Agenda packet, regular meeting — Fremont City Council, April 4, 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
April 04, 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 April 4, 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 - April 04, 2023

April 4, 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: 864 0343 2672. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/86403432672
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.

April 4, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
April 04, 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 Regular Meeting of March 7, 2023, the Regular Meeting of March 14, 2023, and the Regular Meeting of March 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. PURCHASE OF LUCAS CHEST COMPRESSION SYSTEM CARDIAC SUPPORT PUMP (CPR DEVICES) - Authorize the City Manager to Issue a Purchase Order to Stryker for the Purchase of 16 LUCAS Chest Compression Units (CPR devices) in the Amount of $245,119; Related Appropriation Action; CEQA Finding
Contact Persons:

Name: Corina Campbell Heather Mozdean
Title: Business Manager Deputy Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4281
E-Mail: [email protected] [email protected]

April 4, 2023 Fremont City Council Page 4
RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to issue a purchase order to Stryker Corporation, in the amount of $245,119, for the purchase of sixteen LUCAS Chest Compression Systems.

2. Appropriate $15,320 in the Fire Impact Fee Fund (Fund 544) to purchase one LUCAS system for the new fire truck company.

D. AMENDMENT NO. 1 TO EXPANDED LEARNING OPPORTUNITIES PROGRAM AGREEMENT - Amendment No. 1 to Expanded Learning Opportunities Program Agreement Contract No. 23-0015 between the Fremont Unified School District and City of Fremont to extend the Program for an additional one-year academic period and to include summer programming for summer 2023 and summer 2024; Associated appropriation actions.

Contact Persons:

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

RECOMMENDATIONS:

1. Approve and authorize the City Manager or her designee to execute Amendment No. 1 to Agreement No. 23-0015 with the Fremont Unified School District for partnership and services to extend the Expanded Learning Opportunity Program (ELO-P) for Transitional Kindergarten/Kindergarten for an additional academic year through 2024 and to amend the scope of services to include summer ELO-P camps for summer 2023 and summer 2024.

2. Recognize $45,890 of revenue and appropriate $45,890 of expenditures in the Recreation Fund (Fund 189) for the portion of the ELO-P that will take place in June 2023.

E. TRACT 8530 - Adopt a Resolution Approving the Final Map and Improvement Plans; Accepting Dedication of Land and Public Easements; and Authorizing the City Manager to Execute Agreements for Construction of Public and Private Street Improvements for Tract 8530, located at 3057 Decoto Road (Decoto Lux); Make Findings of CEQA Exemptions Contact Persons:

Name: Homira Shafaq Hans Larsen
Title: Civil Engineer II Public Works Director
Dept: Public Works Public Works
Phone: (510) 494-4780 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution to:

1. Approve the Final Map and the Improvement Plans for Tract 8530.

2. Accept the developer’s offer of dedication of real property interests, as identified on the Final Map, provided that the acceptance of any property on which the developer is required to construct public improvements shall be conditioned upon the developer’s completion of the improvements to the satisfaction of the City Engineer.

3. Approve the Agreement for Public Improvements entitled “Public Improvement Agreement, Tract 8530”, with the developer, Fatima Ahmed and Zafir Shaiq, and authorize the City Manager to execute the agreement on behalf of the City.

4. Approve the Agreement for Private Improvements entitled “Private Improvement Agreement, Tract 8530”, with the developer, Fatima Ahmed and Zafir Shaiq, and authorize the City Manager to execute the agreement on April 4, 2023 Fremont City Council Page 5
behalf of the City.

3. Ceremonial Items
A. Proclamation: 40th Annual National Night Out
B. Proclamation: Fair Housing Month

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

PUBLIC FINANCING AUTHORITY
B. See Separate Agenda

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items - None.

6. Other Business
A. PREPAYMENT OF GENERAL FUND LEASE PAYMENTS AND DEFEASANCE OF SERIES 2017B LEASE REVENUE BONDS - Consider Proposed Prepayment by the City of Fremont of General Fund Lease Payments and Defeasance of Fremont Public Financing Authority Lease Revenue Bonds, Series 2017B, and Related Appropriation Actions
Contact Persons:

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

RECOMMENDATIONS:

1. Find that the recommended action is a financial transaction and is “not a project” as defined by CEQA and is exempt from CEQA review under Section 15378(b)(2) and (b)(5).

2. Appropriate $17,350,000 in the General Fund (Fund 001) to establish a defeasance escrow for the purpose of prepaying the 2017 Lease Payments, defeasing the 2017 Bonds, and paying the costs of defeasance.

3. Adopt a resolution authorizing the preparation and execution by the City officers and staff identified in the resolution of all documents required to complete the proposed defeasance transaction, including the Escrow Agreement.

April 4, 2023 Fremont City Council Page 6

B. FEBRUARY 2023 CITY COUNCIL RETREAT - Acceptance of the 2023 City Council Retreat Report and Identified Council Priorities Contact Persons:

Name: Candice Rankin Mumby Christina Briggs
Title: Management Analyst II Assistant City Manager
Dept: City Manager's Office City Manager's Office
Phone: 510-284-4027 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATION: Accept the February 2023 City Council Retreat Report.

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

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

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
April 4, 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

April 4, 2023 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 April 4, 2023 5:30 p.m. City Council Closed Session
Meeting
Council
Chambers Live
April 4, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
April 4, 2023 7:00 p.m. Public Financing Authority
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
July 4, 2023 City Council Meeting
Cancelled
July 11, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
July 18, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
July 25, 2023 CC/FUSD Liaison Committee
Meeting Cancelled
August Recess Council in Recess until
September

Fremont City Council Meeting: 04/04/23 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 # 4861) DOC ID: 4861
Updated: 3/29/2023 7:19 PM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Regular Meeting of March 7, 2023, the Regular Meeting of March 14, 2023, and the Regular Meeting of March 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 Regular Meeting of March 7, 2023, the Regular Meeting of March 14, 2023, and the Regular Meeting of March 21, 2023

ATTACHMENTS:
• DRAFT Minutes

RECOMMENDATION: Approve minutes.

2.B.1
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*Consent Items

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MINUTES

FREMONT CITY COUNCIL MEETING
MARCH 7, 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 7:00 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.

On a motion by Councilmember Cox, seconded by Councilmember Shao, the City Council moved agenda Items 7.A.1 and 7.A.2 before Scheduled Item 5.A.

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

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 Salwan, seconded by Councilmember Cox, 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

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*Consent Items

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

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved minutes for the Special and Regular Meetings of February 14, 2023, and the Regular Meeting of February 21, 2023.

* C. Mayor Mei opened consideration of Second Reading and Adopt ion 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)

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council waive second reading and adopt Ordinance 02-2023 amending Fremont Municipal Code Title 6, 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

* D. Mayor Mei opened consideration to Approve Five-month Exten sion of Agreement between the City and the Alameda County Fire Department for Regional Emergency Communications Center and Fire Dispatch Services

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

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: Katherine Rubie, Jan Leimert, Annie Koruga, George Wang, Jarvis Leung, Kelly Abreu, and Lynn Miller.

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5. SCHEDULED ITEMS

A. Mayor Mei opened Consideration To consider an ordinance to a mend 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.

Staff responded to questions from Councilmembers. Mayor Mei opened the public hearing.

There being no speakers, Mayor Mei closed the public hearing. This was followed by additional questions. Councilmembers provided comment.

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

1. Held public hearing.

2. Found that the amendments are exempt from the requirements o f 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. Found that the proposed Zoning Tex t Amendment is consistent with the General Plan;

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

5. Introduced an ordinance appr oving the proposed Zoning Text Amendment as set forth in the Draft Ordinance attached to the staff report.

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

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*Consent Items

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6. OTHER BUSINESS

A. Mayor Mei opened consideration of Update on the Status of th e FY 2022/23 General Fund Operating Budget and Preliminary Three-Year Forecast; Approve Budget Adjustments; Make Findings of CEQA Exemption (Mid-Year Budget Report)

Finance Director, Dave Persselin provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following person(s) commented: Henry Liang. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by additional questions. Councilmembers provided comment.

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

1. Increased the General Fund rev enue estimates for property tax by $2.8 million, sales tax by $37.6 million, and hotel tax by $1.2 million.

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

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

4. Approved the transfer of $15 m illion to the Employee Benefits Fund (Fund 630).

5. Approved the transfer of $25 m illion to the Capital Improvements Fund (Fund 501).

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

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals

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

Vice Mayor Keng provided an overview of her referral and responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following person(s) commented: John Hinds and Henry Liang. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by additional questions.

Councilmembers provided comment.

No action was taken by City Council.

2. COUNCILMEMBER KASSAN REFERRAL: Rental Protections

Councilmember Kassan provided an overview of her referral and responded to questions from Councilmembers. The following person(s) commented: Mac, Stephanie Szto, Chung, Chunchi

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*Consent Items

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Ma, Jingmi Yang, Sai N, George, Adeles, Fay Yassini (California Apartment Association), John Hinds, Tuan N, Annie He, Chris Hu, Lynn Zeng, David Stark, Lisa Danz (Fremont for Everyone), Jennifer L (Business and Housing Network), Sandra M (Fremont for Everyone), Dan (Business and Housing Network), Chris Moore, Katherine Rubie, Sherman, Nagesh Nenchurla, Simon, Meina Young (Business and Housing Network) and Derek Barnes. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by additional questions. Councilmembers provided comment.

No action was taken by City Council.

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

C. Legislative Actions – None.

D. Report on Committee Assignments – None.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 11:16 p.m.

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

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

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*Consent Items

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MINUTES

FREMONT CITY COUNCIL MEETING
MARCH 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 7:03 p.m.

B. Flag Salute: Vice Mayor Keng 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 – 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 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. Approval of Minutes – None.

* C. Mayor Mei opened consideration to Approve the Closeout of Completed Capital Projects and Partial Defunding of Selected Projects; and Approval of Fund Transfers and Appropriations.

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.

2.B.1.a
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*Consent Items

Page 2 ends

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

1. Found the action is exempt from the California Environmental Quality Act (CEQA) because it constitutes administrative fiscal activity, which is not a project under CEQA Guidelines section 15378.

2. Approved the closeout of the capital projects identified on Exhibit A - Project Closeout List and return the remaining project appropriations to available fund balance in their respective funds.

3. Approved the defunding of the capital projects identified on Exhibit B - Project Defund List and return the remaining project appropriations to available fund balance in their respective funds.

4. Approved appropriation actions identified on Exhibit C - Pro ject Appropriation List.

5. Approved the transfer of exi sting appropriations in Measure B Funds 518 and 519 to the Measure BB Funds 515 and 520 respectively.

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

* D. Mayor Mei opened consideration to Adopt Resolutions Orderi ng the Preparation and Filing of the Annual Engineer's Report and Declaring the Intent to Levy and Collect Assessment for Fremont Landscaping Assessment District 88 for Fiscal Year 2023/24 (Proposed Annual Assessment)

This item was removed from the Consent Calendar.

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

1. Adopted Resolution No. 2023-13 or dering the preparation and filing of the annual Engineer’s Report for Landscaping Assessment District 88 for Fiscal Year 2023/24.

2. Adopted Resolution No. 2023-14 s tating the intent of the City Council of the City of Fremont to levy and collect assessments for Fremont Landscaping Assessment District 88 for Fiscal Year 2023/24.

Ayes: Vice Mayor Keng, Councilmembers: Campbell, Kassan, Shao, and Cox
Noes: None
A
bsent: None
Abstain: Mayor Mei and Councilme mber Salwan (business/property interests)

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*Consent Items

Page 3 ends

* E. Mayor Mei opened consideration of the Acceptance and Spend ing Plan of the 2022/23 State of California Citizens Option for Public Safety (COPS) Grant

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council adopted Resolution No. 2023-15 accepting the 2022/23 California Citizens Option for Public Safety (COPS) grant in the amount of $593,068 as allocated in the Supplemental Law Enforcement Services Account (SLESA) for the Fremont Police Department and approving the spending plan set forth in the resolution to purchase items supporting front line law enforcement services.

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

Absent: None
A
bstain: None

* F. Mayor Mei opened consideration of Approval to Adopt a Reso lution Designating and Authorizing Agents to Act on Behalf of the City of Fremont for All Matters Pertaining to State and Federal Disaster Assistance Funding (Emergency Assistance Funding)

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council adopted Resolution No. 2023-16 designating the Assistant City Managers, Deputy City Manager, and Finance Director as the City of Fremont’s agents to provide required assurances and certifications, and execute agreements for the purpose of obtaining financial assistance from the State of California Governor’s Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA).

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

Absent: None
A
bstain: None

* G. Mayor Mei opened consideration of Approval for Authorizati on to Execute Task Orders to the Joint Powers Agreement with the City of Newark for FY 2022/23 Paratransit Services (Newark Joint Powers Agreement (JPA))

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager or her designee to execute Task Order No. 27 to the existing Joint Powers Agreement with the City of Newark for the provision of FY 2022/23 paratransit services, in the amount not to exceed $293,052.

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

Absent: None
A
bstain: None

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*Consent Items

Page 4 ends

3. CEREMONIAL ITEMS

A. Proclamation: American Red Cross Month – March 2023

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications - None.

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS

A. Mayor Mei opened consideration of Alameda County Mosquito Abatement District 2023 Update by the District General Manager Ryan Clausnitzer

Alameda County Mosquito Abatement District General Manager, Ryan Clausnitzer provided a presentation. Mr. Clausnitzer responded to questions from Councilmembers. Mayor Mei opened the public comment period. There being no speakers, Mayor Mei closed the public comment period. Councilmembers provided comment. City Council received the report and presentation from Mr. Clausnitzer.

B. Mayor Mei opened consideration to Receive Presentation and P rovide Input to Staff on the Preparation of the City’s Five-Year Capital Improvement Program (CIP) for Fiscal Years 2023/24 through 2027/28.

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

Public Works Director, Hans Larsen and Community Services Director, Suzanne Wolf provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following person(s) commented: Sharon Ventura, Bob Czerwinski (provided hand-outs), Barry Jennings, Sushil Shukla, Monika Aeschbacher, Sunil Tomar, and Kishor Desai. There being no additional speakers, Mayor Mei closed the public comment period. Councilmembers provided comment.

City Council received the presentation and provided input to staff on the preparation of the City’s Five-Year Capital Improvement Program (CIP) for Fiscal Years 2023/24 through 2027/28.

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*Consent Items

Page 5 ends

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals

1. COUNCILMEMBER CAMPBELL REFERRA L: Request to Update the Fremont City Council Handbook to Include Rosenberg’s Rules of Order

Councilmember Campbell provided an overview of her referral. Mayor Mei asked if there were public speakers. There were no public speakers. The was followed by a question and answer period between Councilmembers and staff.

