Agenda packet, regular meeting — Fremont City Council, June 13, 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 13, 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 13, 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 13, 2023

June 13, 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: 898 4618 2912. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/89846182912
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 13, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
June 13, 2023
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

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

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

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.

C. SPECIAL EVENT SPONSORSHIP PROGRAM – Adopt a Resolution Approving Special Event Sponsorship Program Grants for FY 2023/24 Contact Persons:

Name: Amy Gee Matthew Snelson
Title: Public Affairs Manager Police Captain
Dept: Police Department Police Department
Phone: 510-790-6967 510-790-6874
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution granting the FY 2023/24 Special Event Sponsorship Program awards to the thirteen eligible events as specified in the resolution attached to this report.

D. TRAFFIC SIGNAL MAINTENANCE - Award of Five-Year Contract to Bear Electrical Solutions, Inc., in the Amount Not to Exceed $700,000 per Fiscal Year for Traffic Signal Maintenance, Repair, and Support Services; Make Findings of CEQA Exemption.

Contact Persons:

Name: Aleksandr Zabyshny Hans Larsen
Title: Senior Transportation
Engineer
Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4796 510-494-4722
E-Mail: [email protected] [email protected]

June 13, 2023 Fremont City Council Page 4
RECOMMENDATION: Approval of the following actions related to the Traffic Signal Maintenance, Repair, and Support Services Contract:

1. Find that this project is categorically exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.

2. Accept the proposal and award the Traffic Signal Maintenance, Repair, and Support Services Contract effective July 1, 2023 through June 30, 2028, to Bear Electrical Solutions, Inc., in the amount not to exceed $700,000 per fiscal year and a total not to exceed amount of $3,500,000 for the five-year term, and authorize the City Manager or designee to execute the contract.

E. FY 2023/24 MEMORANDA OF UNDERSTANDING WITH ALAMEDA COUNTY FOR MEDI-CAL PROGRAMS - Authorize the City Manager to Execute Two Memoranda of Understanding with the Alameda County Health Care Services Agency for FY 2023/24 Medi-Cal Administrative Activities and Targeted Case Management Services
Contact Persons:

Name: Leticia Leyva Suzanne Shenfil
Title: Management Analyst II Director
Dept: Human Services Department Human Services Department Phone: 510-574-2072 510-574-2051
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution: (1) authorizing the City Manager or designee to execute a Memoranda of Understanding with the Alameda County Health Care Services Agency to enable the City’s Human Services Department to receive reimbursement for eligible FY 2023/24 expenses through Alameda County’s Targeted Case Management (TCM) and Medi-Cal Administration Activities (MAA) programs, and making findings of CEQA exemption, as described in this staff report; and (2) delegating to the City Manager, Finance Director, or designee the authority to sign, certify or execute documents on behalf of the City with respect to the MAA and TCM programs.

F. ELEVATOR MAINTENANCE SERVICES - Approval of a Service Agreement with Elevated Technologies Inc., DBA Metro Elevator, for Maintenance Support Services of Nine City-Owned Elevators, in the Amount Up to $240,265 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: Maintenance 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 Elevated Technologies Inc., DBA Metro Elevator, to provide Elevator Maintenance Services effective July 1, 2023, through June 30, 2028 with a total contract amount for a five-year period not to exceed $240,265.

June 13, 2023 Fremont City Council Page 5

3. Ceremonial Items
A. Proclamation: National Juneteenth Independence Day

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. CAPITAL IMPROVEMENT PROGRAM - Second Public Hearing (Published Notice) and Adoption of the FY 2023/24 -2027/28 Capital Improvement Program (CIP) and Two-Year Capital Budget; Find Action Exempt from CEQA
Contact Persons:

Name: Michelle Silva-Salinas Hans Larsen
Title: Business Manager Public Works Director
Dept: Public Works Public Works
Phone: 510-979-5705 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Hold a public hearing on the proposed five-year FY 2023/24 - 2027/28 Capital Improvement Program and two-year Capital Budget FY 2023/24 and FY 2024/25.

2. Find action is exempt from the requirements of CEQA.

3. Adopt a resolution approving the FY 2023/24 - 2027/28 CIP, including identification of the proposed funding amounts from the funding sources in the Fund Source and Use report for all five years, with appropriations for FY 2023/24 to be made July 1, 2023 and appropriations for FY 2024/25 to be made effective July 1, 2024.

4. Authorize the City Manager to adjust the timing, but not the amount, of appropriations approved by the City Council to allow acceleration or deferral of the timing of appropriations of these funds in response to changed conditions.

5. Authorize the City Manager to transfer appropriations up to $50,000 per project from the Capital Improvement Program Cost and Scope Contingency (PWC 8101) and the Emerging Project Reserve (PWC 7101) as necessary.

June 13, 2023 Fremont City Council Page 6

B. SECOND PUBLIC HEARING AND ADOPTION OF FY 2023/24 OPERATING BUDGET AND APPROPRIATIONS LIMIT - Second Public Hearing (Published Notice) and Adoption of the FY 2023/24 Operating Budget and Appropriations Limit
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 on the proposed operating budget for FY 2023/24.

2. Adopt a resolution approving the City of Fremont FY 2023/24 Operating Budget.

3. Adopt a resolution creating an appropriations limit of $917,853,080 for FY 2023/24.

6. Other Business - None.

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

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

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
June 13, 2023 Fremont City Council Page 7

ACRONYMS

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

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

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

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

June 13, 2023 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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
November 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live

Fremont City Council Meeting: 06/13/23 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4900) DOC ID: 4900
Updated: 6/8/2023 3:28 PM by Alberto Quintanilla Page 1 SPECIAL EVENT SPONSORSHIP PROGRAM – Adopt a Resolution Approving Special Event Sponsorship Program Grants for FY 2023/24 Contact Persons:

Name: Amy Gee Matthew Snelson
Title: Public Affairs Manager Police Captain
Div/Dept: Police Department Police Department
Phone: 510-790-6967 510-790-6874
E-Mail: [email protected] [email protected]

Executive Summary: The Fremont City Council ("City Council") established the Special Event Sponsorship Program (SESP) in 2019 to support local organizations that host community events. Staff completed the review and sponsorship award process for special event organizers who submitted applications for FY 2023/24. Staff recommends the City Council adopt a resolution awarding the SESP grants described in this report.

BACKGROUND: In December 2019, the City Council approved the SESP in response to special event organizers' requests for City financial support. Due to COVID, most major events were cancelled in FY 2020/21, and a few events returned in FY 2021/22.

In FY 2022/23, City Council approved $300,000 in funding for nine special events that applied to the program. At the time of this report, final reports for several events occurring in May and June of 2023 are not yet available. Final reports for these events are typically available 90 days after the event. It is anticipated that the total of $300,000 approved for FY 2022/23 will be disbursed and/or reimbursed to event organizers for eligible expenses. Staff contacted award recipients regarding the program, and they ar e grateful for the City's support. With event expenses increasing due to the current state of the economy, many rely on the City's sponsorship to contribute to their events' occurrence and success.

In Spring 2023, the City opened the SESP application process for FY 2023/24, and the FY 2023/24 Proposed Operating Budget includes $300,000 of funding for the SESP. In terms of qualification, the program allows established event organizers that have held successful events in the City, and their events were permitted with the need to utilize City services on the day(s) of the event. The program also allows established event organizers who plan to hire a third-party vendor to provide such services (e.g., hiring a City-approved traffic vendor to conduct road closures). Applicants may request either a) up to 50% of their overall event budget or b) the total estimated cost for City services, whichever is higher.

Sponsorship awards are effective July 1 each year, contingent upon budget approval.

DISCUSSION/ANALYSIS: The FY 2023/24 special event sponsorship application process opened on January 26, 2023, with a deadline of March 29, 2023. The program was advertised on the City's website, the City's Fremont Connection Newsletter, and social media platforms, and Staff reached out to all known eligible event organizers.

Applications Received and Eligibility Review: The City received fourteen SESP

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Council Staff Report (ID # 4900) Meeting of June 13, 2023 Updated: 6/8/2023 3:28 PM by Alberto Quintanilla Page 2 applications by the deadline. One application was not eligible as the event does not utilize City services. Thirteen applications were further reviewed for sponsorship allocation.

1. 4th of July Parade (Tuesday, July 4, 2023)

2. Fremont Street Eats (every Friday from July 1, 2023-June 30, 2024)

3. Festival of Arts (Saturday, August 5, 2023 and Sunday, August 6, 2023)

4. Niles Car Shows (Sunday, August 13, 2023 and Sunday, May 5, 2024)

5. Festival of India (Saturday, August 19, 2023 and Sunday, August 20, 2023)

6. Niles Antique Fair (Sunday, August 27, 2023)

7. End of Summer Fair (Saturday, September 9, 2023)

8. Olive Festival (Saturday, October 7, 2023 and Sunday, October 8, 2023)

9. Gurdwara Diwali and New Year’s Eve (Sunday, November 12, 2023 and Sunday, December 31, 2023)

10. Festival of Lights (Friday, November 24, 2023)

11. Chanukah Lighting (Sunday, December 10, 2023)

12. Arts Mosaic Fair (Saturday, April 27, 2024)

13. Burger and Brew (Saturday, May 18, 2024)

Applications were reviewed and scored for purposes of funding. Staff from five City departments participated in the review process: Community Development, Community Services, Economic Development, Police, and Public Works. Reviewers provided scores and comments on the Narrative/Significance and Financial Capabilities/Event Execution sections of each application. Events with final scores above 7.0 were considered responsive. All thirteen eligible applications scored above 7.0 and are recommended for funding.

