Agenda packet, regular meeting — Fremont City Council, November 18, 2025

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Raj Salwan, Mayor
Teresa Keng, Vice Mayor
Desrie Campbell, District 2
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
Joel Pullen, Community Development Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Fremont City Council Agenda and
Report
November 18, 2025

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 - November 18, 2025

November 18, 2025 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 November 18, 2025, City Council meeting online via Zoom https://us06web.zoom.us/j/84653339802 Webinar ID: 846 5333 9802

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] before 1:00 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.

November 18, 2025 Fremont City Council Page 3

REVISED
Agenda
Fremont City Council Regular Meeting
November 18, 2025
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:

Hilton Salt Lake City Center
255 S W Temple St.

Salt Lake City, UT 84101

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 - for the Special and Regular Meetings of October 14, 2025, the Regular Meeting of October 21, 2025, and the Regular Meeting of November 4, 2025
Contact Persons:

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

RECOMMENDATION: Approve minutes.

November 18, 2025 Fremont City Council Page 4
C. SELECTION OF THE VICE MAYOR - Selection of the Vice Mayor for the Period Covering November 2025 through July 2026
Contact Persons:

Name: Susan Gauthier Allen DeMers
Title: City Clerk Deputy City Manager
Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-494-4651
E-Mail: [email protected] [email protected]

RECOMMENDATION: By motion, appoint Councilmember Zhang as the Vice Mayor for the period covering November 2025 through July 2026.

D. PEDESTRIAN CROSSING ENHANCEMENT PROJECT - Approval of Plans and Specifications and Award of Construction Contract to Sposeto Engineering Inc. in the Amount of $2,016,139 (including 10% Contingency) for the 2024 Pedestrian Crossing Enhancement Project (PWC 9078); Appropriation Actions; and Make Findings of CEQA Exemption
Contact Persons:

Name: Anthony Villanueva Hans Larsen
Title: Transportation Engineer I Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4778 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the 2024 Pedestrian Crossing Enhancement Project (PWC9078):

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, Sposeto Engineering Inc., in the amount of $1,832,854.20, allocate a 10% contingency in the amount of $183,285 for a total construction contract amount of $2,016,139, and authorize the City Manager, or designee, to execute the contract.

3. Receive and appropriate $1,468,440 in HSIP grant funds to PWC9078-525.

4. Reallocate $275,000 from PWC7953-531 to PWC9078-531.

5. Reallocate $18,640.76 from PWC8541-519 to PWC9078-519.

6. Reallocate $1,250 from PWC8884-519 to PWC9078-519.

7. Reallocate $127,000 from PWC8944-520 to PWC9078-520.

8. 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. AMEND CIVIL PENALTIES SCHEDULE - Adopt a Resolution Amending the Civil Penalties Schedule to Increase the Fine for Illegal Dumping Contact Persons:

Name: Jamie Cooley Kathleen Cote-Guarnieri
Title: Environmental Specialist II Environmental Services Manager Dept: Community Development Environmental Services
Phone: (510) 494-4573 510-494-4583
E-Mail: [email protected] [email protected]

November 18, 2025 Fremont City Council Page 5
RECOMMENDATION: Adopt the draft resolution included with this report amending the Civil Penalties Schedule to increase fines for illegal dumping.

F. ELECTRONIC SIGNATURES SOLUTION RENEWAL - Authorize the City Manager, or her Designee, to Issue a Purchase Order and to Execute Implementing Documents with DocuSign, Inc., for the Electronic Signatures Software License Renewal.

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 designee, to issue a purchase order and to execute implementing documents with DocuSign, Inc., for the annual electronic signatures solution renewal, including software license, in an amount not-to-exceed $137,729.86.

G. LOAN SUBORDINATION AGREEMENTS – Authorize the City Manager, or designee, to execute Subordination Agreements related to the refinancing of Irvington Terrace Family Apartments, an affordable housing development
Contact Persons:

Name: Lucia Hughes Joel Pullen
Title: Housing Manager Community Development Director
Dept: Housing Community Development
Phone: 510-494-4506 510-494-4436
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approve loan subordination agreements related to the refinancing of Irvington Terrace Family Apartments and authorize the City Manager, or designee, to execute: (1) Subordination Agreement between Berkadia Commercial Mortgage, LLC and the City of Fremont, as successor agency to the Redevelopment Agency of the City of Fremont; and (2) Subordination Agreement between the City of Fremont, as successor agency to the Redevelopment Agency of the City of Fremont, Irvington Development Group, L P., BRIDGE Regional Partners, Inc., and the Department of Housing and Community Development, a public agency of the State of California.

H. CONCRETE REPAIRS AND INTERSECTION RAMPS PROJECT - Approval of the Plans and Specifications and Award of Contract to Cato’s General Engineering, Inc. in the Amount of $1,944,003.59 (Including 10% Contingency) for the 2026 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-J); Make Findings of CEQA Exemption.

Contact Persons:

Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]

November 18, 2025 Fremont City Council Page 6
RECOMMENDATION: Approval of the following actions related to the 2026 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-J):

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, Cato’s General Engineering, Inc. in the amount of $1,764,003.59; allocate a 10% construction contingency in the amount of $180,000.00 for a total construction contract amount of $1,944,003.59; and authorize the City Manager, or designee, to execute the contract.

3. Find this project is exempt from CEQA review pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.

I. CENTRAL TOWING AND TRANSPORT AGREEMENT AMENDMENT - Authorize the City Manager, or Her Designee, to execute an amendment to the agreement with Central Towing and Transport to Add $180,000 for a Total Not-to-Exceed Amount of $280,000 over five years.

Contact Persons:

Name: Diane Brasil Sean Washington
Title: Police Business Manager Police Chief
Dept: Police Department Police Department
Phone: 510-790-6816 510-790-6969
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or designee, to execute an amendment to the agreement with Central Towing and Transport to increase the agreement amount by an additional $180,000, for a total not to exceed amount of $280,000 over the five-year term.

J. FREMONT FIRE FIGHTERS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1689 (IAFF) MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Fire Fighters, International Association of Fire Fighters, Local 1689 (IAFF) Contact Persons:

Name: Tina Gallegos Brian Stott
Title: Human Resources Director Assistant City Manager
Dept: Human Resources City Manager's Office
Phone: 510-494-4652 510-494-4660
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution approving the tentative agreement reached with the Fremont Fire Fighters, International Association of Fire Fighters Local 1689 (IAFF) for a successor MOU and authorizing the City Manager to execute an MOU for the period of November 16, 2025, through June 30, 2026, between the City of Fremont and the IAFF.

November 18, 2025 Fremont City Council Page 7
K. FREMONT BATTALION CHIEFS, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1689 (IAFF-BC) MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Battalion Chiefs, International Association of Firefighters, Local 1689 (IAFF-BC)
Contact Persons:

RECOMMENDATION: Adopt a resolution approving the tentative agreement with the Fremont Battalion Chiefs, International Association of Firefighters (IAFF-BC), Local 1689 and authorizing the City Manager to execute a Memorandum of Understanding (MOU) for the period of November 16, 2025, through June 30, 2026, between the City of Fremont and IAFF-BC.

3. Ceremonial Items
A. Proclamation: Honoring Sikh Awareness Month, November 2025

4. Public Communications
A. Oral and Written Communications

INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items
A. 2025 CALIFORNIA BUILDING STANDARDS CODE ADOPTION - Public Hearing (Published Notice), Waive Second Reading and Adopt Ordinances Adopting by Reference and Amending the 2025 California Building Standards Code and Adopting by Reference Certain Appendix Chapter of the 2025 California Building Standards Code and Adopting by Reference and Amending the 2024 International Swimming Pool and Spa Code and the 2024 International Property Management Code, and Adoption of the Resolution Containing Supporting Findings and Determinations.

Contact Persons:

Name: Mike Wayne Joel Pullen
Title: Building Official Community Development Director Dept: Community Development Community Development
Phone: 510-494-4487 510-494-4436
E-Mail: [email protected] [email protected]

November 18, 2025 Fremont City Council Page 8
RECOMMENDATION:

1. Hold a public hearing.

2. Waive the second reading and adopt the attached ordinance adopting by refence and amending the 2025 California Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, Existing Building, Energy, and Historical Building, and the 2024 International Swimming Pool and Spa Code and the 2024 International Property Maintenance Code.

3. Adopt the attached resolution making findings that the amendments to the 2025 California Building Standards Code are reasonably necessary because of local conditions.

B. MORRISON CANYON ROAD STORM REPAIR PROJECT - Public Hearing (Published Notice) to Consider Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program Prepared and Circulated for the Morrison Canyon Road Storm Repair and Mitigation Project in Accordance with the Requirements of the California Environmental Quality Act; and Approval of the Project (PWC9105) Contact Persons:

Name: Mirabel Aguilar Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4761 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the Morrison Canyon Road Storm Repair and Mitigation Project:

1. Conduct the public hearing; and

2. Adopt a Resolution that:
a. finds that the Initial Study and Mitigated Negative Declaration have been completed in compliance with CEQA and reflect the independent judgment and analysis of the City Council regarding environmental effects of the Project;
b. finds that there is no substantial evidence that the Project as mitigated will have a significant effect on the environment; and c. approves the Project.

C. RENT REVIEW ORDINANCE ANNUAL REPORT AND ADMINISTRATION FEE ADOPTION – Public Hearing (Published Notice) to Review the Annual Report on the Rent Review Ordinance, Adopt the Administration Fee for FY 2025/26 and Increase Budget Appropriation
Contact Persons:

Name: Robert Lopez David Persselin
Title: CDBG Administrator Finance Director
Dept: Human Services Department Finance Department
Phone: 510-574-2043 510-494-4631
E-Mail: [email protected] [email protected]

RECOMMENDATIONS: Staff recommends that the City Council take the following actions:

1. Receive the Rent Review Ordinance Annual Report.

2. Hold a public hearing on the amended Rent Review Administration Fee.

3. Adopt a resolution to amend the Master Fee Schedule to modify the Rent Review Administration Fee to $23.00 per residential rental unit in FY 2025/26 to recover the costs of administering the Rent Review Program.

4. Appropriate an additional $16,906 in Fund 197.

November 18, 2025 Fremont City Council Page 9

6. Other Business - None.

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

B. Appointments to Boards, Commissions, Committees

1. MAYOR SALWAN REFERRAL: Appointments to Advisory Bodies Contact Persons:

Name: Raj Salwan
Title: Mayor
Dept: City Council
Phone: 510-284-4082
E-Mail: [email protected]

APPOINTMENTS:

Advisory Body Appointee Term Expires

George W. Patterson House Advisory Board Sunita Lodha 12/31/2029 Recreation Commission Representative

Youth Advisory Commission Jadon Li 12/31/2027

RECOMMENDATION: Approve appointments.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
November 18, 2025 Fremont City Council Page 10
November 18, 2025 Fremont City Council Page 11

ACRONYMS

ABAG Association of Bay Area Governments HARB Historical Architectural Review Board ACE Altamont Commuter Express HBA Home Builders Association ACFCD Alameda County Flood Control District HCD Housing and Community ACTC Alameda County Transportation
Commission

HRC
Development (State)
Human Relations Commission
HCD Housing and Community
ACWD Alameda County Water District ICMA

JPA
International City/County Management
Association
Joint Powers Authority
ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
LLMD Lighting and Landscaping Maintenance
District
LOCC League of California Cities
BCDC Bay Conservation & Development
Commission
LOS
MET
Level of Service
Mobile Evaluation Team
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
CALPERS California Public Employees’ Retirement
System
MTC Metropolitan Transportation
Commission
CBC California Building Code NRSRO Nationally Recognized Statistical Rating Organization
CDD Community Development Department NEPA National Environmental Policy Act CC & R’s Covenants, Conditions & Restrictions NLC National League of Cities CDBG
CEQA
Community Development Block Grant
California Environmental Quality Act
NPDES National Pollutant Discharge Elimination
System
CERT Community Emergency Response Team NPO Neighborhood Preservation Ordinance CIP Capital Improvement Program PC Planning Commission
CNG Compressed Natural Gas PD Planned District
COF City of Fremont PDA Priority Development Area
COPPS Community Oriented Policing and Public
Safety
PUC
PVAW
Public Utilities Commission
Private Vehicle Accessway
CSAC California State Association of Counties PWC Public Works Contract CTC California Transportation Commission RFP Request for Proposals dB Decibel RFQ Request for Qualifications
DEIR Draft Environmental Impact Report RHNA Regional Housing Needs Allocation DU/AC Dwelling Units per Acre ROP Regional Occupational Program EBCE East Bay Community Energy 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)
STIP State Transportation Improvement
Program
EIR Environmental Impact Report (CEQA) TCRDF Tri-Cities Recycling and Disposal Facility EIS Environmental Impact Statement TOD Transit Oriented Development

EVAW
(NEPA)
Emergency Vehicle Accessway
TS/MRF Transfer Station/Materials Recovery
Facility
FAR Floor Area Ratio UBC See CBC
FEMA Federal Emergency Management Agency VMT Vehicle Miles Travelled FFD Fremont Fire Department VTA Santa Clara Valley Transportation FMC Fremont Municipal Code Authority
FPD Fremont Police Department WMA Waste Management Authority FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment GIS Geographic Information System
GPA General Plan Amendment

November 18, 2025 Fremont City Council Page 12

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 November 18,2025 7:00 p.m. City Council Meeting Council Chambers Live
November 25, 2025 CANCELLED: CC/FUSD
Liaison Committee Meeting
December 2, 2025 7:00 p.m. City Council Meeting Council Chambers Live
December 9, 2025 7:00 p.m. City Council Meeting Council Chambers Live
December 16, 2025 7:00 p.m. City Council Meeting Council Chambers Live
December 23, 2025 No meetings
December 30, 2025 No meetings (5th Tuesday)
January 6, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
January 13, 2026 7:00 p.m. City Council Meeting Council Chambers Live
January 20, 2026 7:00 p.m. City Council Meeting Council Chambers Live
January 27, 2026 5:30 p.m. CC/FUSD Liaison
Committee Meeting
District
Hosts Live
February 3, 2026 7:00 p.m. City Council Meeting Council Chambers Live
February 10, 2026 7:00 p.m. City Council Meeting Council Chambers Live
February 17, 2026 7:00 p.m. City Council Meeting Council Chambers Live
February 24, 2026 No meetings
March 3, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
March 10, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
March 17, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
March 24, 2026 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
March 31, 2026 No meetings (5th Tuesday)

Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5575) DOC ID: 5575
Updated: 11/12/2025 5:03 AM by Dina Lewis Page 1
APPROVAL OF MINUTES - for the Special and Regular Meetings of October 14, 2025, the Regular Meeting of October 21, 2025, and the Regular Meeting of November 4, 2025
Contact Persons:

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

APPROVAL OF MINUTES - for the Special and Regular Meetings of October 14, 2025, the Regular Meeting of October 21, 2025, and the Regular Meeting of November 4, 2025.

ATTACHMENTS:
• Draft Minutes - October 14, 2025 Special Meeting
• Draft Minutes - October 14, 2025 Regular Meeting
• Draft Minutes - October 21, 2025 Regular Meeting
• Draft Minutes - November 4, 2025 Regular Meeting

RECOMMENDATION: Approve minutes.

2.B
Packet Pg. 13

Page 1 ends

MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
OCTOBER 14, 2025

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
5:45 P.M.

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

Roll Call: Present: Mayor Salwan, Vice Mayor Keng, Councilmembers: Campbell, Kimberlin, Shao, Zhang and Liu

Public Comment: None.

CONVENED TO A CLOSED SESSION at 5:46 p.m.

CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code Section 54957.6)

City Designated Representatives: Karena McGee Shackelford, City Manager; Rafael E. Alvarado Jr., City Attorney; Brian Stott, Assistant City Manager; Christina Briggs, Assistant City Manager; Allen DeMers, Deputy City Manager; David Persselin, Finance Director; Tina Gallegos, Human Resources Director; Elana Rivkin-Haas, Senior Deputy City Attorney; Charles Sakai, Designated Representative; and Allyson Hauck, Designated Representative

Organizations Representing Employees:

Teamsters Local 856
Fremont Police Association
Fremont Police Managers’ Association
IAFF Local 1689 Fremont Fire Fighters
IAFF Local 1689 Fremont Battalion Chiefs

The Special Meeting of the Fremont City Council adjourned at 6:40 p.m.

Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk RAJ SALWAN, Mayor

2.B.a
Packet Pg. 14
Attachment: Draft Minutes - October 14, 2025 Special Meeting (5575 : Approval of Minutes - 2025-10-14 - 2025-11-04)

*Consent Items

Page 1 ends

MINUTES

FREMONT CITY COUNCIL MEETING
OCTOBER 14, 2025

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY
A. Call to Order: Mayor Salwan called the meeting to order at 7:00 p.m.

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

C. Roll Call: Mayor Salwan, Vice Mayor Keng, Councilmembers: Campbell, Kimberlin, Shao, Zhang and Liu

D. Announcements by Mayor/City Manager/City Attorney
Mayor Salwan announced the Boards and Commissions vacancies.

City Manager Shackelford shared information regarding items of Council/community interest and introduced colleagues.

E. Report Out of Closed Session
City Attorney Alvarado reported that the Council conducted a conference in Closed Session this evening. The Council discussed Conference with Labor Negotiators pursuant to Government Code Section 54957.6. No reportable action was taken.

2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: None.
* B. Mayor Salwan opened consideration of Approval of Minutes – None. * C. Mayor Salwan opened consideration of approval of Multi-Year Purchase Orders with Ewing Irrigation in an Amount Not-to-Exceed $134,000 Annually, with Mission Irrigation in an Amount Not-to-Exceed $61,000 Annually, and with SiteOne Landscape Supply in an Amount Not-to-Exceed $36,000 Annually, for the Purchase of Irrigation and Landscape Supplies Through June 30, 2030
On a motion by Vice Mayor Keng, seconded by Councilmember Liu, the City Council authorized the City Manager, or designee, to execute purchase orders with Ewing Irrigation in an amount not-to-exceed $134,000 annually, with Mission Irrigation in an amount not-to- exceed $61,000 annually, and with SiteOne Landscape Supply in an amount not-to-exceed $36,000 annually, for the purchase of irrigation and landscape supplies, all through June 30, 2030.

2.B.b
Packet Pg. 15
Attachment: Draft Minutes - October 14, 2025 Regular Meeting (5575 : Approval of Minutes - 2025-10-14 - 2025-11-04)

*Consent Items

Page 2 ends

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* D. Mayor Salwan opened consideration of authorizing the City Manager, or Designee, to Execute the Second Amendment for Playground Maintenance and Safety Resurfacing at City locations with SpectraTurf, Inc.

On a motion by Vice Mayor Keng, seconded by Councilmember Liu, the City Council authorized the City Manager, or designee, to execute a second amendment to the Facilities Maintenance Agreement with SpectraTurf, Inc., adding $900,000 for ongoing playground maintenance and safety resurfacing at multiple City locations. This amendment increases the not-to-exceed amount to $2,071,229.80.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* E. Mayor Salwan opened consideration of authorization to Contract with Alameda County Health Care Services Agency for City to Provide Health Promotion Services On a motion by Vice Mayor Keng, seconded by Councilmember Liu, the City Council authorized the City Manager, or designee, to execute a contract with the Alameda County Health Services Agency for the City to receive funding in the amount of $216,528 for the period of July 1, 2025, through June 30, 2026, to continue the Health Promoter Project in partnership with the Afghan Elderly Association.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* F. Mayor Salwan opened consideration of authorizing the City Manager, or designee, to execute an agreement with Granicus, LLC, for the software support and maintenance of the GovAccess Content Management System, execute any implementing documents, and take any necessary implementing actions in an amount not-to-exceed $605,409.63 for a 5-year term
On a motion by Vice Mayor Keng, seconded by Councilmember Liu, the City Council:

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1. Authorized the City Manager, or designee, to enter into an Agreement with Granicus, LLC, in the amount of $605,409.63 for a 5-Year Term for the GovAccess Content Management System subscription renewal.

2. Authorized the City Manager, or designee, to execute any implementing documents and take any implementing actions as necessary.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* G. Mayor Salwan opened consideration of approval of Plans and Specifications; Award of Contract to Marina Mechanical Services in the amount of $251,045 (Including 15% Contingency) for the Development Center Boiler Replacement Project (PWC9016); Make Findings of CEQA Exemption
This item was removed from the Consent Calendar. Mayor Salwan opened the public comment period. The following person(s) commented: Abe Mazliach. There being no additional speakers, Mayor Salwan closed the public comment period. Public Works Director Hans Larsen responded to questions from Councilmembers.

On a motion by Councilmember Zhang, seconded by Vice Mayor Keng, the City Council approved the following actions related to the Development Center Boiler Replacement Project (PWC9016):

1. Approved Plans and Specifications.

2. Accepted the Bid and awarded the construction contract to the lowest responsive and responsible bidder, Marina Mechanical Services in the amount of $218,300 and allocated a 15% contingency in the amount of $23,745 for a total construction contract amount of $251,045 and authorized the City Manager, or designee, to execute the contract.

3. Found the project is exempt from the CEQA review pursuant to CEQA Guidelines Section 15301(d) pertaining to the replacement of existing facilities.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* H. Mayor Salwan opened consideration of adoption of a Resolution of Local Support Authorizing the Filing of a Project Funding Application for the 2026 State Transportation Improvement Program for the Decoto Road Complete Streets Project (PWC9025); and Make Findings of CEQA Exemption
This item was removed from the Consent Calendar. Mayor Salwan opened the public comment period. The following person(s) commented: John Hinds, Keith Parker, and Steve Skala. There

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being no additional speakers, Mayor Salwan closed the public comment period. Public Works Director Hans Larsen responded to questions from Councilmembers.

On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council approved the following actions related to the Decoto Road Complete Streets Project (PWC9025):

1. Adopted Resolution No. 2026-44 of Local Support for the filing of a project application for the Decoto Road Complete Streets Project for the 2026 STIP program.

2. Found that the actions are exempt from environmental review as a separate and independent base for CEQA compliance, under CEQA Guidelines, Section 15378 (administrative and funding activities are not a “project” under CEQA).

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* I. Mayor Salwan opened consideration of authorizing the City Manager, or Designee, to Execute Service Agreements with Motels for Temporary Use of Motel Rooms as Winter Relief Shelter, Enter into a Three-Year Service Agreement with the County of Alameda; and Make Findings of CEQA Exemption
On a motion by Vice Mayor Keng, seconded by Councilmember Liu, the City Council took the following actions related to the Winter Relief Program:

1. Authorized the City Manager, or designee, to execute a one-year Service Agreement with hotel partner C & L Wu, LLC (Mission Peak Lodge) in an amount not-to-exceed $135,000 for temporary use of hotel rooms;

2. Authorized the City Manager, or designee, to execute a three-year Service Agreement with hotel partner Fremont North, LLC (Motel 6 Fremont North) in an amount not-to-exceed $410,955 per fiscal year for temporary use of hotel rooms;

3. Authorized the City Manager, or designee, to execute a three-year Service Agreement with Alameda County for $726,652 to provide service, staff, and administrative costs for the Program; and

4. Found that the actions are exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Sections 15183 and/or 15061(b)(3).

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* J. Mayor Salwan opened consideration of authorizing the City Manager to Enter into an Amendment with Alameda County for Homeless Housing And Prevention Funds to

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Support the Housing Navigation Center and Other Services, Appropriate $510,943 in HHAP funding in Fund 179, and Make Findings of CEQA Exemption This item was removed from the Consent Calendar. Mayor Salwan opened the public comment period. The following person(s) commented: Keith Parker. There being no additional speakers, Mayor Salwan closed the public comment period. Public Works Director Hans Larsen responded to questions from Councilmembers.

On a motion by Councilmember Liu, seconded by Councilmember Kimberlin, the City Council:

1. Authorized the City Manager, or designee, to enter into an amendment with Alameda County to extend the current HHAP funding agreement and to add an additional $510,943 in HHAP Round 4, Part 2 funding, for a total agreement amount not-to-exceed $3,248,408 for eligible services, including interim housing such as the Housing Navigation Center, permanent housing, and affordable or supportive housing operating subsidies

2. Increased the revenue estimate and appropriate $510,943 in the OHCC-HNC HHAP account of Fund 179 FY 2025/26 adopted operating budget.

3. Found that the project is exempt from CEQA review as specified in this report.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

3. CEREMONIAL ITEMS
A. Proclamation: National Domestic Violence Month (October 2025) B. Proclamation: Hindu Heritage Month (October 2025)

4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

Mayor Salwan opened the public comment period. The following people commented: Vinod Chandrashekar, Krishnan Meiyyappan, Rajan Kukreja, May Wu, Christine Doan, Brandon Doan, Sameer Desai, Jhotsna Desai, Avi Nepal, Ryan Doan, Phillip Leung, Karen Pimentel, Joe Rose (NAMI Alameda County So), Anand Murthy Vipparthy (KSHT Temple Fremont), Linda Susoev, Rajesh Konangan Purambath (SEWA Diwali), Robin Chelliyil, Salim Mastan, Kate B. Amon (Fremont For Everyone), Shivashankar Galla (HHS (Hindu Svayam Sevah Sarph)), and Golden Shao (California Young Democrats). There being no additional speakers, Mayor Salwan closed the public comment period.

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5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS
A. Mayor Salwan opened consideration of receiving presentation and authorizing the City Manager to continue community engagement.

FM3 Research Consultant Curt Below shared a presentation and responded to questions from Councilmembers. Councilmembers provided comments. Mayor Salwan opened the Public Comment period. There were no speakers, Mayor Salwan closed the Public Comment period.

Mr. Below responded to questions from Councilmembers.

On a motion by Councilmember Kimberlin, seconded by Vice Mayor Keng, the City Council received the baseline survey results presentation and authorized the City Manager to continue additional community engagement to assess top funding priorities, including conducting a second survey in the summer of 2026.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals – None.

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

C. Legislative Actions – None.

D. Report on Committee Assignments
Councilmembers reported on their various meetings.

8. ADJOURNMENT: There being no further business, Mayor Salwan adjourned the meeting at 8:45 p.m.

Attest: Approved:

_____________________________ ___________________________ Susan Gauthier, City Clerk RAJ SALWAN, Mayor

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Attachment: Draft Minutes - October 14, 2025 Regular Meeting (5575 : Approval of Minutes - 2025-10-14 - 2025-11-04)

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MINUTES

FREMONT CITY COUNCIL MEETING
OCTOBER 21, 2025

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY
A. Call to Order: Mayor Salwan called the meeting to order at 7:00 p.m.

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

C. Roll Call: Mayor Salwan, Vice Mayor Keng, Councilmembers: Campbell, Kimberlin, Shao, Zhang and Liu

D. Announcements by Mayor/City Manager/City Attorney
Mayor Salwan announced the Boards and Commissions vacancies.

City Manager Shackelford shared information regarding items of Council/community interest and introduced colleagues.

E. Report Out of Closed Session (if applicable) – None.

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

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

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* B. Mayor Salwan opened consideration of Approval of Minutes for the Special Meeting of July 29, 2025, the Special Meeting of August 6, 2025, the Special Meeting of August 12, 2025, the Special Meeting of August 19, 2025, the Special and Regular Meetings of September 2, 2025, the Regular Meeting of September 9, 2025, and the Special and Regular Meetings of September 16, 2025.

On a motion by Councilmember Shao, seconded by Councilmember Kimberlin, the City Council approved minutes.

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Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* C. Mayor Salwan opened consideration of adopting a Resolution Summarily Vacating a Portion of an Emergency Vehicle Access Easement at 5567 Cushing Parkway in the Bayside Industrial Community Plan Area (PLN2025-00067) and Make Findings of CEQA Exemption.

This item was removed from the Consent Calendar. Mayor Salwan opened the public comment period. The following person commented: Joanne Schwab. There being no additional speakers, Mayor Salwan closed the public comment period.

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

1. Adopted Resolution No. 2025-45 to vacate a portion of the Emergency Vehicle Access Easement at 5567 Cushing Parkway on the grounds the easement is no longer needed.

2. Found the action is exempt from CEQA review per CEQA Guidelines Section 15305, as the vacation of easements is considered a minor alteration to land use limitations that does not result in any land use or density changes.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* D. Mayor Salwan opened consideration of authorizing the City Manager, or Designee, to execute an amendment to agreement with Flock Group Inc, dba Flock Safety Systems, for the installation of Flock ALPR Systems and subscription.

This item was removed from the Consent Calendar. Mayor Salwan opened the public comment period. The following person commented: Kelly Abreu. There being no additional speakers, Mayor Salwan closed the public comment period.

On a motion by Councilmember Liu, seconded by Councilmember Shao, the City Council authorized the City Manager, or designee, to enter into an amended agreement with Flock Safety System for the installation of 71 Flock ALPR systems and subscription for 80 Flock cameras.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

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3. CEREMONIAL ITEMS
A. Proclamation: National Disability Employment Awareness Month (October 2025) B. Proclamation: National Hispanic Heritage Month (September 15 – October 15, 2025)

Mayor Salwan opened the public comment period. The following people commented: Linda Dewlaney, Kelly Abreu, and Joanne Schwab. There being no additional speakers, Mayor Salwan closed the public comment period.

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS
A. Mayor Salwan opened consideration of a City Council Policy to Prioritize Municipal Affairs
City Attorney Alvarado shared a presentation and responded to questions from Councilmembers. Councilmembers provided comments. Mayor Salwan opened the Public Comment period. The following people commented: Joanne Schwab and Kelly Abreu.

There being no additional speakers, Mayor Salwan closed the Public Comment period.

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

1. Reviewed the draft resolution that would establish a City Council policy prioritizing municipal affairs, and

2. Adopted Resolution No. 2025-46 or provided further direction to City staff on any proposed modifications.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals – None.

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

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C. Legislative Actions – None.

D. Report on Committee Assignments – None.

8. ADJOURNMENT: There being no further business, Mayor Salwan adjourned the meeting at 7:37 p.m.

Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk RAJ SALWAN, Mayor

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MINUTES

FREMONT CITY COUNCIL MEETING
NOVEMBER 4, 2025

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Salwan called the meeting to order at 7:00 p.m.

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

C. Roll Call: Mayor Salwan, Vice Mayor Keng, Councilmembers: Campbell, Kimberlin, Shao, Zhang and Liu

D. Announcements by Mayor/City Manager/City Attorney
Mayor Salwan announced the Boards and Commissions vacancies.

City Manager Shackelford shared information regarding items of Council/community interest and introduced colleagues.

E. Report Out of Closed Session (if applicable) – None.

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

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

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

* B. Mayor Salwan opened consideration of Approval of Minutes – None. * C. Mayor Salwan opened consideration of approval of Agreements for On-Call Construction Materials Testing Consultant Services in the Amount of $1,250,000 per Agreement with Achievement Engineering Corporation, BSK Associates, and Geocon Consultants, Inc.; Make Findings of CEQA Exemption

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

1. Authorized the City Manager, or designee, to execute a Master Service Agreement for on-call construction materials testing and inspection consultant services with the following consultants:
a. Achievement Engineering Corporation with a total not-to-exceed compensation of $1,250,000 for five years.
b. BSK Associates with a total not-to-exceed compensation of $1,250,000 for five years.
c. Geocon Consultants, Inc., with a total not-to-exceed compensation of $1,250,000 for five years.

2. Found that the actions are exempt from environmental review, each as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment).

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

3. CEREMONIAL ITEMS
A. Proclamation: Lung Cancer Awareness Month (November 2025)

Mayor Salwan opened the public comment period. The following people commented: Phil Leung, Steve Skala (Tri-City Ecology Center), Kelly Abreu, and Salim Mastan. There being no additional speakers, Mayor Salwan closed the public comment period.

5. SCHEDULED ITEMS
A. Mayor Salwan opened consideration of Public Hearing (Published Notice) to Introduce an Ordinance Adopting by Reference, with amendments, the 2025 California Building Standards Codes, Adopting by Reference Certain Appendix Chapters of the 2025 California Building Standards Codes, and Adopting by Reference and Amending the 2024 International Swimming Pool and Spa Code and the 2024 International Property Management Code, and Adoption of the Resolution Containing Supporting Findings and Determinations.

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Community Development Director Joel Pullen and Building Official Mike Wayne were available for questions. Mayor Salwan opened the public hearing. There being no speakers, Mayor Salwan closed the public hearing.

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

1. Held public hearing.

2. Waived full reading and introduced ordinance and scheduled a public hearing for November 18, 2025, to adopt by reference, with amendments, the 2025 California Building, Electrical, Plumbing, Mechanical, Residential, Green Building, Energy, Historical Building, and Existing Buildings Codes, the 2024 International Property Maintenance Code, and the 2024 International Swimming Pool and Spa Code.

3. Directed the City Clerk to publish a notice of public hearing set for November 18, 2025, to consider adoption of the ordinance in accordance with Government Code Sections 6066 and 50022.3 and to publish a summary of the ordinance.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

B. Mayor Salwan opened consideration of Public Hearing (Published Notice) to Consider an Amendment to Master Fee Resolution 8672 (Master Fee Schedule) to Make Minor Adjustments to Building User Fees and Establish Affordable Housing Processing Fees and Making Findings of CEQA Exemption.

Community Development Director Joel Pullen, Housing Manager Lucia Hughes, and Business Manager Jennifer Craven responded to questions from Councilmembers. Mayor Salwan opened the public hearing. There being no speakers, Mayor Salwan closed the public hearing.

On a motion by Councilmember Liu, seconded by Councilmember Zhang, the City Council adopted Resolution No. 2025-48 approving an amendment to Master Fee Resolution 8672 (Master Fee Schedule) as drafted in Attachment 1.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

C. Mayor Salwan opened consideration of Public Hearing (Published Notice) to Consider a First-Party (Project Proponent) Appeal of the Planning Commission’s Decision To Uphold Staff’s Determination Regarding the Use of a Concession Under State Density Bonus Law to Lower an Adopted Minimum Residential Density Below That Required by the City’s General Plan, Warm Springs/South Fremont Community Plan, and Corresponding Zoning Ordinance for a Housing Project Proposed Within the Transit-

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Oriented Development (TOD) Overlay District Adjacent to the BART Station Submitted Under PLN2025-00253, and a Finding that No Environmental Review is Required For the Appeal Action As, In Isolation, It Is Not Considered a “Project” Under CEQA Guidelines Section 15378; and, Without Limitation, CEQA Guidelines Section 15270 (Projects Which Are Disapproved), As CEQA Does Not Apply to Projects Which a Public Agency Rejects Or Disapproves; And/Or CEQA Guidelines Section 15061(b)(3) (Review For Exemption), In That There is No Possibility That Action On the Appeal Would Have a Significant Effect On the Environment. Each Of the Foregoing Provides an Independent Basis For Exemption.

Community Development Director Joel Pullen and Senior Planner Mark Hungerford responded to questions from Councilmembers and shared a presentation. The appellants legal counsel, Bryan Wenter, provided verbal presentation and responded to Council questions. Staff responded to questions from Councilmembers. Mayor Salwan opened the public hearing. The following people commented: Kelly Abreu and Salim Mastan. There being no additional speakers, Mayor Salwan closed the public hearing. This was followed by a rebuttal by Mr. Wenter. Staff responded to additional questions from Councilmembers.

On a motion by Councilmember Zhang, seconded by Councilmember Kimberlin, the City Council:

1. Held public hearing.

2. Adopted Resolution No. 2025-49 that:
a. Finds that the action on the Appeal is exempt from the California Environmental Quality Act (CEQA), pursuant to, without limitation, each as a separate and independent basis, CEQA Guidelines Section 15378 (Project), as the action on the Appeal is not considered a “project”; CEQA Guidelines Section 15270 (Projects Which Are Disapproved), as CEQA does not apply to projects which a public agency rejects or disapproves; and/or CEQA Guidelines Section 15061(b)(3) (Review for Exemption), in that there is no possibility that action on the Appeal would have a significant effect on the environment;
b. Finds the proposed concession to reduce the required minimum density is inconsistent with and contrary to State law and should be denied pursuant to Government Code Section 65915(d)(1)(C) the fundamental purpose, goals, and policies for the transit-oriented development outlined in the City’s General Plan and Warm Springs/South Fremont Community Plan; and standards of the Zoning Ordinance; and
c. Denies the Appeal and upholds the September 25, 2025 Planning Commission action to deny the initial first-party Appeal.

Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:

Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: None
Abstain: None

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6. OTHER BUSINESS
A. Mayor Salwan opened consideration of Informational Report and Presentation of Year- End Results for FY 2024/25
Finance Director David Persselin shared a presentation and responded to questions from Councilmembers. Mayor Salwan opened the public comment period. The following person commented: Kelly Abreu. There being no additional speakers, Mayor Salwan closed the public comment period.

The City Council accepted the report and presentation.

7. ITEMS REFERRED BY COUNCILMEMBERS

A. Council Referrals – None.

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

C. Legislative Actions – None.

D. Report on Committee Assignments
Councilmembers reported on their various meetings.

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

Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk RAJ SALWAN, Mayor

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Attachment: Draft Minutes - November 4, 2025 Regular Meeting (5575 : Approval of Minutes - 2025-10-14 - 2025-11-04) Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5389) DOC ID: 5389
Updated: 11/13/2025 5:18 AM by Dina Lewis Page 1
SELECTION OF THE VICE MAYOR - Selection of the Vice Mayor for the Period Covering November 2025 through July 2026
Contact Persons:

Name: Susan Gauthier Allen DeMers
Title: City Clerk Deputy City Manager
Div/Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-494-4651
E-Mail: [email protected] [email protected]

Executive Summary: The following report is being presented to Council to appoint the Vice Mayor for the period covering November 2025 through July 2026.

BACKGROUND: Chapter 1, Section F (2) of the City Council Handbook of Rules and Procedures (Vice Mayor Selection and Duties) provides: “The Councilmember who received the highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the first eight months following the next general municipal election. The Councilmember who received the second highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the next eight months.

The Councilmember who received the third highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the next eight months.” Pursuant to Council action at the March 18, 2025 City Council Meeting, the Council advanced the normal order of selection by one term. This selection process will be memorialized by resolution when the City Council Handbook is revised.

DISCUSSION/ANALYSYS: Per the order of selection of Vice Mayor described above, Councilmember Zhang is next in line for appointment as Vice Mayor for the period covering November 2025 through July 2026, as she received the second highest number of votes during the 2024 general municipal election.

FISCAL IMPACT: N/A

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS: None.

RECOMMENDATION: By motion, appoint Councilmember Zhang as the Vice Mayor for the period covering November 2025 through July 2026.

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Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5573) DOC ID: 5573
Updated: 11/13/2025 5:44 AM by Dina Lewis Page 1
PEDESTRIAN CROSSING ENHANCEMENT PROJECT - Approval of Plans and Specifications and Award of Construction Contract to Sposeto Engineering Inc. in the Amount of $2,016,139 (including 10% Contingency) for the 2024 Pedestrian Crossing Enhancement Project (PWC 9078); Appropriation Actions; and Make Findings of CEQA Exemption
Contact Persons:

Name: Anthony Villanueva Hans Larsen
Title: Transportation Engineer I Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4778 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to initiate the construction of pedestrian crossing safety improvements at eight locations along Fremont Boulevard and Paseo Padre Parkway in support of Fremont’s Active Transportation Plan.

BACKGROUND: As part of the City’s traffic safety program, improving uncontrolled pedestrian crossings has been identified as a priority. Over the past ten years, approximately 35 crosswalk locations on major streets in Fremont have been improved using flashing beacons or signals. When activated, flashing beacons are highly effective at prompting drivers to yield to pedestrians. In May 2025, the City Council adopted the Active Transportation Plan (ATP) which included a five-year work plan that continues to prioritize pedestrian crossing enhancements along active transportation priority corridors, around schools, and connecting neighborhood walking destinations.

City staff has secured two State grants with a combined funding amount of $2.1 million to install pedestrian crosswalk flashing beacons at eight new locations: along Fremont Boulevard, specifically at Clough Avenue, Papazian Way, Adams Avenue, Michael Avenue, Crestwood Street, and Doane Street intersections; and along Paseo Padre Parkway at Dorne Place and at Mento Drive.

Key enhancement features identified for the proposed project include pedestrian actuated rapid-flashing beacons, high visibility crosswalks, ADA compliant curb ramps, concrete refuge median island, new connector sidewalks, and existing sidewalk repair near the crossings. These improvements are designed to improve visibility between drivers and crossing pedestrians, increase driver awareness to crossing pedestrians, and improve general accessibility for pedestrians at the crossing locations.

Construction of the project is planned to start in early 2026 and with completion in summer 2026.

DISCUSSION/ANALYSIS: Project design was started in 2024 and completed in September 2025. Bids for this project were opened on October 21, 2025. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $2,500,000.00.

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Council Staff Report (ID # 5573) Meeting of November 18, 2025 Updated: 11/13/2025 5:44 AM by Dina Lewis Page 2
Bidder Bid Amount

1. Sposeto Engineering Inc. $1,832,854.20*

2. FBD Vanguard Construction Inc. $1,923,768.20

3. Terocons Inc. $2,085,000.00

4. Redgwick Construction $2,207,512.00

5. Zara Construction Inc. $2,289,251.00**

6. Ray’s Electric $2,347,051.00**

7. S&H Construction Inc. $2,368,600.00

* Low bidder
**Mathematically corrected

The low bidder, Sposeto Engineering Inc., submitted a responsive bid and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has satisfactorily completed similar types of bicycle and pedestrian facility improvements in the cities of Berkeley, San Leandro, Hayward, as well as a previous pedestrian crossing enhancement project in the City of Fremont.

Project Costs and Funding:

A summary of project costs and identified fund sources are as follows:

Estimated Project Costs:

Construction Contract Cost (Lowest Responsible Bid) $ 1,832,854 Construction Contract Contingency (10%) $ 183,285
Construction Inspection, Surveying and Administration (15%) $ 275,000

Total Estimated Project Construction Costs

$2,291,139

Source of Funding:

Currently Budgeted
PWC9078 – Fund 521 – Transportation Development Act (TDA) $ 405,771 PWC9078 – Fund 525 – Highway Safety Improvement Program (HSIP) 1,468,440

Proposed Additional Funding
PWC7953 – Fund 531 – Traffic Impact Fee $ 275,000
PWC8541 – Fund 519 – 2012 Measure B Bike/Pedestrian 18,641 PWC8884 – Fund 519 – 2012 Measure B Bike/Pedestrian 1,250 PWC8944 – Fund 520 – Measure BB Bike/Pedestrian 127,000

Total Funding Available

$2,296,102

FISCAL IMPACT: Additional funding is needed for the award of this contract. The project construction contract will be primarily funded by State grants (HSIP and TDA) and County Measure B and BB sales tax funds dedicated to improving bicycle and pedestrian facilities [administered by the Alameda County Transportation Commission (ACTC)]. Reallocation of funds is required to support project HSIP grant matching requirements, and for City staff time to provide construction inspection, construction management, and construction contract administration services for the project. Staff recommends reallocation of funds to

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Council Staff Report (ID # 5573) Meeting of November 18, 2025 Updated: 11/13/2025 5:44 AM by Dina Lewis Page 3
include reallocating $275,000 in Fund 531 from Traffic Improvement Program (PWC7953) to support City staff time, and a total of $146,891 of County Measure B and BB sales tax funds as noted above to provide for grant matching requirements.

With the recommended additional reallocation of funds to the project, there will be sufficient funds available for the estimated project cost.

ENVIRONMENTAL REVIEW: This project is categorically 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.

ATTACHMENTS: None.

