Fremont City Council
June 6, 2023

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
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
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
June 06, 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 lobby
doors open approximately 15 minutes prior to the
start of the meeting. The public is strongly
encouraged but not required to wear masks.

Submission of Public Comments: For those wishing
to make public comments at the June 6, 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 - June 06, 2023

June 6, 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: 835 5417 6262. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/83554176262
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.

June 6, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
June 06, 2023
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

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

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

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

1. APPROVAL OF MINUTES – for the Regular Meeting of May 2, 2023, the Regular Meeting of May 9, 2023, and the Special and Regular Meetings of May 16, 2023
Contact Persons:

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

RECOMMENDATION: Approve minutes.

C. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING CHAPTER 10.05 (TRAFFIC REGULATIONS) OF THE

FREMONT MUNICIPAL CODE TO CONTINUE THE MISSION PEAK PERMIT

PARKING PROGRAM
RECOMMENDATION: Waive second reading and adopt ordinance amending Chapter 10.05 (Traffic Regulations) of the Fremont Municipal Code to continue the Mission Peak Permit Parking Program.

June 6, 2023 Fremont City Council Page 4
D. FY 2023/24 SB1 PROJECT LIST - Adopt a Resolution Approving a List of Projects for Funding by Revenues Authorized by the Road Repair and Accountability Act of 2017 (SB1) to Align with State Guidelines for Use of Funds.

Contact Persons:

Name: Connie Wong Hans Larsen
Title: Principal Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4782 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a Resolution Approving a List of Projects Funded by SB1, the Road Repair and Accountability Act for FY 2023/24.

E. NATIONAL OPIOID SETTLEMENT FUNDS – Authorize the City Manager to Execute Participation Forms and State Agreements Related to National Opioid Settlements; Ratify Documents; Accept and Appropriate Settlement Funds for the Provision of Prevention, Intervention, Treatment, and Harm Reduction Services to Address the Impact of Opioids on Youth and Adults in Fremont; Make Findings of CEQA Exemption
Contact Persons:

Name: Annie Bailey Rocio Fierro
Title: Youth and Family Services
Administrator
Senior Deputy City Attorney II
Dept: Human Services Department City Attorney's Office
Phone: 510-574-2111 510-284-4033
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Find the action is exempt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, per CEQA Guidelines Sections 15378(b)(4) and 15061(b)(3).

2. Authorize the City Manager or designee to execute new participation forms and state agreements related to National Opioid Settlements and to ratify agreements and documents previously executed.

3. Accept and appropriate $202,302.61 and future funding that may become available from opioid settlements for the provision of prevention, intervention, treatment, and harm reduction services to address the impact of opioids on youth and adults in Fremont.

F. SB1205 ANNUAL FIRE INSPECTION PERFORMANCE REPORTING - Adopt a Resolution Acknowledging the Fremont Fire Department’s Report Regarding Performance of Annual Fire Inspections Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code Contact Persons:

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

RECOMMENDATION: Adopt a resolution recognizing the Fremont Fire Department’s level of compliance with California Health and Safety Code Sections 13146.2 and 13146.3.

June 6, 2023 Fremont City Council Page 5
G. MASTER SERVICES AGREEMENT FOR TREE PLANTING AND PROVIDING YOUNG TREE CARE SERVICES -Authorize the City Manager or her Designee to Execute the Master Services Agreement with JTS Tree Expert, Inc. for Tree Planting and Providing Young Tree Care Services
Contact Persons:

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

RECOMMENDATION: Authorize the City Manager or her designee to execute the agreement with JTS Tree Expert, Inc., with a total not to exceed amount of $320,000.

H. COMMUNITY CAMERA REPLACEMENTS - Authorize the City Manager, or Designee, to enter into Agreement and Issue Purchase Orders with Epic iO Technologies, Inc. in an amount not to exceed $236,409, and Neology, Inc. in an amount not to exceed $164,000 for the purchase and installation of replacement cameras in the Community Camera Program
Contact Persons:

Name: Jared Morrison Eric Tang
Title: Special Operations Division
Lieutenant
Police Captain
Dept: Police Department Police Department
Phone: (510) 790-6906 (510) 790-6900
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to execute an agreement and issue a purchase order with Epic iO Technologies, Inc. in an amount not to exceed $236,409 for high-definition color cameras, associated parts, installation and maintenance.

2. Authorize the City Manager, or designee, to execute an agreement and issue a purchase order with Neology, Inc. in an amount not to exceed $164,000 for replacement LRP cameras.

I. ANNUAL APPROVAL OF INVESTMENT POLICY - Annual Approval of Investment Policy and Delegation of Authority to City Treasurer to Manage Investments
Contact Persons:

Name: Mario Rosas David Persselin
Title: Purchasing and Accounts
Payable Division Manager
Finance Director
Dept: Finance Department Finance Department
Phone: 510-494-4637 510-494-4631
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution approving the City’s Investment Policy for FY 2023/24 and delegating the City Council’s authority to invest and reinvest public funds, and to sell or exchange securities so purchased, to the Finance Director/Treasurer for one year or until earlier revoked by the City Council.

June 6, 2023 Fremont City Council Page 6
J. AGREEMENTS FOR PLAYGROUND EQUIPMENT - Authorize the City Manager or her Designee to Execute Agreements with GameTime and Ross Recreation Equipment for Playground Equipment at Kennedy and Sabercat Playground Sites Located at Central Park
Contact Persons:

Name: Juan Barajas Suzanne Wolf
Title: Parks Superintendent Community Services Director Dept: Community Services Community Services
Phone: 510-979-5780 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute an Agreement with Ross Recreation Equipment in an amount not to exceed $132,000 for playground equipment at Kennedy playground site at Central Park.

2. Authorize the City Manager or designee to execute an Agreement with Gametime in an amount not to exceed $127,000 for playground equipment at Sabercat playground at Central Park.

K. CITY BUILDING FIRE AND SECURITY PROTECTION - Approval of Service Agreement with Pyro-Comm Systems for Fire Alarm and Intrusion Alarm Monitoring, Inspection, Testing, and Maintenance; and Fire Sprinkler Inspection, Testing and Maintenance for City-Owned Buildings, in the Amount Up to $1,669,612.24 for a Five-Year Period; Make Findings of CEQA Exemption.

Contact Persons:

Name: Pat Kendrick Hans Larsen
Title: Building Maintenance
Manager
Public Works Director
Dept: Public Works Public Works
Phone: 510-979-5768 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or designee to execute a Service Agreement with Pyro-Comm Systems Inc. to provide Fire Alarm and Intrusion Alarm Monitoring, Inspection, and Maintenance; and Fire Sprinkler Inspection Testing and Maintenance services effective July 1, 2023, through June 30, 2024, with an option to extend services for four additional one-year terms, with a total contract amount for a five-year period not to exceed $1,669,612.24.

L. WASHINGTON BOULEVARD STREET VACATION - Initiation of a Proceeding to Consider Vacation of a Portion of Washington Boulevard Near Ellsworth Street and Set a Public Hearing on July 11, 2023 at 7:00 PM.

Contact Persons:

Name: Yiu Kei Louie Hans Larsen
Title: Engineer II (Civil) Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4727 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: By motion, initiate a general vacation proceeding pertaining to a portion of Washington Boulevard near Ellsworth Street, and directing the City Clerk to set a Public Hearing on July 11, 2023, at 7:00 PM.

June 6, 2023 Fremont City Council Page 7
M. ACCEPTANCE OF GIFT FOR TRI-CITY ANIMAL SHELTER - Acceptance of Bequest from Tasos Belias for the Tri-City Animal Shelter; Delegate Authority to City Manager or Designee to Execute Termination and Release Agreement
Contact Persons:

Name: David Persselin Kelly Miott
Title: Finance Director Animal Services Manager
Dept: Finance Department Animal Services
Phone: 510-494-4631 (510) 790-6646
E-Mail: [email protected] [email protected]

RECOMMENDATIONS: Adopt a resolution:

1. Accepting and acknowledging the gift from the Belias Trust.

2. Authorizing the City Manager or designee to execute the Termination and Release Agreement.

3. Recognizing donation revenue of $337,279, and any subsequent trust distributions, in the Miscellaneous Special Revenue Fund (Fund 210) for the benefit of the Tri-City Animal Shelter (Organization Code 21021910 – Animal Shelter Donations).

N. PARTICIPATION IN COUNTY HOME PROGRAM - Request for Continued Participation in the Alameda County HOME Investment Partnership Act (HOME) Program Consortium
Contact Persons:

Name: Robert Lopez Suzanne Shenfil
Title: CDBG Administrator Director
Dept: Human Services Department Human Services Department Phone: 510-574-2043 510-574-2051
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution:

1. Approving the City’s continued participation in the Alameda County HOME Program Consortium for the next three Federal Fiscal Years 2024/25, 2025/26 and 2026/27 for the purpose of securing federal HOME funds and making findings of CEQA exemption; and

2. Authorizing the City Manager or her designee to execute the participation agreement between the City and Alameda County, to take all actions necessary for participation in the Consortium, and to execute the necessary documents to maintain the eligibility of the Consortium for HOME program funds in accordance with the National Affordable Housing Act of 1990.

June 6, 2023 Fremont City Council Page 8

3. Ceremonial Items
A. Proclamation: National Gun Violence Awareness Day
B. Proclamation: Pride Month – June 2023

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

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items
A. THE OLD SCHOOL MILLS ACT CONTRACT (PLN2023-00129) - To consider the Historical Architectural Review Board’s recommendation to approve a Mills Act Historical Property Contract for “The Mission Elementary School” (former Mission Elementary School and City Hall) located at 43551 Mission Boulevard in the Mission San Jose Community Plan Area; and to consider an exemption from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Project).

Contact Persons:

Name: Mayank Patel Dan Schoenholz
Title: Associate Planner Community Development Director Dept: Community Development Community Development
Phone: (510) 494-4450 510-494-4438
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Hold public hearing.

2. Adopt a Resolution that:
a. Finds that the project is categorically exempt from the Calif ornia Environmental Quality Act (CEQA) under CEQA Guidelines §15061, §15183, and §15378.
b. Finds that the proposed Mills Act Contract (PLN2023 -00129), as shown in Exhibit C, is consistent with and supportive of the City of Fremont’s General Plan goals and po licies f or historic preservation and the provisions of Fremont Municipal Code Chapter 18.175, the Historic Resources Ordinance. c. Approves the Mills Act Contract, as shown in Exhibit C, based on the findings and subject to the conditions in Exhibit B, and authorize the Mayor or designee to execute the final contract.

June 6, 2023 Fremont City Council Page 9
B. FIRST PUBLIC HEARING ON FY 2023/24 PROPOSED OPERATING BUDGET - First Public Hearing (Published Notice) on FY 2023/24 Proposed Operating Budget
Contact Persons:

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

RECOMMENDATIONS:

1. Hold a public hearing.

2. Provide direction to staff on issues pertaining to the FY 2023/24 Proposed Operating Budget.

C. CAPITAL IMPROVEMENT PROGRAM - First Public Hearing (Published Notice) on the Proposed FY 2023/24 - 2027/28 Capital Improvement Program and Two-Year Capital Budget
Contact Persons:

Name: Hans Larsen Suzanne Wolf
Title: Public Works Director Community Services Director Dept: Public Works Community Services
Phone: 510-494-4722 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Hold a public hearing.

2. Receive information and consider all capital improvement projects proposed for the Five-Year FY 2023/24-2027/28 CIP.

3. Provide direction as needed on the FY 2023/24-2027/28 Proposed CIP, for consideration on June 13, 2023.

6. Other Business
A. ADOPTION OF LEGISLATIVE FRAMEWORK AND SUPPORT OF ASSEMBLY BILL 1657- Consideration and Adoption of the Legislative Framework and Authorize Mayor Mei to Transmit a Letter in Support of AB 1657 (The Affordable Housing Bond Act of 2024) to Assembly Member Buffy Wicks Contact Persons:

Name: Geneva Bosques Amanda Gallo
Title: Director of Communications
and Legislative Affairs
Management Analyst II
Dept: City Manager's Office City Manager's Office
Phone: 510-284-4094 510-284-4016
E-Mail: [email protected] [email protected]

RECOMMENDATIONS: By motion:

1. Adopt the Legislative Framework.

2. Authorize the City Manager to implement the City's legislative work plan.

3. Authorize the City Manager, Mayor, or designee to transmit documents that are consistent with these guiding principles and priorities.

4. Authorize Mayor Mei to transmit a letter of support on behalf of the City of Fremont in support of AB 1657 to Assemblymember Buffy Wicks (14 th District), Chair of the Assembly Committee on Housing and Community Development.

June 6, 2023 Fremont City Council Page 10

7. Items Referred by Councilmembers
A. Councilmember Referrals
B. Appointments to Boards, Commissions, Committees

1. MAYOR MEI REFERRAL: Appointment to Advisory Body
Contact Persons:

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

APPOINTMENT:

Advisory Body Appointee Term
Expires

Economic Development Advisory Commission Matt Senekeremian (Chamber of Commerce Representative)

RECOMMENDATION: Approve appointment.

C. Legislative Actions
D. Report on Committee Assignments

8. Adjournment
June 6, 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

June 6, 2023 Fremont City Council Page 12

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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 CANCELLED: CC/FUSD
Liaison Committee Meeting Live
July 4, 2023 CANCELLED: City Council
Meeting
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 CANCELLED: CC/FUSD
Liaison Committee Meeting
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 CANCELLED: CC/FUSD
Liaison Committee Meeting Live
Monday,
October 2, 2023 5:30 p.m. CC/FUSD Joint Meeting Council Chambers Live
October 3, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
October 10, 2023 7:00 p.m. City Council Meeting Council Chambers Live
October 17, 2023 7:00 p.m. City Council Meeting Council Chambers Live
October 24, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
October 31, 2023 No City Council Meeting
(5th Tuesday)
November 7, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 14, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 21, 2023 7:00 p.m. City Council Meeting Council Chambers Live

Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4936) DOC ID: 4936
Updated: 5/26/2023 4:46 PM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Regular Meeting of May 2, 2023, the Regular Meeting of May 9, 2023, and the Special and Regular Meetings of May 16, 2023 Contact Persons:

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

APPROVAL OF MINUTES – for the Regular Meeting of May 2, 2023, the Regular Meeting of May 9, 2023, and the Special and Regular Meetings of May 16, 2023

ATTACHMENTS:
• Draft Minutes

RECOMMENDATION: Approve minutes.

2.B.1
Packet Pg. 13

*Consent Items

MINUTES

FREMONT CITY COUNCIL MEETING
MAY 2, 2023

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

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

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

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

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Karena Shackelford introduced City Staff. There were no community announcements.

E. Report Out of Closed Session – None.

2. CONSENT CALENDAR

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

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

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

* B. Approval of Minutes

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

See Green Sheet on file regarding correction to April 4, 2023 Special Meeting Minutes.

2.B.1.a
Packet Pg. 14
Attachment: Draft Minutes (4936 : Approval of Minutes - 2023-05-02 - 2023-05-16)

*Consent Items

On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council approved minutes for the Special and Regular Meetings of April 4, 2023, and the Regular Meeting of April 18, 2023, including correction.

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

* C. Mayor Mei opened consideration of Second Reading and Adopt ion of an Ordinance of the City of Fremont Amending Title 18 (Planning and Zoning) Chapter 18.290 of the Fremont Municipal Code to Allow Market Rate Residential Development Projects to Defer Payment of Fees for up to 18 Months and Making Findings of CEQA Exemption

On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council waived second reading and adopted Ordinance No. 04-2023 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.

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

* D. Mayor Mei opened consideration to Authorize the City Manag er, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with Solutions Simplified, for the Annual Software Licenses of the Zscaler Internet Access (ZIA) Web Content Monitoring and Security

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

1. Authorized the City Manager, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with Solutions Simplified, for the Annual Software Licenses of the Zscaler Internet Access (ZIA) Web Monitoring and Security.

2. Authorized the City Manager , or designee, to renew the Annual Software Licenses of the Zscaler Zero Trust Security Platform with Solutions Simplified, for an additional one- year term in an amount not-to-exceed $45,932.00.

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

2.B.1.a
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*Consent Items

* E. Mayor Mei opened consideration to Authorize the City Manag er to Enter into an Amendment with Alameda County for Homeless Housing and Prevention Funds to Support the Housing Navigation Center and Other Services and Make Findings of CEQA Exemption

On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council authorized the City Manager, or her designee, to 1) enter into an amendment for HHAP funding with Alameda County, in an amount not to exceed $1,314,714, for eligible services, including interim housing such as the Housing Navigation Center, permanent housing, and affordable or supportive housing operating subsidies, from July 1, 2023 to June 30, 2024; 2) further amend this agreement to extend the term through June 30, 2025, and include additional Round 4 funding released by the State; 3) and make findings of CEQA exemption as specified in this Report.

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

* F. Mayor Mei opened consideration to Approve Purchase Order w ith Deere & Company for the Purchase of Two Wide Area Lawn Mowers in an Amount Not to Exceed $170,940.62, through a Cooperative Agreement with Sourcewell; Exempt from CEQA Review per Guideline 15061. (Fleet Vehicles)

On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council found the action is exempt from CEQA review per CEQA Guideline 15061 and authorized the City Manager or designee to execute a purchase order with Deere & Company for the purchase of two wide area lawn mowers in an amount not to exceed $170,940.62

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

* G. Mayor Mei opened consideration to Authorize the City Manag er or their Designee to enter into an Agreement with EdeColigny Consulting, LLC, for the planning and development of a City-wide Strategic Plan to Respond to Homelessness, in the amount of $112,000

On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council authorized the City Manager or their Designee to enter into an Agreement with EdeColigny Consulting, LLC, for the planning and development of a City-wide Strategic Plan to Respond to Homelessness, in the amount of $112,000.

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*Consent Items

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

* H. Mayor Mei opened consideration to Authorize the City Manag er to Execute Amendments Extending the Term of Agreement with Eden Housing Resident Services, Inc., to Provide Senior Service Coordination Services at Senior Housing Facilities in Fremont through December 2024 and Making Findings of CEQA Exemption

On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council authorized the City Manager, or her designee, to extend the terms of the City’s senior housing service coordination agreement with Eden Housing Resident Services, Inc. (Eden), by two additional one-year terms, in an amount not to exceed $194,174 for the calendar year of January 1, 2023 through December 31, 2023 and $205,826 for the calendar year of January 1, 2024 through December 31, 2024, and make findings of CEQA exemption as specified in the staff report.

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

* I. Mayor Mei opened consideration to Authorize the City Manag er, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with ePlus Technology, Inc., for the Annual Software Licenses of the Crowdstrike Endpoint Detection and Response (EDR) Solution.

On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council authorized the City Manager, or designee, to issue a purchase order and to execute implementing documents with ePlus Technology, Inc., for the Annual Software Licenses of the Crowdstrike Endpoint Detection and Response (EDR) Solution in the amount not-to- exceed $110,158.43.

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

2.B.1.a
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*Consent Items

* J. Mayor Mei opened consideration of Annual Review and approv al of military equipment possessed and utilized by the Fremont Police Department (FPD) for the reporting period of April 2022 to March 2023

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

1. Received and approved the Fremont Police Department April 20 22 – March 2023 Annual Military Equipment Use Report.

2. Found that each type of Militar y Equipment identified in the Fremont Police Department April 2022 – March 2023 Annual Military Equipment Use Report has complied with the standards for approval set forth in FMC Chapter 8.80 and the Military Equipment Use Policy.

3. Approved the continued use of the currently authorized military equipment by Fremont Police Department as identified in Exhibit 1 of Fremont Police Department’s Military Use Policy.

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

* K. Mayor Mei opened consideration to Authorize the City Manag er, or Designee, to Execute an Agreement with Axon Enterprise, Inc. for the Provision of In-Car Video, Body-Worn and Interview Room Camera Systems, Digital Evidence Management System, and Conductive Energy Devices, and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary; Related Appropriation Actions

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

1. Authorized the City Manager, or designee, to enter into a ten-year subscription agreement and to execute any implementing documents and take any implementing actions as necessary with Axon Enterprises, Inc. for the purchase of an In-Car Video System, Body-Worn Cameras, Interview Room Camera System, Conductive Energy Devices (Tasers), and Digital Evidence Storage and Management System in an amount not to exceed $13,640,135.

2. Appropriated $85,100 in Fund 119 (Department of Justice Fede ral Asset Forfeiture) and $19,050 in Fund 250 (Department of Treasury Federal Asset Forfeiture).

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

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*Consent Items

* L. Mayor Mei opened considerati on to Appropriate Additional Railroad/Highway At-Grade Crossing Program (Section 130) Federal Grant Funds from the Department of Transportation (Caltrans) in the Amount of $161,000 for the Dusterberry Way Safety Improvement Project (City Project PWC8964); Find the Action is Exempt from CEQA.

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

1. Found the action is exempt from environmental review, as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 and Section 15061.

2. Appropriated additional Railroa d/Highway At-Grade Crossing Program (Section 130) federal grant funds in the amount of $161,000 to PWC8964-522.

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

* M. Mayor Mei opened consideration to Adopt a Resolution Autho rizing Fiscal Year 2023/2024 Application for Transportation Development Act Article 3 (TDA3) Grant Funds and Acceptance of $322,407 in TDA3 Funds for the 2024 Citywide Class IV Bikeway Enhancement Project (PWC8874); Appropriation of Funds; and Make Findings of CEQA Exemption.

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

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person(s) commented: Keith Parker, Andreas Kadavanich (Bike Fremont), Padma Gopalakrishnan, Robert Prinz (Bike East Bay), William Yragui (Mission Peak Conservancy), Annie, Steve Skala, Vigai Soori, Daniel Karpelevitch and Zee Vastrad.

There being no additional speakers, Mayor Mei closed the public comment period.

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

1. Found the proposed project is exem pt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that application for grant funding is not an activity that in itself has the potential for causing a significant effect on the environment.

2. Adopted Resolution No. 2023-21 a uthorizing the City Manager, or her designee, (a) to apply for Transportation Development Act Article 3 Bicycle and Pedestrian Program Funds in the amount of $322,407 for the 2024 Citywide Class IV Bikeway Enhancement Project; and (b) to accept any awarded grant funds for the Project and to execute any necessary implementing documents.

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*Consent Items

3. Appropriated any grant funds r eceived to PWC8874 (Bikeway Improvements) in the Transportation Development Act Fund (Fund 521).

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

* N. Mayor Mei opened consideration to Authorize the City Manag er to Execute FY 2022/23 Standard Service Amendment with Mission Peak Lodge (C & L, LLC), for Temporary Use of Hotel Rooms as Winter Relief Shelter

On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council authorized the City Manager or her designee to amend an agreement with Mission Peak Lodge (C & L, LLC) in an amount not to exceed $20,000, for a new total not to exceed $119,000, to provide motel winter relief services as described in this report.

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

* O. Mayor Mei opened consideration to Authorize the City Manag er to Execute a Federal Emergency Solutions Grant (ESG) Memorandum of Understanding for the Human Services Department's Family Resource Center to provide Housing Stability Services in Fiscal Year 2022/23 and 2023/24 and Making Findings of CEQA Exemption

On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council authorized the City Manager to execute a Federal Emergency Solutions Grant (ESG) Memorandum of Understanding for the Human Services Department's Family Resource Center to provide housing stability services in Fiscal Year 2022/23 and 2023/24 and making findings of CEQA Exemption.

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

3. CEREMONIAL ITEMS

A. Proclamation: Fremont Bike Month

B. Ceremonial Resolution: American High School Robotics Team #5 773 Ink and Metal

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*Consent Items

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

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

The following person(s) commented: Dilip Mody and Glen Kirby (Fremont Freewheelers Bicycle Club), Ali Pirooz, Vinay Singh, Andreas Kadavanich (Bike Fremont), Vijai Soori, Norman Howell, Jack Balch, Rimvydas Mickevicius, Annie, Edward Chen, Salim Mastan, Moshe Fuss, Duncan Harris, Kendra Toy, and Wynn Kageyaga (League of American Bicyclists).

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS

A. Mayor Mei opened consideration to Receive Progress Report on Sabercat Trail and Irvingtonian Museum Projects; Approve the Recreation Commission Recommendations to Sabercat Historical Park; Authorize the City Manager to Execute Service Agreements to Continue Development of the Sabercat Trail and Irvingtonian Fossil Museum Projects (PWC8977); and Make Findings of CEQA Compliance

Public Works Director Hans Larsen provided an overview. Staff responded to questions from Councilmembers. Mayor Mei opened public comment. There being no speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Shao, seconded by Councilmember Keng, the City Council approved the following actions related to the Sabercat Trail Extension Project and the Irvingtonian Fossil Museum Project:

1. Find the action is exempt from environmental review under CE QA Guidelines Section 15378(b)(4) and (5). As a separate and independent basis for CEQA compliance, the City Council has adopted the Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sabercat Trail Extension Project in accordance with CEQA Guidelines Section 15074.

2. Approve the Recreation Commi ssion Recommendation to approve a new trail width of 14’ in Sabercat Historical Park to be consistent with the Community Connector Trail guideline of the Trail Strategy Plan.

3. Approve the Recreation Commi ssion Recommendation to adopt the Site Master Plan for the Trail Extension and Interpretive Area within Sabercat Historical Park to be constructed as a part of the Sabercat Trail Extension project.

4. Authorize the City Manager or designee to execute Amendment No. 4 to the Design Professional Services Agreement with T.Y. Lin International in an amount not to exceed $487,000 for engineering services for the Sabercat Trail Extension project (PWC8977).

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*Consent Items

5. Authorize the City Manager or designee to execute a Services Agreement with Math Science Nucleus in an amount not to exceed $220,000 for preparation of a Concept Plan of Scientific Content for the Irvingtonian Fossil Museum project (PWC8977).

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

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals – None.

B. Appointments to Boards, Commissions, Committees

1. Mayor Mei opened consideration of Mayor Mei Referral: Appoi ntment to Advisory Body

Appointments:

Advisory Body Appointee Term Expires

Economic Development Advisory Commission Charles Martinez 12/31 /2025 (Commercial/Industrial Representative)

On a motion by Vice Mayor Cox, seconded by Councilmember Campbell, the City Council approved appointment to the Economic Development Advisory Commission as noted in the staff report.

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

Noes: None

Absent: None
Abstain: None

C. Legislative Actions – None.

D. Report on Committee Assignments

Councilmembers reported on their various meetings.

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*Consent Items

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:05 p.m.

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

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

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*Consent Items

MINUTES

FREMONT CITY COUNCIL MEETING
MAY 9, 2023

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:02 p.m.

B. Flag Salute: Councilmember Campbell led t he salute to the flag.

C. Roll Call: Present: Mayor Mei, Councilmem bers: Keng, Campbell, Kassan, Shao and Salwan

Absent: Vice Mayor Cox,

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Karena Shackelford introduced City Staff. There were no community announcements.

E. Report Out of Closed Session – None.

2. CONSENT CALENDAR

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

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

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

* B. Approval of Minutes – None.

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*Consent Items

* C. Mayor Mei opened consideration of Authorization to Execute Agreement for Transition of Alameda Countywide Clean Water Program Fiscal Agent Duties from the Alameda Flood Control and Conservation District to the City of Fremont and Consent to Assignment Agreements for Eight Technical Services Contracts

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

1. Authorized the City Manager or her designee to execute an Agreement for Transition of Clean Water Program Fiscal Agent Duties from the Alameda Flood Control and Conservation District to the City of Fremont.

2. Authorized the City Manager or her designee to execute Consent to Assignment Agreements for eight technical services contracts.

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

* D. Mayor Mei opened consideration to Approve Plans and Specif ications, Reallocate $250,000 from PWC 8954, $200,000 from PWC8501, $547,379 from PWC8101 to Sylvester Harvey Community Park Perimeter Pathway Project PWC9065, Accept the Bid and Award a Construction Contract for the Bid Amount of $1,742,000 to Silicon Valley Paving, Inc. and Allocate a 10% Construction Contingency of $174,200 for a Total Contract Amount of $1,916,200 for the Sylvester Harvey Community Park Perimeter Pathway Project (PWC9065), and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Existing Facilities).

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

1. Authorized the reallocati on of $547,379 from Park Project Contingency PWC8101-540 to PWC 9065-540.

2. Authorized the reallocati on of $250,000 from Athletic Fields Turf Renovation Project PWC8954-541 to PWC 9065-541.

3. Authorized the transfer of $200,000 from Capital Replacement for Parks PWC 8501-501 to PWC 9065-501.

4. Found that the project is exempt from review under the Calif ornia Environmental Quality Act (CEQA) as the replacement or reconstruction of an existing facility, pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and approve a categorical exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Existing Facilities).

5. Approved the construction plans and specifications for the Sylvester Harvey Community Park Perimeter Pathway Project, PWC9065.

6. Accepted the bid, awarded a construction contract, and autho rized the City Manager to execute a construction contract with the lowest responsive and responsible bidder, Silicon

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*Consent Items

Valley Paving, Inc for the Sylvester Harvey Community Park Perimeter Pathway Project, PWC9065 for a construction contract amount of $1,742,000, and a 10% construction contingency of $174,200 for unforeseen work, for a total contract amount of $ 1,916,200.

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

* E. Mayor Mei opened considera tion for Approval to Reject Apparent Low Bid as Non- Responsive; Reject Bid Protest by Fourth Lowest Bidder; Approve Plans and Specifications and Award Contract to VSS International, Inc. in the Amount of $5,451,000 (Including 3% Contingency) for the 2023 Cape and Slurry Seal Project (PWC8195-V2); Appropriation Action; Make Findings of CEQA Exemption.

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

1. Found this project is exempt fr om CEQA review pursuant to CEQA Guidelines section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.

2. Rejected the bid proposal submitted by DRYCO Construction, I nc. as non-responsive on grounds the bid did not reflect the material changes made by the addendum and the subcontract work exceeded the maximum allowed.

3. Rejected the protest submitted by American Pavement Systems, Inc. on grounds the error made by VSS International, Inc. constitutes a waivable, minor irregularity.

4. Approved the plans and speci fications for the project.

5. Accepted the bid and awarded the construction contract to th e second apparent lowest responsive and responsible bidder, VSS International, Inc. in the amount of $5,311,000, allocate a 3% construction contingency in the amount of $140,000 for a total construction contract amount of $5,451,000, and authorize the City Manager or designee to execute the contract.

6. Appropriated $900,000 of unallocated ACTC Fund 515 to PWC819 5-515.

7. Appropriated $300,000 of unallocated ACTC Fund 520 to PWC819 5-520.

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

* F. Mayor Mei opened consideration to Authorize the City Manag er or Designee to execute a $117,000 agreement with Zero Foodprint, for the purchase of compost to be utilized in California agriculture operations to comply with State law compost procurement requirements (Compost Services Contract for SB 1383 Compliance)

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*Consent Items

On a motion by Councilmember Keng, seconded by Councilmember Shao, the City Council authorized the City Manager or Designee to execute a $117,000 agreement with Zero Foodprint, for the purchase of compost to be utilized in California agriculture operations to comply with State law compost procurement requirements.

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

* G. Mayor Mei opened consideration of Approval of Amendment No . 6 with TRC Engineers, Inc. in an Amount Up to $205,000 for Additional Environmental Remediation Services at the Centerville Unified Site Located at 37070 Fremont Boulevard (PWC8812); Find the Action is Exempt from CEQA Review

On a motion by Councilmember Keng, seconded by Councilmember Shao, the City Council authorized the City Manager or their Designee to execute Amendment No. 6 to the Service Agreement between the City of Fremont and TRC Engineers, Inc. in an amount up to $205,000 for additional environmental remediation services and site closure.

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

* H. Mayor Mei opened consideration to Authorize City Manager o r designee to execute a Contract Amendment to the Agreement with Mike Canaday for Weed Abatement and Fire Fuel Management at Sabercat Historical Park to Incorporate Wage Impact from Change in Law and Extend Contract Term an Additional Year (Weed Abatement by Goats)

On a motion by Councilmember Keng, seconded by Councilmember Shao, the City Council authorized the City Manager, or her designee, to execute a Contract Amendment to the Agreement with Mike Canaday for Weed Abatement and Fire Fuel Management at Sabercat Historical Park to Incorporate Wage Impact from Change in Law and Extend Contract Term an Additional Year.

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

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*Consent Items

* I. Mayor Mei opened consideration to Adopt a resolution to au thorize the City Manager or her designee to submit a grant application to the State of California Department of Parks and Recreation's Land and Water Conservation Fund and authorize the City Manager or her designee to submit a separate grant application to the USDA Forest Service's Urban & Community Forestry program and to consider exemptions from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines sections: (1) 15307; (2) 15308, (3) 15304 and (4) 15301

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

1. Found the grant applications t o the State of California Department of Parks and Recreation’s Land and Water Conservation Fund and USDA Forest Service’s Urban & Community Forestry are exempt from review under the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15307, (3) CEQA Guidelines Section 15308, (4) CEQA Guidelines Section 15304 and (5) CEQA Guidelines Section 15301.

2. Adopted Resolution No. 2023-23 a uthorizing the City Manager or her designee to submit a grant application to the State of California Department of Parks and Recreation’s Land and Water Conservation Fund, execute grant funding agreements, and if grant is awarded, Council authorizes the appropriation of any grant funds received.

3. Authorized the City Manager or her designee to apply to the USDA Forest Service’s Urban & Community Forestry grant, execute grant funding agreements, and if grant is awarded, Council authorized the appropriation of any grant funds received.

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

3. CEREMONIAL ITEMS

A. Proclamation: Affordable Housing Month – May 2023

B. Proclamation: National Child ren’s Mental Health Awareness Day, May 11, 2023

C. Proclamation: International Day Against Homophobia, Transphobia, and Biphobia

D. Proclamation: Asian American , Native Hawaiian and Pacific Islander Heritage Month – May 2023

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*Consent Items

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

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

The following person(s) commented: Jenna Daugherty, Dianne Jones, and Edward Chen.

5. SCHEDULED ITEMS

A. Mayor Mei opened consideration of a Public Hearing (Publishe d Notice) to Adopt a Resolution Confirming Diagrams and Assessments for Fiscal Year 2023/24 for Fremont Landscaping Assessment District 88 Zones Annual Assessment Process.

No presentation provided by staff. Councilmember Shao opened the public hearing. There being no speakers, Councilmember Shao closed the public hearing.

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

1. Held public hearing.

2. There were no oral stateme nts nor written comments.

3. Closed public hearing.

4. Levied the proposed assessm ent by adopted Resolution No. 2023-24 confirming Diagrams and Assessments for Fiscal Year 2023/24 for Fremont Landscaping Assessment District 88

5. Found the project exempt under CEQA Guidelines Sections 1506 1(b)(3) and 15301

A
yes: Councilmembers: Ken g, Campbell, Kassan, and Shao
Noes: None

Absent: Vice Ma
yor Cox
Abstain: Ma yor Mei and Councilmember Salwan

B. Mayor Mei opened consideration of a Public Hearing (Publishe d Notice) on the Use of Federal Community Development Block Grant and Emergency Solutions Grant Funds for FY 2023/24; Adopting a Resolution Approving the FY 2023/24 Annual Action Plan, and Authorizing the City Manager to Execute Agreements with the U.S. Department of Housing and Urban Development and CDBG and ESG Grantees and Programs and Making Findings of CEQA Exemption

No presentation provided by staff. Mayor Mei opened the public hearing. There being no speakers, Mayor Mei closed the public hearing. Councilmembers provided comment.

