Agenda packet, regular meeting — Fremont City Council, March 7, 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
March 07, 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 March 7, 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 - March 07, 2023

March 7, 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: 894 4406 9393. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/89444069393
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak.
d. When called, please limit your remarks to the time limit allotted.

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact The City Clerk’s Office at (510)284-4060 or [email protected] prior to the meeting for assistance.

Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and information by staff followed by City Council questions and inquiries. The applicant, or their authorized representative, or interested citizens, may they speak on the item; each speaker may only speak once to each item. At the close of public discussion, the item will be considered by the City Council and action taken. Items on the agenda may be moved from the order listed.

Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case the item will be removed from the Consent Calendar and considered separately.

Additionally, other items without a “Request to Address the City Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

Oral Communications
Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Please submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker card) and each speaker may only speak once on each agenda item.

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

Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.

Information about the City or items scheduled on the Agenda and Report may be referred to:

Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060

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

March 7, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
March 07, 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

1. APPROVAL OF MINUTES – for the Special and Regular Meetings of February 14, 2023 and the Regular Meeting of February 21, 2023
Contact Persons:

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

RECOMMENDATION: Approve minutes.

C. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE TITLE 6, SECTION

6.05.010, ADDING SECTION 6.10.140 AND REPEALING SECTION 6.40.040 (Animals Ordinance)
RECOMMENDATION: Waive second reading and adopt ordinance amending Fremont Municipal Code Title 6, Section 6.05.010, Adding Section 6.10.140 and Repealing Section 6.40.040.

March 7, 2023 Fremont City Council Page 4
D. EXTEND AGREEMENT BETWEEN THE CITY AND THE ALAMEDA COUNTY FIRE

DEPARTMENT FOR REGIONAL EMERGENCY COMMUNICATIONS CENTER AND FIRE DISPATCH SERVICES - Approve Five-month Extension of Agreement between the City and the Alameda County Fire Department for Regional Emergency Communications Center and Fire Dispatch Services Contact Persons:

Name: Corina Campbell Curtis Jacobson
Title: Business Manager Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager to execute an agreement to extend the term of the Agreement between the City of Fremont and the Alameda County Fire Department for Emergency and Fire Dispatch Services through June 30, 2023.

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
A. 2023 UPDATES TO THE FLOOD DAMAGE PREVENTION ORDINANCE - Citywide - PLN2023-00207 - To consider an ordinance to amend Fremont Municipal Code Title 18 (Planning and Zoning) Chapter 18.200 (Flood Damage Prevention) to remove text that is non-compliant with the National Flood Insurance Program (NFIP) and Community Rating System (CRS) and to enhance and clarify definitions, procedures and standards related to flood damage prevention in accordance with recommendations from the Federal Emergency Management Agency (FEMA), and to consider a finding that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA), per, without limitation, each as a separate and independent basis, (1) CEQA Guidelines Section 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment); (2) CEQA Guidelines Section 15061(b)(3)) in that it can be seen with certainty that there is no possibility that the amendments will have the potential for causing a significant effect on the environment, and (3) CEQA Guidelines Section 15305, as a minor alteration in land use limitations which does not result in a change to land use or density.

Contact Persons:

Name: Dilip Kishnani Hans Larsen
Title: Principal Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4736 510-494-4722
E-Mail: [email protected] [email protected]
March 7, 2023 Fremont City Council Page 5

RECOMMENDATIONS:

1. Hold public hearing.

2. Find that the amendments are exempt from the requirements of the California Environmental Quality Act (CEQA), per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment; (2) CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the amendments will have the potential for causing a significant effect on the environment, and (3) CEQA Guidelines Section 15305, as a minor alteration in land use limitations which does not result in a change to land use or density;

3. Find that the proposed Zoning Text Amendment is consistent with the General Plan;

4. Find the proposed Zoning Text Amendment furthers the public interest, convenience, and general welfare of the city; and

5. Introduce an ordinance approving the proposed Zoning Text Amendment as set forth in the attached Draft Ordinance.

6. Other Business
A. FISCAL YEAR 2022/23 MID-YEAR BUDGET REPORT - Update on the Status of the FY 2022/23 General Fund Operating Budget and Preliminary Three - Year Forecast; Approve Budget Adjustments; Make Findings of CEQA Exemption
Contact Persons:

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

RECOMMENDATIONS:

1. Increase the General Fund revenue estimates for property tax by $2.8 million, sales tax by $37.6 million, and hotel tax by $1.2 million.

2. Increase the General Fund citywide savings estimate by $13 million.

3. Approve the transfer of $3.5 million to the Risk Management Fund (Fund 609).

4. Approve the transfer of $15 million to the Employee Benefits Fund (Fund 630).

5. Approve the transfer of $25 million to the Capital Improvements Fund (Fund 501).

March 7, 2023 Fremont City Council Page 6

7. Items Referred by Councilmembers
A. Councilmember Referrals

1. VICE MAYOR KENG REFERRAL: City Council consideration of a Lunar New Year City of Fremont paid holiday commencing in 2024.

Contact Persons:

Name: Teresa Keng
Title: Vice Mayor
Dept: City Council
Phone: 510-284-4012
E-Mail: [email protected]

2. COUNCILMEMBER KASSAN REFERRAL: Rental Protections
Contact Persons:

Name: Jenny Kassan
Title: Councilmember
Dept: City Council
Phone: 510-284-4018
E-Mail: [email protected]

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

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
March 7, 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

March 7, 2023 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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: 03/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4835) DOC ID: 4835
Updated: 2/27/2023 1:23 PM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Special and Regular Meetings of February 14, 2023 and the Regular Meeting of February 21, 2023
Contact Persons:

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

APPROVAL OF MINUTES – for the Special and Regular Meetings of February 14, 2023 and the Regular Meeting of February 21, 2023.

ATTACHMENTS:
• Draft Minutes

RECOMMENDATION: Approve minutes.

2.B.1
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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
FEBRUARY 14, 2023

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
6:15 P.M.

Call to Order: Mayor Mei called the mee ting to order at 6:16 p.m.

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

Public Comment: The following person commented: Kelly Abreu

CONVENED TO A CLOSED SESSION at 6:18 p.m.

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

1. Michael Gebhardt v. City of F remont, Alameda County Superior Court, Case No. 22CV022860

The Special Meeting of the Fremont City Council adjourned at 6:59 p.m.

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

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

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Attachment: Draft Minutes (4835 : Approval of Minutes - 2023-02-14 - 2023-02-21)

*Consent Items

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MINUTES

FREMONT CITY COUNCIL MEETING
FEBRUARY 14, 2023

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

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

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

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

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Shackelford did not have announcements.

E. Report Out of Closed Session (if applicable)

City Attorney Alvarado reported that the Council conducted a Closed Session. The City Council discussed one item as part of its Closed Session Agenda, Michael Gebhardt vs City of Fremont. The City Council took no reportable action.

2. CONSENT CALENDAR

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

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

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:

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

* B.1 Mayor Mei opened consid eration of Approval of Minutes

See Green Sheet on file.

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Attachment: Draft Minutes (4835 : Approval of Minutes - 2023-02-14 - 2023-02-21)

*Consent Items

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On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council approved minutes, including the Green Sheet edits, for the Regular Meeting of December 20, 2022, the Regular Meeting of January 10, 2023, and the Regular Meeting of February 7, 2023.

3. CEREMONIAL ITEMS – None.

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

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

The following person(s) commented: Keong Yong and Keith Parker.

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS

A. Mayor Mei opened consideration of Brown Act Training

City Attorney Alvarado provided the Brown Act Training. City Attorney Alvarado responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following person(s) commented: Kelly Abreu and Joanne Schwab. There being no additional speakers, Mayor Mei closed the public comment period.

City Council received the report and presentation.

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals – None.

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

C. Legislative Actions – None.

D. Report on Committee Assignments – None.

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*Consent Items

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8. ADJOURNMENT: Mayor Mei held a moment of silence in memory of Alameda County Supervisor Richard Valle, who passed away on February 8, 2023. There being no further business, Mayor Mei adjourned the meeting at 8:55 p.m.

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

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

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Attachment: Draft Minutes (4835 : Approval of Minutes - 2023-02-14 - 2023-02-21)

*Consent Items

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MINUTES

FREMONT CITY COUNCIL MEETING
FEBRUARY 21, 2023

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

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

B. Flag Salute: Members of Boy Scout Troop #2273 le d the salute to the flag.

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

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Shackelford did not have announcements.

E. Report Out of Closed Session – None.

2. CONSENT CALENDAR

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

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

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Campbell, Kassan, Shao, Salwan, an
d Cox
Noes: None
A
bsent: None
Abstain: None

* B. Approval of Minutes – None.

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Attachment: Draft Minutes (4835 : Approval of Minutes - 2023-02-14 - 2023-02-21)

*Consent Items

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* C. Mayor Mei opened consideration to Authorize the City Manag er 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.

On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council:

1. Find that the recommended acti on 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 t o 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.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Campbell, Kassan, Shao, an
d Cox
Noes: None
A
bsent: None
Recused: Councilmember Salwan (propert y/business interest)

* D. Mayor Mei opened consideration to Authorize staff to negot iate 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

On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council 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.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Campbell, Kassan, Shao, Salwan, an
d Cox
Noes: None
A
bsent: None
Abstain: None

2.B.1.a
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*Consent Items

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* E. Mayor Mei opened considerati on to Introduce Ordinance Amending Section 6.05.010, Adding Section 6.10.140 and Repealing Section 6.40.040 (ANIMALS ORDINANCE)

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

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council waive the first reading and introduce the proposed ordinance amending Fremont Municipal Code Section 6.05.010, adding Section 6.10.140, and repealing Section 6.40.040.

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

* F. Mayor Mei opened consideration to Award the Contract to Fo ster 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

On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the city council 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.

