSC Implementation and Mutual Indemnity Agreement (4795 : GRANT FOR CENTERVILLE COMPLETE STREETS PROJECT)

B-8
1169\42\1669315.2

EXHIBIT A

Schedule of Performance

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Attachment: Draft AHSC Implementation and Mutual Indemnity Agreement (4795 : GRANT FOR CENTERVILLE COMPLETE STREETS PROJECT) Fremont City Council Meeting: 02/21/23 07:00 PM
3300 Capitol Avenue Div/Dept: Environmental Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4802) DOC ID: 4802
Updated: 2/17/2023 8:32 AM by Alberto Quintanilla Page 1

SOLID WASTE TRANSFER AND RECYCLING PROCESSING CONTRACT
AMENDMENT - Authorize staff to negotiate an amended and restated agreement with BLT Enterprises for Curbside Recycling Processing Services to Upgrade the Processing Equipment, Extend and Align the Contract Term with the Agreement for Solid Waste Transfer Services and Combine the Two Contracts into a Single Restated Agreement
Contact Persons:

Name: Kathleen Cote-Guarnieri Suzanne Wolf
Title: Environmental Services Manager Community Services Director Div/Dept: Environmental Services Community Services
Phone: 510-494-4583 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: The City contracts with BLT Enterprises for curbside processing and solid waste transfer services conducted at the Fremont Recycling and Transfer Station.

These services are provided under two separate agreements, the Curbside Processing Agreement expiring May 31, 2026 and the Solid Waste Transfer Agreement expiring June 30, 2037.

The curbside processing equipment was placed into service June 2006 and is reaching the end of its useful life. BLT Enterprises has proposed upgrading the equipment to incorporate current technology that will improve the separation of materials and increase diversion of material from the landfill. Due to the substantial capital investment required ($5-$6 million), implementation would require a minimum 10-year contract extension in order to amortize the equipment costs.

Staff’s assessment is that upgrading the processing equipment and extending the Curbside Processing Agreement could offer several benefits for the City and its rate payers, including improved recycling outcomes, reduced landfill costs, and predictable processing costs for an extended period. It would retain the facility’s operating efficiencies by maintaining incoming volumes and support a local facility and its work force. Using a curbside processing facility within Fremont reduces the travel time needed to deliver material for processing. This substantially improves the efficiency of the collection routes and reduces the recycling collection costs that are borne by rate payers.

Staff is recommending aligning the contract terms for curbside processing and solid waste transfer services into a single restated merged agreement expiring June 30, 2037. A single agreement would be more efficient to administer and eliminate the potential for conflicting language between the two agreements. It would provide an opportunity to update language for both curbside and solid waste transfers services to reflect current regulatory and market conditions and remove obsolete provisions.

Staff is recommending the City Council authorize staff to negotiate a merged restated agreement with BLT Enterprises for curbside processing and solid waste transfer services through June 30, 2037. Staff anticipates returning to the City Council in fall 2023 for

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Council Staff Report (ID # 4802) Meeting of February 21, 2023 Updated: 2/17/2023 8:32 AM by Alberto Quintanilla Page 2 approval of the agreement. There is no General Fund impact as any costs associated with these services are funded by rate payer fees.

BACKGROUND: The City has four solid waste agreements, including waste collection, solid waste transfer services, recycling processing and landfill disposal, which are all elements of providing solid waste services to Fremont residents and businesses. Collection is provided by Republic Services, landfill disposal is provided by Waste Management at Altamont Landfill and solid waste transfer and recycling processing services are provided by BLT Enterprises at the Fremont Recycling and Transfer Station (Transfer Station). Fees for these various solid waste services are calculated biennially in accordance with each contract's terms. The various solid waste fees are all components of the solid waste collection rates set once every two years by the Council and charged to ratepayers. The current rates are in effect through December 31, 2023.

Prior to development of the Fremont Recycling and Transfer Station, solid waste was direct hauled in collection vehicles for disposal at Tri-Cities Recycling and Disposal Facility, a landfill located at the terminus of Auto Mall Parkway. In anticipation of the landfill reaching capacity, the City entered into a facility development and operating agreement with BLT Enterprises to meet its long-term waste disposal needs. This Solid Waste Transfer Agreement (Agreement between the City of Fremont and BLT Enterprises of Fremont, Inc for Recyclable Diversion and Transfer Services) was executed in April 2004. Due to delays with the landfill closure date, solid waste delivery to the Fremont Recycling and Transfer Station did not commence until July 1, 2007. This delivery date triggered the 30-year contract term with an expiration date of June 30, 2037. The Solid Waste Transfer Agreement contains numerous sections related to the facility development and readiness and City obligations to transition delivery of waste, which are now obsolete.

Prior to development of the Transfer Station, the City direct hauled residential curbside recycling and organic material to Republic Services’ Newby Island Material Recovery Facility located on the Milpitas/San Jose border. The City conducted a procurement process when the City’s curbside processing contract with Republic Services expired and chose to transition curbside recycling processing to the Transfer Station. At the time, curbside organics were co-collected in split body trucks along with recycling and therefore organic material had to be off loaded at the Transfer Station as well. Republic Services has since transitioned to using single body trucks.

The Transfer Station does not have the capability to compost organic material, so it is consolidated and transported to Newby Island for composting. These services are covered under the Curbside Processing Agreement (Agreement between the City of Fremont and BLT Enterprises of Fremont, Inc for Curbside Recyclable Materials and Curbside Organic Waste Services). The contract term was established for a 20-year period in consideration of the expected life of the processing equipment. Curbside material delivery began June 1, 2006, approximately 1 year prior to the Transfer Station accepting solid waste. This delivery date triggered an expiration date of May 31, 2026. Due to the different contract terms, the City elected to execute a separate Curbside Processing Agreement rather than incorporating these services into the Solid Waste Transfer Agreement.

The Curbside Processing Agreement has been amended by a series of short-term compensation agreements (amendments 3, 4, 5 and 6) to address extraordinary impacts on the economics of processing the City’s curbside recycling material. These extraordinary

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Council Staff Report (ID # 4802) Meeting of February 21, 2023 Updated: 2/17/2023 8:32 AM by Alberto Quintanilla Page 3 conditions began with policy changes enacted by the Chinese government (known as National Sword), which increased recycling processing costs while reducing the market value of processed material. Amendment 6 was effective January 1, 2022 and the compensation terms are in effect through May 31, 2026, the duration of the Curbside Processing Agreement. These terms provide the following compensation to BLT Enterprises with biennial adjustments incorporated into the rate setting calculations and fully covered by the existing solid waste collection rates:

• Incoming Processing Fee
o $78.00 per incoming ton of Fremont curbside recycling o CPI adjustment

• Residue Landfill Payment
o $55.00 per ton of landfill bound residue
o Blended index adjustment consisting of 65% of the landfill tip fee increase and 35% of the CPI index.

• Mixed Paper Processing Fee
o $67.00 per mixed paper ton
o Adjustment based upon the average material revenue change per ton

• Curbside Extraordinary Adjustment Fee
o $12.18 per incoming ton of Fremont curbside recycling o Related to an extraordinary adjustment for living wage beginning January 2014
o CPI adjustment

• Residential Organics Transfer fee
o $30.67 per incoming ton of Fremont residential organics o CPI adjustment

The City receives a Curbside Offset fee of $2.86 for every ton on incoming curbside material that is delivered from outside of Fremont, Newark, or Union City. These are short-term sporadic occurrences and generally take place when another processing facility is temporarily unable to process its material due to equipment issues, facility maintenance closure, or an unexpected occurrence or emergency. This fee is adjusted by the CPI as par t of biennial rate setting.

DISCUSSION/ANALYSIS: The existing curbside processing equipment is reaching the end of its useful life. BLT Enterprises has proposed upgrading the processing equipment to incorporate optical sorting and other technology enhancements. This is expected to significantly improve processing efficiency, increase the material that can be diverted, and reduce the amount of material that is landfilled as processing residue. Due to the significant capital expense required ($5-$6 million), a minimum 10-year contract extension would be needed in order to amortize the equipment cost. BLT has also proposed retaining all the existing compensation terms and biennial adjustment formulas. In addition, BLT has indicated it is pursuing a long-term curbside processing contract from a neighboring jurisdiction which could more than double the curbside material volumes processed.

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Council Staff Report (ID # 4802) Meeting of February 21, 2023 Updated: 2/17/2023 8:32 AM by Alberto Quintanilla Page 4 Staff’s assessment is that upgrading the processing equipment and extending the Curbside Processing Agreement could offer several benefits for the City and its rate payers, including improved recycling outcomes, reduced landfill costs, and predictable processing costs for an extended period. It would retain the facility’s operating efficiencies by maintaining incoming volumes and support a local facility and its work force. Using a curbside processing facility within Fremont reduces the travel time needed to deliver material to an alternate facility for processing. This substantially improves the efficiency of the collection routes and reduces the recycling collection costs that are borne by rate payers. It is staff’s assessment however, that there are opportunities for improvement in the proposed contract terms.

The Solid Waste Transfer Agreement has number of provisions related to facility development and waste acceptance that are obsolete. The Agreement has six amendments that could be streamlined and consolidated. A single agreement for solid waste transfer and curbside processing services would be more efficient to administer and eliminate the potential for conflicting language between two agreements.

Staff is seeking authorization to negotiate an amended and restated agreement with BLT Enterprises for curbside recycling processing services to upgrade the processing equipment, extend and align the contract term with the Agreement for Solid Waste Transfer Services and combine the two contracts into a single restated agreement. Negotiations would include, but would not be limited to, the following items:

• Pricing for curbside processing;
• Continuation and/or pricing organic transfer services; • Performance/processing standards;
• Fremont benefit for additional long term incoming curbside material stream; • Construction & Demolition Debris processing;
• Removal of obsolete provisions;
• Assess the curbside extraordinary adjustment fee; and • Start date for new terms.