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*Consent Items

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

1. Held a public hearing on the proposed FY 2023/24 Federal Funding Program Final Statement of Community Development Objectives and projected Use of Funds.

2. Allocated CDBG and ESG funds for FY 2023/24 in the amounts stated herein, and contingent upon adoption of the FY 2023/24 budget by the City Council.

3. Authorized staff to:
a. Allocate additional funds to public service projects should the City receive additional program income in FY 2023/24 or a greater entitlement b. Reserve unallocated funds to provide gap funding or fund pro jects that meet emerging needs.

4. Adopted Resolution No. 2023-25:
a. Approving and authorizing the City Manager or his designee to submit the FY 2023/24 Federal Funding Program Final Statement of Community Development Objectives and Projected Use of Funds, the City’s Annual Action Plan, as recommended by staff in the amounts stated herein and finding the action exempt from CEQA, as specified.
b. Authorizing the City Manager or her designee to execute CDBG and ESG Entitlement funding agreements with HUD.
c. Authorizing the City Manager or her designee to execute agreements effective July 1, 2023, with the grantees recommended for funding by staff in the amounts set forth herein, contingent upon a finding of no significant impact in the corresponding NEPA environmental assessments and completion of the required public comment period.

Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Shao, an
d Salwan
Noes: None

Absent: Vice Ma
yor Cox
Abstain: None

C. Mayor Mei opened consideration of a Public Hearing (Publishe d Notice) to Introduce an Ordinance to Amend FMC Section 10.05.970 to Continue the Permit Parking Program for the Mission Peak Neighborhood with Restricted Parking Times on Weekends and on National Holidays

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

Fremont Police Lieutenant Quimson provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened the public hearing. The following person(s) commented: Deven Desai, Kelly Abreu, VP, Stan Yeh, William Hsu, Sanjay Radia, Narash Singhal, Subroto, Veronica Pang, Jameson Hsu, Asok Chatterjee, Tony Pang, Inki Deora, Hari Jobanputra, Suresh Basaj, Prakoon Chen, Mary A., Lavanya, and Colin. There being no

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Attachment: Draft Minutes (4936 : Approval of Minutes - 2023-05-02 - 2023-05-16)

*Consent Items

additional speakers, Mayor Mei closed the public hearing. Staff responded to questions from Councilmembers. Councilmembers provided comments.

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

1. Found that continuing the perm it parking program for the Mission Peak neighborhood 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

2. Introduced an ordinance am ending FMC section 10.05.970 to continue the permit parking program for the Mission Peak neighborhood for 10 years with restricted parking times on weekends (Saturday from 12:01 a.m. - Sunday at 11:59 p.m.) and on national holidays (including dates of observance), and find that continuation of the Program would be beneficial to the parking needs of residents within the permit parking area, and that continuation of the permit parking program would not be detrimental to the health, safety or welfare of the residents in, or adjacent to, the permit parking area.

Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Shao, an
d Salwan
Noes: None

Absent: Vice Ma
yor Cox
Abstain: None

6. OTHER BUSINESS

A. Mayor Mei opened consideration to Adopt a Resolution Authori zing Staff to Partner with Shangri-La Industries, LLC and Step Up on Second Street, Inc. on an Application for Funding under State Homekey Round 3 Program to Acquire, Rehabilitate and Operate a Supportive Services Affordable Housing Project at 46101 Research Avenue (Currently Motel 6); Conditionally Appropriate $8,668,000 to Support the Project; Conditionally Recognize $1,000,000 in Revenue from Alameda County in Support of the Project; and Authorize the City Manager or Her Designee to Execute Implementing Documents and Making Findings of CEQA Exemption

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

Community Development Director Dan Schoenholz provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened public comment. The following person(s) commented: Keith Parker, Lisa Danz (Fremont For Everyone), Jenna Daugherty, Annie, John Hinds, Min, Linda Dewlaney, Wen Yang, Lucy Zhang, Cherry, Marie Hughes (Fremont For Everyone), Joanne, Clement Law, Char, Padma Gopalakrishnan, Katherine

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Attachment: Draft Minutes (4936 : Approval of Minutes - 2023-05-02 - 2023-05-16)

*Consent Items

Rubie (Fremont For Everyone), Jane, Juliette Phipps, Zielnik, Kelly Abreu, Harry, John Lee, Rick Ho, Ghada (Srour) Christine (Fremont For Everyone), Chung, MJ, Vinita Verma (Fremont For Everyone), Anita Moreno, Stephanie Szto, and Radoslaw Kosinski. There being no additional speakers, Mayor Mei closed the public comment period. Staff responded to questions from Councilmembers. Councilmembers provided comment.

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

1. Adopted Resolution No. 2023-22 authorizing the submittal of a Homekey Round 3 application to the California Department of Housing and Community Development, with the City as the lead applicant and Shangri-La Industries, LLC and Step Up on Second Street, Inc. as co-applicants, in the amount not to exceed $35 Million and making finds of CEQA exemption.

2. Conditionally appropriated t he following funding to support the acquisition, development and operation of the Motel 6 Conversion Homekey Project in the City of Fremont (contingent on award of a Homekey grant by the State):
a. $5,268,000 from the City’s Affordable Housing Fund (Fund 196 ) b. $750,000 from the City’s allocat ion of CDBG funding (Fund 105) c. 1,250,000 from the City’s Low a nd Moderate Income Housing Asset Fund (Fund 111)
d. $400,000 from the City’s Permane nt Local Housing Allocation (Fund 193)

3. Recognized $1 million in American Rescue Plan Act (ARPA) Rec overy Plan funds allocated to the project by the County and appropriate that $1 million for the Motel 6 Conversion Homekey Project from the Miscellaneous Grants Fund to support the operations of the project, contingent on award of a Homekey grant by the State; and authorize the City Manager or her designee to execute a funding agreement and other implementing documents to receive the funds.

4. Authorized the City Manager or designee to execute a Memorandum of Understanding with Shangri-La Industries and Step Up on Second Street, Inc. memorializing roles and responsibilities and to take all actions reasonably necessary to implement the same, consistent with the Resolution.
environmental assessments and completion of the required public comment period.

5. Authorized the City Manager or designee to execute agreement(s) and/or implementing documents with Shangri La Industries, LLC and Step Up Second Street, Inc. to effectuate the implementation of a Homekey project in the City of Fremont and to take all actions reasonably necessary to implement the same, consistent with the Resolution.

6. Authorized the City Manager or designee to execute funding agreement and other implementing documents with the State of California Department of Housing Community Development and to take all actions reasonably necessary to implement the same, consistent with the Resolution.

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

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*Consent Items

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals – None.

B. Appointments to Boards, Commissions, Committees

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

Appointments:

Advisory Body Appointee Term Expires

Senior Citizens Commission Edwin Lee 12/31/2026
S o n i a S a l w a n 1 2 / 3 1 / 2026
R o g e r M a r s h a l l 1 2 / 3 1 / 2026

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

Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, an
d Shao
Noes: None

Absent: Vice Mayor Cox
Abstain: Councilmember Salwan

C. Legislative Actions – None.

D. Report on Committee Assignments – None.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 10:20 p.m.

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

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

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Attachment: Draft Minutes (4936 : Approval of Minutes - 2023-05-02 - 2023-05-16)

MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
MAY 16, 2023

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
5:45 P.M.

Call to Order: Vice Mayor Cox called the meeting to order at 5:45 p.m.

Roll Call: Present: Vice Mayor Cox, Counc ilmembers: Campbell, Kassan, Shao, and Salwan. Mayor Mei arrived at 5:47 p.m. and Councilmember Keng arrived at 5:53 p.m.

Public Comment: None.

CONVENED TO A CLOSED SESSION at 5:48 p.m.

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

1. Anita Barriga v. City of Fremont, Alameda County Superior Court, Case No. 21CV000687 (Filed: 2021)

2. Marian Bennett v City of Fremont, Alameda County Superior Court, Case No. 22CV022263 (Filed:2022)

3. Annabel Bobbitt et. al. v. City of Fremont, Alameda County Superior Court, Case No. 22CV020845 (Filed: 2022)

4. Farmers Insurance Exchange v. City of Fremont, Alameda County Superior Court, Case No. 23CV030738 (Filed: 2023)

5. Michael Foust v. Pacific Bell Telephone; City of Fremont, Alameda County Superior Court, Case No. 22CV013289 (Filed: 2022)

6. Daniel Geri v. City of Fremont, Alameda County Superior Court, Case No. 23CV025575 (Filed: 2023)

7. Jimmy Go v. City of Fremont, Alameda County Superior Court, Case No. 22CV009951 (Filed: 2022)

8. Michael Gebhardt v. City of Fremont, Alameda County Superior Court, Case No. 22CV022860 (Filed: 2022)

9. Shahida Hassan v. Pari; City of Fremont, Alameda County Superior Court, Case No. 21CV002766 (Filed: 2021)

10. Mary Hyde v. City of Fremont, Alameda County Superior Court, Case No. 22CV010244 (Filed: 2022)

11. Kelly King v. National Railroad Passenger Corporation; City of Fremont, U.S. District Court, California Northern District, Case No. 3:23-cv-00230 VC (Filed: 2023)

12. Michael Knight, et al. v. Gourley; City of Fremont Alameda County Superior Court, Case No. 22CV010431 (Filed: 2022)

13. Seung Hun Lee, et al. v. Troy Roberts, et al., Alameda County Superior Court, Case No. 23CV030509 (Filed: 2023)

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Attachment: Draft Minutes (4936 : Approval of Minutes - 2023-05-02 - 2023-05-16)

14. State Farm Mutual Automobile Insurance Company v. City of Fremont, Alameda County Superior Court, Case No. 23CV027711 (Filed: 2023)

15. Temple of 1001 Buddhas, MiaoLan Lee, et al. v. City of Fremont, U.S. District Court, California Northern District, Case No. 3:21-cv-04661 CRB (Filed: 2021); and Alameda County Superior Court, Case No. 21CV002808 (Filed: 2021)

16. Vijay v. City of Fremont, Tort claims filed; no complaint filed

17. Yelena Zimon v. City of Fremont, Alameda County Superior Court, Case No. 21CV002066 (Filed: 2021)

The Special Meeting of the Fremont City Council adjourned at 6:30 p.m.

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

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

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*Consent Items

MINUTES

FREMONT CITY COUNCIL MEETING
MAY 16, 2023

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

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

B. Flag Salute: Vice Mayor Cox led the salute to the flag.

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

D. Announcements by Mayor/City Manager

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Karena Shackelford introduced City Staff. There made community announcement regarding eviction information workshops to inform tenants about the process.

E. Report Out of Closed Session

City Attorney Alvarado reported that the City Council conducted a conference in Closed Session with Legal Counsel for Existing Litigation in 17 Cases Listed on the Closed Session Agenda. The meeting was performed pursuant to Government Code Section 54956.9. The Council received updates but took no reportable action.

2. CONSENT CALENDAR – None.

3. CEREMONIAL ITEMS – None.

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

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

The following person(s) commented: Stuart Rupp, Daniel Karpelevitch, Kelly Abreu, John Hinds, and Wendy.

5. SCHEDULED ITEMS – None.

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*Consent Items

6. OTHER BUSINESS

A. Mayor Mei opened consideration of Presentation of Fiscal Yea r 2023/24 Proposed Operating Budget for the City of Fremont

Finance Director Dave Persselin provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened public comment. The following person(s) commented:

Lynn Miller (Urban Forest Friends (UFF), Kelly Abreu, and Annie (UFF). There being no additional speakers, Mayor Mei closed the public comment period. Staff responded to additional questions from Councilmembers.

City Council accepted staff’s budget presentation and provided comments.

B. Mayor Mei opened consideration to Receive a Presentation and Provide Input on Proposed Five-Year Capital Improvement Program (CIP) for Fiscal Years 2023/24 Through 2027/28

Public Works Director Hans Larsen an Community Development Director Suzanne Wolf provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened public comment. The following person(s) commented: Daniel Karpelevitch, Annie, Yonggang Zhang, Junmei Zhang, Kelly Abreu, John Hinds, and Susan. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by a question and answer period.

City Council received the presentation and provided input on proposed Five-Year Capital Improvement Program for Fiscal Years 2023/24 Through 2027/28.

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals – None.

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

C. Legislative Actions – None.

D. Report on Committee Assignments

Councilmembers reported on their various meetings.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:40 p.m.

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

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

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Attachment: Draft Minutes (4936 : Approval of Minutes - 2023-05-02 - 2023-05-16) Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4917) DOC ID: 4917
Updated: 5/10/2023 10:31 AM by Susan Gauthier Page 1

SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING CHAPTER 10.05 (TRAFFIC REGULATIONS) OF THE

FREMONT MUNICIPAL CODE TO CONTINUE THE MISSION PEAK PERMIT

PARKING PROGRAM
Contact Persons:

Name: Susan Gauthier Ariel Quimson
Title: City Clerk Lieutenant
Div/Dept: City Clerk's Office Police Department
Phone: 510-284-4076 (510) 790-6779
E-Mail: [email protected] [email protected]

Executive Summary: On May 17, 2016, the City Council created the Mission Peak Permit Parking Program ("Program"), which was set to expire on July 7, 2020. On May 19, 2020, the City Council extended the Program by an additional three years to expire on July 7, 2023. The Chief of Police recommends that Council extend the Mission Peak Neighborhood Permit Parking Program for ten years.

The ordinance was introduced by the City Council at its May 9, 2023 meeting. The ordinance is now before the Council for adoption.

ATTACHMENTS:
• Draft Ordinance - To Continue the Mission Peak Neighborhood Parking Permit Program • Mission Peak Parking Permit Zone

RECOMMENDATION: Waive second reading and adopt ordinance amending Chapter 10.05 (Traffic Regulations) of the Fremont Municipal Code to continue the Mission Peak Permit Parking Program.

2.C
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Ordinance No. XX- 2023 Page 1 of 2

DRAFT
ORDINANCE NO. XX-2023

AN ORDINANCE OF THE CITY OF FREMONT AMENDING
CHAPTER 10.05 (TRAFFIC REGULATIONS) OF THE FREMONT

MUNICIPAL CODE TO CONTINUE THE MISSION PEAK

PERMIT PARKING PROGRAM
WHEREAS, pursuant to the authorization set forth in the Vehicle Code, as well as the police power set forth in Article XI, Section 7 of the California Constitution, and this title, the City of Fremont has established a permit parking ordinance for the purpose of providing preferential parking.

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

SECTION 1. FMC SECTION 10.05.970 AMENDED
Fremont Municipal Code Title 10, Chapter 10.05, Section 10.05.970 is amended to read as follows:

Sec. 10.05.970 Mission Peak neighborhood permit parking area.

This Permit Parking Ordinance shall be a temporary program which shall automatically expire on July 7, 20232033. This Permit Parking Ordinance may be extended only by an ordinance of the city council approved at a public hearing noticed in accordance with Government Code Section 65090, at which the city council finds, after reviewing evidence regarding the effectiveness of the Mission Peak neighborhood permit parking program, that an extension of the Permit Parking Ordinance will be in the best interests of the city.

SECTION 2. CEQA
The City Council determines that this ordinance 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.

SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Fremont hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

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Attachment: Draft Ordinance - To Continue the Mission Peak Neighborhood Parking Permit Program (4917 : Second Reading and Adoption of

Ordinance No. XX- 2023 Page 2 of 2

SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 5. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause this ordinance to be published again with the names of those City Council members voting for and against the ordinance. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.

The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ___ day of __________, 2023, and finally adopted at a regular meeting of the city council held on the ___ day of__________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

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Attachment: Draft Ordinance - To Continue the Mission Peak Neighborhood Parking Permit Program (4917 : Second Reading and Adoption of Stanford Ave
Mission Blvd
Lynx Dr
Stanford Ave
Antelope Dr
Weibel Dr
Hunter Ln
Rutherford Ter
Paseo Padre Pkwy
Cougar Dr
CougarCir
Boar Cir
SentinelPl
Raindance Rd
Vineyard Ave
Sundance
Dr
Sentinel Dr
VinehillCir
Hidden
ValleyTer
Vinehill Ter
M
uscat Ct
VistaDel Sol
Elk Ct
MontclaireDr
Buck Ct
Kootenai Dr
Owhanee Ct
Boar Ter
BearCt
RabbitCt
Lower Vintners Cir
Tram
inerCt
Amorok WayRacoon
Ct
Lynx
Ct
Cougar Ter
Napa Ct
Bodega Ct
Aguila Ter
W
hitetailCt
GeyserCt
RutherfordLn
Doe
Ct
Montclaire Ter
ChavelCt
HawkCt
Beaver Ct
Martingale
Dr
Trout Ct
Upper Vintners Cir
SolsticeCt
Claret Ct
Durham
Rd
Klamath St
VinehillCt
Aleut Ct
Tu mbleweed Ct
Ram
Ct
Chablis C t
Pomo Ct
Corte Del Sol
Grapevine Ter
Tuscany Ct
MontclaireCt
Tum
bleweed Cm
n
MontclaireCm
n
Stevie
Ct
Totem Ct
Rutherford Ct
Mission Blvd
City of Fremont Community Services
3300 Capitol Avenue, Building B
P.O. Box 5006
Fremont, CA 94537-5006 M I S S I O N P E A K P E R M I T P A R K I N G Z O N E ^_
Stanford Ct
:

Map prepared on May 12, 2016.

G.I.S. Division, Information Technology Services
Scale 1:4,500 or 1 inch = 375 feet
Mission Peak Regional Preserve
Stanford Avenue Staging Area^_
Open Public Parking Area
Parking Area
Permit Parking Zone

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Attachment: Mission Peak Parking Permit Zone (4917 : Second Reading and Adoption of an Ordinance_MISSION PEAK NEIGHBORHOOD Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Public Projects

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4867) DOC ID: 4867
Updated: 5/31/2023 10:20 AM by Alberto Quintanilla Page 1 FY 2023/24 SB1 PROJECT LIST - Adopt a Resolution Approving a List of Projects for Funding by Revenues Authorized by the Road Repair and Accountability Act of 2017 (SB1) to Align with State Guidelines for Use of Funds.

Contact Persons:

Name: Connie Wong Hans Larsen
Title: Principal Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4782 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate compliance with the State’s accountability requirements for the use of Senate Bill 1 (SB1) funds. In Fiscal Year (FY) 2023/24, the City of Fremont expects to receive SB1 funds in the amount of $5.68 million and proposes to use these funds for pavement rehabilitation and the Paseo Padre Safety Improvements project.

BACKGROUND: On April 28, 2017, the Governor signed SB1, the Road Repair and Accountability Act of 2017. This bill enabled new revenue for state and local transportation projects through increases in gasoline and diesel fuel excise tax, along with an increase in vehicle registration fees. Portions of the revenues were directly allocated to cities for pavement maintenance, safety improvements, and “complete streets” (enhancing facilities for walking and bicycling.) Other funding will be available on a competitive basis. The expected direct annual revenue for Fremont is $5.68 million for FY 2023/24 and approximately $4-6 million annually over the next decade.

In order to receive direct allocations of the SB1 revenues for FY 2023/24, cities must adopt a Council action and submit a list of projects to the California Transportation Commission (CTC) by July 1st with information about the proposed use of funds related to location, scope, and expected useful life of the project.

DISCUSSION/ANALYSIS: Staff recommends that Fremont’s SB1 funds of $5.68 million for FY 2023/24 and the remaining SB1 funds left unspent from FY 2022/23 be utilized on the following projects:

Project Name SB1 Funding
Amount
Pavement Rehabilitation (PWC 8234-W) $4,000,000
Paseo Padre Parkway Safety Improvements $2,000,000

Any SB1 funds not used for the above listed project will be used for future SB1 projects.

FISCAL IMPACT: The adoption of an SB1 Project List is required by the State to receive $5.68 million in planned state revenue for transportation projects.

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Council Staff Report (ID # 4867) Meeting of June 6, 2023 Updated: 5/31/2023 10:20 AM by Alberto Quintanilla Page 2 ENVIRONMENTAL REVIEW: The proposed action is not a project under the California Environmental Quality Act (CEQA) as it is an administrative activity that will not res ult in direct or indirect physical changes in the environment (CEQA Guidelines Section 15378).

ATTACHMENTS:
• Draft Resolution Adopting FY2022-23 SB1 Project List

RECOMMENDATION: Adopt a Resolution Approving a List of Projects Funded by SB1, the Road Repair and Accountability Act for FY 2023/24.

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Resolution 2023-XX Page 1 of 4

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR
2023-24 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017

WHEREAS, Senate Bill 1 (“SB 1”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) (“RRAA”) was passed by the California Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Fremont (“City”) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the RRAA, created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City will receive an estimated $5.684 million in RRAA funding in Fiscal Year 2023-24 from SB 1; and

WHEREAS, this is the seventh year in which the City is receiving SB 1 funding to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have been possible without SB 1 funding; and

WHEREAS, the City engaged in a public process to ensure public input into our community’s transportation priorities/the project list; and

WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities’ priorities for transportation investment; and

WHEREAS, the funding from SB 1 will help the City construct intersection safety improvements, maintain and rehabilitate 17 segments of streets, throughout the City this year and similar projects into the future; and

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Attachment: Draft Resolution Adopting FY2022-23 SB1 Project List (4867 : 2023 SB1 PROJECT LIST) Resolution 2023-XX Page 2 of 4

WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in a “good” condition and this revenue will help us maintain the overall quality of our road system; and

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure, with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City Council approves the following list of newly proposed projects to be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

Project Location and Description Estimated
Useful Life
Anticipated
Construction
Date
Paseo Padre Parkway Safety Improvements (PWC 9092)

Project Location: Paseo Padre between Dorne Place and
Olive Avenue

Project Description: Provide intersection safety
improvements at Covington Drive and Olive Avenue that
include pedestrian and bicycle safety elements and landscape features. Design includes preliminary, environmental and final design phases.

20-30 years 2025
(SB1 funds to be
used for design
during the FY
2023-24. Design to
be completed by
2024)

SECTION 3. The City Council approves the use of Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues for the following previously proposed and adopted projects.

With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

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Attachment: Draft Resolution Adopting FY2022-23 SB1 Project List (4867 : 2023 SB1 PROJECT LIST) Resolution 2023-XX Page 3 of 4

Project Location and Description
Estimated
Useful Life
Anticipated
Construction
Date
Pavement Rehabilitation (PWC 8234-W)

Project Locations:

1. Deep Creek Road – Alvarado Boulevard to Ariel Road

2. Civic Center Drive – Mowry Avenue to BART Way

3. Stevenson Boulevard – Cedar Boulevard to Blacow
Road

4. Irvington Avenue – Grimmer Boulevard to Chapel
Way

5. Grimmer Boulevard – Blacow Road to Yellowstone
Drive

6. Pine Street – Paseo Padre Parkway to Mission
Boulevard

7. Fremont Boulevard – Old Warm Springs Boulevard to
South Grimmer Boulevard

8. South Grimmer Boulevard – I-680 to Parkmeadow
Drive

9. Paseo Padre Parkway – South Grimmer Boulevard to
Mission Boulevard

10. Stewart Avenue – Boyce Road to Albrae Street

11. Christy Street – Stewart Avenue to Albrae Street

12. Cushing Parkway – Warm Springs Trail to Fremont
Boulevard

13. Lakeview Boulevard – West Warren Avenue to
Gateway Boulevard

14. Bayview Drive – Fremont Boulevard to Lakeview
Boulevard

15. San Pedro Drive – Balboa Drive to Frobisher Drive

16. Turner Court – Morraine Street to east end

17. Whitecrest Court
Project Description: Perform pavement rehabilitation
treatments consisting of localized base repairs or overlays to 17 street segments consisting of 10 centerline miles of roadway and covering 2.4 million square feet of pavement surface.

10-15 years Summer to Winter
2023

SECTION 4. The City Council finds this action to be exempt from the California Environmental Quality Act (“CEQA”) review on the following grounds, each as a separate and independent basis for CEQA compliance: the action constitutes administrative activity that will

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Attachment: Draft Resolution Adopting FY2022-23 SB1 Project List (4867 : 2023 SB1 PROJECT LIST) Resolution 2023-XX Page 4 of 4

not result in direct or indirect physical changes in the environment (CEQA Guidelines Section 15378); the projects to be funded do not have the potential for causing significant effect on the environment (CEQA Guidelines Section 15061(b)(3)); and, the repair, maintenance or minor alteration of existing facilities involve negligible or no expansion of use beyond that presently existing (CEQA Guidelines Section 15301).

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 Adopting FY2022-23 SB1 Project List (4867 : 2023 SB1 PROJECT LIST) Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors: Director Suzanne Shenfil
COUNCIL STAFF REPORT (ID # 4893) DOC ID: 4893 A
Updated: 5/31/2023 8:37 PM by Susan Gauthier A Page 1
NATIONAL OPIOID SETTLEMENT FUNDS – Authorize the City Manager to Execute Participation Forms and State Agreements Related to National Opioid Settlements; Ratify Documents; Accept and Appropriate Settlement Funds for the Provision of Prevention, Intervention, Treatment, and Harm Reduction Services to Address the Impact of Opioids on Youth and Adults in Fremont; Make Findings of CEQA Exemption
Contact Persons:

Name: Annie Bailey Rocio Fierro
Title: Youth and Family Services
Administrator
Senior Deputy City Attorney II
Div/Dept: Human Services Department City Attorney's Office Phone: 510-574-2111 510-284-4033
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to enable the City to use funding from National Opioid Settlements to support outpatient Adolescent Substance User Disorder (SUD) services for City of Fremont and education on the potentially harmful impacts of Opioid drugs for people of all age groups. These services will include prevention, harm reduction, treatment and public awareness programming specifically related to Opioids.

BACKGROUND: In order to be eligible to receive opioid mitigation funds, local governments must opt into the national opioid settlements, register with settlement administr ators to receive information and documents related to the settlements, and execute participation forms and State Subdivision Allocation Agreements (“State Agreements”). The City has opted into several national settlements from which funds have started to be distributed to the State and participating cities.

2021 National Opioid Settlements. On July 21, 2021, a $26 billion offer to settle was made by opioid manufacturer Janssen Pharmaceuticals, parent company of Johnson & Johnson (“Janssen”) and the “big three" distributors McKesson, AmerisourceBergen, and Cardinal Health (the “Distributors") to resolve their liabilities in over 3,000 opioid crisis - related lawsuits nationwide (collectively, the “2021 National Opioid Settlements”). The City opted into these settlements by the required deadline of January 2, 2022, thereby securing its eligibility to receive funding. To date, the City has received $70,746.22 from the Janssen settlement and $121,815.39 from the Distributors settlement.

2022 Mallinckrodt Bankruptcy Opioid Settlement/NOAT II Trust Fund. On October 12, 2020, Mallinckrodt plc, a pharmaceutical company engaged in the development, manufacturing, and marketing of pharmaceutical products, including opioids, and certain of its affiliates commenced bankruptcy proceedings in the U.S. Bankruptcy Court for the District of Delaware to, among other things, address their opioid liabilities. In connection with the bankruptcy filing, Mallinckrodt entered into a Restructuring Support Agreement (“RSA”) with the Attorneys General for 50 States and Territories and deposited the settlement funds into the National Opioid Abatement Trust II (“NOAT II”). On December 22, 2022, the California Attorney General filed a State Agreement in the

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Council Staff Report (ID # 4893) Meeting of June 6, 2023 Updated: 5/31/2023 8:37 PM by Susan Gauthier A Page 2
bankruptcy case under which cities can receive settlement funds. To date the City has received $9,741 from the NOAT II abatement trust fund.

2022 National Opioid Settlements. In late 2022, settlement agreements were announced with three pharmacy chains - CVS, Walgreens, and Walmart and two additional manufacturers - Allergan and Teva (collectively, the “2022 National Opioid Settlements”). In January 2023, each of the pharmacy chains and manufacturers confirmed that a sufficient number of states had agreed to the settlements to move forward. The City opted in by the deadline of April 18, 2023. To date, no funds have been received by the City.

DISCUSSION/ANALYSIS: Participation in National Opioid Settlements entitle the City to receive funds for opioid remediation and other allowable activities which benefit the Fremont community. State Agreements govern the allocation, distribution, use and reporting of funds allocated to cities, and the City is working with state agencies and Settlement Administrators to ensure compliance with all the participation requirements.

Most settlement funds may be used only for opioid abatement, including prevention, intervention, treatment, education, and recovery services. For instance, a city or county could use the funds to support clinics or services treating opioid use disorder, hire or train behavioral health workers, finance pre-trial services that connect individuals with recovery and treatment programs, and educate and train first responders on practices and precautions when dealing with fentanyl and other drugs.

For the past ten years, Alameda County Behavioral Health (ACBH) has contracted with the City’s Human Services Department to provide outpatient Adolescent Substance Use Disorder (SUD) services for City of Fremont and the Tri-city area. The opioid settlement funds will help to support the SUD program and services that specifically address the impact of the Opioid epidemic on youth, adults and community members. Focused opioid prevention, harm reduction, and intervention will be possible with this additional source of funding.

Additionally, the City intends to provide education and prevention programming in partnership with Fremont Unified School District and Newark Unified School District, as well as outreach, training and public awareness campaigns to reach the general community, including seniors.

The greater the level of subdivision participation, the more funds will ultimately be paid out to the State and participating cities. Therefore, the total amount of funds that will be received by the City from each settlement is unknown at this time and depends on the levels of participation maintained by cities and counties throughout the payment periods.

For example, the Distributors’ settlement fund will pay $21 billion over 18 years and the Janssen fund will pay $5 billion over 7 years. Therefore, it is likely that the city’s allocation will fluctuate over time.

FISCAL IMPACT: There is no impact to the General Fund. Program costs associated with this funding will be included in the 2023/24 adopted operating budget. The Settlement participation agreements assume that funds are expected to be an ongoing annual source of revenue for multiple years.

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Council Staff Report (ID # 4893) Meeting of June 6, 2023 Updated: 5/31/2023 8:37 PM by Susan Gauthier A Page 3
City of Fremont - Opioid Settlement Participation
Settlement
Amount
Received
2021 National Opioid Settlement – “Distributor” $70,746.22 2021 National Opioid Settlement – “Jansen” $121,815.39
2022 Mallinckrodt Bankruptcy - National Opioid Abatement NOAT II $9,741.00 2022 National Opioid Settlement - CVS, Walgreens, Walmart, Et Al TBD Total: $202,302.61

ENVIRONMENTAL REVIEW: The action is exempt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, per CEQA Guidelines Section 15378(b)(4) - creation of government funding mechanisms or other governmental fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and CEQA Guidelines Section 15061(b)(3) - activities that cannot possibility have a significant effect on the environment, either directly or indirectly.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Find the action is exempt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, per CEQA Guidelines Sections 15378(b)(4) and 15061(b)(3).

2. Authorize the City Manager or designee to execute new participation forms and state agreements related to National Opioid Settlements and to ratify agreements and documents previously executed.

3. Accept and appropriate $202,302.61 and future funding that may become available from opioid settlements for the provision of prevention, intervention, treatment, and harm reduction services to address the impact of opioids on youth and adults in Fremont.

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Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4905) DOC ID: 4905
Updated: 5/31/2023 8:40 PM by Susan Gauthier Page 1
SB1205 ANNUAL FIRE INSPECTION PERFORMANCE REPORTING - Adopt a Resolution Acknowledging the Fremont Fire Department’s Report Regarding Performance of Annual Fire Inspections Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code
Contact Persons:

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

Executive Summary: City staff recommends that the City Council adopt a resolution acknowledging the City of Fremont Fire Department’s report regarding performance of annual fire inspections pursuant to sections 13146.2 and 13146.3 of California Health and Safety Code. This report provides a review of the Fire Department’s efforts to meet its annual Educational and Residential inspection obligations.

BACKGROUND: California Senate Bill 1205 (SB 1205) was signed into law on September 27, 2018, after the tragic Ghost Ship Fire (December 2016) brought national attention to California and put a spotlight on fire safety laws and the performance of fire inspections. This law, codified in Section 13146.4 of California Health and Safety Code, amends preceding law such that an annual report on state mandated inspections is now required to be submitted to the governing body of each jurisdiction having authority for inspections. The report must be presented to the City Council during annual budget discussions or at another time determined by the Council, and the Council must acknowledge receipt of the report in a resolution or similar formal document. This annual report addresses the reporting requirements of SB 1205.

Adoption of this resolution fulfills the requirements of SB 1205 and acknowledges the Fire Department’s efforts to comply with state mandated inspections, as described below.

DISCUSSION/ANALYSIS: State mandated inspections were enacted by the California Health and Safety Code Sections 13146.2 and 13146.3, which require all fire departments that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards.

Public and private schools are generally classified as Educational Group E occupancies. These are schools used by more than six persons at any one time, for educational purposes through the 12th grade. Within the City there are currently 185 Group E occupancies, buildings, structures and facilities.

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Council Staff Report (ID # 4905) Meeting of June 6, 2023 Updated: 5/31/2023 8:40 PM by Susan Gauthier Page 2
During calendar year 2022, the Fire Department conducted an annual inspection of 48 Group E occupancies, buildings, structures and facilities. This represents a compliance rate of 26%.

Fremont Fire Prevention continues to place a high priority on all Kindergarten through 12th grade schools and was able to conduct initial inspections on all private and Fremont Unified School District facilities. City inspectors found deficiencies in nearly all schools and are continuing to enforce corrections into the 2023 calendar year. Efforts to catch up from 2021 also contributed to performance challenges within this category.

Hotels, motels, apartments (three units or more), and other residential occupancies that contain sleeping units (including some residential care facilities).

These facilities are generally classified as Residential Group R occupancies. The residential care facilities have various sub-classifications and may contain residents or clients that have a range of needs, such as, custodial care, mobility impairments, cognitive disabilities, and more. The residents may also be non-ambulatory. Within the City there are 376 Group R (and their associated sub-categories) occupancies in our program.

During calendar year 2022, the Fire Department conducted an annual inspection of 207 Group R occupancies, buildings, structures and facilities. This is a compliance rate of 55%.

We continue to see and anticipate substantial growth in the number of condominium and apartment complexes in Fremont as the Warm Springs-South Fremont and Downtown areas build out, along with similar in-fill development throughout the City.

Hospitals, Nursing Homes, Psychiatric Hospitals, Courthouse Holding Facilities, and Jails. These facilities are generally classified as Institutional Group I occupancies.

Group I occupancies also have various subgroups associated with their classification, which are based on the number, capability, type and duration of care provided to a facility’s clients. Although reporting was not specifically required under SB1205, there are currently 20 Group I occupancies, buildings, structures and facilities within the City.

During calendar year 2022, the Fremont Fire Department conducted an annual inspection of 11 Group I occupancies, buildings, structures and facilities. This is a compliance rate of 55%.

