City Council Chambers
3300 Capitol Avenue
Fremont, CA
Fremont City Council
Lily Mei, Mayor
Teresa Cox, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5
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 18, 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 18, 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 18, 2023
April 18, 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: 814 9195 3807. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/81491953807
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 18, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
April 18, 2023
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM
1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)
2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.
A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.
C. 2023 PAVEMENT REHABILITATION PROJECT - Approve Plans and Specifications, Accept Bid Withdrawal of Low Monetary Bidder and Award a Contract to O’Grady Paving, Inc. in the Amount of $4,134,501.63 (Including 5% Contingency) for the 2023 Pavement Rehabilitation Project (PWC8234-W); Make Findings of CEQA Exemption.
Contact Persons:
Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]
April 18, 2023 Fremont City Council Page 4
RECOMMENDATION: Approve the following actions related to the 2023 Pavement Rehabilitation Project (PWC8234-W):
1. Find this project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing) and Section 15302 (replacement or reconstruction of existing structures/facilities).
2. Approve the plans and specifications for the project.
3. Accept the bid withdrawal from low monetary bidder.
4. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, O’Grady Paving, Inc. in the amount of $3,937,620.60, plus a 5% construction contingency in the amount of $196,881.03, for a total construction contract amount of $4,134,501.63, and authorize the City Manager to execute the contract.
D. AWARD A CONSTRUCTION CONTRACT FOR NORTHGATE COMMUNITY PARK & MARSHALL NEIGHBORHOOD PARK PLAY AREA RENOVATIONS PROJECT (PWC9054 & PWC9008) - Approve Plans and Specifications, Accept the Bid and Award a Construction Contract for the Bid Amount of $1,182,178 to Redwood Engineering & Equipment, Inc dba Redwood Engineering Construction and Allocate a 10% Construction Contingency of $118,200 for a Total Contract Amount of $1,300,378 for the Northgate Community Park & Marshall Neighborhood Park Play Area Renovations Project (PWC9054 & PWC9008) and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Existing Facilities).
Contact Persons:
Name: Andrew Mayes Suzanne Wolf
Title: Landscape Architect II Community Services Director Dept: Landscape Architecture Community Services
Phone: 510-494-4741 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Approve the plans and specifications for the Northgate Community Park Play Area Renovations & Marshall Neighborhood Park Play Area Renovations Project (PWC9054 & PWC9008).
2. Find that the project is exempt from review under the California Environmental Quality Act (CEQA) as the replacement or reconstruction of an existing facility, pursuant to CEQA Guidelines Section 15301.
3. Accept the bid, award a construction contract, and authorize the City Manager, or designee, to execute a construction contract with the lowest responsive and responsible bidder, Redwood Engineering & Equipment, Inc. dba Redwood Engineering Construction for the Northgate Community Park & Marshall Neighborhood Park Play Area Renovations Project (PWC9054 & PWC9008) for a construction contract amount of $1,182,178, and a 10% construction contingency of $118,200 for unforeseen work, for a total contract amount of $1,300,378.
April 18, 2023 Fremont City Council Page 5
E. GEOTECHNICAL CONSULTING SERVICES - Approval of Agreements for On- Call Geotechnical Consulting Services with Ninyo & Moore Geotechnical and Environmental Consultants, and Romig Engineers, Inc.
Contact Persons:
Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or designee to execute a Master Service Agreement with the following consultants:
1. Ninyo & Moore for on-call geotechnical consulting services for a total not-to- exceed compensation of $1,250,000 for five years.
2. Romig Engineers, Inc. for on-call geotechnical consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
F. FAMILY CAREGIVER SUPPORT PROGRAM - Amendment to Alameda County Social Services Agency FY 2022/23 Agreement for Family Caregiver Support Program
Contact Persons:
Name: Karen L. Grimsich Suzanne Shenfil
Title: Family Services
Administrator
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2062 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or her designee, to execute a FY 2022/23 Amendment with the Alameda County Social Services Agency for the Family Caregiver Support Program for a total contract amount of $137,428, and appropriate an additional $32,914 to fund 173 and making findings of CEQA exemption
G. TASK ORDER HSD-17 TO FUSD JOINT POWERS AGREEMENT - Authorization to Execute a Task Order to the Joint Powers Agreement with Fremont Unified School District. Task Order HSD-17 for the Provision of Mental Health Services at Three Fremont Unified School District High School Wellness Centers and Two Middle Schools.
Contact Persons:
Name: Annie Bailey Suzanne Shenfil
Title: Youth and Family Services
Administrator
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or her designee, to execute Task Order HSD-17 to the Joint Powers Agreement with Fremont Unified School District, in an amount not to exceed $308,000, for the Youth and Family Services Division of the Human Services Department to provide school-based Wellness Center mental health services for the 2023-2024 school year, and authorize the Human Services Department to hire four temporary staff (.75 FTE Special Assistant positions) for the school year and making findings of CEQA exemption.
April 18, 2023 Fremont City Council Page 6
H. POLICE BALLISTIC SHIELDS - Authorize the City Manager, or Designee, to issue a Purchase Order with Dana Safety Supply, Inc. in an amount not to exceed $130,250
Contact Persons:
Name: Deirdre Rockefeller-Ramsey Sean Washington
Title: Police Business Manager Police Chief
Dept: Police Department Police Department
Phone: 510-790-6991 510-790-6969
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or designee, to issue a Purchase Order with Dana Safety Supply, Inc. in an amount not to exceed $130,250 for ballistic shield replacements.
I. THORNTON MIDDLE SCHOOL TRAFFIC SIGNAL - Approval of Agreement with Fremont Unified School District to Receive Funds estimated at $750,000 for the Construction of a Traffic Signal at the Intersection of Thornton Avenue and Oak Street for the Thornton Middle School Conversion; Appropriation of Funds; and Make Findings of CEQA Exemption.
Contact Persons:
Name: Noe Veloso Hans Larsen
Title: Assistant City Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4774 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approval of the following actions:
1. Find that this project is categorically exempt from review under California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that implementation of the agreement is not an activity that in itself has the potential for causing a significant effect on the environment.
2. Authorize City Manager, or designee to execute a Cooperative Funding and Mitigation Agreement with Fremont Unified School District for the construction of a traffic signal at the intersection of Thornton Avenue and Oak Street, which is estimated at $750,000.
3. Authorize appropriation of funds in the amount of $750,000 from Fremont Unified School District to PWC8956-502, Centerville Complete Streets Project.
J. GYM REVITALIZATION WELLNESS INITIATIVE - Authorize the City Manager, or Designee, to issue a Purchase Order with Pacific Fitness Products LLC, in an amount not to exceed $140,000
Contact Persons:
Name: Lance Brede Sean Washington
Title: Deputy Chief Police Chief
Dept: Police Department Police Department
Phone: (510) 790-6930 510-790-6969
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or designee, to issue a Purchase Order with Pacific Fitness Products LLC. to remodel, revitalize and purchase new equipment for the Police Department’s workout facility utilizing funds in the Police Department’s adopted FY 2022/23 general fund budget in an amount not to exceed $140,000.
April 18, 2023 Fremont City Council Page 7
K. FISCAL YEAR 2021/22 FINANCIAL AUDIT - Transmittal and Acceptance of Fiscal Year 2021/22 Audit Reports
Contact Persons:
Name: Hein Hein Hein Myat David Persselin
Title: Accounting Manager Finance Director
Dept: Finance Department Finance Department
Phone: 510-494-4602 510-494-4631
E-Mail: [email protected] [email protected]
RECOMMENDATION: Receive financial audit reports for Fiscal Year 2021/22 and file.
L. SECOND AMENDMENT TO THE CITY ATTORNEY EMPLOYMENT AGREEMENT - Consideration of an Amendment to the Employment Agreement between City Attorney Rafael E. Alvarado, Jr. and the City of Fremont Contact Persons:
Name: Tina Gallegos
Title: Human Resources Director
Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]
RECOMMENDATION: Adopt a resolution and authorize the Mayor to execute the second amendment to the City Attorney’s Employment Agreement, which authorizes a merit-based five percent wage increase.
3. Ceremonial Items
A. Proclamation: National Victims’ Rights Week - April 23-29, 2023 B. Proclamation: Condemning Hinduphobia
C. Proclamation: Rotary Club of Mission San Jose 40th Anniversary D. Proclamation: Recognizing April 2023 as Fair Housing Month E. Proclamation: Arbor Day – April 28, 2023
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
April 18, 2023 Fremont City Council Page 8
5. Scheduled Items
A. FEE DEFERRAL PROGRAM AMENDMENT--Citywide--PLN2023-00216 - Public Hearing (Published Notice) to consider Planning Commission recommendation of a City-initiated Zoning Text Amendment amending Title 18 [Planning and Zoning], Chapter 18.290 [Development Impact Fees] of the Fremont Municipal Code to allow market rate residential development projects to defer payment of impact fees until final inspection, issuance of a certificate of occupancy, or the expiration of 18 months from the date of permit issuance, whichever occurs first; and to consider an exemption for the project from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) in that the proposed amendments are not a project which has the potential to cause a significant effect on the environment.
Contact Persons:
Name: Dan Schoenholz
Title: Community Development
Director
Dept: Community Development
Phone: 510-494-4438
E-Mail: [email protected]
RECOMMENDATIONS:
1. Hold public hearing.
2. Find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15378(b) (2), (4) and/or (5), and/or per CEQA Guidelines Section 15061(b)(3), in that it is an administrative or governmental funding mechanism or fiscal activity that does not involve a commitment to any specific project nor have in that it is not a project which has the potential to cause a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.
3. Adopt an ordinance, as shown in Exhibit “A,” approving the proposed Zoning Text Amendment PLN2023-00216 to amend FMC Chapter 18.290, Development Impact Fees to allow market rate residential development projects to defer payment of development impact fees after building permit issuance.
6. Other Business
A. CONSIDER ADOPTION OF THE URBAN FORESTRY MANAGEMENT PLAN - Adopt a resolution to adopt the Urban Forestry Management Plan and make a finding that the Urban Forestry Management Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per Guidelines Sections 15162 and 15163, 15307, 15308, 15304, and 15378(b), and no further environmental review is required at this time.
Contact Persons:
Name: Tara Bhuthimethee Suzanne Wolf
Title: Senior Landscape Architect Community Services Director Dept: Community Services Community Services
Phone: 510-494-4738 510-494-4329
E-Mail: [email protected] [email protected]
April 18, 2023 Fremont City Council Page 9
RECOMMENDATIONS:
1. Find that the Urban Forest Management Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Sections 15162 and 15163, (2) CEQA Guidelines Section 15307, (3) CEQA Guidelines Section 15308, (4) CEQA Guidelines Section 15304 and (5) CEQA Guidelines Section 15378(b).
2. Adopt a resolution adopting the Urban Forest Management Plan.
7. Items Referred by Councilmembers
A. Councilmember Referrals - None.
B. Appointments to Boards, Commissions, Committees
1. MAYOR MEI REFERRAL: Appointment to Advisory Bodies
Contact Persons:
Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]
APPOINTMENTS:
Advisory Body Appointee Term
Expires
Human Relations Commission Cecilia Leon 12/31/2026
Library Advisory Commission Felix Lechner 12/31/2025 (Friends of the Library representative)
Library Advisory Commission Lauren Texiera 12/31/2026
Library Advisory Commission Rayland Ho 12/31/2026
Library Advisory Commission Harmesh Sidhu 12/31/2026
RECOMMENDATION: Approve appointments.
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
April 18, 2023 Fremont City Council Page 10
April 18, 2023 Fremont City Council Page 11
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 18, 2023 Fremont City Council Page 12
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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
September 5, 2023 7:00 p.m. City Council Meeting Council Chambers Live
September 12, 2023 7:00 p.m. City Council Meeting Council Chambers Live
September 19, 2023 7:00 p.m. City Council Meeting Council Chambers Live
September 26, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
Fremont City Council Meeting: 04/18/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4841) DOC ID: 4841
Updated: 4/11/2023 3:57 PM by Alberto Quintanilla Page 1 2023 PAVEMENT REHABILITATION PROJECT - Approve Plans and Specifications, Accept Bid Withdrawal of Low Monetary Bidder and Award a Contract to O’Grady Paving, Inc. in the Amount of $4,134,501.63 (Including 5% Contingency) for the 2023 Pavement Rehabilitation Project (PWC8234-W); Make Findings of CEQA Exemption.
Contact Persons:
Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to initiate the construction of a project to perform pavement rehabilitation work on approximately 10 miles of streets including portions of Stevenson Boulevard, Grimmer Boulevard, Paseo Padre Parkway, and Cushing Parkway.
BACKGROUND: The City’s Public Works Engineering and Street Maintenance divisions jointly monitor the pavement condition of all streets and annually perform two types of pavement treatments:
• Preventive maintenance treatments – Treatments include cape seals, slurry seals, and crack seals, which involve the application of sealant materials over pavements to extend the pavement life at a relatively low cost. • Rehabilitation treatments – Treatments include pavement overlays and pavement base repairs, which involve the replacement of all or portions of pavements at a relatively high cost.
Base repairs are performed on targeted areas of severe pavement distress and involve the dig-out and replacement of existing pavement with new asphalt. Roadways receiving only base repairs will often receive a preventive maintenance surface treatment in a subsequent project to produce a finished appearance. Asphalt overlays either replace or add a layer of asphalt to a street segment, up to the entire width and length of the street. An overlay is normally recommended for streets that have extensive pavement distresses that cannot be addressed through preventive maintenance surface treatments. Overlay work may also be combined with base repairs to address streets with both extensive and severe pavement distresses.
DISCUSSION/ANALYSIS:
Pavement Rehabilitation Project: The proposed project will perform pavement rehabilitation treatments to 19 street segments, consisting of approximately 10 centerline miles of roadway and covering 2.4 million square feet of pavement surface. A project web page has been created to present a map and a list of locations.
2.C
Packet Pg. 13
Council Staff Report (ID # 4841) Meeting of April 18, 2023 Updated: 4/11/2023 3:57 PM by Alberto Quintanilla Page 2 Bid Results: Bids were received on March 21, 2023. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $3,700,000.
Bidder Bid Amount
1. Radius Earthwork, Inc. $3,505,055.00 *
2. O’Grady Paving, Inc. $3,937,620.60 *
3. DRYCO Construction, Inc. $4,566,721.85
*Mathematically corrected bid
Bid Withdrawal: The low monetary bidder, Radius Earthwork, Inc. submitted a bid proposal withdrawal within the applicable time period claiming a material error under Public Contract Code Section 5100 et seq., and Fremont Municipal Code Section 3.20.200 (d). The bidder alleges it made a mathematical and clerical error for their traffic control bid item in their bid proposal. After reviewing the bidder’s request and submitted backup documentation, staff confirmed the error made in the bid proposal and recommends that the City Council accept the bid withdrawal and award the contract to the second low bidder O’Grady Paving, Inc.
O’Grady Paving, Inc. is a responsible bidder and all documents are in order. The contractor is experienced in this type of work and has satisfactorily completed contracts of similar nature with the City and other public agencies.
Project Costs and Funding:
Estimated Project Costs:
Construction Contract – Second Low Bid $ 3,937,620.60
Construction Contract Contingency $ 175,000
Construction Inspection and Administration $ 300,000
Construction Materials Testing $ 80,000
TOTAL ESTIMATED PROJECT COSTS $4,492,620.60
Source of Funding:
PWC8234-134 SB1 – RMRA State Gas Tax 2030 $ 4,070,000** PWC8234-136 HUTA State Gas Tax $ 12,000**
PWC8234-501 Capital Improvements Fund $ 5,000
PWC8234-502 Capital Projects-Outside Source $ 9,000**
PWC8234-515 ACTC Measure BB $ 400,000**
TOTAL FUNDS AVAILABLE $ 4,496,000
**Amounts adjusted by City Council action on 3/14/23, Agenda Item 2C
Based on the contract amount and project cost estimates, there are sufficient funds budgeted for this project. Any remaining local and state funds not used for this project will be used for subsequent pavement projects.
Traffic Control: Due to the size and scope of this project, City residents and the traveling public will experience some inconvenience during construction. To minimize exposure of vehicles to the work, staff and the contractor will limit access and use of the roadways during construction. One or more lanes are expected to be closed to traffic in order to
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Council Staff Report (ID # 4841) Meeting of April 18, 2023 Updated: 4/11/2023 3:57 PM by Alberto Quintanilla Page 3 perform the pavement work. To mitigate the impact of traffic delays on the public, the contractor is required to prepare traffic control plans. City staff will review and approve all traffic control plans prior to construction and will monitor traffic control work during construction to minimize the impact to the public. Nearby businesses and residences will also receive notices informing them of the work and any parking restrictions that may be implemented. The contractor will be required to post signs for parking restrictions on project streets no less than 72 hours before the start of work. During construction, electronic changeable message boards as well as temporary construction signs will be positioned in advance of the construction work zone at major cross streets alerting the public of the roadwork ahead and potential delays. For locations near schools the contractor will be required to perform the work when school is either not in session or during periods outside of the peak hours when the school pick up or drop off is occurring.
