Agenda packet, regular meeting — Fremont City Council, April 7, 2026 (part 2 of 2)

Proposal: Winter 2025-2026 Code Update - Citywide - PLN2026-00005 - To consider text amendments to Fremont Municipal Code Title 17 (Subdivisons) and Title 18 (Planning and Zoning) to clarify and enhance definitions, procedures, and standards related to development and use of property within the City; and to consider exemptions for the proposed amendments from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption) and §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

Recommendation: Recommend approval to City Council.

Location: Citywide
People: City of Fremont, Applicant
James Willis, Senior Planner (510) 494-4449, [email protected]

EXECUTIVE SUMMARY

Staff is proposing amendments to Title 17 (Subdivisions) and Title 18, (Planning and Zoning) to clarify and enhance definitions, procedures, and standards related to use of property within the City and address recently passed State laws.

BACKGROUND AND PREVIOUS ACTIONS

City staff periodically prepares updates to the Zoning Ordinance and other sections of the Fremont Municipal Code to correct errors, inconsistencies and outdated sections; revise provisions to be consistent with State law; ensure consistency with the General Plan and other policy documents; and to create, enhance and clarify definitions, procedures, and standards. The last package of code amendments (Ordinance No. 01 -2025) was adopted by the City Council on January 7, 2025.

PROCEDURE FOR TONIGHT’S HEARING

The Planning Commission is charged with the following tasks:

1. Consider a finding that the proposed amendments to FMC Title 17 (Subdivisions), and Title 18 (Planning and Zoning) are exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent

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basis, pursuant to CEQA Guidelines §15061 (Review for Exemption) and §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

2. Pursuant to the requirements of FMC Chapter 18.225 (Amendments to General, Community and Specific Plans, Design Guidelines, Zoning Maps and Text, and Prezoning), consider recommending to the City Council the proposed amendments to Title 17 (Subdivisions), and Title 18 (Planning and Zoning).

PROJECT DESCRIPTION

Purpose

Amendments to the FMC are proposed for the following reasons:
• State Laws – Updates for consistency with state laws related to housing and land use passed since the last code update. Revise the section related to payment of fees to reflect recently passed state law.

• Clarifications – Correct or update the FMC to clarify definitions and inconsistencies.

Clarify the process for appeals and update noticing timing.

• Project Streamlining – Update certain actions to be ministerial to streamline project approvals. Give staff the ability to revise standard development requirements and standard development requirements for resource protection periodically when necessary or appropriate to substantially mitigate environmental impacts.

• Housing Development – Update certain sections of the code to better support housing production in Fremont. Updates to sections related to affordable housing and ADUs to achieve this goal. Streamline development standards for housing projects.

Draft
Ordinance
Section(s)
FMC Section(s) Description
Subdivisions
1, 2
FMC 17.20.320
FMC 17.20.320
Streamline industrial tentative parcel maps to
require ministerial approval in line with the
City’s longstanding ministerial development
policies for industrial development.

Definitions
3, 4, 5, 6
FMC 18.25.740
FMC 18.25.745
FMC 18.25.945
FMC 18.25.1900
Create new definitions for residential decks and
a primary dwelling to clarify development
standards found elsewhere in Title 18.

Update the definition of mobile homes to reflect
current state law.

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Draft
Ordinance
Section(s)
FMC Section(s) Description
Hydrogen Fueling
7, 8, 9, 10, 11,
12, 26
FMC 18.43.120
FMC 18.45.060
FMC 18.47.050
FMC 18.49.040
FMC 18.50.090
FMC 18.190.220
Add hydrogen fueling stations to the use table
for various zoning districts in response to
recently passed State laws.

Update high intensity hazardous materials
ordinance to exempt hydrogen fueling stations
as required by State law.

Commercial and
Industrial
development and
uses
7, 8, 10, 22
FMC 18.43.120
FMC 18.45.060
FMC 18.50.090
FMC 18.171.030
Revise City Center zoning use tables for
commercial recreation uses to match revisions
made to the Commercial zoning districts in the
last update for consistency.

Update use tables to address changes in state
law related to housing in non-residential zoning
districts, remove duplicate uses relating to
nursing facilities and dry cleaning and add a use
category for coffee and tea manufacturing when
near residential to address odors.

Revise regulations on barbed wire and electrical
security fencing.

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Draft
Ordinance
Section(s)
FMC Section(s) Description
Housing
8, 11, 13, 14,
15, 25, 30
FMC 18.45.060
FMC 18.49.090
FMC 18.90.040
FMC 18.90.080
FMC 18.153.050
FMC 18.190.007
FMC 18.265.080
Increasing the number of districts where mixed
use is permitted by right in response to State
law.

Update the mixed use development standards in
the WSI district to reference objective standards
as required by State law.

Revise residential development standards
related to roof pitch to increase the architectural
variety and ease development of single family
homes.

Clarify how second story area is calculated by
moving existing rule from design guidelines to
the ordinance.

Align permits required for residential care
facilities and skilled nursing facilities with State
law.

Provide setback standards for rooftop decks to
provide privacy for neighbors.

Update the Urban Lot Split and Two Unit
Development chapter (SB9) to reflect changes
in state law related to historic districts,
demolition when a unit has been occupied by a
tenant, and to clarify setback standards for two
unit developments.

Allow minor amendments to Planned Unit
Developments that are keeping with the intent
of the original approval to be reviewed and
approved by the Planning Manager.

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Draft
Ordinance
Section(s)
FMC Section(s) Description
Affordable
Housing
16, 18, 19, 20,
21, 25
FMC 18.155.070
FMC 18.165.020
FMC 18.165.030
FMC 18.165.065
FMC 18.165.075
FMC 18.190.007
Update affordable housing related sections to
address recently adopted State housing laws.

Add language specifying affordable housing
agreements for rental units have a term of 55
years minimum per new State laws.

Add references to “lower income student” and
update definition of “student housing
development” to align with new State laws.

Update incentives and density bonus tables to
correspond to new State laws.

Repeal obsolete section related to student
housing density bonus due to changes in State
law.

Update parking standards for student housing
developments to conform to recent State laws.

Update the two unit developments and urban lot
splits (SB9) to conform to changes in State law.

Compatibility
between uses
23 FMC 18.188.020 Clarify the urban core definition applies to the entire WSI district as the State now requires
residential uses to be allowed throughout the
WSI district.

ADUs
24 FMC 18.190.005 Update ADU ordinance to reflect changes to State law in the past year.

Prohibit rooftop decks on top of ADUs for
neighbor privacy.

Include reference to the Objective Design
Standards for Eligible Potential Register
Resources which were adopted last year.

Environment
28 FMC 18.218.040 Revise the Standard Development Requirements for Resource Protection chapter to give staff the
ability to revise the standards periodically when
necessary or appropriate to substantially
mitigate environmental impacts.

Processes
31, 32, 33
FMC 18.290.070
FMC 18.320.020
FMC 18.320.020
Update the timing of fee payments, including
development impact fees, to comply with
recently passed State laws.

Clarify the process for appeals.

Update the noticing timeframes for amendments
which affect permitted uses to conform to
recently passed State laws.

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Draft
Ordinance
Section(s)
FMC Section(s) Description
Minor corrections
and edits
11, 13, 17, 23,
27, 29
FMC 18.49.090
FMC 18.90.040
FMC 18.155.070
FMC 18.188.020
FMC 18.190.350
FMC 18.235.040
Minor typographical and editorial corrections.

Updating references to other modified code
sections.

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

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

Analysis: The proposed amendments would update the City’s land use regulations to achieve consistency with the General Plan and State law, and to support quality development, compatible land uses, and the reduction of nuisances. The proposed amendments reflect recognized best practices in zoning and planning.

• Housing Element Goal 6: Maintain a compliant housing element and zoning ordinance. - Goal 6 focuses on consistent evaluation of the effectiveness of Housing Element programs during the planning period, and adjusting/adapting to changes in state law, and economic conditions to stay on target with housing goals.

Analysis: The proposed amendments would align with changes to State law related to housing development and density bonus. The proposed amendments would also increase flexibility of development of housing including ADUs and urban lot split and two-unit developments commonly known as SB 9.

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

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Analysis: The proposed amendments would update the City’s commercial and industrial zoning districts to be consistent with the General Plan and comply with recently adopted State laws requiring mixed use development in certain zoning districts and hydrogen fueling stations for passenger and commercial vehicles. The amendments would also broaden the allowance for security fencing for industrial uses.

FINDINGS FOR APPROVAL

In accordance with FMC Chapter 18.225, amendments to the General Plan, Zoning Ordinance and Zoning Map must be heard by both the Planning Commission and City Council. To recommend approval, the Planning Commission must make the following findings listed in FMC Section 18.225.050:

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

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

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

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

ENVIRONMENTAL REVIEW
The proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) per, each as a separate and independent basis, (1) CEQA Guidelines Section 15061 in that the amendments do not have the potential to cause a significant effect on the environment, and are not subject to CEQA review; and (2) CEQA Guidelines Section 15183, as a project consistent with the development densities in the general plan and existing zoning and which does not involve any p eculiar significant effects that were not previously analyzed or discussed as significant effects in prior EIRs on the General Plan and/or zoning with which the project is consistent. In addition, there are no previously identified significant effects which are substantially more severe than analyzed in in the prior EIR(s) or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis. Many of the amendments proposed are necessary to conform the FMC to State law, or are regulations intended to protect the environment. Any conceivable impact of the proposed amendments

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would be too speculative for reasoned analysis in the absence of specific development proposals.

PUBLIC NOTICE AND COMMENT
Public hearing notification is applicable. A public hearing notice was published by the Tri City Voice on February 3, 2025.

RECOMMENDATION

1. Hold public hearing.

Recommend that the City Council:

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

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

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

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

6. Direct staff to document the above written findings and recommendation of the Commission to the City Council and to prepare, and the City Clerk to publish, a summary of the ordinance.

ENCLOSURES
• Exhibit A - Draft Ordinance

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MINUTES

FREMONT PLANNING COMMISSION
REGULAR MEETING OF FEBRUARY 26, 2026

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

PRESENT: Chairperson Basrai
Commissioners Craig, Ezzy, Liu, Yee, Zhang

ABSENT: Vice Chairperson Ramamurthi

STAFF PRESENT: David Wage, Planning Manager
Heather Lee, Senior Deputy City Attorney
James Willis, Senior Planner
Winnie Mui, Associate Planner
Kevin Lee, Associate Planner
Kim Salazar, Recording Clerk
Khanh Vo, IT Specialist II
Chavez Company, Remote Stenocaptioning
Napoleon Batalao, Video Technician

APPROVAL OF MINUTES: Commissioner Yee moved to approved minutes for the regular meeting of January 22, 2026. Commissioner Craig seconded and the motion carried by all present.

ELECTION OF OFFICERS
FOR 2026: Commissioner Zhang nominated Benjie Craig to serve as Chairperson and Mufaddal Ezzy to serve as Vice Chairperson.

Commissioner Yee seconded the nomination s and the
nominations carried by all present.

There was a brief recess while staff reset the computer system and seating arrangements, for Benjie Craig to take up the gavel as Chairperson for the remainder of the meeting.

DISCLOSURES: Commissioner Liu drove by the proposed project sites for Items 1 (PLN2025-00104) and 2 (PLN2025 -00240) but did not speak with anyone.

Commissioner Yee walked the proposed project site for Items 1 (PLN2025-00104) and 2 (PLN2025 -00240), and spoke with the applicant for Item 2.

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Commissioner Zhang walked by the proposed project sites for Items 1 (PLN2025 -00104) and 2 (PLN2025 -00240) but did not speak with anyone.

Commissioner Basrai walked by the proposed project site for Items 1 (PLN2025-00104) and drove by the proposed project site for Item 2 (PLN2025-00240) but did not speak with anyone.

Incoming Vice Chairperson Ezzy went by the proposed project sites for Items 1 (PLN2025 -00104) and 2 (PLN2025 -00240) but did not speak with anyone.

Incoming Chairperson Craig went by the proposed project site for Items 1 (PLN2025-00104) and 2 (PLN2025-00240), and spoke with the applicant for Item 2.

Timestamps from the video webcast are listed below each Public Hearing Item Number and are in hours format, as follows: (hours:minutes:seconds). Video webcasts of Planning Commission meetings can be found at: https://fremontca.viebit.com/#

CONSENT CALENDAR None

PUBLIC/ORAL
COMMUNICATIONS Kelly Abreu commented on the use of funds for the planning and development of the City of Fremont.

PUBLIC HEARING ITEMS

Item 1. DUSTERBERRY RESIDENCES – 37555-37557 Dusterberry Way – PLN2025- (00:20:55) 00104 – To consider a Discretionary Design Review Permit, Vesting Tentative Tract Map No. 8726, Private Street, Tree Removal, and waivers pursuant to State Density Bonus Law to allow the construction of a new for -sale, 24-unit detached townhome development with t hree onsite affordable units and 21 attached accessory dwelling units on a 1.86 -acre lot at 37555 & 37557 Dusterberry Way in the Centerville Community Plan Area; and to consider a finding that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15332, In -fill Development Projects, CEQA Guidelines Section 15183, Projects Consistent with a Community Plan or Zoning, as the project is consistent with the development density established by the General Plan for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15163, as none of the circumstances requiring preparation of a subseq uent or supplemental EIR have occurred. Each of the foregoing provides a separate and independent basis for CEQA compliance.

Planning Manager David Wage introduced the item.

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Associate Planner Kevin Lee gave a brief presentation and responded to questions from the Commission regarding the Initial Study (IS) and Mitigated Negative Declaration (MND) done in 2004, and the noise study and required design measure s for the proposed project to address noise from the adjacent car wash.

Incoming Chairperson Craig opened the public hearing for this item.

After a brief presentation, t he applicant team, Scott Connelly , Will Runquist , and Jenna Keith responded to questions from the Commission regarding window placement to ensure privacy, the Environmental Site Assessment (ESA) done in 2024, and the design of a perimeter fence.

Incoming Chairperson Craig closed the public hearing for this item.

IT WAS MOVED (LIU/BASRAI) AND CARRIED BY THE FOLLOWING VOTE (5-1-0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND

FOUND THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO, WITHOUT
LIMITATION, CEQA GUIDELINES 15332, INFILL DEVELOPMENT PROJECTS,

AND FIND THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PER CEQA GUIDELINES SECTION 15183, AS THE PROJECT IS CONSISTENT

WITH THE LAND USE ENVISIONED FOR THE SITE AS ESTABLISHED BY

THE GENERAL PLAN FOR WHICH AN ENVIRONMENTAL IMPACT REPORT (SCH#2010082060) WAS PREVIOUSLY PREPARED AND CERTIFIED, AND/OR CEQA GUIDELINES SECTIONS 15162 AND 151 63 AS NONE OF THE

CIRCUMSTANCES REQUIRING PREPARATION OF A SUBSEQUENT OR
SUPPLEMENTAL EIR HAVE OCCURRED;
AND

FOUND THE PROJECT IS ELIGIBLE FOR A DENSITY BONUS AND WAIVERS

PURSUANT TO STATE DENSITY BONUS LAW AND THAT THE REQUESTED

WAIVERS ARE NECESSARY TO PHYSICALLY ALLOW THE
CONSTRUCTION OF THE DEVELOPMENT;
AND

FOUND THE PROJECT IS IN CONFORMANCE WITH THE RELEVANT

PROVISIONS, DESIGNATED GOALS, AND POLICIES CONTAINED IN THE CITY’S GENERAL PLAN AS DESCRIBED IN THE STAFF REPORT;
AND

APPROVED THE DISCRETIONARY DESIGN REVIEW PERMIT, VESTING TENTATIVE TRACT MAP NO. 8726, PRIVATE STREET, TREE REMOVAL PURSUANT TO THE CITY’S TREE PRESERVATION ORDINANCE, AND

WAIVERS PURSUANT TO STATE DENSITY BONUS LAW AS SHOWN IN EXHIBIT “A” AND EXHIBIT “B,” BASED ON FINDINGS AND SUBJECT TO CONDITIONS OF APPROVAL AS CONTAINED IN EXHIBIT “C.”

The motion carried by the following vote:

AYES: 5 – Basrai, Craig, Ezzy, Liu, Yee
NOES: 1 – Zhang

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ABSTAIN: 0
ABSENT: 1 – Ramamurthi
RECUSE: 0

Item 2. RAISING CANE'S – CUP – 43330 Pacific Commons Boulevard – PLN2025- (00:55:01) 00240 – To consider a Conditional Use Permit, Discretionary Design Review Permit, and Tree Removal for the construction of a new 3,466 -square-foot restaurant with a drive-through and associated site improvements within the Pacific Commons major retail center in the Bayside Industrial Community Plan Area; and to consider exemptions from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15332, Infill Development Projects, and CEQA Guidelines Section 15183, as the project is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and pursuant to CEQA Guidelines Sections 15162 an d 15163, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred. Each of the foregoing provides a separate and independent basis for CEQA compliance.

