Agenda packet, first session — Fremont City Council, December 17, 2024 (part 1 of 2)

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Raj Salwan, Mayor
Desrie Campbell, Vice Mayor
Teresa Keng, District 1
Kathy Kimberlin, District 3
Yang Shao, District 4
Yajing Zhang, District 5
Raymond Liu, District 6

City Staff

Karena Shackelford, City Manager
Rafael E. 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
Arquimides Caldera, Human Services Director
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Kelly King, Maintenance Operations Director
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Fremont City Council Agenda and
Report
December 17, 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 - December 17, 2024

December 17, 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 December 17, 2024, City Council meeting online via Zoom https://us06web.zoom.us/j/87087490185
Meeting ID: 870 8749 0185

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.

December 17, 2024 Fremont City Council Page 3

REVISED
Agenda
Fremont City Council Regular Meeting
December 17, 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 Shao from:

1300 N Market St
Wilmington, DE 19801

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. AMENDMENT OF FREMONT PARK GOLF COURSE LEASE - Approve an Amendment to Extend the Current Lease Agreement and Authorize City Manager or Her Designee to Execute Further Extensions Based Upon Agreed Facility Improvements.

Contact Persons:

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

RECOMMENDATION: Authorize the City Manager, or designee, to negotiate and execute an amendment to the Golf Course Facility Lease providing for a one-year extension and the addition of nine more years through December 31, 2034, contingent on beautification requests being completed by Brilrand Golf Corporation by July 1, 2025.

December 17, 2024 Fremont City Council Page 4
D. CENTERVILLE COMPLETE STREETS PROJECT - Approval of Plans and Specifications; Award Contract to Redgwick Construction Co. in the Amount of $11,561,930.38 (includes 10% Contingency) for the Centerville Complete Streets Project (PWC8946); Appropriation Actions; and 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 Centerville Complete Streets Project (PWC8946):

1. Approve the plans and specifications for the project.

2. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Redgwick Construction Co., in the amount of $10,510,845.80 and allocate a 10% construction contingency in the amount of $1,051,084.58 for a total construction contract amount of $11,561,930.38 and authorize the City Manager, or her designee, to execute the contract.

3. Reallocate $700,000 from PWC7953-514 to PWC8946-514.

4. Reallocate $50,000 from PWC7953-515 to PWC8946-515.

5. Reallocate $130,000 from PWC7953-531 to PWC8946-531.

6. Find that this project is exempt from California Environmental Quality Act (CEQA) review pursuant to Section 21080.25 of the California Public Resources Code as a sustainable transportation project that implements pedestrian and bicycle facilities and improves multimodal safety and access for current and potential transit riders and is further exempt pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.

E. APPARATUS BAY DOOR AND GATE SERVICES - Approval of a Service Agreement with D.W. Nicholson Corporation in the Amount Not to Exceed $1,373,265.53 for Preventive Maintenance and Minor Repair Services of Apparatus Bay Doors, Automatic Gates, Security Doors, and Fire Doors for City Owned Buildings.

Contact Persons:

Name: Pat Kendrick Kelly King
Title: Building Maintenance
Manager
Maintenance Operations Director
Dept: Maintenance Operations Maintenance Operations
Phone: 510-979-5768 510-979-5753
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or her designee, to execute a 7- year service agreement with D.W. Nicholson Corporation for a total contract amount not to exceed $1,373,265.53, and find that the action is exempt from environmental review under Public Resources Code Section 21065 and the CEQA Guidelines Sections referenced in this report, each of which provides a separate and independent basis for CEQA compliance with respect to this action.

F. STREET SIGN INVENTORY - Approval of a Service Agreement with Teleqo Technical Solutions, Inc. for a Street Sign Inventory and Condition Assessment in the Amount Not-to-Exceed $185,581.25 (includes 15% Contingency); Appropriate Funds; Make Findings of CEQA Exemption December 17, 2024 Fremont City Council Page 5
Contact Persons:

Name: Monica Mathiesen Kelly King
Title: Management Analyst II Maintenance Operations Director Dept: Maintenance Operations Maintenance Operations
Phone: 510-979-5702 510-979-5753
E-Mail: [email protected] [email protected]

RECOMMENDATION:

1. Authorize the City Manager, or her designee, to execute a Service Agreement with Teleqo Technical Solutions, Inc. in an amount not to exceed $185,581.25.

2. Appropriate $185,581.25 in the General Fund to pay for the Teleqo Service Agreement.

3. Find that the action is exempt from environmental review under Public Resources Code Section 21065 and the CEQA Guidelines Sections referenced in this report, each of which provides a separate and independent basis for CEQA compliance with respect to this action.

G. MAINTENANCE SERVICE AGREEMENT FOR ON-CALL GROUND LEVEL FIRE BREAK SERVICES - Authorize the City Manager, or Her Designee, to Execute a Maintenance Service Agreement with Imhof Tractor Services Inc. In an Amount Not to Exceed $1,381,407.81
Contact Persons:

Name: Juan Barajas Kelly King
Title: Parks Superintendent Maintenance Operations Director Dept: Maintenance Operations Maintenance Operations
Phone: 510-979-5780 510-979-5753
E-Mail: [email protected] [email protected]

RECOMMENDATION: Award a maintenance service agreement for on-call ground- level fire break services and authorize the City Manager, or her designee, to execute an agreement with Imhof Tractor Services Inc., commencing on July 1, 2025, and continuing through June 30, 2030, for a total not-to-exceed amount of $1,381,407.81.

H. FFA LAST MILE BROADBAND PROJECT CONSULTING, DESIGN

ENGINEERING DRAWINGS, GRANT MANAGEMENT, AND CONSTRUCTION VENDOR MANAGEMENT - Authorize the City Manager, or Her Designee, to Enter into Agreement and Issue Purchase Orders with EN Engineering, LLC for Consulting, Design Engineering Drawings, Grant Management, and Construction Vendor Management for the FFA Last Mile Broadband Project, in an Amount Not to Exceed $835,233.

Contact Persons:

Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Dept: Information Technology
Services
Information Technology Services
Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or her designee, to enter into an agreement and to execute implementing documents with EN Engineering, LLC, for Consulting, Design Engineering Drawings, Grant Management, and Construction Vendor Management for the FFA Last Mile Broadband Project, in an amount not to exceed $835,233.

December 17, 2024 Fremont City Council Page 6
I. AWARD A CONSTRUCTION CONTRACT FOR AZEVADA NEIGHBORHOOD PARK PLAYGROUND UPGRADES AND REPLACEMENT PROJECT (PWC9053) - Approve Plans and Specifications, Accept the Bid and Award a Construction Contract for the Bid Amount of $470,951 to Guerra Construction Group and Allocate a 19% Construction Contingency of $89,480 for a Total Contract Amount of $560,431 for the Azevada Neighborhood Park Playground Upgrades and Replacement Project (PWC9053), and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15301, 15311, and 15183.

Contact Persons:

Name: Connie Chao Tara Bhuthimethee
Title: Landscape Designer II Parks Planning and Design
Manager
Dept: Landscape Architecture Landscape Architecture
Phone: 510-494-4742 510-494-4738
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Approve the plans and specifications for the Azevada Neighborhood Park Playground Upgrades and Replacement Project (PWC9053).

2. Deem the Bid Proposal submitted by KYA Services LLC as non-responsive and accept the bid and award a construction contract to Guerra Construction Group for the Base Bid of $470,951 and allocate a 19% Construction Contingency amount of $89,480, for a total construction amount of $560,431.

3. Find that the project is exempt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, per Section 15301, as the project occurs within an existing area of an established park; Section 15311, as the play equipment installation is a minor accessory structure appurtenant to an existing institutional facility; and Section 15183, as the project is consistent with the land use envisioned for the site as established by the General Plan.

J. TRACT 8685 - Approval of Final Map, Agreements for Construction of Public and Private Street Improvements, and Dedication of Land and Public Easements for Tract 8685, located at 37447 through 37467 Fremont Boulevard (Veranda); Making Findings of CEQA Exemption.

Contact Persons:

Name: Jian Huang Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4733 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution to:

1. Approve the Final Map and the Improvement Plans for Tract 8685.

2. Approve the Agreement for Public Improvements entitled “Public Improvement Agreement, Tract 8685”, with the developer, KB Home South Bay Inc., and authorize the City Manager to execute the agreement on behalf of the City.

3. Approve the Agreement for Private Improvements entitled “Private Improvement Agreement, Tract 8685”, with the developer, KB Home South Bay Inc., and authorize the City Manager to execute the agreement on behalf of the City.

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

December 17, 2024 Fremont City Council Page 7
K. ACCEPT AND APPROPRIATE FY 24 BAY AREA UASI GRANT – Accept and Appropriate Fiscal Year 2024 Bay Area Urban Areas Security Initiative Grant for $310,000 to Purchase a Chemical ID Analyzer and Thermal Imaging Cameras.

Contact Persons:

Name: Heather Mozdean Donna Do
Title: Deputy Fire Chief Management Analyst II
Dept: Fire Department Fire Department
Phone: (510) 494-4200 510-494-4200
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Accept the FY 24 Bay Area Urban Areas Security Initiative (UASI) grant award for $310,000.

2. Appropriate the $310,000 to the Federal Operating Grants Funds (Fund 191).

3. Authorize the City Manager, or her designee, to negotiate and execute all necessary agreements or documents in connection with the grant award.

L. RATIFY AMENDMENT TO MASTER SERVICES AGREEMENT WITH KHIT CONSULTING, INC. - Ratify Amendment to Master Services Agreement with KHIT Consulting for Electronic Health Record Support Services.

Contact Persons:

Name: Marisha Engineer Arquimides Caldera
Title: Management Analyst I Deputy Director of Human
Services
Dept: Human Services Department Human Services Department Phone: 510-574-2087 510-574-2056
E-Mail: [email protected] [email protected]

RECOMMENDATION: Ratify the amended Master Services Agreement #23-0259 with KHIT Consulting, Inc. to increase the total not-to-exceed amount from $265,325 to $300,000.

3. Ceremonial Items
A. Resolution: His Holiness Syedna Mufaddal Saifuddin and the Dawoodi Bohra Community

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

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
December 17, 2024 Fremont City Council Page 8

5. Scheduled Items
A. WINTER 2024/2025 CODE UPDATE – Citywide – PLN2025-00065 - Public Hearng (Published Notice) to consider amending various chapters within Fremont Municipal Code Title 2 (Administration and Finance), Title 8 (Health and Safety), Title 17 (Subdivisions), and Title 18 (Planning and Zoning), and related amendments to the Warm Springs / South Fremont Community Plan, to clarify and enhance definitions, procedures, and standards related to development and use of property within the City and implement the 2023-2031 Housing Element; and to consider exemptions for the proposed amendments from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for (Review for Exemption) and §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

Contact Persons:

Name: Winnie Mui Joel Pullen
Title: Associate Planner Planning Manager
Dept: Planning Planning
Phone: 510-494-4453 510-494-4436
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Hold public hearing.

2. Find that the proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, per Section 15061 of the CEQA Guidelines in that they collectively are not a project which has the potential to cause a significant effect on the environment and CEQA Guidelines Section 15183 as a project consistent with the general plan and zoning and otherwise meeting the requirements of that exemption.

3. Find that the proposed amendments are consistent with the General Plan, including the Land Use Element implementation measure, Housing Element goal, and Economic Development Element implementation measures discussed in the staff report.

4. Find that the proposed amendments further the public interest, convenience, and general welfare of the City by ensuring consistency of the FMC and state law and provide for zoning district uses and development standards that are relevant to current development trends, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents.

5. Introduce an ordinance approving amendments to FMC Title 2 (Administration and Finance), Title 8 (Health and Safety), Title 17 (Subdivisions), and Title 18 (Planning and Zoning), as shown on Exhibit “A,” and for conformance with the General Plan.

6. Adopt a resolution for amendments to the Warm Springs / South Fremont Community Plan for consistency with proposed amendments to Title 18.

7. Direct staff to prepare, and the City Clerk to publish, a summary of the ordinance.

December 17, 2024 Fremont City Council Page 9
B. DEVELOPMENT IMPACT FEE ANNUAL REPORT - Receive the Development Impact Fee Annual Report for Fiscal Year 2023/24 and Hold a Public Hearing (Published Notice) to Consider a 0.23% Decrease in Development Impact Fees to Align with the Bay Area Construction Cost Index; Make Findings of CEQA Exemption.

Contact Persons:

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

RECOMMENDATIONS:

1. Approve the Development Impact Fee Annual Report for Period Ending June 30, 2024.

2. Hold a public hearing regarding the proposed development impact fee adjustment.

3. Adopt a resolution approving a 0.23% decrease to development impact fees for the capital facilities, fire facilities, park facilities, parkland, and traffic programs to reflect construction cost changes in 2024, effective July 1, 2025, and amending the master fee schedule to reflect the revised fees.

6. Other Business
A. CITYWIDE CAMPING BAN ON PUBLIC PROPERTY ORDINANCE - Introduce an Ordinance Adding Chapter 8.90 to the Fremont Municipal Code Banning Camping on Public Property and find that the adoption of the ordinance is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15304, 15307, 15308, 15061, and 15183.

Contact Persons:

Name: Allen DeMers Sean Washington
Title: Deputy City Manager Police Chief
Dept: City Manager's Office Police Department
Phone: 510-494-4651 510-790-6969
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Waive the first reading and introduce the attached ordinance adding Chapter

8.90 to the Fremont Municipal Code.

2. Direct the City Attorney to draft an ordinance summary and the City Clerk to post and publish the ordinance summary in accordance with Government Code Section 36933(c)(1).

3. Find that adoption of the ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3). Find that the project is exempt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, per Section 15304 as this ordinance is an action by the City that may result in a minor alteration to land, water, and/or vegetation; Section 15307 and 15308 as this ordinance is an action by the City for the protection of birds and other wildlife and the environment in City parks and waterways; and Section 15183, as the December 17, 2024 Fremont City Council Page 10
ordinance is consistent with the land use envisioned for the site as established by the General Plan, each as a separate and independent basis for CEQA compliance.

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
December 17, 2024 Fremont City Council Page 11

ACRONYMS

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

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

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

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

December 17, 2024 Fremont City Council Page 12

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 December 17, 2024 7:00 p.m. City Council Meeting Council Chambers Live
December 24, 2024
CANCELLED: CC/FUSD
Liaison Committee Meeting
(Observed Holiday)

January 7, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
January 14, 2025 7:00 p.m. City Council Meeting Council Chambers Live
January 21, 2025 7:00 p.m. City Council Meeting Council Chambers Live
January 28, 2025 CANCELLED: CC/FUSD
Liaison Committee Meeting

Monday,
February 3, 2025 5:30 p.m. CC/FUSD Joint Meeting City Hosts Live February 4, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 11, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 18, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 25, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
March 4, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
March 11, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
March 18, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
March 25, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting FUSD Hosts Live

Fremont City Council Meeting: 12/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5309) DOC ID: 5309 A
Updated: 12/12/2024 8:31 AM by Dina Lewis A Page 1
AMENDMENT OF FREMONT PARK GOLF COURSE LEASE - Approve an Amendment to Extend the Current Lease Agreement and Authorize City Manager or Her Designee to Execute Further Extensions Based Upon Agreed Facility Improvements.

Contact Persons:

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

Executive Summary: The purpose of this report is to recommend approval of amendments to the Fremont Park Golf Center lease agreement with Brilrand Golf Corporation (Brilrand) to extend the lease for one year with a 9-year renewal option after the completion of beautification requests made by the City. The nine-year renewal period would include further upgrades by Brilrand within the term of the extension to ensure improvements to the facility and course.

BACKGROUND: Fremont Park Golf Center is a community resource and the guiding principles for the facility lease are to maintain its financial viability, encourage the golf operator to invest in the golf facilities by making strategic improvements, continue professional services to the public, and increase golf programs to the community, especially for youth and families.

Brilrand Golf Corporation (Brilrand) has operated the Fremont Park Golf Course and Practice Center since 2012 when it assumed the lease from VB Golf (due to financial hardship) who had operated the course since 2001. When Brilrand Golf assumed the lease, the golf center had been operating at a loss for the previous five years and required an infusion of cash to remain viable. The transfer of the lease to Brilrand Golf allowed the City to continue offering a quality executive 9-hole golf course while working with a tenant who agreed to provide much needed capital upgrades to the golf facility.

With the current lease agreement ending on December 31, 2024, negotiations have recently been completed with Brilrand for a lease extension. Staff is recommending an initial one-year term with a nine-year option to extend the relationship through December 31, 2034.

DISCUSSION/ANALYSIS: Brilrand has an open dialogue with the City and has created a sense of community with its customers. Staff at Brilrand work directly with the customers encouraging customer feedback and Briland has invested in hiring quality instructors.

Brilrand has been a valued tenant and partner of the City. Brilrand continues to improve operations and ultimately envisions a state-of-the-art golf facility that provides an improved golf experience and meets the high standards of local patrons. Unfortunately, Brilrand Golf has not made significant upgrades to the golf course, driving range and pro shop since the

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Council Staff Report (ID # 5309) Meeting of December 17, 2024 Updated: 12/12/2024 8:31 AM by Dina Lewis A Page 2
COVID pandemic. Staff recently conducted a site visit and identified some areas in need of improved maintenance and beautification.

Year One Completion of Beautification Requirements: For the City to agree to a nine-year renewal option following the one-year extension, Brilrand will need to meet Beautification Requirements outlined by the City to be completed by July 1, 2025. These requirements include, but are not limited to, pruning and removal of unkempt planter areas, cleaning the Pro Shop building, painting fences/signs, clearing pedestrian walkways, tree trimming etc. The City will work with Brilrand to develop a punch list of items that will need to be completed prior to the deadline.

If the agreed upon beautifications are completed by July 1, 2025, the City will execute the nine-year renewal for years 2-10 of the amendment, during which Brilrand has agreed to additional capital improvements, including but not limited to:

• Replacing the irrigation pump;
• Upgrading the driving range lights to LED;
• Replacing or redesign to improve the driving range synthetic turf target area; • Painting of the club house and restaurant;
• Installation of solar panels over the driving range for environmental sustainability; and
• Installation/replacement the concrete cart path throughout the entire course.

If the beautification requirements are not completed by the deadline, the nine-year renewal option will not be granted and other opportunities for the facility will be considered, or renewal terms will be renegotiated and brought back to City Council for approval.

FISCAL IMPACT: Brilrand currently pays $12,500 a month for rent to the City plus 15% of gross revenues, if higher than aggregate annual base rent. This rent will not increase during this agreement allowing Brilrand to invest any net profit back into the infrastructure and continued improvement of the Golf Course and supporting facilities. However, in years 2-10, if the agreed upon capital improvements are not completed by the mutually agreed upon dates, a monthly rent increase of 5% will be added on January 1st of each calendar year for years 2-10 of this agreement. There will be no fiscal impact in regard to capital improvement, as Brilrand will assume all financial liability for those improvement projects.

ENVIRONMENTAL REVIEW: Approval to continue the existing Park Golf Center lease is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance..

The improvements to be negotiated and agreed upon by the parties are exempt from the California Environmental Quality Act (CEQA), without limitation, pursuant to CEQA Guidelines Section 15301, Existing Facilities, and CEQA Guidelines Section 15311 as a minor accessory structure appurtenant to an existing institutional facility. The improvements will be completed within an existing area of an established park and do not expand the park’s boundaries and are typical upgrades to a park use.

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ATTACHMENTS: None.

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Fremont City Council Meeting: 12/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5303) DOC ID: 5303
Updated: 12/12/2024 8:40 AM by Dina Lewis Page 1
CENTERVILLE COMPLETE STREETS PROJECT - Approval of Plans and Specifications; Award Contract to Redgwick Construction Co. in the Amount of $11,561,930.38 (includes 10% Contingency) for the Centerville Complete Streets Project (PWC8946); Appropriation Actions; and 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 complete streets improvements on Thornton Avenue, Fremont Boulevard and Peralta Boulevard in the Centerville District. The project is part of an ongoing series of investments that are transforming Fremont Boulevard from a historically auto-oriented thoroughfare into a “complete street” that supports safe and convenient mobility by all travel modes. The project is intended to substantially improve facilities for walking, bicycling and transit connection, as well as upgrade pavement conditions and traffic signal coordination in the Centerville District.

BACKGROUND: The Centerville Complete Streets project is located along Thornton Avenue between San Pedro Drive and Fremont Boulevard, Fremont Boulevard between Alder Avenue and Mattos Drive, and Peralta Boulevard between Fremont Boulevard and Sequoia Road. The scope of the project was approved by the City Council on February 8, 2022, following an extensive community engagement process which began in December 2019.

This project will provide enhanced safety and comfort for people walking, bicycling, and connecting with transit in the Centerville Priority Development Area (PDA) and the Centerville Business district. The project also supports multimodal travel along the Fremont Boulevard Transit Priority Corridor. A key element of the project scope is to rehabilitate the poor pavement conditions and replace old traffic signals along streets that were formerly part of local State Route 84. This project will reconstruct the existing intersections with protected intersection features and modify the existing traffic signals to accommodate the new intersection designs. Key project elements consist of new elevated curb returns to encourage slower vehicle turns, raised bike lanes on Fremont Boulevard between Thornton Avenue and Bonde Way, new ADA curb ramps, enhanced intersection safety lighting, a new mid-block crossing at the Artist Walk entryway, new video detection for bicycles, touchless pedestrian push buttons, high visibility crosswalks, and enhanced bikeway connections to existing bike facilities upstream and downstream of the project intersections. The weblink below provides information on the project scope, history, and status.

The project has received federal grant funding for construction by the Department of Transportation (Caltrans) in the amount of $6.51 million, a State Affordable Housing and

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Council Staff Report (ID # 5303) Meeting of December 17, 2024 Updated: 12/12/2024 8:40 AM by Dina Lewis Page 2
Sustainable Communities (AHSC) grant in the amount of $2.8 million, and an Alameda County Transportation Commission (ACTC) grant in the amount of $2.0 million.

At the April 18, 2023, meeting, City Council approved a Cooperative Funding and Mitigation Agreement with the Fremont Unified School District (FUSD) to include the construction of a new traffic signal at Thornton Avenue and Oak Street, that is required of the Thornton Middle School Conversion Project, in the Centerville Complete Streets project.

Construction is estimated to begin in Spring 2025 with completion scheduled by Fall 2026.

Future projects are planned to complement and complete the multimodal improvements in the Centerville Business District. The Centerville Railroad Safety Improvements will provide railroad crossing and multimodal improvements on Fremont Blvd between Bonde Way and Peralta Boulevard. The Centerville Train Depot Plaza Improvements Project will create a destination and event space for the district and a better interface for the depot and train platforms with roadway multimodal infrastructure. A second phase of the Centerville Complete Streets Project will extend the multimodal improvements on Fremont Boulevard between Peralta Boulevard and Central Avenue. These projects are all in various stages of project development.

DISCUSSION/ANALYSIS: Bids for this project were opened on October 8, 2024. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate for the base bid is $10,260,000.

Bid Results:

Bidder Base Bid Bid Add Alternate Total Bid Amount

1. Redgwick Construction Co. $9,448,042.80 $1,062,803.00 $10,510,845.80

2. Granite Rock Co. $10,018,262.00 $1,030,341.00 $11,048,603.00

3. DeSilva Gates Construction LLC $10,225,225.00 $1,010,545.00 $11,235,770.00

Add Alternate: The City received an acceptable bid for the Add Alternate (scope of work described below) from the lowest responsible bidder, and staff recommends transferring funds from PWC7953 Traffic Improvement Program to this project and including this work in the construction contract. Including this add alternate will allow the intersection improvements to be constructed at Thornton Avenue/San Pedro Drive/Dondero Way.

• Add Alternate – Intersection Improvements at Thornton Avenue/San Pedro Drive/Dondero Way. The work consists of the construction of smaller curb returns to shorten and realign the crosswalks to provide better visibility of pedestrians and bicyclists and minimize vehicular conflict. The work, in general, includes ADA compliant ramps, striping of crosswalks on all legs of the intersection, and modernizing the existing traffic signal. The Engineer’s Estimate is $1,000,000.

The low bidder for this project, Redgwick Construction Co., 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. Pursuant to the requirements of Section 21080.25 of the Public Resources Code, staff certifies that the entire project will be completed with a skilled and trained workforce and that the contractor Redgwick Construction Co., shall be required to provide sufficient and competent administration, staff, and a skilled and trained workforce

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Council Staff Report (ID # 5303) Meeting of December 17, 2024 Updated: 12/12/2024 8:40 AM by Dina Lewis Page 3
necessary to perform and timely complete the work in accordance with the contract documents.

Project Costs and Funding:

Estimated Project Costs
Construction Contract – Base Bid (Lowest Responsible Bid) 9,448,043 Construction Contract – Bid Alternate 1,062,803
Construction Contract Contingency (10%) 1,051,085
Construction Inspection, Surveying and Administration 1,400,000 Total Estimated Project Costs $12,961,931

Source of Funding:

Currently Budgeted
PWC8946, Fund 134 – State Gas Tax (SB1) Funds 25,000
PWC8946, Fund 502 – Outside Sources - FUSD 750,000
PWC8946, Fund 504 – ACTC Grant Funds 2,000,000
PWC8946, Fund 522 – Federal Caltrans Grant 6,510,000
PWC8946, Fund 525 – State AHSC Grant 2,800,000

Proposed Additional Funding
PWC7953, Fund 514 – Vehicle Registration Fee (VRF) Funds 700,000 PWC7953, Fund 515 – Measure BB Local Streets 50,000
PWC7953, Fund 531 – Traffic Impact Fees 130,000
Total Funding Available $12,965,000

FISCAL IMPACT: Additional funding is needed to include the intersection improvements at Thornton Avenue/San Pedro Drive/Dondero Way in the construction contract. Traffic Improvement Program funds (PWC7953) have been designated for this project consistent with the Traffic Improvement Program to upgrade and modernize traffic signals.

Staff therefore recommends transferring $700,000 of Fund 514, $50,000 of Fund 515, and $130,000 of Fund 531 from the Traffic Improvement Program (PWC7953). With the recommended additional transfer of funds to the project, there will be sufficient funds available for the estimated project costs.

ENVIRONMENTAL REVIEW: Based on the whole records and each as a separate and independent basis for CEQA compliance, the project is statutorily exempt from CEQA review under Section 21080.25 of the Public Resources Code, as amended, because the project is a sustainable transportation project that implements pedestrian and bicycle facilities (i.e., construction of protected intersection corners, elevated curb returns, raised pedestrian/bicycle corners and green buffered bike lanes), improves pedestrian and bi cycle safety, and improves access for current and potential transit riders. The project is located within public right of way and does not add new infrastructure that increases automobile capacity or require demolition of affordable housing. Furthermore, the City certifies the project will be completed by a skilled and trained workforce pursuant to enforceable contract provisions requiring contractors and subcontractors at every tier to use skilled labor. As a separate and independent basis, the project is exempt under CEQA Guideline Section 15301, Class 1(c), 15301 for “Existing Facilities’ in that it involves operation, repair, maintenance or minor alteration of existing structures and facilities involving negligible or

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Council Staff Report (ID # 5303) Meeting of December 17, 2024 Updated: 12/12/2024 8:40 AM by Dina Lewis Page 4
no expansion of existing or former use. None of the exceptions to the categorical exemptions outlined in CEQA Guidelines Section 15300.2 applies to the project.

Environmental review for the project was performed under the National Environmental Policy Act (NEPA). A Categorical Exclusion (CE) with technical studies was prepared on July 11, 2022, and recertified on November 16, 2023. The State determined that the project does not individually or cumulatively have a significant impact on the environment as defined by the National Environmental Policy Act (NEPA) and is excluded from the requirements to prepare an Environmental Assessment or Environmental Impact Statement.

ATTACHMENTS: None.

LINKS:

https://www.fremont.gov/government/departments/public-works/public-works- projects/centerville-complete-streets

Project Plans:
https://www.fremont.gov/home/showdocument?id=16707&t=638652945104389380

Project Specifications:
https://www.fremont.gov/home/showdocument?id=16709&t=638652945699810361

RECOMMENDATION: Approval of the following actions related to the Centerville Complete Streets Project (PWC8946):

1. Approve the plans and specifications for the project.

3. Reallocate $700,000 from PWC7953-514 to PWC8946-514.

4. Reallocate $50,000 from PWC7953-515 to PWC8946-515.

5. Reallocate $130,000 from PWC7953-531 to PWC8946-531.

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Fremont City Council Meeting: 12/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance Operations
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5313) DOC ID: 5313
Updated: 12/13/2024 8:03 AM by Dina Lewis Page 1
APPARATUS BAY DOOR AND GATE SERVICES - Approval of a Service Agreement with D.W. Nicholson Corporation in the Amount Not to Exceed $1,373,265.53 for Preventive Maintenance and Minor Repair Services of Apparatus Bay Doors, Automatic Gates, Security Doors, and Fire Doors for City Owned Buildings.

Contact Persons:

Name: Pat Kendrick Kelly King
Title: Building Maintenance Manager Maintenance Operations Director Div/Dept: Maintenance Operations Maintenance Operations Phone: 510-979-5768 510-979-5753
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate preventive maintenance services and minor repair work of apparatus bay doors, automatic gates, security doors, and fire doors for all Fire Stations, the Police Department Campus, the Maintenance Center, and other City owned buildings.

BACKGROUND: There are 112 apparatus bay doors, 31 automatic gates, and 21 steel rollup doors and fire doors across City-owned facilities. A majority of the apparatus bay doors and automatic gates are used multiple times daily to include those at Fire Stations and the Police Department. The doors and gates are made up of a number of mechanical and electrical components. Staff recommends that equipment needs to be part of a preventive maintenance program.

DISCUSSION/ANALYSIS: A Request for Proposal (RFP) was issued on September 27, 2024. A voluntary job walk took place on October 8, 2024, and the proposal opening on October 18, 2024. Four proposals were received. After a review of the proposals, staff determined that D.W. Nicholson Corporation met the criteria highlighted in the RFP documents and was the most responsive and responsible proposer.

This will be a 7-year term Service Agreement for preventive maintenance that will involve routine, recurring, and usual work needed to preserve, protect, and maintain the safe and usable condition of City-owned apparatus bay doors, automatic gates, security doors and fire doors.

FISCAL IMPACT: The contract price for the 7-year Service Agreement is $1,373,265.53, and sufficient funding is available for this project in the Maintenance Operations General Fund (fund 001) operating budget.

ENVIRONMENTAL REVIEW: The action is not a project as defined by Pub. Res. Code Section 21065, and is exempt from CEQA, without limitation, under (1) CEQA Guidelines Section 15378(b) – continuing administrative, fiscal, or maintenance activities with no significant physical impact on the environment; (2) CEQA Guidelines Section 15061(b)(3) - activities cannot possibly have a significant effect on the environment (directly or indirectly); (3) CEQA Guidelines Section 15301(d) - repair, maintenance, or minor alteration

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Council Staff Report (ID # 5313) Meeting of December 17, 2024 Updated: 12/13/2024 8:03 AM by Dina Lewis Page 2
of mechanical equipment involving negligible or no expansion of use; (4) CEQA Guidelines Section 15302 - replacement of mechanical equipment or parts at the same location and which will retain substantially the same purpose and capacity as the replaced equipment; and (5) CEQA Guidelines Section 15183 - projects consistent with General Plan and Zoning that do not involve any significant impacts which are peculiar to the project or its site. Each of the foregoing provides a separate and independent basis for CEQA compliance with respect to the subject action.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager, or her designee, to execute a 7-year service agreement with D.W. Nicholson Corporation for a total contract amount not to exceed $1,373,265.53, and find that the action is exempt from environmental review under Public Resources Code Section 21065 and the CEQA Guidelines Sections referenced in this report, each of which provides a separate and independent basis for CEQA compliance with respect to this action.

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Fremont City Council Meeting: 12/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance Operations
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5320) DOC ID: 5320
Updated: 12/13/2024 8:08 AM by Dina Lewis Page 1
STREET SIGN INVENTORY - Approval of a Service Agreement with Teleqo Technical Solutions, Inc. for a Street Sign Inventory and Condition Assessment in the Amount Not-to-Exceed $185,581.25 (includes 15% Contingency); Appropriate Funds; Make Findings of CEQA Exemption
Contact Persons:

Name: Monica Mathiesen Kelly King
Title: Management Analyst II Maintenance Operations Director Div/Dept: Maintenance Operations Maintenance Operations Phone: 510-979-5702 510-979-5753
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate a new service agreement for a street sign inventory and condition assessment for traffic and road signs throughout the City after the previous contract was terminated.

BACKGROUND: The City Council approved a funding action in June 2023 as part of the Fiscal Year 2023/24 Operating Budget to add a Geographic Information System (GIS) component for street signs to the City’s existing maintenance management system.

The City issued a Request for Proposals (RFP) on July 24, 2023 and received proposals on August 22, 2023 from the following 5 contractors: Teleqo Technical Solutions, Inc., Mandli Communications, Inc., Mark Thomas & Company, Inc., National Data & Surveying Services, Inc., and Haley & Aldrich, Inc. Approval to award the service agreement to Mandli Communications, Inc. occurred at the November 7, 2023 council meeting.

Due to lack of adequate assurance of due performance, the City terminated the contract with Mandli Communications, Inc. on October 21, 2024 and wishes to award a new service agreement to Teleqo Technical Solutions, Inc. for these services.