FISCAL IMPACT: The pavement rehabilitation work on public streets is funded by the Pavement Rehabilitation account (PWC8234). This funding source was appropriated for this purpose through the Capital Improvement Program process.
ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently exists. It is further exempt under CEQA Guidelines, Section 15302, as a reconstructed structure that will have substantially the same purpose and capacity as the structure replaced.
ATTACHMENTS: None.
WEB LINK: fremont.gov/government/departments/public-works/public-works-projects
RECOMMENDATION: Approve the following actions related to the 2023 Pavement Rehabilitation Project (PWC8234-W):
1. Find this project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing) and Section 15302 (replacement or reconstruction of existing structures/facilities).
2. Approve the plans and specifications for the project.
3. Accept the bid withdrawal from low monetary bidder.
4. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, O’Grady Paving, Inc. in the amount of $3,937,620.60, plus a 5% construction contingency in the amount of $196,881.03, for a total construction contract amount of $4,134,501.63, and authorize the City Manager to execute the contract.
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Fremont City Council Meeting: 04/18/23 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors: Parks Planning and Design Manager Roger Ravenstad COUNCIL STAFF REPORT (ID # 4846) DOC ID: 4846
Updated: 4/12/2023 1:49 PM by Alberto Quintanilla Page 1
AWARD A CONSTRUCTION CONTRACT FOR NORTHGATE COMMUNITY PARK &
MARSHALL NEIGHBORHOOD PARK PLAY AREA RENOVATIONS PROJECT (PWC9054 & PWC9008) - Approve Plans and Specifications, Accept the Bid and Award a Construction Contract for the Bid Amount of $1,182,178 to Redwood Engineering & Equipment, Inc dba Redwood Engineering Construction and Allocate a 10% Construction Contingency of $118,200 for a Total Contract Amount of $1,300,378 for the Northgate Community Park & Marshall Neighborhood Park Play Area Renovations Project (PWC9054 & PWC9008) and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Existing Facilities).
Contact Persons:
Name: Andrew Mayes Suzanne Wolf
Title: Landscape Architect II Community Services Director Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4741 510-494-4329
E-Mail: [email protected] [email protected]
Executive Summary: This report recommends that the City Council approve the plans and specifications, accept the bid, and award a contract to Redwood Engineering & Equipment, Inc dba Redwood Engineering Construction for the base bid amount of $1,182,178 plus a 10% construction contingency of $118,200 for unforeseen work during construction, for a total construction amount of $1,300,378, for the Northgate Community Park & Marshall Neighborhood Park Play Area Renovations, and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Existing Facilities).
BACKGROUND: There are two locations associated with the Northgate Community Park and Marshall Neighborhood Park Play Area Renovation Projects within the City of Fremont.
Both playgrounds have equipment that is over twenty years old and needs an upgrade to achieve ADA compliance, increase play value for residents, and be more age inclusive. The synthetic safety surfacing is nearing the end of its life span for impact attenuation.
Replacement of surfacing at the time of equipment upgrade is financially prudent.
Site improvements include the demolition and removal of the existing play equipment, concrete footings, and safety surfacing followed by the installation of new play equipment and safety surfacing with aggregate base at the two park locations, Northgate Community Park and Marshall Neighborhood Park. Additionally, there will be a refurbishing of picnic area site furnishings, including picnic tables and barbecues at Marshall Neighborhood Park.
DISCUSSION/ANALYSIS: The Northgate Community Park and Marshall Neighborhood Park Play Area Renovations Project was advertised for bid on February 28, 2023. On March 21, 2023, the City received six bids for construction. The lowest responsible and responsive bid was submitted by Redwood Engineering & Equipment, Inc. dba Redwood Engineering Construction for the bid amount of $1,182,178.
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Council Staff Report (ID # 4846) Meeting of April 18, 2023 Updated: 4/12/2023 1:49 PM by Alberto Quintanilla Page 2
BID RESULTS: Bids were advertised on February 28, 2023. A total of six bids were received on March 21, 2023. The Bidders with their respective bid amounts are shown below.
Contractor Total Bid
Redwood Engineering Construction 1 $1,182,178.00
Buhler Commercial 2 $1,444,579.31
OBS Engineering 3 $1,474,740.00
G&G Builders 4 **$1,493,818.21
Suarez & Munoz 5 $1,542,980.00
Bay Construction Company 6 $1,587,350.00
City Estimate $1,450,000.00
**Bid Mathematically Corrected for computation errors pursuant to the Instruction to Bidder’s, Part 6.1(A)
The low bid of $1,182,178 is $265,000 below the City estimate of $1,450,000. There are sufficient funds to award the low bid and complete the project as outlined. The low bidder for the project was determined by evaluation of the base bid as is stated in the Instruction to Bidders. The low bidder for the project, Redwood Engineering & Equipment, Inc. dba Redwood Engineering Construction, is a responsible bidder experienced in this type of work.
Their bid is responsive, and all bid documents are in order.
Project Schedule: Construction is anticipated to begin in July 2023 with completion anticipated in September 2023.
FISCAL IMPACT: The Northgate Community Park Play Area Renovation project was funded in the FY 2021/22-2025/26 Capital Improvement Plan. Marshall Neighborhood Park Play Area Renovation project was funded in the FY 2019/20-2023/24 Capital Improvement Plan. The project is funded with $1,200,000 from Fund 541 Northgate Community Park Play Area Upgrade (PWC9054) and $569,000 from Fund 541 Marshall Park Play Area Renovations (PWC9008) for a total funding of $1,769,000.
1. Total Project Funds Available to the project:
Fund 541 Park Dedication Quimby Impact Fee (PWC9054) $1,200,000 Fund 541 Park Dedication Quimby Impact Fee (PWC9008) $569,000
Subtotal $1,769,000
2. Project Expenses to date:
Design and Administration: $139,549
4. Planned Expenditures:
Construction Bid (Rounded): $1,182,178
Construction Contingency (10%) $118,200
Construction Administration and Management (Estimated): $160,000 Project Closeout: $25,000
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Council Staff Report (ID # 4846) Meeting of April 18, 2023 Updated: 4/12/2023 1:49 PM by Alberto Quintanilla Page 3
Estimated Amount Remaining after Project Closeout: $144,073
Any remaining funds after project closeout will be returned to the Fund 541 Park Dedication Quimby Impact Fee balance in order to reallocate to another project.
MAINTENANCE IMPACT: None
ENVIRONMENTAL REVIEW: The proposed project improvements and modifications are within existing park facilities and would be exempt from review under the California Environmental Quality Act (CEQA) as the replacement or reconstruction of an existing facility, pursuant to CEQA Guidelines Section 15301, which provides an exemption for the operation, repair, maintenance, and minor alteration of public facilities, including parks, and does not involve expansion of an existing use. None of the exceptions stated in CEQA Guidelines Section 15300.2 applies, including the unusual circumstances exception, because there is nothing unusual about the size, location or other circumstance of the project.
ATTACHMENTS: None.
RECOMMENDATIONS:
1. Approve the plans and specifications for the Northgate Community Park Play Area Renovations & Marshall Neighborhood Park Play Area Renovations Project (PWC9054 & PWC9008).
2. Find that the project is exempt from review under the California Environmental Quality Act (CEQA) as the replacement or reconstruction of an existing facility, pursuant to CEQA Guidelines Section 15301.
3. Accept the bid, award a construction contract, and authorize the City Manager, or designee, to execute a construction contract with the lowest responsive and responsible bidder, Redwood Engineering & Equipment, Inc. dba Redwood Engineering Construction for the Northgate Community Park & Marshall Neighborhood Park Play Area Renovations Project (PWC9054 & PWC9008) for a construction contract amount of $1,182,178, and a 10% construction contingency of $118,200 for unforeseen work, for a total contract amount of $1,300,378.
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Fremont City Council Meeting: 04/18/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4848) DOC ID: 4848
Updated: 4/11/2023 3:43 PM by Alberto Quintanilla Page 1 GEOTECHNICAL CONSULTING SERVICES - Approval of Agreements for On-Call Geotechnical Consulting Services with Ninyo & Moore Geotechnical and Environmental Consultants, and Romig Engineers, Inc.
Contact Persons:
Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate the procurement of geotechnical consulting services as needed to support the timely development of projects funded through the City’s Capital Improvement Program (CIP).
BACKGROUND: On-call consultant services agreements are used for services requiring expertise that City staff does not have and/or to supplement City staff during periods of peak work demand. The work performed under this agreement will address Capital Improvement Program (CIP) projects, such as parks and public works projects, to be undertaken in the next five years, many of which will require geotechnical consulting work.
This agreement will allow the City to expediently develop plans, specifications, and budgets without delay to project schedule.
DISCUSSION/ANALYSIS: In January 2023, the City solicited proposals for On-Call Geotechnical Consulting Services. The selected consultants will work under a five -year Master Service Agreement.
Eight proposals were received from geotechnical consulting firms, listed alphabetically: Cal Engineering and Geology; Earth Systems Pacific; Fugro USA Land, Inc.; Geocon Consultants, Inc.; Kleinfelder, Inc.; Ninyo & Moore Geotechnical and Environmental Sciences Consultants (Ninyo & Moore); Romig Engineers, Inc.; and TRC Engineers, Inc.
An evaluation panel comprised of City staff evaluated all of the proposals based on the completeness of the proposal, project scope and understanding, overall and local experience to perform the required services, evaluation of assigned personnel and their experience, billing rates, and the Consultant’s overall approach.
Based on the results of the evaluation process, staff recommends authorizing the approval of master agreements with Ninyo & Moore and Romig Engineers, Inc. for professional geotechnical consulting services, in the not-to-exceed amount of $1,250,000 over a period of five years.
FISCAL IMPACT: All task order work issued, and work performed by consultants under the on-call Master Service Agreement, will be restricted to the funds appropriated and available for the specific project for which the work is required.
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Council Staff Report (ID # 4848) Meeting of April 18, 2023 Updated: 4/11/2023 3:43 PM by Alberto Quintanilla Page 2 ENVIRONMENTAL REVIEW: Environmental review is not required because award of this agreement is not a project within the meaning of California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061 (b)(3) and 15378(b) as it can be seen with certainty that there is no possibility that award of the contract will have a significant effect on the environment and the award is an administrative activity that will not result in an effect on the physical environment. The projects that the consultant will provide services for will be subject to appropriate environmental review.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager or designee to execute a Master Service Agreement with the following consultants:
1. Ninyo & Moore for on-call geotechnical consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
2. Romig Engineers, Inc. for on-call geotechnical consulting services for a total not-to- exceed compensation of $1,250,000 for five years.
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Fremont City Council Meeting: 04/18/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4851) DOC ID: 4851
Updated: 4/11/2023 3:44 PM by Alberto Quintanilla Page 1 FAMILY CAREGIVER SUPPORT PROGRAM - Amendment to Alameda County Social Services Agency FY 2022/23 Agreement for Family Caregiver Support Program
Contact Persons:
Name: Karen L. Grimsich Suzanne Shenfil
Title: Family Services Administrator Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2062 510-574-2051
E-Mail: [email protected] [email protected]
Executive Summary: The Alameda County Social Services Agency (ACSSA) has contracted with the City of Fremont since 2002 to provide Family Caregiver Support services, including individual assessment and counseling, educational workshops and caregiver support groups. Staff recommends the City Council authorize the City Manager to execute a FY 2022/23 agreement amendment not to exceed $137,428 and appropriate an additional $42,860 in Fund 173 to cover the amount of the agreement amendment.
BACKGROUND: Alameda County’s Social Services Agency (ACSSA), Adult and Aging Services Department has awarded the City’s Human Services Department annual funding through the National Family Caregiver Support Program since the program funding became available in 2002. The purpose of the National Family Caregiver Support Program is to fund programs that provide support to family caregivers of older adults.
DISCUSSION/ANALYSIS: The City of Fremont Caregiver Program provides a professional assessment of caregiver needs, individual counseling for caregivers, support groups, and educational workshops, all of which are designed to specifically support family caregivers and reduce caregiver stress. The program provides individual assessment and counseling to 90 caregivers and care receivers each year. Caregiver workshops, which are open to the community, occur several times a year. Dedicated caregiver support groups are offered on a weekly basis at different times and locations, including on-line.
FISCAL IMPACT: As part of the FY 2022/23 Adopted Budget, the City Council appropriated $104,514 for the Family Caregiver Support program. The Alameda County Social Services Agency (ACSSA) has now authorized a contract amendment for additional funding that will raise the contract total to $137,428. Staff is requesting the City Council appropriate an additional $32,914 to the Area Agency on Aging AFS Fund (Fund 173) to cover the revised contract amount.
ACSSA’s funding is used to support staffing and other program expenses. The additional appropriation will offset costs associated with the Family Caregiver program, such as the cost of the Family Caregiver Counselor.
ENVIRONMENTAL REVIEW: The action is exempt from CEQA pursuant to, without limitation, CEQA Guidelines Section 15378 (b)(2), (4) and/or (5), and/or CEQA Guidelines Section 15061(b)(3). The action consists of continuing administrative activities, funding
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Council Staff Report (ID # 4851) Meeting of April 18, 2023 Updated: 4/11/2023 3:44 PM by Alberto Quintanilla Page 2 mechanisms/fiscal activities, and/or organizational/administrative activities of governmental agencies, which have no possibility to cause or result in a significant adverse effect on the physical environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager, or her designee, to execute a FY 2022/23 Amendment with the Alameda County Social Services Agency for the Family Caregiver Support Program for a total contract amount of $137,428, and appropriate an additional $32,914 to fund 173 and making findings of CEQA exemption
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Fremont City Council Meeting: 04/18/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4855) DOC ID: 4855
Updated: 4/11/2023 3:46 PM by Alberto Quintanilla Page 1 TASK ORDER HSD-17 TO FUSD JOINT POWERS AGREEMENT - Authorization to Execute a Task Order to the Joint Powers Agreement with Fremont Unified School District. Task Order HSD-17 for the Provision of Mental Health Services at Three Fremont Unified School District High School Wellness Centers and Two Middle Schools.
Contact Persons:
Name: Annie Bailey Suzanne Shenfil
Title: Youth and Family Services
Administrator
Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2051
E-Mail: [email protected] [email protected]
Executive Summary: Fremont Unified School District (FUSD) has requested the City’s Youth and Family Services (YFS) division of the Human Services Department (HSD) to partner with FUSD to provide mental health services at three high school Wellness Centers and two middle schools.
The purpose of this report is to recommend that the City Council approve and authorize the City Manager to execute a FY 2023/24 Task Order (HSD-17) with FUSD, to provide these services, in the amount of $308,000, under the existing Joint Powers Agreement (JPA).
BACKGROUND: For many years, the City of Fremont HSD has provided a variety of behavioral healthcare (mental health and substance use counseling), youth diversi on and family support services to FUSD. The City and FUSD have an existing JPA, which acknowledges these services and allows for additional implementing task orders.
School students across the country are struggling with mental health problems. Recent studies and news reports indicate that the COVID-19 pandemic exacerbated an already growing crisis in youth mental health. According to CDC data, children’s mental health problems started increasing early in the pandemic and by the fall of 2020 had reached a crisis level. With the return of students to in-person learning over the past two school years, referrals to the City’s YFS Healthy Choices school-based counseling program and YFS clinic, have increased.
To address the increasing need of students for mental health services, FUSD recently created a Wellness Center on each high school campus. Wellness Centers are an innovative approach to dealing with issues of student stress and anxiety. They offer overwhelmed students a warm and friendly place to relax and refocus, practice healthy coping mechanisms or talk to a mental health provider. Wellness Centers may also reduce the need for intensive care; and may help to prevent emerging crisis situations by providing screening, as well as individual and group counseling in order to prevent and intervene early.
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Council Staff Report (ID # 4855) Meeting of April 18, 2023 Updated: 4/11/2023 3:46 PM by Alberto Quintanilla Page 2 FUSD invited HSD to submit a proposal and has subsequently requested HSD to staff three of these High School Wellness Centers and two middle schools throughout the 2023-2024 school year.
