Agenda packet, first session — Fremont City Council, April 14, 2026

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Raj Salwan, Mayor
Yajing Zhang, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Kathy Kimberlin, District 3
Yang Shao, District 4
Raymond Liu, District 6

City Staff

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

Kim Beranek, Community Services Director
Geneva Bosques, Communications and
Legislative Affairs Director
Arquimides Caldera, Human Services Director
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Alberto Quintanilla, City Clerk
Kelly King, Maintenance Operations Director
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Joel Pullen, Community Development Director
Sanford Taylor, Information Technology Director
Floyd Mitchell, Chief of Police
Fremont City Council Agenda and
Report
April 14, 2026

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)

2. Consent Calendar

3. Ceremonial Items

4. Public Communications

5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees

6. Other Business

7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments

8. Adjournment

Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and
information by staff followed by City Council questions and inquiries. The applicant, or their authorized
representative, or interested citizens, may then speak
on the item; each speaker may only speak once to each
item. At the close of public discussion, the item will be considered by the City Council and action taken. Items
on the agenda may be moved from the order listed.

Consent Calendar
Items on the Consent Calendar are considered to be
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
citizen so requests, in which case the item will be
removed from the Consent Calendar and considered
separately. Additionally, other items without a “Request to Speak – Speaker Card” card in opposition may be
added to the consent calendar. The City Attorney will
read the title of ordinances to be adopted.

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

Agenda and Report - Fremont City Council Meeting - April 14, 2026

April 14, 2026 Fremont City Council Page 2
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING.

The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which provides a link to the live stream; or, via Comcast Channel 27. Please note at this time, Channel 27 is only available to Comcast cable subscribers. The public may also view the meeting via Zoom, or attend in-person in the Council Chamber. The lobby doors open approximately 15 minutes prior to the start of the meeting. The public is strongly encouraged but not required to wear masks.

Attending April 13, 2026, City Council meeting online via Zoom: https://us06web.zoom.us/j/88675698543 Webinar ID: 886 7569 8543

Addressing the Council

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

How to submit Public Communications / Public Comment by email prior to the meeting:

Send an email to [email protected] before 1:00 p.m. the day of the meeting. Please identify the agenda item number/letter, and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number/letter, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit/photo, include it as a PDF formatted document in your email before the noted deadline.

Electronic comments on agenda items for the City Council meeting may only be submitted by email.

Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

How to provide Spoken Public Comment during the meeting for items on the agenda:

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

How to provide Spoken Public Comment during the meeting for items not on the agenda (Oral Communications):

Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Attend the meeting in-person in the Council Chamber and submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor may limit the time allotted for public speakers, and each speaker may only address the Council once on each agenda item.

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

Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.

Information about the City or items scheduled on the Agenda and Report may be referred to:

Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact the City Clerk’s Office at (510) 284-4060 or [email protected] at least two working days prior to the meeting for assistance.

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

April 14, 2026 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
April 14, 2026
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.

C. AUTHORIZED AGENTS FOR STATE AND FEDERAL DISASTER
ASSISTANCE – Adopt a Resolution Designating and
Authorizing City Personnel to Act on Behalf of the City of Fremont for All Matters Pertaining to State and Federal Disaster Assistance Funding
Contact Persons:

Name: Alec Tune David Persselin
Title: Emergency Services Manager Finance Director
Dept: Fire Department Finance Department
Phone: 510-494-4200 510-494-4631
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution designating the Assistant City Managers, Deputy City Manager, and Finance Director as the City of Fremont’s agents to provide required assurances and execute agreements for the purposes of obtaining financial assistance from the State of California Governor’s Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA).

April 14, 2026 Fremont City Council Page 4
D. ALAMEDA COUNTY OPERATIONAL AREA EMERGENCY
MANAGEMENT – Adopt a Resolution Approving City
Participation in the Alameda County Operational Area
Emergency Management Organization and Authorizing the City Manager to Execute the Participation Agreement
Contact Persons:

Name: Alec Tune Zoraida Diaz
Title: Emergency Services
Manager
Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution approving the City’s participation in and the Agreement for Participation in the Alameda County Operational Area Emergency Management Organization.

E. 2026 CAPE AND SLURRY SEAL PROJECT - Approval of Plans and Specifications; Award of Contract to VSS International, Inc. in the Amount of $3,705,325 (Including 5% Contingency) for the 2026 Cape and Slurry Seal Project (PWC8195-Y2); Make Findings of CEQA Exemption.

Contact Persons:

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

RECOMMENDATION: Approval of the following actions related to the 2026 Cape and Slurry Seal Project (PWC8195-Y2):

1. Approve the plans and specifications for the project.

2. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, VSS International, Inc. in the amount of $3,525,325, allocate a 5% construction contingency in the amount of $180,000 for a total construction contract amount of $3,705,325, and authorize the City Manager or designee to execute the contract.

3. Find this project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (maintenance of existing facilities).

April 14, 2026 Fremont City Council Page 5
F. ALAMEDA CTC MASTER PROGRAMS FUNDING AGREEMENT -
Approval of Master Programs Funding Agreement with
Alameda County Transportation Commission Addressing Direct Local Distributions of Revenue from Measure BB and Vehicle Registration Fee Programs; Make Findings of CEQA Exemption Contact Persons:

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

RECOMMENDATION: Approval of the following actions related to the Alameda CTC Master Programs Funding Agreement:

1. Authorize the City Manager or designee to execute the Master Programs Funding Agreement with ACTC to continue
implementation of the Measure BB and Vehicle Registration Fee programs.

2. Find that the action is exempt from CEQA review (administrative activity).

G. FREMONT CENTRAL PARK RESTROOM REPLACEMENT PROJECT
- Approval of Amendment to Construction Contract with Alex Kushner General Inc to Increase Funding in the Amount of $80,000 for the Fremont Central Park Restroom Replacements Project (PWC9089), and Finding the Actions Exempt from
CEQA.

Contact Persons:

Name: Martha Martinez Hans Larsen
Title: Facilities Project
Supervisor III
Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4750 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the Fremont Central Park Restrooms Replacement Project (PWC9089):

1. Approve $80,000 in additional funds for the Fremont Central Park Restrooms Replacement Project and authorize the City Manager or designee to amend the construction contract with Alex Kushner General, Inc. for the additional work, for a total contract amount not to exceed $1,032,200.

2. Find the action is exempt from CEQA requirements pursuant to CEQA Guideline Section 15302 (replacement of existing facilities).

April 14, 2026 Fremont City Council Page 6
H. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE

CITY OF FREMONT GRANTING AN ELECTRIC FRANCHISE TO LS

POWER GRID CALIFORNIA, LLC
RECOMMENDATION: Adopt ordinance granting franchise and
approving 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.

3. Ceremonial Items
A. Proclamation: Bay East Association of Realtors – Fair Housing Month
B. Proclamation: Muslim Appreciation Month
C. Proclamation: Mission San Jose Warriors Boys Varsity Basketball Team

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

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items - None.

6. Other Business
A. PASEO PADRE PARKWAY IMPROVEMENT PROJECT - Receive
Presentation on Street Design Alternatives and Community Outreach Process for Project to Improve Transportation
Safety, Operations, and Multimodal Access Along Paseo Padre Parkway in the Areas of Covington Drive and Olive Avenue; and Provide Input to Staff on Preferred Direction.

Contact Persons:

Name: Noe Veloso Hans Larsen
Title: Assistant City Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4774 510-494-4722
E-Mail: [email protected] [email protected]
April 14, 2026 Fremont City Council Page 7

RECOMMENDATION: Take the following actions related to the Paseo Padre Parkway Improvement Project in the areas of Covington Drive and Olive Avenue:

1. Receive presentation on street design alternatives and community outreach process.

2. Provide direction on preferred design at Covington Drive intersection (traffic signal or roundabout).

3. Provide direction on preferred design at Olive Avenue intersection (traffic signal, roundabout, or lane reduction with visibility improvement and flashing beacon at crosswalk).

4. Provide direction on number of through lanes along Paseo Padre Parkway corridor (4 lanes or 2 lanes with buffered bike lane).

5. Provide input on relative priority of funding investments for improvements along Paseo Padre Parkway compared to other Citywide transportation improvement needs.

6. Provide input on consideration of roundabouts for other City locations.

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

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

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
April 14, 2026 Fremont City Council Page 8

ACRONYMS

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

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

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

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

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

April 14, 2026 Fremont City Council Page 9

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 April 14, 2026 7:00 p.m. City Council Meeting Council Chambers Live
April 21, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
April 28, 2026 No meetings
May 4, 2026 Joint CC/FUSD Meeting City Hosts Live
May 5, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
May 12, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
May 19, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
May 26, 2026 No meetings
June 2, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
June 9, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
June 16, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
June 23, 2026 No meetings
June 30, 2026 No meetings
July 7, 2026 7:00 p.m. City Council Meeting Council
Chambers Live

Fremont City Council Meeting: 04/14/26 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5664) DOC ID: 5664
Updated: 4/10/2026 9:24 AM by Dina Lewis Page 1
AUTHORIZED AGENTS FOR STATE AND FEDERAL DISASTER ASSISTANCE – Adopt a Resolution Designating and Authorizing City Personnel to Act on Behalf of the City of Fremont for All Matters Pertaining to State and Federal Disaster Assistance Funding
Contact Persons:

Name: Alec Tune David Persselin
Title: Emergency Services Manager Finance Director
Div/Dept: Fire Department Finance Department
Phone: 510-494-4200 510-494-4631
E-Mail: [email protected] [email protected]

Executive Summary: The City of Fremont may, from time to time, apply for State and Federal disaster assistance funding from the California Governor’s Office of Emergency Services (Cal OES), as authorized by the California Disaster Assistance Act (CDAA), or when granted by Federal sources as authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended. As a condition of receiving such assistance, Cal OES regulations, pursuant to the CDAA, require the governing body of a city to pass a resolution designating and authorizing agents to act on behalf of the city for the purpose of obtaining such funding, and to renew such authorization at least once every three years.

BACKGROUND: On March 14, 2023, the City Council of the City of Fremont passed Resolution 2023-16, designating the City personnel authorized to apply for emergency financial assistance in response to declared emergencies.

Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as Amended, a public entity may apply for Federal disaster assistance, including under the Federal Emergency Management Agency (FEMA) Public Assistance program, when such assistance has been requested by the Governor and a Major Disaster or Emergency has been declared by the President of the United States. Under the California Disaster Assistance Act (CDAA), a local government may apply for CDAA disaster assistance when the Governor proclaims a State of Emergency and authorizes such assistance, or when the Director of Cal OES authorizes certain assistance.

Additionally, the CDAA provides that the State may contribute a share toward FEMA Public Assistance program funding, reducing the applicable local cost share.

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Council Staff Report (ID # 5664) Meeting of April 14, 2026 Updated: 4/10/2026 9:24 AM by Dina Lewis Page 2

The City of Fremont may occasionally be eligible to apply for other grant funding from Cal OES, including FEMA’s Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities (authorized under the Stafford Act), the FEMA Flood Mitigation Assistance Program (per Section 1366 of the National Flood Insurance Act, as Amended), National Earthquake Hazards Reduction Program (per 42 U.S. Code Sections 7704(b)(2)(A)(ix) and 7704(b)(2)(B) and the Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141.), and the California Early Earthquake Warning program (under CA Govt. Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12). Cal OES applies the designation of Authorized Agents to matters concerning these funding sources as well.

DISCUSSION/ANALYSIS: Adoption of the proposed resolution would designate certain City staff as agents to enter into agreements and to act on behalf of the City of Fremont in all matters pertaining to State and Federal disaster assistance funding, as required by Cal OES as a condition of eligibility for such funding. Generally, when Federal disaster assistance is authorized to the City of Fremont, FEMA considers Cal OES to be the grantee and the City to be the subgrantee.

Resolution 2023-16 designates the Assistant City Managers, Deputy City Manager, and Finance Director as authorized agents. The proposed resolution designates the same positions.

The City Council may adopt a new resolution designating authorized agents at any time.

FISCAL IMPACT: Adoption of the resolution will permit the City of Fremont to continue to obtain financial assistance for all open and future major disasters proclaimed by the Governor of the State of California and declared by the President of the United States.

ENVIRONMENTAL REVIEW: This action is not subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines sections 15378 because the action is an administrative governmental activity that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS:
• DRAFT Authorized Agent Resolution

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Council Staff Report (ID # 5664) Meeting of April 14, 2026 Updated: 4/10/2026 9:24 AM by Dina Lewis Page 3
• Cal OES Form OES-FPD-130

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Resolution 2026-XX Page 1 of 2

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF TH E CITY OF FREMONT

DESIGNATING AND AUTHORIZING AGENTS TO ACT ON BEHALF OF

THE CITY OF FREMONT FOR ALL MATTERS PERTAINING TO STATE

AND FEDERAL DISASTER AND EMERGENCY ASSISTANCE FUNDING

WHEREAS, the City Manager, as Director of Emergency Services, is empowered to proclaim local emergencies if the City Council is not in session or request the City Council to proclaim the existence of a local emergency if the City Council is in session, and to request the Governor proclaim a “state of emergency”, when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency; and

WHEREAS, following the proclamation of a local emergency, the City of Fremont (“City”) may, from time to time, be eligible for State and Federal disaster and emergency assistance funding as provided in (a) the California Disaster Assistance Act and (b) the Robert T.

Stafford Disaster Relief and Emergency Assistance Act, as amended; and

WHEREAS, to be eligible for such funding, the City, per the requirements of California Governor's Office of Emergency Services (Cal OES), is required to designate and authorize City personnel to act on its behalf in obtaining State and Federal disaster and emergency assistance funding and to provide the assurances and agreements required by Cal OES; and

WHEREAS, the Finance Department is designated in the City’s Emergency Operations Plan as the primary agency for the City’s Finance and Administration function, per California’s Standardized Emergency Management System, and is empowered to collect on behalf of the City all revenue to which the City is entitled; and

WHEREAS, this resolution is effective for all open and future disasters up to 3 years following the date of its approval.