LINKS:

Project Plans:
https://www.fremont.gov/home/showdocument?id=19233&t=638977623025656246

Project Specifications:
https://www.fremont.gov/home/showdocument?id=19231&t=638977622972181070

RECOMMENDATION: Approval of the following actions related to the 2024 Pedestrian Crossing Enhancement Project (PWC9078):

1. Approve the plans and specifications for the project.

3. Receive and appropriate $1,468,440 in HSIP grant funds to PWC9078-525.

4. Reallocate $275,000 from PWC7953-531 to PWC9078-531.

5. Reallocate $18,640.76 from PWC8541-519 to PWC9078-519.

6. Reallocate $1,250 from PWC8884-519 to PWC9078-519.

7. Reallocate $127,000 from PWC8944-520 to PWC9078-520.

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Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Fees & Rates

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5569) DOC ID: 5569
Updated: 11/13/2025 6:02 AM by Dina Lewis Page 1
AMEND CIVIL PENALTIES SCHEDULE - Adopt a Resolution Amending the Civil Penalties Schedule to Increase the Fine for Illegal Dumping Contact Persons:

Name: Jamie Cooley Kathleen Cote-Guarnieri
Title: Environmental Specialist II Environmental Services Manager Div/Dept: Community Development Community Development
Phone: (510) 494-4573 510-494-4583
E-Mail: [email protected] [email protected]

Executive Summary: Pursuant to the Administrative Remedies Ordinance, the City has established a Civil Penalties Schedule, which sets forth the administrative citation penalty assessed for violations of the Municipal Code. Staff is recommending adding enhanced civil penalties for unauthorized disposal of solid waste (illegal dumping) of $1,000 per incident and use of illegal third-party haulers of $750-$1,000 per incident, to aid enforcement and create a deterrent for this activity. Staff also recommend adding the Construction and Demolition debris diversion requirements penalty from Municipal Code Section Chapter 8.40, Article VII, to the Civil Penalties Schedule.

BACKGROUND: Unauthorized Disposal and Third-Party Haulers: The City has maintained an ordinance against illegal disposal and use of third-party haulers since 1968 and began adopting penalty amounts in 1995.

On February 3, 1998 (under Ordinance 2276), the amounts were added to the municipal code stating that the first administrative citation was to be $100, second was to be $200, and third was to be $500. On October 1, 2002 (under Ordinance 2488) language was added stating that the administrative citation amounts were $100, $200, $500 unless otherwise stated by the civil penalty schedule. The penalties for unauthorized disposal and third-party haulers have not been adjusted since 1998.

Construction and Demolition Debris Diversion Requirements: On September 2, 2008, the City Council adopted a resolution to amend the Fremont Municipal Code by adding a new article to establish Construction and Demolition Debris Diversion and Recycling Requirements (then Article 9, Title IV, Chapter 2 now Title 8, Chapter 8.40, Article VII). This included a broad administrative penalty of $1000 for violation of sections under this article (as reflected in 8.40.640). The increased penalties authorized by the Fremont Municipal Code were not added to the Civil Penalties Schedule. This update would conform the Civil Penalties Schedule with the Municipal Code.

DISCUSSION/ANALYSIS: Current disposal rates at Fremont Recycling and Transfer Station are $119.55 to $130.71 per ton of waste depending on the material type. With the current penalty schedule starting at $100, illegal dumpers appear willing to risk citation rather than to properly dispose of waste.

Maintenance and Environmental Services staff dedicate a significant amount of time to cleaning up debris illegally dumped on public property. Staff responded to approximately

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Council Staff Report (ID # 5569) Meeting of November 18, 2025 Updated: 11/13/2025 6:02 AM by Dina Lewis Page 2
450 reports of illegal dumping in FY 2024-2025, and FY 2025-2026 is trending higher at 600 estimated for the fiscal year. By increasing the fine for illegal dumping to an amount that exceeds the cost of proper disposal, the City may reduce the frequency of illegal dumping incidents and generate additional revenue to help offset cleanup expenses. Staff is recommending increasing the civil penalty for illegal dumping (unauthorized disposal) to $1,000, an amount consistent with other local jurisdictions such as Oakland and San Jose.

Due to Fremont’s exclusive collection franchise with its waste hauler and processing contract with BLT Enterprises, Inc., debris boxes for construction and demolition debris must be provided by the franchise hauler and delivered to the Fremont Recycling and Transfer Station. The current cost to rent a debris box from Republic Services is $589.11 for a 20-cubic yard box, $770.74 for a 30-cubic yard box and $1103.89 for a 40-cubic yard box.

The current penalty amount appears to be insufficient to deter or dissuade third party haulers from operating in Fremont or customers from using illegal haulers, a direct violation of the City’s exclusive franchise agreement. In 2024 and 2025, over 250 citations were issued for violations of this section at $100 each.

Adjusting the penalties from $100 for a first offense to $750, and $1,000 for subsequent offenses, ensures that the fines would be more effective at discouraging third-party haulers operating in violation of the City’s exclusive franchise agreement. The proposed fine increase would help ensure that debris box services are provided through the franchise hauler and the City is supporting the franchise agreement.

In summary, staff recommends updating the Civil Penalty Schedule to reflect increased amounts for unauthorized disposal and third-party haulers and adding Construction and Demolition debris diversion requirements to the civil penalties schedule. The attached resolution amends the Civil Penalties Schedule accordingly.

FISCAL IMPACT: There is no General Fund cost anticipated from updating the Civil Penalties Schedule. There may be increased penalty amounts collected, depending upon compliance.

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 Section 15378(b)(5) and as it can be seen with certainty that there is no possibility that the proposed action may have a significant effect on the environment under CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance. No further environmental review is necessary.

ATTACHMENTS:
• Draft Resolution- Civil Penalties Schedule

RECOMMENDATION: Adopt the draft resolution included with this report amending the Civil Penalties Schedule to increase fines for illegal dumping.

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Resolution 2025-XX Page 1 of 12 DRAFT

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AMENDING THE CIVIL PENALTIES SCHEDULE
WHEREAS, Fremont Municipal Code Section 1.20.080 and California Government Code Section 36901 provides the authority for the City of Fremont (“City”) to adopt civil penalties for violations of the Fremont Municipal Code; and WHEREAS, illegal dumping negative affects the public health and safety and the environment, including water resources; and
WHEREAS, proper separation of waste and hauling in accordance with established local policies reduces environmental harm, increases recycling and diversion of solid waste bound for landfills; and
WHEREAS, the City has been experiencing increased illegal dumping and unauthorized haulers in recent years; and
WHEREAS, fines for illegal dumping have not been increased since 1968 and the cost to dispose of the waste is higher than the fine; and
WHEREAS, by increasing the fine for illegal dumping to an amount that exceeds the cost of proper disposal, the City may reduce the frequency of illegal dumping incidents, protecting the public health and safety and the environment; and
WHEREAS, the City Council considered the information set forth in the staff report dated November 18, 2025, as well as any information submitted to the City Council during its deliberations on this matter.

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

SECTION 1. The Civil Penalties Schedule, as set forth in Exhibit A, attached hereto and incorporated herein, is adopted (additions are shown as underlined text and deletions as strikethrough).

SECTION 2. This Resolution shall be effective on the day adopted by City Council and shall supersede any prior adopted resolution(s) that conflict with this Resolution.

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Attachment: Draft Resolution- Civil Penalties Schedule (5569 : AMEND CIVIL PENALTIES SCHEDULE) Resolution 2025-XX Page 2 of 12 ADOPTED, ______, 2025 by the City Council of the City of Fremont, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor

ATTEST: APPROVED AS TO FORM:

________________________ ______________________________ City Clerk City Attorney

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Attachment: Draft Resolution- Civil Penalties Schedule (5569 : AMEND CIVIL PENALTIES SCHEDULE) Resolution 2025-XX Page 3 of 12

EXHIBIT A

CIVIL PENALTIES SCHEDULE

Civil penalties for violations of the obligations and prohibitions of each of the listed Titles, Chapters, Articles and Sections of the Fremont Municipal Code shall be as follows:

NOTE: A WARNING NOTICE IS REQUIRED FOR ALL ZONING, BUILDING, ELECTRICAL, OR

OTHER SIMILAR STRUCTURAL VIOLATIONS UNLESS THE VIOLATION CREATES AN IMMEDIATE DANGER TO HEALTH AND SAFETY. THE SYMBOL ^ INDICATES CODE SECTIONS THAT ARE NOT DEEMED “ZONING” FOR THE PURPOSE OF WARNING NOTICES. NOTICE IS NOT REQUIRED FOR ANY ^ SECTIONS IN THIS SCHEDULE.

NOTE: THE SYMBOL “+” INDICATES POTENTIAL CORRECTABLE VIOLATIONS. WHEN PROOF

OF CORRECTION OR COMPLIANCE IS CONFIRMED BY AN AUTHORIZED CITY OF FREMONT EMPLOYEE, CERTAIN “+” SECTION VIOLATIONS MAY BE ASSESSED A REDUCED PENALTY OF $20.00, AT THE EMPLOYEE’S DISCRETION.

NOTE: THE SYMBOL * INDICATES THIS PENALTY IS IN ADDITION TO THE PENALTY AND INTEREST MANDATED BY SECTION 3.10.330.

MUNICIPAL CODE SECTIONS

CHAPTER/ARTICLE/SECTION VIOLATION PENALTY

CITATION # 1 2 3

TITLE 2. ADMINISTRATION AND FINANCE

Chapter 2.40 Prohibition on Former City Officials $100. 200. 500.

TITLE 3. REVENUE AND FINANCE

Chapter 3.10 Taxation $100.* 200.* 500.*

TITLE 5. BUSINESS, LICENSES AND REGULATIONS

Chapter 5.05 Business Taxes $100. 200. 500.

Chapter 5.10 Adult-Oriented Business Permit $100. 200. 500.

Chapter 5.20 Blinder Elements $100. 200. 500.

Chapter 5.35 Commercial Solicitation and Peddlers $100. 200. 500.

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MUNICIPAL CODE SECTIONS

CHAPTER/ARTICLE/SECTION VIOLATION PENALTY

CITATION # 1 2 3

Chapter 5.40 Controlled Sales $100. 200. 500.

Chapter 5.45 Entertainment Permits - Places of Entertainment $100. 200. 500.

Chapter 5.55 Firearms Dealers $100. 200. 500.

Chapter 5.65 Massage Establishments and Technicians $100. 200. 500.

Chapter 5.70 Private Patrols and Funeral Escorts $100. 200. 500.

Chapter 5.80 Public Transportation Vehicles $100.+ 200.+ 500.+

Chapter 5.85 Registration of Guests in Hotels, etc. $60. 120. 300.

TITLE 6. ANIMALS

Chapter 6.10 Animal Ownership $60. 120. 300.

Chapter 6.20 Licensing and Vaccination $30. 60. 150.

Chapter 6.30 Impoundment $30. 60. 150.

Chapter 6.40 Animal Fancier's Permit $60. 120. 300.

Chapter 6.50 Prohibited Activities $100. 200. 500.

Chapter 6.60 Potentially Dangerous Dogs and $100. 200. 500.

Vicious Dogs

TITLE 8. HEALTH AND SAFETY

Chapter 8.10 Nuisance Response $100. 200. 500.

Chapter 8.20 Dangerous Plants $100. 200. 500.

Chapter 8.25 Weed and Waste Abatement $100.+ 200.+ 500.+

Chapter 8.30 Regulation of Water Wells $100. 200. 500.

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MUNICIPAL CODE SECTIONS

CHAPTER/ARTICLE/SECTION VIOLATION PENALTY

CITATION # 1 2 3

Chapter 8.35 Hazardous Materials Management $100. 200. 500.

Chapter 8.40 Solid Waste, Recyclables and $60. 120. 300.

Organic Waste Management Except as noted below:

Sec. 8.40.060 Maintenance of nuisance prohibited $100. 200. 500.

Sec. 8.40.170 Business/multifamily insufficient capacity $60. 120. 300.

Per Unit

Sec. 8.40.190 Trash enclosures shall conform to zoning regulations $100. 200. 500.

Sec. 8.40.200 Materials prohibited from disposal $100. 200. 500.

Sec. 8.40.210 Special procedures for disposal of motor oil, construction or demolition waste, household hazardous waste $100. 200. 500.

Sec. 8.40.230 Third-party hauler in violation of exclusive franchise $750. 1000. 1000. agreement

Sec. 8.40.400 Unauthorized disposal $1000. 1000. 1000.

Sec. 8.40.620 Compliance with the diversion requirement $1000. 1000. 1000.

Article III. Collection and Transportation $100. 200. 500.

Article IV. Disposal of Garbage $100. 200. 500.

Chapter 8.45 Putrescible Waste and Keeping of Certain
Animals Contributing thereto $100.+ 200.+ 500.+

Chapter 8.50 Food Establishments $100. 200. 500.

Chapter 8.55 Smoking Ordinance $100.* 200.* 500.*

Chapter 8.60 Neighborhood Preservation $100. 200. 500.

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MUNICIPAL CODE SECTIONS

CHAPTER/ARTICLE/SECTION VIOLATION PENALTY

CITATION # 1 2 3

TITLE 9. PUBLIC PEACE, MORALS AND WELFARE

Chapter 9.05 Disorderly Conduct $100. 200. 500.

Chapter 9.10 False Alarms $60.+ 120.+ 300.+
Except as noted below:

Sec. 9.10.120 Suspension and revocation of permit-Grounds $100. 200. 500.

Chapter 9.15 Firearms $100. 200. 500.

Chapter 9.25 Noise $100. 200. 500.

Sec. 9.35.060 Temporary street closure- Violation $500 750 1,000

Chapter 9.45 Youth Protection $100. 200. 500.

Chapter 9.50 Miscellaneous Crimes $100. 200. 500.

Except as noted below:

Chapter 9.55 Mobile Home Space Rent Stabilization $100. 200. 500.

Chapter 9.60 Residential Rent Increase Dispute Resolution $100. 200. 500.

TITLE 10. VEHICLES AND TRAFFIC

Chapter 10.05 Traffic regulations $75. 135. 315.

Except as noted below:

Article II. Enforcement and Obedience to Traffic Regulations $103. 203. 503.

Sec. 10.05.380 Heavy Trucks Off Route $125. 185. 365.

Sec. 10.05.690(a)(5) Parked in Blue Zone $311.+ 311.+ 311.+

Sec. 10.05.810 Truck Parking off Truck Route $125. 185. 365.

Sec. 10.05.820 Handicapped parking $311.+ 311.+ 311.+

Sec. 10.05.950 Parking permit required during restricted $ 82. 82. 82.

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MUNICIPAL CODE SECTIONS

CHAPTER/ARTICLE/SECTION VIOLATION PENALTY

CITATION # 1 2 3

Article XII. Trains $100. 200. 500.

Article XV. On-Street Vehicle Sales $33. 63. 153.

Chapter 10.10 Bicycles $30. 60. 150.

Chapter 10.15 Skates and Skateboards $30. 60. 150.

Chapter 10.20 Trip Reduction and Travel Demand Management $250. 250. 250.

TITLE 12. STREETS, SIDEWALKS AND PUBLIC PROPERTY

Chapter 12.15 Carrying of Signs and Banners at Public Events $100.+ 200.+ 500.+

Chapter 12.25 Special Events and Parades $100.+ 200.+ 500.+

Chapter 12.30 Maintenance of Street Trees and Sidewalks $100.+ 200.+ 500.+

TITLE 15. BUILDING AND CONSTRUCTION*

Chapter 15.10 Fremont Building Code $130. 700. 1300.

Chapter 15.15 Fremont Mechanical Code $130. 700. 1300.

Chapter 15.20 Fremont Plumbing Code $130. 700. 1300.

Chapter 15.25 Fremont Electrical Code $130. 700. 1300.

Chapter 15.30 Fremont Existing Building Code $130. 700. 1300.

Chapter 15.35 Fire Code $130. 700. 1300.

Chapter 15.40 Fremont Swimming Pool Spa and Code $130. 700. 1300.

Chapter 15.45 Fremont Property Maintenance Code $130. 700. 1300.

Chapter 15.47 Fremont Residential Building Code $130. 700. 1300.

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MUNICIPAL CODE SECTIONS

CHAPTER/ARTICLE/SECTION VIOLATION PENALTY

CITATION # 1 2 3

Chapter 15.40 Fremont Swimming Pool Spa and Code $130. 700. 1300.

Chapter 15.45 Fremont Property Maintenance Code $130. 700. 1300.

Chapter 15.47 Fremont Residential Building Code $130. 700. 1300.

Chapter 15.48 Fremont Green Building Code $130. 700. 1300.

Chapter 15.49 Fremont Historical Building Code $130. 700. 1300.

Chapter 15.50 Building Security Code $100. 200. 500.

Chapter 15.55 House Numbering $60. 120. 300.

Chapter 15.70 Earthquake Hazard Reduction Requirements $130. 700. 1300. and Minimum Standards for Existing
Unreinforced Masonry Buildings

Chapter 15.85 Placards $100. 200. 500.

Chapter 15.90 Demolition $100. 200. 500.

Chapter 15.95 Repair and Reconstruction $100. 200. 500.

For each additional violation of the same ordinance within two years of the first violation if the property is commercial property that has an existing building at the time of the violation and the owner failed to remove visible refuse or prohibit unauthorized use of the property. $2,500.

*Adopted by Reso 2018-70

TITLE 17. SUBDIVISIONS

Chapter 17.45 Enforcement $100. 200. 500.

TITLE 18. PLANNING AND ZONING

Sec. 18.50.040 Performance standards $100.^ 200.^ 500.^

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MUNICIPAL CODE SECTIONS

CHAPTER/ARTICLE/SECTION VIOLATION PENALTY

CITATION # 1 2 3

Sec. 18.175.310 Actions to relocate, demolish or destroy certain identified register/potential register resources
that would otherwise require no city approval $100.^ 200.^ 500.^

Sec. 18.175.390 Historical resources $100. 200. 500.

Chapter 18.183 Parking and Loading Area and Vehicle Storage $103. 203. 503.

Sec. 18.183.150 Parking of certain vehicles prohibited $103.^ 203.^ 503.^

Sec. 18.183.180 Parking and storage of vehicles and equipment $103.^ 203.^ 503.^ on one- and two-family lots and residential streets

Chapter 18.190 Special Provisions Applying to Miscellaneous Uses $100. 200. 500.

Sec. 18.190.160 Firearms dealers-Warehouse and
storage of firearms $100.^ 200.^ 500.^

Chapter 18.193 Signs $100.^ 200.^ 500.^

Chapter 18.200 Flood Damage Prevention $100. 200. 500.

Chapter 18.205 Grading, Erosion and Sediment Control $100.+ 200.+ 500.+

Chapter 18.210 Storm Water Management and Discharge Control $350. 750. 1,000.

Chapter 18.215 Tree Preservation $100.+ 200.+ 500.+

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PARKING, STANDING, AND VEHICLE REGISTRATION

VIOLATIONS CIVIL PENALTIES

~ Minimum penalty set by state law or Judicial Council of California

TITLE VIOLATION PENALTY

CITATION # 1 2 3

Parking Private Roads 21107.5-.8 $75. 135. 315.

Public Grounds 21113(a) $75. 135. 315.

Parking in Bike Lane 21209(a) $75. 135. 315.

No Stopping/Parking in Bike Lane 21211(b) $75. 135. 315.

Freeway Parking 21718 $75. 135. 315.

Veh stopped & blocking Cross/Sidewalk 21970(a) $75. 135. 315.

Intersection 22500(a) $75. 135. 315.

Blocking Crosswalk 22500(b) $75. 135. 315.

Safety Zone 22500(c) $75. 135. 315.

Fire Station Driveway 22500(d) $75. 135. 315.

Blocking Driveway 22500(e) $75. 135. 315.

Sidewalk 22500(f) $75. 135. 315.

Excavation Site 22500(g) $75. 135. 315.

Double Parking 22500(h) $75. 135. 315.

Bus Zone Parking 22500(i) $283.~ 283.~ 283.~

Underpass 22500(j) $75. 135. 315.

Bridge Parking 22500(k) $75. 135. 315.

Wheel Chair Access 22500(l) $311.~ 311.~ 311.~

Fire Lane Parking 22500.1 $75. 135. 315.

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TITLE VIOLATION PENALTY

CITATION # 1 2 3

Parking from Curb 22502(a) $75. 135. 315.

Wrong Way Parking 22502(b)(2) $75. 135. 315.

Unincorporated Area Parking 22504(a) $75. 135. 315.

No Parking Posted on State Highway 22505(b) $75. 135. 315.

Handicapped Zone 22507.8(a-c) $311.~ 311.~ 311.~

Parking from Curb 22502(a) $75. 135. 315.

Wrong Way Parking 22502(b)(2) $75. 135. 315.

Unincorporated Area Parking 22504(a) $75. 135. 315.

No Parking Posted on State Highway 22505(b) $75. 135. 315.

Handicapped Zone 22507.8(a-c) $311.~ 311.~ 311.~

Fire Hydrant Parking 22514 $75. 135. 315.

Unattended Vehicles 22515(a), (b) $75. 135. 315.

Persons Locked in Auto 22516 $100. 200. 500.

Door Open to Traffic 22517 $100. 200. 500.

Vending Near Freeway 22520.5 $100. 200. 500.

Railroad Track 22521 $75. 135. 315.

Handicapped Sidewalk Access Blocked 22522 $311.~ 311.~ 311.~

Abandonment 22523(a), (b) $311.~ 311.~ 311.~

Blocking Intersection 22526(a), (b) $103. 203. 503.

Expired Tabs 22651(o) $75. 135. 315.

Vehicle with unlawful lamps 24003 $75. 135. 315.

No Headlights 24400 $75. 135. 315.

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TITLE VIOLATION PENALTY

CITATION # 1 2 3

Modification of Vehicle Equip 26101 $75. 135. 315.

Cracked Windshield 26700 $75. 135. 315.

Tinted Windows 26708(a) $75. 135. 315.

No Rearview Mirror 26709(a) $75. 135. 315.

No Side Mirror 26709(b) $75. 135. 315.

Defective Windshield/Rear window 26710 $75. 135. 315.

No Gas Cap 27155 $75. 135. 315.

Bald Tire 27465(b) $75. 135. 315.

Fenders and Mudguards 27600 $75. 135. 315.

No Bumpers 28071 $75. 135. 315.

Expired Tags 4000(a) $75. 135. 315.

Registration Required 4000.4(a) $75. 135. 315.

CA Registration Required 4152.5 $75. 135. 315.

Presentation of Evidence of Reg 4462(a) $75. 135. 315.

Reg presented for wrong vehicle 4462(b) $75. 135. 315.

Unlawful Act w/ Clean air sticker 4463(e) $75. 135. 315.

Altered Lic Plate Displayed on Vehicle 4464 $75. 135. 315.

Display of License Plate 5200 $75. 135. 315.

Position of License Plate 5201(a) $75. 135. 315.

Lic Plate Cover to not obstruct 5201(b)(2) $75. 135. 315.

Covered Plates 5201(e) $75. 135. 315.

Registration Tab on Plate # 5204(a) $75. 135. 315.

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Attachment: Draft Resolution- Civil Penalties Schedule (5569 : AMEND CIVIL PENALTIES SCHEDULE) Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Information Technology Services Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5558) DOC ID: 5558
Updated: 11/4/2025 3:47 PM by Dina Lewis Page 1
ELECTRONIC SIGNATURES SOLUTION RENEWAL - Authorize the City Manager, or her Designee, to Issue a Purchase Order and to Execute Implementing Documents with DocuSign, Inc., for the Electronic Signatures Software License Renewal.

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: The City of Fremont’s annual purchase order for the electronic signatures solution, DocuSign, expires on December 16, 2025. Staff is recommending that the City Council authorize the City Manager, or designee, to issue a purchase order and to execute implementing documents with DocuSign, Inc., for the electronic signatures software license renewal in an amount not-to-exceed $137,729.86.

BACKGROUND: In 2020, the Information Technology Services Department introduced DocuSign, an electronic signatures solution, to facilitate the signature routing process during the Pandemic. Since then, most City departments have widely adopted the solution, thus increasing operational efficiency and productivity. Each document that routes for electronic signature in DocuSign is referred to as an envelope, so the purchase order will specify the number of envelopes to be purchased.

DISCUSSION/ANALYSIS: The recommended DocuSign purchase order for the renewal of the software license includes 10,000 envelopes to accommodate the current Citywide activity level and 30,000 envelopes for Development Services Center staff to integrate electronic signatures into the permitting process, improving customer service and reducing the administrative burden of managing paper documents.

Software license renewals are exempt from the City’s competitive procurement requirements under Section 3.20.280(c) of the Fremont Municipal Code.

FISCAL IMPACT: Funding for the electronic signatures solution renewal is appropriated in the Information Technology Services Department Operating Fund (Fund 620) in the FY 2025/26 adopted operating budget. Funding for subsequent years will be requested as part of the City’s annual budget process.

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

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Council Staff Report (ID # 5558) Meeting of November 18, 2025 Updated: 11/4/2025 3:47 PM by Dina Lewis Page 2
ATTACHMENTS: None.

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Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Housing
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5561) DOC ID: 5561
Updated: 11/13/2025 11:40 AM by Lucia Hughes Page 1
LOAN SUBORDINATION AGREEMENTS – Authorize the City Manager, or designee, to execute Subordination Agreements related to the refinancing of Irvington Terrace Family Apartments, an affordable housing development Contact Persons:

Name: Lucia Hughes Joel Pullen
Title: Housing Manager Community Development Director
Div/Dept: Housing Community Development
Phone: 510-494-4506 510-494-4436
E-Mail: [email protected] [email protected]

Executive Summary: Authorize the City Manager, or designee, to execute Subordination Agreements related to refinancing Irvington Terrace Family Apartments, 4109 Broadmoor Common, Fremont, CA, to subordinate the City’s affordable housing loans to BRIDGE Regional Partners and Irvington Development Group, L.P. (BRIDGE).

BACKGROUND: Irvington Terrace Family Apartments (Irvington Apartments) is a 100-unit affordable family housing property located at 4109 Broadmoor Common, Fremont, CA. In October of 2005, the Redevelopment Agency of the City of Fremont (Agency) entered into the First Amended and Restated Regulatory Agreement with BRIDGE for Irvington Family Apartments. The Agency provided $5,100,000 loan to BRIDGE Regional Partners, Inc. to acquire the property, and an additional loan of $4,075,000 to Irvington Development Group, L.P., to develop the property. Funds included Redevelopment Agency Low- and Moderate-Income Housing Funds, HOME Investment Partnership Program funds, Community Development Block Grant funds and funds received by the Agency pursuant to the City’s Inclusionary Housing Ordinance. BRIDGE has since paid down $448,415 in toward the development loan. The loans have accrued $5,452,048 interest, totaling $14,178,633 of outstanding debt, as of October 31, 2025. The Regulatory Agreement regulates occupancy and income levels for up to 99 years.

The development, which opened in 2007, consists of two buildings, with three levels of residential stories above parking. The development provides 1-, 2- and 3-bedroom apartments for families earning between 30% and 50% of Area Median Income (AMI).

BRIDGE is a 501(c)(3) non-profit organization.

DISCUSSION/ANALYSIS: In May of 2025, BRIDGE notified the City of its interest in refinancing the Irvington Apartments to complete needed repairs to the property, payoff an existing California Community Reinvestment Corporation (CCRC) mortgage, cover cost of the prepayment premium and fund costs of a new loan in the amount of approximately $4,830,000 from Berkadia Commercial Mortgage LLC (Berkadia). The property also has existing Multi-family Housing Program (MHP) funding from the California Department of Housing and Community Development which will be restructured because of the new Berkadia loan.

Loan subordination is a legal process wherein a lender, in this case, the City of Fremont, agrees to make its claim on the property “junior” to the new lender’s claim. This is critical,

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Council Staff Report (ID # 5561) Meeting of November 18, 2025 Updated: 11/13/2025 11:40 AM by Lucia Hughes Page 2
especially in affordable housing, when there are usually multiple lenders financing a project.

Lenders are assigned a lien position based on the order of recording. In the event of foreclosure, proceeds from the sale of the property would be used to pay off debt in the order of lien priority. Currently, the City is in the third lien position after CCRC and State MHP respectively. When a new loan is obtained (in this case a loan from Berkadia), and the old loan is paid off (in this case to CCRC), the City’s interest in the property moves up to the second position. Because most lenders refuse to make a loan with the most favorable terms unless their loan is in the first position, and because the City has an interest in preserving the physical condition of this affordable housing property, staff is recommending that the City Council approve the subordination of its interest in the property to Berkadia and State MHP to revert its lien position to third.

Given the age of the property, many major systems as well as the unit interiors are now in need of rehabilitation or replacement. The renovations will replace a variety of aging systems and equipment in both the exterior and interiors. Some of the items to be addressed include upgrades to building exteriors (lighting, landscaping, site work, dry rot repair and painting); plumbing and mechanical upgrades (heating, ventilation & air conditioning improvements, and replacements of hot water heaters); elevator repairs; and interior improvements such as cabinet and appliance replacements.

BRIDGE has explored other avenues to fund the rehabilitation, such as financing from State tax exempt bonds and State tax credits, however these financing sources have been extremely competitive in recent years. BRIDGE provided a formal written request to the City, along with an operating budget, a Capital Needs Assessment, a 15-year cash flow proforma, audited financial statements, and a copy of their Loan Portfolio Restructuring application to the California Department of Housing and Community Development for the City’s consideration. All documentation was reviewed and analyzed by the City’s financial consultant, Mosaic Urban Development, a firm that specializes in affordable housing finance.

The consultant has determined that BRIDGE’s subordination request is reasonable and recommends staff approval.

Staff recommends that City Council approve subordinations of the City’s affordable housing loans to BRIDGE Regional Partners and Irvington Development Group, LP to Berkadia Commercial Mortgage, LLC as the Senior Lender, as well as to the California Department of Housing and Community Development, the lien holder in the second lender position.

FISCAL IMPACT: No additional City funding is provided as part of this subordination request. The City will continue to receive its share of residual receipts of varying amounts from the project which will be used to pay down the loan and interest. The loan term expires on December 1, 2026, at which time the full loan amount (principal plus accrued interest) is due and payable.

ENVIRONMENTAL REVIEW: The City’s approval of the refinancing is exempt from the California Environmental Quality Act (CEQA) pursuant to, without limitation, and each as a separate and independent basis, CEQA Guidelines Sections 15301 Existing Facilities, 15061(b)(3) Review for Exemption, and/or 15378(b)(2), (4), and/or (5) Project. The action is a governmental fiscal or administrative action to refinance an existing multi-family development which will have no potential to adversely affect the environment, directly or indirectly.

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Council Staff Report (ID # 5561) Meeting of November 18, 2025 Updated: 11/13/2025 11:40 AM by Lucia Hughes Page 3
ATTACHMENTS: None.

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Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5572) DOC ID: 5572
Updated: 11/13/2025 6:21 AM by Dina Lewis Page 1
CONCRETE REPAIRS AND INTERSECTION RAMPS PROJECT - Approval of the Plans and Specifications and Award of Contract to Cato’s General Engineering, Inc. in the Amount of $1,944,003.59 (Including 10% Contingency) for the 2026 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-J); Make Findings of CEQA Exemption.

Contact Persons:

Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to initiate the construction of a project to: perform concrete repairs to damaged curbs, gutters, sidewalks, and driveways; and install curb ramps at various locations citywide.

BACKGROUND: The five-year Capital Improvement Plan (CIP) includes funds for concrete repairs in the City. Typically, these repairs have included replacement of sidewalk, curb, gutter, and driveway approaches, as well as tree root pruning and tree replacements (as needed).

Under the current program, the Maintenance Operations Department receives and addresses citizen requests for sidewalk area repairs. When the issue is deemed to be a significant safety concern, the Maintenance Operations Department can then make temporary repairs with either an asphalt patch or by concrete grinding, or in select cases, make permanent repairs by replacing the sidewalk. Property owners have the option of performing sidewalk repairs at their own cost with permits from the City and can benefit from incentives offered by the City’s 50-50 reimbursement programs. As enabled by State law, the City’s Municipal Code designates responsibility for sidewalk and street tree conditions to the adjoining property owner. The areas with the most serious or highest concentration of problems, which demand more resources to address, become candidates for contractual concrete repair projects, implemented by the Public Works Department.

The City’s CIP also includes funds to construct intersection curb ramps in compliance with the Americans with Disabilities Act (ADA). Ramp locations are determined from a combination of citizen requests and pavement work that requires new ramps to be installed.

DISCUSSION/ANALYSIS: The project scope includes:
• Concrete repairs to 120 locations consisting of street segments where concrete damage is highly concentrated and individual citywide locations where damage is especially severe.
• Construction of 125 ramps at 61 locations throughout the City. The project will install ramps at intersections where none currently exist or where existing ramps, built under an old standard, need to be replaced with new ramps that conform to current accessibility requirements.

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Council Staff Report (ID # 5572) Meeting of November 18, 2025 Updated: 11/13/2025 6:21 AM by Dina Lewis Page 2
•
Bid Results: Bids were received on October 21, 2025. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $1,800,000.

Bidder Base Bid Amount

1. Cato’s General Engineering, Inc. $1,764,003.59 *

2. Frontline General Engineering, Inc. $1,870,947.34

3. Sposeto Engineering, Inc. $1,915,247.00

4. JJR Construction, Inc. $1,919,976.00

5. QLM, Inc. $1,921,978.00

6. Spencon Construction, Inc. $1,964,903.00

7. S&H Construction, Inc. $1,968,600.00

8. Kerex Engineering, Inc. $1,999,954.00

9. McKim Corporation $2,000,000.00

10. Dryco Construction, Inc. $2,116,066.00

11. FBD Vanguard Construction, Inc. $2,185,222.00
* mathematically corrected

The low bidder, Cato’s General Engineering, Inc. submitted a responsive bid and all documents are in order. The contractor is experienced in this type of work and has satisfactorily completed contracts of similar nature.

Project Costs and Funding:

Estimated Project Costs:

Construction Contract $1,764,003.59
Construction Contract Contingency (10%) 180,000.00
Construction Administration and Inspection 270,000.00
Project Contingency 200,000.00
TOTAL ESTIMATED PROJECT COSTS $2,414,003.59

Source of Funding:

PWC8234-134 SB1-RMRA State Gas Tax $ 300,000
PWC8239-514 ACTC-VRF Local Streets 990,000
PWC8444-514 ACTC VRF Local Streets 230,000
PWC8444-515 Measure BB Local Streets & Roads 970,000
TOTAL FUNDS AVAILABLE $2,490,000

Based on contract amount and the project cost, there are sufficient funds budgeted for the project. Remaining funds in each of the PWCs listed above will be used for future concrete repair and curb ramp projects.

FISCAL IMPACT: The project will be funded through the Concrete Repair and Intersection Ramps programs (PWCs 8239 and 8444) appropriated for this purpose through the CIP process. Additionally, this project is further funded through the Pavement Rehabilitation program (PWC8234) for those locations where concrete repairs and intersection upgrades are necessitated by pavement work.

ENVIRONMENTAL REVIEW: This project is exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines section 15301 as the repair, maintenance

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or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.

LINKS:

1. Project Plans
https://www.fremont.gov/home/showdocument?id=19119&t=638965567987195228

2. Project Specifications
https://www.fremont.gov/home/showdocument?id=19121&t=638965568803614292

RECOMMENDATION: Approval of the following actions related to the 2026 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-J):

1. Approve the plans and specifications for the project.

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Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5568) DOC ID: 5568
Updated: 11/14/2025 9:36 AM by Susan Gauthier Page 1
CENTRAL TOWING AND TRANSPORT AGREEMENT AMENDMENT - Authorize the City Manager, or Her Designee, to execute an amendment to the agreement with Central Towing and Transport to Add $180,000 for a Total Not-to-Exceed Amount of $280,000 over five years.

Contact Persons:

Name: Diane Brasil Sean Washington
Title: Police Business Manager Police Chief
Div/Dept: Police Department Police Department
Phone: 510-790-6816 510-790-6969
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to recommend that the City Council authorize the City Manager, or designee, to execute an amendment to an existing agreement with Central Towing and Transport to add additional funding for the remainder of the agreement term.

BACKGROUND: The City entered into a five-year agreement with Central Towing and Transport on August 16, 2023, to provide police-initiated vehicle towing and storage services for the Fremont Police Department, in the interest of preserving public safety. The agreement is for an amount not to exceed $100,000 for a five-year term.

DISCUSSION/ANALYSIS: In 2024, the Fremont City Council directed staff to assess policy options to restrict large vehicles from parking near City schools and parks. With the parking restrictions in place, the department has seen an increase in the number of large vehicles subject to impounding, including Recreational Vehicles (RVs) and Boats longer than 15 feet. These large vehicles are reimbursable to the operator for the cost of proper disposal, up to $2,500 per vehicle. Central Towing and Transport is one of the towing companies that has the capacity to tow, store, and dismantle these large vehicles.

The increase in vehicles towed by Central Towing and Transport has resulted in the department fully expending the authorized $100,000 prior to the completion of the five-year agreement term. The department reimbursed $11,500 in FY 2023/24, $64,205 during FY 2024/25, and $19,390 to date in the current fiscal year. The rise in vehicle impounds is attributed to increased enforcement activity and a higher number of large vehicles throughout the city.

To continue towing and storage services without interruption, an amendment to the existing agreement will be necessary. Based on the annual towing volume and expenditures during FY 2024/25, an increase of $180,000 is recommended for the remainder of the agreement term which expires August 2028. This adjustment will ensure sufficient funding to support ongoing operations and maintain compliance with vehicle impound requirements.

FISCAL IMPACT: The proposal is to increase the agreement by $180,000, for a total not- to-exceed amount of $280,000 over the five-year agreement term. The additional cost of the amendment will be absorbed in the Police Department’s General Fund budget.

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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 as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

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Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5587) DOC ID: 5587
Updated: 11/14/2025 9:31 AM by Susan Gauthier Page 1

FREMONT FIRE FIGHTERS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1689 (IAFF) MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Fire Fighters, International Association of Fire Fighters, Local 1689 (IAFF)
Contact Persons:

Name: Tina Gallegos Brian Stott
Title: Human Resources Director Assistant City Manager
Div/Dept: Human Resources City Manager's Office
Phone: 510-494-4652 510-494-4660
E-Mail: [email protected] [email protected]

Executive Summary: In November 2025, following completion of the meet-and-confer process, the City of Fremont (City) and the Fremont Fire Fighters, International Association of Fire Fighters, Local 1689 (IAFF) concluded labor negotiations for a successor Memorandum of Understanding (MOU). The bargaining unit consists of 126 members, including Fire Fighters, Fire Engineers, and Fire Captains. The proposed successor MOU incorporates modest compensation and health-benefit allowance increases (inclusive of a parity clause), along with non-economic clarifying language edits. Additionally, the Staff Assignment Premium provision of the MOU was revised to address Fire Department operational needs by allowing paramedics to retain their paramedic pay while on a staff assignment, which will have a minor economic impact. All other substantive provisions of the MOU remain unchanged. The effective date of the successor MOU will be November 16, 2025 (the start of the first full pay period following IAFF ratification), through June 30, 2026.

BACKGROUND: The City’s MOU with IAFF expired on June 30, 2025. Following multiple negotiation sessions, the City presented its Last, Best, and Final Offer (LBFO) to IAFF on October 17, 2025. On November 11, 2025, IAFF members voted to accept the City’s LBFO, and thus the parties have reached a tentative agreement for a successor MOU. California Government Code Section 3505.1 requires the City Council to vote on the proposed successor MOU at a duly noticed public meeting.

DISCUSSION/ANALYSIS: The significant changes in the proposed successor MOU include:

1. Employee Compensation:
a) Effective the start of the first full pay period following IAFF ratification of the tentative agreement, IAFF members will receive a base wage increase of

1.3%.

2. Health Benefit Allowance:
a) Effective the first of the month following IAFF ratification of the tentative agreement, the unit’s health benefit allowance will be increased by $100 per month (from $2,700 per month to $2,800 per month).

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b) Effective January 1, 2026, the unit’s health benefit allowance will be increased by an additional $100 per month (from $2,800 per month to $2,900 per month).

3. Staff Assignment Premium
a) Effective the first of the month following IAFF ratification, IAFF members that are licensed as paramedics will continue to receive paramedic premium pay while on Staff Assignments (typically related to recruit Fire Training Academies).

4. Parity or “Me Too”:
a) If, during the term of this Memorandum of Understanding, the City grants an across-the-board wage increase to another bargaining unit greater than the

1.3% provided in Article 2, Section 2.1, the City agrees to extend the equivalent general wage increase to all IAFF classifications listed in Appendix A. This provision does not apply to increases that are the result of any market equity increases or increases based on internal relationships (e.g., compaction). This provision will sunset at 11:59 p.m. on June 30, 2026.

b) If during the term of this Memorandum of Understanding, the City grants a larger Health Benefit Allowance increase to another bargaining unit, the same allowance shall be granted to IAFF classifications listed in Appendix A.

FISCAL IMPACT:

1. Compensation Increase:
a) Fiscal Year 2025/26 Anticipated Fiscal Impact: $369,586

2. Health Benefit Allowance:
a) Fiscal Year 2025/26 Anticipated Fiscal Impact: $123,278

3. Staff Assignment Premium:
a) Fiscal Year 2025/26 Anticipated Fiscal Impact: $27,665

Staff will return to the City Council with recommended adjustments to the FY 2025/26 Adopted Budget reflecting the terms of the approved MOU.

ENVIRONMENTAL REVIEW: The proposed approval of a successor MOU 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 having 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.

LINKS: None.

ATTACHMENTS:
• IAFF Resolution 2025

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RECOMMENDATION: Adopt a resolution approving the tentative agreement reached with the Fremont Fire Fighters, International Association of Fire Fighters Local 1689 (IAFF) for a successor MOU and authorizing the City Manager to execute an MOU for the period of November 16, 2025, through June 30, 2026, between the City of Fremont and the IAFF.

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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF FREMONT APPROVING A MEMORANDUM , OF

UNDERSTANDING BETWEEN THE CITY OF FREMONT

AND FREMONT FIRE FIGHTERS, INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS , LOCAL 1689 (IAFF)
FOR A TERM , EFFECTIVE NOVEMBER 16, 2025 ,
THROUGH JUNE 30, 2026.

WHEREAS, the Fremont Fire Fighters, International Association of Fire Fighters , Local 1689 (IAFF) and the City of Fremont have expressed a desire to continue their bargaining relationship as governed by the California Government Code Section 3500, et seq.; and

WHEREAS the parties have met and conferred in good faith in accordance with California Government Code Section 3500, et seq.; and

WHEREAS, such meetings have resulted in an agreement of a successor Memorandum of Understanding (“MOU”) for the period of November 16, 2025, through June 30, 2026.

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

SECTION 1. The City Council approves the tentative agreement reached with IAFF for a successor MOU as outlined in the staff report dated November 18, 2025, and incorporated herein by this reference.

SECTION 2 . The City Council authorizes the City Manager to execute a successor MOU effective November 16, 2025, through June 30, 2026, and to implement the terms of the successor MOU.

ADOPTED, November 18, 2025, by the City Council of the City of Fremont, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: IAFF Resolution 2025 (5587 : FREMONT FIRE FIGHTERS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1689 (IAFF) Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5588) DOC ID: 5588
Updated: 11/14/2025 9:28 AM by Susan Gauthier Page 1

FREMONT BATTALION CHIEFS, INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 1689 (IAFF-BC) MOU - Consideration of a Resolution Approving a Successor Memorandum of Understanding with the Fremont Battalion Chiefs, International Association of Firefighters, Local 1689 (IAFF-BC) Contact Persons:

Executive Summary: In November 2025, following completion of the meet-and-confer process, the City of Fremont (City) and the Fremont Battalion Chiefs, International Association of Firefighters, Local 1689 (IAFF-BC) concluded labor negotiations for a successor Memorandum of Understanding. The bargaining unit consists of six (6) members who are Fire Battalion Chiefs. The proposed successor MOU contains the following changes from the prior agreement term: modest compensation and health-benefit allowance increases (inclusive of a parity clause). The remaining substantive provisions of the MOU are unchanged. The effective date of the successor MOU will be November 16, 2025 (the start of the first full pay period following notification of IAFF-BC ratification), and it will expire on June 30, 2026.