FISCAL IMPACT: Rate payer impacts are expected to be minimal because the extended contract term for curbside processing will be sufficient to amortize equipment upgrade costs. Staff anticipates that the existing solid waste collection rate structure and biennial adjustment procedure will continue to be adequate to fund all necessary solid waste and recycling collection, processing, and disposal costs. There is no General Fund impact as any costs associated with these services are funded by rate payer fees.

ENVIRONMENTAL REVIEW: Authorizing an amendment to the Recycling and Yardwaste Transfer Agreement as described this staff report is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

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Council Staff Report (ID # 4802) Meeting of February 21, 2023 Updated: 2/17/2023 8:32 AM by Alberto Quintanilla Page 5

RECOMMENDATION: Authorize staff to negotiate an amended and restated agreement with BLT Enterprises for curbside recycling processing services to upgrade the processing equipment, extend and align the contract term with the Agreement for Solid Waste Transfer Services and combine the two contracts into a single restated agreement.

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Fremont City Council Meeting: 02/21/23 07:00 PM
3300 Capitol Avenue Div/Dept: Animal Services
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4805) DOC ID: 4805
Updated: 2/16/2023 11:15 PM by Susan Gauthier Page 1

AMENDMENT TO THE ANIMALS ORDINANCE REGARDING URBAN BEEKEEPING - Introduce Ordinance Amending Section 6.05.010, Adding Section 6.10.140 and Repealing Section 6.40.040 (ANIMALS ORDINANCE)
Contact Persons:

Name: Kelly Miott Matthew Snelson
Title: Animal Services Manager Police Captain
Div/Dept: Animal Services Police Department
Phone: (510) 790-6646 510-790-6874
E-Mail: [email protected] [email protected]

Executive Summary: This staff report proposes revisions to the City of Fremont’s Animal Ordinance incorporating public input intended to reduce administrative barriers to , and City of Fremont active enforcement of, activities related to beekeeping.

BACKGROUND: On October 4, 2022, the Fremont City Council adopted an Ordinance No. 10-2022 amending Fremont Municipal Code (“FMC") Sections 6.10.030, 6.10.040,

6.10.070, 6.20.010, 6.30.040, 6.40.030, and 6.50.040, and adding Sections 6.10.130,

6.40.025, and 6.40.035 to the Fremont Municipal Code. These amendments revised language in Title 6 (“Animals”) of the FMC.

The City Council considered and removed section 6.40.040 (relating to the keeping of bees) from the proposed and adopted ordinance revisions and directed staff to conduct additional public outreach regarding those sections of the FMC in order to make recommendations that further met resident interest in encouraging urban beekeeping.

Consistent with City Council direction, City staff arranged for several forms of public engagement on the topic of beekeeping regulations in the FMC. Staff initially met with community experts and advocates on November 28, 2022. Staff also conducted an open, virtual community meeting on January 18, 2023. Finally, staff sought community input via its online community engagement platform MyFremont via an open community survey conducted between January 18 and January 25, 2023.

DISCUSSION/ANALYSIS: Staff has reviewed and synthesized the expert, advocate and general community input and has drafted new language for Council consideration. The revised recommended language reduces administrative/economic barriers to existing and potential new beekeepers and grants additional leeway in allowing for more beekeeping in a greater variety of circumstances. These changes will also have the effect of reducing the City’s enforcement authority with respect to some beekeeping related activities. City staff assesses that this reduction in enforcement authority will have minimal impact on community health and safety and, as such, has determined that the reduction is a reasonable exchange to encourage additional urban beekeeping.

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Council Staff Report (ID # 4805) Meeting of February 21, 2023 Updated: 2/16/2023 11:15 PM by Susan Gauthier Page 2
Public Outreach:

The City’s outreach, both to subject matter experts and to the general public, indicates an interest in eliminating barriers to urban beekeeping and in encouraging the creation of additional beekeepers in Fremont. Members of the public generally encouraged the City to eliminate beehive permitting and restrictions. While some community members expressed concerns regarding allergies and concentration of beehives in multifamily dwellings, the overwhelming interest of the community was to reduce barriers to beekeeping. Staff’s revised proposed ordinance language addresses a majority of community input by allowing for more beekeeping activities with less administrative restriction.

Proposed Code Revisions:

The most significant elements of the newly proposed language, and differences from the language that was rejected by the City Council on October 4, 2022, are summarized as follows:

• Eliminates requirement that beekeepers obtain a permit from the City of Fremont; • Eliminates the limit on the number of beehives that an individual may maintain ; • Allows beehives on multi-family balconies or patios;
• Reduces restrictions surrounding bee-hive placement so long as 5 feet of distance from adjacent property lines is maintained;
• Simplifies and/or eliminates beekeeping procedural language; and • Reduces City staff’s role in enforcement and compliance.

This proposed FMC revision largely aligns with public interest in reducing impediments to urban beekeepers by reducing the City’s oversight and enforcement role. Specifically, the elimination of City issued permits, and accompanying inspections, limits Animal Services ability to enforce specific standards in many situations and grants more autonomy to individual beekeepers to adhere to general community standards. Staff is generally reluctant to recommend reducing its authority to enforce standards, but in this case determined that calls for service related to potential beekeeping violations are minimal.

During the last six months, Animal Services staff has received no calls related to beekeeping. The attached ordinance achieves a public interest related to beekeeping and the estimated impact on community safety and health standards is minimal.

FISCAL IMPACT: The proposed ordinance revision eliminates a permitting fee and, if approved as recommended, will reduce general fund revenues by a nominal amount. Staff anticipates that this reduction in revenue will be less than $1,000 per year and that the reduced revenue can be absorbed by the Police Department’s existing general fund budget.

ENVIRONMENTAL REVIEW: The amendments to the Animal Ordinance are exempt from, and not subject to the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Sections 15378(b)(2) and/or (5), as it is an administrative governmental activity that will not cause any direct or indirect significant physical impact on the environment, and/or 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 amendments to the Animal Ordinance will clearly not have a significant effect on the environment and, thus, CEQA does not apply.

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Council Staff Report (ID # 4805) Meeting of February 21, 2023 Updated: 2/16/2023 11:15 PM by Susan Gauthier Page 3

ATTACHMENTS:
• 2023.02.21 - Bee Amendment to Animals Ordinance Draft Ordinance • Community Meeting Beekeeping 1-18-23
• Beekeeping MyFremont Survey Responses

RECOMMENDATION: Waive the first reading and introduce the proposed ordinance, attached as Exhibit A, amending Fremont Municipal Code Section 6.05.010, adding Section 6.10.140, and repealing Section 6.40.040.

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Ordinance No. XX- 2023 Page 1 of 4

DRAFT

ORDINANCE NO. XX-2023

AN O RDINANCE OF THE CITY OF FREMONT AMENDING
FREMONT MUNICIPAL CODE TITLE 6, SECTION 6.05.010,
ADDING SECTION 6.10.140 AND REPEALING SECTION 6.40.040

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

SECTION 1. FMC TITLE 6, ANIMALS, CHAPTER 6.05, SECTION 6.05.010 Fremont Municipal Code Title 6, Chapter 6.05, Section 6.05.010 is amended to add the following definitions:
(v) “Apiary” or “apiaries” means a place where honey bees (apis mellifera) are kept; a collection of beehives. “Beekeeping” is included under this definition.

(w) “Beehive” or “beehives” means the box or boxes in which honeybees are kept and from which honey and honeycomb are collected.

(x) “Responsible beekeeper” means the person or entity responsible for the placement, maintenance and safety of any individual hive or apiary.

SECTION 2. FMC TITLE 6, ANIMALS, CHAPTER 6.10, SECTION 6.10.140 Fremont Municipal Code Title 6, Chapter 6.10, Section 6.10.140 is added to read as follows:

Section 6.10.140 Bees.
(a) The installation and maintenance of apiaries does not require a permit or registration with the city. All apiaries must be registered with Alameda County (Food & Agriculture code section 29040 et seq.) and all beekeeping equipment and beehives must be maintained in good condition with adequate space and management techniques to prevent overcrowding and swarming. (b) All properties on which beehives are kept must provide for adequate water sources on the property at all times of year an d must ensure that they do not become a mosquito -breeding site.

Adequate sources are those that provide both an amount of water necessary for the number of bees or beehives and a method for the bees to safely access the water. (c) All apiaries shall be maintained and placed in a manner that encourages bees to disperse, rather than concentrate, before potentially encountering neighbors or other members of the public. Implementing at least one of the following strategies to disperse bees is required.

Additional measures to disperse bees may be required as determined by the Animal Services Manager:

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Attachment: 2023.02.21 - Bee Amendment to Animals Ordinance Draft Ordinance (4805 : AMENDMENT TO THE ANIMALS ORDINANCE Ordinance No. XX- 2023 Page 2 of 4

(1) Managing the direction and angle of the bee flyway from the entrance of the hive by properly siting and orienting the hives, and by using flyway barriers as needed to modify the departure angle, such that bees reach a height of eight or more feet above the ground. (2) Placing beehive boxes at least five feet from property lines. (3) Placing beehives behind a barrier at least six feet in height consisting of an impenetrable structure not limited to a fence, wall, building or dense vegetation. Fences, walls, and vegetation used to meet this standard shall also comply with Chapter 18.171, and accessory buildings used to meet this standard shall comply with Chapter 18.153. (d) In Single Family Dwelling lots, beehives shall not be located within 5 feet of any property line.
(e) Before beehives can be placed on Multiple Dwelling lots, the responsible beekeeper shall first obtain written consent from the property owner, or the homeowner’s association where one exists, and shall provide written notice to all current residents and owners of the residential development that are within a one hundred fifty-foot radius of the hive placement site. The notice must include, but is not limited to, the specific location of the beehive(s); the name, telephone, and email contact information for the beekeeper; the name, telephone, and email contact information of the property owner or homeowner’s association where the beehive(s) will be located; and the date on which the beekeeper plans to request permission from the property owner or homeowner’s association for the beehive. The notification must be provided to neighbors at least ten days prior to beekeeper submitting the request for permission to have a beehive(s) to the property owner or homeowner’s association. The responsible beekeeper must also clearly stencil their name and phone number on the beehive’s exterior. (f) Within Dwelling Group or similar developments, such as townhouses, beehives shall not be placed within five feet of any private balcony, private yards, or common open space except for those spaces exclusively owned or leased by the responsible beekeeper. (g) Failure to keep bees in accordance with this section is a public nuisance subject to abatement under Municipal Code Chapters 8.05 (Nuisance Conditions on Private or Public Property), 8.10 (Nuisance Response), and 8.60 (Neighborhood Preservation).