Sponsorship Award Allocation and Funding Recommendation: Staff used the estimated cost information provided by the applicants and City departments to calculate the maximum allocation allowed under the SESP rules: 50% of the overall event budget or 100% of the total estimated cost of City services, whichever is greater. The maximum allocation for all applicants totals $471,853.

Funds are initially allocated to each eligible applicant pro-rata based on the estimated cost of City services. City services include but are not limited to those provided by Community Services, Fire, Police, Street Maintenance, and/or City-approved vendors. Once the cost of City services has been covered for all applicants, any remaining funds are allocated pro- rata based on each applicant's remaining unfunded 50% of the total event cost. Using this allocation method and rounding up to the nearest $100, Staff recommends City Council award the funding amounts shown in the far-right table below. The proposed award is anticipated to cover over 95% of City services estimate for each event.

Special Event Maximum
Allocation
City Services
Cost
Estimate
Proposed
Award

1. 4th of July Parade 40,000 34,600 33,000

2. Fremont Street Eats 21,725 12,700 12,100

3. Festival of Arts 186,038 102,100 97,400

4. Festival of India 95,000 67,500 64,500

5. Niles Car Show 16,000 3,400 3,200

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Council Staff Report (ID # 4900) Meeting of June 13, 2023 Updated: 6/8/2023 3:28 PM by Alberto Quintanilla Page 3

6. Niles Antique Fair 30,000 34,800 33,300

7. End of Summer Fair 3,668 3,600 3,400

8. Olive Festival 997 1,000 900

9. Gurdwara Diwali & New Year’s Eve 15,000 10,800 10,300

10. Festival of Lights 22,000 24,700 23,600

11. Chanukah Lighting 5,500 600 600

12. Arts Mosaic Fair 2,450 3,600 3,400

13. Burger & Brew 33,475 15,000 14,300
Total $471,853 $314,400 $300,000

Disbursement of Sponsorship Awards: The SESP is a reimbursement grant intended to cover some or all of an event's City services cost and possibly some of the event's other expenses. After the event has been held, Staff will determine the actual cost of the City services provided using the hourly rate schedule for special events previously adopted by the City Council. The event's sponsorship award will be credited against the actual cost of City services. The event organizer is responsible for paying the City any actual costs in excess of the sponsorship award amount.

Event organizers have until 90 days after the event, or after final billing details from the City are available, to submit a final report (including a post-event evaluation, attendance estimate, and documentation of actual costs). To the extent the sponsorship award exceeds the actual cost of City services, the City will reimburse the event organizer for eligible event-related expenses, which may include City-approved third-party traffic control vendors for street closures or City facility or rental fees. The combination of credit for the cost of City services and reimbursement for other event-related expenses will not exceed an event's sponsorship award amount.

FISCAL IMPACT: A General Fund allocation for the SESP in the amount of $300,000 was included in the FY 2023/24 Proposed Operating Budget.

ENVIRONMENTAL REVIEW: The Special Event Sponsorship Program, an administrative government activity, is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Special Event Sponsorship Program does not involve the approval of special events or individual projects, which are subject to a separate environmental review and permitting process. Thus, the Special Event Sponsorship Program will clearly not have a significant effect on the environment and CEQA does not apply.

LINKS: https://www.fremont.gov/permits/special-event-permit/special-event-sponsorship

ATTACHMENTS:
• 2023-2024 SESP Guidelines and Application
• Draft Resolution-SESP grants

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Council Staff Report (ID # 4900) Meeting of June 13, 2023 Updated: 6/8/2023 3:28 PM by Alberto Quintanilla Page 4 RECOMMENDATION: Adopt a resolution granting the FY 2023/24 Special Event Sponsorship Program awards to the thirteen eligible events as specified in the resolution attached to this report.

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FY 2023/2024 SESP Guidelines and Application Checklist Page 1 of 8

FY 2023/2024 Special Events Sponsorship Program
Guidelines and Application Checklist

Application Deadline: Wednesday, March 29, 2023 at 12:00 p.m. PT Late and/or incomplete submissions will not be accepted Overview and Goals
The Special Events Sponsorship Program (SESP) offers financial assistant to support large-scale special events in the City of Fremont. These events include festivals, parades, and community celebrations that require overtime or specialty staff support from the Police Department, Fire Department, Public Work Department (Street Maintenance), or Community Services (Parks and Recreations) on the days of the event. When funds are available and as approved, SESP awards will be made once a year through a competitive application and review process. The program aims to foster successful high-impact community events that:

1. Enhance economic development;

2. Encourage community participation;

3. Promote arts and cultural growth; and

4. Provide a rich variety of festivities for residents and visitors.

The program is not intended to support events where the primary purpose is fundraising for a cause.

SESP awards are meant to partially offset the cost of city services by providing financial support for events. Award amounts may vary per event per year. Organizers could request up to 50% of the anticipated total event cost or 100% of the anticipated cost of city services, whichever is higher. Award amounts may be less than the amount requested and any awards are subject to Council approval and/or the availability of funding.

Administration
Fremont Police Department manages the administrative process of the SESP, as the department also manages the permitting process for high-impact special events in the City. The special event sponsorship application and the special event permit application will be processed together in Spring of each year for events taking place in the upcoming fiscal year. SESP applications will be reviewed by a sub-committee including City of Fremont staff from various departments.

Funding and Grant Use Restrictions
The amount of available funding may vary per year depending on economic outlook and available resources. Past grant awards are no assurance of future awards. Available funds are subject to City Council approval. The City may terminate the program at any time due to unforeseen circumstances.

Grant funds must be used for event-related expenses only and not for operating deficit, administrative costs, or other organizational costs unrelated to production of the event or for any capital equipment purchases. No part of the grant shall be used to promote or inhibit religion nor for any political advocacy.

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) FY 2023/2024 SESP Guidelines and Application Checklist Page 2 of 8 Eligibility
To be considered for SESP, the event and the event organizer must meet ALL of the following eligibility criteria. Note that meeting the below criteria does not guarantee event sponsorship. Eligible events must submit an application to the SESP each year. Final funding decisions are recommended by staff for council approval. Applications will be rejected if ANY of the following criteria is not met:
• Event Criteria
o Event takes place between July 1, 2023 and June 30, 2024 in the City of Fremont; o Event is not conducted primarily as a fundraiser for a cause, and is not intended to convey a religious message nor advocate a political position; o Event must support all four of the SESP program goals; o Event must require the use of City services on the days of the event, specially overtime or specialty work from Police, Fire, Public Works, or Community Services. o Event must have other sources of funding sufficient to cover at least 50% of all anticipated event-related expenses;
• Event Organizer (Organization) Criteria
o Event organizer must be in good standing with the City of Fremont; o Event organizer must be a legally registered 501c(3) non-profit organization or 501c(6) business entity;
o Event organizer must have a valid City of Fremont business tax certificate, or a Fremont business tax exemption from the City’s Finance Department; and o Event organizer must be established with at least one year of successful history with the City of Fremont; new events hosted by new organizers are not eligible until year two.  Successful history is further defined as those that have adhered to all special event permitting conditions and fulfillment of all event obligations, including payment to vendors and the City of Fremont. In addition, organizer’s events are those that have not resulted in an adverse impact in the community, such as the receipt of significant complaints from residents or businesses.

Application Requirement
To be considered for an award, a complete special event sponsorship program (SESP) application per event per fiscal year must be submitted together with the special event permit application. Refer to the application checklist below for information about each required document. Note that events applying for SESP is subject to an earlier deadline for the special event permit application. Partial, incomplete or late applications will not be considered. A complete SESP application packet consists all documents required for the Sponsorship Program as well as the Special Event Permit. Refer to the next section for a complete checklist of documents required.

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) FY 2023/2024 SESP Guidelines and Application Checklist Page 3 of 8 FY 2022/2023 Special Event Sponsorship (SESP) Application Checklist Items 1-4 are related to the sponsorship application, and items 5 – 15 are related to the event permit application. For consideration of event sponsorship, all required documents for sponsorship and permit are due together by Wednesday, March 29, 2023, at 12:00 p.m. Incomplete applications will not be accepted.

☐ 1. Special Event Sponsorship Program (SESP) Application

☐ 2. Event Organizer Financial Statement and Tax Return for prior two (2) years: Calendar Year 2022 and Calendar Year 2021. If 2022 Tax Return has not be filed, the City will accept Year 2021 and 2020.

☐ 3. Copy of currently valid 501c(3) or 501c(6) registration from the IRS

☐ 4. Copy of valid City of Fremont business tax certificate for 501c(6) organizations, or confirmation of Fremont business tax exemption for 501c(3) organizations from the City’s Finance Department • It is the applicant’s responsibility to obtain tax exemption confirmation from the Finance Department (email confirmation is acceptable.)