BACKGROUND: The City’s current MOU with IAFF-BC expired on June 30, 2025. The City’s negotiating team met and conferred with IAFF-BC representatives regarding a successor agreement. Following multiple negotiation sessions, the City presented its Last, Best, and Final Offer (LBFO) to IAFF on October 17, 2025. On November 11, 2025, IAFF members voted to accept the City’s LBFO, and thus the parties have reached a tentative agreement for a successor MOU. California Government Code Section 3505.1 requires the City Council to vote on the proposed successor MOU at a duly noticed public meeting.

DISCUSSION/ANALYSIS: The significant changes in the proposed successor Memorandum of Understanding include:

1. Employee Compensation:
a) Effective the start of the first full pay period following IAFF-BC ratification of the tentative agreement, IAFF-BC members will receive a base wage increase of 1.3%.

2. Health Benefit Allowance:
a) Effective the first of the month following IAFF-BC ratification of the tentative agreement, the unit’s health benefit allowance will be increased by $100 per month (from $2,700 per month to $2,800 per month).

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b) Effective January 1, 2026, the unit’s health benefit allowance will be increased by an additional $100 per month (from $2,800 per month to $2,900 per month).

3. Parity or “Me Too”:
a) If, during the term of this Memorandum of Understanding, the City grants a general, across-the-board wage increase to another bargaining unit greater than 1.3% provided in Article 2, Section 2.1, the City agrees to extend the equivalent general wage increase to IAFF-BC. This provision does not apply to increases as a result of any market equity increases or increases based on internal relationships. This provision will sunset at 11:59 p.m. on June 30, 2026.

If during the term of this Memorandum of Understanding, the City grants a larger Health Benefit Allowance increase to another bargaining unit, the same allowance increase shall be granted to IAFF-BC.

FISCAL IMPACT:

1. Compensation Increase:
a) Fiscal Year 2025/26 Anticipated Fiscal Impact: $21,787

2. Health Benefit Allowance
a) Fiscal Year 2025/26 Anticipated Fiscal Impact: $21,592

Staff will return to the City Council with recommended adjustments to the FY 2025/26 Adopted Budget reflecting the terms of the approved MOU.

LINKS: None.

ATTACHMENTS:
• IAFF-BC Resolution 2025

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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF FREMONT APPROVING A MEMORANDUM , OF

UNDERSTANDING BETWEEN THE CITY OF FREMONT

AND FREMONT BATTALION CHIEFS, INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS, LOCAL 1689 (IAFF -
BC) FOR A TERM , EFFECTIVE NOVEMBER 16, 2025 ,
THROUGH JUNE 30, 2026.

WHEREAS, the Fremont Battalion Chiefs, International Association of Fire Fighters, Local 1689 (IAFF-BC) and the City of Fremont have expressed a desire to continue their bargaining relationship as governed by the California Government Code Section 3500, et seq.; and

WHEREAS the parties have met and conferred in good faith in accordance with California Government Code Section 3500, et seq.; and

WHEREAS, such meetings have resulted in an agreement for a successor Memorandum of Understanding (“MOU”) for the period of November 16, 2025, through June 30, 2026.

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

SECTION 1. The City Council approves the tentative agreement reached with IAFF -BC for a successor MOU as outlined in the staff report dated November 18, 2025, and incorporated herein by this reference.

SECTION 2 . The City Council authorizes the City Manager to execute a successor MOU effective November 16, 2025, through June 30, 2026, and to implement the terms of the successor MOU.

ADOPTED, November 18, 2025, by the City Council of the City of Fremont, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: IAFF-BC Resolution 2025 (5588 : FREMONT BATTALION CHIEFS, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5571) DOC ID: 5571
Updated: 11/13/2025 7:15 AM by Dina Lewis Page 1
2025 CALIFORNIA BUILDING STANDARDS CODE ADOPTION - Public Hearing (Published Notice), Waive Second Reading and Adopt Ordinances Adopting by Reference and Amending the 2025 California Building Standards Code and Adopting by Reference Certain Appendix Chapter of the 2025 California Building Standards Code and Adopting by Reference and Amending the 2024 International Swimming Pool and Spa Code and the 2024 International Property Management Code, and Adoption of the Resolution Containing Supporting Findings and Determinations.

Contact Persons:

Name: Mike Wayne Joel Pullen
Title: Building Official Community Development Director Div/Dept: Community Development Community Development
Phone: 510-494-4487 510-494-4436
E-Mail: [email protected] [email protected]

Executive Summary: The State of California adopts a set of new construction codes every three years, referred to as the California Building Standards Codes (CBSC), with the next cycle of updates to become effective January 1, 2026. The purpose of this agenda item is to adopt, by reference, the new 2025 CBSC with certain administrative and technical amendments, and to adopt specific findings related to local climatic, geological and topographical conditions that support the proposed local amendments. The ordinance was introduce by the City Council at its November 4, 2025 meeting.

BACKGROUND: This cycle of California Building Standards Code (CBSC) updates contains the 2025 California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historic Building Code, California Fire Code, California Existing Buildings Code, California Green Building Code, and California Residential Code. As part of this code adoption, staff also recommends adopting by reference the 2024 International Swimming Pool and Spa Code and the 2024 International Property Maintenance Code with amendment. The purpose of this agenda item is to amend the 2025 CBSC that automatically becomes effective January 1, 2026, with certain administrative provisions and technical provisions based on Fremont’s local conditions.

The City Council introduced the ordinance at the regular City Council meeting on November 4, 2025. The staff report, ordinance, and proposed findings contain detailed descriptions of the specific local climactic, geological and topographical conditions that support the proposed local amendments.

DISCUSSION/ANALYSIS: In order for the City to adopt local amendments, it must adopt specific detailed findings justifying the need for the local amendments. The City must file the findings with the California Building Standards Commissions.

Resolution of Local Condition Findings: Health and Safety Code Sections 17958, 17958.5 and 17958.7 require the City Council to make findings regarding local climatic, geological

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Council Staff Report (ID # 5571) Meeting of November 18, 2025 Updated: 11/13/2025 7:15 AM by Dina Lewis Page 2
and topographical conditions before adopting local amendments to the California Building Standards Code. The proposed findings are enclosed with this staff report.

The proposed findings specify the local climatic, geological and topographical conditions that support changes in the building codes. The proposed amendments to the Building Standards Codes are based primarily on earthquake, soil, and climatic conditions.

FISCAL IMPACT: The costs associated with the application and administration of the building standards in the City of Fremont are funded by user fees paid by developers with the exception of Code Enforcement, which is supported by the General Fund. The proposed code adoption would not change the current cost for these services and would not require any additional General Fund contribution.

ENVIRONMENTAL REVIEW: The City Council determines that this ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) 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), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS:
• Draft Ordinance - 2025 Building Code Update
• Draft Resolution - 2025 Building Code Update

RECOMMENDATION:

1. Hold a public hearing.

3. Adopt the attached resolution making findings that the amendments to the 2025 California Building Standards Code are reasonably necessary because of local conditions.

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Ordinance XX-2025 1 of 49

ORDINANCE NO. XX-2025

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FREMONT ADOPTING BY REFERENCE, WITH AMENDMENTS: (1)
THE 20 25 CALIFORNIA TITLE 24 CODES ( BUILDING,

MECHANICAL, PLUMBING, ELECTRICAL, EXISTING BUILDING,

HISTORICAL BUILDING, ENERGY, RESIDENTIAL BUILDING,
GREEN BUILDING STANDARDS), (2) THE 2024 INTERNATIONAL POOL AND SPA CODE , AND (3) THE 20 24 INTERNATIONAL
PROPERTY MAINTENANCE CODE; AND REPEALING AND
REPLACING FREMONT MUNICIPAL CODE TITLE 15 - BUILDINGS
AND CONSTRUCTION , DIVISION 1 , FREMONT BUILDING

STANDARDS CODE

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

SECTION 1. DRAFTING SYNTAX
The Fremont Municipal Code (FMC) text adopting the local modifications is italicized in this ordinance to assist the reader in distinguishing between City of Fremont modifications to the California Building Standards Code and the FMC section text adopting the modifications.

Each section of the California Building Standards Code that is modified by the City of Fremont is listed. However, whole subsections may not be modified, and those unmodified subsections are indicated by the subsection number followed by “{CBC text not modified}” with the appropriate acronym for the specific Building Standards Code. The unmodified subsections are to be codified as written in the California Code. Each subsection that is deleted in its entirety by the City of Fremont is indicated by the subsection number followed by “deleted”.

SECTION 2. FMC CHAPTER 15.05 REPEALED AND REPLACED
Chapter 15.05 (General Provisions) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.05.010 Title.

This division shall be known and may be cited as the “Fremont building standards code” or “FBSC.” The Fremont building standards code consists of the California Building Standards Code, as codified in Title 24 of the California Code of Regulations, and as amended by this division.

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Sec. 15.05.020 Administration & Enforcement.
(a) The building and safety division is responsible for the administration and enforcement of the provisions of Title 15, Division 1, Chapters 15.05 through 15.30 and Chapters 15.40 through 15.49 of this code. “Building official” as referenced in this code means the building official.

(b) The fire prevention bureau, under the direction of the fire chief, is responsible for the administration and enforcement of the provisions of Chapter 15.35. “Fire marshal” as referenced in this division means the individual specified by the fire chief under Section

15.35.020(b).

Sec. 15.05.030 Permit Applications Pending as of December 31, 2025.

The provisions of this division shall take effect on January 1, 2026, except that where complete working drawings, plans, structural designs and specifications for buildings have been filed for building permits before this date, permits may be issued based on the previous ordinances and codes effective at the time of filing, and the applicant may proceed with the construction, provided physical construction is started within 365 days from the date of issuing the permit and continued to completion. Where construction has not commenced within 365 days of the issuance of a building permit which has been issued under any previous ordinance, no renewal or extension of such building permit shall be granted unless all of the requirements of the 2025 California Building Standards Code, as amended by the city of Fremont, are met.

Sec. 15.05.040 Findings.

The city council has adopted updated findings by resolution under Health and Safety Code Section 17958.7 for local modifications to the building standards contained in the 2025 California Building Standards Code based on local climatic, geological and topographical conditions as required by Health and Safety Code Sections 18941.5 and 17958.5.

Sec. 15.05.050 Violations.

A violation of any provision or failure to comply with any mandatory requirement of this division shall constitute an offense as set forth in Section 1.15.010. Each person, firm or corporation shall be charged with a separate offense for each and every day during any portion of which any violation of this division is committed, continued, or permitted by the person, firm or corporation and shall, upon conviction, be punished as set forth in Section 1.15.020.

It is hereby declared that any violation of this division constitutes a public nuisance, and in addition to any other remedies provided by this division for the enforcement of this division, the Fremont city attorney may bring a civil or criminal action to enjoin the violation of any provision of this division or pursue any other legal remedy.

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The remedies described in this division are cumulative and in addition to any other remedies available for a violation of this division.

Sec. 15.05.060 Duties are discretionary.

Notwithstanding any other provision of this title or any provision of the California Building Standards Code, whenever the words “shall” or “must” are used in establishing a responsibility or duty of the city, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish discretionary responsibility or duty requiring the exercise of judgment and discretion.

All inspections specified herein shall be at the discretion of the fire code official and nothing in the California Building Standards Code or in the Fremont Municipal Code shall be construed as requiring the city to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, neither the California Building Standards Code nor the Fremont Municipal Code shall be construed to hold the city or any officers, employees or representatives of the city responsible for any damage to persons or property by reason of making inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection.

Sec. 15.05.070 Appeals.

(a) Where the provisions of this title allow for a board of appeals, the board shall be the building appeals board created in chapter 2.20, article XVII.

(b) Pursuant to government code section 65913.3, an applicant for a post-entitlement permit under title 15 may appeal the determination that a post-entitlement permit is incomplete, denied or determined to be noncompliant only to the planning commission pursuant to chapter 18.300 as that chapter relates to the planning commission.

SECTION 3. FMC CHAPTER 15.10 REPEALED AND REPLACED

Chapter 15.10 (Fremont Building Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.10.010 Title.

This chapter shall be known and may be cited as the “Fremont building code” or “FBC” and will be referred to in this chapter as “this code.”

Sec. 15.10.020 Adoption of the 2025 CBC with Amendments.

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The 2025 edition of the California Building Code (“CBC”) as published by the International Code Council is adopted as the Building Code of the city of Fremont, California, as if fully set out in this chapter and is amended as provided in this chapter. A copy of the 2025 CBC shall be maintained on file in the office of the building official.

Sec. 15.10.030 Adoption of Certain 2025 CBC Appendices.

The following Appendices of the 2025 California Building Code are adopted by the city of Fremont. The remaining Appendices are not adopted.

(a) Appendix A (Employee Qualifications).

(b) Appendix C Group U (Agricultural Buildings).

(d) Appendix G (Flood-Resistant Construction).

(e) Appendix I (Patio Covers).

(f) Appendix Q (Emergency Housing), which shall apply so long as the chapter remains in effect, as it may be amended from time to time by the California Building Standard Commission, and during the pendency of a shelter crisis declaration.

Sec. 15.10.040 Adoption of 2025 CBC Chapter 1, Division II.

Chapter 1, Division II of the 2025 California Building Code is adopted by the city of Fremont and made a part of the Fremont Building Code, unless amended in this chapter. References to model codes in the adopted sections shall mean the corresponding California Codes as adopted by the city of Fremont.

Sec. 15.10.050 Amendment of 2025 CBC Section 101 (General).

Section 101 of the 2025 California Building Code is amended as follows:
101.4 -101.4.8 {CBC text not modified}
101.4.9 Green Building Standards. The provisions of the 2025 California Green Building Standards Code shall apply to all matters governing the “green building” related planning, design construction, operation, use and occupancy of newly constructed buildings.
101.4.10 Residential Buildings. The provisions of the 2025 California Residential Code shall apply to all matters governing the design and construction of detached, 1 and 2

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family dwellings, townhouses not more than 3 stories and separate means of egress, and structural accessory thereto.
101.4.11 Electrical. The provisions of the 2025 California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.12 Historical Buildings. The provisions of the 2025 California Historical Code Part 8 shall apply to the alteration, addition, and relocation to qualified historical buildings or properties.

Sec. 15.10.060 Amendment of 2025 CBC Section 104 (Duties and Powers of the Building Official).

Section 104 of the 2025 California Building Code is amended as follows:

104.1-104.9.1{CBC text not modified}

104.10 Authority to condemn building service equipment. Whenever the building official ascertains that any building service equipment regulated in the technical codes has become hazardous to life, health, property, or becomes unsanitary, he or she shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, whichever is appropriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective building service equipment after receiving such notice.

When such equipment or installation is to be disconnected, a written notice of the disconnection and causes therefore shall be given within 24 hours to the serving utility, the owner and occupant of such building, structure or premises.

When any building or the associated service equipment is maintained in violation of the technical codes and in violation of any notice issued pursuant to the provisions of this section, the building official may institute any appropriate action to prevent, restrain, correct, or abate the violation. The building official shall be authorized to affix an approved placard to said building or equipment stating the date, corrections required, address and allowable time for repairs if any. Damage or removal of said placard shall be a violation of this code.
104.11 Connection after order to disconnect. No person shall make connections from any energy, fuel or power supply nor supply energy or fuel to any building service equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of the equipment. 104.12 Authority having jurisdiction. Whenever the term “Authority Having Jurisdiction” is used, it shall be construed to mean the building official or his or her

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authorized representative.
104.13 Limits on repair/remodel for R-3 and U occupancies. When the scope of work for R-3 and U occupancies involves the removal or replacement of 50 percent or greater of the linear length of the walls of the building (exterior plus interior) and 50 percent of the roof within a 1-year period, the project shall be considered as new construction; and the entire building shall comply with all current codes including local ordinances. For automatic fire extinguishing system requirements, see FMC Section 15.35.150.

Sec. 15.10.070 Amendment of 2025 CBC Section 105 (Permits).

Section 105 of the 2025 California Building Code is amended as follows:

105.1 {CBC text not modified}
105.1.1 - 105.1.2 - deleted
105.2 Work exempt from permit
Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws which are enforced by the city of Fremont. Permits shall not be required for the following:

Building:

1. {CBC text not modified}

2. Wood fences not over 7 feet (2,134 mm) high or concrete or masonry wall not over 4 feet (1,219 mm) high when not subject to specific city of Fremont planning and zoning regulations.

3. {CBC text not modified}

4. {CBC text not modified}

5. {CBC text not modified}

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below and are not part of an accessible route, accessible parking spaces, or required exits.

7. Painting, papering, tiling, carpeting, cabinets (that do not have electrical, mechanical, or plumbing),countertop and similar finishes.

8. {CBC text not modified}

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9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

10. {CBC text not modified}

11. Swings and other playground equipment accessory to single detached 1- and 2-family dwellings and not considered a public playground.

12. {CBC text not modified}

13. {CBC text not modified}

Electrical:

1. {CBC text not modified}

2. {CBC text not modified}

3. {CBC text not modified}

4. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the Electrical Code.

5. Repair or replacement of motors, transformers and controls within fixed approved appliances of the same type and rating in the same location.

6. Temporary decorative lighting for residential dwellings.

7. Repair or replacement of current-carrying parts of any switch, contactor or control device.

8. Reinstallation of attachment plug receptacles, but not the outlet boxes thereof.

9. Replacement of any overcurrent device less than 1,200 amps of the same capacity in the same location.

10. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

11. Temporary wiring for experimental purposes in suitable experimental laboratories.

12. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

13. Low-energy power, control, and signal circuits of Classes II and III as defined in the Electrical Code.

14. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a

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public or private utility in the exercise of its function as a serving utility.

Gas: {CBC text not modified}

Mechanical: {CBC text not modified}
Plumbing: {CBC text not modified}
105.2.1 – 105.3.1 {CBC text not modified}
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 365 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one extension of time for an additional period not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated and accepted by the building official.
105.3.3 Who may be issued a permit. Permits shall be issued only to State licensed Architect, Engineer, or contractor or their respective authorized representative but only to the extent and to the work the person is licensed by the State of California to do so.

Exception: Permits may be issued to owners certifying proof of exemption under the exemptions specified in California Business and Professions Code Section 7044. 105.3.4 Withhold permit. The building official may withhold the issuance of a permit if the proposed work is in conjunction with construction requiring the issuance of a building permit where no building permit has been issued.
105.4 {CBC text not modified}
105.5 Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 365 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. The construction is deemed suspended or abandoned unless an inspection indicating substantial progress in construction has been requested every 180 days or sooner. Before work may resume on a construction project declared suspended or abandoned, a new permit must first be obtained. Where suspension or abandonment has not exceeded one year and no changes have been made or will be made to the original plans and specifications for the work, the renewal fee shall be 1/2 the amount required for a new permit for the work otherwise, the renewal fee shall be the full amount required for a new permit.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to perform work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances

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beyond the control of the permittee have prevented action from being taken. 105.6 {CBC text not modified}
105.7 Placement of Permit. The building permit, along with all plans and documentation approved by the building official, shall be kept on the site of the work until final approval has been granted by the building official.

105.8 Change of contractor or of ownership. A permit issued hereunder shall expire upon a change of ownership or a change of contractor regarding the building, structure or grading for which said permit was issued if the work thereon has not been completed, and a new permit shall be required for the completion of the work. If no changes have been made to the plans and specifications last submitted to the building official, no charge, other than the permit issuance fee and applicable State fees, shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the building official, a permit fee based upon the proposed changes may be levied.

105.9 Surrender of permit. If no portion of the work or construction covered by the issued permit has commenced, the permit holder may deliver such permit and approved documents to the building official with written request that such permit is to be canceled. The building official shall make note on the permit with or with like wording “Canceled at the request of the Permit holder.” Thereupon the permit and documents shall become null and void.

Sec.15.10.080 Amendment of 2025 CBC Section 107 (Construction Documents).

Section 107 of the 2025 California Building Code is amended as follows:

107.1 – 107.2.8 {CBC text not modified}

107.2.9 Required plat of survey. Any person, firm or corporation applying for a permit for the erection or construction of a building or structure, or moving an existing building to a new location shall, when required by the building official, file with the set of plans and specifications required by the foregoing provisions of this section a minimum of three copies of a plat of a survey of the property proposed to be improved by said building or structure, on which plat shall be delineated the accurate location of said proposed improvement and the grades at which it is to be constructed, the location of every existing building on the lot, all easements, utility locations and directions, existing curbs, sidewalks, and main sewers and the location of waterways, storm drains, inlets, and culverts affecting the lot. Said plat shall be drawn to a scale of not smaller than 20 feet to 1 inch, unless authorized by the building official, and shall show the contours at 1- foot intervals for predominant ground slopes between level and 4 percent and 5-foot contours for predominant ground slopes over four percent which contours shall extend to the center of the street when said street is unimproved, or to the curb line when the street is improved. All grades and contours shall be based on United States Coast and Geodetic

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Survey datum (mean sea level) except when authorized otherwise by the building official.

The survey shall have been made by a licensed land surveyor or registered civil engineer in the State of California and the map of said survey shall be signed and certified with their license or certificate number, and the property shall be located thereon by map or deed distance to the nearest street intersection. The exterior boundaries of said property shall be clearly outlined on the ground by appropriate permanent stakes or monuments.

The location of said stakes or monuments shall be shown on the survey map with elevations thereon.
107.3 {CBC text not modified}
107.3.1. Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Approved”.

One set of construction documents so reviewed shall be retained by the building official.

The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 107.3.2 – 107.5 {CBC text not modified}

Sec. 15.10.090 Amendment of 2025 CBC Section 109 (Fees).

Section 109 of the 2025 California Building Code is amended as follows:

109.1 {CBC text not modified}

109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule of fees established by resolution of the city council. Where issuance of a permit for the construction of part of a building or structure has been approved, the fees shall be established by resolution adopted by the city council. 109.3 Permit Valuations. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, including materials and labor, as well as all roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. 109.3.1 Plan review fees. When submittal documents are required by Section 107, a plan review fee shall be paid at the time of submitting the documents for plan review. Said plan review fee shall be as established by resolution of the city council.

The plan review fees specified in this section are separate fees from the permit fees

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specified in Section 109.2 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at the rate established by resolution of the city council.
109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, the fee for necessary permits shall be double the fee established by resolution of the city council.
109.4.1 An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
109.5. Related fees. The payment of the fee for the construction, alteration, removal of demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are established by resolution of the city council. 109.6 Refunds. The building official is authorized to establish a refund policy. As part of the policy, the building official may authorize refunding a portion of the fee equal to 80 percent of the permit fee paid, less the application fee and any services provided, when no work has been done under a permit issued in accordance with this code. 109.7 Additional plan review fees. Where plans are incomplete or changed so as to require additional plan checking, an additional plan checking fee shall be paid to the city based upon the value of construction of the proposed change or redesign. In establishing said fee, no allowance for a decreased valuation shall be permitted due to the replacement, omission or lessening of any member or portion of the building shown in the original plans. Said fee may be waived when in the opinion of the building official the additional fee is not warranted. No additional fees shall be charged for checking corrections required by the building official; except where excessive plan reviews beyond three review cycles are performed, additional fees may be levied as established by city council.

Sec. 15.10.100 Amendment to 2025 CBC Section 110 (Inspections).

Section 110 of the 2025 California Building Code is amended as follows:

110.1 – 110.6 {CBC text not modified}

110.6.1 Gas or electrical utilities. There shall be no clearance for connection of gas or

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electrical utilities until final building, electrical, plumbing, heating, air conditioning, security, and zoning inspections are made and approval has been given on any building sought to be connected to such utilities unless approval has first been obtained from the building official, as provided by the Temporary Certificate of Occupancy in Section 111.3.

110.7 Re-inspection fee. When re-inspection is required, an additional inspection fee shall be charged at the fee rate established by resolution of the city council.

110.8 Inspection Card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available the inspection record card issued by the building official such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained and available by the permit holder until final approval has been granted by the building official.

Sec. 15.10.110 Amendment of 2025 CBC Section 111 (Certificate of Occupancy).

Section 111 of the 2025 California Building Code is amended as follows:

111.1 {CBC text not modified}

Exception: Single-family homes, townhomes, and U occupancies. The final and signed building permit by the building inspector will act as a certificate of occupancy.

Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the codes or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of the codes or other ordinances of the jurisdiction shall not be valid.

111.1.1 Change in Use. Where a change of occupancy and use is proposed and approved by the building official, an inspection of the premises by the building official to determine that the provisions of Section 111.1 are met before issuance of said certificate is required. Said certificate of occupancy shall be obtained from the building official upon completion of an application for the certificate and the payment of a fee as established by resolution of the city council.
111.2 Certificate issued. After final inspection when it is found that the building or structure complies with the provisions of this code and other laws which are enforced by the city of Fremont, and, when required by the building official, the engineer or architect of record shall state, in writing, that based on field observation conducted by him or her, or his or her designee, the building or structure is in general conformance with the approved plan, then the building official shall issue a certificate of occupancy which shall contain the following:

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1. The building permit number.

2. The address of the building.

3. The name and address of the owner.

4. A description of that portion of the building for which the certificate is issued.

5. A statement that the described portion of the building complies with the requirements of this code for the group and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

7. The use and occupancy.

8. The type of construction.

9. The design occupant load.

10. Where an automatic sprinkler system is provided, whether the sprinkler system is required.

11. The edition of the code under which the permit was issued.

12. Any special stipulations and conditions of the building permit.

111.3 {CBC text not modified}
111.3.1 Limitations. An application for temporary certificate of occupancy must be obtained for connection of gas and electrical utilities. The required fees as established in a city of Fremont resolution shall be paid before the temporary certificate of occupancy is issued.
111.3.2 Discontinuance of temporary occupancy. In the event the building is not completed and ready for final inspection in the time prescribed by the building official, the building shall be vacated and the utilities disconnected until such time as the building is completed and final inspection is made and a certificate of occupancy is issued as set forth above.
111.4 {CBC text not modified}

Sec. 15.10.120 Amendment of 2025 CBC Section 112 (Service Utilities).

Section 112 of the 2025 California Building Code is amended as follows:

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112.1 Connection of utility service. No person shall make a connection from a source of electrical energy or fuel gas to any electric wiring system, gas piping system, device, appliance or equipment for the installation of which a permit is required, unless such wiring system, gas piping system, devices, appliance or equipment has first been inspected by the building official and found to comply with all applicable codes and ordinances of the city.

112.2 Temporary Connection. The building official shall have the authority to authorize the temporary connection to any electric wiring system, gas piping system, device, appliance or equipment to the utility source of energy, fuel or power. 112.3 Authority to disconnect utilities. The building official or his or her authorized representative shall have the authority to disconnect any utility service or energy supplied to the building, structure or building service equipment therein regulated by this code or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property, or where such connections have been made without the approval and required inspections. Work that has been performed without the benefit of building permits and inspections shall be considered to be a hazardous condition until otherwise verified. The building official shall whenever reasonably possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter. 112.4 All utility connections in areas prone to liquefaction shall be flexible and designed for differential settlement.

Sec. 15.10.130 Amendments of 2025 CBC Section 113 (Means of Appeals) and 114 (Violations).

Sections 113 and 114 of the 2025 California Building Code are deleted.

Sec. 15.10.140 Amendment to 2025 CBC Section 406 (Motor-Vehicle-Related Occupancies).

Section 406 of the 2025 California Building Code is amended as follows:

406.1 – 406.3.2 {CBC text not modified}

406.3.2.1 Dwelling unit separation. The private garage shall be separated from the dwelling unit and its attic area by means of gypsum board, not less than 5/8-inch (15.9 mm) thick Type X, or equivalent applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than a 5/8-inch (15.9 mm) Type X gypsum board or equivalent. Door openings between a private garage and the dwelling unit shall be equipped with either solid wood doors or solid or honeycomb core steel doors not less than 1 3/8 inches (34.9 mm) thick, or doors in compliance with

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Section 716.5.3 with a fire protection rating of not less than 20 minutes. Doors shall be self-closing and self-latching.
406.3.2.2 {CBC text not modified}
406.3.2.3 Garage flammable vapor ventilation. In enclosed private garages attached to R occupancies, provide 1 square foot of ventilation area located at the lower 12 inches of garage wall. Said ventilation areas shall be directly communicated with the exterior but shall not be installed where protection of openings is required. 406.3.3 – 406.9.3 {CBC text not modified}

Sec. 15.10.140 Amendment to 2025 CBC Section 903 (Automatic Sprinkler System).

Section 903 of the 2025 California Building Code is amended as follows:

903.1 General. Automatic sprinkler systems shall be provided as set forth in Section 903 of the California Fire Code as adopted and amended by FMC Section 15.35.150.

903.1.1 – 903.4.3 deleted

903.5 {CBC text not modified}

Sec. 15.10.150 Amendment to 2025 CBC Section 1507 (Requirements for Roof Coverings).

Section 1507 of the 2025 California Building Code is amended as follows:

1507.1 -1507.1.2 {CBC text not modified}

1507.1.3 Certification. The installer of the roof covering shall provide certification of the roof covering classification to the building owner and to the city when roof covering installation is subject to the 2025 California Wildland-Urban Interface Code Chapter 5.

Exceptions:

1. The certification requirements of this section shall not apply to any building which is subject to addition, repair, alterations, roof installation, or replacement of less than 50 percent of the existing building’s roof area over the life of the building commencing on or after the effective date of February 15, 1991.

2. For accessory building, refer to Section 105.2, Exception 1.

1507.2 – 1507.3 {CBC text not modified}
1507.3.1 Deck requirements. Concrete and clay tile shall be installed only over solid

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structural sheathing boards.

Exception: {CBC text not modified}
1507.3.2 – 1507.17.7 {CBC text not modified}

Sec. 15.10.160 Amendment to the 2025 CBC Section 1612 (Flood Loads).

Section 1612 of the 2025 California Building Code is amended as follows:

1612.1 – 1612.2 {CBC text not modified}

1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for Alameda County, California”, revision dated December 21, 2018, as amended, with the accompanying Flood Insurance Rate Map (FIRM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.

Exception: {CBC text not modified}
1612.3.1. – 1612.4 {CBC text not modified}

Sec. 15.10.170 Amendment to 2025 CBC Section 1803 (Geotechnical Investigations).

Section 1803 of the 2025 California Building Code is amended as follows:
1803.1 – 1803.1.1.5 {CBC text not modified}
1803.2 {CBC text not modified}
Exceptions: The following occupancies are exempt:

1. Group U occupancies;

2. Additions to R3 occupancies:

a. First floor additions;

a.1 Existing building has a continuous foundation (spread footing); and

a.2 New foundation dimensions at minimum meets requirements from CBC Table 1809.7 and are 15” embedded into undisturbed soil; and

a.3 Building site is not within seismic induced landslide hazard zone.

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b. First floor additions;

b.1 Existing buildings have pier and grade beam foundation system; and

b.2 New piers and grade beam system shall be designed by an Architect, Civil, or Structural engineer registered in the State of California; and

b.3 New piers shall be minimum of 16 inches in diameter, and eight feet in depth; and

b.4 Building site is not within seismic induced landslide hazard zone.

c. Second-story additions over existing structure;

c.1 The Architect or Engineer of Record certifies in writing that any new foundation type matches existing foundation; and

c.2 When an Architect, Civil or Structural engineer registered in the State of California provides the structural design; and

c.3 Building site is not within seismic induced landslide hazard zone.

3. A new soil report is not required when an existing soil report is available for the original construction of the existing structure and the soil engineer allows extension of the existing report for the proposed addition construction. An amended soil report is required to meet the investigated conditions (CBC Section 1803.5) and reporting requirements (CBC Section 1803.6).

4. Accessory Dwelling Units (ADU’s), accessory buildings, and minor additions may be exempted by the building official.
1803.3 – 1803.5.12 {CBC text not modified}
1803.6 {CBC text not modified}

1. – 11. {CBC text not modified}

12. Drainage and erosion control recommendations.

13. Minimum building setbacks to slope tops or toes.

14. Equivalent-fluid-density lateral loads used in design of retaining walls or basement walls.

15. Ground response evaluation by geologist licensed in California for:
a. Flexible structures located on site having soft to medium cohesion less soils in upper 50 feet and depth to bedrock is 400 feet or greater; and

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b. Structures having irregular shapes, framing systems, or other unusual features as determined by the building official.

16. Liquefaction evaluation for the following uses:
a. Subdivisions of Group R-3 occupancy having four units or more; b. Apartment or condominium complexes of Group R- 2 occupancy having 50 or more units;
c. Structure of four or more stories or over 35 feet high; d. Commercial, industrial, and institutional projects having 250 occupants or more; e. Essential facilities.

17. Slope stability evaluation in areas subject to localized or major landslides.

18. Surface rupture evaluation by geologist licensed in California for all projects for human occupancy located with a Geologic Hazards Special Studies Zone, as mapped by the California Division of Mines and Geology.

19. Soil corrosive analysis and long-term corrosion control design recommendations. 1803.7 {CBC text not modified}
1803.8 Review. Before issuing a permit for a building where soil and foundation investigation is required, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall state in writing (must be signed and stamped):

1. The plans and specifications substantially conform to the recommendations in the soil investigation.

2. The Geotechnical Engineer or Civil Engineer who prepared the soil investigation has been retained to provide soil site observation and provide periodic and final reports to the city.
1803.9 Field Report. Before requesting a foundation inspection from the city, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall provide a written field report stating:

1. The building pad was prepared and compacted in accordance with the soil report and specification.

2. The foundation or pier excavation, depth, backfill materials, and drainage (if applicable) substantially conforms with the soil report and approved plans. 1803.10 Final Report. Before final inspection for any building or structure, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall issue a

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final report stating the completed pad, foundation, finish grading, drainage, and associated site work substantially conforms to the approved plans, specifications, and investigation.

Sec. 15.10.180 Amendment to 2025 CBC Section 1809 (Shallow Foundations).

Section 1809 of the 2025 California Building Code is amended as follows:

1809.1 – 1809.2 {CBC text not modified}
1809.3 Stepped footings. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding 1 unit vertical in 10 units horizontal (10 percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than 1unit vertical in 10 units horizontal (10 percent slope).

For structures assigned to Seismic Design Category D, E or F, the stepping requirement shall also apply to the top surface of grade beams supporting walls.

Footings shall be reinforced with four No. 4 bars. Two bars shall be place at the top and bottom of the footings as shown in Figure 1809.3.

1809.4 – 1809.15 {CBC text not modified}

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Sec. 15.10.190 Amendment to 2025 CBC Section 1907 (Slabs-on-Ground).

Section 1907 of the 2025 California Building Code is amended as follows:

1907.1 {CBC text not modified}

1. – 2. {CBC text not modified}

3. Slabs shall have 6 x 6 x 10/-10 wire mesh or equal at mid-height. 1907.2– 1907.4.1 {CBC text not modified}

Sec. 15.10.200 Supplemental Building Codes.

The provisions of Fremont Municipal Code Title 15 (Buildings and Construction), Chapter 15.50 (Building Security) supplement the 2025 California Building Code as adopted by this chapter as provided in Penal Code §14051.

SECTION 4. FMC CHAPTER 15.15 REPEALED AND REPLACED
Chapter 15.15 (Fremont Mechanical Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.15.010 Title.

This chapter shall be known and may be cited as the “Fremont mechanical code” or “Fremont municipal mechanical code” or “FMMC” and will be referred to in this chapter as “this code.”

Sec. 15.15.020 Adoption of the 2025 CMC with Amendments.

The 2025 edition of the California Mechanical Code (CMC) as published by the California Building Standards Commission is adopted as the mechanical code of the city of Fremont, California, as if fully set out in this chapter, and is amended as set forth in this chapter. A copy of 2025 CMC shall be maintained on file in the office of the building official.

Sec. 15.15.030 2025 CMC Appendices Adopted.

The following Appendices and Divisions of the 2025 California Mechanical Code are adopted by the city of Fremont.

(a) Appendix B (Procedures to be Followed to Place Gas Equipment in Operation)

(b) Appendix C (Installation and Testing of Oil (Liquid) Fuel-Fired Equipment

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Sec. 15.15.040 2025 CMC Chapter 1, Division II is not Adopted.

Chapter 1, Division II of the 2025 California Mechanical Code is not adopted by the city of Fremont. Refer to FMC Chapters 15.05 and 15.10 for Administration and Enforcement requirements. References to model codes in the adopted sections shall mean the corresponding California Codes as adopted by the city of Fremont.

Sec. 15.15.050 Amendment of 2025 CMC Section 507 (Commercial Hoods and Kitchen Ventilation).

Section 507 of the 2025 California Mechanical Code is amended as follows:
507.0 – 507.3.1 {CMC text not modified}

507.3.2 Type I hoods or portions thereof penetrating a ceiling or furred space must conform to the grease duct enclosure requirements in Section 510.7. 507.3.3 Hoods less than 12 inches from a ceiling or wall shall be solidly flashed with materials of the same thickness as the hood as specified in Section 508.3. 507.4 – 507.7 {CMC text not modified}

Sec. 15.15.060 Amendment of 2025 CMC Section 510 (Exhaust Duct Systems).

Section 510 of the 2025 California Mechanical Code is amended as follows:

510.0 – 510.6.1 {CMC text not modified}
510.7 Interior Installations. In all buildings, the ducts shall be enclosed in a continuous enclosure extending from the lowest fire-rated ceiling or floor above the hood, through any concealed spaces, to or through the roof so as to maintain the integrity of the fire separations required by the applicable building code provisions. The enclosure shall be sealed around the duct at the point of penetration of the lowest fire-rated ceiling or floor above the hood in order to maintain the fire resistance rating of the enclosure and shall be vented to the exterior of the building through weather-protected openings.

510.7.1 – 510.10 {CMC text not modified}

SECTION 5. FMC CHAPTER 15.20 REPEALED AND REPLACED
Chapter 15.20 (Fremont Plumbing Code) of Fremont Municipal Code Title 15 (Buildings and

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Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.20.010 Title.

This chapter shall be known and may be cited as the “Fremont plumbing code” or “FPC” and will be referred to in this chapter as “this code.”

Sec. 15.20.020 Adoption of the 2025 CPC With Amendments.

The 2025 edition of the California Plumbing Code (CPC) as published by the California Building Standards Commission is adopted as the Plumbing Code of the city of Fremont, California, as if fully set out in this chapter, and is amended as set forth in this chapter. A copy of the 2025 CPC shall be maintained on file in the office of the building official.

Sec. 15.20.030 2025 CPC Appendices Adopted.

The following Appendices of the 2025 California Plumbing Code are adopted by the City of Fremont:

(a) Appendix A (Recommended Rules for Sizing the Water Supply System)

(b) Appendix B (Explanatory Notes on Combination Waste and Vent Systems)

Sec. 15.20.040 2025 CPC Chapter 1, Division II is not adopted.

Chapter 1, Division II of the 2025 California Plumbing Code is not adopted by the city of Fremont. Refer to FMC Section 15.05 and 15.10.040 for Administration and Enforcement requirements. References to model codes in the adopted sections shall mean the corresponding California Codes as adopted by the city of Fremont.

Sec. 15.20.050 Amendment of 2025 CPC Section 1211 (Electrical Bonding and Grounding).

Section 1211 of the 2025 California Plumbing Code is amended as follows:
1211.0 – 1211.7 {CPC text not modified}

Section 1211.8 Earthquake-Actuated Gas Shutoff Valves. Earthquake-actuated gas shutoff valves designed to automatically shut off the gas at the location of the valve in the event of a seismic disturbance and certified by the Stated Architect as conforming to California Code of Regulations, Title 24, Part 12, Chapter 12-16-1,

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shall be installed in all new buildings and in existing buildings that undergo alterations or additions that exceed $10,000.

SECTION 6. FMC CHAPTER 15.25 REPEALED AND REPLACED
Chapter 15.25 (Fremont Electrical Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.25.010 Title.

This chapter shall be known and may be cited as the “Fremont electrical code” or “FEC” and will be referred to in this chapter as “this code.”

Sec. 15.25.020 Adoption of the 2025 California Electrical Code With Amendments.

The 2025 edition of the California Electrical Code (CEC) as published by the California Building Standards Commission is adopted as the Electrical Code of the city of Fremont, California, as if fully set out in this chapter, and is amended as set forth in this chapter. A copy of the 2025 CEC shall be maintained on file in the office of the building official.

Sec. 15.25.030 Amendment of 2025 CEC Article 110 (General Requirements for Electrical Installations).

Article 110 of the 2025 California Electrical Code is amended as follows:

110.1-110.3(A)(1) {text not modified}

110.3(A)(2) Mechanical strength and durability, including, for parts designed to enclose and protect their equipment, the adequacy of the protection thus provided. Grounding electrodes, metallic raceways, or other metallic components of electrical systems, intended for direct contact with the earth shall be constructed of non-ferrous materials such as copper where highly corrosive conditions exist based on reports from a licensed soils engineer.

110.3(A)(3)-110.79 {text not modified}

SECTION 7. FMC CHAPTER 15.30 REPEALED AND REPLACED
Chapter 15.30 (Fremont Existing Building Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

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Sec. 15.30.010 Title.

This chapter shall be known and may be cited as the “Fremont existing building code” or “FEBC” and will be referred to in this chapter as “this code.”

Sec. 15.30.020 Adoption of the 2025 California Existing Building Code with Amendments.

The 2025 edition of the California Existing Building Code (CEBC) as published by the International Code Council is adopted as the Existing Building Code of the city of Fremont, California, without amendments, as if fully set out in this chapter. A copy of 2025 CEBC shall be maintained on file in the office of the building official.

Sec. 15.30.030 2025 CEBC Appendix Chapters Adopted.

The following Chapters and Divisions of the 2025 California Existing Building Code are adopted by the city of Fremont. The remaining Chapters are not adopted. (a) Appendix Chapter A3 (Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings).

Sec. 15.30.040 2025 CEBC Chapter 1, Division II is not Adopted.

Chapter 1, Division II of the 2025 California Existing Building Code is not adopted by the city of Fremont. Refer to FMC Sections 15.05 and 15.10.040 for Administration and Enforcement requirements. References to model codes in the adopted sections shall mean the corresponding California Codes as adopted by the city of Fremont.

Sec. 15.30.050 Amendment of 2025 CEBC Section 301 (Administration).

Section 301 of 2025 California Existing Building Code is amended as follows:
301.1 Applicability
The repair, alteration, change of occupancy, addition or relocation of all existing buildings shall comply with Section 301.2, 301.3 or 301.4. The provisions of Sections 302 through 309 shall apply to all alterations, repairs, additions, relocation of structures and changes of occupancy regardless of compliance method. Additions, alterations or repairs to an existing building or structure which are located within the Wildland-Urban Interface Fire Area shall comply with the requirements of FMC Section 15.10.230. [OSHPD 1R, 2, 4 and 5] Section 301.4 not permitted by OSHPD.

Exceptions: {CEBC text not modified}
301.1.1 – 301.4 {CEBC text not modified}

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Sec. 15.30.060 Amendment of 2025 CEBC Section 401 (General).

Section 401 of 2025 California Existing Building Code is amended as follows:

401.1 Scope.

Repairs to an existing building or structure which are located within the Wildland-Urban Interface Fire Area shall comply with the requirements of FMC Section 15.10.250.

Repairs to historic buildings and structures shall comply with Part 8, Title 24, C.C.R. [OSHPD 1R, 2, 4 & 5] Repairs to historic buildings not adopted by OSHPD. Repairs shall comply with the requirements in the California Building Code, Sections 1224.2, 1225.2, 1226.2, 1227.2 and 1228.2 for functional requirements as applicable.

Exceptions: {CEBC text not modified}
401.1.1 – 401.3 {CEBC text not modified}

Sec. 15.30.070 Amendment to 2025 CEBC Section 1004 (Fire Protection).

Section 1004 of 2025 California Existing Building Code is amended as follows:

1004.1{CEBC text not modified}
1004.2 Fire Protection for Change to a Higher-Hazard Category When a change of occupancy results in a structure being reclassified to a higher occupancy classification per Table 1011.5, an automatic fire extinguishing system shall be installed throughout the structure.