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

SECTION 1. The City Council designates and authorizes the following personnel to act on behalf of the City on matters pertaining to State and Federal disaster and emergency assistance funding, including applying for and obtaining State and Federal disaster and emergency assistance funding, providing assurances and documents, and executing funding agreements required by Cal OES:

Assistant City Manager, Deputy City Manager, and Finance Director

SECTION 2. This enabling resolution is effective immediately upon passage and shall apply to all open and future disasters for a period of three years following the date of approval.

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Attachment: DRAFT Authorized Agent Resolution (5664 : AUTHORIZED AGENTS FOR STATE AND FEDERAL DISASTER ASSISTANCE) Resolution 2026-XX Page 2 of 2

ADOPTED _____________, 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 Authorized Agent Resolution (5664 : AUTHORIZED AGENTS FOR STATE AND FEDERAL DISASTER ASSISTANCE)

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of A
uthorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public ent
ity esta
blished under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM) , under
- Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under C
A Gov Code – Gov, Title 2,
Div. 1, Chapter 7, Article 5, S
ections 8587.8, 8587.11, 8587.12
That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state
disaster assistance the assurances and agreements required.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
OES-FPD-130 Rev. 10-2022 Page 1 of 4

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Attachment: Cal OES Form OES-FPD-130 (5664 : AUTHORIZED AGENTS FOR STATE AND FEDERAL DISASTER ASSISTANCE) Please check the appropriate box below
This is a universal resolution and is
effective for all open and future
disasters/grants declared up to three (3) years following the date of approval.

This is a disast
er/grant specific resolution and is effective for only
disaster/grant number(s):

Passed and approved this __day of , 20
(Name and Title of Governing Body
Representative)
(Name and Title of Governing Body
Representative)
(Name and Title of Governing Body
Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the abo ve is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-
FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 2 of 4

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Attachment: Cal OES Form OES-FPD-130 (5664 : AUTHORIZED AGENTS FOR STATE AND FEDERAL DISASTER ASSISTANCE) Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.

When completing the Cal OES F
orm 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group resp
onsible for appointing and approving the
Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity establis
hed under the laws of the
State of California.

Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized Agent: These are the individuals th
at are authorized by the Governing Body
to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.

There are two ways of completing this section:

1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It d
oes not require the Governing Body’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 3 of 4

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Attachment: Cal OES Form OES-FPD-130 (5664 : AUTHORIZED AGENTS FOR STATE AND FEDERAL DISASTER ASSISTANCE) Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.

Certification Section:

Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 4 of 4

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Attachment: Cal OES Form OES-FPD-130 (5664 : AUTHORIZED AGENTS FOR STATE AND FEDERAL DISASTER ASSISTANCE) Fremont City Council Meeting: 04/14/26 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5685) DOC ID: 5685
Updated: 4/10/2026 9:14 AM by Alberto Quintanilla Page 1 ALAMEDA COUNTY OPERATIONAL AREA EMERGENCY MANAGEMENT – Adopt a Resolution Approving City Participation in the Alameda County Operational Area Emergency Management Organization and Authorizing the City Manager to Execute the Participation Agreement
Contact Persons:

Name: Alec Tune Zoraida Diaz
Title: Emergency Services Manager Fire Chief
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

Executive Summary: This item proposes to approve and authorize the City of Fremont’s participation in the Alameda County Operational Area Emergency Management Organization by adopting a resolution approving the attached Agreement for Participation in the Alameda County Operational Area Emergency Management Organization (“Agreement”). A resolution by Council to approve the Agreement would renew the City’s participation until 2035.

State law establishes a Standardized Emergency Management System (“SEMS”) as a framework for response to emergencies which require multiple jurisdictions or agencies.

One component of SEMS is the operational area concept. Under this concept, a county is designated as an operational area and is responsible for facilitating coordination and communication between State emergency management and the emergency management organizations of political subdivisions within the county. State law delegates the authority to organize and structure an operational area to the governing bodies of a county and its political subdivisions. The Agreement re-establishes and maintains an Operational Area Emergency Management Organization for Alameda County.

BACKGROUND: Following the 1991 Oakland hills firestorm, the California Emergency Services Act (“the Act”) was amended to establish SEMS (§8607). In 2004, a National Incident Management System (NIMS) was established by Federal authorities (pursuant to Public L. 107-296), incorporating SEMS concepts. Together, SEMS and NIMS provide an integrated system for responding to emergencies in California.

The Act establishes SEMS as a framework for responding to and managing emergencies involving multiple jurisdictions or agencies. As a condition of eligibility for State and Federal Disaster Assistance, the City of Fremont is required to use SEMS in response to any such emergency. The Act specifies the Operational Area concept (§8605), designating each county as an operational area and a coordination and communications link between the State’s emergency operations centers and those of the political subdivisions within the County. The Act delegates authority for implementing an operational area structure and organization to the governing bodies of the county and its political subdivisions.

In January 1995, the Alameda County Board of Supervisors (BOS) accepted the recommendation to form a task force to implement an Operational Area in Alameda County.

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Council Staff Report (ID # 5685) Meeting of April 14, 2026 Updated: 4/10/2026 9:14 AM by Alberto Quintanilla Page 2 Since that time, the BOS has renewed the agreement by adopting similar agreements approximately every ten years. The City of Fremont first joined the agreement on June 28, 2005 (Council Resolution 2005-62) and renewed the agreement on February 6, 2018 (Council Resolution 2018-04).

On January 27, 2026, the BOS adopted the attached Agreement pursuant to the Alameda County Sheriff’s recommendation. The Sheriff’s office recommends all cities and special districts operating within Alameda County adopt the Agreement.

DISCUSSION/ANALYSIS: The Agreement establishes an Operational Area Emergency Management Organization (“Organization”) consisting of the following persons or their designees: certain County elected and appointed officials; representatives of professional associations for emergency managers, fire chiefs, and law enforcement chiefs; one city manager representative each from north, south, and east county cities; a general manager of a special district; a general manager of a regional district; the Alameda County Superintendent of Schools; and representatives of non-profit organizations and private entities who are members of certain existing emergency management organizations in Alameda County. The Organization also serves as the Alameda County disaster and civil defense council described in the County Administrative Code (§2.118 et seq.).

The Agreement provides that Alameda County Sheriff – who is the County’s Director of Emergency Services under the County Administrative Code (§2.118.100) – will serve as the “Operational Area Coordinator”. The Sheriff’s office will provide facilities and support to facilitate coordination of the Operational Area Emergency Management Organization – namely, the Alameda County emergency operations center (EOC) facility in Dublin. The Organization will facilitate coordination and information sharing among all parties to the Agreement and their representatives in such instances in which the County EOC is activated. Each party to the Agreement may send a representative to the County EOC, when it is activated, to provide liaison and assist with decision-making. SEMS provides certain conditions under which a County EOC must be activated, including when two or more cities within an Operational Area activate their EOCs.

Additionally, the Agreement specifies that the Organization will facilitate mutual aid systems used by local agencies to assist each other in a disaster by providing the resources necessary to save lives, conserve property, and meet the basic needs of the people. This includes mutual aid provided under the California Disaster and Civil Defense Master Mutual Aid Agreement of 1950, to which all 58 California counties and 481 California cities were party as of July 2024.

Finally, the Agreement provides a framework for disaster preparedness, response, recovery, and mitigation. The Organization may recommend the adoption of County emergency management plans by the BOS, and the adoption and implementation of emergency management policies and procedures.

Upon adoption of the Agreement, the City Manager is required to identify a line of succession of officials empowered to represent the City to the Organization, and to provide staff to attend training provided by the County.

The Agreement is effective upon a Council resolution to adopt it, through December 31, 2035, or until such time as Council might wish to withdraw from the Agreement. If the

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Council Staff Report (ID # 5685) Meeting of April 14, 2026 Updated: 4/10/2026 9:14 AM by Alberto Quintanilla Page 3 Council were to choose to withdraw from the agreement, staff must provide 30 days written notice to all parties.

FISCAL IMPACT: No impact.

ATTACHMENTS:
• DRAFT Resolution Approving City Participation and AlCo Operational Area Agreement • Agreement for Participation in the Alameda County Operational Area Emergency Management Organization
• California Disaster and Civil Defense Master Mutual Aid Agreement

RECOMMENDATION: Adopt a resolution approving the City’s participation in and the Agreement for Participation in the Alameda County Operational Area Emergency Management Organization.

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Resolution 2026-XX Page 1 of 2

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF TH E CITY OF
FREMONT APPROVING THE CITY ’S PARTICIPATION IN THE

ALAMEDA COUNTY OPERATIONAL AREA EMERGENCY

MANAGEMENT ORGANIZATION AND RELATED AGREEMENTS

WHEREAS, the potential for a major catastrophe due to natural or human causes requires all government entities within Alameda County to be prepared to share resources and information among themselves as well as with the State of California in order to protect public welfare; and

WHEREAS, greater efficiency in disaster preparedness, response, recovery, and mitigation can be achieved by joining the efforts of the City of Fremont (“City”), the County of Alameda, other cities, special districts, and other public benefit non-profit corporations together in pre-disaster agreements; and

WHEREAS, the California Emergency Services Act makes reference to the “operational area” and defines it as “an intermediate level of the state emergency services organization” created to perform extraordinary functions for local governments within a county area such as strengthening mutual coordination, providing a focal point and conduit for disaster information and assisting in the efficient management of resources.

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

SECTION 1. The City is authorized to participate in the Alameda County Operational Area Emergency Management Organization, and the City Manager is authorized to sign the required participation agreement that was approved by the Alameda County Board of Supervisors on January 27, 2026, and any other agreements and documents required for said participation.

SECTION 2. The City Manager is directed, in accordance with the participation agreement, to designate in writing and provide copies to the Alameda County Operational Area Emergency Management Organization, the following:

A. Three persons who will be provided training and orientation to the policies and procedures of the Operational Area Emergency Management Organization so that they may represent the City to the Operational Area Emergency Management Organization; and

B. A line of succession of City officials (minimum of three persons) who are empowered to represent the City to the Operational Area Emergency Management Organization.

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Attachment: DRAFT Resolution Approving City Participation and AlCo Operational Area Agreement (5685 : ALAMEDA COUNTY OPERATIONAL Resolution 2026-XX Page 2 of 2

ADOPTED _____________, 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 Approving City Participation and AlCo Operational Area Agreement (5685 : ALAMEDA COUNTY OPERATIONAL

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Attachment: Agreement for Participation in the Alameda County Operational Area Emergency Management Organization (5685 : ALAMEDA

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Attachment: Agreement for Participation in the Alameda County Operational Area Emergency Management Organization (5685 : ALAMEDA

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Attachment: Agreement for Participation in the Alameda County Operational Area Emergency Management Organization (5685 : ALAMEDA

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Attachment: Agreement for Participation in the Alameda County Operational Area Emergency Management Organization (5685 : ALAMEDA

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Attachment: Agreement for Participation in the Alameda County Operational Area Emergency Management Organization (5685 : ALAMEDA

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Attachment: Agreement for Participation in the Alameda County Operational Area Emergency Management Organization (5685 : ALAMEDA

10. INDEMNIFICATION AND HOLD HARMLESS
Each of the parties agree to indemnify and hold the other parties harmless and waives all claims for compensation for any loss, damage, personal injury, or death incurred in consequences of the acts or omissions of the indemnifying parties' own employees and agents in the performance of this Agreement.

It is the intent of the parties that, where negligence is determined to have been contributory, principles of comparative fault will be followed, and each party shall bear the proportionate costs of any loss, damage, expense, and liability attributable to the party's negligence.

11. SALARIES, EMPLOYMENT AND WORKERS COMPENSATION BENEFITS The salaries, employment and workers compensation benefits of each employee participating in the Operational Area Emergency Management Organization shall be the responsibility of the party employing the individual. It is understood that each party's employees have no rights, benefits, or special employment status conferred by reason of this Agreement.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS FOLLOWS:

COUNTY OF ALAMEDA,
a political subdivision of the
::•re;r;;,ro.�
DAVID HAUBERT, President
Board of Supervisors
I hereby certify under penalty of perjury that the President of the Board of Supervisors was duly authorized to e ecut this document on behalf of the County of Alameda by a majority vote of the .

Board on / 1 '.) ; and that a copy has been delivered to the President as provided by Gover ment Code section 25103.

ATTEST: BRITNEY DAVIS
Clerk, Board of Supervisors
Alameda Count , California
By�J�-'-ir--'-..........,'4-'-f----'---!�
Cler
APPROVED AS TO FORM AND CONTENT:

DONNA ZIEGLER
County Counsel
By rc;�(M��
Clay Christianson
Deputy County Counsel
Alameda County Operational Area Agreement Page 5

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Attachment: Agreement for Participation in the Alameda County Operational Area Emergency Management Organization (5685 : ALAMEDA

CALIFORNIA

DISASTER AND CIVIL DEFENSE

MASTER MUTUAL AID AGREEMENT
This agreement made and entered into by and between the STATE OF CALIFORNIA, its various departments and agencies, and the various
political subdivisions, municipal corporations,
and other public agencies of the State of California;
WITNESSETH:

WHEREAS,
it is necessary that all of the resources and facilities of the State, its various departments and agencies, and all its political
subdivisions, municipal corporations, and other
public agencies be made available to prevent and combat the effect of disasters which may result from such calamities as flood, fire, earthquake, pestilence, war, sabotage, and riot; and

WHEREAS,
it is desirable that each of the parties hereto should voluntarily aid and assist each other in the event that a disaster should occur, by the interchange of services and facilities, including, but not limited to, fire, police, medical and health, communication, and transportation services and facilities, to cope with the problems of rescue, relief, evacuation, rehabilitation, and reconstruction which would arise in the event of a disaster; and

WHEREAS,
it is necessary and desirable that a cooperative agreement be executed for the interchange of such mutual aid on a local, countywide, regional, statewide, and interstate basis;

NOW, THEREFORE, IT IS HEREBY AGREED
by and between each and all of the parties
hereto as follows:

1. Each party shall develop a plan providing for the effective mobilization of all its resources and facilities, both public and private, to cope with any type of disaster.