SECTION 3. FMC TITLE 6, ANIMALS, CHAPTER 6.40, SECTION 6.40.040 Fremont Municipal Code Title 6, Chapter 6.40, Section 6.40.040 is hereby repealed.

SECTION 4. CEQA
The amendments to the Animal Ordinance, an administrative government activity, 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 amendments to the Animal Ordinance will clearly not have a significant effect on the environment and, thus,

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Attachment: 2023.02.21 - Bee Amendment to Animals Ordinance Draft Ordinance (4805 : AMENDMENT TO THE ANIMALS ORDINANCE Ordinance No. XX- 2023 Page 3 of 4

CEQA does not apply.

SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 5. EFFECTIVE DATE
This ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 6. 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 this ordinance to be published again with the names of those City Council members voting for and against the ordinance. 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 of , 2023 and finally adopted at a regular meeting of the City Council held on the ____ day of _______, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

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Attachment: 2023.02.21 - Bee Amendment to Animals Ordinance Draft Ordinance (4805 : AMENDMENT TO THE ANIMALS ORDINANCE Ordinance No. XX- 2023 Page 4 of 4

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

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Attachment: 2023.02.21 - Bee Amendment to Animals Ordinance Draft Ordinance (4805 : AMENDMENT TO THE ANIMALS ORDINANCE 1 Animal Services Community MeetingFremont Police DepartmentJanuary 18, 2023

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS 2 Meeting Overview•Introduction•Current Beekeeping Ordinance and Proposed Amendments•Questions and Answers•Launch of My Fremont Community Survey

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS 3 Beekeeping Animal Ordinance Background•July 2021 Fremont City Council requested that staff review Animal Ordinance related to goats, chickens and beekeeping•September 8, 2022Community Meeting •September 8- September 15, 2022 My Fremont Community Survey•September 20, 2022 Ordinance amendments presented to City Council•October 4, 2022 Urban agriculture proposed amendments adopted by City Council. City Council directs staff to seek additional public input regarding beekeeping.•January 18, 2023 Community Meeting•January 18- January 25, 2023 My Fremont Community Survey•February 21, 2023 Animal Ordinance item to be reviewed at City Council

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS 4 Beekeeping- PermittingCURRENT •Permit requiredPROPOSED SEPTEMBER 2022•Permit required•Must register with Alameda County (Food & Agriculture code section 29040 et seq) and provide a copy of such registration to the Animal Services Manager.NEW CONCEPT FOR CONSIDERATION IN FEBRUARY 2023•No permit required•Must be registered with Alameda County (Food & Agriculture code section 29040 et seq) and all beekeeping equipment and beehives must be maintained in good condition with adequate space and management techniques to prevent overcrowding and swarming.

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS 5 Beekeeping- Property Square Footage & DistanceCURRENTNumber of BeehivesMinimum Distance From Any Fence LineLot Square Footage Permit Required05 feet 5,999 or less Yes 15 feet 6000 + Yes up to 25 feet 8000 + Yes up to 35 feet 10,000 + Yes no more than 5 5 feet 21,780 + Yes PROPOSED SEPTEMBER 2022Number of BeehivesMinimum Distance From Any Fence LineLot Square Footage Permit Required4 5 feet n/a YesNEW CONCEPT FOR CONSIDERATION IN FEBRUARY 2023SINGLE FAMILY DWELLINGNumber of BeehivesMinimum Distance From Any Property LineLot Square Footage Permit RequiredUndefined 10 feet n/a No

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS 6 Beekeeping- Location on PropertyCURRENT & PROPOSED SEPTEMBER 2022•No hive may be kept or maintained within any required front or side yard setbacks.NEW CONCEPT FOR CONSIDERATION FEBRUARY 2023•All apiaries shall be maintained and placed in a manner that encourages bees to disperse, rather than concentrate, before potentially encountering neighbors or other members of the public. Implementing at least one of the following strategies to disperse bees is required. Additional measures to disperse bees may be required as determined by the Animal Services Manager:•Managing the direction and angle of the bee flyway from the entrance of the hive by properly siting and orienting the hives, and by using flyway barriers as needed to modify the departure angle, such that bees reach a height of eight or more feet above the ground.

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS 7 Beekeeping- Location on Property, cont.NEW CONCEPT FOR CONSIDERATION FEBRUARY 2023•Placing beehive boxes at least ten feet from property lines.•Placing beehives behind a barrier at least six feet in height consisting of a non-penetrable structure not limited to a fence, wall, building or dense vegetation. Fences, walls, and vegetation used to meet this standard shall also comply with Section 18.171, and accessory buildings used to meet this standard shall comply with Section 18.453.•In Single Family Dwelling lots, beehives shall not be located within 10 feet of any property line.

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS 8 Beekeeping- Multiple dwelling balconies or patiosDwelling, multiple: FMC 18.25.940 “Multiple dwelling” shall mean a dwelling designed to contain three or more dwelling units, including apartments, condominiums, attached townhouses and similar dwellings…”CURRENT•N/APROPOSED SEPTEMBER 2022•Beehives are not permitted on multi-family balconies or patios.

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS 9 Beekeeping- Multiple dwelling balconies or patios, cont.NEW CONCEPT FOR CONSIDERATION FEBRUARY 2023Before beehives can be placed on Multiple Dwelling lots, the responsible beekeeper shall first obtain written consent from the property owner and/or the homeowner’s association, where one exists, and shall provide written notice to all current residents and owners on the lot or within the residential development that are within a one hundred fifty-foot radius of the hive placement site. The notice must include but is not limited to the specific location of the beehive(s); the name, telephone, and email contact information for the beekeeper; the name, telephone, and email contact information of the property owner or homeowner’s association where the beehive(s) will be located; and the date on which permission from the property owner or homeowner’s association is intended to be granted. The notification must be provided to neighbors at least ten days prior to owner permission being granted to the beekeeper . The responsible beekeeper must also clearly stencil their name and phone number on the box’s exterior.

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS 10 Beekeeping- Multiple dwelling balconies or patios, cont.NEW CONCEPT FOR CONSIDERATION FEBRUARY 2023Within Dwelling Group or similar developments, such as townhouses, beehives shall not be placed within ten feet of any private balcony, private yards, or common open space except for those spaces exclusively owned or leased by the responsible beekeeper.

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS 11 Beekeeping- CareCURRENT AND PROPOSED 2022•…must be maintained properly to prevent bees from swarming.•…must be provided a source of fresh clean water on the same lot or parcel as the hive.ADDITIONAL REQUIREMENTS PROPOSED SEPTEMBER 2022•Beehive entrances shall face away from the nearest property line(s).•Beehives must either be screened so that the bees must fly over a six-foot barrier, which may be vegetative, before leaving the property, or be placed at least eight feet (8') above the adjacent ground level.•A beehive shall be located a minimum of 25 feet from any dwelling on an adjacent property.

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS 12 Beekeeping- Care, cont.NEW CONCEPT FOR CONSIDERATION FEBRUARY 2023All properties on which beehives are kept must provide for adequate water sources on the property at all times of year and must ensure that they do not become a mosquito-breeding site. Adequate sources are those that provide both an amount of water necessary for the number of bees or beehives and a method for the bees to safely access the water.

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS 13 Beekeeping- EnforcementCURRENT AND PROPOSED SEPTEMBER 2022In the event that it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, the animal services manager may suspend any permit summarily, without a hearing, for a period not to exceed 30 days. Any animal fancier’s permit issued pursuant to this chapter may be revoked if, after investigation, the animal services manager finds any of the following to be true:(1) The permittee, his/her agent, or employee has been convicted of any offense involving the violation of the California Penal Code relating to cruelty to animals (Cal. Penal Code § 597) or is in violation of the city, county, state or federal laws relating to the regulation or keeping of animals;(2) The permittee has failed to keep and maintain the premises or housing for the animals in a clean and sanitary condition;(3) The permittee has, at the place for which the permit is issued, failed to provide any animal with proper food, water, shelter or attention;(4) The permittee has violated any rules, regulations or conditions adopted by the animal services manager as necessary to ensure an animal will not endanger the safety of any person or property; or(5) The permittee has changed the location where an animal is kept, or sells, assigns, transfers, donates, leases, or otherwise disposes of an animal for which the permit was issued.

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS 14 Beekeeping- EnforcementNEW CONCEPT FOR CONSIDERATION FEBRUARY 2023Failure to keep bees in accordance with this section is a public nuisance subject to abatement under Municipal Code Chapters 8.05 (Nuisance Conditions of Private or Public Property), 8.10 (Nuisance Response), and 8.60 (Neighborhood Preservation).

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS 15 New Concept Summary•Reduces beekeeper obligations to obtain a permit with the City•Simplifies and/or eliminates beekeeping procedural language•Reduces City staff’s role in enforcement & compliance•The City will rely on the technical expertise of community partners when appropriate

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS

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Attachment: Community Meeting Beekeeping 1-18-23 (4805 : AMENDMENT TO THE ANIMALS Animal Ordinance Survey -
Beekeeping- Share your
Thoughts!