☐ 5. Special Event Permit Application for High Impact Events • All sections must be completed; answers such as “same/TBD” are not acceptable.

☐ 6. Event Program to include times, list of activities, and name of anticipated special VIPs or guests.

☐ 7. Event Venue Contract/Permission, if applicable, indicating property usage permission.

☐ 8.1. Event Site Plan (Special Event Permit Application Attachment A) that clearly indicates set up of event, stages, bleachers, tents, canopies, booths, rides, portable toilets, location of storm drains, trash/recycling/compost receptables, and other equipment or set up. ☐ 8.2. Tent(s) & Stage(s) Plan required for stages, grandstands, bleachers, special seating, enclosed tents > 400 ft, or open tents > 700 feet. ☐ 8.3. California Engineer Approved/Stamped Plan (drawing with specifications and measurements) for the event with pertinent information on tents/stages/bleachers, etc., including details on connecting ramps, rotary devices, and/or lifts. ☐ 8.4. Note: If a tent/stage permit is required, applicants must use the City's online Citizen
Access portal to submit such requests in addition to submitting the sponsorship and permit application. Additional materials and fees apply.

☐ 9. Traffic Plan/Road Detour Plan (Special Event Permit Application Attachment B), if applicable, must indicate road closures, location of cones/barricades, available entry points, and flow of traffic. If shuttles are used, the traffic plan must also indicate type, route, frequency, and drop-off location(s). Traffic plan for road closures must be developed from one of the City’s approved Traffic Vendors.

☐ 10.1. Parking Plan (Special Event Permit Application Attachment C) that indicates parking availability, location of emergency vehicle access, disabled parking, and any available bicycle parking or ride drop-off designated area.
☐ 10.2. If private parking lots are used, written permission from the property is required.

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) FY 2023/2024 SESP Guidelines and Application Checklist Page 4 of 8

☐ 11. Vendor Information (Special Event Permit Application Attachment D) must include all anticipated major vendors, particularly those serving the event, such as those for stages, security, portable toilets, etc. Business vendors participating at the event can be added two weeks prior to the event.

☐ 12. Public Safety and Crowd Management Plan, required for 1,000+ attendance.

☐ 13. Private Security Plan, if private security firm will be hired for the event.

☐ 14. Daily ABC License Application required if alcohol is served.

☐ 15. Special Event Permit Application Fee of $200

The following materials can be submitted at time of application submission. If pending, they can be submitted at a later time. Applicants will be notified of the submission deadline for these documents.

☐ 16. Finalized Event Program including confirmed VIP Guests

☐ 17.1 Certificate of Insurance for the event with at least $1 million liability insurance. ☐ 17.2 Additional Insured Endorsement for the event explicitly listing the City of Fremont as additional insured.
☐ 17.3 Certificate(s) of Insurance for each carnival ride vendor, if applicable, with at least $1 million liability insurance and all rides explicitly listed. ☐ 17.4 Additional Insured Endorsement from carnival ride insurance explicitly listing the event organizer and the City of Fremont as additional insured.

☐ 18. Alameda County Health Permit required if food is served.

☐ 19. Approved Daily ABC License required if alcohol is served.

☐ 20. Written Notification to nearby businesses and residents regarding impact of event, road closures, and/or parking.

☐ 21. Vendor Contract(s) for major services, such as stages, security, portable toilets, trash, etc.

☐ 22.1. Vendors List including information on all participating vendors. ☐ 22.2. Temporary tax license fee(s) for applicable vendors.

☐ 23. Personnel List, if applicable, listing those operating carnival rides or managing kids activities.

☐ 24. Event Deposit, if applicable.

☐ 25. Other information or materials as determined necessary by the City.

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) FY 2023/2024 SESP Guidelines and Application Checklist Page 5 of 8 FY 2023/2024 Special Event Sponsorship (SESP) Program Timeline

Description Date
SESP Opens for Application Thursday, January 26, 2023
SESP Application & Special Event Permit Application Due Wednesday, March 29, 2023 at 12:00 p.m. PT SESP Committee Review and Scoring of Applications April - May 2023 Proposed Council Review and Approval Date June 2023
Outstanding event balance due to City (if applicable) 30 days after invoice date Final Report Due for Grantees 90 days after event, or 30 days after finally billing information received by grantee,
whichever comes later
Sponsorship reimbursement made to applicant
(if applicable)
After completion of Final Report & submission
of receipts/documents

Application Submission Process
A copy of all application materials and documents, including check payment of $200 special event permit fee, must be submitted together in one packet to the Development Services Center*:

City of Fremont Development Services Center
ATTN: Special Event Unit
39550 Liberty Street
Fremont, CA 94538

Check Payment should be made payable to: City of Fremont

You may wish to mail in your application or physically drop off the application. If you plan to drop off your application, you may wish to make an appointment with:

Marc Cleveland
Planner, Community Development
[email protected]

(510) 494-4543

*If mailing your application, the application packet must be received (not merely postmarked) by the deadline.

It is strongly recommended that you have an electronic copy of all submitted application materials and documents. You may wish to email a copy of your materials, but your application will not be processed until a hardcopy and payment is received by the City of Fremont’s Development Services Center.

Note about Application Deadline
Applicants are strongly encouraged to submit their applications early to give themselves ample time to resolve any unexpected issues and to confirm the City’s receipt of the application prior to the deadline.

Incomplete applications will be not accepted.

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) FY 2023/2024 SESP Guidelines and Application Checklist Page 6 of 8 Plan early and DO NOT WAIT until the application deadline to call with questions or to make an appointment. Staff will be in session with previously-made appointments and will not be able to respond to same day requests or inquires.

Fees
There is no cost to apply to SESP, however, application and payment for the Special Event Permit is due at time of SESP application submission. Refer to https://www.fremont.gov/permits/special-event-permit for more information on the Special Event Permit. If your event requires a stage or tent permit, additional documents and fees apply. Stage and tent permit and inspection fees cannot be waived, and all related fees must be paid for by the applicant prior to issuance of the permit.

Public Nature of Application Materials
Applications submitted for SESP become the property of the City of Fremont and shall be regarded as public records, with the exception of those elements in the application which are defined by the applicant as business or trade secrets and designated as Confidential, Trade Secret, or Proprietary.

These elements are not required and not encouraged to be included in the application. The City shall not in any way be liable or responsible for the disclosure of any such application or portions thereof, if they are not designed as Confidential, Trade Secret, or Proprietary or if the disclosure is required under the Public Records Act. If an organization wishes to designate elements of the application as confidential, business or trade secret, they must submit a letter at the time of application identifying the specific sections of their application that should be defined as such. Although the California Public Records Act recognizes that certain information may be protected from disclosure, the City may not be in a position to establish that the information that an applicant submits is protected. If a request is made for information marked Confidential, Trade Secret, or Proprietary, the City will provide the applicant who submitted the information with reasonable notice to allow the applicant to seek protection from disclosure by a court of competent jurisdiction.

Applicant Affidavit
All applicants must agree and accept the affidavit: I certify that the information contained in the foregoing application is true and correct to the best of my knowledge and belief. I understand that this application is made subject to the rules and regulations established by the City Council and/or the City Manager or the City Manager's designee. Applicant agrees to comply with all reporting and sponsor acknowledgement requirements if the event is awarded a grant under the Special Event Sponsorship Program. I agree to provide exhibition space and setup of canopies, tables, and/or chairs as needed and as requested by City departments. I agree to abide by all requirements and further certify that I, on behalf of the Event Organization, am also authorized to commit that organization, and therefore agree to be financially responsible for any costs and fees that may be incurred by or on behalf of the Event to the City of Fremont. I agree to comply with City-issued conditions pertaining to the issuance of a special event permit or acceptance of a sponsorship award. I further agree to pay back any or all of the awarded grant to the City of Fremont within 30 days of notification if the event is canceled or modified significantly from the original proposed activities, or the event violates any City-issued supplemental conditions or request pertaining to the execution of the event, as determined by the SESP Decision Committee, City Council, and/or the City Manager or the City Manager’s designee.

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) FY 2023/2024 SESP Guidelines and Application Checklist Page 7 of 8 Evaluation Criteria
SESP Applications will be evaluated according to the following criteria, in the context of the applicant’s overall goals and the purpose and goals of the Special Event Sponsorship Program:
• Event Narrative and Significance - 50% (Section 2 of application) o Clarity of the event’s nature, structure and vision and how well the event relates to the applicant’s mission, purpose and goals.
o How well the event components demonstrate support of SESP program goals:

1. Enhance economic development;

2. Encourage community participation;

3. Promote arts and cultural growth; and

4. Provide a rich variety of festivities for residents and visitors.

• Financial Capabilities and Event Execution – 50% (Sections 3 of application) o Ability to produce a profitable or break-even event measured on a cash basis; o Extent of diversified financial support and in-kind contributions and/or volunteer resources used to leverage the City’s grant funding;
o Ability and experience in producing a well-planned and safe event; o Depth of managerial and organizational capacity.