DISCUSSION/ANALYSIS: The expansion of on-campus mental health services at these three High School Wellness Centers and two middle schools will give YFS a unique opportunity to increase the number of students served each year, provide a more consistent and integrated service delivery model for the high schools, which will result in positive mental health and academic outcomes for students.
Under Task Order No. HSD-17, in FY 2023/24, HSD will provide:
• Individual and group mental health services
• Collateral services, including family engagement, staff consultation for all students referred/caseload
• Crisis intervention and consultation for identified students as needed • Participation in Coordination of Services Team meetings; and Student Study Team, 504 Plan and Individualized Education Plan meetings for students on caseload • Development of care plans for all students on caseload • Close collaboration with school site staff (Outreach Coordinators), who will be welcoming students into the Wellness Centers, coordinating referrals for services and monitoring center activities.
FISCAL IMPACT: Task Order HSD-17 provides $308,000 in funding, which will cover the cost of compensating four temporary .75 FTE post-graduate Counseling Associates to work 40 hours per week during the school year, and a .30 FTE Clinical Supervisor to provide legally required supervision and oversight. The task order will also cover information technology services, auto, insurance, and overhead costs. In anticipation of this funding, sufficient appropriations will be included the City’s FY 2023/24 Proposed Budget.
ENVIRONMENTAL REVIEW: Approval of the task order is exempt from, and not subject to review under, without limitation, the California Environmental Quality Act (CEQA) per CEQA Guidelines sections 15378(b)(2), (4) & (5), and/or 15061(b)(3), as they are administrative or fiscal activities for which as it can be seen with certainty that there is no possibility that the authorized activities may have a significant effect on the environment.
Each of the foregoing provides a separate and independent basis for CEQA exemption.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager, or her designee, to execute Task Order HSD-17 to the Joint Powers Agreement with Fremont Unified School District, in an amount not to exceed $308,000, for the Youth and Family Services Division of the Human Services Department to provide school-based Wellness Center mental health services for the 2023- 2024 school year, and authorize the Human Services Department to hire four temporary
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Council Staff Report (ID # 4855) Meeting of April 18, 2023 Updated: 4/11/2023 3:46 PM by Alberto Quintanilla Page 3 staff (.75 FTE Special Assistant positions) for the school year and making findings of CEQA exemption.
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Fremont City Council Meeting: 04/18/23 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4859) DOC ID: 4859
Updated: 4/11/2023 3:47 PM by Alberto Quintanilla Page 1 POLICE BALLISTIC SHIELDS - Authorize the City Manager, or Designee, to issue a Purchase Order with Dana Safety Supply, Inc. in an amount not to exceed $130,250
Contact Persons:
Name: Deirdre Rockefeller-Ramsey Sean Washington
Title: Police Business Manager Police Chief
Div/Dept: Police Department Police Department
Phone: 510-790-6991 510-790-6969
E-Mail: [email protected] [email protected]
Executive Summary: The Fremont Police Department receives funding via the Citizens Option for Public Safety (COPS) grant each year and previously reported to the City Council that a portion of the funding would be utilized for Police Department capital equipment in FY 2022/23.
The purchase of ballistic shields are replacements for shields that have reached their end of life. Shields are currently stored in Police patrol and specialty vehicles, to be used for officer and community safety when needed.
BACKGROUND: The Fremont Police Department regularly uses ballistic shields in patrol and specialty vehicles for officer and community safety. The current shields have reached their end of life manufacture warranty for ballistics and need replacing, so bid #23 -018 was created for the quantity of 55 ballistic shields with four responsive bidders.
DISCUSSION/ANALYSIS: Based on pricing, Dana Safety Supply, Inc. was selected as the lowest bidder for the 55 shields.
FISCAL IMPACT: The estimated cost of 55 ballistic shields based on bid #23-018 is $130,250 and will be paid from the FY 2022/23 COPS Grant, which was previously appropriated by the City Council in the COPS Grant Fund (Fund 151).
ENVIRONMENTAL REVIEW: The purchase of ballistic shields is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager, or designee, to issue a Purchase Order with Dana Safety Supply, Inc. in an amount not to exceed $130,250 for ballistic shield replacements.
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Fremont City Council Meeting: 04/18/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4860) DOC ID: 4860
Updated: 4/11/2023 3:48 PM by Alberto Quintanilla Page 1 THORNTON MIDDLE SCHOOL TRAFFIC SIGNAL - Approval of Agreement with Fremont Unified School District to Receive Funds estimated at $750,000 for the Construction of a Traffic Signal at the Intersection of Thornton Avenue and Oak Street for the Thornton Middle School Conversion; Appropriation of Funds; and Make Findings of CEQA Exemption.
Contact Persons:
Name: Noe Veloso Hans Larsen
Title: Assistant City Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4774 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate the construction of a new traffic signal at the intersection of Thornton Avenue and Oak Street that is required of the Thornton Middle School Conversion Project. The traffic signal will mitigate transportation impacts due to the middle school conversion and provide students another safe route to access Thornton Middle School.
BACKGROUND: The Thornton Middle School Conversion Project would convert Fremont Unified School District’s (FUSD) existing Thornton Junior High School from a 7th and 8th grade junior high school to middle school with 6th, 7th and 8th grades. The middle school conversion would include construction of new buildings and facilities on the existing campus, and upgrades to existing campus facilities. The project is intended to support an increase in school capacity from 1,259 students to 2,176 students. The Thornton Middle School Conversion is expected to be complete and ready for the 2023-2024 school year.
An Environmental Impact Report (EIR) was prepared for the middle school conversion project in order to comply with the requirements of the California Environmental Quality Act. The transportation impact analysis conducted as part of the EIR identified that new vehicle trips associated with the Thornton Middle School Conversion Project would create severe traffic congestion at the “two-way stop sign” controlled intersection at Thornton Avenue and Oak Street. To mitigate this impact, the EIR recommended the installation of a traffic signal at the intersection of Thornton Avenue and Oak Street. The traffic signal also improves safety and access for students walking and bicycling to school.
DISCUSSION/ANALYSIS: In February 2022, the City Council provided direction to staff regarding design features of the Centerville Complete Streets Project. The project limits include Thornton Avenue between San Pedro Street and Fremont Boulevard. The Centerville Complete Streets Project currently proposes to install various improvements at the intersection of Thornton Avenue and Oak Street that include curb extensions, reduced curb return radii, and new curb ramps. These improvements are compatible and would complement a traffic signal, but a traffic signal was not part of the Centerville Complete Streets Project scope.
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Council Staff Report (ID # 4860) Meeting of April 18, 2023 Updated: 4/11/2023 3:48 PM by Alberto Quintanilla Page 2 In 2022, FUSD representatives reached out to staff to discuss the Thornton Middle School Conversion Project and the required EIR mitigation measure to install a traffic signal at the intersection of Thornton Avenue and Oak Street. Staff offered to include the traffic signal in the Centerville Complete Streets Project with FUSD paying for the full cost of construction of the traffic signal and any related change orders, which is currently estimated at $750,000.
The City would include the design of the traffic signal in the scope of the Centerville Complete Streets Project at the City’s cost and maintain the traffic signal as part of the City’s inventory. The design for the Centerville Complete Streets Project is expected to be complete in Summer 2023 with construction to start in late 2023. The traffic signal work will be incorporated into the Centerville Complete Streets Project, which will be competitively bid and awarded to the lowest responsive bidder.
The draft Cooperative Funding and Mitigation Agreement was approved by the FUSD Board of Trustees on March 22, 2023.
FISCAL IMPACT: The estimated $750,000 in FUSD funds would supplement the existing funding for the Centerville Complete Streets Project, which includes $6,510,000 in Surface Transportation Program One Bay Area Grant 2 (OBAG2) grant funds and $2,000,000 in Alameda County Measure BB grant funds.
ENVIRONMENTAL REVIEW: Execution of an agreement is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that implementation of the agreement is not an activity that in itself has the potential for causing a significant effect on the environment.
The environmental clearance for construction of the new traffic signal at Thornton Avenue and Oak Street is addressed through the Thornton Middle School Conversion Project and the Centerville Complete Streets Project.
ATTACHMENTS:
• Draft Cooperative Funding and Mitigation Agreement
RECOMMENDATION: Approval of the following actions:
1. Find that this project is categorically exempt from review under California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that implementation of the agreement is not an activity that in itself has the potential for causing a significant effect on the environment.
2. Authorize City Manager, or designee to execute a Cooperative Funding and Mitigation Agreement with Fremont Unified School District for the construction of a traffic signal at the intersection of Thornton Avenue and Oak Street, which is estimated at $750,000.
3. Authorize appropriation of funds in the amount of $750,000 from Fremont Unified School District to PWC8956-502, Centerville Complete Streets Project.
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Cooperative Funding and Mitigation Agreement Between the Fremont Unified School District and the City of Fremont for Thornton Avenue And Oak Street Traffic Signal Improvements
COOPERATIVE FUNDING AND MITIGATION AGREEMENT BETWEEN
FREMONT UNIFIED SCHOOL DISTRICT AND CITY OF FREMONT
FOR THORNTON AVENUE AND OAK STREET
TRAFFIC SIGNAL IMPROVEMENTS
This Cooperative Funding and Mitigation Agreement, hereinafter referred to as “Agreement,” made and entered into as of the _____day of _______, 2023, is by and between Fremont Unified School District, hereinafter referred to as “ FUSD” and the City of Fremont, hereinafter referred to as “City.”
WITNESSETH
WHEREAS, FUSD currently has a middle school conversion project under construction at Thornton Junior High School that is expected to be completed in time for the 2023 -2024 school year (“Thornton Middle School Conversion Project”); and WHEREAS, to comply w ith requirements for the California Environmental Quality Act (CEQA), FUSD consultant(s) prepared an Environmental Impact Report (“EIR”) that identified new vehicle trips for the defined Thornton Middle School Conversion Project would degrade service at th e two-way stop sign controlled intersection of Thornton Avenue and Oak Street from Level of Service (“LOS”) E to an unacceptable LOS F during the AM peak hour, under existing and near-term “Plus Project” conditions as further detailed in the EIR; and WHEREAS, the EIR also identified that FUSD in furtherance of the Thornton Middle School Conversion Project shall, install a traffic signal at the intersection of Thornton Avenue and Oak Street as a mitigation measure , which for purposes of this Agreement shall be referred to as the “Project”; and
WHEREAS, the City has an Alameda County Measure BB funded road improvement project called the Centerville Complete Streets Project that will provide roadway improvements along Thornton Avenue between San Pedro Drive/Dondero Way and Fremont Boulevard , and the Centerville Complete Streets Project is currently in the design phase and expected to start construction near the end of 2023; and
WHEREAS, FUSD reached out to the City regarding the Project required for the Thornton Middle School Conversion, and the City offered to assist FUSD by including the Project with the Centerville Complete Streets Project, if FUSD would cover the costs of installation; and WHEREAS, both the FUSD and the City agree on and acknowledge the importance of maintaining a safe and reasonable LOS at the intersection of Thornton Avenue and Oak Street for the students and community, and the City and FUSD mutually desire to work togeth er to enable FUSD to implement the Project.
DRAFT
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Attachment: Draft Cooperative Funding and Mitigation Agreement (4860 : THORNTON MIDDLE SCHOOL TRAFFIC SIGNAL) Cooperative Funding and Mitigation Agreement Between the Fremont Unified School District and the City of Fremont for Thornton Avenue And Oak Street Traffic Signal Improvements
NOW, THEREFORE, it is mutually agreed as follows:
SECTION I
CITY AGREES:
1. To include the design and construction of the Project in the City’s project scope of work for the Centerville Complete Streets Project.
2. To provide funding for the design of the traffic signal and for the design and construction of any public right of way and roadway infrastructure improvements that support the installation of the Project, such as new sidewalk, ADA ramps, and curb and gutter.
3. To provide FUSD with documentation from the lowest responsive and responsible bid, which will identify the cost of the Project installation. The total reimbursement amount to be paid by FUSD to the City shall be the contract price based on the low bid, with FUSD approval of all change orders directly related to the installation of the Project. Only those change orders to the Project impacting or increasing the Project cost will be presented to FUSD for approval. All written approvals by FUSD shall be made within five (5) business days as detailed below.
4. To maintain the traffic signal and associated public right of way and roadway infrastructure improvements after completion of the Project.
SECTION II
FUSD AGREES:
1. To pay and reimburse City for the full cost of construction of the Project at the intersection of Thornton Avenue and Oak Street . The final reimbursement amount will be determined through the actual lowest responsive and responsible bid. The current estimated cost for the traffic signal is approximately $750,000 (Seven Hundred Fifty - Thousand Dollars) as of the date of this Agreement (“Initial Project Cost”); however, FUSD agrees to reimburse City for full actual cost of construction evidenced by actual low bid, with all FUSD-approved change orders.
a. For purposes of this Agreement, FUSD will obtain approval for a contingency amount of $10,000 (Ten Thousand Dollars) , referred to as the “Initial Project Contingency.” The Associate Superintendent, or designee, will obtain delegation of authority to appro ve change orders for the Project up to the Initial Project Contingency. Additional amounts which exceed the total of $760,000 ( Initial Project Cost plus the Initial Project Contingency) will require prior FUSD Board approval.
2. To endeavor to provide written approval for any change orders to the Project within five (5) business days of received the change order request from the City. FUSD shall not be responsible for any change orders for increases to the Project costs unless approved by FUSD’s delegated au thority, as set forth in the Section above, and in accordance with
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Attachment: Draft Cooperative Funding and Mitigation Agreement (4860 : THORNTON MIDDLE SCHOOL TRAFFIC SIGNAL)
Cooperative Funding and Mitigation Agreement Between the Fremont Unified School District and the City of Fremont for Thornton Avenue And Oak Street Traffic Signal Improvements
relevant statutes and Board policies.
3. To deposit t he Initial Project Cost plus the Initial Project Contingency into an escrow account set up by the City upon written notice from the City t hat (i) the licensed and registered contractors have been selected for the Project and been awarded the Project based on their low bid, and (ii) the Notice to Proceed has been issued to the contractor.
Any additional funds for the Project’s reimbursement to be deposited into the escrow must be approved by the FUSD Board or its delegated authority. Any amounts remaining in the escrow after the expiration of this Agreement shall be returned to FUSD.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
1. This Agreement may be amended or canceled in writing by mutual written consent of the parties.
2. FUSD agrees to indemnify and hold harmless City, its City Council , officers, agents, employees and assigns from and against any and all loss, damage, liability, claim s, suits, costs and expenses whatsoever, including reasonable attorneys’ fees, from and against any loss, damage, liability, claims, suits, costs and expenses or other claim for damages based upon or otherwise arising out of FUSD’s performance of its terms of this Agreement save and except for those which are the result of the negligence and/or willful misconduct of City, its City Council, officers, agents, employees or assigns.
3. City agrees to indemnify and hold harmless FUSD, its Board of Education, officers, agents, employees and assigns from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys’ fees, from and against any loss, damage, liability, claims, suits, costs and expenses or other claim for damages based upon or otherwise arising out of the City’s performance of the terms of this Agreement save and except for those which are the result of the negligence and/or willful misconduct of FUSD, its Board of Education, officers, agents, employees or assigns.
4. Unless otherwise terminated by either party with thirty (30) days’ written notice, the term of this Agreement shall expire upon completion of all of the following: (a) FUSD acceptance of the Project and acknowledgement of Project completion with the City; and (b) FUSD’s full payment of construction costs for the Project, which will include Initial Project Cost plus Initial Project Contingency plus any other amounts approved by FUSD Board for the Project, along with refund from escrow to FUSD for any remaining amounts; and (c) City’s acceptance of the Project and acknowledgement of completion with their contractor. Notwithstanding, however, the parties understand that the indemnification provisions of Section III, numb ers 2 and 3 , above, shall survive the completion of the Project and the expiration or earlier termination of this Agreement.
5. This Agreement shall be interpreted and enforced in accordance with the laws of the State of California, and any claim, dispute, suit, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County
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Attachment: Draft Cooperative Funding and Mitigation Agreement (4860 : THORNTON MIDDLE SCHOOL TRAFFIC SIGNAL)
Cooperative Funding and Mitigation Agreement Between the Fremont Unified School District and the City of Fremont for Thornton Avenue And Oak Street Traffic Signal Improvements
of Alameda.
6. If any provision or provisions of this Agreement shall be held to be invalid , illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
7. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of FUSD and the City. This Agreement shall inure to the benefit of and be binding upon th e parties hereto and their respective successors and assigns.