SURVEY RESPONSE REPORT
18 January 2023 - 25 January 2023
PROJECT NAME:

City of Fremont Animal Ordinance Update- Beekeeping

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Attachment: Beekeeping MyFremont Survey Responses (4805 : AMENDMENT TO THE ANIMALS ORDINANCE REGARDING URBAN BEEKEEPING)

SURVEY QUESTIONS
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Attachment: Beekeeping MyFremont Survey Responses (4805 : AMENDMENT TO THE ANIMALS ORDINANCE REGARDING URBAN BEEKEEPING) Q1

Do you think the city should require beehive permitting? 11 (27.5%)
11 (27.5%)
28 (70.0%)
28 (70.0%)
1 (2.5%)
1 (2.5%)
Yes No Other (please specify)
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Attachment: Beekeeping MyFremont Survey Responses (4805 : AMENDMENT TO THE ANIMALS ORDINANCE REGARDING URBAN BEEKEEPING) Q2

What do you think should be a required minimum distance from the property line for beehives?
17 (42.5%)
17 (42.5%)
9 (22.5%)
9 (22.5%)
3 (7.5%)
3 (7.5%)
11 (27.5%)
11 (27.5%)
0-10 10-25 25+ Other (please specify)
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Attachment: Beekeeping MyFremont Survey Responses (4805 : AMENDMENT TO THE ANIMALS ORDINANCE REGARDING URBAN BEEKEEPING) Q3

Should the city limit the number of beehives by property square footage? 19 (47.5%)
19 (47.5%)
18 (45.0%)
18 (45.0%)
3 (7.5%)
3 (7.5%)
Yes No Other (please specify)
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Attachment: Beekeeping MyFremont Survey Responses (4805 : AMENDMENT TO THE ANIMALS ORDINANCE REGARDING URBAN BEEKEEPING) Q4

Do you think beehives should be allowed on multi-family balconies or patios? 9 (22.5%)
9 (22.5%)
24 (60.0%)
24 (60.0%)
7 (17.5%)
7 (17.5%)
Yes No Other (please specify)
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Attachment: Beekeeping MyFremont Survey Responses (4805 : AMENDMENT TO THE ANIMALS ORDINANCE REGARDING URBAN BEEKEEPING) Q5

Should beehives be limited to a specific area of a resident’s yard (i.e. front yard, side yard, back yard)?
12 (30.0%)
12 (30.0%)
25 (62.5%)
25 (62.5%)
3 (7.5%)
3 (7.5%)
Yes No Other (please specify)
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Attachment: Beekeeping MyFremont Survey Responses (4805 : AMENDMENT TO THE ANIMALS ORDINANCE REGARDING URBAN BEEKEEPING) Q6

Would you have concerns if the City generally relaxed its enforcement of beekeeping activities?
6 (15.0%)
6 (15.0%)
32 (80.0%)
32 (80.0%)
2 (5.0%)
2 (5.0%)
Yes No Other (please specify)
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Attachment: Beekeeping MyFremont Survey Responses (4805 : AMENDMENT TO THE ANIMALS ORDINANCE REGARDING URBAN BEEKEEPING) Anonymous
1/18/2023 06:26 PM
Bees are in bad danger, so beekeeping should be encouraged. I recommend Fremont puts together a Beekeeping club like most counties.

Anonymous
1/18/2023 06:53 PM
Thank you for helping to make Fremont so much more pollinator friendly!
The proposal sounds reasonable and allows for the help of people who can handle swarms and even nuisance problems.

Anonymous
1/19/2023 02:53 PM
The more bees the better.

Anonymous
1/19/2023 02:54 PM
I think it’s wonderful to have beehives in Fremont
Anonymous
1/19/2023 03:49 PM
Bees are necessary for survival.

Anonymous
1/20/2023 03:25 PM
I think beekeeping should be encouraged in Fremont. The are endangered and necessary to agriculture.

Many in Fremont are
growing fruit and veggies in their own gardens.Let us have bees.

Anonymous
1/20/2023 04:02 PM
It should be encouraged
Anonymous
1/20/2023 04:36 PM
I don't think beekeeping should be entirely unregulated. There are occasions when neighbors cannot manage perceived nuisances among themselves. When conflicts do occur it is best to bring in someone knowledgeable about the subject. Often the issue can be fixed with a minor adjustment to the hive or the beekeeper's practice.

If after a mediation is attempted the issue is still unresolved there should be a means to address the situation. I believe nuisance regulations are already on the books that provide adequate authority to deal with this circumstance.

There are likely more than two
hundred beekeepers in Fremont. Most are highly sensitive to the concerns of neighbors and do everything they can to avoid causing annoyance or harm. I have heard that calls about bees to Animal Control are very rare. This attests to the seriousness and care of the beekeeping community.

Q7

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Attachment: Beekeeping MyFremont Survey Responses (4805 : AMENDMENT TO THE ANIMALS ORDINANCE REGARDING URBAN BEEKEEPING) Anonymous
1/20/2023 05:04 PM
Bees are critical and should be accommodated as much as is safe.

Anonymous
1/20/2023 05:12 PM
I'm allergic to bees and feel that they are a threat to my health Anonymous
1/20/2023 09:31 PM
Beekeeping is too difficult for a person to do it by themselves without the mentoring of bee experts and bee associations.

Anonymous
1/21/2023 12:39 AM
Urbanization is injurious to nature. It is everyone's responsibility to do their part. Bees are essential for all that backyard garners and nature.

If anything, the city needs to encourage more bees in the community.

Not all bees sting but all bees help nature and they are gatekeepers of healthy earth
Anonymous
1/21/2023 10:10 AM
Please consider those allergic to insect bites
Anonymous
1/21/2023 11:44 AM
Go back to 5 feet minimum distance from property line for beehives Anonymous
1/21/2023 08:58 PM
Has there been an uptick in problems associated with beekeeping? Beekeeping is a domestic activity like keeping kittens or fish.

Anonymous
1/22/2023 07:33 AM
let people run a cottage business.It's not harming anyone..Also what/who brought up concerns about beekeeping?
Anonymous
1/23/2023 10:53 AM
It would be great to have a hotline to call when wild bees are found somewhere so that they could be moved safely to another home if needed.

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Attachment: Beekeeping MyFremont Survey Responses (4805 : AMENDMENT TO THE ANIMALS ORDINANCE REGARDING URBAN BEEKEEPING) Q8

What is your connection to the City of Fremont? (Please check all that apply.) I am a resident of Fremont. I am business owner in Fremont. I own a property in Fremont. I work in Fremont. I visit Fremont for personal tasks and entertainment. Prefer not to answer.

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25 30
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If you live in Fremont, which District do you live in? If you don’t know, please visit the Council District Locator Map.

District 1 District 2 District 3 District 4 District 5 District 6 Prefer not to answer.

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3 4
5 6
7 8
3 7
4 3
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What is your racial/ethnic identity?
1 (2.6%)
1 (2.6%)
6 (15.8%)
6 (15.8%)
14 (36.8%)
14 (36.8%)
1 (2.6%)
1 (2.6%)
16 (42.1%)
16 (42.1%)
0 (0.0%)
0 (0.0%)
0 (0.0%)
0 (0.0%)
0 (0.0%)
0 (0.0%)
0 (0.0%)
0 (0.0%)
Hispanic/Latinx East/South/Southeast/Central As White Mixed Race Prefer not to answer Black/African American Native American/Indigenous Middle Eastern Pacific Islander Question options
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What is your age?
2 (5.1%)
2 (5.1%)
4 (10.3%)
4 (10.3%)
8 (20.5%)
8 (20.5%)
3 (7.7%)
3 (7.7%)
7 (17.9%)
7 (17.9%)
6 (15.4%)
6 (15.4%)
9 (23.1%)
9 (23.1%)
0 (0.0%)
0 (0.0%)
18-29 30-39 40-49 50-59 60-69 70+ Prefer not to answer Under 18 Question options
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How do you identify your gender?
10 (25.6%)
10 (25.6%)
21 (53.8%)
21 (53.8%)
1 (2.6%)
1 (2.6%)
7 (17.9%)
7 (17.9%)
Male Female Gender diverse (non-binary/third gender) Prefer not to answer Question options
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Attachment: Beekeeping MyFremont Survey Responses (4805 : AMENDMENT TO THE ANIMALS ORDINANCE REGARDING URBAN BEEKEEPING) Fremont City Council Meeting: 02/21/23 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4806) DOC ID: 4806
Updated: 2/16/2023 11:19 PM by Susan Gauthier Page 1

APPROVE SERVICE AGREEMENT TO UPDATE THE LOCAL HAZARD MITIGATION PLAN – Award the Contract to Foster Morrison Consulting, Ltd. and Authorize the City Manager to Issue a Service Agreement to Update the Local Hazard Mitigation Plan in an Amount Not to Exceed $185,514
Contact Persons:

Name: Alec Tune Donna Do
Title: Emergency Services Manager Management Analyst II Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

Executive Summary: The City of Fremont (City) issued a request for proposals (RFP) to hire a consultant to prepare a new, Tri-Cities Multi-jurisdictional Local Hazard Mitigation Plan (LHMP) that will meet or exceed all Federal Emergency Management Agency (FEMA) and State of California (State) regulatory requirements, including requirements to update the City’s 2016 LHMP. The new plan will assess the risk that any number of natural disasters pose to Fremont; propose strategies and projects to reduce risk to the community and public infrastructure; integrate other local agencies into the planning process – including Alameda County Water District, Union Sanitary District, and others; and engage the public in the planning process. The resulting Tri-Cities Multi-jurisdictional LHMP will enable the City to apply for funding for capital projects and certain other projects which reduce the risk of natural disasters to the community, and specifically to public infrastructure. Following outreach to local, national, and international firms specializing in hazard mitigation planning services, and following a competitive selection process, Staff recommends the City enter into a service agreement with Foster Morrison Consulting, Ltd. (Foster Morrison), in conjunction with its subconsultants, to complete the Tri-Cities Multi-jurisdictional LHMP, while meeting all requirements to update the City’s LHMP. The amount of the agreement shall not exceed $185,514.

BACKGROUND: The City is required by the Disaster Mitigation Act (DMA) of 2000 to prepare, maintain, and update its LHMP at least once every five years as condition of receiving FEMA Hazard Mitigation Grant Program (HMGP) funding under FEMA’s Pre-Disaster Mitigation Program. The City is not required to maintain an LHMP in order to be conside red for other Federal and State Disaster Assistance funding, including any authorized assistance from recent storms. The City’s last LHMP was approved by Council on December 20, 2016 and was subsequently approved by FEMA on January 9, 2017.