2. Each party agrees to furnish resources and facilities and to render services to each and every other party to this agreement to prevent and combat any type of disaster in accordance with duly adopted mutual aid operational plans, whether heretofore or hereafter adopted, detailing the method and manner by which such resources, facilities, and services are to be made available and furnished, which operational plans may include provisions for training and testing to make such mutual aid effective; provided, however, that no party shall be required to deplete unreasonably its own resources, facilities, and services in furnishing such mutual aid.

3. It is expressly understood that this agreement and the operational plans adopted pursuant thereto shall not supplant existing agreements between some of the parties hereto providing for the exchange or furnishing of certain types of facilities and services on a reimbursable, exchange, or other basis, but that the mutual aid extended under this agreement and the operational plans adopted pursuant thereto, shall be without reimbursement unless otherwise expressly 1 2.D.c
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Attachment: California Disaster and Civil Defense Master Mutual Aid Agreement (5685 : ALAMEDA COUNTY OPERATIONAL AREA

4. 5.

6. 7.
provided for by the parties to this agreement or as provided in Sections 1541, 1586, and 1587, Military and Veterans Code; and that such mutual aid is intended to be available in the event of a disaster of such magnitude that it is, or is likely to be, beyond the control of a single party and requires the combined forces of several or all of the parties to this agreement to combat.

It is expressly understood that the mutual aid extended under this agreement and the operational plans adopted pursuant thereto shall be available and furnished in all cases of local peril or emergency and in all cases in which a

STATE OF

EXTREME EMERGENCY
has been proclaimed.

It is expressly understood that any mutual aid extended under this agreement and the operational plans adopted pursuant thereto, is furnished in accordance with the “California Disaster Act” and other applicable provisions of law, and except as otherwise provided by law that: “The responsible local official in whose jurisdiction an incident requiring mutual aid has occurred shall remain in charge at such incident including the direction of such personnel and equipment provided him through the operation of such mutual aid plans.” (Section 1564, Military and Veterans Code.)
It is expressly understood that when and as the State of California enters into mutual aid agreements with other states and the Federal Government, the parties to this agreement shall abide by such mutual aid agreements in accordance with the law.

Upon approval or execution of this agreement by the parties hereto all mutual aid operational plans heretofore approved by the State Disaster Council, or its predecessors, and in effect as to some of the parties hereto, shall remain in full force and effect as to them until the same may be amended, revised, or modified.

Additional mutual aid operational plans and amendments, revisions, or modifications of existing or hereafter adopted mutual aid operational plans, shall be adopted as follows:
a.

Countywide and local mutual aid operational plans shall be developed by the parties thereto and are operative as between the parties thereto in accordance with the provisions of such operational plans. Such operational plans shall be submitted to the State Disaster Council for approval. The State Disaster Council shall notify each party to such operational plans of its approval, and shall also send copies of such operational plans to other parties to this agreement who did not participate in such operational plans and who are in the same area and affected by such operational plans. Such operational plans shall be operative as to such other parties 20 days after receipt thereof unless within that time the party by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, declines to participate in the particular operational plan. 2 2.D.c
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Attachment: California Disaster and Civil Defense Master Mutual Aid Agreement (5685 : ALAMEDA COUNTY OPERATIONAL AREA

8. b.

Statewide and regional mutual aid operational plans shall be approved by the State Disaster Council and copies thereof shall forthwith be sent to each and every party affected by such operational plans. Such operational plans shall be operative as to the parties affected thereby 20 days after receipt thereof unless within that time the party by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, declines to participate in the particular operational plan.
c.

The declination of one or more of the parties to participate in a particular operational plan or any amendment, revision or modification thereof, shall not affect the operation of this agreement and the other operational plans adopted pursuant thereto.
d.

Any party may at any time by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, decline to participate in any particular operational plan, which declination shall become effective 20 days after filing with the State Disaster Council.
e.

The State Disaster Council shall send copies of all operational plans to those state departments and agencies designated by the Governor. The Governor may, upon behalf of any department or agency, give notice that such department or agency declines to participate in a particular operational plan.
f.

The State Disaster Council, in sending copies of operational plans and other notices and information to the parties to this agreement, shall send copies to the Governor and any department or agency head designated by him; the chairman of the board of supervisors, the clerk of the board of supervisors, the County Disaster Council, and any other officer designated by a county; the mayor, the clerk of the city council, the City Disaster Council, and any other officer designated by a city; the executive head, the clerk of the governing body, or other officer of other political subdivisions and public agencies as designated by such parties.

This agreement shall become effective as to each party when approved or executed by the party, and shall remain operative and effective as between each and every party that has heretofore or hereafter approved or executed this agreement, until participation in this agreement is terminated by the party. The termination by one or more of the parties of its participation in this agreement shall not affect the operation of this agreement as between the other parties thereto. Upon approval or execution of this agreement the State Disaster Council shall send copies of all approved and existing mutual aid operational plans affecting such party which shall become operative as to such party 20 days after 3 2.D.c
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Attachment: California Disaster and Civil Defense Master Mutual Aid Agreement (5685 : ALAMEDA COUNTY OPERATIONAL AREA receipt thereof unless within that time the party by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, declines to participate in any particular operational plan. The State Disaster Council shall keep every party currently advised of who the other parties to this agreement are and whether any of them has declined to participate in any particular operational plan.

9. Approval or execution of this agreement shall be as follows:
a.

The Governor shall execute a copy of this agreement on behalf of the State of California and the various departments and agencies thereof. Upon execution by the Governor a signed copy shall forthwith be filed with the State Disaster Council.
b.

Counties, cities, and other political subdivisions and public agencies having a legislative or governing body shall by resolution approve and agree to abide by this agreement, which may be designated as “CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER MUTUAL
AID AGREEMENT.”
Upon adoption of such a resolution, a certified copy
thereof shall forthwith be filed with the State Disaster Council. c.

The executive head of those political subdivisions and public agencies having no legislative or governing body shall execute a copy of this agreement and forthwith file a signed copy with the State Disaster Council.

10. Termination of participation in this agreement may be effected by any party as follows:
a.

The Governor on behalf of the State and its various departments and agencies, and the executive head of those political subdivisions and public agencies having no legislative or governing body, shall file a written notice of termination of participation in this agreement with the State Disaster Council and this agreement is terminated as to such party 20 days after the filing of such notice.
b.

Counties, cities, and other political subdivisions and public agencies having a legislative or governing body shall by resolution give notice of termination of participation in this agreement and file a certified copy of such resolution with the State Disaster Council, and this agreement is terminated as to such party 20 days after the filing of such resolution.

IN WITNESS WHEREOF
this agreement has been executed and approved and is effective and operative as to each of the parties as herein provided. 4 2.D.c
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Attachment: California Disaster and Civil Defense Master Mutual Aid Agreement (5685 : ALAMEDA COUNTY OPERATIONAL AREA Signed by: EARL WARREN

GOVERNOR
On behalf of the State of California and all its
Departments and Agencies
ATTEST:

November 15, 1950
Signed by: FRANK M. JORDAN

S E C R E T A R Y O F S T A T E
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Attachment: California Disaster and Civil Defense Master Mutual Aid Agreement (5685 : ALAMEDA COUNTY OPERATIONAL AREA Note:

There are references in the foregoing agreement to
the California Disaster Act, State Disaster
Council, and various sections of the Military and Veterans Code. Effective Novemb er 23, 1970,
by enactment of Chapter 1454, Statutes 1970, the California Disaster Act (Sections 1500 ff., Military and Veterans Code) was superseded by the California Emergency Services Act (Sections 8550 ff., Government Code), and the State Disaster Council was superseded by the California Emergency Council.

Section 8668 of the California Emergency Services Act provides:
(a) Any disaster council previously accredited, th
e State Civil Defense and Disaster Plan, the
State Em
ergency Resources Managem
ent Plan,
the State Fire Disaster Plan, the State
Law Enforcement Mutual Aid Plan, all previ
ously approved civil defense and disaster
plans, all mutual aid agreements, and all documents and agreements existing as of the effective date of this chapter, shall remain in full force and effect until revised, amended, or revoked in accordance with the provisions of this chapter.

In addition, Section 8561 of the new act specifically provides:
"Master Mutual Aid Agreement" means the California Disaster and Civil Defense Master Mutual Aid Agreem
ent, m
ade and entered into by and between the State of California, its various departments and agencies, and the various political subdivisions of the state, to facilitate implementation of the purposes of this chapter.

Substantially the same provisions as previously contained in Section 1541, 1564, 1586 and 1587 of the Military and Veterans Code, referred to in the foregoing agreement, are now contained in Sections 8633, 8618, 8652 and 8643, respectively, of the Governm ent
Code.
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Attachment: California Disaster and Civil Defense Master Mutual Aid Agreement (5685 : ALAMEDA COUNTY OPERATIONAL AREA Fremont City Council Meeting: 04/14/26 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5688) DOC ID: 5688
Updated: 4/10/2026 9:17 AM by Alberto Quintanilla Page 1 2026 CAPE AND SLURRY SEAL PROJECT - Approval of Plans and Specifications; Award of Contract to VSS International, Inc. in the Amount of $3,705,325 (Including 5% Contingency) for the 2026 Cape and Slurry Seal Project (PWC8195- Y2); Make Findings of CEQA Exemption.

Contact Persons:

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

Executive Summary: The purpose of this report is to initiate a project to perform pavement preventive maintenance work at various locations citywide, consisting of 94 street segments and totaling 14 miles in length.

BACKGROUND: The City’s Public Works and Maintenance Operations departments jointly monitor the pavement condition of all streets and annually perform three types of pavement treatments:
• Pothole Repairs – Treatment includes the patching of holes in the pavement to address immediate safety concerns. Work is performed as needed by City Maintenance staff. Community requests for pothole repairs can be implemented most efficiently by using the “Fremont App”.
• Preventive Maintenance Treatments – Treatments include cape seals, slurry seals, and crack seals, which involve the application of sealant materials over pavements to extend the pavement life at a relatively low cost. City Public Works staff annually implements construction contracts for preventative pavement maintenance. • Rehabilitation Treatments – Treatments include pavement overlays and pavement dig-out repairs, which involve the replacement of all or portions of pavements at a relatively high cost. Rehabilitation treatments are typically implemented near the end of the pavement’s useful life. City Public Works staff annually implements construction contracts for pavement rehabilitation.

The City’s Public Works staff uses a computerized pavement management system and street inspections to monitor the condition and guide the improvement of the City’s paved street system, which includes over 500 miles of streets.

The City has allocated resources towards the more economical preventive maintenance treatments in order to address the needs of a larger number of City’s streets. The preventive maintenance treatments cannot address every defect that may exist on a particular street segment, but they do improve and extend the life of the pavement before having to resort to more costly rehabilitation work.

DISCUSSION/ANALYSIS:

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Council Staff Report (ID # 5688) Meeting of April 14, 2026 Updated: 4/10/2026 9:17 AM by Alberto Quintanilla Page 2 Pavement Preventive Maintenance Project: This project will perform preventive maintenance in the form of cape and slurry seal treatments to 94 street segments, consisting of approximately 14 centerline miles of roadway and covering 2.8 million square feet of pavement surface. The pavement area covered equates to approximately 3% of the entire street network.

Bid Results: Bids were received on March 17, 2026. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $4,300,000.

Bidder Bid Amount

1. VSS International, Inc. $ 3,525,325.00

2. American Pavement Systems, Inc. $ 3,535,892.45

3. Pavement Coatings, Inc. $ 3,697,650.79

VSS International, Inc. submitted a responsive bid and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has satisfactorily completed contracts of similar nature with the City and other nearby local agencies.

The project’s total costs and funding are summarized in the table below:

Project Costs and Funding:

Estimated Project Costs:

Construction Contract - Low Bid $3,525,325
Construction Contract Contingency 180,000
Construction Inspection and Administration 530,000
Construction Materials Testing 20,000
Project Contingency 350,000
TOTAL ESTIMATED PROJECT COSTS $4,605,325

Source of Funding:

PWC8195-515 ACTC Measure BB Local Streets $3,700,000
PWC8234-134 SB1 RMRA State Gas Tax 2103 2,200,000 *
TOTAL FUNDS AVAILABLE $5,900,000

* Amount adjusted to account for 2026 Pavement Rehabilitation Project construction contract cost referenced in the 4/7/26 Council Agenda. Of the $6.5 million available in this fund, $4.3 million is planned to be used for the Pavement Rehabilitation construction project, leaving $2.2 million available for this Cape and Slurry Seal project.

Based on the contract amount and project cost estimates, there are sufficient funds budgeted for this project. Any remaining local and state funds not used for this project will be used for subsequent pavement projects.

Safe and Complete Streets: This project will implement complete streets improvements that are intended to help reduce vehicle speeds and provide safer pedestrian and bike infrastructure. The roadway improvements include narrower vehicular lanes, buffered bike lanes, enhanced crosswalks, bulb out treatments at intersections, and other improvements in conformance to current design practices for safe and complete streets. It is noted that the street design changes do not result in the removal of existing travel lanes, right-turn lanes, or on-street parking spaces. These modifications are included in select arterial,

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Council Staff Report (ID # 5688) Meeting of April 14, 2026 Updated: 4/10/2026 9:17 AM by Alberto Quintanilla Page 3 collector, and residential streets. The major arterial streets and the few notable collector streets where these modifications are planned include the following:

1. Paseo Padre Parkway from South Grimmer Boulevard to Mission Boulevard

2. Paseo Padre Parkway from Sundance Drive to Curtner Road

3. Warm Springs Boulevard from Brown Road to Warren Avenue

4. West Warren Avenue from Fremont Boulevard to Landing Parkway

5. Lakeview Boulevard from Gateway Boulevard to Fremont Boulevard

6. Scott Creek Road from Warm Springs Boulevard to Zinfandel Street

Traffic Control: Due to the size and scope of this project, City residents and the traveling public will experience some inconvenience during construction. To minimize exposure of vehicles to the work, staff and the contractor will need to limit access and use of the roadways during construction. Individual traffic lanes and, if necessary, the entire width of the street will be closed to traffic briefly in order to perform the pavement work. To mitigate the impact of traffic delays on the public, any lane or street closures will only be allowed during specified hours outside of the morning and evening peak commute hours. The contractor is required to prepare traffic control plans. City staff will review and approve all traffic control plans prior to construction and will monitor traffic control work during construction to minimize the impact to the public. Nearby businesses and residences will also receive notices informing them of the work and any parking restrictions that may be implemented. The contractor will be required to post signs for parking restrictions on project streets no less than 72 hours before the start of work. For locations near schools the contractor will be required to perform the work when school is either not in session or during periods outside of the peak hours when the school pick up or drop off is occurring.