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

* G. Mayor Mei opened consideration to Adopt a Resolution Autho rizing 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

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

On a motion by Councilmember Campbell, seconded by Councilmember Salwan, the City Council adopt Resolution No. 2023-12 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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Attachment: Draft Minutes (4835 : Approval of Minutes - 2023-02-14 - 2023-02-21)

*Consent Items

Page 4 ends

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

3. CEREMONIAL ITEMS – None.

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

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

The following person(s) commented: Keong Yong, Mahesh Gupta, Mahesh Pakala, Rajit Mahesh Gupta, Arjun Sachin Patil, KP Maheshwari, Govind Pasumurthi, Chandru Bhambhra, Rinu Nair, Steve Skala, Dr. Romesh Japra, and Avyah Chopra.

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS

A. Mayor Mei opened consideration of Consideration of Procedure s and Guidelines Outlining the Display of Ceremonial Flag Commemorating Special Observances in Response to Council Direction from Councilmember Cox Referral on December 20, 2022

Assistant to the City Manager, Allen DeMers provided a presentation. Mr. DeMers responded to questions from Councilmember. Mayor Mei opened the public comment period. There were no speakers.

On a motion by Councilmember Campbell, seconded by Councilmember Salwan, the City Council receive the staff report and directed staff to develop a flag policy that limits ceremonial flag approval to City staff (no public forum), develop a criteria on flag raising, limit ceremonial flags to five per year approved annually by City Council, and approval does not need to occur at a retreat.

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

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Attachment: Draft Minutes (4835 : Approval of Minutes - 2023-02-14 - 2023-02-21)

*Consent Items

Page 5 ends

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals – None.

B. Appointments to Boards, Commissions, Committees

1. Mayor Mei opened consideration of Mayor Mei Referral: Appoi ntments to Advisory Bodies

Appointments:

Advisory Body Appointee Term Expires

Senior Citizens Commission Rebecca Garewal 12/31/2026 C a r o l E v a n s 1 2 / 3 1 / 2026

George W. Patterson House Advisory Board Elaine Juan 12/31/202 5

On a motion by Councilmember Shao, seconded by Councilmember Salwan, the City Council approved appointments.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Campbell, Kassan, Shao, Salwan, and Cox

Noes: None

Absent: None
Abstain: None

C. Legislative Actions – None.

D. Report on Committee Assignments

Councilmembers reported on their various meetings.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:26 p.m.

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

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

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Attachment: Draft Minutes (4835 : Approval of Minutes - 2023-02-14 - 2023-02-21) Fremont City Council Meeting: 03/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4825) DOC ID: 4825
Updated: 2/22/2023 1:04 PM by Susan Gauthier Page 1

SECOND READING AND ADOPTION OF AN ORDINANCE 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 (Animals Ordinance)
Contact Persons:

Name: Susan Gauthier Kelly Miott
Title: City Clerk Animal Services Manager
Div/Dept: City Clerk's Office Animal Services
Phone: 510-284-4076 (510) 790-6646
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.

The ordinance was introduced by the City Council at its February 21, 2023 meeting. The ordinance is now before the Council for adoption.

ATTACHMENTS:
• Draft Ordinance - Bee Amendment to Animals Ordinance

RECOMMENDATION: Waive second reading and adopt ordinance amending Fremont Municipal Code Title 6, 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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(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: Draft Ordinance - Bee Amendment to Animals Ordinance (4825 : Second Reading and Adoption of an Ordinance - Animals 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: Draft Ordinance - Bee Amendment to Animals Ordinance (4825 : Second Reading and Adoption of an Ordinance - Animals Ordinance No. XX- 2023 Page 4 of 4

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

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Attachment: Draft Ordinance - Bee Amendment to Animals Ordinance (4825 : Second Reading and Adoption of an Ordinance - Animals Fremont City Council Meeting: 03/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4815) DOC ID: 4815
Updated: 2/28/2023 10:23 AM by Alberto Quintanilla Page 1

EXTEND AGREEMENT BETWEEN THE CITY AND THE ALAMEDA COUNTY FIRE

Name: Corina Campbell Curtis Jacobson
Title: Business Manager Fire Chief
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

Executive Summary: The Alameda County Fire Department (ACFD), through the Alameda County Regional Emergency Communications Center (ACRECC), is currently providing emergency fire and medical dispatch services to the City of Fremont through an agreement executed in February 2023. The proposed extension agreement would extend these services through June 30, 2023 under the same terms and conditions.

BACKGROUND: On January 16, 2002, the Regents of the University of California, Lawrence Livermore National Laboratory, the County of Alameda, and the City of Alameda entered into a Consortium Agreement to establish, fund and operate the Consolidated Dispatch Center for its members at the Lawrence Livermore National Laboratory. The Center provides twenty-four-hour fire and emergency medical dispatch services, as well as support communication services, to the members of the Consortium. In August 2003, the City of Fremont joined the Consortium, and in January 2008, the Alameda County Fire Department assumed responsibility for administration and operation of the Dispatch Center now known as Alameda County Regional Emergency Communications Center (ACRECC). In February 2013, the City entered into a five-year Agreement with the Alameda County Fire Department for Regional Emergency Communications Center and Fire Dispatch Services (the “Agreement”). In 2018, the Agreement was renewed for five additional years with the expiration in February 2023.

DISCUSSION/ANALYSIS: From 2002 to 2023, the Consolidated Dispatch Center at the Lawrence Livermore National Laboratory provided fire and emergency medical dispatch services to participants through a mutual aid agreement. In February 2018, a formal services agreement for fire and emergency medical dispatch services was executed between the City and the Alameda County Fire Department. Regional participants include the Alameda County EMS Agency, Paramedics Plus, and the Alameda County Fire Department, as well as the City of Alameda, City of Fremont, Livermore/Pleasanton, and Camp Parks Fire Departments. The fire and other emergency dispatch services are provided twenty -four hours a day, in accordance with all applicable laws, National Fire Protection Association Codes and Standards, and Medical Priority Dispatch System Standards. The agreement contains these and other performance standards as well as reporting and review requirements.

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Council Staff Report (ID # 4815) Meeting of March 7, 2023 Updated: 2/28/2023 10:23 AM by Alberto Quintanilla Page 2 ACFD is responsible for administration and operation of the Consolidated Dispatch Center.

The ACRECC Advisory Board, which includes one representative from each of the member agencies, is responsible for the development and review of the ACRECC Strategic Plan, its Annual Plan, and the annual operating budget for the Dispatch Center. The operating budget typically includes personnel costs, supplies and services, as well as facilities, information technology, overhead, and capital improvement project expenditures. Following the adoption of the annual operating budget by the Advisory Board, the annual cost allocation for the Dispatch Center is established for each of the regional participants based on each member’s emergency call volume.

The ACRECC Advisory Board proposed an operating budget for FY 2022/23 in the amount of $11,381,597. The Center’s budget is allocated proportionately among all ACRECC participants based on their share of the total number of dispatch events in the previous fiscal year. The City of Fremont’s portion of the proposed FY 2022/23 Dispatch Center budget is $778,983, based on the previous year’s call volume of 15,684, which is already included in the Fire Department’s operating budget for FY 2022/23.

The proposed extension will extend the Agreement for an additional five months, allowing the services to continue and for City staff to revise the terms and conditions of the Agreement, as appropriate. This extension will end June 30, 2023 and the new agreement will be entered into and take effect on July 1, 2023.

FISCAL IMPACT: Funding for this agreement is included in the FY 2022/23 Fire Department operating budget.

ENVIRONMENTAL REVIEW: Approval of this agreement is not subject to review under the California Environmental Quality Act (CEQA) because it is an organizational or administrative governmental activity that will not result in direct or indirect physical changes in the environment and is therefore not a project as defined in CEQA Guidelines section 15378.

ATTACHMENTS:
• DISPATCH EXTENSION THRU JAN 2023
• 2013_ACRECC CONTRACT FREMONT (2)
• Amendment to Agreement with ACFD

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Attachment: 2013_ACRECC CONTRACT FREMONT (2) (4815 : EXTEND AGREEMENT BETWEEN THE CITY AND THE ALAMEDA COUNTY FIRE

AMENDMENT TO EXTEND THE TERM OF THE AGREEMENT BETWEEN THE CITY OF

FREMONT AND THE ALAMEDA COUNTY FIRE DEPARTMENT REGARDING THE

REGIONAL EMERGENCY COMMUNICATIONS CENTER AND FIRE DISPATCH SERVICES

THIS EXTENSION is made and entered into this 24th day of January 2023, by and between the City of Fremont ("City"), a municipal corporation, and Alameda County Fire Department ("ACFD"), a dependent fire district.

RECITALS
A. On February 1, 2013, City and ACFD entered into an agreement for ACFD to provide professional emergency dispatch and regional communication services through the Alameda County Regional Emergency Communications Center Services to City ("Original Agreement").

B. On March 7, 2018, City and ACFD extended the Original Agreement for an additional five year term from February 1, 2018, to January 31, 2023.

C. City and ACFD desire to extend the Original Agreement for an additional five month term from February 1, 2018 - January 31, 2023, to February 1, 2018 - June 30, 2023.

AGREEMENT
NOW, THEREFORE, City and ACFD agree that the aforementioned recitals are true and correct and further agree as follows:

1. The term of the Original Agreement, including a five-year option to extend, is extended for an additional five month term commencing February 1, 2023, ending June 30, 2023.

2. The Services and Cost of Services set forth in Section 11 of the Original Agreement are the same for the term of this extension.

3. This extension does not relieve the parties of the terms and conditions of the Original Agreement as written and in effect at the time the Services were rendered.

4. Except as amended above, the Original Agreement shall remain in full force and effect.

In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this agreement, effective on the date first written above.