Planning Manager David Wage introduced the item, and Project Planner Clarissa Flores gave a brief presentation.

Incoming Chairperson Craig opened the public hearing for this item.

Lester Tucker, representing the applicant, gave a brief presentation and responded to questions from the Commission regarding the anticipated opening date and the expected vehicle load for the drive-thru.

Incoming Chairperson Craig closed the public hearing for this item.

IT WAS MOVED (YEE/LIU) AND CARRIED BY THE FOLLOWING VOTE (6-0- 0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING;
AND

FOUND THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED

PURSUANT TO AN EXEMPTION FROM THE REQUIREMENTS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PER, WITHOUT

LIMITATION, AND EACH AS A SEPARATE AND INDEPENDENT BASIS, CEQA GUIDELINES SECTION 15322, INFILL DEVELOPMENT, CEQA GUIDELINES SECTION 15183, AS THE PROJECT IS CONSISTENT WITH THE

LAND USE ENVISIONED FOR THE SITE AS ESTABLISHED BY THE

GENERAL PLAN FOR WHICH AN ENVIRONMENTAL IMPACT REPORT
(SCH#2010082060) WAS PREVIOUSLY PREPARED AND CERTIFIED, AN D CEQA GUIDELINES SECTIONS 15162 AND 15163, AS NONE OF THE

CIRCUMSTANCES REQUIRING PREPARATION OF A SUBSEQUENT OR
SUPPLEMENTAL EIR HAVE OCCURRED;
AND

FOUND THAT THE DISCRETIONARY DESIGN REVIEW PERMIT AND
CONDITIONAL USE PERMIT (PLN2025-00240) ARE IN CONFORMANCE WITH THE RELEVANT PROVISIONS CONTAINED IN THE CITY’S GENERAL PLAN.

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THESE PROVISIONS INCLUDE GOALS AND POLICIES SET FORTH IN THE

GENERAL PLAN LAND USE ELEMENT AS ENUMERATED WITHIN THE
STAFF REPORT;
AND
APPROVED PLN2025 -00240, A CONDITIONAL USE PERMIT FOR A NEW

DRIVE-THROUGH RESTAURANT, THE DISCRETIONARY DESIGN REVIEW

PERMIT FOR THE NEW BUILDING, AND A TREE REMOVAL REQUEST AS SHOWN IN EXHIBIT “A,” IN ACCORDANCE WITH FINDINGS AND
CONDITIONS OF APPROVAL CONTAINED IN EXHIBIT “B.”

The motion carried by the following vote:

AYES: 6 – Basrai, Craig, Ezzy, Liu, Yee, Zhang
NOES: 0
ABSTAIN: 0
ABSENT: 1 – Ramamurthi
RECUSE: 0

Item 3. Winter 2025-2026 Code Update – Citywide – PLN2026-00005 – To consider text (01:19:01) amendments to Fremont Municipal Code Title 17 (Subdivisons) and Title 18 (Planning and Zoning) to clarify and enhance definitions, procedures, and standards related to development and use of property within the City; and to consider exemptions for the proposed amendments from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption) and §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

Planning Manager David Wage introduced the item, and Senior Planner James Willis gave a brief presentation.

Incoming Chairperson Craig opened then closed the public hearing, as there were no public comments for this item.

IT WAS MOVED (YEE/LIU) AND CARRIED BY THE FOLLOWING VOTE (6-0- 0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING;
AND
RECOMMENDED THAT THE CITY COUNCIL:

FIND THAT THE PROPOSED AMENDMENTS ARE EXEMPT FROM THE

REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), EACH AS A SEPARATE AND INDEPENDENT BASIS PER SECTION 15061 OF THE CEQA GUIDELINES IN THAT IT IS NOT A PROJECT WHICH

HAS THE POTENTIAL TO CAUSE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT AND CEQA GUIDELINES SECTION 15183 AS A PROJECT

CONSISTENT WITH THE GENERAL PLAN AND ZONING AND OTHERWISE MEETING THE REQUIREMENTS OF THAT EXEMPTION;
AND

FIND THAT THE PROPOSED AMENDMENTS ARE CONSISTENT WITH THE

GENERAL PLAN, INCLUDING THE LAND USE ELEMENT

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IMPLEMENTATION MEASURE, HOUSING ELEMENT GOAL, AND

ECONOMIC DEVELOPMENT IMPLEMENTATION MEASURES DISCUSSED IN THE STAFF REPORT;
AND

FIND THAT THE PROPOSED AMENDMENTS FURTHER THE PUBLIC

INTEREST, CONVENIENCE, AND GENERAL WELFARE OF THE CITY BY

ENSURING CONSISTENCY OF THE FMC, AND STATE LAW, AND PROVIDE

FOR ZONING DISTRICT USES AND DEVELOPMENT STANDARDS THAT ARE

RELEVANT TO CURRENT DEVEL OPMENT TRENDS, EASY TO USE,

FLEXIBLE AND EQUITABLE, AND ENSURE THE HEALTH AND SAFETY OF FREMONT RESIDENTS;
AND

INTRODUCE AN ORDINANCE APPROVING AMENDMENTS TO FMC TITLE 17 (SUBDIVISIONS), AND TITLE 18 (PLANNING AND ZONING), AS SHOWN ON EXHIBIT “A,” AND FOR CONFORMANCE WITH THE GENERAL PLAN; AND

DIRECT STAFF TO DOCUMENT THE ABOVE WRITTEN FINDINGS AND

RECOMMENDATION OF THE COMMISSION TO THE CITY COUNCIL AND TO

PREPARE, AND THE CITY CLERK TO PUBLISH, A SUMMARY OF THE ORDINANCE.

The motion carried by the following vote:

AYES: 6 – Basrai, Craig, Ezzy, Liu, Yee, Zhang
NOES: 0
ABSTAIN: 0
ABSENT: 1 – Ramamurthi
RECUSE: 0

Item 4. 2025 ANNUAL PROGRESS REPORT – CITYWIDE – PLN2026-00093 – To (01:27:52) consider an annual report on the status of implementation of the General Plan and the 2023 – 2031 Housing Element; and to consider exemptions from the requirements of the California Environmental Quality Act (CEQA) pursuant to, without limitation and each on a separate and independent basis CEQA Guidelines §15061(b)(3) (No possibility of significant effects), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Government administrative actions with no significant effect).

Planning Manager David Wage introduced the item.

Associate Planner Winnie Mui gave a brief presentation and responded to questions from the Commission regarding Senate Bill 9 (SB 9) lot splits.

Incoming Chairperson Craig opened the public hearing for this item.

Kelly Abreu commented on housing goals for Fremont and the bay area in general.

Incoming Chairperson Craig closed the public hearing for this item.

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Attachment: Informational 2 - Draft February 26, 2026 Planning Commission Minutes (5671 : Winter 2025-2026 Code Update)

Minutes Planning Commission – February 26, 2026 PAGE 7

IT WAS MOVED ( ZHANG/BASRAI) AND CARRIED BY THE FOLLOWING VOTE (6-0-0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
RECOMMENDED THAT THE CITY COUNCIL:

FIND THE APR IS EXEMPT FROM THE REQUIREMENTS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO,

WITHOUT LIMITATION AND EACH ON A SEPARATE AND INDEPENDENT BASIS CEQA GUIDELINES §15061(B)(3) (NO POSSIBILITY OF SIGNIFICANT EFFECT), §15183 (PROJE CTS CONSISTENT WITH A COMMUNITY PLAN, GENERAL PLAN, OR ZONING), AND §15378 (GOVERNMENT
ADMINISTRATIVE ACTIONS WITH NO SIGNIFICANT EFFECT);
AND
ACCEPT EXHIBIT “A” AND EXHIBIT “B,” WHICH DEPICT THE STATUS OF

THE GENERAL PLAN AND HOUSING ELEMENT, AND DIRECT STAFF TO SUBMIT THE APR TO LCI AND HCD.

The motion carried by the following vote:

AYES: 6 – Basrai, Craig, Ezzy, Liu, Yee, Zhang
NOES: 0
ABSTAIN: 0
ABSENT: 1 – Ramamurthi
RECUSE: 0

DISCUSSION ITEMS

MISCELLANEOUS ITEMS

Information from Commission and Staff:

• Information from staff, as reported by Planning Manager David Wage:

o The next regular meeting is scheduled for Thursday, March 26, 2026.

• Actions from City Council Regular Meetings: None

• Information from Commission: None

ADJOURNMENT

Meeting adjourned at 8:35 p.m.

SUBMITTED and APPROVED BY:

Kim Salazar, Recording Clerk David Wage, Secretary
Planning Commission Planning Commission

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Attachment: Informational 2 - Draft February 26, 2026 Planning Commission Minutes (5671 : Winter 2025-2026 Code Update) City Council Public Hearing
Winter 2025/2026 Code Update
(PLN2026-00005)
April 7, 2026

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Attachment: CC Presentation 2025 - 2026 Code Updates (5671 : Winter 2025-2026 Code City Council Public Hearing
• Periodic updates to the FMC
– 2024 Code Updates
• (Planning Commission – 11/21/2024; City Council adoption – 12/17/2024) • Project streamlining
• Comply with changes to state law
• Housing Development
• Clarifications
Purpose
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Attachment: CC Presentation 2025 - 2026 Code Updates (5671 : Winter 2025-2026 Code City Council Public Hearing
Streamlining
• Streamline industrial tentative parcel maps
• Commercial and Industrial development and uses
• Revise the Standard Development Requirements for
Resource Protection chapter
3 5.A.d
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Attachment: CC Presentation 2025 - 2026 Code Updates (5671 : Winter 2025-2026 Code City Council Public Hearing
State Laws and Consistency
• Add hydrogen fueling stations to various zoning
districts.
• Update the SB9 and ADU Chapters.
• Update noticing timeframes.
• Revise fee payment deadlines.
4 5.A.d
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Attachment: CC Presentation 2025 - 2026 Code Updates (5671 : Winter 2025-2026 Code City Council Public Hearing
Housing Development
• Mixed Use
• Single-Family Residential
• ADUs
• Affordable Housing
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Attachment: CC Presentation 2025 - 2026 Code Updates (5671 : Winter 2025-2026 Code City Council Public Hearing
Minor Corrections & Edits
• Update references modified by other proposed changes
• Add definitions for decks and primary dwellings
• Update definition for mobile homes
• Minor typographical and editorial corrections
6 5.A.d
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Attachment: CC Presentation 2025 - 2026 Code Updates (5671 : Winter 2025-2026 Code City Council Public Hearing
Recommend the City Council find:
– The proposed amendments are exempt from CEQA, per Section 15061 and Section 15183
– The proposed amendments are consistent with the General Plan Recommend the City Council introduce an ordinance approving the proposed amendments to the FMC
Staff Recommendation
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Attachment: CC Presentation 2025 - 2026 Code Updates (5671 : Winter 2025-2026 Code City Council Public Hearing
Thank you
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Attachment: CC Presentation 2025 - 2026 Code Updates (5671 : Winter 2025-2026 Code Fremont City Council Meeting: 04/07/26 07:00 PM
3300 Capitol Avenue Div/Dept: Housing
Fremont, CA 94538 Category: Affordable Housing

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5623) DOC ID: 5623
Updated: 4/2/2026 2:40 PM by Dina Lewis Page 1
BOND ISSUANCE FOR CENTERVILLE HOLDING 731, L.P. - Public Hearing (Published Notice) in Accordance with the Tax Equity and Fiscal Responsibility Act (TEFRA) to Consider the issuance of Tax-Exempt Bonds by California Municipal Finance Authority (CMFA) for Centerville Holding 731, L.P. (Centerville Plaza Apartments)
Contact Persons:

Name: Lucia Hughes David Persselin
Title: Housing Manager Finance Director
Div/Dept: Housing Finance Department
Phone: 510-494-4506 510-494-4631
E-Mail: [email protected] [email protected]

Executive Summary: The California Municipal Finance Authority (CMFA), a joint exercise of powers authority of which the City of Fremont is a member, has been asked by USA Properties Fund, Inc. to serve as the conduit issuer of tax -exempt bonds for the Centerville Plaza Apartments affordable housing project (the “Project”) in the City of Fremont. CMFA may not approve the bond financing unless and until the City Council approves the bond issuance after conducting a public hearing (referred to as a “TEFRA hearing”).

The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) mandates a public accountability procedure involving the legislative body of a local agency in which a proposed project to be funded with tax -exempt bonds is located. The TEFRA hearing is intended to provide members of the community with an opportunity to speak on behalf of or against the proposed project. Once the TEFRA hearing has been conducted, the City Council is asked to adopt a resolution approving the issuance of tax-exempt bonds for the project.

The bonds will be issued as limited obligations of CMFA, and the City will have no liability with respect to the bonds or any role to play in the bond issuance other than the TEFRA hearing.

Staff recommends that the City Council conduct a public hearing in accordance with the Tax Equity and Fiscal Responsibility Act and adopt a resolution approving the issuance of tax-exempt bonds for the Project.

BACKGROUND: CMFA has been asked by USA Properties Fund, Inc. (the “Borrower”) to serve as the conduit issuer of tax -exempt revenue bonds in an aggregate principal amount not-to-exceed $30,000,000 (together with a like amount of refunding bonds) (the “Bonds”) for the Project in the City of Fremont. CMFA may not approve the bond financing unless and until the City Council approves the bond issuance after conducting a TEFRA hearing. The proceeds of the Bonds will be used to finance and refinance the acquisition, construction, development and equipping of a 140 -unit affordable rental project to be owned and operated by the Borrower and located at 37358 Fremont Boulevard, Fremont, CA.

DISCUSSION/ANALYSIS: USA Properties Fund, Inc. (“USA”) is a privately -owned real estate development organization specializing in the creation of senior and family housing.

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Council Staff Report (ID # 5623) Meeting of April 7, 2026 Updated: 4/2/2026 2:40 PM by Dina Lewis Page 2
Founded in 1981 and headquartered in Roseville, California, USA provides a full range of capabilities for community development, including financing, development, construction services, rehabilitation and property management. USA has developed over 19,000 units of family and senior apartments in over 90 communities throughout California (including Bay Area cities such as Newark, Union City, Santa Clara and San Jose), Oregon and Nevada.

Nearly all the communities developed by USA are public -private partnerships. This commitment to enrich and revitalize communities at a neighborhood level is enhanced by their expertise in obtaining bond and tax credit financing from local, state and federal sources. Centerville Plaza Apartments will be their first development in Fremont, CA.

Centerville Plaza Apartments is a new construction project to be located at 37358 Fremont Blvd., Fremont CA 94536. It consists of one five -story building with 140 residential units and community and common areas with approximately 1,618 square feet of retail space.

The project will offer apartments for people who earn 30%, 50%, 60%, 70% and 80% of the Area Median Income (AMI). Common area amenities include an exercise room, picnic area and resource room.

Affordability: As detailed below, all rents will be reduced to an affordable level for extremely low, very -low, and low -income residents. The project is 100% affordable, with a mix of 1-, 2- and 3-Bedroom apartments, and restricted rents for a 55-year term. • 10% (14 Units) restricted to households earning 30% or less of AMI • 20% (28 Units) restricted to households earning 50% or less of AMI • 25% (35 Units) restricted to households earning 60% or less of AMI • 39% (54 Units) restricted to households earning 70% or less of AMI • 6% (8 Units) restricted to households earning 80% or less of AMI • 1 on-site manager’s unit
TEFRA Hearing: TEFRA mandates a public accountability procedure involving the legislative body of a local agency in which a proposed project to be funded with tax -exempt bonds is located. The TEFRA hearing is intended to provide members of the community with an opportunity to speak on behalf of or against the proposed project. Notice of the public hearing must be published in a newspaper of general circulation at least seven days prior to the date on which it is scheduled. To comply with federal tax laws, as well as with CMFA policy, once the TEFRA hearing is conducted, the City Council is asked to adopt a resolution approving the issuance of tax-exempt bonds for the project.

Project Financing: The costs of the project total approximately $83 Million. A large part of the project cost is proposed to be financed through multi -family housing revenue bonds issued by CMFA, with Low Income Housing Tax Credits as another principal funding source.

On March 19, 2024, the City Council approved a loan of $12,850,000 for property acquisition from a combination of the Affordable Housing Development Fund and the Low and Moderate Income Housing Asset Fund. Other funds will be from the General Partner, Developer, and Equity. A summary of the estimated sources and uses of funds for the project is presented in the following table.