On a motion by Councilmember Campbell, seconded by Councilmember Salwan, the City Council directed staff to update the Fremont City Council Handbook, in red-line to show the changes, to incorporate Rosenberg’s Rules of Order as standard rules of order and bring back to City Council for review at a future date for potential adoption.

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

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

C. Legislative Actions – None.

D. Report on Committee Assignments

Councilmembers reported on their various meetings.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 10:07 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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*Consent Items

Page 1 ends

MINUTES

FREMONT CITY COUNCIL MEETING
MARCH 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: Vice Mayor Keng 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 made an announcement regarding Restaurant Week 2023.

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 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. Approval of Minutes – None.

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*Consent Items

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* C. Mayor Mei opened consideration of Second Reading and Adopt ion of an Ordinance of the City of Fremont Amending 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

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council waive second reading and adopted Ordinance No. 03-2023amending 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.

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

* D. Mayor Mei opened consideration of Selection of the Vice Ma yor for the Period Covering March 2023 through November 2023

This item was removed from the Consent Calendar.

The following persons commented: Martha Kreeger & Astrid Scott (Office of Aisha Wahab), Jasleen Khanuja (Yo India TV), Matthew Jorgens (Office of Assemblymember Alex Lee), Pastor Terry Inman (Harbor Light Church, Fremont Christian School & President of City Serve), Brannin Dorsey (Tri Cities Democratic Forum), Nitika Sathiya (Alameda County Co- Youth Poet Laureate for Alameda County), Rona Popal (Afghan Coalition), Naz Mahika Khan (FANA), Dr. Reena Johar (Disha Darshan), Willie Franklin (Alpha Phi Alpha), Vincent McDowell (President of the Silicon Valley Chapter of Alpha Phi Alpha Fraternity, Inc.), Alka Bhatnagar(Music Chairperson of Fog), Muneeba Zeeshaw (Pakastani American Community Center (PACC) President), Moina Shaiq , Chappie Jones, Michelle L. Goudeaux, Linda Alexander (President of Dawn and Sorority Sister of Alpha Kappa Alpha Sorority Inc.), Henry Liang (President of Citizens for a Better Community), Jasmine Dave (BAPS), Sandra Edwards, Petra Brady (Member of Alpha Kappa Alpha Sorority, Director of Community Engagement for the Oakland African American Chamber of Commerce), Dyesha Gardner (former Human Relations Commissioner), Patrick Hardy (Crisis Emergency and Disaster Specialist in private service), and Vickie Stephens (Sorority Sister of Councilmember Cox).

On a motion by Councilmember Cox, seconded by Councilmember Shao, the City Council appointed Councilmember Teresa Cox as the Vice Mayor for the period covering March 2023 through November 2023.

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*Consent Items

Page 3 ends

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

3. CEREMONIAL ITEMS

A. Proclamation: Arts, Culture , and Creativity Month April 2023 supported by ‘Fremont Creates’

B. Proclamation: Proclaiming March 2023 as the 21st Annual Marc h for Meals Month

C. Proclamation: National Nutrition Month – Registered Dietitia n and Nutritionists, March 2023

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

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: Jeff (J), Carol Zilli (Music for Minors II), Kelly Abreu, Salim Mastan, Naz Mahika Khan, Alex Woo, Taranjit, Arun, Sai Nagarajan, Sanjay, Henry Liang, CL, and Navi.

5. SCHEDULED ITEMS

A. Mayor Mei opened Public Heari ng (Published Notice) to consider an annual report on the status of implementation of the General Plan and the 2015 – 2023 Housing Element, and to consider an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15378 and/or 15061(b)(3). (2022 Housing Element Annual Progress Report)

Community Planner, Wayland Li and Community Development Director, Dan Schoenholz provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened the public hearing. The following person(s) commented: Naren Immadi. There being no additional speakers, Mayor Mei closed the public hearing.

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

1. Found that the annual report is exempt from, and not subject to the requirements of, the California Environmental Quality Act (CEQA), pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), (5), and/or 15061(b)(3) in that the annual report is an

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*Consent Items

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administrative action that has no potential to cause a direct or indirect significant effect on the environment and does not meet CEQA's definition of a "project." Each of the foregoing provides a separate and independent basis for CEQA exemption.

2. Accepted Exhibit A and Exhibit B to the staff report, which depict the current status of the General Plan and Housing Element, and direct staff to submit the required materials to OPR and HCD.

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

6. OTHER BUSINESS – None.

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals

1. COUNCILMEMBER COX REFERRAL: City Council consideration of an Annual Fremont Multicultural Festival

Vice Mayor Cox provided an overview of her referral. Mayor Mei opened the public comment period. The following persons commented: Rev. Dr. Gideon Lee (Crosspoint Church of Silicon Valley) and Syeda Reshma Inamdar (President of TriCity Interfaith Council). There being no additional speakers, Mayor Mei closed the public comment period. This was followed by comments from Councilmembers. Staff responded to questions by Councilmembers.

On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council would direct City staff to do the following:

1. Develop a plan to host Annual Multicultural Festival at Frem ont Downtown Center. Plan would include but not limited to: staffing, resources, budget/cost impact, suggested performances and activities, community partner sponsorships, public-private partnerships, cultural information and resource booths, community outreach, event management, and timeline.

2. Present the developed plan f or City Council consideration at a future meeting.

A
yes: Vice Ma yor Cox and Councilmember Keng
Noes: Mayor Mei, Councilmembers: Campbell, Kassan, Shao, and Salwan

Absent: None
Abstain: None

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*Consent Items

Page 5 ends

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

C. Legislative Actions – None.

D. Report on Committee Assignments – None.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 10:30 p.m.

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

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

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Attachment: DRAFT Minutes (4861 : Approval of Minutes - 2023-03-07 - 2023-03-21) Fremont City Council Meeting: 04/04/23 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4839) DOC ID: 4839 A
Updated: 3/28/2023 2:45 PM by Susan Gauthier A Page 1

PURCHASE OF LUCAS CHEST COMPRESSION SYSTEM CARDIAC SUPPORT PUMP (CPR DEVICES) - Authorize the City Manager to Issue a Purchase Order to Stryker for the Purchase of 16 LUCAS Chest Compression Units (CPR devices) in the Amount of $245,119; Related Appropriation Action; CEQA Finding Contact Persons:

Name: Corina Campbell Heather Mozdean
Title: Business Manager Deputy Fire Chief
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4281
E-Mail: [email protected] [email protected]

Executive Summary: The Fremont Fire Department (FFD) equips each engine and truck with a mechanical chest compression device to provide continuous CPR during transport to the hospital. These devices have a seven-year life and are now due for replacement, which is budgeted through the Fire Capital Replacement Fund. The purpose of this report is to authorize the City Manager or designee to issue a purchase order to Stryker Corporation for $245,119 to purchase 16 LUCAS Chest Compression Systems.

Because one of the LUCAS systems will be used by the new fire truck company once it becomes operational, staff is also recommending that the City Council appropriate the cost of that system in the Fire Impact Fee Fund.

BACKGROUND: In 2012, the Alameda County EMS Authority mandated that all county fire departments’ first responder paramedic engines and trucks be equipped with a mechanical chest compression device, thus leading to mechanical CPR as the standard while providing care on the scene of a cardiac arrest.

In the last 18 months (September 2021 to March 2023) FFD responded to 476 cardiac arrests. Although not all of the 476 responses resulted in the need for CPR, this number still emphasizes this equipment's importance. CPR offers the best survival rate for a cardiac arrest. Fremont Fire Department currently uses the Zoll AutoPulse for automated CPRand are due for replacement.

DISCUSSION/ANALYSIS: A field study was conducted to determine the best device for Fremont Fire’s first responders and our community. The Stryker LUCAS Chest Compression System was ranked the highest. In addition, Alameda County EMS, ambulance contractors, Alameda County Fire and other agencies in the county are now using the LUCAS, making it a standard within the county.

The LUCAS Device has been adopted for use in Alameda County Hospital Emergency Departments as the preferred method of mechanical CPR. Many other Fire Agencies in Alameda County utilize the LUCAS device making it preferable in the event of a Mutual Aid Event.

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Council Staff Report (ID # 4839) Meeting of April 4, 2023 Updated: 3/28/2023 2:45 PM by Susan Gauthier A Page 2
The LUCAS Devices will be placed in thirteen front line apparatus, one will be used for the 14th Company (once operational) and the remaining two will be used as spares.

This purchase has been approved as exempt from the competitive procurement requirements pursuant to Fremont Municipal Code, Chapter 3.20, Article 7. Staff consulted with the Purchasing Division, and based on the discounted purchase price the City is receiving, and the high-quality, compatibility and broad-based use of the Lucas Chest Compression Systems, bidding will not be useful or produce any advantages to the City.

FISCAL IMPACT: The Fire Capital Replacement Fund (Fund 615) adopted budget has sufficient available appropriations to purchase 15 of the recommended LUCAS systems.

Staff is recommending that the City Council appropriate $15,320 in the Fire Impact Fee Fund (Fund 544) to pay for the 16th system, which will be used to equip the new fire truck company when it becomes operational.

ENVIRONMENTAL REVIEW: The item is not subject to review under the California Environmental Quality Act (CEQA) per CEQA Guidelines sections 15378 because the action is an administrative governmental activity that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS:
• Stryker Sole Source
• Stryker QUOTE

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to issue a purchase order to Stryker Corporation, in the amount of $245,119, for the purchase of sixteen LUCAS Chest Compression Systems.

2. Appropriate $15,320 in the Fire Impact Fee Fund (Fund 544) to purchase one LUCAS system for the new fire truck company.

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-
S
ol e Source/Non-bid Justification
Vendor name: _______________________________________________________________________ It
em or Service being purchased: ___________________________________________________ A
mount: __________________________ Council Date (if needed): ________________________ One of a kind: The commodity or service has no comparable competitive product and only one vendor is available.

Proprietary Product: The item is only made by one vendor, which holds exclusive legal rights to the item.

Replacement Item: There is only one vendor that can supply the component or replacement part for equipment that is currently in service.

Compatibility: The item needs to comply with another product that is currently in service, and can only be purchased from one vendor.

Emergency: Immediate action is required to resolve an emergency. City Manager approval is required (Attach memo with details of the emergency, see Purchasing Code 3.20.290 for full compliance).

Manufacturer Direct: Product or service can only be obtained by the manufacturer or authorized/certified dealer for parts or repair.

Co-operative Purchase: The product or service has been competitively bid by another agency and meets the requirement of the Purchasing Code 3.20.180. (Attach bid, other agencies purchase order, contract, price schedule and quote)
Ot
her:_________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ What steps were taken to find other Vendors?
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Use additional attachments if necessary.

Department Approval: ________________________________________Date____________________________________ Purchasing Manager: ________________________________________ Date____________________________________ Finance Director: ____________________________________________ Date_____________________________________ City Manager: _______________________________________________ Date_____________________________________ Updated 4/17/2019
Stryker
Lucas Chest Compression System
$245,118.66
April 11, 2023
The Lucas device is used by all emergency agencies in Alameda County, including ambulance providers.

A test of other devices was conducited by Fremont Fire Staff and Lucas had the best overall perfomance for providing automated CPR on a patient. Fremont Fire's price quote is below cooperative agreements, FFD field study findings are attached.
✔
✔
✔
DocuSign Envelope ID: 0E68DC0E-4840-46C0-903C-F4C876506CE5 03/09/2023 | 10:04 AM PST
03/09/2023 | 12:11 PM PST
03/09/2023 | 2:08 PM PST
03/10/2023 | 7:40 AM PST

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Attachment: Stryker Sole Source (4839 : Purchase LUCAS Chest Compression Systems (CPR DEVICES)) Quote Summary
Delivery Address

End User - Shipping - Billing

Bill To Account

Name:

FREMONT FIRE DEPT

Name:

FREMONT FIRE DEPT

Name:

CITY OF FREMONT

Account #:

1323180

Account #:

1323180

Account #:

1323181

Address:

3300 CAPITAL AVE BLDG A

Address:

3300 CAPITAL AVE BLDG A

Address:

PO BOX 5006

FREMONT

California 94538-1514

California 94537-5006

Equipment Products:
#

Product

Description

Qty

Sell Price

Total

1.0 99576-000063

LUCAS 3, v3.1 Chest Compression System, Includes Hard
Shell Case, Slim Back Plate, (2) Patient Straps, (1)
Stabilization Strap, (2) Suction Cups, (1) Rechargeable Battery and Instructions for use With Each Device

16 $14,541.03

$232,656.48

2.0 11576-000060

LUCAS Desk-T op Battery Charger

16 $1,080.14

$17,282.24

3.0 11576-000080

LUCAS 3 Battery - Dark Grey - Rechargeable LiPo

16 $660.84

$10,573.44

Equipment T otal:

$260,512.16

Trade In Credit:

Product

Description

Qty

Credit Ea.

Total Credit

TR-ZAP-LUC3

TRADE-IN-ZOLL AUTOPULSE TOWARDS PURCHASE OF
LUCAS 3.1

16 -$3,500.00

-$56,000.00

ProCare Products:
#

Product

Description

Qty

Sell Price

Total

5.1 78000703

ProCare LUCAS Prevent Service: Annual onsite
preventive maintenance inspection and unlimited repairs including parts, labor and travel with battery coverage for LUCAS 3, v3.1 Chest Compression System, Includes
Hard Shell Case, Slim Back Plate, (2) Patient Straps, (1) Stabilization Strap, (2) Suction Cups, (1) Rechargeable Battery and Instructions for use With Each Device

16 $1,227.75

$19,644.00

ProCare T otal:

$19,644.00

LUCAS 3.1 December 22

Quote Number:

10627029

Remit to:

Stryker Medical

P.O. Box 93308

Version:

1 Chicago, IL 60673-3308

Prepared For:

FREMONT FIRE DEPT

Rep:

Kevin Cuneo

Attn:

Email:

[email protected]

Phone Number:

Quote Date:

03/07/2023

Expiration Date:

01/31/2023

1 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 DocuSign Envelope ID: 0E68DC0E-4840-46C0-903C-F4C876506CE5

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Attachment: Stryker QUOTE (4839 : Purchase LUCAS Chest Compression Systems (CPR DEVICES)) Price Totals:

Estimated Sales T ax (10.250%):

$20,962.50

Freight/Shipping:

$0.00

Grand T otal:

$245,118.66

Comments/T erms/Signatures

Prices: In effect for 30 days

T erms: Net 30 Days

Contact your local Sales Representative for more information about our flexible payment options.