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Attachment: Amendment to Agreement with ACFD (4815 : EXTEND AGREEMENT BETWEEN THE CITY AND THE ALAMEDA COUNTY FIRE ALAMEDA COUNTY FIRE DEPARTMENT: Dated:

By: William McDonald
Title: Fire Chief

APPROVED AS TO FORM:

By: Kathy Lee
Title: Deputy County Counsel

CITY OF FREMONT: Dated:

By: Brian Stott
Title: Assistant City Manager
APPROVED AS TO FORM:

By: Rocio V. Fierro
Title: Senior Deputy City Attorney

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Attachment: Amendment to Agreement with ACFD (4815 : EXTEND AGREEMENT BETWEEN THE CITY AND THE ALAMEDA COUNTY FIRE Fremont City Council Meeting: 03/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4823) DOC ID: 4823
Updated: 3/2/2023 9:49 AM by Alberto Quintanilla Page 1 2023 UPDATES TO THE FLOOD DAMAGE PREVENTION ORDINANCE - Citywide - PLN2023-00207 - To consider an ordinance to amend Fremont Municipal Code Title 18 (Planning and Zoning) Chapter 18.200 (Flood Damage Prevention) to remove text that is non-compliant with the National Flood Insurance Program (NFIP) and Community Rating System (CRS) and to enhance and clarify definitions, procedures and standards related to flood damage prevention in accordance with recommendations from the Federal Emergency Management Agency (FEMA), and to consider a finding that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA), per, without limitation, each as a separate and independent basis, (1) CEQA Guidelines Section 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment); (2) CEQA Guidelines Section 15061(b)(3)) in that it can be seen with certainty that there is no possibility that the amendments will have the potential for causing a significant effect on the environment, and (3) CEQA Guidelines Section 15305, as a minor alteration in land use limitations which does not result in a change to land use or density.

Contact Persons:

Name: Dilip Kishnani Hans Larsen
Title: Principal Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4736 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate amendments to the City’s Flood Damage Prevention Ordinance in accordance with FEMA requirements, and to ensure the City can continue to meet National Flood Insurance Program requirements and participate in FEMA’s Community Rating System program. The proposed amendments also clarify various provisions of the Ordinance.

On February 23, 2023, the Planning Commission held a public hearing to consider the proposed amendments and voted 6-0 (1 commissioner absent) to recommend approval to the City Council. Staff is recommending that the Council approve the proposed Zoning Text Amendment.

BACKGROUND: The City of Fremont has been a participant in the National Flood Insurance Program (NFIP) since 1983, which is administered by the Federal Emergency Management Agency (FEMA). FEMA has delineated portions of the City as special flood hazard areas on flood insurance rate maps. Properties within these areas may be subject to special flood insurance requirements and construction standards. Being a part of FEMA’s National Flood Insurance Program ensures that properties in special flood hazard areas have access to flood insurance through the NFIP.

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Council Staff Report (ID # 4823) Meeting of March 7, 2023 Updated: 3/2/2023 9:49 AM by Alberto Quintanilla Page 2 In March 2001, FEMA accepted the City into the Community Rating System (CRS) with a rating of Class 7. CRS is a voluntary program that encourages local communities to require and enforce development standards that are above the minimum requirements of the NFIP by providing a discount on flood insurance premiums based on class rating. Fremont still maintains a CRS Class 7 rating, which provides owners of property within special flood hazard areas a 15% reduction in premiums for flood insurance as required under the National Flood Insurance Program.

FEMA conducts a CRS verification visit approximately once every 5 years to confirm that participating communities are still meeting all the requirements to maintain their current class rating. A FEMA CRS Coordinator along with the state CRS coordinator from Department of Water Resources met with City staff on January 9, 2023 in anticipation of the upcoming CRS verification visit, which included a detailed review of Fremont Municipal Code Chapter 18.200 Flood Damage Prevention.

FEMA has identified FMC Section 18.200.080(a)(3)(D) as being non-compliant with NFIP and CRS requirements and has suggested several code changes that will clarify the City’s responsibilities under the NFIP and CRS, as amended from time to time, as well as clean up incorrect cross references.

Attached is the proposed draft Ordinance for Council consideration, which shows the code sections being amended.

DISCUSSION/ANALYSIS:

Proposed Amendments
The proposed amendments would update Fremont Municipal Code Title 18.200 (Flood Damage Prevention) to enhance and clarify definitions, procedures and standards related to flood damage prevention in accordance with FEMA, as follows:

1. Remove the outdated definition of “Flood boundary and floodway map”.

2. Update the definition of “Flood insurance study” to correctly refer to Federal Insurance Management Agency.

3. Update Section 18.200.070(c)(3)(B) to match FEMA model ordinance language.

4. Add Section 18.200.070(c)(6) to clarify the duties and responsibilities of the floodplain administrator to make substantial improvement and substantial damage determinations.

5. Update Sections 18.200.080(a)(3)(A)-(C) to cross reference Chapter 15.10 and clarify the one-foot freeboard requirement per current California Building Code and CRS requirements.

6. Update Section 18.200.080(a)(3)(D) to remove reference to nonresidential.

7. Updated Section 18.200.080(c)(1) to clarify and confirm that the requirements of this subsection apply to all proposed new subdivisions of all lot sizes.

8. Updated Section 18.200.080(d)(1) and (f)(1) to cross reference Chapter 15.10 and clarify the one-foot freeboard requirement per current California Building Code and CRS requirements.

9. Remove Section 18.200.090(a)(4) to conform to the updated FEMA model ordinance.

General Plan Conformance

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Council Staff Report (ID # 4823) Meeting of March 7, 2023 Updated: 3/2/2023 9:49 AM by Alberto Quintanilla Page 3 The proposed amendments would be consistent with the General Plan and the following policy in the Safety Element:

SAFETY ELEMENT POLICY 10-3.1: Limit Construction in Floodplain. Prohibit new buildings in the 100-year flood zone as determined by FEMA and as shown on the FEMA Flood Insurance Rate Maps (FIRM) unless sufficient mitigation can be provided, or the area is removed from the flood zone in accordance with FEMA and applicable requirements.

Analysis: The proposed amendments are necessary to conform to the National Flood Insurance Program criteria and appropriate model ordinance, allowing the City to remain an active participant in the National Flood Insurance Program to ensure the availability of federally sponsored flood insurance for City residents. The amendments also continue efforts to reduce flood insurance premiums for City residents by remaining an active participant in the Community Rating System program.

Findings for Approval:

In order to adopt the proposed amendments, amendments to the Zoning Ordinance must be heard by both the Planning Commission and the City Council, and the City Council must make the following findings in accordance with FMC Section 18.225.050:

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

Analysis: The proposed Zoning Text Amendment would be consistent with the General Plan Safety Element as enumerated in the General Plan Conformance section of the staff report.

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

Analysis: The proposed amendments would further the public interest, convenience and general welfare of the City by maintaining the City’s compliance with the NFIP and CRS and allow for the continuation of all associated benefits for the community.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each as a separate and independent basis, (1) CEQA Guidelines Section 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment), and (2) CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the amendments will have the potential for causing a significant effect on the environment; and (3) CEQA Guidelines Section 15305, as a minor alteration in land use limitations which does not result in a change to land use or density .

ATTACHMENTS:
• Draft Ordinance Amending FMC re Flood Damage Prevention • Flood Ord - Informational Item 1

RECOMMENDATIONS:

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Council Staff Report (ID # 4823) Meeting of March 7, 2023 Updated: 3/2/2023 9:49 AM by Alberto Quintanilla Page 4

1. Hold public hearing.

3. Find that the proposed Zoning Text Amendment is consistent with the General Plan;

4. Find the proposed Zoning Text Amendment furthers the public interest, convenience, and general welfare of the city; and

5. Introduce an ordinance approving the proposed Zoning Text Amendment as set forth in the attached Draft Ordinance.

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Ordinance XX-2023 Page 1 of 8
ORDINANCE NO. XX-2023
AN ORDINANCE OF THE CITY OF FREMONT AMENDING TITLE 18
(PLANNING AND ZONING) CHAPTER 18.200 (FLOOD DAMAGE

PREVENTION) OF THE FREMONT MUNICIPAL CODE TO AMEND

DEFINITIONS, PROCEDURES, AND STANDARDS RELATED TO BOTH

DEVELOPMENT AND USE OF PROPERTY WITHIN THE CITY, AND A

ZONING MAP AMENDMENT TO REZONE CERTAIN PROPERTY

WITHIN THE CITY TO PROVIDE CONFORMITY WITH THE
GENERAL PLAN LAND USE MAP.

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

SECTION 1. FMC SECTION 18.200.050, AMENDED
Fremont Municipal Code Section 18.200.050 is amended to read as follows:

Sec. 18.200.050 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. As used in this chapter, and notwithstanding any other definitions in this Title 18, the following terms shall have the following meanings:

[Definitions “Appeal” through “flood or flooding” are unchanged.]

“Flood boundary and floodway map” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

“Flood insurance rate map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city. “Flood insurance study” means the official report provided by the Federal Insurance Management Agency Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood. [Definitions “Floodplain or flood-prone area” through “violation” are unchanged.]

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Attachment: Draft Ordinance Amending FMC re Flood Damage Prevention (4823 : 2023 UPDATES TO THE FLOOD DAMAGE PREVENTION Ordinance XX-2023 Page 2 of 8
SECTION 2. FMC SECTION 18.200.070, AMENDED

Fremont Municipal Code Section 18.200.070 is amended to read as follows:

Sec. 18.200.070 Administration.

[Sections (a) through (b) are unchanged.]

(c) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include but not be limited to:
[Sections (c)(1) through (c)(2) are unchanged.]