FISCAL IMPACT: The pavement preventive maintenance work along with the safe and complete streets elements are funded by two funding sources: 1) Pavement Maintenance account (PWC8195) and 2) Pavement Rehabilitation account (PWC8234). Funding was appropriated for these purposes through the Capital Improvement Program.

ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently exists.

LINKS:

Project Plans:
https://www.fremont.gov/home/showdocument?id=19988&t=639092671870131231

Project Specifications:
https://www.fremont.gov/home/showdocument?id=19990&t=639092671914350192

ATTACHMENTS:
• Project Map
• Project Street List

RECOMMENDATION: Approval of the following actions related to the 2026 Cape and Slurry Seal Project (PWC8195-Y2):

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Council Staff Report (ID # 5688) Meeting of April 14, 2026 Updated: 4/10/2026 9:17 AM by Alberto Quintanilla Page 4

1. Approve the plans and specifications for the project.

3. Find this project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (maintenance of existing facilities).

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I-880

ALVARADO-NILES RD

PASEO PADRE PKWY

FREMONT BLVD

DECOTO RD
SR 84

THORNTON AVE

MISSION BLVD
(SR 238)

NILES BLVD

PERALTABLVD

MOWRY AVE
I-880

BLACOW RD

STEVENSON
BLVD

FREMONT BLVD

MOWRY AVE

PASEO PADRE PKWY

STEVENSON BLVD

MISSION BLVD
(HWY 238)

WASHINGTON BLVD

PASEO PADRE
PKWY

MISSION BLVD

DURHAMRD
I-880

FREMONT BLVD

MISSION
BLVD
(SR 262)
E. WARREN AVE
I-880

WARM SPRINGS BLVD
I-680
I-680

ALVARADO BLVD

BOYCE RD

CUSHING PKWY
W. WARREN
AVE

SCOTT CREEK

OSGOOD RD

DRISCOLL RD

WARM SPRINGS BLVD
S. GRIMMER BLVD

BLACOW RD

PASEO PADRE PKWY

LOWRY RD

ARDENWOOD BLVD

CENTRAL AVE

NILES CANYON RD
(SR 84)

AUTO MALL PKWY
9 11
8 10
13 12
14 16
15 17
18 19
101
102
105
106
108
109
110 111
112
113 114
115
116
117
118
119 120
122
123 124
125
126
127
128
129
130
131
132
133
134
135
136
137 138
139
140
141
142
143

GRIMMER BLVD
144
146
147
148149
152
153
154
155
156
157
158
159
160
162
161
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
183
184
185
186 187
188
189
190
191
RD
107
( IN FEET )

GRAPHIC SCALE
02,000 1,000 2,000 4,000
DATENo. APPDREVISION 2026 CAPE & SLURRY SEAL PROJECT AS SHOWN 77 PWC 8195-Y2
-

JA / JB / LM

JA / JB / LM
EN
FEB 2026
BY DRAWING:SCALE:
0 1"
NOTE: VERIFY SCALE.

BAR IS ONE INCH ON
ORIGINAL DRAWING.

ADJUST SCALES

ACCORDINGLY IF BAR
IS NOT ONE INCH.

RECOMMENDED -- PROJECT MANAGER DATE

PUBLIC WORKS DEPARTMENT
CITY PROJECT:

FEDERAL PROJECT:

DRAWN BY:

CHECKED BY:

DATE:

SHEET OF

C I T Y O F
Fremont
2 / 19 / 2026

KEY MAP
G3
3 COLLECTOR & RESIDENTIAL CAPE SEAL STREETS

COLLECTOR & RESIDENTIAL SLURRY SEAL STREETS
LEGEND
2026 CAPE & SLURRY

SEAL PROJECT
CITY PROJECT NO. PWC 8195-Y2

CITY OF FREMONT

ALAMEDA COUNTY, CALIFORNIA
#
#
ARTERIAL SLURRY SEAL STREETS#

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Packet Pg. 41
Attachment: Project Map (5688 : 2026 CAPE AND SLURRY SEAL PROJECT) 2026 Cape and Slurry Seal Project
8195-Y2
Street List
No. Road Name Begin Location End Location FC Lanes Length Width Cul Area-Cape Area-Slurry Notes Trim Major Arterial Streets
1 (not used)
2 (not used)
3 (not used)
4 (not used)
5 (not used)
6 (not used)
7 (not used)
8 PASEO PADRE PARKWAY N/B SODAVILLE DR SOUTH GRIMMER BLVD A 1 2,046 30 0 - 64,386 Sch 7 9 PASEO PADRE PARKWAY N/B MISSION BLVD SODAVILLE DR A 2 1,937 30 0 - 60,956 - - 10 PASEO PADRE PARKWAY S/B SOUTH GRIMMER BLVD SODAVILLE DR A 1 2,046 30 0 - 64,386 Sch - 11 PASEO PADRE PARKWAY S/B SODAVILLE DR MISSION BLVD A 2 1,937 31 0 - 62,988 - - 12 PASEO PADRE PARKWAY N/B CURTNER RD SUNDANCE DR A 2 1,149 31 0 - 45,719 - - 13 PASEO PADRE PARKWAY S/B SUNDANCE DR CURTNER RD A 2 1,088 31 0 - 41,431 - - 14 WARM SPRINGS BLVD BROWN RD MISSION BLVD A 4 1,528 85 0 - 154,071 P - 15 WARM SPRINGS BLVD N/B WARREN AVE MISSION A 2 1,163 45 0 - 49,406 P - 16 WARM SPRINGS BLVD S/B MISSION BLVD WARREN AVE A 2 1,110 32 0 - 33,532 P - 17 WEST WARREN AVE FREMONT BLVD LANDING PKWY A 4 1,072 66 0 - 78,600 W - 18 LAKEVIEW BLVD FREMONT BLVD GATEWAY BLVD A 2 5,237 41 0 - 173,610 W - 19 SCOTT CREEK RD WARM SPRINGS BLVD STATE 680 ROW A 4 2,223 81 0 - 146,425 P - SUBTOTAL: 22,536 LF 0 975,510 SF
4 MI 0 108,390 SY
Minor Arterial, Collector, and Residential Streets
101 LAKE LOUISE ST GRAND LAKE DR SALTON SEA LN R 2 550 33 0 18,150 - - 4 102 SALTON SEA LN GRAND LAKE DR LAKE LOUISE ST R 2 740 33 0 24,420 - - 3 103 (not used)
104 (not used)
105 SEDGE ST FALCON DR FALCON DR R 2 1,671 33 0 55,143 - - 7 106 LENNOX CT DONALBAIN CIR END R 2 137 29 1 6,797 - - - 107 (not used)
107 CAPULET CIR MONTAGUE AVE (SOUTH END) JULIET CIR (SOUTH END) R 2 1,248 26 0 40,085 - - 25 108 BRIGGS CT CORNISH DR END R 2 331 33 1 13,039 - - -
109 SANTEE RD/CT SNAKE RIVER RD END C 2 1,147 37 1 42,203 - - - 110 TIBURON DR OZARK RIVER WAY END R 2 607 37 1 24,667 - - 1 111 RIBERA ST GIBRALTAR DR END R 2 914 33 0 32,678 - Sch - 112 DALI ST GIBRALTAR DR END R 2 938 33 1 30,954 - Sch 1 1 2/19/26

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Packet Pg. 42
Attachment: Project Street List (5688 : 2026 CAPE AND SLURRY SEAL PROJECT) 2026 Cape and Slurry Seal Project
8195-Y2
Street List
No. Road Name Begin Location End Location FC Lanes Length Width Cul Area-Cape Area-Slurry Notes Trim 113 VIOLA CT BIANCA DR END R 2 206 29 1 8,798 - - -
114 LA MESA CT SAN PEDRO DR END R 2 479 29 1 13,891 - - - 115 BOSWORTH CT ALDER AVE END R 2 228 29 1 9,891 - - -
116 BONITO DR BALBOA WAY END R 2 267 29 0 9,103 - - -
117 DANTE PL TAMAYO ST BOTH ENDS R 2 912 29 1 32,096 - - - 118 MORAINE ST TURNER CT THORNTON AVE C 2 391 37 0 16,171 - - - 119 LASSEN ST ALAMEDA DR END R 2 668 33 1 22,244 - Sch 2 120 WILLOWOOD DR CENTRAL AVE DEADWOOD DR R 2 970 34 0 32,810 - - - 121 (not used)
122 ARLENE CT PERALTA AVE END R 2 502 29 1 16,044 - - - 123 ARGYLE RD CENTRAL AVE LOMBARD RD R 2 980 37 0 36,260 - - - 124 DORSEY CT DORSEY AVE END R 2 162 29 1 6,121 - - -
125 GARLAND DR KIMBRO ST ARGONAUT DR C 2 252 33 0 7,289 - - - 126 ELLIOT ST & CT EVANS AVE DOWLING AVE R 2 848 29 0 26,080 - - 3 127 NORRIS RD GLENMOOR DR LOGAN DR R 2 673 34 0 22,882 - - - 128 EGGERS DR LOGAN DR GLENMOOR DR C 2 798 40 0 28,699 - Sch 2 129 JUDIE WAY GERTRUDE DR MILDRED DR R 2 840 33 0 27,720 - - 4 130 LECOUNT WAY GERTRUDE DR MILDRED DR R 2 824 30 0 24,696 - - 1 131 ALTA DR KEYSTONE DR EGGERS DR R 2 1,941 34 0 64,853 - - - 132 THOMPSON CT YOSEMITE WAY END R 2 120 33 1 6,476 - - - 133 HANCOCK PL WOLCOTT DR END R 2 840 33 1 30,638 - - - 134 LINCOLN ST CHAPEL WAY UNION ST R 2 1,107 37 0 40,959 - - 9 135 LINCOLN ST MAIN ST UNION ST R 2 432 29 0 12,928 - - 1 136 FOSTER ST EUGENE ST BULLARD ST R 2 641 29 0 18,989 - - 3 137 HEDGEWICK AVE SUNDALE DR ROBIN ST R 2 921 33 0 30,393 - - 2 138 WADSWORTH CT SUNDALE DR END R 2 457 29 1 16,077 - - - 139 HUTTON CT HUTTON ST END R 2 158 29 1 7,402 - - -
140 ROYCROFT way BLACOW ROAD FRONTAGE OMAR ST R 2 919 34 0 31,127 - - - 141 CUMBERLAND PARK CT EVERGLADES PARK DR END R 2 113 29 1 6,101 - - - 142 RAVENSBOURNE PARK DR EVERGLADES PARK DR ISLE ROYAL ST R 2 1,153 36 0 41,310 - - 1 143 SENECA PARK LOOP ISLE ROYAL ST ISLE ROYAL ST R 2 1,416 33 0 47,386 - - 2 144 REGENTS PARK LN ISLE ROYAL ST ISLE ROYAL ST R 2 1,322 37 0 49,225 - - - 145 (not used)
146 WOODCREST CT WEST END WOODCREST DR END R 2 107 29 1 5,927 - - - 147 BRANTWOOD CT MICHAEL AVE END R 2 153 29 1 5,798 - - - 148 ROBERTS AVE DELAWARE DR BLACOW RD R 2 1,720 39 0 67,314 - Sch - 149 VIVIAN PL GRAU DR BOTH ENDS R 2 473 33 1 23,045 - - 1 2 2/19/26