While efforts to increase overall performance and compliance with State mandates over the last several years had been trending upward, the Department’s compliance rate of mandated inspections for calendar year 2022 was again below both the City’s goals and obligations. The lingering effects of the pandemic continued to affect staffing levels and disrupted overall inspection performance. Business owner availability due to pandemic also presented challenges that made routine Fire inspections difficult to schedule. In 2022 we successfully promoted one Fire Inspector to the Senior Fire Inspector position. Still, the Fire Prevention Inspection Unit continues to operate at 50% capacity. Recruitment efforts were ongoing in 2022, and there have been challenges drawing qualified candidates within this highly specialized field. The Fire Prevention Division was able to hire one additional Fire Inspector in early 2023 and anticipates completing another recruitment by July 1, 2023. As staffing levels increase, we anticipate that the next annual compliance rate will rise accordingly.

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Council Staff Report (ID # 4905) Meeting of June 6, 2023 Updated: 5/31/2023 8:40 PM by Susan Gauthier Page 3
FISCAL IMPACT: None

ENVIRONMENTAL REVIEW: The action is not a project under CEQA because it is an administrative and policy governmental activity that will not result in direct or indirect physical changes in the environment. As a separate and independent basis for CEQA compliance, the action is exempt from CEQA under CEQA Guidelines Section 15061(b)(3), which exempts actions when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

LINKS: None

ATTACHMENTS:
• Draft Resolution- Annual Fire Inspection Performance Report

RECOMMENDATION: Adopt a resolution recognizing the Fremont Fire Department’s level of compliance with California Health and Safety Code Sections 13146.2 and 13146.3.

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Resolution 2023-XX Page 1 of 3

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT ACKNOWLEDGING RECEIPT OF THE FIRE
DEPARTMENT’S ANNUAL COMPLIANCE REPORT REGARDING

STATE MANDATED INSPECTIONS OF CERTAIN OCCUPANCIES

WHEREAS, California Health and Safety Code Sections 13146.2 and 13146.3 require all fire departments that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building and fire standards; and

WHEREAS, California Health and Safety Code Section 13146.4 became law in September 2018 (Senate Bill 1205) and requires all fire departments to submit an annual report to the governing body of each jurisdiction having the authority and responsibility to conduct mandated inspections; and

WHEREAS, the Fire Department has submitted to the City Council its annual report on mandated inspections for calendar year 2022, which the Council is required to acknowledge via resolution pursuant to Section 13146.4 of California Health and Safety Code.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT AS FOLLOWS:

SECTION 1. The City Council acknowledges receipt of the Fire Department’s annual report on mandated inspections for calendar year 2022.

SECTION 2. The City Council further acknowledges the Fire Department’s efforts to comply with mandated inspections in calendar year 2022 in the area encompassed by the City of Fremont, as follows:

A. EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City of Fremont, there are currently 185 Group E occupancies, buildings, structures and/or facilities.

During calendar year 2022, the Fremont Fire Department completed or initiated the annual inspection of 48 Group E occupancies, buildings, structures and/or facilities. This reflects a compliance rate of 26% for this reporting period.

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Attachment: Draft Resolution- Annual Fire Inspection Performance Report (4905 : SB1205 Annual Fire Inspection Performance Reporting) Resolution 2023-XX Page 2 of 3

Additional items of note regarding this compliance rate can be found in the accompanying staff report for this resolution.

B. RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non- ambulatory or bedridden. Within the City of Fremont, there are currently 376 Group R (and their associated sub-categories) occupancies of this nature.

During calendar year 2022, the Fremont Fire Department completed or initiated the annual inspection of 207 Group R occupancies, buildings, structures and/or facilities. This reflects a compliance rate of 55% for this reporting period.

C. INSTITUTIONAL GROUP I OCCUPANCIES:

These facilities are classified as Institutional Group I occupancies and generally include hospitals, nursing homes, psychiatric hospitals, courthouse holding facilities, and jails. Group I occupancies also have various subgroups associated with their classification, which are based on the number, capability, type and duration of care provided to a facility’s clients. Although reporting was not specifically required under SB1205, there are currently 20 Group I occupancies, buildings, structures and facilities within the City.

During calendar year 2022, the Fremont Fire Department conducted an annual inspection of 11 Group I occupancies, buildings, structures and facilities. This is a compliance rate of 55%.

ADOPTED ________________, 2023, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Draft Resolution- Annual Fire Inspection Performance Report (4905 : SB1205 Annual Fire Inspection Performance Reporting) Resolution 2023-XX Page 3 of 3

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution- Annual Fire Inspection Performance Report (4905 : SB1205 Annual Fire Inspection Performance Reporting) Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4913) DOC ID: 4913 A
Updated: 5/26/2023 8:53 AM by Alberto Quintanilla A Page 1

MASTER SERVICES AGREEMENT FOR TREE PLANTING AND PROVIDING YOUNG TREE CARE SERVICES -Authorize the City Manager or her Designee to Execute the Master Services Agreement with JTS Tree Expert, Inc. for Tree Planting and Providing Young Tree Care Services
Contact Persons:

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

Executive Summary: The purpose of this report is to authorize the execution of the Master Services Agreement for “Tree Planting and Providing Young Tree Care Services ” to JTS Tree Expert, Inc.

BACKGROUND: On December 7, 2021, the City Council approved the submittal of an application to the California Department of Forestry and Fire Protection for the Cal Fire and Urban Community Forestry Program grant and authorized the City Manager or her designee to execute all necessary applications, contracts, agreements, amendments, payment requests, and any other implementing documents and to implement and carryout out the purposes specified in the grant application and project to completion.

On May 25, 2022, Cal Fire awarded the City a grant of $850,000 under the Prop 68 Urban Forest Expansion and Improvement Grant program.

DISCUSSION/ANALYSIS: A Request for Proposals (RFP# 23-001) to implement tree planting and provide young tree care services through the establishment period was publicly released on July 8, 2022. The RFP remained open through August 18, 2022. The scope of work consists of tree planting, young tree care following the planting of trees such as re- staking, young tree pruning, basin, mulching maintenance, watering to support the survival of these trees through the 6-year establishment period, engagement with property owners to gain permission to assist the City in planting efforts on their property, educating property owners on providing long-term maintenance of trees and identifying planting locations.

The City received five competitive proposals for this service: Arborist Now, Calistros, JTS Tree Expert, Los Loza and Professional Tree Care. These proposals were evaluated by three raters applying the following factors: qualifications, feasibility, responsiveness, service agreement and rates. The JTS Tree Expert, Inc., proposal scored the highest.

Staff recommends executing the contract with JTS Tree Expert Inc., through June 30, 2028, with a total not to exceed amount of $320,000.

FISCAL IMPACT: The funding for “Tree Planting and Providing Young Tree Care Services ” is covered by the Cal Fire Grant.

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Council Staff Report (ID # 4913) Meeting of June 6, 2023 Updated: 5/26/2023 8:53 AM by Alberto Quintanilla A Page 2 ENVIRONMENTAL REVIEW: Approval of tree planting and providing young tree care services master services agreement is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because any environmental impacts associated with any specific tree maintenance activity are speculative at this time, and it is anticipated that compliance with Fremont Municipa l Code Chapter 18.218 (Standard Development Requirements) will be sufficient to avoid such impacts. Typical tree maintenance activity will be exempt pursuant to CEQA Guidelines 15301(h) (maintenance of existing landscaping), but further review may be necessary on a case-by-case basis.

ATTACHMENTS: None

RECOMMENDATION: Authorize the City Manager or her designee to execute the agreement with JTS Tree Expert, Inc., with a total not to exceed amount of $320,000.

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Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4912) DOC ID: 4912
Updated: 5/31/2023 8:45 PM by Susan Gauthier Page 1
COMMUNITY CAMERA REPLACEMENTS - Authorize the City Manager, or Designee, to enter into Agreement and Issue Purchase Orders with Epic iO Technologies, Inc. in an amount not to exceed $236,409, and Neology, Inc. in an amount not to exceed $164,000 for the purchase and installation of replacement cameras in the Community Camera Program
Contact Persons:

Name: Jared Morrison Eric Tang
Title: Special Operations Division
Lieutenant
Police Captain
Div/Dept: Police Department Police Department
Phone: (510) 790-6906 (510) 790-6900
E-Mail: [email protected] [email protected]

Executive Summary: The Fremont Police Department has utilized the Community Camera Program since 2015. Some of the cameras and related accessories have reached their end of life. Epic iO Technologies, Inc. is a sole source provider for high-definition color camera hardware and maintenance since their equipment must integrate into proprietary software.

Neology Inc. is a sole source provider of License Plate Reader (LPRs) cameras since their equipment must be compatible with software currently being utilized on newer cameras that were installed in 2019 and 2020.

Staff recommends that the City Council authorize the City Manager to enter into an agreement with Epic iO Technologies, Inc. for a total not-to-exceed amount of $236,409 for camera hardware and accessory purchase, installation, and ongoing maintenance, and to also authorize entering into an agreement with Neology Inc. for a total not-to-exceed amount of $164,000 for the LPR camera equipment.

BACKGROUND: The Fremont Police Department began a Community Camera Program in 2015, co-locating cameras and License Plate Readers (LPRs) in strategically chosen locations. Since that time, the camera project has been successful in helping the department apprehend criminals committing burglaries, robberies, homicides, and various other crimes.

The Community Camera Program works in conjunction with, and enhances, privately-owned systems to assist in identifying and apprehending suspects involved in crimes committed in the City. The installation of LPR and high-definition color cameras has increased the Police Department’s response, effectiveness, and efficiency, helping to preserve and enhance the level of safety in the City. The Fremont Police Department continues to believe the deployment and utilization of community cameras helps to reduce, deter, or mitigate criminal activity within the City from a prevention standpoint as well as an investigative tool. In addition, public awareness of the camera program provides some level of crime deterrence.

DISCUSSION/ANALYSIS: Between 2015 and 2018, the Police Department strategically placed LPR and high-definition color cameras at eleven locations around the City. These

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Council Staff Report (ID # 4912) Meeting of June 6, 2023 Updated: 5/31/2023 8:45 PM by Susan Gauthier Page 2
locations were chosen based upon an ongoing, thorough analysis of crime locations, trends and to bolster investigative leads. The LPR and color cameras, hardware, components and software for each of the eleven locations are at or beyond end of life. As the sole source provider for the high-definition camera and accessories, EPIC iO Technologies, Inc. will replace and install the high-definition color cameras at the eleven locations and provide five years of monitoring and maintenance. As the sole source provider for the LPR cameras, Neology Inc. will replace eleven of the original LPR cameras.

The new LPR and color cameras, hardware and software will improve the Community Camera Program with upgraded electronical components which are not as susceptible to failure and provide the end user with higher quality images, thus continuing its benefits to the department and community.

FISCAL IMPACT: The estimated cost of replacing the end-of-life high-definition color cameras and associated parts, including installation and maintenance with Epi c iO Technologies, Inc. is $236,409 and will be paid from the adopted FY 2022/23 Police Department budget. The estimated cost of replacing the end-of-life LPR cameras with Neology Inc. is $164,000 and will be paid from the adopted FY 2022/23 Police Department budget.

ENVIRONMENTAL REVIEW: The purchase of community cameras and associated parts 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.

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to execute an agreement and issue a purchase order with Epic iO Technologies, Inc. in an amount not to exceed $236,409 for high-definition color cameras, associated parts, installation and maintenance.

2. Authorize the City Manager, or designee, to execute an agreement and issue a purchase order with Neology, Inc. in an amount not to exceed $164,000 for replacement LRP cameras.

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Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4914) DOC ID: 4914
Updated: 5/31/2023 10:22 AM by Alberto Quintanilla Page 1 ANNUAL APPROVAL OF INVESTMENT POLICY - Annual Approval of Investment Policy and Delegation of Authority to City Treasurer to Manage Investments Contact Persons:

Name: Mario Rosas David Persselin
Title: Purchasing and Accounts Payable
Division Manager
Finance Director
Div/Dept: Finance Department Finance Department
Phone: 510-494-4637 510-494-4631
E-Mail: [email protected] [email protected]

EXECUTIVE SUMMARY: In accordance with California Government Code Section 53646(a)(2), the City Treasurer presents the City’s Annual Investment Policy for the City Council’s consideration and approval at a public meeting. Additionally, the City Council may elect to delegate its authority to invest and reinvest City funds to the City Treasurer for up to one year pursuant to Government Code Section 53607.

Recommended revisions to the Investment Policy include updates to reflect recent Government Code changes resulting from the passage of Senate Bill 1489.

Staff recommends that the City Council adopt a resolution approving the City’s revised investment policy for FY 2023/24 and delegating the City Council’s authority to invest and reinvest public funds, and to sell or exchange securities so purchased, to the Finance Director/Treasurer for one year or until earlier revoked by the City Council.

BACKGROUND: California Government Code section 53601 et seq. allows the City Council to invest money in its treasury not required for its immediate needs. The investments must be made in accordance with the City’s Annual Investment Policy, approved by the City Council during a public meeting (Gov. Code section 53646(a)(2)). The City Council may delegate its authority for conducting investment transactions to the City Treasurer annually, for up to one year (Gov. Code section 53607)). On June 7, 2022, the City Council approved the City’s current Investment Policy and delegated investment authority to the City Treasurer for FY 2022/23.

DISCUSSION/ANALYSIS:

City Investment Policy

Once adopted by Council, the Investment Policy sets portfolio management objectives and practices, specifies allowable investment instruments, states the criteria for purchasing those securities, prohibits certain types of security purchases, and fixes the maximum investment horizon (generally five years). The Treasurer uses these guidelines to manage and safeguard the investment of all public funds held by the City, except for bond proceeds.

Bond proceeds are invested in accordance with financing documents approved by the City Council when bonds are first issued. These investment transactions are executed by the trustees of the respective bond issues under the direction of City staff.

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Council Staff Report (ID # 4914) Meeting of June 6, 2023 Updated: 5/31/2023 10:22 AM by Alberto Quintanilla Page 2

On April 16, 2019, the City Council approved the appointment of PFM Asset Management LLC (“PFM”) to provide investment advisory services to the City. Although PFM actively manages the portion of the City’s cash portfolio not needed to meet near-term obligations, fiduciary responsibility for investments remains with the City. The Treasurer and Finance Department staff ensure that all investments are consistent with the Investment Policy approved by the Council and provide oversight with appropriate checks and balances over the investment process.

Proposed Revisions to Investment Policy

As part of its portfolio management services, PFM has reviewed the City’s proposed FY 2023/24 Investment Policy and has determined that it is in compliance with all applicable California Government Code statutes regulating the investment of public funds. However, PFM has suggested a revision with which staff concurs.

Senate Bill 1489 (“SB 1489”), also known as the Local Government Omnibus Act of 2022, which took effect on January 1, 2023, made a number of amendments to certain sections of the Government Code which govern the investment of public funds. Changes made to Government Code section 53601, the section that governs the investment of public funds, include the addition of language stating that an investment’s term or remaining maturity shall be measured from the settlement date to final maturity, and, that a security purchased in accordance with Government Code section 53601 shall not have a forward settlement date exceeding 45 days from the time of investment.

Delegation of Authority to the City Treasurer

Staff recommends that the City Council delegate its authority to invest and reinvest public funds, and to sell or exchange securities so purchased, to the Finance Director/Treasurer for one year or until earlier revoked by the City Council, in accordance with Government Code section 53607.

Under the delegated authority, the City Treasurer will continue to make a monthly report of investment transactions to the City Council. Each monthly Cash and Investments Report (“Treasurer’s Report”) describes the portfolio’s composition and recent performance and reports the month’s investment transactions. Within each Treasurer’s Report, the Treasurer certifies that all investments were made in compliance with the Investment Policy and that there are adequate funds to pay City obligations for at least six months.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: Action on this item represents a fiscal, organizational and administrative governmental activity that will not result in physical changes in the environment. Therefore, it is not a project subject to review under the California Environmental Quality Act (CEQA) pursuant to '"CEQA Guidelines section 15378.

ATTACHMENTS:
• Draft Resolution - 2023-24 Investment Policy

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Council Staff Report (ID # 4914) Meeting of June 6, 2023 Updated: 5/31/2023 10:22 AM by Alberto Quintanilla Page 3 RECOMMENDATION: Adopt a resolution approving the City’s Investment Policy for FY 2023/24 and delegating the City Council’s authority to invest and reinvest public funds, and to sell or exchange securities so purchased, to the Finance Director/Treasurer for one year or until earlier revoked by the City Council.

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FY 2023/24 Investment Policy Page 1 of 15
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT APPROVING A STATEMENT OF INVESTMENT POLICY (FY 2023/24)

WHEREAS, pursuant to California Government Code section 53646, the Treasurer of the City of Fremont has proposed a Statement of Investment Policy (FY 2023/24) for consideration by the City Council, which is attached hereto as Exhibit “A”, and incorporated herein by reference; and

WHEREAS, the City Council wishes to delegate the authority to invest all public funds held by the City to the City Treasurer for a period of one year from the date of this Resolution as authorized by California Government Code Section 53607;

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fremont, as follows:

SECTION 1. The City of Fremont Statement of Investment Policy (FY 2023/24) is hereby approved and adopted.

SECTION 2. The authority to invest and reinvest all public funds held by the City of Fremont, and to sell or exchange the securities so purchased, in compliance with the terms of the approved Statement of Investment Policy (FY 2023/24) is hereby delegated to the City Treasurer for a period of one year effective July 1, 2023, or until earlier revoked by the City Council.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor:

________________________________

ATTEST: APPROVED AS TO FORM:

___________________________ ________________________________ City Clerk City Attorney

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EXHIBIT A

CITY OF FREMONT
STATEMENT OF INVESTMENT POLICY (FY 2023/24)
Effective July 1, 2023

POLICY
It is the policy of the City of Fremont to invest public funds in a prudent manner which will provide the highest yield consistent with the maximum security and preservation of invested principal, while meeting the daily cash flow demands of the City, and conforming to all applicable federal, state and local statutes governing the investment of public funds.

SCOPE
This investment policy applies to all financial assets of the City and excludes retirement and deferred compensation funds. Financial assets are reported in the City’s Annual Comprehensive Financial Report and are accounted for in the following funds:
• General Fund
• Special Revenue Funds
• Capital Projects Funds
• Debt Service Funds
• Internal Service Funds
• Trust and Custodial Funds
• Any new fund created by the City Council unless specifically exempted The provisions of the related bond indentures or resolutions shall govern investments of bond proceeds. A glossary of terms is attached hereto as Attachment “1”, and is incorporated herein by reference.

PRUDENCE
The City shall manage its temporarily idle cash investments under the “prudent investor” standard, as defined by California Government Code Section 53600.3, which shall be applied in the context of an overall portfolio. Investment officers shall manage the City’s funds with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.

Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.

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OBJECTIVES
The objectives for investing and managing public funds and the order of priority are as follows:
• Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions, as well as investing in high investment grade securities. • Liquidity: The City’s investment portfolio shall remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. Liquidity refers to the ability to sell an investment at any given moment with a minimal chance of losing some portion of principal or interest.
• Yield: The City’s investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and the cash flow characteristics of the portfolio.

DELEGATION OF AUTHORITY
Authority to manage the City’s investment program is derived from the California Government Code. Management responsibility for the investment program is hereby delegated to the Treasurer, who shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials, and their procedures in the absence of the Treasurer.

The Treasurer shall establish written investment policy procedures for the operation of the investment program consistent with this investment policy. The procedures should include references to safekeeping, Public Securities Association repurchase agreements, wire transfer agreements, collateral/depository agreements, banking services contracts, and other investment- related activities. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer.

The Treasurer can designate a staff person(s) to be responsible for investment transactions and to sign as a secondary signature on time deposits and other public fund accounts. Regardless of any other person so designated, the Treasurer is expressly authorized to so designate the City’s Treasury Analyst as having this capacity. The City may engage the support services of outside professionals in regard to its investment program, as long as it can be clearly demonstrated that these services produce a financial advantage and protection of the portfolio.

ETHICS AND CONFLICTS OF INTEREST
The Treasurer and all investment personnel shall refrain from personal business activities that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. The Treasurer and all investment personnel shall disclose to the City Manager any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any material personal financial/investment positions that could be related to the performance of the City’s investment portfolio.

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The State of California Fair Political Practices Commission Statement of Economic Interests, Form 700, shall be completed on an annual basis by the Treasurer and other employees designated in Government Code Section 87200.

AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS
The Treasurer will maintain a list of financial institutions that are authorized to provide investment capacity selected on the basis of their creditworthiness, financial strength (minimum capitalization of $10,000,000), experience (at least five years of operation), and references. In addition, a list will also be maintained of approved security broker/dealers, primary or regional, who are authorized to provide investment and financial advisory services in California. If the City retains an investment advisor, the investment advisor may use its own list of approved issuers and authorized broker/dealers to conduct transactions on behalf of the City provided that the list is made available to the City upon request. No public deposit shall be made except in a qualified public depository as established by state laws.

An annual audited financial statement is required to be submitted by each financial institution and broker/dealer. The registration status and standing of all brokers/dealers shall be verified with the National Association of Securities Dealers, the Securities and Exchange Commission or other applicable self-regulatory organizations.

Annually and before engaging in investment transactions with a broker/dealer, the firm shall sign a certification form attesting that the individual responsible for the City’s account with that firm has reviewed the investment policy and that the firm understands the policy and intends to present only those investment transactions appropriate under the policy.

AUTHORIZED AND SUITABLE INVESTMENTS
The City is empowered by California Government Code Section 53601 to invest in the following types of securities:
• Bonds and notes issued by the City of Fremont and the Fremont Public Financing Authority, regardless of the term to maturity for such bonds and notes. This extension of the maximum five-year term specified in California Government Code Section 53601 applies only to such bonds and notes issued by the above entities constituting the City and its affiliated public agencies.
• United States Treasury bills, notes, bonds, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. • Registered state warrants or treasury notes or bonds issued by the State of California in the third highest rating category or better by a nationally recognized statistical rating organization (NRSRO). Purchases may not exceed 30% of surplus funds. • Registered treasury notes or bonds of any of the other 49 states in addition to California in the third highest rating category or better by a NRSRO. Purchases may not exceed 30% of surplus funds.

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• Bonds, notes, warrants or other evidence of debt issued by a local agency within the State of California in the third highest rating category or better by a NRSRO. Purchases may not exceed 30% of surplus funds.
• Obligations issued by agencies or instrumentalities of the U.S. Government. • Bankers’ acceptances with a term not to exceed 180 days. Not more that 40% of surplus funds can be invested in bankers’ acceptances and no more than 30% of surplus funds can be invested in the bankers’ acceptances of any single commercial bank. The financial institutions must be rated in the highest short-term rating category by a NRSRO. • Prime commercial paper may not exceed 270 days and must carry the highest rating issued by Moody’s Investors Service or Standard & Poor’s Corporation. Commercial paper may not exceed 40% of total surplus funds. Eligible paper shall be issued by corporations that are organized and operating within the United States, having total assets in excess of $500,000,000, rated A-1, and if the issuer has issued long-term debt, it must be rated in the third highest rating category or better by a NRSRO.
• Negotiable certificates of deposit issued by federally or state chartered banks or associations, a state or federal credit union, or by a federally licensed or state licensed branch of a foreign bank.

Purchases may not exceed 30% of surplus funds and must be rated in the third highest rating category or better by a NRSRO.
• Repurchase agreements that comply with statutory requirements, are documented by a written agreement, are fully collateralized by delivery to an independent third party custodian or the counterparty’s bank’s trust department or safekeeping department, and are for a term of one year or less. The market value of the collateral shall be 102% or greater of the funds borrowed against those securities and the value shall be adjusted no less frequently than monthly.

Repurchase agreements shall only be made with primary dealers of the Federal Reserve Bank of New York. Reverse repurchase agreements and securities lending transactions are not to be entered into unless specifically authorized by the City Council. • Medium term notes with a maximum maturity of five years, by corporations organized and operating in the United States or by depository institutions licensed by the United States, or any state operating within the United States, and rated in the third highest rating category or better by a NRSRO. No more than 30% of surplus funds can be invested in this type of security. • The Local Agency Investment Fund (LAIF) maintained by the State of California. • Shares of beneficial interest issued by diversified management companies investing solely in the securities and obligations authorized by this section categorized as money market mutual funds.

Such funds must carry the highest credit rating by a NRSRO. No more than 20% of surplus funds can be invested in such funds. The companies shall retain an investment adviser registered with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations as authorized by this section, and with assets under management in excess of $500,000,000. The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include any commission that these companies may charge.

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• Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 of the California Government Code that invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria. The adviser is registered or exempt from registration with the Securities and Exchange Commission. The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. The adviser has assets under management in excess of five hundred million dollars.
• Insured or collateralized time deposits or savings accounts secured in accordance with the provisions of Sections 53651 and 53652 of the California Government Code. If the collateral is government securities, 110% of market value to the face amount and accrued interest of the deposit is required. If secured by first mortgages and first deeds of trust, the market value must be 150% of the face amount and accrued interest of the deposit. The collateral must be held by a third party.
• Mortgage pass-through securities, collateralized mortgage obligations, mortgage-backed or other pay-through bonds, equipment lease-backed certificates, consumer receivable passthrough certificates, or consumer receivable-backed bonds. Securities in this category must be rated in the second highest rating category or better by a NRSRO and have a maximum remaining maturity of five years or less. No more than 20% of surplus funds may be invested in these securities.
• United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Securities in this category must be rated in the second highest rating category or better by a NRSRO. No more than 30% of surplus funds may be invested in these securities.

Required ratings will be deemed to be the rating on the date of purchase.

A five-year maximum remaining maturity is allowed unless an extension of maturity is granted by the City Council. For purposes of compliance with this Policy, an investment’s term or remaining maturity shall be measured from the settlement date to final maturity. A security purchased in accordance with this Policy shall not have a forward settlement date exceeding 45 days from the time of investment.

Where this section specifies a percentage limitation for a particular security type, that percentage is applicable only on the date of purchase. Credit criteria listed in this section refers to the credit rating at the time the security is purchased. If an investment’s credit rating falls below the minimum rating required at the time of purchase, the Treasurer will perform a timely review and decide whether to sell or hold the investment.

Prohibited Investments. In accordance with Section 53651 of the California Government Code, the City shall not invest any funds in inverse floaters, range notes or interest-only strips that are derived

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from a pool of mortgages or in any security that could result in zero interest accrual if held to maturity, except as provided in the subsequent paragraph.

Notwithstanding the prohibitions stated in the above paragraph, effective January 1, 2021, the City may invest in securities issued by, or backed by, the United States government that could result in zero- or negative-interest accrual if held to maturity, in the event of, and for the duration of, a period of negative market interest rates. The City may hold these instruments until their maturity dates.

This paragraph shall remain in effect only until January 1, 2026, and as of that date is repealed.

The limitation shall not apply to investments in shares of beneficial interest issued under the Investment Company Act of 1940 that are authorized investments under Section 53601 of the California Government Code. Additionally, pursuant to City Council policy adopted October 9, 2018, the City shall not invest any funds in securities issued by firms whose general business activities are classified as “Energy - Oil, Gas & Coal” according to the Bloomberg Industry Classification System.

INVESTMENT POOLS/MUTUAL FUNDS
A thorough analysis of any pooled investments such as LAIF, money market funds, or local government investment pools held by the City shall be conducted by the City Treasurer on an annual basis. The analysis shall include a review of the pools investment policy, underlying securities, and an assessment of risk management procedures.

SAFEKEEPING AND CUSTODY
All security transactions entered into by the City shall be conducted on a delivery versus payment (DVP) basis. All securities purchased or acquired shall be held by a third-party custodian having a custodial agreement with the City and shall be evidenced by a safekeeping receipt. The custodian must be a federal or state association, a trust company or a state or national bank who is a member of the Federal Reserve System.

DIVERSIFICATION
The City will diversify its investments by security type, except for securities issued by the U.S.

Government and its agencies, and by institution to reduce or eliminate risk of loss. The following guidelines shall apply:
• Maturities selected shall provide for stability and liquidity. • No more than 5% of surplus funds shall be invested in the securities of any issuer regardless of security type, excluding U.S. Treasuries, Federal Agencies, and pooled investments such as LAIF, money market funds, or local government investment pools.

REPORTING
The Treasurer shall submit to each member of the City Council a monthly report. The report shall contain a complete description of the portfolio, including the types of investments, issuers, maturity dates, par values and current market values. In the case of funds invested in the Local Agency Investment Fund (LAIF), funds invested by external investment managers, funds held by trustees or

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fiscal agents, and moneys administered by plan administrators of retirement or deferred compensation plans, current statements from those institutions will satisfy the reporting requirements. The report will also include a certification of the following:
• All investment activities since the last report have been made in full compliance with the investment policy.
• The City will meet its expenditure requirements for the next six months.

INTERNAL CONTROL
The Treasurer shall establish investment procedures that provide for adequate internal control. An annual process of independent review of the procedures will be part of the regular audit procedures performed by the City’s external auditor.

PERFORMANCE STANDARDS
The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with investment risk constraints and the City’s cash flow needs. The basis to be used to determine whether market yields are being achieved shall be the funds most comparable to the portfolio and the U.S. Treasury note or bill with a maturity close to the average life of the portfolio.

ADOPTION
The investment policy shall be adopted annually by resolution of the City Council.

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Attachment “1”

CITY OF FREMONT

STATEMENT OF INVESTMENT POLICY

GLOSSARY

The following technical words are included in the policy because they are common treasury and investment terminology.

Accrued Interest: Coupon interest accumulated on a bond or note since the last interest payment or, for a new issue, from the dated date to the date of delivery.

Agencies: Debt instruments issued by the U.S. government agencies, departments, government- sponsored corporations and related instrumentalities to finance their own programs. Some examples of these agencies are the Federal Farm Credit Bank and the Federal Home Loan Bank.

Asked: The price at which securities are offered. The offer price is the cost of the security to the buyer.

Bankers’ Acceptance (BA): A draft or bill of exchange accepted by a bank or trust company. The accepting institution, as well as the issuer, guarantees payment of the bill.

Basis Points: Refers to the yield on bonds. Each percentage point of yield in bonds equals 100 basis points (1/100% or 0.01%). If a bond yield changes from 7.25% to 7.39%, that is a rate change of 14 basis points.

Benchmark: A passive index used to compare the performance, relative to risk and return, of an investor’s portfolio.

Bid: The price offered by a buyer of securities. This is payment that the seller gets when a security is sold.

Broker: A broker brings a buyer and seller together for a commission.

Callable: Securities subject to payment of the principal amount and accrued interest prior to the stated maturity date, with or without premium.

Certificate of Deposit (CD): A time deposit with a specific maturity, evidenced by a certificate issued by commercial banks and savings institutions, that usually returns principal and interest to the lender at the end of the loan period. CDs differ in terms of collateralization and marketability, as follows:

Negotiable Certificates of Deposit – Generally, a short-term debt instrument that usually pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. The majority of negotiable CDs mature within six months, while the average maturity is two weeks. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor).

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Non-Negotiable Certificates of Deposit – CDs that carry a penalty if redeemed prior to maturity. A secondary market does exist for these non-negotiable CDs, but includes a transaction cost that reduces returns to the investor. Non-negotiable CDs issued by banks and savings and loans are insured by the Federal Deposit Insurance Corporation (FDIC) for up to $250,000, including principal and interest. Amounts deposited above this amount are required to be collateralized by the financial institution.

Collateral: Securities, evidences of deposit or other property which a borrower pledges to secure repayment of a loan or to secure deposits of public moneys.

Commercial Paper: An unsecured short-term promissory note issued by corporations, with maturities ranging from two to 270 days.

Corporate Notes and Bonds: Debt instruments, typically unsecured, issued by corporations, with original maturities in most cases greater than one year and less than 10 years.

Coupon: The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. Also, a certificate attached to a bond evidencing interest due on a payment date.

Credit Rating: Various alphabetical and numerical designations used by institutional investors, Wall Street underwriters, and commercial rating companies to give relative indications of bond and note creditworthiness. Standard & Poor’s and Fitch Ratings use the same system, starting with their highest rating, of AAA, AA, A, BBB, BB, B, CCC, CC, C, and D for default. Moody’s Investors Service uses Aaa, Aa, A, Baa, Ba, B, Caa, Ca, C, and D. Each of the services uses pluses (+) and minuses (-), or numerical modifiers to indicate steps within each category. The top four letter categories are considered investment-grade ratings.

Credit Risk: The chance that an issuer will be unable to make scheduled payments of interest and principal on an outstanding obligation. Another concern for investors is that the market’s perception of a corporation’s credit will cause the market value of a security to fall, even if default is not expected.

CUSIP Number: An identifying number developed by the Committee on Uniform Security Identification Procedures, under the auspices of the American Bankers Association, to provide a uniform method of identifying municipal, U.S. government, and corporate securities. The CUSIP number is a nine-character identifier unique to the issuer, the specific issue and the maturity, if applicable (the first six characters identifying the issuer, the next two identifying the security, and the last digit providing a check digit to validate the accuracy of the preceding CUSIP number).

Custodian: A bank or other financial institution that keeps custody of stock certificates and other assets.

Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.

Debenture: A bond secured only by the general credit of the issuer.

Delivery versus Payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of

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money for the securities. Delivery versus receipt is delivery of securities with an exchange of signed receipt for the securities.

Discount: The difference between the price of a security and its value at maturity, when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.

Discount Securities: Non-interest bearing money market instruments that are issued below the face amount and redeemed at maturity at full face value, such as U.S. Treasury Bills.

Diversification: Dividing investment funds among a variety of securities offering independent returns, maturities and market risks.

External Investment Managers: Professional money managers who administer pooled investments on behalf of local governments and are paid on a fee for service basis. A local agency may delegate discretionary or non-discretionary authority. Discretionary authority allows the manager to make trades proactively in compliance with a set of investment criteria. With non-discretionary authority, the manager must obtain the local agency’s approval for investment transactions.

Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per deposit.

Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations.

Federal Home Loan Banks (FHLB): Government-sponsored wholesale banks (currently 12 regional banks) that lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions, and insurance companies. The mission of the FHLB is to liquefy the housing-related assets of its members who must purchase stock in their district Bank.

Federal National Mortgage Association (FNMA or Fannie Mae): FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act of 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. FNMA is a private stockholder-owned corporation. The corporation’s purchases include a variety of adjustable mortgages and second loans, in addition to fixed rate mortgages. FNMA’s securities are highly liquid and widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.

Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac): This agency was established in 1970 to help maintain the availability of mortgage credit for residential housing.

Federal Open Market Committee (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other presidents serve on a rotating basis.

The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of government securities in the open market as a means of influencing the volume of bank credit and money.

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Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system.

Government National Mortgage Association (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holders are protected by the full faith and credit of the U.S. government. GNMA securities are backed by the FHA, VA, or FMHA mortgages. The term “pass-throughs” is often used to describe GNMA securities.