In June 2021, following extensive coordination with neighboring jurisdictions, the Fremont Fire Department’s Office of Emergency Services prepared and submitted a proposal to the California Governor’s Office of Emergency Services (Cal OES) for funding to complete a Tri - Cities Multi-jurisdictional LHMP. Emergency Management personnel from the City of Fremont, City of Newark, City of Union City, Alameda County Water District, and the Union Sanitary District agreed to participate in the proposed project – allowing for better integration of water and wastewater infrastructure vulnerabilities into the overall assessment of community risk, while addressing interdependencies in strategies to reduce

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community risk. On September 6, 2022, Cal OES notified the City of its intent to award grant funding for the project, on a cost-reimbursement basis, not to exceed $187,500. On October 18, 2022, Council voted unanimously to accept and appropriate the funding.

DISCUSSION/ANALYSIS: To find qualified consultants to prepare the new Tri-Cities LHMP, the City issued RFP # 23-014 in December 2022. The RFP was distributed via the City’s e-procurement system and Supplier Clearinghouse, including notifications to minority - owned businesses and women-owned business enterprises. A total of five proposals were received, submitted by BOLDplanning, Inc.; Innovative Emergency Management, Inc.; Witt O’Brien’s, part of the Ambipar Group; Tetra Tech, Inc.; and Foster Morrison. Following an independent screening of all proposals by a staff analyst to verify that the proposals submitted met RFP requirements, an evaluation team – consisting of emergency management subject matter experts from the Cities of Fremont, Newark, and Union City; Alameda County Water District; and Union Sanitary District – reviewed the proposals. All proposals were evaluated according to scoring criteria delineated in the RFP. The staff analyst independently collected and tabulated the scoring, and the three consultants which achieved the highest scores on the written proposal assessment advanced to interviews for further evaluation. Following collection and tabulation of interview scores, Foster Morrison attained the highest overall, combined score.

Foster Morrison, based in Arvada, CO, specializes in LHMPs and has extensive experience working in the California regulatory environment. Foster Morrison works with experienced subcontractors to fulfill all aspects of LHMPs and proposes to subcontract with Howell Consulting, Inc. (Howell Consulting) and Walker Floodplain Management, LLC (Walker FPM) for this contract. Foster Morrison has completed LHMPs for more than 27 California communities since 2003 – and has repeatedly been re-hired by the same jurisdictions to complete subsequent five-year LHMP updates. Foster Morrison is registered and licensed to do business in the State of California and is also registered and in good standing with the Federal Procurement System for Award Management. The firm recently completed the East Bay Regional Park District’s LHMP Update, on time and on budget. The firm is co-owned by Jeanine Foster, JD and Christopher Morrison, Certified Floodplain Manager (CFM).

Howell Consulting, based in Rancho Murieta, CA, specializes in hazard mitigation planning and risk analysis. Howell Consulting worked with Foster Morrison in the development of numerous California LHMPs and LHMP updates over the past six years, including for the City of Piedmont and Sacramento County. The firm will be responsible for quality assurance.

Walker FPM is a single-member LLC, based in Shingle Springs, CA, formed to provide technical assistance to local governments in meeting their floodplain management and FEMA National Flood Insurance Program (NFIP) Community Rating System (CRS) goals. Walker FPM’s resources include the expertise of Carl Walker, a California professional Civil Engineer and CFM, and former floodplain manager for the City of Roseville, where he launched the first CRS Class 1 community in the nation, and the only such community in California.

Foster Morrison’s proposal meets and exceeds the minimum requirements of the RFP in several ways. Specifically, the firm will:

• Develop an action framework to reduce flood insurance premiums for property owners. The new plan will ensure the City’s continued compliance with the FEMA NFIP as required by updated DMA planning guidance, while developing the

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new plan in accordance with the 2017 FEMA NFIP CRS Schedule. The plan will incorporate elements to maximize Floodplain Management Planning credits under the CRS, while outlining additional steps for the City to consider implementing following completion of the plan in order to reduce flood insurance premiums to Fremont property owners who are required to maintain, or who elect to maintain, flood insurance.
• Incorporate Earthquake Modeling into the Plan. The consultant will model at least four earthquake scenarios involving, at minimum, the Hayward and San Andreas Faults. This analysis will include modeling of physical and economic damage to public and private property, to include shaking, liquefaction, and fire following earthquake. More detailed modeling of earthquake impacts to select, critical public facilities will also be included. Fire following earthquake modeling will incorporate various weather conditions (namely windspeed and direction), while considering factors such as post-earthquake water supply complications. • Ensure plan alignment. The new plan will align with goals and objectives of the 2018 (and forthcoming 2023) State of California Hazard Mitigation Plan while integrating into the City’s General Plan Safety Element (in compliance with AB 2140), addressing climate adaptation and resilience (in compliance with SB 379), and addressing risk of local dams in accordance with FEMA’s High Hazard Potential Dam (HHPD) program.

Foster Morrison is committed to completing the new plan by December 2023, with planned submittal to Cal OES/FEMA in early January 2024. The FEMA grant-funded project must be completed no later than August 26, 2024.

FISCAL IMPACT: The City Council previously appropriated $187,500 in the Federal Operating Grants Fund (Fund 199) for this purpose. A matching fund requirement of $62,500 (25%) can be met through in-kind contributions of participating agency staffs’ hours.

ENVIRONMENTAL REVIEW: This action is not subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines sections 15262 because it involves only feasibility or planning studies for possible future action which the City has not approved, adopted, or funded. As a separate and independent basis, this action is also exempt because it is an administrative governmental activity that will not result in direct or indirect physical changes in the environment. The item is not subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines sections 15378 because the action is an administrative governmental activity that will not result in direct or indirect physical changes in the environment. As a separate and independent basis for CEQA compliance, the action is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), which exempts projects when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

ATTACHMENTS:
• 2022-10-18 Hazard Mitigation Grant Funds Staff Report #4714

RECOMMENDATION: Authorize the City Manager, or designee, to award the contract and to enter into a service agreement with Foster Morrison Consulting, Ltd., in an amount not to exceed $185,514.

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Fremont City Council Meeting: 10/18/22 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4714) DOC ID: 4714
Updated: 10/12/2022 1:46 PM by Alberto Quintanilla Page 1 HAZARD MITIGATION GRANT FUNDS - Accept and Appropriate Federal Emergency Management Agency Hazard Mitigation Grant Funds in the amount of $187,500 to Update the Local Hazard Mitigation Plan
Contact Persons:

Name: Alec Tune Donna Do
Title: Emergency Services Manager Management Analyst II Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

Executive Summary: Staff seek City Council approval to accept a grant award obligated by the Federal Emergency Management Agency (FEMA) and the California Governor’s Office of Emergency Services (Cal OES) to the City of Fremont in the amount of $187,500, and to enter into an agreement with Cal OES to appropriate and use the funds to update the City’s Local Hazard Mitigation Plan (LHMP). Pursuant to FEMA rules and best practices, staff propose a partnership among neighboring jurisdictions to prepare a new, Tri-Cities Multi- jurisdictional LHMP that will meet all FEMA regulatory requirements, including requirements to update the City’s LHMP.

BACKGROUND: FEMA’s Hazard Mitigation Grant Program (HMGP) supports State and local governments with grant funding following Presidentially declared Major Disasters in order to rebuild damaged infrastructure in affected areas in a safer and more resilient manner.

HMGP funding may also be allocated to areas not directly impacted by a disaster in order to mitigate risk following future incidents. Eligible activities include conducting planning to assess and reduce risks, making capital improvements to public infrastructure, and taking other steps to reduce community risk.

The City is required by federal law to prepare and maintain a LHMP, updating it once every five years, as a condition of receiving HMGP funding. An exception to this requirement is that funding for preparing or updating an LHMP is allowable at any time. FEMA and Cal OES allow and encourage local governments to jointly develop Multi-jurisdictional LHMPs over planning areas which encompass multiple public jurisdictions. This approach is most appropriate when jurisdictions share a common profile of hazards (e. g. seismicity, flooding, wildland-urban interface fire, tsunami, etc.) and provide services across a common geographic area. Benefits include improving communication and coordination across jurisdictions, maximizing economies of scale by sharing costs and resources, promoting data sharing and analysis among jurisdictions, and minimizing duplication of effort. Multi - jurisdictional LHMPs may afford a better value when contracting professional services.

A LHMP is not required in order for the City to be considered for Federal and State disaster assistance funding to recover emergency response-related costs or to rebuild damaged public infrastructure following a Major Disaster or Emergency.

DISCUSSION/ANALYSIS: FEMA allocates HMGP funding to states according to a formula of 20 percent of eligible damage following Major Disasters. Cal OES allocates FEMA HMGP

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Attachment: 2022-10-18 Hazard Mitigation Grant Funds Staff Report #4714 (4806 : APPROVE SERVICE AGREEMENT TO UPDATE THE LOCAL Staff Report (ID # 4714) Meeting of October 18, 2022
Updated: 10/12/2022 1:46 PM by Alberto Quintanilla Page 2 funding to municipalities and other eligible public entities through a competitive grant sub- application process. To date, Cal OES has received $592 million in FEMA funding related to the 2020 California Wildfires. In allocating associated HMGP funding to sub-applicants, Cal OES specifically identified LHMPs expiring within 24 months as its highest priority.

In June 2021, following extensive coordination with neighboring jurisdictions, the City submitted a proposal to Cal OES for funding to complete a Tri-Cities Multi-jurisdictional LHMP. Emergency Management personnel from the City of Fremont, City of Newark, City of Union City, Alameda County Water District, and the Union Sanitary District agreed to participate in the proposed project and are prepared to recommend entering into a Memorandum of Agreement to formalize joint participation and share financial risk associated with the grant.

Previously, the City of Newark and the City of Union City partnered with the Alameda County Water District and Union Sanitary District to complete a Multi-jurisdictional LHMP.