8. COUNTERPARTS. This Agreement may be signed in counterparts, each of which shall be deemed to be an original. The Parties agree that the digital signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Any digital signature shall have the same legal validity and enforceability as a manually executed signature or use of a paper -based record keeping system to the fullest extent permitted by applicable law.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers, duly authorized as of the day, month, and year identified below, and to be effective as of the date first hereinabove written.
CITY OF FREMONT FREMONT UNIFIED SCHOOL DISTRICT
By______________________________ By______________________________ (Signature of Authorized Representative) (Signature of Authorized Representative) Brian Stott, Assistant City Manager CJ Cammack, Superintendent
Date:____________________________ Date:____________________________
APPROVED AS TO FORM:
City Attorney’s Office
APPROVED AS TO FORM:
Dannis Woliver Kelley
By______________________________ By______________________________ Rocio V. Fierro,
Senior Deputy City Attorney II
Karina Samaniego,
District Counsel
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Attachment: Draft Cooperative Funding and Mitigation Agreement (4860 : THORNTON MIDDLE SCHOOL TRAFFIC SIGNAL) Fremont City Council Meeting: 04/18/23 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4869) DOC ID: 4869
Updated: 4/11/2023 3:59 PM by Alberto Quintanilla Page 1 GYM REVITALIZATION WELLNESS INITIATIVE - Authorize the City Manager, or Designee, to issue a Purchase Order with Pacific Fitness Products LLC, in an amount not to exceed $140,000
Contact Persons:
Name: Lance Brede Sean Washington
Title: Deputy Chief Police Chief
Div/Dept: Police Department Police Department
Phone: (510) 790-6930 510-790-6969
E-Mail: [email protected] [email protected]
Executive Summary: Police Department staff are provided resources to manage their well- being because it influences their interactions with the public and, relatedly, can affect aspects of job performance. The Police Department is committed to supporting employee wellness and all efforts to reduce occupational stress injury. We believe investing in employee mental and physical wellness is associated with job satisfaction, job performance, and community service. We also believe improved wellness leads to the best possible outcomes for many, including the employee, their families, and our community.
The Police Department gym facility was assembled as part of the original building project in 1996. The gym was refreshed in the late 2000s with several new pieces of equipment but currently needs a complete overhaul because of heavy use. The replacement and update of the gym equipment will ensure that the Police Department’s exercise facility is able to support our wellness objectives through the next decade.
BACKGROUND: The Fremont Police Department has a well-established robust wellness program. The Police Department’s wellness efforts include devoting resources to mental health as the Law Enforcement Mental Health and Wellness Act of 2017 (LEMHWA) recommends. In addition to mental and psychological health, good physical health is important for law enforcement officers to maintain our ability to serve our communities effectively.
To afford sworn and professional staff time to stay mentally and physically fit, the department allows one hour of flex time (exercise) to work out on the PD campus. The gym layout consists of traditional free weights, strength machines, and cardio equipment. Most of the equipment is dated as it was purchased in 1996. In addition to updating old equipment in need of replacement and repair, the planned revitalization of the gym will reduce clutter and maximize the efficiency of limited space within the facility’s footprint.
DISCUSSION/ANALYSIS: As discussed, our employee wellness efforts include both mental and physical wellness. Optimal physical fitness is engrained into the fabric of the department. The equipment in the exercise facility gets used 24 hours a day, 365 days a year.
The heavy ongoing use of the gym has garnered a high level of physical fitness throughout the department, which has directly resulted in lower on-duty injuries. However, many
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Council Staff Report (ID # 4869) Meeting of April 18, 2023 Updated: 4/11/2023 3:59 PM by Alberto Quintanilla Page 2 machines are at the end of their service life because of their use and other equipment need s repair or replacement. The department solicited feedback and input from our staff to ensure we were responsive to their physical wellness needs. A committee was formed and compiled a survey sent to the entire department. The survey garnered over 90 responses and laid a foundation for formulating a plan to upgrade the facility.
Precor responded to a Sourcewell, a Cooperative Purchase Program, request for proposal (RFP) for fitness products and was awarded contract #081120-PCR. Precor has identified Pacific Fitness Products, LLC as the authorized Central California distributor for Precor, now a subsidiary of Peloton Interactive, fitness products. Therefore, Staff recommends that the City purchase the equipment through the cooperative agreement and bidding in not required.
FISCAL IMPACT: Equipment purchases will be made from the already appropriated and adopted FY 2022/23 Police Department General Fund budget.
ENVIRONMENTAL REVIEW: The purchase of gym equipment for an existing facility is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager, or designee, to issue a Purchase Order with Pacific Fitness Products LLC. to remodel, revitalize and purchase new equipment for the Police Department’s workout facility utilizing funds in the Police Department’s adopted FY 2022/23 general fund budget in an amount not to exceed $140,000.
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Fremont City Council Meeting: 04/18/23 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Presentations
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4866) DOC ID: 4866
Updated: 4/12/2023 1:01 PM by Alberto Quintanilla Page 1 FISCAL YEAR 2021/22 FINANCIAL AUDIT - Transmittal and Acceptance of Fiscal Year 2021/22 Audit Reports
Contact Persons:
Name: Hein Hein Hein Myat David Persselin
Title: Accounting Manager Finance Director
Div/Dept: Finance Department Finance Department
Phone: 510-494-4602 510-494-4631
E-Mail: [email protected] [email protected]
Executive Summary: The independent audit of the City’s Annual Comprehensive Financial Report for the fiscal year ended June 30, 2022 by the certified public accounting firm of Macias Gini & O’Connell LLP was completed on December 23, 2022 and posted to the City website. The Single Audit Report, which is required for the City’s major federal programs, was completed by the auditor on March 29, 2023. In addition, there are other audits that the City is required to undergo; these are generally financial and compliance audits of different sources of funds that the City receives. All of these audits and procedures resulted in unmodified (“clean”) opinions from the City’s independent auditors. Staff recommends that the City Council receive and file the audit reports.
BACKGROUND: Best financial practices as well as various financing covenants and regulations associated with restricted funding sources require the City to prepare and publish a complete set of financial statements each year, prepared in conformance with generally accepted accounting principles (GAAP). These financial statements, referred to as the Annual Comprehensive Financial Report or “ACFR”, are also audited by a firm of licensed certified public accountants. The ACFR for the fiscal year ended June 30, 2022 has been prepared by the City and audited by the certified public accounting firm of Macias Gini & O’Connell LLP (MGO). The ACFR and audit of the City’s financial statements were completed and posted on the City’s website on December 23, 2022, with the link provided to the City Council.
MGO has issued an unmodified (“clean”) opinion on the ACFR, which states that the financial statements are presented fairly in all material respects. In addition to the opinion letter included in the ACFR document, MGO has prepared a separate Report to the City Council.
The purpose of the MGO Report is to communicate the scope of audit procedures performed, significant findings, and other information, such as any disagreements with management, audit adjustments, and significant estimates that are not communicated in the audited financial statements.
Following completion of the ACFR, it was submitted to the Government Finance Officers Association (GFOA) Certificate for Excellence in Financial Reporting program. The GFOA is a nationally recognized nonprofit professional association serving more than 20,000 finance professionals in the United States and Canada, and the Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting.
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Council Staff Report (ID # 4866) Meeting of April 18, 2023 Updated: 4/12/2023 1:01 PM by Alberto Quintanilla Page 2 In addition to the audit of the City’s financial statements and the MGO Report to the City Council, MGO also prepared a compliance report for each of the City’s major federal programs, the City’s internal controls over compliance, and the City’s schedule of expenditures of federal awards. This report, referred to as the Single Audit Report, is required under the audit provisions of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), which applies to all governments that expend $750,000 or more per fiscal year in federal grant awards. In FY 2021/22 the City’s federal expenditures totaled $61.1 million.
The Single Audit Report is specifically designed to assure federal grantor agencies from which the City receives funds that internal controls and compliance with the regulations are maintained, and that appropriate financial statements are properly prepared and submitted when due. The Single Audit Report was completed by MGO on March 29, 2023, with an unmodified opinion of compliance for all major grant programs and a finding of no material internal control weaknesses. If the auditors had found any material internal control weaknesses, they would have been required to report those directly to the City Council and to the federal government.
The FY 2021/22 audit and related reports indicate the City continues to have no material internal control weaknesses.
DISCUSSION/ANALYSIS: The City’s financial statements provide information about the finances of the City in its entirety, as well as information about individual funds. The ACFR is organized into the three sections summarized below.
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Council Staff Report (ID # 4866) Meeting of April 18, 2023 Updated: 4/12/2023 1:01 PM by Alberto Quintanilla Page 3 Introductory Section
The Introductory Section includes the Letter of Transmittal, which is designed to complement the Management’s Discussion and Analysis (the “MD&A”) section, and should be read together to better understand the City’s financial position.
Financial Section
The Financial Section begins with the Independent Auditor’s Report, followed by the MD&A, which serves as an executive summary of the financial statements. Following the MD&A are the Government-Wide Financial Statements, which are designed to provide a broad overview of the City’s finances similar to a private sector business. These statements show the June 30, 2022 fiscal year balances and overall results of operations for all City fund s.
The Statement of Activities identifies functions of the City that are principally supported by taxes and those that receive program revenues. All of the City’s activities are considered to be governmental in nature, and, as a result, no business-type activities are reported in these statements. Governmental activities are those that are principally supported by taxes and program revenues. The governmental activities of the City include general government operations, police services, fire services, human services, capital assets maintenance and operations, recreation and leisure services, community development and environmental services, and interest on long-term debt.
Following the Government-Wide Financial Statements are Fund Financial Statements for all major and non-major funds of the City. A major fund is one of material significance and is determined through prescribed calculations. The General Fund is always considered a major fund by definition. Non-major funds are combined in the Fund Financial Statements for presentation purposes.
The fund-level statements are followed by the Notes to the Basic Financial Statements, which contain information on such topics as: Significant Accounting Policies, Cash and Investments, Capital Assets, Long-Term Obligations, Retirement Benefits, and Other Post- Employment Benefits (OPEB).
The Required Supplementary Information provides budgetary comparison schedules for the General Fund and the major special revenue funds, a discussion of the City’s approach to accounting for its street network infrastructure, schedules reporting changes in the net pension liability and pension contributions, and similar schedules for the net OPEB liability and OPEB contributions.
The Supplementary Section presents fund financial statements for the non-major governmental funds, the internal service funds, and the agency funds. It also includes financial statements for each of the programs constituting the Human Services Fund.
Statistical Section
The last section of the ACFR, which is unaudited, contains schedules of statistical data about the City of Fremont in five major categories: Financial Trends, Revenue Capacity, Debt Capacity, Demographic and Economic Information, and Operating Information. These schedules, generally covering a ten-year period, provide operating context for the financial data presented in the financial section of the ACFR.
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Council Staff Report (ID # 4866) Meeting of April 18, 2023 Updated: 4/12/2023 1:01 PM by Alberto Quintanilla Page 4
The Annual Comprehensive Financial Report is available on the City’s Financial Information web page, and the ACFR opinion letter, the Report to the City Council, and the Single Audit Report are attached to this staff report. Copies are also available for review in the City Clerk’s Office and in the Finance Department.
FISCAL IMPACT: Unmodified audit reports and no material internal control weaknesses are an indication that City funds are being spent appropriately, as intended by the City Council and grantor agencies, and in compliance with federal and state laws. They also help maintain the City’s favorable bond ratings.
ENVIRONMENTAL REVIEW: None required.
LINK to Attachment:
• Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2022
ATTACHMENTS:
• 2022 ACFR Opinion Letter
• 2022 Single Audit Report
• 2022 Report to the City Council
RECOMMENDATION: Receive financial audit reports for Fiscal Year 2021/22 and file.
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ACFR for the Fiscal Year Ended June 30, 2022 | 13
Financial Section
Independent Auditor’s Report
Honorable Mayor and Members
of the City Council
City of Fremont, California
Report on the Audit of the Financial Statements
Opinions
We have audited the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Fremont, Californi a (City), as of and for the fiscal year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents.
In our opinion, the accompanying financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City as of June 30, 2022, and the respective changes in financial position and, where applicable, cash flows thereof for the fiscal year then ended in accordance with accounting principles generally accepted in the United States of America.
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsi bilities under those standard s are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Emphasis of Matter
As discussed in Note 1 to the financial statements, as of July 1, 2021, the City implemented Governmental Accounting Standards Board (GASB) Statement No. 87, Leases. Our opinions are not modified with respect to this matter.
Responsibilities of Management for the Financial Statements The City’s management is responsible for the preparatio n and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of Am erica, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement
, whether due to fraud or error.
Macias Gini & O’Connell LLP
2121 N. California Blvd., Suite 750
Walnut Creek, CA 94596 www.mgocpa.com
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Attachment: 2022 ACFR Opinion Letter (4866 : FY 2021/22 Financial Audit) Independent Auditors’ Report
14 | City of Fremont, California
In preparing the financial statements, management is requi red to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.
Auditor’s Responsibilities for the Audit of the Financial Statements
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fra ud or error, and to issu e an auditor’s report that includes our opinions.
Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with GAAS and Government Auditing Standards, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatemen t of the financial statements, whether due to fraud or error, and design and perform audit procedures re sponsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not fo r the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting polici es used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
• Conclude whether, in our judgment, there are conditi ons or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for a reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control–related matters that we identified during the audit.
Report on Summarized Comparative Information
We have previously audited the City’s financial statements as of and for the fiscal year ended June 30, 2021, and we expressed unmodified opinions on the respective financial statements of the governmental activities, each major fund, and the aggregate remaining fund information in our report dated December 28, 2021. In our opinion, the summarized comparative information presented herein as of and for the fiscal year ended June 30, 2021, is consistent, in all material respects, with the audited financial statements from which it has been derived.
Required Supplementary Information
Accounting principles generally accepted in the Unit ed States of America require that the management’s discussion and analysis, the budgetary comparison schedules, the modified approach for the City’s infrastructure information, the schedules of changes in net pension liability and related ratios, the schedules of pension plan contributions, the schedule of changes in net OPEB liability and related ratios, and the schedule of OPEB plan contributions, as listed in the table of contents, be pres ented to supplement the basic financial statements. Such
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Attachment: 2022 ACFR Opinion Letter (4866 : FY 2021/22 Financial Audit) Independent Auditors’ Report
ACFR for the Fiscal Year Ended June 30, 2022 | 15
information is the responsibility of management and, although not a part of the basic financial statements, is required by the GASB who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements.
We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.
Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The co mbining and individual fund financial statements and schedules are presented for purposes of additional analys is and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to pr epare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prep are the basic financial statements or to the basic financial statements themselves, and other additional proced ures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the individual and combining fund financial statements and schedules are fairly stated, in all material respects, in relation to the basic financial statements as a whole.
Other Information
Management is responsible for the other information included in the annual comprehensive financial report. The other information comprises the introductory and statistical sections but does not include the basic financial statements and our auditor’s report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon.
In connection with our audit of the basic financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report.
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards , we have also issued our report dated December 23, 2022, on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an op inion on the effectiveness of the City’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance.
Walnut Creek, California
December 23, 2022
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Attachment: 2022 ACFR Opinion Letter (4866 : FY 2021/22 Financial Audit) Independent Auditors’ Report
16 | City of Fremont, California
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Attachment: 2022 ACFR Opinion Letter (4866 : FY 2021/22 Financial Audit)
CITY OF FREMONT
Single Audit Reports
For the Year Ended June 30, 2022
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Attachment: 2022 Single Audit Report (4866 : FY 2021/22 Financial Audit)
CITY OF FREMONT
Single Audit Reports
For the Year Ended June 30, 2022
Table of Contents
Page
Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards ............................................................. 1
Independent Auditor’s Report on Compliance For Each Major Federal Program; Report on Internal Control Over Compliance; and Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance .................................. 3
Schedule of Expenditures of Federal Awards ............................................................................................... 7
Notes to the Schedule of Expenditures of Federal Awards ........................................................................... 8
Schedule of Findings and Questioned Costs ................................................................................................. 9
Summary Schedule of Prior Audit Findings and Corrective Action Plan .................................................. 10
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Attachment: 2022 Single Audit Report (4866 : FY 2021/22 Financial Audit) www.mgocpa.com
Macias Gini & O’Connell LLP
2121 N. California Boulevard, Suite 750
Walnut Creek, CA 94596
1 Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards
Honorable Mayor and Members
of the City Council
City of Fremont, California
We have audited, in accordance with the auditing standards gene rally accepted in the United States of America and the standards applicable to financial audits contai ned in Government Auditing Standards , issued by the Comptroller General of the United States ( Government Auditing Standards ), the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Fremont, California (City), as of and for the ye ar ended June 30, 2022, and the related notes
to the financial statements, whi ch collectively comprise the City’s basic financial statements, and have issued our report thereon dated December 23, 2022.