(3) Notification of Other Agencies.
(A) Whenever a watercourse is to be altered or relocated:
(i) Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;
(ii) Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.
(B) Base Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available.

Flood Elevation Changes Due to Physical Alterations. If physical alterations result in changes to the base flood elevations as shown on the FIRMs, then within six months of the information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
[Sections (c)(4) through (c)(5) are unchanged.]

( 6 ) - Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, substan tial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
(A) Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the

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Attachment: Draft Ordinance Amending FMC re Flood Damage Prevention (4823 : 2023 UPDATES TO THE FLOOD DAMAGE PREVENTION Ordinance XX-2023 Page 3 of 8
building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

(B) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.

(C) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

(a)(D) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

(67) Take action to remedy violations of this chapter as specified in Section 18.200.060(c). (Ord. 1829 § 1, 7-26-88; Ord. 2396 § 2, 9-5-00; Ord. 27-2016 § 35, 12-6-16. 1990 Code § 8- 8106.)

SECTION 3. FMC SECTION 18.200.080, AMENDED

Fremont Municipal Code Section 18.200.080 is amended to read as follows:

Sec. 18.200.080 Provisions for flood hazard reduction.

(a) Standards of Construction. In all areas of special flood hazards, the following standards are required:

[Sections (a)(1) through (a)(2) are unchanged.]

(3) Elevation and Floodproofing.
(A) New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to the minimum elevation of the lowest floor as required by the Fremont Building Standards Code (Chapter 15. 1005) but no lower than at one foot or above the base flood elevation. Residential structures shall have the lowest point of the finished pad elevated to or above the base flood elevation plus one foot. Nonresidential structures may meet the standards in subsection (a)(3)(C) of this section. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor and verified by the floodplain administrator to be properly elevated. (B) New construction and substantial improvement of any structure in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM plus one foot of freeboard, or

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Attachment: Draft Ordinance Amending FMC re Flood Damage Prevention (4823 : 2023 UPDATES TO THE FLOOD DAMAGE PREVENTION Ordinance XX-2023 Page 4 of 8
at least two three feet if no depth number is specified. Nonresidential structures may meet the standards in subsection (a)(3)(C) of this section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor or verified by the floodplain administrator to be properly elevated.
(C) Nonresidential construction shall either be elevated in conformance with subsection (a)(3)(A) or (B) of this section or, together with attendant utility and sanitary facilities:
(i) Be floodproofed so that below one foot above the base flood level elevation the structure is watertight with walls substantially impermeable to the passage of water; (ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(iii) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the floodplain administrator.
(D) Require, for all new nonresidential construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(i) Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; the bottom of all openings shall be no higher than one foot above grade; openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; or (ii) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
[Sections (a)(3)(E) through (a)(3)(F) and (b) are unchanged.] (c) Standards for Subdivisions and Other Proposed Development. (1) The requirements of this subsection (c) apply (1) to all proposed new subdivisions of all lot sizes and (2) to all other proposed development on parcels greater than five acres.

New proposals shall:
(A) Identify the flood hazard area and the elevation of the base flood. (B) Identify the elevations of the lowest floor of all proposed structure(s) and pads on the final plans. If the site is filled above the base flood, the final pad elevation shall be

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Attachment: Draft Ordinance Amending FMC re Flood Damage Prevention (4823 : 2023 UPDATES TO THE FLOOD DAMAGE PREVENTION Ordinance XX-2023 Page 5 of 8
certified by a registered professional engineer or surveyor and provided to the floodplain administrator.
(C) Be consistent with the need to minimize flood damage. (D) Have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(E) Provide adequate drainage to reduce exposure to flood hazards. (d) Standards for Manufactured Homes. All new and replacement manufactured homes and additions to manufactured homes shall:
(1) Be elevated so that the lowest floor meets the minimum elevation of the lowest floor as required by the Fremont Building Standards Code (Chapter 15. 10 05) but no lower than at or one foot above the base flood elevation; and
(2) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.
[Section (e) remains unchanged.]
(f) Coastal High-Hazard Areas. Within coastal high-hazard areas established in Section

18.200.060(b), the following standards shall apply:
(1) All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) meets the minimum elevation as required by the Fremont Building Standards Code (Chapter 15.10 05) but no lower than at or one foot above the base flood elevation. The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading and wind loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state building standards and the Fremont Building Standards Code (Chapter 15.10 05).
(2) All new construction shall be located on the landward side of the reach of mean high tide.
(3) All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation.
(4) Fill shall not be used for structural support of buildings. (5) Manmade alteration of sand dunes which would increase potential flood damage is prohibited.

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Attachment: Draft Ordinance Amending FMC re Flood Damage Prevention (4823 : 2023 UPDATES TO THE FLOOD DAMAGE PREVENTION Ordinance XX-2023 Page 6 of 8
(6) The floodplain administrator shall obtain and maintain the following records:
(A) Certification by a registered engineer or architect that a proposed structure complies with subsection (f)(1) of this section.
(B) The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. [Section (g) remains unchanged.]

SECTION 4. FMC SECTION 18.200.090, AMENDED

Fremont Municipal Code Section 18.200.090 is amended to read as follows:

Sec. 18.200.090 Appeal procedure.

(a) Appeal Board.
[Sections (a)(1) through (a)(3) are unchanged.]
(4)Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (a)(3)(A) through (K) of this section have been fully considered. As the lot size increases beyond one- half acre, the technical justification required for issuing the variance increases. (45) Upon consideration of the factors of subsection (a)(3) of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (56) The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. [Section (b) is unchanged.]

SECTION 5. CEQA

The City Council finds that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each as a separate and independent basis, (1) CEQA Guidelines Section 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment); (2) CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the amendments will have the potential for causing a significant effect on the environment; and (3) CEQA Guidelines Section 15305, as a minor alteration in land use limitations which does not result in a change to land use or density. The City Council therefore directs that a Notice of Exemption be filed in compliance with CEQA regulations.

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Attachment: Draft Ordinance Amending FMC re Flood Damage Prevention (4823 : 2023 UPDATES TO THE FLOOD DAMAGE PREVENTION Ordinance XX-2023 Page 7 of 8
SECTION 6. SEVERABILITY

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

SECTION 7. EFFECTIVE DATE

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

SECTION 8. PUBLICATION AND POSTING

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

* * *

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

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

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Attachment: Draft Ordinance Amending FMC re Flood Damage Prevention (4823 : 2023 UPDATES TO THE FLOOD DAMAGE PREVENTION Ordinance XX-2023 Page 8 of 8

ATTEST:

__________________________________
City Clerk

APPROVED AS TO FORM:

____________________________________
City Attorney

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Attachment: Draft Ordinance Amending FMC re Flood Damage Prevention (4823 : 2023 UPDATES TO THE FLOOD DAMAGE PREVENTION California Ordinance Review Checklist
Version 2.3 – Sept 2022

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 1 of 16 STARR II – RSC 9 Purpose of Ordinance Review (Check one):
☒ CAV or CAC ☐ Map Update (New Effective date, if known___/___/_____) ☐ Other Associated Compliance Threshold: CAV = Compliant with current State Model, Map Update = Compliant with NFIP Minimum Standards, Other = describe below.

COMMUNITY DETAILS:

Community Name: Fremont, CA Community CID: 065028
Flood Zones: A, AE, AO, AH, VE, Shaded X CRS: (Class # or “No”): 7 Ordinance / Municipal Code Number: 18.200
Ordinance Effective Date: 12/6/16
• Current Level of Regulations: (d&e) - V & Floodways
• Status of Ordinance/Regulations Reviewed: Effective
• Weblink to Ordinance/Regulations (if applicable): Chapter 18.200 FLOOD DAMAGE PREVENTION (codepublishing.com)
REVIEW DETAILS:
1st Review: 1/6/2023
Reviewer: Yi Ling Chan Agency/Org: STARR II
QC Review: 1/6/2023
Reviewer: Michelle Gilbert Agency/Org: STARR II
ORDINANCE REVIEW FINDINGS SUMMARY:

Description of Model used: older version of model ordinance Higher Standards:
• 1 ft freeboard in most (but not all) cases, and in Building Codes as adopted in Chapter 15.10 Summary of Non-Compliant and Missing Elements:
• 18.200.080(3)(D): remove the word “nonresidential” construction– conflicts with 44 CFR 60.3c5 (both res and non-res have this below-lowest floor standard)
Sections that Require Clarification or Follow-up:
• 18.200.080 (various) While elevations herein meet minimum NFIP requirements, does not always meet CRS Class 8 prerequisite 1 foot freeboard requirements (see CRS Manual 2021 Addendum) • Fremont Building Standards code cross-references should be updated to Chapter 15.10 (not 15.05) Optional / Recommended Changes
• Highly recommend add language about Substantial Improvement/Substantial Damage (SISD) determinations as seen in CA Model 103-5

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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE PREVENTION ORDINANCE) CA Ordinance Review Checklist v2.3 – Sept 2022 Page 2 of 16 STARR II – RSC 9 For CIS: Adopts all future map revisions = ☒ Yes ☐ No
Extraterritorial Jurisdiction = ☒ No ☐ Yes-Full ☐ Yes-Limited Location of Regulations =
☒ Stand-Alone ☐ Zoning ☐ Subdivision☐ Codified ☐ Other ☒ Building Code: 2019 CA Building Code, Appendix G

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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE PREVENTION ORDINANCE) Community: Fremont, California

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 3 of 16 STARR II – RSC 9 IMPORTANT NOTES ABOUT THIS CHECKLIST:

1. This checklist version aligns to California’s Building Code Coordinated Model (2021) , which is substantially different from previous state model(s) layout.

2. The “Item Description” is a synopsis of the regulatory requirement and should not be construed as a comprehensive explanation of the requirement. Refer to the actual language contained in the NFIP Rules and Regulations for complete descriptions of the required standards. A citation of the NFIP requirements is no ted in Column 2.