The plan was adopted by the respective jurisdictions’ governing bodies and subsequently approved by FEMA on August 18, 2017. The City of Fremont’s LHMP was adopted by the City Council on December 20, 2016 and was subsequently approved by FEMA on January 9, 2017.

The new Tri-Cities Multi-jurisdictional LHMP will be prepared consistent with industry best practices; Federal and State guidance; and applicable laws, rules, and regulations. The funding will be used to hire a consultant, through competitive solicitation, to prepare the plan under the direction of a Project Management Team consisting of subject matter experts from the City of Fremont, the City of Newark, the City of Union City, Alameda County Water District, and Union Sanitary District. The consultant will be responsible for completing the following project tasks: identifying, collecting and reviewing existing plans and formulating a plan outline; identifying applicable hazards and collecting relevant data; developing and running technical modelling of select hazards using FEMA-developed software; assessing risks and documenting these assessments; developing public outreach strategies and materials to promote public engagement; developing hazard mitigation strategies and goal s common to the Tri-City area and particular to each jurisdiction; preparing the draft plan and soliciting comments; preparing a final draft plan; and supporting the plan adoption process.

The consultant will facilitate interagency meetings including a project kickoff meeting, project steering committee meetings, and various planning meetings. The final project deliverable is a new FEMA-approved Tri-Cities Multi-jurisdictional LHMP, subject the City Council’s adoption of the plan.

On September 6, 2022, Cal OES notified the City of its intent to award grant funding on a cost-reimbursement basis, not to exceed $187,500. However, this amount may be supplemented by additional funding in order to cover the City’s indirect costs associated with managing the grant. The City may opt to receive a lump sum in the amount of ten percent of reimbursed costs, not to exceed $18,750. Additionally, the City is responsible for meeting a matching requirement of $62,500 which may be met entirely through in-kind contributions of participating agency staffs’ hours. All work must be completed by August 26, 2024.

FISCAL IMPACT: The HMGP funding of $187,500 (75% Federal share) has a matching requirement of $62,500 (25% local share), which can be met through in-kind contributions of participating agency staffs’ hours. The City is monitoring whether a reduction in the

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Attachment: 2022-10-18 Hazard Mitigation Grant Funds Staff Report #4714 (4806 : APPROVE SERVICE AGREEMENT TO UPDATE THE LOCAL Staff Report (ID # 4714) Meeting of October 18, 2022
Updated: 10/12/2022 1:46 PM by Alberto Quintanilla Page 3 matching requirement to $25,000 (10% local share) may apply, based on a March 2022 announcement by FEMA. Any funding for indirect costs may result in minor net increases in revenue to the City, which are offset only by the opportunity cost of diverting staff time to the project.

ENVIRONMENTAL REVIEW: N/A

LINKS: March 2022 announcement by FEMA

ATTACHMENTS:
• Award Package

RECOMMENDATIONS:

1. Accept the HMGP funding in the amount of $187,500.

2. Recognize the grant revenue and appropriate $187,500, as well as any additional supplemental funding, in the Federal Operating Grants Fund (Fund 199).

3. Authorize the City Manager or designee to execute all necessary agreements and documents in connection with the grant award.

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Attachment: 2022-10-18 Hazard Mitigation Grant Funds Staff Report #4714 (4806 : APPROVE SERVICE AGREEMENT TO UPDATE THE LOCAL Fremont City Council Meeting: 02/21/23 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4814) DOC ID: 4814
Updated: 2/16/2023 11:27 PM by Susan Gauthier Page 1

ADOPT A RESOLUTION TO EXECUTE A LETTER OF INTENT WITH ALAMEDA COUNTY FIRE DEPARTMENT – Adopt a Resolution Authorizing the City Manager to Execute a Letter of Intent with the Alameda County Fire Department to Negotiate the Terms of a Proposal for Ambulance Services and/or Emergency Medical Service in Alameda County
Contact Persons:

Name: Curtis Jacobson Zoraida Diaz
Title: Fire Chief Deputy Fire Chief
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

Executive Summary: This staff report recommends that the City Council adopt a Resolution Authorizing the City Manager to Execute a Letter of Intent with the Alameda County Fire Department to Negotiate the Terms of a Proposal for Ambulance Services and/or Emergency Medical Service in Alameda County

BACKGROUND: In Alameda County, 911 ambulance transports are currently provided in two ways: 1) by City fire departments that maintain “201” rights to provide ambulance transport (Berkeley, Albany, Piedmont, and Alameda); or 2) through a contract between the Alameda County Emergency Medical Services (EMS) Agency and a private ambulance provider for the Cities of Oakland, Fremont, Hayward, Livermore, Pleasanton, and the contract cities of ACFD (Union City, San Leandro, Dublin). In April 2019, after concerns about the financial and operational viability of the private ambulance provider model arose, the Alameda County Board of Supervisors convened an Emergency Medical Services (EMS) Re-Design Task Force (“Task Force”). The Task Force evaluated these issues for over 18 months and had representatives from cities impacted by the Exclusive Operating Area (EOA) ambulance contract as well as hospitals, special districts, and long-term care facilities and received overarching support for development of a Fire-Based EMS delivery system, as explained further below.

Falck has been the contracted ambulance provider with Alameda County EMS Agency since July 1, 2019, and for a variety of reasons have continually struggled to meet contractual obligations, primarily related to ambulance response and transport times. Falck has been out of compliance in October, November, and December of 2021 and were placed on a monitored performance improvement plan that included many requirements to bring them into compliance. The Board of Supervisors received information about these contract compliance issues during regular meetings and these issues have also been reported in the media.

In October of 2021, Falck, with the support of EMS Agency staff, asked the Fire Chiefs for help in the form of staffing ambulances with Fire Agency Paramedics. As a result, Fire Chiefs within the County, in partnership with ACFD and local firefighter unions, have been working together for approximately one year to execute the recommendations of the EMS Re-Design Task Force. While Falck has supported partnerships that would make the system solvent

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Council Staff Report (ID # 4814) Meeting of February 21, 2023 Updated: 2/16/2023 11:27 PM by Susan Gauthier Page 2
within Alameda County, it is unknown whether they will bid on the new County contract or partner with ACFD on the new model. This new model would be similar to the model in Contra Costa County, in which the County Fire Department contracts with a private ambulance provider to provide primary response service to cities within the County. Surge capacity units would be provided by City Fire Departments on an as-needed basis dependent on predicted call volumes. This model would be more financially viable than the current “private provider only” model because cost recovery rates for public entities are higher (statutorily) than for private providers.

DISCUSSION/ANALYSIS: To submit a competitive bid to Alameda County’s ambulance RFP in Spring/Summer 2023, in partnership with ACFD, the Fire Chiefs within the County recommended that the cities of Oakland, Hayward, Fremont, and Livermore-Pleasanton execute a letter of intent with ACFD. The Letter of Intent recommended in this report (Attachment 2) will enable the City of Fremont to enter negotiations with the Alameda County Fire Department to develop the commitments and obligations of each city in the model described previously.

The key elements of these negotiations will include, but will not be limited to:

1. Development of the countywide ambulance deployment model to be proposed in response to the Alameda County EMS Agency RFP, including identification of alternate transport locations.

2. ACFD’s plan for deploying ambulances within the Exclusive Operating Area (EOA), including system status management strategies and ambulance numbers, types, response times, and posting locations; this may include whether, to what extent, and on what terms the city will provide ambulance services as an ACFD subcontractor

3. The extent to which ACFD and the city will provide cross-jurisdictional automatic and mutual aid for first response advanced life support (FRALS) and/or ambulance services.

4. In-kind contributions of and/or access to facilities necessary to implement the deployment model (e.g., locating ACFD’s or its subcontractors’ ambulance units within the City of Fremont and associated fees).

5. Staffing obligations and/or requirements.

6. Shared use of technology, including access and sharing of data across the agencies .

7. Amounts and mechanisms for ACFD to recover and reimburse the city costs from payors, including administration fees to be charged by ACFD.

ACFD is proceeding with this model and intends to submit a proposal in response to the Alameda County RFP for ambulance services in Spring/Summer 2023. If the cities do not engage in these negotiations, there would be limited city input into the proposal and the terms and conditions of this model would be dictated exclusively by ACFD and its proposal.

If negotiations are unsuccessful, there would be no obligation for a city to participate in the ultimate proposal, and the Alameda County EMS Agency would still be obligated to provide 911 ambulance response services to that community. However, the current service concerns and response time delays would likely continue.

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The predicted timeline for this process is:

January/February 2023 City Councils authorize execution of letters of intent February 2023 Countywide ambulance RFP* released
April/May 2023
Countywide ambulance proposals (including
possible ACFD partnership) due*; State approval
required prior to Board of Supervisors award of
contract
June/July 2023 Countywide ambulance award of contract*
July 2024 New ambulance vendor assumes responsibility
* All County RFP dates estimated and subject to change

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: Adoption of this Resolution is exempt from environmental review under the California Environmental Quality Act (CEQA) Section 15378 (not a project); and Section 15061(b)(3) (no significant environmental impact).

ATTACHMENTS:
• Draft Resolution - EMS Transport
• ACFD FFD Letter of Intent

RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a letter of intent with the Alameda County Fire Department to negotiate the terms of a proposal for ambulance services and/or emergency medical services in Alameda County.

