Agenda packet, regular meeting — Fremont City Council, June 11, 2024

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Yang Shao, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Jenny Kassan, District 3
Raj Salwan, District 5
Teresa Cox, District 6

City Staff

Karena Shackelford, City Manager
Rafael Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
Allen DeMers, Deputy City Manager

Kim Beranek, Community Services Director
Geneva Bosques, Communications and
Legislative Affairs Director
LaShawn Butler, Interim Maintenance
Operations Director
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
Fremont City Council Agenda and
Report
June 11, 2024

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

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 Speak – Speaker Card” card in opposition may be
added to the consent calendar. The City Attorney will
read the title of ordinances to be adopted.

Spoken Public Communications and/or
Public Comment is limited to speakers
attending the meeting in-person in
City Council Chambers.

Agenda and Report - Fremont City Council Meeting - June 11, 2024

June 11, 2024 Fremont City Council Page 2
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING.

The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which provides a link to the live stream; or, via Comcast Channel 27.

Please note at this time, Channel 27 is only available to Comcast cable subscribers. The public may also view the meeting via Zoom, 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.

Attending June 11, 2024 City Council meeting online via Zoom https://us06web.zoom.us/j/81986648724
Meeting ID: 819 8664 8724

Addressing the Council

Spoken Public Communications / Public Comment is limited to persons attending the Council Meeting in the City Council Chambers.

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 & letter, 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/letter, 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, submit the pdf formatted document(s) to the email above by the noted deadline.

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 for items on the agenda:

Attend meeting in-person in the Council Chamber, fill out a “Request to Speak – Speaker Card” with the agenda item number & letter, and submit to the City Clerk. When the Mayor calls for the item on which you wish to speak, step to the podium to address the City Council. Please limit your remarks on matters related to the agency and to the time limit allotted.

How to provide Spoken Public Comment during the meeting for items not on the agenda (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. Attend the meeting in-person in the Council Chamber and 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 may limit the time allotted for public speakers, and each speaker may only address the Council once on each agenda item.

The City Council Agendas may be accessed online: https://www.fremont.gov/government/agenda-center

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

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] at least two working days prior to the meeting for assistance.

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

June 11, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
June 11, 2024
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Councilmember Kassan from:

Hotel Revival
Lounge
101 W Monument St,
Baltimore, MD 21201

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. CITY HALL ENTRYWAY IMPROVEMENT PROJECT - Approval of Plans and Specifications; Award of Construction Contract to Silicon Valley Paving, Inc. in the Amount of $417,684.50 (includes 20% Contingency) for the City Hall Entryway Improvement Project (PWC9030B); Make Findings of CEQA Exemption
Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Principal Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the City Halll Entryway Improvement Project (PWC9030B):

1. Approve the plans and specifications for the project.

June 11, 2024 Fremont City Council Page 4

2. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Silicon Valley Paving, Inc., Inc. in the amount of $347,684.50 and allocate a 20% construction contingency in the amount of $70,000 for a total construction contract amount of $417,684.50 and authorize the City Manager or designee to execute the contract.

3. Find this project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing) and Section 15302 (replacement or reconstruction of existing structures/facilities).

D. ACCEPT DONATIONS FOR THE ROSE GARDEN PROJECT AT CALIFORNIA NURSERY HISTORICAL PARK - Accept and Authorize City Manager or her designee to execute grant agreements for $400,000 from Mr. Hemant Gupta and $250,000 From the Fremont Bank Foundation Toward the Construction and Maintenance of the new Rose Garden Project at California Nursery Historical Park, PWC8837C; Appropriate Donated Funds; Find the grant acceptance exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines sections: (1) 15162 and 15163, (2) 15304 and (3) 15378(b).

Contact Persons:

Name: Roger Ravenstad Kim Beranek
Title: Parks Planning and Design
Manager
Community Services Director
Dept: Landscape Architecture Community Services
Phone: 510-494-4723 510-494-4330
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Find that accepting grants to supplement the budget for the Rose Garden at the California Nursery is exempt from review under the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Sections 15162 and 15163, (2) CEQA Guidelines Section 15304 and (3) CEQA Guidelines Section 15378(b).

2. Authorize the City Manager or designee to accept the grant, execute an agreement with the Fremont Bank Foundation to grant $250,000 toward the construction and maintenance of roses at the Rose Garden at California Nursery Historical Park, and deposit and appropriate the donated funds to PWC8837-502.

3. Authorize the City Manager or designee to accept the grant, execute an agreement with Mr. Hemant K. Gupta to grant $400,000 toward the construction and maintenance of roses at the Rose Garden at California Nursery Historical Park, and deposit and appropriate the donated funds to PWC8837-502.

June 11, 2024 Fremont City Council Page 5
E. CALIFORNIA NURSERY HISTORICAL PARK ENTRY PLAZA (PWC8837C) - Approve the Plans and Specifications for the California Nursery Historical Park Entry Plaza Project, Award a Construction Contract to Silicon Valley Paving, Inc. for the Bid Amount of $1,917,330.50, plus a 15% Construction Contingency Amount of $287,600, for a Total Construction Contract Amount of $2,204,930.50 for the California Nursery Historical Park Entry Plaza Project, for which an Environmental Impact Report (EIR) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).

Contact Persons:

RECOMMENDATIONS:

1. Find the project is consistent with the adopted California Nursery Historical Park Master Plan, for which an Environmental Impact Report (EIR) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).

2. Approve the Plans and Specifications for the California Nursery Historical Park Entry Plaza (PWC8837C).

3. Accept the bid, award a construction contract and authorize the City Manager or her designee to execute a contract for the California Nursery Historical Park Entry Plaza Project with Silicon Valley Paving, Inc. for the amount of $1,917,330.50 and a 15% contingency amount of $287,600 for a total construction contract amount not to exceed $2,204,930.50.

F. SPECIAL EVENT SPONSORSHIP PROGRAM – Approve Special Event Sponsorship Awards for FY 2024/25
Contact Persons:

Name: Aly Flores Amy Gee
Title: Public Affairs Management
Analyst
Public Affairs Manager
Dept: Police Department Police Department
Phone: 510-790-6947 510-790-6967
E-Mail: [email protected] [email protected]

RECOMMENDATION: Allocate FY 2024/25 special event sponsorship awards to the thirteen eligible events as specified in this report.

G. HOUSEHOLD HAZARDOUS WASTE DROP-OFF FACILITY FUNDING
AGREEMENT AMENDMENT- Approve Amendment to Memorandum of Understanding with the Alameda County Waste Management Authority (StopWaste) to Extend Agreement Term and Fund Operational Costs of the Fremont Household Hazardous Waste Drop-Off Facility Through June 30, 2029 and Making Findings of CEQA Exemption
Contact Persons:

Name: Kathleen Cote-Guarnieri Dan Schoenholz
Title: Environmental Services
Manager
Community Development Director
Dept: Environmental Services Community Development
Phone: 510-494-4583 510-494-4438
E-Mail: [email protected] [email protected]

June 11, 2024 Fremont City Council Page 6
RECOMMENDATION: Authorize the City Manager or her designee to execute an amendment to the Memorandum of Understanding for Household Hazardous Waste Services with the Alameda County Waste Management Authority (StopWaste) as described in this staff report and take all reasonable actions necessary and appropriate to implement same.

H. RELEASE OF LAND USE COVENANT - Approve Release of Covenant Relating to Use of Lots 2 & 3 of Parcel Map 3503 for Property Owned by Good Shepherd Residences, Inc., and Making Findings of CEQA Exemption Contact Persons:

Name: Sharon Jones Dan Schoenholz
Title: Special Assistant Community Development Director Dept: Housing Community Development
Phone: 510-494-4536 510-494-4438
E-Mail: [email protected] [email protected]

RECOMMENDATION: Find that the release of the restrictive covenant is exempt from CEQA, review and approve the Release of Covenant related to Parcel Map 3503 for property owned by Good Shepherd Residences, Inc., and authorize the City Manager or her designee to sign a Release of Covenant substantially in the form as the attachment to this Report, and to take all steps necessary and appropriate to implement the same.

I. RENEWAL OF THE CITY’S ACTIVITY, FACILITY RESERVATION AND REGISTRATION SOFTWARE – Authorize the City Manager, or Designee, to Renew Agreement and Issue Purchase Orders with Active Network, LLC, (Active) for the Annual Software Support, Subscription, and Maintenance of the Web-based Solution
Contact Persons:

Name: Michael Sa Kim Beranek
Title: Recreation Superintendent II Community Services Director Dept: Recreation Services Community Services
Phone: 510-494-4372 510-494-4330
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or her designee, to issue a purchase order and execute implementing and amending documents with Active Network LLC, for the Annual Software Support, Subscription, and Maintenance of the Active Net Web-based Solution in an amount not-to-exceed $305,000 for a five-year term.

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

Name: Joe Fan David Persselin
Title: Management Analyst II Finance Director
Dept: Finance Department Finance Department
Phone: (510) 494-4637 510-494-4631
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution approving the City’s Investment Policy for FY 2024/25 and delegating the City Council’s authority to invest and reinvest public funds, and to sell or exchange securities so purchased, to the Finance Director/Treasurer for one year or until earlier revoked by the City Council.