Table 1011.5-Means of Egress Hazard Categories
Relative Hazard Occupancy Classifications
1 (Highest Hazard) H (Not Allowed)
2 I-2, I-3, I-4 (Not Allowed)
3 A, E, M, R-1, R-2, R-4
4 B, F-1, R-3, S-1
5 (Lowest Hazard) F-2, S-2, U

SECTION 8. FMC CHAPTER 15.40 REPEALED AND REPLACED
Chapter 15.40 (Fremont Swimming Pool and Spa Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows.

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Sec. 15.40.010 Title.

This chapter shall be known and may be cited as the “Fremont swimming pool and spa code” and will be referred to in this chapter as “this code.”

Sec. 15.40.020 Adoption of the 2024 International Swimming Pool and Spa Code (ISPSC) with Amendments.

Chapters 2 through 3 and Chapters 7 through 11 of the 2024 edition of the International Swimming Pool and Spa Code (ISPSC) as published by International Code Council is adopted with amendments as the Swimming Pool and Spa Code of the city of Fremont, California, as if fully set out in this chapter and is amended as provided in this chapter. A copy of the 2024 ISPSC shall be maintained on file in the office of the building official.

Sec. 15.40.030 Amendment of the 2024 International Swimming Pool and Spa Code (ISPSC).

The text of the 2024 International Swimming Pool and Spa Code, as adopted and amended by Section 15.50.020, is further amended to conform to the 2025 California Building Standards Code and as recommended by the building official as follows:

The codes, standards and references in this code should be revised as follows:

Delete the following references Insert the following code references • International Building Code • 2025 California Building Code and 2025 California Residential Code
• International Mechanical Code • 2025 California Mechanical Code • National Electrical Code or NFPA 70 • 2025 California Electrical Code • International Fire Code • 2025 California Fire Code
• International Plumbing Code • 2025 California Plumbing Code • International Existing Building Code • 2025 California Existing Building Code • International Residential Code • 2025 California Residential Code • International Fuel Gas Code • 2025 California Plumbing Code

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Delete the following references Insert the following code references • International Energy Conservation
Code
• 2025 California Energy Code

Sec. 15.40.040 Amendment of the 2024 ISPSC Section 303 (Energy).

Section 303 of the 2024 ISPSC is amended as follows:

303.1 – 303.3 {ISPSC text not modified}

303.3.1 Operating time. The time switch or other control mechanism shall be installed as part of a pool water circulation control system that will allow all pumps to be set or programmed to run only during off-peak electric demand period, and for the minimum time necessary to maintain the water in the condition required by applicable public health standards.

303.4 Covers. Heated pools and outdoor spas shall be provided with a vapor retardant cover.

Exception: Where pools or spas deriving at least 60 percent of the annual heating energy from site solar or recovered energy.

Sec. 15.40.050 Amendment to 2024 ISPSC Section 305 (Barrier Requirements).

Section 305 of the 2024 ISPSC is amended as follows:

305.1 {ISPSC text not modified}

305.2 Outdoor swimming pools and spas. Other than those facilities regulated in Section 305.8, all outdoor pools and spas and indoor swimming pools shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.7.

305.2.1 – 305.8 {ISPSC text not modified}

305.9 Private swimming pools. Whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home, it shall be equipped with at least two of the following seven drowning prevention safety features:

1. The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 305.

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2. The pool shall incorporate removable mesh pool fencing that meets ASTM F 2286 in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.

3. The pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM F 1346.

4. The residence shall be equipped with exit alarms on those doors providing direct access to the pool.

5. All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1,372 mm) above the floor.

6. Swimming pool alarms that, when placed in pools, will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM F 2208 which includes surface motion, pressure, sonar, laser and infrared type alarms. For purposes of this section, "swimming pool alarms" shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water.

7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in Paragraphs1-4, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or ASME.

Exceptions:

1. This section does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as a private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted therefor by the State Department of Social Services.

2. Hot tubs or spas with locking safety covers that comply with the ASTM ES 13-89.

305.10 Enclosure. The enclosure for private swimming pools shall have all of the following characteristics:

1. Any access gates through the enclosure open away from the swimming pool and are self-closing with a self-latching device placed no lower than 60 inches (1,524 mm) above the ground.

2. A minimum height of 60 inches (1,524 mm).

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3. A maximum vertical clearance from the ground to the bottom of the enclosure of two inches (51 mm).

4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four inches (102 mm) in diameter.

5. An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.

Sec. 15.40.060 Amendment to 2024 ISPSC Section 311 (Suction Entrapment Avoidance).

Section 311 of the 2024 ISPSC is amended as follows:

311.1 {ISPSC text not modified}

311.2 Construction Requirements for building a pool or spa. Whenever a building permit is issued for the construction of a new private swimming pool or spa, the pool or spa shall meet all of the following requirements:

1. The suction outlet of the pool or spa for which the permit is issued shall be equipped to provide circulation throughout the pool or spa as prescribed in Paragraph 2.

2. The swimming pool or spa shall have at least two circulation drains per pump that shall be hydraulically balanced and symmetrically plumbed through one or more "T" fittings, and that are separated by a distance of at least three feet in any dimension between the drains. Suction outlets that are less than 12 inches across shall be covered with anti- entrapment grates, as specified in the ASME/ANSI Standard A 112.19.8, that cannot be removed except with the use of tools. Slots of openings in the grates or similar protective devices shall be of a shape, area and arrangement that would prevent physical entrapment and would pose any suction hazard to bathers.

3. Any backup safety system that an owner of a new swimming pool or spa may choose to install in addition to the requirements set forth in subdivisions (1) and (2) shall meet the standards as published in the document, "Guidelines for Entrapment Hazards: Making Pools and Spas Safer," Publication Number 363, March 2005, United States Consumer Products Safety Commission.

4. Whenever a building permit is for the remodel or modification of any existing swimming pool, toddler pool or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool or spa be upgraded so as to be equipped with an anti-entrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME).

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Authority: Health and Safety Code Section 18942(b)

Reference: Health and Safety Code Section 115928 AB 3305 (Statutes 1996, c.925); AB 2977 (Statutes 2006, c.926); AB 382 (Statutes 2007, c.596)

Sec. 15.40.070 Amendment to 2024 ISPSC Section 317 (Heaters)

Section 317 of the 2024 ISPSC is amended as follows:

317.1-317.2 {ISPSC text not modified}

317.2.1 (a) Certification by manufacturers. Heating systems and equipment shall be certified by the manufacturer that the heating system and equipment comply with the following:

1. Efficiency. A thermal efficiency that complies with the Appliance Efficiency Regulations in Title 20, Division 2, Chapter 4, Article 4 of the California Code of Regulations; and

2. Instructions. A permanent, easily readable and weatherproof plate or card that gives instruction for the energy efficient operation of the pool or spa heater and for the proper care of pool or spa water when a cover is used; and

3. Electric resistance heating. No electric resistance heating.

Exception 1 to Section 110.4(a)4: Listed package units with fully insulated enclosures, and with tight-fitting covers that are insulated to at least R-6.

Exception 2 to Section 110.4(a)4: Pools or spas deriving at least 60 percent of the annual heating energy from site solar energy or recovered energy.

317.2.1 (b) Installation. Any pool or spa system or equipment shall be installed with all of the following:

1. Piping. At least 36 inches of pipe shall be installed between the filter and the heater or dedicated suction and return lines, or built-in or built-up connections shall be installed to allow for the future addition of solar heating equipment.

3. Directional inlets. The swimming pool shall have directional inlets that adequately mix the pool water.

317.3 – 317.6.3 {ISPSC text not modified}

Sec. 15.40.080 Amendment to 2024 ISPSC Section 504 (Pumps and Motors).

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Section 504 of the 2024 ISPSC is amended as follows:

504.1 Emergency shutoff switch. One emergency shutoff switch shall be provided to disconnect power to circulation and jet system pumps and air blowers. Emergency shutoff switches shall be clearly labeled, and provided with access. Such switches shall be located within sight of the spa and shall be located not less than 5 feet (1,524 mm) but not greater than 10 feet (3,048 mm) horizontally from the inside walls of the spa.

504.1.1 -504.2{ISPSC text not modified}

SECTION 9. FMC CHAPTER 15.44 REPEALED AND REPLACED
Chapter 15.44 (Fremont Energy Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.44.010 Title.

This chapter shall be known and may be cited as the “Fremont energy code” or “FEnC” and will be referred to in this chapter as “this code.”
Sec. 15.44.020 Adoption of the 2025 California Energy Code.

The 2025 edition of the California Energy Code (CEnC) as published by the State of California is adopted without amendments as the Energy Code of the city of Fremont, California, as if fully set out in this chapter. A copy of the 2025 CEnC shall be maintained on file in the office of the building official.

SECTION 10. FMC CHAPTER 15.45 REPEALED AND REPLACED
Chapter 15.45 (Fremont Property Maintenance Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.45.010 Title.

This chapter shall be known and may be cited as the “Fremont property maintenance code” or “FPMC” and will be referred to in this chapter as “this code.”

Sec. 15.45.020 Adoption of the 2024 International Property Maintenance with Amendments.

The 2024 Edition of the International Property Maintenance Code as published by the International Code Council is adopted as the property maintenance code of the city of Fremont,

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California, as if fully set out in this chapter, and is amended as provided in this chapter. A copy of the 2024 FPMC shall be maintained on file in the office of the building official.

Sec. 15.45.030 2024 International Property Maintenance Code Appendix Adopted.

The following Appendix of the 2024 International Property Maintenance Code is adopted by the city of Fremont:

(a) Appendix A (Boarding Standard).

Sec. 15.45.040 Amendments of the 2024 International Property Maintenance Code.

The text of the 2024 International Property Maintenance Code, as adopted and amended by Section 15.45.020, is further amended to conform to the current California Building Standards Code and as recommended by the building official as follows:

Delete the following references Insert the following code references • International Building Code • Current California Building Code and current California Residential Code
• International Mechanical Code • Current California Mechanical Code • National Electrical Code • Current California Electrical Code • International Fire Code • Current California Fire Code • International Plumbing Code • Current California Plumbing Code • International Existing Building Code • Current California Existing Building Code • International Zoning Code • City of Fremont- Zoning Ordinance • International Fuel Gas Code • Current California Plumbing Code • Name of jurisdiction • City of Fremont
• Jurisdiction to insert appropriate
schedule
• Current fees that are established by resolution of the city council.
• Board of appeals • Hearing officer appointed by the city manager or designee
• Code Official or Health Official • Building Official

Sec. 15.45.050 Amendment of 2024 IPMC Section 102 (Applicability).

Section 102 of the 2024 IPMC is amended as follows:

102.1-102.8 {IPMC text not modified}

102.8.1 Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where conflicts occur

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between the provisions of this code and California Statutes, the provisions of the latter shall apply.

102.8.2-102.11 {IPMC text not modified}

Sec. 15.45.060 Amendment of 2024 IPMC Section 103 (Code Compliance Agency).

Section 103 Code Compliance Agency of the 2024 IPMC is amended as follows:

103.1 Creation of agency. The code enforcement division shall be responsible for the implementation, administration, and enforcement of the provisions of this code. The building official in charge of the Fremont building & safety division shall be known as the code official in this chapter.

103.2 {IPMC text not modified}

103.3 Deputies. The code official shall have the authority to appoint one or more deputies. Such employees shall have the powers as delegated by the code official.

Sec. 15.45.070 Amendment of 2024 IPMC Section 105 (Duties and Powers of the Code Official).

Section 105 of the 2024 IPMC is amended as follows:

105.1-105.2.3 {IPMC text not modified}

105.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by the code, provided that if such structure or premises is occupied, the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.

105.3.1 – 105.8.1 {IPMC text not modified}

Sec. 15.45.080 Amendment of 2024 IPMC Section 106 (Means of Appeal).

Section 106 of the 2024 IPMC is amended as follows:

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106.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code may appeal that decision, notice or order by filing an appeal with the city clerk within seven calendar days of the date of service of that decision, notice, or order. The appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. The appeal shall identify the real property, state the grounds for the appeal, and state all material facts in support of the appeal.

106.2 Notice of hearing. Notice of hearing and the hearing shall be conducted as provided for in Chapter 8.60, Sections 8.60.130 through 8.60.150.

106.3 Court review. Judicial review of the hearing officer’s decision shall be commenced in accordance with Cal. Code of Civil Procedure § 1094.6 no later than 90 calendar days after the decision is signed. Cal. Code of Civil Procedure § 1094.6 is hereby adopted for purposes of this Title. Review shall be in accordance with Cal. Code of Civil Procedure § 1094.5.

106.4 deleted

Sec. 15.45.090 Amendment of 2024 IPMC Section 107 (Violations).

Section 107 of the 2024 IPMC is amended as follows:

107.1 Unlawful acts. It is hereby declared to be unlawful and a public nuisance for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any premises, building, structure or building service equipment, or cause or permit the same to be done in violation of this code or this division.

107.2 Notice of violation. The code official shall serve a notice of violation in accordance with Section 109.4.

107.3 Prosecution of violation. Any person failing to comply with a notice of violation served in accordance with Section 109.4 shall be deemed guilty of a misdemeanor, but may be charged with an infraction at the discretion of the city attorney, or civil infraction enforceable under Chapter 1.20 as determined by the city and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate administrative, civil, or criminal proceeding to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of this code or of the order or direction made pursuant thereto.

107.4 Violation Penalties. Each day during any portion of which any violation of this ordinance is committed or continued by such person shall constitute a separate offense and shall be punishable as provided in this code and Title 15.

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107.5 Abatement of violation. The city may abate a violation of this code pursuant to the abatement process set forth in Chapter 8.60.

Sec. 15.45.100 Amendment of 2024 IPMC Section 108 (Stop Work Order).

Section 108 of the 2024 IPMC is amended as follows:

108.1 – 110.3 {IPMC text not modified}

108.4 Failure to comply. Any person who continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for civil penalties pursuant to Fremont Municipal Code Chapter 1.20.

Sec. 15.45.110 Amendment of 2024 IPMC Section 109 (Unsafe Structures and Equipment).

Section 109 of the 2024 IPMC is amended as follows:

109.1 Unsafe Conditions. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned and shall be posted and vacated in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal pursuant to the provisions of this code.

Sections 109.1.1 – 109.1.3 {IPMC text not modified}

109.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, occupied or maintained contrary to Title 15; or one that is partially constructed, reconstructed or demolished upon which work is abandoned. Work is deemed abandoned when there is no valid building or demolition permit.

Section 109.1.5 {IPMC text not modified}

109.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure boarded according to Appendix A or fenced, so as not to be an attractive nuisance and/or to prevent entry. Upon failure of the owner or owner’s authorized agent to board the premises within the time specified in the order, the code official shall cause the premises to be boarded and secured through any available public agency or by contract or arrangement by private persons and the cost for such boarding shall be a debt owed by the owner, shall be charged against the real property upon which the structure is located, shall be a lien upon such real property and shall be collected by any legal means.

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109.2.1 – 109.3 {IPMC text not modified}

109.4 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, the code official shall obtain a preliminary or survey title report as to the building, structure, or premises, which shall identify all owners of record, holders of mortgages, deeds of trust or other liens and encumbrances of record. The code official shall serve the persons listed in the preliminary or survey title report with notice described in Section 109.4.1 and 109.4.2 of this code. In addition, the notice shall be posted in a conspicuous place on or about the structure or premises affected by such notice. If the notice pertains to equipment, it shall be placed on the condemned equipment.

109.4.1 Form. Notice shall be in accordance with all of the following:

1. Be in writing, bearing title letters at least one-inch high reading “NOTICE AND ORDER TO ABATE NUISANCE.”

2. Include a description of the real property sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit, structure, or premises into compliance with the provisions of this code.

5. Inform the owner or owner’s authorized agent of the right to appeal and failure to appeal shall constitute a waiver of their right to an administrative hearing to contest the violation, nuisance determination, the civil penalty, or the abatement cost.

6. Include a statement of the city’s right to file a lien against the real property in accordance with FMC Chapter 8.60.

109.4.2 Method of service. Such notice shall be deemed to be properly served if a copy thereof is:

1. Delivered personally.

2. Sent by certified or first-class mail addressed to the property owner as listed on the last equalized assessment roll of the county recorder or owner as determined by the code official.

3. If the mailed notice is returned showing that the letter was not delivered, a copy of the notice shall be posted in a conspicuous place on, in or about the structure or premises affected by such notice.

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Proof of service of notices shall be certified at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the city. The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings taken under this chapter. 109.5 Unauthorized tampering. Signs, tags, placards, notices, or seals posted or affixed by the code official shall not be mutilated, destroyed, tampered with or removed without authorization from the code official.

109.6 – 109.7 {IPMC text not modified}

109.7.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action was based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code, applicable state law and Title 15.

109.8. Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who occupies a placarded premises or operates placarded equipment, and any owner, owner’s authorized agent or person responsible for the premises who lets anyone occupy a condemned premises or operate condemned equipment shall be liable for the penalties provided by this code and Title 15.

109.9{IPMC text not modified}

109.10 Recordation of notice and order. If the dangerous, damaged, condemned or substandard building is not repaired or demolished by the owner within the prescribed time(s), and no appeal has been properly and timely filed, the code official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a substandard building and (ii) that the owner has been so notified, if such recordation has not already been made during the course of the proceedings.

Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building described in the certificate, the code official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate.

Sec. 15.45.120 Amendment of 2024 IPMC Section 110 (Emergency Measures).

Section 110 of the 2024 IPMC is amended as follows:

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110.1 – 110.4 {IPMC text not modified}

110.5 Costs of emergency repairs. Costs incurred in the performance of emergency work may be paid by the city. Such costs shall be a debt owed to the city by the owner. The city attorney may institute appropriate legal action against the owner of the premises or the owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs.

110.5.1 Appeal. Once the emergency work has been completed, the owner may appeal the need for the emergency repairs and/or the costs for such work, in the manner provided in Sections 8.60.120 and 8.60.190 within seven calendar days after service according to Section 109.4 of this code of the statement of costs.

110.6 deleted.

Sec. 15.45.130 Amendment of 2024 IPMC Section 111 (Demolition).

Section 111 of the 2024 IPMC is amended as follows:

111.1 – 111.2 {IPMC text not modified}

111.3 Failure to comply. If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the code official may cause the structure to be demolished and removed according to the procedure for specific abatement of nuisance in Chapter 8.60.

111.4 {IPMC text not modified}

Sec. 15.45.140 Amendment of 2024 IPMC Section 202 (General Definitions).

The following definitions are amended or added to Section 202 of the 2024 IPMC. The remaining definitions are not modified.

INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reasons, including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, incapable of being moved under its own power or is prohibited from being operated on a public street or highway for any reason pursuant to the provisions of the California Vehicle Code.

TEMPORARY. Temporary shall mean buildings, facilities, or structures intended for use at one location for not more than six months for the purpose of this code only.

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Sec. 15.45.150 Amendment of 2024 IPMC Section 302 (Exterior Property Areas).

Section 302 of the 2024 IPMC is amended as follows:
302.1 Sanitation. The owner or authorized agent shall maintain the property exterior and premises in a clean, safe and sanitary condition. Such owner or authorized agent shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The occupant may also be held jointly and severally liable for causing or contributing violations of this section. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and prevent the accumulation of stagnant water thereon, or within any structure located thereon. Excess or concentrated drainage shall be contained on site or directed to the nearest practicable drainage facility approved by the code official.

Exception: Approved retention areas and reservoirs.
302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in proper state of repair, and maintained free from hazardous conditions. The owner or owner’s authorized agent of any building, lot or premises within the city shall maintain the sidewalks and/or walkways located upon such premises that are accessible to the general public and the public sidewalks between such premises and any adjacent public street or alley in a clean, safe sanitary, and in a proper state of repair, free from hazardous conditions. Maintenance shall include the removal and proper disposal of any unsightly or unsanitary conditions such as accumulations of garbage, refuse, rubbish, litter, dirt, gum or other sticky substances or items which have been dropped or spilled upon the sidewalks. 302.4 Weeds. No owner, authorized agent, lessee or occupant or other person having charge or control of any building, lot or premises within the city shall permit weeds exceeding six inches in height to remain or accumulate upon such premises or upon public sidewalks or streets or alleys between such premises and the centerline of any public street or alley. All noxious weeds shall be prohibited. Weeds shall be defined per Fremont Municipal Code Section 8.25.010.

Upon failure of the owner or authorized agent having charge of a premises to cut and destroy weeds after service of a warning notice of violation, they shall be subject to prosecution in accordance with Section 107.3 and as prescribed by the city. Upon failure to comply with the warning notice of violation, any duly authorized employee of the city or contractor hired by the city shall be authorized to enter upon the premises and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or authorized agent responsible for the premises. 302.5 – 302.7 {IPMC text not modified}
302.8 Motor vehicles {IPMC text not modified}

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Exception: An owner, authorized agent, lessee, or occupant of the premises may repair, wash, clean, or service personal property, provided they comply with Fremont Municipal Code Title 18 (Zoning Regulations) and any other applicable requirements or laws.
302.9 {IPMC text not modified}

Sec. 15.45.160 Amendment of 2024 IPMC Section 303 (Swimming Pools, Spas, and Hot Tubs).

Section 303 of the 2024 IPMC is amended as follows:

303.1 {IPMC text not modified}

303.2 Enclosures. Except as provided for in other regulations, private swimming pools, hot tubs, spas and ponds, containing water more than 18 inches (457 mm) in depth shall be completely surrounded by a fence or barrier 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced, changed or maintained in a manner that reduces its effectiveness as a safety barrier.

Exception: Pool fences or barriers that do not meet the above minimum requirements can remain as long as the fence or barrier complied with the building code provisions at time of building permit and passed the final inspection from the city.

Sec. 15.45.170 Amendment of 2024 IPMC Section 304 (Exterior Structure).

Section 304 of the 2024 IPMC is amended as follows:

304.1 – 304.2 {IPMC text not modified}

304.3 deleted.

304.4 – 304.13.2 {IPMC text not modified}

304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tight fitting screens of

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minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

304.15 Doors. All exterior doors, door assemblies, including weather stripping, thresholds and hardware, shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3.

304.16 Under-floor areas. Under-floor access doors and ventilation openings shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Doors shall be tight fitting and ventilation openings shall be properly screened with corrosion- resistant wire mesh with openings not exceeding 1/4 inch in any dimension or alternate approved materials pursuant to current CBC 1202.4.1.

304.17 – 304.18.1 {IPMC text not modified}

304.18.2 Windows. Operable windows located in whole or in part within 12 feet above ground level or a walking surface below that provides access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. Vacant/abandoned buildings shall provide internal window coverings to prevent easy view of the building interior.

304.18.3 – 304.19 {IPMC text not modified}

Sec. 15.45.180 Amendment of 2024 IPMC Section 309 (Pest Elimination).

Section 309 of the 2024 IPMC is amended as follows:

309.1 Infestation. All structures shall be kept free from insect, rodent and vermin infestation. When an insect, rodent or vermin infestation is brought to the attention of the code official, he or she may require the owner or agent having charge or control of the building, lot or premises to hire a licensed exterminator or other qualified professional to inspect the building, lot or premises and provide a written report verifying the presence and severity of such infestation including in the report a recommendation for proper extermination of the infestation. All structures in which insect, rodent or vermin infestations are found shall be promptly exterminated by approved processes that will not be injurious to human health. After the extermination of the infestation is complete, the code official may request a written notice from a licensed exterminator or other qualified professional attesting to the completion and success of the recommended extermination procedures. After the infestation is eliminated, proper precautions shall be taken to prevent reinfestation.

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309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure, and maintaining the structure and premises in a rodent or pest-free condition. The owner does not have to remedy the condition if it is caused by an occupant who substantially fails to maintain his occupied area of the structure or premises as “clean and sanitary as the condition of the structure or premises permits”, causes or contributes to the infestation in any substantial way, or interferes with the owner’s ability to remedy or exterminate the condition.

309.3 – 309.5 deleted.

Sec. 15.45.190 Amendment of 2024 IPMC Section 505 (Water System).

Section 505 of the 2024 IPMC is amended as follows:

505.1 – 505.3 {IPMC text not modified}

505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless the installation complies with Chapter 5 of the current California Plumbing Code and Section 904 of the current California Mechanical Code. An approved combination temperature and pressure- relief valve discharge pipe shall be properly installed and maintained on water heaters.

505.5 – 505.5.1 {IPMC text not modified}

Sec. 15.45.200 Amendment of 2024 IPMC Section 602 (Heating Facilities).

Section 602 of the 2024 IPMC is amended as follows:

602.1 {IPMC text not modified}

602.2 Residential occupancies. Dwellings shall be provided with approved, permanently installed heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms as measured per IPMC Section 602.5.

Cooking appliances, fireplaces, portable space heaters, or cord and plug-connected heating equipment shall not be used as a means to provide required heating.

602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:

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1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be 32°F.

602.4 deleted.

Sec. 15.45.210 Amendment of 2024 IPMC Section 604 (Electrical Facilities).

Section 604 of the 2024 IPMC is amended as follows:

604.1 – 604.2 {IPMC text not modified}

604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation including the improper use of extension cords as permanent wiring, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.

604.3.1 – 604.3.2.1 {IPMC text not modified}

Sec. 15.45.220 Amendment of 2024 IPMC Section 702 (Means of Egress).

Section 702 of the 2024 IPMC is amended as follows:

702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public right-of-way. Means of egress shall comply with the current California Building Code.

702.2 – 702.4 {IPMC text not modified}

SECTION 11. FMC CHAPTER 15.47 REPEALED AND REPLACED
Chapter 15.47 (Fremont Residential Building Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.47.010 Title.

This chapter shall be known and may be cited as the “Fremont Residential Building Code” or “FRBC” and will be referred to in this chapter as “this code.”

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Sec. 15.47.020 Adoption of the 2025 CRC with Amendments.

The 2025 edition of the California Residential Code (CRC) as published by the California Building Standards Commission is adopted with amendments as the Residential Code of the city of Fremont, California, as if fully set out in this chapter, and is amended as set forth in this chapter. A copy of the 2025 CRC shall be maintained on file in the office of the building official.

Sec. 15.47.030 Adoption of Certain 2025 CRC Appendices

The following Appendices of the 2025 California Residential Code are adopted by the city of Fremont. The remaining Appendices are not adopted.

(a) Appendix BB (Tiny Houses)

(b) Appendix BF (Patio Covers)

(d) Appendix BO (Existing Buildings and Structures)

(e) Appendix CI (Swimming Pool Safety Act)

(f) Appendix CJ (Emergency Housing)

Sec. 15.47.040 Administration of 2025 Residential Building Code.

Chapter 1, Division II of the 2025 California Residential Code is not adopted by the city of Fremont. Refer to Fremont Municipal Code Chapters 15.05 and 15.10for Administration and Enforcement requirements.

Sec. 15.47.050 Amendment of 2025 CRC Section R302 (Fire-Resistant Construction).

Section R302 of the 2025 California Residential Code is amended as follows:

R302.1 –R302.5 {CRC text not modified}
R302.5.1 Opening Protection {CRC text not modified} Exception: deleted R302.5.2 – R302.15 {CRC text not modified}

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Table R302.3.6 is amended as follows:

TABLE R302.3.6

DWELLING-GARAGE AND/OR CARPORT SEPARATION

SEPARATION MATERIAL
From the dwelling units and attics Not less than 5/8-inch Type X gypsum board or equivalent applied to the garage side
From portions of the dwelling unit above the
garage or carport
Not less than 5/8-inch Type X gypsum board
or equivalent
Structures supporting floor/ceiling assemblies
used for separation required by this section
Not less than 5/8-inch Type X gypsum board
or equivalent
Garages located less than 3 feet from a
dwelling unit on the same lot
Not less than 5/8-inch Type X gypsum board
or equivalent applied to the interior side of
exterior walls that are within this area

Sec. 15.47.060 Amendments to 2025 CRC Section R309
Section R309 of the 2025 California Residential Code is amended as follows:

R309.1 Townhouse automatic sprinkler systems. An automatic sprinkler system shall be installed in townhouses.

Exception: An automatic sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic sprinkler system installed unless as required by FMC Section 15.35.150.

R309.1.1 Design and Installation. Automatic sprinkler systems for townhouses shall be designed and installed in accordance with Section R309 and as amended by FMC Section 15.35.150.

R309.2 One (1)- and two (2)-family dwellings automatic sprinkler systems. An automatic sprinkler system shall be installed in one (1)- and two (2)-family dwellings.

Exception: An automatic sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with a sprinkler system unless as required by FMC Section 15.35.150.

R309.2.1 Design and Installation. Automatic sprinkler systems shall be designed and installed in accordance with Section R309 and as amended by FMC Section

15.35.150.

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R309.3 – R309.3.8.2 deleted

Sec. 15.47.070 Amendment to 2025 CRC Section R306 (Flood-Resistant Construction).

Section R306 of the 2025 California Residential Code is amended as follows:

R306.1.1 – R306.1.3 {CRC text not modified}

R306.1.4.1 Determination of design flood elevations. See FMC Section 15.10.160 for design flood elevation.

Sec. 15.47.080 Amendment to 2025 CRC Section R401 (General).

Section R401 of the 2025 California Residential Code is amended as follows:

R401.1 – R401.3 {CRC text not modified}

R401.4 Soil tests. Exception is added at end of the CRC text as follows:

Exception: Refer to FMC Section 15.10.170.

R401.4.1 Geotechnical evaluation. When permitted by the building official, in lieu of a complete geotechnical evaluation, the load-bearing values in Table R401.4.1(1) and the soil classifications in Table R401.4.1(2) shall be assumed.

R401.4.1.1 – R401.4.2 {CRC text not modified}

Sec. 15.47.090 Amendment to 2025 CRC Section R403 (Footings).

Section R403 of the 2025 California Residential Code is amended as follows:

R403.1 – R403.1.4 {CRC text not modified}
R403.1.5 Slope. The top surface of footings shall be level. The bottom surface of footings shall not have a slope exceeding 1 unit vertical in 10 units horizontal (10 percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footings or where the slope of the bottom surface of the footings will exceed 1 unit vertical in 10 units horizontal (10 percent slope).

For structures located in Seismic Design Categories D0, D1or D2, stepped footings shall be reinforced with four No. 4 rebar. Two bars shall be placed at the top and bottom of the footings as shown in Figure R403.1.5.

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R403.1.6 – R403.5{CRC text not modified}

Sec. 15.47.100 Amendment to 2025 CRC Section R606 (General Masonry Construction).

Section R606 of the 2025 California Residential Code is amended as follows:

R606.12.2.2.3:2 Vertical reinforcement. Vertical reinforcement shall consist of not less than one No. 4 bar spaced not more than 48 inches (1219 mm). Vertical reinforcement shall be located within 16 inches (406 mm) of the ends of masonry walls.

R606.12.2.3 - R606.14.2 {CRC text not modified}

SECTION 12. FMC CHAPTER 15.48 REPEALED AND REPLACED
Chapter 15.48 (Fremont Green Building Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.48.010 Title.

This chapter shall be known and may be cited as the “Fremont green building standards code” or “FGBC” and will be referred to in this chapter as “this code.”

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Sec. 15.48.020 Adoption of the 2025 California Green Building Standards Code The 2025 edition of the California Green Building Standards Code (CGBSC or CALGreen) as published by the State of California is adopted as the Green Building Code of the city of Fremont, California, as if fully set out in this chapter. A copy of the 2025 CGBSC shall be maintained on file in the office of the building official.

SECTION 13. FMC CHAPTER 15.49 ADDED
Chapter 15.49 (Fremont Historical Building Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is added to read as follows:

Sec. 15.49.010 Title.

This chapter shall be known and may be cited as the “Fremont historical building code” or “FHBC” and will be referred to in this chapter as “this code.”

Sec. 15.49.020 Adoption of the 2025 California Historical Building Standards Code.

The 2025 edition of the California Historical Building Code (CHBC) as published by the California Building Standards Commission is adopted without amendments as the Historical Building Code of the city of Fremont, California, as if fully set out in this chapter. A copy of the 2025 CHBC shall be maintained on file in the office of the building official.

SECTION 14. EFFECTIVE DATE

This ordinance shall take effect and be enforced beginning on January 1, 2026.

SECTION 15. CEQA
The City Council determines that this ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) 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), each as a separate and independent basis for CEQA compliance.

SECTION 16. 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. Such section, subsection, sentence, clause or phrase,

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instead, shall be superseded and replaced by the corresponding provisions, if any exist, of Title 24 of the California Code of Regulations. 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 17. PUBLICATION OF SUMMARY
The City Attorney has prepared a summary of this ordinance under Government Code Section 36933(c). The City Clerk has caused the summary to be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont for at least five days before the date of adoption. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 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 the ___ day of ___________ and finally adopted at a regular meeting of the City Council held on the ___ day of ______________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor
ATTEST:
________________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney

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Attachment: Draft Resolution - 2025 Building Code Update (5571 : 2025 CALIFORNIA BUILDING STANDARDS CODE ADOPTION) Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Public Projects

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5570) DOC ID: 5570
Updated: 11/14/2025 9:34 AM by Susan Gauthier Page 1
MORRISON CANYON ROAD STORM REPAIR PROJECT - Public Hearing (Published Notice) to Consider Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program Prepared and Circulated for the Morrison Canyon Road Storm Repair and Mitigation Project in Accordance with the Requirements of the California Environmental Quality Act; and Approval of the Project (PWC9105)
Contact Persons:

Name: Mirabel Aguilar Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4761 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the repair of Morrison Canyon Road in an area west of Ridge Terrace. During the severe storm events in early 2023, Morrison Canyon Road was damaged by rock and mudslides. A $4 million project to repair Morrison Canyon Road is being developed with funding from the Federal Emergency Management Agency (FEMA). This report recommends approval of environmental clearance to repair the damaged roadway, provide structural stabilization, and incorporate applicable hazard mitigation measures.

BACKGROUND: The purpose of the Morrison Canyon Road Storm Repair and Mitigation Project is to implement repairs and hazard mitigation measures along a section of Morrison Canyon Road, west of Ridge Terrace (a private driveway), that was heavily damaged during the extreme storm events of December 2022 and January 2023.

The scope includes repair of the damaged roadway, installation of a retaining wall to provide structural stabilization of the section of roadway, and installation of hazard mitigation measures intended to protect the roadway from potential future landslides and rockslides from the uphill slope.

DISCUSSION/ANALYSIS: In December 2022 and January 2023, a series of severe storms impacted large areas of California resulting in a “state of emergency” being declared and prompting support from the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (CalOES). The City has been coordinating with FEMA and CalOES to use public assistance disaster relief grants to fund the repair and mitigation costs associated with the damage sustained along Morrison Canyon Road.

The City engaged the services of EMC Planning Group, Inc. to facilitate the environmental clearance and regulatory agency permit coordination for the project. Final design for the project is on-going and expected to be completed by March 2026. Construction is anticipated to begin in June 2026 and with completion planned for Fall 2026.

At this time, staff recommends the City Council consider the potential environmental impacts, proposed mitigation measures, and approve the project.

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Council Staff Report (ID # 5570) Meeting of November 18, 2025 Updated: 11/14/2025 9:34 AM by Susan Gauthier Page 2

FISCAL IMPACT: For the Morrison Canyon Road Storm Repair and Mitigation Project (PWC9105), funds for environmental clearance, regulatory agency permits, and final design have been previously appropriated by the City Council in the amount of $665,000.

Additional funding required for construction will be appropriated at time of approval of the construction contract. It is anticipated that approximately 90% of total project costs will be available for reimbursement from FEMA and CalOES public assistance disaster relief funds.

The total estimated cost of the project is approximately $4 million.

ENVIRONMENTAL REVIEW:

Environmental Review and Mitigation Measures

Pursuant to the California Environmental Quality Act (CEQA), an Initial Study and Mitigated Negative Declaration (Exhibit “A”) have been prepared for this project. The environmental analysis identified concerns regarding potentially significant project impacts related to biological resources (from special-status plant species, Alameda Whipsnake, Worker Environmental Awareness Program (WEAP) requirements, Special-Status Amphibians, San Francisco Dusky-Footed Woodrat, Special-Status Bumblebees, Special-Status Bat Species, Protected Nesting Birds and Raptors, Sensitive Natural Communities, and Jurisdictional Wetlands/Waterways). These potentially significant impacts eliminate the possibility of project CEQA clearance through an exemption, but analysis has shown that they can be reduced to a less than significant level with mitigation.

The Mitigated Negative Declaration includes recommended mitigation measures, which, if adopted and implemented in accordance with staff’s recommendation, reduce all identified potentially significant impacts to less-than-significant levels. A summary of the mitigation measures includes the following: focused plant surveys, implementation of avoidance, minimization and compensatory mitigation measures for the aforementioned special-status species as required by U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW); and conducting environmental awareness training. These mitigation measures will be required to be implemented as conditions of approval for this project and are provided in the Mitigation Monitoring and Reporting Program (MMRP) included as part of Exhibit “B.” The MMRP outlines the process for implementation of the mitigation measures and responsibility for reporting.

Standard Measures Incorporated During Construction (Not Mitigation)

The City of Fremont has established standard development requirements to address resource protection (Fremont Municipal Code (FMC) Chapter 18.218). These requirements apply to air quality (construction-related emissions), cultural resources (notification of affiliated California Native American Tribes and procedures for accidental discovery of cultural resources), a construction management plan, and noise (construction-related noise best practices). The proposed project would comply with these standard development requirements which are described in greater detail in the relevant topical area of the Initial Study (Exhibit “A”).

Public Review and Coordination

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Council Staff Report (ID # 5570) Meeting of November 18, 2025 Updated: 11/14/2025 9:34 AM by Susan Gauthier Page 3
The Draft IS/MND was circulated for public review from September 2, 2025 to October 2, 2025, in accordance with the requirements of CEQA. Notice was mailed to property owners within 300 feet of the project site, immediately adjacent properties, and interested parties, and the documents were posted to the City’s environmental review webpage, the City’s Development Services Center and the State Clearinghouse in the Governor’s Office of Planning and Research. During the public review period, two letters were received from Union Sanitary District and Pacific Gas & Electric, acknowledging receipt of Initial Study.

Neither letter includes comments that raise environmental topics, as noted in the response to comments from EMC Planning Group (Exhibit C).

ATTACHMENTS:
• Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 • Exhibit B – Mitigation Monitoring and Reporting Program • Exhibit C – Morrison Canyon Road Response to Comments • Exhibit D - Draft Resolution - Morrison Canyon Rd MND

RECOMMENDATION: Approval of the following actions related to the Morrison Canyon Road Storm Repair and Mitigation Project:

1. Conduct the public hearing; and

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Final Mitigated Negative Declaration
Morrison Canyon Road
Storm Repair and Mitigation

August 27, 2025
Prepared by
EMC Planning Group

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FINAL MITIGATED NEGATIVE DECLARATION

MORRISON CANYON ROAD

STORM REPAIR AND MITIGATION

PREPARED FOR
City of Fremont Public Works Department
39550 Liberty St.

Fremont, CA 94538

PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Shoshana Lutz, Senior Planner
[email protected]
www.emcplanning.com
August 27, 2025

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR Mitigated Negative Declaration 1 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation August 2025

MITIGATED NEGATIVE DECLARATION
In Compliance with the
California Environmental Quality Act (CEQA)
Project Name Morrison Canyon Road Storm Repair and Mitigation Lead Agency City of Fremont
Project Proponent City of Fremont Public Works Department Project Location Morrison Canyon Road, City of Fremont
Project Description Proposed improvements consist of repairing the damage that occurred during the extreme storm events. The heavy rains saturated the adjacent uphill slope and downhill embankment, resulting in rockslides, debris, and landslides that damaged and fractured/cracked the pavement. Some sections of pavement (and curb) detached and slid into the downhill embankment.

The proposed repair project would consist of repairing the roadway and installing a soldier pile and lagging retaining wall on the downhill slope/embankment side to stabilize the slope and provide the stability necessary for the repair. To stabilize the uphill slope, the project proposes to install high strength wire mesh anchored by soil nails. Additionally, if damage is discovered in the buried culverts, the project would repair the damage, which would involve trenching of approximately 1-1.5 feet in width and approximately 3 feet in depth and replacing the pipe in-kind.

Public Review Period September 2, 2025 – October 2, 2025 Written Comments To Mark Hungerfod, Senior Planner
39550 Liberty St., Fremont, CA 94538

Proposed Findings The City of Fremont is the custodian of the documents and other material that constitute the record of proceedings upon which this decision is based.

The initial study indicates that the proposed project has the potential to result in significant adverse environmental impacts.

However, the mitigation measures identified in the initial study would reduce the impacts to a less than significant level. There is no substantial evidence, in light of the whole record before the lead agency (City of Fremont) that the project, with mitigation measures incorporated, may have a significant effect on the environment. See the following project-specific mitigation measures:

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Morrison Canyon Road Storm Repair and Mitigation August 2025 Mitigation Measures
Biological Resources
BIO-1 Focused Plant Surveys. During the peak blooming periods (June and August) for chaparral harebell, most beautiful jewel flower, and Congdon’s tarplant prior to ground disturbance, a biologist qualified in Alameda County botany shall conduct a focused survey of the proposed area of impact (including construction staging areas).

Surveys will be conducted in accordance with current CDFW and CNPS rare plant survey protocols (CDFW 2018 and CNPS 2001). The surveys will occur during the peak blooming period for each species to determine its presence or absence. Based on the known blooming periods of these special-status plant species, two surveys would be necessary to adequately survey the project site: the first in June, the second in August.

BIO-2 Alameda Whipsnake. The City of Fremont shall obtain an Incidental Take Permit from the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) for potential project impacts to Alameda whipsnake, and implement all avoidance, minimization, and compensatory mitigation measures required by these permits. The extent of protection measures will be finalized in Incidental Take Permits, including, but not limited to, the following:
a. Qualified project biologists approved by the USFWS and CDFW shall supervise and/or implement all species protection measures. Construction supervisors shall attend a training session regarding the protection measures (see Mitigation Measure BIO-3). Construction contracts shall expressly include language requiring compliance with protection measures.
b. At least 15 days prior to ground disturbance, the City of Fremont shall submit the name and credentials of the project biologists who would implement protective measures. No project activities shall begin until the City of Fremont has received written approval from the USFWS and CDFW that the project biologists are qualified to conduct the work.
c. The project biologists shall have the authority to halt construction work at any time to prevent harm to Alameda whipsnake or when any of the permit-specified protection measures have been violated. Work shall re-commence only when authorized by the project biologists. If work is stopped due to potential harm to protected species, the project biologists shall contact the USFWS and/or CDFW by telephone or email on the same day to communicate the event and coordinate appropriate action.
d. A project biologist shall be present during all initial ground disturbance activities; the biologist shall conduct biological construction monitoring in all work areas with potential to impact Alameda whipsnake. Before the start of work each day, a designated monitor shall check for wildlife under any equipment such as vehicles and

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Morrison Canyon Road Storm Repair and Mitigation August 2025 stored pipes within active construction zones that are fenced. A designated monitor shall also check all excavated steep-walled holes or trenches greater than one foot deep for trapped animals. If Alameda whipsnake is observed within an active construction zone, a project biologist shall be notified immediately and all work within 100 feet of the individual animal shall be halted and all equipment turned off until the animal has left the area on its own accord or the biologist has captured and removed the individual from the work area. Alameda whipsnake shall only be relocated to a USFWS /CDFW -approved off-site location according to permit specifications.
e. Special-status species shall be excluded from the project site by installing exclusionary fencing (i.e., silt fencing or other appropriate fencing) where possible.

This will prevent construction from expanding into natural areas and prevent any special-status species that may migrate through the site from becoming harmed during ground disturbing work. A USFWS and CDFW approved biologist will conduct weekly exclusionary fence inspections to ensure that any breaks in the fencing are repaired.