3. “Unknown / Follow-up” means that the meaning of the language is unclear, or compliance cannot be determined without Agency clarification. Text is flagged for FEMA follow-up and decision.

4. The review of the community’s ordinance uses the following color highlights to illustrate findings. Per client preferences, only a subset of colors may appear in deliverables; a full color annotated version is available as needed.

Purple Higher Standard; compliant
Blue State Model or NFIP compliant language
Yellow Passage unclear or conflicts with model; review required.

Orange Noncompliant text or missing language that is required.

Gray Other text (unrelated to CFR or floodplain mgmt.); no compliance issues found.

Item Description
Code of Federal Regulations (CFR) Source Summary
CFR Source

State Model
Ordinance
Section
Applicable Local
Ordinance Section
(“Not Found” if missing)
NFIP Compliance
(Not Compliant, Compliant,
N/A, Unknown/Follow-up)
Comments, Higher Standards, & Omissions
Citation of Statutory Authority 59.22(a)(2) 101-2 18.200.010 ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Scope: Provisions of these regulations & building codes shall apply to all proposed development entirely or partially in flood hazard areas. 59.22(a) 101-3 18.200.060 (a) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Statement of Purpose citing health, safety, welfare reasons for adoption 59.22(a)(8) 101-4 18.200.060 ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Coordination with State Building Standards Code 101-5 15.10.060 ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE Community: Fremont, California

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 4 of 16 STARR II – RSC 9 Item Description
Code of Federal Regulations (CFR) Source Summary
CFR Source

Abrogation and Greater Restriction 60.1(d) 101-8, 101-9 18.200.060 (d) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Severability section.
(If any section/phrase of the ordinance is held to be invalid or unconstitutional by a court, it shall not affect the validity of remaining portions of the ordinance.)

60.1(b) Section 5 1.05.100
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Applicability and Compliance
SFHA development is subject to terms of this ordinance & other applicable regs 102-1 & Section III 18.200.060 (c) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE Community: Fremont, California

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 5 of 16 STARR II – RSC 9 Item Description
Code of Federal Regulations (CFR) Source Summary
CFR Source

State Model
Ordinance
Section
Applicable Local
Ordinance Section
(“Not Found” if missing)
NFIP Compliance
(Not Compliant, Compliant,
N/A, Unknown/Follow-up)
Comments, Higher Standards, & Omissions
Definitions: (Compliant, Missing or
Noncompliant):
☒☐ Area of Special Flood Haz *
☒☐ Base Flood *
☒☐ Basement
☒☐ Breakaway Wall
☒☐ Coastal High Hazard Area
☒☐ Development *
☒☐ Existing Manf Home Park/Subd
☒☐ Expansion MH Park/Subd
☒☐ Flood or Flooding
☒☐ FIS *
☒☐ FIRM *
☐☒ Flood Damage Resistant Material
☐☒ Floodproofing (Dry)
☒☐ Floodway *
☒☐ Functionally Dependent Use
☒☐ Highest Adjacent Grade
☒☐ Historic Structure
☐☒ Letter of Map Change
☐☒ LiMWA
☒☐ Lowest Floor *
☒☐ Manufactured Home *
☒☐ Manf Home Park/Subd *
☒☐ Mean Sea Level
☒☐ New Construction *
☒☐ New Manf Home Park/Subd
☒☐ Recreational Vehicle *

☒☐ Start of Construction *
☒☐ Structure *
☒☐ Substantial Damage *
☒☐ Substantial Improvement
☒☐ Variance
☒☐ Violation *

State definitions (not in 59.1):
☐☒ Accessory structure
☐☒ Agricultural structure
☐☒ Alteration of watercourse
☐☒ ASCE 24
☒☐ Base Flood Elevation *
☐☒ Building Code
☐☒ Coastal A Zone
☐☒ Design Flood Elev.
☐☒ Encroachment
☐☒ Exceptional Hardship
☐☒ Elevation Certificate
☐☒ Flood Control Project
☐☒ Floodplain Administrator
☐☒ Fraud/Victimization
☐☒ Market Value
☐☒ Nuisance
☐☒ Permit for Floodplain Dev.
☒☐ Riverine
☒☐ Sand Dunes
☐☒ Utility and Misc. Group U
☐☒ Watercourse

59.1 201-2 18.200.050 Compliant
Recommend updating Federal Insurance
Administration to Federal Emergency
Management Agency in Flood Insurance
Study definition.

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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE Community: Fremont, California

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 6 of 16 STARR II – RSC 9 Item Description
Code of Federal Regulations (CFR) Source Summary
CFR Source

State Model
Ordinance
Section
Applicable Local
Ordinance Section
(“Not Found” if missing)
NFIP Compliance
(Not Compliant, Compliant,
N/A, Unknown/Follow-up)
Comments, Higher Standards, & Omissions
Establishing the Special Flood Hazard Areas.
(If a community has annexed territory (e.g. county land) not covered on its flood maps or FIS, the FIS and appropriate FIRM panels (usually County) must also be adopted.)
Verify correct Flood Insurance Study - title and date.
* Verify it includes a reference to all “subsequent revisions and amendments thereto” to initial FIRMs and Flood Insurance Study.

60.2(h) 102-2 18.200.060 (b)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

All Revisions thereto?
X Yes ☐ No
Note for Region 9: FIS/FIRM dates
references Effective maps – Aug 3, 2009
(subsequent FIS revision was 12/21/2018;
historic Initial FIRM date is May 2, 1983)
Interpretation
(minimum requirements, liberally construed, neither to limit or repeal other powers)
102-3 18.200.060 (e)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

DUTIES AND RESPONSIBILITIES
Designate title of community Floodplain Administrator 59.22 (b)(1) 103-1 18.200.070 (b) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Floodplain Administrator Authority, Coordination with Building Official 103-2, 103-3 Not found
☐ Not Compliant
☐ Compliant
X N/A
☐ Unknown / Follow-up

Duties of the FPA
(16 items – review permit app, plans, design certs; interpret SFHA & BFE; watercourses; variances; inspections; cite violations)
103-4 18.200.070 (c)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up
Note: Newest model contains additional text
Requirement to submit new technical data:

Within 6 months, notify FEMA of changes in the base flood elevation by submitting technical or scientific data, so that insurance rates & floodplain management requirements will be based on current data.

65.3 103-4(11) 18.200.070 (c)(3)(B)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

SI/SD Determinations:

FPA/Building Official coordinate; 4 steps: Market value, cost of work, determination of SD, notification to applicant.
103-5 Not found
☐ Not Compliant
☐ Compliant
☐ N/A
X Unknown / Follow-up
Recommend add language about Substantial
Improvement/Substantial Damage (SISD)
determinations as seen in CA Model 103-5

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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE Community: Fremont, California

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 7 of 16 STARR II – RSC 9 Item Description
Code of Federal Regulations (CFR) Source Summary
CFR Source

59.22(a)(9) 103-6 18.200.070 (c)(4)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Development Permit Required
(shall be obtained prior to construction or other development including placement of manufactured homes, and fill or other activities.)

60.3(b)(1) 104-1 18.200.070 (a)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Application for a Development Permit (forms, information required) 104-2 18.200.070 (a) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Validity of permit (Model § 104-3),
Expiration in 180 days (104-5),
Suspension or Revocation of Permit (104-6)
104-3, 5, 6 Not found
☐ Not Compliant
☐ Compliant
X N/A
☐ Unknown / Follow-up

Assure that all other State and Federal permits are obtained. 60.3(a)(2) 104-4 18.200.070 (c)(1)(B) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Appeals of determinations or permits. 104-7 18.200.090 (a) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Information for development – Site Plan or Construction Docs required 105-1 18.200.070 (a) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Zone A - When no FEMA BFE / floodway data provided:

Require the applicant to include BFE by qualified engineer, or Obtain, review, reasonably utilize other data available, or Specify that BFE is 2 feet above HAG.

60.3(b)(4) 105-2(2) 18.200.070 (c)(2)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

5.A.b
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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE Community: Fremont, California

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 8 of 16 STARR II – RSC 9 Item Description
Code of Federal Regulations (CFR) Source Summary
CFR Source

State Model
Ordinance
Section
Applicable Local
Ordinance Section
(“Not Found” if missing)
NFIP Compliance
(Not Compliant, Compliant,
N/A, Unknown/Follow-up)
Comments, Higher Standards, & Omissions
Within Zones A1-30 and AE without a designated floodway, no new development unless it is demonstrated that the cumulative effect of all past and projected development will not increase BFE by more than 1 ft.

60.3(c)(10)
105-3(2)
&
303-4

18.200.070 (c)(1)(D)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Watercourse Alterations:

Notify adjacent communities and the CA Department of Water Resources prior to watercourse alterations or relocations, submit evidence to the FIA., and require engineering analysis showing no carrying capacity loss.

60.3(b)(6)

60.3(b)(7) 105-3(3) 18.200.070 (c)(3)(A)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Proposed sand dune alterations must show engineering analysis demonstrating no increase in potential flood damage. 60.3(e)(7) 105-3(4) 18.200.080 (f)(5) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Additional data; applicants may take on LOMC process, timeline relative to permit process 105-4 Not found
☐ Not Compliant
☐ Compliant
X N/A
☐ Unknown / Follow-up

Inspections
(by Bldg Official; SFHA buildings and structures in accordance w building code) -- Obtain and maintain records of lowest floor elevation for new construction and substantial improvements.
-- Certified elevations shall be submitted prior to final inspection.