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Packet Pg. 43
Attachment: Project Street List (5688 : 2026 CAPE AND SLURRY SEAL PROJECT) 2026 Cape and Slurry Seal Project
8195-Y2
Street List
No. Road Name Begin Location End Location FC Lanes Length Width Cul Area-Cape Area-Slurry Notes Trim 150 (not used)
151 (not used)
152 VALLEJO ST NILES BLVD BOTH ENDS R 2 815 33 0 26,895 - - - 153 ARCHER AVE BISHOP AVE END R 2 1,077 33 0 37,480 - - 2 154 ARCHER CT ARCHER AVE END R 2 214 33 1 9,578 - - 1
155 HARDY PL ROBERT FISHER DR END R 2 490 29 1 14,210 - - 2 156 KRUGER AVE SHINN ST ROBERT FISHER DR R 2 526 33 0 17,358 - - 3 157 CAMBRIDGE CT PERALTA BL END R 2 608 33 1 23,075 - - - 158 LITCHFIELD CIR LITCHFIELD AVE LITCHFIELD AVE R 2 1,237 33 0 41,021 - - - 159 SPETTI DR OVERACKER DR CHAPMAN CT C 2 650 37 0 24,050 - - - 160 FILTON CT CANYON HEIGHTS DR END R 2 124 29 1 5,019 - - - 161 MAAR AVE ALTURA ST CANYON HEIGHTS DR R 2 483 37 0 17,850 - - 2 162 MAAR AVE CANYON HEIGHTS DR END R 2 288 29 1 10,680 - - - 163 (not used)
164 (not used)
165 CANYON HEIGHTS DR MACKINTOSH ST EAST LAS PALMAS AVE C 2 2,076 37 0 74,651 - - 7 166 LORO PL IMPERIO AVE END R 2 463 33 1 17,795 - - 1
167 CLARA CT CANYON HEIGHTS DR END R 2 345 29 1 13,724 - - 5 168 VAQUERO CT MISSION CIELO AVE END R 2 270 29 1 11,150 - - - 169 BANDERA ST ONDINA DR JACARANDA DR R 2 236 33 0 8,588 - - 1 170 FERREIRA PL JACARANDA DR END R 2 337 33 0 11,121 - - - 171 MINO WAY ORO DR MARABU WAY R 2 534 33 0 18,422 - - - 172 CORTE SANTA BARBARA CAMINO SANTA BARBARA END R 2 288 29 1 10,976 - Sch 3 173 VIA SAN CARLOS CAMINO SANTA BARBARA VIA SAN DIMAS R 2 1,224 34 0 41,192 - - 4 174 VIA SAN MIGUEL PALM AVE CAMINO SANTA BARBARA R 2 835 38 0 31,730 - Sch 8 175 VIA SAN LUIS REY CAMINO SANTA BARBARA CAMINO SANTA BARBARA R 2 1,013 34 0 34,229 - - 1 176 PLUMLEIGH DR JOYCE AVE APRICOT LN R 2 207 29 0 6,003 - - - 177 CORTE DE ORINDA LUZON DR END R 2 281 37 1 12,816 - - 1 178 GLENHILL DR GALLEGOS AVE 121 FT W/O GALLEGOS AVE R 2 125 33 0 4,125 - - - 179 MANZANITA ST/CT SOUTH GRIMMER BLVD END R 2 517 34 1 19,966 - - 1 180 Onondaga Pl & Ct ONANDAGA DR BOTH ENDS R 2 428 29 0 18,060 - - 1 181 ARIKARA CT ONONDAGA DR END R 2 193 29 1 5,597 - - - 182 (not used)
183 CAYUGA CT CAYUGA PL END R 2 210 29 1 9,941 - - -
184 PACKARD CT WEST HUNTER LN END R 2 180 29 1 8,044 - - - 185 CAVISSON CT MARTINGALE DR END R 2 495 29 1 17,179 - - 1 186 PONTIAC WAY FERNALD WAY WARM SPRINGS BLVD R 2 1,054 33 0 36,316 - Sch 2 3 2/19/26

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Packet Pg. 44
Attachment: Project Street List (5688 : 2026 CAPE AND SLURRY SEAL PROJECT) 2026 Cape and Slurry Seal Project
8195-Y2
Street List
No. Road Name Begin Location End Location FC Lanes Length Width Cul Area-Cape Area-Slurry Notes Trim 187 ADDISON CT LIPPERT AVE END R 2 219 29 1 8,771 - Sch - 188 ZUNIC DR PAPAGO ST GABLE DR R 2 737 37 0 27,269 - - 6 189 SYLVANER WAY CHENIN BLANC DR CABERNET WAY R 2 387 33 0 12,771 - - - 190 PAGOSA CT PAGOSA WAY END R 2 171 29 1 7,782 - - -
191 HANNOVER PL SOUTH GRIMMER BLVD END C 2 732 41 1 37,872 - W - SUBTOTAL: 52,345 LF 1,868,185 0 SF 131
10 MI 207,576 0 SY
PROJECT TOTAL: 74,881 LF 1,868,185 975,510 SF
14 MI 207,576 108,390 SY
Abbreviations:

C Cape Seal
S Slurry Seal/Micro Seal
FC Functional Class (A=Arterial, C=Collector, R=Residential, RL=Rural Residential) Cul Cul de Sac (1=yes, 0=no)
Sch Street segment located within 500 feet of school
P Street segment has permit requirements
W Weekend Work Only
4 2/19/26

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Attachment: Project Street List (5688 : 2026 CAPE AND SLURRY SEAL PROJECT) Fremont City Council Meeting: 04/14/26 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5687) DOC ID: 5687
Updated: 4/10/2026 9:15 AM by Alberto Quintanilla Page 1 ALAMEDA CTC MASTER PROGRAMS FUNDING AGREEMENT - Approval of Master Programs Funding Agreement with Alameda County Transportation Commission Addressing Direct Local Distributions of Revenue from Measure BB and Vehicle Registration Fee Programs; Make Findings of CEQA Exemption Contact Persons:

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

Executive Summary: The purpose of this report is to execute a new Master Programs Funding Agreement (MPFA) with the Alameda County Transportation Commission (ACTC) to allow for continued receipt of funds used annually for pavement maintenance, pedestrian and bicycle safety, and paratransit services.

BACKGROUND: ACTC administers two countywide transportation revenue programs:
• Measure BB, a 1-cent sales tax approved by voters in 2014, and • Measure F, a $10 per year vehicle registration fee (VRF) approved by voters in 2010.

These programs include direct funding allocations to cities for local efforts related to pavement maintenance, bicycle and pedestrian infrastructure, and paratransit services.

To facilitate the allocation of ACTC administered funds and establish expenditure requirements, ACTC requires the execution of an MPFA. In addition, the City is required to execute project-specific funding agreements as ACTC funds are awarded for project implementation.

The current ACTC MPFA was executed by the City in 2016 and is set to expire on June 30, 2026. The execution of the new MPFA will ensure continued and uninterrupted distribution of ACTC administered funds. The new MPFA will be effective July 1, 2026, through June 30, 2036.

DISCUSSION/ANALYSIS: With the exception of a few updated performance metrics for the Measure BB program and the removal of reference to the Measure B program (which expired in 2022), the requirements stated in the new MPFA remain largely unchanged. The execution of the new MPFA will allow for continued allocation of Measure BB direct local distribution (DLD) funds, as well as potential receipt of other ACTC administered funds through their biannual competitive funding opportunities.

Currently, Measure BB DLD and VRF funds are utilized to annually fund City programs related to: pavement maintenance ($5.9 million), bikeway improvements ($840,000), pedestrian crossing enhancements ($840,000), traffic safety education ($250,000), and various paratransit services ($1.4 million).

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Council Staff Report (ID # 5687) Meeting of April 14, 2026 Updated: 4/10/2026 9:15 AM by Alberto Quintanilla Page 2

It is noted that other active capital improvement projects where the City has obtained grants of Measure BB funds include the Centerville Complete Street Project (under construction), Walnut Avenue Bikeway Phase 2 Project (under construction), Fremont Boulevard Complete Street Project: Country to Grimmer Project (under design), I- 880/Decoto Interchange Modernization Project (under design), I-680/Mission Boulevard Interchange Modernization Project (under design), Irvington BART Station (under design), I- 880/Innovation Bridge Project (under design), East Bay Greenway Trail: Irvington to Fremont Downtown (under design), Centerville Rail Crossing Safety Improvement and Quiet Zone Project (under design), and S. Grimmer Boulevard/Warm Springs Intersection Improvement Project (under design).

FISCAL IMPACT: The City receives approximately $9 million to $10 million per year from ACTC administered Measure BB DLD and VRF funds for various pavement maintenance, bike/pedestrian safety, and paratransit programs. Execution of the new MPFA will facilitate the on-going allocation of these funds.

ENVIRONMENTAL REVIEW: The recommended actions are exempt from the California Environmental Quality Act (CEQA) because they are an administrative fiscal activity and not projects pursuant to CEQA Guidelines section 15378.

ATTACHMENTS:
• Draft Alameda CTC Master Programs Funding Agreement

RECOMMENDATION: Approval of the following actions related to the Alameda CTC Master Programs Funding Agreement:

1. Authorize the City Manager or designee to execute the Master Programs Funding Agreement with ACTC to continue implementation of the Measure BB and Vehicle Registration Fee programs.

2. Find that the action is exempt from CEQA review (administrative activity).

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Alameda CTC Agreement No. A26-00XX

Page 1 of 9 ends

2026 MPFA

MEASURE BB / VEHICLE REGISTRATION FEE

MASTER PROGRAMS FUNDING AGREEMENT
between the

ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the

CITY OF FREMONT

This Measure BB / Vehicle Registration Fee Master Programs Funding Agreement (“AGREEMENT”), effective the 1st of July 1, 2026, is entered into by and between the Alameda County Transportation Commission (“ALAMEDA CTC”) and the City of Fremont (“RECIPIENT”).

RECITALS

A. On November 2, 2010, the voters of Alameda County approved Measure F, the Vehicle Registration Fee (“VRF”) Program, pursuant to Section 65089.20 of the Government Code, thereby authorizing the Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on each annual motor-vehicle registration or renewal of registration in Alameda County, starting in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.

B. Funds raised by the VRF will be used exclusively for local transportation purposes in Alameda County that have a relationship or benefit to the owners of motor vehicles paying the VRF, including projects and programs identified in the expenditure plan approved by the voters as part of Measure F (the “VRF Expenditure Plan”).

C. On June 24, 2010, the Alameda County Transportation Improvement Authority (“ACTIA”) and ACCMA took the final actions to create ALAMEDA CTC, a joint powers authority, with all of ACTIA and ACCMA’s functions and responsibilities. Pursuant to resolutions adopted by the ACCMA and ACTIA Boards and the governing body of the ALAMEDA CTC (COMMISSION”), ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC, including duties related to the VRF Program.

D. On November 4, 2014, the voters of Alameda County, pursuant to the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB, thereby authorizing ALAMEDA CTC to administer the proceeds from a one-half of one percent transaction and use tax applicable from April 1, 2015 through March 31, 2022, and a full one percent tax applicable from April 1, 2022 through March 31, 2045. The tax proceeds will be used to pay for the investments outlined in Alameda County’s 30-Year Transportation Expenditure Plan (“Measure BB Expenditure Plan”), as it may be amended.

E. This AGREEMENT delineates the requirements of the Measure BB and VRF Direct Local Distribution (“DLD”) funds that are directly allocated to local jurisdictions and transit operators, as

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Attachment: Draft Alameda CTC Master Programs Funding Agreement (5687 : ALAMEDA CTC MASTER PROGRAMS FUNDING AGREEMENT) Alameda CTC Agreement No. A26-00XX

Page 2 of 9 ends

2026 MPFA
authorized by the VRF Expenditure Plan, and the Measure BB Expenditure Plan. Discretionary funds identified in these expenditure plans are not the subject of this AGREEMENT, and RECIPIENT will be required to enter into a separate agreement for those funds.

F. The parties to this AGREEMENT previously entered into a Master Programs Funding Agreement applicable to DLD funds distributed by ALAMEDA CTC, which expires as of June 30, 2026 (“ORIGINAL AGREEMENT”). This AGREEMENT is generally consistent with the ORIGINAL AGREEMENT, but the parties have determined that it is appropriate to enter into a new agreement rather than extending the ORIGINAL AGREEMENT.

G. This AGREEMENT was originally approved by the COMMISSION on February 26, 2026.

NOW, THEREFORE, it is mutually agreed by and between the parties as follows:

ARTICLE I: FUNDING ALLOCATIONS

1. This A
GREEMENT authorizes the ALAMEDA CTC to allocate the DLD funds derived from Measure BB and VRF receipts as described in their respective voter-approved expenditure plans and as summarized in Table A: DLD Investment Summary and described below for different fund types.

Table A: DLD Investment Summary
DLD Program Fund Program
Bicycle and Pedestrian Program Measure BB
Local Streets and Roads Program Measure BB and VRF
Mass Transit Program Measure BB
Paratransit Program Measure BB

2. All DLD distributions pursuant to this AGREEMENT, and all provisions contained herein, shall be effective as of July 1, 2026. The ORIGINAL AGREEMENT shall govern and control all DLD distributions paid on or before June 30, 2026.

A. BICYCLE AND PEDESTRIAN PROGRAM

4. A
LAMEDA CTC will distribute Measure BB DLD funds pursuant to a formula weighted 100 percent by the jurisdiction’s population within the subarea. RECIPIENT’s allocations are subject to change based on variations in annual population figures.

5. The Bicycle and Pedestrian Program Implementation Guidelines provide program eligibility and fund usage guidelines, definitions, additional requirements, and guideline adoption details. Said guidelines are hereby incorporated into this A
GREEMENT by reference.

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Attachment: Draft Alameda CTC Master Programs Funding Agreement (5687 : ALAMEDA CTC MASTER PROGRAMS FUNDING AGREEMENT) Alameda CTC Agreement No. A26-00XX

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2026 MPFA
B. LOCAL STREETS AND ROADS (LOCAL TRANSPORTATION) PROGRAM

5. ALAMEDA CTC will distribute Measure BB DLD funds pursuant to a formula weighted 50 percent by the jurisdiction’s population within the subarea and 50 percent by the number of road miles with the subarea. RECIPIENT’s allocations are subject to change based on variations in annual population and road mile figures.

6. A
LAMEDA CTC will distribute VRF DLD funds pursuant to a formula weighted 50 percent by the jurisdiction’s population within the subarea and 50 percent of the number of registered vehicles in the subarea. RECIPIENT’s allocations are subject to change based on variations in annual population and number of registered vehicle figures, as they are made available.

7. The Local Streets and Roads Program Implementation Guidelines provide program eligibility and fund usage guidelines, definitions, additional requirements, and guideline adoption details. Said guidelines are hereby incorporated into this AGREEMENT by reference.

8. RECIPIENT shall expend a minimum of 15 percent of all Measure BB funds received on project elements directly benefiting bicyclists and pedestrians.

C. MASS TRANSIT PROGRAM

1. ALAMEDA CTC will distribute Measure BB DLD funds pursuant to set percentages detailed in the Measure BB Expenditure Plan. RECIPIENT’s percentage fund distribution, if applicable, is detailed in Measure BB Mass Transit Direct Local Distribution Summary, attached hereto as Exhibit A and incorporated into this AGREEMENT by reference. RECIPIENT’s allocations are subject to change based on transit service changes.

2. The Mass Transit Program Implementation Guidelines provide program eligibility and fund usage guidelines, definitions, additional requirements, and guideline adoption details. Said guidelines are hereby incorporated into this AGREEMENT by reference.

D. PARATRANSIT PROGRAM

1. ALAMEDA CTC will distribute Measure BB DLD funds by subarea pursuant to percentages in the Measure BB Expenditure Plan. RECIPIENT’s percentage fund distribution by subarea, if applicable, is shown on Exhibit A attached hereto and is incorporated into this AGREEMENT by reference.