BIO-3 Worker Environmental Awareness Program (WEAP). Before construction activities begin, the qualified, approved project biologist(s) shall conduct a worker environmental awareness training session for all construction personnel. At a minimum, the training shall include a description of protected biological resources, species descriptions and habitat requirements, and general measures being implemented to protect sensitive resources during construction. Informational handouts with photographs clearly illustrating species appearances shall be used in the training session.

Training topics shall include special-status species with potential to occur on the project work sites as determined by final site plan impact boundaries and results of focused surveys. Species discussed shall include Alameda whipsnake, California red- legged frog, foothill yellow-legged frog, California tiger salamander, San Francisco dusky footed woodrat, special-status bumblebees, special-status bats, and nesting birds and raptors.

The training session shall include information about steps to take if a special-status species is encountered, including contact information for the biological monitoring staff and measures to protect species during construction. Additionally, the biological monitor shall be available to answer any questions about the special-status species. All new construction personnel shall undergo this mandatory worker environmental awareness training when they start work on the project. Training shall occur prior to the start of construction and periodically, as needed, if new construction personnel begin work at the project site. Each worker shall sign a statement that they received training and the statement shall be posted or easily available for viewing at the project site.

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Morrison Canyon Road Storm Repair and Mitigation August 2025 BIO-4 Special-Status Amphibians. The City of Fremont shall obtain an Incidental Take Permit from the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) for potential project impacts to California red‐legged frog, foothill yellow-legged frog and California tiger salamander, and implement all avoidance, minimization, and compensatory mitigation measures required by these permits. The extent of protection measures will be finalized in Incidental Take Permits, including, but not limited to, the following:
 Direct impacts to potential breeding habitat (Morrison Creek) will be avoided.  Ground‐disturbing activities within upland areas will be limited to dry weather between April 15 and October 31. No ground‐disturbing work will occur during wet weather. Wet weather is defined as when there has been 0.25 inch of rain in a 24‐hour period. Ground‐disturbing activities halted due to wet weather may resume when precipitation ceases and the National Weather Service 72‐hour weather forecast indicates a 30 percent or less chance of precipitation. No ground‐disturbing work will occur during a dry‐out period of 48 hours after the above referenced wet weather. If construction would need to continue past October 31, the applicant will request an authorization from USFWS and CDFW to extend the work period.
 Where applicable, exclusion fencing will be installed around the worksite to prevent amphibians from entering the work area. Exclusion fencing will be removed within 72 hours of completion of work.
 Before construction begins, a qualified biologist will locate appropriate relocation areas and prepare a relocation plan for special‐status amphibians that may need to be moved during construction. The proponent will submit this plan to USFWS and CDFW for approval prior to the start of construction.
 A qualified biologist will conduct preconstruction surveys immediately prior to ground-disturbing activities (including equipment staging, vegetation removal, and grading). The biologist will survey the work area and all suitable habitat within 300 feet of the work area. If relocation is deemed necessary, it will be conducted in accordance with the relocation plan.  If special‐status amphibians are found in the work area during construction and cannot or do not move off-site on their own, a USFWS and/or CDFW‐ approved biologist will trap and move special‐status amphibians in accordance with the relocation plan.
 No monofilament plastic mesh or line will be used for erosion control.

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Morrison Canyon Road Storm Repair and Mitigation August 2025  All construction activity will terminate 30 minutes before sunset and will not resume until 30 minutes after sunrise during the migration/active season from November 1 to June 15. Sunrise and sunset times are established by the U.S.

Naval Observatory Astronomical Applications Department for the geographic area where the project is located.
 To prevent inadvertent entrapment of special‐status amphibians during construction, all excavated, steep‐walled holes or trenches more than six inches deep will be provided with one or more escape ramps constructed of earth fill or wooden planks and will be inspected prior to being filled.  Work crews or an onsite biological monitor will inspect open trenches, pits, and under construction equipment and material left on-site in the morning and evening to look for amphibians that may have become trapped or are seeking refuge.

BIO-5 San Francico Dusky-Footed Woodrat. Prior to issuance of demolition and grading permits, a qualified biologist shall conduct preconstruction surveys for woodrat nests between 14 and 30 days prior to demolition or construction activities within 25 feet of wooded areas. If no nests are found, a letter report shall be prepared by the biologist and submitted to the City of Fremont, where it shall be kept on file, and no further measures are required.

If woodrat nests are observed, the nests shall be flagged for avoidance of direct impacts where feasible. If avoidance is not possible, the nest(s) shall be manually deconstructed and rebuilt when young are not present, typically during the non- breeding season (October through January). If it is determined that young may be present during the preconstruction survey, a suitable buffer (determined by the qualified biologist) shall be established around the nest until the young are independent enough to successfully move from the deconstructed nest. Once nest(s) have been deconstructed and woodrats have left the construction area, a letter report shall be prepared by the biologist and submitted to the City of Fremont, where it shall be kept on file.

BIO-6 Special-Status Bumblebees. Prior to construction activities a qualified biologist will conduct a pre-construction survey of small mammal burrows and thatched/bunch grasses for western bumble bee activity during the optimal flight period (April 1 – July 31). If the survey results are negative (i.e., no bumble bee activity observed), a letter report confirming absence will be prepared and submitted to the City of Fremont and no further mitigation is required.

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Morrison Canyon Road Storm Repair and Mitigation August 2025 checks or train a biological monitor selected from the construction crew by the construction contractor (typically the project foreman) to check the fencing/flagging and provide weekly updates. Documentation of the fencing/flagging installation shall be provided to the City prior to the start of ground disturbance activities.

Documentation of the weekly checks and timely maintenance (if needed) shall be provided to the City quarterly during construction.

If bumble bee nests are detected and the area cannot be avoided, the qualified biologist shall coordinate with CDFW to determine the appropriate method of relocation or eviction of the nests. After it has been confirmed that the habitat area is no longer occupied, a letter report will be prepared and submitted to the City of Fremont.

BIO-7 Special-Status Bat Species. The following measures shall be implemented to avoid loss of or harm to special-status bat species:

1. Prior to issuance of demolition and grading permits and approximately 14 days prior to any construction activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees or buildings within 50 feet of the construction easement. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features found during the survey shall be flagged or marked.

2. If no roosting sites or bats are found, a letter report shall be prepared by the biologist and submitted to the City of Fremont, where it shall be kept on file, and no further measures are required.

3. If bats or roosting sites are found, bats shall not be disturbed without specific notice to and consultation with CDFW.

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Morrison Canyon Road Storm Repair and Mitigation August 2025 young-rearing. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the CDFW) shall be established around the roosting site within which no construction activities shall occur until after the nursery season BIO-8 Protected Nesting Birds and Raptors. To avoid impacts to nesting birds and raptors during the nesting season (January 15 through September 15), all construction activities shall be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys. a. Two surveys for active bird nests shall occur within 14 days prior to start of ground disturbance, with the final survey conducted within 48 hours prior to ground disturbance. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. If no nesting birds are found, a letter report confirming absence shall be prepared and submitted to the City of Fremont and no further mitigation is required. b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g., defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report shall be prepared and submitted to the City of Fremont.

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Morrison Canyon Road Storm Repair and Mitigation August 2025 BIO-9 Sensitive Natural Communities. To minimize impacts to California bay woodlands, the project shall be designed to avoid impacts to riparian habitat to the extent possible. If impacts to California bay woodlands habitat cannot be avoided, the City of Fremont shall:

1. Mitigate for direct impacts to California bay woodlands at a 1:1 ratio through implementation of a Restoration Plan prepared by a qualified biologist/restoration ecologist. The plan shall include, but not be limited to, the following elements:
a. Erosion control measures shall be developed to protect the exposed slopes after grading. Construction measures including Best Management Practices (BMPs), time-of-year-restrictions, water pollution prevention, erosion control, and tree root protection shall be included to further minimize erosion and impacts to riparian and aquatic habitat. BMPs intended to reduce erosion of exposed soil into the bed and banks of the creek may include, but are not limited to, soil stabilization controls, silt fencing, and fiber rolls. Standard erosion control and slope stabilization measures shall be required for work performed in any area where erosion could lead to sedimentation of the creek.
b. A planting plan including measures to stabilize riparian slopes through revegetation shall be developed. Slope stabilization shall incorporate local, native California bay woodland understory species capable of increasing soil stability, and California bay replacement at a 3:1 ratio or another ratio provided by the City of Fremont. Species from the California Invasive Plant Council’s (Cal-IPC) Invasive Plant List (Cal- IPC 2025) shall be removed if present.
c. Maintenance and monitoring measures shall detail the maintenance, monitoring, and reporting required for the restoration of the site. The site shall be maintained and monitored for a minimum of five years after restoration to verify that restoration activities have been successful. Maintenance activities may include, but not be limited to, watering during the plant establishment period, supplemental seed planting as needed, and removal of non-native plants. Monitoring shall include, at a minimum, quarterly monitoring reports for the first year and annual reports for the remaining four years. The performance standard for successful mitigation shall be a minimum 3:1 tree replacement ratio achieved in year five of monitoring. If mortality of tree plantings reduces the survival to below the 3:1 ratio, replanting shall be implemented to ensure the successful establishment of native riparian habitats sufficient to achieve the required acreages.

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Morrison Canyon Road Storm Repair and Mitigation August 2025 BIO-10 Jurisdictional Wetlands/Waterways. Road work and asphalt block removal shall be designed to minimize impacts to the riparian woodland and waters to the extent feasible. Prior to ground disturbance, the extent of potential wetlands and waterways regulated by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and CDFW shall be determined (wetland delineation report), and regulatory agency consultations shall occur.
a. If impacts to a federally jurisdictional feature may occur as a result of the project, a Clean Water Act Section 404 Nationwide Permit (NWP) may be appropriate. If the proposed activity would not otherwise qualify for a NWP, the applicant shall proceed with obtaining an Individual Permit from the USACE. For either permit, a formal wetland delineation report shall first be submitted to the USACE for a jurisdictional determination. b. If impacts to wetlands or waters of the State may occur as a result of the project, the applicant shall coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification or Water Discharge Requirements Permit. If impacts to wetlands, riparian areas, or streams are identified, the applicant shall coordinate with the CDFW to obtain a Streambed Alteration Agreement.

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FINAL INITIAL STUDY

MORRISON CANYON ROAD

STORM REPAIR AND MITIGATION

PREPARED FOR
City of Fremont Public Works Department
39550 Liberty St.

Fremont, CA 94538

PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Shoshana Lutz, Senior Planner
[email protected]
www.emcplanning.com
August 27, 2025

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TABLE OF CONTENTS
A. BACKGROUND ..................................................................................................................... 1 B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ............................................. 13 C. DETERMINATION .............................................................................................................. 14 D. EVALUATION OF ENVIRONMENTAL IMPACTS ............................................................. 15

1. Aesthetics .............................................................................................................................. 17

2. Agriculture and Forest Resources...................................................................................... 19

3. Air Quality ............................................................................................................................. 21

4. Biological Resources ............................................................................................................ 26

5. Cultural Resources ............................................................................................................... 50

6. Energy .................................................................................................................................... 53

7. Geology and Soils ................................................................................................................ 55

8. Greenhouse Gas Emissions ............................................................................................... 59

9. Hazards and Hazardous Materials ..................................................................................... 60

10. Hydrology and Water Quality ............................................................................................ 62

11. Land Use and Planning ....................................................................................................... 64

12. Mineral Resources ................................................................................................................ 65

13. Noise ...................................................................................................................................... 66

14. Population and Housing ..................................................................................................... 68

15. Public Services ...................................................................................................................... 69

16. Recreation ............................................................................................................................. 70

17. Transportation ...................................................................................................................... 71

18. Tribal Cultural Resources ................................................................................................... 72

19. Utilities and Service Systems .............................................................................................. 73

20. Wildfire .................................................................................................................................. 75

21. Mandatory Findings of Significance .................................................................................. 77 E. SOURCES ............................................................................................................................. 79

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Appendices
Appendix A Project Plans
Appendix B CalEEMod Results
Appendix C Special-Status Species with the Potential to Occur in the Project Vicinity Appendix D Geotechnical Evaluation
Figures
Figure 1 Location Map ..................................................................................................................... 5 Figure 2 Aerial Map .......................................................................................................................... 7 Figure 3 Site Photographs ............................................................................................................... 9 Figure 4 Conceptual Plan ............................................................................................................... 11 Figure 5 Habitat Map ..................................................................................................................... 29 Figure 6 Special-Status Species Map ............................................................................................ 33 Tables
Table 1 Potentially Applicable Control Measures (2017 Clean Air Plan) ............................. 22 Table 2 Project Characteristics .................................................................................................... 23 Table 3 Unmitigated Construction Criteria Air Pollutant Emissions .................................... 24

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Section A Background 1 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 A. B ACKGROUND
Background/Setting
During the extreme storm events that occurred in December 2022/January 2023, an approximate 300-foot section of Morrison Canyon Road was severely damaged, and several drainage culverts along the roadway were buried by landslide and rock slide debris.

Morrison Canyon Road provides emergency vehicle access for two private residences that take access from a private street, Ridge Terrace Lane. The roadway is also used recreationally as a pedestrian and bicycle trail that provides access to the Vargas Plateau (a Regional Park).

Morrison Canyon Road runs east from Mission Boulevard in Fremont through Morrison Canyon. The roadway is paved but narrow, essentially one lane wide in most locations. Morrison Creek is located downslope of Morrison Canyon Road. The steep, adjacent hillsides upslope and downslope of the roadway are approximately ⅓:1 to 1:1 (horizontal to vertical). The slope ration in the hillside is approximately 2:1 H:V in most locations.

Ninyo & Moore, a geotechnical consultant for the City of Fremont, conducted a site reconnaissance on April 12, 2023, and observed the conditions of the landslides above and below Morrison Canyon Road. The locations of their observations were limited to an approximately 600-foot length of roadway, from just west of the Morrison Canyon Bridge extending east to just before the intersection of Morrison Canyon Road and Ridge Terrace Lane (a private road that provides access to two residences).

Project Title Morrison Canyon Road Storm Repair and
Mitigation
Lead Agency Contact Person
and Phone Number
Mark Hungerford, Senior Planner
(510) 494-4541
Date Prepared August 27, 2025
Study Prepared by EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Project Location Morrison Canyon Road, City of Fremont
Project Sponsor Name and Address City of Fremont Public Works Department 39550 Liberty St.

Fremont, CA 94538
General Plan Designation Open Space
Zoning Open Space (OS)

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Section A Background 2 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Rockfall deposits and landslide debris were observed covering the roadway and had heavily damaged portions of the pavement. Looking up to the adjacent hillside, the team observed adverse bedding of the bedrock. On the outboard edge of the roadway, downslope slides have encroached into the roadway and caused sections of pavement to detach. In addition, longitudinal tension cracks were observed in the pavement in an approximately 20-foot section along the roadway.

Project Location
The project site is located on a portion of Morrison Canyon Road, which in its entirety runs east from Mission Boulevard (State Route 238) in Fremont through Morrison Canyon. The City of Fremont is located at the southeast end of the San Francisco Bay, approximately 25 miles southeast of the City of San Francisco and approximately 15 miles north of the City of San Jose.

The project site (i.e., roadway) is located approximately 0.4 miles east of the eastern edge of Fremont’s urbanized area, approximately 0.75 miles east of State Route 238, approximately one mile southeast of State Route 84, and approximately 2.25 miles northwest of Interstate 680.

Figure 1, Location Map, presents the regional location of the project site. Figure 2, Aerial Map, illustrates the existing on-site and surrounding uses and other features. Figure 3, Site Photographs, shows representative conditions within and bordering the site.

Description of Project
Proposed improvements consist of repairing the damage that occurred during the extreme storm events. The heavy rains saturated the adjacent uphill slope and downhill embankment, resulting in rockslides, debris, and landslides that damaged and fractured/cracked the pavement. Some sections of pavement (and curb) detached and slid into the downhill embankment.

The roadway and hillside stabilization area, which is comprised of approximately 300 feet, and the location of all the culverts that may need repair can be seen on Figure 2. No tree removal or significant tree pruning is anticipated.

Figure 4, Conceptual Plan, presents the proposed roadway and slope improvements.

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Section A Background 3 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Other Public Agencies Whose Approval May Be Required
 U.S. Fish and Wildlife Service
 California Department of Fish and Wildlife
 United States Army Corps of Engineers
 Regional Water Quality Control Board
Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determi nation of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
The City sent out offer letters of consultations to the Native American tribes traditionally and culturally affiliated with the project area on March 4, 2025 and one response was received via email on March 7, 2025 from the Wilton Rancheria Tribe. The Tribe indicated they had no comments on the project and did not request consultation (Mark Hungerford, email message, July 29, 2025).

Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.

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Section A Background 4 EMC Planning Group
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Project Site
Fremont
Hayward
Milpitas
Source: ESRI 2014
Figure 1
Regional Map
Morrison Canyon Road Storm Repair and Mitigation Initial Study 0 2 miles
Project
Location
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Salinas
UV152Gilroy
Oakland
Fremont
San Jose
San
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Santa Cruz
§¨¦580
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§¨¦280
§¨¦680
UV1
Regional Location
§¨¦
680
§¨¦
680
§¨¦
680
§¨¦
880
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880
§¨¦
880
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UV84
UV84
UV238
UV238
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Section A Background 6 EMC Planning Group
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Canyon Heights Dr.

Ridge Terrace
Morrison Canyon Rd.

Morrison Canyon Rd.

Site 08Site 09
Site 10
Site 01
Site 03
Site 07
0 500 feet
Source: Alameda County GIS 2024,
Google Earth 2024
Figure 2
Aerial Map
Morrison Canyon Road Storm Repair and Mitigation Initial Study Roadway and Hillside Stabilization Improvements
!( Culvert Locations
Approximate Location of Existing Stream
Open Space
Open Space Residences
Residences
D
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Mo
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1 On Morrison Canyon Road facing east along the
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3 On Morrison Canyon Road facing east, upslope.2
On Morrison Canyon Road facing southwest,
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1 Photographs:

EMC Planning Group 2025
Source:

Google Earth 2025
Morrison Canyon Road Storm Repair and Mitigation Initial Study Site Photographs
Figure 3
Roadway and Hillside
Stabilization Improvements
Culvert Locations
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Morrison Canyon Road Storm Repair and Mitigation Initial Study Conceptual Plan
Figure 4
Source: CSG Consultants 2025Not To Scale
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Section B Environmental Factors Potentially Affected 13 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 B. E NVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.

☐ Aesthetics ☐ Greenhouse Gas Emissions ☐ Public Services ☐ Agriculture and Forestry
Resources
☐ Hazards & Hazardous
Materials
☐ Recreation
☐ Air Quality ☐ Hydrology/Water Quality ☐ Transportation ☐ Biological Resources ☐ Land Use/Planning ☐ Tribal Cultural Resources ☐ Cultural Resources ☐ Mineral Resources ☐ Utilities/Service Systems ☐ Energy ☐ Noise ☐ Wildfire
☐ Geology/Soils ☐ Population/Housing ☐ Mandatory Findings of Significance

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Section C Determination 14 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 C. D ETERMINATION
On the basis of this initial evaluation:
☐ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
☒ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
☐ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
☐ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
☐ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Mark Hungerford, Senior Planner Date

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Section D Evaluation of Environmental Impacts 15 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 D. E VALUATION OF ENVIRONMENTAL IMPACTS

1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors, as well as general standards (e.g., the project would not expose sensitive receptors to pollutants, based on a project- specific screening analysis).

2. All answers must take account of the whole action involved, including off-site as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.

4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level.

5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.

Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.

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Section D Evaluation of Environmental Impacts 16 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.

9. The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance

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Section D Evaluation of Environmental Impacts 17 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

1. A ESTHETICS
Except as provided in Public Resources Code Section 21099 (Modernization of Transportation Analysis for Transit-Oriented Infill Projects), would the project:

Comments:
a. According to the Final Environmental Impact Report State Clearinghouse Number: 2010082060 Fremont Draft General Plan Update (“General Plan EIR”), significant scenic resources in Fremont are the East Bay hills to the east and the wide, expansive view to the west of the San Francisco Bay and across the Bay to the Peninsula (City of Fremont 2011).

The proposed project involves repairing an existing, damaged road. The project does not include the development of any structures that would obstruct or have any adverse effect on a scenic vista.
b. T he nearest officially designated state scenic highway is State Route 84 located approximately 1.1 miles northwest of the project site (California Department of Transportation 2024). The project does not include the development of any structures that could have an adverse effect on scenic resources. Therefore, the proposed project would not substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Have a substantial adverse effect on a scenic vista? ☐ ☐ ☐ ☒ b. Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic
buildings within a state scenic highway?
☐ ☐ ☐ ☒
c. In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible vantage
points.) If the project is in an urbanized area, would
the project conflict with applicable zoning and other
regulations governing scenic quality?
☐ ☐ ☐ ☒
d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the
area?
☐ ☐ ☐ ☒

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Section D Evaluation of Environmental Impacts 18 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 c. The project site is located within a non-urbanized area. The project includes the repairing of an existing, damaged road and stabilizing the hillsides. No structures are proposed and the use and visual character of the area is not changing. Therefore, the project would not substantially degrade the existing visual character or quality of public views of the site and its surroundings.
d. The proposed project does not involve new sources of light or glare and, therefore, would not adversely affect day or nighttime views in the area.

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Section D Evaluation of Environmental Impacts 19 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

2. A GRICULTURE AND FOREST RESOURCES
In determining whether impacts on agricultural resources are significant environmental effects and in assessing impacts on agriculture and farmland, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:

Comments:
a. The project site, which is an existing roadway, is located within land designated as Grazing Land (California Department of Conservation 2024). Therefore, the project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
☐ ☐ ☐ ☒
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
☐ ☐ ☐ ☒
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
☐ ☐ ☐ ☒
d. Result in the loss of forest land or conversion of
forest land to non-forest use?
☐ ☐ ☐ ☒
e. Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland to nonagricultural use or
conversion of forest land to non-forest use?
☐ ☐ ☐ ☒

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Section D Evaluation of Environmental Impacts 20 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 b. Land east of State Route 238, largely in the “Hill Face” and “Hill” areas are under Williamson Act contracts as “Non-Prime” agricultural land (City of Fremont 2011a, p. 6-35). The project site is zoned Open Space (OS) and has a General Plan designation of both Open Space-Hill (beyond Ridgeline) and Open Space-Hill Face. Therefore, the project would not conflict with existing zoning for agricultural use.

The proposed project involves repairing Morrison Canyon Road and includes associated stabilizing activities on the hillsides. Morrison Canyon Road is not located within a Williamson Act contract; however, the upslope land identified for the stabilizing activities is located within a nonrenewal enrollment status (California Department of Conservation 2025). This means that the area is within a Williamson Act contract, but the property owner has submitted a Notice of Nonrenewal to terminate the contract. The land is still subject to all the requirements of the contract until it expires, which is typically nine years from when the notice was submitted.

Nonetheless, due to the nature of the proposed project being a repair project, the project would not conflict with a Williamson Act contract.
c. The General Plan EIR states that there are no forest lands within Fremont and the potential loss of timberlands does not apply (City of Fremont 2011a, p. 4-291). Therefore, the project would not conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
d. There are no forest lands within Fremont (City of Fremont 2011a, p. 4- 291). Therefore, the project would not result in the loss of forest land or conversion of forest land to non- forest use
e. There are no forest lands within Fremont (City of Fremont 2011a, p. 4- 291). The project will repair the damage to an existing roadway and provide additional stabilizing activities for the safety of future use of the roadway. Therefore, the project would not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to nonagricultural use or conversion of forest land to non-forest use

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Section D Evaluation of Environmental Impacts 21 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

3. A IR QUALITY
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.

Would the project:

The project is located in the San Francisco Bay Air Basin (“air basin”), which is within the jurisdiction of the Bay Area Air Quality Management District (“air district”). The discussion in this section is based primarily on the air district’s California Environmental Quality Act Air Quality Guidelines (2022) (“CEQA Guidelines”) and the Spare the Air Cool the Climate A Blueprint for Clean Air and Climate Protection in the Bay Area – Final Clean Air Plan (2017a) (“Clean Air Plan”), as well as the results of emissions modeling using the California Emission Estimation Model (CalEEMod) version 2022.1.

Comments:
a. The air district has primary responsibility for assuring that national and state ambient air quality standards are attained and maintained in the air basin. CEQA requires that proposed projects be analyzed for conflicts with applicable air quality plans. An air quality plan describes air pollution control strategies to be implemented by a town, city, county, or region classified as a non-attainment area. The main purpose of an air quality plan is to bring the area into compliance with the requirements of federal and state ambient air quality standards.

Attainment status can be found on the air district’s website (2017b). The air basin is currently in nonattainment for both federal and state ozone standards, as well as state standards for coarse particulate matter (PM
10) and fine particulate matter (PM2.5). For all
other state and federal ambient air quality standards, the air basin is either classified as in attainment or unclassified.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Conflict with or obstruct implementation of the
applicable air quality plan?
☐ ☐ ☐ ☒
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
nonattainment under an applicable federal or state
ambient air quality standard?
☐ ☐ ☒ ☐
c. Expose sensitive receptors to substantial pollutant
concentrations?
☐ ☐ ☐ ☒
d. Result in other emissions, such as those leading to
odors adversely affecting a substantial number of
people?
☐ ☐ ☐ ☒

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Section D Evaluation of Environmental Impacts 22 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 On April 19, 2017, the air district adopted the 2017 Clean Air Plan, which fulfills the mandate required through the Clean Air Act for nonattainment areas, including updated emissions inventory, precursor demonstration, and the demonstration that best available control measure requirements continue to satisfy regional air quality standards. There are 85 control measures in the Clean Air Plan, many of which are applicable only for industrial or regional implementation. The air quality plan control measures that potentially apply to the proposed project are presented below in Table 1, Potentially Applicable Control Measures (2017 Clean Air Plan) along with a brief consistency analysis to determine how the project either does or does not implement each measure.

Table 1 Potentially Applicable Control Measures (2017 Clean Air Plan) Control Measure Number
and Name
Consistency Analysis
SS36 – Particulate Matter from
Trackout
Consistent. This measure addresses mud/dirt and other solid track-out from construction, landfills, quarries and other bulk material sites, that result in particulate emissions. As this is a City-sponsored project, it is assumed that the project would comply with the standard development requirements as stated in the City’s Municipal Code Section 18.218.050.C, requires all visible mud or dirt track-out onto adjacent public roads to be removed using wet power vacuum street sweepers at least once per day.

SS38 – Fugitive Dust Consistent. This measure addresses particulate matter emissions from construction, landfills, quarries and other bulk material sites. As this is a City-sponsored project, it is assumed that the project would comply with the standard development requirements stated in the City’s Municipal Code Section 18.218.050, which requires that all proposed development projects implement the air district’s construction measures to reduce construction-related fugitive dust and exhaust emissions.

SOURCE: Bay Area Air Quality Management District 2017; City of Fremont 2024; EMC Planning Group 2025 Implementation of the control measures described above ensures that the proposed project would be consistent with the 2017 Clean Air Plan. Therefore, construction of the proposed project would not conflict or obstruct implementation of the applicable air quality plan.
b. The six most common and widespread air pollutants of concern, or “criteria pollutants,” are ground-level ozone, nitrogen dioxide, particulate matter, carbon monoxide, sulfur dioxide, and lead. In addition, reactive organic gases (ROG), also referred to as volatile organic gases (VOC), are a key contributor to the criteria air pollutants because they react with other substances to form ground-level ozone. Health effects from prolonged exposures to criteria air pollutants include asthma, bronchitis, chest pain, coughing, and heart diseases.

The air district is responsible for monitoring air quality in the air basin, which is designated under state criteria as a nonattainment area for ozone, as well as both PM 10 and PM2.5. Under federal criteria, the air basin is at nonattainment for (8-hour standard) for ozone and PM2.5. The air district has developed criteria pollutant emissions thresholds of significance, which are used to determine whether or not a proposed project would violate an air quality standard or contribute to an existing violation.

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Section D Evaluation of Environmental Impacts 23 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Road repair projects generate criteria air pollutant emissions during construction, primarily from activities such as excavation, paving, material transport, and construction equipment. However, once construction is complete, these projects do not generate long- term emissions. For this reason, only criteria pollutants generated during construction were quantified and evaluated against air district thresholds.

CalEEMod can be used to quantify construction emissions from linear projects, such as roadway repairs using default construction activities. The model accounts for equipment usage, worker trips, material transport, and fugitive dust generation specific to linear infrastructure projects. An “unmitigated” model run was completed to yield estimates of construction emissions in the absence of mitigation measures that otherwise might be required. The model accounts for uniformly applied existing regulatory measures that reduce emissions. The CalEEMod results are included in Appendix B. Model inputs include the type and size of the proposed project using CalEEMod default inputs as shown in Table 2, Project Characteristics.

Table 2 Project Characteristics
Proposed Project CalEEMod Default Subtype1 Size Metric
Road Repair Road Construction 0.06 miles
SOURCE: CalEEMod version 2022.1, CSG Consultants, Inc. 2025 NOTES:

1. CalEEMod default subtype. Descriptions of the model default land use categories and subtypes are found in the User’s Guide for CalEEMod Version 2022.1 available online at: https://caleemod.com/user-guide.

Unless otherwise noted, data inputs to CalEEMod are based on the following primary assumptions:
 Construction start date will be June 2026 (a different start date would not measurably affect the model);
 Road repairs will take place over approximately 300 feet or 0.06 miles;  The predominate soil type is weathered rock/earth; and  Construction activities occur over approximately 100 work days.

Construction activities are temporary sources of potential air quality impacts that, depending on the scale of the project, commonly occur over limited time periods.

Construction emissions have the potential to impact local air quality and/or pose localized health risks. Localized health risks are discussed under checklist question “c” of this section of the initial study. Construction emissions include equipment exhaust, fugitive dust generated during grading, and ozone precursor emissions from the application of architectural coatings and paving materials. The project includes removal of roadway debris, roadway repairs, and stabilization of the adjacent hillside. The primary sources of construction emissions will be excavation, material transport, and repaving activities on the damaged roadway.

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Section D Evaluation of Environmental Impacts 24 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Table 3, Unmitigated Construction Criteria Air Pollutant Emissions, provides a comparison of the air district thresholds of significance to the forecast construction emission values. Construction emissions volumes are projected to be well below the air district thresholds of significance.

Table 3 Unmitigated Construction Criteria Air Pollutant Emissions Emission
Reactive Organic
Gases (ROG)
Nitrogen
Oxides (NOx)
Particulate
Matter
(PM10 Exhaust)
Fine Particulate
Matter
(PM2.5 Exhaust)
Average Daily
Emissions 0.6 5.3 0.2 0.2
Air District
Thresholds

54.0 54.0 82.0 54.0
Exceeds
Threshold? No No No No
SOURCE: EMC Planning Group 2025, CalEEMod version 2022.1, Bay Area Air Quality Management District 2022 NOTES:

1. Values are expressed in pounds per day.

For all projects, the air district recommends implementation of basic best management practices for construction listed in Table 5-2 of the 2022 CEQA Guidelines. Compliance with the basic best management practices is required for individual projects to have a less than significant impact from construction-generated fugitive dust emissions.

The City’s Municipal Code Section 18.218.050 outlines development requirements for construction related emissions (City of Fremont 2024). These regulations mandate implementation of best management practices to mitigate potential adverse impacts on air quality, particularly concerning fugitive dust emissions, consistent with the air district guidelines for construction related impacts. Conformance with the regulations is required and would ensure that construction-related emissions impacts are less than significant. c. Sensitive receptors refer to those segments of the population most susceptible to poor air quality. Children, the elderly, and the chronically or acutely ill are the most sensitive population groups that are most susceptible to adverse effects of air pollution. These sensitive receptors are commonly associated with specific land uses such as residential areas, elementary schools, retirement homes, and hospitals.

Toxic air contaminants (TACs) are pollutants that may be expected to result in an increase in mortality or serious illness or may pose a present or potential hazard to human health. Health effects include cancer, birth defects, neurological damage, damage to the body's natural defense system, and diseases that lead to death. TACs are found in ambient air, especially in urban areas, and are caused by industry, agriculture, fuels combustion, and commercial operations (e.g., dry cleaners). Construction equipment and associated heavy-duty truck traffic generates diesel exhaust and PM

2.5 that poses health risks for

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Section D Evaluation of Environmental Impacts 25 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 sensitive receptors. Diesel particulate matter, which is a known TAC, is a component of diesel exhaust, which is the predominant TAC in urban air and represents about two- thirds of the cancer risk from TACs.

The location of a project is a major factor in determining whether a project will result in localized air quality impacts. The potential for adverse air quality impacts increases as the distance between the source of emissions and receptors decreases. From a health risk perspective, there are basically two types of projects that have the potential to cause long- term public health risk impacts: (1) projects that will place new toxic sources in the immediate vicinity of existing receptors, and (2) projects that will place new receptors in the vicinity of existing toxics sources.

TACs, such as diesel particulate matter, are commonly produced during construction related activities, generally resulting from projects that generate a significant volume of construction equipment and diesel truck traffic. The emissions generated during construction are considered to be “short-term” in the sense that they would be limited to the actual construction period. The air district recommends maintaining a 1,000-foot buffer between projects emitting TACs emissions and sensitive receptors to minimize potential health risks. The nearest sensitive receptors are residences located more than 1,000 feet southeast of the project site.

The proposed project is expected to generate minimal TAC emissions due to the limited scale and timeframe of construction activities. Furthermore, the project will occur in an undeveloped area of the City with no sensitive receptors within 1,000 feet. Consequently, the project would have no impact from exposing sensitive receptors to substantial pollutant concentrations.
d. The most common sources of odors identified in complaints received by local air districts are sewage treatment plants, landfills, recycling facilities, waste transfer stations, petroleum refineries, biomass operations, autobody shops, coating operations, fiberglass manufacturing, foundries, rendering plants, and livestock operations. Construction projects do not generate long-term sources of odors. Because the project is a roadway repair and hillside stabilization project, there would be no operational sources of odors.

Therefore, the project would not result in any odor-related impacts.

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Section D Evaluation of Environmental Impacts 26 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

4. B IOLOGICAL RESOURCES
Would the project:

Comments:

A reconnaissance-level biological field survey of the project site was conducted by EMC Planning Group biologist Rose Ashbach, M.S., on October 23, 2024, to document existing plant communities/wildlife habitats and assess the suitability of the site to support special-status species. Biological resources were documented in field notes, including plant and wildlife species observed, dominant plant communities, wildlife habitat quality, disturbance levels, and aquatic resources.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife
or US Fish and Wildlife Service?
☐ ☒ ☐ ☐
b. Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or US
Fish and Wildlife Service?
☐ ☒ ☐ ☐
c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to,
marsh, vernal pool, coastal, etc.), through direct
removal, filing, hydrological interruption, or other
means?
☐ ☒ ☐ ☐
d. Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
☐ ☐ ☒ ☐
e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
☐ ☒ ☐ ☐
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
☐ ☐ ☒ ☐

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Section D Evaluation of Environmental Impacts 27 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Prior to conducting the survey, Mrs. Ashbach reviewed project plans, aerial photographs, natural resource database accounts, and other relevant scientific literature. This included searching the U.S. Fish and Wildlife Service (USFWS) Endangered Species Database (USFWS 2024a) and the USFWS Critical Habitat for Threatened and Endangered Species online mapper was reviewed (USFWS 2024a, USFWS 2024b). Searches of the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (“CNDDB”, CDFW 2024a, CDFW 2024b), and California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants (CNPS 2024a) were conducted to identify special-status plants, wildlife, and habitats known to occur in the vicinity of the project. A review of the USFWS National Wetlands Inventory (NWI) database was also conducted to identify jurisdictional aquatic features (wetlands, drainages, and/or riparian areas) on or adjacent to the project site (USFWS 2024c).

Existing Conditions
The project site (i.e., roadway) is located on Morrison Canyon Road, located approximately

0.4 miles east of the eastern edge of the City of Fremont’s urbanized area. Morrison Canyon Road has been impacted by erosion and landslides, which fractured the roadway. The project site includes a 300-foot section of impacted road that bisects a slope that runs along the ecotone between grassland and riparian vegetation. Morrison Creek, a small perennial stream, runs parallel to the road to the south. The site is bound by open space on all sides, with two residences located southeast of the site. Topography of the project area includes a gentle sloping roadway with 45 percent slopes or greater perpendicular to the road. Rocky outcrops are found on the upslope.

The soil is friable and sloughs off, easily causing constant accumulation of soil and rocks in a shallow berm on the upslope side of the road. Six culverts that drain the upslope under the impacted roadway may have also been impacted by erosion and landslide. These culverts may be repaired as part of the proposed project.

Plant and Wildlife Habitats
The survey took place after senescence of most floral species. However, identification of remaining vegetation provided insight to the distribution of vegetation on the site. The project site is dominated by grassland vegetation upslope of the road and riparian vegetation downslope of the road. The road is cut within the transition between the two communities, Figure 5, Habitat Map.

Grassland Vegetation. Grassland vegetation dominates the slopes above Morrison Canyon Road. Annual non-native grasses include ripgut brome (Bromus diandrus), Italian rye (Festuca perennis), soft chess brome (Bromus hordeaceous), wild oats (Avena sp.), wall barley (Hordeum murinum). Other species include meadow barley (Hordeum brachyantherum), miniature lupine (Lupinus bicolor), lupines (Lupinus sp.), Italian thistle (Carduus pycnocephalus), tomcat clover (Trifolium wildenovii), suncups (Taraxia ovata), and clarkias (Clarkia spp.).

Scrub Ecotone. The ecotone between the grassland and riparian vegetation included California sagebrush (Artemesia californica), California fuchsia (Epilobium canum), clarkia, sticky monkey (Diplacus aurantiacus), coast live oak (Quercus agrifolia), canyon live oak (Quercus chrysolepis), poison oak (Toxicodendron diversilobum), nude buckwheat (Eriogonum nudum), coyote brush (Baccharis pilularis), fennel (Foeniculum vulgare), and Italian thistle.

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Section D Evaluation of Environmental Impacts 28 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Riparian Woodland. The riparian woodland was dominated by California bay trees (Umbellularia californica) and is classified as California bay woodland (CNPS 2025a). The understory is dominated by herbs, including California morning glory (Castelagia macrostegia), fairybells (Prosartes sp.), snowberry (Symphoricarpus sp.), coyote mint (Stachys bullata), miners’ lettuce (Claytonia perfoliata), and occasional low-growing poison oak. Other riparian trees within and outside of the project site include big leaf maple (Acer macrophyllum), walnut (Juglans sp.), and coast live oak (Quercus agrifolia).

Riparian and grassland vegetation provides suitable habitat for a number of avian species, including species observed or heard during the site visit: Anna’s humming bird (Calypte anna), California towhee (Melozone crissalis), Stellar’s jay (Cyanocitta stelleri), chestnut-backed chickadee (Poecile refescens), red-tailed hawk (Buteo jamaicensis), white-breasted nuthatch (Sitta carolinensis), dark eyed junco (Junco hyemalis), brown creeper (Certhia americana), and oak titmouse (Baeolophus inornatus). Other birds that likely inhabit the area include, but are not limited to, Say’s phoebe (Sayornis saya), yellow-billed magpie (Pica nuttalli), loggerhead shrike (Lanius ludovicianus), house finch (Haemorhour mexicanus), California quail (Callipepla californica), western bluebird (Sialia Mexicana), lesser gold finch (Spinus psaltria), acorn woodpecker (Melanerpes formicivorus), and California scrub jay (Aphelocoma californica).

Western fence lizards (Sceloporus occidentalis) were observed along the road during the site visit.

Other reptiles expected to occur at the site include pacific gopher snake (Pituophis catenifer), California alligator lizard (Elgaria multicarinata multicarinata), California red-sided garter snake (Thamnophis sirtalis infernalis), and pacific ringneck snake (Diadophis punctatus amabilis) (iNaturalist 2025).

California newt (Taricha torosa) was observed during the site visit. Other amphibians including California toad (Anaxyrus boreas halophilus), and California slender salamander (Batrachoseps attenuates) are expected to occur within the project area and vicinity.

California ground squirrel (Otospermophilus beecheyi) and Botta’s pocket gopher (Thomomys bottae) likely utilize the many burrows observed along the road slope. One dead woodrat was observed along the lower road to the project site; possibly a dusky-footed woodrat (Neotoma fuscipes). Other mammals likely utilizing the site include brush rabbits (Sylvilagus bachmani), black-tailed deer (Odocoileus hemionus), coyote (Canis latrans), and bobcat (Lynx rufus).

Aquatic/Wetland Features
The NWI identifies Morrison Creek (R4SBCx) as riverine habitat (R), described as an intermittent (4) streambed (SB) that is seasonally flooded (C), and that is excavated (x). Morrison Creek was not flowing during the site visit; however, it was still holding water. Morrison Creek does not appear to be excavated. Morrison Creek is located downslope of the project site. There are multiple intermittent riverine channels (R4SBA) outside of the project site, draining the upland hillslopes to Morrison Creek. These riverine channels (R) are intermittent (4) streambeds (SB) that are temporarily flooded (4) (USFWS 2024c). They appear to flood during high precipitation events. Riparian woodland surrounds both sides of the perennial stream.

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR !(!(
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Source: FEMA 2025, ESRI 2025,
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Figure 5
Habitat Map
Morrison Canyon Road Storm Repair and Mitigation Initial Study Project Site
Approximate Location of Existing Stream
!( Culver Replacement Locations Morrison Canyon Rd.

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California Bay Laurel Woodland
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•••
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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 :

Section D Evaluation of Environmental Impacts 30 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR

Section D Evaluation of Environmental Impacts 31 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 a. Special-Status Species. Special-status species are those listed as Endangered, Threatened, or Rare or as candidates for listing by the USFWS and/or CDFW; as Species of Special Concern or Fully Protected species by the CDFW; or as Rare Plant Rank 1B or 2B species by CNPS. Appendix C, Special-Status Species with Potential to Occur in the Project Vicinity, presents tables with special-status species search results, which lists the special-status species documented within the project vicinity, their listing status, suitable habitat description, and their potential to occur on the project site. Figure 6, Special- Status Species Map, presents a map of the CNDDB results.

Special-Status Plant Species. Special-status plant species were evaluated for probability to occur on the project site. Although no special-status species were observed during the field surveys, the surveys were conducted outside the peak blooming period for most flowering plants. Three special-status plants have been reported as occurring within the project vicinity (within a three-mile buffer of the project parcel) and have a low probability of occurring within the project boundary, including chaparral harebell (Ravenella exigua) (Occurrence No. 23, CNDDB 2025b), most beautiful jewel flower (Streptanthus albidus ssp. peramoenus) (Occurrence No. 2, CNDDB 2025b), and Congdon’s tarplant (Centromadia parryi spp. congdonii) (Occurrence No. 89, CNDDB 2025b). Suitable habitat for most beautiful jewel flower and chaparral harebell is located on the rocky area upslope of the project site (the proposed slope stabilization area). Suitable habitat for Congdon’s tarplant is located adjacent to the roadway.

If present, construction activities could result in the loss of special-status plant species.

Impacts to special-status plants are considered potentially significant. Implementation of the following measure would to reduce impacts to special-status plants to a less than significant level, if present.

Mitigation Measure
BIO-1 Focused Plant Surveys. During the peak blooming periods (June and August) for chaparral harebell, most beautiful jewel flower, and Congdon’s tarplant prior to ground disturbance, a biologist qualified in Alameda County botany shall conduct a focused survey of the proposed area of impact (including construction staging areas). Surveys will be conducted in accordance with current CDFW and CNPS rare plant survey protocols (CDFW 2018 and CNPS 2001). The surveys will occur during the peak blooming period for each species to determine its presence or absence. Based on the known blooming periods of these special-status plant species, two surveys would be necessary to adequately survey the project site: the first in June, the second in August.