60.3(b)(5)(i) 106 18.200.070 (c)(4)(A)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Where BFE data are utilized, obtain and maintain
floodproofing elevations & certifications for new or S.I. non-residential

60.3(b)(5)(ii),

60.3(c)(4)
106-4 &
301-1 (CBSC); 18.200.070 (c)(4)(C)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Variance Section - NOTE: Verify cross references to other sub-sections within variance language Variance section preamble; hearing body, limitations on authority. 60.6(a) 107-1, 2, 3 18.200.090 ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

5.A.b
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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE Community: Fremont, California

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 9 of 16 STARR II – RSC 9 Item Description
Code of Federal Regulations (CFR) Source Summary
CFR Source

Variances in Historic Structures, if proposal will not preclude continued historic designation & is minimum necessary. 107-5 18.200.090 (b)(1) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Shall not be issued in floodways if any flood level increase proposed 107-6 18.200.090 (b)(2) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Variances for Functionally dependent uses (meeting 1612 or R322 of CCR Title 24) 107-7 18.200.090 (b)(5)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Variances for Agricultural Structures 107-8 Not found
☐ Not Compliant
☐ Compliant
X N/A
☐ Unknown / Follow-up

Considerations for evaluation & Conditions for issuance of variances including written insurance notice 107-9, 10 18.200.090 (b)(6) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Violations
Authority of FPA for stop work orders; unlawful continuance & penalties 60.2(e) 108 18.200.070 (c)(6) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

III. FLOOD RESISTANT DEVELOPMENT

5.A.b
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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE Community: Fremont, California

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 10 of 16 STARR II – RSC 9 Item Description
Code of Federal Regulations (CFR) Source Summary
CFR Source

State Model
Ordinance
Section
Applicable Local
Ordinance Section
(“Not Found” if missing)
NFIP Compliance
(Not Compliant, Compliant,
N/A, Unknown/Follow-up)
Comments, Higher Standards, & Omissions
Buildings & Structures
within the scope of the building code shall comply with [SPECIFY STATE BLDG CODE] and local amendments in [CITATION IF ANY] See Appendix
of this
checklist for
Building Code
sub-citations
301-1
(CBSC) 15.10.030
☐ Uses new CADWR
Model Bldg Code Coord.

X N/A – community uses
standalone FPDO; see last
2 pages of checklist.

Community has standalone ordinance, and
has adopted CA building codes, including
appendix G, in Chapter 15
Anchoring to prevent floatation, collapse, or lateral movement. 60.3(a)(3)(i) 301-2(3); 301-3(1); 18.200.080 (a)(1) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Flood openings in accordance with the Building Code / ASCE 24 60.3(c)(5) 301-2(4); 301-3(4); 18.200.080 (a)(3)(F) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Use of flood-resistant materials & utility equipment. 60.3(a)(3)(ii) 301-2(5); 301-3(5); 18.200.080 (a)(2)(A) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Construction methods & practices that minimize flood damage. 60.3(a)(3)(iii) 306-1(1) 18.200.080 (a)(2)(B) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Electrical, heating, ventilation, plumbing, A/C equipment & other service facilities designed and/or located to prevent water entry or accumulation.

60.3(a)(3)(iv) 301-2(6); 301-3(6);
304-8; 306-1(5) 18.200.080 (a)(2)(C)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Subdivision proposals consistent with the need to minimize flood damage, reasonably safe from flooding.

60.3(a)(4)(i),

60.3(a)(3)
302-1(1)
&
303-1(1)

18.200.070 (c)(1)(C)
and 18.200.080
(c)(1)(C)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Public utilities and facilities for all development are located & constructed so as to minimize flood damage. 60.3(a)(4)(ii) 302-1(2)
&
303-1(3)

18.200.080 (c)(1)(D)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

5.A.b
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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE Community: Fremont, California

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 11 of 16 STARR II – RSC 9 Item Description
Code of Federal Regulations (CFR) Source Summary
CFR Source

60.3(a)(4)(iii)
&
AO: 60.3(c)(11)
302-1(3)
&
303-1(4)

18.200.080 (a)(2)(D)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Require base flood elevation data for subdivision proposals or other developments at least 50 lots or 5 acres. 60.3(b)(3)
302-2(2)
&
303-1(2)

18.200.080 (c)(1)(A)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up
BFE required for all subdivisions (confirm
with community, regardless of # of lots?)
Site is reasonably safe from flooding 60.3(a)(3) 303-1(1) 18.200.070 (c)(1)(C) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration & discharges. 60.3(a)(6)(i) 303-2 18.200.080 (b)(1) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

On-site waste disposal systems shall be located to avoid impairment or contamination. 60.3(a)(6)(ii) 303-2 18.200.080 (b)(2)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Require new and replacement water supply systems to be designed to minimize or eliminate infiltration. 60.3(a)(5) 303-3 18.200.080 (b)(1) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Limitations on fill placement. 303-5 Not found
☐ Not Compliant
☐ Compliant
X N/A
☐ Unknown / Follow-up

All new construction is “landward of the reach of mean high tide”. 60.3(e)(3) 303-6(1) 18.200.080 (f)(2) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

5.A.b
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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE Community: Fremont, California

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 12 of 16 STARR II – RSC 9 Item Description
Code of Federal Regulations (CFR) Source Summary
CFR Source

State Model
Ordinance
Section
Applicable Local
Ordinance Section
(“Not Found” if missing)
NFIP Compliance
(Not Compliant, Compliant,
N/A, Unknown/Follow-up)
Comments, Higher Standards, & Omissions
Prohibit use of fill for structural support. 60.3(e)(6) 303-6(2) 18.200.080 (f)(4) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Prohibit alteration of sand dunes which would increase potential flood damage. 60.3(e)(7) 303-7(3) 18.200.080 (f)(5)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Other V/VE/Coastal A Site Improvements;
analyses required, activities include bulkheads, revetments, fences, walls. 303-8 Not found ☐ Not Compliant
☐ Compliant
X N/A
☐ Unknown / Follow-up

Manufactured Homes Installation (HCD);
Foundations in non-coastal, coastal zones (per R322 of CCR Title 24) 304-1, -2 Not found ☐ Not Compliant
☐ Compliant
X N/A
☐ Unknown / Follow-up

Manufactured Homes are also required to be anchored to resist flotation, collapse, or lateral movement. 60.3(b)(8) 304-3 18.200.080 (d)(2) ☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

All Manufactured Homes elevated such that lowest floor is at or above BFE, and securely anchored to resist flotation, collapse, & lateral movement. (V Zones: Lowest Floor or LHZM.)

60.3(c)(6)(12)
& 60.3(e)(8) 304-4 18.200.080 (d)(1)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up
While meets minimum NFIP requirements,
does not appear to meet CRS Class 8
prerequisite freeboard requirements (1 foot
above BFE). Fremont Building Standards
code subsection should be updated to
Chapter 15.10
(alternate/add’l MH language) New or SI MH on sites in an existing MH Park with no “substantial damage” by flood, may be elevated either:

BFE or 36” above grade & securely anchored.

60.3(c)(6)(12)
& 60.3(e)(8) 304-5 Not found
☐ Not Compliant
☐ Compliant
X N/A
☐ Unknown / Follow-up

5.A.b
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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE Community: Fremont, California

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 13 of 16 STARR II – RSC 9 Item Description
Code of Federal Regulations (CFR) Source Summary
CFR Source

State Model
Ordinance
Section
Applicable Local
Ordinance Section
(“Not Found” if missing)
NFIP Compliance
(Not Compliant, Compliant,
N/A, Unknown/Follow-up)
Comments, Higher Standards, & Omissions
MH enclosures & flood damage resistant materials (per Bldg Code R322) 304-6,
304-7 15.10
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Protecting Manufactured Home utilities and mechanical equipment. (elevated or designed per § 304-4,5) 304-8 Not found
☐ Not Compliant
☐ Compliant
X N/A
☐ Unknown / Follow-up

RVs: All Recreational Vehicles placed on sites must be either:
(temporary) = on site for less than 180 consecutive days, OR be fully licensed and highway ready, OR
(permanent) = be elevated and anchored as a Manufactured Home.

60.3(c)(14);

60.3(e)(9) 305 18.200.080 (g)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

Other Development
Other (non building-code) development:

Minimize flood damage, meet floodway restrictions, anchored, flood resistant materials, mechanical/utilities elevated to meet DFE or ASCE 24.

Repeats stds
from 60.3(a-b),
in rows above
306-1 Via 15.10
☐ Not Compliant
☐ Compliant
X N/A
☐ Unknown / Follow-up
has adopted CA building codes, including
appendix G, in Chapter 15
Tanks shall be designed, constructed, anchored meeting ASCE 24. 306-2 Via 15.10 ☐ Not Compliant
☐ Compliant
X N/A
☐ Unknown / Follow-up
has adopted CA building codes, including
appendix G, in Chapter 15
Temporary Structures and storage (less than 180 days, anchored, openings meeting ASE 24, no hazmat, meet 303-4 when in floodways) 306-3 Not found ☐ Not Compliant
☐ Compliant
X N/A
☐ Unknown / Follow-up

In floodways… the following shall meet 303-4
Fences in Floodways (306-4)
Retaining Walls/Driveways with fill (306-6)
Swimming Pools (306-8); and per ASCE 24 in coastal zones. 306 Not found
☐ Not Compliant
☐ Compliant
X N/A
☐ Unknown / Follow-up

5.A.b
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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE Community: Fremont, California

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 14 of 16 STARR II – RSC 9 Item Description
Code of Federal Regulations (CFR) Source Summary
CFR Source

Flood Control Projects; applications; CLOMR documentation. 307 Not found ☐ Not Compliant
☐ Compliant
X N/A
☐ Unknown / Follow-up

5.A.b
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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE Community: Fremont, California

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 15 of 16 STARR II – RSC 9 Item Description
Code of Federal Regulations (CFR) Source Summary
CFR Source

State Model
Ordinance
Section
Applicable Local
Ordinance Section NFIP Compliance Comments, Higher Standards, & Omissions

Appendix: NFIP Standards CROSS-REFERENCED VIA CITATION to CA Building Specialty Code (301-1 CBSC)

☐ This community does not use standalone floodplain development regulations, but incorporates the following standards by reference under the CA Building Specialty Code.