DISCUSSION/ANALYSIS: Staff identified the need for an outside Contractor to perform a street sign inventory and condition assessment throughout our City streets for increased pedestrian, bicyclist, and vehicle safety. The Federal Highway Administration (FHWA) has established compliance standards that require agencies to maintain a list of all traffic and road signs within their jurisdiction and take action to ensure signs meet minimum retroreflectivity requirements.

The inventory and condition assessment would be a living tool to help manage assets and comply with FHWA requirements for minimum levels of sign retroreflectivity, as outlined in the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD).

Retroreflectivity helps improve safety at night by bouncing light off road signs from vehicle headlights back toward drivers’ eyes, making signs appear brighter and easier to read.

Retroreflective properties deteriorate over time, so there is a need to monitor and maintain signs to ensure that they remain clearly visible at night.

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This inventory will serve as a mechanism for documenting conformance standards and logging updates as signs are added, removed, or replaced. It will also capture the total number of signs; location coordinates and type of sign; the color, shape, age, mount and/or post type; and retroreflective performance. Staff will then spatially locate each sign on a GIS layer and track the related maintenance within the maintenance management software system (CityWorks). It will allow staff to forecast sign maintenance and replacement to proactively plan work to meet industry standards.

The same panel comprised of City staff from Maintenance Operations and Information Technology Services reviewed the proposals based on project scope and understanding, overall experience to perform the required services, and proposal feasibility. Staff has selected Teleqo Technical Solutions, Inc. to provide the services outlined in the RFP and recommends approval of the new service agreement.

The project cost is $161,375, along with a 15% contingency cost of $24,206.25, for a total not to exceed amount for this Agreement of $185,581.25.

FISCAL IMPACT: When the contract with Mandli Communications was terminated in October, the appropriation for the street sign inventory and assessment was liquidated and became part of unallocated fund balance in the General Fund. Consequently, staff recommends that the City Council appropriate $185,581.25 in the General Fund to pay for this replacement contract.

ENVIRONMENTAL REVIEW: This action is not a project as defined by Pub. Res. Code Section 21065 and is categorically exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment.

ATTACHMENTS: None.

RECOMMENDATION:

1. Authorize the City Manager, or her designee, to execute a Service Agreement with Teleqo Technical Solutions, Inc. in an amount not to exceed $185,581.25.

2. Appropriate $185,581.25 in the General Fund to pay for the Teleqo Service Agreement.

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Fremont City Council Meeting: 12/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance Operations
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5321) DOC ID: 5321
Updated: 12/12/2024 9:00 AM by Dina Lewis Page 1

MAINTENANCE SERVICE AGREEMENT FOR ON-CALL GROUND LEVEL FIRE BREAK SERVICES - Authorize the City Manager, or Her Designee, to Execute a Maintenance Service Agreement with Imhof Tractor Services Inc. In an Amount Not to Exceed $1,381,407.81
Contact Persons:

Name: Juan Barajas Kelly King
Title: Parks Superintendent Maintenance Operations Director Div/Dept: Maintenance Operations Maintenance Operations Phone: 510-979-5780 510-979-5753
E-Mail: [email protected] [email protected]

Executive Summary: This report requests approval for on-call fire break services to reduce risks and improve safety in undeveloped parkland and open spaces managed by the City. This work will meet local wildfire safety regulations and protect the community and surrounding infrastructure.

BACKGROUND: Since fiscal year 2019/20, the adopted operating budget has included annual funding for fire break maintenance services throughout the City. These services address potential fire risks by performing tasks such as disking, blading, mowing, cutting, clearing landscape debris, and ground tree work. Fire breaks are maintained on City-owned and managed properties, including backup lots, open spaces, undeveloped parkland, rural roadways, and undeveloped City-owned parcels. These efforts support proactive annual fire prevention measures to ensure community safety.

The current agreement for fire break maintenance services will expire on June 30, 2025, necessitating the procurement of a new agreement to ensure uninterrupted service s.

DISCUSSION/ANALYSIS: On September 25, 2024, the City issued a Request for Proposals (RFP #25-014) for On-Call Fire Break Maintenance Services. The RFP solicitation period remained open through October 22, 2024, seeking qualified contractors to provide critical fire prevention maintenance services.

Following a thorough evaluation process, the City issued a notice of intent to award the contract to Imhof Tractor Services Inc. on November 12, 2024. Imhof Tractor Services Inc. was identified as the most qualified bidder, offering the most competitive rates while meeting all service and performance criteria outlined in the RFP.

Staff recommends approving a 5-year service agreement with Imhof Tractor Services Inc. for fire break maintenance services. The new agreement will begin on July 1, 2025, and will end on June 30, 2030. The agreement will have an initial annual not-to-exceed value of $250,000 with a built-in annual inflator of up to 5%. Over the 5-year term, the total contract value would not exceed $1,381,407.81. Approval of this agreement will ensure continued proactive fire prevention measures across City properties.

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Council Staff Report (ID # 5321) Meeting of December 17, 2024 Updated: 12/12/2024 9:00 AM by Dina Lewis Page 2
FISCAL IMPACT: All city costs associated with this agreement are contained in the Department’s operating budget, adopted through the annual budget process.

ENVIRONMENTAL REVIEW: Approval of the maintenance agreement and the anticipated maintenance work are exempt from review under the California Environmental Quality Act (CEQA) under (1) CEQA guidelines section 15061(b)(3) because any environmental impacts associated with any specific maintenance activities are speculative at this time, and it is anticipated that compliance with Fremont Municipal Code Chapter 18.218 (standard Development Requirements) will be sufficient to avoid such impacts, and (2) CEQA Guidelines Section 15301 for "Existing Facilities" in that it involves landscape related maintenance or minor alteration of existing facilities involving negligible or no expansion of existing or former use. None of the exceptions to the categorical exemptions outlined in CEQA Guidelines section 15300.2 applies to the Project. Each of the foregoing provides a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

RECOMMENDATION: Award a maintenance service agreement for on-call ground-level fire break services and authorize the City Manager, or her designee, to execute an agreement with Imhof Tractor Services Inc., commencing on July 1, 2025, and continuing through June 30, 2030, for a total not-to-exceed amount of $1,381,407.81.

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Fremont City Council Meeting: 12/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Information Technology Services Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5319) DOC ID: 5319
Updated: 12/13/2024 1:01 PM by Dina Lewis Page 1

FFA LAST MILE BROADBAND PROJECT CONSULTING, DESIGN ENGINEERING

DRAWINGS, GRANT MANAGEMENT, AND CONSTRUCTION VENDOR
MANAGEMENT - Authorize the City Manager, or Her Designee, to Enter into Agreement and Issue Purchase Orders with EN Engineering, LLC for Consulting, Design Engineering Drawings, Grant Management, and Construction Vendor Management for the FFA Last Mile Broadband Project, in an Amount Not to Exceed $835,233.

Contact Persons:

Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Div/Dept: Information Technology Services Information Technology Services Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]

Executive Summary: Staff is recommending that the City Council authorize the City Manager, or her designee, to enter into an agreement and to execute implementing documents with EN Engineering, LLC, for Consulting, Design Engineering Drawings, Grant Management, and Construction Vendor Management for the FFA Last Mile Broadband Project, in an amount not to exceed $835,233.

BACKGROUND: On July 20, 2021, Governor Gavin Newsom signed into law Senate Bill 156, which included a $2 billion Federal Funding Account grant program, funded through the federal American Rescue Plan Act of 2021 (Public Law No. 117-2) and administered by the California Public Utilities Commission (CPUC) for last-mile broadband infrastructure projects to connect unserved and underserved Californians.

On April 22, 2022, the CPUC issued rulemaking 20-09-001, adopting rules for the Federal Funding Account grant program, and creating a framework for public agencies and broadband service companies to apply for the grant program. On July 24, 2024, the CPUC notified the City of its intent to award grant funding in the amount of $7,690,056.20. Funds allocated by the CPUC shall be available for expenditure until December 31, 2026. On September 3, 2024, the City Council approved accepting and appropriating funding for the grant award.

DISCUSSION/ANALYSIS: On October 9, 2024, RFP Number 25-016 Fiber Last Mile Broadband Project – Consulting, Design Engineering Drawings, Grant Management, and Construction Vendor Management was published on Bidnet Direct to solicit proposals from qualified firms to develop design engineering drawings and assist the City with grant management and construction vendor management for the Last Mile Broadband Project.

The RFP submittal deadline was October 23, 2024.

Proposals were submitted by two firms and ranged in cost from $363,000 to $835,233.

Demonstrations were provided by EN Engineering, LLC, and Odiscom LLC. The Proposers provided an overview of their proposed strategy, design solutions, implementation methodology, schedule, plan, and budget for each of the four phases in the scope of work.

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The Proposers also presented previous experience and approaches with similar projects and solutions in other municipalities and government agencies.

The staff panel evaluated the proposals in two steps based on the written proposals and the demonstration (maximum 100 points). The evaluation criteria included completeness of the proposal, proposed strategy, implementation methodology, schedule effectiveness of a solution, proposers' experience, cost, municipal experience, and similar project experience.

Among the two vendor responses to the RFP, the EN Engineering, LLC written proposal and demonstration aligned most closely with the City’s local government agency requirements, objectives, and the tasks identified in the RFP Statement of Work Requirements.

The EN Engineering, LLC written proposal and the demonstration interview compared most favorably and added more value than the proposal submitted by the other Proposer.

Odiscom LLC did not demonstrate relevant experience in municipal fiber deployment and municipal processes.

EN Engineering, LLC provides broadband, engineering planning, grant management services, and public-private partnership agreement development services to municipal governments, with subject matter experts in fiber optic network design and municipal broadband development. In its 23-year history, EN Engineering, LLC has planned, engineered, and managed construction and inspections for over thirty municipal governments. Staff recommends entering into a contract with EN Engineering, LLC, LLC for all phases.

FISCAL IMPACT: Funding for Consulting, Design Engineering Drawings, Grant Management, and Construction Vendor Management for the Last Mile Broadband Project are appropriated in the Federal Capital Grants Fund PWC9118-522.

ENVIRONMENTAL REVIEW: The recommended action is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

Subsequent planning for the Last Mile Broadband Project will include a community outreach process and specific facility installations for the Last Mile Broadband Project will include preparation of an environmental clearance in accordance with CEQA guidelines.

ATTACHMENTS: None.

LINKS: None.

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Fremont City Council Meeting: 12/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5323) DOC ID: 5323 B
Updated: 12/13/2024 8:17 AM by Dina Lewis B Page 1

AWARD A CONSTRUCTION CONTRACT FOR AZEVADA NEIGHBORHOOD PARK PLAYGROUND UPGRADES AND REPLACEMENT PROJECT (PWC9053) - Approve Plans and Specifications, Accept the Bid and Award a Construction Contract for the Bid Amount of $470,951 to Guerra Construction Group and Allocate a 19% Construction Contingency of $89,480 for a Total Contract Amount of $560,431 for the Azevada Neighborhood Park Playground Upgrades and Replacement Project (PWC9053), and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15301, 15311, and 15183.

Contact Persons:

Name: Connie Chao Tara Bhuthimethee
Title: Landscape Designer II Parks Planning and Design
Manager
Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4742 510-494-4738
E-Mail: [email protected] [email protected]

Executive Summary: City Council approval is requested to approve the plans and specifications, accept the bid, and award a contract to Guerra Construction Group for the base bid amount of $470,951 plus a 19% construction contingency of $89,480 for unforeseen work during construction, for a total construction amount of $560,431 for the Azevada Neighborhood Park Playground Upgrades and Replacement Project, and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301, 15311, and 15183.

BACKGROUND: The play equipment at Azevada Neighborhood Park, originally installed in 1993, is outdated and needs to be replaced. New upgraded play equipment will increase play value, promote inclusivity, improve safety and encourage collaborative play.

The synthetic safety surfacing will be also replaced to comply with impact attenuation regulations of the new play equipment.

Site improvements include the demolition and removal of the existing play equipment, associated concrete footings, and surrounding safety surfacing followed by the installation of new play equipment and safety surfacing, supported by import drain rock to achieve subbase depth as required by the plans and specifications.

New upgraded play equipment will include a 2-5 aged play structure with slides and climbing elements; a 5-12 aged play structure with inclusive play, tall slides, balance and climbing elements; an inclusive seesaw; spinner; sensory learning wall with sound-making panels, and ASL and braille alphabet panels; and a swing set featuring a belt swing and bucket swing.

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Council Staff Report (ID # 5323) Meeting of December 17, 2024 Updated: 12/13/2024 8:17 AM by Dina Lewis B Page 2
DISCUSSION/ANALYSIS: The Azevada Neighborhood Park Playground Upgrades and Replacement Project was advertised for bid on October 22, 2024. On November 12, 2024, the City received nine bids. The bidders and their respective bid amounts are shown below.

RANK BIDDER NAME BASE BID AMOUNT
1 KYA Services LLC $403,414.31**
2 Guerra Construction Group $470,951.00
3 G & G Builders $482,917.55*
4 McNabb Construction $543,214.00
5 Suarez & Munoz Construction $549,000.00
6 Galeb Paving, Inc $582,195.00*
7 Zara Construction $590,200.00
8 Beals & Martin and Associates $609,254.70*
9 S & H Construction $646,040.00*

* Mathematically Corrected - Corrected for computation errors pursuant to Instructions to Bidders Part 6.1(A)
** Non-responsive

The low bidder was determined by evaluation of the base bid as stated in the Instruction to Bidders of the Contract Documents. KYA Services LLC was the apparent lowest bidder but was deemed non-responsive because the bidder failed to submit the signature page of the Instructions to Bidders.

The Contract Documents state that the Bid Proposal form must be fully completed; and each Bid Proposal must be signed by the bidder’s authorized representative pursuant to Instructions to Bidders Part 9. Without the last page of the Bid Proposal, which includes the signature(s) by the bidder’s authorized representative, the bid submitted by KYA Services LLC is incomplete and non-responsive.

The second low bid was submitted by Guerra Construction Group for the base bid amount of $470,951. The contractor is a responsible bidder experienced in this type of work. Their bid is responsive, and all bid documents are in order. The lowest responsive bidder’s price is

4.5% below the Engineer’s Estimate of $492,450.

FISCAL IMPACT: The Azevada Neighborhood Park Playground Upgrades and Replacement was funded in the FY 2021/22-2025/26 Capital Improvement Plan with additional funds added to the project in the FY 2023/24-2027/28 Capital Improvement Plan. The project is funded with $694,000 from Fund 541.

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Council Staff Report (ID # 5323) Meeting of December 17, 2024 Updated: 12/13/2024 8:17 AM by Dina Lewis B Page 3
Total Project Funds Appropriated to the Project:

Fund 541 Park Dedication Impact Fee 2021/22-2025/26 (PWC9053) $600,000 Fund 541 Park Dedication Impact Fee 2023/24-2027/28 (PWC9053) $94,000 Total Funds Available: $694,000
Project Expenses to Date:

Project Management, Design and Administration $48,000
Total Project Expenses to Date: $48,000
Remaining Planned Expenditures (For Construction):

Construction Bid $470,951
Construction Contingency (19%) $89,480
Construction Administration and Management and Project Management (Estimated) $85,569
Total Planned Expenditures: $646,000
Estimated Amount Remaining after Project Closeout: $0

Any remaining funds after project closeout will be returned to the Fund 541 Park Dedication Impact Fee balance to be reprogrammed to another project.

ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA), without limitation, pursuant to CEQA Guidelines Section 15301, Existing Facilities, as the project occurs within an existing area of an established park. The rough grading of the site and replacement of play equipment do not expand the park’s boundaries and are typical upgrades to a park use. The area is regularly maintained as a park, which includes discing of the groundcover to maintain soil aeration and prevent habitat development for sensitive or invasive species.

Additionally, the play equipment installation is specifically exempt under CEQA Guidelines Section 15311 as a minor accessory structure appurtenant to an existing institutional facility.

Furthermore, the project is exempt under CEQA Guidelines 15183, Projects Consistent with a Community Plan or Zoning, as the project is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15163, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred. Each of the foregoing provides a separate and independent basis for exemption.

ATTACHMENTS: None.

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Council Staff Report (ID # 5323) Meeting of December 17, 2024 Updated: 12/13/2024 8:17 AM by Dina Lewis B Page 4

LINKS: https://www.fremont.gov/government/departments/parks-planning-design/design- projects/azevada-playground-renovations

RECOMMENDATIONS:

1. Approve the plans and specifications for the Azevada Neighborhood Park Playground Upgrades and Replacement Project (PWC9053).

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Fremont City Council Meeting: 12/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5324) DOC ID: 5324
Updated: 12/13/2024 8:24 AM by Dina Lewis Page 1
TRACT 8685 - Approval of Final Map, Agreements for Construction of Public and Private Street Improvements, and Dedication of Land and Public Easements for Tract 8685, located at 37447 through 37467 Fremont Boulevard (Veranda); Making Findings of CEQA Exemption.

Contact Persons:

Name: Jian Huang Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4733 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to approve Final Tract Map 8685 and improvement agreements for public and private infrastructure associated with a 62-unit condominium development, commonly known as Veranda, located in City Council District 3.

BACKGROUND: On August 24, 2023, the Planning Commission approved Vesting Tentative Tract Map 8685 for the 2.18-acre property located at 37447 through 37467 Fremont Boulevard in the Centerville Community Plan Area. The developer is KB Home South Bay Inc. The Final Map creates one parcel to allow for a new mixed-use development comprised of 60 residential condominium units, including nine on-site affordable units and eight attached accessory dwelling units, and two ground-floor commercial condominium units.

DISCUSSION/ANALYSIS: The Final Map is in conformance with the Vesting Tentative Map and the developer has complied with all Tentative Map Conditions of Approval. The Final Map and Improvement Plans have been reviewed and are now ready for City Council approval.

The developer has signed the Public Improvement Agreement and has posted performance and labor and material bonds each in the amount of $1,292,000 to guarantee construction of the public improvements (Fremont Boulevard and Maple Street). Public improvements include new curb, gutter, sidewalk, landscaping, pavement repair, utilities including storm drain, water, sanitary sewer, and joint trench, as well as signing and pavement markings along Fremont Boulevard and Maple Street, a new raised bike path along Fremont Boulevard, and other miscellaneous items of work as identified on the approved improvement plans.

The developer has signed the Private Improvement Agreement and has posted performance and labor and material bonds each in the amount of $3,179,000 to guarantee construction of the private and common area improvements (Caraway Common, Verdure Common, Caraway Terrace, Hazel Terrace, and Currant Terrace). Private improvements include the construction of private streets, installation of stormwater facilities, vehicular parking to serve the residents, and other miscellaneous items of work as identified on the approved improvement plans.

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Council Staff Report (ID # 5324) Meeting of December 17, 2024 Updated: 12/13/2024 8:24 AM by Dina Lewis Page 2
FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: On August 24, 2023, the Planning Commission made findings that the project site is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15332, In-Fill Development Projects, and 15183, Projects Consistent with a Community Plan, General Plan, or Zoning.

The Final Map and Improvement Plans are consistent with the General Plan and Zoning Ordinance, original project description, and scope of work. No further environmental review is required.

ATTACHMENTS:
• Site Plan (1 sheet)
• Draft Resolution - Tract 8685

RECOMMENDATION: Adopt a resolution to:

1. Approve the Final Map and the Improvement Plans for Tract 8685.

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MAPLE STREET
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10 1911 1812 1713 1614 15
20 2921 2822 2723 2624 25
3031323334353637
3839404142
4748495051
46454443
5655545352
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BUILDING BBUILDING A

BUILDING C

BUILDING D

BUILDING EBUILDING F

BUILDING G
BUILDING HCU1
CU2

CARAWAY TERRACE

HAZEL TERRACE

CURRANT TERRACE

VERDURE COMMON

CARAWAY TERRACE

HAZEL TERRACE

CURRANT TERRACE

CARAWAYCOMMON

FREMONT BLVD
Graphic Scale (in feet)4080 0401 inch = 40 ft.
4LEGEND:RESIDENTIAL UNIT NO.CU1RETAIL UNIT NO.37447 FREMONT BLVDSITE PLANDATE: 11/21/24

MAPLE STREET

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Attachment: Site Plan (1 sheet) (5324 : TRACT 8685 - 37447 through 37467 Fremont Boulevard (Veranda))

Page 1 of 3 ends

DRAFT

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING THE FINAL MAP AND IMPROVEMENT PLANS FOR
TRACT NO. 8685, ACCEPTING THE OFFER S OF DEDICATION

IDENTIFIED ON THE FINAL MAP , AND AUTHORIZING THE

CITY MANAGER TO SIGN IMPROVEMENT AGREEMENT S FOR
PUBLIC AND PRIVATE IMPROVEMENTS FOR TRACT 8685

WHEREAS, a final subdivision map of Tract No.8685 ("Final Map") in the City of Fremont, County of Alameda, State of California, has been presented to the City Council of the City of Fremont (“City”) for approval, and the Final Map is on file with the City Engineer and is available for review upon request; and

WHEREAS, the Developer of the project described by the Final Map is KB Home South Bay Inc.; and

WHEREAS, the Final Map is geographically located within the boundaries of the Tentative Map entitled “Vesting Tentative Map for Tract 8685 – Veranda, City of Fremont, Alameda County, California,” and the Tentative Map is on file with the City Engineer and is available for review upon request; and

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

WHEREAS, the Final Map includes offers for the dedication of interests in real property to the City, including but not limited to Fremont Boulevard and Maple Street, and easements as shown on Tract Map 8685; and

WHEREAS, as required by the Conditions, the Developer submitted improvement plans and specifications to the City entitled, “Improvement Plans – Tract 8685, Veranda, City of Fremont, Alameda County, California,” (“Improvement Plans”) containing 78 sheets that describe the construction of the public improvements (Fremont Boulevard and Maple Street) and private improvements required by the Conditions, including but not limited to complete construction of Caraway Common, Verdure Common, Caraway Terrace, Hazel Terrace, and Currant Terrace; and

WHEREAS, the Developer has submitted to the City a signed agreement entitled “Public Improvement Agreement, Tract 8685” ("Public Improvement Agreement"), by which the Developer has agreed to construct all public improvements required by the Conditions, including but not limited to those described by the Improvement Plans; and

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Attachment: Draft Resolution - Tract 8685 (5324 : TRACT 8685 - 37447 through 37467 Fremont Boulevard (Veranda))

Page 2 of 3 ends

WHEREAS, concurrently with the submittal of the Public Improvement Agreement, the Developer has posted improvement security to guarantee completion of the public improvements and payment of laborers and suppliers in accordance with the Public Improvement Agreement, including a faithful performance bond in the amount of $1,292,000 and a labor and material bond in the amount of $1,292,000; and

WHEREAS, the Developer has submitted to the City a signed agreement entitled “Private Improvement Agreement, Tract 8685” ("Private Improvement Agreement"), by which the Developer has agreed to construct all private improvements required by the Conditions, including but not limited to those described by the Improvement Plans; and

WHEREAS, concurrently with the submittal of the Private Improvement Agreement, the Developer has posted improvement security to guarantee completion of the private improvements and payment of laborers and suppliers in accordance with the Private Improvement Agreement, including a faithful performance bond in the amount of $3,179,000 and a labor and material bond in the amount of $3,179,000; and

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

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

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

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

2. The Improvement Plans are hereby approved.

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

4. The City Manager is hereby authorized, on behalf of the City to sign the agreements entitled “Public Improvement Agreement, Tract 8685” and “Private Improvement Agreement, Tract 8685”.

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Attachment: Draft Resolution - Tract 8685 (5324 : TRACT 8685 - 37447 through 37467 Fremont Boulevard (Veranda))

Page 3 of 3 ends

ADOPTED 2024 by the City Council of the City of Fremont by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution - Tract 8685 (5324 : TRACT 8685 - 37447 through 37467 Fremont Boulevard (Veranda)) Fremont City Council Meeting: 12/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5329) DOC ID: 5329
Updated: 12/12/2024 10:45 AM by Dina Lewis Page 1
ACCEPT AND APPROPRIATE FY 24 BAY AREA UASI GRANT – Accept and Appropriate Fiscal Year 2024 Bay Area Urban Areas Security Initiative Grant for $310,000 to Purchase a Chemical ID Analyzer and Thermal Imaging Cameras.

Contact Persons:

Name: Heather Mozdean Donna Do
Title: Deputy Fire Chief Management Analyst II
Div/Dept: Fire Department Fire Department
Phone: (510) 494-4200 510-494-4200
E-Mail: [email protected] [email protected]

Executive Summary: Staff seeks City Council approval to accept a grant in the amount of $310,000 and enter into an agreement with the Fiscal Year 2024 Bay Area Urban Areas Security Initiative (UASI) to appropriate the funds. The grant award is for the purchase of a Chemical Identification Analyzer ($190,000) and 20 Handheld Thermal Imaging Cameras ($120,000).

BACKGROUND: The City of Fremont Fire Department’s current Thermal Imaging Cameras (TICs) are outdated and beginning to fail due to their age, reducing their effectiveness in emergency situations. The City of Fremont has been using the same TIC model for nearly 20 years, and while these cameras served the City well, advances in technology have significantly improved the capabilities of thermal imagers. Recognizing the need to ensure we are using the best possible equipment; the department initiated an evaluation of available options to replace the aging cameras. In May 2024, the TIC committee conducted a thorough evaluation of several new thermal imagers during a live burn training session at our facility. The goal was to determine if our current model was still the best available or if a newer model could offer superior performance. Key evaluation criteria included screen refresh rate and clarity, ease of use with gloves, and overall fit and comfort for Fremont Fire Department personnel.

Additionally, a significant upgrade to our chemical identification capabilities is long overdue.

One of our machines expired in 2013 and is no longer supported, and both of our current systems—outdated FTIR and Raman devices—are inefficient, often taking up to 45 minutes to identify chemicals. Additionally, these systems lack the credibility needed for court proceedings. To address these issues, the Department conducted a comprehensive evaluation to find suitable replacements and secure the necessary funding to modernize our equipment.

To support these needed upgrades, the U.S. Department of Homeland Security's (DHS) Urban Areas Security Initiative (UASI) program provides financial assistance to address the unique multi-jurisdictional and multi-discipline needs of high-threat, high-density urban areas. Administered by DHS through its Homeland Security Grant Program (HSGP) within FEMA, the UASI program has been enhancing regional preparedness since 2003 by helping urban areas build and sustain essential capabilities in support of the National Preparedness Guidelines.

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Council Staff Report (ID # 5329) Meeting of December 17, 2024 Updated: 12/12/2024 10:45 AM by Dina Lewis Page 2
DISCUSSION/ANALYSIS: In October 2023, the Fire Department applied for the Bay Area UASI grant to fund the replacement of 20 Thermal Imaging Cameras (TICs) and the purchase of a new Chemical Identification Analyzer. In July 2024, we were notified of the $310,000 award, which will cover the cost of the TICs ($120,000) and the analyzer ($190,000).

Newer TICs will provide enhanced visual clarity in challenging environments, such as smoke-filled rooms, and enable faster, more informed decision-making during emergencies.

They feature a higher refresh rate, which eliminates the screen freezing issues that have been a challenge with our current cameras. Additionally, new TICs offer superior image clarity and a more comfortable grip, which will improve ease of use, particularly during extended operations. With these improvements, the new cameras will ensure that our firefighters can work more efficiently and effectively in life-saving situations.

Additionally, the new Chemical Identification Analyzer will replace our older, inefficient equipment and provide the HazMat team with the ability to quickly identify over 13,000 chemicals. This upgrade will eliminate the risks involved with transporting hazardous materials, provide court-admissible data, and drastically reduce identification times from 45 minutes to just 1-2 minutes. Fremont Fire also responds to mutual aid calls in Alameda County, and this new handheld system will enhance our ability to respond to chemical and hazardous material incidents, including potential terrorist threats, swiftly and accurately. By replacing our two outdated systems, the new analyzer will align our operations with those of neighboring jurisdictions, improving our overall efficiency and safety.

These enhancements will not only strengthen our Department’s readiness but also benefit our public safety partners and the communities we serve by ensuring a more coordinated and effective response during emergencies.

FISCAL IMPACT: Staff recommends that the City Council recognize and appropriate the Bay Area UASI award in the Federal Operating Grants Fund (Fund 191). There is no matching requirement for this grant.

ENVIRONMENTAL REVIEW: The action recommended in this report is not a project subject to review under the California Environmental Quality Act (CEQA) per CEQA Guideline section 15378(b)(2) as it is an administrative and funding activity of government.

ATTACHMENTS: None.

LINKS: None.

ATTACHMENTS:
• Fiscal Year 2024 UASI MOU

RECOMMENDATIONS:

1. Accept the FY 24 Bay Area Urban Areas Security Initiative (UASI) grant award for $310,000.

2. Appropriate the $310,000 to the Federal Operating Grants Funds (Fund 191).

3. Authorize the City Manager, or her designee, to negotiate and execute all necessary agreements or documents in connection with the grant award.

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FY 24 UASI – Fremont Fire Department Page 1 of 21 November 1, 2024

AGREEMENT BETWEEN THE CITY AND COUNTY OF

SAN FRANCISCO AND FREMONT FIRE DEPARTMENT
FOR THE DISTRIBUTION OF FY 2024 UASI GRANT FUNDS

THIS AGREEMENT is made this NOVEMBER 1, 2024 in the City and County of San Francisco, State of California, by and between the FREMONT FIRE DEPARTMENT (“SUBRECIPIENT") and the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation (“San Francisco" or "City"), in its capacity as fiscal agent for the Approval Authority, as defined below, acting by and through the San Francisco Department of Emergency Management (“DEM”).

RECITALS

WHEREAS, The United States Department of Homeland Security (“DHS”) consolidated the separate San Jose, Oakland, and San Francisco Urban Areas into a combined Bay Area Urban Area (“UASI Region”) for the purpose of application for and allocation and distribution of federal Urban Areas Security Initiative (“UASI”) program grant funds; and

WHEREAS, The Bay Area Urban Area Approval Authority (“Approval Authority”) was established as the Urban Area Working Group (“UAWG”) for the UASI Region, to provide overall governance of the homeland security grant program across the UASI Region, to coordinate development and implementation of all UASI program initiatives, and to ensure compliance with all UASI program requirements; and

WHEREAS, The UASI General Manager is responsible for implementing and managing the policy and program decisions of the Approval Authority, directing the work of the UASI Management Team personnel, and performing other duties as determined and directed by the Approval Authority, and

WHEREAS, San Francisco has been designated as the grantee for UASI funds granted by the DHS through the California Office of Emergency Services (“Cal OES”) to the UASI Region, with responsibility to establish procedures and execute subgrant agreements for the distribution of UASI program grant funds to jurisdictions selected by the Approval Authority to receive grant funding; and

WHEREAS, San Francisco has been designated to serve as the fiscal agent for the Approval Authority, and to establish procedures and provide all financial services for distribution of UASI program grant funds within the UASI Region; and

WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management Team has asked San Francisco to distribute a portion of the regional UASI grant funds to SUBRECIPIENT on the terms and conditions set forth herein;

NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

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Attachment: Fiscal Year 2024 UASI MOU (5329 : ACCEPT AND APPROPRIATE FY 24 BAY AREA UASI GRANT)

FY 24 UASI – Fremont Fire Department Page 2 of 21 November 1, 2024 ARTICLE 1

DEFINITIONS

1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether singular or plural) shall have the meanings set forth below:

(a) “ADA” shall mean the Americans with Disabilities Act (including all rules and regulations there under) and all other applicable federal, state and local disability rights legislation, as the same may be amended, modified or supplemented from time to time.

(b) “Authorized Expenditures” shall mean expenditures for those purposes identified and budgeted in Appendix A, attached hereto and incorporated by reference as though fully set forth herein.

(d) “Fiscal Quarter” shall mean each period of three calendar months commencing on July 1, October 1, January 1, and April 1, respectively.

(e) “Grant Funds” shall mean any and all funds allocated or disbursed to SUBRECIPIENT (Unique Entity ID: Q3MWNS85DEF8) under this Agreement. This Agreement shall specifically cover funds allocated or disbursed from Cal OES Grant No. 2024-5088, Cal OES ID No. 075-95017, CFDA No. 97.067, per Cal OES award notice dated October 28, 2024

(f) “Grant Plan” shall mean the plans, performances, events, exhibitions, acquisitions or other activities or matter, and the budget and requirements, described in Appendix A and the WebGrants system. If SUBRECIPIENT requests any modification to the Grant Plan, SUBRECIPIENT shall submit a written request to the UASI General Manager with the following information: Scope of change requested, reason for change, proposed plan for change, summary of approved and requested modifications to the Grant Plan, and any necessary approvals in support of change (e.g., EHP).

(g) “Indemnified Parties” shall mean: (i) San Francisco, including all commissions, departments including DEM, agencies, and other subdivisions of San Francisco; (ii) San Francisco’s elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities acting on behalf of the foregoing.

(h) “Losses” shall mean any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal fees and expenses and costs of investigation, of prosecuting or defending any Loss described above) whether or not such Loss be founded or unfounded, of whatsoever kind and nature.

(i) “Reimbursement Request” shall have the meaning set forth in Section 3.10(a).

1.2 Additional Terms. The terms “as directed,” “as required” or “as permitted” and similar terms shall refer to the direction, requirement, or permission of City. The terms “sufficient,” “necessary” or “proper” and similar terms shall mean sufficient, necessary or proper in the sole judgment of City. The terms “approval,” “acceptable” or “satisfactory” or similar terms shall mean approved by, or acceptable or satisfactory to, City. The terms “include,” “included” or “including” and similar terms shall be deemed to be followed by the words “without limitation.” The use of the term “subcontractor,” “subgrantee,” “successor” or “assign” herein refers only to a subcontractor, subgrantee, successor or assign expressly permitted under Article 8.