June 11, 2024 Fremont City Council Page 7
K. PASEO PADRE PARKWAY INTERSECTION IMPROVEMENTS - Approve a Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc., in the Amount of $475,387 (including 20% contingency), f or Design Services for the Paseo Padre Parkway Complete Street Project (PWC9092); Make Findings of CEQA Exemption
Contact Persons:

Name: Daniel Miller Hans Larsen
Title: Associate Transportation
Engineer
Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4789 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the Paseo Padre Parkway Complete Street Project (PWC9092):

1. Authorize the City Manager or her designee to execute a Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, in an amount not to exceed $475,387 for design services.

2. Find that the actions are exempt from environmental review, each as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment). Environmental review will be conducted as part of the project environmental clearance process, as appropriate.

3. Ceremonial Items
A. Proclamation: National Gun Violence Awareness Day (First Day of June) B. Resolution: Honoring Parks Planning and Design Manager Roger Ravenstad for Twenty-Six Years of Service Upon his Retirement

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

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
June 11, 2024 Fremont City Council Page 8

5. Scheduled Items
A. SECOND PUBLIC HEARING AND ADOPTION OF FY 2024/25 OPERATING BUDGET AND APPROPRIATIONS LIMIT - Conduct a Second Public Hearing (Published Notice) and Adopt Resolutions Adopting FY 2024/25 Operating Budget and Establishing Appropriations Limits
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 2024/25.

2. Adopt a resolution approving the City of Fremont FY 2024/25 Operating Budget.

3. Adopt a resolution creating an appropriations limit of $945,113,316 for FY 2024/25.

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 11, 2024 Fremont City Council Page 9

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 11, 2024 Fremont City Council Page 10

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 June 11, 2024 5:45 p.m. City Council Closed Session
Meeting
Council
Chambers Live
June 11, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
June 18, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
June 25, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
July 2, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
July 9, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
July 16, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
July 23, 2024 CANCELLED: CC/FUSD
Liaison Committee Meeting
July 30, 2024 No 7PM City Council Meeting
(5th Tuesday)
August Recess Council in Recess until
September
September 3, 2024 7:00 p.m. City Council Meeting Council Chambers Live
September 10, 2024 7:00 p.m. City Council Meeting Council Chambers Live
September 17, 2024 7:00 p.m. City Council Meeting Council Chambers Live
September 24, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
October 1, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
Monday,
October 7, 2024 5:30 p.m. CC/FUSD Joint Meeting FUSD Hosts Live October 8, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
October 15, 2024 7:00 p.m. City Council Meeting Council Chambers Live
October 22, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
October 29, 2024 No 7PM City Council Meeting
(5th Tuesday)

Fremont City Council Meeting: 06/11/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5184) DOC ID: 5184
Updated: 6/5/2024 3:52 PM by Dina Lewis Page 1
CITY HALL ENTRYWAY IMPROVEMENT PROJECT - Approval of Plans and Specifications; Award of Construction Contract to Silicon Valley Paving, Inc. in the Amount of $417,684.50 (includes 20% Contingency) for the City Hall Entryway Improvement Project (PWC9030B); Make Findings of CEQA Exemption Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Principal Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to initiate the construction of a project to upgrade existing public access to Fremont City Hall from the Capitol Avenue area, in order to advance compliance with the Americans with Disabilities Act (ADA).

BACKGROUND: The City Hall Buildings A and B are located at 3300 Capitol Avenue, and they provide approximately 90,000 square-feet of office space for various City functions including the City Council Chambers, City Manager’s Office, City Attorney’s Office, City Clerk’s Office, and the departments of Community Services, Economic Development, Finance, Human Resources, Human Services and Information Technology.

On September 12, 2023, the City Council approved the roof replacement project for City Hall Buildings. In conjunction with this work, ADA upgrades to meet current standards for accessibility from Capitol Avenue and the parking lot were planned to follow under a separate contract. This ADA upgrade project includes construction of a new pathway from Capitol Avenue, ADA compliant parking spaces, new entryway improvements including a new hardscape and landscaped entryway to the City Hall entrance with plant selections similar to Capitol Avenue. The project also includes the removal of an existing flagpole and the installation of two new matching flagpoles in an area conducive to ceremonial gatherings.

Construction is anticipated to be completed during the City Council meeting recess period from mid-July through August 2024.

DISCUSSION/ANALYSIS: Bids for this project were opened on May 21, 2024. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $300,000.

Bidder Bid Amount

1. Silicon Valley Paving, Inc. $347,684.50

2. Frontline General Engineering Construction, Inc. $372,260.08

The low bidder for this project, Silicon Valley Paving, Inc., submitted a responsive bid and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has satisfactorily completed contracts of this nature with the City and other nearby local agencies.

2.C
Packet Pg. 11
Council Staff Report (ID # 5184) Meeting of June 11, 2024 Updated: 6/5/2024 3:52 PM by Dina Lewis Page 2

Project Costs and Funding:

Estimated Project Costs
Construction Cost (Lowest Responsible Bid) $347,684.50
Construction Inspection, Surveying and Administration (15%) 52,000.00 Construction Contingency (20%) 70,000.00
Total Estimated Project Costs $469,684.50

Source of Funding:

PWC8877 – Fund 501 – General Fund (ADA Upgrades)
PWC9095 – Fund 501 – General Fund (City Hall Building
Rehabilitation)
$390,000.00
80,000.00

Total Funding Available $470,000.00

FISCAL IMPACT: Based on the contract amount and project cost estimates, there are sufficient funds budgeted for this project.

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. It is further exempt under CEQA Guidelines, Section 15302, as a reconstructed structure that will have substantially the same purpose and capacity as the structure replaced.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the City Halll Entryway Improvement Project (PWC9030B):

1. Approve the plans and specifications for the project.

2.C
Packet Pg. 12
Fremont City Council Meeting: 06/11/24 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Acceptance of Donations

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5129) DOC ID: 5129 C
Updated: 6/5/2024 4:24 PM by Dina Lewis C Page 1

ACCEPT DONATIONS FOR THE ROSE GARDEN PROJECT AT CALIFORNIA NURSERY HISTORICAL PARK - Accept and Authorize City Manager or her designee to execute grant agreements for $400,000 from Mr. Hemant Gupta and $250,000 From the Fremont Bank Foundation Toward the Construction and Maintenance of the new Rose Garden Project at California Nursery Historical Park, PWC8837C; Appropriate Donated Funds; Find the grant acceptance exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines sections: (1) 15162 and 15163, (2) 15304 and (3) 15378(b).

Contact Persons:

Name: Roger Ravenstad Kim Beranek
Title: Parks Planning and Design Manager Community Services Director Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4723 510-494-4330
E-Mail: [email protected] [email protected]

Executive Summary: Staff recommends the City Council accept and appropriate two private grants to the City of Fremont and authorize the City Manager or her designee to execute grant agreements. The first grant is from Mr. Hemant Gupta in the amount of $400,000 and the second grant is from the Fremont Bank Foundation in the amount of $250,000, for a combined contribution of $650,000 toward the construction and maintenance of the new Rose Garden at California Nursery Historical Park. A companion item on tonight’s City Council agenda recommends the award of a construction contract to build the rose garden and entry plaza.

BACKGROUND: The California Nursery Historical Park Master Plan was adopted by the City Council on December 12, 2017, and it included an entry plaza and ornamental garden, which would create a grand entrance to the park and future interpretive center. The new formal garden was also intended to fully function as a stand-alone facility to support small events and gatherings. This project is funded as part of the California Nursery Master Plan project (PWC8837) that was initially funded in the FY 2013/14–2017/18 Capital Improvement Program (CIP), with additional funding allocated in the FY 2017/18–2023/24 CIP.

In 2021, Hemant Gupta and Fremont Bank Foundation approached the City with a desire to participate in the creation of a new rose garden in a City park. After consideration, staff and the donors agreed that California Nursery Historical Park would be the ideal location for a new rose garden and that the formal garden concept was already contemplated in the adopted Master Plan as a new entry feature at the park. The location has the added advantage of being adjacent to the existing smaller historic rose garden and would serve to expand on the notion of promoting the history of California Nursery and the type of plants available during the heyday of the nursery’s operations. The project will also serve as a contemplation space for visitors and an educational offering at the park for people to learn about and appreciate the many different varieties of roses.

2.D
Packet Pg. 13
Council Staff Report (ID # 5129) Meeting of June 11, 2024 Updated: 6/5/2024 4:24 PM by Dina Lewis C Page 2

DISCUSSION/ANALYSIS: The two grantees have proposed to donate their respective amounts over two calendar years, with the first half in 2024 and the second half in 2025.

The grants will support construction and will provide funding for the City to contract with a professional rosarian to manage the roses for many years. The amounts with be granted according to the following schedule:

Donor 2024 2025
Total
Donation(s)
Fremont Bank Foundation $125,000 $125,000 $250,000
Mr. Hemant K. Gupta 200,000 200,000 400,000
Total $325,000 $325,000 $650,000

The grant will be memorialized through grant agreements. The grant agreements will include recognition of the grantees by installing a plaque at the Rose Garden with the grantees’ names for thirty years.

A separate City Council item is on tonight’s agenda recommending the award of the construction contract. This separate item outlines the project scope, schedule, and financing for the Rose Garden at California Nursery Historical Park.

FISCAL IMPACT: The recommended actions would increase the estimated revenues and appropriations for the California Nursery Master Plan project by $650,000.