OR: X This community uses a standalone floodplain development ordinance / regulations – the applicable local sections are noted and reviewed in the following rows.

SPECIFIC STANDARDS -- 60.3(c): When final flood elevations, but no floodways or coastal high hazard areas have been provided on a community's FIRM, then all the ordinance provisions for 60.3(a) & 60.3(b) and the following are required:

Residential structures (New and SI):

Lowest floor (including basement) elevated to or above the BFE. 60.3(c)(2),(5) 301-1 (CBSC);

15.10.030 and

18.200.080
(a)(3)(A)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up
1 ft freeboard requirement.

Update building code reference to Chapter 15.10
For all new construction and SI, require fully enclosed areas below the lowest floor are useable solely for parking, access, or storage, and have permanent flood openings properly designed in
accordance with 60.3(c)(5)

60.3(c)(5)

60.3(c)(14)
301-1
(CBSC);

304-7

15.10.030 and

18.200.080
(a)(3)(D)
X Not Compliant
☐ Compliant
☐ N/A
X Unknown / Follow-up

18.200.080 remove word “nonresidential” - This
standard applies to all residential & nonresidential
structures per CFR 60.3c5 & building codes
Nonresidential structures (new and SI):
in AE or A-Zones where BFE obtained, lowest floor elevated or floodproofed to or above BFE, or as required by ASCE 24, whichever is greater. Utilities elevated/floodproofed to same.

60.3(c)(3)

60.3(c)(5)
301-1
(CBSC)

18.200.080
(a)(3)(C)(i)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up
Required to be elevated to 1 ft above the BFE or
floodproofed to BFE. Update/confirm floodproofing
level equals elevation level, for conformance with
ASCE 24 and floodproofing discount eligibility.

Floodproofed non-residential structures: a registered PE or Architect shall certify that the design and methods of construction meet requirements at 60.3(c)(3)(ii); provide certification to FPA official.

60.3(c)(4)
301-1
(CBSC)

18.200.080
(a)(3)(C)(iii)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

STANDARDS FOR SHALLOW FLOODING (AO Zones) – N/A if no AO zone in community In AO Zones, Residential structures have their lowest floor (including basement) elevated above the highest grade adjacent to the building, to or above the depth number specified on the FIRM.

60.3(c)(7)
301-1
(CBSC)

18.20.080 (a)(3)(B)
☐ Not Compliant
X Compliant
☐ N/A
X Unknown / Follow-up
Meets NFIP requirements, but not CRS Class 8
requirements of 1 ft freeboard.

5.A.b
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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE Community: Fremont, California

CA Ordinance Review Checklist v2.3 – Sept 2022 Page 16 of 16 STARR II – RSC 9 Item Description
Code of Federal Regulations (CFR) Source Summary
CFR Source

State Model
Ordinance
Section
Applicable Local
Ordinance Section NFIP Compliance Comments, Higher Standards, & Omissions In AO Zones, Non-Residential structures lowest floor above HAG, above the depth number specified on the FIRM (at least two feet if no depth number is specified), or, together with utility and sanitary facilities, be completely floodproofed to or above the BFE.

60.3(c)(8) 301-1
(CBSC)

18.200.080
(a)(3)(B)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

FLOODWAY – 60.3(d): When BFEs and floodway delineations have been provided on a community’s FIRM, then all the ordinance provisions for 60.3(a) – (c) and the following are required:

In a regulatory floodway, No-Rise: prohibit any encroachment, unless H&H analysis per standard engineering practice certifies that the proposed encroachment would not result in any increase in flood levels during the base flood discharge.

60.3(d)(3) 301-1
(CBSC) 18.200.080 (e)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

COASTAL HIGH HAZARD AREAS (V Zones) – 60.3(e): N/A if no V zone in community Coastal A Zones designated in community? ☐ Yes X No or N/A V zones structures are elevated and secured to anchored pilings or columns so that the lowest portion of the lowest horizontal structural member is at or above the BFE.

60.3(e)(4)
301-1
(CBSC)

18.200.080 (f)(1)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up
Coastal (VE) areas in SF Bay National Wildlife Refuge
A registered professional engineer/architect shall certify V zone design. 60.3(e)(4) 301-1
(CBSC) 18.200.080 (f)(6)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

In V zones, space below the lowest floor shall be open or use breakaway walls. If breakaway walls are utilized, enclosed area shall be used solely for parking, building access, or storage.

60.3(e)(5) 301-1
(CBSC); 18.200.080 (f)(3)
☐ Not Compliant
X Compliant
☐ N/A
☐ Unknown / Follow-up

5.A.b
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Attachment: Flood Ord - Informational Item 1 (4823 : 2023 UPDATES TO THE FLOOD DAMAGE Fremont City Council Meeting: 03/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Budget

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4818) DOC ID: 4818
Updated: 3/2/2023 3:12 PM by Alberto Quintanilla Page 1 FISCAL YEAR 2022/23 MID-YEAR BUDGET REPORT - Update on the Status of the FY 2022/23 General Fund Operating Budget and Preliminary Three-Year Forecast; Approve Budget Adjustments; Make Findings of CEQA Exemption Contact Persons:

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

EXECUTIVE SUMMARY: The Mid-Year Budget Report is an opportunity for staff to update the City Council on current-year budget performance based on actual operating results.

Staff will present a brief review of economic trends, discuss revised General Fund revenue and expenditure projections for the current year, provide a preliminary General Fund forecast for the next three years, and present recommendations for mid-year budget adjustments.

BACKGROUND:

The Fiscal Year 2022/23 operating budget was adopted by the City Council on June 14, 2022. The adopted budget was developed on the assumption that the local economy would continue to recover from the pandemic-related recession and that General Fund ongoing revenues would increase by about 4.1%. The costs of the adopted budget were expected to be covered by projected ongoing resources and fiscal recovery funds held as unreserved fund balance.

As labor negotiations were under way when the 2022/23 operating budget was prepared, the adopted budget included 3% placeholder compensation increases. The final labor agreements, completed in July 2022, provided for higher increases and resulted in approximately $3.9 million of additional costs which have been incorporated into the adjusted budget.

As part of the FY 2021/22 Year End Report presented to the City Council on October 18, 2022, staff noted that a fourth-quarter surge in sales tax revenue and unanticipated expenditure savings resulted in $13.2 million of available ending fund balance in the General Fund. To address the increasing amount and volatility of sales tax revenue, the City Council increased the General Fund Budget Uncertainty Reserve from $10 million to $12.5 million. To create funding capacity for critical maintenance and capital needs as well as unfunded future capital investments, the City Council then transferred the remaining $10.7 million of the available ending fund balance to the Capital Improvements Fund.

DISCUSSION AND ANALYSIS:

Economic Trends: After small contractions in the first two quarters of calendar year 2022, the national economy returned to a healthy level of expansion with third quarter growth of

3.2% and fourth quarter growth of 2.9%. Consistent with an economic expansion, the labor

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Council Staff Report (ID # 4818) Meeting of March 7, 2023 Updated: 3/2/2023 3:12 PM by Alberto Quintanilla Page 2 market has remained tight, with the national unemployment rate staying at or close to record low levels in the range of 3.5%.

This economic growth, coupled with economic sanctions on Russia and lingering supply chain disruptions resulting from COVID restrictions, has created sustained high inflation. To combat inflation, the Federal Reserve has raised interest rates repeatedly over the last year and may continue to raise rates through the middle of 2023. The combination of higher prices and higher interest rates has led to a decline in consumer confidence, which ultimately could result in an economic slowdown or a recession later this year.

While the City’s preliminary revenue forecast assumes continued increases over the next few years, it is important to recognize the significant economic uncertainties facing our community.

FY 2022/23 General Fund Revenue and Expenditure Estimates: The General Fund’s largest source of revenue, property tax, is performing slightly above the budget estimate, with expected growth of 8.3% over the prior year. Sales taxes, however, constituting the General Fund’s second largest source of revenue, are projected to increase by 22.6%, a $37.6 million increase above the adopted budget revenue estimate. The significant growth in sales tax revenue is almost completely attributable to the new auto sales category. Hotel tax revenue appears to be recovering more rapidly than anticipated and is projected to exceed the budgeted estimate by $1.2 million.

Overall, General Fund revenues and transfers in are estimated to grow 2.9% in FY 2022/23 from the FY 2021/22 level, resulting in $43.7 million more of estimated resources than included in the adopted budget. This report includes a recommended adjustment to bring the budgeted revenue estimates for property tax, sales tax, and hotel tax in line with the current projections.

General Fund expenditures and transfers out for FY 2022/23 are projected to end the year $13 million below the adjusted budget, primarily due to higher than anticipated citywide vacancy savings. In total, General Fund expenditures and transfers out are anticipated to fall about 1% below the FY 2021/22 level.

The adjusted budget assumed that the General Fund would end the year with $17.8 million of unreserved fund balance. The $43.7 million increase in estimated General Fund resources, combined with $13 million of additional expenditure savings, results in an estimated ending fund balance for FY 2022/23 of $74.5 million.

Staff will return to the City Council on May 16, 2023, with updated estimates for FY 2022/23 incorporated into the FY 2023/24 Proposed Operating Budget.

The following table presents a comparison of FY 2021/22 actual results with the FY 2022/23 adjusted budget and staff’s FY 2022/23 mid-year estimate.