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Attachment: Fiscal Year 2024 UASI MOU (5329 : ACCEPT AND APPROPRIATE FY 24 BAY AREA UASI GRANT)

FY 24 UASI – Fremont Fire Department Page 3 of 21 November 1, 2024

1.3 References to this Agreement. References to this Agreement include: (a) any and all appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations or other documents expressly incorporated by reference herein; and (c) any and all amendments, modifications or supplements hereto made in accordance with Section 10.2. References to articles, sections, subsections or appendices refer to articles, sections or subsections of or appendices to this Agreement, unless otherwise expressly stated. Terms such as “hereunder,” “herein” or “hereto” refer to this Agreement as a whole.

1.4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction shall mean that statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction as is currently in effect and as may be amended, modified or supplemented from time to time.

ARTICLE 2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;

LIMITATIONS ON SAN FRANCISCO'S OBLIGATIONS

2.1 Risk of Non-Allocation of Grant Funds. This Agreement is subject to all federal and state grant requirements and guidelines, including DHS and Cal OES requirements, guidelines, information bulletins, and instructions, the decision-making of the Cal OES and the Approval Authority, the terms and conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal provisions of the San Francisco Charter. The Approval Authority shall have no obligation to allocate or direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements.

SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall have no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully and finally executed this Agreement. SUBRECIPIENT acknowledges and agrees that if it takes any action, informal or formal, to appropriate, encumber or expend Grant Funds before final allocation decisions by Cal OES and the Approval Authority, and before this Agreement is fully and finally executed, it assumes all risk of possible non-allocation or non-reimbursement of funds, and such acknowledgement and agreement is part of the consideration of this Agreement.

2.2 Certification of Controller; Guaranteed Maximum Costs. No funds shall be available under this Agreement without prior written authorization certified by the San Francisco Controller. In addition, as set forth in Section 21.19 of the San Francisco Administrative Code:

(a) San Francisco's obligations hereunder shall not at any time exceed the amount approved in the grant award and/or by the Approval Authority, and certified by the Controller for the purpose and period stated in such certification.

(b) Except as may be provided by San Francisco ordinances governing emergency conditions, San Francisco and its employees and officers, and the UASI Management Team and its personnel, are not authorized to request SUBRECIPIENT to perform services or to provide materials, equipment and supplies that would result in SUBRECIPIENT performing services or providing materials, equipment and supplies that are beyond the scope of the services, materials, equipment and supplies specified in this Agreement, unless this Agreement is amended in writing and approved as required by law to authorize the additional services, materials, equipment or supplies. San Francisco is not required to pay SUBRECIPIENT for services, materials, equipment or supplies that are provided by SUBRECIPIENT that are beyond the scope of the services, materials, equipment and supplies agreed upon herein and which were not approved by a written amendment to this Agreement having been lawfully executed by San Francisco.

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Attachment: Fiscal Year 2024 UASI MOU (5329 : ACCEPT AND APPROPRIATE FY 24 BAY AREA UASI GRANT)

FY 24 UASI – Fremont Fire Department Page 4 of 21 November 1, 2024 (c) San Francisco and its employees and officers, and the UASI Management Team and its personnel, are not authorized to offer or promise to SUBRECIPIENT additional funding for this Agreement that would exceed the maximum amount of funding provided for herein. Additional funding for this Agreement in excess of the maximum provided herein shall require lawful approval and certification by the Controller. San Francisco is not required to honor any offered or promised additional funding that exceeds the maximum provided in this Agreement that requires lawful approval and certification of the Controller when the lawful approval and certification by the Controller has not been obtained.

(d) The Controller is not authorized to make payments on any agreement for which funds have not been certified as available in the budget or by supplemental appropriation.

2.3 SUPERSEDURE OF CONFLICTING PROVISIONS. IN THE EVENT OF ANY CONFLICT BETWEEN ANY OF THE PROVISIONS OF THIS ARTICLE 2 AND ANY OTHER

PROVISION OF THIS AGREEMENT, THE APPLICATION DOCUMENTS OR ANY OTHER

DOCUMENT OR COMMUNICATION RELATING TO THIS AGREEMENT, THE TERMS OF THIS ARTICLE 2 SHALL GOVERN.

ARTICLE 3

PERFORMANCE OF THE AGREEMENT

3.1 Duration of Term. The term of this Agreement shall commence on NOVEMBER 1, 2024 and shall end at 11:59 p.m. San Francisco time on DECEMBER 31, 2025.

3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder exceed THREE HUNDRED TEN THOUSAND DOLLARS, ($310,000). The City will not automatically transfer Grant Funds to SUBRECIPIENT upon execution of this Agreement.

SUBRECIPIENT must submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT.

3.3 Use of Funds.

(a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not permit any federal employee to receive Grant Funds.

(b) Modification of Grant Plan. Under Sections 1.1(f) and 10.2 of this Agreement, SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for modification until (1) the General Manager or designee has provided written approval for the request and (2) the parties have finally executed a modification of this Agreement under Section 10.2, to reflect the modified Grant Plan. In addition, if the modification request requires approval from the Approval Authority and/or Cal OES, as determined by the General Manager, SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification request without approval from the Approval Authority and/or Cal OES.

(c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds, and not replace (supplant) funds that have been appropriated for the same purpose.

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FY 24 UASI – Fremont Fire Department Page 5 of 21 November 1, 2024 (d) Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consistent with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals, objectives, milestones and deliverables in this Agreement.

3.4 Grant Assurances; Other Requirements; Cooperation with Monitoring.

(a) SUBRECIPIENT shall comply with all Grant Assurances included in Appendix B, attached hereto and incorporated by reference as though fully set forth herein. SUBRECIPIENT shall require all subgrantees, contractors and other entities receiving Grant Funds through or from SUBRECIPIENT to execute a copy of the Grant Assurances, and shall ensure that they comply with those Grant Assurances.

(b) In addition to complying with all Grant Assurances, SUBRECIPIENT shall comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority. SUBRECIPIENT shall require and ensure that all subgrantees, contractors and other entities receiving Grant Funds through or from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority.

(c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of San Francisco and the UASI Management Team, as they may from time to time exist, related to evaluation, planning and monitoring of the Grant Plan and compliance with this Agreement.

SUBRECIPIENT shall cooperate in good faith with San Francisco and the UASI Management Team in any evaluation, inspection, planning or monitoring activities conducted or authorized by DHS, Cal OES, San Francisco or the UASI Management Team. For ensuring compliance with non-supplanting requirements, upon request by City or the UASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction of non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds.

3.5 Administrative, Programmatic and Financial Management Requirements. SUBRECIPIENT shall establish and maintain administrative, programmatic and financial management systems and records in accordance with federal and State of California requirements. This provision requires, at a minimum, that SUBRECIPIENT comply with the following non-exclusive list of regulations commonly applicable to DHS grants, as applicable to this Agreement and the Grant Plan:

(a) Administrative Requirements:

1. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).

(b) Cost Principles:

1. 2 CFR Part 200, Subpart E - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133);

2. Federal Acquisition Regulations (FAR), Part 31.2 Contract Principles and Procedures, Contracts with Commercial Organizations.

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FY 24 UASI – Fremont Fire Department Page 6 of 21 November 1, 2024

1. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).

3.6 Technology Requirements.

(a) National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all awards of Grant Funds.

(b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies, which can capture, store, analyze, transmit and/or display location-based information (i.e., information linked to a latitude and longitude), and to align any geospacial activities with the guidance available on the Federal Emergency Management Agency (“FEMA”) website.

(c) Criminal Intelligence Systems Operating Policies. Any information technology system funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies, if applicable.

(d) SUBRECIPIENT is encouraged to use the DHS guidance in Best Practices for Government Use of CCTV: Implementing the Fair Information Practice Principles, if Grant Funds are used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV systems.

3.7 Procurement Requirements.

(a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements as long as those requirements comply with all applicable federal and State of California statutes, regulations, requirements, policies, guides, guidelines and instructions.

(b) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable communication equipment, SUBRECIPIENT shall consult DHS’s SAFECOM’s coordinated grant guidance, which outlines standards and equipment information to enhance interoperable communication.

If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning.

(c) Bond requirement. SUBRECIPIENT shall obtain a performance bond for any equipment items over $250,000 or any vehicle, aircraft or watercraft financed with Grant Funds.

3.8 Subgrantee and Contractor Requirements.

(a) SUBRECIPIENT shall ensure and independently verify that any subgrantee, contractor or other entity receiving Grant Funds through or from SUBRECIPIENT is not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, under Executive Orders 12549 and 12689, as implemented at 2 CFR Part 3000. SUBRECIPIENT shall obtain documentation of eligibility before disbursing Grant Funds to any subgrantee, contractor or other entity.

SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall establish procedures for the effective use of the “Excluded Parties List System,” to assure that it does not provide Grant Funds to excluded parties. SUBRECIPIENT shall also establish procedures to provide for

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FY 24 UASI – Fremont Fire Department Page 7 of 21 November 1, 2024 effective use and/or dissemination of the list to assure that its grantees and subgrantees, including contractors, at any tier do not make awards in violation of the non-procurement debarment and suspension common rule.

(b) SUBRECIPIENT shall ensure that any subgrantee, contractor or other entity receiving Grant Funds through or from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New Restrictions on Lobbying; and

(c) SUBRECIPIENT shall ensure that any subgrantee, contractor or other entity receiving Grant Funds through or from SUBRECIPIENT complies with the requirements of 2 CFR Part 3001, Requirements for Drug-Free Workplace (Financial Assistance).

3.9 Monitoring Grant Performance.

(a) City and the UASI Management Team are both authorized to perform periodic monitoring reviews of SUBRECIPIENT’s performance under this Agreement, to ensure that the Grant Plan goals, objectives, performance requirements, timelines, milestone completion, budgets and other criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a combination of desk-based reviews and on-site monitoring visits, inspection of records, and verifications of grant activities. These reviews will involve a review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. The reviews may include, but are not limited to:

1. Evaluating eligibility of expenditures;

2. Comparing actual grant activities to those approved by the Approval Authority and specified in the Grant Plan;

3. Ensuring that any advances have been deposited in an interest bearing account and disbursed in accordance with applicable guidelines; and

4. Confirming compliance with: Grant Assurances; information provided on performance reports and payment requests; and needs and threat assessments and strategies.

(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any subgrantee, contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement includes but is not limited to mandatory on-site verification visits.

(c) If after any monitoring review, the DHS or Cal OES makes findings that require a Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests from SUBRECIPIENT until the findings are resolved.

3.10 Disbursement Procedures. San Francisco shall disburse Grant Funds to SUBRECIPIENT as follows:

(a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified for notices pursuant to Article 9, a document ("Reimbursement Request") substantially in the form attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein.

The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any Reimbursement Request.

(b) The UASI Management Team will review all Reimbursement Requests for compliance with this Agreement and all applicable guidelines and requirements. The UASI Management Team will

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FY 24 UASI – Fremont Fire Department Page 8 of 21 November 1, 2024 return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request.

(c) The UASI Management Team will submit any Reimbursement Request that is approved by the UASI Management Team to DEM. City through DEM shall review the Reimbursement Request for compliance with this Agreement and all applicable guidelines and requirements. City shall return to the UASI Management Team any Reimbursement Request that is not approved by City, with a brief explanation of the reason for the rejection of the Reimbursement Request.

(d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is in all respects acceptable to the UASI Management Team and to City.

(e) If SUBRECIPIENT is not in compliance with any provision of this Agreement, City may withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently complies with all terms and conditions of the Agreement.

3.11 Disallowance. SUBRECIPIENT agrees that if it claims or receives reimbursement from City for an expenditure that is later disallowed by the State of California or the federal government, SUBRECIPIENT shall promptly refund the disallowed amount to City upon City’s written request. At its option, City may offset all or any portion of the disallowed amount against any other payment due to SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT’s obligation hereunder to refund the remainder of the disallowed amount.

3.12 Sustainability. Grant Funded programs that contain continuing personnel and operating expenses, over and above planning and implementation costs, must be sustained once the Grant Funding ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life of equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and agrees that this sustainability requirement is a material term of the Agreement.

3.13 EHP Requirements.

(a) Grant Funded projects must comply with the federal Environmental and Historic Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews and approved the project. Examples of projects that may impact EHP resources include: communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of any project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project information to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review, and to prepare any documents requested for the review. SUBRECIPIENT shall comply with all conditions placed on the project as the result of the EHP review, and implement any treatment or mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the UASI Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing documents and/or implementing treatment or mitigation measures. Any change to the approved project scope of work will require re-evaluation for compliance with EHP requirements. If ground disturbing activities occur during project implementation, SUBRECIPIENT shall notify the UASI Management Team and ensure monitoring of ground disturbance. If any potential archeological resources are

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FY 24 UASI – Fremont Fire Department Page 9 of 21 November 1, 2024 discovered, SUBRECIPIENT shall immediately cease construction in that area and notify the UASI Management Team, which will notify the appropriate State Historic Preservation Office. If SUBRECIPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall complete its Federal Communication Commission (“FCC”) EHP process before preparing its Cal OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission.

(b) Any construction or other project that SUBRECIPIENT initiates without the necessary EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that may be placed on the project as the result of FEMA’s and/or Cal OES's EHP review will result in the denial of Reimbursement Requests.

3.14 National Energy Conservation Policy and Energy Policy Acts. SUBRECIPIENT shall comply with the following requirements:

(a) Grant Funds may not be used in contravention of the Federal buildings performance and reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation Policy Act (42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and

(b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of 1992 (42 USC §13212).

3.15 Royalty-Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty- free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b) any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights that arise from, or are purchased with, Grant Funds.

3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or developed under this Agreement prominently contain the following statement: “This document was prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate (FEMA/GPD) within the US Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the US Department of Homeland Security.”

ARTICLE 4
REPORTING REQUIREMENTS; AUDITS

4.1 Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner, financial, operational and other reports, as requested by the UASI Management Team or by City, in form and substance satisfactory to the UASI Management Team or City. Such reports, including any copies, shall be submitted on recycled paper and printed on double-sided pages, to the maximum extent possible.

4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the UASI Management Team and City immediately of (a) any Event of Default or event that, with the passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause any of the representations or warranties contained in Article 5 to be false or misleading at any time during the term of this Agreement; and (c) any change of circumstances or events that would cause SUBRECIPIENT to be out of compliance with the Grant Assurances in Appendix B.

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FY 24 UASI – Fremont Fire Department Page 10 of 21 November 1, 2024

4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial books and accounting records relating to Authorized Expenditures and to Grant Funds received and expended under this Agreement, together with all invoices, documents, payrolls, time records and other data related to the matters covered by this Agreement, whether funded in whole or in part with Grant Funds. SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than three (3) years after expiration of this Agreement or until any final audit by Cal OES has been fully completed, whichever is later.

4.4 Inspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team and to City, and to UASI Management Team and City employees and authorized representatives, during regular business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be established and maintained by SUBRECIPIENT under Section 4.3, and allow access and the right to examine those items. SUBRECIPIENT shall permit the UASI Management Team and City, and UASI Management Team and City employees and authorized representatives, to inspect, audit, examine and make excerpts and transcripts from any of the foregoing. The rights of the UASI Management Team and City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to maintain such files, records, books, invoices, documents, payrolls and other data under this Article 4. The DHS, the Comptroller General of the United States or designee, and Cal OES shall have the same inspection and audit rights as the City and UASI Management Team.

SUBRECIPIENT shall cooperate with any federal or state audit.

4.5 Audit Report. If the amount specified in Section 3.2 of this agreement is $750,000 or more, SUBRECIPIENT shall submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with GAO’s Government Auditing Standards, and 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. SUBRECIPIENT shall submit its audit report to the UASI Management Team no later than six months after the end of SUBRECIPIENT’s fiscal year.

ARTICLE 5

REPRESENTATIONS AND WARRANTIES

SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all times throughout the term of this Agreement:

5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the UASI Management Team or to City in connection with this Agreement, any Reimbursement Request or any other document relating to any of the foregoing, contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made.

5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies that it is eligible to receive federal funds, and specifically certifies as follows:

(a) SUBRECIPIENT is not suspended, debarred or otherwise excluded from participation in federal assistance programs, as required by Executive Order 12549 and 12689, “Debarment and Suspension” and implemented at 2 CFR Part 3000.

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FY 24 UASI – Fremont Fire Department Page 11 of 21 November 1, 2024 (b) SUBRECIPIENT complies with 31 U.S.C. §1352, Limitation on use of appropriated funds to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6 CFR Part 9.

(c) SUBRECIPIENT complies with the Drug-Free Workplace Act of 1988, as amended, 41 U.S.C. §701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug-free workplace as required under that Act and implementing regulations.

(d) SUBRECIPIENT is not delinquent in the repayment of any federal debt. See OMB Circular A-129.

SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material terms of the Agreement.

5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National Incident Management System ("NIMS") compliance requirements, and report full NIMS compliance via the National Incident Management System Capability Assessment Support Tool ("NIMSCAST"). By executing this Agreement, SUBRECIPIENT certifies that it is in full NIMS compliance, and that it has reported that compliance via the NIMSCAST. SUBRECIPIENT shall provide documentation of its NIMS compliance to the UASI Management Team. SUBRECIPIENT acknowledges that this certification is a material term of the Agreement.

ARTICLE 6

INDEMNIFICATION AND GENERAL LIABILITY

6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by SUBRECIPIENT’s performance of this Agreement, including, but not limited to, the following: (a) a material breach of this Agreement SUBRECIPIENT; (b) a material breach of any representation or warranty of SUBRECIPIENT contained in this Agreement; (c) any personal injury or death caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees, subgrantees or agents; (d) any loss of or damage to property caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees, subgrantees or agents; (e) the use, misuse or failure of any equipment or facility used by SUBRECIPIENT, or by any of its employees, subgrantees or agents, regardless of whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by an Indemnified Party; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under Section 10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right or trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or services furnished by SUBRECIPIENT or its employees, subgrantees or agents to such Indemnified Party in connection with this Agreement. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and San Francisco’s costs of investigating any claims against San Francisco.

6.2 Duty to Defend; Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of Section 6.1, regardless of whether the allegations asserted in connection with such Loss are or may be groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the Indemnified Party and continues at all times thereafter. The Indemnified Party shall give SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such

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FY 24 UASI – Fremont Fire Department Page 12 of 21 November 1, 2024 Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of interest between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBRECIPIENT’s ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in liability with respect thereto.

6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT’s acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any Indemnified Party may have under applicable law with respect to such damages.

6.4 LIMITATION ON LIABILITY OF SAN FRANCISCO. CITY’S OBLIGATIONS UNDER

THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION

CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION

RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF

WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,

CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS,

ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.

ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE

7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Agreement:

(a) False Statement. Any statement, representation, certification or warranty contained in this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI Management Team or to City under this Agreement is found by the UASI Management Team or by City to be false or misleading.

(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and when performance or observance is due and such failure or breach continues for a period of ten (10) days after the date on which such performance or observance is due.

(c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or breaches any of the terms or provisions of Article 12.

(d) Voluntary Insolvency. SUBRECIPIENT (i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT’s property or (v) takes action for the purpose of any of the foregoing.

(e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian,

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FY 24 UASI – Fremont Fire Department Page 13 of 21 November 1, 2024 receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to any substantial part of SUBRECIPIENT’s property, (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or (iii) ordering the dissolution, winding-up or liquidation of SUBRECIPIENT.

7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City may do any of the following, individually or in combination with any other remedy:

(a) Termination. City may terminate this Agreement by giving a written termination notice to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted and approved by the UASI Management Team and by City prior to the date of termination specified in such notice.

(b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a Reimbursement Request or whether the UASI Management Team and/or City has approved the disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events of Default shall be disbursed without interest.

(c) Return of Grant Funds. City may demand the immediate return of any previously disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of this Agreement, together with interest thereon from the date of disbursement at the maximum rate permitted under applicable law.

7.3 Termination for Convenience.

(a) City shall have the option, in its sole discretion, to terminate this Agreement, at any time during the term hereof, for convenience and without cause. City shall exercise this option by giving SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination shall become effective.

(b) Upon receipt of the notice, SUBRECIPIENT shall commence and perform, with diligence, all actions necessary on the part of SUBRECIPIENT to effect the termination of this Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to third parties as a result of termination. All such actions shall be subject to the prior approval of the UASI Management Team.

(c) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the UASI Management Team an invoice for all Authorized Expenses incurred through the termination date.

For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team as specified in subparagraph (b).

(d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its contractors or subgrantees after the termination date specified by City.

(e) City’s payment obligation under this Section shall survive termination of this Agreement.

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7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The remedies contained herein are in addition to all other remedies available to City at law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any way be deemed to waive any other remedy.

ARTICLE 8

ASSIGNMENTS

8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly, assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI Management Team; provided, however, that any contractor or subgrantee specifically referenced in Appendix A shall not require the consent of Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the interest of SUBRECIPIENT involuntarily or by operation of law without the prior written consent of City. A change of ownership or control of SUBRECIPIENT or a sale or transfer of substantially all of the assets of SUBRECIPIENT shall be deemed an assignment for purposes of this Agreement.

8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1 shall confer no rights on any person or entity and shall automatically be null and void.

8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for the performance by any subgrantee contractor, or assignee of all of the covenants, terms and conditions in this Agreement.

ARTICLE 9

NOTICES AND OTHER COMMUNICATIONS

9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests and other communications hereunder shall be in writing, shall be addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class, certified with return receipt requested and with appropriate postage, (b) hand delivered or (c) sent via e- mail:

If to San Francisco:

San Francisco Department of Emergency Management
City Hall - 1 Dr Carlton B Goodlett Pl, Room 344
San Francisco, CA 94102
Attn: Mary Ellen Carroll, Executive Director
[email protected]

If to the UASI Management Team:

UASI Management Team
1663 Mission Street, Suite #320
San Francisco, CA 94103
Attn: Adrienne Bechelli, General Manager
[email protected]

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FY 24 UASI – Fremont Fire Department Page 15 of 21 November 1, 2024 If to SUBRECIPIENT:

Subrecipient Department Name: Fremont Fire Department
Address:3300 Capitol Ave., Bldg A
Fremont, Ca 94538
Attn Name: Donna Do, Management Analyst II
Email: [email protected]

9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt, completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized agent of the party to whom the notice was sent; or (c) if sent via email, with the sender using the receipt notice feature.

9.3 Change of Address. From time to time any party hereto may designate a new address or recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI Management Team.

ARTICLE 10

MISCELLANEOUS

10.1 No Waiver. No waiver by San Francisco of any default or breach of this Agreement shall be implied from any failure by the UASI Management Team or San Francisco to take action on account of such default if such default persists or is repeated. No express waiver by San Francisco shall affect any default other than the default specified in the waiver and shall be operative only for the time and to the extent therein stated. Waivers by San Francisco of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the UASI Management Team or San Francisco of any action requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act.

10.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement; provided, however, that the General Manager or designee may establish alternate procedures for modification of the Appendix A and the Grant Plan.

10.3 Governing Law; Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Francisco.

10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by this Agreement.

10.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.

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10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and supersedes all other oral or written provisions. The following Appendices are attached to and a part of this Agreement:

• Appendix A, Authorized Expenditures and Timelines
• Appendix B, Grant Assurances
• Appendix C, Form of Reimbursement Request

10.7 Certified Resolution of Signatory Authority. Upon request of San Francisco, SUBRECIPIENT shall deliver to San Francisco a copy of the corporate resolution(s) authorizing the execution, delivery and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of SUBRECIPIENT.

10.8 Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.

10.9 Successors; No Third-Party Beneficiaries. Subject to the terms of Article 8, the terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity (other than the parties hereto and their respective successors and assigns and, in the case of Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions or provisions contained herein.

10.10 Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following provisions of this Agreement shall survive and continue following expiration or termination of this Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B.

10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement and to carry out the purpose of this Agreement in accordance with this Agreement.

10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or organizations receiving federal funds is now required. As defined by the Office of Management and Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA reporting requirements. The Transparency Act definition of “Federal awards” includes not only prime awards for grantees, cooperators, and contractors, but also awards to sub-recipients. If applicable, SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days of receipt of this Agreement.

1. Subawards greater than $25,000:
a) Name of entity receiving award;
b) Amount of award;
c) Funding agency;
d) The Catalog of Federal Domestic Assistance program number;

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FY 24 UASI – Fremont Fire Department Page 17 of 21 November 1, 2024 e) Award title (descriptive of the purpose of the funding action); f) Location of the entity and primary location of performance including city, state, and Congressional district;
g) Dun & Bradstreet (D&B) DUNS Number of the entity, and its parent if applicable; and, h) Total compensation and names of top five executives (same thresholds as for prime recipients).

2. The Total compensation and names of the top five executives if:
a) 80% or more of annual gross revenues are from Federal awards (contracts, sub-contracts and Federal financial assistance), and $25,000,000 or more in annual gross revenues from Federal awards; and,
b) Compensation information is not already available through reporting to the Securities and Exchange Commission.

10.13 Cooperation with UASI Programs and Activities.

(a) Subject to reasonable terms and conditions, SUBRECIPIENT agrees to participate in UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of such exercises.

(b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant Funds.

(c) SUBRECIPIENT agrees to provide input towards the development of the regional Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) as requested by UASI.

(d) SUBRECIPIENT agrees to complete the 2024 Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture.

The Chief Information Officer (CIO), Chief Information Security Officer (CISO) or equivalent for each recipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment.

(e) SUBRECIPIENT agrees to provide a preference for the purchase of goods, products or materials produced in the United States in accordance with 2 CFR Part 200, Section 322.

ARTICLE 11

INSURANCE

11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT’s liability pursuant to Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the Agreement, insurance in the following amounts and coverages:

(a) Workers’ Compensation, in statutory amounts, with Employers’ Liability Limits not less than $1,000,000 each accident, injury, or illness; and

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FY 24 UASI – Fremont Fire Department Page 18 of 21 November 1, 2024 (b) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and

(c) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-Owned and Hired auto coverage, as applicable.

11.2 Additional Requirements for General and Automobile Coverage. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:

(a) Name as Additional Insured the City and County of San Francisco, its Officers, Agents, and Employees.

(b) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought.

11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers’ Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss.

SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors.

11.4 Additional Requirements for All Policies. All policies shall provide thirty days’ advance written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason. Notices shall be sent to the City address in Article 9, Notices and Other Communications.

11.5 Required Post-Expiration Coverage. Should any of the required insurance be provided under a claims-made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies.

11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.

Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above.

11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement, requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion, until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement effective on the date of such lapse of insurance.

11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.

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11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of SUBRECIPIENT hereunder.

11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor or subgrantee will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the subcontractor or subgrantee shall provide all necessary insurance and shall name the City and County of San Francisco, its officers, agents and employees and the SUBRECIPIENT as additional insureds.

11.11 Authority to Self-Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self- insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide proof of self-insurance, in a form acceptable to San Francisco, in the amounts of each line of self-insurance.

ARTICLE 12

COMPLIANCE

12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee, San Francisco employee working with SUBRECIPIENT or any subgrantee of SUBRECIPIENT, applicant for employment with SUBRECIPIENT or subgrantee of SUBRECIPIENT, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.

12.2 Conflict of Interest. Through its execution of this Agreement, SUBRECIPIENT acknowledges that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California, and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will immediately notify City if it becomes aware of any such fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or involving the use of Grant Funds.

12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs, services and other activities provided by a public entity to the public, whether directly or through a grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate against any person protected under the ADA in connection with all or any portion of the Grant Plan and shall comply at all times with the provisions of the ADA.

12.4 Prohibition on Political Activity with City Funds. In accordance with San Francisco Administrative Code Chapter 12G, SUBRECIPIENT may not participate in, support, or attempt to influence any political campaign for a candidate or for a ballot measure (collectively, “Political Activity”) in the performance of the services provided under this Agreement. SUBRECIPIENT agrees to comply with San Francisco Administrative Code Chapter 12G and any implementing rules and regulations promulgated by San Francisco’s Controller. The terms and provisions of Chapter 12G are incorporated herein by this reference. In the event Contractor violates the provisions of this section, San Francisco may, in addition to any other rights or remedies available hereunder, (i) terminate this Agreement, and (ii) prohibit SUBRECIPIENT from bidding on or receiving any new City contract for a period of two (2) years. The Controller will not consider SUBRECIPIENT’s use of profit as a violation of this section.

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12.5 Submitting False Claims; Monetary Penalties. Pursuant to San Francisco Administrative Code §21.35, any contractor, subcontractor or consultant who submits a false claim shall be liable to the City for the statutory penalties set forth in that section. A contractor, subcontractor or consultant will be deemed to have submitted a false claim to the City if the contractor, subcontractor or consultant: (a) knowingly presents or causes to be presented to an officer or employee of the City a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the City; (c) conspires to defraud the City by getting a false claim allowed or paid by the City; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the City; or (e) is a beneficiary of an inadvertent submission of a false claim to the City, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the City within a reasonable time after discovery of the false claim.

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FY 24 UASI – Fremont Fire Department Page 21 of 21 November 1, 2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein.

CITY AND COUNTY OF SAN FRANCISCO:

SAN FRANCISCO DEPARTMENT OF

EMERGENCY MANAGEMENT

By:

_________________________________

ADRIENNE BECHELLI

GENERAL MANAGER, BAY AREA UASI

ON BEHALF OF

MARY ELLEN CARROLL

EXECUTIVE DIRECTOR, SAN FRANCISCO

DEPARTMENT OF EMERGENCY

MANAGEMENT

Approved as to Form:

David Chiu
City Attorney

By: ___________________________________

CHRISTINA FLETES-ROMO

DEPUTY CITY ATTORNEY
CITY OF FREMONT:

FREMONT FIRE DEPARTMENT

By:

__________________________________

BRIAN STOTT

ASSISTANT CITY MANAGER

Federal Tax ID #: 94-6027361

Approved as to Form:

By: ___________________________________
ROCIO V. FIERRO

SENIOR DEPUTY CITY ATTORNEY

Attachments:

Appendix A- Authorized Expenditures and Timelines
Appendix B- Grant Assurances
Appendix C- Form of Reimbursement Request

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FY 24 UASI – Fremont Fire Department A-1 November 1, 2024 Appendix A — Authorized Expenditures and Timelines

ENTITY: FREMONT FIRE DEPARTMENT

Total allocation to be spent on the following solution areas:

Webgrants Grants
Number Program Description Due Dates

Solution Areas Amount
Project Title: Chemical Identification Analyzer
25112
Funds to purchase a handheld chemical identification
analyzer with a library encompassing 13,000 chemicals.

This device is crucial for identifying potential terrorist threats involving chemical and biological weapons.

Project
Completion date:
12/31/2025

Equipment:

AEL# (07ED-01-LASR)

PROJECT
NOT TO
EXCEED
$190,000
Project Title: Handheld Thermal Imaging Cameras
25122
Funds to purchase 20 handheld thermal imaging cameras
replacement for our currently outdated units.

Project
Completion date:
12/31/2025

Equipment::

AEL# (03OE-02-TILA )

PROJECT
NOT TO
EXCEED
$120,000
TOTAL

ALLOCATION

TOTAL NOT
TO EXCEED:
$310,000

EQUIPMENT

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FY 24 UASI – Fremont Fire Department A-2 November 1, 2024 Reimbursement for Equipment Requires:
• An approved EHP memo, if applicable.
• A performance bond is required for any equipment item that exceeds $250,000, or for any vehicle, aircraft, or watercraft, regardless of the cost.

Failure to obtain and submit a performance bond to the UASI may result in disallowance of cost. • As allowable under Federal guidelines, procurement of equipment must follow local policies and procedures for competitive purchasing (provided they are not in conflict with Federal regulations which supersede them). If sole source approval is needed, SUBRECIPIENT must transmit the request to the UASI for request to the State. • Prior to reimbursement, SUBRECIPIENT must submit all invoices, AEL numbers, and a list of all equipment ID numbers and the deployed locations.
• SUBRECIPIENT must inventory, type, organize and track all equipment purchased in order to facilitate the dispatch, deployment, and recovery of resources before, during, and after an incident.

________________________________________________________________________________________________________

• All requests for reimbursements must be submitted within 30 days of project completion unless an earlier deadline is set in this Appendix. SUBRECIPIENT should submit reimbursement requests on a quarterly basis, as applicable. • Authorized expenditures must fall into one of the following categories: Planning, Organization, Equipment, Training, or Exercises. Descriptions of authorized expenditures are in the following documents:
• FY 2024 Homeland Security Grant Program Notice of Funding Opportunity: The U. S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2024 Nonprofit Security Grant Program | FEMA.gov • California Supplement to the Federal Funding Opportunity Announcement, dated October 2024, available at https://www.caloes.ca.gov/wp-content/uploads/Grants/Documents/FY2023-HSGP-State-Supplement.pdf as “FY 2024 Homeland Security Grant Program California Supplement to the Federal Notice of Funding Opportunity.” • Authorized Equipment List: http://www.fema.gov/authorized-equipment-list • Cal OES Rules and Regulations, including the Recipient Handbook: https://www.caloes.ca.gov/wp- content/uploads/Grants/Documents/2024_Subrecipient_Handbook.pdf • Any equipment purchased under this Agreement must match the UASI 2024 Grant Application Workbook. Any modification to the inventory list in that Workbook must receive prior written approval from by the Bay Area UASI Program Manager.

• No Management and Administration expenses are allowed, unless expressly identified and authorized in this Appendix.

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FY 24 UASI – Fremont Fire Department A-3 November 1, 2024 • Sustainability requirements may apply to some or all of the grant funded projects or programs authorized in this Appendix. See Agreement, 3.12.