2. Measure BB distributions to cities and local transit operators are based on a percentage of the population over age 70 in each of the four planning areas for city-based and mandated paratransit services of local bus transit providers.

3. ALAMEDA CTC will distribute Measure BB to the East Bay Paratransit Consortium pursuant to set percentages in the Measure BB Expenditure Plan to assist the Alameda-Contra Costa Transit District

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Attachment: Draft Alameda CTC Master Programs Funding Agreement (5687 : ALAMEDA CTC MASTER PROGRAMS FUNDING AGREEMENT) Alameda CTC Agreement No. A26-00XX

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2026 MPFA
and the San Francisco Bay Area Rapid Transit in meeting its responsibilities under the American with Disabilities Act (ADA).

4. Measure BB DLD funds may be further distributed to individual cities within each planning area based on a formula refined by PAPCO and approved by the COMMISSION. RECIPIENT’s allocations are subject to change based on updated annual population figures.

5. The Paratransit Program Implementation Guidelines provide program eligibility and fund usage guidelines, definitions, additional requirements, and guideline adoption details. Said guidelines are hereby incorporated into this AGREEMENT by reference.

ARTICLE II: PAYMENTS AND EXPENDITURES

A. ALAMEDA CTC’S DUTIES AND OBLIGATIONS

1. Within five working days of actual receipt of the monthly Measure BB sales tax revenues and VRF revenues from the California Department of Tax and Fee Administration, the bond trustee, or the California Department of Motor Vehicles, Alameda CTC shall remit to the RECIPIENT its designated amount of available DLD funds disbursed on a monthly basis by the formulas described above.

2. ALAMEDA CTC shall annually update Measure BB and VRF fund revenue projections and the resulting fund allocation formulas to reflect the most current population using the California Department of Finance’s annual population estimates (Report E-1 published in May); maintained road mileage from the California Department of Transportation; and the number of registered vehicles in each Alameda County subarea, using registered vehicle data provided by the California Department of Motor Vehicles, as it is made available. ALAMEDA CTC shall use the updated Measure BB and VRF program allocation formulas in the allocations beginning July 1 of each new fiscal year, which is from July 1 to June 30.

3. ALAMEDA CTC shall report monthly to the public the amount of Measure BB, and VRF revenues distributed to RECIPIENT by each fund type monthly and for the fiscal year.

4. ALAMEDA CTC shall provide for an independent annual audit of its financial statements including revenues and expenditures and its calculation of the allocation formula for distributing Measure BB and VRF revenues to the various recipients, and render an annual report to the COMMISSION within 180 days following the close of the fiscal year.

5. ALAMEDA CTC shall provide timely notice to RECIPIENT prior to conducting an audit of expenditures made by RECIPIENT to determine whether such expenditures are in compliance with this AGREEMENT, Measure BB Expenditure Plan, or the VRF Expenditure Plan.

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B. RECIPIENT’S DUTIES AND OBLIGATIONS

1. RECIPIENT shall expend all Measure BB and VRF funds received in compliance with the applicable guidelines and Plan(s), including the Implementation Guidelines and performance measures, as they may be adopted or amended by ALAMEDA CTC from time to time.

2. RECIPIENT shall set up and maintain an appropriate system of accounts to report on Measure BB and VRF funds received. RECIPIENT must account for Measure BB and VRF funds, including any interest received or accrued, separately for each fund type, and from any other funds received from the ALAMEDA CTC. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds.

ALAMEDA CTC and its representatives, agents and nominees shall have the absolute right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law.

3. RECIPIENT shall expend Measure BB and VRF funds in compliance with the Timely Use of Funds Policies for Direct Local Distributions, as they may be adopted or amended by the COMMISSION from time to time.

4. RECIPIENT hereby agrees to and accepts the formulas used in the allocation of Measure BB and VRF revenues as reflected in the ballot measures, the Measure BB Expenditure Plan, and the VRF Expenditure Plan, and agrees to accept and utilize the California Department of Finance Estimates of Population figures (Report E-1, updated each May) for California cities and counties for the annual update of the sales tax allocation formulas to begin in each new fiscal year and registered vehicle data provided by the California Department of Motor Vehicles when available.

C. OTHER EXPENDITURE RESTRICTIONS

1. Transportation Purposes Only: RECIPIENT shall use all Measure BB and VRF funds solely for transportation purposes as defined by the authorizing ballot measures. Any jurisdiction that violates this provision must fully reimburse all misspent funds, including all interest which would have been earned thereon.

2. Non-Substitution of Funds: R
ECIPIENT shall use Measure BB funds and VRF funds to
supplement and not replace existing property taxes used for transportation purposes.

3. Fund Exchange: Any fund exchanges made using Measure BB or VRF funds must be made for transportation purposes. ALAMEDA CTC will consider exchange proposals on a case-by-case basis.

4. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with Measure BB and VRF programs, including direct staff costs and consultant costs, are eligible uses of Measure BB and VRF funds. ALAMEDA CTC does not allow indirect costs, unless the RECIPIENT submits an independently audited/approved Indirect Cost Allocation Plan.

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ARTICLE III: REPORTING REQUIREMENTS

A. REQUIREMENTS AND WITHHOLDING

RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, ALAMEDA CTC may withhold payment of further Measure BB and/or VRF funds to RECIPIENT until full compliance is achieved.

1. RECIPIENT shall, by December 31st of each year, submit to ALAMEDA CTC, at the RECIPIENT’s expense, separate independently audited financial statements for the prior fiscal year ended June 30 of Measure BB and VRF funds received and used.

2. RECIPIENT shall, by December 31st of each year, submit to ALAMEDA CTC, at the RECIPIENT’s expense, annual program compliance reports regarding programs and projects on which RECIPIENT expended Measure BB and VRF funds.

3. RECIPIENT shall document expenditure activities and report on the performance of Measure BB and VRF funded activities through the annual program compliance reporting process, or through other ALAMEDA CTC performance and reporting processes as they may be requested, including but not limited to the annual performance report, annual program plan, planning monitoring reports. Program Performance Measures are attached hereto as Exhibit B.

4. RECIPIENT shall install or mount signage adjacent to Measure BB and VRF funded construction projects, and on vehicles funded with Measure BB and VRF funds (e.g., RECIPIENT and ALAMEDA CTC logos; “Your Transportation Tax Dollars Help Fund the Operation of This Vehicle!”) where practical, so Alameda County taxpayers are informed as to how RECIPIENT is using Measure BB and/or VRF funds.

5. RECIPIENT shall provide current information on RECIPIENT’s website, to inform the public about how RECIPIENT is using Measure BB and/or VRF funds.

6. RECIPIENT shall actively participate in a Public Awareness Program, in partnership with ALAMEDA CTC and/or its community advisory committees, as a means of ensuring that the public has access to the ability to know which projects and programs are funded through Measure BB and/or VRF funds.

7. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT’s receipt, usage, and/or compliance audit findings regarding Measure BB and/or VRF funds before the Commission and/or the Independent Watchdog Committee or community advisory committees, as applicable.

8. RECIPIENT agrees that ALAMEDA CTC may review and/or evaluate all project(s) or program(s) funded pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of ALAMEDA CTC to observe RECIPIENT’s project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT’s staff or governing board.

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ARTICLE IV: OTHER PROVISIONS

A. GEOGRAPHIC BREAKDOWN

In all cases the geographic breakdown by subarea is as follows:

1. North Area refers to the Cities of Alameda, Albany, Berkeley, Emeryville, Oakland, and Piedmont.

2. Central Area includes the Cities of Hayward and San Leandro, and the unincorporated area of Castro Valley, as well as other unincorporated lands governed by Alameda County in the Central Area.

3. South Area includes the Cities of Fremont, Newark, and Union City.

4. East Area includes the Cities of Livermore, Dublin, and Pleasanton, and all unincorporated lands governed by Alameda County in the East Area.

B. INDEMNITY BY RECIPIENT

Neither ALAMEDA CTC, nor the COMMISSION, any officer, consultant, agent, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Measure BB or VRF funds distributed to RECIPIENT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, RECIPIENT shall fully defend, indemnify and hold harmless ALAMEDA CTC, the COMMISSION, and all its officers, agents, and employees, from any liability imposed on ALAMEDA CTC for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Measure BB or VRF funds distributed to RECIPIENT pursuant to this AGREEMENT.

C. INDEMNITY BY ALAMEDA CTC

Neither RECIPIENT, nor its governing body, elected officials, any officer, consultant, agent, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by A
LAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, indemnify, and hold harmless RECIPIENT, and its governing body, elected officials, all its officers, agents, and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT.

D. J

URISDICTION AND VENUE

The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Alameda County, California and the parties hereto hereby waive inconvenience of forum as an objection or defense to such venue.

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E. ATTORNEYS’ FEES

Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorneys’ fees from the other party.

F. TERM

The term of this AGREEMENT shall be from July 1, 2026 to June 30, 2036, unless amended in writing or a new Master Programs Funding Agreement is executed between ALAMEDA CTC and RECIPIENT.

G. SEVERABILITY

If any provision of this AGREEMENT is found by a court of competent jurisdiction or, if applicable, an arbitrator, to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.

H. MODIFICATION

This AGREEMENT, and its Exhibits, as well as the referenced Implementation Guidelines, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings regarding Measure BB and VRF program funds (but not project funding agreements), including but not limited to the ORIGINAL AGREEMENT, which is terminated as of the effective date hereof. This AGREEMENT may only be changed by a written amendment executed by both parties. Notwithstanding the foregoing, the Implementation Guidelines, Performance Measures, and Timely Use of Funds Policies related to Measure BB and VRF funds may be changed from time to time by the ALAMEDA CTC.

[Signatures on next page]

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IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.

CITY OF FREMONT
(RECIPIENT)

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

Brian Stott Date
Assistant City Manager
Tony Tavares Date
Executive Director
Recommended
By:

Vivek Bhat Date
Deputy Executive Director of Projects

Reviewed as to Budget/Financial Controls:

By:

Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form:

Approved as to Legal Form:

By:

Rocio V. Fierro Date
Senior Deputy City Attorney II
Fennemore LLP Date
Legal Counsel to ALAMEDA CTC

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Attachment: Draft Alameda CTC Master Programs Funding Agreement (5687 : ALAMEDA CTC MASTER PROGRAMS FUNDING AGREEMENT) Alameda CTC Agreement No. A26-00XX

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EXHIBIT A

MEASURE BB MASS TRANSIT AND PARATRANSIT

DIRECT LOCAL DISTRIBUTION SUMMARY

Mass Transit

Alameda CTC distributes Measure BB Mass Transit Direct Local Distribution funds based on the distribution percentages for net Measure BB Revenues specified in the Measure BB Expenditure Plan, as shown below.

Table 1: Measure BB Mass Transit Distribution
Agency Area Percentage of
Net Revenues
AC Transit Alameda County 18.80 %
ACE East/South County 1.00 %
BART Alameda County 0.50 %
LAVTA East County 0.50 %
Union City Transit South County 0.25 %
SF WETA Alameda County 0.50 %

Paratransit

Alameda CTC distributes Measure BB paratransit funds to County subareas/planning areas and to AC Transit and BART based on the distribution percentages in the Measure BB Expenditure Plan, as shown below. Distributions to jurisdictions for non-mandated services within each subarea are based on allocation formulas refined by Paratransit Advisory and Planning Committee (PAPCO) and approved by the Commission.

Table 2: Measure BB Paratransit Distribution
Area/Agency Percentage1
City-based and Locally Mandated 3.0%
North County
Cities of Alameda, Albany, Berkeley, Emeryville, and Oakland

Central County2
Cities of Hayward and San Leandro, and unincorporated area of Castro Valley, as well as other unincorporated lands governed by Alameda County in the Central Area.

South County
Cities of Fremont, Newark, Union City, as well as Union City Transit.

East County3
Cities of Livermore, Dublin, and Pleasanton, and unincorporated lands governed by Alameda County in the East Area, and LAVTA.

AC Transit - East Bay Paratransit4 4.5%
BART- East Bay Paratransit4 1.5%

1. Funds are distributed based on the percentage of the population over age 70 in each of the four planning areas for city-based and mandated paratransit services. Funds can be further allocated to individual cities within each planning area based on a formula refined by PAPCO.

2. Funding will be assigned to Hayward to serve the unincorporated areas.

3. Funding for Livermore and Dublin will be assigned to LAVTA for their ADA-mandated paratransit program.

4. Measure BB funds are dispersed to AC Transit and BART to operate the East Bay Paratransit Consortium (EBPC).

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Attachment: Draft Alameda CTC Master Programs Funding Agreement (5687 : ALAMEDA CTC MASTER PROGRAMS FUNDING AGREEMENT) Alameda CTC Agreement No. A26-00XX

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EXHIBIT B

DIRECT LOCAL DISTRIBUTION PROGRAM

PERFORMANCE MEASURES

Direct Local Distribution (DLD) recipients are to document the performance and benefits of the projects and programs funded with Measure BB and/or Vehicle Registration Fee funds. The following performance measures are a selection of performance measures and associated standards, organized by funding program, that must be documented at minimum by DLD recipients as applicable. Additional performance measures may be requested by Alameda CTC.

Performance reporting and monitoring will be done through Alameda CTC’s standard reporting processes, including the Annual Program Compliance Reports and various planning activities, as requested and applicable. Alameda CTC’s performance reporting will concentrate on key indicators at the time of reporting.

BICYCLE AND PEDESTRIAN PROGRAM

PERFORMANCE MEASURES

Performance Measure Performance Metrics & Standards Evaluation Frequency
& Method
Corrective Action
Infrastructure Investment
Report on bicycle and
pedestrian projects completed
or underway.

Directional lane miles of all bicycle facilities built or improved (may include bike lanes, bike routes, multi-use pathway improvements).

Linear feet of all pedestrian improvements built or
improved (may include sidewalks, trails/pathways).