A report documenting the results of the survey will be prepared and, if appropriate, propose measures for avoiding, minimizing, and/or mitigating for possible impacts to special-status plants prior to and during construction. If the focused survey concludes species are not present within the project site, or if it is present but impacts can be completely avoided, then no further measures would be required. The report will be submitted to the City of Fremont Public Works Department.

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR

Section D Evaluation of Environmental Impacts 32 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Special-Status Wildlife Species. Special-status wildlife species with potential to occur on the project site include Alameda whipsnake (Masticophis lateralis euyxanthus), California red-legged frog (Rana draytonii), California tiger salamander (Ambystoma californiense), foothill yellow-legged-frog (Rana boylii), San Francisco dusky footed woodrat (Neotoma fuscipes annectens), Crotch bumble bee (Bombus crotchii), western bumble bee (Bombus occidentalis), pallid bat (Antrozous pallidus), sharp shinned hawk (Accipiter striatus), Cooper’s hawk (Accipter cooperii), and prairie falcon (Falco mexicanus). Other nesting birds may also occur on the project site. These species are addressed below.

Alameda whipsnake. A federally- and state-listed threatened species, Alameda whipsnake is typically found in grassland, chaparral and scrub habitat, mostly on south facing slopes with rock outcrops, and abundant rodent burrows. They also use adjacent woodland and riparian habitats. Alameda whipsnake are active daytime predators eating lizards, skinks, other snakes, small birds, amphibians, small mammals, and insects. They seek shelter in rock piles or in small mammal burrows and hibernate from November through February.

Alameda whipsnake mate from March to June, with young appearing in late summer and fall.

There is one record for Alameda whipsnake within three miles of the project site (Occurrence No 183, CNDDB 2025b). The roadcut area and riparian habitat adjacent to the project site provides habitat for the Alameda whipsnake.

If present, construction activities could result in the loss of Alameda whipsnake. Impacts to Alameda whipsnake are considered potentially significant. Implementation of the following measures are recommended to reduce impacts to the Alameda whipsnake to a less-than-significant level.

Mitigation Measures
BIO-2 Alameda Whipsnake. The City of Fremont shall obtain an Incidental Take Permit from the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) for potential project impacts to Alameda whipsnake, and implement all avoidance, minimization, and compensatory mitigation measures required by these permits. The extent of protection measures will be finalized in Incidental Take Permits, including, but not limited to, the following:
a. Qualified project biologists approved by the USFWS and CDFW shall supervise and/or implement all species protection measures. Construction supervisors shall attend a training session regarding the protection measures (see Mitigation Measure BIO-3). Construction contracts shall expressly include language requiring compliance with protection measures. b. At least 15 days prior to ground disturbance, the City of Fremont shall submit the name and credentials of the project biologists who would implement protective measures. No project activities shall begin until the City of Fremont has received written approval from the USFWS and CDFW that the project biologists are qualified to conduct the work.

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR steelhead
western
ridged
mussel chaparral
harebell
Townsend's
big-eared bat
western
bumble bee
northern
slender
pondweed
western
bumble bee
long-styled
sand-spurrey
California
black rail
foothill yellow-legged
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CRLF
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salamander - central
California DPS
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0 6000 feet
Source: Alameda County GIS 2025,
ESRI 2025, CDFW CNNDB 2025
Figure 6
Special-Status Species Map
Morrison Canyon Road Storm Repair and Mitigation Initial Study 3-Mile Buffer
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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 :

Section D Evaluation of Environmental Impacts 34 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR

Section D Evaluation of Environmental Impacts 35 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 c. The project biologists shall have the authority to halt construction work at any time to prevent harm to Alameda whipsnake or when any of the permit-specified protection measures have been violated. Work shall re- commence only when authorized by the project biologists. If work is stopped due to potential harm to protected species, the project biologists shall contact the USFWS and/or CDFW by telephone or email on the same day to communicate the event and coordinate appropriate action. d. A project biologist shall be present during all initial ground disturbance activities; the biologist shall conduct biological construction monitoring in all work areas with potential to impact Alameda whipsnake. Before the start of work each day, a designated monitor shall check for wildlife under any equipment such as vehicles and stored pipes within active construction zones that are fenced. A designated monitor shall also check all excavated steep-walled holes or trenches greater than one foot deep for trapped animals. If Alameda whipsnake is observed within an active construction zone, a project biologist shall be notified immediately and all work within 100 feet of the individual animal shall be halted and all equipment turned off until the animal has left the area on its own accord or the biologist has captured and removed the individual from the work area. Alameda whipsnake shall only be relocated to a USFWS /CDFW - approved off-site location according to permit specifications. e. Special-status species shall be excluded from the project site by installing exclusionary fencing (i.e., silt fencing or other appropriate fencing) where possible. This will prevent construction from expanding into natural areas and prevent any special-status species that may migrate through the site from becoming harmed during ground disturbing work. A USFWS and CDFW approved biologist will conduct weekly exclusionary fence inspections to ensure that any breaks in the fencing are repaired.

Informational handouts with photographs clearly illustrating species appearances shall be used in the training session.

Training topics shall include special-status species with potential to occur on the project work sites as determined by final site plan impact boundaries and results of focused surveys. Species discussed shall include Alameda whipsnake, California red-legged frog, foothill yellow-legged frog, California tiger salamander, San Francisco dusky footed woodrat, special-status bumblebees, special-status bats, and nesting birds and raptors.

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR

Section D Evaluation of Environmental Impacts 36 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 The training session shall include information about steps to take if a special- status species is encountered, including contact information for the biological monitoring staff and measures to protect species during construction.

Additionally, the biological monitor shall be available to answer any questions about the special-status species. All new construction personnel shall undergo this mandatory worker environmental awareness training when they start work on the project. Training shall occur prior to the start of construction and periodically, as needed, if new construction personnel begin work at the project site. Each worker shall sign a statement that they received training and the statement shall be posted or easily available for viewing at the project site.

California red-legged frog. A federally-listed threatened species and California Species of Special Concern, California red‐legged frog (Rana draytonii) occurs in lowlands and foothills primarily in perennial or ephemeral ponds, pools, and streams where water remains long enough for breeding and metamorphosis of tadpoles (14‐28 weeks). Specific breeding sites include streams, creeks, ponds, marshes, sag ponds, deep pools, backwater areas, dune ponds, lagoons, and estuaries. California red-legged frog may disperse from their aquatic breeding habitats to upland habitats during the dry season. They prefer upland habitats that provide moisture to prevent desiccation and protection from predators, including downed logs, woody vegetation, boulders, moist leaf litter, or other refugia during the dry season. In areas where upland habitats do not contain structure, California red-legged frog take refuge in burrows. However, if there is sufficient water at their breeding location, they may remain in aquatic habitats year‐round instead of moving to adjacent uplands.

During wet seasons, frogs can move long distances between habitats, traversing upland areas or ephemeral drainages. Dispersal distances are typically less than 0.3 mile, with a few individuals moving 1.2‐2.2 miles (USFWS 2005). Seeps and springs in open grasslands can function as foraging habitat or refugia for wandering frogs.

CNDDB records indicate that there are five known occurrences of California red-legged frog approximately 1.5 miles northeast of the project site and approximately 2 to 2.5 miles southeast and east of the project site (Occurrence No. 568, 569, 581, 1564, 1565).

Habitat south of the project site at Morrison Creek is considered low quality breeding habitat due to the lack of deep pools with emergent vegetation. Suitable upland habitat is present within burrows in grassland areas, and in shaded riparian areas within the Morrison Creek. There is a potential that California red-legged frogs could migrate along the creek corridor or move through and utilize upland habitats. The probability of California red-legged frog within the project area is considered low due low quality breeding habitat.

Foothill yellow-legged frog. A federally-listed threatened species and state-listed endangered species, foothill yellow-legged frog is dependent on shaded shallow streams and riffles with a rocky substrate in a variety of habitats. It needs at least some cobble-sized substrate for egg-laying and at least 15 weeks to attain metamorphosis. The project site is not located within federally designated critical habitat for this species.

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR

Section D Evaluation of Environmental Impacts 37 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 The aquatic habitat in the project site’s stream channels can potentially support foothill yellow-legged frog (Central Coast Distinct Population Segment). There is one CNDDB population occurrence within three miles of the project site that is considered extirpated (Occurrence No. 41 from 1953, CNDDB 2025). iNaturalist shows recent observations of foothill yellow-legged frog approximately five miles from the project site in the Sunol Wilderness Area (iNaturalist 2025).

Although Morrison Creek could potentially support foothill yellow-legged frog breeding habitat, the probability of occurrence is considered low given the absence of extant populations within five miles.

California tiger salamander. A federal and state-listed threatened species, California tiger salamander is dependent on small shallow bodies of water for breeding and can be found in grasslands, most frequently within 400 feet of breeding pools or ponds and where California ground squirrels are prevalent and active. Ephemeral ponds that completely dry out by late summer and early fall are ideal habitat for this species because the dry period prohibits bullfrog and non-native fish residency. California tiger salamanders will occupy burrows of ground squirrels during summer and fall months, emerging to move toward breeding sites when the rainy season commences. They typically disperse to burrows and other hiding places in oak woodlands and grasslands within a quarter mile or less from breeding ponds by early summer. The project site is not located within federally designated critical habitat for this species.

There are ten CNDDB records of California tiger salamander within three miles of the project site and two records from one and a half miles from the project site (Occurrence No. 41 and 580, CNDDB 2025). Although ephemeral ponds and low gradient grassland habitat are located within the headwaters of the Morrison Canyon watershed, the steep, rocky slopes within the project boundary are not preferred habitat for this species. As such, the probability of California tiger salamander to occur within the project area is considered low.

Special-Status Amphibians. The riparian woodland and upland grassland habitat found along Morrison Canyon Creek contains low quality potential habitat for California red-legged frog, foothill yellow-legged frog, and California tiger salamander. These species are protected by the USFWS and/or the CDFW. Although the habitat within the project site is considered low quality and the probability of these species occurring within the project area is low. Disturbance and site preparation activities within or immediately adjacent to the riparian woodland habitat could result in the loss of these species if they are present in the area proposed for construction. Implementation of Mitigation Measure BIO-3 presented above, which requires a training session on special-status species potentially present on the construction site for all personnel, and Mitigation Measure BIO-4 presented below will reduce potential impacts to these species to less than significant.

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR

Section D Evaluation of Environmental Impacts 38 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Mitigation Measure
BIO-4 Special-Status Amphibians. The City of Fremont shall obtain an Incidental Take Permit from the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) for potential project impacts to California red‐legged frog, foothill yellow-legged frog and California tiger salamander, and implement all avoidance, minimization, and compensatory mitigation measures required by these permits. The extent of protection measures will be finalized in Incidental Take Permits, including, but not limited to, the following:
 Direct impacts to potential breeding habitat (Morrison Creek) will be avoided.  Ground‐disturbing activities within upland areas will be limited to dry weather between April 15 and October 31. No ground‐disturbing work will occur during wet weather. Wet weather is defined as when there has been 0.25 inch of rain in a 24‐hour period. Ground‐disturbing activities halted due to wet weather may resume when precipitation ceases and the National Weather Service 72‐hour weather forecast indicates a 30 percent or less chance of precipitation. No ground‐disturbing work will occur during a dry‐out period of 48 hours after the above referenced wet weather. If construction would need to continue past October 31, the applicant will request an authorization from USFWS and CDFW to extend the work period.
 Where applicable, exclusion fencing will be installed around the worksite to prevent amphibians from entering the work area. Exclusion fencing will be removed within 72 hours of completion of work.
 Before construction begins, a qualified biologist will locate appropriate relocation areas and prepare a relocation plan for special‐status amphibians that may need to be moved during construction. The proponent will submit this plan to USFWS and CDFW for approval prior to the start of construction.
 A qualified biologist will conduct preconstruction surveys immediately prior to ground-disturbing activities (including equipment staging, vegetation removal, and grading). The biologist will survey the work area and all suitable habitat within 300 feet of the work area. If relocation is deemed necessary, it will be conducted in accordance with the relocation plan.  If special‐status amphibians are found in the work area during construction and cannot or do not move off-site on their own, a USFWS and/or CDFW‐ approved biologist will trap and move special‐status amphibians in accordance with the relocation plan.
 No monofilament plastic mesh or line will be used for erosion control.

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR

Section D Evaluation of Environmental Impacts 39 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025  All construction activity will terminate 30 minutes before sunset and will not resume until 30 minutes after sunrise during the migration/active season from November 1 to June 15. Sunrise and sunset times are established by the U.S.

San Francisco Dusky-Footed Woodrat. A state-listed Species of Special Concern, the San Francisco dusky-footed woodrat is a local subspecies of the broadly distributed dusky- footed woodrat that lives in forested and riparian areas. The San Francisco dusky-footed woodrat builds multi-chamber nests that can be on the forest floor or up in the tree canopy. The nests of these species provide shelter for other species such as snakes, salamanders, mice, frogs, etc.

There are no records of San Francisco dusky-footed woodrat in CNDDB or iNaturalist within a three-mile vicinity buffer to the project site. However, a dead woodrat was observed on the road adjacent to the project site. Loss or harm to the San Francisco dusky-footed woodrat is considered a significant adverse impact. Implementation of Mitigation Measure BIO-3 presented above, which requires a training session on special- status species potentially present on the construction site for all personnel, and Mitigation Measure BIO-5 presented below will reduce potential impacts to the San Francisco dusky-footed woodrat to less than significant levels.

Mitigation Measure
BIO-5 San Francico Dusky-Footed Woodrat. Prior to issuance of demolition and grading permits, a qualified biologist shall conduct preconstruction surveys for woodrat nests between 14 and 30 days prior to demolition or construction activities within 25 feet of wooded areas. If no nests are found, a letter report shall be prepared by the biologist and submitted to the City of Fremont, where it shall be kept on file, and no further measures are required.

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR

Section D Evaluation of Environmental Impacts 40 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 qualified biologist) shall be established around the nest until the young are independent enough to successfully move from the deconstructed nest. Once nest(s) have been deconstructed and woodrats have left the construction area, a letter report shall be prepared by the biologist and submitted to the City of Fremont, where it shall be kept on file.

Special-Status Bumble Bees. The Crotch’s bumble bee and western bumble bee are state candidate endangered species. Crotch bumble bees inhabit open grassland and scrub habitats and forage throughout the duration of the colony (spring through fall), colony nest sites, and overwintering sites for the queens (Xerces Society 2018). Crotch’s bumble bees are generalist foragers (i.e., they do not depend on any one flower type).

Documented food plants for Crotch bumble bees include milkweeds (Asclepias sp.), pin cushions (Chaenactis spp.), lupines (Lupinus spp.), burclovers (Medicago spp.), fiddlenecks (Phacelia spp.), and sages (Salvia spp.) (Xerces Society 2018). Crotch bumble bees, like most bumble bee species, nest underground, particularly within abandoned rodent holes (Xerces Society 2009). The flight period for Crotch bumble bee queens is from late February to late October, peaking in early April and again in July. The flight period for workers and males extends between late March and September (Xerces Society 2018).

Western bumble bee was formerly common throughout much of its range, from central California to southern British Columbia and west of the Sierra-Cascade Ranges.

Populations have declined sharply since the late 1990s. Western bumble bees primarily nest in underground cavities such as abandoned burrows or other animal nests on open west-southwest slopes. General habitat requirements include meadows and grasslands with flowering plants, and they may be found in some natural areas within urban environments. Western bumble bees require species that bloom and provide adequate nectar and pollen throughout the colony’s flight period from as early as February to late November. The Western bumble bee has two CNDDB records within the three-mile project vicinity (Occurrence No. 228 and 420, CNDDB 2025b).

If special-status bumble bees are present on or adjacent to the project site, construction activities could result in the loss or disturbance of individual animals. This would be a significant adverse environmental impact. Implementation of Mitigation Measure BIO-3, presented above, which requires a training session on special-status species potentially present on the construction site for all personnel, and Mitigation Measure BIO-6 presented below would reduce this potential, significant impact to a less-than-significant level.

Mitigation Measure
BIO-6 Special-Status Bumblebees. Prior to construction activities a qualified biologist will conduct a pre-construction survey of small mammal burrows and thatched/bunch grasses for western bumble bee activity during the optimal flight period (April 1 – July 31). If the survey results are negative (i.e., no bumble bee activity observed), a letter report confirming absence will be prepared and submitted to the City of Fremont and no further mitigation is required.

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR

Section D Evaluation of Environmental Impacts 41 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 If bumble bee nests are detected and the area can be avoided, a qualified biologist shall supervise the installation of protective fencing/flagging a minimum of 50 feet around the nest area prior to construction. The fencing/flagging will be checked at least once per week until construction is complete to ensure that the protective fencing/flagging remains intact. The qualified biologist can conduct the weekly checks or train a biological monitor selected from the construction crew by the construction contractor (typically the project foreman) to check the fencing/flagging and provide weekly updates. Documentation of the fencing/flagging installation shall be provided to the City prior to the start of ground disturbance activities. Documentation of the weekly checks and timely maintenance (if needed) shall be provided to the City quarterly during construction.

Special-Status Bat Species. Of the 25 native bat species in California, 17 receive some level of state or federal protection (CDFW 2024f). Trees and/or rocky outcrops along the slope within or adjacent to the project site could provide roosting habitat for pallid bat a state- listed species of special concern. Pallid bats roosts in cracks and crevices of tree bark or rocky outcrops.

CNDDB records indicate that there are two known occurrences for pallid bat located approximately two miles north and south of the project site (Occurrence No. 440, 420, CNDDB 2025b).

Installation of the high strength wire mesh slope protection and construction activities at the project site could result in the disturbance of roost and natal sites occupied by special- status bats, if present. Loss or harm to special-status bats is considered a significant adverse impact. Implementation of Mitigation Measure BIO-3 presented above, which requires a training session on special-status species potentially present on the construction site for all personnel, and Mitigation Measure BIO-7 presented below will reduce potential impacts to special-status bats to a less-than-significant level.

Mitigation Measure
BIO-7 Special-Status Bat Species. The following measures shall be implemented to avoid loss of or harm to special-status bat species:

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR

Section D Evaluation of Environmental Impacts 42 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit.

Potential roosting features found during the survey shall be flagged or marked.

3. If bats or roosting sites are found, bats shall not be disturbed without specific notice to and consultation with CDFW.

4. The nursery season is typically from May 1 to October 1. If bats are found roosting outside of the nursery season, CDFW shall be consulted prior to any eviction or other action. If avoidance or postponement is not feasible, a Bat Eviction Plan shall be submitted to CDFW for written approval prior to project implementation. A request to evict bats from a roost includes details for excluding bats from the roost site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. Any bat eviction shall be timed to avoid lactation and young-rearing. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the CDFW) shall be established around the roosting site within which no construction activities shall occur until after the nursery season.

Nesting Birds. Many passerine bird species and raptors, such as sharp shinned hawk, Cooper’s hawk, prairie falcon, could nest in the canopy of the project site’s riparian woodland, on the open ground, or in any type of vegetation during the nesting bird season (January 15 through September 15). The project site and surrounding land contain a variety of trees and shrubs suitable for nesting. Construction activities can impact nesting birds protected under the federal Migratory Bird Treaty Act and California Fish and Game Code, should nesting birds be present during construction. If protected bird species are nesting adjacent to the project site during the bird nesting season, then noise-

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Section D Evaluation of Environmental Impacts 43 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 generating construction activities could result in the loss of fertile eggs, nestlings, or otherwise lead to the abandonment of nests. Implementation of Mitigation Measure BIO-3 presented previously, which requires a training session on special-status species potentially present on the construction site for all personnel, and Mitigation Measure BIO-8 presented below would reduce potential impacts to a less-than-significant level.

Mitigation Measure
BIO-8 Protected Nesting Birds and Raptors. To avoid impacts to nesting birds and raptors during the nesting season (January 15 through September 15), all construction activities shall be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys.
a. Two surveys for active bird nests shall occur within 14 days prior to start of ground disturbance, with the final survey conducted within 48 hours prior to ground disturbance. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the appropriate times of day to observe nesting activities.

Locations off the site to which access is not available may be surveyed from within the site or from public areas. If no nesting birds are found, a letter report confirming absence shall be prepared and submitted to the City of Fremont and no further mitigation is required.
b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g., defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest).

If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report shall be prepared and submitted to the City of Fremont.

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Section D Evaluation of Environmental Impacts 44 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 b. Sensitive Natural Communities. Sensitive natural communities are communities that are of limited distribution statewide or within a county or region and are often vulnerable to environmental effects of projects. CDFW’s List of California Terrestrial Natural Communities is based on the best available information, and indicates which natural communities are considered sensitive (CDFW 2024c). California bay woodland is classified by CDFW as a “Sensitive Natural Community.” Project implementation may have temporary adverse effects on a small portion of this community due to disturbance of the soil from the removal of concrete. However, long-term impacts of the project will be beneficial due to protection from continued rockfall and slides, and removal of foreign material from the habitat.

Project implementation could potentially have a substantial adverse effect on water quality within the creek if not prevented by the incorporation of avoidance measures because of the amount of cut/fill work on the riparian banks. Impacts to riparian habitat and sensitive natural communities as a result of this project are considered significant.

Pursuant to City General Plan Implementation Measure 7-1.1a, riparian areas and wetlands should be protected and/or restored as project amenities and mitigation for potential significant environmental impacts on riparian areas from development are required.

Impacts to riparian habitat and wetlands are covered in detail in the following section on Wetlands and Waters of the U.S. Implementation of the following mitigation measure would reduce potential impacts to sensitive communities to a less-than-significant level.

Mitigation Measure
BIO-9 Sensitive Natural Communities. To minimize impacts to California bay woodlands, the project shall be designed to avoid impacts to riparian habitat to the extent possible. If impacts to California bay woodlands habitat cannot be avoided, the City of Fremont shall:

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Section D Evaluation of Environmental Impacts 45 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 b. A planting plan including measures to stabilize riparian slopes through revegetation shall be developed. Slope stabilization shall incorporate local, native California bay woodland understory species capable of increasing soil stability, and California bay replacement at a 3:1 ratio or another ratio provided by the City of Fremont. Species from the California Invasive Plant Council’s (Cal-IPC) Invasive Plant List (Cal-IPC 2025) shall be removed if present.
c. Maintenance and monitoring measures shall detail the maintenance, monitoring, and reporting required for the restoration of the site. The site shall be maintained and monitored for a minimum of five years after restoration to verify that restoration activities have been successful. Maintenance activities may include, but not be limited to, watering during the plant establishment period, supplemental seed planting as needed, and removal of non-native plants. Monitoring shall include, at a minimum, quarterly monitoring reports for the first year and annual reports for the remaining four years. The performance standard for successful mitigation shall be a minimum 3:1 tree replacement ratio achieved in year five of monitoring. If mortality of tree plantings reduces the survival to below the 3:1 ratio, replanting shall be implemented to ensure the successful establishment of native riparian habitats sufficient to achieve the required acreages.
c. Wetlands and Waters of the U.S. A review of the NWI online database was conducted to identify potential jurisdictional aquatic features on or adjacent to the project site (USFWS 2025c). A site assessment confirmed the NWI results, with Morrison Creek, an intermittent stream, located downslope of the project site (R4SBCx) with multiple intermittent riverine channels (R4SBA) draining the upland to the creek (USFWS 2025b).

Riparian woodland surrounds both sides of the perennial stream.

Impacts to potentially jurisdictional wetlands and waters may occur as a result of project implementation. Project impacts to any wetland or drainage feature need to be identified, mapped, and quantified so that proper consultation and permitting may be achieved for areas under the jurisdiction of the USACE, CDFW, and or the RWQCB.

Mitigation Measure
BIO-10 Jurisdictional Wetlands/Waterways. Road work and asphalt block removal shall be designed to minimize impacts to the riparian woodland and waters to the extent feasible. Prior to ground disturbance, the extent of potential wetlands and waterways regulated by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and CDFW shall be determined (wetland delineation report), and regulatory agency consultations shall occur.

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Section D Evaluation of Environmental Impacts 46 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 a. If impacts to a federally jurisdictional feature may occur as a result of the project, a Clean Water Act Section 404 Nationwide Permit (NWP) may be appropriate. If the proposed activity would not otherwise qualify for a NWP, the applicant shall proceed with obtaining an Individual Permit from the USACE. For either permit, a formal wetland delineation report shall first be submitted to the USACE for a jurisdictional determination. b. If impacts to wetlands or waters of the State may occur as a result of the project, the applicant shall coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification or Water Discharge Requirements Permit. If impacts to wetlands, riparian areas, or streams are identified, the applicant shall coordinate with the CDFW to obtain a Streambed Alteration Agreement.
d. Wildlife Movement. Wildlife movement corridors provide connectivity between habitat areas, enhancing processes like nutrient flow, gene flow, seasonal migration, pollination, and predator-prey relationships. Increasing connectivity is a critical strategy for addressing habitat loss and fragmentation, a top threat to biodiversity.

The project site is located within an essential connectivity area as mapped by the California Essential Habitat Connectivity Project (CDFW 2025c). Morrison Creek and associated riparian vegetation provide cover for migrating or foraging species. However, the proposed project is limited to temporary disturbance of a 300-foot section of road and hillside that would not restrict wildlife movement, and would have no long-term impacts to habitat movement. Due to the temporary impacts, the proposed project would have a less than significant impact on wildlife movement.
e. Local Biological Resource Policies/Ordinances. Measures to protect sensitive biological resources are identified in the City General Plan and the City Municipal Code.

City General Plan goals, policies, and implementation programs applicable to the proposed project:

Goal 7-1: Biological Resources. A thriving natural environment with protected habitat that enhances the biological value of the City and preserves the open space frame.

Policy 7-1.1: Preservation of Natural Habitat. Preserve and protect fish, wildlife, and plant species and their habitats including wetlands, creeks, lakes, ponds, saltwater bodies and other riparian areas. Maintain these areas for their critical biological values and to help improve water quality.

Implementation 7 -1.1.A: Protect Riparian and Wetland Areas.

Preserve and minimize impacts to natural and semi -natural wetland areas, including riparian corridors, vernal pools and their wildlife habitat through the development and environmental review process. Riparian

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Section D Evaluation of Environmental Impacts 47 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 areas and wetlands should be protected and/or restored as project amenities. Require mitigation for potential significant environmental impacts on riparian areas from development.

Implementation 7 -1.1.B: Evaluate Development near Bodies of Water. Evaluate development within 100 feet of the top of bank of riparian areas and water bodies, including creeks, lakes, ponds, marshes, and vernal pools. This distance shall be increased to 200 feet in areas above the toe of the hill (TOH). Carefully assess t he extent and characteristics of riparian corridors and creeks to a minimum distance of 100 feet from the top of bank below the toe of the hill and 200 feet from the top of bank above the toe of the hill. Consider the full spectrum of habitat needs for vegetation and wildlife in environmental assessments of these areas.

Implementation 7-1.1.C: Control Measures to Limit Soil Erosion.

Implement control measures in riparian areas to prevent soil erosion and minimize runoff of excess nutrients, sediments and pesticides.

Provide for maximum retention of natural vegetation and topographic features adjacent to the buffer described in Implementation 7-1.1.B.

Implementation 7 -1.1.D: Conservation of Habitat and Natural Areas. Require conservation, protection and/or revegetation of habitat and natural areas for nesting, foraging and retreat for projects that impact such areas.

Policy 7 -1.2: Protection of Species . Preserve and protect rare, threatened, endangered and candidate species and their habitats consistent with State and Federal law.

Policy 7-1.7: Mitigate Development Impacts . Mitigate the impacts of development on the natural environment to the extent possible through sound planning, design, and management of development projects.

Implementation 7-1.7.A: Evaluate Projects with CEQA. Evaluate development projects for impacts to the natural environment per the California Environmental Quality Act (CEQA) and require measures to mitigate potential impacts to less than significant levels.

Goal 7-3: Water Quality. High quality water protected from pollutants and managed to improve the quality of the San Francisco Bay and groundwater resources
Policy 7 -3.1: Protect and Improve Water Quality . Protect and improve water quality in all Fremont’s creeks, streams, water courses and water bodies.

Policy 7 -6.2: Minimize Soil Erosion . Eliminate soil erosion from development to the maximum extent possible.

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Section D Evaluation of Environmental Impacts 48 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Implementation 7 -6.2.B: Limit Erosion with BMPs. Require appropriate control measures and best management practices (BMP’s) to limit erosion prior to, during and subsequent to new construction.

Fremont Municipal Code Chapter 18.218 contains local legislation that is applicable to the proposed project:

18.218. 10 Purpose and intent. The purpose of this chapter is to ensure the universal application of standard development requirements for resource protection to development projects have the potential to adversely disturb or impact (a) special -status species; (b) cultural resources; and (c) air quality due to construction activities such as grading, demolition, and tree and shrub removal.

18.218.050 Standard development requirements.
(b)Biology, Special-Status Species.

Nesting Birds. Projects with the potential to impact nesting birds through tree or shrub removal shall implement the following measures prior to removal of any trees/shrubs, grading, or ground disturbing activities:
 Avoidance. Proposed projects shall avoid construction activities during the bird nesting season (February 1st through August 31st).  Preconstruction Surveys. If construction activities are scheduled during the nesting season, a qualified biologist shall conduct a preconstruction survey to identify any potential nesting activity. The biologist shall determine the number and time frame (prior to construction) of surveys to be conducted.  Protective Buffer Zone(s). If the survey indicates the presence of nesting birds, protective buffer zones shall be established around the nests. The size of the buffer zone shall be recommended by the biologist in consultation with the CDFW depending on the species of nesting bird and level of potential disturbance.
 Initiation of Construction Activities. The buffer zones shall remain in place until the young have fledged and are foraging independently. A qualified biologist shall monitor the nests closely until it is determined the nests are no longer active, at which time construction activities may commence within the buffer area.

Roosting Bats. New development with potential to impact special - status or roosting bat species through demolition of structures or removal of trees on site shall conduct the following measures prior to demolition:
 Preconstruction Surveys. A qualified biologist shall conduct a preconstruction survey during seasonal periods of bat activity (mid-February through mid-October) to determine suitability of structure(s) or trees as bat roost habitat.

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Section D Evaluation of Environmental Impacts 49 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025  Protective Buffer Zone(s). If active bat roosts are found on site, a suitable buffer from construction shall be established per the biologist. The biologist shall determine the species of bats present and the type of roost.  Mitigation and Exclusion. If the bats are identified as common species, and the roost is not being used as a maternity roost or hibernation site, the bats may be evicted using methods developed by a qualified biologist. If special- status bat species are found present, or if the roost is determined to be a maternity roost or hibernation site for any species, then the qualified biologist shall develop a bat mitigation and exclusion plan to compensate for lost roost. The site shall not be disturbed until CDFW approves the mitigation plan.

California Tiger Salamander. Projects with the potential to impact California tiger salamander habitat through grading, demolition, and/or new construction shall implement the following measures prior to any grubbing, grading, or ground disturbing activities:
 Exclusion fencing shall be installed around the perimeter of the two fields to deter tiger salamanders from accessing the fields. The fencing shall be regularly maintained, especially during the rainy season when salamanders could traverse onto the fields.
 A qualified biologist shall conduct preconstruction surveys prior to grubbing and grading activities within the two fields. The biologist shall determine the number and time frame (prior to construction) of surveys to be conducted.  A qualified biologist shall monitor initial grubbing and grading activities to ensure no California tiger salamanders are present.

With implementation of the mitigation measures outlined in this section of the initial study, the proposed project would not conflict with local regulations related to biological resources.
f. There are no critical habitat boundaries, habitat conservation plans, natural community conservation plans, or other approved local, regional, or state habitat conservation plans applicable to the proposed project site (CDFW 2025c).

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Section D Evaluation of Environmental Impacts 50 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

5. C ULTURAL RESOURCES
Would the project:

Comments:

An archival database search was conducted through the Northwest California Information Center (NWIC), of the California Historical Resources Information System affiliated with the State of California Office of Historic Preservation in Sacramento. The NWIC was provided with a location map and coordinates of the project area, with a request for the archaeological and non‐ archaeological resources within a one-quarter mile radius of the project site boundary.

The NWIC identified two informal cultural resources located within the quarter mile radius (File No. 24-0730). Informal resources are typically reported with little geographical information (i.e., no coordinates) and not part of professional studies. The first resource is listed as grinding stones and a sweathouse in Morrison Canyon. The second resource is recorded as Native Americans living in adobe huts “close to the mouth of the canyon.” It is speculated that the canyon is Morrison Canyon.

EMC Planning Group archaeologist, Vanessa Potter, MA, RPA, surveyed the site on October 23, 2024 and prepared the Morrison Canyon Road Storm Repair and Mitigation Project - Phase I Archaeological Survey (“archaeological survey”), which concludes that no indigenous historic or unique archaeological resources were observed during this pedestrian survey. a-b Historic Structures. The NWIC results revealed that two informal resources (sweathouse and adobe huts) are located within a one-quarter mile radius of the project site. However, neither resource is located within the project site and implementation of the project would have no adverse impact on these resources.

Indigenous Historic Resources or Unique Archaeological Resources. The results provided by the NWIC, as well as the results of the archaeological survey, revealed that no indigenous historic or unique archaeological resources were found within the project site. However, unknown or unidentified buried, significant indigenous historic or unique archaeological resources could be present at the project site. Additionally, the Northern Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Cause a substantial adverse change in the significance of a historical resource pursuant to section 15064.5?
☐ ☐ ☒ ☐
b. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to section 15064.5?
☐ ☐ ☒ ☐
c. Disturb any human remains, including those interred
outside of dedicated cemeteries?
☐ ☐ ☒ ☐

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Section D Evaluation of Environmental Impacts 51 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Valley Yokut/Coastanoan Tribe contacted Vanessa Potter with EMC Planning Group recommending archaeological monitoring. Such resources, if present, could be damaged or destroyed by ground disturbing construction activities associated with the project. This would be a significant impact.

In accordance with City Municipal Code Section 18.218.050.d.2, the City will implement the following requirements:

Accidental Discovery of Cultural Resources. The following requirements shall be met to address the potential for accidental discovery of cultural resources during ground disturbing excavation:
a. The City’s contractor shall include a note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources.
b. The City shall retain a professional archaeologist to provide a preconstruction briefing to supervisory personnel of any excavation contractor to alert them to the possibility of exposing buried cultural resources, including significant prehistoric archaeological resources. The briefing shall discuss any cultural resources, including archaeological objects that could be exposed, the need to stop excavation at the discovery, and the procedures to follow regarding discovery protection and notification of the City and archaeological team.
c. In the event that any human remains or historical,
archaeological or paleontological resources are discovered during ground disturbing excavation, the provisions of CEQA Guidelines Sections 15064.5(e) and (f), and of subsection (c)(2)(D) of this section, r equiring cessation of work, notification, and immediate evaluation shall be followed. d. If resources are discovered during ground disturbing activities that may be classified as historical, unique archaeological, or tribal cultural resources, ground disturbing activities shall cease immediately, and the City planning manager shall be notified .

The resources will be evaluated by a qualified archaeologist and, in the planning manager’s discretion, a tribal cultural monitor.

If the resources are determined to be historical, unique archaeological, or tribal cultural resources, then a plan for avoiding the resources shall be prepared. If avoidance is infeasible, then all significant cultural materials recovered shall be, as necessary and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Any plan for avoidance or mitigation shall be subject to the approval of the City planning manager.

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Section D Evaluation of Environmental Impacts 52 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Additionally, in accordance with City Municipal Code Section 18.218.050.d.3, the City will also implement the following requirements:

Archaeological Monitoring. New development projects with the potential to impact subsurface archaeological or cultural resources through grading, demolition, and/or new construction, if so determined by a site -specific study prepared by an archaeologist th at meets the Secretary of the Interior’s professional qualifications standards for archaeology, shall implement the following measures prior to any grubbing, grading, or ground disturbing activities:
a. An archaeologist shall monitor construction- related ground disturbance within the vicinity of project site features identified as having the potential to include subsurface archaeological, cultural, or tribal cultural resources that could be impacted through ground- disturbing activities related to the construction of the project.

Monitoring should continue until the archaeologist determines that there is a low potential for encountering subsurface archaeological, cultural, or tribal cultural resources. An archaeologist that meets the Secretary of the Interior’s professional qualifications standards for archaeology shall oversee the monitoring. Any compensation for time and expenses related to this activity shall be borne by the project proponent.

Implementation of the above requirements would ensure that potential impacts on indigenous historic or unique archaeological resources would be less than significant. c. It is unknown whether Native American remains are located at the project site. The road is narrow and previously disturbed with a layer of asphalt covering it and the adjacent hillsides are very steep. However, because of informal narratives of historic-era adobe homes and indigenous historic features associated with habitation, there remains the possibility that ground disturbing activities associated with the proposed project could damage or destroy previously undiscovered Native American human remains.

Disturbance of Native American human remains would be a significant impact.

The project would be required to comply with City Municipal Code Section

18.218.050.d.2, specifically subsection “c” identified previously, which requires that the provisions of CEQA Guidelines Sections 15064.5(e) and (f) be followed in the event that human remains are discovered during ground disturbing excavation. Compliance with the City Municipal Code would ensure impacts are less than significant.

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Section D Evaluation of Environmental Impacts 53 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

6. E NERGY
Would the project:

Comments:
a. The thresholds of significance for energy impacts are qualitative. Consequently, potential impacts will be discussed qualitatively. The project will require energy in the form of diesel and gasoline in heavy equipment, construction vehicles, and worker transportation to and from the project site.

A multitude of State regulations and legislative acts are aimed at improving energy efficiency during construction. Required compliance with many of these standards is not within the direct control of local agencies. Nevertheless, projects that adhere to these state regulations and best management practices can reduce their construction related energy demand. For example, the California Air Resources Board (CARB) In-Use Off- Road Diesel Vehicle Regulation requires fleet owners to replace or retrofit older diesel equipment with more efficient, lower-emission engines to reduce fuel consumption. This regulation mandates the replacement of older, inefficient diesel construction equipment with newer, cleaner models, further contributing to reduced emissions and fuel consumption (California Air Resources Board 2023). Similarly, the EPA Tier 4 Final Engine Standards require new off-road diesel engines to meet stricter emissions limits, resulting in reduced air pollutants and improved fuel efficiency (Environmental Protection Agency 2024). The California Low Carbon Fuel Standard, established by CARB, incentivizes the use of biodiesel, renewable diesel, and other alternative fuels in construction equipment (California Air Resources Board 2018). The use of alternative fuels and hybrid or electric machinery can improve energy efficiency by reducing the dependence and consumption of fossil fuel during construction-related activities. The California Code of Regulations Title 13, Section 2485, enforced by CARB, limits diesel vehicle idling to five minutes to reduce unnecessary fuel consumption (California Air Resources Board 2021). The enforcement of idling restrictions ensures that construction vehicles consume fuel only when necessary, preventing excessive fuel waste and reducing overall energy use on-site.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Result in a potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
☐ ☐ ☒ ☐
b. Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
☐ ☐ ☐ ☒

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Section D Evaluation of Environmental Impacts 54 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 The application of standard best management practices, including proper equipment maintenance, idling restrictions, and the use of fuel-efficient machinery are aimed at promoting efficient fuel use during construction. These measures ensure that construction fuel use is not excessive, wasteful, or inefficient. The project energy demand would be temporary and would not result in a substantial increase in regional energy consumption. Given the considerations summarized above, the proposed project would have a less than significant impact on energy resources. b. The project does not involve the development of new energy intensive infrastructure nor does it introduce long-term energy demands. It would comply with applicable energy conservation policies, including state and local regulations on fuel efficiency and air quality measures that promote energy-efficient construction practices. Therefore, the project would not conflict with any state or local plans for renewable energy or energy efficiency.

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Section D Evaluation of Environmental Impacts 55 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

7. G EOLOGY AND SOILS
Would the project:

Comments:

Ninyo and Moore prepared the Geotechnical Evaluation – Slope Stability Assessment, Morrison Canyon Road Landslides Fremont, California (“geotechnical evaluation”) in June 2024. The geotechnical evaluation presents the soil and groundwater conditions at the project site, the geotechnical engineering recommendations for use in design of specific construction elements associated with Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:

(1) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42?
☐ ☐ ☐ ☒
(2) Strong seismic ground shaking? ☐ ☐ ☒ ☐
(3) Seismic-related ground failure, including
liquefaction?
☐ ☐ ☐ ☒
(4) Landslides? ☐ ☐ ☒ ☐
b. Result in substantial soil erosion or the loss of topsoil? ☐ ☐ ☒ ☐ c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction, or collapse?
☐ ☐ ☒ ☐
d. Be located on expansive soil, creating substantial
direct or indirect risks to life or property?
☐ ☐ ☐ ☒
e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the disposal of wastewater?
☐ ☐ ☐ ☒
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
☐ ☐ ☒ ☐

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Section D Evaluation of Environmental Impacts 56 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 stabilization above and below Morrison Canyon Road, and provides criteria for site preparation and engineering fill construction. The full geotechnical evaluation can be found in Appendix D. a. (1) The project site is not located within the Alquist-Priolo Earthquake Fault zone (California Geological Survey Department of Conservation 2025). These zones delineate regions of potential ground surface rupture adjacent to active faults. The closest fault rupture hazard zone to the site is associated with the Hayward fault, which is within approximately 1¾ mile to the west. Therefore, the project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault.
(2) Based on historic activity, the potential for future seismic ground motion at the site is considered significant (Ninyo and Moore 2024). Therefore, the recommendations outlined in the geotechnical evaluation are required in order to mitigate future rockfall of the cut slopes above the road as well as stabilization of the earth slides downslope.

Pursuant to City Municipal Code Section 18.205.060, recommendations included in the geotechnical evaluation shall be incorporated into the project.

Compliance with the recommendations of the geotechnical evaluation on the upslope and downslope of the project site would ensure that impacts associated with seismic ground shaking are less than significant.

The roadway repair component of the project will be constructed according to applicable California Building Code requirements associated with seismic design in roadways.

Therefore, the roadway repair component of the project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic ground shaking.
(3) Records of historic ground effects related to seismic activity (e.g. liquefaction, sand boils, lateral spreading, ground cracking) indicate that no ground effects related to historic seismic activity have been reported for the site (Ninyo and Moore 2024). Additionally, the project site is not located within a liquefaction hazard zone (California Geological Survey Department of Conservation 2025). Therefore, it is unlikely that the project would directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure including liquefaction. (4) The project site, and its surroundings, is located within a landslide zone (California Geological Survey Department of Conservation 2025). Therefore, as required by City Municipal Code Section 18.205.060, the proposed project is required to comply with the recommendations outlined in the geotechnical evaluation. Compliance with these recommendations would ensure that impacts associated with landslides would be less than significant.
b. Construction of the project would include ground disturbance and the repair of earth material slides involving 100 or more cubic yards of earth material, which could lead to top soil erosion and, therefore, requires a grading permit pursuant to City Municipal Code Section 18.205.030, Permits – When required – Exceptions.

5.B.a
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Section D Evaluation of Environmental Impacts 57 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 As stated throughout City Municipal Code Section 18.205, the project will be required to provide an erosion control plan and specifications of soil erosion control areas as part of the grading permit process. Erosion control plans serve to identify potential erosion risks on a site and outlines the specific measures that will be taken to prevent or minimize soil erosion. City Municipal Code Section 18.205 also discusses storm water drainage requiring that no grading shall alter any existing or established drainage channel so as to create a substantial danger of or cause flooding, excessive erosion, or impairments of access for maintenance of such channel. Preparing an erosion control plan in compliance with the City Municipal Code would ensure that impacts associated with erosion would be less than significant.
c. As indicated previously under checklist question “ a (3),” the project site is not located in a liquefaction hazard zone and no ground effects related to historic seismic activity have been reported for the site (e.g. liquefaction, sand boils, lateral spreading, ground cracking). Additionally, the geotechnical evaluation found that the existing slope, in a dry condition, has a factor of safety of less than 1.5, which is considered unstable. Simulation of groundwater infiltration lowered the factor of safety to below 1.0. A factor of safety of below 1.0 indicates that the driving forces exceed the resisting forces, and slope failure would occur. The general industry standard for slopes (and retaining structures) is a design that achieves a factor of safety of 1.5 or more for static conditions (50 percent greater resisting forces than driving forces). Accordingly, the report evaluated measures to increase the slope stability to achieve a factor of safety of 1.5 or more.