Report on Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for desi gning audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing the ir assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpo se described in the first paragraph of this section and was not designed to identify all deficiencies in in ternal control that might be material weaknesses or significant deficiencies. Given these limitations , during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified.
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance wit h certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on complian ce with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that a re required to be reported under Government Auditing Standards.
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Attachment: 2022 Single Audit Report (4866 : FY 2021/22 Financial Audit)
2 Purpose of this Report
The purpose of this report is solely to describe the scope of o ur testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. A ccordingly, this communication is not suitable for any other purpose.
Walnut Creek, California
December 23, 2022
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Attachment: 2022 Single Audit Report (4866 : FY 2021/22 Financial Audit) www.mgocpa.com
Macias Gini & O’Connell LLP
2121 N. California Boulevard, Suite 750
Walnut Creek, CA 94596
3 Independent Auditor’s Report on Compliance for Each Major Federal Program; Report on Internal Control Over Compliance; and Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance
Honorable Mayor and Members
of the City Council
City of Fremont, California
Report on Compliance for Each Major Federal Program
Opinion on Each Major Federal Program
We have audited the City of Fremont, California’s (City) compli ance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal program s for the year ended June 30, 2022. The City’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.
In our opinion, the City complied, in all material respects, wi th the compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2022.
Basis for Opinion on Each Major Federal Program
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to fi nancial audits contained in Government Audit Standards issued by the Comptroller General of the United States ( Government Audit Standards ); and the audit requirements of Title 2 U.S. Code of Federal Regulation Part 200, Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.
We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We b elieve that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determinat ion of the City’s compliance with the compliance requirements referred to above.
Responsibilities of Management for Compliance
Management is responsible for com pliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control o ver compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City’s federal programs.
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Attachment: 2022 Single Audit Report (4866 : FY 2021/22 Financial Audit)
4 Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards , and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting materia l noncompliance resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncom pliance with the compliance requirements referred to above is considered material if there is a substant ial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with requirements of each major federal program as a whole.
In performing an audit in accordance with GAAS, Government Auditing Standards , and the Uniform Guidance, we:
Exercise professional judgment and maintain professional skepticism throughout the audit.
Identify and assess the risks of material noncompliance, whethe r due to fraud or error, and design and perform audit procedures responsive to those risks. Such pr ocedures include examining, on a test basis, evidence regarding the City’s compliance with the c ompliance requirements referred to above and performing such other procedures as we consider necessary in the circumstances.
Obtain an understanding of the City ’s internal control over com pliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion of the effectiveness of the Ci ty’s internal control over compliance. Accordingly, no such opinion is expressed.
We are required to communicate with those charged with governan ce regarding, among other matters, the planned scope and timing of the audit and any significant defic iencies and material weaknesses in internal control over compliance that we identify during the audit.
Report on Internal Control Over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the norma l course of performing their assigned functions, to prevent, or detect and correct, noncompliance wit h a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal contr ol over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal p rogram that is less severe than a material weakness in internal control over compliance, yet important eno ugh to merit attention by those charged with governance.
Our consideration of internal control over compliance was for t he limited purpose described in Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these l imitations, during our audit we did not
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Attachment: 2022 Single Audit Report (4866 : FY 2021/22 Financial Audit)
5 identify any deficiencies in internal control over compliance t hat we consider to be material weaknesses as described above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified.
Our audit was not designed for the purpose of expressing an opi nion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.
The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.
Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental ac tivities, each major fund, and the aggregate remaining fund information of the City, as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements.
We issued our report thereon dated December 23, 2022, which con tained unmodified opinions on those financial statements. Our audit was performed for the purpose o f forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of add itional analysis as required by the Uniform Guidance and is not a required part of the basic financial stat ements. Such information is the responsibility of management and w as derived from and relates d irectly to the underlying accounting and other records used to prepare th e basic financial statements. T he information has been subjected to the auditing procedures applied in the audit of the financial state ments and certain additional procedures, including comparing and reconciling such information directly t o the underlying accounting and other records used to prepare the basi c financial statements or to th e basic financial statements themselves, and other additional procedures in accordance with auditing standar ds generally accepted in the United States of America. In our opinion, the schedule of expenditures of fed eral awards is fairly stated, in all material respects, in relation to the basic financial statements as a whole.
Walnut Creek, California
March 29, 2023
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Attachment: 2022 Single Audit Report (4866 : FY 2021/22 Financial Audit)
CITY OF FREMONT
Schedule of Expenditures of Federal Awards
For the Year Ended June 30, 2022
Assistance Grant Identifying Number or Federal Amount Passed to Federal Grantor/Pass-Through Grantor/Federal Program Title Listi ng Number Pass-Through Entity Number Expenditures Subrecipients U.S. Department of Agriculture
Direct Program:
SNAP Cluster:
State Administrative Matching Grants for the Supplemental Nutrition Assistance Program 10.561 18-7013 10,657 $ - $ Total U.S. Department of Agriculture 10,657 - U.S. Department of Housing and Urban Development
Direct Programs:
CDBG - Entitlement Grants Cluster:
Community Development Block Grants/Entitlement Grants 14.218 B-17 -MC-06-0011 64,706 64,706 Community Development Block Grants/Entitlement Grants 14.218 B-18 -MC-06-0011 171,904 171,904 Community Development Block Grants/Entitlement Grants 14.218 B-19 -MC-06-0011 160,690 109,875 Community Development Block Grants/Entitlement Grants 14.218 B-20-MC-06-0011 25,772 - COVID-19 - Community Development Block Grants/Entitlement Grants 14.218 B-20-MW-06-0011 438,328 - Community Development Block Grants/Entitlement Grants 14.218 B-21-MC-06-0011 975,091 486,373 Subtotal CDBG - Entitlement Grants Cluster 1,836,491 832,858 Home Investment Partnerships Program 14.239 M-21-DC-06-0001 309,97 9 242,961 Total U.S. Department of Housing and Urban Development 2,146,470 1,075,819 U.S. Department of Justice
Direct Program
Edward Byrne Memorial Justice Assistance Grant Program 16.738 201 9-DJ-BX-0653 11,440 - Total U.S. Department of Justice 11,440 -
U.S. Department of Transportation
Pass-Through State of California Department of Transportation:
Highway Planning and Construction Cluster:
Highway Planning and Construction 20.205 04-5322 546,524 - Pass-Through California Office of Traffic Safety
Highway Safety Cluster:
National Priority Safety Programs 20.616 PT21125 1,466 - National Priority Safety Programs 20.616 PT22173 42,758 - National Priority Safety Programs 20.616 TR21063 24,800 - Subtotal Highway Safety Cluster 69,024 -
Total U.S. Department of Transportation 615,548 - U.S. Department of Treasury
Direct Programs:
Volunteer Income Tax Assistance (VITA) Matching Grant Program 21 .009 V13076 26,204 - COVID-19 - Emergency Rental Assistance Program 21.023 n/a 7,500,72 6 - Pass-Through California Business, Consumer Services, and Housing Agency COVID-19 - Emergency Rental Assistance Program 21.023 21-ERAP-200 13 4,608,346 - Subtotal Emergency Rental Assistance Program 12,109,072 - Direct Program:
COVID-19 - Coronavirus State and Local Fiscal Recovery Funds 21.027 n/a 44,211,563 - Total U.S. Department of Treasury 56,346,839 -
U.S. Department of Health and Human Services
Pass-Through Alameda County Area Agency on Aging:
Special Programs for the Aging, Title III, Part D, Disease Prevention and Health Promotion Services 93.043 900111 39,600 - National Family Caregiver Support, Title III, Part E 93.052 90011 1 100,375 - COVID-19 - National Family Caregiver Support, Title III, Part E 93.052 901939 10,871 - Aging Cluster:
Special Programs for the Aging, Title III, Part B, Grants for Supportive Services and Senior Centers 93.044 900111 102,923 - Pass-Through Alameda County - Oakland Community Action Partnership:
477 Cluster:
Community Services Block Grant 93.569 21F-4002 41,107 - Pass-Through Alameda County Behavioral Health Care Services:
Block Grants for Prevention and Treatment of Substance Abuse 93. 959 900111 290,080 - Medicaid Cluster:
Medical Assistance Program:
Pass-Through State of California Department of Health and Human Services:
Targeted Case Management - Linkages 93.778 01-19EVRGRN 130,984 - Targeted Case Management - Community 93.778 01-19EVRGR N 206,128 - Alameda County Health Care Services - Medi-Cal Administrative Activitie 93.778 19-96008 709,358 - Pass-Through State of California Department of Aging:
Multipurpose Senior Services Program 93.778 MS-2022-37 320,857 - Subtotal Medicaid Cluster 1,367,327 -
Total U.S. Department of Health and Human Services 1,952,283 - Total Expenditures of Federal Awards 61,083,237$ 1,075,819 $ See accompanying notes to the schedule of expenditures of federal awards. 7 2.K.b
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Attachment: 2022 Single Audit Report (4866 : FY 2021/22 Financial Audit)
CITY OF FREMONT
Notes to the Schedule of Expenditures of Federal Awards For the Year Ended June 30, 2022
8 (1) GENERAL
The accompanying Schedule of Expenditures of Federal Awards (SE FA) presents the activity of the federal award programs of the City of Fremont, California (City ). The City’s reporting entity is defined in Note 1 to its basic financial statements. The information i n the SEFA is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). The SEFA includes all federal awards received directly from federal agencies and federal awards passed- through other governmental agencies.
(2) BASIS OF ACCOUNTING
The accompanying SEFA is presented using the modified accrual b asis of accounting for grants as described in Note 1 to the City’s basic financial statements. T he City did not elect to use the 10% de minimis cost rate as covered in 2 CFR section 200.414 Indirect (F&A) costs.
As a result of the COVID-19 pandemic, many new federal programs have been established and funding has been added to existing federal programs. Expenditures fund ed from the following acts are denoted by the prefix COVID-19 in the federal program title in the SEFA (as applicable):
Coronavirus Preparedness and Response Supplemental Appropriations Act Families First Coronavirus Response Act
Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) American Rescue Plan Act (ARP)
(3) RELATIONSHIP TO THE BASIC FINANCIAL STATEMENTS
Expenditures of federal awards are reported in the City’s basi c financial statements as expenditures in the governmental funds. Federal award expenditures agree or can be reconciled with the amounts reported in the City’s basic financial statements.
(4) RELATIONSHIP TO FEDERAL FINANCIAL REPORTS
Amounts reported in the SEFA agree to or can be reconciled wit h the amounts reported in the related federal financial reports.
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Attachment: 2022 Single Audit Report (4866 : FY 2021/22 Financial Audit)
CITY OF FREMONT
Schedule of Findings and Questioned Costs
For the Year Ended June 30, 2022
9 Section I Summary of Auditor’s Results
Financial Statements
Type of auditor’s report issued on whether the financial statements audited were prepared in accordance with U.S.
GAAP:
Unmodified
Internal control over financial reporting:
Material weakness(es) identified? No
Significant deficiency(ies) identified? None reported Noncompliance material to the financial statements noted? No
Federal Awards
Internal control over major programs:
Material weakness(es) identified? No
Significant deficiency(ies) identified? None reported Type of auditor’s report issued on compliance for the major federal programs:
Unmodified
Any audit findings disclosed that are required to be reported in accordance with Uniform Guidance?
No
Identification of major federal programs:
Assistance
Listing Numbers
Name of Federal Program or Cluster
21.023
21.027
Emergency Rental Assistance Program
Coronavirus State and Local Fiscal Recovery Funds
Dollar threshold used to distinguish between type A
and type B programs:
$1,832,497
Auditee qualified as a low-risk auditee? Yes
Section II Financial Statements Findings
None reported.
Section III Federal Awards Findi ngs and Questioned Costs None reported.
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Attachment: 2022 Single Audit Report (4866 : FY 2021/22 Financial Audit)
CITY OF FREMONT
Summary Schedule of Prior Audit Findings and Corrective Action Plan For the Year Ended June 30, 2022
10 Financial Statements and Federal Awards Findings
There were no financial statements nor federal awards findings for the year ended June 30, 2021.
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Attachment: 2022 Single Audit Report (4866 : FY 2021/22 Financial Audit)
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Attachment: 2022 Report to the City Council (4866 : FY 2021/22 Financial Audit) Table of Contents
Page(s)
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Attachment: 2022 Report to the City Council (4866 : FY 2021/22 Financial Audit) www.mgocpa.com
Macias Gini & O’Connell LLP
2121 N. California Boulevard, Suite 750
Walnut Creek, CA 94596
Government Auditing Standards
deficiency in internal control
material weakness
Reasonably possible
Probable
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Attachment: 2022 Report to the City Council (4866 : FY 2021/22 Financial Audit)
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Attachment: 2022 Report to the City Council (4866 : FY 2021/22 Financial Audit) Leases
Accounting for Interest Cost Incurred
before the End of a Construction Period Omnibus 2020
Replacement of Interbank Offered Rates Certain Component Unit Criteria, and Accounting and Financial Reporting for Internal R evenue Code Section 457 Deferred Compensation Plans – an Amendment of GASB Statements No. 14 and No. 84, and a Supersession of GASB Statement No 32 Omnibus 2022
Fair value of investments.
Estimated allowance for losses on notes and loans receivable Depreciation estimates for capital assets, in cluding depreciation methods and useful lives assigned to depreciable assets.
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Attachment: 2022 Report to the City Council (4866 : FY 2021/22 Financial Audit) Net pension and Other Post-Employment Benefits (OPEB) liabilities, contributions, expenses, and other related balances.
Claims liabilities.
Pollution remediation obligations.
Discount rate used for the calculation of lease receivable
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Attachment: 2022 Report to the City Council (4866 : FY 2021/22 Financial Audit) Required Supplementary Information
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Attachment: 2022 Report to the City Council (4866 : FY 2021/22 Financial Audit) Supplementary Information
Other Information
Leases
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Attachment: 2022 Report to the City Council (4866 : FY 2021/22 Financial Audit) Fremont City Council Meeting: 04/18/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4878) DOC ID: 4878
Updated: 4/11/2023 3:50 PM by Alberto Quintanilla Page 1
SECOND AMENDMENT TO THE CITY ATTORNEY EMPLOYMENT AGREEMENT - Consideration of an Amendment to the Employment Agreement between City Attorney Rafael E. Alvarado, Jr. and the City of Fremont Contact Persons:
Name: Tina Gallegos
Title: Human Resources Director
Div/Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]
Executive Summary: The City Council held a Closed Session meeting on April 4, 2023 for the purpose of evaluating the City Attorney’s performance and compensation. Subsequently, Mayor Mei requested that City staff bring forward an amendment to Rafael E. Alvarado, Jr.’s Employment Agreement to provide a five percent merit-based wage increase.
BACKGROUND: City Attorney Rafael E. Alvarado, Jr. has been employed by the City of Fremont since February 2022. The City entered into an employment agreement with Mr. Alvarado on January 12, 2022, and that agreement provides that the City Council may grant a merit adjustment in an amount determined by the Council, to be effective on a date determined by Council.
Mr. Alvarado currently receives an annual salary of $309,750 and a bi-weekly salary of $11,913.
DISCUSSION/ANALYSIS: In recognition of superior job performance over the course of Rafael E. Alvarado, Jr.’s first year of employment as City Attorney with the City of Fremont, Mayor Mei requests that the Council consider a five percent merit-based wage increase, effective upon adoption of the accompanying resolution.
FISCAL IMPACT: The annual cost of the recommended five percent wage increase will be $15,488, which will be absorbed primarily by the General Fund with smaller amounts being absorbed by the Integrated Waste Management Fund and the Risk Management Fund.
ENVIRONMENTAL REVIEW: This action is not a project as defined by Pub. Res. Code Section 21065 and CEQA Guidelines Section 15378(b)(2), as an administrative, fiscal, personnel and policy action. The action is further exempt under CEQA Guidelines Section 15378(b)(4), as the creation of a government funding mechanism or other government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
ATTACHMENTS:
• Draft Resolution City Attorney Second Amendment to Employment Agreement
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Council Staff Report (ID # 4878) Meeting of April 18, 2023 Updated: 4/11/2023 3:50 PM by Alberto Quintanilla Page 2 RECOMMENDATION: Adopt a resolution and authorize the Mayor to execute the second amendment to the City Attorney’s Employment Agreement, which authorizes a merit -based five percent wage increase.