• All EHP documentation must be submitted and approved prior to any expenditure of funds requiring EHP submission.

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Appendix B-- Grant Assurances

Name of Jurisdiction: Fremont Fire Department (“SUBRECIPIENT”) Name of Authorized Agent: Brian Stott Title: Assistant City Manager Address: 3300 Capitol Ave. Bldg A
City: Fremont State: CA Zip Code: 94538
Telephone Number: (510) 494 -4664
E-Mail Address: [email protected]

As the duly authorized representative of the SUBRECIPIENT, I hereby certify that the SUBRECIPIENT has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

The requirements outlined in these assurances apply to SUBRECIPIENT and any of its subrecipients.

I further acknowledge that the SUBRECIPIENT is responsible for reviewing and adhering to all requirements within the:

(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.) and adopted by the Department of Homeland Security (DHS) at 2 C.F.R. Part 3002.10. Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, SUBRECIPIENTs will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate SUBRECIPIENT acceptance of the changes to the subaward.

State and federal grant award requirements are set forth below. The SUBRECIPIENT hereby agrees to comply with the following:

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1. Proof of Authority
The SUBRECIPIENT will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the SUBRECIPIENT and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the SUBRECIPIENT and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The SUBRECIPIENT is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and (e) The official executing this agreement is authorized by the SUBRECIPIENT.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The SUBRECIPIENT is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the SUBRECIPIENT certifies that:

(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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The SUBRECIPIENT will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the SUBRECIPIENT agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the SUBRECIPIENT will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The SUBRECIPIENT certifies that it and its subrecipients:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the SUBRECIPIENT is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The SUBRECIPIENT will comply with all state and federal statutes relating to non- discrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;

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(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
(k) (DHS) policy to ensure the equal treatment of faith-based organizations, under which the SUBRECIPIENT must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

Civil Rights Policies for Program Beneficiaries and Subrecipients of DHS funding, pertaining to the following are available on the Cal OES website:
• Non-discrimination in Programs & Services
• Reasonable Accommodation for Program Beneficiaries
• Language Access Policy

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6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the SUBRECIPIENT certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The SUBRECIPIENT will comply with state and federal environmental standards, including:

(a) The California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) The Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters;
(d) The Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and (m) The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The SUBRECIPIENT shall not be: (1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-and- desist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

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8. Audits
For subrecipients expending $1,000,000 or more in federal grant funds annually, the SUBRECIPIENT will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and C.F.R., Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
The SUBRECIPIENT must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the SUBRECIPIENT will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The SUBRECIPIENT will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The SUBRECIPIENT will establish safeguards to prohibit the SUBRECIPIENT’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The SUBRECIPIENT will comply with 31 U.S.C §§ 3729-3733 which provides that SUBRECIPIENT shall not submit a false claim for payment, reimbursement, or advance.

12. Reporting - Accountability
The SUBRECIPIENT agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The SUBRECIPIENT also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.

13. Whistleblower Protections
The SUBRECIPIENT must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The SUBRECIPIENT will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the SUBRECIPIENT or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The SUBRECIPIENT will comply with the following federal labor standards:

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(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non- profit organizations.

16. Worker’s Compensation
The SUBRECIPIENT must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the SUBRECIPIENT will:

(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and (d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the SUBRECIPIENT will:

(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance

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awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
The SUBRECIPIENT is required to comply with California Vehicle Code sections 23123 and 23123.5.

These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication.

Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of Information Act The SUBRECIPIENT acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The SUBRECIPIENT should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

21. Acknowledgment of Federal Funding from DHS
The SUBRECIPIENT must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The SUBRECIPIENT coordinate with appropriate government authorities when performing project activities outside the United States and obtain all appropriate licenses, permits, or approvals..

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the SUBRECIPIENT collects PII, the SUBRECIPIENT is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The SUBRECIPIENT may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as a useful resource.

24. Copyright
The SUBRECIPIENT must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency).

As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.
.

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25. Duplicative Cost
SUBRECIPIENT are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, SUBRECIPIENT may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The SUBRECIPIENT must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The SUBRECIPIENT is required to be non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
The SUBRECIPIENT must comply with Preference for United States Flag Air Carriers: (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certificated-air-carriers-list) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the SUBRECIPIENT must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

30. Non-supplanting Requirement
If the SUBRECIPIENT receives federal financial assistance awards made under programs that prohibit supplanting by law, the SUBRECIPIENT must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
SUBRECIPIENT are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

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32. SAFECOM
If the SUBRECIPIENT receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the SUBRECIPIENT must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
The SUBRECIPIENT must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The SUBRECIPIENT is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the SUBRECIPIENT’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the SUBRECIPIENT must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act of 2001
The SUBRECIPIENT must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.

36. Use of DHS Seal, Logo, and Flags
The SUBRECIPIENT must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

37. Performance Goals (HSGP and NSGP)
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the SUBRECIPIENT must demonstrate how the grant-funded project addresses the core capability gap associated with each project. The capability gap reduction must be addressed in the Project Description of the BSIR for each project.

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the SUBRECIPIENT and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

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39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials The SUBRECIPIENT must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. SUBRECIPIENTs receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.

40. Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
The SUBRECIPIENT must comply with the requirements of section 12(c) of Executive Order 14074.

The SUBRECIPIENT is also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

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IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. SUBRECIPIENT recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on SUBRECIPIENT, its successors, transferees, assignees, etc. as well as any of its subrecipients. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the SUBRECIPIENT and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the SUBRECIPIENT may be ineligible for award of any future grants if Cal OES determines that the SUBRECIPIENT: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. SUBRECIPIENTs are bound by the DHS Standard Terms and Conditions 2024, Version 2, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the SUBRECIPIENT.

SUBRECIPIENT: ________________________
Signature of Authorized Agent: _____________________________________________________ Printed Name of Authorized Agent: ________________________ Title: ________________________
Date: ________________________

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FY 2024 UASI – Fremont Fire Department C-1 November 1, 2024 Appendix C -- Form of Reimbursement Request

REIMBURSEMENT REQUEST

Date: __________________

UASI Management Team
1663 Mission Street, Suite 320
San Francisco, CA 94102

Re: FY 24 UASI Grant Reimbursement Request

Pursuant to Section 3.10 of the “Agreement between the City and County of San Francisco and the Fremont Fire Department for the Distribution of FY 2024 UASI Grant Funds” (the "Agreement"), dated NOVEMBER 1, 2024 between the Fremont Fire Department (“SUBRECIPIENT”) and the City and County of San Francisco, SUBRECIPIENT hereby requests reimbursement as follows:

Total Amount of
Reimbursement Requested
in this Request:

$_______________

Maximum Amount of
Funds Specified in
Section 3.2 of the
Agreement:

$_______________

Total of All Funds
Disbursed Prior to this
Request:

$_______________

SUBRECIPIENT certifies that:

(a) The total amount of funds requested pursuant to this Reimbursement Request will be used to reimburse SUBRECIPIENT for Authorized Expenditures, which expenditures are set forth on the attached Schedule 1, to which are attached true and correct copies of all required documentation of such expenditures.

(b) After giving effect to the disbursement requested pursuant to this Reimbursement Request, the Funds disbursed as of the date of this disbursement will not exceed the maximum amount set forth in Section 3.2 of the Agreement, or the not to exceed amounts specified in Appendix A for specific projects and programs.

(c) The representations, warranties and certifications made in the Agreement are true and correct in all material respects as if made on the date hereof, and SUBRECIPIENT is in compliance with all Grant Assurances in Appendix B of the Agreement. Furthermore, by signing this report, SUBRECIPIENT certifies to the best of their knowledge and belief that the report is true,

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FY 2024 UASI – Fremont Fire Department C-2 November 1, 2024 complete and accurate and expenditures, disbursements, and cash receipts are for the purpose and objectives set forth in the terms and conditions of the federal award. SUBRECIPIENT is aware that any false, fictitious or fraudulent information or the omission of any material fact, may subject SUBRECIPIENT to criminal civil or administrative penalties for fraud, false statements, false claims or otherwise.

(d) No Event of Default has occurred and is continuing.

(e) The undersigned is an officer of SUBRECIPIENT authorized to execute this Reimbursement Request on behalf of SUBRECIPIENT.

Signature of Authorized Agent: ______________________________________________

Printed Name of Authorized Agent: ___________________________________________

Title: ____________________________________ Date: __________________________

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FY 2024 UASI – Fremont Fire Department C-3 November 1, 2024 SCHEDULE 1 TO REQUEST FOR REIMBURSEMENT
The following is an itemized list of Authorized Expenditures for which reimbursement is requested:

The following are attached as part of this Schedule 1 (Please check items that are applicable):

Planning:

☐ Invoice/Payroll Charges
☐ Payroll Register
☐ Cleared Check Payment
☐ Job Description
☐ Functional Timesheets
☐ Deliverables/Progress Reports

Organization:

☐ Invoice/Payroll Charges
☐ Payroll Register
☐ Cleared Check Payment
☐ Job Description
☐ Functional Timesheets
☐ Deliverables/Progress Reports

Equipment:

☐ Invoice
☐ Cleared Check Payment
☐ Purchase Order
☐ Packing Slip
☐ EHP Approval
☐ Watercraft or Aviation
☐ Sole Source
☐ Performance Bond
☐ Equipment Ledger (Please submit
electronic copy to Grants Specialist)
Training:

☐ Invoice
☐ Cleared Check Payment
☐ Training Feedback Number
☐ EHP Approval
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Attachment: Fiscal Year 2024 UASI MOU (5329 : ACCEPT AND APPROPRIATE FY 24 BAY AREA UASI GRANT) Fremont City Council Meeting: 12/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5330) DOC ID: 5330 A
Updated: 12/12/2024 11:00 AM by Dina Lewis A Page 1

RATIFY AMENDMENT TO MASTER SERVICES AGREEMENT WITH KHIT CONSULTING, INC. - Ratify Amendment to Master Services Agreement with KHIT Consulting for Electronic Health Record Support Services.

Contact Persons:

Name: Marisha Engineer Arquimides Caldera
Title: Management Analyst I Deputy Director of Human
Services
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2087 510-574-2056
E-Mail: [email protected] [email protected]

Executive Summary: On September 3, 2024, the City Council authorized the City Manager to amend a Master Services Agreement with KHIT Consulting, Inc. to assist the Human Services Department (HSD) in optimizing its Netsmart MyEvolv electronic health record system. The City, however, has several Master Services Agreements with KHIT Consulting, Inc., and the staff report for the item incorrectly referenced Agreement #20-0381 with KHIT Consulting, Inc., rather than Agreement #23-0259 with KHIT Consulting, Inc. Upon identifying the clerical error, Master Services Agreement #23-0259 with KHIT Consulting, Inc. was amended to increase the not-to-exceed amount to $300,000, as authorized by the City Council on September 3, 2024.

The purpose of this report is to seek City Council ratification of the Amendment to Master Services Agreement #23-0259 with KHIT Consulting, Inc., that was executed to increase the not-to-exceed amount consistent with the amount approved by the City Council for an amendment to Master Services Agreement Number #20-0381 on September 3, 2024, Item 2.N.

BACKGROUND: On September 3, 2024, the City Council authorized the City Manager to amend Master Services Agreement #20-0381 with KHIT Consulting, Inc. to assist the Human Services Department (HSD) with optimizing its Netsmart MyEvolv electronic health record system. As shown in Table 1, the City Council authorized an increase of $226,325 to the original not-to-exceed amount of $73,675 under Master Services Agreement #20-0381, for a new total not-to-exceed amount of $300,000.

Table 1: 9/3/24 Council Action
Master Agreement #: #20-0381
Original Not-to-Exceed
Amount: $73,675
Approved Amount: 226,325
New Not-to-Exceed Amount: $300,000

DISCUSSION/ANALYSIS: Staff subsequently determined that the September 3, 2024, Council item should have referenced Master Services Agreement #23-0259 with KHIT Consulting Inc., which covers the required services related to the electronic health record system used by HSD. After consultation with the City Attorney’s Office, the City entered into

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an amendment with KHIT Consulting, Inc. to Master Services Agreement #23-0259 to increase the original not-to-exceed of $90,000 by $210,000 for a new not-to-exceed amount of $300,000, which is the same total not-to-exceed amount previously authorized by the City Council for an amendment to Master Services Agreement #20-0381 with KHIT Consulting Inc. As shown in Table 2 below, since the original not-to-exceed amount of Master Services Agreement #23-0259 is more than the original not-to-exceed amount of Master Services Agreement #20-0381, ratification of the amendment to Master Services Agreement #23-0259 will require less additional funding than was initially authorized by Council on September 3, 2024.

Table 2:

9/3/24 Recommended
Council Action Ratified Action
Master Agreement # #20-0381 #23-0259
Original Not-to-Exceed
Amount: $ 73,675 $ 90,000
Amendment Amount: 226,325 210,000
New Not-to-Exceed
Amount: $300,000 $300,000

With this item, Staff seeks to revise the recommendation previously made to the City Council and request the City Council ratify the amendment to Master Services Agreement #23-0259 with KHIT Consulting, Inc. to increase the not-to exceed amount to $300,000.

FISCAL IMPACT: This Action has no impact on the General Fund. The not-to-exceed amount of $300,000 for the amended Master Services Agreement #23-0259 was previously authorized by the City Council on September 9, 2024.

ENVIRONMENTAL REVIEW: The proposed action 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 it has no possibility of a significant effect on the environment, as specified in CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

RECOMMENDATION: Ratify the amended Master Services Agreement #23-0259 with KHIT Consulting, Inc. to increase the total not-to-exceed amount from $265,325 to $300,000.

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Fremont City Council Meeting: 12/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5327) DOC ID: 5327
Updated: 12/13/2024 8:34 AM by Dina Lewis Page 1
WINTER 2024/2025 CODE UPDATE – Citywide – PLN2025-00065 - Public Hearng (Published Notice) to consider amending various chapters within Fremont Municipal Code Title 2 (Administration and Finance), Title 8 (Health and Safety), Title 17 (Subdivisions), and Title 18 (Planning and Zoning), and related amendments to the Warm Springs / South Fremont Community Plan, to clarify and enhance definitions, procedures, and standards related to development and use of property within the City and implement the 2023-2031 Housing Element; and to consider exemptions for the proposed amendments from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for (Review for Exemption) and §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

Contact Persons:

Name: Winnie Mui Joel Pullen
Title: Associate Planner Planning Manager
Div/Dept: Planning Community Development
Phone: 510-494-4453 510-494-4436
E-Mail: [email protected] [email protected]

Executive Summary: Staff is proposing amendments to Title 2 (Administration and Finance), Title 8 (Health and Safety), Title 17 (Subdivisions), and Title 18 (Planning and Zoning), and related amendments to the Warm Springs / South Fremont Community Plan, to clarify and enhance definitions, procedures, and standards related to development and use of property within the City and implement the 2023-2031 Housing Element.

On November 21, 2024, the Planning Commission held a public hearing to consider the proposed amendments and voted unanimously to recommend that the City Council adopt the proposed ordinance and resolution.

BACKGROUND: City staff periodically prepares updates to the Zoning Ordinance and other sections of the Fremont Municipal Code to correct errors, inconsistencies, and outdated sections; revise provisions to be consistent with State law; ensure alignment with the General Plan and other policy documents; and to create, enhance and clarify definitions, procedures, and standards. The last package of code amendments (Ordinance No. 07-2023) was adopted by the City Council on December 5, 2023.

Planning Commission Action
On November 21, 2024, the Planning Commission held a public hearing to consider the proposed amendments and voted 6-0, with one vacancy, to recommend that the City Council adopt the proposed ordinance and resolution. Prior to their vote, one member of the public spoke in opposition to the proposed amendments to commercial land uses (see Section 7 of the Draft Ordinance). The Planning Commission asked a few clarifying questions of staff related to proposed changes to affordable housing, commercial land uses,

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and car share parking spaces regulations. For more information on the Planning Commission proceedings, please see Attachment D for the Draft Planning Commission Meeting Minutes.

DISCUSSION/ANALYSIS:

Purpose
Amendments to the FMC and Warm Springs / South Fremont Community Plan are proposed for the following reasons:
• State Laws – Updates for consistency with state laws including SB 477 and AB 1287. • Housing Element Conformance – Implement Program 35 related to the establishment of minimum residential densities for mixed-use projects with housing in accordance with the 24-month program commitments in the adopted 2023 – 2031 Housing Element.
• Clarifications – Correct or update the FMC to clarify definitions and inconsistencies. • Project Streamlining – Update certain actions to be ministerial to streamline project approvals. In addition, extend the expiration date of discretionary housing development project approvals that are often delayed due to market conditions or financing issues.
• Commercial Flexibility – Allow certain uses in the commercial and mixed-use zoning districts that are prohibited to be permitted or require a zoning administrator permit. Certain uses that currently require a zoning administrator permit are proposed to be permitted by-right. Also, some uses have been reclassified based on logical grouping of use types. By allowing certain low impact uses to be permitted, it is intended to reduce the number of vacant retail spaces, decrease the time a business owner would otherwise need to wait for a discretionary permit approval, and provides more flexibility for a greater variety of retail and service uses.

Proposed FMC Text Amendments
The proposed FMC text amendments would update FMC Title 2 (Administration and Finance), Title 8 (Health and Safety), Title 17 (Subdivisions), and Title 18 (Planning and Zoning), as follows:

Draft Ordinance
Section(s)
FMC Section(s) Description

Historical
Architectural Review
Board (HARB)
1 2.20.340 – Ex officio
members
Remove the director of community
development and the building official as
nonvoting ex officio members of HARB.

Accessory Dwelling
Units (ADUs)
2, 4, 19

8.55.030 -
Definitions

18.25.986 – JADU

18.190.005 – ADUs
and JADUs
Pursuant to SB 477, update Government
Code references for ADUs and JADUs.

Lot Line
Adjustments
3 17.20.510 –
Planning manager’s
actions
Amend regulations to make lot line
adjustments a ministerial action.

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Draft Ordinance
Section(s)
FMC Section(s) Description

Lot Coverage
5 18.25.1650 – Lot
coverage
Clarify lot coverage definition.

Minimum Residential
Density for Mixed-
Use
6 18.45.020 – Building
and site standards
Pursuant to Program 35 of the 2023-2031
Housing Element, establish a minimum
density for mixed-use projects with
housing on sites outside of the Transit-
Oriented Development (TOD) Overlay
District.

Uses in Commercial
and Mixed-Use
Districts
7 18.45.060 - Uses in
commercial and
mixed-use districts
Increase flexibility to allow certain uses as
permitted or require a zoning
administrator permit, and to clarify use
categories.

Warm Springs
Master Plan
8 18.49.030 – WSI
district “planning
areas”

18.49.050 – Master
Plan Procedures

18.49.070 – WSI
district site and
building
development
standards
Table 18.49.070 –
Required Site
Development
Standards for WSI
District
Remove the Master Plan requirement
within the Warm Springs Innovation
District.

Single-Family Visual
Privacy
9 18.90.030 –
Development
standards
Correct that visual privacy is not an
objective standard.

TOD Parking
10 18.152.070 -
Parking
Correct parking maximums for uses within
the TOD overlay district that was
incorrectly removed during the last code
update cycle.

Allow the zoning administrator to
determine the maximum number of
parking spaces for uses not listed within
the TOD overlay district.

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Draft Ordinance
Section(s)
FMC Section(s) Description

Affordable Housing
11, 12, 13

18.155.020 –
Definitions

18.155.070 –
Continued
affordability

18.155.080 –
Alternatives for for-
sale residential
projects
Update the definition of low-income
households to align with the definition in
Cal. Health & Safety Code § 50052.5(b).

Increase the minimum term of affordable
housing units from 30 years to 45 years to
preserve affordable housing for a longer
period.

Clarify that payment of affordable housing
in-lieu fees is not subject to discretionary
approval.

Density Bonus
14 18.165.030 –
Calculation of
residential density
bonus and number
of incentives and
concessions
Pursuant to AB 1287, include a “stackable”
density bonus and increase the number of
incentives or concessions from four to five.

Car Share
15 18.183.172 –
Alternative and
shared
transportation and
electric vehicle
parking spaces
Allow the planning manager to waive the
car share parking requirement if an
applicant demonstrates they have made
all reasonable efforts to enter a contract
with a car share provider.

Mechanical Car
Parking Lifts
16 18.183.176 –
Mechanical parking
systems
Remove mechanical car parking lift
clearance and stall height requirements
and instead require projects to comply
with manufacturer specifications.

Parking and Vehicle
Storage
17 18.183.180 –
Parking and storage
of vehicles and
equipment on one-
and two-family lots
and residential
streets
Remove standards related to parking on
residential streets in alignment with
November 2024 City Council-adopted
amendments to Title 10 (Vehicles and
Traffic).

Solar Access
Preservation
18 18.186.040 –
Exemptions
Clarify that ADUs and SB 9 two-unit
development projects are not subject to
the solar access preservation ordinance.

Temporary Office
Trailers
20 18.190.360 – Mobile
homes and trailers
not in mobile home
parks – Use as
temporary office
Allow temporary office trailers when in
conjunction with a hospital use to be
approved ministerially by the Zoning
Administrator.

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Draft Ordinance
Section(s)
FMC Section(s) Description

Design Review
Modifications
21 18.235.100 –
Amendments to
design review
permits
Allow projects with an approved design
review permit that propose modifications
that are compliant with applicable
development standards and objective
design standards to be subject only to
ministerial review.

Approval Time Limits
22 18.330.030 – Time
limits on approvals
Increase the expiration date for
discretionary zoning approvals that include
a housing project from 24 months to 48
months.

Proposed Warm Springs / South Fremont Community Plan Amendments Amendments to the Warm Springs / South Fremont Community Plan are proposed to establish consistency with proposed FMC code amendments that would remove the Warm Springs Master Plan requirement, as outlined in Section 8 in the table above.

General Plan Conformance
The proposed amendments would be consistent with the General Plan and the following goals and implementation measures contained in the Land Use Element, Housing Element, and Economic Development Element:

• Land Use Element Implementation 2-2.5.A: Zoning Update. Update Fremont’s zoning regulations, including the zoning map, to achieve consistency with the General Plan vision and Land Use Plan and shift toward a form-based approach to regulating development in City Center and the Town Centers. The update should reflect best practices in zoning, including the use of form-based codes, and should explore innovative and creative ways to achieve a more pedestrian-friendly and sustainable land use pattern. At the same time, the update should also address zoning “fundamentals” such as definitions, allowable densities and floor area ratios, height and bulk controls, and the use of overlays to achieve place specific objectives.

Analysis: The proposed amendments would update the City’s land use regulations to achieve consistency with the General Plan and State law, and to support quality development, compatible land uses, and the reduction of nuisances. The proposed amendments reflect recognized best practices in zoning and planning. • Housing Element Goal 6: Maintain a compliant housing element and zoning ordinance. - Goal 6 focuses on consistent evaluation of the effectiveness of Housing Element programs during the planning period, and adjusting/adapting to changes in state law, and economic conditions to stay on target with housing goals.

Analysis: The proposed amendments would implement Housing Element Program 35 to set density minimums outside of the Transit-Oriented Development (TOD) Overlay District. In addition, the proposed amendments would align with changes to State law related to housing development.

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• Economic Development Element Implementation 6-1.3.C: Update Commercial/Industrial Zoning. Perform a comprehensive update of Fremont's commercial and industrial zoning to include references to the North American Industry Classification System (NAICS) to update business classifications. Regularly update the zoning to consider the needs of emerging industries.

Analysis: Certain commercial land uses with operational characteristics that have traditionally resulted in minimal impact on adjoining uses are proposed to be permitted or require a zoning administrator permit based on increasing demand for more service- and recreation-related uses. The proposed amendments will increase the likelihood of these low-impact land uses establishing within the City’s commercial and mixed-use zoning districts, thereby providing a greater variety of uses to serve Fremont residents.
• Economic Development Element Implementation 6-3.3.A: Warm Springs / South Fremont Community Plan. Utilize the Warm Springs/South Fremont Community Plan as the guiding document for promoting and expanding industrial, manufacturing, research and development, and professional Class A office businesses in the Innovation Center. Update the Community Plan as necessary to reflect development trends, land use changes, and emerging City priorities.

Analysis: Updates to the Warm Springs/ South Fremont Community Plan are limited to removal of the Warm Springs Master Plan requirement. Removing the Warm Springs Master Plan requirement would streamline development for the remaining undeveloped lots within the Warm Springs Innovation District.

Findings for Approval
In accordance with FMC Chapter 18.225, upon receipt of a Planning Commission recommendation, the City Council may approve or approve with modifications an application for amendments to zoning or a community plan when all of the findings listed in FMC Section 18.225.050(b), as stated below, can be made:

1. The proposed amendment is consistent with the General Plan and, where the amendment is to the text of the General Plan, it is consistent with the other policies and chapters.

Analysis: The proposed amendments are consistent with the General Plan Land Use Element, Housing Element, and Economic Development Element as enumerated in the General Plan Conformance section of the staff report.

2. The proposed amendment furthers the public interest, convenience, and general welfare of the city.

Analysis: The proposed amendments, which have been vetted by the Fremont Police Department and the City’s Economic Development Department, will further the public interest, convenience and general welfare of the City by ensuring consistency between the FMC and State law, and provide for zoning district uses and development standards that are relevant to current development trends, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents.

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FISCAL IMPACT: N/A

ENVIRONMENTAL REVIEW: The proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) per, each as a separate and independent basis, (1) CEQA Guidelines Section 15061 in that the amendments do not have the potential to cause a significant effect on the environment, and are not subject to CEQA review; and (2) CEQA Guidelines Section 15183, as a project consistent with the development densities in the general plan and existing zoning and which does not involve any peculiar significant effects that were not previously analyzed or discussed as significant effects in prior EIRs on the General Plan and/or zoning with which the project is consistent.

In addition, there are no previously identified significant effects which are substantially more severe than analyzed in in the prior EIR(s) or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis. Many of the amendments proposed are necessary to conform the FMC to State law, or are regulations intended to protect the environment. Any conceivable impact of the proposed amendments would be too speculative for reasoned analysis in the absence of specific development proposals.

ATTACHMENTS:
• Draft Ordinance
• Draft Resolution
• Exhibit A to Draft Resolution
• Planning Commission Meeting - Draft Minutes

RECOMMENDATIONS:

1. Hold public hearing.

6. Adopt a resolution for amendments to the Warm Springs / South Fremont Community Plan for consistency with proposed amendments to Title 18.

7. Direct staff to prepare, and the City Clerk to publish, a summary of the ordinance.

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ORDINANCE NO. ____ - 2025

AN ORDINANCE OF THE CITY OF FREMONT AMENDING VARIOUS
CHAPTERS OF FREMONT MUNCIPAL CODE TITLE 2
(ADMINISTRATION AND FINANCE), TITLE 8 (HEALTH AND SAFETY), TITLE 17 (SUBDIVISIONS), TITLE 18 (PLANNING AND ZONING) TO

CLARIFY AND ENHANCE DEFINITIONS, PROCEDURES, AND

STANDARDS RELATED TO DEVELOPMENT AND USE OF PROPERTY
WITHIN THE CITY AND IMPLMENT PROGRAM 35 OF THE CITY’S
2023-2031 HOUSING ELEMENT ; AND MAK ING FINDINGS OF CEQA EXEMPTION (PLN2025-00065).

WHEREAS, the City occasionally initiates amendments to the Fremont Municipal Code (FMC) to clarify, add, or amend certain provisions to ensure that the local regulations remain current with Federal and State law, are internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS, on January 10, 2023, the City Council conducted a public hearing, reviewed the 2023-2031 Housing Element and all pertinent maps, documents and exhibits, including the findings and recommended changes made by HCD, the City’s response to HCD’s findings, public comments, and the Planning Commission’s approval recommendation, and adopted the Hosing Element after determining it to be consistent with State law and the City’s General Plan; and WHEREAS, State law requires that the City review its Housing Element a s frequently as appropriate to evaluate the progress of the City in implementation of its Housing Element (Government Code §65588); and
WHEREAS, the proposed amendments would implement Housing Element Program 35 in accordance with State law; and
WHEREAS, on November 21, 2024, the Planning Commission held a public hearing to consider the recommended approval of the proposed amendments to the City Council; and WHEREAS, on ________________, the City Council held a public hearing to consider the recommendation of the Planning Commission regarding the proposed amendments.

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

SECTION 1. FMC §2.20.340, REPEALED
FMC §2.20.340 is repealed as follows:

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2.20.340 Ex officio members – Director of community development and building official.Repealed.

The director of community development and the building official shall be nonvoting ex officio members of the historical architectural review board. They shall not be subject to the regulations prescribed in Section 2.20.030.

SECTION 2. FMC §8.55.030, AMENDED
FMC §8.55.030 is amended to read as follows:

8.55.030 Definitions.
“Multi-unit residence” means property containing two or more units, including, but not limited to, rental complexes, condominium complexes, senior and assisted living facilities, and long- term health care facilities. Multi-unit residences do not include the following:
(1) A hotel or motel that meets the requirements of Cal. Civ. Code § 1940(b)(2); (2) A mobile home park;
(3) A campground;
(4) A marina or port;
(5) A single-family home, except if used as a child care or health care facility subject to licensing requirements; and
(6) A single-family home with a detached or attached in-law or accessory dwelling unit permitted pursuant to Cal. Gov’t Code § 65852.1, 65852.15066310, 65852.266314 or an ordinance of the city adopted pursuant to those sections, except if the single-family home or in-law/accessory dwelling unit is used as a child care or health care facility subject to licensing requirements.
[all other definitions in FMC §8.55.030 remain unchanged]

SECTION 3. FMC §17.20.510, AMENDED
FMC §17.20.510 is amended to read as follows:

17.20.510 Planning manager’s actions.

The planning manager mayshall approve a lot line adjustment when he/she finds that:

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(a) The lot line adjustment does not violate existing codes and policies; and (b) The lot line adjustment will not create difficult or unreasonable access to the parcels; and (c) The lot line adjustment would not require variances to permit standard development; and (d) Utilities and public services can be provided to the revised parcels; and (e) No street dedications or improvements are required.

The planning manager may amend such plats as a condition of approval.

SECTION 4. FMC §18.25.986, AMENDED
FMC §18.25.986 is amended to read as follows:

18.25.986 Dwelling unit, junior accessory (JADU).
“Junior accessory dwelling unit (JADU)” shall mean a unit that is no more than 500 square feet in size and is contained entirely within a single-family residence, including an attached garage. A JADU may include separate sanitation facilities, or it may share sanitation facilities with the existing structure. A JADU shall include an efficiency kitchen, which shall include a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. A JADU is subject to the regulations specified in Section 18.190.005 and shall comply with the requirements of Cal. Gov’t. Code § 65852.2266333-66339, as may be amended.

SECTION 5. FMC §18.25.1650, AMENDED
FMC §18.25.1650 is amended to read as follows:

18.25.1650 Lot coverage.
“Lot coverage” shall mean that portion of the lot area covered by a building or structure that is more than 50 percent enclosed with walls and roof including, but not limited to, attached sunrooms, enclosed patios and porches, and similar structures.

SECTION 6. FMC Table 18.45.020, AMENDED
FMC Table 18.45.020 is amended to read as follows:

Table 18.45.020

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C-O C-N C-G C-R MX TC-P TC-T
Building height1,2,3,7,
maximum
35 feet 40 feet 65
feet
65 feet7; 40
feet7 in
MSJ6 or
Niles
45 feet; 40
feet in
MSJ6 or
Niles
Building frontage1,
minimum
None, except along
urban corridors,
main streets, and in
town center place
types: At least 50% of
the building’s street-
facing facade must be
built within the build-
to-layer, defined as
within five feet of the
front property line
for interior lots and five
feet of the street-facing
property lines for corner
lots.

None None, except along urban
corridors, main streets, and in
town center place types: At
least 50% of the building’s
street-facing facade must be
built within the build-to-layer,
defined as within five feet of
the front property line
for interior lots and five feet of
the street-facing property lines
for corner lots.

Interior side
yard1 width,
minimum
None, except 10 feet when adjacent to any lot designated residential in the general plan or residentially developed.4
Yard width adjacent
to streets, minimum
None
Rear yard1 depth,
minimum
None, except 10 feet when adjacent to any lot designated residential in the general plan or residentially developed.4

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C-O C-N C-G C-R MX TC-P TC-T
Minimum ground
floor height, floor to
second floor
None 16 feet8 None
Floor
area ratio1,5 (FAR),
maximum

0.3 nonresidential; 0.6
mixed-use with housing

0.3 nonresidential;
no mixed-use
permitted

0.5 nonresidential; 1.25 mixed-
use with housing
Minimum residential
density (dwelling
units / acre) for
mixed-use with
housing when outside
of TOD Overlay

14.6 N/A 14.6
Floor
area ratio1,5 (FAR),
minimum
None: however, minimum FARs apply to properties within the TOD overlay district (see Chapter 18.152).

Lot area1, minimum 10,000 sq. ft. 20,000 sq. ft. None 20,000 sq. ft.

Lot width1, minimum 65 feet 100
feet
None 100 feet
Street frontage See Section 17.25.180 (Lot standards)

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SECTION 7. FMC Table 18.45.060-1, AMENDED
FMC Table 18.45.060-1 is amended to read as follows:

Table 18.45.060-1

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Table 18.45.060-1: Commercial and Mixed Uses
Use 2012
NAICS2
Zones
Specific Use Requirements/ Notes

C-O C-N C-G C-R MX TC-P TC-T
Assembly, Entertainment, Recreation
Fitness and recreational sports centers
including yoga and pilates studios and sports
and recreation instruction (e.g., dance, martial
arts, etc.)
713940 --P ZP ZP ZP ZP P3 P Includes yoga and pilates studios.