Sources of Funds: Uses of Funds:

Tax-Exempt Bonds: $ 21,000,000 Land Acquisition: $ 13,900,000 LIH Tax Credit Equity: $ 29,191,986 New Construction: $ 41,067,594 Taxable Bonds: $ 9,815,000 Architecture & Engineering: $ 1,754,219

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Council Staff Report (ID # 5623) Meeting of April 7, 2026 Updated: 4/2/2026 2:40 PM by Dina Lewis Page 3
Deferred Developer Fee: $ 6,875,000 Legal & Professional: $ 100,000 City of Fremont: $ 12,850,000 Permits & Impact Fees: $ 6,868,501 NOI During Construction: $ 2,186,436 Operating Reserve: $ 773,465 GP Investment: $ 1,200,916 Developer Fee: $ 8,321,745
Other Soft Costs: $ 10,037,686
Costs of Issuance: $ 296,129
Total Sources: $ 83,119,338 Total Uses: $ 83,119,338

FISCAL IMPACT : The Bonds to be issued by CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Fremont, it is expected that a portion of the issuance fee attributable to the City will be granted by CMFA to the General Fund of the City. Such grant may be used for any lawful purpose of the City.

The Borrower will be the beneficiary of the CMFA’s charitable donation through a 25% reduction in issuance fees.

ENVIRONMENTAL REVIEW: In 2019, the prior project known as Silicon Sage Centerville Mixed-Use was approved with an associated certified Environmental Impact Report (EIR) (State Clearinghouse Number 2018072040). The City commissioned a CEQA analysis which found that, given the substantial evidence, the current project would not require subsequent analysis to the Prior EIR pursuant to CEQA Guidelines Section 15162. While the project has been revised since the Prior EIR, the assessment prepared for the prior project has determined that the addendum, in conjunction with the Prior EIR, serve to satisfy requirements under CEQA and no further documentation is required per CEQA Guidelines Sections 15162 and 15164 and none of the conditions described in CEQA Guideline Section 15162 requiring the preparation of a subsequent EIR or negative declaration have occurred. The Centerville Plaza project was entitled June 5, 2025. Additional environmental review under CEQA is not applicable pursuant to CEQA Guidelines Section 15061(b)(3) (Review for Exemption) and/or 15378(b)(2), (4) and/or (5), each as a separate and independent basis. The action is a governmental fiscal or administrative action which will have no potential to adversely affect the environment, directly or indirectly.

ATTACHMENTS:
• Draft Resolution- TEFRA Centerville

RECOMMENDATION:

1. Hold a public hearing in accordance with the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA); and,

2. Adopt a Resolution approving the issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority for the purpose of financing an affordable housing

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Council Staff Report (ID # 5623) Meeting of April 7, 2026 Updated: 4/2/2026 2:40 PM by Dina Lewis Page 4
project in the City of Fremont to be developed by USA Properties Fund, Inc. (the “Sponsor”) on behalf of a limited partnership of which the Sponsor or a related person to the Sponsor is the general partner (such limited partnership being referred to herein as the “Borrower”) and making findings of CEQA exemption.

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Resolution 2026-XX Page 1 of 3

RESOLUTION NO. 2026-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING A PLAN OF FINANCE INCLUDING THE ISSUANCE OF

EXEMPT FACILITY BONDS BY THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY IN AN AGGREGATE OUTSTANDING
PRINCIPAL AMOUNT NOT TO EXCEED $30,000,000 TO FINANCE AND

REFINANCE A QUALIFIED RESIDENTIAL RENTAL PROJECT FOR
THE BENEFIT OF USA PROPERTIES FUND INC. (OR AN AFFILIATE) ,

MAKING FINDINGS OF CEQA EXEMPTION AND CERTAIN OTHER

MATTERS RELATING THERETO

WHEREAS, USA Properties Fund, Inc. (the “Sponsor”), on behalf of a limited partnership of which the Sponsor or a related person to the Sponsor is the general partner (such limited partnership being referred to herein as the “Borrower”) , has requested that the California Municipal Finance Authority (the “Authority”) undertake a proposed plan of finance that includes the issuance and reissuance from time to time of one or more series of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986, as amended (the “Code”), in an aggregate principal amount not to exceed $30,000,000 (the “Bonds”) to finance and refinance the acquisition, development, construction and equipping of a 140-unit (including one manager’s unit) multifamily rental housing project (the “Project”) to be owned and operated by the Borrower and located at 37358 Fremont Boulevard within the City of Fremont, California (the “City”), and;
WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is located is required to approve the proposed plan of finance for the Project under Section 147(f) of the Code; and
WHEREAS, the Fremont City Council (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code because the Project is located within the territorial limits of the City; and WHEREAS, the Authority has requested that the City Council approve the proposed plan of finance for the Project in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreemen t”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds and now desires to approve the proposed plan of finance for the Project;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT, AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

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Attachment: Draft Resolution- TEFRA Centerville (5623 : BOND ISSUANCE FOR CENTERVILLE HOLDING 731, L.P.) SECTION 2. The City Council finds the Centerville Plaza Apartments housing development satisfied the requirements under CEQA and no further documentation is required per CEQA Guidelines Sections 15162 and 15164. Additional environmental review under CEQA is not applicable pursuant to CEQA Guidelines Section 15061(b)(3) (Review for Exemption) and/or 15378(b)(2), (4) and/or (5), each as a separate and independent basis. The action is a governmental fiscal or administrative action which will have no potentia l to adversely affect the environment, directly or indirectly.

SECTION 3. The City Council hereby approves the proposed plan of finance for the Project that includes the issuance and reissuance from time to time of the Bonds in an outstanding principal amount not to exceed $30,000,000. It is the purpose and intent of the City Council that this Resolution constitute approval of the proposed plan of finance for the Project for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

SECTION 4. The proposed plan of finance and issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the plan of finance or the Bonds.

SECTION 5. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

SECTION 6. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

SECTION 7. The City Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall LLP
4 West Fourth Avenue, Suite 406
San Mateo, CA 94402

SECTION 8. This Resolution shall take effect immediately upon its adoption.

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Attachment: Draft Resolution- TEFRA Centerville (5623 : BOND ISSUANCE FOR CENTERVILLE HOLDING 731, L.P.) Resolution 2026-XX Page 3 of 3

ADOPTED _______________, 2026, 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- TEFRA Centerville (5623 : BOND ISSUANCE FOR CENTERVILLE HOLDING 731, L.P.) Fremont City Council Meeting: 04/07/26 07:00 PM
3300 Capitol Avenue Div/Dept: Housing
Fremont, CA 94538 Category: Affordable Housing

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5624) DOC ID: 5624
Updated: 4/2/2026 2:54 PM by Dina Lewis Page 1
BOND ISSUANCE FOR CRP ARBOR VIEW APARTMENTS, LP. - Public Hearing (Published Notice) in Accordance with the Tax Equity and Fiscal Responsibility Act (TEFRA) to Consider the issuance of Tax-Exempt Bonds by California Municipal Finance Authority (CMFA) for CRP Arbor View Apartments LP. (Arbor View Apartments)
Contact Persons:

Name: Lucia Hughes David Persselin
Title: Housing Manager Finance Director
Div/Dept: Housing Finance Department
Phone: 510-494-4506 510-494-4631
E-Mail: [email protected] [email protected]

Executive Summary: The California Municipal Finance Authority (CMFA), a joint exercise of powers authority of which the City of Fremont is a member, has been asked by CRP Affordable Housing & Community Development to serve as the conduit issuer of tax -exempt bonds for the Arbor View Apartments affordable housing project (the “Project”) in the City of Fremont. CMFA may not approve the bond financing unless and until the City Council approves the bond issuance after conducting a public hearing (referred to as a “TEFRA hearing”).

The bonds will be issued as limited obligations of CMFA, and the City will have no liability with respect to the bonds or any role to play in the bond issuance other than the TEFRA hearing.

BACKGROUND: CMFA has been asked by CRP Arbor View Apartments L.P. (such limited partnership or other ownership entity created by Central Valley Coalition for Affordable Housing, a California nonprofit public benefit corporation, or CRP Arbor View Apartments AGP LLC, a California limited liability company, its general partners, or by another affiliate) (the “Borrower”), to serve as the conduit issuer of tax -exempt revenue bonds in an aggregate principal amount not -to-exceed $25,000,000 (together with a like amount of refunding bonds) (the “Bonds”) for the Project in the City of Fremont. CMFA may not approve the bond financing unless , and until the City Council approves the bond issuance after conducting a TEFRA hearing. The proceeds of the Bonds will be used to finance and refinance the acquisition, construction, development and equipping of a 67 -unit affordable

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rental project to be owned and operated by the Borrower and located at 41868 Osgood Road, Fremont, CA.

DISCUSSION/ANALYSIS: The founders of CRP have owned, operated, developed, and managed over 2,500 rent -restricted units and have experience providing housing to at -risk, special needs, seniors, and other vulnerable populations. CRP has partnered with non -profit, government, and community organizations to support individuals and families in need. CRP is a full -service, vertically integrated real estate firm with experience in multi -family acquisition / rehabilitation, ground-up development and property management.

CRP has built affordable housing developments in both Northern and Southern California; Arbor View Apartments is the first development to be built in Fremont, CA.

Arbor View Apartments is a 100% affordable, 67 -unit new construction development located in the City of Fremont. The project will feature a seven -story, elevator -served building, consisting of five stories of Type IIIA (wood) construction over a two -story Type IA (concrete) podium. Upon completion, the development will provide housing for families earning between 20% and 50% of the Area Median Income (AMI). There will be one unrestricted manager’s unit. Of the 67 units, 17 will be designated for veterans experiencing homelessness. The proposed unit mix includes 19 one-bedroom units, 27 two-bedroom units, and 21 three-bedroom units, with one unit reserved for the on-site property manager.

Amenities will include an outdoor recreational area, laundry rooms, children’s play area, and community space. A Resident Services Coordinator (1.0 FTE) will provide services coordination to all residents and administer ongoing programming pertinent to the site, including adult educational and skills building classes, including financial education, computer literacy, ESL and/or art classes.

Affordability: As detailed below, all rents will be reduced to an affordable level for extremely low- and very low -income residents. The project is 100% affordable, with a mix of 1-, 2- and 3-Bedroom apartments, and restricted rents for a 55-year term. • 17% (11 Units) restricted to households earning 20% or less of AMI • 14% (9 Units) restricted to households earning 30% or less of AMI • 25 % (17 Units) restricted to households earning 40% or less of AMI • 43 % (29 Units) restricted to households earning 50% or less of AMI • 1 on-site manager’s unit
TEFRA Hearing: TEFRA mandates a public accountability procedure involving the legislative body of a local agency in which a proposed project to be funded with tax -exempt bonds is located. The TEFRA hearing is intended to provide members of the community with an opportunity to speak on behalf of or against the proposed project. Notice of the public hearing must be published in a newspaper of general circulation at least seven days prior to the date on which it is scheduled. To comply with federal tax laws, as well as with CMFA policy, once the TEFRA hearing is conducted, the City Council is asked to adopt a resolution approving the issuance of tax-exempt bonds for the project.

Project Financing: The costs of the project total approximately $61 Million. A large part of the project cost is proposed to be financed through multi -family housing revenue bonds issued by CMFA, with Low Income Housing Tax Credits as another principal funding source.

On February 2, 2023, the California Housing and Community Development Department awarded the project $12.35 Million of Multifamily Housing Program (MHP) and $3.50 Million

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Council Staff Report (ID # 5624) Meeting of April 7, 2026 Updated: 4/2/2026 2:54 PM by Dina Lewis Page 3
of Veterans Housing and Homelessness Prevention (VHHP) Program funding; these awards represent permanent financing sources that will be funded at permanent loan conversion and are therefore not reflected in the summary below.

Furthermore, on March 15, 2024, the same agency awarded $3.50 Million of Infill Infrastructure Grant (IIG) Program funds which are available as a construction period source of funds. The City of Fremont has no funding in the project.

A summary of the estimated construction period sources and uses of funds for the project is presented below.

Sources of Funds: Uses of Funds:

Tax-Exempt Bond Proceeds: $ 17,446,782 Land Acquisition: $ 2,500,000 Taxable Bond Proceeds: $ 23,479,924 New Construction: $ 36,524,534 Federal LIH Tax Credit Equity: $ 6,066,102 Architecture & Engineering: $ 2,120,000 State LIH Tax Credit Equity: $ 2,914,500 Legal & Professional: $ 325,000 IIG: $ 3,500,000 Construction Period Expenses: $4,959,582 Deferred Sources: $ 7,085,022 Demolition Costs: $ 100,000 Reserves and Misc.: $ 1,965,851
Contingency (Hard & Soft): $ 2,333,198
Impact Fees & Permits: $ 2,345,000
Developer Fee: $ 7,242,427
Costs of Issuance: $ 76,738
Total Sources: $ 60,492,330 Total Uses: $ 60,492,330

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Fremont, it is expected that that a portion of the issuance fee attributable to the City will be granted by CMFA to the General Fund of the City. Such grant may be used for any lawful purpose of the City. The Borrower will be the beneficiary of the CMFA’s charitable donation through a 25% reduction in issuance fees.

ENVIRONMENTAL REVIEW: The Arbor View housing development was found to be exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15332 (Infill Development Projects) when the project was originally entitled on November 14, 2022. Additional environmental review under CEQA is not applicable pursuant to CEQA Guidelines Section 15061(b)(3) (Review for Exemption) and/ or 15378(b)(2), (4) and/or (5), each as a separate and independent basis.

The action is a governmental fiscal or administrative action which will have no potential to adversely affect the environment, directly or indirectly.

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Council Staff Report (ID # 5624) Meeting of April 7, 2026 Updated: 4/2/2026 2:54 PM by Dina Lewis Page 4

ATTACHMENTS:
• Draft Resolution- TEFRA Arbor View

RECOMMENDATION:

1. Hold a public hearing in accordance with the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA); and,

2. Adopt a Resolution approving the issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority for the purpose of financing an affordable housing project in the City of Fremont to be developed by CRP Affordable Housing & Community Development (“CRP”) and making findings of CEQA exemption.

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Resolution 2026-XX Page 1 of 3

RESOLUTION NO. 2026-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING A PLAN OF FINANCE OF THE CALIFOR NIA

MUNICIPAL FINANCE AUTHORITY TO ISSUE AND REISSUE

REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT
TO EXCEED $25,000,000 FOR A QUALIFIED RESIDENTIAL RENTAL

PROJECT FOR THE BENEFIT OF CRP ARBOR VIEW APARTMENTS

LP, AND CERTAIN OTHER MATTERS RELATING THERETO

WHEREAS, CRP Arbor View Apartments L.P., a California limited partnership, or another ownership entity created by Central Valley Coalition for Affordable Housing, a California nonprofit public benefit corporation, or CRP Arbor View Apartments AGP LLC, a California limited liability company, its general partners (the “General Partners”), or by another affiliate of a General Partner (such limited partnership or other ownership entity (the “Borrower”) , has requested that the California Municipal Finance Authority (the “Authority”) undertake a proposed plan of finance to issue and reissue from time to time one or more series of revenue bonds in an outstanding principal amount not to exceed $ 25,000,000 (the “Bonds”) to finance and refinance the acquisition, construction, development and equipping of a 67-unit qualified residential rental project (the “Project”) to be owned and operated by the Borrower and located at 41868 Osgood Road within the City of Fremont, California (the “City”); and WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is to be located is required to approve the proposed plan of finance for the Project under Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, the Fremont City Council (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code because the Project is located within the territorial limits of the City; and WHEREAS, the Authority has advised that the Bonds may be issued pursuant to a “plan of finance” to issue an original issue of Bonds and to issue or reissue one or more additional series of Bonds from time to time after the original issue of Bonds, if necessary or desirable to comply with applicable legal requirements, all in an aggregate principal amount not to exceed $25,000,000 to finance the Project, and all within the three-year period commencing on the date of the issuance of the first series of Bonds pursuant to this resolution; and WHEREAS, the Authority has requested that the City Council approve the proposed plan of finance in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the proposed plan of finance for the Project;

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Attachment: Draft Resolution- TEFRA Arbor View (5624 : BOND ISSUANCE FOR CRP ARBOR VIEW APARTMENTS LP.)

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT, AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City Council finds the Arbor View housing development to be exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15332 (Infill Development Projects) , and CEQA Guidelines Section 15061(b)(3) (Review for Exemption) and/or 15378(b)(2), (4) and/or (5), each as a separate and independent basis. The proposed activity to approve the issuance of bonds is a governmental fiscal or administrative action which will have no potential to adversely affect the environment, directly or indirectly.

SECTION 3. The City Council hereby approves the proposed plan of finance of the Authority to issue and reissue from time to time of one or more series of revenue bonds in an outstanding principal amount not to exceed $25,000,000. It is the purpose and intent of the City Council that this resolution constitute approval of the proposed plan of finance for the Project for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

SECTION 7. The City Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall LLP
4 West 4th Avenue, Suite 406
San Mateo, CA 94402

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Attachment: Draft Resolution- TEFRA Arbor View (5624 : BOND ISSUANCE FOR CRP ARBOR VIEW APARTMENTS LP.) Resolution 2026-XX Page 3 of 3

SECTION 8. This resolution shall take effect immediately upon its adoption.