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Resolution 2023-XX Page 1 of 2
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT AUTHORIZING THE CITY MANAGER TO EXECUTE A

LETTER OF INTENT WITH THE ALAMEDA COUNTY FIRE

DEPARTMENT TO NEGOTIATE THE TERMS OF A PROPOSAL FOR

AMBULANCE SERVICES AND/OR EMERGENCY MEDICAL

SERVICES IN ALAMEDA COUNTY

WHEREAS, in 2019 Alameda County, under their sole authority, awarded the contract for ambulance services within its Exclusive Operating Area, which includes Fremont, to Falck Northern California; and

WHEREAS, Falck Northern California has failed to meet contractual response time requirements in the Exclusive Operating Area, leading the Alameda County Fire Chiefs to consider other 911 ambulance service delivery models; and

WHEREAS, the Alameda County Fire Department (“ACFD”) is developing an ambulance service proposal (“Proposal”) in response to a Request for Proposals for emergency ambulance services and/or emergency medical services, which will be issued by Alameda County in Spring 2023 (“County RFP”); and

WHEREAS, ACFD wishes to partner with the Fremont Fire Department (“FFD”) and other fire departments within Alameda County to develop a new model for ambulance services that will address current issues with response times and financial feasibility, for which a Letter of Intent is required; and

WHEREAS, the Letter of Intent shall not create any contractual or other legal rights or obligations for the City; rather, the Letter of Intent is intended to confirm FFD interest to help ACFD develop an ambulance service Proposal in response to the County RFP, and to consult with and negotiate with ACFD regarding the extent of FFD’s participation in ACFD’s Proposal and any resulting contract with Alameda County, subject to City Council approval; and

WHEREAS, upon finalizing the partnership model, staff will return to Council and present further details regarding opportunities for FFD involvement, if any, under this new partnership model, and to obtain Council approval to enter into any ensuing participating and/or subcontracting agreement with ACFD should the City decide to participate in the new County ambulance service program.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES that the City Manager or designee is authorized to execute a Letter of Intent with the Alameda County Fire Department to enable the Fremont Fire Department to work with Alameda County Fire Department to develop a new model for ambulance services and to negotiate the terms and conditions of a partnership model in response to the upcoming Request for Proposals that will be issued by Alameda County in Spring/Summer 2023.

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Attachment: Draft Resolution - EMS Transport (4814 : ADOPT A RESOLUTION TO EXECUTE A LETTER OF INTENT WITH ALAMEDA COUNTY Resolution 2023-XX Page 2 of 2

ADOPTED _____________, 2023, by the City Council of the City of Fremont by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
Mayor

ATTEST:

_________________________________________
City Clerk

APPROVED AS TO FORM:

_________________________________
City Attorney

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Attachment: Draft Resolution - EMS Transport (4814 : ADOPT A RESOLUTION TO EXECUTE A LETTER OF INTENT WITH ALAMEDA COUNTY 1 LETTER OF INTENT BETWEEN

THE ALAMEDA COUNTY FIRE DEPARTMENT AND THE CITY OF FREMONT FIRE

DEPARTMENT

This Letter of Intent (“LOI”) is made and entered into as of the Effective Date set forth below, by and between the Alameda County Fire Department (“ACFD”) and the City of Fremont Fire Department (“FFD”) (each, a “Party” and collectively, the “Parties”).

This LOI is made with reference to the following facts and circumstances:

A. The County of Alameda (“County”) has tentatively scheduled for release in February 2023, a request for proposals for emergency ambulance services and/or emergency medical services (“EMS”) within County’s exclusive operating area (“EOA”) with service to begin July 1, 2024 (the “Solicitation”).

B. ACFD intends to submit a proposal (“the Proposal”) in response to the Solicitation.

C. The Parties are engaged in informational discussions regarding the Proposal, as well as opportunities in connection with the Solicitation, the Proposal, and any resulting contract between County and ACFD , including but not limited to first response advanced life support (“FRALS”) services.

D. In ad dition to the City of Fremont , other cities including Hayward, Oakland , Livermore/Pleasanton, are also considering participating in a letter of intent with ALCO FIRE regarding this proposal.

E. The Parties have determined that working collectively and levera ging their diverse capabilities will enable ACFD to develop a competitive Proposal that meets or exceeds the Solicitation’s requirements, which neither of the Parties could accomplish on their own.

ACCORDINGLY, the Parties agree as follows:

1. ACFD’s Roles and Responsibilities . ACFD agrees to the following roles and responsibilities under this LOI:
a. Proposal Development . ACFD shall plan, develop, draft, and submit to County, the Proposal in accordance with the Solicitation’s specifications and requirements and applicable laws and regulations.
b. Consultation and Negotiations. ACFD shall consult and negotiate with FFD regarding the extent of FFD’s participation in ACFD’s Proposal and resulting contract with County, if any, as ACFD’s subcontractor for related services, as well as the terms and conditions of any subcontracting arrangement between the Parties.

2. FFD’s Roles and Responsibilities . FFD agrees to the following roles and responsibilities under this LOI:

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Attachment: ACFD FFD Letter of Intent (4814 : ADOPT A RESOLUTION TO EXECUTE A LETTER OF INTENT WITH ALAMEDA COUNTY FIRE 2 a. Proposal Development. FFD shall assist ACFD, as reasonably requested, to plan, develop, draft, and submit to County, the Proposal in accordance with the Solicitation’s specifications and requirements and applicable laws and regulations.
b. Consultation and Negotiations. FFD shall consult and negotiate with ACFD regarding the extent of FFD’s participation in ACFD’s Proposal and resulting contract with County, if any, as ACFD’s subcontractor for related services, as well as the terms and conditions of any subcontracting arrangement between the Parties.
c. Cooperation with ACFD Subcontractors and Consultants . FFD shall cooperate with subcontractors and consultants retained by ACFD to assist with the development of the Proposal and negotiation of a resulting contract with County, if any.

3. Subjects for Consultat ion and Negotiations . The subjects that the Parties shall consult on, and negotiate over, include but are not limited to the following:
a. Service Integration. The integration of FRALS and ambulance services into a unified incident response system within the EOA.
b. FRALS. FFD’s provision of FRALS and associated fees. c. Ambulance Stations. Feasibility of locating ACFD’s or its subcontractors’ ambulance units within the City of Fremont facilities and associated fees. d. Ambulance Deployment Plan . ACFD’s plan for deploying ambulances within the EOA, including system status management strategies and ambulance numbers, types, response times, and posting locations. e. FFD Provision of Ambulance Services . Whether, to what extent, and on what terms, FFD will provide ambulance services as an ACFD subcontractor.
f. Automatic and Mutual Aid . The extent to which ACFD and FFD will provide cross -jurisdictional automatic and mutual aid for FRALS and/or ambulance services.
g. Cost Recovery. Amounts and mechanisms for ACFD to recover the City of Fremont’s costs from payors, including administration fees to be charged by ACFD, and to reimburse the City of Fremont’s costs.
h. Personnel Matters . Relations between, and usage of, the firefighter and EMS personnel employed by ACFD, its subcontractors, and/or the FFD.

4. No Obligation to Contract . This LOI shall not be construed as creating any legal right or obligation in connection with the roles and responsibilities contained herein

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Attachment: ACFD FFD Letter of Intent (4814 : ADOPT A RESOLUTION TO EXECUTE A LETTER OF INTENT WITH ALAMEDA COUNTY FIRE 3 or any legal right or obligation for any Party or their consultants, subcontractors, and agents to proceed with or enter into any transaction or agreement.

5. No Financial Obligation . This LOI does not obligate either Party financially; it merely serves as a bas is to identify the level of interest of FFD regarding the development and participation in ACFD’s Proposal and resulting contract with County, if any, as ACFD’s subcontractor for related services, as well as the terms and conditions of any subcontracting arrangement between the Parties.

6. Effective Date and Term.
a. The “Effective Date” of this LOI shall be the date of the last Party signature. b. The LOI shall end automatically if the County does not approve a service contract with ACFD , which includes FFD participation. If County approves a service contract with ACFD which allows for FFD participation, this LOI shall remain in effect through July 1, 2024, or the date when ACFD signs a contract with County for emergency ambulance services, whichever is later.

7. Termination. Either Party may terminate its participation in this LOI by providing 30 days’ advance written notice of its termination to the other Party

8. Independent Contractor Status . It is understood and agreed that the Parties shall perform as independent contractors under this LOI and in respect to their relationships with each other and that they are not and shall not be deemed an employee, officer, or agent of the other Parties. It is further understood and agreed that the Parties, their officers, agents, and employees shall in no event be entitled to any benefits to which the employees of the other Parties are entitled, including, but not limited to, overtime, retirement, worker’s compensation, and leave benefits.

9. Jurisdiction and Venue . The laws of the State of California shall govern the interpretation and performance of this LOI. Venue for any litigation relating to the formation, interpretation or performance of this LOI shall be in Alameda County Superior Court.

10. Modification. This LOI may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this LOI.

11. Notice.
a. Any notices required hereunder shall be given, in writing, as follows:

If to ACFD, to:

William McDonald, Fire Chief
Alameda County Fire Department

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Attachment: ACFD FFD Letter of Intent (4814 : ADOPT A RESOLUTION TO EXECUTE A LETTER OF INTENT WITH ALAMEDA COUNTY FIRE 4 Administration Office
6363 Clark Ave, Dublin CA 94568
Phone: 510-632-3473 or 925-833-3437
[email protected]

If to the FFD, to:

Curtis Jacobson, Fire Chief
City of Fremont
3300 Capitol Ave.

Fremont, CA 94538
Phone: 510-494-4200
[email protected]

b. Notices shall be deemed given when received if by facsimile or by electronic means (if a record of receipt is kept by the sending party showing the date and time of receipt) or three (3) days following deposit in the United States Mail, postage prepaid, to the addressees set forth in s ubsection (a) above.

12. Authority to Execute. The individuals executing this LOI represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

13. Counterparts. This LOI may be signed in counterparts , each of which shall be deemed to be an original. The Parties agree that the digital signatures of the parties included in this LOI are intended to authenticate this writing and to have the same force and effect as manual signatures. Any digital signature shall have the same legal validity and enforceability as a manually executed signature or use of a paper- based record keeping system to the fullest extent permitted by applicable law.