See educational services section for sports and
recreation instruction (e.g., dance, martial arts, etc.) Game or computing arcade1, more than five
gaming devices
-- Z Z Z Z Z Z Section 18.190.180
Without alcoholic beverages and closed
before 10:00 p.m.

P P P P P P P
With alcoholic beverages and/or open after
10:00 p.m.

Z Z Z Z Z Z Z
Indoor commercial recreation1 including
billiard hall, bowling alley, gymnasia, indoor
tennis, swimming, escape rooms, etc.

-- -- C C -- C Z Section 18.190.420
Chapter 5.90 applies to swimming facilities

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Table 18.45.060-1: Commercial and Mixed Uses
Use 2012
NAICS2
Zones
Specific Use Requirements/ Notes

C-O C-N C-G C-R MX TC-P TC-T
See educational services section for sports and
recreation instruction (e.g., dance, martial arts, etc.) Closed before midnight P P P P P P P
Open after midnight and/or with sale of
distilled spirits

C C C C C C C
Outdoor commercial recreation including
pickleball

Within 100 feet of residential development Z Z Z Z Z Z Z Beyond 100 feet of residential
development

P P P P P P P
Eating and Drinking
See also Sections 18.190.140 and

18.190.510
Eating place without alcoholic beverages1

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Table 18.45.060-1: Commercial and Mixed Uses
Use 2012
NAICS2
Zones
Specific Use Requirements/ Notes

C-O C-N C-G C-R MX TC-P TC-T
In general (no restrictions on hours of
operation)
P(*) P P P P P P (*) Not permitted if more than 50 seats With drive-in or drive-through enterprise1 -- C C C -- -- C Section 18.190.110; not permitted in mixed-use projects or HOD and TOD overlay districts
With housing above Z(*) Z -- -- Z Z Z (*) Not permitted if more than 50 seats With sidewalk dining -- Z -- -- Z Z Z Section 18.190.510 Eating place with alcoholic beverages1
Closed before midnight -- P P P P P P
Open after midnight -- Z Z Z Z Z Z
With housing above -- Z -- -- Z Z Z
With sidewalk dining -- Z Z Z Z Z Z Section 18.190.510

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Table 18.45.060-1: Commercial and Mixed Uses
Use 2012
NAICS2
Zones
Specific Use Requirements/ Notes

C-O C-N C-G C-R MX TC-P TC-T
Educational Services
Other schools and instruction including:
dance, exam preparation, gymnastics, judo,
language, martial arts, music, photography,
and tutoring
6116 See assembly, entertainment, recreation section for yoga and pilates studios and sports and recreation
instruction (e.g., dance, martial arts, etc.)
Less than 3,000 square feet Z P P -- Z -- P
More than 3,000 square feet -- -- P C Z -- Z
Services
Animal care and services Section 18.190.590; (*) outdoor boarding not allowed within 100 feet of residential development;
indoor boarding not allowed adjacent to residential
uses
(**) Noise study required when within 100 feet of
residential development to demonstrate compliance
with General Plan Noise Element
Boarding and dog day care with outdoor
area
--
Z(*)
Z(*) Z(*) --
Z(*)
--
Z(*)
--Z(*) Z(*)
Dog day care, indoor only --
P(**)
P(**) P(**) --
P(**)
--
P(**)
P3 (**) P(**)

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Table 18.45.060-1: Commercial and Mixed Uses
Use 2012
NAICS2
Zones
Specific Use Requirements/ Notes

C-O C-N C-G C-R MX TC-P TC-T
Grooming --P P P --P --P P3 P
Veterinary clinics and animal hospitals --
P(**)
ZP(**) ZP(**) --
P(**)
--
P(**)
ZP(**) ZP(**)
Personal services, other1 , excluding piercing
services and tattoo parlors

-- -- C(*) -- -- C C Not permitted in mixed-use buildings. (*) Tattoo parlors and mModeling services are not permitted.

Piercing Services, Tattoo Parlors P P P P P P P
[All other uses in Table 18.45.060-1 not listed remain unchanged]

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SECTION 8. FMC Chapter 18.49, AMENDED
FMC Chapter 18.49 is amended to read as follows:

Sections:

18.49.010 Purpose and findings for incorporation of Warm Springs/South Fremont community plan.

18.49.020 Regulations generally.

18.49.030 WSI district “planning areas.”

18.49.040 Permitted, conditionally permitted, and prohibited uses.

18.49.050 Master plan procedures. Repealed.

18.49.060 Design review permit.

18.49.070 WSI district site and building development standards.

18.49.080 Other parking requirements and parking credits.

18.49.090 Other requirements.

18.49.100 Warm Springs Innovation district art program.

18.49.030 WSI district “planning areas.”
The WSI district is divided into 10 “planning areas” to further refine development requirements within the WS/SF CP boundary:

Planning Area Name
1 Fremont Boulevard
2 Old Warm Springs Boulevard – North
3 Old Warm Springs Boulevard – South
4 4A
Innovation Way and
Subarea: Innovation Way – 1/4 mile westerly from Lopes Ct.1

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Planning Area Name
5 Lopes Court
6 Southwestern
7 Grimmer Boulevard – North
8 BART Area
9 Warm Springs Boulevard – East
10 Warm Springs Court
1 The precise depth of Subarea 4A will be has been determined as part of the master plan review process and if necessary through an amendment to the Zoning Map.by the approved master plan.

18.49.050 Master Plan Procedures Repealed
(a) On sites of five or more acres a master plan shall be obtained prior to any subdivision or other development approval. Master plan applications and approvals shall comply with the following regulations:
(1) Master Plan Components.
(A) A land use plan along with accompanying tables or other diagrams that identify proposed land uses, proposed land use standards (e.g., proposed minimum building intensities) that will demonstrate how the master plan will achieve the WS/SF CP development targets over time.
(B) Plans, sections or other diagrams that demonstrate how the proposed development will comply with Chapter 3 (Public Realm and Transportation) of the WS/SF CP, including:
(i) Network of public streets using adopted street typologies for streets identified in the WS/SF CP,
(ii) Public transit system, bicycle and pedestrian networks making linkages and fulfilling goals of the WS/SF CP and consistent provisions of the city’s bicycle and pedestrian master plans,

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(iii) Public open space using adopted open space typologies, and (iv) Public art concept for the area consistent with Section 18.49.100 (Warm Springs Innovation District Art Program).
(2) Master Plan Review and Approval Process.
(A) The planning commission shall hold a public hearing and may only recommend approval or conditional approval if it finds the master plan with or without conditions is consistent with the general plan, WS/SF CP and this chapter. If the planning commission cannot make the finding, it shall deny the master plan. A denial shall be final unless appealed to the city council in accordance with Chapter 18.300.

The city council shall hold a public hearing on the
planning commission recommendation or appeal and take action on the master plan. (B) Amendments to an approved master plan shall follow the same review and approval process prescribed for the original permit.
(3) Concurrent Submittals.
(A) A master plan may be submitted separately or in conjunction with a tentative map, design review permit or other required entitlements. When concurrent processing is requested, the planning commission will make recommendations to the city council for final action.
(4) Finding for approval of a master plan:
(A) Prior to approving a master plan permit, the city council shall find that the master plan is consistent with the general plan, WS/SF CP and this chapter.

18.49.070 WSI district site and building development standards. (c) For decreases to the minimum FARs prescribed in Table 18.49.070, the approval authority must make either of the following findings:
(1) The urban form intent of the WS/SF CP is achieved.; or (2) It can be demonstrated through development of a phased master plan that subsequent development can be accommodated on the site to achieve the minimum FAR at some reasonable future date, and that each phase of development does not unduly burden the implementation of subsequent phases of development.
(d) Density Standards.
(1) Purpose and Intent. The number of dwellings per unit of land, the density, is controlled so that housing can match the availability of public services and the support of commercial areas. The standards also allow the housing density to be matched with the

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carrying capacity of the land. In addition, the density standards are used as one type of control of overall building bulk. Finally, minimum density standards ensure that the service capacity is not wasted and that the city’s housing goals are met. (2) Density Calculations.
(A) When the density calculation for a parcel results in a fraction of one-half or greater, the density shall be rounded up to the next whole unit. (B) When the density calculation results in a fraction less than one-half, the density shall be rounded down to the next whole unit.
(C) Minor deviations of no more than one dwelling above or below the permitted range may be allowed when rounding the density calculation. (D) For purposes of density calculations and density bonus allowances, efficiency apartments or single room occupancy units shall count as one-half a dwelling unit. (3) Density Bonuses and Density Redistribution.
(A) Density bonuses above the permitted density range of a district shall be allowed subject to the provisions of Chapter 18.165, the general plan and state law. (B) For projects that propose a density redistribution wherein the respective density of one or more of the housing product types is either above or below the permitted density range established by the WS/SF CP and WSI zoning for the development site; the planning commission shall review and make a recommendation and the city council shall be the final approval authority for the project as part of a master plan.

Table 18.49.070 Required Site Development Standards for WSI District Required Site Development Standards
Intensity (by land use type):

Land Use Type Minimum FAR
within 1/2 mile of
BART
Minimum FAR
within remainder
of Plan Area
Industrial 0.50 0.35
Research and Development 0.50 0.35

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Required Site Development Standards
Office and Convention 1.50 0.50
Lodging 1.50 1.00
Assembly and Other Nonresidential Uses1 Part of the minimum FAR for a larger project

1 Assembly and other nonresidential uses to be approved only as part of a larger building or master plan.

SECTION 9. FMC §18.90.030, AMENDED
FMC §18.90.030 is amended to read as follows:

18.90.030 Development standards and requirements applicable to all residential districts.

The following standards shall apply in R districts:
[Subdivisions (a) through (o) remains unchanged]
(p) Visual privacy shallshould be incorporated through the use of open space between buildings, careful attention to window placement, landscaping treatment and structural screening.
[Subdivisions (q) through (u) remains unchanged]

SECTION 10. FMC §18.152.070, AMENDED
FMC §18.152.070 is amended to read as follows:

18.152.070 Parking.
(a) Automobile Parking.

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(1) Minimum Parking. Pursuant to Cal. Gov’t. Code § 65863.2, as may be amended, minimum automobile parking requirement on a residential, commercial, or other development “project” shall not be imposed or enforced if the project is within one-half mile of public transit, as defined in Cal. Pub. Res. Code § 21155, as may be amended.

Exceptions to this parking exemption and voluntary parking requirements are set forth in Chapter 18.183, Parking, Loading Areas and Vehicle Storage. (2) For the purposes of this section, “project” shall have the same meaning as defined in Cal. Gov’t. Code § 65863.2, as may be amended, and printed here for reference:
“Project” does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code. (3) Maximum Parking. The maximum number of off-street parking spaces required for each use in a (TOD) is set forth in Table 18.152.070. The zoning administrator shall determine the maximum parking for uses not identified in Table 18.152.070. based on the maximum parking for similar uses. In computing the maximum number of off-street parking spaces, any fractional space shall be rounded down.

Table 18.152.070
TOD Overlay District Automobile Parking Standards (“KSF” shall mean 1000 square feet of gross floor area)
Type of Use Maximum Parking
Multi-Family Residential (per unit) 1 covered, 0.5 uncovered Mixed-Use Multifamily Residential 1 covered per unit
Commercial Uses (retail/service/general office) 4 per KSF Mixed Use Commercial Uses
(retail/service/general office)
3 per KSF
Medical Uses (including medical offices) 4 per KSF
Assembly Uses 1 per 3 seats
Restaurant Uses 1 per 3.5 seats, plus an
additional 10%
(4) Mixed-Use Projects. Notwithstanding subsection (1) of this section, parking for mixed-use projects shall be shared and developed as a joint use under the provisions outlined in Section 18.183.090.

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(b) Not withstanding subsection (a) of this section, the following additional parking criteria shall apply within a (TOD):
(1) Car Share spaces shall be provided and credited in accordance with Section

18.183.172.
(2) Electric Vehicle Charging Stations shall be provided in accordance with Section

18.183.174.
(3) Tandem and individual mechanical parking spaces may be utilized in accordance with Section 18.183.175.
(4) Mechanical Parking Systems may be used in accordance with 18.183.176. (5) Parking garages shall meet the requirements set forth in Section 18.183.178. (b)(6) Bicycle Parking . Notwithstanding subsection (a) of this section, bicycle parking shall be provided, in spite of no minimum automobile parking requirements, based on the provisions of Section 18.183.135, Required bicycle parking, as may be amended. (c) Parking areas shall be located where residents and businesses have easy and convenient direct access. Parking areas and entrances to buildings or perimeter sidewalks shall be clearly linked. (d) Surface parking shall be located behind or to the side of a building. Surface parking shall not be located along any primary street frontage. All parking areas shall be landscaped in accordance with Section 18.183.110.

SECTION 11. FMC §18.155.020, AMENDED
FMC §18.155.020 is amended to read as follows:

18.155.020 Definitions.

For purposes of this chapter, the following additional definitions shall apply:
(a) “Affordable ownership cost” means a sales price resulting in projected average monthly housing payments, during the first calendar year of a household’s occupancy, including interest, principal, mortgage insurance, property taxes, homeowners’ insurance, homeowners’ association dues, if any, and a reasonable allowance for utilities, property maintenance, and repairs, not exceeding the following pursuant to the requirements of Cal. Health & Safety Code § 50052.5(b), as may be amended from time to time. Such affordable ownership cost currently is defined as follows:
(1) Moderate income households: 110 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 35 percent and divided by 12.

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(2) Low income households: 6070 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12. (3) Very low income households: 50 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

The city may determine sales prices of affordable units by any reasonable method, so long as average monthly housing payments of eligible households do not exceed those permitted by this subsection (a).
[Subdivisions (b) through (q) remains unchanged]

SECTION 12. FMC §18.155.070, AMENDED
FMC §18.155.070 is amended to read as follows:

18.155.070 Continued affordability.
(a) The initial and subsequent sales price of for-sale projects must be set at affordable ownership cost. The community development director may, from time to time, establish affordable ownership cost in compliance with the requirements of this chapter and based on reasonably available data.
(b) For affordable ownership units, resale restrictions, deeds of trust and/or other documents acceptable to the community development director, all consistent with the requirements of this chapter, shall be recorded against the affordable units prior to sale of the units. For affordable rental units, a rent regulatory agreement consistent with the requirements of this chapter shall be recorded against the rental project prior to building permit issuance. (c) The forms of affordable housing agreements, resale restrictions, deeds of trust, rent regulatory agreements, and/or other documents authorized by this chapter, and any change in the form of any such document which materially alters any policy in the document, shall be approved by the city attorney and the community development director prior to being executed with respect to any residential project.
(d) The documents required by subsection (b) of this section for affordable ownership units shall be for a term of a minimum of 3045 years or longer as determined appropriate by the community development director. In the case of ownership affordable units that are transferred during the required term, renewed restrictions shall be entered into on each change of ownership with a minimum of a 3045-year renewal term.

SECTION 13. FMC §18.155.080, AMENDED

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FMC §18.155.080 is amended to read as follows:

18.155.080 Alternatives for for-sale residential projects. [Subdivisions (a) through (f) remains unchanged]
(g) Preservation of Affordable Units at Risk of Loss. The applicant may propose to preserve existing affordable units at risk of loss to provide the affordable housing required by this chapter.

The city may approve preservation of affordable units at risk of loss pursuant to this subsection only if the proposal meets all of the following conditions:
(1) The affordable units to be preserved shall be affordable to low income and very low income households; and
(2) The term of affordability shall be extended for a minimum of 55 years for rental affordable units and for a minimum of 3045 years for ownership affordable units; and (3) The affordable units to be preserved shall be shown as at risk of loss in the housing element of the city’s general plan, or the city council must find at a public hearing that the affordable units are eligible to, and reasonably expected to, convert to market-rate units in the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use; and
(4) Prior to occupancy of the residential project, the affordable units to be preserved shall be in decent, safe and sanitary condition and in compliance with all codes.

No building permit shall be issued for any units in the residential project until regulatory agreements acceptable to the community development director have been recorded to extend the term of affordability for the affordable units at risk of loss as required by this subsection.

SECTION 14. FMC §18.165.030, AMENDED
FMC §18.165.030 is amended to read as follows:

18.165.030 Calculation of residential density bonus and number of incentives and concessions.
(a) Subject to the findings included in Section 18.165.090, the city shall grant a 20 percent density bonus to a developer of a housing development who seeks a density bonus and agrees to construct at least one of the following and any additional replacement housing units required by subsection (d) of this section:
(1) Ten percent of the total units of the housing development as target units affordable to lower income households; or

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(2) Five percent of the total units of the housing development as target units affordable to very low income households; or
(3) A senior citizen housing development. The density bonus for a senior citizen housing development is limited to 20 percent of the number of senior housing units. (b) Subject to the findings included in Section 18.165.090, the city shall grant a five percent density bonus to a developer of a housing development who seeks a density bonus and agrees to provide all of the following and any additional replacement housing units required by subsection (d) of this section:
(1) Ten percent of the total units in the housing development as target units for sale to moderate income households at an affordable sales price; and (2) All of the dwelling units in the housing development are offered to the public for sale. (c) Subject to the findings included in Section 18.165.090, the city shall grant a density bonus of 20 percent of the type of units listed in subsection (c)(1) of this section to a developer of a housing development who seeks a density bonus and agrees to provide all of the following and any additional replacement housing units required by subsection (d) of this section:
(1) Ten percent of the total units in the housing development for transitional foster youth, as defined in Cal. Educ. Code § 66025.9; disabled veterans, as defined in Cal. Gov’t Code § 18541; or homeless persons, as defined in the federal McKinney- Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.); and (2) The units described in subsection (c)(1) of this section are subject to a recorded restriction requiring that the units remain affordable to very low income households for 55 years.
(d) Replacement housing shall be provided on a site which meets both of the following conditions:
(1) Rental housing is now located or was located on the site at any time in the five-year period preceding the date of submittal of the density bonus application; and (2) The rental housing is or was, during that five-year period:
(A) Subject to a recorded covenant, ordinance, or law restricting rents to levels affordable to very low and lower income households;
(B) Subject to any form of public rent or price control; or (C) Occupied by very low or lower income households.

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A housing development subject to this subsection (d) is not eligible for a density bonus, incentive, concession, waiver, or modified parking provided by this chapter unless the proposed housing development contains one of the following, whichever results in a greater number of affordable units:
(3) The percentage of target units specified in subsection (a), (b), or (c) of this section; or (4) The replacement affordable units specified in Cal. Gov’t Code §§ 65915(c)(3)(B) and (C).
(e) The density bonus for which the housing development is eligible shall increase if the percentage of very low income, lower income, or moderate income target units is increased, as specified in Cal. Gov’t Code §§ 65915(f) and summarized in subsection (k) of this section. When calculating the maximum residential density and the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer. (f) The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units, any calculations resulting in fractional units shall be rounded to the next larger integer. (g) The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required target units pursuant to subsections (a) through (d) of this section. Regardless of the number of target units, no housing development may be entitled to a density bonus of more than 50 percent. (h) Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low income target units, lower income target units, or moderate income target units, the project’s status as a senior citizen housing development, or the project’s provision of housing for transitional foster youth, disabled veterans, or homeless persons. Density bonuses from more than one category may not be combined. (i) Subject to the findings included in Section 18.165.090, when a developer seeks a density bonus, the city shall grant incentives or concessions listed in Section 18.165.080 as follows:
(1) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least five percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development, or for projects that include at least 20 percent of the total units for lower income students in a student housing development.
(2) Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development.

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(3) Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development.
(4) Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a common interest development.
(4)(5) FourFive incentives or concessions for projects that include 100 percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, for lower income households, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income. If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet. (j) In accordance with state law, neither the granting of a concession or incentive nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. (k) The following tables summarize this information, and are intended to be compliant with Cal. Gov’t. Code § 65915 et seq., as may be amended:
[Density Bonus Summary Table remains unchanged]
Incentives/Concessions Summary Table
Target Group Target Units
Very Low Income 5% 10% 15% 16% Projects
with at least
80% low
income and
no more
than 20%
moderate
income
Low Income 10% 17% 24%
Moderate Income (for-sale common interest
development only)
10% 20% 30% 45%
Lower income students in a student housing
development
20%
Maximum Incentive(s)/Concession(s) 1 2 3 4 45

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Incentives/Concessions Summary Table
Target Group Target Units
Notes:

1. Incentives may be selected from only one category (very low, low, or moderate).

2. No incentives are available for land donation or for a senior citizen housing development (if not affordable).

3. Condominium conversions and day care centers may have one incentive or a density bonus at the city’s option, but not both.

4. No incentives or concessions may be granted unless replacement affordable units are provided as required in subsection (d) of this section.

(l) Pursuant to Cal. Gov’t. Code § 65915(v), provided that the resulting housing development would not restrict more than 50 percent of the total units to moderate-income, lower income, or very low income households, an additional density bonus shall be granted when an applicant proposed to construct a housing development that conforms to subsection (a) to (c) of this section, agrees to include additional rental or for-sale unit affordable to very low income households or moderate income households, and meets any of the following requirements:
(1) The housing development conforms to the requirements of subsection (a)(1) and provides 24 percent of the total units to lower income households. (2) The housing development conforms to the requirements of subsection (a)(2) and provides 15 percent of the total units to very low income households. (3) The housing development conforms to the requirements of subsection (b)(1) and provides 44 percent of the total units to moderate-income households. (m) An additional density bonus for a housing development project that meets the requirements of subsection (l) shall be granted as follows:

Additional Density Bonus Summary Table
Target Group Percentage Target Units Bonus Granted
Very Low Income 5 20

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6 23.75
7 27.5
8 31.25
9 35
10 38.75
Moderate Income 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
(n) The increase required by subsection (m) shall be in addition to any increase in density granted by subsection (a).
(o) The additional density bonus required under subsection (m) shall be calculated using the number of units excluding any density bonus awarded by this section.

SECTION 15. FMC §18.183.172, AMENDED
FMC §18.183.172(a) is amended to read as follows:

18.183.172 Alternative and shared transportation and electric vehicle parking spaces. (a) Parking spaces or their land area equivalent shall be made available for alternative and shared transportation, as provided in subsections (a)(1) and (2) of this section. The applicant

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shall submit a letter of intent from a certified car share parking organization for the parking spaces prior to issuance of a building permit. The planning manager may waive the car share parking requirement if the applicant demonstrates they have made all reasonable efforts to enter into a contract with a certified car share parking organization and provides written evidence of sufficient outreach notifying them of the pending availability of parking spaces. Waiver of car share parking requirement shall not reduce the total number of required parking spaces for a given project. The parking spaces or land area equivalent used for this purpose may be counted toward the minimum required motorized vehicle parking spaces for a project, but shall not count towards maximum parking limits for a project. Shared bicycle or scooter parking, staging, or storage areas provided pursuant to this section shall be in addition to and not credited toward the minimum bicycle parking that is otherwise required for the project per Section 18.183.135.

Parking or staging and storage areas shall be clearly marked for its intended purpose. When required by the applicable zoning district regulations, the following off-street car share parking space ratios shall apply:
(1) Residential Uses.
(A) Twenty-four dwelling units or less: none.
(B) Twenty-five to 99 dwelling units: one full-sized parking space. (C) One hundred or more dwelling units: two full-sized parking spaces, plus one additional space for every 100 dwelling units over 100. (2) Nonresidential Uses.
(A) For projects that provide 49 or fewer nonresidential parking spaces: none. (B) For projects that provide 50 to 99 nonresidential parking spaces: one full- sized parking space.
(C) For projects that provide 100 or more nonresidential parking spaces: one full- sized parking space, plus one additional space for every 100 nonresidential spaces over 100.
[Subdivision (b) remains unchanged]

SECTION 16. FMC §18.183.176, AMENDED
FMC §18.183.176 is amended to read as follows:

18.183.176 Mechanical parking systems.

Required parking spaces for all uses may be accommodated through the use of automated mechanical parking systems when included within a building or parking garage,

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subject to the requirements below and the approval authority’s discretion when considering specifics of the proposed site layout and design. Mechanical parking systems in a private garage, such as that serving a single-family house or a townhouse, shall serve only one residential unit on the subject property. The types of mechanical automobile parking lift systems that are covered by this section are: two-post lifts, four-post lifts, and scissor lifts, though other types of mechanical automobile parking lift systems may be considered on case-by-case bases, by discretion of the planning manager. Mechanical automobile parking lifts must satisfy the following:
(a) The platform of the mechanical lift on which the automobile is first placed shall be individually and easily accessible and shall be placed so that the location of the platform and vehicular access to the platform meets the accessibility requirements of the adopted building code.
(b) Mechanical automobile parking lifts shall maintain the followingminimum clear width between vertical supports or any obstructions: and minimum stall heights per manufacturer’s specifications.
(1) Minimum eight-foot clear width for standard stalls; (2) Minimum seven-foot clear width for compact stalls. (c) The stall heights within the mechanical automobile parking lifts shall be as follows:
(1) Minimum clear height of seven feet for standard stalls; (2) Minimum clear height of six feet for compact stalls. (d)(c) The minimum required ceiling clearance (above the required minimum stall height of the topmost stall) shall be 18 inches for sprinklers, or as-needed for roll-up doors. (e)(d) Mechanical automobile parking lifts must provide adequate and unobstructed door clearance for a vehicle operator, passenger, or lift attendant to exit a vehicle per manufacturer’s specifications.
(f)(e) Mechanical automobile parking lifts shall be arranged in such a manner as to allow full operation of the sprinkler system.
(g)(f) No parking spaces are permitted at the front of mechanical automobile parking lifts.

Tandem parking within the path of travel to and from the driveway or vehicle entrance and the mechanical lift is not allowed.
(h)(g) The parking area shall be capable of accommodating required on-site queuing spaces for the shuffling of cars. The queuing spaces shall be arranged so that the required driveway access aisle is not reduced to less than 10 feet wide. Each of the queuing spaces shall be minimum eight feet wide and 18 feet long.

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(i)(h) A “Covenant and Agreement Regarding Maintenance of Vehicle Lift System” prepared to the satisfaction of the planning manager shall be recorded with the Alameda County recorder’s office to maintain the vehicle lift system in operable condition at all times. (j)(i) Installation of the mechanical automobile parking lift shall comply with the applicable provisions of the adopted building code.
(k)(j) Mechanical automobile parking lifts shall comply with all requirements of the adopted fire code and the Fremont fire department.
(l)(k) Building permits shall be obtained for all mechanical and electrical work. (m)(l) The mechanical automobile parking lift shall be installed on a level surface. The supporting structure and connections to the supporting structure shall be designed by the state of California licensed civil or structural engineer. The weight of the automobiles shall be included in determining the design seismic load.
(n)(m) Mechanical automobile parking lifts are not permitted within required front, side, or rear yards.

SECTION 17. FMC §18.183.180, AMENDED
FMC §18.183.180 is amended to read as follows:
(a) Parking and Storage Regulated – General Provisions.1 (1) General. The parking and storage of vehicles and equipment upon certain residential lots and streets shall be governed by the regulations prescribed in this section (in addition to other applicable provisions of this chapter and title).

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(b) Lots and Streets Subject to Regulation. The following lots and streets are subject to the parking and storage regulations of this sectionDefinitions:
(1) Residential District Lots. Any lot developed with a single-family or two-family dwelling in any residential district is subject to all the provisions of this section applicable to lots.
(2) Residential Streets. Any street abutting a block upon which is situated one or more lots abutting such street, developed with a single-family or two-family dwelling in a residential district. , is subject to the provisions of this section applicable to streets, in particular subsection (g) of this section. For the purposes of this section, “street” includes “alley.”
Pursuant to the foregoing, the street parking regulations apply not only to the portion or portions of the street immediately abutting one- and two-family developed lots, but also to any portion on either side of the street on the block (the nearest intersecting streets defining the termini of a block) which abuts undeveloped lots or lots developed with other uses, including multiple dwelling; provided, that the street parking regulations shall not apply to any portion of the street on the block, if any, which abuts a lot (developed or undeveloped) which is not in a residential district, unless such lot is designated for residential use in the general plan or is used for a nonconforming residential use. (3) (A) Nonconforming Residential Lot Use. Any lot developed with a building used for single-family or two-family dwelling purposes (whether or not such building was originally designed as a dwelling or is used exclusively as a dwelling), and which lot is not located in a residential district, is not adjacent to any other lot in a residential district, and

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does not abut a residential street, is subject only to certain provisions of this section, as follows:
(i) If the lot is not designated for residential use on the general plan, any parking or storage of vehicles and equipment in a side or rear yard of the lot shall conform with the provisions of subsection (d) of this section prohibiting parking or storage within five feet of any door, window or other opening. (ii) If the lot is designated for residential use in the general plan, parking and storage in a side or rear yard shall conform with all the provisions of subsection (d) of this section, and any other improvements constructed at any location on the lot for parking and storage shall conform to all regulations which would be applicable to the lot if located in a residential district. (iii) If the lot abuts a street abutting a block upon which is situated one or more other lots, abutting such street, developed with a single-family or two-family dwelling in a residential district, then such (nonconforming residential use) lot is subject to the provisions of this section applicable to streets referred to in subsection (b)(2) of this section, and to the provisions of this section applicable to driveway parking (regardless of whether such lot is or is not designated for residential use in the general plan).
(c) Garages and Carports.4 Any vehicle and any equipment may be parked or stored within a private garage or carport. If both a carport and a garage are located on the site, vehicles and equipment which are required to be screened pursuant to this section shall be stored or parked only in the garage.

All entrances to and vertical clearances within private garages, including the garage door entry, shall have a minimum, unobstructed vertical clearance of not less than seven feet above the finished floor to any ceiling, beam, pipe or similar obstruction. Private garages with mechanical lift systems shall meet all requirements of Section 18.183.176manufacturer specifications and adopted building and fire code requirements. All entrances to and vertical clearances within private garages, including the garage door entry, shall have a minimum, unobstructed vertical clearance of eight feet two inches for accessibility to parking spaces for persons with physical disabilities.
[Subdivision (d) remains unchanged]
(e) Driveways.5
(3) Location Restrictions. No vehicle or equipment or portion thereof shall be parked or stored within any part of a front yard, or street side yard (on a corner lot), which is not a driveway. No vehicle or equipment shall be parked or stored in a manner such that a portion thereof overhangs any part of a front yard, or street side yard (on a corner lot), which is not a driveway.

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Vehicles and equipment shall be parked, placed or stored on a driveway so that the side of such vehicle or equipment is substantially parallel to the edge of the driveway.

No vehicle or equipment shall be parked or stored upon any part of a driveway, commencing at a front or side street lot line, extending into any side yard area beyond or behind the side of the principal building on the lot facing the street from which the driveway commences. However, the parking area as defined as an extended driveway in this section shall be excluded from this limitation.

No vehicle or equipment shall be parked or stored on any part of an extended driveway within three feet of the side lot line.

No vehicle or equipment shall be parked or stored upon a driveway commencing at a rear lot line (on a through lot), unless such driveway provides the sole vehicular access to the lot, in which event parking or storage in any part of such driveway extending into any side yard area shall be subject to the limitations on driveways commencing at a front or side street lot line.

Subject to the foregoing limitations of this subsection applicable to side yard parking, if the driveway extends beyond and outside the required front yard, or street side yard (on a corner lot), or rear yard (on a through lot), vehicles and equipment parked or stored on such driveway shall be parked or stored outside such required yard area to the extent physically possible.

No vehicle or equipment shall be parked or stored in any sidewalk or other area of the street at the entrance of the driveway to the lot, except to the extent that it is necessary to temporarily leave a vehicle standing in such area in order to open or close a door or other enclosure to a garage, carport or parking area on the lot, or to accomplish other similar necessary actions incidental to the ingress or egress of the vehicle to or from the lot; provided, that any such temporary standing of a vehicle in any such area of the street is not a hazard to pedestrians, motorists or vehicles on the street and is not in violation of any traffic or street parking regulation imposed pursuant to this code or the California Vehicle Code.
(4) Visitor Parking. Notwithstanding Section 18.190.350 and subsections (e)(2) and (3) of this section, a visitor to a resident of a single-family or two-family dwelling located in a residential district may park on the driveway and may temporarily reside in a vehicle, including those exceeding 25 feet in length, based on the criteria listed below:
(A) The vehicle is registered or leased to and operated by a person permanently residing more than 50 miles from the visitation site.
(B) The vehicle is used for recreational housing purposes only, such as a camping trailer or motor home.

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(C) The vehicle is self-sufficient in that no utility service shall be connected to the vehicle for the duration of the visit. On this basis, the vehicle owner or lessee and operator shall not connect utility service to the vehicle while parked within the city. (D) The vehicle may be parked for a period of time not to exceed a total of five days in a 30-day period.
(E) The vehicle may not overhang into or interfere with the public right-of-way and other areas used by the general public.
(F) The use of the vehicle as a temporary shelter, as permitted under this subsection, shall not result in a substantial adverse effect on the health and/or general welfare of users of adjacent or proximate property.
(G) The placement of the vehicle shall comply with the restrictions for driveway parking as stated in subsection (e)(3) of this section. [Subdivision (f) remains unchanged]
(g) Residential Streets.7
(1) Notwithstanding any provisions of this subsection to the contrary, the parking of any vehicle on a street remains subject to regulation of parking established pursuant to this code or the California Vehicle Code.
(2) Any motor vehicle not exceeding 20 feet in length and eight feet in height, except a commercial vehicle or motor vehicle which is not a passenger vehicle, is exempt from the provisions of this subsection.
(3) No equipment or other nonvehicular property, and no nonmotorized vehicle unattached to a motor vehicle, shall be parked or stored in any residential street subject to subsection (b)(2) of this section except that travel trailers, as defined by Section 18.25.2920, shall be allowed the loading/unloading exemption as provided in subsection (b)(6) of this section; provided, that the tires of the travel trailer are blocked to prevent movement of the vehicle in accordance with the California Vehicle Code.
(4) Any commercial vehicle or motor truck under five tons may park on any street subject to subsection (b)(2) of this section, between the hours of 6:00 a.m. of one day to 2:00 a.m. the next day (a 20-hour period), without restriction pursuant to this subsection. However, no person shall park or leave standing on any street, between the hours of 2:00 a.m. and 6:00 a.m. (a four-hour period), any commercial vehicle or motor truck which is not a passenger vehicle.