ADOPTED _____, 2026 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- TEFRA Arbor View (5624 : BOND ISSUANCE FOR CRP ARBOR VIEW APARTMENTS LP.) Fremont City Council Meeting: 04/07/26 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5666) DOC ID: 5666
Updated: 4/3/2026 9:26 AM by Dina Lewis Page 1
LS POWER FRANCHISE - Public Hearing and Introduction of an Ordinance Granting an Electric Franchise to LS Power Grid California, LLC; Adopt Resolution Adopting the Power the South Bay project Environmental Impact Report and Make Findings; Authorize the City Manager to Take Steps to Effectuate the Franchise; and Direct the City Clerk to Publish a Summary of the Ordinance
Contact Persons:

Name: Ian Champeny Hans Larsen
Title: Real Property Agent Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4759 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summar y: The purpose of this report is to facilitate approval of a franchise agreement with LS Power Grid California, LLC (“LS Power”) to support enhancing the electrical power supply serving Fremont and the greater Bay Area.

BACKGROUND: Over the last year, the City of Fremont has been working with LS Power regarding its Power the South Bay Project to install a new 230 kilovolt (kV) alternating current (AC) transmission line through Fremont for 12 miles (6 miles within Fremont) between existing substations in Santa Clara (near Levi’s Stadium) and in Fremont (on Boyce Road near Auto Mall Parkway).

The purpose of the franchise is to permit LS Power to install, construct, maintain and use under, along, across or upon the public streets, and rights -of-way within the City, pipes and appurtenances for transmitting and distributing electricity. The proposed electrical transmission line is planned to be underground in the south Fremont area and within segments of Fremont Boulevard, Cushing Parkway and Boyce Road.

This project will strengthen the electrical grid by providing robust connections and providing better access to cost -effective energy for residents and businesses. Construction is projected to begin in 2026 and conclude in 2028.

DISCUSSION/ANALYSIS: Electric transmission line upgrades are essential for ensuring reliable and sufficient electricity supply for Fremont and the greater Bay Area. With new technologies being developed, the current infrastructure requires increased capacity to meet demand.

LS Power will pay the City an annual fee in the range of 2.0% - 2.3% of the Fremont portion of its gross revenue on an annual basis. The franchise also requires LS Power to provide a performance security bond in the amount of $200,000, updates in insurance requirements, indemnification, liability, and reimbursement of City actual and administrative costs incurred in processing and administering the franchise, permits, and inspections . LS Power will also install two spare 2 -inch nominal diameter subsurface conduits along the Project’s transmission line route for the City’s use, as shown in the Public Benefits attachment

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Council Staff Report (ID # 5666) Meeting of April 7, 2026 Updated: 4/3/2026 9:26 AM by Dina Lewis Page 2
included with the staff report. In addition, the project should generate significant property and sales tax revenue for the general fund, as well as lease revenue, which has contributed toward the City’s new Central Park Community Center project.

The term of the franchise is recommended to be 10 years with automatic renewals for successive 10-year terms up to 40 years. This enables the City to meet and discuss shared interests and engage and secure partnership agreements to accomplish shared goals such as climate action, resiliency, and other programs.

On March 10, 2026, the City Council adopted a resolution of intent to grant the franchise and set the public hearing for April 7, 2026. Notice of the public hearing was published in the Tri-City Voice on March 17, 2026 (within fifteen days of the resolution of intent ), the public hearing is being held between 20 and 60 days after the passage of the resolution , and all notice and time requirements have been met . The proposed Franchise Ordinance is attached to this report.

FISCAL IMPACT: LS Power will pay an annual franchise fee in the range of 2.0% - 2.3% of the Fremont portion of its gross revenue for the use of the public right of way to convey electrical transmission lines, with the first year of franchise payment expected to be approximately $500,000 to $750,000. Parties will settle on the highest total percentage that meets federal and state regulations without undue burden to maintain LS Power compliance as a transmission-only utility.

ENVIRONMENTAL REVIEW: The California Public Utilities Commission (CPUC) is the lead agency for the Power the South Bay Project for which the franchise is being considered. The CPUC has prepared an Environmental Impact Report (EIR) for the Project, and LS Power Grid California has obtained a Certificate of Public Convenience and Necessity (CPCN) and will obtain a Notice to Proceed (NTP) from the CPUC to begin work. The City Council is being asked to adopt the attached resolution adopting the CPUC EIR and related mitigation programs and issue findings as the responsible agency under CEQA.

The Final Environmental Impact Report (FEIR) for the Power the South Bay Project can be found at the weblink referenced below in this report.

WEBLINKS:

FEIR
Volume 1:
https://ia.cpuc.ca.gov/environment/info/esa/psb/pdfs/Vol_I_Power_the_SouthBay_FEIR.pdf Volume 2:
https://ia.cpuc.ca.gov/environment/info/esa/psb/pdfs/Vol_II_Power_the_SouthBay_FEIR.pdf Volume 3:
https://ia.cpuc.ca.gov/environment/info/esa/psb/pdfs/Vol_III_Power_the_SouthBay_FEIR.pdf

MMRP
https://ia.cpuc.ca.gov/environment/info/esa/psb/pdfs/PSB_MMCRP_2026-03-30.pdf

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Council Staff Report (ID # 5666) Meeting of April 7, 2026 Updated: 4/3/2026 9:26 AM by Dina Lewis Page 3
ATTACHMENTS:
• Project Aerial Map
• Franchise Public Benefits
• Resolution Adopting CPUC EIR with Findings
• 4-2 Franchise Ordinance Formatted

RECOMMENDATIONS:

1. Hold a public hearing and introduce an ordinance granting a franchise to LS Power Grid California, LLC, for the purpose of transmitting electric service in the City’s public rights-of-way.

2. Adopt a resolution (1) adopting the Power the South Bay Project Environmental Impact Report, prepared by the California Public Utilities Commission (A.24 -05- 014; SCH NO. 2024071095); (2) making certain findings as the responsible agency for purposes of and pursuant to the provisions of the California Environmental Quality Act of 1970; and (3) adopting a related Mitigation Monitoring and Reporting Program and Construction Impact Mitigation Plan , in connection with the approval of discretionary actions by the city necessary for the construction and operation of the Power the South Bay Project

3. Authorize the City Manager, or her designee, to execute any agreements and documents necessary to effectuate the ordinance.

4. Direct the City Clerk to publish a summary of the ordinance.

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StewartAve
Christy St
Auto Mall Pkwy
Bunche Dr
S Grimmer Blvd
Nobel Dr
Boyce Rd
Frem
ontB
lvd
Auto Mall Pkwy
Cushing Pkwy
Baylands
880
S Grimmer Blvd
Lakeview
Blvd
Bayside
Pkwy
ResearchAve
Lipp ert Ave
Frem
ontBlvd
E Warren Ave
Mission Blvd
Weibel
Warm Springs
East Industrial
880
Fremont Blvd
Kato
Rd
N
M
cCarthy
Blvd
Dix on Landing Rd
City of Fremont
City of Milpitas
City of San Jose

POWER THE SOUTH BAY

PROJECT
Legend
²
0 10.5
Miles
PSB Centerline

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Attachment: Project Aerial Map (5666 : LS POWER ELECTRIC FRANCHISE)

LS POWER GRID CALIFORNIA, LLC FRANCHISE
Attachment A

Public Benefit Fiber Optic Communication Infrastructure Improvements

Concurrently with the installation of the Facilities, Franchisee shall install two spare 2-inch nominal diameter subsurface conduits along the Project’s transmission line route along Boyce Road, Cushing Parkway, and Fremont Boulevard (between Cushing Parkway and the southern City boundary). Duct bank stub-outs shall be installed along the spare conduit route with a spacing of no more than 1,000 feet, as well as within the vicinity of the intersections of:
• Boyce Road/Auto Mall Parkway
• Cushing Parkway/Auto Mall Circle
• Cushing Parkway/Bunche Drive
• Cushing Parkway/Pacific Commons Boulevard
• Cushing Parkway/Northport Loop West
• Cushing Parkway/Northport Loop East
• Cushing Parkway/Fremont Boulevard
• Fremont Boulevard/Landing Parkway
• Fremont Boulevard/Agua Caliente Creek
• Fremont Boulevard/West Warren Avenue
• Fremont Boulevard/Gateway Boulevard
• Fremont Boulevard/Bayview Drive
• Fremont Boulevard/Lakeview Boulevard
• Fremont Boulevard /Dixon Landing Road.

The locations and design of the spare conduit and stub-outs mentioned above are subject to mutually agreeable changes based on the final Project design. Franchisee shall have the right to disallow any other use that it believes may interfere or otherwise be incompatible with its use of the duct bank for electric transmission purposes. This requirement does not include any obligation for Franchisee to supply, install, splice, set boxes, or provide communication utility service, and the Parties acknowledge this requirement is not intended to compel Franchisee to undertake any activities that trigger incremental utility regulatory requirements that it would not otherwise be subject to.

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Attachment: Franchise Public Benefits (5666 : LS POWER ELECTRIC FRANCHISE)

Resolution 2026-XX Page 1 of 4

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF FREMONT
(1) ADOPTING THE POWER THE SOUTH BAY PROJECT

ENVIRONMENTAL IMPACT REPORT, PREPARED BY THE
CALIFORNIA PUBLIC UTILITIES COMMISSION (A.24-05- 014; SCH NO. 2024071095); ( 2) MAKING CERTAIN FINDINGS AS THE

RESPONSIBLE AGENCY FOR PURPOSES OF AND PURSUANT TO

THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT OF 1970; AND ( 3) ADOPTING A RELATED

MITIGATION MONITORING AND REPORTING PROGRAM AND

CONSTRUCTION IMPACT MITIGATION PLAN, IN CONNECTION

WITH THE APPROVAL OF DISCRETIONARY ACTIONS BY THE

CITY NECESSARY FOR THE CONSTRUCTION AND OPERATION

OF THE POWER THE SOUTH BAY PROJECT

WHEREAS, the California Independent System Operator, a non-profit Independent System Operator that oversees the operation of California’s bulk electric power system, transmission lines, and electricity market generated and transmitted by its member utiliti es, selected LS Power Grid California, LLC (“LS Power”) to develop, construct, and own a high -voltage transmission line to improve the reliability of the electrical grid in the greater South Bay and is called the Power the South Bay Project (“Project”); and

WHEREAS, the Project will come through the southern part of Fremont via approximately 6 miles of 230 kV alternating current underground transmission lines that run from the Pacific Gas & Electric Company’s (“PG&E”) Newark substation then along Boyce Road, Cushing Parkway, and Fremont Boulevard (between Cushing Parkway and the southern City limit).; and

WHEREAS, the City of Fremont (“City”) will be considering proposed discretionary actions necessary to support the implementation of the Project within its jurisdiction, including an ordinance granting a franchise to LS Power pursuant to the California Franchise Act of 1937, Public Utilities Code Section 6201 et seq.; and

WHEREAS, approval of the Project would constitute a project under the provisions of the California Environmental Quality Act of 1970, together with related State and local implementation guidelines and policies promulgated thereunder, all as amended to date (collectively, "CEQA"); and

WHEREAS, on March 19, 2026, the California Public Utilities Commission (“CPUC”), acting as the lead agency for the Project, approved and certified the Final Environmental Impact Report (“FEIR”), A.24-05- 014; SCH NO. 2024071095, evaluating the potential environmental effects of the development of the Project, in compliance with CEQA, the State CEQA Guidelines (California Code of Regulations §15000 et seq.), the Warren-Alquist Act, and California Code of Regulations, General Order 131-D and Rule 3.1 (for a C ertificate of Public Convenience and Necessity); and

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Attachment: Resolution Adopting CPUC EIR with Findings (5666 : LS POWER ELECTRIC FRANCHISE)

Resolution 2026-XX Page 2 of 4

WHEREAS, the FEIR concluded that implementation of the Project could result in certain significant effects on the environment and identified mitigation measures that would reduce those significant effects to a less-than-significant level; and

WHEREAS, pursuant to Public Resources Code Section 21081.6 and CEQA Guidelines Section 15097, when an agency adopts mitigation measures as part of a project approval, the agency is required to adopt a mitigation monitoring and reporting program to ensure compliance with those measures; and

WHEREAS, the CPUC, as Lead Agency, has adopted a Mitigation Monitoring and Reporting Program for the Project; and

WHEREAS, the City, as a Responsible Agency under CEQA, desires to approve the Mitigation Monitoring , Compliance and Reporting Program, and conditions of approval and applicable City permit processes will be incorporated into the Franchise Ordinance and/or subsequent encroachment permits and approvals; and

WHEREAS, LS Power will be responsible for implementing all applicable mitigation measures and applicant-proposed measures identified in the FEIR, as well as complying with City requirements for work within the public right-of-way; and

WHEREAS, prior to approving discretionary actions necessary to support the implementation of the Project within its jurisdiction, the City Council, deemed the decision- maker of the City as a Responsible Agency under CEQA, desires to make certain findings pursuant to Title 14 of the California Code of Regulations, Sections 15091 and 15096, promulgated under CEQA in connection with the reasonably foreseeable discretionary actions to be considered and taken by the City in connection with the implementation of the project within the City’s jurisdiction;

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

SECTION 1. That the above recitals are true and correct.

SECTION 2. That the City has reviewed the information contained in the FEIR that is relevant to its approval of discretionary actions within the City’s jurisdiction necessary for City support of the design and construction of the Project as described in the FEIR prior to acting on the Franchise Ordinance.

SECTION 3. That the City has reviewed the CEQA Findings, and the City Council hereby determines and concludes all of the following:

a. The CPUC has identified, disclosed and adopted the mitigation measures recommended in the FEIR; and

b. The City retains its responsibility for mitigating or avoiding only the direct or

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Attachment: Resolution Adopting CPUC EIR with Findings (5666 : LS POWER ELECTRIC FRANCHISE)

Resolution 2026-XX Page 3 of 4

indirect environmental effects of those parts of the Project which the City decides to implement, finance, or approve; and

c. The City Council has reviewed and considered the FEIR together with the related CEQA Findings and determines that the information and analyses contained in the FEIR, together with the related CEQA Findings, are adequate for its use as a decision-making body for a responsible agency and for its consideration of discretionary actions necessary to implement the Project within its jurisdiction; and

d. Approvals of the discretionary actions within the City are within the scope of the activities described and evaluated in the FEIR; and

e. The City has not identified any feasible alternative or additional feasible mitigation measures within its powers that would substantially lessen or avoid any significant effect that the Project would have on the environment.

SECTION 4. That, therefore, based upon all of the foregoing, the City, as a Responsible Agency under CEQA, hereby approves the CPUC’s CEQA findings for the Project as its own findings under CEQA to the fullest possible extent that said CEQA findings are relevant to City’s decision to approve discretionary actions necessary to implement the Project within its jurisdiction.

SECTION 5. That the City Council was presented with, and has independently reviewed and analyzed the Final EIR and other information in the record and has considered the information contained therein, and has found that the FEIR represent the independent judgment of the City, as Responsible Agency for the Project, and designates the Community Development Department at 39550 Liberty Street, Fremont, CA 94538 as the custodian of documents and record of proceedings on which the decision of the City is based.

SECTION 6. That the significant environmental impacts identified in the FEIR will be mitigated through implementation of the mitigation measures identified in the FEIR.

SECTION 7. That the implementation and monitoring of the mitigation measures identified in the FEIR will be carried out by the CPUC as Lead Agency or by other agencies with jurisdiction, and that the City hereby adopts the Mitigation Monitoring, Compliance and Reporting Program for the Project.

SECTION 8 . The City Council therefore relies on the mitigation monitoring and reporting programs adopted by the CPUC as Lead Agency to ensure implementation of the mitigation measures identified in the Final Environmental Impact Report.

LOCATION AND CUSTODIAN OF RECORDS

The documents and other materials that constitute the record of proceedings on which the City Council based the foregoing findings and approval of the Project are located at the Community Development Department at 39550 Liberty Street, Fremont, CA 94538.

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Attachment: Resolution Adopting CPUC EIR with Findings (5666 : LS POWER ELECTRIC FRANCHISE)

Resolution 2026-XX Page 4 of 4

NOTICE OF DETERMINATION

BE IT FURTHER RESOLVED that the Director of Community Development or designee is hereby directed to prepare a Notice of Determination under CEQA and cause the same to be filed with the County Clerk of the County of Alameda promptly following the City's approval of any discretionary action related to the project.