ENVIRONMENTAL REVIEW: The grants to supplement funding for the Rose Garden at the California Nursery Historical Park are exempt from further environmental review under the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) the proposed Rose Garden is part of the project analyzed in the California Nursery Historical Park Master Plan EIR (SCH# 2015062024) and none of the circumstances necessitating preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163 are present; (2) CEQA Guidelines Section 15304, Class 4, as a minor alteration to land by adding additional plantings to an established park; and (3) CEQA Guidelines Section 15378(b) as it can be seen with certainty that there is no possibility that accepting the grant application may have a significant effect on the environment.

ATTACHMENTS: None.

RECOMMENDATIONS:

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Fremont City Council Meeting: 06/11/24 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5130) DOC ID: 5130 A
Updated: 6/5/2024 4:20 PM by Dina Lewis A Page 1
CALIFORNIA NURSERY HISTORICAL PARK ENTRY PLAZA (PWC8837C) - Approve the Plans and Specifications for the California Nursery Historical Park Entry Plaza Project, Award a Construction Contract to Silicon Valley Paving, Inc. for the Bid Amount of $1,917,330.50, plus a 15% Construction Contingency Amount of $287,600, for a Total Construction Contract Amount of $2,204,930.50 for the California Nursery Historical Park Entry Plaza Project, for which an Environmental Impact Report (EIR) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).

Contact Persons:

Executive Summary: This report recommends the City Council approve the Plans and Specifications for the California Nursery Historical Park Entry Plaza Project; Award a contract to Silicon Valley Paving, Inc. for the bid amount of $1,917,330.50, allocate a 15% Construction Contingency amount of $287,600, for a total construction contract amount of $2,204,930.50; Find the project is consistent with the adopted California Nursery Historical Park Master Plan, for which an Environmental Impact Report (EIR) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).

BACKGROUND: The California Nursery Historical Park Entry Plaza project is part of the California Nursery Historical Park Master Plan, adopted by the City Council on December 12, 2017. The plan aims to enhance the front portion of the site to support its current use and expand its capabilities for special events and small group gatherings while maintaining its role as a passive recreation space. This plaza and entryway include decorative walkways with rose planting beds and ornamental rose planting beds to form a grand entrance to the future Interpretive Center building and other elements of the historic nursery. These beds will be an artistic interpretive display of “the character of the nursery”. A key objective is to preserve the site’s historical and cultural landscape elements and provide a gathering area and community space that can be used as a venue for small outdoor events. The entry plaza will feature a rose garden showcasing a variety of roses, including some that resemble those historically cultivated and sold by the California Nursery, allowing the community to enjoy and appreciate the site’s rich history.

The initial phase of the California Historical Park Master Plan was completed in October 2021, establishing the framework for future development of the park. This phase included installation of primary underground utility infrastructure and various improvements across the site, including fire suppression infrastructure, electrical and data upgrades, plazas, parking lot, walkways, site furnishings, and planting and irrigation systems.

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Following the completion of the first phase, the Entry Plaza project marks the onset of the second phase of the California Historical Park Master Plan. This project focuses on the construction of an entry plaza and rose garden comprising approximately one acre near the park entrance. Improvements include modifications to the main entry driveway, installation of an additional storm drain system, walkways, pavers, decomposed granite, and other amenities, including a seat wall, arbors, site furnishing, landscape lighting, planting, and irrigation systems.

This project is scheduled to begin construction in August 2024, and to be completed by December 2024.

The City is anticipating two grants, one from Mr. Hermant Gupta and one from Fremont Bank Foundation, for a combined total of $650,000 toward the construction and maintenance of roses at this new Rose Garden at California Nursery Historical Park. There is a separate City Council agenda item to consider accepting these donations on tonight’s agenda.

DISCUSSION/ANALYSIS:

Bid Results: The project was advertised for bid on April 30, 2024, and on May 21, 2024, the City received two bids. The lowest bid, submitted by Silicon Valley Paving, Inc., was $1,917,330.50. The bid results are as follows:

Contractor Base Bid Total Rank
Silicon Valley Paving, Inc. $1,917,330.50 * 1
Buhler Commercial $2,214,405.00 2

*Bid is mathematically corrected

The City’s estimate is $1,530,000. The low bidder for the project, Silicon Valley Paving, Inc, is a responsible bidder experienced in this type of work. Their bid is responsive, and all bid documents are in order.

FISCAL IMPACT:

Project Costs and Funding: The California Nursery Historical Park Entry Plaza project is to be funded with $2,204,930.50 of Park Facility Impact Fee, from the California Nursery Master Plan, PWC8837 Fund 540. There is adequate funding for the construction bid, construction contingency, and estimated construction administration.

CA Nursery Historical Park Entry Plaza project:

Total Funds Available:

Park Facility Impact Fee $3,084,000

Planned Expenditures:

Construction Bid $1,917,331
Construction Contingency $287,600

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Construction Administration (Estimated) $421,813

Total Anticipated Remaining Balance after Construction (rounded): $457,256

The remaining balance will continue to fund additional projects underway that are consistent with the California Nursery Historical Park Master Plan. This balance reflects previously allocated funding and does not include the potential $650,000 grants from Mr. Hermant K.

Gupta and Fremont Bank Foundation.

ENVIRONMENTAL REVIEW: The California Nursery Historical Park Entry Plaza Project is consistent with the California Nursery Historical Park Master Plan, for which an Environmental Impact Report (EIR) (SCH#2015062024) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA). No changes to the project or its circumstances have occurred, and no new information has become available since certification of the EIR that would require preparation of additional environmental documentation or further environmental review.

ATTACHMENTS: None.

LINKS: Plans and Specifications for this project are available for review on the City of Fremont website at: https://www.fremont.gov/government/departments/parks-planning- design/design-projects/ca-nursery-historical-park-entry-plaza

RECOMMENDATIONS:

2. Approve the Plans and Specifications for the California Nursery Historical Park Entry Plaza (PWC8837C).

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Fremont City Council Meeting: 06/11/24 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5154) DOC ID: 5154
Updated: 6/6/2024 2:01 PM by Susan Gauthier Page 1
SPECIAL EVENT SPONSORSHIP PROGRAM – Approve Special Event Sponsorship Awards for FY 2024/25
Contact Persons:

Name: Aly Flores Amy Gee
Title: Public Affairs Management Analyst Public Affairs Manager Div/Dept: Police Department Police Department
Phone: 510-790-6947 510-790-6967
E-Mail: [email protected] [email protected]

Executive Summary: The Fremont City Council established the Special Event Sponsorship Program (SESP) in 2019 to support local organizations that host community events. Staff has completed the review and sponsorship award allocation process for special event organizers who submitted applications for FY 2024/25 and recommend the City Council approve the special event sponsorship awards described in this report.

BACKGROUND: In FY 2023/24, the City continued to support the SESP. The program has grown, with a larger pool of applicants as new events become eligible for the program. In FY 2023/24, the City Council allocated $300,000 for thirteen special events under the SESP. At the time of this report, final accounting for several events held in May and June of 2024 are pending as final reports are typically available 90 days after the event. One event, the Burger and Brew Fest, was canceled and it is anticipated that a total of $285,700 out of the $300,000 award budget for FY 2023/24 will be disbursed and/or reimbursed to event organizers for eligible expenses.

In December 2023, the City opened the SESP application process for FY 2024/25. The program remains accessible to established event organizers who 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, allowing for up to 50% of the event budget or the estimated cost for City services, whichever is higher, to be requested. Sponsorship awards are effective July 1 each year, contingent upon budget approval. The FY 2024/25 Proposed Operating Budget includes $350,000 of funding for the SESP. Recognizing the rising event expenses, many organizers rely on the City's sponsorship for the success of their events.

DISCUSSION/ANALYSIS: The FY 2024/25 special event sponsorship letter of intent process opened in December 2023, and the full application process opened on January 25, 2024, with a deadline of March 27, 2024. 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. City staff also hosted two virtual information sessions to discuss the program.

Applications Received and Eligibility Review: The City received thirteen eligible SESP applications by the deadline.

1. 4th of July Parade (Thursday, July 4, 2024)

2. 4th of July After Party (Thursday, July 4, 2024)

3. Fremont Street Eats (every Friday from July 1, 2024 - June 30, 2025)

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4. Festival of Arts (Saturday, August 3, 2024 and Sunday, August 4, 2024)

5. Niles Car Shows (Sunday, August 11, 2024 and Sunday, May 4, 2025)

6. Festival of India (Saturday, August 17, 2024 and Sunday, August 18, 2024)

7. Niles Antique Fair (Sunday, August 25, 2024)

8. Olive Festival (Saturday, October 5, 2024 and Sunday, October 6, 2024)

9. Gurdwara Diwali and New Year’s Eve (Friday, November 1, 2024 and Tuesday, December 31, 2024

10. Festival of Lights (Friday, November 29, 2024)

11. Chanukah Lighting (Sunday, December 29, 2024)

12. Arts Mosaic Fair (Saturday, April 26, 2025)

13. Burger and Brew (Saturday, May 31, 2025)

Applications were reviewed and scored for funding purposes. Staff from five City departments participated in the review process: Community Development, Community Services, Economic Development, Police, and Public Works. Reviewers provided Pass/No Pass scores and comments on the Narrative/Significance and Financial Capabilities/Event Execution sections of each application. All thirteen eligible applications received an overall passing score and are recommended for funding.

Sponsorship Award Allocation and Funding Recommendation: Staff calculated the estimated City service cost for each eligible event and used that as a guide for award allocation.