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(5) Except as provided pursuant to subsections (g)(6) and (7) of this section, no person shall park or leave standing on any street subject to subsection (b)(2) of this section any of the following:
(A) Any motor vehicle exceeding 20 feet in length;
(B) Any nonmotorized vehicle attached or connected to a motor vehicle which together exceed 20 feet in length measured from the front of the motor vehicle to the end of the nonmotorized vehicle.
(6) Notwithstanding subsection (g)(5) of this section, a resident of a single-family or two- family lot located in a residential district subject to the provisions of this section pursuant to subsection (b)(1) of this section may park a vehicle, otherwise prohibited pursuant to said subsection (g)(5), on a street immediately abutting a street lot line of the lot upon which such resident resides, subject to the following limitations: such parking shall be for the convenient departure from or return to the lot by such resident in connection with a planned trip, outing or vacation of the resident (and other residents of the lot) commencing or ending the same day of such departure or return, including any loading or unloading of persons and personal property or for the preparation of the vehicle incidental to such departure or return. Such parking shall in no event extend beyond two consecutive days, nor more than three days during any seven-day period.
(7) Visitor Parking. Notwithstanding Section 18.190.350 and subsection (g)(5) of this section, a visitor to a resident of a single-family or two-family dwelling located in a residential district may temporarily reside in and park a motor vehicle on a street including those vehicles exceeding 20 feet in length, based on the criteria listed below and subject to the approval of the chief of police or designee:
(A) The vehicle is registered or leased to and operated by a person permanently residing more than 50 miles from the visitation site.
(B) The vehicle is a motorized self-propelled vehicle used for recreational housing purposes only.
(C) The vehicle is self-sufficient in that no utility service shall be connected to the vehicle for the duration of the visit. On this basis, the vehicle owner or lessee and operator shall not connect utility service to the vehicle while parked within the city. (D) The vehicle may be parked for a period of time not to exceed a total of five days in a 30-day period.
(E) The vehicle shall be parked on a street immediately abutting a street lot line of the dwelling subject to visitation.

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(F) The use of the vehicle as a temporary shelter as permitted under this subsection shall not result in a substantial adverse effect on the health and/or general welfare of users of adjacent or proximate property.
(8) Notwithstanding any provisions of this section, except subsection (g)(1) of this section, no person who is not a resident of the city who parks a vehicle on a street contrary to any provision of subsection (g)(5) of this section shall be in violation thereof, unless and until such person has been informed of said provisions of said subsection (g)(5), or is given notice thereof by an authorized representative of the city and a reasonable opportunity to cease and desist any such parking contrary to said provisions. (Ord. 871 § 5, 10-26-71; Ord. 978 § 7, 2-12-74; Ord. 1560 § 14, 6-7-83; Ord. 2055 §§ 1 – 3, 12-14-93; Ord. 2071 §§ 1 – 4, 5-3-94; Ord. 2124 § 2, 6-20-95; Ord. 2423 § 19, 4-10-01; Ord. 05-2021 § 41, 4- 20-2021. 1990 Code § 8-22018.)

Note:
(1) Pursuant to subsection (b)(2) of this section, residential streets subject to this subsection (g) include not only sections of a street abutting single- or two-family dwelling lots but also include every section on either side of the same street and block in a residential district.

Thus, for example, this subsection (g) applies to parking in front of an undeveloped lot or an apartment house located across or down the same street on the same block on which a single- family house also fronts.
(2) The two consecutive days street parking allowed pursuant to subsection (g)(6) of this section will allow for a short “one day” family trip or outing for vehicles exceeding 20 feet.

For example, a motor home, or a pickup truck attached to a travel trailer, or a passenger vehicle attached to a trailer with a boat loaded on the trailer, exceeding 20 feet, can be driven home on a Friday from work, or from a commercial parking facility, or from a parking and storage area on the lot; then parked on the street in front of the house (and loaded and prepared); then left parked on the street overnight, and be available for convenient departure on Saturday; and then, when the family returns home Saturday evening, left overnight.

The three-day-in-seven-day limit on parking would permit, for example, three trip departures or three trip returns or two trip departures and one trip return, or one trip departure and two returns.

SECTION 18. FMC §18.186.040, AMENDED
FMC §18.186.040 is amended to read as follows:

18.186.040 Exemptions.

The provisions of this chapter shall not apply to:

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(a) Any structure for which a valid building permit was issued and any project having received discretionary approvals or a complete design review application prior to December 7, 2017. (b) Structures within the downtown, city center, town center, multifamily residential (R-3-30 or greater), or Warm Springs innovation districts.
(c) Any flagpole, antenna, ornamental spire, chimney, wireless facility, or other building element less than four feet along each horizontal dimension. (d) Any light pole or utility pole and lines.
(e) Any wireless facility subject to review under Section 18.187.040(b) or subject to an exception from standards pursuant to Section 18.187.170. (f) Any portion of a structure that does not exceed the boundaries of a simultaneous shadow cast by a legally existing structure, or by a hill or other topographical feature other than trees or other vegetation.
(g) Any accessory dwelling unit or junior accessory dwelling unit subject to review under Section 18.190.005.
(h) Any two-unit development subject to review under Section 18.190.007.

SECTION 19. FMC §18.190.005, AMENDED
FMC §18.190.005 is amended to read as follows:

18.190.005 Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). (a) Purpose. The purpose of this section is to implement Cal. Gov’t. Code §§ 65852.2 and 65852.2266310-66342 by allowing the creation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) through ministerial review. [Subdivision (b) remains unchanged]
(c) Regulations Applicable to ADUs. The following provisions apply to all ADUs, except for the “statewide exemption ADUs,” which are only subject to the provisions provided in subsection (e) of this section. In the event of a conflict between the provisions of this section and another section of the Fremont Municipal Code, the provisions of this section shall prevail. In the event of a conflict between the provisions of this section and the California Government Code, including without limitation Cal. Gov’t. Code § 65852.266314-66332, as may be amended, the provisions of the applicable Government Code shall prevail. [Subdivisions (c)(1) through (c)(9) remains unchanged]

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(10) Passageway. No passageway shall be required in conjunction with the construction of an ADU. Per Cal. Gov’t. Code § 65858.2(j)66313(i), as may be amended, “passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.
(11) Separate Entrance. An ADU shall provide at least one exterior entrance that is separate from the main entrance of the primary dwelling. An ADU shall also provide a separate address from the primary dwelling.
(12) Separate Sale. Except as provided in Cal. Gov’t. Code § 65852.2666341, as may be amended, an ADU may be rented separate from the primary residence; however, the ADU shall not be sold or otherwise conveyed separate from the primary residence. (13) Sewage. If applicable, where a private sewage disposal system is being used for an ADU, the approval by the local health officer shall be required. (14) Parking. No additional parking spaces shall be required for an ADU. Additionally, no replacement parking shall be required when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted into an ADU.
(15) Utility Connection. Pursuant to Cal. Gov’t. Code § 65852.2(f)(4)66324(d), as may be amended, an ADU within the proposed space of a primary dwelling unit or existing space of a primary dwelling unit or accessory structure shall not be required to install a new or separate utility connection directly between the ADU and the utility nor shall a related connection fee or capacity be charged unless the ADU is proposed to be constructed with a new primary dwelling.
(d) Regulations Applicable to JADUs. The following provisions apply to all JADUs. In the event of a conflict between the provisions of this section and another section of the Fremont Municipal Code, the provisions of this section shall prevail. In the event of a conflict between the provisions of this section and Cal. Gov’t. Code § 65852.2266333-66339, as may be amended, the provisions of the respective Government Code shall prevail. [Subdivisions (d)(1) through (d)(5) remains unchanged]
(6) Separate Sale. A JADU shall not be sold or otherwise conveyed separate from the single-family residence. A recordation of a deed restriction, which shall run with the land, shall be filed with the city, and shall include the following:
(A) A prohibition on the sale of the JADU separate from the sale of the single- family residence, including a statement that the deed restriction may be enforced against future purchasers; and
(B) A restriction on the size and attributes of the JADU that conforms to Cal. Gov’t.

Code § 65852.2266333, as may be amended.

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(7) Fire and Life Safety. For the purposes of any fire or life protection, a JADU shall not be considered a separate dwelling unit. This clause shall not be construed to prohibit the city from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a JADU so long as the ordinance or regulation applies uniformly to all single-family residences within the zone, regardless of whether the single-family residence includes a JADU or not. (e) Statewide Exemption ADUs. Pursuant to Cal. Gov’t. Code § 65852.2(e)(1)66323(a), as may be amended, an application for an ADU or JADU within a residential or mixed-use zone shall be ministerially approved if it creates any of the following:
(1) Single Family – ADUs Within Existing or Proposed Space. One ADU and one JADU per lot with an existing or proposed single-family dwelling if all of the following apply:
(A) The ADU or JADU unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(B) The space has exterior access from the proposed or existing single-family dwelling.
(C) The side and rear setbacks are sufficient for fire and safety. (D) The JADU complies with the requirements of Cal. Gov’t. Code § 65852.2266333-66339.
[Subdivisions (e)(2) through (e)(4) remains unchanged]

SECTION 20. FMC § 18.190.360, AMENDED
FMC §18.190.360 is amended to read as follows:

18.190.360 Mobile homes and trailers not in mobile home parks – Use as temporary office.

An With the exception of hospitals, an establishing or expanding business in an industrial or commercial district may shall obtain a zoning administrator permit for a temporary office trailer, subject to the following requirements and standards:
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construction plans for permanent structures and the occupancy of those structures. These office trailers are not intended nor shall they be used in lieu of the eventual establishment of permanent structures.
(b) Guarantees. No permit shall be approved for a temporary office trailer until after issuance of building permits for permanent construction of the facility for which the temporary office trailer is substituted, or unless financial guarantees ensuring construction of the permanent facility, as determined to be appropriate by the zoning administrator, are submitted prior to building permit issuance.
(c) Application. Such a permit shall be considered by the zoning administrator upon submittal of a application accompanied by a specific site plan of the subject property, including all existing and generally proposed structures and land uses, a statement indicating the nature of the trailer use and what estimated length of time will transpire before a permanent structure replaces the trailer, and whatever additional information is deemed necessary by the zoning administrator. (d) Permit Period Limited. The permit shall be valid for one year from the date of approval, with the possibility of renewal for an additional year, upon approval of the zoning administrator.

No renewals are possible after the two-year period, although such expiration does not preclude filing of a new use permit.

SECTION 21. FMC §18.235.100, AMENDED
FMC §18.235.100 is amended to read as follows:

18.235.100 Amendments to design review permits.

The zoning administrator shall have the authority to approve minor modifications to a design review permit approval as long as the modified design substantially complies with the approved design. Modifications to design review permits for a “residential project,” as defined in Chapter

18.155, or a “housing development project,” as defined in Cal. Gov’t. Code §§ 65589.5, shall be subject to ministerial review if the modifications are objectively compliant with applicable development standards and design criteria. All other amendments to approved design review permits shall be subject to the same application and review requirements as a new application for design review.

SECTION 22. FMC §18.330.030, AMENDED
FMC §18.330.030 is amended to read as follows:

18.330.030 Time limits on approvals.

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(a) Unless conditions of approval establish a different time limit, any discretionary zoning approval granted pursuant to this title and not exercised within 24 months following the date on which the permit was approved the specified time limit provided in subsection (1) and (2) of this section shall expire and be void, as further provided in this chapter, except where an extension of time is approved in compliance with subsection (b) of this section. (1) Any discretionary zoning approval that is not a “residential project,” as defined in Chapter 18.155, or a “housing development project,” as defined in Cal. Gov’t. Code §§ 65589.5, shall be exercised within 24 months following the date on which the permit was approved. (2) Any discretionary zoning approval that comprises a “residential project,” as defined in Chapter 18.155, or a “housing development project,” as defined in Cal. Gov’t. Code §§ 65589.5, shall be exercised within 48 months following the date on which the permit was approved.
(b) At any time prior to expiration of the permit, the applicant may submit a written request to the zoning administrator, accompanied by the required fee, for an extension of the permit for up to 24 months from the expiration date of the initial approval. The zoning administrator shall consider and act upon the extension request unless the zoning administrator determines that the extension application warrants consideration by the planning commission. The approval authority may grant the extension request if it finds that conditions of the site and in the vicinity and those general plan, community or specific plan, zoning, and adopted city policies applicable to the site are substantially the same as when the permit was originally approved. Decisions of the zoning administrator and planning commission regarding extensions of approval may be appealed pursuant to Chapter 18.300.

SECTION 23. CEQA
The City Council finds that the proposed amendments to the Fremont Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines:
(1) Section 15061(b)(3) in that the amendments do not have the potential to cause a significant effect on the environment, and are not subject to CEQA review; (2) Section 15183, as a project consistent with the development densities in the general plan and existing zoning and which does not involve any peculiar significant effects that were not previously analyzed or discussed as significant effects in prior EIRs on the General Plan and/or zoning with which the project is consistent.

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amendments proposed are necessary to conform the FMC to State law, or are regulations intended to protect the environment. Any conceivable impact of the proposed amendments would be too speculative for reasoned analysis in the absence of specific development proposals.

SECTION 24. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Fremont hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

SECTION 25. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 26. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption a summary of this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days b efore this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.

The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on ____________________, and finally adopted at a regular meeting of the City Council held on ____________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Ordinance No. ____ - 2025 (PLN2025-00065) Page 41 of 41

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Resolution No. 2025-_____ (PLN2025-00065)
Adopted by City Council on ____________________ Page 1 of 3

RESOLUTION NO. 2025-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AMENDING THE WARM SPRINGS / SOUTH FREMONT COMMUNITY
PLAN (PLN2025-00065) AND MAKING FINDINGS OF CEQA

EXEMPTION/NO FURTHER ENVIRONMENTAL REVIEW REQUIRED
WHEREAS, on July 22, 2014, the City Council adopted the Warm Springs / South Fremont Community Plan (“ WS/SF Community Plan”), which implements the General Plan vision of a vibrant, innovative, and sustainable employment -based urban center that allows industrial, research and development, residential, office and convention, retail and entertainment, and public facility uses in the approximately 879-acre area that surrounds the then-under-construction Warm Springs / South Fremont Bay Area Rapid Transit (BART) station; and WHEREAS, on July 22, 2014, the City Council adopted a resolution certifying the WS/SF Community Plan Environmental Impact Report (EIR) (State Clearinghous e No. 2013032062) , adopted Findings of Fact that determined that the EIR had been prepared in compliance with the California Environmental Quality Act (CEQA) , and adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program based on an evaluation of the potential impacts associated with implementation of the WS/SF Community Plan; and WHEREAS, on July 22, 2014, the City Council adopted as part of the WS/SF Community Plan a requirement that projects larger than five acres in obtain approval of a Master Plan to show how applicable land use targets w ould be achieved, how new streets and b icycle and pedestrian pathways interconnect with the overall street network, and provide an acceptable plan for interim land uses for undeveloped land; and
WHEREAS, the City is proposing amendments to the WS/SF Community Plan that would repeal the requirement of a Master Plan; and
WHEREAS, on November 21, 2024, the Planning Commission held a public hearing to consider the recommended approval of the proposed WS/SF Community Plan amendments to the City Council; and
WHEREAS, on December 17, 2024, the City Council held a public hearing to consider the recommendation of the Planning Commission regarding the proposed amendments to the WS/SF Community Plan.

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

SECTION 1. CEQA
The City Council finds that the proposed WS/SF Community Plan amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) in that the amendments do not have the potential to cause a significant effect on the environment and CEQA

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Resolution No. 2025-_____ (PLN2025-00065)
Adopted by City Council on ____________________ Page 2 of 3

Guidelines Section 15183 in that the amendments are consistent with the general plan and zoning and otherwise meeting the requirements of that exemption; and that each of these findings would qualify on a separate and independent basis.

SECTION 2. FINDINGS FOR AMENDMENT OF COMMUNITY PLAN
The City Council finds that the proposed amendments are consistent with the General Plan and would maintain the purpose, intent, and effectiveness of the WS/SF Community Plan.

SECTION 3. AMENDMENT OF COMMUNITY PLAN
The City Council hereby amends the WS/SF Community Plan as more particularly shown on Exhibit “A” to this resolution, as included in the PLN2025-00065 staff report presented to the City Council at their December 17, 2024 hearing.

SECTION 4. SUBSTANTIAL CHANGES
Any substantial amendments to the WS/SF Community Plan shall be presented to the Planning Commission and City Council, respectively, for consideration and approval.

SECTION 5. EFFECTIVE DATE
The effective date of this resolution shall be ____________________.

SECTION 6. ADOPTION DATE
The City Council adopted this resolution on ____________________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Resolution No. 2025-_____ (PLN2025-00065)
Adopted by City Council on ____________________ Page 3 of 3

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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WARM SPRINGS/

SOUTH FREMONT

COMMUNITY PLAN
Last Amended by Ordinance 01-2020
on 01/14/2020
EXHIBIT "A" - WARM SPRINGS/SOUTH FREMONT COMMUNITY PLAN AMENDMENTS DECEMBER 17, 2024 - CITY COUNCIL MEETING

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last amended 01/14/2020
1 VISION AND PRINCIPLES 4

1.1 PLAN FOUNDATION 6

1.2 PLAN CONTEXT 7

1.3 VISION 8

1.4 PRINCIPLES 9
2 LAND USE 14

2.1 PLANNING AREAS AND LAND USE MIX 16

2.2 LAND USES AND LAND USE STANDARDS 18

2.3 COMMUNITY PLAN TARGETS 20

2.4 MASTER PLANS 22
3 PUBLIC REALM AND TRANSPORTATION 24

3.1 NETWORK OF PUBLIC STREETS 26

3.2 STREET TYPOLOGIES 28

3.3 PUBLIC OPEN SPACE 40

3.4 OPEN SPACE TYPOLOGIES 42

3.5 PUBLIC TRANSIT SYSTEM 44

3.6 BICYCLE NETWORK 46

3.7 PUBLIC ART 48
4 SITE AND BUILDING DESIGN 50

4.1 BUILDING DESIGN 52

4.2 SETBACKS 74

4.3 STREETWALL 78

4.4 GROUND FLOOR ACTIVATION 80

4.5 BUILDING HEIGHTS 84

4.6 BULK AND MASSING 86

4.7 OPEN SPACE 88

4.8 CAR AND BIKE PARKING / LOADING AND SERVICING 90

4.9 TRANSPORTATION DEMAND MANAGEMENT STRATEGIES 92

4.10 FIRE SAFETY REGULATIONS 93

4.11 BUILDING PERFORMANCE 94
5 IMPLEMENTATION 100

5.1 IMPLEMENTATION STRATEGIES AND ACTIONS 102

5.2 ZONING 104
APPENDIX 106
APPENDIX 1 GENERAL PLAN GOALS AND POLICIES
APPENDIX 2 MITIGATION MONITORING AND REPORTING PROGRAM
108
118

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LAND USEThe following chapter describes the allowable Land Uses for Warm Springs / South Fremont. The ultimate goal of the Land Use Plan is to provide flexibility for development over time while maintaining a diversity of uses that promote and provide opportunities for innovation, ensure a high quality working and living environment and meet housing, employment and sustainability targets. Eight Land Uses are organized into ten geographic Land Use Areas that encourage development diversity while ensuring harmony between uses that are located in close proximity. Each Land Use Area is assigned a Land Use Type, establishing the mix and intensity of uses best suited to that context. Land Use Standards set the parameters and include: Minimum Intensity; a Jobs Factor; and Minimum and Maximum Site Areas.Master Plans for larger sites are required, in recognition that it will take time to achieve Project Targets for each Land Use Area and Type. This will allow land owners and developers to commence development while guaranteeing achievement of Community Plan Targets.The Warm Springs / South Fremont Land Use Plan is unique in its mix of jobs-related and residential uses. Key land use standards will help ensure a healthy and supportive mixing of these uses in a unique and innovative manner creating a 21st century model of a mixed-use district.

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2.4 MASTER PLANSProjects larger than five (5) acres are required to provide a Master Plan to show how applicable Land Use Targets will be achieved over time, how new streets and bicycle and pedestrian pathways interconnect with the overall Warm Springs/South Fremont street network and provide an acceptable plan for interim land uses for undeveloped land. The Master Plan shall also identify how the project will be phased. Figure 2.6 Sample Phased Master Plan illustrates this process.Initial PhasesInitial phases of projects may be developed at lower intensities than allowed within Figure 2.3 Land Use Matrix. An acceptable plan for interim land uses for underdeveloped land must be provided.Intermediate PhasesSubsequent phases of projects must provide an increase in intensity of land use. Greater intensities should be located nearer to transit infrastructure, such as the Warm Springs/South Fremont BART station. Final Phase: Master PlanCompleted Master Plans must achieve minimum development intensities indicated in Figure 2.3 Land Use Matrix.

WARM SPRINGS / SOUTH FREMONT COMMUNITY PLAN

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Final Phase3 Acres75 DU / Net Acre225 DUMaster Plan12 Acres50 DU / Net AcreTotal = 600 DU Final Phase3 Acres2.5 FAR326,700 SFMaster Plan12 Acres1.5 FARTotal = 784,080 SF Intermediate Phase3 Acres65 DU / Net Acre195 DUMaster Plan12 Acres31.25 DU / Net AcreTotal = 375 DU IntermediatePhase3 Acres1.5 FAR196,020 SFMaster Plan12 Acres0.875 FARTotal = 457,380 SF Initial Phase6 Acres30 DU / Net Acre180 DUMaster Plan12 Acres15 DU / Net AcreTotal = 180 DU Initial Phase6 Acres1.0 FAR261,360 SFMaster Plan12 Acres0.5 FARTotal = 261,360 SF Total Site Area12 Acres
(within 1/4 mile of BART station).

Total Site Area12 Acres
Figure 2.6 Sample Master Plan with conceptual phasing plan and building intensities Sample Residential50 DU / Net AcreSample Office1.5 FARSECTION 2LAND USE

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PUBLIC REALM AND TRANSPORTATIONThis chapter provides requirements for the design and development of a public realm framework and transportation networks that will add value to the Warm Springs / South Fremont area and ensure public access and mobility for generations to come. The overlay of a correctly sized grid of new public streets, a network of new transportation opportunities and the distribution of new public open space are essential to liveability in an urban environment. A robust public realm, in the form of public streets, open spaces and art work encourages a high degree of social interaction, promotes collaboration and the sharing of ideas, provides an urban landscape that is visually rich and varied and supports goals of reducing dependance on cars. Requiring a pattern of small blocks and many intersections provides a variety of engaging pedestrian focused, publicly accessible streets and paths that encourage walking and biking. Public open space requirements ensure that workers and residents enjoy the benefits of urban living by having convenient access to a wide array of outdoor spaces and activities. To accommodate the increase in intensity of use, Warm Springs / South Fremont will have access to a broad range of transportation systems, including rail, bus transit, local streets and regional freeways. The addition of BART in late 2015 will increase the mobility of future residents and employees that will live, work, and shop within the plan area. When completed, these local and regional transportation facilities will enhance linkages between Warm Springs/South Fremont, other activity centers within Alameda and Santa Clara Counties and the greater San Francisco Bay Area.The proposed new street layout, transportation network and public open space distribution in this chapter are conceptual. Future development proposals must be carefully vetted through a master planning process to maintain compatibility and ensure they meet the goals and vision of the Community Plan.

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3.2 STREET TYPOLOGIESThe street system for the Warm Springs/South Fremont Community Plan has been categorized into four street typologies and two easement typologies that relate to each street’s function and relationship to adjacent land uses. Some streets are designed to move a high volume of vehicles quickly and efficiently, while streets adjacent to commercial uses should prioritize space for pedestrians, on-street parking, and loading zones.A street typology provides a set of design standards that inform the elements included in the streets’ public right-of-way. Not every neighborhood or area within the Community Plan will include the same street typologies, because streets serve different functions dependent on their land use context. The City of Fremont has street geometric standards for a set of street typologies which share similarities with the typologies developed for the Community Plan area.Easement typologies are intended to allow for the development of a finer grained network of streets on privately owned property. These easements must be pedestrian oriented connections that are publicly accessible at all times and form a connected part of the network of public streets.Street Typologies• Urban Corridor• Urban Street• Industrial Street• Local StreetEasement Typologies• Shared Public Way Easement• Pedestrian Public Path EasementThese typologies and their dimensional standards are described and illustrated in further detail on the following pages. Street sections at intersections will vary from the street sections provided in this section, depending on available right-of-way and required turning movements. Minor variations within the prescribed public right-of-way of each street or easement may be approved by the City Engineer. In addition, other City-adopted street sections that are in the City’s Standard Details may be used when approved by the City Engineer as part of a Master Plan or design review process. Finally, individual development proposals shall meet the Fire Department’s access requirements.

WARM SPRINGS / SOUTH FREMONT COMMUNITY PLAN

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3.7 PUBLIC ARTDevelopment in the Plan area shall include an art component, intended to contribute to the overall cultural experience of the urban spaces. The art features shall be located within the required public or private open space for each development, but shall be publicly visible both day and night. The art shall be developed to be an integral part of the community and to enrich the daily lives of the Warm Springs/South Fremont residents and workers. The key types of art are:Gateway Art: Generally located at points of entrance to the Community Plan district, to show people that they have arrived at the Warm Springs/South Fremont districtConnecting Art: Generally located at key intersecting paths throughout the Plan area, as somewhat of a wayfinding tool, that can be seen from two or more vantage pointsContemplative Art: Located at the edge of a development site, or within a development site, to be admired on its own Art can take many forms. It does not have to be an outdoor sculpture. The location, type and size of the required art shall be part of an applicant’s Master Plan, development agreement, or planning application.

WARM SPRINGS / SOUTH FREMONT COMMUNITY PLAN

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WARM SPRINGS / SOUTH FREMONT COMMUNITY PLAN
RESEARCH & DEVELOPMENTThe focus of these buildings is the research and development of future products and technologies that are at the center of innovation. In order to provide a setting that truly nurtures this innovation, the site design of research and development campuses should create inviting and comfortable semi-public open spaces, reinforce the sense of collaboration and sharing of ideas and provide opportunities to exhibit and promote the ideas and technologies that are being innovated within. Buildings and campuses should be linked to the rest of the district by a network of pedestrian and bicycle paths, landscaped open spaces, shuttles and publicly accessible streets. Master plans for these areas should be phased and reserve land for expansion allowing for future growth and innovation in site planning and development.

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4.4 GROUND FLOOR ACTIVATIONTo foster pedestrian focused environments, building bases should convey a sense of activity and liveliness. The following standards and guidelines are intended to bring building life to the pedestrian level and into the public realm by requiring many individual building entries, a high degree of transparency at the ground floor, and a comfortable buffer between the street and the interior of buildings. Residential Ground Floor ActivationResidential buildings should make every effort to activate and enliven the building base as the interface between the public and private realm with a fine grain rhythm of entries and a sense of openness and engagement.• Residential Unit Entries: Each ground floor residential unit must have an individual entry door directly from an adjacent public right-of-way, public easement, public dedicated open space or public courtyard. • Residential Rhythm: Where ground floor residential units face a public right-of-way or public easement residential entries must occur at a minimum average of 1 door per 25 to 35 linear feet of building frontage. • Recessed Entries: Residential entries must be sheltered from the rain and wind and provide an entry light. Ground floor residential unit entries must be articulated a minimum of 18 inches from the streetwall. • Residential Openness: At least 30% of the ground floor facade of residential buildings shall be devoted to doors and transparent windows to allow maximum visual interaction between sidewalk areas and the interior of residential units. The use of dark or mirrored glass is not permitted. • Residential Ground Floor Height: Ground floor residential units must have a minimum floor to floor height of 10 feet. • Elevated Residential Units: A 24 to 48 inch elevation change must be provided between the first habitable floor of ground floor residential dwelling units and the sidewalk grade. Ground floor residential units must have access to an alternative circulation path that meets universal accessibility standards. For sloped sites (sloped after finish grade), exceptions to this standard may be proposed, and approved, as part of a development’s Master Plan.• Building Lobbies: Residential building lobbies should be limited to no greater than 30 feet wide along the street frontage.

WARM SPRINGS / SOUTH FREMONT COMMUNITY PLAN

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LAND USEPlanning AreasLand Use MixLAND USE STANDARDSMinimum Intensity MASTER PLANSMinimum and Maximum Site Areas
STREET NETWORKStreet Plan/Block SizesStreet Assemblies

5.2 ZONINGAreas that are created to provide specific land-use mixes. Categorization and mapping will need to be incorporated with current zoning and administrative procedures, or those procedures will require modification.Land Use Mix categorization will need to be incorporated into the current land use classification system through the creation of a new land use designation.Minimum density and FAR requirements will have to be incorporated into the current zoning ordinance. The probable solution of this issue is to configure the use intensities as ranges, all with a minimum and maximum, even if zero or unlimited. This will help ensure consistency throughout the ordinance.This issue will require the city to implement a tracking system for the incremental development and its affect on the overall mix of uses both in large developments and across the entire district. The city should adopt a methodology for modifying the minimums and maximums based on ongoing success of the district.The city should implement a tracking and enforcement system for ensuring master plans are executed as planned, while also considering market and economic forces. In these particular scenarios future performance is critical to initial approval so tracking is imperative. A generally acceptable method is to regulate maximum block sizes specific to planning areas. Special attention should be paid to definition of blocks and rights-of-way. Additional flexibility can be attained through provisions for variations in right-of-way definitions.There are no conflicts with street assembly requirements and the current zoning ordinance.

WARM SPRINGS / SOUTH FREMONT COMMUNITY PLAN

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Minutes Planning Commission – November 21, 2024 PAGE 1

MINUTES

FREMONT PLANNING COMMISSION
SPECIAL MEETING OF NOVEMBER 21, 2024

CALL TO ORDER: Chairperson Zhang called the meeting to order at 7:00 p.m.

PRESENT: Chairperson Zhang
Vice Chairperson Basrai
Commissioners Craig, Liu, Ramamurthi, Yee

ABSENT: None

VACANCY: One vacancy pending orientation

STAFF PRESENT: Joel Pullen, Planning Manager
Heather Lee, Senior Deputy City Attorney
Mark Hungerford, Senior Planner
Winnie Mui, Associate Planner
Clarissa Flores, Planner I
Kim Salazar, Recording Clerk
Khanh Vo, IT Specialist II
Chavez Company, Remote Stenocaptioning
Napoleon Batalao, Video Technician

APPROVAL OF MINUTES: Commissioner Yee moved to approve minutes for the regular meeting of September 26, 2024 and Vice Chairperson Basrai seconded. The m otion carried with one abstention from Commissioner Craig.

DISCLOSURES: Commissioner Liu drove past the project site for Item 1 (PLN2024-00075) and reported that he had previously visited the property to do business with another tenant in the same building.

Commissioner Yee visited the project site for Item 1 (PLN2024- 00075), and spoke with three other business owners in the area, as well as a couple of employees at each of the other businesses.

Commissioner Craig drove past the project site for Item 1 (PLN2024-00075).

Vice Chairperson Basrai drove to the project site and walked the property for Item 1 (PLN2024 -00075). Vice Chairperson Basrai

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spoke with a neighboring business owner and one of their employees, but did not speak with the applicant.

Chairperson Zhang drove by the project site for Item 1 (PLN2024-00075), walked around the neighborhood, and spoke with the manager at a nearby spa facility.

Timestamps from the video webcast are listed below each Public Hearing Item Number and are in hours format, as follows: (hours:minutes:seconds). Video webcasts of Planning Commission meetings can be found at: https://fremontca.viebit.com/#

CONSENT CALENDAR None

PUBLIC/ORAL
COMMUNICATIONS Kelly Abreu commented on a proposed development directly across from Coyote Hills Regional Park, areas that are zoned as light industrial, and developer fees.

PUBLIC HEARING ITEMS

Item 1. ANEW WELLNESS SPA CUP – 40611 Grimmer Boulevard – PLN2024-00075 – (00:12:10) To consider a Conditional Use Permit for a massage establishment located in the Irvington Community Plan Area, and to consider a categorical exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Facilities, and on a separate and independent basis, a finding that the project is subject to no further environmental review pursuant to CEQA Guidelines Section 15183, as the project is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified.

Planning Manager Joel Pullen introduced the item.

Project Planner Clarissa Flores gave a brief presentation and responded to questions from the Commission regarding tenant improvements and/or changes to the suite, ADA compliance, and access to the second floor , with assistance from Planning Manager Joel Pullen.

Chairperson Zhang opened the public hearing for this item.

Yumei Hawkins, applicant/business owner, and her partner Gregg Millittello briefly spoke to their history in opening and operating spas in the bay area, and their confusion with the type of permits required for operating a spa in the City of Fremont. They then responded to questions from the Commission.