ADOPTED ______________, 2026 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: Resolution Adopting CPUC EIR with Findings (5666 : LS POWER ELECTRIC FRANCHISE)

Ordinance No. XX-2026 Page 1 of 23

ORDINANCE NO. XX-2026

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FREMONT GRANTING LS POWER GRID CALIFORNIA , LLC, A

FRANCHISE TO CONSTRUCT, INSTALL, LAY, USE, MAINTAIN,

OPERATE, REPAIR, IMPROVE, RENEW, RELOCATE AND REMOVE

TRANSMISSION LINES AND GRID INFRASTRUCTURE FOR THE

PURPOSE OF TRANSMITTING ELECTRICITY IN, ALONG,

ACROSS, UPON , AND UNDER CERTAIN PUBLIC STREETS AND

RIGHTS-OF-WAY WITHIN THE CITY OF FREMONT

WHEREAS, the City of Fremont ( “City”) may grant a franchise pursuant to a procedure prescribed by State law (Division 3, Chapter 2 (6201-6302) of the Public Utilities Code, known as the Franchise Act of 1937, as amended), which includes the procedure by which the City may grant a franchise to construct or use, poles, wires, conduits, and appurtenances for transmitting and distributing electricity for any purpose; and

WHEREAS, on February 26, 2026, LS Power Grid California , LLC, a Delaware limited liability company ( “Franchisee”), submitted an application to the City pursuant to California Public Utilities Code Section 6231 requesting that it be granted an electric franchise; and

WHEREAS, Franchisee has agreed to provide certain public benefits to the City (as provided in Section 3 below), to the review and inspection of the electric transmission facilities (as provided in Section 30 below), to pay annual compensation to the City (as provided in Section 32 below), and to reimburse the City for the reasonable costs incurred by the City in relation to the preparation of this Ordinance; and

WHEREAS, pursuant to Resolution No. 2026-09, the City declared its intention to grant the franchise pursuant to this Ordinance and notice thereof was published as required by California Public Utilities Code Section 6232 et seq.; and

WHEREAS, pursuant to this Ordinance, Franchisee may construct and operate its electric transmission facilities and related appurtenances within the City; and

WHEREAS, this Ordinance provides the terms and conditions under which Franchisee may construct and operate its electric transmission facilities and related appurtenances.

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

SECTION 1. DEFINITIONS

The definitions set forth in this Ordinance shall govern the application and interpretation of this Ordinance.

A. “Actual Costs” means the direct costs associated with purchasing materials and services and paying personnel.

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Ordinance No. XX-2026 Page 2 of 23

B. “Administrative Cost s” means the City's expenses for staff, equipment, supplies , and overhead associated with the administration, implementation, and enforcement of this Ordinance.

C. “Applicable Law” means the Franchise Act of 1937, as amended from time to time, and all present or future federal, state, municipal, or local laws, rules, regulations, ordinances, codes, orders, permit requirements, judgments, injunctions, or decrees or any judgment or order or decree by a court applicable to the Franchisee or any of its Facilities or activities.

D. “City” means the City of Fremont, California.

E. “City Clerk” means the City Clerk of the City.

F. “City Council” means the City Council of the City of Fremont.

G. “City Engineer” means the City Engineer of the Public Works Department.

H. “City Manager” means the City Manager of the City.

I. “City Property” means the property or facilities owned by the City.

J. “Claims” means all claims, losses, liabilities, litigation, causes of action, demands, damages, suits, judgments, debts, costs, expenses (including, but not limited to, attorney's fees and costs, expert fees, and other court costs and fees of litigation or other dispute resolution proceeding and costs), fines, penalties, judgments, orders, injunctions, and liens of every kind and nature, including, but not limited to, claims relating to any Environmental Condition or any Release of any Contaminant, claims for inverse condemnation, claims for personal or bodily injury, wrongful death, injury to real or personal property, natural resources damages, and including claims based on active or passive negligence, gross negligence, willful misconduct, contractual, statutory , regulatory or strict liability, or otherwise, and any claims seeking judicial or administrative relief, or relating to any administrative or regulatory proceedings by any governmental agency, whether or not any such claim is ultimately defeated.

K. “Code” means the Fremont Municipal Code.

L. “Contaminant” means any material, substance , or constituent originating from the Facilities or from Franchisee’s activities, whether solid, liquid, semi -solid, or gaseous in nature, including any hazardous substance or waste, hazardous material, chemical compound, petroleum (or fraction thereof), or any hydrocarbon substance, pollutant , or contaminant, as those terms are defined by any federal, state, or local law, rule, regulation, or order.

M. “Day” means calendar day unless otherwise provided.

N. “Department” means the Department of Public Works of the City.

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Ordinance No. XX-2026 Page 3 of 23

O. “Encroachment Ordinance” means Chapter 12.05 of Title 12 of the Code, or any successor ordinance or Code sections adopted by the City.

P. “Environmental Condition” means the presence or evidence of the likely presence of any Contaminant in violation of Applicable Law and originating from the Facility or from Franchisee's activities, in surface water, groundwater, drinking water supply, soil, land surface, subsurface strata, or the air.

Q. “Facility” or “Facilities” means all property owned, controlled, or used by the Franchisee that are located in or on the Street pursuant to the Franchise, including, but not limited to, electric transmission lines and grounding cables to collect and transmit electrical energy and such additional communications or other utility lines, cables, conduits, duct bank, wires, meters, monitoring equipment , boxes , or vaults, and other necessary and convenient equipment and appurtenances common in the transmission of electricity, whether installed by the Franchisee or not, erected, constructed, laid, operated, or maintained in, upon, over, under, along, or across any Street pursuant to any right or privilege granted by the Franchise.

R. “Fire Chief” means the Fire Chief of the City.

S. “Franchise” means the rights granted to Fra nchisee as described in Section 2 of this Ordinance.

T. “Franchisee” means LS Power Grid California, LLC, a Delaware limited liability company, or any Person to whom the Franchise is lawfully assigned, and any Person acting on behalf of the Franchisee, including its officers, employees, agents, consultants, and contractors.

U. “Franchise Fee” means the fee described in Section 32 of this Ordinance.

V. “Ordinance” means this Ordinance granting the Franchise to Franchisee, unless some other ordinance is mentioned.

W. “Permanent Discontinuance” shall mean, for a period of a three hundred sixty five (365) consecutive days (excluding days caused by events of force majeure) after the initial energization and utilization of the Facilities, the Facilities have either: (i) not been in use with no definitive plans to return to use or (ii) have not been functional with no definitive plans to return to functionality.

X. “Person” means any individual, person, firm, partnership, or corporation.

Y. “Public Entity ” means a county, city, district, local public body, state board, state commission, federal agency, or joint powers authority. Public Entity does not include any investor or other privately owned public utility.

Z. “Release” means any “release” (as that term is defined in 42 U.S.C. § 9601(22)), or “disposal” (as that term is defined in 42 U.S.C. § 6903(3)), or any discharge, active or passive

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Ordinance No. XX-2026 Page 4 of 23

migration, deposit, storage, burial, emplacement, seepage, filtration, or disposal of a Contaminant into the environment originating from any Facility or from Franchisee's activities.

AA. “Remedial Work” means all “Remedial Action” (as that term is defined in 42 U.S.C. § 9601(24)), and all other actions as are necessary or required to remediate a Release of any Contaminant or an Environmental Condition to a condition which would allow unimpaired and unrestricted use and development and would comply with Applicable Law, and including, but not limited to, all actions necessary to “Remove,” “Remedy,” or “Respond” (as those terms are defined in 42 U.S.C. § 9601(23), (24) , and (25), respectively), a Release of a Contaminant or Environmental Condition.

BB. “Remediation Costs” means all Actual Costs and Administrative Costs incurred by the City, whether in house or by contract, in performing and monitoring any Remedial Work.

CC. “Shall” is mandatory; “may” is permissive.

DD. “Street” means any public street, road, highway, alley, lane, court, right -of-way, place, or other public easement, which now exists or may hereafter exist in the City and over which the City has the authority to grant a Franchise.

SECTION 2. SCOPE OF FRANCHISE

A. The City Council hereby grants this Franchise to Franchisee to, in accordance with the terms hereof, construct, install, lay, use, maintain, operate, repair, improve, renew, relocate, and remove the Facilities in connection with the transmission of electricity necessary or convenient for the exercise of the Franchise in, along, across, upon, and under the Streets within the City.

B. Franchisee shall have no recourse whatsoever against the City or any official, officer, employee, or agent thereof for any loss, cost, expense, or damage arising out of any provision or requirement of this Franchise or the enforcement thereof. No privilege or exemption is granted or conferred by this Franchise except those specifically prescribed herein.

C. The following rules shall apply to the construction of this Ordinance unless the context requires otherwise: (i) the singular includes the plural, and the plural includes the singular; (ii) words imparting any gender include the other gender; (iii) references to statutes are to be construed as including all statutory provisions consolidating and amending, and all regulations promulgated pursuant to, such statutes; (iv) references to “writing” include printing, photocopy, typing, lithography, and other m eans of reproducing words in a tangible visible form; (v) the words “including,” “includes,” and “include” shall be deemed to be followed by the words “without limitation”; (vi) references to the introductory paragraph, recitals, articles, sections (clauses or subdivisions of sections), exhibits, appendices, annexes, or schedules are to those of this Ordinance unless otherwise indicated; (vii) references to agreements and other contractual modifications shall be deemed to include all subsequent amendments o r other modifications to said instruments, but only to the extent such amendments or other modifications are permitted or not prohibited by law or the terms of this Ordinance; (viii) section headings in this Ordinance are included herein for convenience of reference only and shall not constitute a part of this Ordinance for any other

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purpose; (ix) references to Persons include their respective permitted successors and assigns and, in the case of governmental Persons, Persons succeeding to their respective functions and capacities; and (x) in the computation of a period of time from a specified date to a later specified date, the word “from” means “from and including,” and the words “to” and “until” each means “to but excluding.”

SECTION 3. PUBLIC BENEFITS

A. As a condition of this grant of Franchise to make efficient use of the Streets and maximize the public benefits for residents and businesses in Fremont, Franchisee shall install with the Facilities two 2-inch nominal diameter conduits along certain segments of the Facilities and subsurface conduit stub-outs in the vicinity of certain intersections, all as described in Exhibit A, which is attached hereto and incorporated by this reference, for the exclusive use of the City or the City’s designated agent(s) for non-metallic fiber optic communications lines.

Franchisee shall have the right to disallow any other use of said conduits that it reasonably believes may interfere or otherwise be incompatible with its use of the Facilities for electric transmission purposes. This requirement does not include any obligation for Franchisee to supply, install, splice, or provide communication utility lines or service or maintain such conduit, and the City acknowledges this requirement is not intended to compel Franchisee to undertake any activities that trigger incremental maintenance or utility regulatory requirements to which it would not otherwise be subject.

B. The Parties shall enter into separate Memorandum of Understanding to memorialize their shared commitment to remain open to partner on innovative demonstration project opportunities that may arise in the future such as piloting and accelerating climate resiliency technologies and cooperating on projects that benefit residents and workers in Fremont.

SECTION 4. LOCATION OF FACILITIES

Upon the completion of the construction of the Facilities, Franchisee shall provide the City Engineer with the “as-built” plans and specifications as required by Section 16.B of this Ordinance identifying the actual location of the Facilities.

SECTION 5. ABOVE GROUND FACILITIES

Nothing in this Ordinance shall be construed to permit the Franchisee to construct poles or other Facilities above ground, unless approval is obtained pursuant to Applicable Law.

SECTION 6. NONEXCLUSIVE FRANCHISE

The granting of this Franchise shall not prevent the City from granting any similar franchise to any Person.

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SECTION 7. ACCEPTANCE OF FRANCHISE

The Franchisee shall, within ninety (90) days after the adoption of this Ordinance, file with the City Clerk a written acceptance of the terms and conditions of this Ordinance. The Franchise shall be null and void if the written acceptance is not filed within the prescribed time.

SECTION 8. TERM

A. The term of this Franchise shall be for ten ( 10) years with automatic renewals for successive 10-year terms, up to a total of 40 years. Prior to expiration of each 10 -year term, the Parties shall meet and discuss any matters and concerns related to the operation of the Franchise, shared interests and explore potential partnership agreements to accomplish shared goa ls such as climate action, resiliency, and other programs in accordance with the Parties MOU referenced in Section 3.B.

B. At least eighteen (18) months prior to conclusion of the 40-year total term, unless City has terminated the Franchise due to default and failure to cure, or until a Permanent Discontinuance of the entire Facilities, the Parties shall commence negotiation of a new or extended franchise. Until such time as a new or extended franchise ordinance is adopted, this Franchise shall remain in full force and effect.

SECTION 9. FORFEITURE

The Franchise is granted and shall be held and enjoyed upon each and every condition contained in this Ordinance. The Franchise shall grant only those rights that are stated in plain and unambiguous terms. Failure or refusal to comply with any of the conditions of the Franchise, including the failure to comply with all Applicable Law, shall constitute grounds for the suspension or forfeiture of the Franchise , subject to the terms and conditions of this Ordinance . The City Council, prior to any suspension or forfeiture of the Franchise, shall give to the Franchisee (in accordance with Section 18 hereinafter) and any Mortgagee (in accordance with Section 12 below) not less than ninety (90) days’ notice (or such longer period of time as is reasonably necessary to cure the applicable default) in writing of any default thereunder. If the Franchisee does not, within fifteen (15) days of receiving the written notice, begin the work of compliance or, after such beginning, does not prosecute the work with due diligence to completion, the City Council may hold a hearing, at which the Franchisee shall have the right to appear and be heard, and thereupon, but subject to Section 12 below, the City Council may determine, in its sole discretion, whether such conditions are material and essential to the Franchise and whether the Franchisee is in default with respect thereto and may declare the Franchise suspended or forfeited, or whether the City Council will impose additional cond itions on the Franchisee as an alternative to suspension or forfeiture. Notice of said hearing shall be given to the Franchisee and any Mortgagee required under Section 12 below by certified mail not less than fifteen (15) days before said hearing.

SECTION 10. STATE HIGHWAYS

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the City by the Franchise as to such a Street or portion thereof. This Section 10 does not apply to any change of location in a state highway for a temporary purpose.

SECTION 11. EMINENT DOMAIN

The Franchise granted hereunder shall not in any way or to any extent impair or affect any right of the City to acquire the property of the Franchisee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's or the Franchisee's rights of eminent domain before any court or other public authority in any proceeding of any character.

Notwithstanding the foregoing or anything contained in this Ordinance or the Franchise granted hereunder, all Facilities shall remain the personal property of Franchisee, removable by Franchisee at any time during the term of the Franchise (subject to Section 20 hereinafter).

SECTION 12. ASSIGNMENT

A. Unless otherwise authorized pursuant to applicable law (e.g., Section 851 of the California Public Utilities Code), any franchise transfer, assignment, or change in ownership of the Franchise shall be subject to City Council approval (which approval not to be unreasonably withheld, conditioned or delayed) and the requirements of California Franchise Act of 1937, as amended, including the filing requirement that the franchise transfer be filed with the Fremont City Council in accordance with Section 6298 of California Public Utilities Code.

B. The Franchisee shall not sell, transfer, assign or lease the Franchise or any part thereof, or allow another Person or entity ( except the Franchisee's affiliates and contractors and other California electric utilit y companies adequately experienced and credentialed to operate the Facilities) to operate the Facilities subject to the Franchise, except with the prior written consent of the City Manager, which consent shall not be unreasonably withheld, conditioned or delayed .

Notwithstanding the foregoing, Franchise e may hypothecate the Franchise and/or Facilities without such consent and, in the event of foreclosure, a secured party or agent thereof (a “Mortgagee”) may be assigned the Franchise and/or Facilities provided that : (a) any necessary approvals of such transactions and the Mor tgagee by the CPUC are obtained; (b) the Facilities within the Streets are properly maintained; (c) the Mortgagee agrees in writing to be bound by the terms of the Franchise and not to further assign the Franchise without the consent of the City Council; and ( d) the Mortgagee pays to the City the required administrative fee to process the assignment. Upon any such assignment or foreclosure, LS Power Grid California, LLC shall have no further liability under this Ordinance or the Franchise. In no event shall Franchisee have the right to encumber, in any manner whatsoever, City's fee or other underlying ownership interest in the Streets subject to the Franchise.

C. Subject to the conditions in Section 12.A, upon delivery to the City of notice of its name and address, and for as long as the lien of the Mortgagee exists, such Mortgagee shall be entitled to the following protections:

1. The City and Franchisee will not modify or terminate this Franc hise without the prior written consent of the Mortgagee which consent will not be unreasonably withheld,

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conditioned or delayed.

2. Mortgagee shall have the right to do any act or thing required to be performed by Franchisee under this Franchise and any such act or thing shall be as effective to cure any default under this Franchise as if done by Franchisee itself.

3. To the extent Franchisee’s failure to perform under this Franchise results in the City being afforded the right to terminate this Franchise pursuant to the terms hereof (each a "Default"), then the City will not terminate this Franchise unless it has first given notice of such uncured Default and its intent to terminate to Mortgagee and has given Mortgagee the same period after receipt of a written notice of Default to cure the Default as is given to Franchisee plus at least thirty (30) additional days to cure the Default to prevent such termination of this Franchise.