Rating System
When evaluating each criterion, members of the decision committee will use the following 10-point scale, which is then translated to the appropriate weight for each criterion. An application must receive an overall score of at least 7 points for funding consideration. • Exceptionally Responsive (9 –10 points)
o Considerably exceeds expectations;
o Demonstrates historical proof that performance is or will be outstanding; o Strongly merits funding.
• Very Responsive (7 - 8 points)
o Meets and somewhat exceeds expectations;
o Criterion is successfully fulfilled, and performance is above the norm; o Merits funding.
• Basically Responsive (5 - 6 points)
o Meets the generally accepted standards of the criterion; o Needs improvement in order to merit any funding.
• Minimally Responsive (3 - 4 points)
o Weak response to the criterion;
o Does not demonstrate that performance meets generally accepted standards; o Does not merit funding.
• Unresponsive (0 – 2 points)
o Fails to meet the criterion;
o Does not merit funding.

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) FY 2023/2024 SESP Guidelines and Application Checklist Page 8 of 8 Appeals
An applicant may file an appeal of the SESP Decision Committee’s funding decision only if it is based one of the following circumstances:
• Required application materials that were submitted by the deadline were omitted from the materials the Committee considered during the review process; • A member of the Committee did not recuse her/himself even though s/he had a conflict of interest, as such term is defined under state law, in relation to an applicant, which should have resulted in the council member’s recusal from evaluating the application or participating in a discussion regarding the applicant.

The Committee will not consider appeals based on any other circumstances, including but not limited to:
• Correcting applicant errors and omissions in the application or review process; • Information received after the application deadline;
• Disagreements about the merits of the application relative to others the Committee considered.

Applicants must submit their appeals in writing to the City Manager’s Office within the specified time period after funding notifications have been sent. The notification will specify the deadline to file an appeal.

Final Report
SESP grantees must submit a Final Report for the event on a City-provided form (to include a post-event evaluation, attendance and final budget) no later than 90 days after the event is held. Grantees must be current on filing required reports before they can receive grant funding.

Acknowledging City Support
Grant recipients must acknowledge the City’s financial support in all appropriate materials and media.

The acknowledgement should read, “Supported in part by the City of Fremont” or similar language, unless the City is a part of a list of supporters. In the latter case, the acknowledgement may say simply City of Fremont. Grantees must display the City’s logo whenever other sponsor logos are displayed, and in accordance with City logo use guidelines.

Contact
For questions regarding the Special Event Sponsorship Program or the permitting process for high- impact special events, contact:

• Amy Gee, Public Affairs Manager, Fremont Police Department Phone: (510) 790-6967, Email: [email protected]

For questions regarding stage and tent permits, and submission of the application contact:

• Marc Cleveland, Planner, Community Development
Phone: (510) 494-4543, Email: [email protected]

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) SESP Application Page 1 of 8 (Rev 1/26/2023)
Special Events Sponsorship Program Application
for Festivals, Parades, and Community Celebrations
Section 1: Event and Contact Information
Ev
ent Name: __________________________________________________________________________ Ev
ent Date(s): _________________________________________________________________________ Ev
ent Location: ________________________________________________________________________ Event Organization: ______________________________________ __ Type: ☐ 501(c)3 ☐ 501(c)6 Anticipated Attendance: Award Amount Requested: ________________ Ad
dress: _____________________________________________________________________________ Ap
plicant Name: _________________________________ Phone Number: ________________________ Em
ail: _______________________________________________________________________________ Section 2: Event Narrative and Significance (50% of scoring weight)

2.1 In the space provided below, briefly describe the event’s nature, structure and vision and how well the event relates to your organization’s mission, purpose and goals. The description should be brief and succinct. Do not attach additional sheets.

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) SESP Application Page 2 of 8 (Rev 1/26/2023)

2.2 In the space provided below, describe how the event demonstrat e support of SESP program goals.

Do not attach additional sheets.

2.2.1 Enhance economic development

2.2.2 Encourage community participation

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) SESP Application Page 3 of 8 (Rev 1/26/2023)

2.2.3 Promote arts and cultural growth

2.2.4 Provide a rich variety of festivities for residents and visitors

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) SESP Application Page 4 of 8 (Rev 1/26/2023)
Section 3: Financial Capabilities and Event Execution (50% of scoring weight) In the space below, describe your organization’s financial capabilities and even t execution experience.

The description for each category should be brief and succinct. Do not attach additional sheets.

3.1 Ability to produce a profitable or break-even event measured on a cash basis

3.2 Extent of diversified financial support and in-kind contributions and/or volunteer resources

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) SESP Application Page 5 of 8 (Rev 1/26/2023)

3.3 Ability and experience in producing a well-planned and safe event

3.4 Depth of managerial and organizational capacity

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) SESP Application Page 6 of 8 (Rev 1/26/2023)
Section 4: Event Budget/Anticipated Expenses
Group expenses into major categories below. Specify up to five other categories. Budget must include City of Fremont Services (based on anticipated cost of City staff; email [email protected] for quote.) Section is required but will be not scored or contributed to the merit of the application.

Description Amount
City of Fremont Services (Police, Fire, Street Maintenance on day(s) of event) $ Permit Fees $
Event Staff - None City of Fremont Services $
Promotion and Marketing $
Venue $
Stage/Tent/Canopy Set Up $
Decoration/Other Site Set Up $
Supplies and Equipment $
Food/Catering $
Program/Activities/Performances $
Security $
Portable Toilets $
Trash, Recycling, Compost, and Related Services $
Other Vendors $
Other 1, specify: $
Other 2, specify: $
Other 3, specify: $
Other 4, specify: $
Other 5, specify: $
Total Anticipated Expenses $

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) SESP Application Page 7 of 8 (Rev 1/26/2023)
Section 5: Available Funding
This section is required, however, information provided will be not scored and does not contribute t
o the merit of the application. Applicants may r equest up to 50% of total event costs or 100% of City of Fremont service cost, whichever is higher. Event must have at least 50% in other funding sources Specify all available funding sources and amounts for the event . Indicate if funding is confirmed or anticipated. Include SESP Award and requested amount as an anticipated funding source. Attach additional sheets if necessary.

Description Status Amount
1: Fremont Special Event Sponsorship Program (SESP) Award ☒ Anticipated ☐ Confirmed
$
2: ☐ Anticipated
☐ Confirmed
$
3: ☐ Anticipated
☐ Confirmed
$
4: ☐ Anticipated
☐ Confirmed
$
5: ☐ Anticipated
☐ Confirmed
$
6: ☐ Anticipated
☐ Confirmed
$
7: ☐ Anticipated
☐ Confirmed
$
8: ☐ Anticipated
☐ Confirmed
$
9: ☐ Anticipated
☐ Confirmed
$
10: ☐ Anticipated
☐ Confirmed
$
11: ☐ Anticipated
☐ Confirmed
$
12: ☐ Anticipated
☐ Confirmed
$
13: ☐ Anticipated
☐ Confirmed
$
14: ☐ Anticipated
☐ Confirmed
$
15: ☐ Anticipated
☐ Confirmed
$
Total Funding: $

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) SESP Application Page 8 of 8 (Rev 01/26/2023)
S
ection 6: Event Revenue
This section is required, however, information provided will be not scored and does not contribute to the merit of the application. Specify the net revenue amount for the last two years the event occurred.

Date and Year Event Occurred Net Revenue
1: $
2: $
Section 7: Affidavit and Signature
The SESP application requires two signatures: 1) applicant, and 2) CFO or Treasu rer of Event Host Organization, unless the same person serves as both the applicant and the CFO/Treasurer for the Organization.

FFIDAVIT OF APPLICANT
I certify that the information contained in the foregoing application is true and correct to the best of my knowledge and belief. I understand that this application is made subject to the rules and regulations established by the C ity Council and/or the City Manager or the City Manager's designee. Applicant agrees to comply with all reporting and sponsor acknowledgement requirements if the event is awarded a grant under the Special Event Sponsorship Program . I agree to provide exhib ition space and setup of canopies, tables, and/or chairs as needed and as requested by City departments. I agree to abide by all requirements and further certify that I, on behalf of the Event Organization, am also authorized to commit that organization, and therefore agree to be financially responsible for any costs and fees that may be incurred by or on behalf of the Event to the City of Fremont. I agree to comply with City -issued conditions pertaining to the issuance of a special event permit or acceptan ce of a sponsorship award. I further agree to pay back any or all of the awarded grant to the City of Fremont within 30 days of notification if the event is canceled or modified significantly from the original proposed activities, or the event violates an y City -issued supplemental conditions or request pertaining to the execution of the event, as determined by the SESP Decision Committee, City Council, and/or the City Manager or the City Manager’s designee.