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Resolution 2023-XX Page 1 of 2
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
APPROVING A SECOND AMENDMENT TO THE EMPLOYMENT
AGREEMENT WITH THE CITY ATTORNEY
WHEREAS, the City Council of the City of Fremont entered into an Employment Agreement with City Attorney Rafael E. Alvarado Jr. on January 12, 2022; and
WHEREAS, on July 12, 2022, the Employment Agreement was amended to provide the City Attorney a cost of living wage increase in the amount of five percent (5%), commensurate with the wage increase provided to management employees in FY 2022/2023, as set forth in the Memorandum of Understanding between the City and the Fremont Association of Management Employees; and
WHEREAS, the City Council now desires to further amend the Employment Agreement to provide a merit-based wage increase to Rafael E. Alvarado Jr., as authorized in Sections 3 and
8.B. of the Employment Agreement, in the amount of five percent (5%), effective upon adoption of this resolution.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fremont hereby approves a merit-based wage increase in the amount of five percent (5%) to City Attorney Rafael E. Alvarado Jr., effective up on adoption of this Resolution, and further authorizes the Mayor to execute a Second Amendment to the City Attorney Employment Agreement to provide for the merit increase in a form to be approved by the City Attorney’s Office.
ADOPTED ___________, 2023 by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
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Attachment: Draft Resolution City Attorney Second Amendment to Employment Agreement (4878 : SECOND AMENDMENT TO THE CITY
Resolution 2023-XX Page 2 of 2
ATTEST: APPROVED AS TO FORM:
City Clerk Senior Deputy City Attorney II
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Attachment: Draft Resolution City Attorney Second Amendment to Employment Agreement (4878 : SECOND AMENDMENT TO THE CITY Fremont City Council Meeting: 04/18/23 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Fees & Rates
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4843) DOC ID: 4843
Updated: 4/14/2023 8:03 AM by Alberto Quintanilla Page 1 FEE DEFERRAL PROGRAM AMENDMENT--Citywide--PLN2023-00216 - Public Hearing (Published Notice) to consider Planning Commission recommendation of a City-initiated Zoning Text Amendment amending Title 18 [Planning and Zoning], Chapter 18.290 [Development Impact Fees] of the Fremont Municipal Code to allow market rate residential development projects to defer payment of impact fees until final inspection, issuance of a certificate of occupancy, or the expiration of 18 months from the date of permit issuance, whichever occurs first; and to consider an exemption for the project from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) in that the proposed amendments are not a project which has the potential to cause a significant effect on the environment.
Contact Persons:
Name: Dan Schoenholz
Title: Community Development Director
Div/Dept: Community Development
Phone: 510-494-4438
E-Mail: [email protected]
Executive Summary: On December 6, 2022, City Council approved a 13.65% increase in development impact fees effective July 1, 2023 to keep pace with increases in construction costs as measured by the Engineering News-Record’s Bay Area Construction Cost Index. In conjunction with the fee increase, Council directed staff to return with information regarding potentially allowing market rate residential projects to defer payment of impact fees. On February 7, 2023, staff provided Council with a report. Council indicated support for allowing market rate residential projects to defer impact fees and directed staff to return to Council with a proposed Zoning Text Amendment, with the goal of having the fee deferral in place on July 1, 2023. Staff subsequently prepared the proposed Zoning Text Amendment, and on March 23, 2023, the Planning Commission unanimously recommended that Council adopt the Amendment.
Staff recommends that the City Council adopt the proposed Zoning Text Amendment to FMC Chapter 18.290 to allow market rate residential projects to defer payment of impact, art, and affordable housing fees until after building permit issuance.
BACKGROUND: Development impact fees are established under the Government Code Section 66000 et. seq., known as the Mitigation Fee Act. This act allows local agencies to establish fees to charge new development their fair share of the cost to expand or construct new public facilities to support this new development.
Fremont has five development impact fees, including: Traffic; Capital; Fire; Park Facilitie s; and Parkland. Fremont Municipal Code, Chapter 18.290 establishes the local authority for implementation of these impact fees, including the timing of payment. These five fees include the following:
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Council Staff Report (ID # 4843) Meeting of April 18, 2023 Updated: 4/14/2023 8:03 AM by Alberto Quintanilla Page 2 • Traffic impact fees fund traffic facilities needed to serve new development, including intersection improvements, roadway segment improvements (distances between intersections), bicycle and pedestrian improvements (e.g., sidewalks, bike lanes), signal interconnect improvements (adjustments to signal timing as traffic patterns and intensity change), and general signal/intersection projects (i.e., conversion of non - signalized to signalized intersections when warranted). • Capital facilities fees fund the construction or purchase of buildings, land, and equipment that are part of the system of capital facilities serving new development (e.g., city administration, senior service facilities, police facilities, library service facilities).
• Fire facilities fees fund fire protection facilities in the form of buildings and equipment needed to serve new development.
• Park facilities fees fund the initial facilities and improvements (e.g., play areas, restrooms, ball fields) at City parks.
• Parkland fees fund the acquisition of new parkland to maintain the City’s standard of five acres of parkland per 1,000 residents.
In addition, residential projects sometimes owe two additional fees that were not established under the Mitigation Fee Act, but which are also eligible for deferral:
• Art District Fees: There are four zoning districts that require payment of an art fee:
Downtown, City Center, Warm Springs Innovation, and Ardenwood Technology Park Planned District (P-2015-23) (as specified in the City Planning Code, the timing of payment for such fees is governed by the Impact Fee Ordinance, FMC 18.290, et seq., which this item proposes to amend to allow for deferral of payment.) • Affordable Housing In-lieu Fees: Under the City’s Affordable Housing Ordinance, residential developers have the option to pay a fee toward off-site construction of affordable housing in-lieu of building on-site affordable housing. (per FMC 18.156.070 payment of these fees may be deferred “if approved by the community development director in accordance with the city fee deferral program.”) Until 2009, the impact fee ordinance required payment of impact fees prior to building permit issuance. In 2009, in response to a severe slowdown in development activity due to the economic recession, Council approved an amendment to the development impact fee ordinance to allow deferral of fee payment up to 18 months after building permit issuance or prior to issuance of the certificate of occupancy, whichever came first. The program is implemented via a Deferral Agreement, which is recorded on each property the fees are deferred as a lien. With the lien on the property, the applicant cannot sell the property because lenders will not issue a loan to a purchaser with the lien in place. When the fees are paid, the lien is removed. When this change became effective, the majority of new development applicants requested to defer their impact fees.
In 2019, Council voted to eliminate the fee deferral option for market rate residential projects of two or more units. Reasons for the change included the fact that market rate residential development was exceeding Fremont’s target as established through the
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Council Staff Report (ID # 4843) Meeting of April 18, 2023 Updated: 4/14/2023 8:03 AM by Alberto Quintanilla Page 3 Regional Housing Needs Assessment (RHNA) process, suggesting deferral wasn’t needed to incentivize market rate projects; as well as recognition that the sooner the City received the fee payments, the sooner the funds could be used for fee-supported purposes. The deferral option was retained for affordable housing and for non-residential projects.
As part of the impact fee program, Council typically authorizes annual index-based adjustments to fees to reflect changes in the cost of providing public infrastructure. On December 6, 2022, Council considered an increase in impact fees of 13.65%, effective July 1, 2023. This proposed increase was the highest proposed annual adjustment on record due to unprecedented construction cost increases in the preceding year. During the public hearing on the proposed increase, a speaker representing the Building Industry Association stated that the 13.65% increase would be difficult for developers to accommodate, and requested that Council reinstate the impact fee deferral for market rate residential developers as a way to help market-rate residential projects remain financially feasible. As part of its adoption of the increase, Council directed staff to return with information regarding the pros and cons of restoring the fee deferral option.
On February 7, 2023, staff returned to Council with the requested information and received direction from Council to proceed with the reinstatement of fee deferrals for market rate residential projects.
DISCUSSION/ANALYSIS: The proposed Zoning Text Amendment to FMC Chapter 18.290 would restore the ability of market rate residential projects to defer payment of impact, art, and affordable housing fees until final inspection, certificate of occupancy, or expiration of 18 months from the date of building permit issuance, whichever is shorter.
The effect of restoring the fee deferral option is difficult to predict but likely would be mixed.
On the one hand, by collecting the fees later, the City would use the fees later for infrastructure/affordable housing, which would result in cost increases in an environment of escalating construction costs. There would also be an opportunity cost associated with infrastructure not being able to be utilized as soon.
On the other hand, restoring fee deferrals would lower borrowing costs for residential development, which in some cases could be a deciding factor as to whether or not the project is built. If the fee deferral resulted in more projects being built, it might also result in greater total revenues, allowing for more infrastructure/affordable housing to be constructed. Also, if the fee deferral resulted in more residential projects moving forward, it would assist the City in meeting its regional housing allocations for both market-rate and affordable units.
From an administrative standpoint, reinstating the fee deferral option for market rate residential development would be straightforward, as the systems are already in place for deferrals related to affordable housing and commercial projects.
As noted previously, Council at its February 7, 2023 meeting considered the various potential impacts of restoring the fee deferral option for market rate residential developments. Council ultimately directed staff to return with the necessary ordinance revisions to restore the fee deferral option. On March 23, 2023, the Planning Commission unanimously recommended that Council approve the proposed Zoning Text Amendment.
For clarity, it should be noted that the draft Zoning Text Amendment exhibit presented to
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Council Staff Report (ID # 4843) Meeting of April 18, 2023 Updated: 4/14/2023 8:03 AM by Alberto Quintanilla Page 4 the Planning Commission inadvertently showed, for illustrative purposes, the proposed text changes redlined against a prior version of the Impact Fee Ordinance. The ve rsion attached to this staff report corrects this scrivener’s error and shows the proposed changes redlined against the current version of the Ordinance. There is no substantive distinction between the version considered by the Planning Commission and the version currently before the Council.
PUBLIC NOTICE: On April 3, 2023, notice of tonight's development impact fee hearing was sent to the 2,816 subscribers to the City’s Builders Interest List. The Builders Interest List is used to notify interested persons about construction and development service updates, development fees, policy and program changes, and related outreach efforts.
FISCAL IMPACT: As noted above, the impact of reinstatement of the fee deferral would result in a delay in fee collections, but overall fees would potentially increase if the deferral resulted in more projects being built.
ENVIRONMENTAL REVIEW: The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15378(b) (2), (4) and/or (5), and/or per CEQA Guidelines Section 15061(b)(3), in that it is an administrative or governmental funding mechanism or fiscal activity that does not involve a commitment to any specific project, and in that it is not a project which has the potential to cause a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.
ATTACHMENTS:
• Draft Fee Deferral Ordinance Revision in MT 4-13-23
RECOMMENDATIONS:
1. Hold public hearing.
2. Find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15378(b) (2), (4) and/or (5), and/or per CEQA Guidelines Section 15061(b)(3), in that it is an administrative or governmental funding mechanism or fiscal activity that does not involve a commitment to any specific project nor have in that it is not a project which has the potential to cause a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.
3. Adopt an ordinance, as shown in Exhibit “A,” approving the proposed Zoning Text Amendment PLN2023-00216 to amend FMC Chapter 18.290, Development Impact Fees to allow market rate residential development projects to defer payment of development impact fees after building permit issuance.
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Attachment: Draft Fee Deferral Ordinance Revision in MT 4-13-23 (4843 : Fee Deferral Program Amendment)
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Attachment: Draft Fee Deferral Ordinance Revision in MT 4-13-23 (4843 : Fee Deferral Program Amendment)
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Attachment: Draft Fee Deferral Ordinance Revision in MT 4-13-23 (4843 : Fee Deferral Program Amendment)
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Attachment: Draft Fee Deferral Ordinance Revision in MT 4-13-23 (4843 : Fee Deferral Program Amendment)
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Attachment: Draft Fee Deferral Ordinance Revision in MT 4-13-23 (4843 : Fee Deferral Program Amendment)
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Attachment: Draft Fee Deferral Ordinance Revision in MT 4-13-23 (4843 : Fee Deferral Program Amendment) Fremont City Council Meeting: 04/18/23 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Plans, Policies and Studies
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4799) DOC ID: 4799
Updated: 4/13/2023 7:46 AM by Alberto Quintanilla Page 1 CONSIDER ADOPTION OF THE URBAN FORESTRY MANAGEMENT PLAN - Adopt a resolution to adopt the Urban Forestry Management Plan and make a finding that the Urban Forestry Management Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per Guidelines Sections 15162 and 15163, 15307, 15308, 15304, and 15378(b), and no further environmental review is required at this time.
Contact Persons:
Name: Tara Bhuthimethee Suzanne Wolf
Title: Senior Landscape Architect Community Services Director Div/Dept: Community Services Community Services
Phone: 510-494-4738 510-494-4329
E-Mail: [email protected] [email protected]
Executive Summary: The Urban Forest Management Plan (Plan) is a comprehensive community-based planning document, designed to address the long-term management, growth and preservation of the City’s urban forest, with an overall goal of reducing Greenhouse Gas Emissions (GHG) through tree planting and carbon sequestration. The Plan is the culmination of multiple well-attended public meetings, staff technical committee meetings, review by the Tree Advisory Working Group, and recommendation by the Recreation Commission. The Plan will assist the City with short- and long-term strategic planning goals to highlight the importance of the urban forest as a community asset.
BACKGROUND: In 2019, the California Department of Forestry and Fire Protection (CAL FIRE) awarded the City of Fremont a grant in the amount of $860,000 to fund various urban forestry programs, including conducting an urban tree inventory, creating an Urban Forestry Management Plan (UFMP), tree planting and promoting education and collaboration between the City and the public regarding the value and benefit of trees and the urban forest. The City provided a 25% funding match for existing staff to work on the grant activities and to hire a 2-year temporary Associate Landscape Architect/Urban Forester with an arborist certification to assist with grant related efforts. The City also selected the consulting firm PlanITGeo to assist with the development of the Plan.
The draft Plan was posted to the City’s website for review and public comment on February 2, 2023 (https://www.fremont.gov/government/departments/urban- forestry/urban-forest plan ).
DISCUSSION/ANALYSIS: The scope of work under the grant included the following objectives and deliverables, all of which have been completed and integrated into the Plan.
City-wide Tree Inventory
The comprehensive city-wide Tree Inventory was completed in 2020 and posted on the City’s website
(https://www.fremont.gov/home/showpublisheddocument/1059/637751511021405176 ).
There are 77,387 public trees in the city, 78% of which are street trees with the balance in parks or vacant parcels. The majority are maintained privately by adjacent property owners
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Council Staff Report (ID # 4799) Meeting of April 18, 2023 Updated: 4/13/2023 7:46 AM by Alberto Quintanilla Page 2 while slightly more than 17,000 trees are maintained by the City. The study identified over 23,000 potential planting sites for new trees.
The City also invested in Tree Plotter, a web-based mapping/database software that identifies trees throughout the city and provides the public with detailed information about each tree including location, value, size, etc.
(https://www.fremont.gov/government/departments/urban-forestry/tree-inventory-value).
Tree Planting
Two hundred fifty trees were required to be planted per the grant, however, with the help of community partners, this was exceeded by 173 trees. A total 423 trees were planted, with 85 trees planted in areas of the city identified as a disadvantaged or underserved community (DAC). Moving forward, the City anticipates planting an average of 800 or more trees annually and will gradually increase the tree planting goal over time, as community partners, grant opportunities, and privately maintained street trees increase to grow the urban forest.
Hire an Urban Forester
The City established a Urban Forester position to oversee implementation of the Plan as part of the City’s funding match for the CAL FIRE grant. The employee was hired in August of 2019, but the position is now vacant and recruitment is currently underway.
Community Engagement and Outreach
In addition to the City’s Urban Forestry webpages, a project-specific website was created for the public to learn more about the urban forestry planning process (https://fremonturbanforest.com). A statistically valid survey was launched from September through November of 2021, which received a 12% response rate, resulting in a margin of error of +/- 6%. The survey revealed strong support for a citywide tree canopy goal. In addition, the community is interested in exploring potential funding options for future public tree maintenance.
In August of 2021, a virtual meet and greet was held where over 60 community members attended and asked a total of 140 questions. These questions were either answered directly during the session, via the virtual meeting’s Q&A feature, or followed up by providing responses on the website. The primary topics ranged from tree maintenance, planting, volunteer events, and growing a sustainable urban forest. Shortly after the event, all questions and answers were posted on the project website.