Guaranteed Investment Agreement: A contract with a financial institution to guarantee a certain investment return on moneys invested under the agreement. It is usually provided by a highly rated financial company, in most instances an insurance company or a commercial bank. It is sometimes used as a convenient means of managing bond proceeds that are subject to yield restrictions or rebate. The return may be fixed or may float at a level related to the yield on the bonds (bond proceeds) or an index.

Liquidity: An asset that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable in size.

Liquidity Risk: The chance that a security, sold prior to maturity, will be sold at a loss of value. For a local agency, the liquidity risk of an individual investment may not be a critical as how the overall liquidity of the portfolio allows the agency to meet its cash needs.

Local Agency Investment Fund (LAIF): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment.

Market Risk: The chance that the value of a security will decline as interest rates rise. In general, as interest rates fall, prices of fixed income securities rise. Similarly, as interest rates rise, prices fall.

Market risk also is referred to as systematic risk or risk that affects all securities within an asset class similarly.

Market Value: The price at which a security is trading and could presumably be purchased or sold at a particular point in time.

Master Repurchase Agreement: A written contract covering all future transactions between the parties to repurchase/reverse repurchase agreements that establishes each party’s rights in the transactions. It specifies the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller-borrower.

Maturity: The date upon which the principal or stated value of an investment becomes due and payable.

Medium-Term Note: Corporate or depository institution debt securities meeting certain minimum quality standards (as specified in the California Government Code) with a remaining maturity of five years or less.

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Attachment: Draft Resolution - 2023-24 Investment Policy (4914 : Annual Approval of Investment Policy)

FY 2023/24 Investment Policy Page 13 of 15
Money Market: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded.

Offer: The price asked by a seller of securities. When buying securities, the investor asks for an offer.

Open Market Operations: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve’s most important and most flexible monetary policy tool.

Par Amount or Par Value: The principal amount of a note or bond that must be paid at maturity.

Par, also referred to as the “face amount” of a security, is the principal value stated on the face of the security. A par bond is one sold at a price of 100% of its principal amount.

Portfolio: Collection of securities held by an investor. The purpose of a portfolio is to reduce risk by diversification.

Premium: The difference between the par value of a security and the cost of the security, when the cost is above par. Investors pay a premium to purchase a security when the return to the investor (yield) is lower than the stated coupon (interest rate) on the investment.

Primary Dealer: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker-dealers, banks and a few unregulated firms.

Prudent Person Rule: A standard of conduct where a person of discretion and intelligence who is seeking a reasonable income and preservation of principal acts with care, skill, prudence and diligence when investing, acquiring, exchanging, selling, and managing funds. The test of whether the rule is being met is if a prudent person acting in such a situation would engage in similar conduct to ensure that investments safeguard principal and maintain liquidity.

Rate of Return: The yield of a security based on the ratio of the coupon income to the purchase or market price.

Repurchase Agreement: An agreement of one party (for example, a financial institution) to sell securities to a second party (such as a local agency) and a simultaneous agreement by the first party to repurchase the securities at a specified price from the second party on demand or at a specified date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate him for this.

Reverse Repurchase Agreement: An agreement of one party (for example, a financial institution) to purchase securities at a specified price from a second party (such as a local agency) and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date.

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Attachment: Draft Resolution - 2023-24 Investment Policy (4914 : Annual Approval of Investment Policy)

FY 2023/24 Investment Policy Page 14 of 15
Risk: The uncertainty of maintaining the principal or interest associated with an investment due to a variety of factors.

Safekeeping: A service to customers rendered by financial institutions for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vault for protection. Other services normally provided include marking the portfolio to market value, and reporting investments held and investment activities.

Safety: In the context of investing public funds, safety relates to preserving the principal of an investment in an investment portfolio; local agencies address the concerns of safety by controlling exposure to risks.

Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution.

Securities and Exchange Commission (SEC): An agency created by Congress to protect investors in securities transactions by administering securities legislation.

Structured Notes: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, etc.) and Corporations, which have imbedded options (e.g., call features, step-up coupons) into their debt structure. Their market performance is affected by the fluctuation of interest rates, the volatility of the imbedded options, and shifts in the shape of the yield curve.

Supranational Debt: International or multi-lateral financial agency debt, will capitalized, with strong credit support from contingent capital calls from member countries. Large Supranational Debt is rated AAA by most NRSROs and is highly liquid, with availability in a wide range of maturities.

Treasury Bills: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Treasury bills have a maximum maturity of one year.

Treasury Bonds: Long-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. government and having initial maturities of more than 10 years.

Treasury Notes: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. government and having initial maturities from two to 10 years.

Variable Rate Notes: Securities which pay interest at rates that can fluctuate during the life of the security.

When Issued: A conditional transaction that takes place between the time a new issue is offered and the time of physical delivery of the bonds. It is understood between the buyer and the seller that a transaction will occur when and if the bonds are issued.

Yield: The rate of annual income return on an investment, expressed as a percentage. Income yield is obtained by dividing the current dollar income by the current market price for the security. Net yield or yield to maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the purchase date to the maturity date.

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Attachment: Draft Resolution - 2023-24 Investment Policy (4914 : Annual Approval of Investment Policy)

FY 2023/24 Investment Policy Page 15 of 15
Yield Curve: A graphic representation that shows the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity.

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Attachment: Draft Resolution - 2023-24 Investment Policy (4914 : Annual Approval of Investment Policy) Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4921) DOC ID: 4921
Updated: 5/26/2023 8:55 AM by Alberto Quintanilla Page 1 AGREEMENTS FOR PLAYGROUND EQUIPMENT - Authorize the City Manager or her Designee to Execute Agreements with GameTime and Ross Recreation Equipment for Playground Equipment at Kennedy and Sabercat Playground Sites Located at Central Park
Contact Persons:

Name: Juan Barajas Suzanne Wolf
Title: Parks Superintendent Community Services Director Div/Dept: Community Services Community Services
Phone: 510-979-5780 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: Authorize the City Manager or her designee to execute agreements for replacement, safety and surfacing work of: 1) Kennedy playground equipment at Central Park with Ross Recreation Equipment in an amount not to exceed $132,000, and 2) Sabercat playground equipment at Central Park with GameTime in an amount not to exceed $127,000.

BACKGROUND: At Central Park, the Kennedy playground opened in June 2010 and the Sabercat Playground opened in July of 2012. Both playgrounds include age-appropriate playground equipment such as swings, climbing equipment and slides. These playgrounds are popular amenities, especially during the spring and summer months.

As part of the Park Maintenance monthly playground inspections, staff identified safety hazards consisting of stress failure and deterioration of playground equipment at these sites. These issues require attention to meet the City’s safety standard for playground equipment use by the community.

DISCUSSION/ANALYSIS: City staff recommends awarding the contract as a sole source, as authorized by Section 3.20.300 of the Fremont Municipal Code, to Ross Recreation Equipment and GameTime as the playground equipment is only made by these firms and the equipment is proprietary to each respective firm. The playground climbing equipment structure at Kennedy was manufactured by Ross Recreation Equipment. The playground tube slide at Sabercat was manufactured by GameTime.

Each firm has provided a quote for the replacement and repair of the playground equipment.

FISCAL IMPACT: All City costs associated with this agreement are included in the budget adopted through the biennial CIP process (PWC8501 Capital Replacement for Parks). (PWC 8501).

ENVIRONMENTAL REVIEW: Approval of replacement, safety and surfacing work of playground equipment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 as minor changes to existing facilities.

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Council Staff Report (ID # 4921) Meeting of June 6, 2023 Updated: 5/26/2023 8:55 AM by Alberto Quintanilla Page 2

ATTACHMENTS: None.

LINKS: None.

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute an Agreement with Ross Recreation Equipment in an amount not to exceed $132,000 for playground equipment at Kennedy playground site at Central Park.

2. Authorize the City Manager or designee to execute an Agreement with Gametime in an amount not to exceed $127,000 for playground equipment at Sabercat playground at Central Park.

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Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4916) DOC ID: 4916
Updated: 5/26/2023 8:54 AM by Alberto Quintanilla Page 1 CITY BUILDING FIRE AND SECURITY PROTECTION - Approval of Service Agreement with Pyro-Comm Systems for Fire Alarm and Intrusion Alarm Monitoring, Inspection, Testing, and Maintenance; and Fire Sprinkler Inspection, Testing and Maintenance for City-Owned Buildings, in the Amount Up to $1,669,612.24 for a Five-Year Period; Make Findings of CEQA Exemption.

Contact Persons:

Name: Pat Kendrick Hans Larsen
Title: Building Maintenance Manager Public Works Director Div/Dept: Public Works Public Works
Phone: 510-979-5768 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to obtain support services for the consolidated and streamlined management of 58 fire alarm systems, 7 intrusion alarm systems, and 62 fire sprinkler systems located in City of Fremont owned buildings.

BACKGROUND: The City of Fremont owns 62 buildings with fire and life safety equipment.

Most buildings have both a fire alarm system and fire sprinkler system while some older buildings may have only one or the other. Some City campuses have one fire alarm system supporting multiple buildings.

There are many components making up a fire and life safety system and can include a fire alarm panel, smoke detection devices, audible/visual devices, and a fire suppression system, usually water-based for City buildings, but will include chemical agent systems for computer server rooms. A fire and life safety system requires 24-hour monitoring, and routine inspection and testing services, as specified by National Fire Protection Association (NFPA) codes and standards.

Currently there is a service agreement for fire alarm/intrusion alarm services and another agreement for fire sprinkler services. The City entered into contract with one vendor f or both services 5 years ago. A new Request for Proposals (RFP) was created to consolidate these services to one agreement with the winning bidder and streamline all fire alarm/intrusion alarm and fire sprinkler services for City buildings.

DISCUSSION/ANALYSIS: Contractual services with the current vendor for fire alarm/intrusion alarm services; and fire sprinkler services will expire on June 30, 2023. The City issued an RFP on March 8, 2023, for Fire and Intrusion Alarm Monitoring, Inspection, Testing, and Maintenance; and Fire Sprinkler Inspection, Testing, and Maintenance. A “job walk” site review of City buildings was conducted on March 14, 2023, for interested proposers. The City received proposals on March 28, 2023. Two contractors submitted proposals for review.

A panel consisting of City staff evaluated the submitted proposals. After review, it was determined that the proposer, Pyro-Comm Systems Inc., is qualified and has the means necessary to perform the services as outlined in the RFP. Staff recommends executing a

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Council Staff Report (ID # 4916) Meeting of June 6, 2023 Updated: 5/26/2023 8:54 AM by Alberto Quintanilla Page 2 service agreement with Pyro-Comm Systems, Inc. for an initial one-year period from July 1, 2023 through June 30, 2024; with an option to extend four additional one-year terms through June 30, 2028. Proposed compensation would include:

• $93,675 annual recurring cost for fire and intrusion alarm monitoring, UL certification, inspection, and testing ($468,375 for 5-year term) • $99,306 annual recurring cost for fire sprinkler inspection and testing ($496,530 for 5-year term)
• $14,557 annual rough estimate cost for fire sprinkler inspections as they become due ($72,785 for all inspections combined over 5 years)
• $100,000 annual contingency for as needed minor repair work ($500,000 for 5-year term)
• $91,200 one-time initial setup costs for fire alarm panel programming, labor for creating building plans and zoning of 62 buildings, and City permit fees required by the Building Department
• $8,144.45 annual recurring cost for performance and payment bonds ($40,722.24 for 5-year term)

FISCAL IMPACT: The recommended action has a total not to exceed amount of $1,669,612.24 over a 5-year period, though June 30, 2028. The source of funding is from the General Fund operating budget for Public Works Building Maintenance.

ENVIRONMENTAL REVIEW: The proposed project is exempt from the California Environmental Quality Act (CEQA) based on the general rule exemption, Section 15061(3), as it can be seen with certainty that the proposed activity would not have a significant effect on the environment.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager or designee to execute a Service Agreement with Pyro-Comm Systems Inc. to provide Fire Alarm and Intrusion Alarm Monitoring, Inspection, and Maintenance; and Fire Sprinkler Inspection Testing and Maintenance services effective July 1, 2023, through June 30, 2024, with an option to extend services for four additional one-year terms, with a total contract amount for a five- year period not to exceed $1,669,612.24.

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Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Property Acquisitions & Dispositions

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4918) DOC ID: 4918
Updated: 6/1/2023 8:31 AM by Alberto Quintanilla Page 1 WASHINGTON BOULEVARD STREET VACATION - Initiation of a Proceeding to Consider Vacation of a Portion of Washington Boulevard Near Ellsworth Street and Set a Public Hearing on July 11, 2023 at 7:00 PM.

Contact Persons:

Name: Yiu Kei Louie Hans Larsen
Title: Engineer II (Civil) Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4727 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to initiate the process for vacating a portion of Washington Boulevard to support development of the Mission Paradise project located in Council District 5.

BACKGROUND: The business entity known as “6021 Wei Ying LLC” is the property owner and developer of the 0.66-acre site located at 270 Washington Boulevard, commonly known as Mission Paradise (“Developer”). Developer has requested the vacation of a portion of Washington Boulevard near Ellsworth Street (see Exhibit A). The portion of Washington Boulevard to be vacated was acquired by the City by deed recorded on October 13, 1972.

Staff has determined this portion of Washington Boulevard is no longer needed as a public street.

On July 28, 2022, the Planning Commission approved Vesting Tentative Tract Map 8487 to allow the development of Mission Paradise, a mixed-use condominium subdivision consisting of 13 residential units and 3,050 square-feet of commercial condominium floor space. As a Condition of Approval, the City required the Developer to apply to the City for general vacation of a portion of Washington Boulevard along the project frontage.

DISCUSSION/ANALYSIS: The merits of the proposed vacation are not presently before the City Council; rather, the Council is being asked to initiate proceedings for the proposed general vacation in accordance with Section 8320 of California Streets and Highways Code.

Upon adoption of a motion initiating general vacation proceedings, the item will be noticed and set for public hearing before the Council not less than 15 days form the Council’s adoption of the motion initiating the proceedings.

On July 28, 2022, the Planning Commission found that the proposed vacation of a portion of Washington Boulevard is in conformance with the General Plan, as required by Section 8313 of the Streets and Highways Code and Section 65402 of the Government Code.

All concerned utility companies have consented to the proposed vacation and have not made a request for reservation of any public street easements.

The title report indicates that the City owns the underlying fee interest of the street area proposed to be vacated, which the City may sell to another party in the manner approved

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Council Staff Report (ID # 4918) Meeting of June 6, 2023 Updated: 6/1/2023 8:31 AM by Alberto Quintanilla Page 2 by the Council. Developer has agreed to acquire the vacated right-of-way for $35,000, which is the fair market value as determined by an independent third-party appraiser.

Following the City Council’s initiation of the proceedings, the matter will return to Council for determination at a duly noticed public hearing. In accordance with statutory requirements, staff will take the following steps to complete the general street vacation process and bring the item back to Council for action:

(1) The City Clerk to set a public hearing for July 11, 2023, at 7:00 PM, to consider the proposed vacation, and to publish notice of said hearing pursuant to Streets and Highways Code Sections 8320 and 8322; and

(2) The Public Works Department to post notice of hearing along the line of the street to be vacated (no more than 300 feet apart, and at least three notices to be posted) pursuant to Streets and Highways Code Sections 8320 and 8323.

(3) At its meeting on July 11, 2023, the City Council will be asked to hold the public hearing and to consider a resolution vacating a portion of Washington Boulevard.

FISCAL IMPACT: The sale and transfer of the vacated portion of Washington Boulevard would result in proceeds of $35,000 being paid to the City. Streets and Highways Code Section 8357 specifies that the purchase price shall be credited to any fund available for the same purposes for which the property being vacated was used. Proceeds from this sale will be credited to the General Fund.

ENVIRONMENTAL REVIEW: The vacation is categorically exempt from environmental review as a minor alteration in land use limitations pursuant to California Environm ental Quality Act (CEQA) Guidelines Section 15305. Furthermore, as detailed in the July 28, 2022 Planning Commission staff report, the project, including the proposed vacation, is categorically exempt pursuant to CEQA Guidelines Section 15332, Infill Development Projects, and not subject to further environmental review pursuant to CEQA Guidelines Section 15183 since the project is consistent with the development density and intensity established by a community plan, general plan or zoning for which an EIR was previously certified.

ATTACHMENTS:
• Exhibit A - Plat and Legal Description

RECOMMENDATION: By motion, initiate a general vacation proceeding pertaining to a portion of Washington Boulevard near Ellsworth Street, and directing the City Clerk to set a Public Hearing on July 11, 2023, at 7:00 PM.

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EXHIBIT A (1 of 2)2.L.a
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Attachment: Exhibit A - Plat and Legal Description (4918 : WASHINGTON BOULEVARD STREET VACATION) ”
EXHIBIT A (2 of 2)

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Attachment: Exhibit A - Plat and Legal Description (4918 : WASHINGTON BOULEVARD STREET VACATION) Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Acceptance of Donations

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4922) DOC ID: 4922
Updated: 5/31/2023 3:26 PM by Alberto Quintanilla Page 1 ACCEPTANCE OF GIFT FOR TRI-CITY ANIMAL SHELTER - Acceptance of Bequest from Tasos Belias for the Tri-City Animal Shelter; Delegate Authority to City Manager or Designee to Execute Termination and Release Agreement Contact Persons:

Name: David Persselin Kelly Miott
Title: Finance Director Animal Services Manager
Div/Dept: Finance Department Animal Services
Phone: 510-494-4631 (510) 790-6646
E-Mail: [email protected] [email protected]

Executive Summary: Under the terms of a trust established by Anastasios (“Tasos”) Belias and Erika Belias (the “Belias Trust”), upon the death of the first spouse, a portion of the trust assets would be distributed to the Tri-City Animal Shelter. Mr. Belias passed away on April 2, 2021, and the trust is now ready to be distributed.

Because the amount of the gift exceeds $100,000, the City’s Municipal Code requires that the City Council take an action to approve and accept the gift. Additionally, the trustee has requested that the City execute a Termination and Release Agreement.

Staff recommends that the City Council adopt a resolution approving and accepting the gift, delegating authority to the City Manager or her designee to execute the Termination and Release Agreement, and recognizing any amounts received in the Tri-City Animal Shelter account.

BACKGROUND: The Belias Trust specifies that 1.5% of the trust assets will be distributed to the Tri-City Animal Shelter, and the trustee will hold an amount in reserve for final taxes, fees, and expenses. The preliminary distribution to the Tri-City Animal Shelter is approximately $337,279. The reserve will be distributed when the reserve period ends, typically three years after the final tax return is filed.

The City’s Municipal Code, Section 3.20.020, includes gifts and donations under the definition of “Grant,” and specifies that acceptance of such a gift, including any relevant terms and conditions, forms a contract. The Municipal Code also requires any contract for acquisition of personal property in an amount greater than $100,000 to be approved by the City Council.

DISCUSSION/ANALYSIS: The trustee for the Belias Trust, Fremont Bank, has requested that the City execute a Termination and Release Agreement, which will allow the trust to be terminated and distributed without going through a process through which the trustee obtains court approval of its accounting and administrative actions. The Termination and Release Agreement constitutes a complete release and waiver of all liabilities in connection with the trustee’s accounting and actions in administering the trust.

Fremont Bank has provided the City with copies of the Belias Trust and its subsequent amendments, as well as account statements documenting the value of the trust assets. As

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Council Staff Report (ID # 4922) Meeting of June 6, 2023 Updated: 5/31/2023 3:26 PM by Alberto Quintanilla Page 2 the amount to be distributed to the Tri-City Animal Shelter appears to be consistent with the terms of the Belias Trust and the balance shown in the account statements, staff recommends that the City Council delegate authority to the City Manager or her designee to execute the Termination and Release Agreement.

Staff also recommends that the City Council indicate its approval of the gift, as required by the Municipal Code, by adopting a resolution accepting the gift from the Belias Trust.

FISCAL IMPACT: In accordance with the terms of the trust, staff is recommending that the preliminary distribution of approximately $337,279, along with any future distribution from the reserve, be recognized as revenue in the Miscellaneous Special Revenue Fund (Fund 210) organization code specific to the Tri-City Animal Shelter.

ENVIRONMENTAL REVIEW: Not a project.

ATTACHMENTS:
• Draft Resolution Accepting Gift from Belias Trust to Tri-City Animal Shelter

RECOMMENDATIONS: Adopt a resolution:

1. Accepting and acknowledging the gift from the Belias Trust.

2. Authorizing the City Manager or designee to execute the Termination and Release Agreement.

3. Recognizing donation revenue of $337,279, and any subsequent trust distributions, in the Miscellaneous Special Revenue Fund (Fund 210) for the benefit of the Tri-City Animal Shelter (Organization Code 21021910 – Animal Shelter Donations).

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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 ACCEPTING AND ACKNOWLEDGING THE GIFT FROM

THE BELIAS TRUST

WHEREAS, Fremont’s Tri-City Animal Shelter is managed by the Fremont Police Department, Animal Services Unit and shelters animals found in Fremont, Union City and Newark; and

WHEREAS, a trust established by Anastasios (“Tasos”) Belias and Erika Belias (the “Belias Trust”), provides that upon the death of the first spouse, a portion of the trust assets would be distributed to the Tri-City Animal Shelter.

WHEREAS, Mr. Belias passed away on April 2, 2021, the trust is now ready to be distributed, and the amount of the gift to the Tri-City Animal Shelter is approximately $337,279; and

WHEREAS, Chapter 3.20 of the Fremont Municipal Code requires that the City Council take an action to approve acceptance of gifts and donations exceeding $100,000, and for the acquisition of personal property in an amount greater than $100,000.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT AS FOLLOWS:

SECTION 1. The City Council acknowledges and accepts the gift from the Belias Trust to the Tri-City Animal Shelter in the approximate amount of $337,279, in accordance with the terms of the Trust. The donation revenue and any subsequent trust distributions shall be used for the benefit of the Tri-City Animal Shelter as provided by the Belias Trust.

SECTION 2. The City Council authorizes the City Manager or designee to execute the Termination and Release Agreement.

SECTION 3. The City Council recognizes donation revenue of $337,279, and any subsequent trust distributions, in the Miscellaneous Special Revenue Fund (Fund 210) for the benefit of the Tri-City Animal Shelter (Organization Code 21021910 – Animal Shelter Donations).

SECTION 4. This resolution shall be effective immediately upon passage.

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Attachment: Draft Resolution Accepting Gift from Belias Trust to Tri-City Animal Shelter (4922 : ACCEPTANCE OF GIFT FOR TRI-CITY ANIMAL Resolution 2023-XX Page 2 of 2

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 Accepting Gift from Belias Trust to Tri-City Animal Shelter (4922 : ACCEPTANCE OF GIFT FOR TRI-CITY ANIMAL Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4928) DOC ID: 4928
Updated: 6/1/2023 2:42 PM by Susan Gauthier Page 1
PARTICIPATION IN COUNTY HOME PROGRAM - Request for Continued Participation in the Alameda County HOME Investment Partnership Act (HOME) Program Consortium
Contact Persons:

Name: Robert Lopez Suzanne Shenfil
Title: CDBG Administrator Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2043 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: Alameda County has received Federal HOME Investment Partnership Act (HOME) funds since 1990. Through the Alameda County HOME Program Consortium, the County provides equitable distribution of funding to local cities for affordable housing programs. Staff recommends the City Council approve the City’s continued participation in the Alameda County HOME Program Consortium of contiguous jurisdictions for Federal Fiscal Years 2024/25, 2025/26, 2026/27 for the purpose of securing federal HOME funding. Staff also recommends the City Council adopt a resolution approving participation in the Alameda County HOME Program Consortium and authorizing the City Manager to execute the participation agreement between the City of Fremont and Alameda County to take all actions necessary for the City’s participation in the Consortium.

BACKGROUND: Title II of the Cranston-Gonzales National Affordable Housing Act of 1990 created the HOME Program to provide flexible funding to states and local governments for affordable housing programs for lower income households. In general, HOME funds can be used to acquire, rehabilitate, finance, and construct affordable housing, as well as provide tenant-based rental assistance.

Since 1991, the City of Fremont has participated in the Alameda County HOME Program Consortium. Participation has historically been renewed for three-year periods. On July 14, 2020, the City Council approved Fremont’s participation in the Consortium through June 2024. Members of the Consortium include the cities of Fremont, Alameda, Hayward, Livermore, Pleasanton, San Leandro, Union City and Alameda County, representing the unincorporated portions of the county and the cities of Albany, Dublin, Emeryville, Newark and Piedmont. The City may now continue participation in the HOME Program for Federal Fiscal Years 2024/25, 2025/26 and 2026/27. Alameda County HOME Consortium staff is requesting advance approval from each participating jurisdiction to ensure continued participation in the Consortium.

HOME Funds Uses: The historic use of HOME funds during the last ten years is illustrated in Table 1 below. These allocations have included project types such as very low-income housing, units for those with mental disabilities, units for veterans, and expenditures for tenant-based rental assistance programs like the Family Resource Center Stay Housed program and Abode Services’ Rapid Rehousing program.

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Council Staff Report (ID # 4928) Meeting of June 6, 2023 Updated: 6/1/2023 2:42 PM by Susan Gauthier Page 2
Table 1: Historic Uses of HOME funds
Project
Allocation
Year

Project Sponsor
Projects & Programs

HOME Funds

Number
of Units

Population Served
2006 Abode Services Project
Independence II
$207,409 Provide
up to 45
rental
subsidies
Extremely low-income
young adults
emancipated or aged
out of the foster care
system
2007 Eden Housing Peralta
Senior Housing
$1,400,000 98 units Extremely low and
very low-income
seniors
2009 Abode Services Main
Street Village
$1,059,991 63 units Extremely low and
very low-income
families
2011 Abode Services Project
Independence III
$340,000 Provide
up to 60
rental
subsidies
Extremely low-income
young adults
emancipated or aged
out of the foster care
system
2012 Abode Services Rapid
Rehousing
$50,000 Provide
up to 14
rental
subsidies
Very low-income
homeless families
2012 Fremont Family
Resource Center –
Homeless Prevention
$150,000 Provide
up to 25
rental
subsidies
Very low-income
families
2013 Abode Services Rapid
Rehousing
$50,000 Provide
up to 14
rental
subsidies
Very low-income
homeless families
2013 Fremont Family
Resource Center
Homeless Prevention
$100,000 Provide
up to 20
rental
subsidies
Very low-income
families
2014 Laguna Commons $387,000 64 units Extremely low and very low-income
families
2015 Abode Services Rapid
Rehousing
$50,000 Provide
up to 14
rental
subsidies
Very low-income
homeless families
2016 Fremont Family
Resource Center
Homeless Prevention
$150,000 Provide at
least 12
rental
subsidies
Very low-income
families

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2016 Abode Services Project
Independence III
$63,000 Provide
up to 5
rental
subsidies
Extremely low-income
young adults
emancipated or aged
out of the foster care
system
2016 Eden Housing Mission
Court
$538,000 90 units Extremely low and
very low-income
seniors
2017 Abode Services Project
Independence IV
$60,000 Provide
up to 5
rental
subsidies
Extremely low-income
young adults
emancipated or aged
out of the foster care
system
2017 Abode Services Rapid
Rehousing
$75,000 Provide
up to 15
rental
subsidies
Very low-income
homeless families
2017

Fremont Family
Resource Center
Homeless Prevention
$171,430 Provide at
least 13
rental
subsidies
Very low-income
families
2018 Abode Services Project
Independence V
$35,000 Provide
up to 4
rental
subsidies
Extremely low-income
young adults
emancipated or aged
out of the foster care
system
2019 Abode Services Rapid
Rehousing
$75,000 Provide
up to 15
rental
subsidies
Very low-income
homeless families
2020 Fremont Family
Resource Center
Homeless Prevention
$171,430 Provide at
least 13
rental
subsidies
Very low-income
families
2020 Abode Services Rapid
Rehousing
$75,000 Provide
up to 15
rental
subsidies
Very low-income
homeless families
2021 Fremont Family
Resource Center
Homeless Prevention
$171,430 Provide at
least 13
rental
subsidies
Very low-income
families
2021 Abode Services Rapid
Rehousing
$75,000 Provide
up to 15
rental
subsidies
Very low-income
homeless families
2021 Bell Street Gardens
Affordable Apartments
$1,000,000 Develop
128 units
Very low income and
extremely low-income
homeless families

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2022 Fremont Family
Resource Center
Homeless Prevention
$171,430 Provide at
least 13
rental
subsidies
Very low-income
families
2022 Abode Services Rapid
Rehousing
$75,000 Provide
up to 15
rental
subsidies
Very low-income
homeless families

DISCUSSION/ANALYSIS: To be eligible to receive federal HOME funds, Fremont must continue its participation in the Alameda County HOME Program Consortium of contiguous jurisdictions. Under federal law, Fremont cannot receive a separate entitlement grant because it does not meet the minimum threshold, which is based on the percentage of population at the poverty level. It is anticipated that all cities currently participating in the Alameda County HOME Program Consortium will continue to participate for the next three- year period. Involvement in the Consortium does not commit the City to any particular project or activity, and all projects undertaken in the City must have prior approval of the City Council. If the Council approves participation in the Consortium, Fremont could receive approximately $440,000 per year based on prior allocations; however, HOME fund allocations are dependent on the HOME program appropriation levels established by Congress.

Under federal regulations, participating jurisdictions may allocate up to 10% of HOME funds for program administration. Participating jurisdictions in the Alameda County HOME Program Consortium pay the County an administrative fee of 5% of the jurisdiction’s share of the HOME funds; the remaining 5% can be used by each jurisdiction to pay for program administration.

FISCAL IMPACT: Match funding of 25% of the grant amount is required. Each project sponsor is responsible for meeting the match requirement. The City is the project sponsor of the Fremont Family Resource Center Homeless Prevention program. Operating budgets for Fiscal Years 2024/25, 2025/26 and 2026/27 would allocate amounts in the City Funded Affordable Housing Fund and the Family Resource Center Operating Fund to meet the matching requirement.

ENVIRONMENTAL REVIEW: Action on this resolution is exempt from CEQA pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), 15378(b)(4) and 15378(b)(5).

Individual projects are exempt from further CEQA review pursuant to, without limitation CEQA Guidelines Section 15183 (projects consistent with general plan or zoning) and/or 15162 (none of the circumstances necessitating preparation of subsequent environmental review are present.

ATTACHMENTS:
• DRAFT Resolution - Authorizing Continued Participation in County HOME Consortium

RECOMMENDATION: Adopt a resolution:

1. Approving the City’s continued participation in the Alameda County HOME Program Consortium for the next three Federal Fiscal Years 2024/25, 2025/26 and 2026/27 for

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the purpose of securing federal HOME funds and making findings of CEQA exemption; and

2. Authorizing the City Manager or her designee to execute the participation agreement between the City and Alameda County, to take all actions necessary for participation in the Consortium, and to execute the necessary documents to maintain the eligibility of the Consortium for HOME program funds in accordance with the National Affordable Housing Act of 1990.

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Resolution 2023-XX Page 1 of 2

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT AUTHORIZING THE CONTINUED PARTICIPATION IN

THE ALAMEDA COUNTY HOME CONSORTIUM FOR HOME FUNDS

AND APPROVING AND AUTHORIZING EXECUT ION OF THE

NECESSARY DOCUMENTS TO MAINTAIN THE ELIGIBILITY OF

THE CONSORTIUM FOR HOME PROGRAM FUNDS IN

ACCORDANCE WITH THE NATIONAL AFFORDABLE HOUSING ACT
OF 1990

WHEREAS, the Congress of the United States has enacted the Cranston-Gonzalez National Affordable Housing Act of 1990 and Federal regulations have been adopted pursuant thereto, hereinafter called the “Act”; and

WHEREAS, Title II of the Act creates the HOME Investment Partnership Program, hereinafter called “HOME,” that provides funds to participating jurisdictions for acquisition, rehabilitation, new construction of affordable housing, homebuyer and tenant-based rental assistance; and

WHEREAS, the Act allows local governments to form consortia for the purpose of receiving and administering HOME funds and carrying out purposes of the Act; and

WHEREAS, the cities of Alameda, Fremont, Hayward, Livermore, Pleasanton, San Leandro and Union City have expressed their interest in joining with the Alameda County Urban County (consisting of the cities of Albany, Dublin, Emeryville, Newark, Piedmont, and the unincorporated County) to continue in the Alameda County HOME Consortium for federal fiscal years 2024, 2025 and 2026.

NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY

OF FREMONT DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The City Council of the City of Fremont hereby approves the City’s continued participation in the Alameda County HOME Program Consortium for the next three Federal Fiscal Years 2024/25, 2025/26, and 2026/27 for the purpose of securing federal HOME funds.

Section 2. The City Council of the City of Fremont hereby authorizes the continued participation of the City of Fremont in the Alameda County HOME Consortium.

Section 3. The City Council of the City of the City of Fremont hereby approves and authorizes the City Manager to execute the revised HOME Consortium participation agreement between the City and Alameda County, to take all actions necessary for participation in the Consortium, and to execute the necessary documents to maintain the eligibility of the Consortium for HOME program funds in accordance with the National Affordable Housing Act of 1990.

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Attachment: DRAFT Resolution - Authorizing Continued Participation in County HOME Consortium (4928 : PARTICIPATION IN COUNTY HOME Resolution 2023-XX Page 2 of 2

Section 4. The City Council of the City of Fremont finds that this action is exempt from CEQA pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), 15378(b)(4) and 15378(b)(5); individual projects are exempt from further CEQA review pursuant to, without limitation CEQA Guidelines Section 15183 (projects consistent with general plan or zoning) and/or 15162 (none of the circumstances necessitating preparation of subsequent environmental review are present.

Section 5. This resolution shall take effect immediately upon its adoption.

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 - Authorizing Continued Participation in County HOME Consortium (4928 : PARTICIPATION IN COUNTY HOME Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4858) DOC ID: 4858
Updated: 5/31/2023 8:29 PM by Susan Gauthier Page 1
THE OLD SCHOOL MILLS ACT CONTRACT (PLN2023-00129) - To consider the Historical Architectural Review Board’s recommendation to approve a Mills Act Historical Property Contract for “The Mission Elementary School” (former Mission Elementary School and City Hall) located at 43551 Mission Boulevard in the Mission San Jose Community Plan Area; and to consider an exemption from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Project).

Contact Persons:

Name: Mayank Patel Dan Schoenholz
Title: Associate Planner Community Development Director Div/Dept: Community Development Community Development
Phone: (510) 494-4450 510-494-4438
E-Mail: [email protected] [email protected]

Executive Summary: The applicant, Mark Robson, is requesting to enter into a formal agreement, generally known as a Historical Property or Mills Act Contract, with the City. The proposed Mills Act Contract would provide the property owner with property tax relief in exchange for restoring, preserving, or rehabilitating the historical and architectural character of “The Old School” (see Exhibit A). The Old School qualifies for a Mills Act Contract because it is listed on the Fremont Register of Historic Resources. Staff recommends that the City Council adopt a resolution approving the Mills Act Contract, based on the findings and subject to conditions contained in Exhibit B.