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Council Staff Report (ID # 4818) Meeting of March 7, 2023 Updated: 3/2/2023 3:12 PM by Alberto Quintanilla Page 3

Preliminary General Fund Forecast: Revenue projections for the next three fiscal years are based on the most current information available and take into account historical trends, current-year performance through mid-year, projected development activity, and scheduled changes in various fees and rates.

The FY 2023/24 and subsequent year expenditure projections are net of estimated citywide savings and include adjustments to reflect labor agreements, CalPERS pension contributions, retiree healthcare contributions, scheduled debt service payments, and contractual obligations. In accordance with the City Council’s Pension Liability Funding Policy, an additional pension contribution has been included in each year as well. It is important to note that the City’s labor agreements expire on June 30, 2025, and no compensation increases have been assumed in the FY 2025/26 expenditure projection.

As this forecast is preliminary, the expenditures shown represent a “base budget” that delivers the existing level of services with no assumed compensation or staffing increases.

These expenditure levels may increase as the FY 2023/24 Proposed Operating Budget is developed with the benefit of additional information, including any recommendations for service level enhancements.

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Council Staff Report (ID # 4818) Meeting of March 7, 2023 Updated: 3/2/2023 3:12 PM by Alberto Quintanilla Page 4

Revenue and Expenditure Adjustments: As discussed above, the current revenue projections for property tax, sales tax, and hotel tax are exceeding their budgeted estimates by $41.6 million, and expenditures are projected fall below the budgeted appropriations by $13 million. Staff recommends that the City Council increase the budget estimates for those three revenues and the expenditure savings estimate to match the current projections.

At the same time, staff is recommending three appropriation actions to address priority needs, with a fourth set of Council actions to be presented separately later in the fiscal year.

Restore the Unreserved Balance in the Risk Management Fund The City maintains approximately $14.1 million of self-insurance reserves in the Risk Management Fund for workers compensation claims up to $500,000 and general liability claims up to $1,000,000. In addition to the reserves, the Risk Management Fund also includes an unreserved balance, targeted at $3 million, that is used to make actuarially determined adjustments to the reserve levels.

As part of the budget balancing actions included in the FY 2020/21 budget, annual operating fund contributions to the Risk Management Fund were reduced to a level that appeared to be sustainable. However, over the past three years, a combination of increasing claims costs and rising insurance premiums for excess claims liability and property coverage have depleted the unreserved balance in the Risk Management Fund. Staff is recommending that the City Council allocate $3.5 million of additional General Fund revenue to restore the unreserved fund balance to its targeted level.

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Council Staff Report (ID # 4818) Meeting of March 7, 2023 Updated: 3/2/2023 3:12 PM by Alberto Quintanilla Page 5 Create an Accrued Leave Reserve in the Employee Benefits Fund Each year, the City’s unfunded liability for earned but unused vacation leave increases. The maximum accrual for each employee is capped, but the value increases at the same rate as the annual compensation increases. For the year ended June 30, 2022, the unfunded liability was approximately $13.5 million. A portion of accrued leave can be paid out to some employees during the year, but all accrued leave is payable on termination or retirement.

The General Fund annual operating budget currently includes $1.4 million to address the cost of these payouts on a pay-as-you-go basis, but as with our unfunded pension and retiree healthcare liabilities, it would be more prudent to establish a reserve to ensure that sufficient funds are available to meet the increasing cost of these obligations. The reserve would be used instead of the General Fund and the other operating funds to make accrued leave payments, and each year the General Fund and the other operating funds would make contributions to the reserve reflecting the value of that year’s earned but unused leave.

To accommodate the additional leave hours earned but unused in the current year, and recognizing that the prior year unfunded leave liability is increasing at the same rate as salaries, between 5% and 6%, staff is recommending that the City Council transfer $15 million to the Employee Benefits Fund to establish an accrued leave reserve.

Provide Additional Funding for Priority Maintenance and Capital Needs On several occasions over the last year, staff has presented to the City Council a list of critical maintenance and capital replacement needs as well as unfunded future capital investments. These include major City initiatives such as the parks master plan and the climate action plan, but also traffic signal modernization, replacement of deteriorating facilities in Central Park, and technology upgrades. Although the cost of these unfunded needs far exceeds the resources available, the unanticipated increase in current year revenue creates an opportunity to make progress on the highest priority projects. To create the capacity to fund some of these projects in the next capital improvement plan, staff recommends that the City Council appropriate $25 million of the additional revenue as a transfer to the Capital Improvements Fund.

Future Action - Pay Down General Fund Bonded Debt
Over the course of the last forty years, the City has financed a wide variety of capital facilities and land acquisition including City Hall, the Police Administration Center, the Development Services Center, the Maintenance Facility, and the Main Library. The remaining balance owed for these financings, $76.2 million, is reflected in two series of bonds payable from General Fund revenues.

As a separate set of actions later in the fiscal year, staff will be bringing forward a recommendation to pay off the City’s 2017B Lease Revenue Bonds. The cost of that payoff will include the $16.6 million of outstanding principal, as well as a portion of the interest that will be payable until the bonds can be redeemed on October 1, 2027. Paying off the 2017B Lease Revenue Bonds will save the General Fund approximately $1.3 million each year in debt service costs through the final maturity date of October 1, 2038. Additionally, by redeeming the bonds early, the City will avoid approximately $2.6 million of future interest payments.

In total, these four recommendations will account for approximately $60 million of the $74.5 million projected unreserved fund balance. As part of the FY 2023/24 propos ed

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Council Staff Report (ID # 4818) Meeting of March 7, 2023 Updated: 3/2/2023 3:12 PM by Alberto Quintanilla Page 6 operating budget, staff will likely be recommending that a portion of the remaining unreserved fund balance be used to increase the General Fund Budget Uncertainty Reserve.

FISCAL IMPACT: The recommended budget adjustments will better align the General Fund revenue and expenditure estimates with the current projections, restore the unreserved fund balance in the Risk Management Fund, establish a reserve for the City’s unfunded accrued leave liability, and create additional funding capacity for the FY 2023/24-2027/28 Capital Improvement Plan. Staff will return to the City Council on May 16, 2023, with the FY 2023/24 Proposed Operating Budget and a revised General Fund forecast.

ENVIRONMENTAL REVIEW: Action on this item is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Increase the General Fund revenue estimates for property tax by $2.8 million, sales tax by $37.6 million, and hotel tax by $1.2 million.

2. Increase the General Fund citywide savings estimate by $13 million.

3. Approve the transfer of $3.5 million to the Risk Management Fund (Fund 609).

4. Approve the transfer of $15 million to the Employee Benefits Fund (Fund 630).

5. Approve the transfer of $25 million to the Capital Improvements Fund (Fund 501).

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Fremont City Council Meeting: 03/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4820) DOC ID: 4820
Updated: 3/2/2023 3:13 PM by Alberto Quintanilla Page 1 VICE MAYOR KENG REFERRAL: City Council consideration of a Lunar New Year City of Fremont paid holiday commencing in 2024.

Contact Persons:

Name: Teresa Keng
Title: Vice Mayor
Div/Dept: City Council
Phone: 510-284-4012
E-Mail: [email protected]

VICE MAYOR KENG REFERRAL: City Council consideration of a Lunar New Year City of Fremont paid holiday commencing in 2024.

Lunar New Year is an important part of the culture of and is celebrated by many City of Fremont residents. The Lunar New Year celebration begins with the first new moon of the lunar calendar. The dates of the holiday vary from year to year, and can occur between January 21 and February 20.

Vice Mayor Keng requests that the City Council direct City staff to analyze methodology, summarize potential expenses, review meet and confer obligations, and present for Council consideration the recognition and celebration of the first day of the Lunar New Year celebration as a paid City of Fremont holiday commencing on or near the date of February 10, 2024 and thereafter.

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Fremont City Council Meeting: 03/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4837) DOC ID: 4837
Updated: 3/3/2023 12:35 PM by Alberto Quintanilla Page 1 COUNCILMEMBER KASSAN REFERRAL: Rental Protections
Contact Persons:

Name: Jenny Kassan
Title: Councilmember
Div/Dept: City Council
Phone: 510-284-4018
E-Mail: [email protected]

COUNCILMEMBER KASSAN REFERRAL: Rental Protections

COUNCILMEMBER KASSAN REFERRAL:

Alameda County’s Residential Eviction Moratorium is currently set to expire 60 days after the end of the local health emergency which could result in a crisis of evictions and unfair treatment of tenants and those looking for housing;
At the February 5, 2019 and April 2, 2019 City Council Meetings, City staff recommended the adoption of several amendments to the Rent Review Ordinance (RRO) “to address challenges that illustrate the limitations of the RRO,” and At that time, the City Council voted not to adopt the following staff recommendations:

1. Retaliation - The RRO states that landlord retaliation is strictly prohibited. However, the City currently does not directly enforce against retaliatory conduct. Staff recommended a review of the success of approaches that may be available to reduce tenants’ fear of retaliation and report back to the City Council.

2. Reason for Rent Increase over 5% - The RRO requires that landlords provide a reason for any rent increases above 5% but landlords often provide very minimal explanations. Staff recommended expanding the ordinance so that the landlord/responsible party must present evidence to explain the reason for a rent increase in excess of 5% during the consultation/mediation step of the rent review process; and
Staff recently have identified a third amendment that could be considered to address current challenges in the rental market - a limitation on the types of criminal background checks that landlords may conduct on potential tenants (known as a Fair Chance Ordinance). https://www.nhlp.org/wp-content/uploads/021320_NHLP_FairChance_Final.pdf This referral requests that City Council direct staff to re-visit the research and recommendations provided in 2019 and provide updated recommendations for changes to the RRO to address the potential looming crisis that could result from the end of the Alameda County residential eviction moratorium and to address limitations of the RRO.

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Fremont City CouncilMarch 7, 2023

Fremont City Council
March 7, 2023