Funds are allocated pro-rata to each eligible applicant based on the estimated cost of City services. City services include but are not limited to those provided by Community Services, Fire, Police, Public Works, and/or City-approved vendors. Using this allocation method and rounding up to the nearest $100, Staff recommends the City Council award the funding amounts shown in the far-right table below. The proposed award is anticipated to cover 93% of City services estimated for each event.

Special Event City Services
Cost
Estimate
Proposed
Award

1. 4th of July Parade $ 26,690 $ 24,940

2. 4th of July After Party 1,850 1,730

2. Fremont Street Eats 14,630 13,670

3. Festival of Arts 136,150 127,240

4. Festival of India 80,770 75,490

5. Niles Car Show 3,510 3,280

6. Niles Antique Fair 41,900 39,160

8. Olive Festival 600 560

9. Gurdwara Diwali & New Year’s Eve 4,150 3,880

10. Festival of Lights 37,200 34,770

11. Chanukah Lighting 1,350 1,260

12. Arts Mosaic Fair 3,800 3,550

13. Burger & Brew 21,900 20,470
Total $374,500 $350,00

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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 30 days after final billing details from the City are available, whichever is later, 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 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 $350,000 was included in the FY 2024/25 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 not significantly affect the environment and no further CEQA review is required.

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

ATTACHMENTS:
• 2024-2025 SESP Guidelines and Application Checklist Rev Jan 2024

RECOMMENDATION: Allocate FY 2024/25 special event sponsorship awards to the thirteen eligible events as specified in this report.

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FY 2024/2025 SESP Guidelines and Application Checklist Page 1 of 8 Rev (01/03/2024)

FY 2024/2025 Special Events Sponsorship Program
Guidelines and Application Checklist

Letter of Intent (LOI) Deadline: Wednesday, January 10, 2024, 12:00 p.m. PT Application Deadline: Wednesday, March 27, 2024, 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 assistance 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/or cultural growth; and

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

The program is not intended to support events where the purpose is fundraising for a cause or to advocate for a political position. 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 for any political advocacy or for sole religious purposes.

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Attachment: 2024-2025 SESP Guidelines and Application Checklist Rev Jan 2024 (5154 : SPECIAL EVENT SPONSORSHIP PROGRAM – FY 2024/2025 SESP Guidelines and Application Checklist Page 2 of 8 Rev (01/03/2024) 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, 2024, and June 30, 2025 in the jurisdiction of City of Fremont;
o Event is not conducted as a fundraiser for a cause or advocate a political position; religious events must have an educational or cultural component o Event must support all four of the SESP program goals; o Event must require the use of City services on the day(s) of the event, specifically Police, Fire, Public Works, facility rental at the Downtown Event Center, and/or street closures conducted by City-approved vendors;
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, applicants must complete a letter of intent (LOI) per event per fiscal year, and upon LOI approval, 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 are 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 of 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.

Letter of Intent (LOI) Submission
The LOI is a simple webform that only takes a few minutes to complete. The form must be completed online by Wednesday, January 10, 2024, 12:00 p.m. at the following website:
https://www.fremont.gov/permits/special-event-permit/special-event-sponsorship/letter-of-intent-loi- online-form

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Attachment: 2024-2025 SESP Guidelines and Application Checklist Rev Jan 2024 (5154 : SPECIAL EVENT SPONSORSHIP PROGRAM – FY 2024/2025 SESP Guidelines and Application Checklist Page 3 of 8 Rev (01/03/2024) Special Event Sponsorship (SESP) Application Checklist
Once City staff approves the applicant’s Letter of Intent (LOI), applicants shall proceed to complete and submit a full application packet, as outlined below. For consideration of event sponsorship, all required documents for sponsorship and permit are due together by Wednesday, March 27, 2024, at 12:00 p.m. Incomplete applications will not be accepted. ☐ 1. Special Event Sponsorship Program (SESP) Application

☐ 2. Special Event Permit Application for High Impact Events • All sections must be completed; answers such as “same/TBD” are not acceptable. • The following items are required as part of the permit application:
☐ i. Event Program to include times, list of activities, and name of anticipated special VIPs or guests.
☐ ii.. Event Venue Contract/Permission, if applicable, indicating property usage permission. ☐ iii. 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. o Tent(s) & Stage(s) Plan required for stages, grandstands, bleachers, special seating, and/or enclosed tents.
o 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. o 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. ☐ iv. 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.
☐ v. 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.
☐ vi. If private parking lots are used, written permission from the property is required. ☐ vii. 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.
☐ viii. Public Safety and Crowd Management Plan, required for 1,000+ attendance. ☐ ix. Private Security Plan, if private security firm will be hired for the event. ☐ x. Daily ABC License Application required if alcohol is served. ☐ xi. Special Event Permit Application Fee of $200

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Attachment: 2024-2025 SESP Guidelines and Application Checklist Rev Jan 2024 (5154 : SPECIAL EVENT SPONSORSHIP PROGRAM – FY 2024/2025 SESP Guidelines and Application Checklist Page 4 of 8 Rev (01/03/2024)

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

☐ i. Finalized Event Program including confirmed VIP Guests ☐ ii. Certificate of Insurance for the event with at least $1 million liability insurance. ☐ a. Additional Insured Endorsement for the event explicitly listing the City of Fremont as additional insured.
☐ b. Certificate(s) of Insurance for each carnival ride vendor, if applicable, with at least $1 million liability insurance and all rides explicitly listed. ☐ c. Additional Insured Endorsement from carnival ride insurance explicitly listing the event organizer and the City of Fremont as additional insured. ☐ iii.. Alameda County Health Permit required if food is served. ☐ iv.. Approved Daily ABC License required if alcohol is served. ☐ v. Written Notification to nearby businesses and residents regarding impact of event, road closures, and/or parking.
☐ vi. Vendor Contract(s) for major services, such as stages, security, portable toilets, trash, etc. ☐ vii. Vendors List including information on all participating vendors. ☐ a. Temporary tax license fee(s) for applicable vendors. ☐ viii. Personnel List, if applicable, listing those operating carnival rides or managing kids’ activities. ☐ ix. Event Deposit, if applicable.
☐ x. Other information or materials as determined necessary by the City.

FY 2024/2025 Special Event Sponsorship (SESP) Program Timeline

Description Date
SESP Letter of Intent (LOI) Opens Monday, October 30, 2023 SESP Public Information Session for Applicants Thursday, November 9, 2023, at 11:00 a.m. PT SESP Letter of Intent (LOI) Due Wednesday, January 10, 2024, 12:00 p.m. PT SESP Public Information Session for Applicants Wednesday, January 17, 2024, at 11:00 a.m. PT City notifies applicants of LOI Results By Wednesday, January 24, 2024 for all SESP Application Process Opens to Applicants with
Approved LOIs
Thursday, January 25, 2024
SESP Application & Special Event Permit Application Due Wednesday, March 27, 2024, 12:00 p.m. PT SESP Committee Review and Scoring of Applications By May 2024 Proposed Council Review and Approval Date June 2024
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

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Attachment: 2024-2025 SESP Guidelines and Application Checklist Rev Jan 2024 (5154 : SPECIAL EVENT SPONSORSHIP PROGRAM – FY 2024/2025 SESP Guidelines and Application Checklist Page 5 of 8 Rev (01/03/2024) 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 in person and by appointment only.

Applicants MUST make an appointment with:
• Spencer Shafsky, Planner, Community Development
Phone: (510) 494-4452, Email: [email protected]
City of Fremont Development Services Center
39550 Liberty Street, Fremont, CA 94538

Check Payment should be made payable to: City of Fremont

You MUST make an in-person appointment to submit your application, and the appointment must take place prior to the application deadline.

At the appointment, you must have already completed your application and provide all necessary documents and payment. If your application is not complete, you will be asked to return at a later time.

Note about Application Deadline
Applicants are strongly encouraged to submit their applications early to give themselves ample time to resolve any unexpected issues. Incomplete applications will be not accepted.

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 the 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

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Attachment: 2024-2025 SESP Guidelines and Application Checklist Rev Jan 2024 (5154 : SPECIAL EVENT SPONSORSHIP PROGRAM – FY 2024/2025 SESP Guidelines and Application Checklist Page 6 of 8 Rev (01/03/2024) 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
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 provide financial statements and documents, including all contracts, invoices, receipts, proof of payment, etc. for the event upon request. 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.

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
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
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.

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Attachment: 2024-2025 SESP Guidelines and Application Checklist Rev Jan 2024 (5154 : SPECIAL EVENT SPONSORSHIP PROGRAM – FY 2024/2025 SESP Guidelines and Application Checklist Page 7 of 8 Rev (01/03/2024) Rating System
When evaluating each criterion, members of the decision committee will issue a pass or not pass. The application must receive a “Pass” on all sections to warrant funding from the sponsorship program.

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 90 days after the event is held, or 30 days after City billing information is received, whichever is later. Grantees must be current on filing required reports before they can receive grant funding.

Reimbursement Process:

1. The sponsorship award is used to offset any city service cost on the day(s) of the event.

2. If your sponsorship award is not sufficient to cover all city service cost, you will receive a bill for the remaining balance due.

3. If your sponsorship award is sufficient to cover all city service cost, you will not be billed for the event, and any remaining balance on the sponsorship award may be used to reimburse for other event-related expenses. Any reimbursement will take place after submission of your Final Report and all necessary event expense receipts. You must submit receipts equal to, or greater than the amount available for reimbursement.

