Exhibit B – Mitigation Monitoring and Reporting Program — Fremont City Council, November 18, 2025

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:

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.

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 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.

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.

Party Responsible for Implementation: City of Fremont
Party Responsible for Monitoring: City of Fremont Planning Division 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 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.

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 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.

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.

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:

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.

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 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 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.

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 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 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.

Fremont City CouncilNovember 18, 2025

Fremont City Council
November 18, 2025