4. In the case of any termination of this Franchise, the City shall, upon written request of Mortgagee, made within sixty (60) days after such notice to Mortgagee, enter into a new franchise agreement with Mortgagee, or its designee, within twenty (20) days after receipt of such request. Such new franchise agreement shall be effective as of the date of the termination of this Franchise and shall be on the same terms and conditions of this Franchise.

D. All of the limitations, uses, obligations, covenants, restrictions, permissions, and conditions stated herein shall run with the terms of this Franchise and shall be binding on all parties having or acquiring any right, title , or interest in the Franchise, and shall inure to the benefit of and be binding upon each lawful successor in interest of the owners thereof. Each and all these limitations, uses, obligations, covenants, conditions, permissions, and restrictions shall be deemed to be , and shall be construed as , equitable servitudes, enforceable by the City against any other owner, contractor, subcontractor, or supplier of Franchisee and by Franchisee against the City.

E. Nothing in this Ordinance shall be construed as a waiver of the City’s rights or remedies pursuant to the Franchise Act of 1937, as amended, or any other Applicable Law.

SECTION 13. CITY OFFICERS

Any right or power conferred, or duty imposed upon any officer, employee , or department of the City under this Franchise may be delegated to any other officer, employee, or department of the City by the City Manager, except as otherwise provided under the Franchise Act.

SECTION 14. CITY APPROV AL OF LOCATION OF FACILITIES

Franchisee may not, pursuant to this Franchise, construct, install or operate any Facilities in any Street without first obtaining the prior written approval of the City Engineer through the issuance of any necessary encroachment permit. Franchisee acknowledges that as of the effective date of this Ordinance, Franchisee is aware of all governmental requirements, site and physical conditions (including sub-surface conditions) to the best of its knowledge through reasonable efforts, and other matters affecting the use and condition of any Street in which the Facilities are to be located.

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SECTION 15. RELEASE OF PRODUCTS OR CONTAMINANTS

Notwithstanding any other provision herein, in the event of Release of a Contaminant by Franchisee or from any Facility of Franchisee or the discovery of an Environmental Condition caused by Franchisee or any Facility of Franchisee, Franchisee shall immediately conduct such Remedial Work and pay all Remediation Costs, at its sole expense, as is necessary to fully mitigate and remediate the same in accordance with all Applicable Law; provided, however, notwithstanding the foregoing to the contrary, that Franchisee shall have no obligation or liability for (a) any Release preexisting the grant of this Franchise or (b) any Environmental Condition not otherwise caused or contributed by the actions of Franchisee. In the event that Franchisee fails to perform necessary remediation work in accordance with Applicable Law and/or as required by any final Remedial Action plan approved by the regulatory agency with oversight responsibility, City may commence a nuisance abatement action or take any other administrative or legal action the City deems appropriate in the circumstances to cause the conduct of the Remedial Work and, as may be applicable, to recover any and all Remediation Costs. Failure to remediate any release of dangerous products or contaminants caused or contributed by Franchisee may result in penalties or forfeiture of this Franchise in accordance with the provisions of Section 21 and Section 9 of this Ordinance.

SECTION 16. GENERAL REQUIREMENTS

A. Hazardous Substance Testing. Franchisee shall, upon request, provide to the City the results of any hazardous substances testing conducted during and in connection with construction of any Facilities.

B. Plans and Specifications. Franchisee shall provide to the City Engineer an electronic copy in PDF and AutoCAD file format of “as-built” plans and specifications for its Facilities within the Streets no later than one hundred eighty (180) days after the Facilities have been fully constructed.

Franchisee shall maintain for the term of this Ordinance a current and accurate set of maps and plans showing all of the Facilities as installed. Franchisee shall make such maps and plans available to the City at no cost in order to facilitate other projects within the Streets and for public safety purposes; notwithstanding the foregoing, Franchisee sh all not be required to make information available to the public which, in its sole discretion, may compromise sensitive details of the electrical grid.

C. Fire Risk Training. Franchisee shall annually meet with fire department staff having fire suppression responsibilities for the Facilities to discuss and review contingency plans for emergencies, and have an initial meeting when the “as-built” plans are submitted to the City.

D. Damage to Facilities. Franchisee shall promptly repair any damage to its Facilities. If any private property shall be damaged due to the Facilities (provided such damage was not caused by the owner of such private property or anyone for whom they are responsible) or by reason of any cause arising from the operation of the Franchise, Franchisee shall, at its own cost and expense, immediately repair and restore such private property to as good condition as the same was before the damage occurred to the reasonable satisfaction of the City Engineer , or Franchisee shall equitably compensate the affected private property owner.

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SECTION 17. COMPLIANCE WITH APPLICABLE LAW AND STANDARD OF CARE

Until such time as (i) the Franchise terminates; (ii) the decommissioning or abandonment in place by Franchisee of all of its Facilities in accordance with Section 20; and (iii) the completion by Franchisee of any necessary Remedial Work, Franchisee will comply with all Applicable Law relating to this Franchise and work performed hereunder. All work performed by Franchisee or at the behest of Franchisee within the Streets shall be in accordance with the provisions of this Franchise, including, but not limited to, this Section 17, and all Applicable Law. Franchisee shall design, install, and maintain all Facilities in a good and workmanlike manner in compliance with Good Utility Practice (as defined by CAISO Tariff, Appendix A (Master Definition Supplement)), dated as of November 19, 2025, and any other Applicable Law.

SECTION 18. NOTICES AND RECORDS

Upon City's request, Franchisee will transmit to City copies of all material notices, orders , or statements, other than those relating to taxes, sent to or received from any governmental agency concerning the safety or maintenance of any Facility or any operations conducted by Franchisee in the City pursuant to the Franchise, including , but not limited to , repair, replacement, or the physical condition of any Facility.

All notices permitted or required hereunder shall be addressed as follows and shall be deemed to have been completed at the time of deposit in the post office:

If to the City: City Engineer
City of Fremont
39550 Liberty Street
Fremont, CA 94538

and

City Manager
City of Fremont
3300 Capitol Avenue
Fremont, CA 94538

If to Franchisee: LS Power Grid California, LLC
16150 Main Circle Dr., Ste. 310
Chesterfield, MO 63017
Attn: Asset Manager

and

LS Power Grid California, LLC
16150 Main Circle Dr., Ste. 310
Chesterfield, MO 63017
Attn: Legal Department

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SECTION 19. ACCESS TO RECORDS AND PROPERTY

Upon request, the Franchisee shall permit the City or its duly authorized representative to examine all of its Facilities, together with any appurtenant property of the Franchisee , provided that Franchisee shall be entitled to accompany (through an agent of Franchisee's choosing) City or its duly authorized representative during any such inspection and City or its duly authorized representative shall adhere to all safety and security measures required by Franchisee . At Franchisee's expense, Franchisee's maintenance and repair records concerning its operations under this Franchise shall be provided to the City Engineer for examination and copying within a reasonable time after City's request, during normal business hours. All records related to this Franchise shall be retained for the period required by Applicable Law.

SECTION 20. REMOV AL OR ABANDONMENT OF FACILITIES

A. Subject to Applicable Law, at the time of the revocation or termination of this Franchise, or the Permanent Discontinuance of the use of its Facilities or any portion thereof, the Franchisee shall, within thirty (30) days thereafter make written application to the City Engineer for authority to either abandon all or a portion of such Facilities in place or to remove all or a portion of such Facilities, and submit a detailed plan of the proposed action . Thereupon the City Engineer shall determine whether any abandonment or removal is deemed necessary at some or all locations, and whether any abandonment or removal which is thereby proposed may be effected without detriment to the public interest, or under what conditions such proposal of abandonment or removal may be safely affected and shall then notify the Franchisee of the City’s decision pursuant to an order issued by the City Engineer. Within one hundred eighty (180) days thereafter, or such other time as the City and Franchisee deem reasonable, Franchisee shall, pursuant to such order of the City Engineer, either (i) remove all or a portion of such Facilities or ( ii) abandon in place all or a portion of such Facilities in accordance with all conditions prescribed under this Ordinance and in the City Engineer’s order.

B. In the event of a revocation or termination of this Franchise or the Permanent Discontinuance of the Facilities, t he Franchisee shall pay to the City the Actual Costs and Administrative Costs of all inspections and reasonable tests required to determine whether the Facilities shall be abandoned or removed.

C. If any Facilities are to be abandoned in place, subject to prescribed conditions, and said Facilities are not abandoned in accordance with all of such conditions, then the City Engineer may make additional appropriate orders, including, if deemed appropriate, an order that the Franchisee shall remove all such Facilities. If the Franchisee fails to comply therewith, the City Engineer may cause said Facilities to be removed at the Franchisee's expense, and the Franchisee shall pay to the City the Actual Costs and Administrative Co sts of removing the Facilities . If after due notice Franchisee fails to pay the City for Actual Costs and Administrative Costs for removing the Facilities, City may draw upon Franchisee’s Security to recover its costs.

D. If the Franchisee applies for authority to abandon all or a portion of its Facilities in place, and the City Engineer determines that abandonment in place of all or part of such Facilities may

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be effected without detriment to the public interest, the Franchisee shall pay to the City the Actual Costs and Administrative Costs related to the abandonment.

E. Within one hundred eighty (180) days following the date on which any Facilities have been fully removed or abandoned under the Franchise, the Franchisee shall file a plan with the City Engineer showing the location, depth, and size of the Facilities so removed or abandoned.

SECTION 21. APPEALS AND REMEDIES

A. The City will notify Franchisee of any material noncompliance with the Franchise, and Franchisee shall have thirty (30) days from receipt of the City’s notice, to cure the noncompliance or provide a written plan acceptable to the City, for such cure. If the noncompliance creates an immediate danger to public health or safety, the City may require a shorter cure period. Failure to cure the noncompliance within the specified period may result in enforcement action by the City under Applicable Law. Any penalties or remedies imposed under Applicable Law may be appealed as provided therein.

B. Any decision made by the City Engineer pursuant to authority delegated in this Ordinance may be appealed by Franchisee to the City Manager. For purposes of seeking judicial review, the decision of the City Manager shall be final when notice of the decision is given in accordance with Section 18. Nothing in this Ordinance shall be construed as a waiver of the City’s rights or remedies pursuant to Applicable Law, including with respect to forfeiture in accordance with Section 6291 of the Public Utilities Code. The remedies set forth in this Ordinance shall not be construed to limit other lawful enforcement remedies that the City may have under the Fremont Municipal Code to the extent that they are applicable and not inconsistent with the terms of this Ordinance.

SECTION 22. MAINTENANCE AND REPLACEMENT

A. Maintenance Requirements . All Facilities shall be maintained in a good workman-like manner and in conformity with Applicable Law.

B. Replacement. Any r eplacement of Facilities shall be constructed and installed in compliance with Applicable Law. All such reinstallations or replacements shall be reviewed by the City Engineer as to the most desirable location in the Streets of the City and his or her decision shall be final and binding on the Franchisee subject to appeal pursuant to Section 21.

C. Permits. Where the provisions of any Applicable Law, which shall be in force at the time, require the issuance of an excavation, encroachment, or other type of permit, the Franchisee shall not commence any excavation or encroachment work under the Franchise until it shall have obtained such permits, except in cases of emergency affecting public health, safety, or welfare or the preservation of life or property, in which case the Franchisee may immediately address the emergency but shall apply for such permits as soon as practicable thereafter. The Franchisee's application for a permit under Applicable Law shall show the length and proposed location of the Facility intended to be installed, and such other information as the Department may require. The Franchisee shall pay all permit inspection fees established by City Council resolution to the Department.

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D. Work on and Restoration of Street . The work of constructing, replacing, maintaining, repairing, relocating, or removing Facilities authorized under the provisions of this Ordinance in, over, under, along, or across any Street shall be conducted to minimize hindrance to the use of the Street for purposes of travel, and as soon as such work is completed, all portions of the Street which have been excavated or otherwise damaged thereby shall promptly and in a workman -like manner be repaired, replaced, or restored and placed in as good condition as the same was before the commencement of such work. All restoration, relocation, repair, or replacement work shall be done to the satisfaction of the City Engineer at the expense of the Franchisee in accordance with all Applicable Law, including, but not limited to , the Encroachment Ordinance. All work within the Street shall be done in accordance with the then current City standard details and specifications.

In the event that the Franchisee shall fail or neglect to commence to make such Street repair, replacement, or restoration work and complete such work within a period of time approved by the City Engineer, then fifteen (15) days after notice therefor has been given Franchisee by the City Engineer, the City may repair, replace , or restore said Street at the expense of Franchisee. The Franchisee agrees to pay to the City the Actual Costs and Administrative Costs of performing such work.

E. Failure to Timely Comply. Whenever the Franchisee fails to complete any work required by the terms and conditions of the Franchise, and the permits issued thereunder, within the time limits required thereby and hereby, the City may complete or cause to be completed said work in compliance with Applicable Law at the expense of the Franchisee. The Franchisee agrees to pay to the City the Actual Costs and Administrative Costs of performing such work.

F. Completion Statement . Upon the completion of the construction of any Facilities constructed pursuant to the Franchise after the effective date of this Ordinance, the Franchisee shall submit a statement to the City Engineer, identifying the permit or permits issued by the Department, the total length , material, and diameter of the Facilities (as applicable) , the construction of which was authorized under such permit or permits, and such details of the Facility as installed.

G. Facilities. The Franchisee shall have the right to construct, maintain , and repair such Facilities as may be necessary or convenient for the proper maintenance and operation of the Facilities under this Franchise, and said Facilities within the Street shall be kept below or flush with the surface of the Street and so located as to conform to any ordinance, rule, or regulation of the City, or of any permit issued by the Department in regard thereto and shall not interfere with the use of the Street for public use. The Franchisee shall have the right, subject to Applicable Law, to make all necessary excavations in said Streets for the construction, maintenance , and repair of said Facilities; provided, however, that the Franchisee shall first obtain an encroachment permit in accordance with the Encroachment Ordinance from the Department for doing any such work.

H. Repair. The Franchisee shall obtain an encroachment permit in accordance with the Encroachment Ordinance to perform ordinary repair work and emergency repair work.

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I. Traffic Hazards and Nuisances. In order to minimize traffic hazards and public nuisances arising out of Franchisee's installation and operation of the Facilities pursuant to this Franchise within the Street, Franchisee shall ensure that all its site locations, adjacent properties and surrounding streets stay substantially free and clear of silt, tracked mud, dust, and the like, coming from or any way related to its Facilities. In the event Franchisee fails to comply with this condition, Franchisee grants the City the rights to take or cause to be taken, without prior notice to Franchisee, immediate corrective action, with all Actual Costs and Administrative Costs incurred by City to be reimbursed by Franchisee upon City's written demand.

J. Facilities Location. Franchisee shall be able to identify the location s of its underground Facilities as required by Applicable Law, by, for example and without limitation , the use of Facilities maps, plans and specifications, and through the use of detectable underground warning tape.

SECTION 23. RELOCATION/REPAIR

A. The City Engineer shall have the right to require relocation and/or repairs of the Facilities for any public project , including, but not limited to , the construction, repair, relocation, or new installation of any aboveground or underground City facility, utility, storm drain, sewer, waterline, or roadway improvement (such as any lawful change of grade, alignment, or width of any Street) provided that nothing in this Section 23 shall be deemed a waiver by Franchisee of any of its rights related to the foregoing (including, but not limited to, arising due to Franchisee being a public utility). “Public project ” means projects initiated by a Public Entity. The Franchisee shall relocate/repair its Facilities, or portion thereof, to the reasonably nearest alternative location or other location in the Street mutually agreeable to the City and the Franchisee, either permanently or temporarily, as is determined by the City Engineer and within the reasonable time required by the City Engineer , it being acknowledged that relocation on an expedited basis may not be practicable. Said relocation/repair shall be accomplished at the Franchisee's sole expense.

B. If the Franchisee fails to relocate its Facilities within the reasonable timeline set forth in the City Engineer's notice of relocation or repair, or to complete construction and/or site restoration, the City may, provided that it complies with Applicable Law, cause the work to be done, and the Franchisee shall reimburse the City or other Public Entity for such cost within sixty (60) days after presentation to Franchisee of an itemized account of such costs. The Franchisee shall hold harmless the City, its officers, contractors, agents, and employees from any liability which may arise or be claimed to arise from the moving, cutting, or alteration of any of the Facilities, or the turning on or off of utilities, including water, oil, or other liquid, gas, or electricity required to be accom plished by the City as a result of the Franchisee's failure to relocate said Facility by the date established by the City as provided above.