BACKGROUND:

Historic Status

The Mission Elementary School (former Mission Elementary School and City Hall) located at 43551 Mission Boulevard in the Mission San Jose Community Plan Area, hereinafter refe rred to as “The Old School,” was listed on the Primary Historic Resources Inventory (1991) for the City of Fremont. In 1998, archival research was completed to gather data on The Old School and to evaluate its historical and architectural merit according to the criteria of the California Register of Historic Resources (CRHR) and the National Register of Historic Places (NRHP). The structure was evaluated in the field, received a photographic survey, and was documented via a Department of Parks and Recreation (DPR) 523 Form (see Informational Item #1). The 1998 DPR found that The Old School qualified for listing on the CRHR and NRHP as shown in Table 1.

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Table 1. Potentially Eligible for Listing – Criteria
Events Persons Architecture History
CRHR Criteria 1
Criteria 2
Criteria 3
Criteria 4

NRHP Criteria A
Criteria B
Criteria C
Criteria D

The 1998 DPR concluded that The Old School retains a high degree of integrity as an historic structure. The Old School exemplifies not only large-scale Mission-style architecture, rare in the region, but it was also originally stuccoed with an early, innovative, application technology. The Old School was also designed by an important figure in Niles and Fremont, Mr. Alfred Griffen, who worked as a set designer for Essanay Films, a film company that became well-known for its production of films starring Charlie Chaplin. As such, The Old School is an important landmark in the City of Fremont due to its association with significant persons and events as well as its relatively rare architectural style.

Prior Entitlements and Improvements

In 1998, the City Council approved, with a recommendation from the Historical Architectural Review Board (HARB), a project1 to rehabilitate The Old School, including the creation of 11 live/work units, 15 new single-family dwellings and 10,300 square feet of commercial space in two new buildings. The 1998 project described above involved an exterior renovation and interior remodel of The Old School, including removal of existing floors, drywall, and piping systems as well as addition of stairs for each of the two-story condominiums. Exterior renovations followed the Secretary of the Interior’s (SOI) Standards to preserve The Old School’s Mission-style architecture.

In November 2007, the Planning Commission approved a Conditional Use Permit (CUP) to facilitate a residential condominium conversion of The Old School. The approval of a CUP was necessary because The Old School contained 11 live-work units, a type of residential housing, that the applicant proposed to convert to a condominium form of ownership. Said conversion was subject to requirements contained in the City’s Residential Condominium Conversion Ordinance and applicable State law. In May 2008, the Planning Commission approved Tentative Tract Map 7965 to complete the conversion and allow the sale of the 11 live-work units as condominiums.

HARB Action - April 6, 2023

On April 6, 2023, the HARB held a public hearing and recommended, by a vote of 4-0, approval of the Mills Act Contact.

DISCUSSION/ANALYSIS: The applicant is requesting execution of a Mills Act Contract, pursuant to Government Code § 50280 et seq. and Fremont Municipal Code (FMC) §

18.175.320 et seq., for the historic property located at 43551 Mission Boulevard, known as “The Old School.” The Mills Act grants the City the authority to enter into contracts with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties. Owners of qualifying historic properties who agree

1 GPA-98-7, P-98-10, EIA-98-73.

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to comply with certain preservation restrictions receive a potential property tax savings to help offset the costs to restore, rehabilitate, and maintain their historic property according to the SOI’s Standards and the California Historical Building Code. The City Council approves all final contracts with the City. Once executed, the Mills Act Contract is recorded on the property title and leads to reassessment of the property tax the following year.

The City’s Mill Act program is an important economic incentive for the preservation of qualified historic buildings by private property owners. The Mills Act Contract would be entered into by Mission Square Historic Renovation Partners L.P. and would bind to the successors in interest (i.e., future buyers), requiring the owners to preserve and maintain the character-defining features of the register resource.

The draft Mills Act Contract and exhibit listing the character-defining features is attached as Exhibit C. A proposed 10-year work plan to invest in the maintenance of The Old School’s character defining features is also included in the draft Mills Act Contract. Certain improvements listed in the proposed 10-year work plan may require HARB approval pursuant to FMC Chapters 18.135 and 18.175. A summary of the proposed 10-year work plan in summarized in Table 2.

Table 2. Proposed 10-Year Work Plan – Summary
Timeframe Proposed Improvements Estimated Cost
Years 1 – 3: 2022-2024 Painting $75,000
Year 4: 2025 Front Elevation Balcony/Stairs $16,000
Years 5 – 7: 2026-2028 Concrete Flatwork $14,000
Years 8 – 9: 2029-2030 Roofing $12,000
Year 10: 2031 Exterior Lighting $9,000

General Plan Conformance

The General Plan land use designation for the project site is Commercial – Town Center.

Typical uses in Town Centers include local services, retail, eating and drinking establishments, civic facilities, housing, and mixed-use development. While the character of each Town Center varies, all are intended to be pedestrian-oriented with an attractive and distinct identity, along with amenities such as small parks, public art, and plazas that creates a Main Street ambiance. In some centers, such as Mission San Jose, identity is already well established through the building fabric and streetscape. The requested Mills Act Contract would obligate the property owner(s) to rehabilitate, restore, and maintain The Old School in conformance with the SOI’s Standards for the Treatment of Historic Properties.

The Mills Act Contract would be consistent with the following goals, policies, and/or implementation measures contained in the General Plan.

Goal 4-6: Historic Preservation and Cultural Resources
Conservation and enhancement of Fremont’s historic sites, buildings, structures, objects, and landscapes into the 21st century and beyond.

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Land Use Policy 4-6.1: Protection of Historic Resources Identify, preserve, protect and maintain buildings, structures, objects, sites, and districts which are reminders of past eras, events, and persons important in local, state, or national history.

Implementation 4-6.6.A: Mills Act
Encourage and facilitate the use of Mills Act historic property contracts.

Analysis

The General Plan calls for the protection of historic structures that provide significant examples of architectural periods and styles of the past. Treated as irreplaceable assets, the General Plan encourages safeguarding historic structures to provide present and future generations with examples of the physical environments in which past generations lived and worked. Furthermore, historic resources enrich a community by providing it with a unique identity and a sense of place. The preservation of The Old School, facilitated under a Mills Act Contract, would help ensure that the subject resource will remain operable as a live/work use and maintained as a historic building.

Zoning Regulations

The subject site is zoned Town Center – Pedestrian (TC-P) and is part of the Historic Overlay District (HOD) and Hillside-Combining District (H-I). The TC-P district comprises areas which were developed before Fremont’s incorporation, and which are characterized by small parcels, a mix of older and newer structures, and a mixed-use context. The TC-P district includes historic cores, such as Mission San Jose.

Pursuant to FMC §18.175.320, a Mills Act Contract may be approved at the discretion of the City Council for a property that is designated historic by the City Council or listed on any official federal, state, or county register for the purpose of preservation, rehabilitation, and maintenance of a designated historic resource. In recommending approval of the Mills Act Contract, the HARB found said approval to be consistent with the City’s General Plan goals and policies for historic preservation as well as the City’s Historic Resources Ordinance (FMC Chapter 18.175).

Analysis

As discussed under the General Plan Conformance section of this Staff Report, the Mills Act Contract would facilitate preservation of The Old School in a manner that is consistent with Fremont’s General Plan goals and policies for historic preservation.

FISCAL IMPACT: By entering into the Mills Act Contract, the City would allow for the County Assessor to use an alternative property tax calculation for The Old School, resulting in a decrease in state and local property tax revenue while requiring the property owner to maintain the Fremont Register resource. Based on estimated calculations, the Mills Act Contract for The Old School would result in a reduction in the annual property tax payment between 30- to 50-percent. The reduction varies based on property-specific assessment factors. As noted earlier in this report, in return for reduction, the property owner would commit to investing in the property as summarized in Table 2 above and further described

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in Exhibit C of the draft Historical Property Contract for The Mission Elementary School (see attachment).

ENVIRONMENTAL REVIEW: The approval of a Mills Act Contract is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines:

1) §15061 (Review for Exemption) in that the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

2) §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) in that the proposed project is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified. Per CEQA Guidelines §15162 and §15163, none of the circumstances requiring calling for the preparation of a subsequent or supplemental EIR have occurred.

3) §15378 (Project) in that the requested Mills Act Contract will not result in direct or indirect physical changes in the environment.

ATTACHMENTS:
• Exhibit A_Photo Documentation
• Exhibit B_Findings & Conditions
• Exhibit C_Draft Mills Act Contract
• Informational Item 1_DPR - The Old School
• Informational Item 2_Draft Meeting Minutes_HARB (2023.04.06) • Draft Reso- Mills Act Agreement Old Mission Elementary School

RECOMMENDATIONS:

1. Hold public hearing.

2. Adopt a Resolution that:
a. Finds that the project is categorically exempt from the California Envi ronmental Quality Act (CEQA) under CEQA Guidelines §15061, §15183, and §15378. b. Finds that the proposed Mills Act Contract (PLN2023 -00129), as shown in Exhibit C, is consistent with and supportive of the City of Fremont’s General Plan goals and policies for historic preservation and the provisions of Fremont Municipal Code Chapter 18.175, the Historic Resources Ordinance.
c. Approves the Mills Act Contract, as shown in Exhibit C, based on the findings and subject to the conditions in Exhibit B, and authorize the Mayor or designee to execute the final contract.

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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023-

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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023-

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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023-

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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023-

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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023-

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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photodocumentation Location Map
43551 Mission Boulevard
Not to Scale
Mission Boulevard
1 2
3 4 5
6 7
8 10
11 14 15
16 17
18 19
20 21 22
23 24
25 1

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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 1: Front of structure at 43551 Mission Boulevard
showing the stairs and bell tower. View is to the west
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 2: Front of the structure showing landscaping.

View is to the west
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 3: Front of the structure showing the plaza and
landscaping. View is to the northwest
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 4: Front view of the south wing of the structure
looking northwest.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 5: Front view of the north wing of the structure
looking south.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 6: Front of the structure looking southwest.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 7: Detailed side view of entrance. View is to the southwest.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 8: Detailed front view of entrance. View is to
the west.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 10: Detailed view of windows on north end of
structure showing original pediment / cartouche. View is to the east.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 11: Back of the structure looking to the
northeast.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 14: Front of the structure and central
courtyard. View is to the northwest.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 15: Front of the structure looking to the
southwest.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 16: Front of the structure showing stairs and
bell tower. View is to the west.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 17: Bell tower. View is to the southwest and
skyward.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 18: North from patio. View is to the northeast
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 20: Northern end of structure looking to the
southeast.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 21: Back of the structure looking to the
southeast.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 22: Back of structure looking to the east.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 23: Detailed view of the back of the structure
showing bell tower. View is to the east
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 24: Detailed view of quatrefoil louvered vent with turned spindled, wooden grills on the back of the southern wing. View is to the east.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photo 25: Southern end of structure looking to the
north.
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photodocumentation – Detailed Photos
Belt Course
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photodocumentation – Detailed Photos
Brackets and Balconies
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Door and Window Trim / Surround
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photodocumentation – Detailed Photos
Eaves and Shaped Rafters
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photodocumentation – Detailed Photos
Quatrefoil Louvered Vents
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Photodocumentation – Detailed Photos
Twin Arched Galleries
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Attachment: Exhibit A_Photo Documentation (4858 : The Old School – Mills Act Contract (PLN2023- Exhibit B
Findings and Conditions of Approval for PLN2023-00129
Mills Act Contract
The Mission Elementary School (The Old School)
43551 Mission Boulevard (APN: 513-0749-001-00)

FINDINGS
The findings below are made based on the information presented at the public hearing and contained in the Staff Report to the City Council dated June 6, 2023, incorporated herein:

Historical Property Contract (Mills Act Contract) Findings [FMC 18.175.350(e)]:

The Mills Act Contract for The Mission Elementary School (The Old School) is consistent with and supportive of Fremont’s General Plan goals and policies for historic preservation and the provisions of Fremont Municipal Code Chapter 18.175, the Historic Resources Ordinance , in that the Mills Act contract would require maintenance of The Old School’s character-defining features as they exist and ensures that the registered historic resource will be preserved.

CONDITIONS OF APPROVAL
A. General Conditions
A-1. Approved Contracts. The approval of a Mills Act Contract (PLN2023-00129) shall allow maintenance and preservation of The Mission Elementary School and its character-defining features, subject to compliance with all the conditions of approval set forth herein.

A-2. City Indemnification. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees (collectively “City”) from any claim, action or proceeding against the City to attack, set aside, void, or annul, the approval of the project. The City shall promptly notify the applicant of any such claim, action or proceeding and shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney’s fees and costs, and the City defends the action in good faith.

A-3. Compliance with Applicable Laws. The applicant shall comply in all respects with the applicable provisions of the Fremont Municipal Code, State, and federal laws; including compliance at all times with the provisions of the permits required from any State or regional government agencies having jurisdiction over any respect of the use.

A-4. Copy of Conditions. A copy of these conditions of approval shall be kept at the facility at all times and shall be provided to City Staff upon request.

A-5. Requirements of Other Agencies. The applicant shall comply with the provisions of the permits required from any state or regional agencies, including, but not limited to, the Bay Area Air Quality Management District (BAAQMD), Regional Water Quality Control Board (RWQCB), Union Sanitary District (USD), and the A lameda County Department of Environmental Health.

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Attachment: Exhibit B_Findings & Conditions (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Exhibit B: Findings & Conditions of Approval – The Mission Elementary School (The Old School) PLN2023-00129 June 6, 2023 Page 2 of 2

A-6. Transfer. These conditions of approval shall be binding on the applicant, future property owners within the site, and all successors in interest.

B. Special Project Conditions
Community Development Department – Planning Division
B-1. Recordation. Following City Council approval of the requested Mills Act Contract, the applicant shall work with City S taff to record with the County of Alameda Clerk – Recorder’s Office a Mills Act Contract, substantially in conformance with the form and content of Exhibit C (D raft Mills Act Contract) of PLN2023-00129 and all applicable laws. Prior to sale, the applicant shall provide to prospective buyers written information about the Mills Act Contract provisions and the character defining features of The Mission Elementary School that require preservation.

END OF CONDITIONS

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Attachment: Exhibit B_Findings & Conditions (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Historical Property Contract for The Mission Elementary School (The Old School) Recorded at the request of, and
when recorded return to:
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City Clerk
City of Fremont
39100 Liberty Street
P.O. Box 5006
Fremont, CA 94537-5006
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HISTORICAL PROPERTY CONTRACT
FOR

THE MISSION ELEMENTARY SCHOOL (THE OLD SCHOOL)
This Historical Property Contract (hereinafter “Agreement”) for 43551 Mission Boulevard is made by and between the City of Fremont, a municipal corporation (hereinafter “City”) and Mission Square Historic Renovation Partners L.P., a California L imited Partnership (hereinafter “Owner”). City and Owner may be collectively referred to as “parties.”

RECITALS
A. California Government Code §50280 et seq. authorizes local governments to enter into contracts with the owners of “qualified historical properties”1 to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance.

B. Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, located at the street address 43551 Mission Boulevard , Fremont, California, (hereinafter “Property”). A legal description of the Property is attached hereto, marked as Exhibit A, and is incorporated herein by this reference.

C. The Property has been designated as a Register Resource on the Fremont Registry or is otherwise a qualified historical property.

D. City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the character -defining features that convey the historical significance of the Property and to qualify the Property for assessment of valuation pursuant to the provisions of California Revenue and Taxation Code §439 et seq.

1 As defined by Government Code §50280.1.

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Attachment: Exhibit C_Draft Mills Act Contract (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Historical Property Contract for The Mission Elementary School (The Old School)

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES AGREE AS FOLLOWS:

1. Effective Date and Term of Agreement
This Agreement shall be effective and commence on (date to be entered), 2023, (hereinafter referred to as the “Effective Date”) and shall remain in effect for a term of 10 years thereafter (the “Initial Term”).

2. Renewal
On each anniversary of the Effective Date thereafter (hereinafter referred to as the “Renewal Date”), a year shall automatically be added to the term of this Agreement unless notice of nonrenewal is mailed as provided herein. If either Owner or the City Council desires in any year not to renew the Agreement, Owner or the City Council shall serve by mail written notice of nonrenewal of the Agreement on the other party in advance of the annual Renewal Date. Unless such notice is served by Owner on the City Council at least ninety (90) days prior to the annual renewal date, or served by City Council on Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement. Upon receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest of the notice to the City Council. The City Council may, at any time prior to any Renewal Date, withdraw a notice to Owner of nonrenewal. If either the City Council or Owner serves notice on the other of nonrenewal in any year, the Agreement shall remain in effect for balance of the term remaining on the Agreement since the original execution or since the last renewal of the Agreement, whichever may apply.

3. Protection and Preservation of Historical Property
During the term of this Agreement, the Property shall be subject to the following conditional requirements and restrictions:
a. Owner shall protect and preserve the character -defining features that convey the historical significance of the Property. Attached hereto, marked as Exhibit “B”, and incorporated herein by this reference is a list of notable historic features of the Property, which shall be maintained and preserved on the Property throughout the term of this Agreement.
b. Owner shall, where necessary, restore and rehabilitate the Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the Secretary of the Interior’s Standards for Rehabilitation, the State Historical Building Code, the Fremont Municipal Code, and in accordance with Exhibit B of this Agreement.
c. Owner shall allow reasonable periodic examinations, by prior appointment, of interior and exterior character-defining features of the Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization and City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. In addition, the City shall inspect the

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Attachment: Exhibit C_Draft Mills Act Contract (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Historical Property Contract for The Mission Elementary School (The Old School) interior and exterior of the Property after fiver years and every five years thereafter to determine the Owner’s compliance with this Agreement. d. Owner shall serve City by mail, with at least thirty (30) days prior notice of proposed changes to the character-defining features of the Property, such as major landscaping projects, exterior door or window replacement, or any exterior alterations requiring a building permit.

4. Annual Report on Improvements
Starting 12 months after this Agreement’s effective date, the Owner shall provide an annual report to the City detailing improvements made towards the character-defining features listed in Exhibit B and/or improvements described in the 10-year Preservation Plan as described in Exhibit C. The annual report shall include a written description of the improvements made, the costs associated with the improvements, and any challenges encountered during the process.

5. Valuation of the Property
During the term of this Agreement, the Property (including the land) shall be valued as “enforceably restricted” historical property as set forth in California Revenue and Taxation Code §439 et seq.

6. Notification to State Office of Historic Preservation Owner shall provide written notice of this Agreement to the State Office of Historic Preservation within six (6) months of this Agreement’s effective date.

7. Provision of Information of Compliance
Owner agrees to furnish City with any and all information, which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement, requested by City.

8. Cancellation
The City, following a duly noticed public hearing as set forth in California Government Code §§50280, et seq., may cancel this Agreement if the City Council determines that Owner has breached any of the conditions of this Agreement or has allowed the Property to deteriorate to the point that it no longer meets the requisite standards applicable to a qualified historical property. The City may also cancel this Agreement if the City Council determines that Owner has failed to restore or rehabilitate the Property in the manner specified in subparagraph 3(b) of this Agreement. In the event of cancellation of this Agreement by the City, Owner shall pay the County Auditor a cancellation fee of Twelve and One -Half percent (12.5%) of the fair market value of the Property, as determined by the County Assessor as through the Property were free of the restrictions of this Agreement. If the City determines that performance of the Agreement has become infeasible due to damage of the Property caused by natural disaster or otherwise, the Agreement may be cancelled upon the Owner’s application without payment of the cancellation fee, to t he extent that non- payment is permitted by law.

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Attachment: Exhibit C_Draft Mills Act Contract (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Historical Property Contract for The Mission Elementary School (The Old School)

9. Enforcement of Agreement
In lieu of and/or in addition to any provisions permitting cancellation of this Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or if said breach or default cannot be cured within thirty (30) days (provided t hat acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner) then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner pursuant to the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner, or apply for such other relief as may be appropriate.

10. Binding Effect of Agreement
The Owner voluntarily subjects the Property to the covenants, reservations, and restrictions as set forth in this Agreement. City and Owner declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Property. Each owner shall only be responsible to perform obligations during the period that such owner holds title to the Property and shall not be liable for performance of obligations during the period that title to the Property is held by a successor or predecessor owner. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations , and restrictions expressed in this Agreement whether or not such covenants, reservations , and restrictions are set forth in such contract, deed, or other instrument.

11. Notices
All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party’s Authorized Representative, (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party.

To: City To: Owner
Attn: Planning Manager
City of Fremont
39550 Liberty Street
P.O. Box 5006
Fremont, CA 94537-5006
Attn: Mark Robson
Mission Square Historic Renovation Partners L.P.
2185 The Alameda, Suite 150
San Jose, CA 95126

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Attachment: Exhibit C_Draft Mills Act Contract (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Historical Property Contract for The Mission Elementary School (The Old School)

12. General Provisions
The following general provisions apply to this Agreement:
a. None of the terms, provisions , or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions , or conditions cause them to be considered joint venturers or members of any joint enterprise.
b. Owner agrees to and shall hold City and its elected officials, officers, employees, and agents harmless from any and all liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of Owner’s contractor, subcontractor, agent, employee , or other person acting on Owner’s behalf which relate to the use, operation, and maintenance of the Property. Owner agrees to and shall defend the City and its elected officials, officers, employees , and agents with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner’s activities in connection with the Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement , whether or not the City prepared, supplied or approved the plans, specifications , or other documents for the Property.
c. All of the agreements, rights, covenants, reservations , and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns , and all persons acquiring any part or portion of the Property, whether by ope ration of law or in any manner whatsoever.
d. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations , or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. e. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
f. This Agreement shall be construed and governed in accordance with the laws of the State of California.

13. Recordation
No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the Office of the County Recorder of the County

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Attachment: Exhibit C_Draft Mills Act Contract (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Historical Property Contract for The Mission Elementary School (The Old School) of Alameda.

14. Amendments
This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties.

15. Entire Agreement
This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

16. 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 the Owner and the City. This Agreement shal l inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

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Attachment: Exhibit C_Draft Mills Act Contract (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Historical Property Contract for The Mission Elementary School (The Old School) IN WITNESS WHEREOF, the City and the Owner do agree to the full performance of the terms set forth herein

CITY OF FREMONT OWNER

By:

Mission Square Historic Renovation Partners L.P.

By: By:

Title: Mayor Title:

Date: Date:

APPROVED AS TO FORM:

By: Bronwen Lacey
Title: Senior Deputy City Attorney

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Attachment: Exhibit C_Draft Mills Act Contract (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Historical Property Contract for The Mission Elementary School (The Old School) – Exhibit A

EXHIBIT A

LEGAL DESCRIPTION

REAL PROPERTY IN THE CITY OF FREMONT, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

LOT 1 AS SHOWN ON THAT CERTAIN MAP OF TRACT 7965, RECORDED OCTOBER 6, 2009 IN BOOK 305 OF MAPS, AT PAGES 21 AND 22, ALAMEDA COUNTY RECORDS.

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Attachment: Exhibit C_Draft Mills Act Contract (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Historical Property Contract for The Mission Elementary School (The Old School) – Exhibit B

EXHIBIT B

CHARACTER-DEFINING FEATURES OF

THE MISSION ELEMENTARY SCHOOL (OLD SCHOOL)

1. Espaneda gable ends of the side wings

2. Hand-applied, mottled stucco finish

3. Wood embellishments:
a. Quatrefoil vents
b. Bracketed balconies with turned wooden spindled railings c. Turned wood spindle rails
d. Decorative door surrounds and window trim
e. Shaped rafter ends and eaves
f. Flat board belt course

4. Central bell tower with tile roof

5. Copinged mission parapets (with quatrefoil louvered vents)

6. Entry door
a. Twin paneled door with central window
b. Hopper windows above door
c. Pilasters and dentiled pediment
d. Broad stairway

7. Twin arched galleries

8. Decorative pediment/cartouche at second story side windows (north and south elevations)

9. Windows
a. Wooden sash windows, double hung on upper story
b. Large ribbon style window sash (front and rear of wings) c. Hopper windows

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Attachment: Exhibit C_Draft Mills Act Contract (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Historical Property Contract for The Mission Elementary School (The Old School) – Exhibit C

EXHIBIT C
10-YEAR PRESERVATION PLAN FOR

THE MISSION ELEMENTARY SCHOOL (OLD SCHOOL)

1. YEARS 1‐3 (2022‐2024) – PAINTING: $75,000.00
Exterior Body: Clean and remove loose debris on the exterior of the building (eaves, fascia’s, gutters, downspouts, windows, doors, rafter tails, belly bands, corner trim, hand railings with a power washer). Scrape and sand all exterior wood trim. Any minor dry rot or pest/rodent damaged areas found shall be repaired with epoxy wood filler and painted to match. Where wood is excessively damaged it shall be replaced with salvaged or custom milled wood to match the profile of the original.

2. YEAR 4 (2025) – FRONT ELEVATION BALCONY/STAIRS: $16,000.00 Restoration of Stairs & Balcony: Clean and remove loose debris on the balcony floor and the stairs with a power washer, scrape, and sand any areas that show cracked & loose material. Seal all corners, cracks, and open joints. Refinish epoxy coating to match existing.

3. YEARS 5‐7 (2026‐2028) – CONCRETE FLATWORK: $14,000.00 Walkways & Etc.: Clean, power wash and repair concreate walkways directly in and around the perimeter of The Old School building. Said flatwork will be power washed with a 2500psi (or equal) power washer to help prevent deterioration of the walkways. Walkways with greater than ½” deferential in vertical displacement will get treated by grinding down to match and any walkways greater than 1” will be broke out and replace, restoring it to its original height.

4. YEARS 8‐9 (2029‐2030) – ROOFING: $12,000.00
Roofing System: Inspect the entire roofing system. Clean all water ways, restore coatings & sealants as needed. Replace any damage materials, vents, ducts & flashing components so the building can retain the original architecture and design. Scrape and sand all exterior wood trim. Any minor dry rot or pest/rodent damaged areas found shall be repaired with epoxy wood filler and painted to match. Where wood is excessively damaged it shall be replaced with salvaged or custom mil led wood to match the profile of the original.

5. YEAR 10 (2031) – EXTERIOR LIGHTING: $9,000.00
Exterior Lighting: Inspect all exterior lights around the walls, courtyards and entryways at The Old School. The lights will be cleaned and adjusted as needed. Any light found “non‐functioning” will be repaired or replaced to match the original fixture. If one cannot be found, we will replace it with a new fixture that best matches the original style/type and color.

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Attachment: Exhibit C_Draft Mills Act Contract (4858 : The Old School – Mills Act Contract (PLN2023-00129))

HISTORICAL DESCRIPTION AND

POTENTIAL ELIGIBILITY ST A TEMENT

FOR THE MISSION ELEMENTARY SCHOOL
AT 43551 MISSION BOULEY ARD

IN THE CITY OF FREMONT
FOR

SANTA CLARA DEVELOPMENT
1978 TIIE ALAMEDA
SAN JOSE, CA 95126
BY
Archaeological Resource Management
Dr. Robert Cartier, Principal Investigator
496 North Fifth Street
San Jose, CA 95112
(408) 295-1373
FAX: (408) 286-2040
with
Riordan Gooowin
Vicki Kobza
NOVEMBER 16, 1998

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129))

ABSTRACT
The Mission Elementary School building was constructed circa 1913 on Mission Boulevard in what is now the City of Fremont. This building is located on lands that were formerly part of Mission San Jose. At the time it was constructed, the structure was the third school to be built in the area, and it later became used as the first City Hall when Fremont was founded. In order to document the history of this important structure in Fremont, an historical description of the Mission Elementary School building was carried out in this report. This description also includes a statement of potential eligibility to the National Register of Historic Places. The research contained within this report focuses upon the characteristics of the structure and its architectural contributions to the historic fabric of the Fremont area. In conjunction with the historic and architectural description, current photographs of both the interior and exterior of the structure have been included with this report in order to document the architectural characteristics of the school building.

The Mission Elementary School property is characterized by a large, two story, Mission­ style structure. Although the building was originally constructed as an elementary school and later functioned as the first City Hall in Fremont, it has been most recently been used as retail/office space. The Mission Elementary School is currently vacant, yet it remains in good condition.

The Mission Elementary School is distinguished as a significant landmark of local Fremont history. The structure was designed by Mr. Alfred Griffin, a set designer for Essanay Films. This film company produced some of the earliest movies, including those starring Charlie Chaplin (e.g., "The Tramp") and the character of Broncho Billy. The Mission Elementary School also represents the Mission architectural style, which is relatively uncommon in the San Francisco Bay area. In addition, the structure was also first stuccoed with a pumping system, which was an early technical innovation in construction industry.

The Mission Elementary School thus appears to be potentially eligible for inclusion in the California Register of Historical Resources and in the National Register of Historic Places.

This report provides details of the Mission Elementary School's history and architecture, describing a portion of the rich cultural heritage of the Fremont area through one of its well­ known landmarks.

RESEARCH METHODOLOGY
The goal of the archival research was to gather data on the Mission Elementary School and to evaluate its historical and architectural merit according to the criteria of the California Register of Historic Resources (CRHR) and the National Register of Historic Places (NRHP). The structure was evaluated in the field, a photographic survey of the building was created, and a Department of Parks and Recreation (DPR) 523 form filled out to document the structure. Included in this report are the CRHR and NRHP evaluations, the DPR form, and the photodocumentation package.

The study was carried out in November 1998 by staff under the direction of Robert Cartier, Principal Investigator at A.R.M. Research was conducted by Riordan Goodwin and assistance was provided Vicki Kobza. In order to research the history of the structure under evaluation, references were consulted at the Fremont Main Public Library and the City of Fremont's Historical Museum. The personal family archives of Mr. James Griffin were consulted, and Mr. Griffin himself provided important details about the Griffin family and their connection to the Mission Elementary School building. Also consulted for this report were Ms. Regina Dinney and Ms. Cecilia Weed.
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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129))

EXISTING CONDITION OF THE STRUCTURE AND ITS HISTORICAL

BACKGROUND
Physical Appearance and Architectural Characteristics
The Mission Elementary School is located at 43551 Mission Boulevard Street in the City of Fremont. The school was built on lands that were formerly part of Mission San Jose; these lands became private property sometime before the school was built. The neighborhood in which the Mission Elementary School exists is currently dominated by the presence of Mission style architecture, as it is very near Mission San Jose.

The property is characterized by a large, two story Mission-style structure. The structure is an "I" shape with a central bell tower and twin wings featuring copinged mission parapets with quatrefoil louvered vents. The vents have turned spindle wooden grilles. The bell tower has a tiled roof, whereas the majority of the structure has composition roofing.

The overall exterior of the structure is covered with stucco. Several improvements were done to the building between 1935 and 1937. These improvements included rebracing and "earthquake-proofing" the building, adding a new first-floor auditorium with a stage, a kitchen, a gym, and a winter playroom. Tennis and basketball courts, as well as baseball diamonds were also added to the property, and the grounds were re-landscaped.

There are several entryways to the building. The main entry to the building features twin paneled doors with central windows, a hopper window above, pilasters, and a dentiled pediment. The second-story front entrance is reached via a broad stairway, with balconies on either side featuring turned, wooden, spindle railings. The balconies and stairway landing form a continuous walkway/porch across the front central part of the building which is supported by twin arched galleries. These galleries enclose twin double-door entrances on the first floor on either side of the stairway. These entrances are wooden framed and have plain wooden doors. The second story side entrances, which are centrally located, have been altered from their original form as windows with decorative pediments to pedimented doors. The pediments were probably made by the builder's father-in-law, A. L. Ricks, a wheelright and Fremont pioneer (Griffin, 1998). When these pedimented side windows were replaced by double doors, wooden double staircases were added, perhaps during the improvements carried out on the building between 1935 and 1937 (Holmes, 1997). The first story central side entries have pilasters and probably had paneled double doors with windows when the building was first constructed, but have since been replaced by modern, plain, wooden doors. There are two wooden framed entrances at the rear of the building and one secondary side entrance at the Northwest corner of the building, and the latter appears to have been added after 1935.

Window types on the structure vary with each story of the building. In general, wood sash windows are found throughout the structure. Double hung windows exist on the upper story, and large ribbon style, sashed windows can be found on the front and rear of the wings. A metal-framed fabric awning has been added to the ribbon window at the rear of the North wing. Hopper style sashed windows are found on the ground floor.

The interior of the structure may be divided into the central portion and the wings. The central interior of the building houses the main hallway and several old classrooms on the second story. The large twin staircases located in the central interior provide access to the lower wings and restrooms as well as the central heating and maintenance facilities/rooms located in the central section of the ground floor. The wings have large, open 'play rooms' on the ground floor with classrooms above them.
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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) There are no supporting buildings associated with this structure. At the time of this evaluation, large front and side lawns existed on the property. In addition, several mature cypress trees framed the building, and pine and palm trees were present on the property.

The exterior of the structure has retained its architectural integrity and it is a dominant feature of the immediate neighborhood. This structure embodies large scale architectural characteristics that are distinctive of the Mission style which is relatively uncommon in the San Francisco Bay Area, although more frequent in the Mission districts (areas near the original Spanish missions). This building is unique in that it also includes other elements that would qualify it as 'Mission-Eclectic.'
The current owner of the property, Santa Clara Development, is proposing to renovate the exterior and remodel the interior of the school structure. The interior architecture of the building has not been altered since it was vacated by the last commercial tenant in 1997.

The current plan for modifications involves developing the interior of the school structure into eleven condominiums. These renovations include the removal of the existing floors, drywall, and piping systems, and the addition of stairs for each of the two-story condominiums. The exterior of the building will be renovated following the standards of the Secretary of the Interior in order to preserve its Mission style architecture and thus retain the historical character of the original building's exterior.

Historical Background of the Structure
The land that now contains the structure at 43551 Mission Boulevard was originally part of Mission San Jose. Sometime after the Mission period, the land came into private hands and was purchased by the Mission San Jose School District in 1913 (Holmes, 1997). The Mission Elementary School has experienced several types of use and occupation. The building functioned as an elementary school from 1915 until 1956, when a larger school was completed on Bryant Street. The Mission Elementary School building was then used as Fremont's first City Hall from 1956 to 1968. From the late 1960s until 1997, the basement of the building was used as a restaurant, and the upper floor contained commercial space, housing at various times a bookstore, a hang glider flying school, a curio shop, a florist shop, and the studio for a music instructor (Regina Dinney, personal communication 1998).

A Mission-style elementary school was originally designed for the Newark School District by Mr. Alfred Griffin (James Griffin, personal communication 1998). James Griffin, grandson of the builder, has suggested that Alfred's mother, Minnie Griffin (a local artist), may have collaborated on the original design. Newark did not purchase the design, but it was later simplified and used as the basis for the Mission Elementary School (at 43551 Mission Boulevard) and possibly the Niles Elementary School. The two schools are similar in design and were both built by the architect's father, Frank Griffin (a local contractor), and his brothers Lee and Randolph (two carpenters) in 1913 and 1912, respectively. The Mission Elementary School was initially stuccoed with an early pumping system, which proved to be ineffective, necessitating the reapplication of stucco by hand.

As a result, Frank Griffin lost money completing the school (James Griffin, personal communication 1998).