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 simply say City of Fremont. Grantees must display the City’s logo whenever other sponsor logos are displayed, and in accordance with City logo use guidelines.

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Attachment: 2024-2025 SESP Guidelines and Application Checklist Rev Jan 2024 (5154 : SPECIAL EVENT SPONSORSHIP PROGRAM – FY 2024/2025 SESP Guidelines and Application Checklist Page 8 of 8 Rev (01/03/2024) 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:

• Spencer Shafsky, Planner, Community Development
Phone: (510) 494-4452, Email: [email protected]

Additional Information on City of Fremont’s Website
• Special Event Sponsorship Program: https://www.fremont.gov/permits/special-event- permit/special-event-sponsorship
• Special Event Permit: https://www.fremont.gov/permits/special-event-permit

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Attachment: 2024-2025 SESP Guidelines and Application Checklist Rev Jan 2024 (5154 : SPECIAL EVENT SPONSORSHIP PROGRAM – Fremont City Council Meeting: 06/11/24 07:00 PM
3300 Capitol Avenue Div/Dept: Environmental Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5183) DOC ID: 5183
Updated: 6/5/2024 4:33 PM by Dina Lewis Page 1

HOUSEHOLD HAZARDOUS WASTE DROP-OFF FACILITY FUNDING AGREEMENT AMENDMENT- Approve Amendment to Memorandum of Understanding with the Alameda County Waste Management Authority (StopWaste) to Extend Agreement Term and Fund Operational Costs of the Fremont Household Hazardous Waste Drop-Off Facility Through June 30, 2029 and Making Findings of CEQA Exemption Contact Persons:

Name: Kathleen Cote-Guarnieri Dan Schoenholz
Title: Environmental Services Manager Community Development Director Div/Dept: Environmental Services Community Development
Phone: 510-494-4583 510-494-4438
E-Mail: [email protected] [email protected]

Executive Summary: Fremont’s Household Hazardous Waste (HHW) Drop-Off Facility is one of four facilities operating in Alameda County. The Alameda County Waste Management Authority (StopWaste) authorizes and administers the fees funding these facilities including 1) a per ton HHW fee for waste disposed at landfills and 2) a HHW Collection and Disposal Fee collected from each residential property owner. Fremont receives its allocation of funding consistent with a Memorandum of Understanding (MOU) between StopWaste and the City, which is set to expire on June 30, 2024. Staff is recommending the City Council authorize the City Manager to execute an amendment to the MOU which would continue the current terms (performance obligations, reporting requirements, insurance, etc.) and establish the funding amounts for the next five fiscal years (FY 2024/25 through FY 2028/29). The MOU includes a process for establishing the funding amounts after FY 2028/29. There would be no General Fund impact.

BACKGROUND: State law requires that municipalities provide for the appropriate disposal of HHW for residents and small businesses. HHW consists of leftover household products that are corrosive, toxic, ignitable, or reactive that can pollute the environment or pose a threat to human health if disposed of improperly. Examples include paints, cleaners, oils, and pesticides. The City provides HHW disposal services through the HHW Drop-Off Facility located at the Fremont Recycling and Transfer Station. This is one of four HHW facilities in Alameda County. The Alameda County Health Department, under StopWaste’s direction, operates three stand-alone HHW drop-off sites located in Oakland, Livermore, and Hayward.

StopWaste provides funding for all four facilities.

The Fremont HHW Drop-off Facility is operated by BLT Enterprises, which owns and operates the Fremont Recycling and Transfer Station. Operational standards and performance requirements are specified in the Transfer Station Agreement between the City and BLT Enterprises. The City compensates BLT Enterprises for HHW drop-off costs in accordance with the terms of the Transfer Station Agreement and receives funding from StopWaste consistent with the MOU.

There have been several funding agreements between the City and StopWaste since Fremont’s HHW Drop-Off Facility opened in 2008 although the level of funding has changed over the years.

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Council Staff Report (ID # 5183) Meeting of June 11, 2024 Updated: 6/5/2024 4:33 PM by Dina Lewis Page 2

When the Fremont HHW Drop-Off Facility became operational in 2008, the City desired expanded hours, beyond those offered at the stand-alone HHW sites, in order to meet the projected demand. This required the City to provide supplemental funding from the Integrated Waste Management Fund. From July 2008 through June 2014 the City funded close to 50% of the cost of operating the Fremont HHW Drop-Off Facility, approximately $350,000 - $400,000 per year.

In 2014, StopWaste implemented a HHW Collection and Disposal Fee, collected from each residential property owner. This provided additional funding to increase the hours at the County run facilities to match those of the Fremont facility and cover a greater percentage of the Fremont facility operating costs. This funding increase provided approximately $950,000 of annual funding with the City funding the remaining $150,000 of operational costs.

The current MOU, which became effective July 1, 2020, provided increased reimbursement to fully fund Fremont’s HHW Drop-Off Facility and continued provisions that both parties found beneficial.

DISCUSSION/ANALYSIS: The current MOU will expire on June 30, 2024. The proposed amendment continues the agreement through June 30, 2029, and would fully fund the anticipated operational costs. The terms described below are largely unchanged from the current agreement except for updated reimbursement amounts and the flexibility to carry over any unreimbursed allocated funds to a subsequent fiscal year.

Term
• July 1, 2024 – June 30, 2029
• Continues without interruption while StopWaste provides specified funding and Fremont HHW Drop-off Facility provides required services

Reimbursement
• Reimbursement for documented costs up to the not to exceed amount specified in Exhibit A of the MOU
• Unspent funds may be applied to a subsequent fiscal year provided the 5-year total is not exceeded
• Exhibit A reimbursement amounts:
o FY 2024/2025 $1,383,116
o FY 2025/2026 $1,440,510
o FY 2026/2027 $1,467,348
o FY 2027/2028 $1,532,569
o FY 2028/2029 $1,556,710
o Five Year Total $7,380,253

• Parties will negotiate in good faith, no later than February 2029, the reimbursement amounts beginning July 1, 2029, and the agreement expires if the parties are unable to reach agreement

Operations/Marketing
• Fremont is responsible for marketing the facility to its residents

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Council Staff Report (ID # 5183) Meeting of June 11, 2024 Updated: 6/5/2024 4:33 PM by Dina Lewis Page 3
• No charge to any Alameda County resident or residential landlord for use • Small quantity business generators will be charged rates set by the Board of Supervisors (Exhibit B of MOU)
• City to invoice StopWaste twice per year and include documentation supporting the reimbursement requests

Reporting
• Annual report required detailing number of vehicles, number of transactions, customer type, quantities of material collected and shipped out for disposal • Proposed annual spending plan for the next fiscal year due by February 15th of each calendar year

In summary, the MOU would provide reimbursement to fully fund Fremont’s HHW Drop-Off Facility through June 30, 2029, and continues the existing provisions that both parties find beneficial.

FISCAL IMPACT: There would be no General Fund impact. The proposed reimbursement is expected to meet projected expenses, but any shortfall would be funded by the Integrated Waste Management Fund.

ENVIRONMENTAL REVIEW: Approving the Household Hazardous Waste Drop-Off Facility Funding Agreement Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to, without limitation CEQA Guidelines Sections 15378(b)2), (4) and/or (5) and/or 15061(b)(3) in that is an administrative or fiscal activity of the City that does not the potential for causing a significant effect on the environment.

Each of the foregoing provides a separate and independent basis for CEQA exemption.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager or her designee to execute an amendment to the Memorandum of Understanding for Household Hazardous Waste Services with the Alameda County Waste Management Authority (StopWaste) as described in this staff report and take all reasonable actions necessary and appropriate to implement same.

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Fremont City Council Meeting: 06/11/24 07:00 PM
3300 Capitol Avenue Div/Dept: Housing
Fremont, CA 94538 Category: Affordable Housing

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5177) DOC ID: 5177
Updated: 6/5/2024 4:37 PM by Dina Lewis Page 1
RELEASE OF LAND USE COVENANT - Approve Release of Covenant Relating to Use of Lots 2 & 3 of Parcel Map 3503 for Property Owned by Good Shepherd Residences, Inc., and Making Findings of CEQA Exemption Contact Persons:

Name: Sharon Jones Dan Schoenholz
Title: Special Assistant Community Development Director Div/Dept: Housing Community Development
Phone: 510-494-4536 510-494-4438
E-Mail: [email protected] [email protected]

Executive Summary: Good Shepherd Residences, Inc. (Good Shepherd) requested the City Council to release a restrictive land covenant related to Parcel Map 3503, dated April 6 and 7, 1982, in order to obtain a loan from the United States Department of Housing and Urban Development (HUD) to transfer the property to an affiliated entity, refinance the housing development and complete improvements to the property. Staff recommends that Council approve Good Shepherd’s request and authorize staff to execute a release of the covenant substantially in the form attached as the attachment to this Report.

BACKGROUND: In April 1982, in consideration for approving Parcel Map 3503, which defined separate parcels and allowed for the sale of the parcels by Christ the King Evangelical Lutheran Church to Good Shepherd Residences, Inc. for the purpose of constructing and operating housing for developmentally disabled persons, including persons with physical or mental disability, the City Council approved a restrictive land covenant which provided that the property would be used “in perpetuity” for this purpose. The residences have been in use for forty years and the original HUD loan has been repaid. The City has no financial interest in the property and is not a party to a regulatory agreement.