P
rint Name of Applicant: _____________________________________ T
itle: _____________________________________________________ A
pplicant Signature: _________________________________________ Date: ______________________ P
rint Name: ________________________________________________ T
itle (select one): ☐ Chief Financial Officer ☐ Treasurer S
ignature: __________________________________________________ Date: _____________________

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Attachment: 2023-2024 SESP Guidelines and Application (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) Resolution 2023-XX Page 1 of 3

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF

FREMONT AUTHORIZING SPECIAL EVENT SPONSO RSHIP
PROGRAM GRANTS TO THIRTEEN RECIPIENTS FOR FY 2023/24

WHEREAS, in December 2019, the City Council approved the Special Events Sponsorship Program (SESP) in response to special event organizers' requests for City financial support; and

WHEREAS, the SESP is available to support established event organizers that have held successful events in the City, and their events required City services on the day(s) of the event or who hire a third-party vendor to provide such services (e.g., hiring a City-approved traffic vendor to conduct road closures); and

WHEREAS, applicants for SESP grants may request up to 50% of their overall event budget or the total estimated cost for City services, whichever is higher, and sponsorship grants are effective July 1 of each year, contingent upon budget approval; and

WHEREAS, due to COVID, most major events were cancelled in FY 2020/21, a few events returned in FY 2021/22, and City Council approved $300,000 in FY 2022/23 for nine special events that applied to the program; and

WHEREAS, in Spring 2023, the City opened the SESP application process for FY 2023/24, and the FY 2023/24 Proposed Operating Budget includes $300,000 of funding for the SESP; and

WHEREAS, the City received fourteen SESP applications, but one application was not eligible as the event does not utilize City services; and

WHEREAS, staff recommends awarding SESP grants to all thirteen applicants; and

WHEREAS, on June 13, 2023, the City Council conducted a hearing on the proposed SESP grants, 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 hereby awards the Special Event Sponsorship Program grants for FY 2023/24 to the thirteen recipients in the amounts listed in Exhibit A to this resolution.

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

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Attachment: Draft Resolution-SESP grants (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) Resolution 2023-XX Page 2 of 3

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution-SESP grants (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) Resolution 2023-XX Page 3 of 3

EXHIBIT A to Resolution 2023-XX

FY 2023/24 SESP Grant Recipients

Special Event SESP Grant Award

1. 4th of July Parade $33,000

2. Fremont Street Eats $12,100

3. Festival of Arts $97,400

4. Festival of India $64,500

5. Niles Car Show $3,200

6. Niles Antique Fair $33,300

7. End of Summer Fair $3,400

8. Olive Festival $900

9. Gurdwara Diwali & New Year’s Eve $10,300

10. Festival of Lights $23,600

11. Chanukah Lighting $600

12. Arts Mosaic Fair $3,400

13. Burger & Brew Fest $14,300
Total $300,000

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Attachment: Draft Resolution-SESP grants (4900 : SPECIAL EVENT SPONSORSHIP PROGRAM) Fremont City Council Meeting: 06/13/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4920) DOC ID: 4920
Updated: 6/7/2023 10:06 AM by Alberto Quintanilla Page 1 TRAFFIC SIGNAL MAINTENANCE - Award of Five-Year Contract to Bear Electrical Solutions, Inc., in the Amount Not to Exceed $700,000 per Fiscal Year for Traffic Signal Maintenance, Repair, and Support Services; Make Findings of CEQA Exemption.

Contact Persons:

Name: Aleksandr Zabyshny Hans Larsen
Title: Senior Transportation Engineer Public Works Director Div/Dept: Public Works Public Works
Phone: 510-494-4796 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the ongoing maintenance of City operated traffic signals. The proposed contract with Bear Electrical Solutions, Inc. is for traffic signal maintenance services from July 1, 2023 through June 30, 2028.

BACKGROUND: The City currently owns and operates 195 traffic signals. Maintenance of these traffic signals is provided through an outside services contract. The contractor performs routine preventative maintenance, inspections, and response to emergency repair situations (e.g. signal pole knockdown). The work performed by the signal maintenance contractor ensures that the City’s traffic signals continue to operate reliably and safely.

The traffic signal maintenance, repair, and support contract covers three primary work items: (1) routine and preventative maintenance, which includes regularly scheduled inspections and repairs; (2) extraordinary maintenance, which consists of unanticipated work not covered in routine maintenance, including replacement of damaged or failed equipment, equipment troubleshooting, and responding to emergency repair calls; and (3) construction related signal inspection support for various City or development related projects. Routine maintenance costs are fixed based on the contract amount.

Extraordinary maintenance and construction related inspection support costs are determined on a time and materials basis established by the rate schedule contained in the contract, and the monthly cost for this work is anticipated to vary based on the actual amount and type of work performed.

Bear Electrical Solutions, Inc. is the City’s current signal maintenance contractor, and their current maintenance service agreement expires on June 30, 2023.

DISCUSSION/ANALYSIS: The City issued a Request for Proposals (RFP) for a new five- year contract (July 1, 2023 through June 30, 2028) for traffic signal maintenance, repair, and support services on April 19, 2023, and proposals were due on May 10, 2023. The City received proposals from three electrical contractors: Bear Electrical Solutions, Inc., St.

Francis Electric, LLC, and Tennyson Electric LLC. A panel consisting of City staff evaluated each company’s proposal based on the following criteria: completeness and quality of the proposal, understanding of the project requirements, qualifications of workforce, quality of the required resources (equipment and facilities), past work experience with the City, and cost. Based on the comprehensive evaluation, staff determined that Bear Electrical

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Council Staff Report (ID # 4920) Meeting of June 13, 2023 Updated: 6/7/2023 10:06 AM by Alberto Quintanilla Page 2 Solutions, Inc. is the highest scoring proposer based on the overall quality of the proposal, familiarity with the City’s traffic signal systems, the quality of their staff, and their overall experience with the City requested scope of work. Staff also worked with Bear Electri cal Solutions, Inc. to refine and finalize its cost proposal to better match the City’s maintenance needs and budget.

Staff recommends the City Council authorizes the City Manager or designee to execute a service agreement with Bear Electrical Solutions, Inc. to provide traffic signal maintenance, repair, and support services for a five-year term, effective July 1, 2023, in the amount not to exceed $700,000 per fiscal year, for a total not to exceed agreement limit amount of $3,500,000.

FISCAL IMPACT: Funding for traffic signal maintenance, repair, and support is programmed through the City’s Capital Improvement Program (CIP) in PWC 8595—Traffic Signal Maintenance, with an annual budget of $750,000 over the next five years. Staff determined that the programmed annual budget for PWC 8595 is sufficient to fund the proposed annual signal maintenance services cost of $700,000, as well as City staff time for signal maintenance support.

ENVIRONMENTAL REVIEW: This project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently exists.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the Traffic Signal Maintenance, Repair, and Support Services Contract:

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Fremont City Council Meeting: 06/13/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4909) DOC ID: 4909
Updated: 6/8/2023 7:37 AM by Alberto Quintanilla Page 1 FY 2023/24 MEMORANDA OF UNDERSTANDING WITH ALAMEDA COUNTY FOR MEDI-CAL PROGRAMS - Authorize the City Manager to Execute Two Memoranda of Understanding with the Alameda County Health Care Services Agency for FY 2023/24 Medi-Cal Administrative Activities and Targeted Case Management Services
Contact Persons:

Name: Leticia Leyva Suzanne Shenfil
Title: Management Analyst II Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2072 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: Staff recommends the City Council authorize the City Manager to execute FY 2023/24 Memoranda of Understanding (MOUs) with the Alameda County Health Care Services Agency (ACHCSA) to enable the City to continue to receive reimbursement of funds through Alameda County’s Targeted Case Management (TCM) and Medi-Cal Administrative Activities (MAA) programs for eligible activities carried out by Human Services Department. Staff anticipates receiving approximately $380,000 for eligible TCM activities and $760,000 for eligible MAA activities. Staff also recommends the City Council adopt a resolution delegating to the City Manager, Finance Director, or designee the authority to sign, certify or execute documents on behalf of the City with respect to the MAA and TCM programs.

BACKGROUND: Both the TCM and MAA programs are funded by Medicaid Title XIX through the federal Centers for Medicare and Medicaid Services (CMS). The California Department of Health Care Services (DHCS) administers the programs at the state level, with each county in California designating a Local Government Agency (LGA) to administer the program locally. In Alameda County, the Alameda County Health Care Services Agency (ACHCSA) serves as the LGA for the City of Fremont. These TCM and MAA programs allow service providers to receive partial federal reimbursement of local funds (i.e. City, County and State funding) expended on certain direct services and administrative activities necessary for the proper and efficient provision and administration of the Medi-Cal program. Funding flows from CMS through DHCS, then to ACHCSA, and finally to the City. The City has participated in the TCM program since FY 2002/03 and the MAA program since FY 2006/07.

DISCUSSION/ANALYSIS:

Targeted Case Management (TCM) Program: The City is reimbursed for targeted case management services provided by the Family Service Team at the Fremont Family Resource Center (FRC), and Older Adult Support Specialists in the Aging and Family Service s Division (AFS). FRC staff work with families and individuals that fit within the TCM target population of “Individuals in Jeopardy of Negative Health or Psycho-Social Outcomes.” AFS staff works primarily with seniors that fit within the TCM target population of “Medically Fragile Individuals.”