Alfred Griffin, the architect of the Mission Elementary School, was a native of Fremont.

When Essanay Films came to Niles in 1912, Alfred became a set designer and builder for Gilbert M. Anderson. As one of the founders of Essanay Films, Anderson would eventually direct and/or star in many of Essanay's several hundred early western films as Broncho Billy, the first cowboy film hero. Charlie Chaplin made five films with Essanay when it was based in Niles, including "The Tramp." Alfred Griffin built housing for Essanay Films and possibly their studio building (James Griffin, personal communication 3 5.A.d
Packet Pg. 153
Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) 1998). When Essanay Films ceased production in Niles and moved to Hollywood in 1916, Alfred Griffin went with them, and he continued to work for a number of years as a set designer for the company.

The Mission Elementary School has a well-established chronology (circa 1913), and it is in good physical condition. The property is currently owned by Santa Clara Development, and the structure is vacant.

HISTORIC EVALUATION
Primary Historic Resources, City of Fremont
The structure at 43551 Mission Street is listed on the Primary Historic Resources Inventory (1991) for the City of Fremont. This inventory list was first developed by Council Resolution 5463 in 1982. The list is currently organized into Planning Areas designated by the City in 1989, and it is ordered by major time periods in Fremont history.

The school building is listed within the Mission San Jose Planning Area. It falls within the Church, School, and Government category for this area. Buildings on the Inventory that are also listed under this category in the Mission San Jose Planning Area include: St.

Joseph's Catholic Cemetery (Durham and Mission location), St. Joseph's Catholic School (removed to San Mateo), the Washington College site, Christian College, Curtner Seminary, Anderson Military Academy, and the Giles home site. Of these structures, only the Giles home site is listed on the California Register of Historic Resources.

California Register of Historic Resources Criteria
The California Register of Historic Resources (CRHR) is an authoritative listing and guide used to identify and protect existing historical resources within the state. A cultural resource is considered "significant" for the state if it qualifies as eligible for listing in the California Register of Historic Resources (CRHR). Properties that are eligible for listing in the CRHR must meet one or more of the following criteria:

1. Association with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States;

2. Association with the lives of persons important to local, California, or national history;

3. Embodying the distinctive characteristics of a type, period, region, or method of construction, or representing the work of a master, or possessing high artistic values; or

4. Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation.

A property may be automatically listed in the CRHR if it is formally determined eligible for the National Register of Historic Places. Properties that are formally determined eligible for the NRHP are those that are designated as such through one of the federal preservation programs administered by the California Office of Historic Preservation (i.e., the National Register, Tax Certification, and Section 106 review of federal undertakings).

The CRHR interprets integrity of a cultural resource as the authenticity of an historical resource's physical identity as evidenced by the survival of attributes it had during the significant period of its historical use. An historic cultural resource must retain its historic character or appearance and thus be recognizable as an historic resource. Integrity is 4 5.A.d
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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) evaluated by examining the subject's location, design, setting, materials, workmanship, feeling, and association. If the subject has retained these qualities, it may be said to have integrity. It is possible that a cultural resource may not retain sufficient integrity to be listed in the National Register of Historic Places yet still be eligible for listing in the CRHR. If a cultural resource retains the potential to convey significant historicaVscientific data, it may be said to retain sufficient integrity for potential listing in the CRHR.

The Mission Elementary School is not currently listed on the California Register of Historical Resources. This structure does, however, qualify as potentially eligible for listing on the CRHR under criteria 1, 2, 3, and 4 described above. The Mission Elementary School structure was the third school built in the Fremont area, and it was the first City Hall in Fremont. Due to the structure's association with these events that have contributed to local and regional history, it qualifies as significant under criterion 1 above.

In addition, the structure is associated with Alfred Griffin, an original set designer with Essanay Films. This film company made several famous silent films, including those starring Broncho Billy and Charlie Chaplin (e.g., "The Tramp"). Due to the association with a famous architect, the Mission Elementary School qualifies as significant under criterion 2 above. The Mission Elementary School structure also embodies distinctive, large scale characteristics of Mission style architecture, and this structure is the dominant feature of its neighborhood. These two characteristics qualify it as significant under criterion 3. Finally, the structure at 43551 Mission Boulevard has the potential to yield information important to the local history of the area; its history has not been fully researched and documented, and thus it provides the opportunity to investigate the historic roles of the first schools in the Fremont area and the original founders of the City of Fremont (criterion 4).

In addition to meeting each of the criteria for significance outlined in the CRHR, the Mission Elementary School building retains integrity on its exterior, as this building has not been moved from its original location and it conveys information about the design, materials, and workmanship of the original building. The interior of the building retains partial integrity, as the building retains its interior architectural forms (e.g., the main central stairwell and many original windows).

National Register Criteria
The National Register of Historic Places was first established in 1966, with major revisions in 1976. The register is set forth in 36 CFR 60 which establishes the responsibilities of the State Historic Preservation Officers (SHPO), standards for their staffs and review boards, and describes the statewide survey and planning process for historic preservation. Within this regulation guidelines are set forth concerning the National Register of Historic Places (36 CFR 60.6). In addition, further regulations are found in 36 CFR 63-66 and 800 which define procedures for determination of eligibility, identification of historic properties, recovery, reporting, and protection procedures.

The guidelines set forth in the National Register of Historic Places were established to recognize resources associated with the accomplishments of all peoples who have contributed to the country's history and heritage. These guidelines provide a process for Federal and State agencies to nominate cultural resources to the National Register. The integrity and significance of a resource are important in the nomination process. Integrity applies to specific items such as location, design, setting, materials, workmanship, feeling, and association. Quality of significance in American history, architecture, archaeology, engineering, and culture is present in resources that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and meet at least one of the following criteria:
5 5.A.d
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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) a. that are associated with events that have made a significant contribution to broad patterns of our history;
b. that are associated with the lives of persons significant in our past; c. that embody distinctive characteristics of type, period, or method of construction, or that represent the work of master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction;
d. that have yielded, or are likely to yield, information important in prehistory or history.

The Mission Elementary School is not currently listed on the National Register of Historic Places. This structure does, however, qualify as potentially eligible for listing on the National Register under criteria A, B, C, and D described above. The structure was constructed circa 1913; therefore the structure is approximately 85 years old, exceeding the required age of fifty years for National Register eligibility.

Criterion A relates to the association of the structure with broad patterns of history evaluated within the local context. The Mission Elementary School was the third school constructed in the Fremont area, and it was used as the first City Hall when Fremont was founded. The Mission Elementary School's association with these social/economic periods in the area's history contributes to the resource's historical significance.

Criterion B relates to the building's association with significant personalities of the past.

This structure was designed by Mr. Alfred Griffin who was an original set designer for Essanay Films, which was made famous with Broncho Billy films and Charlie Chaplin films such as "The Tramp." In addition, Alfred Griffin was the architect for the Niles Elementary School. Therefore, Alfred Griffin was a significant person in the history of both Fremont and Niles, as he designed significant structures in these two communities and he designed sets for an early, well-known film company, Essanay Films.

Criterion C relates to the distinctive physical characteristics of the building. The Mission Elementary School structure is the dominant feature of its neighborhood. It embodies large scale architectural characteristics that are distinctive of the Mission style which is relatively uncommon in the San Francisco Bay Area, although it is more frequent in Mission Districts. In addition, the structure was originally stuccoed with an early pumping system, which proved to be ineffective, necessitating a second stucco application by hand.

Although the first stucco application failed, the Mission Elementary School provides an example of how this early technological innovation was used. The rarity and uniqueness of the architectural style of this building combined with its original stucco application qualify it as significant under Criterion C.

Criterion D relates to potential archaeological resources associated with the site, and the potential for the site to reveal additional information about this period in history. As noted above, the Mission Elementary School property was originally part of Mission San Jose and it came into private hands sometime before the school was built. These two periods of the property's use are as yet not completely documented. Thus, the potential does exist for encountering historic archaeological materials from either of these periods in subsurface deposits within the property boundaries. These archaeological materials may reveal a great deal more about the activities carried out on the property when it was part of Mission San Jose and/or the land's use when it was private property prior to the construction of the school building on the property. In addition, the structure functioned as the first City Hall of Fremont, and therefore current and future researchers may wish to study the Mission Elementary School in terms of its contributions to the beginnings of the City of Fremont. 6 5.A.d
Packet Pg. 156
Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) The final consideration in the evaluation process is an assessment of the architectural and historical integrity of the building in terms of alteration and deterioration. As can be seen in comparison of historic and current photographs of the structure, very little apparent exterior alteration has taken place. Alteration of the interior was carried out at various times in the past (e.g., when the building was converted from a school to City Hall). However, the original stairwells, wood paneling, some original wood flooring, and the original windows on the structure are still in place. There are certainly some signs of wear, but structural, as well as historical and architectural integrity on the exterior are well intact.

CONCLUSION
The Mission Elementary School retains a high degree of integrity as an historic structure in the City of Fremont. The structure was constructed circa 1913 on lands that were formerly a part of Mission San Jose, and the school building has been well-maintained over the years. The Mission Elementary School exemplifies not only large-scale Mission style architecture which is relatively rare in the San Francisco Bay area, it was also originally stuccoed with an early, innovative, application technology. The school was also designed by an important figure in Niles and Fremont, Mr. Alfred Griffin. Mr. Griffin designed both the Mission Elementary School and the Niles Elementary School, and he worked as a set designer for Essanay Films. This film company became well-known due to its production of films starring Charlie Chaplin (e.g., "The Tramp") and the first cowboy film hero, Broncho Billy. The Mission Elementary School was later adapted for use as the first City Hall in Fremont. The school is thus an important landmark in the City of Fremont due to its association with significant persons and events and its relatively rare architectural style. Based on the historical background of this structure, it qualifies as potentially eligible for inclusion in both the National Register of Historic Places and the California Register of Historic Resources.

The Mission Elementary School conveys significant information regarding the early history of the Fremont area as well as the founding of the City of Fremont itself. The patterns of history described in association with the Mission Elementary School are exemplary of a region with a rich local heritage. This local landmark is only one of many that continue to provide glimpses into Fremont's past for both current and future generations. 7 5.A.d
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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129))

LITERATURE CITED AND CONSULTED
Country Club of Washington Township Research Committee
1950 History of Washington Township. Stanford University Press.

Dinney, Regina
1998 Personal communication with Archaeological Resource Management regarding the history of the building at 43551 Mission Boulevard in the City of Fremont.

Griffin, James R.
1998 Personal communication with Archaeological Resource Management regarding the history of the building at 43551 Mission Boulevard in the City of Fremont.

Holmes, Philip
1997 Two Centuries of Mission San Jose. Fremont, CA: Museum of Local History.

Holmes, Philip and Rose Dolores
1983 Reflections: The Educational Heritage of Frerrwnt. Fremont, CA: Museum of Local History.

McAlester, Virginia and Lee
1984 A Field Guide to American Houses. New York: Alfred A. Knopf.

Ockerman, Philip
1989 Thirty Years of Fremont. Mission Peak Heritage Foundation.

Thompson & West
1878 Historical Atlas of Alameda County. Thompson & West.

Weed, Cecilia
1998 Personal communication with Archaeological Resource Management regarding the history of the building at 43551 Mission Boulevard in the City of Fremont.
8 5.A.d
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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) Washington Blvd.

Ellsworth Mission
I ► .=-1
Anza Street
Mission Elementary
School
Cedar Street
Not to scale

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Qualifications of Archaeological Resource Management

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129))

QUALIFICATIONS OF ARCHAEOLOGICAL RESOURCE MANAGEMENT
Archaeological Resource Management has been specifically engaged in cultural resource management projects in central California since 1977. The firm is owned and supervised by Dr. Robert Cartier, the Principal Investigator. Dr. Cartier is certified by the Society of Professional Archaeologists (SOPA) for conducting cultural resource investigations as well as other specialized work in archaeology.

The National Park Service has outlined the requirements for cultural resource professionals in 36 CFR Part 61. Thus, the following standards are based upon these National Park Service requirements with some modifications for local cultural resource specialists. In order to qualify as a professional historian, the minimum professional qualifications in history are a graduate degree in history or a closely related field; or a bachelor's degree in history or closely related field plus one of the following:

1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic professional institution, historic organization, agency, or museum.

2. Substantial research and publication in the field of history.

3. Registered professional historian with the California Committee for the Promotion of History (CCPH).

Dr. Cartier meets the professional qualifications in history, as he holds a Bachelor's degree, a Master's degree, and a Ph.D. in anthropology, a field closely related to history.

He joined the CCPH in 1986 and has 21 years of full-time experience in research, writing, and interpretation of cultural resources. Dr. Cartier has authored and co-authored several notable historical publications for the central California area, including: The Saint Patrick's Seminary Historic Trash Site (1997); Villa Torino: Historic Archaeology Phase I Excavations (1994); Evaluation of Cultural Resources and Determination for National Register Eligibility for the Buena Vista Adobe Project (1994); The Old Stone Building: Its History and Archaeology (1986); and The Archaeological Investigations at CA-MNT- 1243H: The Estrada Adobe in Monterey, California (1985). Each of these published works involved extensive research and evaluation of historical cultural resources. He was originally trained in historic research and historic archaeology by Professor Frank Hole of Rice University in the 1970s and published the monograph Part I, History of the McCormick League and Areas Adjoining the San Jacinto Battleground (1972).

Dr. Cartier has also carried out historic structure photodocumentation for many projects in the Bay area. These projects have included both medium and large format photography in accordance with guidelines outlined by local agencies and/or following the photographic standards of the Historic American Buildings Survey (HABS). He has taught field methods in archaeology at De Anza College since 1975, with several studies of local historic structures and deposits.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) APPENDIX 2:

Department of Parks and Recreation Form

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Office of Historic Preservation
Historic Resources Inventory
Identification and Location Ser. No.

National Register Status
Survey Ref. No. O 1
Local designation City Landmark
1 . Historic name Mission Elementary School & Original Fremont City Hall ____________ ...._ ______________________ _ • 2 . Common name or current name _________ O_l_d_M_i_s_s_io_n_S_c_h_o_o_l _______ _ • 3 . Number & street 43551 Mission Boulevard Cross-corridor ---------------------- -------
City Vicinity only -------- -------Fremont Zip 9 4 5 3 9 County · Alameda

4. UTM Zone _ __._1 .... 0 __ A 5 95 720mE B 41 53 920mN c ______ D _____ _

5. Quad map No. __ N_i_le_s_ Parcel No.

Description

6. Property Category building
513-0610-037-05 Other
If district, number of
documented resources
513-0610-037-03
next to Mission San Jose Dist.
• 7. Briefly describe the present physical appearance of the property, including condition, boundaries, related features, surroundings, and (if appropriate) architectural style.

The property contains a large, two story Mission-style structure. The structure is an "I" shape with a central bell tower and twin wings featuring copinged mission parapets with quatrefoil louvered vents. The vents have turned spindle wooden grilles. The bell tower has a tiled roof, whereas the majority of the structure has composition roofing. The overall exterior of the structure is covered with stucco.

There are several entryways to the building. The main entry to the building features twin paneled doors with central windows, a hopper window above, pilasters, and a dentiled pediment. The second-story front entrance is reached via a broad stairway, with balconies on either side featuring turned, wooden, spindle railings. The balconies and stairway landing form a continuous walkway/porch across the front central part of the building which is supported by twin arched galleries. The (continued on attachment)
Send a copy of this form to: State Office of Historic Preservation, PO Box 942896, Sacramento, CA 94287-0001

8. Planning agency
City of Fremont

9. Owner Address
Santa Clara Development
1978 The Alameda
San Jose, CA 951 26
1 0. Type of Ownership
Private
1 1 . Present Use
vacant

12. Zoning
unknown
1 3. Threats
re novation/redev e lopm e nt
• Complete these items for historic preservation compliance projects under Section 106 (36 CFR 800).

All items must be completed for historical resources survey information.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) Department of Parks and Recreation 523 Form
Mission Elementary School Building
43551 Mission Boulevard, Fremont, CA
#7 continued:

Attachment
second story side entrances, which are centrally located, have been altered from their original form as windows with decorative pediments to pedimented doors. The pediments were probably made by the builder's father-in-law, A. L. Ricks, a wheelright and Fremont pioneer (Griffin, 1998). When these pedimented side windows were replaced by double doors, wooden double staircases were added, perhaps during the improvements carried out between 1935 and 1937 (Holmes, 1997). The first story central side entries have pilasters and probably had paneled double doors with windows when the building was first constructed, but have since been replaced by modem, plain, wooden doors. There are two wooden framed entrances at the rear of the building and one secondary side entrance at the Northwest comer of the building, all of which appear to have been added after 1935.

Window types on the structure vary with each story of the building. In general, wood sash windows are found throughout the structure. Double hung windows exist on the upper story, and large ribbon style, sashed windows can be found on the front and rear of the wings. A metal-framed fabric awning has been added to the ribbon window at the rear of the North wing. Hopper style sashed windows are found on the ground floor.

The interior of the structure may be divided into the central portion and the wings. The central interior of the building houses the main hallway and several old classrooms on the second story. The large twin staircases located in the central interior provide access to the lower wings and restrooms as well as the central heating and maintenance facilities/rooms located in the central section of the ground floor. The wings have large, open 'play rooms' on the ground floor with classrooms above them.

There are no supporting buildings associated with this structure. At the time of this evaluation, large front and side lawns existed on the property. In addition, several mature cypress trees framed the building, and pine and palm trees were present on the property.

The exterior of the structure has retained its architectural integrity and it is a dominant feature of the immediate neighborhood. This structure embodies large scale architectural characteristics that are distinctive of the Mission style which is relatively uncommon in the San Francisco Bay Area, although more frequent in the Mission districts. This building is unique in that it also includes other elements that would qualify it as 'Mission-Eclectic'.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) Survey Ref. No. O 1 ---Historical Information
• 1 4. Construction date(s) 1 91 3 F Original location ___ sa=me~-- Date moved ____ _ 1 5. Alterations & date re-bracing and improvements (1935)· additions of a new audjtorluro wt stage and kitchen1 a gym1 a winter playroom1 and addition of tennis and basketball courts and baseball diamonds plus earthquake proofing of entire building 1937

16. Architect Alfred Griffin Builder Frank Griffin -------------- _____ ..;...;.~;..;_.;;;;.;.;..;_;..;_ ____ _ 1 7. Historic attributes (with number from list) ...;1...;.4_&;:;;_1.;..;;5;...,_ ____________ _ Significance and Evaluation
1 8. Context for evaluation: Theme Horticulture Area next to Mission San Jose Period 1870-1918 Property Type school/City Hall Context formally developed? __ _ • 1 9. Briefly discuss the property's importance within the context. Use historical and architectural analysis as appropriate. Compare with similar properties.

The structure at 43551 Mission Boulevard is not currently listed on the National Register of Historic Places. This structure does, however, qualify as potentially eligible for listing on the National Register under criteria A, 8, C, and D described above.

The structure was constructed circa 1913; therefore the structure is approximately 85 years old, exceeding the required age of fifty years for National Register eligibility.

Criterion A relates to the association of the structure with broad patterns of history evaluated within the local context. The Mission Elementary School was the third school constructed in the Fremont area, and it was used as the first City Hall when Fremont was founded. The Mission Elementary School's association with these social/economic periods in the area's history contributes to the resource's historical significance.

Criterion B relates to the building's association with significant personalities of the past. This structure was designed by Mr.

Alfred Griffin who was an original set designer for Essanay Films, which was made famous with Broncho Billy films and Charlie (continued on attachment)
2 O . Sources:

McAlester & McAlester (1984) A Field Guide to American Houses, New York: Alfred A. Knopf.

Holmes, Philip (1997) Two Centuries of Mission San Jose, Fremont, CA: Museum of Local History.

Holmes, Philip and Rose Dolores (1983) Reflections: The Educational Heritage of Fremont, Fremont, CA: Museum of Local Historv.
21 . Applicable National Register criteria
A. B, C, & D
2 2. Other recognition qualifies for CRHR
State Landmark No. (if applicable) ___ _
2 3. Evaluator Riordan Goodwin, Vicki Kobza
Date of evaluation November 1998

24. Survey type Historical Evaluation

25. Survey name Old Mission School Survey
2 6. Year form prepared 1 9 9 8
By (name) Vicki Kobza
Organization A.R.M.

Address 496 North Fifth Street
--------------------City & Zip San Jose, CA 95112
-----------'--'------Phone _____ 4 ...... 0_,8..._-__ 2__.9 ... 5..._-..... 1....,3 __ 7_.3,.__ __ _ Washington Blvd.
~
Ellsworth
I ►
Mission
:vd.l
Anza Street
Old Mission
School~~
Cedar Street
- I

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) Department of Parks and Recreation 523 Form
Mission Elementary School
43551 Mission Boulevard, Fremont, CA
#19 continued:

Attachment
Chaplin films such as "The Tramp." In addition, Alfred Griffin was the architect for the Niles Elementary School. Therefore, Alfred Griffin was a significant person in the history of both Fremont and Niles, as he designed significant structures in these two communities and he designed early sets for a well-known film company, Essanay Films.

Criterion C relates to the distinctive physical characteristics of the building. The Mission Elementary School structure is the dominant feature of its neighborhood. It embodies large scale architectural characteristics that are distinctive of the Mission style which is relatively uncommon in the San Francisco Bay Area, although it is more frequent in the Mission Districts. In addition, the structure was originally stuccoed with an early pumping system, which proved to be ineffective, necessitating a second stucco application by hand.

Although the first stucco application failed, the Mission Elementary School provides an example of how this early technological innovation in stucco application was used. The rarity and uniqueness of the architectural style of this building combined with its original stucco application qualify it as significant under Criterion C.

Criterion D relates to potential archaeological resources associated with the site, and the potential for the site to reveal additional information about this period in history. As noted above, the Mission Elementary School property was originally part of Mission San Jose and it came into private hands sometime before the school was built. These two periods of the property's use are as yet not completely documented. Thus, the potential does exist for encountering historic archaeological materials from either of these periods in subsurface deposits within the property boundaries. These archaeological materials may reveal a great deal more about the activities carried out on the property when it was part of Mission San Jose and/or the land's use when it was private property prior to the construction of the school building on the property. In addition, the structure functioned as the first City Hall of Fremont, and therefore current and future researchers may wish to study the Mission Elementary School in terms of its contributions to the beginnings of the City of Fremont.

The final consideration in the evaluation process is an assessment of the architectural and historical integrity of the building in terms of alteration and deterioration. As can be seen in comparison of historic and current photographs of the structure, very little apparent exterior alteration has taken place. Alteration of the interior was carried out at various times in the past (e.g., when the building was converted from a school to City Hall). However, the original stairwells, wood paneling, some original wood flooring, and the original windows on the structure are still in place. There are certainly some signs of wear, but structural, as well as historical and architectural integrity on the exterior are well intact.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) APPENDIX 3:

Historic Photos of the Mission Elementary School

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) Mission Elementary School ca. l 9 l 5- l 920s (picture from Holmes & Rose, 1983). Note hitching post/railings.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract -4"0~-
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Mission Elementary School ca. 1930s- l 940s? (picture from Holmes, 1997). Note picket fence and mature trees.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract APPENDIX 4:

Current Photographs of the Mission Elementary School

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) hoto 1: Front of structure at 43551 Mission Boulevard showing the stairs and bell tower. View is to the west.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract Photo 2: Front of structure showing landscaping. View is to the west.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract t"'noto :;: Front of structure showing the front lawn and landscaping.

View is to the northwest

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract Photo 4: Front view of the south wing of the structure looking northwest.·

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract Photo 5: Front view of the north wing of the structure looking south. ~

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract Photo 6: Front of structure looking southwest.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract lPhoto 7: Detailed side view of entrance. View is to the southwest.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract Photo 8: Detailed front view of entrance. View is to the west.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract Photo 9: Detailed view of bell tower. View is to the west looking sk ward. ·

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract Photo 10: Detailed view of door on north end of structure showing original pediment with subsequent door and stairway addition. View is to the east.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract Photo 11: Back of structure looking to the northeast.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract Photo 12: Second story hallway inside the structure. View is to the south.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract Photo 13: Detailed view of stairwell in the southern end of the structure.

View is to the south.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract Photo 15: Front of structure looking to the southwest.
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[::::.Front of structure and central courtyard. View is to the northwest.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) i!"'
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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) ,✓·-.,
Photo 19: Detailed view of original double hung, wood sash windows on the fronl of the structure. View is to the west.

Photo 18: North front palio. View is to the northwest.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) ..

Photo 21: Back of structure looking to the southeast. Photo 20: Northern end of structure looking to the southeast.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) [i>hoto 25: Sou~l~crn c,;d of stnu:tu~c. looking ~~ the nor~h. . : . • I Photo 24: Detailed view of quatrefoil louvered vent with turned spindled. wooden •rills on the back of the southern win.a:. View is to the east

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) Photo 27: Second sLory hallway inside the structure. View is to the north. Photo 26: Second story hallway and front entrance inside the structure. View is the north.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) Photo 28: Detail view of stairwell inside the southern end of the structure. View · to the north.

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Attachment: Informational Item 1_DPR - The Old School (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Minutes Historical Architectural Review Board – April 6, 2023 Page 1

MINUTES

HISTORICAL ARCHITECTURAL REVIEW BOARD
REGULAR MEETING OF APRIL 6, 2023

CALL TO ORDER: Chairperson Jacobs called the meeting to order at 6:30 p.m.

PRESENT: Chairperson Jacobs
Board Members Cain, Kanady and McLauchlan

ABSENT: Vice Chairperson Adamson

STAFF PRESENT: Wayland Li, Principal Planner
Bronwen Lacey, Senior Deputy City Attorney

APPROVAL OF MINUTES: Board Member McLauchlan moved to approve minutes from the regular meeting of September 1, 2022 and Board Member Cain seconded. The motion was carried by all present.

Board Member McLauchlan then moved to approve minutes
from the regular meeting of January 5, 2023 and Board
Member Kanady seconded. The motion was carried by all
present.

DISCLOSURES: Board Member McLauchlan visited the site for Item 1 (PLN2023-00129), and walked the property, as well as in and around the building on both levels.

Board Member Kanady stated that she is very familiar with the building/project site for Item 1 (PLN2023 -00129). Ms. Kanady said that she had visited the site on a paid photography assignment from the Washington Township Museum of Local History last year . She also met with an d visited one of the women who lived there.

Board Member Cain visited the site for Item 1 (PLN2023 - 00129), walked around the property, and observed other
buildings on site.

Chairperson Jacobs visited the site for Item 1 (PLN2023 - 00129), and walked the property, as well as in and around the building on both levels.

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Attachment: Informational Item 2_Draft Meeting Minutes_HARB (2023.04.06) (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Minutes Historical Architectural Review Board – April 6, 2023 Page 2

PUBLIC/ORAL
COMMUNICATIONS Kelly Abreu commented on the infrequency of the East Bay Regional Park District Committee meetings and suggested they be abolished . He then commented on the neighborhood of Mission San Jose, stating that it was degenerating and degrading due to local businesses closing, citing 7 -Eleven, Mc Ivors Hardware, Bank of America, and Mission Burger, as examples; which he correlated to the lack of housing density.

PUBLIC HEARING ITEMS

Item 1. THE OLD SCHOOL – MILLS ACT CONTRACT – 43551 Mission Boulevard – (PLN2023-00129) – To consider an application, before the Historical Architectural Review Board, for a Mills Act Historical Property Contract for “The Mission Elementary School” (former Mission Elementary School and City Hall) located at 43551 Mission Boulevard in the Mission San Jose Community Plan Area; and to consider an exemption from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Project).

Principal Planner Wayland Li introduced the item and gave a brief presentation. Mr.

Li then responded to questions from the Board regarding the contract renewal frequency and process, and how current tenants in the buildings surrounding the Old School would be affected.

Chairperson Jacobs opened the public hearing and invited the applicant to speak.

Terry Wang, representing Robson Homes, gave a brief presentation and responded to questions from the Board concerning the current tenants, and maintenance of the historic resource and property.

Chairperson Jacobs invited public comments.

Peter Perlegos spoke in favor the project . He commented on the value that the Old School presents to the community , and advocated for private owners to continually reinvest in their buildings to keep the frontage of Mission San Jose alive and well. Mr.

Perlegos also commented on the need for denser residential housing in order to sustain active businesses in Mission San Jose.

Kelly Abreu stated that all his children had attended Mission Elementary School, and then commented on the need for higher density residential units in Mission San Jose.

Terry Wang had no rebuttal to comments, but did respond to additional questions from the Board regarding the list of maintenance items noted in the staff report, page 4.

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Attachment: Informational Item 2_Draft Meeting Minutes_HARB (2023.04.06) (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Minutes Historical Architectural Review Board – April 6, 2023 Page 3 Chairperson Jacobs closed the public hearing on this item.

Board Member McLauchlan moved to adopt staff recommendation and Board Member Cain seconded.

IT WAS MOVED ( MCLAUCHLAN/CAIN) AND CARRIED BY THE
FOLLOWING VOTE ( 4-0-0-1-0) THAT THE HISTORICAL ARCHITECTURAL REVIEW BOARD:

HELD PUBLIC HEARING;
AND

FOUND THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES §15061, §15183, AND §15378;
AND
FOUND THAT THE PROPOSED MILLS ACT CONTRACT (PLN2023-00129), AS

SHOWN IN EXHIBIT C, IS CONSISTENT WITH AND SUPPORTIVE OF THE CITY OF FREMONT’S GENERAL PLAN GOALS AND POLICIES FOR

HISTORIC PRESERVATION AND THE PROVISIONS OF FREMONT
MUNICIPAL CODE CHAPTER 18.175, THE HISTORIC RESOURCES
ORDINANCE;
AND

RECOMMENDED TO THE CITY COUNCIL AUTHORIZATION FOR THE CITY

MANAGER OR DESIGNEE TO ENTER INTO A MILLS ACT CONTRACT FOR

THE OLD SCHOOL BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS CONTAINED IN EXHIBIT B.

The motion carried by the following vote:

AYES: 4 – Cain, Jacobs, Kanady, McLauchlan
NOES: 0
ABSTAIN: 0
ABSENT: 1 – Adamson
RECUSE: 0

MISCELLANEOUS ITEMS

Information from Commission and Staff:

• Information from staff, as reported by Principal Planner Wayland Li:

o Elections for Chairperson and Vice Chairperson for 2023 were postponed from the January meeting until all members of the Board were present. Mr. Li proposed that elections take place next meeting, regardless of full attendance, to which there were no objections. o Per the request of this Board, hardcopies of project plans will be mailed out via USPS beginning with the next scheduled meeting.

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Attachment: Informational Item 2_Draft Meeting Minutes_HARB (2023.04.06) (4858 : The Old School – Mills Act Contract (PLN2023-00129))

Minutes Historical Architectural Review Board – April 6, 2023 Page 4 o Training for Board Members will soon be scheduled. Board Members were encouraged to provide topics of interest.

• Information from Commission: None

ADJOURNMENT

Meeting adjourned at 7:03 p.m.

APPROVED BY:

Wayland Li, Secretary
Historical Architectural Review Board

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Attachment: Informational Item 2_Draft Meeting Minutes_HARB (2023.04.06) (4858 : The Old School – Mills Act Contract (PLN2023-00129)) Resolution 2023-XX Page 1 of 3

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT AUTHORIZING THE MAYOR OR DESIGNEE TO

EXECUTE A MILLS ACT CONTRACT WITH THE OWNER OF THE

PROPERTY KNOWN AS THE MISSION ELEMENTARY SCHOOL
LOCATED AT 43551 MISSION BOULEVARD

WHEREAS, California Government Code section 50280 et seq., and Fremont Municipal Code Chapter 18.175 (Historic Resources), authorize the City of Fremont (“City”) to enter into historic preservation agreements (“Mills Act Contract”) with owner(s) of qualified historic properties; and

WHEREAS, the purpose of a Mills Act Contract is to provide a financial incentive for historic preservation whereby the property owner may receive a reduction in property taxes in exchange for an agreement to preserve, rehabilitate, and maintain a historic property over a minimum ten-year term; and

WHEREAS, the Mission Elementary School (formerly Mission Elementary School and City Hall) located at 43551 Mission Boulevard in the Mission San Jose Community Plan Area, hereinafter referred to as “The Old School,” was listed on the Primary Historic Resources Inventory (1991) for the City; and

WHEREAS, in 1998, the Department of Parks and Recreation found that The Old School qualified for listing on the California Register of Historic Resources and the National Register of Historic Places; and

WHEREAS, in 1998, the City Council approved a project to rehabilitate The Old School, including the creation of 11 live/work units, 15 new single-family dwellings, and 10,300 square feet of commercial space in two new buildings; and

WHEREAS, in 2007, the Planning Commission approved a Conditional Use Permit to facilitate a residential condominium conversion of The Old School, subject to requirements contained in the City’s Residential Condominium Conversion Ordinance and applicable State law; and

WHEREAS, in 2008, the Planning Commission approved Tentative Tract Map 7965 to complete the conversion and allow the sale of the 11 live-work units as condominiums; and

WHEREAS, the applicant, Mark Robson on behalf of Mission Square Historic Renovation Partners L.P., has requested to enter into a Mills Act Contract with the City, thereby

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Attachment: Draft Reso- Mills Act Agreement Old Mission Elementary School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) Resolution 2023-XX Page 2 of 3

binding and requiring the property owner and successors in interest to preserve and maintain the character-defining features of the register resource; and

WHEREAS, on April 6, 2023, the Historical Architectural Review Board held a public hearing to consider the request to execute a Mills Act Contract on the subject property and by a 4-0 vote recommended that the City Council approve the Mills Act Contract; and

WHEREAS, on June 6, 2023, the City Council conducted a public hearing on the proposed Mill Act Contract for The Old School, afforded the public an opportunity to be heard, and considered the staff report including the staff recommendations therein.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT AS FOLLOWS:

SECTION 1. The City Council finds that approval of a Mills Act Contract is exempt from the requirements of the California Environmental Quality Act (“CEQA”), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines: Section 15061(b)(3) (no possibility of significant effect on the environment), Section 15183 (projects consistent with community plan, general plan or zoning), and Section 15378 (activities not a project).

SECTION 2. The City Council finds that the proposed Mills Act Contract (PLN2023-00129), set forth in Exhibit C to the June 6, 2023 City Council Report and incorporated by this reference, is consistent with and supportive of the City of Fremont’s General Plan goals and policies for historic preservation and the provisions of Fremont Municipal Code Chapter 18.175.

SECTION 3. The City Council approves the Mills Act Contract based upon the findings and subject to the conditions set forth in Exhibit B to the June 6, 2023 City Council Report and incorporated by this reference, and authorizes the Mayor or designee to execute the contract.