LUCAS 3.1 December 22

Quote Number:

10627029

Remit to:

Stryker Medical

P.O. Box 93308

Version:

1 Chicago, IL 60673-3308

Prepared For:

FREMONT FIRE DEPT

Rep:

Kevin Cuneo

Attn:

Email:

[email protected]

Phone Number:

Quote Date:

03/07/2023

Expiration Date:

01/31/2023

2 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 DocuSign Envelope ID: 0E68DC0E-4840-46C0-903C-F4C876506CE5

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Attachment: Stryker QUOTE (4839 : Purchase LUCAS Chest Compression Systems (CPR DEVICES)) Capital Terms and Conditions:

Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency. A copy of Stryker Medical's Acute Care capital terms and conditions can be found at https://techweb.stryker.com/ T erms_Conditions/index.html. A copy of Stryker Medical's Emergency Care capital terms and conditions can be found at https://www.strykeremergencycare.com/terms.

3 DocuSign Envelope ID: 0E68DC0E-4840-46C0-903C-F4C876506CE5

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Attachment: Stryker QUOTE (4839 : Purchase LUCAS Chest Compression Systems (CPR DEVICES)) Fremont City Council Meeting: 04/04/23 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4838) DOC ID: 4838 A
Updated: 3/28/2023 2:58 PM by Susan Gauthier A Page 1
AMENDMENT NO. 1 TO EXPANDED LEARNING OPPORTUNITIES PROGRAM AGREEMENT - Amendment No. 1 to Expanded Learning Opportunities Program Agreement Contract No. 23-0015 between the Fremont Unified School District and City of Fremont to extend the Program for an additional one-year academic period and to include summer programming for summer 2023 and summer 2024; Associated appropriation actions.

Contact Persons:

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

Executive Summary: Staff recommends the City Council authorize the City Manager or her designee to execute Amendment No. 1 to Agreement No. 23-0015 to extend the Expanded Learning Opportunities Program Agreement for Transitional Kindergarten/Kindergarten for an additional academic year through 2024, and amend the scope of services to include summer Extended Learning Opportunity Program (ELO-P) camps for summer 2023 and summer 2024 at three Fremont Unified School District elementary schools – Brier, Cabrillo, and Grimmer – on a fee for service basis. Staff also recommends that the City Council recognize $45,890 of revenue and appropriate $45,890 of expenditures in the Recreation Fund for the portion of the ELO-P that will take place in June 2023.

BACKGROUND: In 2017, Fremont Unified School District (FUSD) approached the City of Fremont (City) to collaboratively operate the After-School Education and Safety program due to FUSD’s growing costs in providing the program. The City and FUSD entered into an agreement (No. 18-2017) to retain the services of the City to coordinate and administer the District’s ASES grant program. FUSD and City have continued this partnership and recently applied as co-applicants for a 3-year cycle renewal through 2026 – Amendment No. 3 to Agreement No. 18-2017 – at three FUSD sites.

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

On January 18, 2023, the District retained the services of the City to coordinate and administer the District’s ELO-P expanded after-school program to include transitional kindergarten and kindergarten (“TK/K”) students as part of the District Expanded Learning Opportunities Program and entered into Services Agreement No. 23-0015 for a

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Council Staff Report (ID # 4838) Meeting of April 4, 2023 Updated: 3/28/2023 2:58 PM by Susan Gauthier A Page 2
6-month period.

The ELO-P program provides a structured, safe, and supportive environment for Fremont students that meets their developmental, physical, and social-emotional needs. The City will continue to work closely with FUSD staff to clearly align health and safety protocols and procedures with that of FUSD as well as provide pupil-centered, results driven, learning activities. The City will continue to work collaboratively with FUSD in updating the ELO- P Plan reflecting the needs of the community and providing continuous improvement in the ELO-P.

DISCUSSION/ANALYSIS: FUSD requested the City operate after school programming to meet needs of transitional kindergarten and kindergarten (TK/K) students through the ELO - P at the three current ASES sites – Brier, Cabrillo, and Grimmer Elementary Schools. The program, initiated in March 2023, offers unduplicated TK/K students afterschool enrichment programs. The program runs directly after TK/K release (usually 11:50 am. – depending on the school) until 6:00 p.m. providing social and emotional support, enrichment opportunities and creative expression.

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

The City and FUSD intend to continue this partnership and extend the agreement for an additional one-year academic period through school year 2023/24 and include 7 weeks of summer ELO-P programming in summer 2023 and summer 2024.

FISCAL IMPACT: Under this proposed Amendment, FUSD will reimburse the City in an amount of $279,703 for 2023/24 school year ELO-P for TK/K students at three sites for initial staffing for 20 students at a ratio of 1 staff member to 10 students and additional compensation per site of $38,088 (180 days) for each staff person based on a ratio of 1 staff member to 10 students for over 20 students, and $720 (180 days) per child for supplies.

For the ELO-P summer program, FUSD will reimburse the City in an amount of $143,844 for three sites for supplies and staffing for a 7-week program for initial staffing for 20 students at a ratio of 1 staff member to 10 students and additional compensation per site of approximately $9,138 for each additional staff based on a ratio of 1 staff member to 10 students for over 20 students, and $291.00 per child for supplies.

FUSD will reimburse City approximately $2,075 for one additional week (over the 7-week program) of summer ELO-P at Grimmer Elementary to accommodate summer school students the first week of summer school, June 12 – 16, 2023, for initial staffing for 20 students at a ratio of 1 staff member to 10 students and additional compensation of approximately $1,040 for each additional staff based on the 1:10 ratio over 20 students.

Staff recommends City Council recognize $45,890 of revenue and appropriate that amount in the Recreation Fund (Fund 189) for the portion of the ELO-P that will take place in FY 2022/23.

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Council Staff Report (ID # 4838) Meeting of April 4, 2023 Updated: 3/28/2023 2:58 PM by Susan Gauthier A Page 3

Revenue estimates and expenditure appropriations for FY 2023/24 will be included in the proposed budget.

ENVIRONMENTAL REVIEW: The proposed agreement amendment 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. Providing after school services to children in existing facilities will clearly not have a significant effect on the environment and, thus, CEQA does not apply, and no further environmental review is necessary.

ATTACHMENTS: None.

RECOMMENDATIONS:

2. Recognize $45,890 of revenue and appropriate $45,890 of expenditures in the Recreation Fund (Fund 189) for the portion of the ELO-P that will take place in June 2023.

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Fremont City Council Meeting: 04/04/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4659) DOC ID: 4659
Updated: 3/28/2023 11:17 AM by Susan Gauthier Page 1
TRACT 8530 - Adopt a Resolution Approving the Final Map and Improvement Plans; Accepting Dedication of Land and Public Easements; and Authorizing the City Manager to Execute Agreements for Construction of Public and Private Street Improvements for Tract 8530, located at 3057 Decoto Road (Decoto Lux); Make Findings of CEQA Exemptions
Contact Persons:

Name: Homira Shafaq Hans Larsen
Title: Civil Engineer II Public Works Director
Div/Dept: Public Works Public Works
Phone: (510) 494-4780 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to approve Final Tract Map 8530 and improvement agreements for public and private infrastructure associated with a four -unit development, commonly known as Decoto Lux Homes, and located in City Council District 1.

BACKGROUND: On July 7, 2020, the City Council approved the Vesting Tentative Map 10474 for the 0.60-acre property at 3057 Decoto Road. The developer is Fatima Ahmed and Zafir Shaiq. The Final Map creates 5 parcels to allow for 4 single-family residential lots.

DISCUSSION/ANALYSIS: The Final Map is in conformance with the Vesting Tentative Map and the developer has complied with all Tentative Map Conditions of Approval. The Final Map and Improvement Plans have been reviewed by staff and are now ready for City Council approval. A site plan of the property is included as an attachment for reference.

The developer has signed the Public Improvement Agreement and has posted performance and labor and material bonds each in the amount of $97,000 to guarantee construction of the public improvements (Decoto Road). Public improvements include sidewalk, curb and gutter, driveway, and other miscellaneous items of work as identified on the approved improvement plans.

The developer has signed the Private Improvement Agreement and has posted performance and labor and material bonds each in the amount of $513,000 to guarantee construction of the private and common area improvements (Moina Shaiq Common). Private improvements include the construction of private street, installation of streetlights, landscaping, vehicular parking to serve the residents, and other miscellaneous items of work as identified on the approved improvement plans.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: On July 7, 2020 the City Council approved an Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15332 for Infill Development Projects. The Final Map and Improvement Plans are consistent with the original project description, scope of work, and exempt from CEQA. No further environmental review is required.

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Council Staff Report (ID # 4659) Meeting of April 4, 2023 Updated: 3/28/2023 11:17 AM by Susan Gauthier Page 2

ATTACHMENTS:
• Site Plan (1 sheet)
• Draft Resolution- Tract-8530

RECOMMENDATION: Adopt a resolution to:

1. Approve the Final Map and the Improvement Plans for Tract 8530.

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LOT 1LOT 2LOT 3LOT 4

DECOTO ROADLOT AMOINA SHAIQ COMMON
TRACT 8530

NIGHTINGALECOURT
1731 Technology Drive, Ste #880San Jose, CA 95110Phone: (408) 286-4555www.jmhweiss.com

LEGEND & ABBREVIATIONS
EXHIBIT 'A': SITE PLAN
SITE

FREMONT

UNION CITY

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Attachment: Site Plan (1 sheet) (4659 : TRACT 8530 FINAL MAP) Resolution 2022-XX Page 1 of 3

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING THE FINAL MAP AND IMPROVEMENT PLANS FOR
TRACT NO . 8530, ACCEPTING THE OFFER S OF DEDICATION

IDENTIFIED ON THE FINAL MAP , AND AUTHORIZING T HE CITY

MANAGER TO SIGN IMPROVEMENT AGREEMENTS FOR PUBLIC AND
PRIVATE IMPROVEMENTS FOR TRACT 8530

WHEREAS, a final subdivision map of Tract No.8530 ("Final Map") in the City of Fremont, County of Alameda, State of California, has been presented to the City Council for approval, and the Final Map is on file with the City Engineer and is available to the public for review upon request; and

WHEREAS, the Developers of the project described on the Final Map is Fatima Ahmed and Zafir Shaiq (the “Developer”); and

WHEREAS, the Final Map is geographically located within the boundaries of the Tentative Map entitled “Vesting Tentative Map for Tract 8530 – Decoto Lux , City of Fremont, Alameda County, California,” and the Tentative Map is on file with the City Engineer and is available for review upon request; and

WHEREAS, the City of Fremont's (“City”) approval of the Tentative Map was conditioned upon the satisfaction of certain conditions of approval ("Conditions"), and a copy of which is on file with the City Engineer and available for review upon request; and

WHEREAS, the Final Map includes offers of dedication of interests in real property to the City, including property interests on Decoto Road and other easements as shown on Tract Map 8530; and

WHEREAS, as required by the Conditions, the Developer submitted improvement plans and specifications ("Improvement Plans") to the City entitled, “Improvement Plans – Tract 8530, City of Fremont, Alameda County, California,” containing 28 sheets, which describe the construction of public improvements (Decoto Road) and private improvements required by the Conditions including, but not limited to, complete construction of Moina Shaiq Common; and

WHEREAS, the Developer has submitted to the City a signed agreement entitled “Public Improvement Agreement, Tract 8530” ("Public Improvement Agreement"), by which the Developer has agreed to construct all public improvements required by the Conditions, including but not limited to those described by the Improvement Plans; and

WHEREAS, concurrently with the submittal of the Public Improvement Agreement, the Developer has posted security to guarantee completion of the public improvements and payment of laborers and suppliers, including a faithful performance bond in the amount of $97,000 and a labor and material bond in the amount of $97,000; and

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Attachment: Draft Resolution- Tract-8530 (4659 : TRACT 8530 FINAL MAP) Resolution 2022-XX Page 2 of 3

WHEREAS, the Developer has submitted to the City a signed agreement entitled “Private Improvement Agreement, Tract 8530”, by which the Developer has agreed to construct all private improvements required by the Conditions, including, but not limited to, those described by the Improvement Plans; and

WHEREAS, concurrently with the submittal of the Private Improvement Agreement, the Developer has posted security to guarantee completion of the private improvements and payment of laborers and suppliers, including a faithful performance bond in the amount of $513,000 and a labor and material bond in the amount of $513,000; and

WHEREAS, the Developer has paid all fees required by the Conditions for processing of the Final Map; and

WHEREAS, upon the City's review of the Final Map, the Improvement Plans, and the Agreements, the Final Map has been found to conform to the requirements of the Subdivision Map Act (California Government Code Sections 66410, et seq.), and the City's Subdivision Ordinance (Fremont Municipal Code, Title 17), and the Conditions.

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

Section 1. The Final Map is hereby approved, and the City Clerk is authorized and directed to certify this fact on the face of the Final Map.

Section 2. The Improvement Plans are hereby approved.

Section 3. All offers for the dedication of interests in real property to the City identified on the Final Map (whether by fee, easement, right-of-way, or otherwise) are accepted by the City; provided, however, to the extent offers of dedication are for interests in real property on which the Developer is required to construct public improvements, the City's acceptance shall be conditioned upon the City Engineer's acceptance of the public improvements as complete.

Section 4. The City Manager or designee is hereby authorized to execute, on behalf of the City, the agreements entitled “Public Improvement Agreement, Tract 8530” and “Private Improvement Agreement, Tract 8530.”.

Section 5. This action is consistent with the City Council’s previous finding of CEQA exemption pursuant to CEQA Guideline Section 15332 regarding approval of Infill Development Projects. The City Council further finds that the Final Map and Improvement Plans are consistent with the original project description, scope of work, and no further environmental review is required.

* * *

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Attachment: Draft Resolution- Tract-8530 (4659 : TRACT 8530 FINAL MAP) Resolution 2022-XX Page 3 of 3

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution- Tract-8530 (4659 : TRACT 8530 FINAL MAP) Fremont City Council Meeting: 04/04/23 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Debt Financing

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4842) DOC ID: 4842
Updated: 3/28/2023 2:59 PM by Susan Gauthier Page 1

PREPAYMENT OF GENERAL FUND LEASE PAYMENTS AND DEFEASANCE OF SERIES 2017B LEASE REVENUE BONDS - Consider Proposed Prepayment by the City of Fremont of General Fund Lease Payments and Defeasance of Fremont Public Financing Authority Lease Revenue Bonds, Series 2017B, and Related Appropriation Actions
Contact Persons:

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

Note: A companion item appears on tonight’s Public Financing Authority agenda.