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Council Staff Report (ID # 4909) Meeting of June 13, 2023 Updated: 6/8/2023 7:37 AM by Alberto Quintanilla Page 2 Eligible Activities: Targeted case management services are defined as services provided to individuals in gaining access to needed medical, social, educational and other services.

Services must fall under one of the following components:

1. Assessment and reassessment of individual needs

2. Development and periodic revision of a care plan

3. Referral and linkage activities

4. Monitoring and follow-up activities

Reimbursement: The TCM program reimburses the City for approximately 48% of the estimated costs associated with providing case management encounters to Medi -Cal eligible clients. The exact amount of funding the City receives is generally based on the following:

1. An ongoing time survey of time spent supporting TCM activities;

2. A cost report completed by the City’s Finance Department in cooperation with the Human Services Department;

3. The actual number of face-to-face encounters case managers have with Medi-Cal eligible individuals during the year; and

4. The Federal Medical Assistance Percentage (FMAP) rate. The City’s cost of providing these services varies each year; therefore, new cost reports and an MOU must be completed for each year the City participates in the program.

Medi-Cal Administrative Activities (MAA) Program: Many of the administrative activities carried out by Human Services’ divisions are eligible for reimbursement under MAA. These administrative activities support the provision of case management, counseling, and health promotion services in our community.

Eligible Activities: DHCS has approved the City’s five current MAA claiming plans, which describe the reimbursable activities to be carried out, the staff for whom claiming will be done, and the methodology for determining costs. Eligible activities include the following:

1. Outreach that brings potentially Medi-Cal eligible people into the Medi-Cal system for the purpose of determining their Medi-Cal eligibility, or links Medi-Cal eligible individuals with Medi-Cal covered services;

2. Referral, Coordination and Monitoring of Medi-Cal Services;

3. Facilitating the completion of Medi-Cal applications;

4. Arranging and/or providing non-emergency, non-medical transportation to a Medi- Cal covered service;

5. Administering contracts for Medi-Cal services and administrative activities; and

6. Program planning and policy development with the goal of increasing the Medi -Cal system’s capacity.

Reimbursement: Participating staff will complete a MAA program time survey each month to determine the percentage of time spent on reimbursable administrative activities during FY 2023/24. Once FY 2023/24 closes, ACHCSA and City staff will use the time surveys and actual FY 2023/24 expenses to calculate the reimbursement for eligible administrative activities during the fiscal year. ACHCSA will then submit the request for reimbursement to DHCS on the City’s behalf.

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Council Staff Report (ID # 4909) Meeting of June 13, 2023 Updated: 6/8/2023 7:37 AM by Alberto Quintanilla Page 3 Local Public Entity (LPE) Requirements: The City is recognized by DHCS as a Local Public Entity (LPE) for the purposes of participating in the MAA and TCM programs. This designation allows the City to self-certify local public expenditures that support the provision of Medi-Cal programs.

Therefore, staff also recommends the City Council adopt a resolution delegating to the City Manager, Finance Director, or designee the authority to sign, certify or execute documents on behalf of the City with respect to the Medi-Cal Administrative Activities and Targeted Case Management Programs.

FISCAL IMPACT: Based on revenue from prior years, for FY 2023/24 TCM activities, staff estimates that the City may be reimbursed up to a maximum of approximately $380,000, including up to $140,000 for AFS case management services and $240,000 for FRC case management services. For MAA activities, based on the most recent completed reimbursement cycle, staff anticipates receiving approximately $760,000 in reimbursement for eligible activities.

TCM and MAA revenues are important components of the Human Services Department’s strategy to cultivate outside revenue sources needed to sustain safety net services and support administrative overhead costs associated with these services. This funding is anticipated and is to be appropriated as part of the FY 2023/24 adopted budget.

ENVIRONMENTAL REVIEW: This action is exempt from the California Environmental Quality Act, California Public Resources Code Section 21000, et seq., pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2)(continuing administrative activities), Section 15378(b)(4)(governmental fiscal activities), 15378(b)(5)(administrative activ ities) and/or Section 15061(b(3)(no possibility of significant effect on the environment), each of the foregoing providing a separate and independent basis for CEQA exemption.

ATTACHMENTS:
• Draft Resolution Medi-Cal Administrative Activities and Targeted Case Management Programs

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Res. 2023-XX Page 1 of 2
DRAFT

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERS TANDING WITH THE ALA MEDA

COUNTY HEALTH CARE SERVICES AGENCY TO ENABLE THE CITY
TO RECEIVE REIMBURSE MENT FOR ELIGIBLE FY 2022/23
EXPENSES THROUGH ALAMEDA COUN TY’S TARGETED CASE

MANAGEMENT (TCM) A ND MEDI -CAL ADMINIST RATION

ACTIVITIES (MAA) PROGRAMS AND DELEGATING THE CITY

MANAGER OR FINANCE DIRECTOR THE AUTHORITY TO SIG N,

CERTIFY OR EXECUTE D OCUMENTS ON BEHALF O F THE CITY

WITH RESPECT TO MAA AND TCM PROGRAM S AND MAKING

FINDINGS OF CEQA EXEMPTION

WHEREAS, the City of Fremont (“City”) is a Medi-Cal program provider in partnership with Alameda County Health Care Services Agency; and

WHEREAS, the City of Fremont-Human Services Department (“Human Services Department”) participates in the Medi- Cal Administrative Activities (“MAA”) program; and

WHEREAS, the Human Services Department also participates in the Targeted Case Management (“TCM”) program; and

WHEREAS, the City is designated as a Local Public Entity (“LPE”), which allows it to self-certify its own public expenditures; and

WHEREAS, the City is required to sign, certify and execute documents pertaining to the MAA and TCM programs.

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

SECTION 1. The City Council authorizes the City Manager or designee to execute Memoranda of Understanding with the Alameda County Health Care Services Agency to enable the City’s Human Services Department to receive reimbursement for eligible FY 202 3/24 expenses through the TCM and MAA programs.

SECTION 2. The City Council delegates the City Manager, Finance Director, or designee, the authority to sign, certify or execute documents on behalf of the City, with respect to the TCM and MAA programs.

SECTION 3. The City Council finds that this action is exempt from the California Environmental Quality Act, California Public Resources Code Section 21000, et seq., pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2)(continuing

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Attachment: Draft Resolution Medi-Cal Administrative Activities and Targeted Case Management Programs (4909 : Medi-Cal Reimbursement Res. 2023-XX Page 2 of 2
administrative activities), Section 15378(b)(4)(governmental fiscal activities), 15378(b)(5)(administrative activities) and/or Section 15061(b(3)(no possibility of significant effect on the environment), each providing a separate and independent basis for CEQA exemption.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

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Attachment: Draft Resolution Medi-Cal Administrative Activities and Targeted Case Management Programs (4909 : Medi-Cal Reimbursement Fremont City Council Meeting: 06/13/23 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4934) DOC ID: 4934
Updated: 6/7/2023 10:16 AM by Alberto Quintanilla Page 1 ELEVATOR MAINTENANCE SERVICES - Approval of a Service Agreement with Elevated Technologies Inc., DBA Metro Elevator, for Maintenance Support Services of Nine City-Owned Elevators, in the Amount Up to $240,265 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: Maintenance 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 maintenance support services for nine elevators located in City of Fremont owned buildings.

BACKGROUND: The City of Fremont owns nine elevators. These elevators are located in the following buildings: Main Library (3), Police Center (2), Maintenance Center (2), Development Center, and Patterson House.

All elevators except the Patterson House elevator have been recently modernized with upgraded interior spaces and all new electrical and mechanical equipment. The Patterson House is equipped with an historic elevator installed in the 1940’s and is only occasionally used.

Currently there is a service agreement for elevator maintenance taking place on a monthly basis. The continued routine service of City elevators is vital as it reduces the number of trouble calls, downtime, and entrapments.

DISCUSSION/ANALYSIS: Contractual services with the current vendor will expire on June 30, 2023. The City issued a Request for Proposals (RFP) on April 19, 2023, for City of Fremont Elevator Maintenance. A “job walk” site review of City buildings was conducted on April 25, 2023, for interested proposers. The City received proposals on May 10, 2023 from three contractors.

A panel consisting of City staff evaluated the submitted proposals. After review, it was determined that the proposer, Elevated Technologies Inc., DBA Metro Elevator, is qualified and has the means necessary to perform the services as outlined in the RFP.

Staff recommends executing a service agreement with Elevated Technologies Inc., DBA Metro Elevator, for a five-year period from July 1, 2023 through June 30, 2028.

Proposed compensation would include:
• $1,834 monthly recurring cost for routine maintenance ($110,040 for 5-year term) • $25,000 annual contingency for as needed minor repair work ($125,000 for 5-year term)
• $5,225 one-time cost for performance and payment bonds covering full 5-year term

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Council Staff Report (ID # 4934) Meeting of June 13, 2023 Updated: 6/7/2023 10:16 AM by Alberto Quintanilla Page 2

FISCAL IMPACT: The recommended action has a total not to exceed amount of $240,265.00 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 project is Categorically Exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15301, as the repair, maintenance or modification of existing facilities involving no or negligible expansion of use beyond that which presently exists.