Number of all intersections or midblock
bicycle/pedestrian crossing locations improved (may
include locations that received crossing improvements,
curb/ADA ramps, bicycle protection elements,
daylighting, traffic calming elements, lighting, etc.).

Annually via
Compliance
Report

N/A; Report on investments
Safety Investments
Report on bicycle and
pedestrian investments
located on countywide
priority networks:

- High Injury Network
(HIN) Proactive Safety
Network (PSN)

- Countywide Bikeways
Network (CBN)

Directional lane miles of bicycle facilities built or
improved to an All Ages and Abilities (AAA) standard
on the Alameda CTC-adopted HIN, PSN and/or CBN.

Linear feet of pedestrian improvements built or
improved on the Alameda CTC-adopted HIN or PSN
(may include sidewalks, trails/pathways).

Number of intersections and/or midblock
bicycle/pedestrian crossing locations improved on
Alameda CTC-adopted HIN, PSN, or CBN (may
include locations that received crossing improvements,
curb/ADA ramps, bicycle protection elements,
daylighting, traffic calming elements, lighting, etc.).

Annually via
Compliance
Report

N/A; Report on investments
Current Master Plan
Maintain a local current
Bicycle/Pedestrian Master
Plan (BPMP) or Active
Transportation Plan.

Plan(s) no more than 5 years old, based on adoption
date.

Annually via
Compliance
Report

Any agency without a current
plan is required to provide
schedule for a plan update.

Capital Project and
Program Investment
Report on capital and
program administration costs

Investment into capital projects and programs is greater than program administration costs (outreach, staffing,
administrative support).

Annually via
Compliance
Report

Any agency not achieving this
metric must explain how capital
needs will be addressed in the
future.

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EXHIBIT B (cont.)

LOCAL TRANSPORTATION PROGRAM (Local Streets and Roads (LSR))

PERFORMANCE MEASURES

Performance Measure Performance Metrics & Standards Evaluation Frequency &
Method
Corrective Action
Infrastructure Investment
Report on roadway and
transportation improvements
completed or underway.

Lane miles of roadway improvements, pavement
rehabilitation, striping, etc.

Linear feet of all bicycle/pedestrian improvements built or improved (may include sidewalks, trails/pathways).

Annually via
Compliance
Report

N/A; Report on investments
Safety Investments
Report on bicycle and
pedestrian investments
located on countywide
priority networks:

- High Injury Network
(HIN) Proactive Safety
Network (PSN)

- Countywide Bikeways
Network (CBN)

Directional lane miles of bicycle facilities built or
improved to an All Ages and Abilities (AAA) standard
on the Alameda CTC-adopted HIN, PSN and/or CBN.

Linear feet of pedestrian improvements built or
improved on the Alameda CTC-adopted HIN or PSN
(may include sidewalks, trails/pathways).

Annually via
Compliance
Report

N/A; Report on investments
Pavement Condition Index
(PCI)

Maintain a PCI moving average rating of 60 or above.

Average PCI based on latest available data from MTC’s
Pavement Condition Index Summary Report.

Annually via
Compliance
Report

Any agency not achieving the
target must identify corrective
actions and future investments to
address PCI levels.

Equitable Investments
Report on investments within
equity communities
Identify LSR investments toward maintaining and
improving roadways and transportation infrastructure,
in equity communities as the areas are defined in:
- Equity Priority Communities as defined by
MTC
- Equity Areas as defined by Alameda CTC
- Locally-defined equity areas
- Opportunity Zones as certified by the U.S.

Department of the Treasury
Annually via
Compliance
Report

N/A; Report on investments
Measure BB LSR 15%
Requirement
Expenditure of LSR funds on
bicycle and pedestrian
projects elements (for
Measure BB funds only)
Maintain a 15% annual minimum LSR investment to
support bicycling and walking.

Annually via
Compliance
Report

Any agency not achieving the
target annual percentage must
explain and/or identify plan to
use LSR funds on future
bicycle/pedestrian improvements
to meet this target over the
duration of Measure BB.

Capital Project and
Program Investment
Report on capital and
program administration costs

Investment into capital projects and programs is greater than program administration costs (outreach, staffing,
administrative support).

Annually via
Compliance
Report

Any agency not achieving this
metric must explain how capital
needs will be addressed in the
future.

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Attachment: Draft Alameda CTC Master Programs Funding Agreement (5687 : ALAMEDA CTC MASTER PROGRAMS FUNDING AGREEMENT) Alameda CTC Agreement No. A26-00XX

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EXHIBIT B (cont.)

MASS TRANSIT PROGRAM

PERFORMANCE MEASURES

Performance Measure Performance Metrics & Standards Evaluation Frequency &
Method
Corrective Action
Ridership/Service
Utilization
Annual Ridership (Unlinked
Passenger Trips)

Annual Unlinked Trips as reported to the National
Transit Database (NTD).

Note: Latest fiscal year data is provided provisionally by transit operators and is subject to change. NTD
regularly revises historical year data as part of new data releases. Alameda CTC analysis will be based on the
latest available NTD data.

Annually
reported by
Transit
Operators.

N/A
On-Time Performance
Systemwide on-time
performance
Average on-time performance as reported by transit
operator. Target of 75% to 90% or based on the transit
agency’s adopted performance goals and standards.

Annually
reported by
Transit
Operators.

Any agency with significant decline
below adopted target must provide
an explanation and specify plan to
improve performance.

Cost Effectiveness
Operating Cost Metrics

Operating Cost Metrics as reported to the National
Transit Database (NTD) as requested such as:
- Operating cost per passenger mile
- Operating cost per vehicle revenue mile
Annually
reported by
Transit
Operators.

Any agency with significant
increase in costs must provide an
explanation.

PARATRANSIT PROGRAM

PERFORMANCE MEASURES

Performance Measure Performance Metrics & Standards Evaluation Frequency &
Method
Corrective Action
Ridership/Service
Utilization
Number of people served or
trips provided

Number of individuals served or trips provided by
program (for service types such as ADA mandated
paratransit, door-to-door service, taxi programs,
accessible van service, shuttle service, group trips,
travel training, meal delivery)
Annually via
Compliance
Report and
Program Plan
Review.

N/A

Cost Effectiveness
Operating Cost Metrics

Cost per trip or per passenger (for service types such as ADA mandated paratransit, door-to-door service, taxi
programs, accessible van service, shuttle service, group trips)
Annually via
Compliance
Report and
Program Plan
Review.

Any agency with significant
increase in costs must provide an
explanation.

Note: The Paratransit Program Implementation Guidelines contain additional listing of performance measures by program type.

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Attachment: Draft Alameda CTC Master Programs Funding Agreement (5687 : ALAMEDA CTC MASTER PROGRAMS FUNDING AGREEMENT) Fremont City Council Meeting: 04/14/26 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5689) DOC ID: 5689
Updated: 4/10/2026 9:18 AM by Alberto Quintanilla Page 1 FREMONT CENTRAL PARK RESTROOM REPLACEMENT PROJECT - Approval of Amendment to Construction Contract with Alex Kushner General Inc to Increase Funding in the Amount of $80,000 for the Fremont Central Park Restroom Replacements Project (PWC9089), and Finding the Actions Exempt from CEQA.

Contact Persons:

Name: Martha Martinez Hans Larsen
Title: Facilities Project Supervisor III Public Works Director Div/Dept: Public Works Public Works
Phone: 510-494-4750 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate a construction contract funding amendment to allow for completion of four park restroom replacement projects in Central Park.

BACKGROUND: On May 6, 2025, the City Council approved a construction contract with Alex Kushner General Inc. in the amount of $793,500 (including a 15% contingency) for the Fremont Central Park Restrooms Replacement Project, a project to replace old park restrooms at the Tennis Complex, Soccer Complex, Babbling Brook Picnic Area, and Lions Picnic Area. This contract included work to demolish the old restrooms, construct new foundations and utility connections, and to receive new prefabricated restroom buildings (provided by another vendor). Construction began in July 2025.

DISCUSSION/ANALYSIS: During construction, the contractor encountered challenges with unforeseen existing site conditions that resulted in additional scope of work. Revisions included the addition of structural seismic support (concrete grade beams), recommended by the project’s geotechnical engineer, due to proximity to the Hayward earthquake fault line (for the Babbling Brook and Lions Picnic area restrooms). Other unforeseen issues included replacement of a sewer line (in poor condition) not anticipated in the original scope of work, and removal and replacement of perimeter walkways to conform to the existing path of travel to meet ADA accessibility requirements.

The above noted revisions during construction exceeded the approved 15% construction contingency funds, as well as an additional 20% contingency approval amount authorized by the City Manager’s Office. Additional funding to complete the project now requires City Council approval in the amount of $80,000, and increasing the total contract amount with Alex Kushner General, Inc to $1,032,000. Subject to City Council approval, staff will prepare a final change order to increase the contract amount to cover the additional costs and to complete the project construction and have all four restrooms open by June 2026.

Project Cost and Funding:

Estimated Project Costs
Design Consultant and Project Administration $ 300,000

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Council Staff Report (ID # 5689) Meeting of April 14, 2026 Updated: 4/10/2026 9:18 AM by Alberto Quintanilla Page 2 Construction Contract - Low Bid 690,000
Construction Contingency (15%) 103,500
Construction Inspection and Administration (10%) 69,000 CMO Construction Contingency (20% Above Approved Construction Contract)

158,700
Additional Construction Costs 80,000

Total Estimated Project Costs: $ 1,401,200

Source of Funding
Currently Budgeted
PWC 9089–501–Capital Improvement Fund $ 1,321,200

Proposed Funding
PWC 9089–501–Capital Improvement Fund $ 80,000

Total Funds Available $ 1,401,200

FISCAL IMPACT: The recommended $80,000 increase in project cost will be funded from sources in the adopted Capital Budget. The appropriation for the Citywide Park Restrooms Program (PWC9089) has sufficient funding to complete the project.

ENVIRONMENTAL REVIEW: The project is categorically exempt from environmental review based on, without limitation, CEQA Guideline Section 15302(c). The replacement of the existing park restroom involves negligible or no expansion of use or capacity, which does not involve significant new environmental effects or changed circumstances.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the Fremont Central Park Restrooms Replacement Project (PWC9089):

2. Find the action is exempt from CEQA requirements pursuant to CEQA Guideline Section 15302 (replacement of existing facilities).

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Fremont City Council Meeting: 04/14/26 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5700) DOC ID: 5700
Updated: 4/10/2026 9:18 AM by Alberto Quintanilla Page 1

SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF

FREMONT GRANTING AN ELECTRIC FRANCHISE TO LS POWER GRID

CALIFORNIA, LLC
Contact Persons:

Name: Alberto Quintanilla
Title: City Clerk
Div/Dept: City Clerk's Office
Phone: 510-284-4009
E-Mail: [email protected]

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

On April 7, 2026, the franchise ordinance was introduced and the City Council held a public hearing. The ordinance is now before the Council for adoption.

ATTACHMENTS:
• Draft Ordinance - LS Power Franchise Agreement
• Project Aerial Map
• Franchise Public Benefits

RECOMMENDATION: Adopt ordinance granting franchise and approving 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.

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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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B. “Administrative Costs ” 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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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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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 or 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 utility 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 O rdinance 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 shall 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 f ire 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 e ffected 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, the 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 locations 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 obligations 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, employees, 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 tend er 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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ontB
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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 (5700 : Second Reading and Adoption of an Ordinance- LS Power

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 (5700 : Second Reading and Adoption of an Ordinance- LS Power Franchise California, LLC) Fremont City Council Meeting: 04/14/26 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Presentations

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5690) DOC ID: 5690
Updated: 4/10/2026 11:23 AM by Alberto Quintanilla Page 1 PASEO PADRE PARKWAY IMPROVEMENT PROJECT - Receive Presentation on Street Design Alternatives and Community Outreach Process for Project to Improve Transportation Safety, Operations, and Multimodal Access Along Paseo Padre Parkway in the Areas of Covington Drive and Olive Avenue; and Provide Input to Staff on Preferred Direction.

Contact Persons:

Name: Noe Veloso Hans Larsen
Title: Assistant City Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4774 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to obtain City Council direction on various street design options related to Paseo Padre Parkway in the areas of Covington Drive and Olive Avenue and other related matters. Six topics are presented in this report for Council consideration and direction: 1) at Covington Drive (traffic signal or roundabout); 2) at Olive Avenue (traffic signal, roundabout, or lane reduction plus visibility improvements: 3) reducing corridor from 4 lanes to two lanes; 4) relative priority of safety improvements on Paseo Padre Parkway versus other Citywide locations; and 5) future consideration of roundabouts at other Citywide locations.

BACKGROUND: In 2022, the Public Works Department conducted a community outreach process to consider options for improving traffic safety along Paseo Padre Parkway between Driscoll Road and Washington Boulevard. This corridor has a history of severe injury crashes, excessive speeding, and reckless driver behavior. In April 2022, the City Council approved a project scope that included adding a bike lane, enhanced pedestrian crossings with flashing beacons at the Dorne Place and the Mento Drive intersections, as well as intersection improvements at Covington Drive and at Olive Avenue. At the time, no funds had been budgeted for the various proposed improvements.

Improvements along Paseo Padre Parkway are being implemented through separate City projects and programs, as funding is made available through grants or City funds. The new bike lane was installed in 2023. The pedestrian crossing flashing beacons at Dorne Place and at Mento Drive will be constructed in 2026 as part of the Pedestrian Crossing Enhancement Project (funded by a state grant), a project the City Council approved a construction contract for in November 2025. The intersection improvements at Paseo Padre Parkway/Covington Drive and Paseo Padre Parkway/Olive Avenue are the remaining improvements planned.