Executive Summary: In August 2017, the City of Fremont (the “City”) caused the Fremont Public Financing Authority (the “Authority”) to issue Lease Revenue Bonds, Series 2017B (2017 Fixed Rate Refinancing Project) (the “2017 Bonds”) to refinance an outstanding general fund lease payment obligation.

The 2017 Bonds are payable from lease payments (the “2017 Lease Payments”) made to the Authority by the City under a Lease Agreement (the “2017 Lease Agreement”). The City pays the 2017 Lease Payments from the General Fund.

The 2017 Bonds will become eligible for optional redemption (i.e., prepayment) on October 1, 2027. However, it is possible to immediately appropriate a portion of the unreserved fund balance in the General Fund to establish an escrow to defease the bonds and lock in debt service savings.

Staff recommends that the City Council approve the proposed prepayment of the 2017 Lease Payments, defeasance and redemption of the 2017 Bonds, and appropriate $17,350,000 in the General Fund for this purpose.

The recommended prepayment and defeasance is projected to result in annual General Fund debt service savings of approximately $1,355,000 and avoided interest payments of approximately $2,572,000.

BACKGROUND: In August 2017, the City caused the Authority to issue the 2017 Bonds.

The 2017 Bonds refinanced an outstanding general fund lease financing that had financed certain public safety buildings and equipment and the Fremont Main Library.

The 2017 Bonds are payable from the 2017 Lease Payments made by the City to the Authority under the 2017 Lease Agreement. The leased property under the 2017 Lease Agreement consists of four City fire stations (the “2017 Leased Property”), and the City pays the 2017 Lease Payments from its General Fund.

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Council Staff Report (ID # 4842) Meeting of April 4, 2023 Updated: 3/28/2023 2:59 PM by Susan Gauthier Page 2
The principal amount of the outstanding 2017 Bonds is $16,585,000. The outstanding 2017 Bonds bear interest at fixed rates ranging from 3% to 5% and have a final maturity date of October 1, 2038. To service the outstanding 2017 Bonds, the General Fund is scheduled to pay annual 2017 Lease Payments (including principal and interest components) of approximately $1,355,000 through the final maturity date of the 2017 Bonds.

DISCUSSION/ANALYSIS: Through a combination of projected unbudgeted revenues and higher than anticipated expenditure savings, the City has the opportunity to pay off a portion of its General Fund debt.

Although the 2017 Bonds do not become eligible for optional redemption until October 1, 2027 (which means the Authority will not actually pay off the 2017 Bonds in full until October 1, 2027), it is possible to “defease” the 2017 Bonds now.

Defeasance: To defease the 2017 Bonds, the City will prepay the 2017 Lease Payments from unreserved fund balance in the General Fund. The prepaid 2017 Lease Payments will be deposited into an irrevocable escrow account to be held by the trustee for the 2017 Bonds, The Bank of New York Mellon Trust Company, N.A. (“BNY”). BNY will use the prepaid 2017 Lease Payments to purchase U.S. government securities and will hold a small amount uninvested in cash. The principal amounts, interest rates, and maturity dates of the escrowed securities will be structured to produce a stream of revenue that exactly matches the scheduled debt service payments to the bondholders through October 1, 2027, and the amount required to redeem (or prepay) the remaining principal of the 2017 Bonds on October 1, 2027. These amounts are generally referred to as the “escrow requirement”.

A certified accounting firm, referred to as a “verification agent,” will provide a written report to the City and BNY that the escrow has been structured to satisfy the escrow requirement.

The defeasance transaction will be documented pursuant to an Escrow Deposit and Trust Agreement (the “Escrow Agreement”) among the City, the Authority, and BNY, a form of which is on file with the City Clerk.

Benefits of Defeasing the 2017 Bonds: There are two primary benefits to the City of defeasing the 2017 Bonds:

1. By investing moneys in the escrow account in federal securities and prepaying the remaining principal amount of the 2017 Bonds on October 1, 2027, the City will achieve annual General Fund debt service savings of approximately $1,355,000.

Additionally, because no principal will remain outstanding beyond the prepayment date, the City will avoid paying $2,572,000 of interest that otherwise would have accrued.

2. As a result of establishing the defeasance escrow, the City will be able to “release” the 2017 Leased Property from the 2017 Lease Agreement, which means those assets will be available for future City general fund lease financings, if needed.

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Council Staff Report (ID # 4842) Meeting of April 4, 2023 Updated: 3/28/2023 2:59 PM by Susan Gauthier Page 3
Sources and Uses of Funds: The following table, using the latest scenario provided by the City’s municipal advisor, shows the estimated sources and uses of funds for defeasing the 2017B Bonds:

Sources of Funds
General Fund $17,350,000
Total Sources $17,350,000

Uses of Funds
Defeasance Escrow Deposit (estimate) $17,255,214
Contingency 67,736
Costs of Defeasance 27,050
Total Uses $17,350,000

Compliance with the City’s Debt Management Policy: The proposed defeasance is consistent with the City’s Debt Management Policy, which calls for long-term financial planning, maintaining appropriate reserve levels, and employing prudent practices in governance, management and budget administration.

FISCAL IMPACT: Staff recommends that the City Council appropriate $17,350,000 of unreserved fund balance in the General Fund to establish the defeasance escrow and pay the costs of defeasing the 2017 Bonds.

The estimated costs of defeasing the 2017B Lease Revenue Bonds are as follows:

Jones Hall, Bond Counsel $10,000
Public Resources Advisory Group, Municipal Advisor 15,000 Robert Thomas, CPA, Verification Agent 1,000
BNY Mellon, Escrow Agent 750
Stewart Title Company 300
Estimated Total Costs of Defeasance $27,050

The recommended lease prepayment and defeasance is projected to result in annual debt service savings to the General Fund of approximately $1,355,000 through the final maturity of the 2017B Bonds in FY 2038/39.

ENVIRONMENTAL REVIEW: The recommended action is a financial transaction and is “not a project” as defined by CEQA and is exempt from CEQA review under Section 15378(b)(2) and (b)(5).

ATTACHMENTS:
• Draft Escrow Agreement - FPFA 2017B LRB Defeasance
• Draft Resolution Approving Payment of Outstanding Lease Payment Obligation and the Defeance

RECOMMENDATIONS:

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Council Staff Report (ID # 4842) Meeting of April 4, 2023 Updated: 3/28/2023 2:59 PM by Susan Gauthier Page 4

1. Find that the recommended action is a financial transaction and is “not a project” as defined by CEQA and is exempt from CEQA review under Section 15378(b)(2) and (b)(5).

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ESCROW DEPOSIT AND TRUST AGREEMENT

Relating to

$19,725,000
Initial Principal Amount
Fremont Public Financing Authority
Lease Revenue Bonds, Series 2017B
(2017 Fixed Rate Refinancing Project)

This ESCROW DEPOSIT AND TRUST AGREEMENT (this “Agreement”), dated as of April 1, 2023 , is between the CITY OF FREMONT, a general law city and municipal corporation organized and existing under the laws of the State of California (the “ City”), the FREMONT PUBLIC FINANCING AUTHORITY, a joint exercise of powers authorized organized and existing under the laws of the State of California (the “Authority”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association organized and existing under the laws of the United States of America, acting as escrow agent the “Escrow Agent”) for the captioned bonds (the “2017B Bonds”) and as 2017B Trustee (as defined below).

B A C K G R O U N D :

1. In order to refinance the outstanding City of Fremont Certificates of Participation (2008 Refinancing Project), the City previously caused the Authority to issue the 2017B Bonds pursuant to an Indenture of Trust, dated as of August 1, 2017 (the “2017B Indenture”), between the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the “ 2017B Trustee”).

2. The 2017B Bonds are payable from lease payments (the “2017B Lease Payments”) made to the Authority by the City under a Lease Agreement, dated as of August 1, 2017 (the “2017B Lease Agreement”).

3. The City Council of the City has authorized the use of available general fund moneys to immediately prepay the 2017B Lease Payments in full and, as a result, provide funds to the Authority to establish an i rrevocable escrow with the 2017B Trustee that will be used to pay debt service on the 2017B Bonds through October 1, 2027 and redeem the remaining outstanding 2017B Bonds on October 1, 2027, which is the first available optional redemption date for the 2017B Bonds.

4. The City and the Authority wish to appoint the Escrow Agent for the purpose of establishing an irrevocable escrow fund to be funded, invested, held and administered for the purpose of providing for the payment and redemption in full of the principal and interest and premium (if any) on the outstanding 2017B Bonds, and to provide certain directions to the 2017B Trustee with respect to the 2017B Bonds.

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Attachment: Draft Escrow Agreement - FPFA 2017B LRB Defeasance (4842 : PREPAYMENT OF GENERAL FUND LEASE PAYMENTS AND 2 5. As a result of the deposit and investment of funds in accordance with this Agreement, the 2017B Bonds will be discharged and defeased in accordance with the provisions of Article X of the 2017B Indenture and redeemed in accordance with the provisions of Section 4.01(a) of the 2017B Indenture.

A G R E E M E N T :

In consideration of the premises and the material covenants contained herein, the City, the Authority and The Bank of New York Mellon Trust Company, N.A. , as Escrow Agent and 2017B Trustee, hereby agree as follows:

SECTION 1. Appointment of Escrow Agent; Establishment of Escrow Fund . The City and the Authority hereby appoint the Escrow Agent to act as escrow agent for purposes of administering the funds required to defease , pay and redeem the 2017B Bonds in accordance with the 2017B Indenture. The Escrow Agent is directed to establish an escrow fund (the “ Escrow Fund ”) to be held by the Escrow Agent in trust as an irrevocable escrow securing the payment of the 2017B Bonds as set forth below. All cash and securities in the Escrow Fund are hereby irrevocably pledged as a special fund for the payment of the principal of and interest and premium (if any) with respect to the 2017B Bonds in accordance with the 2017B Indenture.

If at any time the Escrow Agent re ceives actual knowledge that the cash and securities in the Escrow Fund will not be sufficient to make any payment required by Section 4 in respect of the 2017B Bonds, the Escrow Agent shall notify the City of such fact and the City shall immediately cure such deficiency from any source of legally available funds. The Escrow Agent has no liability for any such insufficiency.

SECTION 2. Deposit and Investment of Amounts in Escrow Fund.

(a) Deposit in Escrow Fund. On or before April ___, 2023 (the “Closing Date”), the City will transfer to the Escrow Agent for deposit into the Escrow Fund the amount of $_________________ in immediately available funds.

In addition, the City and the Authority hereby directs the 2017B Trustee to transfer to the Escrow Agent for deposit into the Escrow Fund the amount of $__________, to be derived from moneys related to the 2017B Bonds that are available as a result of the defeasance of the 2017B Bonds.

As a result, the total amount to be deposited in the Escrow Fund is $____________.

(b) Investment of Amounts in the Escrow Fund. The City and the Authority hereby direct the Escrow Agent to use $_______ of the amounts dep osited in the Escrow Fund pursuant to Section 2(a) to acquire in its own name, as Escrow Agent, the non -callable Federal Securities (as defined in the 2017B Indenture) described in Exhibit D attached hereto. The Escrow Agent shall hold the balance ($________) uninvested in cash.

(c) Substitution of Non-Callable Federal Securities . The City and the Authority may at any time direct the Escrow Agent to substitute noncallable Federal Securities for any or all of the Federal Securities then deposited in the Escrow Fund, provided that any

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Attachment: Draft Escrow Agreement - FPFA 2017B LRB Defeasance (4842 : PREPAYMENT OF GENERAL FUND LEASE PAYMENTS AND 3 such direction and substitution shall be accompanied by a certification of an independent certified public accountant or firm of certified public accountants of favorable national reputation experienced in the refunding of obligations of political subdivisions that the Non- callable Federal Securities then to be so deposited in the Escrow Fund, together with interest to be derived therefrom, shall be in an amount at all times at least sufficient to make the payments specified in Section 3 hereof and, further, to be accompanied with an opinion of nationally recognized bond counsel that the substitution will not affect, for Federal income tax purposes, the exemption from Federal income taxes of the interest on the 2017B Bonds. In the event that, following any such substitution of non-callable Federal Securities pursuant to this Section 2(c), there is an amount of moneys or non-callable Federal Securities in excess of an amount sufficient to make the payments required by Section 3 hereof, such excess shall be transferred to the City.

(d) Limited Power of Escrow Agent. Except as herein otherwise expressly provided, the Escrow Agent shall have no power or duty to make substitutions of the Federal Securities, or to sell, transfer or otherwise dispose of the Federal Securities.

(e) Records. The Escrow Agent will keep books of record and account in which complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocations and application of the money and Federal Securities accruing to the Escrow Agent hereunder, and such books shall be available for inspection at reasonable hours and under reasonable conditions with reasonable prior notice by the owners of the 2017B Bonds

SECTION 3. Application of Amounts in Escrow Fund. The Escrow Agent is hereby instructed to withdraw from the Escrow Fund and transfer to the 2017B Trustee an amount required to pay the principal of and interest and redemption premium (if any) on the 2017B Bonds, in accordance with the schedule attached as Exhibit A hereto.

Following the payment and redemption of the 2017B Bonds in full, the Escrow Agent shall transfer any amounts remaining on deposit in the Escrow Fund to the City according to written directions provided by the City.

SECTION 4. Defeasance Notice; Irrevocable Election to Redeem 2017B Bonds; Redemption Notice. On the Closing Date, the Escrow Agent shall post the written notice attached hereto as Exhibit B on the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access.

The Authority has irrevocably elected to redeem the outstanding 2017B Bonds maturing on and after October 1, 2028, on October 1, 2027 , in accordance with the provisions of the 2017B Indenture. On the dates required by the 2017B Indenture, the 2017B Trustee shall distribute a redemption notice in substantially the form attached hereto as Exhibit C in accordance with the 2017B Indenture.

SECTION 5. Compensation to Escrow Agent. The City shall pay the Escrow Agent full compensation for its services under this Agreement, including out-of-pocket costs such as publication costs, redemption expenses, legal fees and other costs and expenses relating hereto and, in addition, all fees, costs and expenses relating to the purchase, substitution or withdrawal of any securities after the date hereof. Under no circumstances shall amounts deposited in or credited to the Escrow Fund be deemed to be available for

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Attachment: Draft Escrow Agreement - FPFA 2017B LRB Defeasance (4842 : PREPAYMENT OF GENERAL FUND LEASE PAYMENTS AND 4 said purposes. The Escrow Agent has no lien upon or right of set off against the cash and securities at any time on deposit in the Escrow Fund.