ATTACHMENTS: None.

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Fremont City Council Meeting: 06/13/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Presentations

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4925) DOC ID: 4925
Updated: 6/7/2023 10:14 AM by Alberto Quintanilla Page 1 CAPITAL IMPROVEMENT PROGRAM - Second Public Hearing (Published Notice) and Adoption of the FY 2023/24 -2027/28 Capital Improvement Program (CIP) and Two-Year Capital Budget; Find Action Exempt from CEQA
Contact Persons:

Name: Michelle Silva-Salinas Hans Larsen
Title: Business Manager Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-979-5705 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate adoption of the City’s five- year Capital Improvement Program (CIP) for fiscal years (FY) 2023/24 through 2027/28 and approve the two-year Capital Budget.

BACKGROUND: The City’s CIP is focused on investments to maintain and improve the City’s infrastructure related to Transportation, Parks, and Civic Facilities. On March 14, 2023, an initial meeting to update the capital program was held with the City Council to review current investments, program accomplishments, funding projections, and consider stakeholder input for the program update. The draft five-year CIP was presented for review and input by the City Council on May 16, 2023, along with the proposed two-year Capital Budget (FY 2023/24 and FY 2024/25). The City Council held the first public hearing on the proposed CIP and Capital Budget on June 6, 2023.

DISCUSSION/ANALYSIS: The proposed CIP and two-year Capital Budget is posted on the City’s website (see link below). A summary of the CIP was included in the staff report for the Council meeting on June 6, 2023.

The proposed Five-Year CIP covers Fiscal Years 2023/24 through 2027/28, and staff will bring the item back to Council in two years to consider updates and adjustments for the next five-year CIP for fiscal years 2025/26 through 2029/30. Approval of the Two-Year Capital Budget will permit budget appropriations for FY 2023/24 starting July 1, 2023, and for FY 2024/25 starting on July 1, 2024.

FISCAL IMPACT: The recommended actions will approve the two-year capital budget for FY 2023/24 and FY 2024/25 and the updated five-year Capital Improvement Program for FY 2023/24 through FY 2027/28.

ENVIRONMENTAL REVIEW: Action on this item is not a project as defined by the Public Resources Code Section 21065 and CEQA Guidelines Section 15378, as exempt contin uing administrative and fiscal activity that does not involve a commitment to any specific project which may result in a potentially significant physical impact on the environment. The CIP and Capital Budget are planning tools used to identify future capital projects, anticipated times for implementation, and potential funding sources. Appropriate environmental review will be conducted upon further development and implementation of specific projects.

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Council Staff Report (ID # 4925) Meeting of June 13, 2023 Updated: 6/7/2023 10:14 AM by Alberto Quintanilla Page 2 ATTACHMENTS: None. (Do not list the attachments here, any uploaded attachments will automatically be added here when an agenda is generated.)

WEBLINK:
https://www.fremont.gov/home/showdocument?id=13291&t=638206119720128799

ATTACHMENTS:
• Draft Resolution- CIP

RECOMMENDATIONS:

1. Hold a public hearing on the proposed five-year FY 2023/24 - 2027/28 Capital Improvement Program and two-year Capital Budget FY 2023/24 and FY 2024/25.

2. Find action is exempt from the requirements of CEQA.

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Resolution 2023-XX Page 1 of 2 DRAFT

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM
(CIP) FOR FISCAL YEARS 2023/24 THROUGH 2027/28 AND TWO-YEAR CAPITAL BUDGET FOR FISCAL YEARS 2023/24 AND 2024/25
WHEREAS, a proposed five -year Capital Improvement Program (CIP) for Fiscal Years 20 23/24 through 2027/28 (the “Proposed CIP”) , prepared by the City Manager , facilitates planning and construction of capital projects consistent with City Council priorities; and

WHEREAS, the Proposed CIP with the accompanying two-year Capital Budget (FY 2023/24 and FY 2024/25) is on file and available for review with the City Clerk, and is accessible on the City’s website; and

WHEREAS, staff presented the Proposed CIP to the City Council on May 16, 2023, along with the proposed two-year Capital Budget, and the City Council held public hearings on June 6, 2023, and June 13, 2023; and

WHEREAS, the Recreation Commission has reviewed the Proposed CIP for parks and recreation projects and recommends its adoption; and

WHEREAS, the Planning Agency has reviewed the Proposed CIP and finds it to be in conformance with the General Plan; and

WHEREAS, the City Council has considered the Proposed CIP, along with any adjustments the Council considered desirable, and the accompanying Capital Budget.

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

SECTION 1. The City Council finds that the facts set forth in the recitals to this resolution are true and correct.

SECTION 2. The City Council adopts the proposed Five-Year Capital Improvement Program for Fiscal Years 2023/24 through 2027/28, as it may have been amended by the City Council during the meeting of June 13, 2023, and the Two-Year Capital Budget for Fiscal Years 2023/24 and 2024/25.

SECTION 3. The City Manager is directed to incorporate amendments to the Proposed CIP that might have been made by the City Council during the meeting of June 13, 2023, if any, into a final document titled “APPROVED CIP FOR FISCAL YEARS 2023/24 – 2027/28,” which shall be filed in the office of the City Clerk.

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Attachment: Draft Resolution- CIP (4925 : CAPITAL IMPROVEMENT PROGRAM)

Resolution 2023-XX Page 2 of 2 SECTION 4. The CIP for FY 2023/24– 2027/28 shall include all components identified in the Table of Contents of the Proposed CIP, specifically including:

a. The City’s long term capital debt policy.

b. Authorization for the City Manager to adjust the timing of appropriations approved by the City Council.

c. Authorization for the City Manager to transfer appropriations up to $50,000 per project from the Capital Improvement Program Cost and Scope Contingency (PWC 8101) and the Emerging Project Reserve (PWC 7101) as necessary.

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- CIP (4925 : CAPITAL IMPROVEMENT PROGRAM) Fremont City Council Meeting: 06/13/23 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Budget

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4924) DOC ID: 4924
Updated: 6/8/2023 7:39 AM by Alberto Quintanilla Page 1 SECOND PUBLIC HEARING AND ADOPTION OF FY 2023/24 OPERATING BUDGET AND APPROPRIATIONS LIMIT - Second Public Hearing (Published Notice) and Adoption of the FY 2023/24 Operating Budget and Appropriations Limit
Contact Persons:

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

Executive Summary: Staff recommends that the City Council hold the second public hearing on the FY 2023/24 Proposed Operating Budget, and adopt resolutions approving the budget and the constitutional appropriations limit.

BACKGROUND: Staff presented the FY 2023/24 Proposed Operating Budget to the City Council during a televised City Council meeting on May 16, 2023, and the City Council held the first public hearing on the proposed budget on June 6, 2023. The budget identifies total appropriations, including all funds, for FY 2023/24 in the amount of $442.8 million. The General Fund portion of the total is $278.1 million. Following tonight’s second public hearing, the Council may adopt the budget.

Article XIIIB of the California State Constitution imposes a limit on annual appropriations funded from taxes and certain regulatory fees, user fees, and investment earnings. The appropriations limit is often referred to as the “Gann limit.” The appropriations limit is adjusted from year to year using adjustment factors that must be adopted annually by the City Council.

DISCUSSION/ANALYSIS: Staff has calculated the FY 2023/24 appropriations limit in accordance with Article XIIIB of the California State Constitution. The appropriations limit is adjusted annually to reflect both the percentage change in population and the percentage change in cost of living.

The percentage change in population for each city is provided by the State Department of Finance, which also provides the percentage change in California per capita personal income. As an alternative to the percentage change in personal income as a cost of living factor, local agencies may choose to use the percentage change in the local assessment roll from the preceding year due to the addition of local nonresidential new construction. The Alameda County Assessor’s Office annually provides information on the value of nonresidential new construction by city.

As the California per capita change in personal income is 4.44%, while the percentage change in the City’s assessment roll due to the value of nonresidential new construction is

0.05%, staff recommends that the City Council adopt the percentage change in per capita

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Council Staff Report (ID # 4924) Meeting of June 13, 2023 Updated: 6/8/2023 7:39 AM by Alberto Quintanilla Page 2 personal income as the cost of living factor to be used in calculating the FY 2023/24 appropriations limit.

Using the percentage change in City population of 0.15% and the percentage change in California per capital personal income of 4.44%, the appropriations limit for FY 2023/24 is calculated to be $917.8 million. Based on the proposed General Fund operating budget of $278.1 million, the City is not at risk of exceeding the appropriations limit. The Appropriations Limit Resolution attachment describes in more detail the methodology for calculating the appropriations limit.

FISCAL IMPACT: Total General Fund budgeted revenues and transfers in in the coming fiscal year of $291.3 million will be more than adequate to support total budgeted expenditures and transfers out of $278.1 million, and the $917.8 million appropriations limit far exceeds the proposed appropriations.