DISCUSSION/ANALYSIS: Good Shepherd Residences, Inc. wishes to refinance the property with a new loan from HUD to complete improvements to the property, but the land covenant has been flagged by HUD because the restriction could make it difficult or impossible for HUD to sell the property in the event of a loan default resulting in foreclosure.

Staff has not been able to determine why the restriction was required at the time City Council approved Parcel Map 3503 in 1982, but City staff believes it is neither necessary nor appropriate for it to continue in perpetuity. Releasing the restriction will facilitate the owner’s financing of improvements to the facility.

The current and future intended use of the property is for residences for developmentally disabled persons. The intent of the covenant has been satisfied. Good Shepherd Residences, Inc. requests that the City release the land use restriction, as permitted in the covenant which states, “the warranties and covenants shall be and remain in effect until all or any thereof are expressly released by the City Council of the City of Fremont.” Staff recommends that the City Council approve the release of the land use restriction,

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Council Staff Report (ID # 5177) Meeting of June 11, 2024 Updated: 6/5/2024 4:37 PM by Dina Lewis Page 2
substantially in the form attached, and authorize staff to take all steps necessary and proper to implement the release.

FISCAL IMPACT: No fiscal impact

ENVIRONMENTAL REVIEW: The release of a covenant is categorically exempt from the California Environmental Quality Act (CEQA) under Guideline 15301, Existing Facilities, as the action makes no physical changes to an existing structure, and Guideline 15061(b)(3), as it can be seen with certainty that release of a covenant that is not associated with a change to an existing structure, within a zoning district that will continue to allow the same range of uses, will not have an adverse effect on the environment.

ATTACHMENTS:
• Release of Restrictive Covenant form Good Shepherd

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RECORDED AT REQUEST OF AND
WHEN RECORDED RETURN TO:

Filing Fee Exempt (Gov’t Code § 6103)

City of Fremont
P.O. Box 5006
Fremont, CA 94537-5006

Attn: Planning Manager

APNS: 501-1560-013-00, 501-1560-047-00

RELEASE OF RESTRICTIVE COVENANT

WHEREAS, the Owner of the real property located at: 1335 Mowry Avenue, Fremont, CA, APN 501-1560-013-00 and 1310 Ewe Way, Fremont, CA, APN 501-1560-047-00 and both are legally described as described in Exhibit A, attached hereto, and as recorded in Book 133 of Parcel Maps, Pages 45 and 46 of the Records of Alameda County, did enter into a Restrictive Covenant with the City of Fremont for said property in consideration for approval of Parcel Map 3503, and said Restrictive Covenant was recorded in the Records of Alameda County document number R- 055025 on the 16th day of April 1982; and

WHEREAS, the property owner has requested that the Restrictive Covenant be canceled and released in order that the property owner may finance improvements to the property with a loan from the United States Department of Housing and Urban Development and meets all requirements of law, and as a result, the City of Fremont is willing to cancel and release the herein referenced Restrictive Covenant.

NOW, THEREFORE, the City of Fremont hereby releases and cancels the Restrictive Covenant described herein; however, this Release of Covenant shall have no bearing or implications on any other unities of title, restrictive covenants, liens, assessments, or other encumbrances that may presently exist on the above-described property.

CITY OF FREMONT

BY:______________________________
Brian Stott Date
Assistant City Manager

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Attachment: Release of Restrictive Covenant form Good Shepherd (5177 : RELEASE OF LAND USE COVENANT) State of California
County of Alameda

On before me, , personally appeared _______________ , personally known to me, OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal.

Signature of Notary

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Attachment: Release of Restrictive Covenant form Good Shepherd (5177 : RELEASE OF LAND USE COVENANT) Exhibit A
Legal Description

All that certain real property situated in the City of Fremont, County of Alameda, State of California, described as follows:

PARCEL A:

Parcel 2, of Parcel Map 3503, filed April 16, 1982 in Book 133 of Parcel Maps, Pages 45 and 46, Alameda County Records.

APN: 501-1560-013-00

PARCEL B:

Easement appurtenant to Parcel 2 of Parcel Map 3503 for Ingress and Egress over that portion of Parcel 1 of Parcel Map 3503 described as JAE and granted to Good Shepherd Residence Inc. by Easement recorded April 16, 1982, Instrument No. 82-055024.

PARCEL C:

Parcel 3, of Parcel Map 3503, filed April 16, 1982 in Book 133 of Parcel Maps, Pages 45 and 46, Alameda County Records. Except that portion deeded to Joseph A. Visconti, Steve P. Visconti and Rhonda P. Visconti in Deed recorded November 30, 1990 as recording No. 90-314627 of Official Records and described as follows:

Beginning at the most Western corner of Parcel 3 of Parcel Map 3503 recorded April 16, 1982, in Book 133 of Parcel Maps, at Pages 45 and 46, Alameda County Records; thence along the general Northern line of said parcel North 75°42'00" East 61.50 feet; thence leaving said line and running South 12°44'50" East 6.80 feet to a point on the general Northerly line of Ewe Way as said way is shown upon said map, said point being on a curve concave to the Southeast having a radius of 45.00 feet, (the center of the curve bears South 8°40'59" West from said point); thence Northwesterly, Westerly and Southwesterly along said line of Ewe Way along said curve through a central angle of 66°06'18", an arc distance of 51.92 feet; thence continuing along said line of Ewe Way South 77°15'10" West 13.40 feet to the general Western line of aforesaid Parcel 3; thence along said line North 12°44'50" West 15.02 feet to the point of beginning.

APN: 501-1560-047-00

PARCEL D:

Easement appurtenant to Parcel 2 and 3 of Parcel Map 3503 for Ingress and Egress over that portion of Parcel 1 of Parcel Map 3503 described as E.V.A.E. and granted to Good Shepherd Residence Inc. by Consent to Common Use recorded April 16, 1982, Instrument No. 82-055023.

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Attachment: Release of Restrictive Covenant form Good Shepherd (5177 : RELEASE OF LAND USE COVENANT) Fremont City Council Meeting: 06/11/24 07:00 PM
3300 Capitol Avenue Div/Dept: Recreation Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5180) DOC ID: 5180
Updated: 6/7/2024 1:16 PM by Alberto Quintanilla Page 1 RENEWAL OF THE CITY’S ACTIVITY, FACILITY RESERVATION AND REGISTRATION SOFTWARE – Authorize the City Manager, or Designee, to Renew Agreement and Issue Purchase Orders with Active Network, LLC, (Active) for the Annual Software Support, Subscription, and Maintenance of the Web-based Solution
Contact Persons:

Name: Michael Sa Kim Beranek
Title: Recreation Superintendent II Community Services Director Div/Dept: Recreation Services Community Services
Phone: 510-494-4372 510-494-4330
E-Mail: [email protected] [email protected]

Executive Summary: The City’s registration and reservation software expires October 10, 2024. Staff is recommending that the City Council authorize the City Manager, or her designee, to issue a purchase order and execute implementing and amending documents with Active Network LLC for the Annual Software Support, Subscription, and Maintenance of the Active Net Web-based Solution in an amount not-to-exceed $305,000 for a five-year term.

BACKGROUND: The City of Fremont entered into an agreement with Active Net for Recreation Registration and Reservation Software Subscription in 2019. The amendment to the agreement for a five-year term extension exceeds $100,000 and requires City Council approval.

DISCUSSION/ANALYSIS: With the Active Net Software Subscription Agreement, the City has been able to provide a more responsive and interactive interface with its customers, while allowing all payment processing to be managed completely through the Active Net Software Solution.

Software license renewal is exempt from competitive purchasing requirements pursuant to Fremont Municipal Code section 3.20.280(c).

The annual subscription not to-exceed amount is $61,000, totaling $305,000 over the five- year contract term.

FISCAL IMPACT: Appropriations for the Annual Software License of Active Net Software Solution are included in the FY 2024/25 Proposed Operating Budget, with 80% of the cost budgeted in the Recreation Cost Center (Fund 189) and 20% in the Senior Center Cost Center (Fund 186).

ENVIRONMENTAL REVIEW: The renewal of computer software licenses is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the

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Council Staff Report (ID # 5180) Meeting of June 11, 2024 Updated: 6/7/2024 1:16 PM by Alberto Quintanilla Page 2 activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

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Fremont City Council Meeting: 06/11/24 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5182) DOC ID: 5182
Updated: 6/5/2024 4:55 PM by Dina Lewis Page 1
ANNUAL APPROVAL OF INVESTMENT POLICY - Annual Approval of Investment Policy and Delegation of Authority to City Treasurer to Manage Investments Contact Persons:

Name: Joe Fan David Persselin
Title: Management Analyst II Finance Director
Div/Dept: Finance Department Finance Department
Phone: (510) 494-4637 510-494-4631
E-Mail: [email protected] [email protected]

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

Recommended revisions to the Investment Policy include updates to reflect recent Government Code changes resulting from the passage of Senate Bill 882.

Staff recommends that the City Council adopt a resolution approving the City’s revised investment policy for FY 2024/25 and delegating the City Council’s authority to invest and reinvest public funds, and to sell or exchange securities so purchased, to the Finance Director/Treasurer for one year or until earlier revoked by the City Council.

BACKGROUND: California Government Code section 53601 et seq. allows the City Council to invest money in its treasury not required for its immediate needs. The investments must be made in accordance with the City’s Annual Investment Policy, approved by the City Council during a public meeting (Gov. Code section 53646(a)(2)). The City Council may delegate its authority for conducting investment transactions to the City Treasurer annually, for up to one year (Gov. Code section 53607). On June 6, 2023, the City Council approved the City’s current Investment Policy and delegated investment authority to the City Treasurer for FY 2023/24.