Dayna Moran, trustee of the building owner for 40611 Grimmer Boulevard, wanted it noted that a handicap parking space was located at the back of the building.

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Leland Chin, Side Xi, and Devinder Shoker spoke individually in opposition of the proposed project.

Yumei Hawkins and Gregg Millittello spoke in rebuttal to the public comments.

Chairperson Zhang closed the public hearing for this item.

Planning Manager Joel Pullen offered clarification on the recent history of operating spa establishments in the state of California, as well as the City of Fremont.

IT WAS MOVED (BASRAI/LIU) AND CARRIED BY THE FOLLOWING VOTE (4-2-0-0-0-1) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND

FOUND THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED

PURSUANT TO AN EXEMPTION FROM THE REQUIREMENTS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PER, WITHOUT

LIMITATION, AND EACH AS A SEPARATE AND INDEPENDENT BASIS, CEQA GUIDELINES SECTION 15301, EXISTING FACILITIES, AS THE

PROJECT CONSISTS OF OPERATIONS WITHIN AN EXISTING PRIVATE

STRUCTURE, AND A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PER CEQA GUIDELINES SECTION 15183, AS THE

PROJECT IS CONSISTENT WITH THE LAND USE ENVISIONED FOR THE SITE

AS ESTABLISHED BY THE GENERAL PLAN FOR WHICH AN
ENVIRONMENTAL IMPACT REPORT (SCH#2010082060) WAS PREVIOUSLY PREPARED AND CERTIFIED;
AND
FOUND THAT THE CONDITIONAL USE PERMIT (PLN2024 -00075) IS IN

CONFORMANCE WITH THE RELEVANT PROVISIONS CONTAINED IN THE CITY’S GENERAL PLAN. THESE PROVISIONS INCLUDE GOALS AND

POLICIES SET FORTH IN THE GENERAL PLAN LAND USE ELEMENT AS ENUMERATED WITHIN THE STAFF REPORT;
AND
APPROVED CONDITIONAL USE PERMIT (PLN2024 -00075), AS SHOWN ON EXHIBIT “A” AND BASED UPON FINDINGS AND SUBJECT TO CONDITIONS OF APPROVAL IN EXHIBIT “B.”

The motion carried by the following vote:

AYES: 4 – Basrai, Craig, Liu, Ramamurthi
NOES: 2 – Yee, Zhang
ABSTAIN: 0
ABSENT: 0
RECUSE: 0
VACANCY: 1 – Pending orientation

Chairperson Zhang called for a brief recess at 8:09 p.m. and reconvened the meeting at 8:21 p.m.

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Item 2. WINTER 2024/2025 CODE UPDATE – Citywide – PLN2025-00065 – To (01:25:30) consider amending various chapters within Fremont Municipal Code Title 2 (Administration and Finance), Title 8 (Health and Safety), Title 17 (Subdivisions), and Title 18 (Planning and Zoning), and related amendments to the Warm Springs / South Fremont Community Plan, to clarify and enhance definitions, procedures, and standards related to development and use of property within the City and implement the 2023-2031 Housing Element; and to consider exemptions for the proposed amendments from the requirements of the Cal ifornia Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption) and §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

Planning Manager Joel Pullen introduced the item.

Associate Planner Winnie Mui gave a comprehensive presentation and responded to questions from the Commission with assistance from Senior Planner Mark Hungerford and Planning Manager Joel Pullen.

Commissioners Yee and Ramamurthi requested clarification on the authority and function of the Zoning Administrator (ZA), and Chairperson Zhang requested that the Planning Commission be notified of upcoming ZA Hearings.

Chairperson Zhang opened the public hearing for this item.

Kelly Abreu commented on actions taken by the Zoning Administrator and the cost to appeal those decisions. The speaker also commented on distilled spirits being distinguished from beer and wine; and utilization of the North American Industry Classification System (NAICS) for zoning.

Chairperson Zhang closed the public hearing for this item.

IT WAS MOVED (RAMAMURTHI/YEE) AND CARRIED BY THE FOLLOWING VOTE (6-0-0-0-0-1) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
RECOMMENDED THAT CITY COUNCIL:

FIND THAT THE PROPOSED AMENDMENTS ARE EXEMPT FROM THE

REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), EACH AS A SEPARATE AND INDEPENDENT BASIS PER SECTION 15061 OF THE CEQA GUIDELINES IN THAT IT IS NOT A PROJECT WHICH

HAS THE POTENTIAL TO CAUSE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT AND CEQA GUIDELINES SECTION 15183 AS A PROJECT

CONSISTENT WITH THE GENERAL PLAN AND ZONING AND OTHERWISE MEETING THE REQUIREMENTS OF THAT EXEMPTION;
AND

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FIND THAT THE PROPOSED AMENDMENTS ARE CONSISTENT WITH THE

GENERAL PLAN, INCLUDING THE LAND USE ELEMENT

IMPLEMENTATION MEASURE, HOUSING ELEMENT GOAL, AND

ECONOMIC DEVELOPMENT IMPLEMENTATION MEASURES DISCUSSED IN THE STAFF REPORT;
AND

FIND THAT THE PROPOSED AMENDMENTS FURTHER THE PUBLIC

INTEREST, CONVENIENCE, AND GENERAL WELFARE OF THE CITY BY

ENSURING CONSISTENCY OF THE FMC, AND STATE LAW, AND PROVIDE

FOR ZONING DISTRICT USES AND DEVELOPMENT STANDARDS THAT ARE

RELEVANT TO CURRENT DEVELOPMENT TRENDS, EASY TO USE,

FLEXIBLE AND EQUITABLE, AND ENSURE THE HEALTH AND SAFETY OF FREMONT RESIDENTS;
AND
INTRODUCE AN ORDINANCE APPROVING AMENDMENTS TO FMC TITLE 2 (ADMINISTRATION AND FINANCE), TITLE 8 (HEALTH AND SAFETY), TITLE 17 (SUBDIVISIONS), AND TITLE 18 (PLANNING AND ZONING);
AND

ADOPT A RESOLUTION FOR AMENDMENTS TO THE WARM SPRINGS /

SOUTH FREMONT COMMUNITY PLAN FOR CONSISTENCY WITH
PROPOSED AMENDMENTS TO TITLE 18, AS SHOWN ON EXHIBIT “A;” AND

DIRECT STAFF TO DOCUMENT THE ABOVE WRITTEN FINDINGS AND

RECOMMENDATION OF THE COMMISSION TO THE CITY COUNCIL AND TO

PREPARE, AND THE CITY CLERK TO PUBLISH, A SUMMARY OF THE ORDINANCE.

The motion carried by the following vote:

AYES: 6 – Basrai, Craig, Liu, Ramamurthi, Yee, Zhang
NOES: 0
ABSTAIN: 0
ABSENT: 0
RECUSE: 0
VACANCY: 1 – Pending orientation

DISCUSSION ITEMS

MISCELLANEOUS ITEMS

Information from Commission and Staff:

• Information from staff, as reported by Planning Manager Joel Pullen:

o The next Planning Commission meeting is scheduled for December 12, 2024. o Our newest Planning Commissioner, Mufaddal Ezzy, will be onboarded and present at the next meeting.

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Attachment: Planning Commission Meeting - Draft Minutes (5327 : Winter 2024/2025 Code Update)

Minutes Planning Commission – November 21, 2024 PAGE 6

• Actions from City Council Regular Meetings: None

• Information from Commission:

o Commissioner Yee commented on the grand opening of the Fremont Food Hall on Capital Avenue, the soft opening for the Bintang Badminton facility on Milmont Drive , and the next Planning Commissioners Academy scheduled for March 5-7, 2025 in Santa Rosa, CA.

ADJOURNMENT

Meeting adjourned at 9:13 p.m.

SUBMITTED and APPROVED BY:

Kim Salazar, Recording Clerk Joel Pullen, AICP, Secretary Planning Commission Planning Commission

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Attachment: Planning Commission Meeting - Draft Minutes (5327 : Winter 2024/2025 Code Update) Fremont City Council Meeting: 12/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Fees & Rates

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5318) DOC ID: 5318
Updated: 12/12/2024 4:16 PM by Dina Lewis Page 1
DEVELOPMENT IMPACT FEE ANNUAL REPORT - Receive the Development Impact Fee Annual Report for Fiscal Year 2023/24 and Hold a Public Hearing (Published Notice) to Consider a 0.23% Decrease in Development Impact Fees to Align with the Bay Area Construction Cost Index; Make Findings of CEQA Exemption.

Contact Persons:

Name: Hans Larsen
Title: Public Works Director
Div/Dept: Public Works
Phone: 510-494-4722
E-Mail: [email protected]

Executive Summary: This report contains information on the City of Fremont’s Development Impact Fees for Fiscal Year 2023/24 and meets the annual reporting requirements in California Government Code section 66006. This report also provides information on changes in the Bay Area Construction Cost Index for the San Francisco Bay Area and recommends a 0.23% decrease in development impact fees consistent with those changes.

The proposed 0.23% reduction in impact fees is based on the 2024 Construction Cost Index for the San Francisco Bay Area published by the Engineering News Record. The reduction is viewed as a market correction to the relatively high construction cost increase of 13.65% identified for 2022. A reduction was also recorded for 2023 (of 1.73%).

BACKGROUND: The Mitigation Fee Act (Government Code Section 66000 et seq.), commonly referred to as AB 1600 (the “Act”), requires each local agency that imposes development impact fees to follow certain accounting procedures for tracking fee revenue and to prepare an annual report providing specific information about those fees. The information must be made available to the public within 180 days after the close of the previous fiscal year, and the annual report must be reviewed by the City Council not sooner than 15 days after the information is made available to the public. Notice of the time and place of the council meeting must be provided to the public and must also be mailed at least 15 days prior to the meeting to interested persons who filed a timely request for mailed notices (Gov. Code Section 66006(b)(2)). The City complied with the noticing requirements.

The Act also requires that every five years the Council make certain findings with respect to unexpended impact fees following the first deposit into the fee account. (Gov. Code Section 66001(d)). The Council made these findings on March 2, 2021, with the approval of the FY 2019/20 Development Impact Fee Annual and Five-Year Report. The next Five-Year Report covering FYs 2020/21 – 2024/25 will be presented to Council in December 2025.

The City provides for annual adjustments to impact fees to keep pace with the inflationary cost of infrastructure construction. The adjustments are based on the Engineering News Record-Construction Cost Index (ENR-CCI) for the San Francisco Bay Area, which measures the annual fluctuations in general construction costs so that impact fees will continue to

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generate sufficient funds to construct the facilities needed to serve new development. This index best aligns with the types of construction materials and labor used to implement Fremont’s capital projects funded with impact fees, which primarily consist of improvements to park and transportation facilities. Annual adjustments are made in accordance with the process established by Council Resolution No. 2017-20, adopted on April 18, 2017.

DISCUSSION/ANALYSIS:

Annual Report
The City imposes impact fees on new development to mitigate the impacts caused by new development. An impact fee is a monetary exaction other than a tax or special assessment that is charged by a local agency to a new development to cover costs of public facilities needed because of impacts created by the new development. Impact fees are typically paid by developers at the time of building permit issuance and cannot be used to correct existing deficiencies or for the ongoing operation and maintenance costs of these facilities. The City’s development impact fees covered by AB 1600 are the following:

• Capital Facilities Fees
• Fire Facilities Fees
• Parkland Fees
• Park Facilities Fees
• Traffic Program Fees

Staff has prepared the attached consolidated report for Fiscal Year 2023/24, which provides the information required by the Mitigation Act, (as amended by AB 516, effective January 1, 2024). The information below was made available to the public as required by law for the FY ending June 30, 2024:

(A) A brief description of the type of fee in the account or fund. (B) The amount of the fee.
(C) The beginning and ending balance of the account or fund. (D) The amount of fees collected, and interest earned.
(E) An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. • Identification of each public improvement identified in the prior report, and whether construction began on the approximate date previously noted.
• For previously identified projects that did not start construction on the approximate date identified in the prior report, a reason for the delay and a revised approximate construction start date.
(G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.

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Council Staff Report (ID # 5318) Meeting of December 17, 2024 Updated: 12/12/2024 4:16 PM by Dina Lewis Page 3
(H) The amount of refunds made of unexpended funds pursuant to Government Code Section 66001(e), and the amount of reallocation of funds made under Government Code Section 66001(f)] due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded. For any refunds made, the number of persons or entities identified to receive those refunds.

Annual Adjustment to Development Impact Fees
In accordance with the process established by Council Resolution No. 2017-20, staff proposes a 0.23% reduction to impact fees, effective July 1, 2025. This annual adjustment is based on the ENR-CCI for the San Francisco Bay Area, which measures the inflationary cost of infrastructure construction and annual fluctuations in general construction costs so that impact fees will continue to generate sufficient funds to construct facilities needed to serve new development. This index best aligns with the types of construction materials and labor used to implement Fremont’s capital projects funded with these fees, which primarily consist of improvements to park and transportation facilities.

It is noted that the CCI varies from other cost indexes such as the Building Construction Index (oriented toward building structures) and the Consumer Price Index (oriented towards consumer goods and food). Provided in the table below is a comparison of the various indexes and their fluctuations over the past five years. In 2022, there was a large inflationary increase related to construction and consumer costs. In 2023, there was a market correction to lower inflation levels, including a unique decrease of 1.73% reported for the CCI. In 2024, there has been another market correction to lower inflation levels, a decrease of 0.23% reported for the CCI.

Cost Index Comparisons and Annual Changes for San Francisco Bay Area 2020 2021 2022 2023 2024
Construction Cost Index 4.48% 6.62% 13.65% -1.73% -0.23% Building Cost Index 4.88% 11.21% 22.18% 2.66% 0.27%
Consumer Price Index 1.62% 3.15% 6.80% 2.88% 3.24%

Adjustment to Impact Fees – Effective July 1, 2025. State law requires a minimum 60-day period after Council approval for fee adjustments to go into effect. The proposed 0.23% decrease of the impact fees would go into effect July 1, 2025, which is more than the 60 days required by state law. The new fees that would become effective July 1, 2025, are shown in Exhibit A of the Resolution included with this item.

Public Notice. Impact fee adjustments generally require a noticed public hearing under Government Code Section 66018, for which notice must be provided in accordance with Government Code Section 6062a. The City complied with these requirements by publishing the public hearing notice in the Tri-City Voice on November 26, 2024. Additionally, public hearing e-mail and text notifications of the proposed adjustments to the impact fees were sent to approximately 3,540 email subscribers and 1,091 text subscribers listed on the City’s e-Subscribe Builder’s Interest List on December 2, 2024.

FISCAL IMPACT: Reducing the City’s impact fees by 0.23% ensures that new development is adequately funding its share of the costs of new public facilities, as the costs to construct

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Council Staff Report (ID # 5318) Meeting of December 17, 2024 Updated: 12/12/2024 4:16 PM by Dina Lewis Page 4
these projects fluctuate over time. Adjusting the impact fees annually to reflect current construction costs ensures the City does not subsidize new development’s share of these facilities and that adequate funding is available when the City is ready to construct the projects.

ENVIRONMENTAL REVIEW: The recommended action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that it is an administrative or governmental funding mechanism or fiscal activity that does not involve a commitment to any specific project and is not a project that has the potential for causing a significant effect on the environment.

ATTACHMENTS:
• Draft Resolution Development Impact Fee
• Development Impact Fee Annual Report for Period Ending June 30, 2024 • Exhibit A to Draft Resolution Development Impact Fee

RECOMMENDATIONS:

1. Approve the Development Impact Fee Annual Report for Period Ending June 30, 2024.

2. Hold a public hearing regarding the proposed development impact fee adjustment.

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Resolution 2024-XX Page 1 of 2 RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT APPROVING ANNUAL ADJUSTMENTS TO THE
DEVELOPMENT IMPACT FEES TO REFLECT A 0.23% DECREASE

IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST

INDEX FOR THE SAN FRANCISCO BAY AREA AND AMENDING

THE MASTER FEE SCHEDULE TO INCORPORATE THE REVISED
FEES

WHEREAS, the City of Fremont (“City”) has established five Development Impact Fees to finance public facilities to mitigate the impacts caused by new development, to wit, the Parkland Fee, the Park Facilities Fee, the Traffic Impact Fee, the Fire Facilities Fee, and the Capital Facilities Fees, which are administered in accordance with the City’s Impact Fee Ordinance ,codified in Fremont Municipal Code Section 18.290; and

WHEREAS, on April 18, 2017, the City Council adopted Resolution No. 2017-20, which established a process for annual adjustments to development impact fees commensurate with changes in the Engineering News Record-Construction Cost Index (ENR-CCI) for the San Francisco Bay Area, which measures the annual changes in general construction costs so that impact fees will continue to generate sufficient funds to construct the facilities needed to serve new development; and

WHEREAS, the ENR-CCI for the San Francisco Bay Area indicates that general construction costs decreased 0.23 percent in 2024; and

WHEREAS, on December 17, 2024, the City Council held a duly-noticed public hearing with respect to the proposed development impact fee adjustment where all members of the public had an opportunity to be heard.

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

SECTION 1. The City Council approves a 0.23% decrease to the City’s development impact fees , effective July 1, 202 5, which shall be administered in accordance with the City’s Impact Fee Ordinance.

SECTION 2. The Master Fee Schedule , adopted by Resolution No. 8672 , Section II - PLANNING & DEVELOPMENT, Subsection I - Development Impact Fees , is amended to reflect the new development impact fee rates approved by this Resolution , as shown in Exhibit “A” to this Resolution .

SECTION 3. This The fees set forth in this Resolution shall become s effective July 1, 202 5 and this Resolution shall supersede all previous resolutions in conflict herewith . A ll conflicting resolutions shall be deemed repealed without

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Attachment: Draft Resolution Development Impact Fee (5318 : DEVELOPMENT IMPACT FEE ANNUAL REPORT)

Resolution 2024-XX Page 2 of 2 further action by the City Council.

ADOPTED , 2024, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINT:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution Development Impact Fee (5318 : DEVELOPMENT IMPACT FEE ANNUAL REPORT)

1 Development Impact Fee
Annual Report
for
Period Ending
June 30, 2024

Report Date: December 2, 2024 (DRAFT)

Acceptance of Report by Fremont City Council: December 17, 2024 (PROPOSED)

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Attachment: Development Impact Fee Annual Report for Period Ending June 30, 2024 (5318 : DEVELOPMENT IMPACT FEE ANNUAL REPORT)

2 Development Impact Fee Annual Report
Table of Contents

Overview and Legal Requirements for Development Impact Fee Reporting ......................... 3 Parkland Fee.................................................................................................................................. 5 Park Facilities Fee ......................................................................................................................... 7 Traffic Impact Fee ...................................................................................................................... 12 Fire Facilities Fee ........................................................................................................................ 17 Capital Facilities Fee................................................................................................................... 19 Comprehensive List Development Impact Fees Effective July 1, 2023.................................. 21

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Attachment: Development Impact Fee Annual Report for Period Ending June 30, 2024 (5318 : DEVELOPMENT IMPACT FEE ANNUAL REPORT)

3 Overview and Legal Requirements for Development Impact Fee Reporting

This report is intended to fulfill the annual requirements set forth in the Mitigation Fee Act (Government Code Section 66000 et seq.) with respect to the City of Fremont’s Development Impact Fees. The City has five Development Impact Fees:

• Parkland Fee
• Park Facilities Fee
• Traffic Facilities Fee
• Fire Facilities Fee
• Capital Facilities Fee

The City has established separate funds for each of these five fees. When a developer pays a development impact fee, the payment is credited to the appropriate fund. Interest earned on the money in a fund is credited to that fund. Each fund is available only for the purpose for which its associated development impact fee was charged, and expenditures cannot be made from a fund for any other purpose.

Annual Reporting Information (Required by Gov. Code Sec. 66006) For each development impact fee fund, the following information is provided in this report for the fiscal year beginning July 1, 2023 and ending June 30, 2024.

A. A brief description of the type of fee in the fund.

B. The rate of the fee.

C. The beginning and ending balance in the fund for the fiscal year.

D. The amount of fees collected and interest earned during the fiscal year.

E. An identification of each public improvement on which fees were expended during the fiscal year and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

F. (i) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (ii) An identification of each public improvement identified in a previous report pursuant to clause (i) and whether construction began on the approximate date noted in the previous report. (iii) For a project identified pursuant to clause (ii) for which construction did not commence by the approximate date provided in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction.

G. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or funds will receive on the loan.

H. The amount of refunds made [as pursuant to Government Code Section 66001(e)] due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made [as pursuant to Government Code Section 66001(f)] due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded. For any refunds made, the number of persons or entities identified to receive those refunds.

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Attachment: Development Impact Fee Annual Report for Period Ending June 30, 2024 (5318 : DEVELOPMENT IMPACT FEE ANNUAL REPORT)

4 Note that, during Fiscal Year July 1, 2023, through June 30, 2024, no refunds pursuant to Government Code Section 66001(e) or allocations pursuant to Government Code Section 66001(f) were made in connection with any of the development impact fee accounts.

All projections regarding future use of City funds for public improvements are made with reference to the most recent Capital Improvement Program (CIP) of the City adopted by the City Council on June 13, 2023, as amended and updated from time to time.

All fees are administered pursuant to Chapter 18.290 of the Fremont Municipal Code.

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Attachment: Development Impact Fee Annual Report for Period Ending June 30, 2024 (5318 : DEVELOPMENT IMPACT FEE ANNUAL REPORT)

5 Parkland Fee

Annual Information

A. Brief Description of the Fee: The parkland fee is levied on all new residential development to pay for new development’s share of the cost of acquiring land for parks.

For further information on the fee calculation methodology, please refer to the Parkland and Park Facilities Fee Technical Report, May 17, 2021, and the Comprehensive Development Impact Fee Background Report, May 17, 2021, prepared by Willdan Financial Services, report available:
https://www.fremont.gov/government/departments/community- development/planning-building-permit-services/fees.

B. Fee Rate: The rate of the fee effective July 1, 202 3, per dwelling unit, based on the number of bedrooms in the dwelling unit, is set forth below:

Land Use Parkland
0 bedrooms (studios) $ 5,888
1 bedroom $ 9,123
2 bedrooms $12,545
3 bedrooms $15,362
4 bedrooms $19,201
>4 per add’l bedroom $ 3,539

C. Fund Balance: The balance of the parkland fee fund as of the following dates was:

Beginning Balance - July 1, 2023 $61,753,849
Ending Balance - June 30, 2024 $69,386,225

D. Fees Collected and Interest Earned : The total of the fees collected, and interest earned on the fund during the period from July 1, 2023, through June 30, 2024, was:

Fees Collected: $4,865,370
Interest Earned: $2,885,575

E. Public Improvements Being Funded with Fees, Amounts Expended this Fiscal Year, and Total Percentage of Cost of Improvement Funded with Fees:

The parkland fee funds the acquisition of parkland throughout the City, and specifically, in geographical areas of the City of Fremont where parks are non-existent and/or are insufficient to serve community recreational needs, consistent with city policies and objectives focused on addressing citywide park equity (see March 2022 Parks and Recreation Master Plan). The areas with the highest need for parks are densely residential areas with little or no open space remaining.

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Attachment: Development Impact Fee Annual Report for Period Ending June 30, 2024 (5318 : DEVELOPMENT IMPACT FEE ANNUAL REPORT)

6 No parkland was purchased in fiscal year July 1, 2023 through June 30, 2024. Parkland fee funds were expended this fiscal year for program and administrative support, and to pay for the services of a real real estate broker/firm to evaluate potential parkland purchase opportunities and park expansion feasibility at various locations. A net expenditure in the amount of $118,569 (see table below) was expensed to this fund during this fiscal year.

Potential parkland sites and parcels in the Cabrillo, Glenmoor, Central/Downtown, Irvington, and Grimmer neighborhoods were evaluated this fiscal year with regard to availability, cost, environmental hazards, and compliance with city park development standards. The City continues to pursue purchasing options and opportunities as they arise, and to evaluate anticipated cost of acquisition and development to determine whether sufficient funds have been collected to complete financing for each specific project, consistent with the March 2022 Parks and Recreation Master Plan and the City’s parkland needs. It is anticipated that the cost of acquiring parkland will be funded by impact fees.

Parkland Impact Fees
through June 30, 2024
Project Name
Amount of
Impact Fee
Expensed in FY
23/24
Amount of Fee
Proceeds in
Project
Total Project
Cost
%
of Project Funded
from Fee: Amount
of Fee Proceeds /
Total Project Cost
Funded
Development
Impact Fee Review $ 697 $ 729,975 $ 4,685,087 16% Parkland
Acquisition Admin
Support
$ 2,487
$ 115,385 $ 200,000 $ 200,000 100% $ 118,569

F. Status of Fully Financed Parkland Acquisitions that Remain Incomplete and Projected Date of Acquisition (as of June 30, 2024): At this time, no specific properties have been selected for parkland acquisition, pending completion of further feasibility studies and cost analysis for multiple properties. The approximate date for funding and acquiring parkland will be determined, at the discretion of the City Council, when the required studies are finalized and the City determines that adequate additional funds have accumulated.

G. Interfund Activities: There were no interfund loans or transfers during the period from July 1, 2023 through June 30, 2024.

For more information about the parkland program, reference is made to:

(i) Parkland and Park Facilities Fee Technical Report, May 17, 2021

(ii) Comprehensive Development Impact Fee Background Report, May 17, 2021

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Attachment: Development Impact Fee Annual Report for Period Ending June 30, 2024 (5318 : DEVELOPMENT IMPACT FEE ANNUAL REPORT)

7 Park Facilities Fee
Annual Information

A. Brief Description of the Fee: The fee is levied to fund construction of park facilities that are needed to serve new residential development.

For further information on the fee calculation methodology, see Parkland and Park Facilities Fee Technical Report, May 17, 2021, and the Comprehensive Development Impact Fee Background Report, May 17, 2021, prepared by Willdan Financial Services, report available:
https://www.fremont.gov/government/departments/community-development/planning- building-permit-services/fees

B. Fee Rate: The rate of the fee effective July 1, 2023, per dwelling unit, based on the number of bedrooms in the dwelling unit, is set forth below:

Land Use
Park
Facilities
0 bedrooms (studios) $ 6,999
1 bedroom $10,497
2 bedrooms $14,697
3 bedrooms $18,197
4 bedrooms $22,395
>4 per bedroom $ 4,199

C. Fund Balance: The balance of the park facilities fee funds as of the following dates was:

Beginning Balance - July 1, 2023 $48,409,859
Ending Balance - June 30, 2024 $49,478,304

D. Fees Collected and Interest Earned: The total of the fees collected, and interest earned on the fund during the period from July 1, 2023 through June 30, 2024 was:

Fees Collected: $5,272,928
Interest Earned: $2,264,400

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Attachment: Development Impact Fee Annual Report for Period Ending June 30, 2024 (5318 : DEVELOPMENT IMPACT FEE ANNUAL REPORT)

8 E. Public Improvements Being Funded with Fees, Amounts Expended this Fiscal Year, and Total Percentage of Cost of Improvement Funded with Fees: Fee proceeds were expended on 29 public improvement and administrative programs during the period from July 1, 2023, through June 30, 2024. A net expenditure in the amount of $6,468,882 was expensed to this fund during this fiscal year. The projects, the cost per project, and the percentage of costs paid by fees are included in the chart below, including information on fully funded projects and their projected construction commencement dates (see also Section F for construction schedule information):

Park Facility Impact Fees
through June 30, 2024
Project Name
Amount of
Impact Fee
Expensed in FY
23/24
Amount of
Fee Proceeds
in Project
Total Project
Cost
%
of Project Funded
from Fee: Amount of
Fee Proceeds / Total
Project Cost Funded Construction Status
Sabercat
Historical Park
Plan $ - $ 431,000 $ 431,000 100% N/A (Administrative) California
Nursery Master
Plan $ 1,025,561 $ 19,596,652 $ 22,264,563 88% See Section F Park Planning $ 400,030 $ 3,555,000 $ 5,089,528 70% N/A (Administrative) Development
Impact Fee
Review $ 434,891 $ 1,760,657 $ 4,685,087 38% N/A (Administrative) Pacific
Commons
Sports Park $ 110,796 $ 1,500,000 $ 10,668,970 14% TBD (pending full construction
funding plan)
CIP Preparation $ - $ 102,000 $ 3,038,880 3% N/A (Administrative) Buena Vista
Loop Trail $ 48,885 $ 750,000 $ 750,000 100% See Section F Buena Vista
Park Well
Upgrade $ 2,773 $ 270,000 $ 270,000 100% See Section F Central Park All
Inclusive
Exercise
Equipment $ 61,468 $ 1,147,000 $ 1,147,000 100% See Section F Central Park
Cricket Field
Shade $ 6,070 $ 166,000 $ 166,000 100% See Section F Central Park
North Lakeside
Development $ - $ 1,000,000 $ 5,000,000 20% TBD (pending full construction
funding plan)
Central Park
Path East
Meadow $ 754 $ 1,235,000 $ 1,235,000 100% See Section F Central Park
Path FCC to
Lions Picnic
Area $ 251,495 $ 383,800 $ 383,800 100% Project completed in June
2024
Central Park
Skate Park
Picnic Area $ 490 $ 331,000 $ 331,000 100% See Section F Central Park
Stevenson to
Lake ACFC $ 3,227 $ 1,170,000 $ 1,170,000 100% See Section F Hetch Hetchy
Bike/Pedestrian
Trail Warm
Springs/Irvington $ 607 $ 1,400,000 $ 1,900,000 74% TBD (pending full construction
funding plan)

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Attachment: Development Impact Fee Annual Report for Period Ending June 30, 2024 (5318 : DEVELOPMENT IMPACT FEE ANNUAL REPORT)

9 Northgate
Community Park
Closed Roof
Arbor $ 3,346 $ 389,000 $ 389,000 100% See Section F Palm Avenue
Park $ 84,888 $ 18,300,000 $ 18,300,000 100% See Section F Patterson Ranch
Dog Park $ 193 $ 660,000 $ 960,000 68% TBD (pending full construction
funding plan)
Security for
Parks $ 8,948 $ 286,000 $ 286,000 100% See Section F Update Parks &
Recreation
Master Plan $ 7,915 $ 1,167,322 $ 1,167,322 100% Project Complete; Master Plan
approved in March 2022
Update Park
Standard Details $ 241 $ 100,000 $ 100,000 100% N/A (Administrative) Central Park
Trail/Loop
Parking Lot $ 65 $ 338,300 $ 5,571,000 6% See Section F Central Park
Boat
Dock/Babbling
Brook $ - $ 218,000 $ 484,800 45% TBD (pending full construction
funding plan)
Centerville
Community Park $ 925,132 $ 12,079,829 $ 13,494,118 89% TBD (pending full construction
funding plan)
Central Park
Mammoth Picnic
Area Upgrade $ (20,270) $ 559,308 $ 645,308 87% Project Completed in October
2023
Pickle Ball Court
Conversion
throughout
Parks $ 619,388 $ 750,000 $ 900,000 83% Project Completed in May
2024
Sylvester
Harvey
Community Park
Loop Trail $ 1,504,195 $ 1,917,379 $ 2,367,379 81% Project Completed in May
2024
Vallejo Mills Dog
Park/Pickleball $ 486,281 $ 2,464,233 $ 3,164,233 78% See Section F Well
Replacement at
California
Nursery $ - $ 152,160 $ 210,160 72% TBD (pending alternatives
analysis and full construction
funding plan)
Central Park
Path Senior
Center to Lions
Picnic $ 176,458 $ 296,048 $ 474,000 62% Project Completed in June
2024
Dusterberry
Park $ 233,248 $ 6,251,412 $ 10,251,412 61% Project Completed in June
2023
Shoreline
Stabilization at
Lake Elizabeth $ 91,651 $ 177,000 $ 2,078,913 9% TBD (pending alternatives
analysis and full construction
funding plan)
Capital
Replacement for
Parks $ 154 $ 50,000 $ 5,398,358 1% TBD (pending full construction
funding plan)
$ 6,468,882

F. Status of Fully Financed Projects that Remain Incomplete and Projected Construction Start Date (as of June 30, 2024): Sufficient funds have been collected to complete financing on 14 outstanding projects. These projects and the anticipated construction/commencement dates are listed below:

Project Name Anticipated
Construction/Commencement Date

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Attachment: Development Impact Fee Annual Report for Period Ending June 30, 2024 (5318 : DEVELOPMENT IMPACT FEE ANNUAL REPORT)

10 Central Park North Lakeside Development Spring 2026
California Nursery Implementation Already commenced; Construction contract approved in June 2024
Security in Parks (Bollards and New Fencing) Already commenced; Construction contract approved in November 2023
Palm Avenue Park (New 12-acre park) Summer 2025
Vallejo Mills Dog Park/Pickleball Already commenced; Construction contract approved in 11/2023;
Construction temporarily delayed for
expanded environmental review
Central Park Skate Park Picnic Area Spring 2025
Central Park All-inclusive Exercise Equipment Already commenced; Construction contract approved September 2024
Central Park Cricket Field Shade Already commenced; Construction contract approved in February 2024
Patterson Ranch Dog Park Fall 2025
Central Park Path East Meadow Already commenced; Construction contract approved September 2024
Northgate Community Park Closed Roofed Arbor Summer 2025 Buena Vista Loop Trail Spring 2025
Buena Vista Park Well Upgrade Spring 2025
Central Park Path Stevenson to Lake ACFC Summer 2025

Projects with Revised Construction Schedules: The following information provides a list of projects experiencing schedule delays since previously reported, the reason for delay, and the revised schedule for commencement of construction:

• Project Schedules Impacted Due to Lowered Revenue Estimates and/or Increased Construction Costs – In 2023 new housing development activity in Fremont declined significantly due to various economic factors including cost inflation and high interest rates. This resulted in the lowering of estimated future revenue for Fremont’s Development Impact Fees, which affected the Capital Improvement Program for building Park Facilities by $8.8 million. In addition, recent construction cost inflation has created unanticipated funding shortfalls for various projects resulting in schedule delays until additional funding is secured. The following list of projects were previous reported as “fully funded” but they now are designated with a “to be determined” status (unless otherwise noted). A full funding plan and revised schedule is planned to be addressed as part of Fremont’s upcoming Capital Budget process with approval action planned in June 2025, and new construction start dates will be reported when it is determined that sufficient funds have been collected to cover increased project costs (unless otherwise noted below).

o Centerville Community Park (has a funding shortfall)
o Palm Avenue Park (fully funded, but construction start delayed to Summer 2025) o Central Park Trail/Loop Parking Lot (project dropped to allow funding of higher priority projects)
o Central Park Boat Dock and Babbling Brook Bridge (has a funding shortfall) o Skate Park Picnic Area (fully funded, but construction start delayed to Spring 2025) o Northgate Community Park Roofed Arbor (fully funded, but construction start delayed to Summer 2025)
o Buena Vista Trail Loop (fully funded, but construction start delayed to Spring 2025)

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11 o Pacific Commons (Municipal Parcel) Sports Park (has a funding shortfall) o MSJ Community Park Closed Roof Arbor (project cancelled and funds reallocated to other park facility projects)
o Central Park Path Stevenson to Lake (fully funded, but construction start delayed to Summer 2025)
o Central Park Shoreline Stabilization (project scope and timing being re-evaluated to address limited available funding; new projected construction start date will be reported when it is determined that sufficient funds have been collected to cover project costs )

G. Interfund Activities: There were no interfund loans or transfers during the period from July 1, 2023 through June 30, 2024.