SECTION 6. Immunities and Liability of Escrow Agent . The Escrow Agent undertakes to perform only such duties as are expressly set forth in this Agreement and no implied duties, covenants or obligations shall be read into this Agreement against the Escrow Agent. The Escrow Agent shall not have any liability hereunder except to the extent of its negligence or willful misconduct. In no event shall the Escrow Agent be liable for any special, indirect or consequential damages. The Escrow Agent shall not be liable for any loss from any investment made by it in accordance with the terms of this Agreement. The Escrow Agent may consult with legal counsel of its own choice and the Escrow Agent shall not be liable for any action taken or not taken by it in good fai th in reliance upon the opinion or advice of such counsel. The Escrow Agent shall not be liable for the recitals or representations contained in this Agreement and shall not be responsible for the validity of this Agreement, the sufficiency of the Escrow Fund or the moneys and securities to pay the principal, interest and redemption premium with respect to the 2017B Bonds.

Whenever in the administration of this Agreement the Escrow Agent deems it necessary or desirable that a matter be proved or established prior to taking or not taking any action, such matter may be deemed to be conclusively proved and established by a certificate of an authorized representative of the City and shall be full protection for any action taken or not taken by the Escrow Agent in good faith reliance thereon.

The Escrow Agent may conclusively rely as to the truth and accuracy of the statements and correctness of any opinions or calculations provided to it in connection with this Agreement and shall be protected in acting, or re fraining from acting, upon any notice, instruction, request, certificate, document, opinion or other writing furnished to the Escrow Agent in connection with this Agreement and believed by the Escrow Agent to be signed by the proper party, and it need not investigate any fact or matter stated therein.

None of the provisions of this Agreement shall require the Escrow Agent to expend or risk its own funds or otherwise to incur any liability, financial or otherwise, in the performance of any of its duties he reunder. The Escrow Agent may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents, attorneys, custodians or nominees appointed with due care.

The Escrow Agent may at any time resign by giving 30 days written notice of resignation to the City. Upon receiving such notice of resignation, the City shall promptly appoint a successor and, upon the acceptance by the successor of such appointment, release the resigning Escrow Agent from its obligations hereunder by written instrument, a copy of which instrument shall be delivered to the resigning Escrow Agent and the successor. If no successor shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor.

Any bank, corporation or association into which the Escrow Agent may be merged or converted or with which it may be consolidated, or any bank, corporation or association resulting from any merger, conversion or consolidation to which the Escrow Agent shall be a party, or any bank, corporation or association succeeding to all or substantially all of the corporate trust business of the Escrow Agent shall be the successor of the Escrow

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Attachment: Draft Escrow Agreement - FPFA 2017B LRB Defeasance (4842 : PREPAYMENT OF GENERAL FUND LEASE PAYMENTS AND 5 Agent hereunder without the execution or filing of any paper with any party hereto or any further act on the part of any of the parties hereto except on the part of any of the parties hereto where an instrument of transfer or assignment is required by law to effect such succession, anything herein to the contrary notwithstanding.

The City shall indemnify, defend and hold harmless the Escrow Agent and its officers, director s, employees, representatives and agents, from and against and reimburse the Escrow Agent for any and all claims, obligations, liabilities, losses, damages, actions, suits, judgments, reasonable costs and expenses (including reasonable attorneys’ and agent s’ fees and expenses) of whatever kind or nature regardless of their merit, demanded, asserted or claimed against the Escrow Agent directly or indirectly relating to, or arising from, claims against the Escrow Agent by reason of its participation in the transactions contemplated hereby except to the extent caused by the Escrow Agent’s negligence or willful misconduct. The provisions of the foregoing sentence shall survive the termination of this Agreement or the earlier resignation or removal of the Escrow Agent.

The Escrow Agent agrees to accept and act upon instructions or directions pursuant to this Agreement sent by unsecured e-mail (provided, that for purposes of this Agreement, an e -mail does not constitute a notice, request or other communication hereunder but rather the portable document format or similar attachment attached to such e-mail shall constitute a notice, request or other communication hereunder ), facsimile transmission or other similar unsecured electronic methods, provided, however, that, the Escrow Agent shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and repla ced whenever a person is to be added or deleted from the listing. If the City elects to give the Escrow Agent e-mail or facsimile instructions (or instructions by a similar electronic method) and the Escrow Agent in its discretion elects to act upon such instructions, the Escrow Agent ’s reasonable understanding of such instructions shall be deemed controlling. The Escrow Agent shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Agent’s reliance upon and com pliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The City agrees to assume all risks arising out of the use of such electronic methods to submit instructions and direction s to the Escrow Agent, including without limitation the risk of the Escrow Agent acting on unauthorized instructions, and the risk of interception and misuse by third parties.

SECTION 7. Termination of Agreement. Upon payment in full of the principal of and interest and redemption premium on the 2017B Bonds and all fees, expense and charges of the Escrow Agent as described above, this Agreement shall terminate and the Escrow Agent shall be discharged from any further obligation or responsibility hereunder.

SECTION 8. Execution in Counterparts . This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

SECTION 9. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

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Attachment: Draft Escrow Agreement - FPFA 2017B LRB Defeasance (4842 : PREPAYMENT OF GENERAL FUND LEASE PAYMENTS AND 6 CITY OF FREMONT

By:

Finance Director

FREMONT PUBLIC FINANCING

AUTHORITY

By:

Executive Director

THE BANK OF NEW YORK MELLON
TRUST COMPANY, N.A., as Escrow
Agent and as 2017B Trustee

By
Authorized Officer

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Attachment: Draft Escrow Agreement - FPFA 2017B LRB Defeasance (4842 : PREPAYMENT OF GENERAL FUND LEASE PAYMENTS AND A-1

EXHIBIT A

ESCROW REQUIREMENTS

Payment
Date
Interest
Payment
Scheduled
Principal
Payment

Redeemed
Principal
Total
Payment

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Attachment: Draft Escrow Agreement - FPFA 2017B LRB Defeasance (4842 : PREPAYMENT OF GENERAL FUND LEASE PAYMENTS AND B-1

EXHIBIT B

FORM OF DEFEASANCE NOTICE

$19,725,000
Initial Principal Amount
Fremont Public Financing Authority
Lease Revenue Bonds, Series 2017B
(2017 Fixed Rate Refinancing Project)

NOTICE IS HEREBY GIVEN, by the Fremont Public Financing Authority (the “Authority”) that, on the date hereof, moneys and investments have been set aside in an Escrow Fund held by The Bank of New York Mellon Trust Company, N.A. , as escrow agent (the “Escrow Agent”), pursuant to an Escrow Deposit and Trust Agreement, dated as of April 1, 2023 (the "Escrow Agreement"), by and among the City of Fremont (the “City”), the Authority and the Escrow Agent, for the purpose of defeasing, paying and redeeming the outstanding captioned bonds (the “2017B Bonds”).

The moneys and investments in the Escrow Fund shall be sufficient to (i) pay principal of and interest due on the 2017B Bonds through October 1, 2027 and (ii) redeem on October 1, 2027, all of the outstanding 2017B Bonds maturing on or after October 1, 2028, at a redemption price equal to the principal amount to be redeemed , without premium.

The outstanding 2017B Bonds consist of the following:

Maturity Date
(October 1)
Initial
Principal Amount Interest Rate
CUSIP
(Base: 357144)
2023 $730,000 5.000% AF1
2024 765,000 5.000 AG9
2025 805,000 5.000 AH7
2026 845,000 5.000 AJ3
2027 890,000 5.000 AK0
2028 935,000 5.000 AL8
2029 985,000 5.000 AM6
2030 1,035,000 5.000 AN4
2031 1,075,000 3.000 AP9
2032 1,110,000 3.000 AQ7
2033 1,145,000 3.000 AR5
2034 1,175,000 3.000 AS3
2035 1,215,000 3.000 AT1
2036 1,250,000 3.125 AU8
2037 1,290,000 3.125 AV6
2038 1,335,000 3.250 AW4

In accordance with the terms of the Indenture of Trust, dated as of August 1, 2017 related to the 2017B Bonds (the “2017B Indenture”) notice of redemption of the captioned Bonds to be redeemed is required to be given by The Bank of New York Mellon Trust Company, N.A., as trustee for the 2017B Bonds (the “2017B Trustee”), on a date not more than 60 days or less than 30 days prior to the date fixed for redemption thereof.

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Attachment: Draft Escrow Agreement - FPFA 2017B LRB Defeasance (4842 : PREPAYMENT OF GENERAL FUND LEASE PAYMENTS AND B-2
The moneys deposited in the Escrow Fund, including the earnings derived from the investment thereof, are irrevocably pledged to the payment of principal or redemption price of and interest on the 2017B Bonds. Said moneys have been invested in certain United States Treasury Bonds State and Local Government Series issued by the United States Treasury (“SLGS”) and which bear interest and mature on such dates as to insure the payment of all principal, premium, as applicable, and interest on the 2017B Bonds.

Pursuant to the Escrow Agreement, the Authority may substitute securities for those initially allocated to the Escrow Fund and withdraw moneys from the Escrow Fund subject to the terms and conditions set forth in the Escrow Agreement.

As a consequence of the foregoing actions and in accordance with the 2017B Indenture, the pledge of the Revenues provided for in the 2017B Indenture and all other obligations of the Authority under the 2017B Indenture have ceased and terminate d, except as otherwise provided in the 2017B Indenture and except for the obligation of the Authority to pay or cause to be paid to the owners of the 2017B Bonds all sums due thereon.

The CUSIP number of the 2017B Bonds has been assigned by an independent service and is included in this notice solely for the convenience of the Owners and neither The Bank of New York Mellon Trust Company, N.A., as trustee for the 2017B Bonds (the “2017B Trustee”), the Authority nor the City of Fremont shall be liable for any inaccuracies in such numbers.

Additional information regarding the foregoing actions may be obtained from the 2017B Trustee, [address to come].

Date: __________, 2023

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Attachment: Draft Escrow Agreement - FPFA 2017B LRB Defeasance (4842 : PREPAYMENT OF GENERAL FUND LEASE PAYMENTS AND C-1

EXHIBIT C

FORM OF REDEMPTION NOTICE

$19,725,000
Initial Principal Amount
Fremont Public Financing Authority
Lease Revenue Bonds, Series 2017B
(2017 Fixed Rate Refinancing Project)

NOTICE IS HEREBY GIVEN, by the Fremont Public Financing Authority (the “Authority”) that all of the captioned bonds maturing on or after October 1, 2028 (the “2017B Bonds”) have been called for redemption under and within the meaning of the Indenture of Tr ust, dated as of August 1, 2017 (the “2017B Indenture”), on October 1, 2027 (the “Redemption Date”), at a redemption price equal to the par amount of the 2017B Bonds to be redeemed together with accrued interest thereon to the redemption date, without premium (the “Redemption Price”).

The 2017B Bonds that are being redeemed on the Redemption Date consist of the following:

Maturity Date
(October 1)
Initial
Principal Amount Interest Rate
CUSIP
(Base: 357144)
2028 $935,000 5.000% AL8
2029 985,000 5.000 AM6
2030 1,035,000 5.000 AN4
2031 1,075,000 3.000 AP9
2032 1,110,000 3.000 AQ7
2033 1,145,000 3.000 AR5
2034 1,175,000 3.000 AS3
2035 1,215,000 3.000 AT1
2036 1,250,000 3.125 AU8
2037 1,290,000 3.125 AV6
2038 1,335,000 3.250 AW4

Payment of the Redemption Price of the 2017B Bonds will become due and payable on the Redemption Date upon presentation and surrender thereof in the following manner:

Interest on the principal amount designated to be prepaid shall cease to accrue on and after the Redemption Date.

IMPORTANT NOTICE

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Attachment: Draft Escrow Agreement - FPFA 2017B LRB Defeasance (4842 : PREPAYMENT OF GENERAL FUND LEASE PAYMENTS AND C-2

Federal law requires the 2017B Trustee to withhold taxes at the applicable rate from the payment if an IRS Form W-9 or applicable IRS Form W-8 is not provided. Please visit www.irs.gov for additional information on the tax forms and instructions.

Dated: _____, 2027

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Attachment: Draft Escrow Agreement - FPFA 2017B LRB Defeasance (4842 : PREPAYMENT OF GENERAL FUND LEASE PAYMENTS AND D-1

EXHIBIT D

DESCRIPTION OF NON-CALLABLE FEDERAL SECURITIES

Type
Maturity
Date
Par
Amount

Rate

Cost

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Attachment: Draft Escrow Agreement - FPFA 2017B LRB Defeasance (4842 : PREPAYMENT OF GENERAL FUND LEASE PAYMENTS AND Resolution 2023-XX Page 1 of 3
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING THE PREPAYMENT IN FULL OF AN OUTSTANDING

LEASE PAYMENT OBLIGATION AND THE DEFEASANCE, PAYMENT

AND REDEMPTION OF THE OUTSTANDING FREMONT PUBLIC
FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2017B
(2017 FIXED RATE REFINANCING PROJECT), APPROPRIATING THE

NECESSARY FUNDS, AND APPROVING AND AUTHORIZING RELATED

DOCUMENTS AND ACTIONS

WHEREAS, in order to refinance the outstanding City of Fremont Certificates of Participation (2008 Refinancing Project), the City of Fremont (the “City”) previously caused the Fremont Public Financing Authority (the “Authority”) to issue its $19,725,000 initial principal amount Fremont Public Financing Authority Lease Revenue Bonds, Series 2017B (2017 Fixed Rate Refinancing Project) (the “2017B Bonds”) pursuant to an Indenture of Trust, dated as of August 1, 2017 (the “2017B Indenture”), between the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the “2017B Trustee”); and

WHEREAS, the 2017B Bonds are payable from lease payments (the “2017B Lease Payments”) made to the Authority by the City under a Lease Agreement, dated as of August 1, 2017 (the “2017B Lease Agreement”); and

WHEREAS, City staff recommends that the City use available general fund moneys to immediately prepay the 2017B Lease Payments in full and provide funds to the Authority to establish an irrevocable escrow with the 2017B Trustee that will be used to pay debt service on the 2017B Bonds through October 1, 2027 and redeem the remaining outstanding 2017B Bonds on October 1, 2027, which is the first available optional redemption date for the 2017B Bonds; and

WHEREAS, the City Council has determined that the proposed prepayment of the 2017B Lease Payments and the related defeasance, payment and prepayment of the 2017B Bonds is in the best interests of the City, and wishes to approve all related documents and actions.

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

SECTION 1. Recitals. The City Council hereby determines that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

SECTION 2. Approval of Prepayment. The City Council hereby approves the proposed prepayment of the 2017B Lease Payments.