ADOPTED ________________, 2023, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Draft Reso- Mills Act Agreement Old Mission Elementary School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) Resolution 2023-XX Page 3 of 3

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Reso- Mills Act Agreement Old Mission Elementary School (4858 : The Old School – Mills Act Contract (PLN2023-00129)) Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Budget

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4923) DOC ID: 4923
Updated: 5/31/2023 1:40 PM by Alberto Quintanilla Page 1 FIRST PUBLIC HEARING ON FY 2023/24 PROPOSED OPERATING BUDGET - First Public Hearing (Published Notice) on FY 2023/24 Proposed Operating Budget Contact Persons:

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

Executive Summary: The purpose of this report is to recommend that the City Council hold a public hearing on the FY 2023/24 Proposed Operating Budget. The second public hearing and adoption are scheduled for June 13, 2023.

BACKGROUND: The following information has been extracted from the Budget Overview section of the FY 2023/24 Proposed Operating Budget document. It sets the context for the proposed budget by describing the challenges and opportunities the City will address and the major initiatives underway.

As a result of prudent policy decisions, support from City employees and the community, and a growing local economy, the City’s financial condition continues to improve. With guidance from the City Council on priorities and community values, and a focus on fiscal sustainability, we present the Fiscal Year 2023/24 Proposed Operating Budget.

Total General Fund budgeted resources in the coming fiscal year are estimated to be more than adequate to support total budgeted expenditures of $278.1 million. Reflecting continued improvement in the local economy, ongoing General Fund resources are estimated to increase by 4.9% in FY 2023/24.

The proposed budget incorporates the City Council’s and community’s highest priorities:
enhancing public safety, addressing and preventing homelessness, and supporting the City’s neighborhoods and business districts, while improving service delivery to residents and businesses.

The following are highlighted in this overview:
• FY 2023/24 Fiscal Outlook
• Economic Update
• Key Budget Assumptions
• Discussion of Unmet Needs
• Major City Initiatives

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Council Staff Report (ID # 4923) Meeting of June 6, 2023 Updated: 5/31/2023 1:40 PM by Alberto Quintanilla Page 2 FY 2023/24 Fiscal Outlook

Staff anticipates that growth in the national economy will slow during FY 2023/24. Because some of the City’s largest revenues - property tax and business tax - are based on prior- year activity, the impact of a slowdown might not be fully felt until FY 2024/25. Following the City’s sustainable budgeting principles, we have limited any proposed service enhancements or staffing increases to levels that can be supported on an ongoing basis.

Property tax and sales tax are the City’s most significant revenue sources. Property tax revenues are estimated to total $128.8 million in FY 2022/23, and staff projects those revenues will increase to $135.7 million in FY 2023/24, an increase of 5.4%.

Under Proposition 13, assessed values of all real property adjust with the California Consumer Price Index (CCPI), with a 2% limit, unless there is a change in ownership or new construction. The CCPI adjustment for the FY 2023/24 tax roll is an increase of 2%. An estimated increase in value from changes in ownership of 3.7% is based on property transfer tax data for calendar year 2022 and preliminary information from the County Assessor. An additional estimated increase of 0.5% for the value of new construction reflects the continuing development activity in Warm Springs and other areas of the City.

Sales tax revenue is anticipated to total $106.4 million in FY 2022/23, decreasing to $100.9 million in FY 2023/24. The projected strong performance in FY 2022/23 and subsequent decline stems from an estimated $10.3 million of one-time sales tax revenue. Without that one-time distortion, sales tax revenue would be estimated to grow approximately 5% from the prior year.

Business tax is projected to yield $13.4 million in FY 2022/23, a decrease of 3.7% from the prior year. The current year drop reflects unusually high collections in FY 2021/22. To aid local businesses impacted by the pandemic, the City waived penalties and interest on delinquent business taxes during calendar years 2020 and 2021. As a result, a portion of the prior year revenue consisted of delinquent prior year business taxes being paid to avoid accruing penalties and interest. The FY 2023/24 business tax estimate is $13.9 million, an increase of 3.6%.

The source of General Fund revenue most heavily impacted by the COVID-19 pandemic is hotel tax. With more rooms available, occupancy rates and room rates have risen over the past year but are still well below their pre-pandemic levels. The estimate for FY 2022/23 hotel/motel tax revenue has increased to $6.4 million, a 35.2% jump from the prior year actual amount of $4.7 million. FY 2023/24 hotel/motel tax revenues are estimated to reac h $7.3 million, an increase of 15% from the current year.

The FY 2023/24 proposed operating budget maintains the General Fund Contingency Reserve at 16.7% of budgeted expenditures and transfers out, or $46.4 million, a level consistent with City Council policy and the recommended practice of the Government Finance Officers Association of the United States and Canada.

The General Fund Budget Uncertainty Reserve is projected to end FY 2022/23 at its current level of $12.5 million. Reflecting both the increasing contribution of volatile sales tax revenue to General Fund resources and the heightened possibility of an economic slowdown

5.B
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Council Staff Report (ID # 4923) Meeting of June 6, 2023 Updated: 5/31/2023 1:40 PM by Alberto Quintanilla Page 3 or recession, the proposed budget includes increasing the Budget Uncertainty Reserve to $20.0 million.

Economic Update

The national economy, while currently continuing to expand and create new jobs, is expected to slow over the next year or possibly even dip into a recession. A slowdown in growth to less than 1% is projected for 2023, picking up to just over 1% for 2024. While the labor market has remained resilient in the face of increasing interest rates and recession concerns, the persistently lower level of consumer confidence suggests households are anticipating more challenging times ahead.

Reflecting the impact of higher interest rates, the advance estimate for the first quarter of 2023 reports that gross domestic product (GDP) increased by 1.1%, slowing from the 2.6% increase in the fourth quarter of 2022. The seasonally adjusted unemployment rate dropped slightly to 3.4% in April 2023, continuing at the historically low level we’ve seen over the past year.

The press release from the most recent meeting of the Federal Reserve Open Market Committee on May 3rd notes that “Economic activity expanded at a modest pace in the first quarter. Job gains have been robust in recent months, and the unemployment rate has remained low.” However, the press release goes on to caution that “Inflation remains elevated …” and that “Tighter credit conditions for households and businesses are likely to weigh on economic activity, hiring, and inflation.”

According to The Conference Board Consumer Research Center, “While consumers’ relatively favorable assessment of the current business environment improved somewhat in April, their expectations fell and remained below the level which often signals a recession looming in the short-term.”

Key Budget Assumptions

Based on the data we have at this time and economic forecasts from a range of sources, we are making the following key assumptions for the FY 2023/24 proposed budget:

1. The local economy will experience slower growth during FY 2023/24. Total General Fund ongoing resources (revenues and transfers in) are projected to increase by

4.9% over estimated actual ongoing resources in FY 2022/23.

2. The costs of the FY 2023/24 proposed budget will be covered by projected ongoing resources without requiring the use of reserves to balance the budget. Following the City’s sustainable budgeting principles, service enhancements or staffing increases for FY 2023/24 are limited to levels that can be supported on an ongoing basis.

3. In accordance with City Council policy, an additional pension contribution of $8.2 million to pay down the City’s unfunded liability more rapidly has been incorporated into the proposed General Fund budget.

4. Total expenditures in the FY 2023/24 proposed budget include a savings assumption of $17.8 million (approximately 6.5% of total budgeted expenditures in FY 2023/24)

5.B
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Council Staff Report (ID # 4923) Meeting of June 6, 2023 Updated: 5/31/2023 1:40 PM by Alberto Quintanilla Page 4 to reflect the City’s historical experience of under-spending total allocated resources, primarily due to salary savings from vacant positions.

5. The FY 2023/24 proposed budget includes funding for streets, sidewalks, and facilities maintenance, parks and street medians capital replacement, and capital improvements to achieve compliance with ADA standards.

6. The General Fund Contingency Reserve will be maintained at 16.7% of total budgeted expenditures and transfers out, the minimum level recommended by the Government Finance Officers Association of the United States and Canada (GFOA).

7. Reflecting both the increasing contribution of sales tax revenue to General Fund resources and the heightened possibility of an economic slowdown or recession, the General Fund Budget Uncertainty Reserve is proposed to increase from its current balance of $12.5 million to $20.0 million.

8. The adopted budget estimates approximately $13.9 million of FY 2022/23 ending unreserved fund balance. As part of the FY 2022/23 Year-End Report in Fall 2023, staff will bring forward recommendations for allocating any remaining available ending unreserved fund balance to address one-time priority projects, programs, unfunded liabilities, or reserve augmentation.

Unmet Needs

Fremont is a great place to live, work and do business. However, like many cities throughout California, our City faces long-term fiscal challenges that impact the City’s ability to maintain quality of life services at the level residents want and deserve. Important quality of life services we must continue to protect, maintain and improve include:
• Police/Fire protection and emergency response services • Garbage and recycling services
• Maintaining public parks
• Streets/Roads repair
• Protecting the safety of drivers, bikers, and pedestrians.

We continue to grapple with increasing needs for public safety services and the growing cost of maintaining Fremont’s roads and other infrastructure. The construction of 4,000 new residential units in Warm Springs, as well as other development throughout the City, are necessitating increased police staffing and the addition of a new fire truck company to protect public safety. The majority of Fremont’s public infrastructure was constructed many years ago and now requires either an increased level or increased frequency of repairs, compounded by not having had adequate resources to spend on maintenance in the past.

Moreover, as Fremont continues to grow, additional infrastructure is added that must be maintained, further stretching the City’s limited maintenance resources.

Finally, new requirements result in increased costs. Some of these requirements are voluntary, such as the City’s commitment to improving traffic and pedestrian safety and traffic congestion, and encouraging alternative forms of transportation, through

5.B
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Council Staff Report (ID # 4923) Meeting of June 6, 2023 Updated: 5/31/2023 1:40 PM by Alberto Quintanilla Page 5 implementation of the Mobility Action Plan. Components of the Mobility Action Plan, such as completion of the Safe Routes to Schools program ($25 million), traffic signal modernization ($31 million), and construction of major bicycle and pedestrian infrastructure ($200 million) are costly and will necessitate development of enhanced funding sources. Similarly, components of the Climate Action Plan including electric vehicle charging infrastructure for City vehicles ($5 million) and converting City buildings from gas to electric heating ($16 million) call for major investments. Other new requirements, which are regulatory in nature, have increased dramatically over the last few years, and have added significant costs to City operations. The City’s Americans with Disabilities Act (ADA) Transition Plan is proj ected to need $107 million over the next 25 years.

The inability to adequately fund ongoing maintenance and recapitalization of the City’s infrastructure is a major concern, but the FY 2023/24 proposed budget includes increasing the ongoing General Fund allocations for street, park, and building maintenance activities.

The proposed budget also addresses pressing needs in other areas of the organization and the community, including additional police officers, a firefighter recruit academy to prepare for activation of the new fire truck company, a community service officer for the mobile evaluation team, a new street maintenance crew, and staff and funding to expand Citywide marketing efforts to promote downtown and neighborhood business district vitality.

Major City Initiatives

The City of Fremont continues to support and invest in major strategic initiatives while navigating an operating environment that has been fundamentally reshaped by the COVID - 19 pandemic and changing macroeconomic conditions. These initiatives are important elements of our diversified tax base strategy and will position the City well for long -term economic growth and fiscal stability.

Development: There are four key development areas in Fremont that are critical to Fremont’s economic growth. These include the Warm Springs Innovation District, Bayside Technology Park, Ardenwood Technology Park, and Downtown/City Center. Fremont’s broad geography and multiple growth areas provide a diverse array of investment and infill redevelopment opportunities. Investment in these growth areas is supported by favorable land use policies and capital investments by the City that serve as catalysts toward generating greater private sector investment.

Warm Springs Innovation District

The Warm Springs Innovation District is critically important to the City because of a unique convergence of infrastructure, its central location, and an expanding employer base. This includes the Warm Springs/South Fremont BART station and adjacent Tesla Factory, which is the City’s largest employer. The station enhances intermodal access to local bike routes and provides critical connectivity to the City’s existing and future employment centers in the greater Warm Springs area.

In February 2022, the City celebrated the completion of the new West Access Bridge, connecting pedestrians and cyclists from the BART station to new residential and major commercial areas, including the Tesla Factory. The development of the West Access Bridge also provided an urban plaza that can be used to hold outdoor events and a trail that will eventually connect to a planned bicycle and pedestrian bridge crossing over Interstate 880.

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Several master plan developments are entitled for Warm Springs, with several under active development. Collectively, these projects provide extensive public benefits, including a new network of complete streets, a new elementary school, public plaza space, and 4,000 residential units (of which 524 are deed-restricted, affordable rental units). Over 1.7 million square feet of new commercial space has been entitled, including Class A office, advanced manufacturing space, and a new business-class hotel.

While the pandemic has greatly slowed new office and hotel projects, Fremont’s industrial market has remained a high performing class of commercial real estate, with multiple projects in various stages of the development pipeline. These include four projects under review totaling approximately 550,000 square feet (SF), an approved approximately 53,000 SF flex manufacturing/R&D project, one development under construction totaling approximately 209,000 SF, and a 110,000 SF project completed in early 2023 that has been leased to autonomous vehicle company Zoox.

Tesla has also expanded its business activities within the Warm Springs area to include the development and manufacture of cutting-edge advancements in battery technology. The City continues to facilitate the expansion of Tesla, including the addition of new technologies and production activities, as part of the comprehensive strategy for ensuring the City’s long- term economic and fiscal health. Tesla’s master plan ultimately allows for several million square feet to be added to what is already one of the country’s largest manufacturing facilities and the highest volume vehicle manufacturing plant in North America.

To support marketing the commercial/employment opportunities, Warm Springs has been branded as an Innovation District. Successes in attracting advanced technology tenants to the district include Raxium, a manufacturer of holographic displays that was recently acquired by Google; Zoox, a manufacturer of autonomous vehicles; and Underwriters Laboratories (UL), a provider of advanced technology testing and certification services which has significantly expanded its Warm Springs footprint in the last few years.

Downtown/Capitol Avenue

With its centralized, transit-rich location, Downtown Fremont is poised to become a vibrant, mixed-use district that will serve as a gathering hub for the entire community. Boun ded by Fremont Boulevard, Mowry Avenue, Paseo Padre Parkway, and Walnut Avenue, Downtown’s 110-acre district is surrounded by the broader City Center area, which includes major shopping centers like the Hub and Gateway Plaza. Downtown is also encompassed b y Washington Healthcare, Kaiser, and Sutter medical campuses, which collectively employ thousands of skilled workers in the area. Supportive land use regulations and tax revenue - neutral development incentives are in place to spur new investment that will h elp create an exciting new Downtown for Fremont.

Following the City’s investment in Downtown’s street extension and multimodal improvements for Capitol Avenue, the thoroughfare now serves as the district’s envisioned “retail spine,” connecting two major east-west shopping centers along a well-designed, pedestrian-oriented mixed-use corridor. This provides a focal point and community gathering space – a more sustainable, pedestrian-friendly, public realm activated with street-level commercial, retail, and civic uses, and public open spaces to stimulate economic activity and enhance the vibrancy of the district. Capitol Avenue is punctuated by the

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Council Staff Report (ID # 4923) Meeting of June 6, 2023 Updated: 5/31/2023 1:40 PM by Alberto Quintanilla Page 7 Downtown Event Center, which opened in October 2021 and can accommodate events of up to 1,200 attendees. The venue represents Phase 1 of a long-term Civic Center Complex plan.

The Downtown Community Plan and associated environmental and planning documents provide a foundation for development to expand over time from approximately 1.25 million SF of current building floor area to over 5 million SF of multifamily residences, offices, and retail, along with entertainment, open space, and cultural arts organized around the main street, Capitol Avenue. Some elements of the plan have been completed; for example, Locale @ State Street, a public-private partnership between the City, TMG Partners, Sares Regis and SummerHill.

The Locale project includes 157 ownership multifamily housing units, including condos, stacked flats, and row homes, as well as 21,000 square feet of ground floor retail space that will set the tone for a vibrant pedestrian environment. As a bellwether to the Downtown vision, initial leases-up of this first-generation retail space has been strong, with ten of the twelve commercial spaces already leased to locally owned restaurants, shops, and services.

The substantial public investment and City planning efforts for Downtown have become a catalyst for attracting additional private investment as several projects in the immediate area are under construction by a variety of developers, including Fore Properties, MIG Real Estate and Fremont Bank. A 275-unit mixed-use apartment project by Fore Properties was completed in late 2022 and an approximately 250-unit mixed-use project and a new six- story headquarters office for Fremont Bank are under development, with the latter of the two projects punctuating the gateway to Downtown at the corner of Capitol Avenue and Fremont Boulevard.

Bayside Technology Park and Pacific Commons

Fremont’s Bayside Technology Park and Pacific Commons function as the City’s largest employment area, with approximately two-thirds of Fremont’s over 50 million square feet of industrial and R&D space. Major employers include Lam Research, Bloom Energy, Stryker, Bionova Scientific, UPS, Delta Electronics, and Siemens. While employment in Bayside skews heavily to technology and biomedical-related manufacturing, the district also includes the Pacific Commons Shopping Center, a regional retail mega-center spanning 840 acres.

The center ranked at the seventh most visited shopping center in the country in 2022.

Major development activity in the area includes Pacific Commons South (PCS), an approximately 2.5 million SF Class A industrial project, that was recently completed through a joint venture. Nearly two million SF of the project has already been leased, including 800,000 square feet by UPS which is currently building out a state-of-the-art distribution hub. Other tenants include Facebook parent company Meta, biomedical company Cepheid, cleantech manufacturer Bloom Energy, and Amazon. Next door to PCS, Enterprise Holdings is planning a new auto rental center and dealership that will serve to further bolster the City’s Auto Mall sales tax base.

In December 2022, the City approved the Campus at Bayside, a six building, 473,250 SF advanced manufacturing campus on previously undeveloped infill property. The project is expected to break ground in the first half of 2023. Once complete, Campus at Bayside will provide state-of-the-art manufacturing and technology development space at multiple

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Council Staff Report (ID # 4923) Meeting of June 6, 2023 Updated: 5/31/2023 1:40 PM by Alberto Quintanilla Page 8 building footprints, allowing existing Fremont companies to remain and grow within the area.

Ardenwood Technology Park

The Ardenwood Technology Park is located just off Highway 84 and Interstate 880, offering a shorter or reverse commute from most parts of the region compared to other employment hubs in Silicon Valley. The centrality of Ardenwood, along with competitive rents, better proximity to the bulk of the region’s workforce, and its idyllic suburban office park setting make the district a sought-after location for business expansion and relocation for businesses along the San Francisco Peninsula.

Recent business development wins include life science companies Alexza Pharmaceuticals and Personalis, which relocated and expanded their operations from mid-Peninsula cities to move closer to their existing workforce. Most notably, Facebook parent company Meta recently completed its renovations to its sprawling Fremont Ardenwood campus spanning approximately 20 buildings, with the capacity to support the company’s long-term growth in the region.

In anticipation of Ardenwood's growth, the City re-zoned this district in 2016 to allow for greater building heights and development intensification. The rezoning led to re gional developers The Sobrato Organization and Peery-Arrillaga to propose five new office buildings to be able to accommodate marquee technology employers expanding into Ardenwood. In addition, the district has also experienced several life science buildin g conversion projects, including a facility that formerly served as a vocational college campus that is now fully leased by Personalis.

Business Development: Building on the success of Fremont’s industry base is critical to maintaining a diverse tax base that provides resiliency to disruptive events such as the COVID-19 pandemic and helps to alleviate rising costs for City services. Important initiatives and accomplishments related to this effort are outlined below.

Sector Highlights

Fremont’s biomedical industry, its largest industry by number of firms, continues to be an important growth source. The fact that most of Fremont’s biomedical research companies also manufacture products in Fremont is of particular importance given the economic multiplying effects – providing employment at multiple levels of educational attainment and concentrating a robust supply chain in an around Fremont. For example, pharmaceutical manufacturer Boehringer Ingelheim (BI) has invested nearly $1 billion over the past decade to expand its Ardenwood operation and now employs nearly 1,000 people across four facilities. The presence of BI has served as a beacon for customers, suppliers and competitors to locate in Fremont, such as Bionova Scientific, a biopharmaceutical development services company that recently expanded into its third facility in Fremont.

Other recent additions include medical equipment maker Cepheid, device manufacturer Alexza Pharmaceuticals, and personalized cancer genomics company Personalis. Over the last three years, the number of life sciences companies in Fremont has grown from 125 to over 150, providing a resilient source of economic and tax base expansion during and coming out of the pandemic. The importance of this essential business sector cannot be

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Council Staff Report (ID # 4923) Meeting of June 6, 2023 Updated: 5/31/2023 1:40 PM by Alberto Quintanilla Page 9 understated as it diversifies Fremont’s jobs and tax base and is less susceptible to economic impact.

Fremont has also made significant efforts to cultivate a thriving cleantech sector and now has over 50 cleantech companies. Over the years, Fremont city staff have amassed subject matter expertise in understanding the needs of advanced technology industries, including permitting their highly complex operations and providing programmatic oversight for hazardous material management. For battery technology startups, this expertise has proven particularly valuable. As a result, several growth-stage battery technology companies have recently moved to or expanded in Fremont. This includes Amprius, a lithium-ion battery technology company based in Fremont that is currently expanding its manufacturing operations and recently began shipping its first products to customers. In the past twelve months, Fremont has seen the arrival of battery companies Our Next Energy, Leap, and Radisurf and the expansion of companies such as EnerVenue and Gridscape. Collectively, these businesses contribute to Fremont being home to the largest industry cluster of battery companies nationwide.

Fremont’s biomedical and cleantech sectors are lifted by the City’s long-standing leadership in advanced manufacturing. In addition to these sectors, the City has experienced rapid growth in technologies related to network computing equipment such as Synnex, Hyve Solutions, Penguin Computing, ASI, Quanta Computer, and ASA Computer. Fremont is also home to over a half dozen companies working on the development of autonomous vehicles (AVs), including Waymo, Zoox, and Pony.ai.

At the center of Fremont’s advanced manufacturing ecosystem is Tesla. The company has greatly expanded its manufacturing operations at its Fremont factory, which in 2022 became the most productive auto plant in North America by annual vehicle production while also passing the two millionth vehicle mark for total vehicles produced. With over 30,000 employees assigned to Fremont facilities - the vast majority of which engaged in vehicle and battery production - Tesla is far and away the largest manufacturer in the state of California and an economic engine unto itself. The City’s development services team continues to work closely with Tesla as it scales up its vehicle production lines and expands its facilities to accommodate other new products.

While unmatched in size or stature, Tesla is only one of the hundreds of advanced manufacturing companies in Fremont, often referred to as the city’s “manufacturing ecosystem.” This ecosystem is the result of focused efforts by the City to develop and maintain policies that support the industry, including modernized zoning laws that facilitate emerging industries, investments in the permit review process and staff training, and innovative workforce programs that meet businesses where they are.

With a heightened focus on the future of the workforce in advanced manufacturing, the City has increased its own efforts on this topic. This includes the City’s very successful Manufacturing Day program that connects education and industry, exposing students to the prospect of a career in advanced manufacturing. For six years in a row, Fremont has organized this effort, coordinating students and teachers from Mission Valley Regional Occupational Program, Fremont Unified School District, Ohlone College, and the public at - large on tours of manufacturing facilities in Fremont.

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Council Staff Report (ID # 4923) Meeting of June 6, 2023 Updated: 5/31/2023 1:40 PM by Alberto Quintanilla Page 10 Economic Development also engages with Ohlone College through its Smart Manufactur ing Technology program. During the COVID-19 pandemic, the department partnered with the college to launch the highly successful Earn and Learn Fremont program, providing job seekers with paid on-the-job training while also receiving free instruction in advanced manufacturing technologies. Recent participating employers include Tesla, Bloom Energy, and Evolve Manufacturing. In addition, the City has supported Tesla and Ohlone College’s successful rollout of the Manufacturing Development Program (MDP), where students receive ten weeks of paid classroom instruction and are offered full time jobs at Tesla upon completion.

Small Business

Supporting small businesses and commercial districts in the City is some of the most important work of the City’s economic development program. A variety of engagement occurs on an ongoing basis to support this sector, including permit assistance through our Business Ally program, and educational workshops/seminars in collaboration with the Silicon Valley Small Business Development Center, the California and National Main Street Associations, Small Business Majority, and other partners.

In March 2023, the City and Fremont Chamber wrapped up a highly successful inaugural Fremont Restaurant Week. The event included over 40 restaurants across the City, ranging from longstanding community anchors to some of Fremont's hottest and newest establishments. The event served to highlight Fremont’s diverse cultures and culinary offerings while providing critical support to restaurants during what is typically a slower time for their businesses. The majority of participating restaurants shared that they had attracted new customers, increased revenue, and widened their brand awareness.

In September 2022, the City partnered with the Better Block Foundation to host a two-day block party in an underutilized area of the Mission San Jose district. The effort included signing on dozens of community volunteers who showed up to paint, build, and bring the community's vision to life on Ellsworth Street. and Washington Boulevard. Their work resulted in the area transforming into a colorful, pedestrian-friendly space for the event.

Local small business Mission Coffee Roasters and the City’s Olive Hyde Art Gallery both participated with live music, and approximately three dozen Fremont-based craft vendors were able to open stalls free of charge. The event stood to show what was possible in the Mission San Jose district and provide a foundation for future events to be held in public spaces.

The COVID-19 pandemic highlighted the critical importance of providing outdoor dining and commercial space, which has led to the City adopting the new Outdoor Commercial Patio Program. This program seeks to build upon the lessons and best practices learned during the height of pandemic restrictions that limited or disallowed indoor commercial activity for extensive periods of time. With this new regulatory framework in place, applicants simply apply for a one-time, low-cost permit. To reduce the cost and time burden on small businesses, outdoor patio permit approvals are tied to the business with no requirements for annual renewal, a major differentiator between Fremont and other communities.

The City also continues to assist businesses with enhanced digital marketing, including through an online gift card marketplace specifically for businesses in Fremont known as Gift Fremont. The marketplace provides incentives to community members to support

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Council Staff Report (ID # 4923) Meeting of June 6, 2023 Updated: 5/31/2023 1:40 PM by Alberto Quintanilla Page 11 participating retailers and provides retailers with enhanced digital marketing. In addition to the City’s initial matching contribution, several corporations also provided matching funds for the program, including Facebook, Seagate, Pacific Commons, and Crossroads Shopping Centers. Other Staff efforts include promoting Small Business Week on City platforms and providing individual marketing assistance to businesses. Accomplishments related to these efforts are detailed in the Economic Development Department budget narrative.

Throughout the COVID-19 State of Emergency and looking forward, Staff have remained engaged in regional economic recovery efforts, and have sought to incorporate new programs and efforts to benefit Fremont’s businesses.

Business and Economic Opportunity Recovery Framework

The Economic Development Department has developed a Business and Economic Recovery Framework comprised of three focus areas: small business support, workforce development, and jobs and tax base recovery. Staff initially shared the Framework with the City Council at a special work session in the spring of 2021 and continue to implement the strategies based on the guiding principles of economic equity and resiliency. The strategies consist of:

1. Supporting Small Business Recovery
o Enhanced communications and engagement with the small business communi ty o Increased technical assistance from the city and partners to small businesses o Continued collaboration with partners
o Evaluation of emergency small business support programs for long term implementation

2. Leveraging Inclusive Workforce Development Opportunities o Focus on employer workforce needs
o Raise awareness of manufacturing jobs among the current and future workforce o Advice on inclusive strategies
o Expand on existing partnerships
o Identify and leverage funding sources

3. Helping to Rebuild a Resilient Tax Base for the City o Continue to advise on the fiscal impact of major development permits and land use change decisions
o Promote key industry sectors through strategic policies, marketing, and streamlined processes
o Establish fees and regulatory processes so they encourage investment o Cultivate and expand external partnerships to further strengthen Fremont’s economy
o Support growth of existing Fremont businesses while assisting new ones who choose to locate in Fremont
o Generate awareness and promote Fremont as a place to invest and do business

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Council Staff Report (ID # 4923) Meeting of June 6, 2023 Updated: 5/31/2023 1:40 PM by Alberto Quintanilla Page 12 As Fremont looks forward, the City will continue to focus on these three strategic priorities to create a more equitable and resilient economic base that supports vibrant commercial districts, economic advancement opportunities for residents, and a strong tax base for delivering City services.

Capital Projects: The City has an ongoing Capital Improvement Program (CIP) that provides investments to improve infrastructure related to the City’s transportation system, parks, and building facilities. Primary funding for these investments comes from development impact fees, as well as through grants from federal, State, and regional sources, as well as from ongoing and one-time transfers from the General Fund.

In the recent past, significant projects completed included the Downtown Event Center, the Age-Well Center at South Fremont, and the West Access Bridge and Plaza at the Warm Springs BART Station. The new Dusterberry Neighborhood Park is under construction and is planned to open in Summer 2023.

Looking ahead, the City’s proposed five-year CIP (FY 2023/24 through FY 2027/28) includes projects and programs valued at $295 million. The highlights of the proposed CIP are as follows.
• General Fund Special Projects. Based on City Council actions to transfer one-time General Fund revenues to the CIP, valued at $58 million, the proposed CIP includes investment for various urgent priorities which include: a new Central Park Community Center to replace the aging Fremont Community Center and Teen Center; replacement of old restrooms in City parks; replacing outdated HVAC (heating, ventilation, and air conditioning) systems at City buildings; addressing deferred maintenance at City Hall buildings; and providing charging infrastructure to support replacing City fleet vehicles with electric vehicles. • Capital Maintenance. Preservation and maintenance of existing City assets is a primary focus of the CIP. The highest level of funding in Capital Maintenance is allocated to ongoing annual projects to repave City streets, repair sidewalks, curbs and gutters in the worst condition, and build ADA curb ramps. This also includes maintenance and capital replacement funding for parks, landscaped median islands, and buildings, as well as a 50/50 grant program to assist residents with sidewalk repairs and street tree replacements.
• Transportation. The Transportation CIP includes investments for traffic operations and signal system improvement, bicycle and pedestrian facilities, and major projects.

All of the projects are implemented in a manner consistent with the City’s policies related to safety (Vision Zero), complete streets, and the Mobility Action Plan, including improvements to overall traffic flow.
o Investments in traffic operations and signal projects includes annual expenditures to maintain existing traffic signals, modernize equipment for more efficient operations, construct new traffic signals at priority locations to improve safety, and to respond to community interests/concerns related to traffic operations. A notable grant-funded project nearing completion is the “Fremont Boulevard Safe and Smart Corridor” project ($9 million) which will modernize 38 traffic signals.

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Council Staff Report (ID # 4923) Meeting of June 6, 2023 Updated: 5/31/2023 1:40 PM by Alberto Quintanilla Page 13 o The City receives dedicated funds from the County Measure BB program and State grants for improvements to bicycle and pedestrian facilities. This program helps deliver priority projects identified in the City’s Bicycle and Pedestrian Master Plan, Vision Zero program, and Safe Routes to Schools program. Typical projects include the construction of flashing beacons at pedestrian crossing of major streets and protected bikeways. These projects are design to improve safety and promote more “walking and rolling,” also known as “active transportation,” by community members of all ages and abilities. o A significant element of the City’s Transportation CIP is oriented toward major and regional projects. This includes the City’s support for upgrading the State Route 262 corridor and developing the new Irvington BART Station; projects led by Alameda CTC and BART respectively. Additionally, the City is leading the planning and design for modernizing freeway interchanges at 680/Mission and 880/Decoto, as well as developing new bridges for bicycling and walking across freeways at 680/Sabercat Trail and 880/Innovation District. Other “major projects” include three new regional trails: Dumbarton to Quarry Lakes, East Bay Greenway, and Niles Canyon Trail.
• Parks and Recreation. The Parks CIP includes investments to implement the new Parks and Recreation Master Plan approved by the City Council in March 2022.

Significant themes in both the adopted and proposed CIP include the following:
o Major Park Improvements – Ongoing major park projects including California Nursery Historical Park, Centerville Community Park, Palm Avenue Community Park, and Rix Neighborhood Park, in addition to the Dusterberry Neighborhood Park currently under construction.
o Upgrades throughout Park System – Upgrades to play areas are being installed at Marshall, Booster, Buena Vista, Azevada, Northgate, Los Cerritos, Centerville, and Northgate Parks; new dog parks are proposed at Patterson Ranch and Vallejo Mills; and new pickle ball courts are planned at Vallejo Mills and Pacific Commons.
o Trail and Pedestrian Improvements throughout Park System – New and expanded trails are proposed at Buena Vista and Sylvester Harvey Parks, and four new trails at Central Park. This CIP also includes funding to negotiate, assess feasibility, and design bicycle and pedestrian paths on San Francisco Public Utility Commission/Hetch Hetchy easements to link City parks and neighborhoods.
o New Outdoor Closed Roof Community Spaces – New outdoor gathering and community spaces are proposed for Old Mission San Jose Community Park and Northgate Community Park.

Legislative Advocacy: The City continues to be proactive with its legislative advocacy efforts and has forged ahead with building partnerships at the federal, State, and regional levels to ensure the interests and concerns of Fremont and the region are preserved. Earlier this spring, the City Council reviewed and approved Fremont’s 2023 Legislative Guiding Principles and Priorities – which serves as a foundation for pursuing major initiatives and funding opportunities. Adopting legislative guidelines and priorities enables City staff and

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Council Staff Report (ID # 4923) Meeting of June 6, 2023 Updated: 5/31/2023 1:40 PM by Alberto Quintanilla Page 14 lobbyists to actively advocate for, influence, and monitor State and federal legislation that best represents Fremont’s interests.

At its Annual Retreat held in February of 2023, the Fremont City Council once again confirmed financial health and sustainability as the City’s foundational principle.

Additionally, the City Council renewed consensus on three top priority areas for the coming year. The priority areas include:
• Continue to address homelessness; Work with non-profit organizations to establish practical locations for safe overnight host parking sites, expand utilization of the Housing Navigation Center now that pandemic conditions allow, mitigate negative impacts on neighborhoods, support affordable housing projects that include units for the homeless and those at the highest risk of becoming homeless, and expand enforcement combined with abatement in targeted areas. • Foster the viability of commercial corridors; Prioritize efforts to support neighborhood commercial vibrancy and health, continue to support downtown vibrancy including the exploration of establishing a Business Improvement District, support and provide technical assistance to small businesses, resume in-person neighborhood business district walks, identify opportunities for placemaking and re- establish the shop local campaign.
• Focus on public safety; Prioritize crime prevention, increase visibility, incorporate mental health strategies, address police staffing, work with County fire and EMS partners on emergency medical transportation issues, and provide tools, technology, and resources to be responsive and efficient.

A record number of bills were introduced earlier this year by State lawmakers for consideration in the 2023/24 California legislative cycle. Key issues the City will be keeping an eye on this session include the State’s budget, housing and homelessness, environment and climate change, health care, drugs (fentanyl crisis), and public safety. Staff’s work plan includes the process of reviewing and monitoring dozens of bills, advocating for legislation and regulations that affect our community, partnering with local jurisdictions, and seeking funding opportunities that supports these priorities, as well as other Council adopted policies and plans including but not limited to the City’s General Plan and Housing Element, Climate Action Plan, Mobility Action Plan, and the Parks and Recreation Master Plan.