ENVIRONMENTAL REVIEW: Action on this item represents a fiscal, organizational, and/or 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/home/showdocument?id=9158&t=637886311344670000

ATTACHMENTS:
• Draft Resolution - FY 2023/24 Appropriations Limit
• Draft Resolution - FY 2023/24 Budget Resolution

RECOMMENDATIONS:

1. Hold a public hearing on the proposed operating budget for FY 2023/24.

2. Adopt a resolution approving the City of Fremont FY 2023/24 Operating Budget.

3. Adopt a resolution creating an appropriations limit of $917,853,080 for FY 2023/24.

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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

ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR
2023/24 FOR THE CITY OF FREMONT

WHEREAS, Article XIIIB of the California Constitution (enacted with the passage of Proposition 4 in 1979; with modifications under Proposition 111, passed by the voters of California in June 1990; and implemented by California Government Code Sections 7900, and following), speci fies that appropriations of governmental entities may increase by an amount not to exceed the change in population and the change in either the California per capita income or the change in non -residential assessed valuation due to new construction within the City; and
WHEREAS, documentation used in the determination of the fiscal year 2023/24 appropriations limit has been available to the public prior to City Council’s determination in this matter, as required by Government Code Section 7910.

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

SECTION 1 . Pursuant to the appropriations limit formula set forth by Government Code Sections 7900-7913, the City Council does hereby establish the appropriations limit for fiscal year 2023/24 for the City of Fremont a t $917,853,080 , as documented in Exhibit A, attached hereto and incorporated herein by reference.

SECTION 2. The City Council of the City of Fremont adopts the following adjustment factors for use in determining the fiscal year 2023/24 appropriations limit:

Population Factor: The percentage change in the City’s population from January 1 of the preceding calendar year to January 1 of the current calendar year , as provided in the State of California Department of Finance “Price and Population Information ” publication, dated May 2023.

Per Capita Personal Income : The percentage change in California per capital personal income from the preceding year as provided i n the State of California Department of Finance “Price and Population Information” publication , dated May 202 3. ///
///
///

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Attachment: Draft Resolution - FY 2023/24 Appropriations Limit (4924 : SECOND PUBLIC HEARING - FY 2023/24 OPERATING BUDGET) Resolution 2023-XX Page 2 of 3

SECTION 3. This resolution shall take effect immediately upon its adoption.

ADOPTED June 13, 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 - FY 2023/24 Appropriations Limit (4924 : SECOND PUBLIC HEARING - FY 2023/24 OPERATING BUDGET) Resolution 2023-XX Page 3 of 3 Exhibit A to Resolution No. 2023-XX
Article XIIIB of the California Constitution (enacted with the passage of Proposition 4 in 1979, with modifications under Proposition 111 passed in June 1990, and implemented by California Government Code sections 7900, and following) provides the basis for the appropriations limitation. In brief, the City’s appropriations growth rate is limited to changes in population and either the change in California per capita income or the change in the local assessment roll due to new, non-residential construction. The formula to be used in calculating the growth rate is:
% change in population + 100
100
multiplied by either
% change in per capita income + 100
100
or
% change in assessment roll due to non-residential construction + 100 100
The resultant factor times the previous appropriations limit equals the new appropriations limit.

Both the California per capita personal income price factor and the population percentage change factor are provided by the State Department of Finance to local jurisdictions each year. The population percentage change factor estimates the change in the City’s population between January of the previous fiscal year and January of the current fiscal year. Reports that present changes in new non-residential assessed value are provided by the County of Alameda. These numbers provide the basis for the factor to be used in the City’s calculation of the appropriations limit. Of the two methods above, the City is using the “per capita personal income” factor because it results in the higher appropriations limit.

In May 2023, the State Department of Finance notified each city of the population change factor and the per capita personal income factor to be used in determining the appropriations limit. The percentage change in per capita income is 4.44%. The calculation as applied to the City of Fremont for FY 2023/24 is as follows:

The population change on January 1 of the previous year (229,122) compared to the population on January 1, 2023 (229,467) is 345, or a 0.15% increase.

The change in per capita personal income is 4.44%.

The factor for determining the year-to-year increase is computed as:

0.15 + 100 X 4.44 + 100 = 1.0460
100 100
Applying this year’s factor of 1.0460 to last year’s limit of $877,488,604 yields the Appropriations Limit for FY 2023/24 of $917,853,080.

Based on an operating budget of $278,052,000 Fremont is not at risk of exceeding the appropriations limit. The Appropriations limit is adopted by the City Council concurrently with the adoption of the FY 2023/24 operating budget.

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RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

ADOPTING THE CITY OPERATING BUDGET FOR FISCAL YEAR JULY 1, 2023 THROUGH JUNE 30, 2024
WHEREAS, the City Manager has prepared a municipal budget for the fiscal year ending June 30, 2024, titled “City of Fremont, Fiscal Year 2023/24 Proposed Operating Budget” (“Proposed Budget”), a copy of which is on file in the office of the City Clerk and available to the public; and
WHEREAS, the City Council has examined the Proposed Budget, has conferred with the City Manager and appropriate staff in public sessions, and has deliberated and considered the Proposed Budget during public hearings.

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

SECTION 1. The City Manager is hereby directed to prepare the final budget, in substantial conformance with the Proposed Budget, and as directed by the City Council, for the fiscal year July 1, 2023 through June 30, 2024. The final budget shall be the titled “City of Fremont, Fiscal Year 2023/24 Adopted Operating Budget.” The final budget may be referred to as “the Budget,” and a copy of the Budget shall be filed in the office of the City Clerk. The Budget is hereby adopted and approved.

SECTION 2. The City Manager is hereby authorized to implement the Budget as set forth in this resolution. The City Manager may delegate the authority to implement this resolution to the Finance Director, or other designated City employees.

SECTION 3. The City Manager is authorized to transfer appropriations as needed from savings available in any account in the Budget to any other accounts within the same fund to meet overall Budget requirements.

SECTION 4. The City Manager is authorized to transfer among various funds amounts designated as “Transfers” in the Budget in increments and at intervals determined by the City Manager.

SECTION 5. The City Manager is authorized to increase appropriations for fiscal year 2023/24 expenditures in an amount not to exceed the amount of funds encumbered, but not yet expended, from fiscal year 2022/23. The actual amount of the increased appropriation due to encumbrances will be reported to the City Council as part of the fiscal year 2022/23 year-end financial report.

SECTION 6. When revenue estimates for the Development Services cost center exceed the amount identified in the Budget due to increases in development and fee activity as verified by the Finance Director, the City Manager is authorized to increase appropriations for fiscal year 2023/24 expenditures in an amount not to exceed the amount of increased revenue. Approval of increased appropriations shall be made in writing by the City Manager, filed with the Finance

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Director, and reported to the City Council as part of the fiscal year 2023/24 year-end financial report. The multiplier used to calculate billing rates for planning services and engineering services provided by the Development Services cost center will be 3.25.

SECTION 7. When revenue estimates for the Recreation cost center exceed the amount identified in the Budget due to increases in recreation fee activity as verified by the Finance Director, the City Manager is authorized to increase appropriations for fiscal year 2023/24 expenditures in an amount not to exceed the amount of increased revenue. Approval of increased appropriations shall be made in writing by the City Manager, filed with the Finance Director, and reported to the City Council as part of the fiscal year 2023/24 year-end financial report.

SECTION 8. When revenue estimates exceed the amount identified in the Budget due to increases in grant or fee revenues as verified by the Finance Director, the City Manager is authorized to increase appropriations for fiscal year 2023/24 expenditures in an amount not to exceed the amount of increased revenue. Approval of increased appropriations shall be made in writing by the City Manager, filed with the Finance Director, and reported to the City Council as part of the fiscal year 2023/24 year-end financial report.

SECTION 9. When higher than anticipated revenue activity in the General Fund results in increased costs to directly support that activity (e.g., automated traffic enforcement), the City Manager is authorized to increase appropriations for fiscal year 2023/24 expenditures in an amount not to exceed the amount of increased revenue. Approval of increased appropriations shall be made in writing by the City Manager, filed with the Finance Director, and reported to the City Council as part of the fiscal year 2023/24 year-end financial report.

SECTION 10. The City Manager is authorized to appropriate and transfer funds from the General Fund, or other funds from which personnel costs are budgeted, to the Risk Management Fund in the amounts necessary to maintain adequate funding of the workers’ compensation and general liability reserves based on the actuarial valuation reports for these programs as of June 30, 2023, to the extent that the necessary amounts are available as unencumbered ending fund balance.

SECTION 11. The City Manager is instructed to use restricted funding sources in accordance with the requirements of the funding sources prior to using funds with unrestricted resources in order to allow the City the greatest flexibility in meeting its financial obligations.

SECTION 12. Each Councilmember is authorized $6,500, and the Mayor is authorized $20,000, for Council travel and expense reimbursement, to be utilized in accordance with the Council Travel Budget and Expense Reimbursement Policy.

SECTION 13. The City Manager is instructed to implement all policies contained in the “Policies” section of the Budget.

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SECTION 14. This resolution shall take effect immediately upon its adoption.

ADOPTED June 13, 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 - FY 2023/24 Budget Resolution (4924 : SECOND PUBLIC HEARING - FY 2023/24 OPERATING BUDGET)

Fremont City CouncilJune 13, 2023

Fremont City Council
June 13, 2023