SECTION 24. EMERGENCY PREPAREDNESS AND RESPONSE

A. Emergency Response Plan . Franchisee, at its sole cost and expense, shall provide to the City Engineer and the Fire Department, its Emergency Response Plan (the “Plan”) that analyzes the risks associated with Franchisee's Facilities and identifies the monitoring, inspection, and emergency response procedures that Franchisee will maintain to ensure there will be no

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detrimental impact to City's facilities or the public at least 90 days prior to the initial energization of the Facilities. The Plan shall specifically include procedures which Franchisee has established for informing local fire and other City emergency personnel of steps to take in the event of an emergency. The Plan shall be subject to review and comment by the City Engineer and the Fire Department no more frequently than annually, and shall contain all of the following information:

1. A diagram showing the as -built or modified locations of the Facilities , subject to applicable energy infrastructure information confidentiality requirements.

2. A description of the Facilities, including sufficient technical information to identify fire extinguishing procedures.

3. A description of the potential hazards of the Facilities and the mitigation actions to reduce such hazards. Any mitigation action that may affect the surrounding area must be approved by the City Engineer.

4. Other information which may be validly required in conformance with Applicable Law and by the City Council and/or City Manager.

B. Changes to Plan. Franchisee shall promptly notify the City Engineer and Fire Chief of any changes in the procedures previously established in the Plan, if not previously listed and reported by Franchisee to the City Engineer and Fire Chief.

C. Wildfire Mitigation Plan. Franchisee shall provide to the City its Wildfire Mitigation Plan that details risks and wildfire prevention actions associated with the Facilities.

D. Emergency Contact. At all times during the term of this Franchise, Franchisee shall maintain on a twenty-four (24) hour basis personnel available to facilitate the de -energization of the Facilities for the purpose of responding in the event of an emergency resulting from Franchisee’s operations or an earthquake, fire, flood, explosion, an act of war or terrorism, civil disturbance, or other cause. Franchisee shall at all times maintain in the offices of the City Clerk, City Engineer, and the responsible fire department an emergency telephone number whereby and through which such emergency contact may be reached.

E. City Mitigation of Emergencies . In the event of an emergency, or where Facilities create or are contributing to an imminent danger to health, safety, or property (“Emergency”), City shall first use all reasonable efforts under the circumstances to contact Franchisee using the contact information provided by Franchisee to City (as the same may be changed in writing by Franchisee from time to time) for Franchisee to take emergency action . In the event that City is unable to contact Franchisee using such contact information, then City shall have the right to take appropriate action(s) to mitigate such Emergency . Any mitigation actions taken by the City in such circumstance are at Franchisee's expense, provided that Franchisee's acts or omissions or any disaster (such as an earthquake, fire, flood, explosion, an act of war or terrorism, civil disturbance, or other cause) directly or indirectly caused or contributed to the Emergency. Such expenses shall consist of the Actual Costs and Administrative Costs of such mitigation work undertaken by City.

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SECTION 25. RESERV ATION OF CITY RIGHTS

A. There is hereby reserved to the City every right and power which is required or permitted to be herein reserved or provided by any provision in federal or state law or City ordinance, resolution, or regulation, and Franchisee by its acceptance of this Franchise agrees to be bound thereby and to comply with any action or requirement of the City in its exercise of any such power.

Neither the granting of this Franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City.

B. The Franchise herein granted to Franchisee, and all rights and privileges granted thereunder, are and shall be subordinate to the right of the City and of the general public, to use and occupy any public right-of-way for any private or public uses or purposes; provided, that any such uses, other than uses consistent with those existing as of the effective date of this Franchise, may not materially interfere with the Facilities or Franchisee’s exercise of its rights under this Franchise.

SECTION 26. INDEMNIFICATION

A. The Franchisee shall to the fullest extent permitted by law, hold harmless, defend (with counsel approved by the City) , and indemnify the City, and its elected officials, officers, employees, and agents (hereinafter “Indemnified Parties”) from and against all Claims resulting or arising out of, pertaining to, or in any way related to the Franchisee’s performance or failure to perform under this Ordinance (“Events”). Franchisee shall accept the City’s tender of defense of any claim or lawsuit naming the City in connection with this Franchise.

B. The Indemnified Parties shall have the right to approve the attorneys selected by Franchisee to represent them. In the event Franchisee does not provide attorneys acceptable to the Indemnified Parties, the Indemnified Parties may select attorneys of their choice, so long as the attorney's rates are reasonable for services provided in the San Francisco Bay Area.

C. The aforesaid hold harmless , defend, and indemnification obligation s shall apply to all Claims of every kind, suffered, or alleged to have been suffered, by reason of any of the aforesaid Events, regardless of whether or not Indemnified Parties have prepared, supplied, or approved any plans, specifications or City permit and irrespective of Indemnified Parties' grant of permission contained herein, and irrespective of Indemnified Parties' inspection or approval of the Facilities or work performed or im provements constructed by Franchisee. Said indemnification and hold harmless obligation shall not include damages, liabilities, and/or Claims to the extent arising out of or caused by any of the Indemnified Parties' sole negligence or willful misconduct.

SECTION 27. INSURANCE

A. Franchisee shall, throughout the duration of this Franchise, maintain insurance to cover Franchisee (including its agents, representatives , and employees) in connection with the performance of this Franchise and any Claims arising out of or in connection with any work or operations under this Franchise . In addition, Franchisee shall require its contractors performing work or services in the Streets to maintain insurance in the same amounts as required under this

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Section 27. This Franchise identifies the insurance levels with which Franchisee (and the applicable contractors) shall comply; however, the required insurance levels shall not relieve Franchisee of any other performance responsibilities under this Franchise (including the indemnity requirements), and Franchisee may carry, at its own expense, any additional insurance it deems necessary or prudent. Concurrently with the effective date of this Franchise , and prior to the commencement of any construction work or issuance of City permits , Franchisee shall furnish written proof of insurance (certificates and endorsements), in a form acceptable to the City.

Franchisee shall provide substitute written proof of insurance no later than 30 days prior to the expiration date of any insurance policy required by this Franchise. Any limit requirements may be met with any combination of primary and excess coverage so long as the excess coverage is written on a “follow form” or umbrella basis.

B. Insurance Requirements. Franchisee shall maintain insurance at the following levels:

1. Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) coverage in an amount of $5,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage , including Products and Completed Operations coverage, explosion, collapse and underground hazards. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Workers’ Compensation coverage as required by the State of California.

3. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

4. Pollution Liability: $1,000,000 per contamination incident.

5. Employer’s Liability of $1,000,000 per accident.

C. Endorsements. The insurance policies shall be endorsed with a form equivalent to ISO form CG 20 10 10 93, as follows:

1. For the commercial general liability, automobile liability, and pollution liability, the City (including its elected officials, officers, employees, and agents) shall be named as additional insured and covered as respects: liability arising out of activities performed by or on behalf of Franchisee; products and completed operations of Franchisee; premises owned, leased, or used by Franchisee; and automobiles owned, leased, hired, or borrowed by Franchisee. The s cope of protection afforded to City, its officers, empl oyees, and agents shall extend to cover their concurrent negligence.

2. Franchisee’s insurance is primary to any other insurance available to the City with respect to any claim arising out of this Franchise. Any insurance maintained by the City shall be excess of the Franchisee’s insurance and shall not contribute with it.

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3. Franchisee’s insurance will not be canceled, limited, or allowed to expire without renewal until after 30 days written notice has been given to the City. During the term of this Franchise, Franchisee will not materially alter any of the policies or reduce any of the levels of coverage afforded by its insurance policies.

4. Any failure to comply with reporting provisions of the policies by Franchisee shall not affect coverage provided City, its officers, employees, or agents.

5. Coverage shall state that Franchisee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

6. Coverage shall contain waiver of subrogation in favor of the City, its officers, employees, and agents.

D. Qualifications of Insurers. All insurance companies providing coverage to Franchisee shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California and shall have an A.M Best’s rating of not less than “A-:VII.”

E. Self-Insurance. Notwithstanding anything to the contrary herein, to the extent (i) Franchisee is a public utility regulated by the CPUC, and (ii) Franchisee maintains a reasonable and prudent self-insurance program that is subject to CPUC oversight, the requirements set forth in this Section 27 shall not be applicable; provided, that if Franchisee intends to rely upon a self - insurance program in lieu of the insurance otherwise required by this Section 27, then upon request by the City, Franchisee shall c ertify that the conditions set forth in the foregoing clauses (i) and (ii) are satisfied and Franchisee shall provide reasonable supporting documentation, including a detailed description of the applicable self-insurance program.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City's Risk Manager, such approval may not be unreasonably withheld. The City's Risk Manager may from time to time request that Franchisee's insurer reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and agents. Upon receipt of such a request of the City's Risk Manager, Franchisee shall undertake commercially reasonable efforts to cause its insurers to institute such changes. If Franchisee is unable to cause its insurers to institute such changes, the City's Risk Manager may require that the Franchisee provide a cash deposit or procure a bond or other form of acceptable s ecurity guaranteeing payment of losses and related investigations, claim administration, and defense expenses in an amount reasonably specified by the City's Risk Manager.

SECTION 28. FAITHFUL PERFORMANCE SECURITY

On or before the effective date of this Ordinance, Franchisee shall file and thereafter at all times during the term of the Franchise shall keep on file with the City Clerk either (i) a corporate surety bond in a form approved by the City Attorney running to the City in the penal sum of two hundred thousand dollars ($200,000), with a surety licensed to do business in California, (ii) an irrevocable

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letter of credit in the amount of two hundred thousand dollars ($200,000) in a form approved by the City Attorney with the City as beneficiary, or (iii) a cash deposit in the amount of two hundred thousand dollars ($200,000) (the option selected by Franchisee hereinafter being referred to as the “Security”). The Security shall be drawable by the City if the Franchisee defaults in the performance of any material obligation hereunder and fails to cure such default within the applicable cure period, o as reasonably determined to be necessary by the City to cure such default.

If said Security is not filed prior to the effective date of this Ordinance, the award of the Franchise may be set aside, and this Ordinance may be repealed at any time prior to the filing of said Security, and any money paid in consideration for the award of the Franchise shall be deemed forfeited. In the event that said Security, after it has been so filed, shall at any time during the term of the Franchise become insufficient, in the reasonable opinion of the City Engineer, the Franchisee shall renew said Security within thirty (30) days after written notice to do so from the City Engineer.

SECTION 29. LIABILITY

The Franchisee shall be liable to the City for damage to City Property, including , but not limited to, any Street, or any other cost incurred by the City caused by Franchisee, any of the Facilities, or by any Person acting on Franchisee's behalf. Except as expressly provided herein, the Franchisee shall be held to a standard of strict liability to the City for any activity conducted pursuant to or in connection with the Franchise. The Franchisee's strict liability shall extend but not be limited to any costs, including Remediation Costs, incurred by the City to control or abate any Environmental Condition, Release of Contaminants, Remedial Work, or resulting from any activity conducted or omission by or on behalf of Franchisee pursuant to the Franchise , and in each case for which Franchisee is responsible pursuant to the provisions of this Ordinance . Franchisee agrees to and shall accept the City’s tender of defense of any claim or lawsuit to the extent resulting from or related to Franchisee’s activity conducted pursuant to this Franchise.

SECTION 30. CITY COSTS

A. Franchisee shall reimburse the City for all Actual Costs and Administrative Costs incurred by the City related to the development and approval of this Ordinance and the granting of the Franchise, which includes, but is not limited to, drafting and negotiating the Ordinance, preparing reports, statements, and studies pursuant to CEQA and any similar federal statute, or any successor statute, and for all advertising and publishing costs.

B. Franchisee shall reimburse the City for all Actual Costs and Administrative Costs incurred by the City in connection with the administration, implementation, and enforcement of this Franchise no later than thirty (30) days of the date of City's invoices.

C. The grant of this Franchise and its continued effectiveness shall be conditioned upon Franchisee's full payment of the City's Actual Costs and Administrative Costs relating therefor.

Payment of the City's Actual Costs and Administrative Costs incurred by the City in relation to the Franchise is not and will not be considered in any manner as compensation to the City for occupation of the Streets.

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SECTION 31. DAMAGE TO CITY PROPERTY

Any damage done to City Property by Franchisee in exercising any right, power, or privilege under this Franchise, or in performing any duty under or pursuant to the provisions of this Ordinance, shall be promptly repaired by Franchisee at its sole cost and expense upon learning or discovering such damage and restored to the condition it was before such damage occurred, to the satisfaction of the City Engineer. Franchisee shall promptly inform City of said property damage and proceed to implement repairs. City in its discretion may issue a written notice to repair to Franchisee. If the Franchisee, within fifteen (15) days after receipt of written notice from the City instructing it to repair such damage, shall fail to commence to comply with such instructions, or, thereafter, shall fail to diligently prosecute such wo rk to completion, then the City immediately may do work necessary to carry out said instructions at the cost and expense of the Franchisee, which cost and expense, by the acceptance of the Franchise, the Franchisee agrees to pay upon demand and receipt of reasonably acceptable supporting documentation. If such damage constitutes an immediate danger to the public health or safety requiring the immediate repair thereof, the City without notice may repair such damage , and the Franchisee agrees to pay all Actual Costs and Administrative Costs incurred.

SECTION 32. ANNUAL STATEMENT OF GROSS RECEIPTS AND FRANCHISE FEE

A. Franchise Fee Statement. Franchisee shall file with the Office of the City Clerk of the City of Fremont (with a copy sent to the City Engineer), within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of the franchise and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts of Franchisee , its successors, or assigns during the preceding calendar year or fractional calendar year from the sale of the utility service for which the franchise was granted (i.e., earned revenues for Facilities located within City public rights-of- way). The statement shall contain each of the values described in Section 32.B in a form mutually agreeable to the Parties and shall include a calculation of the Franchise Fee for the coming calendar year. Any neglect, omission, or refusal by Franchisee to file the verified statement as required herein at the times or in the manner provided constitutes grounds for the declaration of a forfeiture of the franchise and of all rights thereunder pursuant to Section 9.

B. Franchise Fee Amount. As consideration for the Franchise granted, Franchisee shall pay to the City in lawful money of the United States a franchise fee (the “Franchise Fee”) for each year of the term of the Franchise, to be calculated as follows:

Franchise Fee = 2.0% × Gross Annual Receipts Arising from Franchise where:
"Gross Annual Receipts Arising from Franchise" = R × (GPf / GPt) • "R" = Franchisee's total gross annual revenue requirement pursuant to its formula rates regulated by the Federal Energy Regulatory Commission or its successor

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• "GPf" = Franchisee's electric transmission gross plant in service located within City public rights-of-way pursuant to this Franchise
• "GPt" = Franchisee's total electric transmission gross plant in service The 2.0% Franchise Fee shall immediately be raised to 2.3% upon the City becoming a Charter City.

C. Franchise Fee Payment. Franchisee shall pay to City within fifteen (15) days after the time for filing its statement of gross receipts, in lawful money of the United States, the specified percentage of its gross receipts for the calendar year or fractional calendar year covered by the statement. Any neglect, omission, or refusal by Franchisee to pay the percentage at the times or in the manner provided constitutes grounds for the declaration of a forfeiture of the franchise and of all rights thereunder pursuant to Section 9.

C. Penalty/Late Charge. If Franchisee remits the Franchise Fee more than thirty (30) days after the date on which it is due, then there shall be immediately due as an additional payment a sum equal to 3% of the delinquent amount, and the delinquent amount shall accrue interest at 10% per annum until paid in full.

D. Publication Costs. Franchisee shall pay to the City within thirty (30) days after receiving a statement therefor, the advertising and publishing costs stated therein, including the cost of publishing this Ordinance, if necessary, incurred in connection with the granting of this Franchise.

E. No Waiver of Franchisee's Liability or Obligations. Franchisee's payment of the Franchise Fee shall not constitute a waiver or release, nor relieve the Franchisee, in whole or in part, of any of its liability under the terms of this Franchise and/or Applicable Law. Nothing contained in this Section 32 shall constitute a waiver or relinquishment by Franchisee of any of its rights or defenses under this Franchise and/or Applicable Law.

F. Records. Franchisee shall keep and preserve for a period of five (5) years subsequent to the date of the most recent Franchise Fee Statement , all the records necessary to determine the amount of such Franchise Fee, and will make the records available to the City upon request (unless otherwise protected by law).

SECTION 33. EFFECTIVE DATE

This Ordinance takes effect thirty (30) days after final passage and adoption by the City Council.

The award of this Franchise shall not take effect until Franchisee provides written acceptance to City pursuant to Section 7 of this Ordinance.

SECTION 34. TIME

Time is of the essence. Franchisee shall not be relieved of its obligation to promptly comply with any provision hereof by any failure of the City to enforce prompt compliance with the same or any other provision.

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SECTION 35. CUMULATIVE REMEDIES

No provision herein made for the purpose of securing the performance of the terms and conditions of this Franchise shall be deemed an exclusive remedy, or to afford the exclusive procedure, for the enforcement of said terms and conditions, but the remedies and procedures herein provided, in addition to those provided by Applicable Law, shall be deemed to be cumulative.