Fremont is fortunate to work with lobbyist representatives who continue to be instrumental in helping the City to be aware of funding opportunities and service programs at the State and federal level. In 2022, the City was successful in securing funding opportunities for key priority projects: (1) Under the Congressional reinstated earmark process that provides local governments and nonprofits the opportunity to submit projects under the Community Project Funding process, the City received support from Senator Alex Padilla and Congressman Ro Khanna in the amount of $1.5 million to deploy wi-fi access in several of Fremont’s business districts; (2) Through the 2022-23 California state budget process, with the support of Fremont’s Senator Bob Wieckowski and Assemblymember Alex Lee, the City was awarded $20.5 million to support the Sabercat Trail Extension project, Central Park Multi-Use Center, and the Housing Navigation Center. In March 2023, the City submitted several new Community Project Funding requests through our federal representative offices for consideration.

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Over the next year, staff will continue to work with our legislative advocates at the State and federal level to prioritize and track legislation, while continuously evaluating the legislative climate to identify new areas of legislative concern and funding opportunities, with the overarching goal of improving quality of life and creating an equitable future for all consistent with the City’s vision, goals, and policies

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Council Staff Report (ID # 4923) Meeting of June 6, 2023 Updated: 5/31/2023 1:40 PM by Alberto Quintanilla Page 16 Conclusion

This proposed budget takes advantage of our growing local revenues to not only maintain essential services but also make targeted improvements that focus on City Council and community priorities. Additionally, the service level enhancements included in the proposed budget are consistent with the City Council’s stated foundational principle of fiscal sustainability.

Our ability to improve on the current level of services and invest in the City’s future will depend on continued revenue growth and sustained fiscal discipline by the City’s collective leadership.

FISCAL IMPACT: The City Council is not being asked to take action tonight on the FY 2023/24 Proposed Operating Budget other than to hold a public hearing and provide comments to staff. A second public hearing and adoption of the budget are scheduled for June 13, 2023.

ENVIRONMENTAL REVIEW: Action on the proposed operating budget is an organizational, fiscal, and administrative governmental activity that will not result in physical changes in the environment. Therefore, it is not a project subject to review under the California Environmental Quality Act (CEQA) pursuant to '"CEQA Guidelines section 15378.

LINK: The FY 2023/24 Proposed Operating Budget is posted on the City’s website at:
https://www.fremont.gov/1593/Financial-Reports.

RECOMMENDATIONS:

1. Hold a public hearing.

2. Provide direction to staff on issues pertaining to the FY 2023/24 Proposed Operating Budget.

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Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Public Projects

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4919) DOC ID: 4919
Updated: 5/31/2023 1:34 PM by Alberto Quintanilla Page 1 CAPITAL IMPROVEMENT PROGRAM - First Public Hearing (Published Notice) on the Proposed FY 2023/24 - 2027/28 Capital Improvement Program and Two-Year Capital Budget
Contact Persons:

Name: Hans Larsen Suzanne Wolf
Title: Public Works Director Community Services Director Div/Dept: Public Works Community Services
Phone: 510-494-4722 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the process to approve an updated five-year Capital Improvement Program (CIP) for fiscal years 2023/24 through 2027/28 and adopt a two-year Capital Budget for fiscal years 2023/24 and 2024/25. A Proposed CIP was presented for public review and comment at the City Council meeting on May 16, 2023. The CIP approval process includes two public hearings, the first public hearing is scheduled for June 6, 2023. The second public hearing is scheduled for June 13, 2023 and includes consideration to adopt the CIP.

BACKGROUND: The scope of the City’s CIP is focused on investments to maintain and improve the City’s infrastructure related to transportation, parks, buildings, and public facilities. On May 16, 2023, staff presented to the City Council the Proposed 5-year CIP, with a full list of projects and expenditures having a total investment value of $296 million.

City Council input on the Proposed CIP was supportive and no changes have been made to the Proposed CIP. The full text of the CIP document and related budget appropriation actions is posted on the City’s website (see weblink provided below).

It is noted that at the May 16th meeting, the City Council and members of the public provided comments regarding considerations for implementing various projects included in the CIP. Among this input included the following:

• For the Central Park Community Center project, provide capacity for large meetings and events (may increase cost estimate and require additional funding). • For the replacement of park restrooms, consider design options supporting facilities for families, gender neutrality, and touchless features for handwashing and access. • For new dog parks, provide adequate parking and fencing. • For the Auto Mall Parkway median landscaping project, consider possible other uses for the wide median area (may increase cost estimate and require additional funding).
• For the Sabercat Trail extension project, include features to maintain a comfortable and scenic experience for all users and manage against high-speed bicycling. • For the update to the Active Transportation Plan, consider developing continuous street corridors and trails for people walking and bicycling, as well as neighborhood traffic calming improvements (on streets like Nicolet Avenue). • For electric vehicle infrastructure improvements, consider products provided by local companies and pursue grant funding opportunities.

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Council Staff Report (ID # 4919) Meeting of June 6, 2023 Updated: 5/31/2023 1:34 PM by Alberto Quintanilla Page 2 • For future capital investment opportunities, consider identifying improvements to support the City’s commercial business districts.

DISCUSSION/ANALYSIS: As presented and discussed at the City Council meeting on May 16, 2023, the following provides a summary of the CIP investment highlights.

General Fund Annual Transfers to the CIP
The proposed CIP continues a $7 million annual transfer (a total of $35 million over five years) of funding from the General Fund for capital maintenance activities that was approved by the City Council in FY 2022-23, increasing a past investment-level of $5 million annually. Also, a supplemental increase of $5.5 million in the annual transfer is proposed (increasing the annual transfer for capital maintenance facilities to $62.5 million over five years) to be allocated as follows:

• $2.5 million to pavement maintenance
• $2.0 million to building maintenance
• $0.9 million to capital replacement for parks
• $0.1 million to street tree 50/50 program

General Fund One-Time Transfers to the CIP
The most significant change in the Proposed CIP is the allocation of new one-time funding transferred from the General Fund to the CIP in the amount of $58 million based on past Council actions, and a new $2.1 million fund transfer. In summary, the use of these allocations is as follows:

• $21 million for the Central Park Multi-Service Community Center project as a City General Fund contribution to an overall $58 million project. Other secured and proposed funding sources include: $8 million from a State grant; $1 million from previously adopted CIP funds; $5 million from Parks CIP; and $23 million in proposed future revenue from grants and private contributions.

• $15 million to replace 21 old restroom buildings in City parks.

• $8 million to replace old and outdated heating ventilation and air conditioning (HVAC) systems in 11 City buildings with modern environmentally sustainable equipment.

• $5 million to provide electric vehicle charging infrastructure for City fleet vehicles to support City’s climate action policies and comply with State mandates for transitioning to zero emission vehicles.

• $5 million to rehabilitate and replace aging building systems at City Hall include the roof, fire alarms, and HVAC.

• $1.7 million for new Fire Alerting System to align with new County standards for emergency communications.

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Council Staff Report (ID # 4919) Meeting of June 6, 2023 Updated: 5/31/2023 1:34 PM by Alberto Quintanilla Page 3 • $1.65 million for a new Vehicle Evidence and Storage Building at the Police Center to meet standards for securing evidence from vehicle involved in crime investigations or traffic crashes. This closes a construction funding gap for a project previously approved by the City Council.

• $826,000 for the Central Park Synthetic Turf Replacement project to replace the aging turf at the dog park.

• $506,000 for Central Park Sports Lighting Transformer Replacement Project to replace aging infrastructure.

• $2.1 million as a new fund transfer to the existing Water Conservation and Median Upgrades program as a contribution for an overall $5.1 million project to landscape the median islands along Auto Mall Parkway. A request for a $3 million federal grant is current under consideration for this project.

Transportation Investment Highlights
The proposed Transportation CIP includes projects (totaling $112 million) focused in the areas of: pavement and sidewalk maintenance; traffic operations and signal system improvement; bicycle and pedestrian facilities; and major projects. All of the projects are implemented in a manner consistent with the City’s policies related to traffic safety (Vision Zero), complete streets (providing mobility equity for all travel modes, ages and abilities), and improving traffic flow. Provided below is a summary of proposed investments, funding levels and new projects:

• Basic Maintenance Projects – The highest level of funding in the Transportation CIP is allocated to ongoing annual projects to: repave City streets; repair sidewalks, curbs, and gutters in the worst condition; and build ADA curb ramps. The overall funding amount for “basic maintenance” is $74 million. In the next two years, work will be completed on a multi-year program to repair sidewalks in a severely damaged condition, where the sidewalk deflection exceeded 4 inches.

• Traffic Operations and Signal Projects – The proposed investments in traffic operations and signal projects include annual expenditures to maintain existing traffic signals (195 signals); maintain or expand fiber optic communication network within the roadway; modernize equipment for more efficient operations; construct new traffic signals at priority locations to improve safety and operation; and to respond to community interests and concerns related traffic operations. The overall funding amount for “traffic operations and signal projects” is approximately $20 million. Key traffic operation projects included in this CIP budget cycle include the development of reliable signal coordination timing along key north-south and east- west regional corridors (e.g., Paseo Padre Parkway, Fremont Boulevard, Decoto Road, Mowry Avenue, Stevenson Boulevard, Warm Springs Boulevard, Osgood Road, Auto Mall Parkway, Thornton Avenue, and Grimmer Boulevard) to manage traffic speeds and minimize the amount of red lights experienced by motorists, as well as the design and construction of a new Traffic Management Center at the City’s Development Center office to allow for enhanced monitoring and management of signal operations.

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Council Staff Report (ID # 4919) Meeting of June 6, 2023 Updated: 5/31/2023 1:34 PM by Alberto Quintanilla Page 4 • Bike/Pedestrian Projects – The City receives dedicated funds from the County Measure BB program and State grants for improvements and expansion to the City’s bicycle and pedestrian facilities as identified in the City’s Bicycle and Pedestrian Master Plan, Vision Zero program, and Safe Routes to Schools program. The overall funding amount for the “bike/ped projects” is approximately $11 million. It is noted that other Transportation CIP programs and projects (e.g., complete street roadway projects) may also include bicycle and pedestrian facility elements that are in addition to these bike/ped projects.

• Major Projects – A portion of the City’s Transportation CIP is oriented toward major and regional projects. This includes the City’s support for upgrading the State Route 262 corridor and developing the new Irvington BART Station, projects led by Alameda CTC and BART respectively. Additionally, the City is leading the planning and design for modernizing freeway interchanges at 680/Mission and 880/Decoto, as well as developing new bridges for bicycling and walking over freeways at 680/Sabercat Trail and 880/Innovation District. Other “major projects” include three new regional trails: Dumbarton to Quarry Lakes, East Bay Greenway, and Niles Canyon Trail, and a complete street corridor project along Decoto Road. Work is also ongoing for the “Centerville Railroad Quiet Zone Corridor Project”. The overall amount of new funding for “major projects” in the proposed CIP is $6 million.

Notable grant-funded projects included in the prior CIP is the Centerville Complete Streets Project, which is planned to be bid out for construction in Fall 2023.

Park Investment Highlights
The proposed Parks CIP includes project allocations (totaling approximately $20.9 million) focused in the areas of: continued funding for existing major projects underway; upgrades to play areas; expansion of trail and pedestrian facilities; and new pickleball court and dog park facilities. Projects are consistent with the previously adopted Parks and Recreation Master Plan adopted in March of 2022. The Recreation Commission considered proposed projects in three meetings during October and November of 2022, and January 2023.

During the Commission’s review, they considered projects consistent with the Parks and Recreation Master Plan.

This year the Recreation Commission addressed significant revenue shortfalls in the Parks Development Impact Fee program along with high inflationary pressures in the construction industry and throughout the economy. The primary focus is to address a shortfall of approximately $8 million in Park Impact Fee revenues, address shortfalls in existing project budgets due to construction cost inflation, and to address community demand for pickleball courts and dog parks. Several projects, such as Central Park Loop Trail/Parking Lot and Pacific Commons Sports Park (phase two), are scheduled for delay in order to address the $8 million shortfall, but previously approved projects and priorities have not been eliminated.

On January 18, 2023, the Recreation Commission voted unanimously to forward the following proposed Parks CIP to the City Council for consideration. Significant themes in the proposed CIP include the following:

• Major Park Improvements – Much of this year’s capital investment is for continued support for on-going major park projects including: Centerville Community Park,

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Council Staff Report (ID # 4919) Meeting of June 6, 2023 Updated: 5/31/2023 1:34 PM by Alberto Quintanilla Page 5 Palm Avenue Community Park, and Rix Neighborhood Park Expansion. Proposed allocations in this CIP will complete funding for these projects.

• Investments in Pickleball Courts and Dog Parks – New pickleball courts and a dog park are proposed at Vallejo Mills Historic Park to address strong community demand for these facilities. In addition to Vallejo Mills, a new dog park is proposed for the park property at Ardenwood Blvd. and Paseo Padre Parkway and a large pickleball complex is planned for the first phase of Pacific Commons Sports Park.

• New Central Park Community Center – A significant contribution from Park Impact Fees is proposed for exterior improvements associated with the Community Center.

General Government / Public Facilities Investment Highlights The proposed General Government / Public Facilities CIP allocations total $39.6 million. The largest amount of $23 million is programmed to collect contributions and grants in support of the new Central Park Community Center. Approximately $18 million is being accumulated from Development Impact Fees collected for new or expanded infrastructure to support City growth with funding to be used for Fire Department and Capital facilities. Of this $18 million, $5 million is allocated to pay debt on public facilities completed in the past, $10 million is programmed to support the development agreement for the Age Well Center in South Fremont, and $343K is allocated to purchase fire equipment and uniforms. The remaining amount is not being budgeted at this time until sufficient funds are accumulated.

Department internal funds support the development permitting system in an amount of $1.3 million.

General Plan Conformity Findings
In compliance with state law, the proposed CIP has been reviewed by the Community Development Department and found to conform with the City’s General Plan.

FISCAL IMPACT: The proposed Capital Improvement Program for FY 2023/24 – 2027/28 programs approximately $296 million in projects over the five-year life of the plan.

Approximately $122 million will be appropriated in FY 2023/24 – 2024/25. Adoption of the CIP, at the second public hearing, will appropriate and allocate funds for Fiscal Years 2023/24 - 2027/28.

ENVIRONMENTAL REVIEW: The adoption of this five-year CIP itself is not a project as defined by the California Environmental Quality Act (CEQA) and environmental review is not required for its adoption. The CIP is a planning tool used to identify future capital projects, anticipated time for implementation and funding sources.

ATTACHMENTS: None.

WEBLINK: The FY 2023/24-2027/28 Proposed Capital Improvement Budget is posted on the City’s website at http://www.fremont.gov/government/departments/finance/financial- reports

RECOMMENDATIONS:

1. Hold a public hearing.

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2. Receive information and consider all capital improvement projects proposed for the Five-Year FY 2023/24-2027/28 CIP.

3. Provide direction as needed on the FY 2023/24-2027/28 Proposed CIP, for consideration on June 13, 2023.

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Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Manager's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4891) DOC ID: 4891
Updated: 6/1/2023 2:39 PM by Susan Gauthier Page 1

ADOPTION OF LEGISLATIVE FRAMEWORK AND SUPPORT OF ASSEMBLY BILL 1657- Consideration and Adoption of the Legislative Framework and Authorize Mayor Mei to Transmit a Letter in Support of AB 1657 (The Affordable Housing Bond Act of 2024) to Assembly Member Buffy Wicks
Contact Persons:

Name: Geneva Bosques Amanda Gallo
Title: Director of Communications and
Legislative Affairs
Management Analyst II
Div/Dept: City Manager's Office City Manager's Office
Phone: 510-284-4094 510-284-4016
E-Mail: [email protected] [email protected]

Executive Summary: The Legislative Framework outlines the City's priorities and principles for organizing the City's legislative interests at the Federal, State, and local level. The framework serves as a guiding document for staff to follow when responding to legislative areas of interest. Staff recommends Council adopt the Legislative Framework as the City's official legislative position until modified, and authorize the City Manager to implement the City's legislative work plan. Additionally, staff recommends Council consider authorizing Mayor Mei to transmit a letter on behalf of the City of Fremont in support for AB 1657 which would place a $10 billion dollar bond measure on the 2024 ballot to spur the production of affordable and supportive housing.

BACKGROUND: Since 2001, the City Council has formally adopted Legislative Guiding Principles and Priorities to guide the City's legislative advocacy efforts and related activities.

This updated proposed Legislative Framework document identifies the core policy, plans and advocacy positions (principles) which guide the City's priorities and forms the foundation of the City's efforts to work with local, regional, State and federal partners on issues of concern and interests to the City. Staff will return to the City Council with recommended modifications should the framework become outdated or require modifications.

The City of Fremont is a Cities, National League of Cities, United States Conference of Mayors, Association of member of many legislative and government entity advocacy groups, including but not limited to: League of California Bay Area Governments, California Fire Chiefs Association, California Park and Recreation Society, California Police Chiefs Association, and Joint Venture Silicon Valley. These organizations advocate on behalf of cities at the regional, state, and federal levels. In addition, the City of Fremont maintains professional contracts with Holland and Knight (Washington D.C.) and Townsend Public Affairs (Sacramento) to assist with direct legislative advocacy.

City staff regularly monitors and analyzes proposed legislation and its potential impacts to City services and operations. As an initial step to provide Fremont's input on legislation that may have an impact to City operations, staff attempts to work with local representatives to provide feedback and occasionally introduce or propose alternative solutions. Staff may also conduct limited advocacy through position letters, proposed amendments, or fo rmal comments at hearings should issues arise that could significantly impact core City services,

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operations or that help to advance the City Council's established priorities. As directed by Council, staff prioritizes efforts that clearly align with established policies and adopted plans.

Adopting a legislative framework guides and enables City staff and lobbyist efforts to actively advocate, influence, and monitor State and federal legislation that best represent Fremont's interests and minimizes the need for staff to request City Council direction on legislative issues as they arise. Following Council adoption, the City Manager and/or her designee shall implement the City's legislative framework. Annually, the City Manager shall review the resources and requirements of this program and recommend resources as necessary.

Pending legislation or regulatory issues that do not clearly fall within the adopted City legislative framework, or when there is disagreement in interpretation, will be brought back for Council consideration and action, on a case by case basis. Any statewide ballot measures the City Council would like to consider taking a position on would also be brought to Council for consideration.

DISCUSSION/ANALYSIS: The Legislative Framework prioritizes the City's legislative interests at the federal, state, and regional levels. At the City Council Retreat, held in February 2023, the Council reaffirmed three top priority policy areas for the City in calendar year 2023. Those priority areas include: 1) Continue to address homelessness in Fremont; 2) Focus on public safety; and 3) Foster the vitality of commercial corridors. Staff will prioritize tracking legislation supporting Council priorities, as well as other Council adopted policies and plans including, but not limited to, the City's General Plan, Climate Action Plan, Fremont's Mobility Action Plan, the Parks and Recreation Master Plan, etc.

In addition to the stated foundational priorities, policies and plans, staff is proposing to also focus City advocacy efforts on the following key legislative principles, which are considered core to City services:
• Fremont's Quality of Life;
• Protect Local Control;
• Keep Fremont Safe;
• Ensure Competitiveness through Strategic Economic Development • Diversity, Equity and Inclusion
• Promote Investment in Transportation, and Infrastructure Maintenance and Rehabilitation:
• Prevent, Reduce and Eliminate Homelessness:
• Pursue Efforts to Create New Financing Tools to Support, Build and Preserve Affordable Housing;
• Promote the "Strategically Urban" Vision of the General Plan; • Advance Climate Action, Adaptation, and Resiliency;
• Improve Federal, State, Regional, County, and Local Coordination and Planning to Strengthen Community Disaster Preparedness, Response, Recovery, and Resilience; • Strengthen Youth Programs, Services and Activities
• Smart City Initiatives

In the proposed Framework, each of these legislative principles includes a broad policy statement that articulates the City's major area of interest. As an update from last year’s document, the principles of Fremont's Quality of life, Smart City Initiatives, and Youth Advocacy have been added and the principle regarding Covid-19 was removed. With the

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overarching goal of improving quality of life and creating an equitable future for all residents of Fremont, staff continuously evaluates the legislative climate to identify new areas of legislative interest or concern and all attempts are made to avoid duplicating adopted policy.

2022 Legislative Session Highlights:

• Secured substantive amendments on key bills and submitted 11 position letters • Improved partnerships with representative offices
• Improved internal process with departments and improved communication • Funding Awards:
o State of California: Awarded $12M for the Sabercat Bridge/Trail/Museum project (Sen. Wieckowski & Asm. Alex Lee), $8M for the Central Park Multi-Use Center (Asm. Alex Lee) and $500,000 for the Housing Navigation Center (Asm. Alex Lee) o Federal: Awarded $1.5M for the commercial district Wi-Fi access project (Sen. Alex Padilla and Rep. Ro Khanna) and Fremont will be the recipient of East Bay Community Energy's project to develop microgrids at critical facilities

California’s two-year (2023-2024) legislative cycle began earlier this year with a record number of bills being introduced by State lawmakers. Key issues the City will be monitoring during this session include the State's budget, housing and homelessness, environment and climate change, health care, drugs (fentanyl crisis), and public safety. The City has also submitted several State and Federal funding requests for unfunded projects. Staff was recently notified that several of the City's project funding requests were selected by representatives to move to the next step of the process. Final approval is not likely until the end of 2023 or early 2024.

• State of California: $3M to support the Central Park Multi-Use Center (Asm. Alex Lee)

• Federal:
o $3M for the Automall Pkwy median project (Rep. Ro Khanna) o $1M for the Police Community Camera Program (Rep. Eric Swalwell) o $3M for the Central Park Multi-Use Center (Rep. Eric Swalwell)

Once adopted, under the direction of the City Manager, administration of the Legislative Framework will be managed by the Director of Communications and Legislative Affair s. The program administration and work plan are detailed in the Legislative Framework document.

Consideration of Support for AB 1657 (Wicks) The Affordable Housing Bond Act of 2024 Staff recommends as part of this item, that Council consider authorizing Mayor Mei to transmit a letter of support for AB 1657 which, if approved, would place a $10 billion bond measure on the March 2024 ballot to spur the production of affordable and supportive housing. In response to the proposed $712.5 million in cuts to programs and services to increase affordable housing and reduce homeless outlined in the Governor’s 2023 -24 May Revision to the State Budget, the League of California Cities is urging cities to sign on and support this legislation. Action on this bill is timely, as it has made it to the second house and is eligible to be heard in Senate policy committees beginning this week.

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The major provisions of the bond include funding $5.25 billion to the Multifamiliy Housing Program (MHP), $1.75 billion to supportive housing administration through the MHP, $1.5 billion for programs to preserve or rehabilitate existing subsidized or unsubsidized rental housing, $1 billion to the CalHOME program and the My Home down payment assistance program, $500 million to the Joe Serna, Jr. Farmworker Housing program and a dedicated program for tribes to finance housing. Additionally, the bill authorizes the Legislature to amend any law related to programs which have been allocated funds by the bond to further improve the efficacy and effectiveness of those programs and to reallocate funds authorized by the bond to effectively promote affordable housing in the state.

The proposed legislation is directly aligned with Council’s priority to address homelessness and due to the legislation potentially resulting in a statewide ballot measure, requires Council authorization.

Staff will continue to consult with legislative advocacy groups and governmental entities to stay abreast of high priority issues and provide updates and/or amendments as needed for Council review and direction.

FISCAL IMPACT: None.

LINKS:

League of California Cities - https://www.calcities.org/

AB 1657 (Wicks) The Affordable Housing Bond Act of 2024 - https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1657

ATTACHMENTS:
• City of Fremont Legislative Framework
• AB 1657 (Wicks) The Affordable Housing Bond Act of 2024 Support Letter

RECOMMENDATIONS: By motion:

1. Adopt the Legislative Framework.

2. Authorize the City Manager to implement the City's legislative work plan.

3. Authorize the City Manager, Mayor, or designee to transmit documents that are consistent with these guiding principles and priorities.

4. Authorize Mayor Mei to transmit a letter of support on behalf of the City of Fremont in support of AB 1657 to Assemblymember Buffy Wicks (14th District), Chair of the Assembly Committee on Housing and Community Development.

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LEGISLATIVE

FRAMEWORK

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Attachment: City of Fremont Legislative Framework (4891 : ADOPTION OF LEGISLATIVE FRAMEWORK AND SUPPORT OF ASSEMBLY BILL Legislative Affairs Program Overview
The Legislative Framework outlines the City’s priorities and principles for the City’s legislative interests at the federal, State, and regional levels. This framework informs staff and the Fremont community about the goals that guide the City of Fremont in its legislative strategy.

In alignment with the two-year California State Legislature Legislative cycle, the City develops legislative advocacy positions to support policies in accordance with the established Fremont City Council adopted priorities. Staff uses the guiding Legislative Framework, to develop a work plan that includes researching, monitoring, and advocating for legislation and/or funding to help advance the City’s vision, goals, and policies.

Once adopted by the City Council, the Legislative Framework, will remain in effect until amended. If the Council would like to consider taking action on a statewide ballot measure or legislative issue that does not clearly fall within the adopted City Legislative Framework, staff will bring that to Council for consideration and formal adoption on a case by case basis.

Fremont City Council Priorities
Annually the Fremont City Council adopts priorities that guide City staff’s work plan throughout the calendar year. The Council’s adopted priorities serve as the foundation of the City’s legislative framework and are also used to guide staff’s limited time and resources to review and prioritize legislation review and funding opportunities.

Existing Policies and Plans
Adopted policies and plans also inform the City’s legislative advocacy efforts. The following documents may be found on the City’s website at www.fremont.gov or by accessing the links below.

City of Fremont General Plan
City of Fremont Climate Action Plan
City of Fremont Age-Friendly Action Plan
City of Fremont Mobility Plan
City of Fremont Parks & Recreation Master Plan
City of Fremont Trails Strategy Plan
City of Fremont Business and Economic Recovery Framework City of Fremont Local Hazard Mitigation Plan
Fremont Housing Element
City of Fremont Fiber Optic Master Plan

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Attachment: City of Fremont Legislative Framework (4891 : ADOPTION OF LEGISLATIVE FRAMEWORK AND SUPPORT OF ASSEMBLY BILL

1 Established Legislative Advocacy Positions
There are a number of principles considered to be in direct support of basis or core City services. To underscore issues and focus advocacy resources, the City’s Annual Legislative Advocacy Positions are as follows:

Quality of Life The City supports legislation and policies that provide opportunities to protect and enhance our residents’ quality of life through active living, a healthy lifestyle and diverse recreational services.

Protect Local Control The City values its ability and authority to exercise local control and fiscal sustainability, enable excellent public services and protect and enhance the quality of life for Fremont residents and businesses, and supports efforts to streamline regulations that simplify the job of running the City and opposes efforts that erode the City’s ability to control its own affairs.

Keep Fremont Safe The City supports legislation and policies that enable local officials to access expanded resources to provide quality police, fire, emergency management, mental health, emergency medical services, traffic safety, youth violence, crime prevention and education, crime mitigation and delinquency prevention efforts for Fremont community members.

Ensure Competitiveness Through Strategic Economic Development The City embraces efforts to obtain funding for economic development, including planning and implementation of regional transportation; economic stimulus programs; workforce development and education initiatives; small business entrepreneurship training and assistance; and new business attraction and growth. Advocate for equal access to state and federal funding opportunities, including grant eligibility criteria for cities.

Diversity, Equity, and Inclusion The City supports legislation and efforts that assist publicly funded government institutions to create organizational policies and procedures that incorporate the concepts of “diversity, equity and inclusion” in daily operations including hiring and employment practices, labor negotiations, racial equity, contracting opportunities, public engagement, education and methods of service delivery to all residents and visitors.

Promote Investment in Transportation, and Infrastructure Maintenance and Rehabilitation The City supports legislation and policies that promote investing in the maintenance and rehabilitation of aging infrastructure and building new system capacity to support smart growth principles and safety improvements.

Prevent, Reduce and Eliminate Homelessness The City recognizes and values the importance of all community members having stable housing, access to jobs, the ability to earn a livable and sustainable wage, and access to essential services. The City supports efforts and legislation that seeks to alleviate the State’s large homelessness problem via funding and programmatic assistance (including expanded mental health and SUD resources) to cities and counties.

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2 Pursue efforts to create new financing tools to support, build, and preserve affordable housing The City remains firmly committed to the production of high quality, affordable housing for a range of income levels and target populations such as families, seniors, homeless, and those with special needs.

Promote the “strategically urban” vision of the General Plan The City supports policies that promote a strategically urban mix of land uses and urban form in transit-rich areas.

Advance climate action, adaptation, and resiliency The City is committed to being a climate- ready community that works to eliminate greenhouse gas emissions; expand clean energy policies; improve community adaptation and resiliency to climate change; improve environmental standards and the regulatory process; improve water conversation and support State and Federal incentives and financial support for preservation of natural resources.

Improve Federal, State, regional, County, and local coordination and planning to strengthen community disaster preparedness, response, recovery, and resilience The City supports legislation and policies that provide resources and support to reduce community risks and increase capabilities to manage major emergencies when they occur. Significant community risks include catastrophic earthquake, climate-related emergencies (sea level rise, catastrophic wildfires, and flooding), and other human-caused and naturally occurring threats and hazards.

Strengthen Youth Programs, Services and Activities The City supports legislation and policies that furthers the City’s commitment to nurturing a safe, supportive community that is responsible to the full range of needs of all children, youth and their families.

Smart City Initiatives: The City supports legislation and policies that allow the City to continue to develop a cohesive smart city agenda, including areas of City operations, public safety, sustainability, and community engagement to ultimately improve Fremont’s resilience and quality of life.

Legislative Program Administration:

Under the direction of the City Manager, the Director of Communications and Legislative Affairs will have oversight over the City’s legislative platform and administer day to day legislative matters. Legislative Affairs staff also work with City departments to analyze legislative initiatives to determine the impact on the City. The main functions of the Legislative Affairs Program are listed below:

1. Legislative requests: All legislative requests for review, support or opposition will be directed to the City Manager’s Office. Requests can be brought to the attention of the City through a variety of channels:
• State and Federal Legislative Advocates
• Fremont City Council Members
• City of Fremont Staff
• City Residents and Businesses
• Elected Representatives

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3 • League of California Cities
• Other Governmental Associations

2. Assessment and research: City staff will review legislative requests in coordination with any relevant departments, lobbyists and legislative representatives such as League of California Cities, to analyze whether the legislation aligns with the City’s adopted policies, priorities and positions. If the legislation is found to be in alignment, City staff will monitor and track the legislation, providing updates when necessary. Concurrent with this evaluation, staff will on a limited basis, draft a position letter and take the appropriate course of action when the proposed legislation could have a significant impact on City services and/or operations.

3. Advocacy: Staff will utilize legislative advocates to occasionally advocate in support, support with changes, or in opposition to legislation in strict conformance with Council priorities and the guiding principles: City Legislative Affairs staff will notify lobbyists of the City’s position and direct them to take appropriate action with legislators. The City reserves the right to remain neutral on a given piece of legislation.

4. Draft of sponsor legislation: City staff and legislative advocates will work with the City’s legislative representatives to articulate the City’s stance on a policy and to ensure said stance is codified in statute.

5. City correspondence with relevant legislators: City staff will draft position letters for the City Manager and/or Mayor to review and sign. This letter will be distributed to the appropriate legislators and posted on the City’s website.

6. Council approved resolution: If a legislative proposal, regulation, or ballot measure arises that is not addressed by the adopted Legislative Framework and it is determined that it may impact the City, City staff will draft a staff report and resolution for consideration by the full City Council. Approved resolutions will be forwarded along with a letter signed by the Mayor to the appropriate legislators.

7. Council outreach: A copy of all legislative letters and regular program updates will be distributed routinely to the City Council.

Legislative Program Work Plan

1. Seek federal, state, regional and county funding assistance for City projects, services, and programs.
a. Identify City projects for potential submittal for federal, state or regional funding consideration.
b. Provide information to City departments on potential grant funding opportunities.

2. Advocate and request letters of support for City initiatives and grant applications.

3. Inform and provide information to our legislators, City Council and staff on the legislative process and monitor key issues and legislation that could have a potential impact on the City.

4. Promote the City’s legislative interests at the federal, state, regional, and county levels.

5. Serve as an active partner and participant with other local governments, Fremont Unified School District, the League of California Cities, regional agencies, and local

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4 professional organizations on legislative/regulatory issues that are important to the City and our region.

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Office of the Mayor
3300 Capitol Avenue, Building A | P.O. Box 5006, Fremont, CA 94537-5006 510 284-4011 ph | 510 284-4001 fax | www.fremont.gov June 1, 2023

The Honorable Buffy Wicks
Chair, Assembly Committee on Housing and Community Development 1021 O Street, Room 4240
Sacramento, CA 95814

RE: AB 1657 (Wicks) The Affordable Housing Bond Act of 2024.

Notice of Support (As of 04/17/23)

Dear Assemblymember Wicks,

The City of Fremont is pleased to support your AB 1657, which would place a $10 billion bond measure on the March 2024 ballot to spur the production of affordable and supportive housing.

Housing affordability and homelessness are among the most critical issues facing Californians today. City officials intimately understand these crises firsthand. Local leaders are working to find creative solutions so homes of all income levels can be built. That is why cities are calling on the Legislature and the Governor to provide ongoing funding to help cities prevent and reduce homelessness and spur housing development.

AB 1657 would provide targeted and significant funding to support community-based solutions that get our residents off the streets and keep them in their homes. A recent statewide survey by Cal Cities underscores the need for funding. The results show that cities believe limited supportive housing options and lack of ongoing funding are the top two barriers to preventing and reducing homelessness.

The investments proposed in AB 1657 would come at a critical time as the last round of funding for the state’s flagship multi-family affordable housing program, the Multifamily Housing Program, was oversubscribed ten to one. Affordable housing projects are ready to go if funding is available.

The City of Fremont believes that now is the time to invest in affordable housing. With the slowing economy, stubbornly high inflation, and the heightened threat of an economic recession, we know that our residents, now more than ever, are at risk of housing instability, losing their homes altogether, and falling into homelessness.

For these reasons, the City of Fremont supports AB 1657.

Sincerely,

Lily Mei
Mayor, City of Fremont

cc: The Honorable Buffy Wicks
Senator Aisha Wahab & Assemblymember Alex Lee
Sam Caygill, East Bay Division, [email protected]
League of California Cities, [email protected]

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Attachment: AB 1657 (Wicks) The Affordable Housing Bond Act of 2024 Support Letter (4891 : ADOPTION OF LEGISLATIVE FRAMEWORK AND Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4915) DOC ID: 4915
Updated: 5/9/2023 1:30 PM by Susan Gauthier Page 1
MAYOR MEI REFERRAL: Appointment to Advisory Body
Contact Persons:

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

MAYOR MEI REFERRAL: Appointment to Advisory Body

APPOINTMENT:

Advisory Body Appointee Term Expires

Economic Development Advisory Commission Matt Senekeremian (Chamber of Commerce Representative)

RECOMMENDATION: Approve appointment.

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