SECTION 3. Approval of Escrow Deposit and Trust Agreement. The City Council hereby approves an Escrow Deposit and Trust Agreement (“Escrow Agreement”) by and among the

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Attachment: Draft Resolution Approving Payment of Outstanding Lease Payment Obligation and the Defeance (4842 : PREPAYMENT OF Resolution 2023-XX Page 2 of 3
City, the Authority and the 2017B Trustee, in substantially the form on file with the City Clerk together with any changes therein or additions thereto deemed advisable by the City Manager or the Finance Director (each, an “Authorized Officer”), subject to approval as to form by the City Attorney; execution of the Escrow Agreement by an Authorized Officer shall be conclusive evidence of the approval of any such changes or additions. An Authorized Officer is hereby authorized and directed for and on behalf of the City to execute the final form of the Escrow Agreement.

SECTION 4. Approval of Professional Services. The City Council hereby appoints the firm of Jones Hall, A Professional Law Corporation, to provide specialized legal services to the City in connection with the proposed transaction, and authorizes the City Attorney to sign an agreement with such firm. The City Council hereby authorizes the Finance Director to select a certified public accounting firm to provide verification services to the City in connection with the proposed transaction, and authorizes the Finance Director to sign an agreement with such firm, if applicable.

SECTION 5. Official Actions. The City Council hereby authorizes and directs the Mayor, the Finance Director, the City Attorney, the City Clerk, the Authorized Officers, and all other officers of the City, on behalf of the City, to execute and deliver any and all documents (including but not limited to an agreement between the City and the Authority memorializing the prepayment of the 2017B Lease Payments and the defeasance of the 2017B Bonds for purposes of clearing title to the assets leased under the 2017B Lease Agreement) and to take any and all actions, which they or any of them deem necessary or appropriate in order to consummate any of the transactions contemplated by this Resolution. Whenever in this Resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer is absent or unavailable.

SECTION 6. Effective Date. This Resolution shall take effect immediately upon its passage and adoption.

ADOPTED ________, 2023, by the City Council of the City of Fremont at a regular meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

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Attachment: Draft Resolution Approving Payment of Outstanding Lease Payment Obligation and the Defeance (4842 : PREPAYMENT OF Resolution 2023-XX Page 3 of 3

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution Approving Payment of Outstanding Lease Payment Obligation and the Defeance (4842 : PREPAYMENT OF Fremont City Council Meeting: 04/04/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Manager's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4854) DOC ID: 4854
Updated: 3/28/2023 2:51 PM by Susan Gauthier Page 1
FEBRUARY 2023 CITY COUNCIL RETREAT - Acceptance of the 2023 City Council Retreat Report and Identified Council Priorities
Contact Persons:

Name: Candice Rankin Mumby Christina Briggs
Title: Management Analyst II Assistant City Manager
Div/Dept: City Manager's Office City Manager's Office
Phone: 510-284-4027 510-284-4022
E-Mail: [email protected] [email protected]

Executive Summary: On February 28, 2023 a City Council Retreat was held at the Downtown Event Center in Fremont. The retreat provided an opportunity for Councilmembers to set priorities for the coming fiscal year, review trends in local government, and discuss norms and protocols for working together as a body. A report has been produced summarizing the topics covered and outcomes of the 2023 City Council Retreat.

DISCUSSION/ANALYSIS: In preparation for the retreat, Councilmembers and staff discussed a wide variety of priorities with the facilitators during pre-retreat interviews that will continue to be addressed by staff. The retreat participants also reviewed the 2022 Year End City Council Priority Progress Report which summarizes both completed and ongoing activities in support of the 2022 Council Priorities. Of all the priorities discussed at the retreat, the City Council selected its three top for staff to focus on through a dot voting exercise. The top priorities identified were 1) continue to address homelessness, 2) enhance public safety, and 3) increase the vitality of commercial corridors. Additionally, Council reaffirmed a foundational principal they established at the 2022 City Council Retreat of ensuring the financial heath and sustainability of the City of Fremont. The Council’s priorities will be incorporated into the upcoming budget process and staff work plan.

Additionally, the Council reviewed and discussed the norms and protocols for working together as a body, which are articulated in the Council Handbook. Norms are the overarching guiding principles for the Council’s work together, while protocols pertain to procedures concerning specific issues. The Council reaffirmed its existing norms and agreed to follow adopted protocols, making minor clarifications to two of them – one concerning reports on committee assignments and another regarding notice of events with foreign dignitaries. Upon approval of the City Council Retreat Report, the Council Handbook will be updated to reflect these updates.

ATTACHMENTS:
• 2022 Year End Council Priority Report
• Fremont_CouncilRetreat2023_Report

RECOMMENDATION: Accept the February 2023 City Council Retreat Report.

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Mayor and City Councilmembers,
In August 2022, City staff compiled a Mid-Year City Council Priority Progress Report to update you on the progress the City has made in priority areas set at the 2022 City Council Retreat. You decided to set a foundational principle of ensuring the financial health and sustainability of the City of Fremont, with three additional priorities for 2022: continue to innovate and find solutions to address homelessness in Fremont; enhance public safety; and increase the vitality of commercial corridors. Since then, I have led City staff in focusing our efforts on addressing these priorities. I am pleased to present you with this report, which provides an overview of accomplishments throughout all of 2022. The report is a follow-up to the Mid-Year Report, providing updates on items described then, along with additional accomplishments from the second half of the year. You will note that staff have continued to work hard toward these priority areas and have set the foundation for long-term improvement while also making short-term progress.

As we close out the year, I want to thank you for your leadership and let you know how much I look forward to continuing our work together in the new year. I wish you and the entire Fremont community a safe and happy holiday season.

Sincerely,
Karena Shackelford
City Manager

YEAR END

CITY COUNCIL PRIORITY

PROGRESS REPORT
December 2022

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Attachment: 2022 Year End Council Priority Report (4854 : February 2023 City Council Retreat) Used $21.8 million of one-time sales tax revenue as “seed money” for next Capital Improvement Program (CIP) process, which addresses a small portion of the City’s almost $1 billion backlog of maintenance/capital replacement and future capital needs.

Used $10.7 million of one-time revenues/savings to increase the amount available for allocation as part of the next CIP process.

Applied $10 million of one-time revenues/savings to reduce unfunded retiree healthcare liability—resulting in $1 million annual expenditure savings beginning 2023/24.

Applied $2.5 million of one-time revenues/savings to increase the General Fund Budget Uncertainty Reserve to address increased economic uncertainty.

Facilitating multiple Fremont business expansions (including Tesla, Bloom Energy, Western Digital, and many others) that will ultimately result in increased tax revenues.

Attracted new technology companies to Fremont including Applied Materials, Alexza Pharmaceuticals, and Personalis.

Accelerating reinvestment in City's major employment areas by advancing over a dozen commercial development projects, including completion of a General Plan Amendment and rezoning of a 24-acre commercial site (formerly The Globe Mall) to industrial uses.

Developing a new asset maintenance and management platform to meet near and future business needs of the City’s maintenance operation, which will lead to system improvements in budget reporting and meeting service demands.

FINANCIAL HEALTH

AND SUSTAINABILITY
2City of Fremont | Year End Progress Report | December 2022

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Attachment: 2022 Year End Council Priority Report (4854 : February 2023 City Council Retreat) Achieving a balanced mix of City staff and vetted contractors to meet ongoing park maintenance service needs while managing budget resources and supporting service capacity.

Developed a strategic plan with the Recreation Commission to address a $9 million shortfall in revenues while maintaining progress on Parks and Recreation Master Plan priority park projects.

Expanded the Police Department’s capacity to focus on fiscal sustainability with addition of Deputy Police Chief.

Negotiated and implemented competitive three-year successor Memorandums of Understanding (MOUs) in partnership with the City’s nine employee labor unions, which is expected to result in workforce stability and labor cost controls to help guide future financial planning.

FINANCIAL HEALTH

AND SUSTAINABILITY
3 (continued)
City of Fremont | Year End Progress Report | December 2022

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Attachment: 2022 Year End Council Priority Report (4854 : February 2023 City Council Retreat) Celebrated the grand opening of City Center Apartments, a 60-unit City- funded supportive affordable housing project serving unhoused individuals.

Broke ground on Fremont Family Apartments, a 60-unit City-funded supportive affordable housing project including units serving the unhoused.

Nearing completion of two additional City-funded affordable housing projects that include units targeted to homeless individuals and families (Doug Ford Senior Apartments and Granite Ridge Apartments); and four additional projects have started or are about to start construction (Osgood South, Osgood North, Fremont Family Apartments, and Bell Street Gardens). Together, these projects will provide 556 affordable units, including 176 units serving extremely low- income tenants.

Applied to Round 2 of the State’s HomeKey program for approximately $40 million in grant funding to convert the Motel 6 on Research Avenue to 156 units of permanent and supportive affordable housing. While the project was not selected, staff is monitoring the State’s expected announcement of HomeKey Round 3 in spring 2023 with the intent to re-apply for funding.

Opened the Winter Relief program in partnership with local hotels at the beginning of December 2022 and will serve vulnerable unhoused residents at least through April 2023. A $20,000 donation from Cargill is funding meals for this program.

Added a second Crisis Intervention Specialist and a half-time Clinical Supervisor to the Mobile Evaluation Team (MET).

Filled vacancy for a Case Manager dedicated to supporting unhoused residents.

RESPONSE TO

HOMELESSNESS
4City of Fremont | Year End Progress Report | December 2022

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Attachment: 2022 Year End Council Priority Report (4854 : February 2023 City Council Retreat) Added an Assistant to the City Manager position to assist with the development, management, and implementation of Citywide goals, objectives, policies, and procedures, including homelessness.

Implementing a Police Department staffing stabilization plan that will allow the Crime Reduction Unit (previously known as the Street Crimes Unit) to work with MET and assist with prioritized homeless related community concerns beginning in January 2023.

Developing a centralized data inventory system and dashboard on homelessness through the Bloomberg Harvard City Leadership Initiative. The inventory includes Police and Fire calls for service, encampment information, debris figures, and other information.

Collaborated with other cities in Alameda County to develop the Home Together Plan to reduce homelessness in the region.

Organized and conducted the Alameda County Point in Time Count of the unhoused population in Fremont, with the help of many City staff members and volunteers.

Drafted a Request for Proposals (RFP) for consultant support in preparing a Citywide Homeless Response Strategic Plan. Staff anticipates that the plan will be completed in 2023.

Launched Safe Parking program in partnership with faith-based organizations for residents living in their vehicles.

Developed a video for the Safe Parking program to help promote the recruitment of more volunteers and additional faith-based site participation. All four churches currently participating have committed to participate in 2023, with a fifth church in the process of obtaining a permit. To date, 31 residents have been served through this program. 5 (continued)

RESPONSE TO

HOMELESSNESS
City of Fremont | Year End Progress Report | December 2022

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Attachment: 2022 Year End Council Priority Report (4854 : February 2023 City Council Retreat) Established a Vehicle Maintenance and Repair Fund to keep Safe Parking participant vehicles operational and in compliance with program requirements.

To date, over $28,000 has been secured.

Expanded capacity at the Housing Navigation Center from 25 to 30 beds and will continue to increase capacity as pandemic conditions allow. Over the first two years, the Navigation Center has served 83 individuals and transitioned

79.5% of clients into permanent housing or community programs with more appropriate levels of care.

Secured $1 million for additional Housing Navigation Center funding from Congressman Ro Khanna ($500,000) and Assembly member Alex Lee ($500,000).

Implemented weekly drop-in Housing Resource Center hours at the Family Resource Center (FRC), where homeless community members can receive housing problem solving support, crisis housing assessments, and permanent housing assessments.

Expanded CleanStart mobile hygiene program services to an additional site in Union City with funding from the City of Union City.

Increased the encampment abatement contract to include weekly site assessments, 2 to 3 cleanup days per week, and enhanced cleanups at high impact sites every 4 to 6 weeks. Enhanced cleanups typically include Police Department and MET intervention, vehicle towing, burned vehicle and illegal structure dismantling, and large quantities of debris removal.

Completed several enhanced cleanups, including Central Park/Library, Vallejo Mills Park, Washington underpass, Albrae Street, and Kato Road. Work is currently underway on Christy Street.

Weekly inspection/abatement of CABS block (Christy, Albrae, Boscell, and Stewart), which has a large RV homeless population.
6 (continued)

RESPONSE TO

HOMELESSNESS
City of Fremont | Year End Progress Report | December 2022

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Attachment: 2022 Year End Council Priority Report (4854 : February 2023 City Council Retreat) Increased frequency of inspection and tagging of encampments to weekly and incorporated monitoring of 19 RV/vehicle habitation sites into assessment schedule.

Encampment debris removal required 5,200 contractor hours to remove approximately 470 tons of debris over the course of the year.

Created a multi-disciplinary team with Human Services, Police, and Economic Development that regularly meets with business owners and commercial property owners to discuss challenges related to homeless activities and provide resources and assistance to mitigate impacts.

Produced an information sheet to provide the community with safety statistics, articulate the need for shelter, and provide perspective on the complexity of homelessness.
7 (continued)

RESPONSE TO

HOMELESSNESS
City of Fremont | Year End Progress Report | December 2022

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Attachment: 2022 Year End Council Priority Report (4854 : February 2023 City Council Retreat) Created new detective position utilizing an existing staff position in response to the uptick of organized retail crime. The new Organized Retail Crime Detective will work closely with Fremont's business community and the Chamber of Commerce as a liaison.

Established new Downtown Liaison position within Police Department to serve as single point of contact for security concerns and issues for Downtown businesses.

Increased Police Department staffing by two Police Officers, one Property Officer, and one Animal Services Supervisor in the FY 2022-23 budget.

Negotiated Letters of Agreement with Teamsters Local 856 and the Fremont Police Association related to implementation of temporary hiring and referral bonus programs to accelerate recruitment of Police Dispatcher and Police Officer candidates.

Launched a new data-based resource staffing model in July 2022 to enhance efficiency and effectiveness of patrol officers during times of high service call volume and when serious crimes occur.

Implemented a new staffing stabilization plan that enables the Traffic Unit to resume full-time focused traffic related deployments, which helps to address property crimes.

Supporting the Police Department's Real Time Information Center, which allows follow up in “real time” on crimes utilizing information and a network of cameras strategically placed throughout the community.

Adjusted the Police Department's policy regarding blocking dangerous vehicles with police cars to enhance the department's ability to protect the community from persons operating vehicles that pose a safety risk.