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12 Traffic Impact Fee

Annual Information

A. Brief Description of the Fee: The traffic impact fee is assessed on new development for its proportionate share of the costs of traffic improvements on the citywide transportation system attributable to increased trips generated by new development through 2035.

For further information on the fee calculation methodology, please refer to the Traffic Impact Fee Technical Report, May 17, 2021 and the Comprehensive Development Impact Fee Background Report, May 17, 2021, prepared by Willdan Financial Service, report available: https://www.fremont.gov/government/departments/community- development/planning-building-permit-services/fees

B. Fee Rate: The rate of the fee effective July 1, 2023, is set forth below:

Land Use Traffic
0 bedrooms (studios) $ 2,886
1 bedroom $ 2,886
2 bedrooms $ 3,224
3 bedrooms $ 3,224
4 bedrooms $ 4,909
>4 per bedroom See Note 4
Office (KSF) $ 7,170
Retail/Service (KSF) $ 9,817
Warehouse (KSF) $ 4,245
Light Industrial (KSF) $ 5,197
Manufacturing (KSF) $ 3,609
Research & Development (KSF) $ 5,149
Business Park (KSF) $ 6,064
Convalescent Home/Nursing Home (KSF) $ 4,860
Assisted Living/Congregate Care Facility (KSF) $ 963 Hospital (KSF) $ 5,530
Religious Facility (KSF) $ 4,525
Schools, all (K-12) (KSF) $10,202
School, Vocation/Trade/Collegian (KSF) $12,704
Hotel/Motel (Room) $ 2,936

4. Under the Traffic fee, residential units with more than four bedrooms pay the fee applicable to a 4-bedroom unit.

C. Fund Balance: The balance of the traffic impact fee fund as of the following dates was:

Beginning Balance - July 1, 2023 $8,385,901
Ending Balance - June 30, 2024 $8,609,937

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13 D. Fees Collected and Interest Earned: The total of the fees collected, and interest earned on the fund during the period from July 1, 2023 through June 30, 2024 was:

Fees Collected: $1,979,324
Interest Earned: $ 392,809

E. Public Improvements Being Funded with Fees, Amounts Expended this Fiscal Year, and Total Percentage of Cost of Improvement Funded with Fees: Fee proceeds were expended on 24 public improvement projects and active transportation improvement programs during the period from July 1, 2023 through June 30, 2024, as noted in the charts below. A net expenditure in the amount of $2,148,096 was expensed to this fund during this fiscal year.

The projects, the cost per project, and the percentage of costs paid by fees are included in the chart below, including information on fully funded projects and their projected construction commencement dates (see also Section F for construction schedule information):

Traffic Impact Fees
through June 30, 2024
Project Name
Amount of
Impact Fee
Expensed in
FY 23/24
Amount of Fee
Proceeds in
Project
Total Project
Cost
%
of Project Funded from
Fee: Amount of Fee
Proceeds / Total
Project Cost Funded
Projected
Construction
Date
Citywide Traffic Improvement
Program (Various Locations) $ 332,426 $ 3,955,429 $ 4,984,177 79% Ongoing
Program (See
Notes Below)
Washington Railroad Grade
Separation $ 2,844 $ 180,000 $ 1,557,558 12% Project
completed in
2010; Ongoing
work for
HazMat
monitoring
Osgood/South Grimmer to
Washington $ - $ 3,731,086 $ 8,394,994 44% Project
completed in
2012; Ongoing
work to
closeout
property and
utility issues.

CIP Preparation $ - $ 346,000 $ 3,038,880 11% N/A
(Administrative)
Development Impact Fee
Program $ 214,597 $ 1,147,368 $ 4,685,087 24% N/A
(Administrative)
Kato Road Widening at
Warren $ 382 $ 500,000 $ 866,325 58% TBD
(pending full
construction
funding plan)
Fremont Improvements South
of Cushing $ - $ 3,975,873 $ 4,370,746 91% Project
completed in
2016
Mowry/State Intersection
Improvements $ - $ 521,146 $ 1,204,146 43% TBD
(pending full
construction
funding plan)
Warm Springs Bridge
Development Project $ 483 $ 3,649,638 $ 35,010,167 10% Project
completed in
March 2024
Bikeway Improvement
Program $ $ 1,383,234 $ 5,065,814 27%
Ongoing
Program (see
notes below)

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14 Bike/Ped Bridge over I-880
Project $ 224,708 $ 1,600,000 $ 7,675,035 21% TBD (pending
full construction
funding plan)
Fremont Boulevard Safe &
Smart Corridor Project $ (7,373) $ 2,762,195 $ 12,550,695 22% Project
completed in
December
2023
Traffic Signal Installation at
Mission/Sullivan Intersection $ 23,910 $ 950,000 $ 1,150,000 83% See Section F Traffic Signal Upgrade &
Modernization Program $ 100,568 $ 2,173,825 $ 3,117,200 70% Ongoing
Program (see
notes below)
Grimmer Blvd Greenway Trail
Project (Fremont to Paseo
Padre Parkway) $ 49,861 $ 2,700,000 $ 5,700,000 47% TBD (pending
full construction
funding plan)
Pedestrian Improvements
Program $ 12,285 $ 385,326 $ 2,169,648 18% Ongoing
Program (see
notes below)
Complete Streets Upgrade of
SR84 $ 159,306 $ 910,176 $ 15,410,176 6% See Section F State Route 262 Cross
Connector $ 20,252 $ 100,000 $ 200,000 50% N/A (project
planning work
only)
Sabercat Trail Extension
Project $ 63,460 $ 657,000 $ 6,568,000 10% TBD (pending
full construction
funding plan)
I-880 Bike & Ped Trail-Christy
- South Grimmer $ 132 $ 235,000 $ 2,459,000 10% N/A (project
planning work
only)
I-880/Decoto Rd Interchange
Modernization $ 17,403 $ 75,000 $ 3,200,000 2% TBD (pending
full design and
construction
funding
Decoto Road Complete
Streets & Transit Priority $ 29,304 $ 898,233 $ 2,184,233 41% TBD (pending
full construction
funding plan)
Dumbarton Bridge to Quarry
Lakes Trail $ 19,917 $ 300,000 $ 2,600,000 12% TBD (pending
full construction
funding plan)
Walnut Ave/Liberty Protected
Intersection $ 455,455 $ 968,149 $ 2,267,865 43% Project
completed in
May 2024
Regional Projects Funding
Match $ 112,093 $ 112,093 $ 997,542 11% Ongoing
Program (see
notes below)
Traffic Signal Modernization
Fremont/Walnut $ 229,229 $ 315,000 $ 2,660,888 12% Project
complete in
October 2024
Bike & Pedestrian Planning
Studies $ 54,942 $ 100,000 $ 500,000 20% Ongoing
Program (see
notes below)
Centerville Railroad Safety
Enhancement Corridor $ 13,576 $ 174,669 $ 880,525 20% TBD (pending
full construction
funding plan)
Fremont/Grimmer/Eugene
Protected Intersection $ - $ 95,903 $ 3,696,843 3% Project
completed in
August 2024
Fremont/Walnut Bikeway
Project $ 18,336 $ 100,000 $ 1,572,000 6% See Section F $ 2,148,096

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15 Planning or Program Activities Information during FY 2023/24 is provided below:

Name of Program
or Planning
Activity
Notes
Citywide Traffic
Improvements
(PWC7953)

1) Installation of enhanced traffic signal equipment, including new signal controllers, video detection cameras, CCTV traffic monitoring cameras, and touchless pedestrian push buttons. (Citywide)
2) On-going monitoring, adjustment, and performance measure of traffic signal coordination timing along Paseo Padre Parkway, Fremont Boulevard, Stevenson Boulevard, Mowry Avenue, and Warm Springs Boulevard.

Development Impact
Fee Program
(Administration)
(PWC8315)
General administration of the City’s Traffic Impact Fee Program.

Bikeway &
Pedestrian Program
(Program
Administration and
Design) (PWC8875)

1) Design of bikeway improvements on Cushing Parkway, Deep Creek Road, Christy Street, and Fremont Boulevard, and on residential collectors roadways such as Davis Street, Maple Street, and Darwin Drive. Replaced existing damaged K71 bollards and other bike lane separation devices along various arterial roadways including Paseo Padre Parkway, Stevenson Boulevard, Fremont Boulevard, and Driscoll Avenue.
2) Designed parking protected bikeway along Civic Center Drive and bi- directional cycle track along Country Drive near Washington High School. 3) Development and public outreach activities to support the development of a new Citywide Active Transportation Plan (ATP).

Traffic Signals:

Upgrades &
Modernization
Program (PWC8931)
1) Completed setup and adjustment of newly installed smart signal equipment along Fremont Boulevard.
2) Completed preliminary design of a new Traffic Management Center at the City Development Services Center office.
3) Completed design of new fiber redundancy ring utilizing Caltrans fiber network along I-880 corridor to support the City’s Fiber Master Plan implementation.

Pedestrian
Improvement
Program
(PWC8944)
1) Design of the 2024 Pedestrian Crossing Enhancement Project and providing local matching funds for the secured Highway Safety Improvement Program (HSIP) grant for the project. The project will implement enhanced pedestrian crossings with pedestrian actuated beacons at Fremont Boulevard/Clough Avenue, Fremont Boulevard/Papazian Way, Fremont Boulevard/Adams Avenue, Fremont Boulevard/Crestwood Street, Fremont Boulevard/Michael Avenue, Fremont Boulevard/Doane Street, Paseo Padre Parkway/Dorne Place, and Paseo Padre Parkway/Mento Drive intersections.

Regional Projects
Funding Match
Completed design and construction of fiber optic communications line along Cushing Boulevard to enhance communications between the City’s traffic signals in the area (per agreement with Pacific Commons South).

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16 F. Status of Fully Financed Projects that Remain Incomplete and Projected Construction Start Date (as of June 30, 2024): Sufficient funds have been collected to complete financing on 4 outstanding projects. These projects and the anticipated construction commencement dates are listed below:

Project Name Anticipated Construction
Start Date
Mission / Sullivan Traffic Signal (PWC8930) Fall 2025
2024 Pedestrian Crossing Enhancement Project (PWC9078)
(Pedestrian Improvements Program)
Spring 2025
Centerville Complete Street Project (PWC8946) (Complete Streets Upgrade of SR84)
Spring 2025
Walnut Avenue Bikeway Project – Phase 2 (PWC9100-A)
(Fremont/Walnut Bikeway Project)
Fall 2025

• Mission / Sullivan Traffic Signal – Additional time has been required to obtain timely plan reviews and permits from Caltrans related to project features located along Mission Boulevard (State Route 238). Anticipated construction start date is now Fall 2025. • 2024 Pedestrian Crossing Enhancement Project – Project scope has been expanded from 6 to 8 locations and has received partial funding from a federal grant. Expanded project scope allows for more cost-efficient project delivery but requires additional time for overall plan preparation.

Anticipated construction start date is now Spring 2025. • Centerville Complete Streets Project – Due to higher-than-expected inflationary increase in construction costs, additional time has been required to secure supplemental project funding.

Anticipated construction start date is now Spring 2025.

G. Interfund Activities: There were no interfund loans or transfers during the period from July 1, 2023 through June 30, 2024.

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17 Fire Facilities Fee

Annual Information

A. Brief Description of the Fee: The fire facilities fee is assessed on new residential, commercial, and industrial development to pay for its proportionate share of land and construction costs for fire stations and the acquisition cost of fire apparatus and equipment that will be needed to provide adequate fire protection and emergency services for new development.

For further information on the fee calculation methodology, see Fire Facilities Impact Fee Technical Report, May 17, 2021, and the Comprehensive Development Impact Fee Background Report, May 17, 2021, prepared by Willdan Financial Services, report available:
https://www.fremont.gov/government/departments/community-development/planning- building-permit-services/fees

B. Fee Rate: The rate of the fee effective July 1, 2023, is set forth below:

Land Use
Fire
Facilities
0 bedrooms (studios) $310
1 bedroom $421
2 bedrooms $624
3 bedrooms $799
4 bedrooms $936
>4 per bedroom $185
Office (KSF) $765
Retail/Service (KSF) $455
Warehouse (KSF) $457
Light Industrial (KSF) $256
Manufacturing (KSF) $466
Research & Development (KSF) $591
Business Park (KSF) See Note 5
Convalescent Home/Nursing Home (KSF) $256
Assisted Living/Congregate Care Facility (KSF) $256
Hospital (KSF) $256
Religious Facility (KSF) $660
Schools, all (K-12) (KSF) $660
School, Vocation/Trade/Collegian (KSF) $660
Hotel/Motel (Room) $145

Note 5. For uses paying the Traffic fee as a Business Park, the most applicable Capital Facilities and Fire Facilities fees would also apply (e.g., office, manufacturing).

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18 C. Fund Balance: The balance of the fire facilities fee fund as of the following date was:

Beginning Balance - July 1, 2023 $ 986,256
Ending Balance - June 30, 2024 $1,176,626

D. Fees Collected and Interest Earned: The total of the fees collected, and interest earned on the fund during the period from July 1, 2023 through June 30, 2024, was:

Fees Collected: $398,329
Interest Earned: $ 48,457

E. Public Improvements Being Funded with Fees, Amounts Expended this Fiscal Year, and Total Percentage of Cost of Improvement Funded with Fees: During fiscal year July 1, 2023 through June 30, 2024, $41 of fire facilities fees were used to support the administrative costs associated with the Impact Fee program and $256,375 of fire facilities fees were used to purchase fire equipment.

F. Status of Fully Financed Projects that Remain Incomplete and Projected Construction Start Date (as of June 30, 2024): Sufficient funds have not been collected to complete financing on an incomplete public improvement that was identified at the time the fee was imposed and which remains incomplete at this time.

G. Interfund Activities: There were no interfund loans or transfers during the period from July 1, 2023 through June 30, 2024.

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19 Capital Facilities Fee

Annual Information

A. Brief Description of the Fee: The purpose of the capital facilities impact fee is to fund the capital facilities needed to serve new development, including city administration, police, animal shelter, and library facilities.

For information on the fee calculation methodology and a list of planned facilities, see Table A.3 of the Capital Facilities Fee Technical Report, May 17, 2021, also background information is provided in the Comprehensive Development Impact Fee Background Report, May 17, 2021, both reports prepared by Willdan Financial Services, report available:
https://www.fremont.gov/government/departments/community-development/planning- building-permit-services/fee

B. Fee Rate: The rate of the fee effective July 1, 2023, is set forth below:

Land Use
Capital
Facilities
0 bedrooms (studios) $1,655
1 bedroom $2,238
2 bedrooms $3,324
3 bedrooms $4,255
4 bedrooms $4,993
>4 per bedroom $ 988
Office (KSF) $1,291
Retail/Service (KSF) $ 767
Warehouse (KSF) $ 552
Light Industrial (KSF) $ 432
Manufacturing (KSF) $ 785
Research & Development (KSF) $ 996
Business Park (KSF) See Note 5
Convalescent Home/Nursing Home (KSF) $ 432
Assisted Living/Congregate Care Facility (KSF) $ 432
Hospital (KSF) $ 432
Religious Facility (KSF) $1,113
Schools, all (K-12) (KSF) $1,113
School, Vocation/Trade/Collegian (KSF) $1,113
Hotel/Motel (Room) $ 245

Note 5. For uses paying the Traffic fee as a Business Park, the most applicable Capital Facilities and Fire Facilities fees would also apply (e.g., office, manufacturing).

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20 C. Fund Balance: The balance of the capital facilities fee fund as of the following date was:

Beginning Balance - July 1, 2023 $1,620,213
Ending Balance - June 30, 2024 $1,121,714

D. Fees Collected and Interest Earned : The total of the fees collected, and interest earned on the fund during the period from July 1, 2023 through June 30, 2024 was:

Fees Collected: $1,896,692
Interest Earned: $ 77,627

E. Public Improvements Being Funded with Fees, Amounts Expended this Fiscal Year, and Total Percentage of Cost of Improvement Funded with Fees: During fiscal year July 1, 2023 through June 30, 2024, $1,472,563 of capital facilities impact fees were used to pay a portion of the acquisition costs for the Age Well Center at South Fremont, and $255 was used to support the administrative costs associated with the Impact Fee program.

F. Status of Fully Financed Projects that Remain Incomplete and Projected Construction Start Date (as of June 30, 2024): Under the terms of the development agreement for the Warm Springs Age Well Center, the City shall reimburse the developer for the unpaid balance of the construction cost by making annual payments from capital facilities fees collected during the year after transferring up to $1 million to the general fund to pay debt service on outstanding bonds. As of June 30, 2024, the unpaid balance totaled $9,298,640. The amount shown as FY 2023/24 expenditures includes both the current year reimbursement of $896,692 and the prior-year reimbursement of $575,871.

G. Interfund Activities: During the period from July 1, 2023 through June 30, 2024, there were no interfund loans, but $1,000,000 was transferred to the general fund to pay a portion of the debt service on the City’s 2019 Lease Revenue Bonds.

This debt issue funded the following facilities, which were designed to accommodate future development: city hall, police administration center, police detention facility, maintenance center, development services center, family resource center, and animal shelter.

The amount of debt service funded by the interfund transfer did not exceed the proportion of project cost (principal and interest) that is allocable to new/future development.

Name of Project
Amount of
Impact Fee
Expensed in
FY 23/24
Amount of
Fee Proceeds
in Project
Total Project
Cost
%
of Project Funded from Fee:

Amount of Fee Proceeds /
Total Project Cost Funded
Debt and Lease Payments 1,000,000$ 22,951,798$
Development Impact Fee Review 255$ 440,489$ 4,685,087$ 9% Age Well Center Building Acquisition & Furniture/Fixtures 1,472,563$ 3,380,854$ 3,380,854$ 100% 2,472,818$
Capital Facility Impact Fees
through June 30, 2024

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21 Comprehensive List Development Impact Fees Effective July 1, 2023

This chart is provided to present the comprehensive listing of fees established for all fee categories, effective July 1, 2023.

Land Use
Capital
Facilities
Fire
Facilities Traffic Parkland
Park
Facilities
0 bedrooms (studios) $1,655 $310 $2,886 $5,888 $6,999
1 bedroom $2,238 $421 $2,886 $9,123 $10,497
2 bedrooms $3,324 $624 $3,224 $12,545 $14,697
3 bedrooms $4,255 $799 $3,224 $15,362 $18,197
4 bedrooms $4,993 $936 $4,909 $19,201 $22,395
>4 per bedroom $988 $185
See
Note 4 $3,539 $4,199
Office (KSF) $1,291 $765 $7,170 - - Retail/Service (KSF) $767 $455 $9,817 - - Warehouse (KSF) $552 $457 $4,245 - - Light Industrial (KSF) $432 $256 $5,197 - - Manufacturing (KSF) $785 $466 $3,609 - - Research & Development
(KSF)
$996 $591 $5,149
- -
Business Park (KSF)
See Note
5 See Note
5 $6,064 - -
Convalescent
Home/Nursing Home
(KSF)
$432 $256 $4,860
- -
Assisted
Living/Congregate Care
Facility (KSF)
$432 $256 $963
- -
Hospital (KSF) $432 $256 $5,530 - - Religious Facility (KSF) $1,113 $660 $4,525 - - Schools, all (K-12) (KSF)
$1,113 $660 $10,20
2 - -
School,
Vocation/Trade/Collegian
(KSF)
$1,113 $660 $12,70
4 - -
Hotel/Motel (Room) $245 $145 $2,936 - - Other Use Not Listed Determined based on similar use

Notes:
“-” = No applicable fee
“KSF” = thousand square feet

1. Definitions application to land use categories from the Comprehensive Development Impact Fee Update Background Technical Report shall be used in applying the fees above and are attached for convenience.

2. Residential uses pay all five fees listed above.

3. Non-residential uses pay three fees, being: Capital Facilities; Fire Facilities; and Traffic fees.

4. Under the Traffic fee, residential units with more than four bedrooms pay the fee applicable to a 4-bedroom unit.

5. For uses paying the Traffic fee as a Business Park, the most applicable Capital Facilities and Fire Facilities fees would also apply (e.g., office, manufacturing).

6. Any qualifying project with deed-restricted affordable housing units shall pay Traffic, Parkland, and Park Facilities fees at a rate that is 50% of the rate shown above. Capital and Fire Facilities fees shall be paid at the full rate shown above.

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Attachment: Development Impact Fee Annual Report for Period Ending June 30, 2024 (5318 : DEVELOPMENT IMPACT FEE ANNUAL REPORT) Exhibit A Resolution 2024-XX Page 1 of 2 Exhibit A to Resolution 2024-XX
City of Fremont Development Impact Fees, Effective July 1, 2025 Amend Master Fee Schedule Section II.I, Development Impact Fees, Effective July 1, 2025, as follows:
(Proposed amendments are shown in red text)
Land Use
Capital
Facilities
Fire
Facilities Traffic Parkland
Park
Facilities
0 bedrooms
(studios) $1,655 $1,622 $310 $304 $2,886 $2,830 $5,888 $5,773 $6,999 $6,862 1 bedroom $2,238 $2,194 $421 $412 $2,886 $2,830 $9,123 $8,945 $10,497 $10,292 2 bedrooms $3,324 $3,259 $624 $612 $3,224 $3,161 $12,545 $12,300 $14,697 $14,410 3 bedrooms $4,255 $4,172 $799 $783 $3,224 $3,161 $15,362 $15,062 $18,197 $17,841 4 bedrooms $4,993 $4,895 $936 $918 $4,909 $4,813 $19,201 $18,826 $22,395 $21,957 >4 per bedroom $988 $968 $185 $182 See Note 4 $3,539 $3,470 $4,199 $4,117 Office (KSF) $1,291 $1,266 $765 $750 $7,170 $7,030 --- --- Retail/Service
(KSF) $767 $752 $ 455 $446 $9,817 $9,625 --- ---
Warehouse (KSF) $552 $542 $457 $448 $4,245 $4,162 --- --- Light Industrial
(KSF) $432 $423 $256 $251 $5,197 $5,095 --- ---
Manufacturing
(KSF) $785 $770 $466 $457 $3,609 $3,538 --- ---
Research &
Development
(KSF) $996 $976 $591 $579 $5,149 $5,048 --- ---
Business Park
(KSF) See Note 5 See Note 5 $6,064 $5,945 --- ---
Convalescent
Home/Nursing
Home (KSF) $432 $423 $256 $251 $4,860 $4,765 --- ---
Assisted
Living/Congregate
Care Facility
(KSF) $432 $423 $256 $251 $963 $944 --- ---
Hospital (KSF) $432 $423 $256 $251 $5,530 $5,422 --- --- Religious Facility
(KSF) $1,113 $1,091 $660 $647 $4,525 $4,436 --- ---
Schools, all (K-12)
(KSF) $1,113 $1,091 $660 $647 $10,202 $10,002 --- ---
School,
Vocation/Trade/
Collegian (KSF) $1,113 $1,091 $660 $647 $12,704 $12,455 --- --- Hotel/Motel
(Room) $245 $241 $145 $143 $2,936 $2,879 --- ---
Other Use Not
Listed Determined based on similar use

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Attachment: Exhibit A to Draft Resolution Development Impact Fee (5318 : DEVELOPMENT IMPACT FEE ANNUAL REPORT) Exhibit A Resolution 2024-XX Page 2 of 2 Notes:
“---“ = No applicable fee
“KSF” = thousand square feet

1. Definitions application to land use categories from the Comprehensive Development Impact Fee Update Background Technical Report shall be used in applying the fees above.

2. Residential uses pay all five fees listed above.

3. Non-residential uses pay three fees, being: Capital Facilities; Fire Facilities; and Traffic fees.

4. Under the Traffic fee, residential units with more than four bedrooms pay the fee applicable to a 4-bedroom unit.

5. For uses paying the Traffic fee as a Business Park, the most applicable Capital Facilities and Fire Facilities fees would also apply (e.g., office, manufacturing).

6. Any qualifying project with deed-restricted affordable housing units shall pay Traffic, Parkland, and Park Facilities Fee, at a rate that is 50% of the rate showing above. Capital Facilities and Fire Facilities Fees shall be paid at the full rate shown above.

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Attachment: Exhibit A to Draft Resolution Development Impact Fee (5318 : DEVELOPMENT IMPACT FEE ANNUAL REPORT) Fremont City Council Meeting: 12/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Manager's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5308) DOC ID: 5308
Updated: 12/13/2024 8:47 AM by Dina Lewis Page 1
CITYWIDE CAMPING BAN ON PUBLIC PROPERTY ORDINANCE - Introduce an Ordinance Adding Chapter 8.90 to the Fremont Municipal Code Banning Camping on Public Property and find that the adoption of the ordinance is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15304, 15307, 15308, 15061, and 15183.

Contact Persons:

Name: Allen DeMers Sean Washington
Title: Deputy City Manager Police Chief
Div/Dept: City Manager's Office Police Department
Phone: 510-494-4651 510-790-6969
E-Mail: [email protected] [email protected]

Executive Summary: This staff report presents changes to the Fremont Municipal Code intended to implement a general camping ban in the City of Fremont. The draft language would ban camping and storage of personal belongings on public land and on private land without the consent of the property owner. The new municipal code language would provide City staff with additional authority to disband individual encampments.

BACKGROUND: On April 2, 2024, the City Council directed staff to prioritize large vehicle parking enforcement near schools (where Safe Routes to Schools have been established) in an effort to reduce or eliminate negative impacts generated in part by vehicle encampments in such areas. Staff have since implemented those restrictions in Safe Route corridors near Hirsch Elementary and Horner Middle schools.

On May 21, 2024, the Fremont City Council adopted the City’s first Homelessness Response Plan (HRP) which guides the development of policies, investments, and actions over the next five years to address homelessness in Fremont. The plan focuses on investing in prevention programs and scaling up housing resources to address the root causes of homelessness and reduce the number of people experiencing homelessness. The HRP acknowledges that enforcement, in and of itself, does not resolve individual instances of homelessness. Mitigation strategies in the HRP include a commitment to refining encampment response, inclusive of pairing service options with any additional regulations .

The U.S. Supreme Court ruling in the City of Grants Pass case, issued on June 28, 2024, centered around a local jurisdiction’s ability to enforce a ban on public camping when sufficient shelter for unhoused individuals is not available. The ruling reversed a Ninth Circuit decision that prohibited local restrictions on public camping as unconstitutional cruel and unusual punishment under the Eighth Amendment, unless the person was provided access to adequate temporary shelter. This ruling allows local jurisdictions greater latitude to enforce anti-camping rules even when alternative shelter is not offered to the unhoused individual.

On July 25, 2024, the State of California’s Governor issued an executive order to State agencies regarding encampment removal that, while not directive or binding to local agencies, provides further guidance and models for assessing where and when encampment

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intervention should be prioritized and implemented. The executive order’s guidance is extremely high level, but generally encourages a high level of intervention across the State of California in high priority areas.

On November 12, 2024, the City Council adopted language revising two parking regulation codes intended to make enforcement of existing rules prohibiting long term street parking more effective and to prohibit the parking of large vehicles in residential areas under most circumstances. The new parking enforcement rules will go into effect in mid-December 2024.

DISCUSSION/ANALYSIS: This staff report presents municipal code language responsive to the City Council’s request to consider a general camping ban in the City of Fremont.

The City of Fremont currently prohibits camping on certain types of City-owned properties, such as in City parks. The proposed ordinance is attached to this staff report in its entirety.

The most significant elements of the proposed code amendments are summarized as follows:
• Prohibits camping and storage of personal property on public land, including any street, sidewalk, City building, park, open space, waterway, or banks of a waterway. • Creates explicit enforcement authority for abatement of personal property left on public property for 24 hours.

Staff will seek voluntary compliance with the new code sections in a manner consistent with our approach to similar related violations (such as in the case of violations of camping ordinances now in place in City of Fremont Parks). Violations of this code that cannot be resolved via warning and voluntary compliance would be treated as a misdemeanor.

Immediate Prioritization and Service Delivery
In the absence of sufficient resources to address all known encampments and public complaints, staff will seek to prioritize enforcement at locations that most substantially violate the City of Fremont’s encampment condition guidelines. This is the same strategy that staff will employ to implement recently approved municipal code revisions regarding parking enforcement in which demand for enforcement will exceed capacity in the immediate future.

If the Council determines that it will move forward with an anti-camping ordinance, staff would seek to reallocate and/or enhance associated services required to successfully implement the camping ban over time, including allocation of resources as described in the HRP intended to prevent and reduce homelessness. An initial review of potential expense s and unmet needs that would be generated by implementing a citywide camping ban indicates that the City would need to consider allocating in excess of one million dollars in ongoing funding to address:
• Law enforcement via the addition or reassignment of community service officers and police officers to respond to encampment complaints.
• Waste management via the allocation of funding to supplement existing waste mitigation and encampment clean-up activities.

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• Outreach and engagement services in the form of additional Human Services staff and non-sworn MET Team funding (as recommended by the City’s Homelessness Response Plan).

Coordination with City of Fremont Homelessness Response Plan Subject matter experts advise that enforcement activity (such as a camping ban) will not in and of itself reduce the overall number of homeless people in the City of Fremont.

Encampments that are disbanded without an offer of alternative shelter will likely cause unhoused individuals to relocate nearby, potentially resolving concerns in one area of the City while generating new concerns at the relocation destination.

The City of Fremont’s Homelessness Response Plan details the inverse relationship between costs associated with homelessness resolution and prevention and those associated with mitigation. The adoption of a camping ordinance would provide the City’s enforcement staff with additional authority to respond to specific encampment complaints but is not expected to reduce overall homelessness in the City of Fremont without corresponding investment as outlined within the City Council’s adopted Homelessness Response five-year plan.

Encampment interventions that are accompanied by an offer of alternative shelter will be more effective and will lead to better community outcomes than encampment interventions that are not accompanied by the offer of alternative shelter.

FISCAL IMPACT: There is no immediate corresponding cost to this municipal code revision.

Intermediate and long-term expenses required to enhance encampment enforcement as described by this staff report will be considered in association with the conventional budgeting process and, as with costs associated with the Homelessness Response Plan, will be likely be implemented over the course of several fiscal years.

ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA), without limitation, each on a separate and independent basis, pursuant to the following sections of Title 14 of the California Code of Regulations and no further environmental review is required: (1) the California Environmental Quality Act ( CEQA) Guidelines Section 15061(b)(3), in that the ordinance does not have the potential to cause a significant effect on the environment, and is not subject to CEQA review; (2) CEQA Guidelines 15183, Projects Consistent with a Community Plan or Zoning, as the ordinance is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15163, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred; (3) CEQA Guidelines Sections 15304 as this ordinance is an action by the City that may result in a minor alteration to land, water, and/or vegetation; and (4) CEQA Guidelines Sections 15307 and 15308 as this ordinance is an action by the City for the protection of birds and other wildlife and the environment in City public lands, parks and waterways.

ATTACHMENTS:
• 2024.12.17 - Draft Ordinance, Camping Prohibition (Final)

RECOMMENDATIONS:

1. Waive the first reading and introduce the attached ordinance adding Chapter 8.90 to the Fremont Municipal Code.

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2. Direct the City Attorney to draft an ordinance summary and the City Clerk to post and publish the ordinance summary in accordance with Government Code Section 36933(c)(1).

3. Find that adoption of the ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3). Find that the project is exempt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, per Section 15304 as this ordinance is an action by the City that may result in a minor alteration to land, water, and/or vegetation; Section 15307 and 15308 as this ordinance is an action by the City for the protection of birds and other wildlife and the environment in City parks and waterways; and Section 15183, as the ordinance is consistent with the land use envisioned for the site as established by the General Plan, each as a separate and independent basis for CEQA compliance.

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Fremont City CouncilDecember 17, 2024

Fremont City Council
December 17, 2024