IN WITNESS WHEREOF, the Parties have executed this LOI:

ALAMEDA COUNTY FIRE

DEPARTMENT

CITY OF FREMONT FIRE DEPARTMENT

William McDonald, Fire Chief Date Curtis Jacobson, Fire Chief Date

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Attachment: ACFD FFD Letter of Intent (4814 : ADOPT A RESOLUTION TO EXECUTE A LETTER OF INTENT WITH ALAMEDA COUNTY FIRE 5 Approved as to form:

Approved as to Form:

Counsel for Alameda County Fire Department

Rafael E. Alvarado Jr., City Attorney

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Attachment: ACFD FFD Letter of Intent (4814 : ADOPT A RESOLUTION TO EXECUTE A LETTER OF INTENT WITH ALAMEDA COUNTY FIRE Fremont City Council Meeting: 02/21/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Manager's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4809) DOC ID: 4809
Updated: 2/17/2023 10:32 AM by Susan Gauthier Page 1
CEREMONIAL FLAG DISPLAY - Consideration of Procedures and Guidelines Outlining the Display of Ceremonial Flag Commemorating Special Observances in Response to Council Direction from Councilmember Cox Referral on December 20, 2022
Contact Persons:

Name: Allen DeMers Amanda Gallo
Title: Assistant to the City Manager Management Analyst II Div/Dept: City Manager's Office City Manager's Office
Phone: 510-494-4651 510-284-4016
E-Mail: [email protected] [email protected]

Executive Summary: At the December 20, 2022 City Council meeting, Council directed staff to conduct research and analysis to develop consistent procedures outlining the display of ceremonial Flags commemorating special observances. This report provides an overview of staff research regarding how other cities conduct ceremonial Flag displays, estimates of associated expenses to guide future Council consideration of ceremonial flag displays, and makes recommendations for Council consideration regarding the conduct of ceremonial flag displays.

BACKGROUND: On December 20, 2022, the Council approved a referral for the request to display a flag in celebration of Black History Month in February 2023. At this meeting, the Council also requested staff research and analysis to develop a policy for ceremonial flag displays to honor special observances to complement the already existing procedures associated with the display of the United States Flag and State of California Flag.

At the January 10, 2023 City Council meeting, Council discussed an additional flag related referral for nineteen additional, potential flag display events but took no action, in anticipation of staff drafting ceremonial flag display procedures for Council consideration.

The City of Fremont’s flag display procedures are currently memorialized in Administrative Regulation (AR), 1.10, Flag Display, which outlines the City’s policies and procedures for the proper display and handling of the United States and State of California flags. The current AR does not address ceremonial flag displays. No Council action is required to amend an AR, as such policies are maintained and implemented under the authority of the City Manager, however staff will review and amend the regulation, if necessary, in order to ensure that it is consistent with Council’s procedural direction.

DISCUSSION/ANALYSIS:

Flag Display Policies of Local Agencies

In conducting research of other local agencies’ policies and procedures regarding ceremonial flag display items, staff learned that our peer agencies have developed a variety of rules in

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varying degrees of detail. Some agencies have a developed a specific ceremonial flag policy while others address ceremonial flag displays on an as needed basis only.

Common practices of cities with Ceremonial flag policies or procedures include:
(1) Most surveyed agencies employ a policy statement confirming that the government entity’s flag poles are not forums for public speech and that only flags endorsed by formal Council action are eligible for display. This statement allows governing bodies to maintain strict control over the types of flags that are flown and by extension allows Council to ensure consistency of ceremonial flags with the City Council’s values and ethics.
(2) A small number of agencies allow for ceremonial flag display events hosted in partnership with community groups through an application process. This practice is more inclusive of community interests but potentially erodes the City Council’s ability to restrict display of flags that are objectionable to a majority of the public and/or not consistent with the City Council values. (3) Most cities with ceremonial flag policies specify that flag displays may only be performed after the request of a Councilmember or City Manager and consideration and approval by a majority Council action/resolution. These ceremonial flag display proposals are typically considered individually as separate occasional actions of a City Council.
(4) A small number of surveyed agencies adopt a single comprehensive calendar of ceremonial flag display events for each calendar year in a single Council action.

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The table below summarizes research of various local jurisdictions:

City Policy Ceremonial Flag
Approval
Community
Participation?
San Jose Yes Must be adopted by
Council resolution
Allows for application
process for partnered
events
Hayward No Events adopted on a
case by case basis by
Council
Conducted by City
Milpitas Yes Adopted via
comprehensive
calendar
Allows for application
process for partnered
events
Sunnyvale Yes Must be adopted by
Council resolution
Conducted by City
Santa Clara Yes Must be Adopted by
Council resolution
Conducted by City
Concord No Events adopted on a
case by case basis by
City council
Conducted by City
Oakland No Made at the direction
of the Mayor’s office
Conducted by City

Staff has identified general approaches and is highlighting the following elements for Council discussion and direction regarding ceremonial flags.

(1) Procedure to identify and approve Ceremonial Flag Observances

A) Recommended Ceremonial Flag Approval Option: Individual Ceremonial Flag Observances Must be requested by a Councilmember or City Manager and Approved by Majority Council Action

Staff recommends that Council establish a policy requiring that each individual ce remonial Flag observance be approved by a majority of the City Council. Councilmembers or the City Manager would utilize the formal referral process to request a ceremonial flag display and provide information about the special observance, requested dates for flag display, and information about how the requested observance is consistent with and/or promotes the City’s values. The City Council would have the option to review the referral request, discuss, and adopt a resolution to approve the individual ceremonial flag display. This process will allow for discussion and approval of ceremonial Flag displays by Council while allowing for the review of additional flag observances at any time throughout the year, when approved by a majority resolution of the Council. Furthermore, Staff recommends that the City

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Council confirm its intent that the City’s flagpoles are not intended to serve as a forum for free expression by the public.

B) Alternative Ceremonial Flag Approval Option: Council Adopts a Comprehensive Calendar of Ceremonial Flag Display Events Voted on Once per Year

Alternatively, the Council could annually adopt, by Council resolution, a comprehensive calendar of ceremonial flag display events for the upcoming calendar year. The adopted Ceremonial Flag calendar would memorialize the dates of when each ceremonial flag observance is to occur.

While, potentially feasible, this model may be cumbersome to administer due to the number of ceremonial events that may be considered in any given year, with the potential for overlapping events. Through research of other policies, it is suggested that ceremonial flags be displayed for an adequate amount of time to honor the observance, which is usually presented for no more than 31 days.

At the January 10, 2023 Council Meeting, the City Council contemplated nineteen ceremonial flag raisings events. This volume (or a similar large number) may be impractical to administer and could inhibit the flexibility of future City Council’s to consider additional flag display events as the year progresses. As the City Council is considering potential flag events that may occur within the same month, the expenses of staff time and costs dedicated to each event will rise in correspondence to the number of approved events.

Attachment B: 2023 Calendar of Events is attached to this report for informational purposes only and displays the potential conflicts that may arise if multiple ceremonial displays fall within in one month.

(2) Ceremonial Flag Observance Events- Staff Support to Acquire, Store, Raise and Lower Ceremonial Flag

In addition to research of policy parameters to approve ceremonial flags, staff has reviewed procedures required to display ceremonial flags. Staff’s procedural recommendations are intended to ensure that each flag display receives equal support, quality and consideration from City staff and to preserve resources for the Council’s highest priority activities. Staff has calculated estimates for Council review regarding recommended levels of staff support.

These costs are derived from previous ceremonial flag events and research into other cities operations for ceremonial flag event planning.

It is important to note that Fremont has one of the lowest staff to resident ratios amongst cities in our region. Staff surveyed several local agencies in 2022/2023 and determined that Fremont’s ratio of 965 FTE to 234,239 residents (0.004) is the second lowest full -time employee to resident ratio of the 12 surveyed Bay Area agencies. This means that any additional work of substance generated by flag new ceremonial flag display procedures will be incurred on an overtime basis and will divert resources from other priorities.

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A) Recommended Procedural Support: City Staff Shall be Responsible for the Selection, Acquisition, Storage, Raising and Lowering of Ceremonial Flags

Staff recommends that ceremonial flags be selected, acquired, stored, raised and lowered by City of Fremont staff at the direction of the City Manager. City staff shall ensure that each selected flag is of the same size, quality, and that each is maintained in a respectful and consistent manner when not on display. Staff recommends that, for additional consistency and programmatic sustainability, informational support for approved ceremonial Flag displays be expressly limited to a brief public information post in the City’s newsletter and via other community outreach channels confirming when and where the display will take place.

FISCAL IMPACT: Each ceremonial flag display as recommended will require dedicated staff time and costs associated with flag purchase, removal, and storage. The table below displays a cost estimate for an approved ceremonial Flag display without a staff supported event. Staff estimates this option will cost approximately $600-$700 per flag display in staff time and expenses to acquire, raise, lower, and store flags. A breakdown of these costs is described in the table below.

Staff Cost
1 Maintenance Field Supervisor –Raising /Removal of Flag (4 hours as required by OT Rules)
$205
Communications Manager- Public Information Messaging (2 hours) $150 Purchase of Flag/ Storage of Flag $300
Estimated Total per event $655

ENVIRONMENTAL REVIEW: None.

ATTACHMENTS:
• 2023 Calendar of Events contemplated at January 10, 2023 meeting.

RECOMMENDATION: Receive staff report and approve staff recommendations confirming the Council’s direction regarding the display of ceremonial flags commemorating special observances.

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Attachment: 2023 Calendar of Events contemplated at January 10, 2023 meeting. (4809 : CEREMONIAL FLAG DISPLAY / Response to 2022-12-20 Cox Fremont City Council Meeting: 02/21/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4819) DOC ID: 4819
Updated: 2/16/2023 11:29 PM by Susan Gauthier Page 1
MAYOR MEI REFERRAL: Appointment to Advisory Bodies
Contact Persons:

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

Executive Summary: Appointment to Advisory Bodies.

ATTACHMENTS:
• Senior Citizens Commission Applications
• George W. Patterson House Advisory Board Application

Appointments:

Advisory Body Appointee Term Expires

Senior Citizens Commission Rebecca Garewal 12/31/2026

Carol Evans 12/31/2026

George W. Patterson House Advisory Board Elaine Juan 12/31/2025

RECOMMENDATION: Approve appointments.

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