With implementation of the recommendations outlined in the geotechnical evaluation (e.g., use of five rows of soil nails at a vertical spacing of ten feet between each soil nail, etc.), impacts associated with unstable soils would be reduced to a less-than-significant level.
d. According to the geotechnical evaluation, the project site contains minimally expansive soil. Therefore, it is unlikely that the project would create direct or indirect risks to life or property associated with expansive soil.
e. The proposed project involves repairing a roadway from storm damage and would not involve any use for septic tanks or alternative wastewater disposal systems. Therefore, no further analysis is necessary.
f. No paleontological resources are known to exist on the project site or within the project area (City of Fremont 2011). While no known paleontological resources have been identified on the project site, there is a possibility that undiscovered resources may exist.

Any disturbance of paleontological resources would be considered a significant impact.

The City of Fremont has developed requirements for the protection of paleontological resources that are set forth in \Chapter 18.218 of the Municipal Code. City Municipal Code Section 18.218.050.d.2.c states that in the event that any human remains or

5.B.a
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Section D Evaluation of Environmental Impacts 58 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 historical, archaeological or paleontological resources are discovered during ground disturbing excavation, the provisions of CEQA Guidelines Sections 15064.5(e) and (f), and of subsection (c)[sic](2)(D) of this section, requiring cessation of work, notification, and immediate evaluation shall be followed.

Compliance with the City Municipal Code would ensure that potential impacts associated with paleontological resources are less than significant.

5.B.a
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Section D Evaluation of Environmental Impacts 59 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

8. G REENHOUSE GAS EMISSIONS
Would the project:

Comments:
a. The air district’s Justification Report: CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans outlines specific guidance that can be applied to evaluate whether an individual project would result in a significant GHG impact (Bay Area Air Quality Management District 2022). The CEQA guidelines include the following direction regarding construction-related GHG emissions:

There is no proposed construction-related climate impact threshold at this time. Greenhouse gas emissions from construction represent a very small portion of a project’s lifetime GHG emissions. The proposed thresholds for land use projects are designed to address operational GHG emissions which represent the vast majority of project GHG `emissions.

Construction projects, such as the proposed project, generate GHG emissions primarily from excavation, paving, material transport, and the use of construction equipment.

However, once construction is complete, these projects do not introduce new long-term operational GHG emissions. Consequently, the project would not generate GHG emissions that would have a significant impact on the environment.

For informational proposes, GHG emissions for the project were quantified in CalEEMod at 233 metric tons of carbon dioxide equivalent (MT CO 2e) per year. This is
equivalent to approximately 0.64 MT CO2e per day or 1,410 pounds per day over the construction period. This information can be seen in the CalEEMod results included in Appendix B, of this initial study.
b. The air district’s Justification Report: CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans is referenced as the applicable plan for reducing GHG emissions. As described above, the project would generate only short-term construction-related GHG emissions, which represent a small fraction of the emissions typically produced by standard land use projects. Based on that guidance, the project would have less than significant GHG impacts. Therefore, the project would not conflict with the applicable plan for reducing GHG emissions.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
☐ ☐ ☒ ☐
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
☐ ☐ ☐ ☒

5.B.a
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Section D Evaluation of Environmental Impacts 60 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

9. H AZARDS AND HAZARDOUS MATERIALS
Would the project:

Comments:
a. The proposed project does not involve the routing transport, use, or disposal of hazardous materials and, therefore, would not create a significant hazard to the public or the environment.
b. The project site consists of a damaged one lane road and hillsides. Based on historic aerial photographs, the project site has remained as a one lane road for several decades (Google Earth 2024). Therefore, the project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
☐ ☐ ☐ ☒
b. Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
☐ ☐ ☐ ☒
c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
☐ ☐ ☐ ☒
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962.5 and, as a result,
create a significant hazard to the public or the
environment?
☐ ☐ ☐ ☒
e. For a project located within an airport land-use plan or, where such a plan has not been adopted, within
two miles of a public airport or a public-use airport,
result in a safety hazard or excessive noise for people residing or working in the project area?
☐ ☐ ☐ ☒
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
☐ ☐ ☐ ☒
g. Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death involving wildland fires?
☐ ☐ ☐ ☒

5.B.a
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Section D Evaluation of Environmental Impacts 61 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 c. The project site is located approximately 0.64 miles southeast from Vallejo Mill Elementary School, the nearest school to the site. In addition to the project itself not emitting hazardous emissions or handling hazardous or acutely hazardous materials, substances, or waste, the project site is not located within one-quarter mile of an existing or proposed school.
d. The following lists were reviewed:
 Hazardous Materials Waste and Substances Sites from the Department of Toxic Substances Control EnviroStor Database (Department of Toxic Substances Control 2024;
 Leaking Underground Storage Tank Sites from the State Water Board’s GeoTracker Database (State Water Resources Board 2024);
 Solid Waste Disposal Sites Identified by Water Board with Waste Constituents Above Hazardous Waste Levels Outside the Waste Management Unit (California Environmental Protection Agency 2024a);
 “Active” Cease and Desist Order and Cleanup and Abatement Orders from Water Board (California Environmental Protection Agency 2024b); and  List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by the Department of Toxic Substances Control (California Environmental Protection Agency 2024c).

The project site is not located on any of these lists. Therefore, the proposed project is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would not create a significant hazard to the public or the environment.
e. The nearest airport to the project site is the San Jose Mineta International Airport, located approximately eight miles southwest. Therefore, the project is not located within an airport land use plan or within two miles of a public airport or public use airport and would not result in a safety hazard or excessive noise for people residing or working in the project area.
f. Primary evacuation routes for the City of Fremont are located along Interstate 680, leading into Mission Boulevard and along the eastern border of Mission Peak Regional Park. The project site, along Morrison Canyon Road, is not located within the vicinity of the City’s evacuation area (City of Fremont 2024). Therefore, the project does not impair implementation of or physically interfere with any adopted emergency response or evacuation plans.
g. The proposed project does not involve people or habitable structures and, therefore, would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires.

5.B.a
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Section D Evaluation of Environmental Impacts 62 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

10. H YDROLOGY AND WATER QUALITY
Would the project:

Comments:
a. Construction Water Quality. Construction-related activities for the proposed project would involve soil disturbance that could impact water quality through soil erosion and increasing the amount of pollutants carried in runoff. Therefore, the project will be required to comply with the applicable regulations identified in the City Municipal Code Chapter 18.210, Stormwater Management and Discharge Control. For example, the project will be required to implement best management practices during construction activities such as covering exposed soil with materials, scheduling construction during dry Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade
surface or ground water quality?
☐ ☐ ☒ ☐
b. Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
☐ ☐ ☐ ☒
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:

(1) Result in substantial erosion or siltation on- or off- site;
☐ ☐ ☐ ☒
(2) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-
or off-site;
☐ ☐ ☐ ☒
(3) Create or contribute runoff water that would exceed the capacity of existing or planned storm water
drainage systems or provide substantial additional
sources of polluted runoff; or
☐ ☐ ☐ ☒
(4) Impede or redirect flood flows? ☐ ☐ ☐ ☒
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
☐ ☐ ☐ ☒
e. Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
☐ ☐ ☐ ☒

5.B.a
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Section D Evaluation of Environmental Impacts 63 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 weather, and properly managing stormwater runoff. Pursuant to Section 18.210.120, Stormwater pollution reduction, the project shall utilize standards and guidelines set forth in the C3 Technical Guidance Manual and the California Stormwater Quality Association Stormwater Best Management Practice Handbook. Compliance with the City Municipal Code would ensure that water quality impacts associated with construction of the project would be less than significant.

Operational Water Quality. The project is a roadway repair and hillside stabilization project and, therefore, would have no operational water quality impacts. b. The project is a roadway repair and hillside stabilization project that does not involve any demand on groundwater resources. Therefore, the project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin c. (1) Erosion. Refer to Section 7.0, Geology and Soils, checklist question “b”. (2) Flooding. With respect to the scope of the project, there would not be an increase in impervious surfaces and, therefore, the project would not substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. (3) Runoff. With respect to the scope of the project, there would not be an increase in impervious surfaces and, therefore, the project would not create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. (4) Flood Flows. According to the Federal Emergency Management Agency, the project site is located in Flood Zone X (unshaded), which is the area determined to be outside the 500‐year flood and protected by levee from 100‐year floods (FEMA 2025). In addition to the site not being within a flood hazard zone, the nature of the proposed project would not impede or redirect flood flows.
d. The project site is located outside of any flood hazard zone that would risk release of pollutants due to project inundation (FEMA 2025) and is also outside of a tsunami zone (California Department of Conservation 2025).

Seiche hazards are waves produced in a confined body of water such as a lake or reservoir. Seiches can have similar effects to a tsunami, and could affect the City of Fremont by causing either of the reservoirs (Del Valle and Turner) in the hills to overtop their dams, leading to inundation or flooding in Niles Canyon and other portions of the city (City of Fremont 2011).

The project site is not located near an enclosed body of water and, therefore, the project would not release pollutants as a result of project inundation due to seiche hazards. e. The project is a roadway repair and hillside stabilization project that does not involve the demand for water. Therefore, the project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.

5.B.a
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Section D Evaluation of Environmental Impacts 64 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

11. L AND USE AND PLANNING
Would the project:

Comments:
a. The project does not physically divide any established community. The project site, on Morrison Canyon Road, is east of the Cherry-Guardino and Kimber-Gomes neighborhoods. Neither of these neighborhoods, or nearby communities, are at risk of being divided as a result of project implementation.
b. The various environmental topics in this initial study address applicable land use plans, policies, and regulations adopted for the purpose of avoiding or mitigating environmental effects. This initial study shows that for those environmental topics, there are either no impacts, less than significant impacts, or significant impacts that can be mitigated to a less-than-significant level. Therefore, the project would not create significant environmental impacts due to conflicts with a land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Physically divide an established community? ☐ ☐ ☐ ☒ b. Cause any significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
☐ ☐ ☐ ☒

5.B.a
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Section D Evaluation of Environmental Impacts 65 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

12. M INERAL RESOURCES
Would the project:

Comments:
a-b. The City of Fremont includes multiple types of mineral resources designated by the state as regionally significant such as construction aggregate (sand, gravel, and crushed rock), salt, and other resources (clay, mineral springs, and limestone). Diagram 7-4 in the Conservation Element of the General Plan identifies areas within Fremont that contain mineral resources or are subject to the Surface Mining and Reclamation Act.

The project site is not located within any of these areas and, therefore, the proposed project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state nor would the project result in the loss of availability of a locally important mineral resource recovery site delineated in a local general plan, specific plan, or other land use plan.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Result in loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
☐ ☐ ☐ ☒
b. Result in the loss of availability of a locally important mineral resource recovery site delineated in a local
general plan, specific plan, or other land-use plan?
☐ ☐ ☐ ☒

5.B.a
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Section D Evaluation of Environmental Impacts 66 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

13. N OISE
Would the project result in:

Comments:
a. Temporary Noise. The project involves roadway repair and slope stabilization and is anticipated to temporarily generate noise due to construction-related activities taking place on the project site. Construction noise could result in a short-term increase in ambient noise levels at nearby noise sensitive land uses, such as the residences located

0.5 mile southeast of the project site. However, construction noise is not generally considered to be a significant impact if construction is limited to the daytime hours.

Chapter 18.160 of the City Municipal Code sets forth construction hours as follows:
“Construction activity for projects not located within 500 feet of residences, lodging facilities, nursing homes or inpatient hospitals shall be limited to the weekday hours of 6:00 a.m. to 10:00 p.m. and the weekend or holiday hours of 8:00 a.m. to 8:00 p.m.” (City of Fremont 2024).

While the City Municipal Code establishes regulations for projects that generate noise, it also sets forth exemptions for noise-generating construction or repair projects that are in the interest of the public’s health and safety. City Municipal Code Section 9.25.040 exempts projects related to the repair of storm drains and roads, such as the proposed project, and any other projects that fall within the classification of “public health, welfare, and safety activities” from general noise control and enforcement procedures (City of Fremont 2024). Therefore, the project’s potential to generate temporary noise would be less than significant.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in applicable
standards of other agencies?
☐ ☐ ☒ ☐
b. Generation of excessive ground-borne vibration or
ground borne noise levels?
☐ ☐ ☒ ☐
c. For a project located within the vicinity of a private airstrip or an airport land-use plan or, where such a
plan has not been adopted, within two miles of a
public airport or public-use airport, expose people
residing or working in the project area to excessive
noise levels?
☐ ☐ ☐ ☒

5.B.a
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Section D Evaluation of Environmental Impacts 67 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Permanent Noise. The project is a roadway repair and slope stabilization project, and would not result in an increase in traffic on the roadway. Therefore, the project would not involve any permanent noise increases during operation. b. The project may include the use of pavement-breaking equipment that could generate ground borne vibrations. The project site is located approximately one mile northeast of the Cherry-Guardino and Kimber-Gomes neighborhoods and approximately 0.5 miles northwest of the residences located on Ridge Terrace. Therefore, it is unlikely that strong vibrations generated by construction of the project could be felt at these locations.

Due to the project’s distance to sensitive receptors and the short-term duration of the potential vibrations (i.e., during construction only), the project is not expected to generate excessive ground-borne vibration or ground borne noise levels. c. The project site is not located within the vicinity of a private airstrip or airport land-use plan or within two miles of a public-use airport. The nearest airport, San Jose Mineta International Airport, is located approximately 19 miles south of the project site.

Additionally, the project is a roadway repair and stabilization project that would not involve people residing or working within the project area. Therefore, the project would not expose people residing or working in the project area to excessive noise levels.

5.B.a
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Section D Evaluation of Environmental Impacts 68 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

14. P OPULATION AND HOUSING
Would the project:

Comments:
a-b. The proposed would not increase population nor would it displace existing housing.

Therefore, no impacts would occur associated with inducing substantial unplanned population growth or displacing substantial numbers of existing people or housing necessitating the construction of replacement housing elsewhere.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of
roads or other infrastructure)?
☐ ☐ ☐ ☒
b. Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
☐ ☐ ☐ ☒

5.B.a
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Section D Evaluation of Environmental Impacts 69 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

15. P UBLIC SERVICES
Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the following public services:

Comments:
a-e. The proposed project involves repairing Morrison Canyon Road along with other associated hillside stabilization repairs. The project also does not involve an increase in population. Therefore, the project would not result in any physical impacts associated with the provision of or need for new or physically altered fire, police, school, or park facilities.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Fire protection? ☐ ☐ ☐ ☒
b. Police protection? ☐ ☐ ☐ ☒
c. Schools? ☐ ☐ ☐ ☒
d. Parks? ☐ ☐ ☐ ☒
e. Other public facilities? ☐ ☐ ☐ ☒

5.B.a
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Section D Evaluation of Environmental Impacts 70 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

16. R ECREATION
Comments:
a-b. The proposed project does not involve an increase in population. Therefore, the project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. The project also does not include recreational facilities or require the construction or expansion of recreational facilities, the construction of which could cause an adverse physical effect on the environment.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
☐ ☐ ☐ ☒
b. Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical effect on the environment?
☐ ☐ ☐ ☒

5.B.a
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Section D Evaluation of Environmental Impacts 71 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

17. T RANSPORTATION
Would the project:

Comments:
a. The project includes the repair an existing roadway and stabiliz ing the adjacent hillsides due to storm damage. Therefore, the project does not involve components that would conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. b. The project includes the repair an existing roadway and stabilizing the adjacent hillsides due to storm damage. Therefore, the project does not involve components that would conflict or be inconsistent with CEQA guidelines section 15064.3, subdivision (b). c. The project includes the repair an existing roadway and stabilizing the adjacent hillsides due to storm damage. Therefore, the project would not substantially increase hazards due to a geometric design feature.
d. The project includes the repair an existing roadway and stabilizing the adjacent hillsides due to storm damage. Therefore, the project does not involve any components that would result in inadequate emergency access.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
☐ ☐ ☐ ☒
b. Conflict or be inconsistent with CEQA guidelines
section 15064.3, subdivision (b)?
☐ ☐ ☐ ☒
c. Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
☐ ☐ ☐ ☒
d. Result in inadequate emergency access? ☐ ☐ ☐ ☒

5.B.a
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Section D Evaluation of Environmental Impacts 72 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

18. T RIBAL CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
Comments:
a. The City sent out offer letters of consultations to the Native American tribes traditionally and culturally affiliated with the project area on March 4, 2025 and one response was received via email on March 7, 2025 from the Wilton Rancheria Tribe. The Tribe indicated they had no comments on the project and did not request consultation (Mark Hungerford, email message, July 29, 2025).

a. Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public
Resources Code section 21074 as either a site, feature, place, or cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value
to a California Native American tribe, and that is:

(1) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of
historical resources as defined in Public Resources
code section 5020.1(k), or
☐ ☐ ☐ ☒
(2) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead
agency shall consider the significance of the resource
to a California Native American tribe.
☐ ☐ ☐ ☒

5.B.a
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Section D Evaluation of Environmental Impacts 73 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

19. U TILITIES AND SERVICE SYSTEMS
Would the project:

Comments:
a. The project is a roadway repair and hillside stabilization project that would not require or result in the relocation or construction of new or expanded water, wastewater treatment, electric power, natural gas, or telecommunications facilities.

The proposed project may require the repair of up to six existing culverts, which are an essential part of storm water drainage systems. However, the environmental impacts that may occur as a result of their repair have been addressed within other sections of this initial study such as air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, and noise. All potential impacts can be reduced to a less than significant level through implementation of mitigation measures, the City’s Municipal Code, and/or General Plan policies.
b. The project is a roadway repair and hillside stabilization project that does not involve a demand for water. Therefore, the project would have no impact on water supplies.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment, storm
water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
☐ ☒ ☐ ☐
b. Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal, single-dry and
multiple- dry years?
☐ ☐ ☐ ☒
c. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has inadequate capacity to serve the project’s
projected demand in addition to the provider’s
existing commitments?
☐ ☐ ☐ ☒
d. Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
☐ ☐ ☐ ☒
e. Comply with federal, state, and local management and reduction statutes and regulations related to solid
waste?
☐ ☐ ☐ ☒

5.B.a
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Section D Evaluation of Environmental Impacts 74 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 c. The project is a roadway repair and hillside stabilization project that does not involve the generation of wastewater. Therefore, the project would have no impacts associated with wastewater.
d-e. The project includes the removal of concrete at the project site, which would constitute solid waste. Republic Services of Alameda County (formerly “Allied Waste of Alameda County”) currently provides curbside pick-up of recyclables, organics and garbage in Fremont. Materials collected are transported to the Fremont Recycling and Transfer Station located at 41149 Boyce Road for processing, with garbage later being transported to the Altamont Landfill, approximately seven miles north of Livermore (City of Fremont 2011). The majority of solid waste materials are transferred to Altamont Landfill; however, some materials are also transferred commercially to other facilities such as Republic Services Newby Island Landfill in San Jose (City of Fremont 2011).

The California Integrated Waste Management Act of 1989 specifies mandatory diversion rates for solid waste from landfills throughout the state. The current standard for diversion is 50 percent (City of Fremont 2011). Stopwaste.org operates as the Alameda County Waste Management Authority and is responsible for the oversight of solid waste operations in the county (City of Fremont 2011).

The following General Plan policies have been adopted as a means of ensuring the proper handling and disposal of solid waste:
 Policy 9-6.1: Increase Waste Diversion;
 Policy 9-6.3: Implement the Waste Management Hierarchy;  Policy 9-6.4: Consider Environmental Benefits and Impacts;  Policy 9-6.5: Support Regional Public and Private Waste Diversion; and  Policy 9-8.3: Promote Discard Decisions that Reduce Waste and Pollution (City of Fremont 2011).

The project would be in compliance with federal, state, and local management and reduction statutes and regulations related to solid waste.

5.B.a
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Section D Evaluation of Environmental Impacts 75 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

20. W ILDFIRE
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Comments:

While the state’s fire hazard map shows that the area is not located in a very high fire hazard severity zone (CalFire 2025), the City of Fremont has enacted Ordinance 33-2007 to override the state’s determination and has determined that the project area is located within a very high fire hazard severity zone (City of Fremont 2024a).

The project site consists of a gently sloping and narrow paved roadway adjacent to hillsides that are approximately ⅓:1 to 1:1 (horizontal to vertical) upslope and downslope of the roadway. The slope ratio in the hillside is approximately 2:1 H:V in most locations. The project site is dominated by grassland vegetation upslope of the road and riparian vegetation downslope of the road. Morrison Creek, a small perennial stream, runs parallel to the road to the south. No tree removal or significant tree pruning is anticipated.

The proposed project would not alter the existing pervious areas (upslope and downslope hillsides) nor the impervious areas (roadway). There are no overhead wires located within or near the project site.
a. Refer to Section 9.0, Hazards and Hazardous Materials, checklist question “f.” The project would not impair an adopted emergency response plan or emergency evacuation plan.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Substantially impair an adopted emergency response
plan or emergency evacuation plan?
☐ ☐ ☐ ☒
b. Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to pollutant concentrations from a wildfire
or the uncontrolled spread of wildfire?
☐ ☐ ☐ ☒
c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
☐ ☐ ☒ ☐
d. Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
☐ ☐ ☒ ☐

5.B.a
Packet Pg. 229
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Section D Evaluation of Environmental Impacts 76 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 In addition to the wildfire hazard treatment that is set forth in the General Plan EIR and in the Municipal Code, the City of Fremont has also developed a Wildfire Action Plan that serves as a preparation guide to adequately managing and mitigating the impacts of wildfire in the City (City of Fremont 2024b).
b. The roadway itself is slightly sloping while the adjacent hillsides upslope and downslope are very steep. Should a wildfire occur at the project site, this slope would increase the speed and intensity of the wildfire exacerbating wildfire risks. However, the proposed project does not involve occupants as it is simply a roadway repair and hillside stabilization project. The project would not alter the use or change the landscape/character of the site. Therefore, the project would not exacerbate wildfire risks and would not expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of wildfire.
c. The project involves the potential repair of existing culverts, should they require repairs/replacements, and the repair to an existing roadway; both of which experienced damage from recent storms. All potential impacts to the environment associated with the proposed project are discussed throughout this initial study. All potential impacts have been reduced to a less-than-significant level with the implementation of mitigation measures, the City’s Municipal Code, and/or General Plan policies. Given that the project site would benefit from the repairs associated with the project, in addition to implementation of the mitigation measures, the City’s Municipal Code, and/or General Plan policies listed in this initial study, any impacts that could exacerbate fire risk or that may result in temporary impacts to the environment would be less than significant. d. The proposed project does not involve people or structures. Therefore, the project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes.

5.B.a
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Section D Evaluation of Environmental Impacts 77 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

21. M ANDATORY FINDINGS OF SIGNIFICANCE
Comments:
a. Construction of the proposed project could have an adverse impact on s pecial-status plant and wildlife species that may be present at the site. Proposed construction activities could also have an impact on nesting birds in the project vicinity. Mitigation Measures BIO-1 through BIO-8 presented in Section 4.0, Biological Resources, would ensure potential impacts are less than significant. Therefore, the project would not have the potential to substantially degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self- sustaining levels; threaten to eliminate a plant or animal community; or substantially reduce the number or restrict the range of an endangered, rare, or threatened species.

The proposed project has the potential to result in adverse effects to unknown, buried historic resources or unique archaeological resources. As discussed in Section 5.0, Cultural Resources, implementation of mitigation measure CR-1, as well as regulations identified in the City Municipal Code would ensure that such an impact, if it were to occur, would not be significant and would not eliminate important examples of the major periods of California history or prehistory.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Does the project have the potential to substantially degrade the quality of the environment; substantially
reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self-
sustaining levels; threaten to eliminate a plant or
animal community; substantially reduce the number or
restrict the range of an endangered, rare, or threatened species; or eliminate important examples of the major
periods of California history or prehistory?
☐ ☒ ☐ ☐
b. Does the project have impacts that are individually
limited, but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probable future
projects)
☐ ☐ ☒ ☐
c. Does the project have environmental effects, which
will cause substantial adverse effects on human beings, either directly or indirectly?
☐ ☐ ☒ ☐

5.B.a
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Section D Evaluation of Environmental Impacts 78 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 b. Proposed project impacts that contribute to cumulative project construction impacts are required to be lessened per the mitigation measures presented in this initial study, as well as applicable City codes. With implementation of the mitigation measures, standards and policies identified herein, the project’s contribution to cumulative project impacts would not be considerable.
c. Based on the analysis provided in this initial study, the proposed project could indirectly cause substantial adverse effects to human beings through temporary construction criteria air pollutants, and temporary construction noise. However, as discussed throughout this initial study, the impacts would not be significant with implementation of uniformly applied regulations. Therefore, the proposed project would not result in significant environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly.

5.B.a
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Section E Sources 79 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 E. S OURCES
Environmental Setting
Google Earth. 2025.

Project Description
City of Fremont. Morrison Canyon Road Emergency Slope Repair – Conceptual Plan.

Received January 27, 2025.

Aesthetics
California Department of Transportation. “California State Scenic Highway System Map.” Accessed on November 21, 2024.
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46 cc8e8057116f1aacaa
City of Fremont. September 2011. Final Environmental Impact Report State Clearinghouse Number:
2010082060 Fremont Draft General Plan Update. Fremont, CA.

Ninyo & Moore. June 2023. Morrison Canyon Road Visual Assessment Report. Fremont, CA.

Agriculture
California Department of Conservation. “California Important Farmland Finder.” Accessed on November 12, 2024. https://maps.conservation.ca.gov/DLRP/CIFF/ California Department of Conservation. “California Williamson Act Enrollment Finder.” Accessed on February 7, 2025. https://maps.conservation.ca.gov/dlrp/WilliamsonAct/ City of Fremont. “Fremont eGIS Public.” Accessed on November 12, 2024. https://egis.fremont.gov/gisapps/fremont/index.html?viewer=Public.gvh&_gl=1*17g m3ap*_ga*ODAxMzQwNTYzLjE3MzEzNjAwMzA.*_ga_24CKMMECR8*MTczMT QzNjcxOS41LjEuMTczMTQzNzM1MS41Ni4wLjA.

City of Fremont. September 2011a. Final Environmental Impact Report State Clearinghouse Number:
2010082060 Fremont Draft General Plan Update. Fremont, CA.

City of Fremont. December 2011b. City of Fremont General Plan. Fremont, CA.

Air Quality
Bay Area Air Quality Management District. 2022. California Environmental Quality Act Air Quality Guidelines. April 20, 2022. https://www.baaqmd.gov/plans-and-climate/california- environmental-quality-act-ceqa/updated-ceqa-guidelines

5.B.a
Packet Pg. 233
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Section E Sources 80 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Bay Area Air Quality Management District. 2017a. Spare the Air Cool the Climate A Blueprint for Clean Air and Climate Protection in the Bay Area Final 2017 Clean Air Plan. https://www.baaqmd.gov/plans-and-climate/air-quality-plans/current-plans.

April 19, 2017
Bay Area Air Quality Management District. 2017b. Air Quality Standards and Attainment Status.

January 5, 2017. https://www.baaqmd.gov/about-air-quality/research-and-data/air- quality-standards-and-attainment-status. Accessed February 6, 2025 City of Fremont. 2024. Fremont Municipal Code Section 18.218.050 - Standard Development Requirements. November 12, 2024.
https://www.codepublishing.com/CA/Fremont/html/Fremont18/Fremont18218.htm l. Accessed February 10, 2025
CSG Consultants, Inc. 2025. Morrison Canyon Road Emergency Slope Repair. January 21, 2025 Biological Resources
Baldwin, B. et al. 2012. The Jepson Manual: Vascular Plants of California. Second Edition. University of California Press, Berkeley, CA.

Calflora Database. 2025. Calflora: Information on California plants for education, research and conservation online database. Berkeley, California. Accessed January 2025. https://www.calflora.org/ California Department of Fish and Wildlife (CDFW). 2025a. California Natural Diversity Database (CNDDB) online database. Sacramento, California. Accessed January 2025. https://wildlife.ca.gov/data/cnddb
CDFW. 2025b. Biogeographic Information and Observation System (BIOS) online database.

Sacramento, California. Accessed January 2025. http://bios.dfg.ca.gov CDFW. 2025c. California Natural Community List. Sacramento, California. Accessed January 2025. https://wildlife.ca.gov/Data/VegCAMP/Natural-Communities CDFW. 2025d. California Essential Habitat Connectivity Project. Sacramento, California. Accessed January 2025. https://wildlife.ca.gov/Conservation/Planning/Connectivity/CEHC CDFW. 2008b. Life History Account for California Red-legged Frog. Wildlife Habitat Relationships System. California Interagency Wildlife Task Group.

CDFW. 2018. Protocols for Surveying and Evaluating Impacts to Special-Status Native Plant Populations and Sensitive Natural Communities. Sacramento, California.
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline California Invasive Plant Council (Cal-IPC). 2025. Cal-IPC Invasive Plant Inventory online database.

Accessed January 2025. https://www.cal-ipc.org/plants/inventory/

5.B.a
Packet Pg. 234
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Section E Sources 81 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 California Native Plant Society (CNPS). 2001. CNPS Botanical Survey Guidelines.

Sacramento, California. https://www.cnps.org/plant-science/field-protocols-guidelines California Native Plant Society (CNPS). 2025a. Manual of California Vegetation.

Sacramento, California. Accessed January 2025.
https://www.cnps.org/vegetation/manual-of-california-vegetation California Native Plant Society (CNPS). 2025b. Inventory of Rare and Endangered Plants of California online database. Sacramento, California. Accessed December 2024. http://www.rareplants.cnps.org
City of Fremont. 2011a. A Vision for Fremont’s Future General Plan 2030. Chapter 7. Conservation Element. Accessed January 2025.
https://www.fremont.gov/home/showpublisheddocument/791/637750630830170000 City of Fremont. September 2011b. Final Environmental Impact Report State Clearinghouse Number:
2010082060 Fremont Draft General Plan Update. Fremont, CA.

City of Fremont. 2025. Municipal Code. Accessed February 2025. https://www.codepublishing.com/CA/Fremont/
iNaturalist. 2025. Community Observations. Accessed January 2025. https://www.inaturalist.org/observations
Jepson Flora Project. 2025. Jepson eFlora online database. Accessed January 2025. https://ucjeps.berkeley.edu/eflora/
Jameson, E. W., and Hans J. Peeters. 2004. Mammals of California. University of California Press.

Nafis, G. 2025. California Herps: A Guide to the Amphibians and Reptiles of California online database. http://www.californiaherps.com/
Sawyer, J. O., T. Keeler-Wolf, and J.M. Evens. 2009. A Manual of California Vegetation.

California Native Plant Society, Sacramento, CA.

Sibley, David A. 2016. The Sibley Field Guide to Birds of Western North America: Second Edition.

New York, Alfred A. Knopf.

U.S. Fish and Wildlife Service (USFWS). 2025a. Critical Habitat for Threatened and Endangered Species online mapper. Accessed January 2025.
https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe 09893cf75b8dbfb77
USFWS. 2025b. Endangered Species Program online database. Species list for Morrison Canyon.

Washington, D.C. Accessed January 2025. http://www.fws.gov/endangered/ USFWS. 2025c. National Wetlands Inventory online database. Washington, D.C.

Accessed January 2025. http://www.fws.gov/wetlands/

5.B.a
Packet Pg. 235
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Section E Sources 82 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 USFWS. 2003. Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander.

USFWS. 2005. Revised Guidance on Site Assessments and Field Surveys for the California Red-Legged Frog U.S. Geological Survey (USGS). 2024. National Map Spot Elevation Data. Online mapper. https://apps.nationalmap.gov/viewer/
Cultural Resources
City of Fremont. Fremont Municipal Code. Current through November 12, 2024. https://www.codepublishing.com/CA/Fremont/
EMC Planning Group. February 2025. Morrison Canyon Road Storm Repair and Mitigation Project - Phase I Archaeological Survey. Monterey, CA.

Northwest Information Center. File No. 24-0730.

Energy
California Air Resources Board. 2023. In-Use Off-Road Diesel-Fueled Fleets Regulation.

August 18, 2023. https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled- fleets-regulation. Accessed February 10, 2025
California Air Resources Board. 2021. Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling. September 9, 2021. https://ww2.arb.ca.gov/our- work/programs/atcm-to-limit-vehicle-idling/about. Accessed February 10, 2025 California Air Resources Board. 2018. Low Carbon Fuel Standard. 2018. https://ww2.arb.ca.gov/our-work/programs/low-carbon-fuel-standard/about.

Accessed February 10, 2025
Environmental Protection Agency. 2024. Basic Information about the Emission Standards Reference Guide for On-road and Nonroad Vehicles and Engines. May 16, 2024. https://www.epa.gov/emission-standards-reference-guide/basic-information-about- emission-standards-reference-guide-road. Accessed February 10, 2025 Geology and Soils
Alameda County. (2016). Onsite Wastewater Treatment Systems Local Agency Management Program. Accessed on February 03, 2025.
http://www.acgov.org/uninc/documents/AlamedaCountyDRAFTLAMPPublicNotice 03-11-2016.pdf
California Geological Survey Department of Conservation. Earthquake Zones of Required Investigation. Accessed on February 03, 2025.
https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/

5.B.a
Packet Pg. 236
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Section E Sources 83 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 City of Fremont. September 2011a. Final Environmental Impact Report State Clearinghouse Number:
2010082060 Fremont Draft General Plan Update. Fremont, CA.

City of Fremont. Fremont Municipal Code. Current through November 12, 2024. https://www.codepublishing.com/CA/Fremont/
Ninyo & Moore. June 2024. Geotechnical Evaluation – Slope Stability Assessment, Morrison Canyon Road Landslides Fremont, California. Fremont, CA.

United States Geological Survey. (2024). U.S. Landslide Inventory and Susceptibility Map.

Accessed on February 03, 2025.
https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=ae120962f459434b8 c904b456c82669d
Greenhouse Gas Emissions
Bay Area Air Quality Management District. 2022. Justification Report: CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans. April, 2022 Hazards and Hazardous Materials
CalFire. “Fire Hazard Severity Zone Viewer.” Accessed on February 23, 2025. https://experience.arcgis.com/experience/03beab8511814e79a0e4eabf0d3e7247/ California Environmental Protection Agency. “List of solid waste disposal sites identified by Water Board with waste constituents above hazardous waste levels outside the waste management unit (PDF).” Accessed on November 18, 2024a. chrome- extension://efaidnbmnnnibpcajpcglclefindmkaj/https://calepa.ca.gov/wp- content/uploads/sites/6/2016/10/SiteCleanup-CorteseList-CurrentList.pdf California Environmental Protection Agency. “List of “active” CDO and CAO from Water Board (MS Excel, 1,453 KB).” Accessed on November 18, 2024b. https://calepa.ca.gov/sitecleanup/corteselist/
California Environmental Protection Agency. “List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC.” Accessed on November 18, 2024c.
https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/?emrc=63f01af3d8806 California Department of Toxic Substances Control. “Envirostor.” Accessed on November 18, 2024. https://www.envirostor.dtsc.ca.gov City of Fremont. (2024). City of Fremont Evacuation Routes. City of Fremont Evacuation Map.

Accessed on January 30, 2025.
https://www.arcgis.com/apps/mapviewer/index.html?webmap=0dd6fd25e07c4c5ab84 48787f072dc14

5.B.a
Packet Pg. 237
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Section E Sources 84 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Google Earth. 2024.

State Water Resources Control Board. “GeoTracker.” Accessed on April 11, 2024. https://geotracker.waterboards.ca.gov/map/?myaddress=California&from=header&cq id=4177076041
Hydrology and Water Quality
California Department of Conservation. “Tsunami Hazard Area Map.” Accessed on February 04, 2025.
https://maps.conservation.ca.gov/cgs/informationwarehouse/ts_evacuation/ California Geological Survey Department of Conservation. FEMA's National Flood Hazard Layer Viewer. Accessed on February 05, 2025. https://hazards- fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b 5529aa9cd
City of Fremont. Fremont Municipal Code. Current through November 12, 2024. https://www.codepublishing.com/CA/Fremont/
Federal Emergency Management Agency. “FEA Flood Map Service Center: Search By Address.” Accessed on February 21, 2025.
https://msc.fema.gov/portal/search#searchresultsanchor
Ninyo & Moore. June 2024. Geotechnical Evaluation – Slope Stability Assessment, Morrison Canyon Road Landslides Fremont, California. Fremont, CA.

Land Use and Planning
City of Fremont. December 2011b. City of Fremont General Plan. Fremont, CA.

Mineral Resources
City of Fremont. December 2011b. City of Fremont General Plan. Fremont, CA.

Noise
City of Fremont. December 2011b. City of Fremont General Plan. Fremont, CA.

City of Fremont. Fremont Municipal Code. Current through November 12, 2024. https://www.codepublishing.com/CA/Fremont/
Population and Housing
City of Fremont. Morrison Canyon Road Emergency Slope Repair – Conceptual Plan.

Received January 27, 2025.

5.B.a
Packet Pg. 238
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Section E Sources 85 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Public Services
City of Fremont. Morrison Canyon Road Emergency Slope Repair – Conceptual Plan.

Received January 27, 2025.

Recreation
City of Fremont. Morrison Canyon Road Emergency Slope Repair – Conceptual Plan.

Received January 27, 2025.

Transportation
City of Fremont. (2024). City of Fremont Evacuation Routes. City of Fremont Evacuation Map.

Accessed on January 30, 2025.
https://www.arcgis.com/apps/mapviewer/index.html?webmap=0dd6fd25e07c4c5ab84 48787f072dc14
City of Fremont. December 2011b. City of Fremont General Plan. Fremont, CA.

Tribal Cultural Resources
Hungerford, Mark, Senior Planner, City of Fremont. Comment on draft initial study via email message to consultant, 29 July 2025.

Utilities and Service Systems
Alameda County Water District. (2024). Water Resources Master Plan Update. Water Resources Master Plan Update | Alameda County Water District.
https://www.acwd.org/805/Water-Resources-Master-Plan-Update Alameda County Water District. (n.d.). State water project. State Water Project. https://www.acwd.org/378/State-Water-Project
City of Fremont. September 2011a. Final Environmental Impact Report State Clearinghouse Number: 2010082060 Fremont Draft General Plan Update. Fremont, CA.

Wildfire
CalFire. “Fire Hazard Severity Zone Viewer.” Accessed on February 23, 2025. https://experience.arcgis.com/experience/03beab8511814e79a0e4eabf0d3e7247/ City of Fremont. Fremont Municipal Code. Current through November 12, 2024a. https://www.codepublishing.com/CA/Fremont/

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR

Section E Sources 86 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 City of Fremont. “Natural Hazards.” Accessed on March 13, 2025. https://experience.arcgis.com/experience/2995bc506b5a41b8b28c4974f43392c2#data _s=id%3Awidget_22_output_config_0%3A0
City of Fremont. (2024b). Wildfire Preparedness. Emergency Preparedness. https://www.fremont.gov/residents/emergency-preparedness/wildfire United States Geological Survey. (2024). U.S. Landslide Inventory and Susceptibility Map.

Accessed on February 03, 2025.
https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=ae120962f459434b8 c904b456c82669d

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Attachment: Exhibit A – Mitigated Negative Declaration and Final Initial Study, PWC9105 (5570 : MORRISON CANYON ROAD STORM REPAIR Mitigation Monitoring and Reporting Program 1 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation October 2025 Mitigation Monitoring and Reporting Program

1.1 Introduction
CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects.

The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures.

A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented.

1.2 Mitigation Monitoring and Reporting Program
The bases for this monitoring program are the mitigation measures included in the project mitigated negative declaration. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent (City of Fremont) is required to complete before, during and after implementation of the proposed project.

The attached checklist is proposed for monitoring the implementation of the mitigation measures.

This monitoring checklist contains all appropriate mitigation measures in the mitigated negative declaration.

1.3 Mitigation Monitoring and Reporting Program Procedures The City of Fremont shall use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows:

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Attachment: Exhibit B – Mitigation Monitoring and Reporting Program (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) Mitigation Monitoring and Reporting Program 2 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation October 2025

1. The City of Fremont Planning Division should be responsible for coordination of the monitoring program, including the monitoring checklist. The City of Fremont Planning Division should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures.

2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the City of Fremont Planning Division to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the City of Fremont Planning Division.

3. The City of Fremont Planning Division will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to ground-disturbing activities, etc. Compliance with mitigation measures is required for project approvals.

4. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the City of Fremont Planning Division within 10 days, describing the non-compliance and requiring compliance within a specified period of time.

1.4 Monitoring and Reporting Checklist
Step 1 - Prior to Ground-Disturbing Activities
BIO-1 Focused Plant Surveys. During the peak blooming periods (June and August) for chaparral harebell, most beautiful jewel flower, and Congdon’s tarplant prior to ground disturbance, a biologist qualified in Alameda County botany shall conduct a focused survey of the proposed area of impact (including construction staging areas). Surveys will be conducted in accordance with current CDFW and CNPS rare plant survey protocols (CDFW 2018 and CNPS 2001). The surveys will occur during the peak blooming period for each species to determine its presence or absence. Based on the known blooming periods of these special-status plant species, two surveys would be necessary to adequately survey the project site: the first in June, the second in August.

Party Responsible for Implementation: City of Fremont
Party Responsible for Monitoring: City of Fremont Planning Division Monitoring Notes:

Mitigation measure BIO-1 has been completed. The two focused plant surveys were conducted by Rose Ashbach, M.S., Associate Biologist with EMC Planning Group on June 18, 2025 and August 6, 2025. The survey results were negative. No special-status plants were found.

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Attachment: Exhibit B – Mitigation Monitoring and Reporting Program (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) Mitigation Monitoring and Reporting Program 3 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation October 2025 BIO-2 Alameda Whipsnake. The City of Fremont shall obtain an Incidental Take Permit from the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) for potential project impacts to Alameda whipsnake, and implement all avoidance, minimization, and compensatory mitigation measures required by these permits. The extent of protection measures will be finalized in Incidental Take Permits, including, but not limited to, the following:
a. Qualified project biologists approved by the USFWS and CDFW shall supervise and/or implement all species protection measures. Construction supervisors shall attend a training session regarding the protection measures (see Mitigation Measure BIO-3). Construction contracts shall expressly include language requiring compliance with protection measures.
b. At least 15 days prior to ground disturbance, the City of Fremont shall submit the name and credentials of the project biologists who would implement protective measures. No project activities shall begin until the City of Fremont has received written approval from the USFWS and CDFW that the project biologists are qualified to conduct the work.
c. The project biologists shall have the authority to halt construction work at any time to prevent harm to Alameda whipsnake or when any of the permit-specified protection measures have been violated. Work shall re-commence only when authorized by the project biologists. If work is stopped due to potential harm to protected species, the project biologists shall contact the USFWS and/or CDFW by telephone or email on the same day to communicate the event and coordinate appropriate action.
d. A project biologist shall be present during all initial ground disturbance activities; the biologist shall conduct biological construction monitoring in all work areas with potential to impact Alameda whipsnake. Before the start of work each day, a designated monitor shall check for wildlife under any equipment such as vehicles and stored pipes within active construction zones that are fenced. A designated monitor shall also check all excavated steep-walled holes or trenches greater than one foot deep for trapped animals. If Alameda whipsnake is observed within an active construction zone, a project biologist shall be notified immediately and all work within 100 feet of the individual animal shall be halted and all equipment turned off until the animal has left the area on its own accord or the biologist has captured and removed the individual from the work area. Alameda whipsnake shall only be relocated to a USFWS /CDFW -approved off-site location according to permit specifications.
e. Special-status species shall be excluded from the project site by installing exclusionary fencing (i.e., silt fencing or other appropriate fencing) where possible.