DISCUSSION/ANALYSIS:

City Investment Policy

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

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

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Council Staff Report (ID # 5182) Meeting of June 11, 2024 Updated: 6/5/2024 4:55 PM by Dina Lewis Page 2
On April 16, 2019, the City Council approved the appointment of PFM Asset Management LLC (“PFM”) to provide investment advisory services to the City. Although PFM actively manages the portion of the City’s cash portfolio not needed to meet near-term obligations, fiduciary responsibility for investments remains with the City. The Treasurer and Finance Department staff ensure that all investments are consistent with the Investment Policy approved by the Council and provide oversight with appropriate checks and balances over the investment process.

Proposed Revisions to Investment Policy

As part of its portfolio management services, PFM has reviewed the City’s proposed FY 2024/25 Investment Policy and has determined that it is in compliance with all applicable California Government Code statutes regulating the investment of public funds. However, PFM has suggested a revision with which staff concurs.

Senate Bill 882 (“SB 882”), also known as the Local Government Omnibus Act of 2023, which took effect on January 1, 2024, made a number of amendments to certain sections of the Government Code which govern the investment of public funds. Changes made to Government Code section 53601, the section that governs the investment of public funds, clarified that mortgage-backed securities issued by the U.S. Treasury or federal agencies are exempt from the Code’s requirements described in Section 53601(o) for privately issued asset- and mortgage-backed securities. The Code update clarifies the common understanding of how agency mortgage-backed securities are treated under the Code.

Delegation of Authority to the City Treasurer

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

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

FISCAL IMPACT: None.

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

ATTACHMENTS:
• Draft Resolution - Investment Policy FY 2024-25 in MT

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Council Staff Report (ID # 5182) Meeting of June 11, 2024 Updated: 6/5/2024 4:55 PM by Dina Lewis Page 3
RECOMMENDATION: Adopt a resolution approving the City’s Investment Policy for FY 2024/25 and delegating the City Council’s authority to invest and reinvest public funds, and to sell or exchange securities so purchased, to the Finance Director/Treasurer for one year or until earlier revoked by the City Council.

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Resolution 2024-XX Page 1 of 15
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT APPROVING A STATEMENT OF INVESTMENT POLICY (FY 2024/25)

WHEREAS, pursuant to California Government Code section 53646, the Treasurer of the City of Fremont has proposed a Statement of Investment Policy (FY 2024/25) for consideration by the City Council, which is attached hereto as Exhibit “A”, and incorporated herein by reference; and

WHEREAS, the City Council wishes to delegate the authority to invest all public funds held by the City to the City Treasurer for a period of one year effective July 1, 2024 as authorized by California Government Code Section 53607;

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

SECTION 1. The Fremont City Council approves and adopts the City of Fremont Statement of Investment Policy for FY 2024/25.

SECTION 2. The authority to invest and reinvest all public funds held by the City of Fremont, and to sell or exchange the securities so purchased, in compliance with the terms of the approved Statement of Investment Policy (FY 2024/25) is hereby delegated to the City Treasurer for a period of one year effective July 1, 2024, or until earlier revoked by the City Council.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor

ATTEST: APPROVED AS TO FORM:

___________________________________ ___________________________________ City Clerk City Attorney

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Attachment: Draft Resolution - Investment Policy FY 2024-25 in MT (5182 : Annual Approval of Investment Policy)

Resolution 2024-XX Page 2 of 15

EXHIBIT A to RESOLUTION 2024-XX

CITY OF FREMONT
STATEMENT OF INVESTMENT POLICY (FY 2024/25)
Effective July 1, 2024

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

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

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

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

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

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

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

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

ETHICS AND CONFLICTS OF INTEREST
The Treasurer and all investment personnel shall refrain from personal business activities that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. The Treasurer and all investment personnel shall disclose to the City Manager any material financial interests in financial institutions that conduct business

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within this jurisdiction, and they shall further disclose any material personal financial/investment positions that could be related to the performance of the City’s investment portfolio.

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

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

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

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

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

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• Registered treasury notes or bonds of any of the other 49 states in addition to California in the third highest rating category or better by a NRSRO. Purchases may not exceed 30% of surplus funds.
• Bonds, notes, warrants or other evidence of debt issued by a local agency within the State of California in the third highest rating category or better by a NRSRO. Purchases may not exceed 30% of surplus funds.
• Obligations issued by agencies or instrumentalities of the U.S. Government. • Bankers’ acceptances with a term not to exceed 180 days. Not more that 40% of surplus funds can be invested in bankers’ acceptances and no more than 30% of surplus funds can be invested in the bankers’ acceptances of any single commercial bank. The financial institutions must be rated in the highest short-term rating category by a NRSRO. • Prime commercial paper may not exceed 270 days and must carry the highest rating issued by Moody’s Investors Service or Standard & Poor’s Corporation. Commercial paper may not exceed 40% of total surplus funds. Eligible paper shall be issued by corporations that are organized and operating within the United States, having total assets in excess of $500,000,000, rated A-1, and if the issuer has issued long-term debt, it must be rated in the third highest rating category or better by a NRSRO.
• Negotiable certificates of deposit issued by federally or state chartered banks or associations, a state or federal credit union, or by a federally licensed or state licensed branch of a foreign bank.

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

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

Such funds must carry the highest credit rating by a NRSRO. No more than 20% of surplus funds can be invested in such funds. The companies shall retain an investment adviser registered with the Securities and Exchange Commission with not less than five years’ experience

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investing in the securities and obligations as authorized by this section, and with assets under management in excess of $500,000,000. The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include any commission that these companies may charge.
• Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 of the California Government Code that invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria. The adviser is registered or exempt from registration with the Securities and Exchange Commission. The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. The adviser has assets under management in excess of five hundred million dollars.
• Insured or collateralized time deposits or savings accounts secured in accordance with the provisions of Sections 53651 and 53652 of the California Government Code. If the collateral is government securities, 110% of market value to the face amount and accrued interest of the deposit is required. If secured by first mortgages and first deeds of trust, the market value must be 150% of the face amount and accrued interest of the deposit. The collateral must be held by a third party.
• Mortgage pass-through securities, collateralized mortgage obligations, mortgage-backed or other pay-through bonds, equipment lease-backed certificates, consumer receivable passthrough certificates, or consumer receivable-backed bonds. For securities eligible for investment not issued or guaranteed by the United States Treasury, federal agencies and government-sponsored enterprises, the following limitation apply: securities must be rated in a rating category of “AA” or its equivalent or better by a NRSRO; securities must have a maximum remaining maturity of five years or less; no more than 20% of surplus funds may be invested in these securities. • United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Securities in this category must be rated in the second highest rating category or better by a NRSRO. No more than 30% of surplus funds may be invested in these securities.

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

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

Where this section specifies a percentage limitation for a particular security type, that percentage is applicable only on the date of purchase. Credit criteria listed in this section refers to the credit rating

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at the time the security is purchased. If an investment’s credit rating falls below the minimum rating required at the time of purchase, the Treasurer will perform a timely review and decide whether to sell or hold the investment.

Prohibited Investments. In accordance with Section 53651 of the California Government Code, the City shall not invest any funds in inverse floaters, range notes or interest-only strips that are derived from a pool of mortgages or in any security that could result in zero interest accrual if held to maturity, except as provided in the subsequent paragraph.

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

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

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

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

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

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

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

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REPORTING
The Treasurer shall submit to each member of the City Council a monthly report. The report shall contain a complete description of the portfolio, including the types of investments, issuers, maturity dates, par values and current market values. In the case of funds invested in the Local Agency Investment Fund (LAIF), funds invested by external investment managers, funds held by trustees or fiscal agents, and moneys administered by plan administrators of retirement or deferred compensation plans, current statements from those institutions will satisfy the reporting requirements. The report will also include a certification of the following:
• All investment activities since the last report have been made in full compliance with the investment policy.
• The City will meet its expenditure requirements for the next six months.

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

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

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

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Attachment “1”

CITY OF FREMONT

STATEMENT OF INVESTMENT POLICY

GLOSSARY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Money Market: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded.

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

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

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

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

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

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

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

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

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

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

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

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Risk: The uncertainty of maintaining the principal or interest associated with an investment due to a variety of factors.

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

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

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

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

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

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

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

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

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

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

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

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

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Yield Curve: A graphic representation that shows the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity.

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3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5185) DOC ID: 5185
Updated: 6/5/2024 5:07 PM by Dina Lewis Page 1
PASEO PADRE PARKWAY INTERSECTION IMPROVEMENTS - Approve a Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc., in the Amount of $475,387 (including 20% contingency), for Design Services for the Paseo Padre Parkway Complete Street Project (PWC9092); Make Findings of CEQA Exemption
Contact Persons:

Name: Daniel Miller Hans Larsen
Title: Associate Transportation Engineer Public Works Director Div/Dept: Public Works Public Works
Phone: 510-494-4789 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the design of the Paseo Padre Parkway Complete Street Project (Project), which will focus on safety improvements at the intersections of Paseo Padre Parkway/Covington Drive and Paseo Padre Parkway/Olive Avenue.