On February 15, 2023, the City assembled the Tree Advisory Working Group to discuss the Plan and receive public comment. Below is a summary of key comments received at the meeting:
• Be more ambitious with canopy goals; there was a desire from the public to plant more trees than the planned quantities
• Hire an Urban Forest manager
• Review the City’s existing tree ordinances
• More closely monitor trees to ensure their longevity
• Continue to build partnerships and collaboration with the community, community partners, and volunteers
• Expand educational resources on trees and continue to promote their value to the community
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Council Staff Report (ID # 4799) Meeting of April 18, 2023 Updated: 4/13/2023 7:46 AM by Alberto Quintanilla Page 3 • Over the next two years, develop a long-term strategy to fund the Urban Forestry program once the grant funding is exhausted in 3 years
Urban Forest Management Plan Framework
Vision
With a healthy, thriving, and sustainable urban forest, Fremont’s trees will be thoughtfully managed in a way to maximize a range of public benefits, including a diverse ecosystem, a vibrant economy and a livable community shared by all.
Five Major Goals
1. Manage the urban forest asset using industry standards, best practices, and adequate resources.
2. Grow the urban forest by planting trees over the life of the plan to increase the tree canopy from its current 14% coverage to 24% coverage throughout the city.
Address tree equity by planting trees in underserved areas and ensure the urban forest is sustainable and resilient to pests, disease, and the effects of climate change.
3. Strengthen the urban forestry program by improving program efficiencies, procedures, training, planning, coordination, and seek additional grant and funding opportunities.
4. Preserve the existing and future urban forest with sound policies, the resources to monitor and enforce regulations, management of tree pests and diseases and integration with other City programs.
5. Strengthen and enhance community partnerships by engaging and supporting resident volunteers, organizations and tree working groups that advocate for the urban forest. Continue to outreach to and educate the community about the benefits of the urban forest.
Actions, Implementation and Monitoring
The framework of the goals, strategies, and actions in the Plan provides the City of Fremont with the means to measure progress and adapt to an everchanging environment and availability of resources. Because the Plan is a 40-year plan (2023-2062), the implementation plan is divided into short-term (0-3 years), mid-term (4-5 years), long-term (over 5 years) and ongoing actions
(https://www.fremont.gov/home/showpublisheddocument/12495/638116393750770000 ).
Hiring the new Urban Forest Manager is a priority, and the City is currently recruiting for this position, although existing Community Services staff will continue to implement and monitor the Plan, and many of the short-term strategies and actions are already underway.
Within the next three years, the Urban Forest Program will focus on the following activities:
• Track tree plantings and maintenance of public trees utilizing tree inventory software
• Align work plans and prepare an annual activity calendar
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Council Staff Report (ID # 4799) Meeting of April 18, 2023 Updated: 4/13/2023 7:46 AM by Alberto Quintanilla Page 4
• Adhere to industry standards and best practices for all City-led tree- related operations
• Provide notices, resources, and information regarding proper maintenance of public trees for adjacent property owners
• Update protocols and procedures for evaluating risk and condition of public trees
• Share internally and externally through messaging and materials the City's urban tree canopy goal of 24% tree canopy cover by 2062
• Plant an average of 800 trees per year in areas that address tree equity and sustainability, gradually increasing the number of tree plantings over time to meet the tree canopy goal listed above
• Review and finalize the recommended tree list and update the City's webpage for "Approved Street Trees"
• Establish a Tree Advisory Working Group (the Tree Advisory Working Group met on February 15, 2023) to meet as needed as part of the Recreation Commission’s objectives.
• Evaluate tree-related ordinances, policies, and regulations to identify changes or new code language that would support the goals of the UFMP
• Develop a communications plan for public outreach, education, and engagement with strategies for clear and consistent design and messaging about the urban forest, and
• Target urban forestry outreach and education to under-represented communities, renters, and non-English speaking residents that aligns with the audiences' values, priorities, and other considerations.
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Council Staff Report (ID # 4799) Meeting of April 18, 2023 Updated: 4/13/2023 7:46 AM by Alberto Quintanilla Page 5 Recreation Commission Recommendation
On March 1st, 2023, at their regularly scheduled meeting, the Recreation Commission voted unanimously to recommend that City Council adopt the Urban Forest Management Plan by resolution and make a finding that the Urban Forest Management Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) as described below.
The Recreation Commission unanimously approved the following actions:
1. Recommend that the City Council make a finding that the Urban Forest Management Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Sections 15162 and 15163, (2) CEQA Guidelines Section 15307, (3) CEQA Guidelines Section 15308, (4) CEQA Guidelines Section 15304 and (5) CEQA Guidelines Section 15378(b).
2. Recommend that the City Council adopt a Resolution to Adopt the Urban Forest Management Plan.
FISCAL IMPACT: The Plan is a comprehensive long-term planning document and there is no fiscal impact. Any operating costs or capital projects will be requested through the City CIP or Operating budget process. The City has received a second State grant of $850,000 from CAL FIRE that will assist with tree planting goals, maintenance of some trees, and public outreach and education through March 2026. Staff has already started working on these initiatives.
ENVIRONMENTAL REVIEW: The Urban Forest Management Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) the proposed amendments are part of the project analyzed in the General Plan EIR (SCH#2010082060) and none of the circumstances necessitating preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163 are present; (2) CEQA Guidelines Section 15307, Class 7, as an action taken by a regulatory agency for the maintenance, restoration, or enhancement of a natural resource, specifically, for the protection of the climate and to prevent further pollution of the air and water; (3) CEQA Guidelines Section 15308, Class 8, as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate and to prevent further pollution of the air and water; (4) CEQA Guidelines Section 15304, Class 4, as a minor alteration to land by adding new landscaping; and (5) CEQA Guidelines Section 15378(b) as it can be seen with certainty that there is no possibility that some of the activities under listed in the Urban Forest Management Plan may have a significant effect on the environment and parts of the plan are too speculative at this time for reasoned analysis and details will be more fully developed later with the appropriate environmental review. There are no previously identified significant effects that are substantially more severe than analyzed in the prior EIR or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis.
ATTACHMENTS:
• Draft Resolution- Urban Forestry Plan
RECOMMENDATIONS:
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Council Staff Report (ID # 4799) Meeting of April 18, 2023 Updated: 4/13/2023 7:46 AM by Alberto Quintanilla Page 6
1. Find that the Urban Forest Management Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Sections 15162 and 15163, (2) CEQA Guidelines Section 15307, (3) CEQA Guidelines Section 15308, (4) CEQA Guidelines Section 15304 and (5) CEQA Guidelines Section 15378(b).
2. Adopt a resolution adopting the Urban Forest Management Plan.
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Resolution 2023-XX Page 1 of 2
DRAFT
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
ADOPTING THE URBAN FORESTRY MANAGEMENT PLAN
WHEREAS, the Urban Forest Management Plan (“Plan”) is a comprehensive community-based planning document, designed to address the long-term management, growth and preservation of the City of Fremont’s (“City”) urban forest, with an overall goal of reducing Greenhouse Gas Emissions (“GHG”) through tree planting and carbon sequestration; and WHEREAS, City staff sought input from the community on creating the Plan, including:
a project-specific website for the public to learn more about the urban forestry planning process; a virtual meet and greet was held where over 60 community members attended and asked a total of 140 questions; the Tree Advisory Working Group was formed to discuss the Plan and receive public comment; and a statistically valid survey was launched from September through November of 2021; and
WHEREAS, with a healthy, thriving, and sustainable urban forest, the Plan will thoughtfully manage Fremont’s trees in a way to maximize a range of public benefits, including a diverse ecosystem, a vibrant economy and a livable community shared by all; and WHEREAS, the framework of the goals, strategies, and actions in the Plan provides the City with the means to measure progress and adapt to an everchanging environment and availability of resources; and
WHEREAS, the Fremont Recreation Commission recommends City Council adoption of the Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds that the Urban Forest Management Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) the proposed amendments are part of the project analyzed in the General Plan EIR (SCH#2010082060) and none of the circumstances necessitating preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163 are present; (2) CEQA Guidelines Section 15307, as an action taken by a regulatory agency for the maintenance, restoration, or enhancement of a natural resource, specifically, for the protection of the climate and to prevent further pollution of the air and water; (3) CEQA Guidelines Section 15308, as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate and to prevent further pollution of the air and water; (4) CEQA Guidelines Section 15304, Class 4, as a minor alteration to land by adding new landscaping; and (5) CEQA Guidelines Section 15378(b) as it can be seen with certainty that there is no possibility that some of the activities under listed in the Urban Forest Management Plan may have a significant effect on the environment and parts of the plan are too speculative at this time for reasoned analysis
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Attachment: Draft Resolution- Urban Forestry Plan (4799 : ADOPTION OF THE URBAN FORESTRY MANAGEMENT PLAN)
Resolution 2023-XX Page 2 of 2
and details will be more fully developed later with the appropriate environmental review. There are no previously identified significant effects which are substantially more severe than analyzed in the prior EIR or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis.
SECTION 2. Based on the information set forth in the report to the City Council dated April 18, 2023, as well as any information submitted to or considered by the City Council during its deliberations on this matter, the City Council adopts the Urban Forest Management Plan, a copy of which is on file in the Office of the City Clerk.
SECTION 3. This resolution shall be effective upon adoption by City Council. On the effective date of this Resolution, all resolutions, which conflict with this Resolution, shall be repealed without further action by the Council.
ADOPTED, ______, 2023 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- Urban Forestry Plan (4799 : ADOPTION OF THE URBAN FORESTRY MANAGEMENT PLAN) Fremont City Council Meeting: 04/18/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4865) DOC ID: 4865
Updated: 4/13/2023 8:24 AM by Alberto Quintanilla Page 1 MAYOR MEI REFERRAL: Appointment to Advisory Bodies
Contact Persons:
Name: Lily Mei
Title: Mayor
Div/Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]
Executive Summary: Appointment to Advisory Bodies.
ATTACHMENTS:
• Human Relations Commission Applications
• Fremont Library Advisory Commission Applications
APPOINTMENTS:
Advisory Body Appointee Term Expires
Human Relations Commission Cecilia Leon 12/31/2026
Library Advisory Commission Felix Lechner 12/31/2025 (Friends of the Library representative)
Library Advisory Commission Lauren Texiera 12/31/2026
Library Advisory Commission Rayland Ho 12/31/2026
Library Advisory Commission Harmesh Sidhu 12/31/2026
RECOMMENDATION: Approve appointments.
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Board and Commission Application
Board or Commission you wish to serve on:
Human Relations Commission
(Planning Commission applicants: Please attach supplemental questionnaire) Submit application to:
Office of the City Clerk
3300 Capitol Avenue, Building A
P.O. Box 5006
Fremont, CA 94537-5006
Personal Information:
Mr. ❑
Mrs. ❑
Ms. ❑
Name: Koruga, Annie K.
Last First MI
Home Address:
Street City State Zip
Home Telephone: Work Telephone: _______________________ E-mail: Fax:___________________________
Resident of the City of Fremont:14 years
Demographic Information:
Ethnicity:
□ American Indian or Alaskan Native □ Chinese
□ Black or African American □ White
□ Afghan □ Vietnamese
□ Mexican □ Filipino
□ Indian □ Pakistani
□ Other Asian origin: ________________ (write-in optional) □ Other African origin: _______________ (write-in optional) □ Other Hispanic, Latino, or Spanish origin:__________ (write-in optional) -1-
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Attachment: Human Relations Commission Applications (4865 : Mayor Mei Referral: Appointment to Advisory Bodies; Boards & Commissions; Gender:
□Male
□Prefer toself-identify(non-binary)
□Female
□Prefernottosay
Language(s) Spoken: English
BackgroundInformation:
Whydoyouwishtoserveasamember of thisBoardor Commission:
SincemovingtoFremontsome14yearsago,I havebeencivicallyinvolvedinourvibrantcommunity, servingandadvocatinginmanyways.I wishtoleveragethisbroadknowledgetocontinuetoserveourcitybybeingavoicefortheLGBTQ+community, andavoiceforyoungerresidents,ensuringadiversearrayofperspectivesarerepresentedontheCityofFremontHumanRelationsCommission.
I havebeendeeplyinvolvedinbothgovernanceandadvocacywork,andunderstandthesometimesdifficultandcomplexprocessofrealizingthevaluesweallholdsodear, whileworkingthroughtherealitiesofoftencomplexandslowmovinggovernanceprocedures.OnthegovernancesideI havepreviouslyservedonbothFremontUnifiedSchoolDistrictandCityofFremontcommissions.I amaproudformermemberoftheYouthAdvisoryCommission.IroutinelyattendCityCouncilMeetingsandhaveattendedtheSFPrideParadewiththeFremontContingentorganizedbytheHRC.Additionally, I amaSeniorSenatorofSocialSciencesatOhloneCollege,andsitontheCurriculumCommitteeandFacultySenate.DuringmytimeinthesepositionsatOhloneCollege,I haveworkedtoensureequitablepracticesincurriculumadoptionprocedures,adequatedatacollectionfortheStudentEquityPlan,andthatthestudentcafeteriaacceptsCalFresh.
Ontheotherhand,I understandthatpassionateadvocatesmustsometimesurgegovernancestructurestotakeamorejustapproach,moreexpediently. Tothatend,I haveservedinmanycapacitiesasanadvocate.I sitontheSteeringCommitteeofFremontForEveryone,ahousingadvocacyorganizationinourcommunitywhichhasrecentlyengagedonFremont’sDraftHousingElement,respectfullysuggestingtweaksandadditionstothatdocument.I alsoamamemberoftheAlamedaCountyCoalitionforFairRedistricting,anorganizationwhichseekstoendgerrymandering,UrbanForestFriends,alocalurbanforestryorganization,andserveasthesecretaryofNilesDiscoveryChurch’sMinistryofSocialConcerns. -2-
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Attachment: Human Relations Commission Applications (4865 : Mayor Mei Referral: Appointment to Advisory Bodies; Boards & Commissions; WhatwouldyoubringbywayofperspectiveorexperiencetothisBoardorCommission:
I havealwaysbeenproudthatFremontworkstobeaninclusive,progressivecity, whichseekstounderstand,notmerelyinspiteofourdifferences,butoftentimesbecauseofthem.Ourfundamentaldifferencesmakeusstrongerasacommunity. AdiverseHumanRelationsCommissionisessentialtorealizingthesegoals,however, andtothatendI wouldbeabletobringlesbianrepresentationtotheHumanRelationsCommission,andwouldbeavoiceforyoungerresidents.
Asacivically-engagedindividual,I havearobustunderstandingofpolicymatters,andhaveengagedwithcomplexpolicyinavarietyofways.AsaproudmemberoftheOhloneCollegeSpeechandDebateTeam,I hadthehonorofrepresentingmyCollegeatthe2022NationalChampionships,andwillbedoingthesamein2023.I havereceivedavarietyofawardsinCollegiateSpeechandDebatewhereI specializeinlimitedpreparationandplatformspeaking,bothofwhichrequirearobustunderstandingandabilitytocoherentlycommunicateaboutcomplicatedcurrenteventsandpolicies.I alsohavethehonorofcontributingtoProjectCensored2023,anannualbookwhichseekstoidentifyandexploretwenty-fiveimportantnewseventswhichdidnotgarnerduecoverage.Fiveentriesarewrittenbyme,includingwhatweredeemedthefirstandsecondmostimportantevents,concerningglobalfossilfuelsubsidiesandwagetheftrespectively.
Employment/Volunteer Information:
Pleaselistanyqualificationsyoufeel wouldprovidepositiveinputtotheworkofthecommission.
Organization: Fremont CreatesDates: Feb2023- Present
Location: Fremont Position(s): PublicityLead
Responsibilities/accomplishments:InFebruary2023IjoinedFremontCreatestocoordinatemanyofthefestivitiesfortheinaugural coordinatedApril asArts,Culture,andCreativityMonthcelebrations.IhavesincecreatedgraphicsforFremontCreatessocial media,runtheorganization’sInstagrampageandco-administertheFacebookPage.Ialsohavecoordinatedwithandbeeninterviewedbylocal reporters,andhavedraftedarticlestoinformthecommunityaboutApril asArts,Culture,andCreativityMonth.
Organization: UrbanForest FriendsDates: Dec2022- Present Location: Tri-CitiesPosition(s): MemberResponsibilities/accomplishments:Ihaveattendedtreeplantings,suggestedmutuallybeneficialwaystointerfacewithcitystaff,coordinatedwithothercommunitymembers,andadvocatedforarobustUrbanForestryManagementPlan.
Organization: AlamedaCountyCoalitionfor Fair RedistrictingDates: 2021- Present -3-
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Attachment: Human Relations Commission Applications (4865 : Mayor Mei Referral: Appointment to Advisory Bodies; Boards & Commissions; Location: AlamedaCountyPosition(s): Member
Responsibilities/accomplishments:AsamemberoftheAlamedaCountyCoalitonforFairRedistricting,IhaveengagedineffortstoeducatecommunitiesabouteffectiveparticipatiomintheredistrictingprocessfortheBoardofSupervisors,andthisincreasedcommunityengagement.Ihavealsocollaboratedtobuildrelationshipsbetweenover60civicandcommunityorganizationstocollectivelyadvocateforfairredistrictingpractices,andhaveengagedwithstatelegislatorsaboutlegislationmandatingindependentredistricting.