PUBLIC SAFETY
8City of Fremont | Year End Progress Report | December 2022

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Attachment: 2022 Year End Council Priority Report (4854 : February 2023 City Council Retreat) Created and implemented the Street Racing and Side Show Ordinance, which prohibits the promotion of and attendance at these events.

Purchased and deployed pursuit alternative technology using funding from a Citizens Option for Public Safety (COPS) grant. The technology launches a GPS projectile towards a suspect vehicle, which attaches a magnet encased in a thick flexible material. The technology is intended to enhance stolen vehicle recovery, reduce pursuits, and increase the rate of suspect apprehension.

Developed a pilot program to determine if unmanned aerial vehicles (UAV) would be effective when deployed from a fixed location when an emergency call for service is received.

Responded to the 2022 Extreme Heat Event state of emergency by activating cooling centers and launching a Hot Weather Safety webpage. The City recorded 115 visits to cooling centers during this period, not including visits to the cooling center at Fremont Main Library.

Studying the feasibility of moving the primary Emergency Operations Center (EOC) to City Hall for efficiency and out of an area of possible seismic activity.

Added a new Emergency Services Coordinator position to enhance readiness of the EOC and further develop the City’s preparedness to respond to complex, large-scale incidents.

Conducted additional Special Operations Task Force training on hazardous materials and rescue systems for the Fire Department.

Conducted baseline medical exams for all fire suppression personnel and scheduled annual medical exams with Federal Emergency Management Agency (FEMA) grant funding.
9 PUBLIC SAFETY(continued)
City of Fremont | Year End Progress Report | December 2022

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Attachment: 2022 Year End Council Priority Report (4854 : February 2023 City Council Retreat) Awarded $663,623 in grant funding from FEMA to train current Fremont Fire personnel in paramedic training.

Recruited a probationary class of 10 new lateral Firefighters through an academically and physically rigorous accelerated academy.

Added the 14th response company to the Fire Department with nine new fire suppression positions to respond to Fremont's population growth.

Purchased a third front line fire truck with Development Impact Fees to enhance response capabilities.

Provided support for Washington Hospital to become a Level 2 Trauma Center, which was approved in June 2022.

Constructing the Fremont Blvd. Signal Modernization Project, which will improve response times for public safety vehicles. Studied the effectiveness of the traffic light pre-emption system on 37 signals along Fremont Blvd.

Expanded public safety related messaging by sharing on Citywide communication channels and developed a more robust messaging campaign regarding firework safety for the Fourth of July holiday.

Executed a multi-year agreement for 25 playground sites to be resurfaced for maintenance and safety.

Collaborating with Alameda County Water District, Alameda County Flood Control, and East Bay Regional Park District to develop a more robust water quality and testing program for Lake Elizabeth at Central Park. The resulting plan includes a public notification system and signage, an annual detailed water sampling, and an ongoing water testing program.

Hosted a Disability Resource Festival at the Downtown Event Center to help build positive relationships between first responders and persons with disabilities. 10 PUBLIC SAFETY(continued)
City of Fremont | Year End Progress Report | December 2022

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Attachment: 2022 Year End Council Priority Report (4854 : February 2023 City Council Retreat) Established new Outdoor Commercial Patio Ordinance, providing businesses with a streamlined and low-cost process to permit their outdoor commercial spaces.

Added a new Plan Check management position to expedite and add efficiencies to the development review process.

Established a Small Business Assistance Work Program within Economic Development.

Partnered with Better Block Foundation on major Mission San Jose activation event to serve as a template for future placemaking efforts in neighborhood business districts. Over several months, 134 community members volunteered to organize and put together the event. 12 community performers and 48 small local businesses participated with over 1,750 people in attendance. The event resulted in an estimated $30,000 in direct economic impact.

Enhanced the placement of small business resources and programming on ThinkSiliconValley.com and the Economic Development section of the new Fremont.gov.

Launched a new Gift Fremont community gift card campaign and partnered with corporate sponsors to extend matching funds to incentivize community members to participate.

Commissioned a feasibility study for a Property-Based Improvement District in Downtown Fremont to provide dedicated funding for enhanced services that can be used as a model for other Districts if successful.

Commissioned professional photography services to profile 15 family-owned small businesses across each of the Districts to enhance marketing of commercial areas. Photos were also used to develop "shop local" campaign for Small Business Saturday.

COMMERCIAL CORRIDOR

VITALITY
11City of Fremont | Year End Progress Report | December 2022

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Attachment: 2022 Year End Council Priority Report (4854 : February 2023 City Council Retreat) Garnered the support of Congressman Ro Khanna for the City’s $1.5 million request to expand wi-fi access in Fremont’s commercial districts. Hosted the Congressman for a visit of small businesses in Irvington and Downtown.

Worked with project applicants on several Downtown development projects, ranging from those under construction to those in the planning stages, that will continue to transform the Downtown and the Capitol Ave. corridor.

Welcomed seven new businesses to Downtown and assisted business owners as they prepare to open their businesses.

Partnered with Main Street America to feature growth and development of Downtown Fremont in its publications.

Hosted approximate 180 events during the first year of operation of the Downtown Event Center and Plaza (DTEC) with a steady increase in rentals, events, and gatherings.

Local businesses and educational entities hosted events at DTEC such as Little Apples, Keller Williams, Brown and Toland, Dales, medical groups, Niles Canyon Post Acute, Salem Media Group, Pan Pacific Mechanical, Fremont Unified School District, Fremont Education Foundation, and other realtors; as well as book signings and a book launch by Banter Books.

Activated maintenance service contracts for three Warm Springs properties.

Businesses and residents will experience a clean environment that supports the overall vitality of the area.

Hosted Fremont Innovation District Celebration, which was attended by more than 400 community members who joined to recognize the opening of the West Access Bridge, BART station, and Warm Springs Plaza.

Police Department was invited to participate in the Chamber of Commerce Retail Council program.
12 COMMERCIAL CORRIDOR
VITALITY(continued)
City of Fremont | Year End Progress Report | December 2022

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Attachment: 2022 Year End Council Priority Report (4854 : February 2023 City Council Retreat) Advised multiple businesses on addressing crime issues and quality of life concerns. The Police Department’s Crime Reduction Unit (CRU) will assist with ongoing efforts to solve crime related issues impacting businesses.

Held the California Nursery Historical Park Grand Reopening Ribbon Cutting and Celebration with approximately 800 attendees. The first phase of the California Nursery Historical Park Master Plan implementation is complete and will attract additional visitors to the Niles community and local businesses.

Continued final design of the Centerville Complete Streets Project, which starts construction in fall 2023.

Implementing new pedestrian flashing beacons in Mission San Jose at the Ohlone College frontage, with completion by early 2023, and in Irvington along Fremont Blvd, with completion in 2024.

Continued design and preparation for the Grimmer Greenway Trail connection from Central Park to Fremont Blvd., with intersection improvements at Fremont Blvd./Grimmer Blvd. and Fremont Blvd./Eugene St.

Construction starts in 2023.
13City of Fremont | Year End Progress Report | December 2022

COMMERCIAL CORRIDOR
VITALITY(continued)

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March 2023

City of Fremont
City Council Retreat
Held February 28, 2023

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Table of Contents
Retreat Report ................................ ................................ ................................ ................................ ...1 Executive Summary .............................................................................................................................. 1 Retreat Overview ................................................................................................................................. 4 Welcome and Opening Comments ...................................................................................................... 6 Icebreaker ............................................................................................................................................ 7 Themes from Council Interviews ......................................................................................................... 7 Refresher on Good Governance .......................................................................................................... 8 Council Norms and Protocols ............................................................................................................. 12 Setting the Context for Priority Setting ............................................................................................. 14 Developing Consensus on Priorities .................................................................................................. 15 Staying on Course with Priorities ....................................................................................................... 16 Wrap-up and Next Steps .................................................................................................................... 17

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1 Retreat Report
Fremont held a City Council retreat on Tuesday, February 28, 2023 from 9:00 a.m. to 3:00 p.m. at the Downtown Event Center. The retreat provided an opportunity for Councilmembers to discuss teamwork and norms for working together and set priorities for the coming fiscal year. This report contains a summary of the results of the retreat.

Jan Perkins and Magda Gonzalez with Baker Tilly facilitated the retreat.

Executive Summary
The Council agreements that were reached during the retreat are provided below.

Priorities: The Council consensus was to continue with the same three priorities established in February 2022. Those are:
▪ Focus on public safety
▪ Continue to address homelessness
▪ Foster the viability of commercial corridors
Council Norms: The Council agreed to take the following steps.

1. Ask questions by noon the Monday prior to Council meetings.

Councilmembers understand the importance of getting their questions to staff in advance of Council meetings to provide for orderly meetings, be respectful of their colleagues’ time, and allow staff to properly prepare and then present answers in an efficient and thorough manner. This is consistent with the “no surprises” rule and shows respect for the City’s professional staff.

As a result of this discussion, Councilmembers agreed to provide staff with their questions by noon on Monday. This would be the case for the majority of questions. It does not preclude them asking questions at the

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2 Council meeting even if they have asked staff in advance (when asking the question in the public setting will be helpful to the public). It was also understood that when a Councilmember knows they have a last-minute question, they give the City Manager a heads-up so staff can be prepared at the meeting. This also respects the “no surprises” rule. The City Manager encouraged Councilmembers to contact her if they would like more background information on any particular agenda item.

2. Employ techniques to resolve differences and to respect the team. To resolve differences and respect the team, the Council agreed to employ the following practices:
▪ Address problems/issues one-on-one with colleagues.
▪ When one-on-one engagement is not acceptable to one party, then the Councilmembers will engage a mediator to help them address the problems between themselves.
▪ Councilmembers will not speak ill of their Council colleagues to others, as it is understood that doing so reflects poorly on the entire Council and is counterproductive to the team.

Note: During the Council discussion when a poll of the Council was taken on item 2, six of the seven indicated their agreement, with Councilmember Cox dissenting. After the workshop was concluded, Councilmember Cox informed the facilitators that she had changed her position and would support the process outlined.

3. Limit Council referrals. To focus staff time on adopted Council priorities and critical City services, Council agreed to limit their referrals. The City Manager will apply best practices for new initiatives in providing advice to Council (see below). Further agreements include the following:
▪ The referral should clearly and concisely state the purpose and the public interest to be advanced by the referral.
▪ The referral will contain factual statements, which City staff can confirm or correct as needed. The City Manager and City Attorney can help with historical information.
▪ The City Manager and City Attorney will be utilized for advice on proposed referrals.
▪ Referrals should not be brought forth on items that have previously been the subject of a referral and have been addressed.

4. Limit proclamations and recognitions. The existing policy will remain in effect. Additionally, Councilmembers agreed to limit proclamations and recognitions, understanding that it takes time away from adopted Council priorities and staff’s ability to provide core City services.

5. Follow Council norms. The Councilmembers reaffirmed the existing norms articulated in the City Council Handbook. The norms highlighted were:
▪ Be mindful of how Councilmember conduct can promote or hamper teamwork of governing. (Norm 2)

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3 ▪ Councilmembers will listen to one another, communicate respectfully with each other and seek to understand each other. (Norm 4)
▪ Maintain confidentiality of confidential matters. (Norm 8)

6. Follow adopted protocols with modifications. The Council agreed to follow the adopted protocols, with two modifications, as described below. The complete new language is shown, following the norms, in a subsequent section of this report.

▪ Protocol three pertains to Councilmembers reporting on their committee assignments. This was expanded to request that as a courtesy, when a Councilmember attends a regional or other meeting as a City representative, they inform their Council colleagues and the City Manager.
▪ Protocol five pertaining to visits from foreign dignitaries: When Councilmembers plan to attend an event with or plan to meet with foreign dignitaries, they will let their Council colleagues and the City Manager know ahead of time, out of courtesy.

7. Respect the role of the Mayor. The Council discussed the role of the Mayor in several contexts. Key points that need stating included:
▪ The Mayor runs the meeting, calls on members of Council and determines the order of speaking, and enforces procedural items.

There was some discussion about a problem with the button used by Councilmembers to signal their desire to speak. Staff is following up to determine if there is a technical problem or whether additional training is needed for Councilmembers.
▪ The Mayor determines recognitions and proclamations, following the City Council’s established policy.

8. Follow Council meeting rules. Councilmembers agreed not to speak out of order, to take turns, with the Mayor calling on them to speak, as is her role.

Council further agreed to make clear motions with the aim of avoiding modifications to the motion. The goal should be to make a motion that captures the consensus of the Council. Councilmembers also agreed that each person does not need to speak on every item, or to restate what they already have said on an item. They can say they concur with previous speakers and not repeat.

9. Overall commitments agreed to. The Council agreed to the commitments slide which included the following five items:
▪ Carry out our respective roles (each in our own lanes). ▪ Follow our agreed upon norms and protocols.
▪ Contribute to the collective success of the Council, rather than focus on individual interests.
▪ Respect the chain of command and use established processes. ▪ Participate in regular training and professional development.

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4 Follow-up by Staff
It was agreed that staff would follow up on the items listed below. ▪ Consider a more focused public meeting exclusively related to the budget.
▪ Consider how to provide more advanced information related to major agenda items, including discussing at regular Council briefings. ▪ Review technology policy regarding the use of tablets, laptops, and other devices during public meetings and closed sessions. ▪ Implement new process for reviewing Council referrals. ▪ Track past Council referrals.
▪ Determine if the “buttons” in the Council chamber used by Councilmembers to indicate their desire to speak are working properly.

Retreat Overview

Objectives
• Create consensus about teamwork and norms for working together, • Review some current trends, and
• Establish Council priorities for FY 2023-24.

Agenda
• Welcome and call to order by the Mayor
• Public comments
• Comments from the City Manager
• Icebreaker exercise
• Discussion on roles, norms, and protocols
• Lunch break
• Set the context for priority setting
• Discuss and create consensus on Council priorities
• Staying on course with the priorities
• Wrap up and next steps

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5 Participants
Mayor and Council

Mayor
Lily Mei
Vice Mayor
Teresa Keng
Councilmember
Desrie Campbell
Councilmember
Jenny Kassan

Councilmember
Yang Shao
Councilmember
Raj Salwan
Councilmember
Teresa Cox

Executive Staff
• City Manager Karena Shackelford
• City Attorney Rafael Alvarado
• Assistant City Manager Christina Briggs
• Assistant City Manager Brian Stott
• Assistant to the City Manager Allen DeMers
• Director of Communications and Legislative Affairs Geneva Bosques • Human Resources Director Tina Gallegos
• Fire Chief Curtis Jacobson
• Public Works Director Hans Larsen
• Management Analyst Candice Rankin Mumby
• Finance Director Dave Persselin
• Community Development Director Dan Schoenholz
• Human Services Director Suzanne Shenfil
• Information Technology Director Sandy Taylor
• Police Chief Sean Washington
• Community Services Director Suzanne Wolf

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6 Workshop Ground Rules
At the start of the workshop, Jan suggested several ground rules to help the group have a successful workshop. She emphasized the need to assume good intent and work together on behalf of the community of Fremont. Jan also suggested that they leave the retreat better than when they came in.