In June 2024, the City Council awarded a professional services agreement to conduct an intersection alternatives analysis and to conduct further community outreach. As part of the professional services agreement, the design consultant assessed the feasibility and benefits of a roundabout design at the intersections of Paseo Padre Parkway/Covington Drive and Paseo Padre Parkway/Olive Avenue. Roundabouts have the advantages of enhancing traffic flow, preventing excessive traffic speeds, and reduced maintenance costs,

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Council Staff Report (ID # 5690) Meeting of April 14, 2026 Updated: 4/10/2026 11:23 AM by Alberto Quintanilla Page 2 as compared to a traditional traffic signal. Current national and state traffic engineering design practices are encouraging the use of roundabouts, and grant programs are available for their funding. Research has shown that a roundabout provides a 78% reduction in fatal and severe injury crashes when a traffic signal is replaced by a roundabout. Because a roundabout was determined to better address excessive corridor vehicle speeds and improve pedestrian crossing safety, the design consultant conducted community outreach to inform and seek feedback on the intersection alternatives.

DISCUSSION/ANALYSIS:

Community Outreach
On November 13, 2025, a community meeting was conducted to share the results of the alternatives analysis and to initiate a community feedback and input period. A project website was used to provide information about design options and respond to frequently asked questions (see the LINKS section of this report). The website contains information and traffic simulation videos to describe the operations of traffic signal and roundabout design options. The results of the first of two community surveys showed greater support for the traffic signal alternative over a roundabout at both project intersections. During the community outreach process, a resident in the project neighborhood developed a third alternative for the Olive Avenue intersection, referred to as the “Lane Reduction with Visibility Improvements Option”, which the resident shared with neighbors and it gained neighborhood support.

On January 21, 2026, the intersection alternatives analysis, the results of the community survey, and the new alternative were presented to the Mobility Commission. After receiving public comment and further discussion, the Mobility Commission recommended the roundabout alternative for both the Covington Drive and Olive Avenue intersections.

Additionally, the Mobility Commission recommended that staff further study the feasibility of the “Lane Reduction with Visibility Improvements Option” and bring it forward to the community for consideration if found feasible.

In February 2026, a second community survey was released and the results from 167 survey participants revealed a top interest towards managing travel speeds in the corridor and a divided preference among the alternatives as noted below:

• Community Ranking of Top Concerns: 1) excessive speeding, 2) unsafe pedestrian crossings, 3) difficult access from side streets and driveways, 4) excessive cut-through traffic, 5) lack of safe or comfortable bike infrastructure • Preferred Design at Covington Drive: traffic signal (49%); roundabout (51%) • Preferred Design at Olive Avenue: lane reduction with visibility improvements (40%); traffic signal (36%); roundabout (24%)

Selection of Design Alternative at Covington Drive
The primary improvement interests at the Paseo Padre/ Covington intersection is to address the challenging access from Covington to Paseo Padre during the drop-off and pick-up periods at Chadbourne Elementary School, and to resolve a high number of traffic crashes at the “Covington curve”.

There are currently two alternatives to consider at the Covington Drive intersection: a traffic signal or roundabout. Residents are familiar with a traffic signal and the benefits it offers in

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Council Staff Report (ID # 5690) Meeting of April 14, 2026 Updated: 4/10/2026 11:23 AM by Alberto Quintanilla Page 3 assigning right of way, creating separate phases for pedestrian crossing and maximizing vehicle throughput along the corridor. Roundabouts are becoming more commonplace nationally and locally. A roundabout would be most effective in reducing vehicle speeds along the corridor and reducing fatal and severe injury crashes when compared to a traffic signal. A roundabout is also more efficient at maintaining traffic flow along the corridor while providing opportunities for the side street access.

Selection of Design Alternative at Olive Avenue
The primary intersection improvement interest is to enhance visibility at the Paseo Padre Parkway curve near Olive Avenue. At the Olive Avenue intersection, in addition to a traffic signal or roundabout, there is a third alternative to consider – a lane reduction with visibility improvements. This option proposes to remove all sight visibility restrictions, including trees and on-street parking areas, and reduce the number of lanes from four to two approaching the intersection. This option would potentially reduce speeds by having vehicles merge into one lane at the intersection and would improve pedestrian safety by reducing the crossing distances and the addition of a crosswalk flashing beacon. The third alternative has the added benefit of being implementable in a faster timeframe and a reduced cost when compared to a traffic signal or roundabout. The lane reduction at Olive could also be implemented as a “quick-build” demonstration project to test the effectiveness using temporary paint, bollards, and/or barricades.

Consideration of Reducing Paseo Padre Parkway from 4 to 2 Lanes The City Council can also consider reducing the number of vehicle lanes along the Paseo Padre Parkway corridor from four to two lanes. Pre-Covid, the Paseo Padre Parkway corridor was typically carrying approximately 13,000 vehicles per day and experienced congestion during the peak morning and evening commute hours. Since the completion of the various I-680 freeway improvements, the traffic volumes on Paseo Padre Parkway have stabilized to approximately 10,000 over the last few years. The freeway cut-through traffic that created congestion issues in the neighborhood have been largely addressed. Two vehicle lane roadways have the capacity of managing traffic volumes up to 20,000. The lane reduction has the value of managing traffic speed in the corridor by constraining vehicles to a single lane and to not enable speeding traffic to weave between lanes.

Consideration of Relative Priority of Safety Improvements on Paseo Padre Parkway Versus Other City Locations
The choice on what type and cost of investments to make along Paseo Padre Parkway should take into account other unfunded traffic safety improvements planned throughout the City. Examples include proposed projects at Scott Creek/ Zinfandel (at Hetch Hetchy Trail Crossing); Peralta/ Dusterberry (next to Dusterberry Neighborhood Park); and Paseo Padre/ Commerce (at Coyote Hills Regional Park). The current budget available for Paseo Padre Parkway improvements is $2 million. The estimated costs for the Paseo Padre Parkway design alternatives being considered are:
- $2.5 million for a roundabout (at Covington or Olive) - $1.5 million for a traffic signal (at Covington or Olive) - $0.5 million for the Olive lane reduction with visibility improvements, plus a pedestrian flashing beacon

Consideration of Roundabouts at Other City Locations

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Council Staff Report (ID # 5690) Meeting of April 14, 2026 Updated: 4/10/2026 11:23 AM by Alberto Quintanilla Page 4 The community outreach process for the Paseo Padre Parkway project has raised both positive support and concerns about the implementation of roundabouts in Fremont. It is noted that roundabout designs are being considered at the following locations: Mission/ Pine (at southern gateway to Mission San Jose business district and access to Ohlone College); Peralta/ Mowry (large intersection with skewed angles); Peralta/ Dusterberry (complex intersection adjacent to Dusterberry neighborhood park). The project webpage contains more information on the benefits of roundabouts and example locations in the Bay Area.

Staff Recommendation
The decision on a preferred design direction for a set of improvements along Paseo Padre Parkway is complex, due to the various objectives, design alternatives, costs, and diverse community viewpoints. Staff’s recommendation on the “best value” solution is as follows:
- Traffic signal at Covington ($1.5 million)
- Lane reduction with visibility improvement, plus a pedestrian flashing beacon at Olive ($0.5 million)
- Reduce lanes from four to two lanes in corridor for speed management, improved bikeway, and separation of moving vehicles from parked cars and driveway access (no added cost due to planned pavement maintenance project)

FISCAL IMPACT: Cost information regarding various design options is discussed in report.

ENVIRONMENTAL REVIEW: The recommended actions to provide planning guidance for transportation improvements along Paseo Padre Parkway corridor does not require environment review within the meaning of California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3) as the actions are not considered a project and it can be seen with certainty that there is no possibility the actions will have a significant effect on the environment. Appropriate environmental review will be prepared for any proposed project during the design phase and prior to any project construction.

ATTACHMENTS:
• Paseo Padre Parkway Improvement Project Presentation

RECOMMENDATION: Take the following actions related to the Paseo Padre Parkway Improvement Project in the areas of Covington Drive and Olive Avenue:

1. Receive presentation on street design alternatives and community outreach process.

2. Provide direction on preferred design at Covington Drive intersection (traffic signal or roundabout).

3. Provide direction on preferred design at Olive Avenue intersection (traffic signal, roundabout, or lane reduction with visibility improvement and flashing beacon at crosswalk).

4. Provide direction on number of through lanes along Paseo Padre Parkway corridor (4 lanes or 2 lanes with buffered bike lane).

5. Provide input on relative priority of funding investments for improvements along Paseo Padre Parkway compared to other Citywide transportation improvement needs.

6. Provide input on consideration of roundabouts for other City locations.

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City Council Meeting
April 14, 2026
Paseo Padre Parkway Improvement Project
Street Design Options in the Areas of Covington Drive and Olive Avenue Existing Signal

Flashing Beacon in Fall 2026

Proposed Intersection
Improvement

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Attachment: Paseo Padre Parkway Improvement Project Presentation (5690 : PASEO Neighborhood Context and Top Safety Concerns
New Community Center
Main Library
Fremont Community Center
- Originally built in 1960
Lake Elizabeth
Covington
Olive
• Excessive Speeding
• Unsafe Pedestrian Crossings
• Difficult Access from Side
Streets and Driveways
Mento

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Attachment: Paseo Padre Parkway Improvement Project Presentation (5690 : PASEO Data on Traffic Crashes and Travel Speed
• Area has a concentration of traffic crashes at the Covington and Olive Intersections and curves
• Since 2022, most crashes involve “vehicles to vehicle” collisions with property damage (most common), minor
injury (5 crashes), severe injury (2 crashes), no fatalities; one additional severe injury crash involved a 14-year-old bicyclist
• Traffic speeds in corridor are “high” with about 180 (2%) vehicles daily traveling more than 10 mph over the speed limit of 35 mph. About 15% of vehicles travel 40 mph or faster

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Attachment: Paseo Padre Parkway Improvement Project Presentation (5690 : PASEO Covington Drive Design Options
Traffic Signal - $1.5 million Roundabout - $2.5 million 49%
Preference from
Community Survey
51%

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Attachment: Paseo Padre Parkway Improvement Project Presentation (5690 : PASEO Traffic Operations at Covington Drive
Notes:
• Average delay or “wait time” of 60 seconds or more is considered significant • Videos of traffic flow simulation model for signal and roundabout options are posted on the project web page

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Attachment: Paseo Padre Parkway Improvement Project Presentation (5690 : PASEO Olive Avenue Design Options
24%
40%
36%

1. Traffic Signal - $1.5 million

2. Roundabout - $2.5 million 3. Improve Visibility/ Reduce Lanes/ Beacon – $0.5 million Preference from
Community Survey

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Attachment: Paseo Padre Parkway Improvement Project Presentation (5690 : PASEO Olive Avenue Design Option 3

3. Improve Visibility/ Reduce Lanes/ Beacon – $0.5 million

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Attachment: Paseo Padre Parkway Improvement Project Presentation (5690 : PASEO Traffic Operations at Olive Avenue
Notes:
• Olive Avenue intersection doesn’t meet technical “warrant” for a traffic signal • Video of traffic flow simulation model for signal and roundabout options is posted on the project web page

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Attachment: Paseo Padre Parkway Improvement Project Presentation (5690 : PASEO General Comparison
of Traffic Signals and Roundabouts
Traffic Signal Roundabout
Safety 78% lower crash rate than a traffic signal for fatal and severe injuries, due to lower speed operations and “crash angle” (no broadside or head-on crashes)
Operations Better overall traffic flow for up to 20,000 daily vehicles Cost (Initial
Construction)
Lower cost,
$1.5 million
$2.5 million
Cost (Operations) $10,000 per
year
No ongoing signal electricity and maintenance cost
Aesthetics Often used at “gateway” locations with landscaping and public art Familiarity High Low but gaining popularity
Other Favored by state/ federal policies and professional practice; are better than traffic signals for locations with unique intersection angles

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Attachment: Paseo Padre Parkway Improvement Project Presentation (5690 : PASEO Staff Perspectives and Advice
Safety improvements in the Paseo Padre Parkway corridor are needed with “speed management” considered the highest priority
Staff considers the “best value” set of improvements to be:
• Traffic signal at Covington ($1.5 million); visibility improvements at Olive ($0.5 million); and reduction to two lanes from Olive to Dorne (best for speed management) • $2 million total improvement cost aligns with available project funding Acknowledge that other citywide locations also have traffic safety improvement needs and have been identified for potential funding from other sources
• Scott Creek/Zinfandel/Hetch-Hetchy Trail (seeking federal grant); Peralta/Dusterberry (seeking federal grant); Paseo Padre/Commerce/Coyote Hills (part of a development plan) Acknowledge benefits of roundabouts along with their higher construction cost and support further consideration at locations with unique street alignment and/or considered “special locations” • Mission/Pine (Ohlone College and Mission San Jose gateway); Peralta/Mowry (unique alignment); Peralta/Dusterberry (unique alignment)

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Attachment: Paseo Padre Parkway Improvement Project Presentation (5690 : PASEO Recommended Actions (1 of 2)
Covington Drive Intersection:
❑ Traffic signal ($1.5 million)
❑ Roundabout ($2.5 million)
Olive Avenue intersection:
❑ Visibility improvement, flashing beacon, reduce to two lanes ($0.5 million) ❑ Traffic signal ($1.5 million)
❑ Roundabout ($2.5 million)
Through lanes along Paseo Padre corridor from Olive Avenue to Dorne Place:
❑ 2 lanes, one lane in each direction
❑ 4 lanes, two lanes in each direction
Provide direction on preferred street design along Paseo Padre Parkway

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Attachment: Paseo Padre Parkway Improvement Project Presentation (5690 : PASEO Recommended Actions (2 of 2)
Provide Input on Relative Funding Priority
❑ Paseo Padre Parkway Improvements (and potential phasing) ❑ Other Locations, e.g., Scott Creek/Zinfandel (at Hetch Hetchy Trail); Peralta/Dusterberry; Paseo Padre/Commerce (at Coyote Hills)
Provide Input on Considering Roundabouts at Other Locations ❑ Examples: Mission/Pine (Ohlone College); Peralta/Mowry; Peralta/Dusterberry

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Attachment: Paseo Padre Parkway Improvement Project Presentation (5690 : PASEO

Fremont City CouncilApril 14, 2026

Fremont City Council
April 14, 2026