Organization: Fremont for EveryoneDates: 2019- Present
Location: FremontPosition(s): SteeringCommitteeMember, PolicyCommitteeCo-ChairFormer TablingTeamLead Responsibilities/accomplishments:Asthetablingteamlead,IorganizedtablingeffortsinsupportoftheHousingNavagationCenteratcommunityevents.AsaSteeringCommitteeMemberIhavebuiltcoalitionswithotherlocal housingadvocacyorganizations,andampartofateamwhichroutinelyengageswithlocal housingpolicyincludingsupportingcouncil andstaffwhenadvocatingforhosuingrelatedgrants,includingforProjectHomekeyfunds.AsaPolicyCommitteeCo-ChairIhaveanalyzedandadvocatedfordatadrivenpolicysuchastheCityofFremont’sSafeParkingStrategyandhaverespectfullyandconstructivelyengagedwithstaffandCityCouncil oncomplexhosuingpoliciessuchasthedrafthousingelement.
Organization: Project CensoredDates: December 2021- Present Location: National OrganizationPosition(s): Researcher / Writer Responsibilities/accomplishments:Iresearchedandwrote11articlesforthe2022-2023cycle,fiveofwhichwereselectedforpublicationinthebookProjectCensored2023.Iamcurrentlyresearchingandwritingarticlesforthe2023-2024cycle.IalsoattendedtheCritical MediaLiteracyConferenceoftheAmericaswithProjectCensored.
Organization: OhloneCollege: SpeechandDebateTeamDates: August 2021- Present Location: FremontPosition(s): TeamMember
Responsibilities/accomplishments:AsaSpeechandDebateTeammember,Ihavereceivednumerousawardsincluding5thplaceinextemporaneousspeakingatthe2022NorthernCaliforniaRegional Championshipsand5thplaceinimpromptuspeakingatthe2023NorthernCaliforniaRegional Championships.In2022IrepresentedOhloneCollegeattheNationalChampionshipsandwill dosoagainin2023.
Organization: AssociatedStudentsof OhloneCollegeDates: August 2021 Location: FremontPosition(s): Senior Senator of Social Sciences, Past PoliciesandResolutionsBranchChair, CurriculumCommitteeMember, FacultySenateMember Responsibilities/accomplishments:Ihavecarriedlegislationon,andchampionednumerousreforms,surroundingLGBTQ+inclusion,facilitiesimprovementsespeciallyconcerningcompost -4-
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Organization: IndivisibleEast BayDates: Feb2023- Present Location: AlamedaCountyPosition(s): DemocracyTeamProject Lead Responsibilities/accomplishments:IhaverecentlysteppedupontotheleadershipteamofIndivisibleEastBay’sDemocracyTeamandamcoordinatinglegislativevisitsforourprioritycampaignswhichincludesupportingvotingrightslegislation.
Organization: NilesDiscoveryChurch: GreenTeamDates: June2021- Present Location: FremontPosition(s): Member
Responsibilities/accomplishments:AsamemberoftheGreenTeamIhaveadvocatedforenvironmental justiceissuesbothwithinNilesDiscoveryChurchandoutsideofit.Forexample,wehavesourcedrecyclablecommunioncupsandalsometwithourCongressionalRepresentativestocommunicateoursupportforafullyfundedjust,greentransition.
Organization: NilesDiscoveryChurch: Ministryof Social ConcernsDates: June2021-Present Location: FremontPosition(s): Secretary
Responsibilities/accomplishments:AstheSecretaryoftheMinistryofSocial Concerns,Irecordtheminutesofeachmeeting.Additionally,IparticipateinanongoingcanandbottledrivetofundNilesDiscoveryChurch’ssupportofchildrenindevelopingnations,andamcollaborativelyleadingonourinstitutionseffortstosupportindigenousissues.
Organization: YouthAdvisoryCommissionDates: March2019- December 2020 Location: FremontPosition(s): Member
Responsibilities/accomplishments:AsacommissionerIcontributedtoorganizingandleadingmultipleeventssuchasanOpenMicPoetrySlam,andHighSchool Conferencefortheyouthofourcity.Ialsoworkedcollaborativelywithyouthadvocatesfromneighboringjurisdictions.
Special awardsor recognitionsyouhavereceived:
2021 Love Hero Award, accepted jointly on behalf of Fremont for Everyone as a SteeringCommitteeMember 5thplaceinextemporaneousspeakingatthe2022NorthernCaliforniaRegional SpeechandDebateChampionships -5-
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Attachment: Human Relations Commission Applications (4865 : Mayor Mei Referral: Appointment to Advisory Bodies; Boards & Commissions; 5thplaceinimpromptuspeakingatthe2023NorthernCaliforniaRegional SpeechandDebateChampionships EducationInformation:
OhloneCollege AssociatesDegree Political Science May2023EducationalInstitution Degree/Diploma Field Year Civicserviceisaprivilegeandresponsibilityof interested, qualified, sincerecitizens. Thevalueandimportanceof wideparticipationof alargenumber of citizenscannot bemeasured. Yourinterest inservingonaboardor commissionof theCityof Fremont isgreatlyappreciated.
General Information: Your applicationisapublicdocument andwill bekeptonfileforoneyear.Ifyouwouldlikeadditional information,pleasecall theCityClerk’sOffice,at(510) 2844060.
Pleasesignanddateyour applicationandsubmit totheOfficeof theCityClerk.
Thankyou.
AnnieKoruga March28,2023__________________________________________ _____________________________Signature Date -6-
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Attachment: Fremont Library Advisory Commission Applications (4865 : Mayor Mei Referral: Appointment to Advisory Bodies; Boards & English and Tagalog
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Attachment: Fremont Library Advisory Commission Applications (4865 : Mayor Mei Referral: Appointment to Advisory Bodies; Boards & Board and Commission Application
Board or Commission you wish to serve on: Library Advisory Commission (Planning Commission applicants: Please attach supplemental questionnaire) Submit application to:
Office of the City Clerk
3300 Capitol Avenue, Building A
P.O. Box 5006
Fremont, CA 94537-5006
Personal Information:
Mr. ❑
Mrs. ❑
Ms. ❑
Name:_________ Ho______________________Rayland_________________________ Last First MI Home Address: ____
Street City State Zip Home Telephone:_ _________ Work Telephone:_ ________
E-mail: _______________ Fax:___________________________ Resident of the City of Fremont:____19______ years
Background Information:
Why do you wish to serve as a member of this Board or Commission: I like to serve in the Library Advisory Commission because I want to contribute to the city where I live. I love reading a lot, and I have been a frequent visitor of the Fremont Main Library ever since I was young. To me, it is meaningful if I can help promote reading to the citizens in our city. I want to share the joy of reading. I hope I can be part of the Commission and help improve our libraries.
What would you bring by way of perspective or experience to this Board or Commission: I was a former student Library Advisory Commissioner (when I was a high school student). I am familiar with how this Commission operates. Now that I am an adult, I want to return to this commission and share my ideas on how to make the library a better place. I can discuss the issues related
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Attachment: Fremont Library Advisory Commission Applications (4865 : Mayor Mei Referral: Appointment to Advisory Bodies; Boards & to use of the library and help in developing the library’s collection and outreach programs.
Employment/Volunteer Information:
Please list any qualifications you feel would provide positive input to the work of thecommission.
Organization: EzFuncoding_______________________Dates:Feb 2019 to Sept 2023 Location:____Fremont________________ Position(s):__JavaInstructor Responsibilities/accomplishments:I develop the beginningJava curriculum and teach school children through games and projects.__
Organization: Private Math Tutor Dates: 2021 -present
Location: Position(s): private tutor
Responsibilities/accomplishments: I privately tutored students from 5th grade to 10th grade.
Designed lessons and worksheets for each student.
Organization:_______________________________________ Dates:____________________ Location:________________________________ Position(s):___________________________ Responsibilities/accomplishments:________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Organization:_______________________________________ Dates:____________________ Location:________________________________ Position(s):___________________________ Responsibilities/accomplishments:___________________________________________ -2-
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Attachment: Fremont Library Advisory Commission Applications (4865 : Mayor Mei Referral: Appointment to Advisory Bodies; Boards & Community Activitiesthat you have been involved with (feel free to attach separate pages):
Home of Hope volunteer 2019- present Name of Organization Position/Responsibilities/Accomplishments Dates Worked with local food banks to grant volunteer opportunities for students; fed over 30unhoused people in San Francisco; made 60+ bags with food, drinks and hygienic products.
Call 4 Needy Copts volunteer 2021-present
Name of Organization Position/Responsibilities/AccomplishmentsDates Taught conversational and written English. Focused on enhancing pronunciation and fluency.Developed lesson plans, review notes and practice sheets.
Special awards or recognitions you have received:_____________________________ ___________________________________________________________________________ ___________________________________________________________________________ Education Information:
Mission College AA 2023
Educational Institution Degree/Diploma Field Year Additional Information(Please provide any other informationwhich you feel would be useful tothe City Council in reviewing your application.) ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________________________________ Civic service is a privilege and responsibility of interested, qualified, sincere citizens.
The value and importance of wide participation of a large number of citizens cannot be measured. Your interest inservingonaboardor commissionoftheCityofFremontisgreatly appreciated. -3-
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Attachment: Fremont Library Advisory Commission Applications (4865 : Mayor Mei Referral: Appointment to Advisory Bodies; Boards & General Information: Your application is a public document and will be kept on file for one year.If you would like additional information, please call the City Clerk’s Office, at (510) 284-4060.
Please sign and date your application and submit to the Office of the City Clerk.
Thank you.
Rayland Ho 1/10/2023
Signature Date -4-
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Board and Commission Application
Board or Commission you wish to serve on: Library Advisory Commission
(Planning Commission applicants: Please attach supplemental questionnaire)
Submit application to:
Office of the City Clerk
3300 Capitol Avenue, Building A
P.O. Box 5006
Fremont, CA 94537-5006
Personal Information:
Mr. ❑
Mrs. ❑
Ms.
Name: ___________Teixeria________________Lauren_____________________S._____ Last First MI
Home Address:
Home Telephone: Work Telephone: _______________________
E-mail: ____ ______________ Fax:___________________________
Resident of the City of Fremont: ___48_________ years
Demographic Information:
Ethnicity:
□ American Indian or Alaskan Native □ Chinese
□ Black or African American X White
□ Afghan □ Vietnamese
□ Mexican □ Filipino
□ Indian □ Pakistani
□ Other Asian origin: ________________ (write-in optional) □ Other African origin: _______________ (write-in optional) □ Other Hispanic, Latino, or Spanish origin: __________ (write-in optional)
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Gender:
□ Male □ Prefer to self-identify
X Female □ Prefer not to say
Language(s) Spoken: English
Background Information:-
Why do you wish to serve as a member of this Board or Commission:
I am a life-long library advocate and have lived in Fremont since 1975, starting as a senior at Washington High School in 1975, through my adulthood, raising a family, and working a career as Children’s Services Librarian until my retirement in September 2021. I have dedicated my life to providing library services, programming, and community outreach for families and children, both professionally and as private citizen. I served on the Fremont Library Advisory Commission from 1988 to 1991 while I was a graduate student in Library and Information Science at San Jose State University. Now that I am retired, I would be honored to serve again on the Library Advisory Commission. By serving on the Library Advisory Commission, I would be able to serve my community with the skills and outlook of a librarian. And, personally, being of service into my retirement has always been an ultimate goal for me. ____________________________________________________________________________
What would you bring by way of perspective or experience to this Board or Commission :
I have worked or volunteered for libraries for my entire adult life and have lived in Fremont for 48 years. I have raised my children in Fremont and now have grandchildren who live and go to school in Fremont. In my capacity as librarian, I served as a union steward and as Assistant Chief Library Steward for SEIU 521 and worked on negotiations and planning with library management. In addition, I founded and directed the California Indian Storytelling Association, a non-profit, from 1995 to 2015. I wrote a book on the Ohlone Indians and worked on local history research. The research and writing of the book, The Coastanon/Ohlone Indians of the San Francisco and Monterey Bay Area: A Research Guide, lead me to gain a unique perspective on my community and its history. ____________________________________________________________________________
Employment/Volunteer Information:
Please list any qualifications you feel would provide positive input to the work of the commission.
Organization: Santa Clara County Library District Dates: June 1995 to September 2021
Location: Milpitas and Alum Rock__ Position(s): Children’s Services Librarian
Responsibilities/accomplishments: Provided library programming, collection development and community outreach for families and children. I organized Youth Poetry Slams with a Teen Librarian from 2005 to
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2019. I created and presented the library podcast, The Storytime Seedlings: a Podcast for Early Childhood Literacy, from 2018 to 2021.
____________________________________________________________________________
Organization: The California Indian Storytelling Association (CISA) Dates: 1995 to 2015
Location: Fremont Position(s): Executive Director
Responsibilities/accomplishments: I was a founder of CISA, a 501 (c) (3) nonprofit and as the ED, I worked with a state-wide Board of Directors and representatives of Indigenous tribes in California in the presentation of storytelling festivals and gatherings in support of indigenous cultural traditions in California, Oregon, Washington and Hawaii. I wrote grant proposals and raised funding in support of our events and storytellers.
____________________________________________________________________________
Organization: _Oakland Public Library Dates: October 1994 to June 1995
Location: Oakland Main Library Position(s): Librarian for the Books for Wider Horizons
Responsibilities/accomplishments: Trained community volunteers to present storytimes at Head Start Centers throughout Oakland, as well as provided training for Head Start parents in early literacy and storytelling and organized regular library visits for Head Start preschool students to their local Oakland Public Library branch.
____________________________________________________________________________
Organization: Alameda County Library Fremont Main and Centerville Dates: 1979 to 1986
Location: Fremont Main and Centerville libraries Position(s): Library page/clerk (1979 to 1985) and Library Assistant for Young Adult Services (1985 to 1986), SAN Librarian (1992 to 1995)
Responsibilities/accomplishments: As a SAN (Services-AS-Needed) Librarian I worked primarily on the reference desk at all of the libraries in Fremont, as a YA Library Assistant I presented programs, visited High Schools in Fremont, developed the teen library collection at Centerville Library and worked on the reference desk. As a library page/clerk I shelved books and other items, worked on the check out desk and checked in returned materials.
___________________________________________________________________________
Community Activities that you have been involved with (feel free to attach separate pages):
Centerville Jr High/Glenmoor Elementary Storyteller and trainer of students in storytelling 1994 to 1995 Name of Organization Position/Responsibilities/Accomplishments Dates ____________________________________________________________________________
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PTA Glenmoor Elementary/Centerville Jr High/Washington High School Parent Volunteer 1985 to 1998 Name of Organization Position/Responsibilities/Accomplishments Dates
____________________________________________________________________________
Special awards or recognitions you have rece ived: My 1991 masters thes is in Library Science was published as a book by Ballena Press in 1997, The Costanoan/Ohlone Indians of the San Francisco a nd Monterey Bay Area: A Research Guide.
____________________________________________________________________________
Education Information:
San Jose State University MLS -- Masters in Library Science 1991 Educational Institution Degree/Diploma Field Year
California State University, Hayward BA Liberal Studies/English Concentration 1988 Educational Institution Degree/Diploma Field Year
Additional Information (Please provide any other information which you feel would be useful to the City Council in reviewing your application.)
I am a retired Children’s Services Librarian. I worked for Santa Clara County Library from June 1995 to September 2021. In addition, I have worked in libraries from 1979 until my retirement, first as a library page/clerk, then Library Assistant and Librarian in both Alameda and Santa Clara County. I was honored to serve on the Fremont City Library Advisory Commission from 1988 to 1991 while I was a graduate student in Library Science. During my tenure the Library Commission provided consultation in the building and opening of the Fremont Main Library (1988 to 1989). ____________________________________________________________________________
Civic service is a privilege and responsibility of interested, qualified, sincere citizens. The va lue and importance of wide participation of a large number of citizens cannot be measured. Your interest in serving on a board or commission of the City of Fremont is greatly appreciated.
General Information: Your application is a public document and will be kept on file for one year. If you would like additional information, please call the City Clerk’s Office, at (510) 284-4060.
Please sign and date your application and submit to the Office of the City Clerk.
Thank you.
Lauren S. Teixeira April 4, 2023
Signature Date
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