• Listen with intent to understand, not to
respond
• Seek consensus
• Assume good intent
• Examine self

Workshop Preparation
In preparation for the workshop, Jan held interviews with each Councilmember and discussed workshop objectives with the City Manager. Jan and Magda prepared an agenda and PowerPoint presentation, along with handout materials to guide discussions during the session.

Welcome and Opening Comments
The retreat began with a welcome and call to order from Mayor Lily Mei. She invited members of the public to speak.

City Manager Karena Shackelford then offered opening comments about why the retreat was important, and what she hoped the group would gain from the day’s discussions. Karena explained that the way Council and staff work together is critical to the success of the team on behalf of the community.

The City Manager turned the session over to the facilitators, who reviewed the workshop agenda, objectives, and ground rules for a successful session.

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7 Bike Rack
Jan explained that items that were brought up but would not be discussed today would be added to a bike rack for future attention. The one item that was added to the bike rack is described below.
• Information on past Council referrals so Councilmembers can understand what has been asked previously and the disposition of those requests.

Icebreaker
Magda led the group in an icebreaker exercise. The purpose was to begin the workshop informally and to learn more about each other. Each person was asked to share with the group someone who inspired them in the past or who inspires them now. Participants took turns sharing the attributes of the people who they admired. The themes that emerged from this exercise are presented in Figure 1 below.

Figure 1. Attributes that Are Admired

Themes from Council Interviews
Jan reviewed the themes that emerged from the Council interviews pertaining to their hopes for the retreat. Themes about what they hope to accomplish are summarized below.
• Agree on what is appropriate behavior among ourselves; the election is over; move on
• Commit to treating each other with dignity and respect; be able to fervently disagree but treat each other with civility
• Understand the dynamic between building strong relationships with one another and how that communicates to the public; stop the unprofessional behavior
Good listener Cares about
relationships Caring Charitable Collaborative Committed Continuous
development Courageous Effective Empathetic Hard working Kind Leads by
example Open Patient Positive Respectful Respected
Self-reflective Supportive Trailblazer Uniter

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8 • Be professional, move forward; deal with problems with each other on a one-on-one basis, not in the public arena
• Become a more unified City Council, commit to air differences in a constructive manner, agree to treat each other with respect • Agree on how we will work together in a respectful manner, following our protocols in and out of meetings

Refresher on Good Governance
Following the discussion of themes that emerged from the interviews Jan and Magda provided a brief refresher the importance of effective governance and best practices that make Councils work well. They noted that Council teamwork affects how the City is perceived, and shared factors that help and hinder governance. Magda presented consequences of a dysfunctional Council, which are listed in Figure 2 below.

Figure 2. Consequences of Council Dysfunction

Issues for Discussion
Jan reviewed the issues for discussion suggested by Councilmembers during their individual interviews. These five issues, and a summary of the discussions that followed for each, are presented in Table 1 below.

Creates an environment
of uncertainty for
everyone: Council, staff,
business community,
residents
Results in a loss
of public confidence
and trust
Leads to high staff
turnover, difficulty
recruiting and low
morale
Damages the City’s
attractiveness
and brand
Impedes economic
development;
discourages companies
from locating in a
community
Triggers public
frustration, apathy and
disengagement in
government
Undermines
organizational efficiency
and halts innovation

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9 Table 1. Discussion Items Suggested by Councilmembers Item Summary of Discussion Points
Being prepared for
Council meetings
• Discuss more meaty items during Council briefings
• Interest in seeing “draft agenda” of upcoming items and having the city manager meet with Councilmembers to talk through those items
• Can Councilmembers get agendas earlier?
• Ask questions of city manager when you see an item on tentative agenda, as needed • Timing of when presentations are distributed
• Can links to previous Council agendas on the same item be shared? • More lead time on budget, CIP and other big items; we may need a study session ahead of action meeting, which allows for more time to deliberate • All Councilmembers should commit to providing questions to staff by noon on Monday

What does it mean
to be respectful of
each other?
Practice Effective Communication
• Recognize those who have their hand raised, in proper order and with equal time to speak
• Don’t push the button more than once because it puts you to the bottom of the queue • Don’t repeat what other Councilmembers already said
• If speaking again on same item, say something new
• Listen to mayor’s prompt – i.e., questions vs. comments • Ask questions in advance
• Must be clear and concise; do not be misleading
• Do not share confidential information
• Be factual in statements; use factually based information • Don’t share emails
• Honest feedback
• Conversation is healthy

Respect Roles and Responsibilities
• Understand the role of Mayor is to preside over meetings and ceremonial events; or the Vice Mayor if Mayor is absent
• Councilmembers should not try to run meeting when they are frustrated • Be respectful of each other’s family members
• Determine how to improve the Referral Process; Seek advice from the city manager and/or city attorney before bringing forward a referral

Show Respect
• Assume good intent
• Respect each other’s time and time of staff and community • Criticizing fellow Councilmembers in public is not productive • Treat all Councilmembers equally with respect, especially in public • Respect each other in all arenas: at Council meetings in all public domains, on social media
• Focus on policy, not on personalities

Dysfunction
• Know that everyone (in the community) talks, especially as it relates to issues between individuals on the Council; deal with these issues one-on-one • Don’t suggest motives of others

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10 Item Summary of Discussion Points
• Deal with each other one-on-one or use a mediator to help facilitate the conversation • Do not speak ill of each other to the public
• Be mindful of sharing emails from others out of context • Avoid racial division
• Don’t attribute values to someone else
• People do not want to be around bickering
• Avoid “One upping” each other; when one talks, so next one talks more • If an issue has been resolved, move on; don’t need to keep bringing it up • Recognize boundaries
• Don’t stack meetings
• If we can deal with these team issues, we can do so much for our community • It is risky to not settle down and be an effective team • Be responsive to each other
• Consider the proper place and time for comments
• Be respectful of items before us
• Don’t contribute to race or religion tension in the community • People read things into what they see

Follow established
protocols for
proclamations and
recognitions
• Mayor is the enforcer of procedural items
• Potentially clarify referral process in the Council Handbook • Interest in clearly stating the purpose of the referral • Not necessary for Councilmembers to speak after the Mayor reads the proclamation • Proclamation and recognition process was updated in September 2022 • Should focus more on core work of the City versus ceremonial items • Clarify required timing of submittals
• Interest was expressed in streamlining the process

Follow meeting
rules
• All Councilmembers agreed not to speak out of order
o Agreed to use the button to speak
o The Mayor presides over the meetings and it is the Mayor’s responsibility to call on Councilmembers to speak
• Make sure motion is clear to avoid modifications
• Deliberation is very long and often repeated
• Try to make a motion that captures Council’s consensus

Roles
The role of the Mayor was discussed at various points in the morning discussion, and there was consensus that the Mayor’s role should be respected. The Mayor’s role includes presiding over and facilitating Council meetings, calling on Councilmembers to speak, representing the City at ceremonial and cultural events, and determining which proclamations will be brought forward at a Council meeting.

Asking Questions in Advance of Council Meetings
The importance of Council asking staff their questions before the Council meetings was discussed. This helps staff be prepared, is respectful of staff, helps

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11 to avoid surprises, aids in the efficiency of the meetings, and allows staff to provide as much information as possible so Councilmembers can make an informed decision.

The City Manager requested that Councilmembers send questions by Monday at noon, so staff has time to provide responses to the entire Council.

Discussion comments included:
• City Attorney noted that it is important to get Councilmembers’ Fair Political Practices Commission (FPPC) questions in advance as he is not necessarily able to answer on the spot during the meetings. • Questioning of staff that comes across as “hammering” makes staff feel unappreciated and undermined.
• When questions are asked in advance, staff will provide the answers to the entire Council.
• The City is an employer and there is a need to be mindful of the work environment being created.

Discussions During Council Meetings
It was noted that in discussing an item, it is appropriate and acceptable for a Councilmember to be silent if they agree with what has already been said on the item. Further, it was noted that active discussion is needed on certain items so the community can see that the Council is taking the item seriously.

One of the slides in the PowerPoint contained tips for promoting civility in meetings from the Institute for Local Government (ILG). The tips are:

1. Embrace different points of view.

2. Everyone gets a chance to share their views.

3. With rights come responsibilities; respect time limits and protocols.

4. Avoid debates and interruptions.

5. Reduce uncertainty; assure people they will get a chance to be heard; follow protocols.

6. Listen as a sign of respect.

7. Do not allow heckling and applause.

8. Attack the problem not the person (separate people from the problem).

9. Consider using titles (Councilmember…, Mr., Ms., Dr., etc.).

10. Take a break if things get heated.

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12 Council Norms and Protocols
The next segment of the retreat focused on reviewing and discussing the Council norms and protocols (which were last reviewed in February 2022). The purpose of this discussion was to agree on ways Council can work together productively.

The 11 Council norms are listed below.

1. Maintain a citywide perspective, while being mindful of districts.

2. Be mindful of how Councilmember conduct can promote or hamper teamwork or governing.

3. Councilmembers will acknowledge that Council actions/ decisions represent City policy once a decision is made.

4. Councilmembers will listen to one another, communicate respectfully with each other and seek to understand one another.

5. Find consensus with Councilmembers when possible; find areas of agreement within the areas of disagreement.

6. Respect other Councilmembers’ opinions.

7. Never assume intent regarding other Councilmember actions.

8. Maintain confidentiality of confidential matters.

9. Respect the roles of Mayor, Council and staff in creating policy and in implementing policy.

10. Respect the Council/manager form of government.

11. Communicate concerns about staff to the city manager. Do not criticize staff in public.

After reviewing the 11 norms, Council gave a “thumbs up” that they agreed with all the norms and committed to follow them.

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13 Protocols
The Councilmembers reviewed their eight adopted protocols, which are listed below. Changes were made to two of them, as noted.

1. Craft clear Council motions so that staff and Councilmembers all understand what is intended.

2. Seek to be efficient in comments at City Council meetings.

3. Provide reports and other information to City Council colleagues and staff about committee assignments in written summary format and/or at City Council meetings under Councilmember communications, especially when something is time sensitive. ADDED: As a courtesy, when a Councilmember attends a regional or other meeting as a City representative, they are to inform the Council and the City Manager.

4. Participate in the League of California Cities, National League of Cities, US Conference of Mayors and other organizations that relate to City of Fremont work in order to enhance personal professional development as governing body members, and to learn about new approaches and common issues being addressed by other local governments.

5. When foreign dignitaries request official City of Fremont events with members of the Council in the Councilmembers’ official capacity, courtesy invitations should be extended to all members of the City Council. ADDED: When Councilmembers plan to attend an event with or plan to meet with foreign dignitaries, they will let their Council colleagues and the City Manager know ahead of time out of courtesy.

6. During Council campaign seasons, the City Attorney will remind Councilmembers about their obligations and limitations, including prohibitions on use of any City resources, including but not limited to, City equipment, City employees, City logo or other official City designations in campaign literature, signs, social media or other communications.

7. Refrain from using technology to communicate with others during City Council meetings.

8. Refrain from using the City’s logo or any photos with City staff in ways inconsistent with City laws and policies.

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14 Setting the Context for Priority Setting
The senior leadership team joined for this part of the retreat.

Accomplishment and Challenges
Recent accomplishments and challenges were highlighted. The purpose of this discussion was to both celebrate the City’s successes and progress, while being mindful of the challenges faced. The following slides were presented.

Trends in Local Government and Financial Outlook
City staff presented the City’s financial outlook and key trends in local government that are relevant to Fremont. The three trends that were discussed were significant competition for talent, increases in PERS and other costs, and increasing cybersecurity risks. The Human Resources Director pointed out that the City currently has a 10% vacancy rate.

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15 Developing Consensus on Priorities
The three Council priorities that were set in February 2022 are shown below, with a foundational financial principle.

Foundational Principle
Ensure the financial health and sustainability of the City of Fremont Priorities

Priorities for Discussion
Jan noted that the priorities that emerged from the Council interviews mirrored the 2022 priorities, with some additional items. The following slide shows the priorities.

Determining Top Priorities
Councilmembers participated in a dot voting exercise to determine their top priorities for FY 2023-24. Each person was given three dots and asked to place them on their top priorities.

The results of this exercise are shown in Table 2 below. Council decided to roll over the three priorities from last year into FY 2023-24.

Focus on public safety
Continue to address
homelessness
Foster the viability of
commercial corridors

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16 Table 2. Council’s Top Priorities for FY 2023-24
Top Priorities Votes
Focus on public safety 6
Continue to address homelessness 7
Foster the viability of commercial corridors 5
Continue to increase affordable housing 1
Mitigate traffic issues 0
Foster good relationships with schools and colleges 0
Improve the Council culture 2
Environmental sustainability 0
Ceremonial and cultural events 0
Staying on Course with Priorities
After the priorities were established, there was a discussion about what would help the Council and staff team stay on track, given the limited staff and financial resources. Staff will align programs, projects, and activities with budget, staffing, and workloads; build priorities into the budget and workplans; and provide periodical updates to Council.

Jan reviewed best practice criteria for adding initiatives and work, suggesting that minimizing Council referrals will be an important way of maintaining staff focus and other resources on established priorities. The best practice criteria are shown in the following slide.

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17 Wrap-up and Next Steps
To conclude the workshop, Jan explained that Baker Tilly would prepare this summary report, and that that staff would incorporate the priorities into the budget and work plan.

Reflections from Council
To conclude the retreat, Councilmembers, the City Manager, and City Attorney shared comments about what was useful in spending the time together. A summary of these reflections is provided below.

▪ Being on the same page and bringing us closer together to carry out City services, helpful to hear from others, and gain more clarity. ▪ Good to reaffirm priorities, a good opportunity to build team spirit, and reminder ourselves we are on the same team with same goals. ▪ Continue to work on Fremont brand, as well as City priorities. ▪ We have more in common, than differences.
▪ Good insight into staff perspectives and each other.
▪ Nice to break bread and spend time together.
▪ Tough conversations that go to the heart of the matter and able to share what was on our minds.
▪ Informative.
▪ Settled on several things that we have noticed; let’s self-reflect, have efficient meeting with civility so we can advance forward.

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Fremont City CouncilApril 4, 2023

Fremont City Council
April 4, 2023