This will prevent construction from expanding into natural areas and prevent any

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Attachment: Exhibit B – Mitigation Monitoring and Reporting Program (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) Mitigation Monitoring and Reporting Program 4 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation October 2025 special-status species that may migrate through the site from becoming harmed during ground disturbing work. A USFWS and CDFW approved biologist will conduct weekly exclusionary fence inspections to ensure that any breaks in the fencing are repaired.

Training topics shall include special-status species with potential to occur on the project work sites as determined by final site plan impact boundaries and results of focused surveys. Species discussed shall include Alameda whipsnake, California red-legged frog, foothill yellow-legged frog, California tiger salamander, San Francisco dusky footed woodrat, special-status bumblebees, special-status bats, and nesting birds and raptors.

Party Responsible for Implementation: City of Fremont
Party Responsible for Monitoring: City of Fremont Planning Division

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Attachment: Exhibit B – Mitigation Monitoring and Reporting Program (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) Mitigation Monitoring and Reporting Program 5 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation October 2025 Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-4 Special-Status Amphibians. The City of Fremont shall obtain an Incidental Take Permit from the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) for potential project impacts to California red‐legged frog, foothill yellow-legged frog and California tiger salamander, and implement all avoidance, minimization, and compensatory mitigation measures required by these permits. The extent of protection measures will be finalized in Incidental Take Permits, including, but not limited to, the following:
 Direct impacts to potential breeding habitat (Morrison Creek) will be avoided.  Ground‐disturbing activities within upland areas will be limited to dry weather between April 15 and October 31. No ground‐disturbing work will occur during wet weather. Wet weather is defined as when there has been 0.25 inch of rain in a 24‐ hour period. Ground‐disturbing activities halted due to wet weather may resume when precipitation ceases and the National Weather Service 72‐hour weather forecast indicates a 30 percent or less chance of precipitation. No ground‐disturbing work will occur during a dry‐out period of 48 hours after the above referenced wet weather. If construction would need to continue past October 31, the applicant will request an authorization from USFWS and CDFW to extend the work period.  Where applicable, exclusion fencing will be installed around the worksite to prevent amphibians from entering the work area. Exclusion fencing will be removed within 72 hours of completion of work.
 Before construction begins, a qualified biologist will locate appropriate relocation areas and prepare a relocation plan for special‐status amphibians that may need to be moved during construction. The proponent will submit this plan to USFWS and CDFW for approval prior to the start of construction.
 A qualified biologist will conduct preconstruction surveys immediately prior to ground-disturbing activities (including equipment staging, vegetation removal, and grading). The biologist will survey the work area and all suitable habitat within 300 feet of the work area. If relocation is deemed necessary, it will be conducted in accordance with the relocation plan.
 If special‐status amphibians are found in the work area during construction and cannot or do not move off-site on their own, a USFWS and/or CDFW‐approved

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Attachment: Exhibit B – Mitigation Monitoring and Reporting Program (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) Mitigation Monitoring and Reporting Program 6 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation October 2025 biologist will trap and move special‐status amphibians in accordance with the relocation plan.
 No monofilament plastic mesh or line will be used for erosion control.  All construction activity will terminate 30 minutes before sunset and will not resume until 30 minutes after sunrise during the migration/active season from November 1 to June 15. Sunrise and sunset times are established by the U.S. Naval Observatory Astronomical Applications Department for the geographic area where the project is located.
 To prevent inadvertent entrapment of special‐status amphibians during construction, all excavated, steep‐walled holes or trenches more than six inches deep will be provided with one or more escape ramps constructed of earth fill or wooden planks and will be inspected prior to being filled.
 Work crews or an onsite biological monitor will inspect open trenches, pits, and under construction equipment and material left on-site in the morning and evening to look for amphibians that may have become trapped or are seeking refuge.

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Attachment: Exhibit B – Mitigation Monitoring and Reporting Program (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) Mitigation Monitoring and Reporting Program 7 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation October 2025 from the deconstructed nest. Once nest(s) have been deconstructed and woodrats have left the construction area, a letter report shall be prepared by the biologist and submitted to the City of Fremont, where it shall be kept on file.

If bumble bee nests are detected and the area can be avoided, a qualified biologist shall supervise the installation of protective fencing/flagging a minimum of 50 feet around the nest area prior to construction. The fencing/flagging will be checked at least once per week until construction is complete to ensure that the protective fencing/flagging remains intact. The qualified biologist can conduct the weekly checks or train a biological monitor selected from the construction crew by the construction contractor (typically the project foreman) to check the fencing/flagging and provide weekly updates.

Documentation of the fencing/flagging installation shall be provided to the City prior to the start of ground disturbance activities. Documentation of the weekly checks and timely maintenance (if needed) shall be provided to the City quarterly during construction.

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Attachment: Exhibit B – Mitigation Monitoring and Reporting Program (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) Mitigation Monitoring and Reporting Program 8 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation October 2025 Party Responsible for Implementation: City of Fremont
Party Responsible for Monitoring: City of Fremont Planning Division Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-7 Special-Status Bat Species. The following measures shall be implemented to avoid loss of or harm to special-status bat species:

3. If bats or roosting sites are found, bats shall not be disturbed without specific notice to and consultation with CDFW.

A request to evict bats from a roost includes details for excluding bats from the roost site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. Any bat eviction shall be timed to avoid lactation and young-rearing. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the

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Attachment: Exhibit B – Mitigation Monitoring and Reporting Program (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) Mitigation Monitoring and Reporting Program 9 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation October 2025 night to listen for bat pups. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the CDFW) shall be established around the roosting site within which no construction activities shall occur until after the nursery season
Party Responsible for Implementation: City of Fremont
Party Responsible for Monitoring: City of Fremont Planning Division Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-8 Protected Nesting Birds and Raptors. To avoid impacts to nesting birds and raptors during the nesting season (January 15 through September 15), all construction activities shall be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys.
a. Two surveys for active bird nests shall occur within 14 days prior to start of ground disturbance, with the final survey conducted within 48 hours prior to ground disturbance. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. If no nesting birds are found, a letter report confirming absence shall be prepared and submitted to the City of Fremont and no further mitigation is required.
b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of

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Attachment: Exhibit B – Mitigation Monitoring and Reporting Program (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) Mitigation Monitoring and Reporting Program 10 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation October 2025 unusual or distressed behavior (e.g., defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report shall be prepared and submitted to the City of Fremont.

Standard erosion control and slope stabilization measures shall be required for work performed in any area where erosion could lead to sedimentation of the creek.
b. A planting plan including measures to stabilize riparian slopes through revegetation shall be developed. Slope stabilization shall incorporate local, native California bay woodland understory species capable of increasing soil stability, and California bay replacement at a 3:1 ratio or another ratio provided by the City of Fremont. Species from the California Invasive Plant

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Attachment: Exhibit B – Mitigation Monitoring and Reporting Program (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) Mitigation Monitoring and Reporting Program 11 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation October 2025 Council’s (Cal-IPC) Invasive Plant List (Cal-IPC 2025) shall be removed if present.
c. Maintenance and monitoring measures shall detail the maintenance, monitoring, and reporting required for the restoration of the site. The site shall be maintained and monitored for a minimum of five years after restoration to verify that restoration activities have been successful.

Maintenance activities may include, but not be limited to, watering during the plant establishment period, supplemental seed planting as needed, and removal of non-native plants. Monitoring shall include, at a minimum, quarterly monitoring reports for the first year and annual reports for the remaining four years. The performance standard for successful mitigation shall be a minimum 3:1 tree replacement ratio achieved in year five of monitoring. If mortality of tree plantings reduces the survival to below the 3:1 ratio, replanting shall be implemented to ensure the successful establishment of native riparian habitats sufficient to achieve the required acreages.

Party Responsible for Implementation: City of Fremont
Party Responsible for Monitoring: City of Fremont Planning Division Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-10 Jurisdictional Wetlands/Waterways. Road work and asphalt block removal shall be designed to minimize impacts to the riparian woodland and waters to the extent feasible. Prior to ground disturbance, the extent of potential wetlands and waterways regulated by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and CDFW shall be determined (wetland delineation report), and regulatory agency consultations shall occur.
a. If impacts to a federally jurisdictional feature may occur as a result of the project, a Clean Water Act Section 404 Nationwide Permit (NWP) may be appropriate. If the proposed activity would not otherwise qualify for a NWP, the applicant shall proceed with obtaining an Individual Permit from the USACE. For either permit, a formal wetland delineation report shall first be submitted to the USACE for a jurisdictional determination.
b. If impacts to wetlands or waters of the State may occur as a result of the project, the applicant shall coordinate with the RWQCB to obtain a Clean Water Act

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Attachment: Exhibit B – Mitigation Monitoring and Reporting Program (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) Mitigation Monitoring and Reporting Program 12 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation October 2025 Section 401 Water Quality Certification or Water Discharge Requirements Permit.

If impacts to wetlands, riparian areas, or streams are identified, the applicant shall coordinate with the CDFW to obtain a Streambed Alteration Agreement.

Party Responsible for Implementation: City of Fremont
Party Responsible for Monitoring: City of Fremont Planning Division Monitoring Notes:

EMC Planning Group met with USACE and RWQCB on July 10, 2025 – the RWQCB is taking jurisdiction. Additional culvert information was collected on August 6, 2025. As of October 6, 2025, applications for RWQCB permits have not been submitted while City decides on the project design for the culverts.

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Attachment: Exhibit B – Mitigation Monitoring and Reporting Program (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT)

October 6, 2025
Mark Hungerford
Senior Planner
City of Fremont Community Development Department
39550 Liberty Street
Fremont, CA 94538
Re: Morrison Canyon Road Storm Repair and Mitigation Project Mitigated Negative Declaration
Response to Comments
Dear Mark,
EMC Planning Group has reviewed the public comments that were received during the 30-day public review period (September 2, 2025 to October 2, 2025) for the above- referenced mitigated negative declaration (MND). The lead agency (City of Fremont, hereinafter “City”) is not required to respond to public comments on the proposed MND, but the City’s decision-making body is required to consider all comments prior to considering adoption of the MND and approval of the project. We are only providing responses to environmental issues, as well as comments on the environmental review (CEQA) process.

The following public comments were received, and are incorporated into this document.

Each letter is presented, followed by the response.

1. Pacific Gas and Electric Company, dated September 12, 2025; and

2. USD Tri-City Wastewater, dated September 30, 2025.

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Attachment: Exhibit C – Morrison Canyon Road Response to Comments (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) From: PGE Plan Review
To: Mark Hungerford
Subject: Morrison Canyon Road Storm Repair and Mitigation Project - PWC9105 (MAIL RECIEVED) Date: Friday, September 12, 2025 8:13:56 AM
Attachments: image001.png
Fremont mail.pdf
Classification: Internal
Dear Mark Hungerford,
We acknowledge receipt of your letter.

At your earliest convenience, kindly confirm whether you wish to proceed with a plan review.

We will be pleased to assist upon receiving your confirmation.

To ensure a smooth review process and prompt responses, we kindly ask that all future inquiries include relevant documents sent as email attachments.

Thank you,
Pacific Gas and Electric Company
Plan Review Team
Email: [email protected]
You can read about PG&E’s data privacy practices at PGE.com/privacy.

Comment Letter #1
______________
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Attachment: Exhibit C – Morrison Canyon Road Response to Comments (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) Mark Hungerford
City of Fremont
October 6, 2025, Page 3
Letter #1 - Pacific Gas and Electric Company

1. The commenter asks for confirmation from City staff whether plan review will proceed and offers assistance upon receiving confirmation.

This comment does not raise an environmental topic and, therefore, no response is necessary. No change to the MND is required.

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Attachment: Exhibit C – Morrison Canyon Road Response to Comments (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) From: Andrew Baile
To: Mark Hungerford
Cc: Richard Thow
Subject: RE: Morrison Canyon Road Storm Repair and Mitigation Project (PWC9105) - Draft IS/MND Date: Tuesday, September 30, 2025 4:27:51 PM
Attachments: Outlook-so3yzjme.png
Morisson Canyon (PWC9105).pdf
Hello Mr. Hungerford,
Thank you for the notice to review and provide comment for the Draft Initial Study/Mitigated Negative Declaration for the Morrison Canyon Road Storm Repair and Mitigation Project (PWC9105). After review of the project location identified in the study, it was determined that there are no USD assets within the boundaries of the scope of work as provided in Appendix A of the IS/MND (see attachment). As there are no USD assets within the project location, we do not have any further comments.

Is this email sufficient or would you like to receive a formal letter of no comment? Thank you,
Andrew Baile
Assistant Engineer
510-477-7633
www.unionsanitary.ca.gov
_____________________
** For permit inquiries and sewer map requests, please e-mail us at: [email protected]. ** Comment Letter #2
______________________
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Attachment: Exhibit C – Morrison Canyon Road Response to Comments (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) Mark Hungerford
City of Fremont
October 6, 2025, Page 5
Letter #2 - USD Tri-City Wastewater

1. The commenter states that there are no USD assets within the boundaries of the scope of work identified in the initial study. The commenter has no further comments.

This comment does not raise an environmental topic and, therefore, no response is necessary. No change to the MND is required.

If you have any questions, feel free to reach me at [email protected]. Thank you! Sincerely,
Shoshana Lutz
Senior Planner

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Attachment: Exhibit C – Morrison Canyon Road Response to Comments (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT)

Resolution 2025-XX Page 1 of 3

DRAFT

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT ADOPTING A MITIGATED NEGATIVE DECLARATION

AND MITIGATION MONITORING AND REPORTING PROGRAM FOR

THE MORRISON CANYON ROAD STORM REPAIR AND MITIGATION
PROJECT (PWC9105)

WHEREAS, the Morrison Canyon Road Storm Repair and Mitigation Project (“Project”) would provide for the repair of a section of Morrison Canyon Road, including the replacement of damaged pavement, the installation of a retaining wall, and the installation of hazard protection measures along the adjacent uphill slope; and

WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), the City prepared an Initial Study and draft Mitigated Negative Declaration (State Clearinghouse No. 2022080253) (“IS/MND”) for the Project; and

WHEREAS, the IS/MND concluded that potentially significant environmental effects pertaining to biological resources including special-status plant species, Alameda Whipsnake, Worker Environmental Awareness Program (WEAP) requirements, Special-Status Amphibians, San Francisco Dusky-Footed Woodrat, Special-Status Bumblebees, Special-Status Bat Species, Protected Nesting Birds and Raptors, Sensitive Natural Communities, and Jurisdictional Wetlands/Waterways) would be avoided or reduced to less-than-significant levels by mitigation measures (“MM”) identified in the IS/MND; and

WHEREAS, on September 2, 2025, the City issued a Notice of Intent to Adopt a Mitigated Negative Declaration for the Project in accordance with the requirements of CEQA; and

WHEREAS, on September 2, 2025, the Draft IS/MND for the Project was distributed to responsible agencies and circulated for public review and comment, for a period that ended on October 2, 2025, in accordance with the requirements of CEQA; and

WHEREAS, the City received two written letters during the public review period from the Union Sanitary District and Pacific Gas & Electric, both containing no comments regarding environmental topics; and

WHEREAS, the City determined that there are no added conditions necessary to mitigate an avoidable significant effect, and therefore recirculation of the Draft IS/MND is not required pursuant to CEQA Guidelines Section 15073.5(c)(3); and

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Attachment: Exhibit D - Draft Resolution - Morrison Canyon Rd MND (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT)

Resolution 2025-XX Page 2 of 3

WHEREAS, on November 18, 2025 the City Council held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the IS/MND along with a Mitigation Monitoring and Reporting Program (MMRP), all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and

WHEREAS, the City Council has independently reviewed and considered the IS/MND together with the comments and the responses to those comments prior to taking action on the Project.; and

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

SECTION 1. FINDINGS. The City Council makes the following findings and determinations with respect to the IS/MND for the Project:

1. The City Council has independently reviewed and considered the IS/MND and comments received during the public review period prior to acting on the Project; and

2. The IS/MND is complete and adequate and reflects the City’s independent judgment and analysis as to the environmental effects of the Project; and

3. The text revisions to the Draft IS/MND do not require recirculation pursuant to CEQA Guidelines Section 15073.5(c)(3), in that the additional conditions of approval are not necessary to mitigate an avoidable significant effect; and

4. On the basis of the whole record before it, there is no substantial evidence that the Project as proposed and mitigated will have a significant effect on the environment.

SECTION 2. MITIGATED NEGATIVE DECLARATION. The City Council hereby adopts the Mitigated Negative Declaration for the Project, as more particularly shown in Exhibit “A” to the November 18, 2025 City Council staff report, attached hereto and incorporated herein as Attachment 1.

SECTION 3. MITIGATION MONITORING AND REPORTING PROGRAM. The City Council hereby adopts the Mitigation Monitoring and Reporting Program for the Project, as more particularly shown in Exhibit “B” to the November 18, 2025 City Council staff report, attached hereto and incorporated herein as Attachment 2.

SECTION 4. NOTICE OF DETERMINATION. The City Council hereby directs staff to file a Notice of Determination with the County Clerk of Alameda County.

SECTION 5. The effective date of this resolution shall be November 18, 2025.

ADOPTED November 18, 2025, by the City Council of the City of Fremont by the following vote:

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Attachment: Exhibit D - Draft Resolution - Morrison Canyon Rd MND (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT)

Resolution 2025-XX Page 3 of 3

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

__________________________________ ________________________________ City Clerk City Attorney

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Attachment: Exhibit D - Draft Resolution - Morrison Canyon Rd MND (5570 : MORRISON CANYON ROAD STORM REPAIR PROJECT) Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Fees & Rates

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5564) DOC ID: 5564
Updated: 11/13/2025 7:41 AM by Dina Lewis Page 1

RENT REVIEW ORDINANCE ANNUAL REPORT AND ADMINISTRATION FEE ADOPTION – Public Hearing (Published Notice) to Review the Annual Report on the Rent Review Ordinance, Adopt the Administration Fee for FY 2025/26 and Increase Budget Appropriation
Contact Persons:

Name: Robert Lopez David Persselin
Title: CDBG Administrator Finance Director
Div/Dept: Human Services Department Finance Department
Phone: 510-574-2043 510-494-4631
E-Mail: [email protected] [email protected]

Executive Summary: As required by the Rent Review Ordinance (RRO), City staff has prepared the RRO Annual Report for City Council review. The RRO Annual Report provides an update on the status of the Rent Review Program (Program). Staff has also determined the recommended FY 2025/26 annual RRO administration fee for Council’s adoption.

The RRO authorizes the City to recover all expenditures for the administration of the RRO by collecting a per rental unit administration fee from residential landlords. The purpose of this staff report is to recommend that the City Council adopt a per-unit administration fee of $23.00 for FY 2025/26 to recover the full cost of administering the RRO, and increase the RRO budget by appropriating an additional $16,906 in the Rent Review Fund (Fund 197).

BACKGROUND: On October 3, 2017, the City Council adopted the RRO, creating the Rent Review Program (Program) to review proposed residential rent increases exceeding 5% and establishing a Rent Review Board, although tenants and landlords are encouraged to attempt to resolve their differences through consultation and mediation before proceeding to a hearing. The RRO also requires written notice to tenants in multiple languages, establishes a penalty for landlord retaliation against tenants of $2,000 (the maximum allowable under state law), and specifies that rent may only be raised one time a year.

There is also a requirement for an annual report to the City Council assessing the effectiveness of the RRO. The RRO covers all residential rental units in Fremont, including single family homes and condominiums, with a few exceptions.

The RRO is funded through an annual per-unit cost-recovery fee (Administration Fee) that is approved annually by the City Council and subsequently billed to residential landlords. To determine the Administration Fee, staff divides the total costs incurred for the administration of the RRO by the number of residential rental units subject to the RRO, with adjustments to reflect the expected collection rate and remaining funds from the prior year.

In FY 2024/25, the fee was $16.00 per unit. This year the recommended Administration Fee amount is $23.00 per residential unit.

DISCUSSION/ANALYSIS:

FY 2024/25 Rent Review Ordinance Annual Report

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Council Staff Report (ID # 5564) Meeting of November 18, 2025 Updated: 11/13/2025 7:41 AM by Dina Lewis Page 2
The following information serves as the required annual report to the City Council to continue assessing the effectiveness of the RRO. The report covers the period from July 1, 2024, to June 30, 2025. As of the 2020 Census, the City has approximately 234,829 residents and 78,038 occupied housing units.1 Of the total housing units in Fremont, about 21% are occupied by renters. There are approximately 17,084 rental units in Fremont that are subject to the RRO. Rental units that are not subject to the RRO include hotels, boarding houses, transient accommodations, dormitories, mobile home space rentals, shared housing units, and junior accessory dwelling units. The average cost of rent in 2024-2025 for a 1-bedroom unit was $2,577.2

The Rent Review Program received many calls throughout the year, and staff worked closely with Project Sentinel’s Tenant Landlord Program to triage and assist both tenants and landlords with an array of issues. Project Sentinel’s Tenant Landlord Program is funded with federal Community Development Block Grant and Rent Review Ordinance funds. In total, 818 housing seekers, tenants, and housing providers were provided with counseling, assistance and referrals that included, but was not limited to:

• repairs and habitability, including code enforcement issues • security deposit refunds
• terminations and evictions
• rent increases
• non-payment of rent
• small claims court
• legal aid

About 21% of requests concerned non-payment of rent, tenancy termination, or evictions, and Program staff helped tenants and landlords to understand their rights and obligations under the state Tenant Protection Act.

The Program provides a review process for residential rent increases over 5% in a 12-month period, covering all residential rental units in the City. The Program starts with tenant- landlord consultation, and if no agreement is reached, either party can request a formal hearing before the Rent Review Board.

A total of 26 requests for rent review were received between July 1, 2024, and June 30, 2025. Most cases brought to the City are resolved within the first two steps of the RRO process, which include: 1) consultation; 2) mediation; and 3) Rent Review Board hearing. Of the 26 cases, 14 were resolved by consultation, mediation, and/or Rent Review Board hearing, which is about 54% of the cases brought for review. Eleven cases were unresolved after consultation and mediation and 1 case was cancelled by the tenant. In addition, one pending case from the prior fiscal year was resolved by mediation.

The Rent Review Board did not hear any rent review cases between 2020-2023, but in the past two fiscal years, the Board convened to hear three cases. The Board heard one case in FY 2024/25, which was resolved during the board hearing.

1 Data from the United States Census Bureau;
https://data.census.gov/cedsci/table?q=population%20in%20fremont&tid=ACSDP5Y2020.DP05 2 The average rent is calculated using data from Rent.com, Rent Café, and Zumper, and may be skewed depending on how each reporting agency collects their data.

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Council Staff Report (ID # 5564) Meeting of November 18, 2025 Updated: 11/13/2025 7:41 AM by Dina Lewis Page 3

Rent Review Ordinance FY 2024/25 Resolved Cases

1. An increase of 4.85% was accepted by Tenant and Landlord agreed to delay the effective date by four months.

2. An increase of 4.99% was accepted by Tenant and Landlord agreed to a 6-week concession according to the lease. (Subsequently, Tenant requested arbitration to resolve a dispute regarding interpretation of the mediation agreement, and the Arbitrator issued a Decision and Order for the tenant to receive the concession only after signing a new lease).

3. An increase of 15.68% was reduced to 6.0%.

4. An increase of 8.81% was accepted by Tenant after Landlord agreed to receive additional income information that confirmed the validity of the increase for the below-market rate unit.

5. An increase of 5.29% was reduced to 5.0%.

6. An increase of 8.75% was accepted by Tenant and Landlord agreed repair appliances.

7. An increase of 9.09% was reduced to 8.8%.

8. An increase of 8.76% was reduced to 6.98%.

9. An increase of 8.8% was cancelled.

10. An increase of 7.23% was cancelled.

11. An increase of 8.79% was reduced to 4.39%.

12. An increase of 8.78% was cancelled.

13. An increase of 5.0% was accepted by Tenant and Landlord agreed to a month-to- month tenancy instead of a lease.

14. An increase of 4.99% was accepted by Tenant and Landlord agreed to delay the effective date by two months.

15. An increase of 8.79% was cancelled.

16. An increase of 0% for a fixed-term lease was accepted by Tenant instead of an increase of 6.98% for a month-to-month tenancy.

FY 2025/26 Rent Review Ordinance Annual Administration Fee Staff has prepared a recommended per-unit Administration Fee for Council to adopt for FY 2025/26. The Administration Fee only applies to landlords with five or more units.

The Effect of Rollover Fund Balance: The Administrative Fee calculation utilizes a cost recovery model that factors in any unexpended RRO revenue from the previous fiscal year into the following year’s Administrative Fee by rolling over the unexpended amount to reduce the total costs to be recovered in the current fiscal year. For example, without the rollover balance in FY 2024/25, the Administration Fee would have been $22 per unit.

However, because of the $88,967 balance unexpended in FY 2023-24, the total cost-recovery amount in FY 2024/25 was reduced, and the Administration Fee was subsequently lower, at $16 per unit. That has been the history of the Administration Fee since the Program’s inception.

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Council Staff Report (ID # 5564) Meeting of November 18, 2025 Updated: 11/13/2025 7:41 AM by Dina Lewis Page 4

Table 1

At the beginning of the Rent Review Ordinance, full cost recovery was projected to be $24 per unit, but years of unexpected rollover funding has kept the fee lower. In FY 2021/22, staff redesigned the fee collection calculation to a cost-recovery model that would use up the rollover reserves and return the Administration Fee to a true cost recovery model (see Table 1). The proposed fee of $23 is close to the full cost recovery amount that was originally projected.

Amount to be Recovered: The cost recovery model divides the FY 2025/26 budgeted expenditures for administering the RRO by the total number of billable residential rental units in the City. The projected expenditures for FY 2025/26 are $407,497. This estimate has been adjusted from the adopted budget amount to cover the addition of a temporary Program assistant and increase in staff time to backfill for Program staff on leave. With a $18,751 fund balance available as of June 30, 2025, the net amount to recover through the Administration fee is $388,746.

Item Amount
FY 2025/26 RRO Projected Expenditures $407,497
Fund Balance Available ($18,751)
FY 2025/26 Amount to be Recovered: $388,746

Total Number of Billable Units: Staff estimates the total number of billable residential units to be 17,084. This number is based on the number of landlords that participated in the FY 2024/25 Administration Fee process. Based on actual collections for FY 2024/25, staff is estimating a 100% collection rate for these units, which is 17,084 units. Staff is continuously identifying new rental housing developments that come online that are subject to the Administration Fee.

Estimated residential rental unit fee: $23.00*
($388,746/17,084)

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Council Staff Report (ID # 5564) Meeting of November 18, 2025 Updated: 11/13/2025 7:41 AM by Dina Lewis Page 5
* Rounded up to the nearest whole dollar

Staff recommend that the City Council adopt a per-unit Administrative Fee of $23.00 for FY 2025/26, to recover the full cost of administering the RRO. The $23.00 fee is an increase of $7.00 from FY 2024/25. As mentioned above, this increase can be attributed to the lower fund rollover amount from the previous fiscal year. The increase is also partially attributed to the increased staffing costs.

At $23.00 per unit, the fee remains substantially lower than that of programs in the San Francisco Bay Area, that range from rent review programs like Fremont and Hayward, to full rent control programs like the cities of Berkeley, Oakland, and Richmond (See Table 2).

City of Berkeley $344
City of Richmond $267
City of Oakland $137
City of Mountain View $130
City of Alameda $168
City of San Jose $77
City of Hayward $66
City of San Francisco $58
Table 2: SF Bay Area Fees (per unit)

The Master Fee Schedule is amended annually to reflect each year’s budgeted or projected program expenditures, the rental unit inventory, and the estimated collection rate. In the event that the fees collected in one year exceed or fall below actual costs, adjustments will be made when the City determines the Administrative Fee for the following year.

FISCAL IMPACT: All of the City’s ongoing costs incurred in the implementation and administration of the RRO will be recovered from rental unit owners through the annual Administration Fee accounted for in the Rent Review Fund (Fund 197). In the FY 2025/26 adopted budget, the City Council appropriated an RRO budget of $390,591, but staff is requesting an additional appropriation of $16,906 in Fund 197 to account for the temporary increased staffing costs to cover for program staff on temporary leave.

ENVIRONMENTAL REVIEW: The proposed action is exempt from the requirements of California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), (4) and/or (5) and/or 15061(b)(3), because it is not “project” and/or is an administrative or fiscal activity of the City which does not have the potential for causing a significant effect on the environment, each of the foregoing providing a separate and independent basis for CEQA exemption.

ATTACHMENTS:
• Draft Resolution- RRO Master Fee Schedule Update

RECOMMENDATIONS: Staff recommends that the City Council take the following actions:

1. Receive the Rent Review Ordinance Annual Report.

2. Hold a public hearing on the amended Rent Review Administration Fee.

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Council Staff Report (ID # 5564) Meeting of November 18, 2025 Updated: 11/13/2025 7:41 AM by Dina Lewis Page 6

4. Appropriate an additional $16,906 in Fund 197.

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Resolution 2025-XX Page 1 of 2

DRAFT

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AMENDING ARTICLE V OF THE MASTER FEE SCHEDULE TO

AMEND THE RENT REVIEW ADMINISTRATION FEE FOR THE

ADMINISTRATION OF THE RENT REVIEW ORDINANCE

WHEREAS, on March 1, 1994, the City Council adopted Resolution No. 8672, as amended from time to time, establishing the City’s Master Fee Schedule, fixing and establishing fees, rates and charges for goods and services provided by the City of Fremont; and

WHEREAS, the City’s Master Fee Schedule includes fees for certain City program services that the City is authorized to collect to cover the costs of program administration; and

WHEREAS, on October 3, 2017, the City Council adopted a Rent Review Ordinance that went into effect on January 1, 2018, (RRO) creating a process for tenants and landlords to address concerns about rent increases; and

WHEREAS, on December 5, 2017, the City Council authorized the setting of a fee that allows the City to recover the costs of implementing and administering the RRO on an ongoing basis; and

WHEREAS, City staff projects FY 2025/26 expenditures of $407,497 for administration of the RRO; and

WHEREAS, taking into consideration the carryover balance of unspent revenue from FY 2024/25 of $18,751, the cost to be recovered with the FY 2025/26 RRO administration fee is $388,746; and

WHEREAS, the City has estimated that there are approximately 17,084 rental units in Fremont subject to the Ordinance and considering various collection rates for different categories of landlords, based on contemplating both expected delinquencies and exemptions that have not yet been reported.

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

SECTION 1. Article V of the Master Fee Schedule (Resolution No. 8672, as amended) is amended to adjust the fee schedule for the Rent Review Program to $23/residential rental unit for the administration of the Rent Review Ordinance, which shall read as follows:

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Attachment: Draft Resolution- RRO Master Fee Schedule Update (5564 : RENT REVIEW ORDINANCE ANNUAL REPORT AND ADMINISTRATION Resolution 2025-XX Page 2 of 2

Article V, Section I

Rent Review Program Fee
197 53510 3799 Rent Review Administration Fee $23.00

SECTION 2. The Master Fee Schedule (as adopted by Resolution No. Resolution No. 8672, and as amended by this Resolution) shall be kept on file in the office of the City Clerk.

ADOPTED, , 2025 by the City Council of the City of Fremont, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

5.C.a
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Attachment: Draft Resolution- RRO Master Fee Schedule Update (5564 : RENT REVIEW ORDINANCE ANNUAL REPORT AND ADMINISTRATION Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5583) DOC ID: 5583
Updated: 11/12/2025 2:05 PM by Susan Gauthier Page 1
MAYOR SALWAN REFERRAL: Appointments to Advisory Bodies Contact Persons:

Name: Raj Salwan
Title: Mayor
Div/Dept: City Council
Phone: 510-284-4082
E-Mail: [email protected]

MAYOR SALWAN REFERRAL: Appointments to Advisory Bodies.

ATTACHMENTS:
• Youth Advisory Commission application

APPOINTMENTS:

Advisory Body Appointee Term Expires

George W. Patterson House Advisory Board Sunita Lodha 12/31/2029 Recreation Commission Representative

Youth Advisory Commission Jadon Li 12/31/2027

RECOMMENDATION: Approve appointments.

7.B.1
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Community Services Department
3300 Capitol Ave., Bldg., B
P.O. Box 5006, Fremont, CA 94538
510.494.4344 | [email protected] | www.fremont.gov

Return Application to: City Clerk’s Office
3300 Capitol Ave., Bldg., A
Fremont, CA 94538
Or to: [email protected]

Date submitted: 23 October 2025

Application for Youth Advisory Commission

Name: Jadon Li

Address:

Birthdate: Age: Sex: E-mail address:

Telephone: ( School: Mission San Jose High School Grade:

Demographic Information:

Ethnicity:
□ American Indian or Alaskan Native ☑ Chinese
□ Black or African American □ White
□ Afghan □ Vietnamese
□ Mexican □ Filipino
□ Indian □ Pakistani

□ Other Asian origin: ________________ (write-in optional) □ Other African origin: _______________ (write-in optional) □ Other Hispanic, Latino, or Spanish origin: __________ (write-in optional)

Gender:
☑ Male □ Prefer to self-identify
□ Female □ Prefer not to say

Language(s) Spoken: English, Mandarin Chinese

Rev 1/18 AZ

7.B.1.a
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Attachment: Youth Advisory Commission application (5583 : Mayor Salwan Referral: Appointment to Advisory Body; Boards & Commissions; Why do you want to serve on the Youth Advisory Commission? I want to serve on the Youth Advisory Commission to translate youth voices into actionable projects that service, guide,

and

support

the

youth

not

only

overcome

our

arduous

years

school,

but

enjoy

them,

and

expand

our

potential

beyond

school

campuses.

MSJ

CO27’s

class

president,

basketball

coach,

content

creator,

community

member,

and

overall

curious

guy,

take

pride

building

and

sharing

ideas/events

that

people

will

invest

emotionally.

Our

city

prides

itself

welcoming

diverse

cultures

and

viewpoints,

and

YAC

exists

bring

youth

perspectives

into

programs

and

policy

conversations

that

can

enact

positive

change.

want

put

skillset

work

connecting

the

teens

our

city

each

other,

mentors,

and

City

leadership.

What is a problem Fremont teens face and propose an event to address this problem. How would you organize and

publicize

this

event?
A problem that Fremont’s teens face, especially at our more rigorous schools, is a chronic overload of academic pressure.

junior

Mission,

not

rare

hear

friends

crashing

out

over

one

failed

(<80%)

test,

pulling

all-nighters,

being

buried

homework

the

point

where

they

skip

school

have

time

it.

The

crazy

thing

about

students

that

have

strong

desire

progress;

want

learn,

work,

feel

productive.

But

oftentimes,

our

efforts

are

misplaced

and

time

seems

drain

away

because

cannot

manage

our

time

properly,

cater

our

well-being,

see

the

world

beyond

our

tunnel-visioned

view

“success.”

The

City

already

offers

the

traditional

pathway

supporting

mental

health

through

Youth

and

Family

Services

counseling,

well

efforts

decrease

course

loads

for

students.

While

agree

with

both

initiatives

and

understand

how

they

minimize

stress,

there

are

2 more

ways

might

have

overlooked

that

handle

this

stress

epidemic

bringing

happiness

students

and

maximizing

their

potential.

First, since parents have tremendous influence on the development of children, we should dedicate time to informing

parents

the

best-practices

for

guiding

their

child

through

high

school.

After

recently

chatting

with

counselor

Hopkins

Junior

High,

learned

that

many

parents

worry

that

their

children

are

not

doing

enough

compete

with

other

students.

Parents

hear

about

the

single

sprinkled

successes

other

parents’

children

and

feel

their

children

must

all

these

extracurriculars

keep

up.

Such

pressure

seems

force

the

entire

family

pursue

rigorous,

directionless

path

that

places

unnecessary

burdens

the

child

and

stressful

expectations

for

the

parents.

Invested

this

issue,

went

with

the

counselor

organize

event

with

panel

4-5

high

schoolers

who

would

help

parents

understand

how

best

support

and

encourage

their

child

high

school;

titled

“Parenting

Strategies

for

Finding

Balance.”

will

holding

the

event

December

4th

the

Hopkins

MUR,

and

expect

~150

parents

listen.

Some

areas

want

discuss

are

how

parents

and

students

can

best

their

goals,

how

parents

can

support

healthy

school/social/emotional

balance,

why

finding

passion

and

direction

important,

and

what

experiences

helped

gain

confidence.

Since

our

primary

audience

are

the

parents

incoming

freshmen

(current

8th

graders),

will

release

flyer

via

ParentSquare,

WhatsApp,

and

Facebook

respective

channels.

will

also

talk

Hopkins

admin

about

releasing

video

their

daily

bulletin

for

few

days

raise

awareness

for

the

event.

have

already

found

4 other

students

from

Mission

who

will

speak,

and

the

day

the

event,

will

assisted

Hopkins

Leadership

students

setting

the

MUR.

Second, since peer/parent/school pressures often squeeze a student’s perception of “success,” students are unable

see

past

the

curtain

expectations

pursue

the

windows

opportunity.

While

high

school

panel

event

was

concrete

idea,

also

want

explore

ambiguous

and

multifaceted

approach:

providing

collection

opportunities

for

students

discover

direction,

strengthen

skills,

and

gain

experience.

The

goal

show

students

that

through

trying

new

things,

there

are

multiple

ways

strengthen

their

skills

and

achieve

their

dreams.

was

once

simply

content

academically-focused

child,

but

then

realized

the

importance

experimenting

beyond

comfort

zone

participating

the

ACWD

Water

Clips

contest,

becoming

Recreation

Director

with

the

City,

competing

ACSEF,

running

for

class

officer,

and

learning

basketball.

With

arsenal

new

experiences,

realized

had

potential

and

passion

beyond

the

conventional

path;

became

content

creator,

biology

tutor,

class

president,

and

basketball

coach.

result,

strengthened

skills

speaking,

teaching,

organizing,

and

engagement,

all

which

allowed

meet

new

and

awesome

people,

which

again,

opened

many

doors

opportunity.

And

after

doing

much

than

needed

do,

was

happy,

because

had

passion.

That

why

believe

that

programs

aimed

help

students

should

not

encourage

students

less,

but

diversify

the

set

opportunities

they

can

passionately

take

on,

they

can

more,

the

way

they

love.

Organizing

this

initiative

would

less

individual

event,

but

ongoing

program.

already

leading

MSJ

STEM-PAC

(Projects

and

Competitions)

sharing

STEM

competitions

that

students

can

partake

in;

also

help

them

develop

their

project

and

provide

lab

tours,

guest

speakers,

and

volunteer

opportunities.

But

city-wide

level,

the

way

could

organized

organizing

team

6-7

people,

with

representatives

from

all

FUSD

high

schools

and

collecting

STEM/City/Humanities/Sports/Job

competitions,

programs,

events,

conferences,

etc

that

high

school

students

could

participate/compete

in.

would

publicized

Instagram

collaboration

with

school

accounts

and

StudentSquare

reach

the

maximum

number

students.

The

initiative

would

provide

centralized

source

opportunity

for

students

and

help

them

sample

personalized

path

their

passion.

Rev 1/18 AZ

7.B.1.a
Packet Pg. 271
Attachment: Youth Advisory Commission application (5583 : Mayor Salwan Referral: Appointment to Advisory Body; Boards & Commissions; What are three (3) aspects of your identity that shape your outlook on life? My outlook is optimistic and action-orientated, shaped by 3 characteristics of my identity: a passionate curiosity, an

innovative

mindset,

and

genuine

joy

meeting

with

new

people.

Curiosity drives me to new destinations, and my passion makes the ride a whole lot more thrilling. Taught by Montessori

educators

throughout

elementary

school,

have

developed

keen

yearning

take

interest

the

unknown

and

work

learn

and

uncover

and

understand.

feel

the

joy

learning

not

the

success

knowing

the

answer

(especially

now

that

can

all

the

searching

and

thinking

for

you),

but

going

along

the

scenic

journey

and

delving

into

the

details,

nuances,

and

reasoning.

curiosity

also

empowers

explore,

which

why

love

travelling

and

decided

take

Biology

freshman

year

learn

the

“why”

the

natural

world.

the

end

sophomore

year,

earned

full

score

6 APs,

all

because

was

genuinely

interested

the

course

and

desire

learn

encouraged

self-study

5 of

them.

Innovation directs me to build vehicles of opportunity that stimulate positive change. When I recognize an issue, I think

ways

approach

the

issue

work

towards

solution

that

benefits

many

people

possible.

The

ability

build,

develop,

and

grow

project

really

inspires

because

reminds

that

dream,

combined

with

preparation

and

effort,

becomes

actionable

plan,

and

perhaps

reality.

For

example,

seeing

the

mental

health

crisis

our

school

and

how

many

friends

coped

cooking/baking,

initiated

school-wide

cooking

contest

last

school

year

where

students

created

dish

with

ingredient

that

benefited

the

mind

raise

awareness

for

mental

health.

also

currently

organizing

car

meet

hosted

Mission

11/8

entertain

local

car

enthusiasts

and

support

small

businesses

who

are

interested

setting

booth.

People are the center of happiness, and a joy in meeting new people finds new roads to discover. Since 8th grade,

when

started

become

confident

with

speaking,

found

myself

making

friends

with

many

people.

Tech

Expo

and

Gemini

Meetup

conference,

was

excited

when

talking

with

new

people,

many

which

were

founders

startups,

employees

big

companies,

hobbyists

with

ingenious

projects.

invigorating

hear

peoples’

fascinating

stories,

which

feel

allows

receptive

new

perspectives

and

open

opposing

ideas.

Create and answer your own question. What is Fremont missing? Fremont is missing a haven for cozy family gatherings with ever-satiable food; before the pandemic, there stood our

beloved

Sweet

Tomatoes.

Now,

the

restaurant

lies

barren

with

everything

it,

save

for

sign

life.

remember

going

with

family

every

week,

lining

matter

how

long

the

line

stretched,

and

thoroughly

developing

love

for

the

fresh

variety

vegetables.

brother

was

huge

fan

the

soft

square

pizza,

mom

the

cornbread,

and

dad

would

always

make

point

trying

every

soup

the

restaurant

offered.

the

end

the

meal,

would

all

finish

off

with

designing

our

own

soft-serve

ice

cream.

me,

that

place

will

always

remind

community,

joy,

and

discovery.

When

Sweet

Tomatoes

closed,

left

noticeable

gap

our

community's

local

dining

scene.

The current owners of the location are a Chinese couple living in Warm Springs looking to build a Chinese-style food

court,

though

fear

such

restaurant

cannot

prosper:

Fremont

already

oversaturated

with

Chinese

restaurants,

and

the

restaurant

location

does

not

have

enough

foot

traffic

support

food

court.

Luckily,

because

they

are

new

the

Bay

Area,

they

are

open

new

ideas

and

would

insight

the

demographics

this

area.

Community

input

from

Instagram

accounts

such

@fremontsupersoldier

and

@li_locked.in

have

amassed

over

1.5M

views

reels

about

Sweet

Tomato,

proving

the

widespread

community

support

for

reopening

the

restaurant.

Although progress is slow, I am optimistic, and if the owners are on board to reopening, perhaps we could formally communicate

with

the

official

Tucson

Sweet

Tomatoes

about

the

possibility

opening

branch

Fremont.

Sweet

Tomatoes

returns,

our

city

will

not

have

just

gained

another

restaurant,

will

have

regained

piece

its

soul.

Rev 1/18 AZ

7.B.1.a
Packet Pg. 272
Attachment: Youth Advisory Commission application (5583 : Mayor Salwan Referral: Appointment to Advisory Body; Boards & Commissions;

Fremont City CouncilNovember 18, 2025

Fremont City Council
November 18, 2025