SECTION 36. AMENDMENTS

To the extent not contrary to Applicable Law and not resulting in a material deprivation of Franchisee’s rights or modification of Franchisee’s obligations under this Ordinance , the City Council may amend this Ordinance from time to time, consistent the City’s general rules applicable to electric utility franchises in the City, provided said amendment does not result in a forfeiture of the Ordinance without following the procedures set forth in Section 9.

SECTION 37. SEVERABILITY

If any part of this Ordinance or the application thereof to any Person or circumstances is for any reason held invalid by a court of competent jurisdiction, the validity of the remainder of the Ordinance or the application of such provision to other Persons or circumstances shall not be affected.

SECTION 38. SURVIV AL

Franchisee's obligations contained herein that by their nature would continue beyond the termination or expiration of this Ordinance, including, without limitation, the obligations set forth in Sections 15 (Release of Products or Contaminants), 20 (Removal or Abandonment of Facilities), 23 (Relocation/Repair), and 26 (Indemnification), shall survive termination or expiration.

SECTION 39. GOVERNING LAW AND VENUE

California law governs the construction and enforcement of this Ordinance, and any suit, claim, or legal proceeding shall be filed and heard in a court of competent jurisdiction in the County of Alameda.

SECTION 40. RECORDATION

Franchisee and its successors and/or assigns shall have the right to record this Ordinance, the granting Franchise or any Memorandum of Understanding or other agreement between them in the official records of the County of Alameda. Upon expiration or termination of the Franchise, Franchisee shall execute, acknowledge and record a quitclaim of its rights under the Franchise.

SECTION 41. PUBLICATION AND POSTING

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

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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, at least five days before the date of adoption. Within 15 days after adoption of the 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 the 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: 4-2 Franchise Ordinance Formatted (5666 : LS POWER ELECTRIC FRANCHISE) Fremont City Council Meeting: 04/07/26 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Property Acquisitions & Dispositions

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5672) DOC ID: 5672
Updated: 4/2/2026 3:28 PM by Dina Lewis Page 1
LIBERTY STREET AND SUNDALE DRIVE VACATION - Public Hearing (Published Notice) and Adoption of a Resolution to Vacate Portions of Liberty Street and Sundale Drive – PLN2026-00034; Make Findings of CEQA Exemption Contact Persons:

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

Executive Summar y: The purpose of this report is to facilitate vacating portions of Liberty Street and Sundale Drive to support development of the Capital Development project located in the Central Fremont area.

BACKGROUND: RLS (Fremont) LLC, is the property owner and developer of the 12.29 -acre site located at 3440 Walnut Avenue, commonly known as Capital Development (“Developer”). On May 1, 2025, the Planning Commission approved Vesting Tentative Tract Map No. 8718 for the project, allowing development of 336 new multi -family residential homes consisting of 216 townhome-style condominium units and a 118 -unit affordable apartment building with two manager units. As a Condition of Approval, the City required the Developer to seek vacation of portions of Liberty Street and Sundale Drive along the project frontages.

DISCUSSION/ANALYSIS: The City Council may initiate the proceedings to vacate these portions of excess right -of-way in accordance with Section 8320 of the Streets and Highways Code of the State of California.

The proposed vacations pertain to street right -of-way easements dedicated to the City. The portion of Liberty Street to be vacated was dedicated to the City as part of the requirement for construction of public street improvements associated with the approval of Parcel Map 3670, recorded on February 16, 1982. The portion of Sundale Drive to be vacated was dedicated to the City as part of the requirement for construction of public street improvements associated with the approval of Parcel Map 3020, recorded on August 29, 1979.

The development project is located in the City Center, which is becoming more urban in character, with more intense infill development and redevelopment, particularly within a half mile of BART. Streets within the City Center typically feature trees, sidewalks, benches, plazas, public art, and other amenities that make the streets pedestrian friendly. The street vacation supports the City Center land use designation in that it creates a more pedestrian friendly environment and allows for th e design of Sundale Drive to now be more consistent with streets within the City Center, such as Liberty Street, Beacon Avenue, and State Street. Staff has determined these portions of Liberty Street and Sundale Drive (the “subject street portions ”) are no longer needed as part of a public street. All concerned

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utility companies have been notified and consent to the proposed vacation and there are no requests for reservation of any public easements.

On December 4, 2025, the Planning Manager found that vacating the subject street portions conform with the General Plan as required by Streets and Highways Code Section 8313(a) of the State of California, Section 65402 of the Government Code, and Section 2.20.310(b) of the Fremont Municipal Code.

The title report indicates that the City of Fremont owns the portions of streets proposed to be vacated as street right -of-way easements. If the City Council approves the proposed vacation on April 7, 2026, no further action by the City will be required to dispose of the vacated portions of the streets.

Notice of the City Council public hearing to consider vacation of portions of Liberty Street and Sundale Drive were published in the Tri -City Voice for two consecutive weeks prior to the hearing, and signs notifying the public of the public hearing were posted along the street right -of-way to be vacated at least two consecutive weeks prior to the hearing in conformance with Streets and Highways Code Sections 8320, 8322, and 8323. No new information regarding this proposed vacation has been received since the March 10, 2026, Council meeting.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The proposed vacations are categorically exempt from environmental review, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15305, because the action is considered a minor alteration to land use limitations that does not result in any land use or density changes. Furthermore, as detailed in the May 1, 2025, Planning Commission staff report, the project, including the proposed vacations, are categorically exempt pursuant to CEQA Guidelines Section 15183 and Section 15163, as projects consistent with a Community Plan or Zoning. The project is consistent with the land use envisioned for the site as established by the General Plan and for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and none of the conditions that would require the preparation of a supplement to an EIR are present.

ATTACHMENTS:
• Exhibit A – Location Map
• Exhibit B - Plat and Legal Description
• Draft Resolution – Liberty Street and Sundale Drive Vacation

RECOMMENDATIONS:

1. Conduct a public hearing.

2. Adopt a resolution that vacates portions of Liberty Street and Sundale Drive as depicted and described in Exhibit B.

3. Make findings of CEQA exemption.

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H:\3881-000\ACAD\EXHIBITS\XB-116_EXHIBIT A-VICINITY MAP.DWG EXHIBIT AVICINITY MAP3440 WALNUT AVENUECITY OF FREMONT ALAMEDA COUNTY CALIFORNIASCALE: 1" = 2,000' DATE: DECEMBER 10, 2025 CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 SITE

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Attachment: Exhibit A – Location Map (5672 : LIBERTY STREET AND SUNDALE DRIVE VACATION)

Page 1 of 2 ends

H:\3881-000\ACAD\SURVEY\PLC\3881-000_SUNDALE DRIVE VACATION\3881-000_LG-SUNDALE DR LIBERTY ST VACATION.DOCX DECEMBER 3, 2025
JOB NO. 3881-000

EXHIBIT A

LEGAL DESCRIPTION

PUBLIC STREET VACATION

PORTIONS OF SUNDALE DRIVE AND LIBERTY STREET

REAL PROPERTY SITUATE IN THE CITY OF FREMONT, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEING A PORTION OF SUNDALE DRIVE AS DEDICATED ON PARCEL MAP NO. 3020, RECORDED AUGUST 29, 1979, FILED IN BOOK 111 OF MAPS, AT PAGE 87, IN

THE OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY, AND A PORTION OF LIBERTY STREET AS DEDICATED ON PARCEL MAP 3670, RECORDED FEBRUARY 16, 1982, FILED IN BOOK 131 OF MAPS, AT PAGE 88, IN THE OFFICE OF THE

COUNTY RECORDER OF ALAMEDA COUNTY, AND ALSO A PORTION AS DEDICATED TO THE CITY OF FREMONT IN THAT CORPORATION GRANT DEED RECORDED MAY 18, 1982, AS DOCUMENT NUMBER 82-073122, ALAMEDA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE NORTHWESTERN LINE OF SUNDALE DRIVE (84’ WIDE), SAID POINT BEING THE SOUTHERNMOST CORNER OF PARCEL 2 AS SHOWN ON SAID PARCEL MAP 3670;

THENCE, FROM SAID POINT OF BEGINNING, ALONG SAID NORTHWESTERN LINE OF SUNDALE DRIVE AND THE SOUTHWESTERN LINE OF LIBERTY STREET (84’ WIDE) THE FOLLOWING FOUR (4) COURSES:

1) NORTH 31°28'45" EAST 685.34 FEET;

2) ALONG THE ARC OF A TANGENT 40.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 88°51'09", AN ARC DISTANCE OF 62.03 FEET;

3) NORTH 57°22'24" WEST 635.57 FEET;

4) ALONG THE ARC OF A TANGENT 50.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 91°08'51", AN ARC DISTANCE OF 79.54 FEET;

THENCE, LEAVING SAID SOUTHWESTERN LINE OF LIBERTY STREET ON THE

NORTHEASTERLY PROJECTION OF THE SOUTHEASTERN LINE OF WALNUT AVENUE, NORTH 31°28'45" EAST 4.00 FEET;

THENCE, ALONG THE ARC OF A TANGENT 50.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 91°08'51", AN ARC DISTANCE OF 79.54 FEET;

THENCE, PARALLEL WITH SAID SOUTHWESTERN LINE OF LIBERTY STREET AND NORTHEASTERLY 4.00 FEET THEREFROM, SOUTH 57°22'24" EAST 645.57 FEET;

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H:\3881-000\ACAD\SURVEY\PLC\3881-000_SUNDALE DRIVE VACATION\3881-000_LG-SUNDALE DR LIBERTY ST VACATION.DOCX THENCE, ALONG THE ARC OF A TANGENT 40.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 88°51'09", AN ARC DISTANCE OF 62.03 FEET;

THENCE, PARALLEL WITH SAID NORTHWESTERN LINE OF SUNDALE DRIVE AND SOUTHEASTERLY 10.00 FEET THEREFROM, SOUTH 31°28'45" WEST 689.14 FEET;

THENCE, NORTH 58°31'15" WEST 10.00 FEET TO THE POINT OF BEGINNING.

CONTAINING 10,188 SQUARE FEET OF LAND, MORE OR LESS.

ATTACHED HERETO IS EXHIBIT B, A PLAT TO ACCOMMODATE LEGAL DESCRIPTION, AND BY THIS REFERENCE MADE A PART HEREOF.

THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE LAND SURVEYOR’S ACT.

END OF DESCRIPTION

MATHEW A. STEWARD, P.L.S.

L.S. NO. 9036

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Attachment: Exhibit B - Plat and Legal Description (5672 : LIBERTY STREET AND SUNDALE DRIVE VACATION) WALNUT AVENUELIBERTY STREETSUNDALE DRIVELESLIE STREETSHEET 1 OF 2 JOB NO. 3881-000H:\3881-000\ACAD\SURVEY\PLC\3881-000_SUNDALE DRIVE VACATION\3881_SUNDALE DRIVE VACATION_001.DWGDECEMBER 3, 2025PUBLIC STREET VACATIONPORTIONS OF SUNDALE DRIVE AND LIBERTY STREETFREMONT, ALAMEDA COUNTY, CALIFORNIAPLAT TO ACCOMPANY LEGAL DESCRIPTIONCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456EXHIBIT B

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LIBERTY STREET
WALNUT AVENUESUNDALE DRIVESHEET 2 OF 2
JOB NO. 3881-000H:\3881-000\ACAD\SURVEY\PLC\3881-000_SUNDALE DRIVE VACATION\3881_SUNDALE DRIVE VACATION_001.DWGDECEMBER 3, 2025PUBLIC STREET VACATIONPORTIONS OF SUNDALE DRIVE AND LIBERTY STREETFREMONT, ALAMEDA COUNTY, CALIFORNIAPLAT TO ACCOMPANY LEGAL DESCRIPTIONCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456EXHIBIT BLEGEND

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DRAFT

RESOLUTION NO. 20XX-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT APPROVING A GENERAL VACATION OF SURPLUS

PORTIONS OF LIBERTY STREET AND SUNDALE DRIVE IN THE
CENTRAL COMMUNITY PLAN AREA.

WHEREAS, Streets and Highways Code Sections 8320 et seq., provide for the general vacation of streets and street easements; and

WHEREAS, the City of Fremont (“City”) is considering a general vacation of portions of Liberty Street and Sundale Drive right-of-way (“Property”) as depicted on Exhibits “A and B” (Plat and Legal Description) to this Resolution; and

WHEREAS, Liberty Street was dedicated to the City with the approval of Parcel Map 3670, recorded on February 16, 1982; and Sundale Drive was dedicated to the City with the approval Parcel Map 3020, recorded on August 29, 1979; and

WHEREAS, pursuant to Section 8324 of the California Streets and Highways Code, a general vacation may be ordered by the City Council if it finds that a street, or portion thereof, is unnecessary for present or prospective public use; and

WHEREAS, the City Council has considered the information contained in the staff report dated April 7, 2026 (the “Staff Report”) submitted by the City Manager to the City Council setting forth the reasons for the general vacation of the Surplus Right-of-Way, as well as all other information presented at the public hearing.

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

SECTION 1. The City Council, based upon the Staff Report and all other information submitted, makes the following findings and determinations:

A. On May 1, 2025, the Planning Commission approved Vesting Tentative Tract Map No. 8718 for the project, allowing development of 336 new multi-family residential homes consisting of 216 townhome-style condominium units and a 118-unit affordable apartment building with 2 manager units. As a Condition of Approval, the City required the Developer to seek vacation of portions of Liberty Street and Sundale Drive along the project frontages.

B. On December 4, 2025, the Planning Manager found that vacating the subject street portions conform with the General Plan as required by Streets and Highways Code Section 8313 (a) of the State of California, Section 65402 of the Government Code, and Section 2.20.310 (b) of the Fremont Municipal Code.

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C. On March 10, 2026, the City Council scheduled this matter for April 7, 2026 hearing.

D. Notice of the City Council public hearing to consider the vacation of portions of Liberty Street and Sundale Drive was published for two consecutive weeks in the Tri-City Voice, and signs notifying the public of the public hearing were posted along the areas to be vacated and reserved at least two consecutive weeks prior to the hearing in conformance with Streets and Highways Code Sections 8320, 8322 and 8323.

E. All concerned utility companies have been notified and consented to the proposed vacation with the condition that any existing public utilities will either be relocated at the developer’s expense or remain in place with appropriate easements on the final map.

F. The portions of Liberty Street and Sundale Drive proposed for vacation are unnecessary for present or prospective public use for reasons stated in this Resolution and in the Staff Report.

G. The portions of Liberty Street and Sundale Drive proposed for vacation would not be useful as a non-motorized transportation facility because the Capital Development will relocate the sidewalks outside of the area to be vacated.

H. The vacation is categorically exempt from environmental review as a minor alteration in land use limitations pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15305. Furthermore, as detailed in the May 1, 2025 Planning Commission staff report, the project, including the proposed vacations, are categorically exempt pursuant to CEQA Guidelines Section 15183 and 15163, as projects consistent with a Community Plan or Zoning. The project is consistent with the land use envisioned for the site as established by the General Plan, for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and none of the conditions that would require the preparation of a supplement to an EIR are present.

SECTION 2. Based upon the findings made in Section 1 of this Resolution and the provisions of Section 8324 of the California Streets and Highways Code, the City Council hereby orders the vacation of the Surplus Right-of-Way as shown on Exhibits A and B.

SECTION 3. The City Clerk shall cause a certified copy of this Resolution attested under seal, including Exhibits A and B, to be recorded in the office of the County Recorder of Alameda County and return one copy each to the Planning Division of the Community Development Department and the Engineering Division of the Public Works Department for their respective files.

SECTION 4. The Surplus Right-of-Way described in Exhibits A and B will no longer constitute a public street from and after the date of recordation of this Resolution.

ADOPTED April 7, 2026, by the City Council of the City of Fremont by the following

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vote:

AYES: Click here to enter text.

NOES: Click here to enter text.

ABSENT: Click here to enter text.

ABSTAIN: Click here to enter text.

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution – Liberty Street and Sundale Drive Vacation (5672 : LIBERTY STREET AND SUNDALE DRIVE VACATION) Fremont City Council Meeting: 04/07/26 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5674) DOC ID: 5674
Updated: 4/2/2026 3:33 PM by Dina Lewis Page 1
MAYOR SALWAN REFERRAL: Appointment to Advisory Body
Contact Persons:

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

MAYOR SALWAN REFERRAL: Appointment to Advisory Body

ATTACHMENTS:
• Rent Review Board Applications

APPOINTMENT:

Advisory Body Appointee Term Expires
Rent Review Board Tony Goulart 12/31/2027
(Landlord Representative)
RECOMMENDATION: Approve appointment.

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Fremont City CouncilApril 7, 2026

Fremont City Council
April 7, 2026