BACKGROUND: In 2022, the Public Works Department conducted a community outreach process to consider options for improving traffic safety along Paseo Padre Parkway between Driscoll Road and Washington Boulevard. This corridor has a history of severe injury crashes, excessive speeding, and reckless driver behavior. In April 2022, the City Council approved a project scope that included enhanced pedestrian crossings with flashing beacons at the Paseo Padre Parkway/Dorne Place and Paseo Padre Parkway/Mento Drive intersections, as well as new traffic signals at the Paseo Padre Parkway/Covington Drive and Paseo Padre Parkway/Olive Avenue intersections. Over the past two years, staff has been working to secure funding for the Project from grants and through the City’s capital Improvement Program (CIP).

The Project is being implemented through separate City projects and programs. The pedestrian crossing enhancements will be implemented as part of the City’s 2024 Pedestrian Crossing Enhancement Project (funded by State and federal grants and scheduled for Spring 2025 construction), and the traffic control improvements at Paseo Padre Parkway/Covington Drive and Paseo Padre Parkway/Olive Avenue will be implemented as part of this proposed Project (tentatively scheduled for Spring 2026 construction).

As part of this professional services agreement, the design consultant will also assess the feasibility and benefits of a roundabout design at the intersections of Paseo Padre Parkway/Covington Drive and Paseo Padre Parkway/Olive Avenue. Roundabouts have the advantages of enhancing traffic flow, preventing excessive traffic speeds, and reduced maintenance costs, as compared to a traditional traffic signal. Current traffic engineering design practices are encouraging the use of roundabouts and grant programs are available for their funding. If the roundabout is determined to be a more appropriate traffic control option, the design consultant will conduct another round of community outreach to inform and seek general support for the roundabout design.

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Council Staff Report (ID # 5185) Meeting of June 11, 2024 Updated: 6/5/2024 5:07 PM by Dina Lewis Page 2
DISCUSSION/ANALYSIS: On February 26, 2024, the City issued a Request for Proposals (RFP) for design services for the Project. Six proposals were received on March 20, 2024, from the following firms listed alphabetically: Bellecci and Associates, BKF Engineers, CSW/Stuber-Stroeh Engineering Group, Kimley Horn and Associates, MNS Engineers, and W-Trans. The proposals were evaluated by a selection panel comprised of City staff based on criteria that included relevant experience, project understanding, overall project approach, and project delivery schedule. Interviews were conducted on April 18, 2024, with the top three rated firms: CSW/Stuber-Stroeh Engineering Group, W-Trans, and Kimley Horn and Associates. The Consultant team led by CSW/Stuber-Stroeh Engineering Group was selected as the top-ranked firm based on qualifications and experience on similar projects.

FISCAL IMPACT: The Consultant fee for the Project design is $396,156 with an additional $79,231 of contingency for a total fee amount of $475,387. The Project design will be funded through funds from the Paseo Padre Safe Street Improvements account (PWC9092) which were appropriated for this purpose through the Capital Improvement Program.

ENVIRONMENTAL REVIEW: Environmental review is not required because award of this agreement is not a project within the meaning of California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3) and 15378(b), as it can be seen with certainty that there is no possibility that award of the contract will have a significant effect on the environment and the award is an administrative activity that will not result in an effect on the physical environment. Appropriate environmental review will be prepared for the Project by City staff during this design phase.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the Paseo Padre Parkway Complete Street Project (PWC9092):

1. Authorize the City Manager or her designee to execute a Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, in an amount not to exceed $475,387 for design services.

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Fremont City Council Meeting: 06/11/24 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Budget

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5181) DOC ID: 5181
Updated: 6/5/2024 5:12 PM by Dina Lewis Page 1
SECOND PUBLIC HEARING AND ADOPTION OF FY 2024/25 OPERATING BUDGET AND APPROPRIATIONS LIMIT - Conduct a Second Public Hearing (Published Notice) and Adopt Resolutions Adopting FY 2024/25 Operating Budget and Establishing Appropriations Limits
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 2024/25 Proposed Operating Budget, and adopt resolutions approving the budget and the constitutional appropriations limit.

BACKGROUND: Staff presented the FY 2024/25 Proposed Operating Budget to the City Council during a televised City Council meeting on May 14, 2024, and the City Council held the first public hearing on the proposed budget on June 4, 2024. The budget identifies total appropriations, including all funds, for FY 2024/25 in the amount of $440.2 million. The General Fund portion of the total is $276.3 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 2024/25 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 3.62%, while the percentage change in the City’s assessment roll due to the value of nonresidential new construction is

0.03%, staff recommends that the City Council adopt the percentage change in per capita

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Council Staff Report (ID # 5181) Meeting of June 11, 2024 Updated: 6/5/2024 5:12 PM by Dina Lewis Page 2
personal income as the cost of living factor to be used in calculating the FY 2024/25 appropriations limit.

Using the percentage change in City population of -0.63% and the percentage change in California per capital personal income of 3.62%, the appropriations limit for FY 2024/25 is calculated to be $945.1 million. Based on the proposed General Fund operating budget of $276.3 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: Supplemented by funding from the Budget Uncertainty Reserve, total General Fund budgeted revenues and transfers in in the coming fiscal year of $261.2 million will be more than adequate to support total budgeted expenditures and transfers out of $276.3 million, and the $945.1 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 2024/25 Proposed Operating Budget is posted on the City’s website at:
https://www.fremont.gov/home/showpublisheddocument/15594/638508659806270000

ATTACHMENTS:
• Draft Resolution - FY 2024-25 Budget
• Draft Resolution - FY 2024-25 Appropriations Limit

RECOMMENDATIONS:

1. Hold a public hearing on the proposed operating budget for FY 2024/25.

2. Adopt a resolution approving the City of Fremont FY 2024/25 Operating Budget.

3. Adopt a resolution creating an appropriations limit of $945,113,316 for FY 2024/25.

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Resolution 2024-XX Page 1 of 3

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR JULY 1, 2024 THROUGH JUNE 30, 2025____________________________________ WHEREAS, the City Manager has prepared a municipal budget for the fiscal year ending June 30, 2025, entitled “City of Fremont, Fiscal Year 2024/25 Proposed Operating Budget” (“Proposed Budget”), a copy of which is on file in the office of the City Clerk; 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, 2024, through June 30, 2025. The final budget shall be titled the “City of Fremont, Fiscal Year 2024/25 Adopted Operating Budget” but may be referred to as “the Budget.” 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 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 2024/25 expenditures in an amount not to exceed the amount of funds encumbered, but not yet expended, from fiscal year 2023/24. The actual amount of the increased appropriation due to encumbrances will be reported to the City Council as part of the fiscal year 2023/24 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 2024/25 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 2024/25 year-end financial

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Attachment: Draft Resolution - FY 2024-25 Budget (5181 : SECOND PUBLIC HEARING - FY 2024/25 OPERATING BUDGET)

Resolution 2024-XX Page 2 of 3

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 2024/25 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 2024/25 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 2024/25 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 2024/25 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 2024/25 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 2024/25 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, 2024, 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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Attachment: Draft Resolution - FY 2024-25 Budget (5181 : SECOND PUBLIC HEARING - FY 2024/25 OPERATING BUDGET)

Resolution 2024-XX Page 3 of 3

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

ADOPTED ________________, 2024, 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 2024-25 Budget (5181 : SECOND PUBLIC HEARING - FY 2024/25 OPERATING BUDGET) Resolution 2024-XX Page 1 of 3 RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR
2024/25 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 in June 1990), as implemented by California Government Code Sections 7900 et seq), requires the City of Fremont (“City”) to establish its appropriations limits by resolution each year, for the following fiscal year; and
WHEREAS, the City’s appropriations 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 2024/25 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 2024/25 for the City of Fremont a t $945,113,316, as documented in Exhibit A, attached hereto and incorporated herein by reference.

SECTION 2. The City Council adopts the following adjustment factors for use in determining the fiscal year 2024/25 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 April 30, 2024.

Per Capita Personal Income : The percentage change in California per capital personal income from the preceding year as provided in the State of California Department of Finance “Price and Population Information” publication , dated April 30, 2024.

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

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Attachment: Draft Resolution - FY 2024-25 Appropriations Limit (5181 : SECOND PUBLIC HEARING - FY 2024/25 OPERATING BUDGET) Resolution 2024-XX Page 2 of 3 ADOPTED __________________, 2024, 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 2024-25 Appropriations Limit (5181 : SECOND PUBLIC HEARING - FY 2024/25 OPERATING BUDGET) Resolution 2024-XX Page 3 of 3 Exhibit A to Resolution No. 2024-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 April 2024, 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 3.62%. The calculation as applied to the City of Fremont for FY 2024/25 is as follows:

The population change on January 1 of the previous year (230,713) compared to the population on January 1, 2024 (229,250) is -1,463, or a 0.63% decrease.

The change in per capita personal income is 3.62%.

The factor for determining the year-to-year increase is computed as:
-0.63 + 100 X 3.62 + 100 = 1.0297
100 100
Applying this year’s factor of 1.0297 to last year’s limit of $917,853,080 yields the Appropriations Limit for FY 2024/25 of $945,113,316.

Based on an operating budget of $276,313,000 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 2024/25 operating budget.

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Attachment: Draft Resolution - FY 2024-25 Appropriations Limit (5181 : SECOND PUBLIC HEARING - FY 2024/25 OPERATING BUDGET)

Fremont City CouncilJune 11, 2024

Fremont City Council
June 11, 2024