April 2025 - March 2026
Annual Military Equipment
Use Report
OUR MISSION, VISION, AND VALUES
• Our Mission is to provide "Public Safety through Professional Law Enforcement" • Our Vision is "A continuing Tradition of Excellence"
• Our Values are:
Dedication - Fremont Police employees are loyal to the community, profession, and organization. We fulfill our mission by constantly improving and acting in a selfless manner.
Integrity - Fremont Police employees are fully forthcoming and honest. We do not hide our mistakes. We derive our authority from the community. Integrity, truthfulness, and justice are the cornerstones of our interaction with each other, with our community, and our profession.
Professionalism - Fremont Police employees strive to do the right thing all the time, based on our skills and knowledge. We subscribe to a rigorous code of conduct and continued self-development. We represent the organization and the profession in a positive way.
Community Partnership – Fremont Police employees value our relationship with the community. Effective policing requires public trust and support. We work to build trust, cooperation, and communication with all members of our public.
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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT) Fremont Police Department
April 2025 - March 2026
Annual Military Equipment
Use Report
PREFACE
Fremont Police Department (FPD) is committed to maintaining public trust, community partnership, transparency, accountability, best practices and compliance with the law. As such, the Department has developed and published this Military Equipment Use Report in accordance with Assembly Bill 481, Government Code 7072 and FPD Military Equipment Use Policy. This document reports on information covering the period of April 2025—March 2026. The following information is included in this report (Government Code 7072(a)):
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and/or any actions taken in response.
4. The total annual costs for each type of military equipment, including acquisitions, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. The additional military equipment FPD intends to acquire in the next year, and the quantity sought for each type of military equipment.
EQUIPMENT OVERVIEW:
Fremont Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. FPD does not participate in the Law Enforcement Support Officer (LESO) 10-33 program. The Department does not currently receive or utilize surplus military equipment from the Federal government. It is the policy of Fremont Police Department to acquire and use equipment designed to enhance municipal law enforcement's ability to ensure public safety and welfare.
Items deemed to be "military equipment" by Government Code § 7070 are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen safety, and officer safety.
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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT)
BACKGROUND: ASSEMBLY BILL 481
On September 30, 2021, Governor Newsom approved AB-481 requiring law enforcement agencies to obtain approval of the applicable governing body (City Council), by adoption of a military equipment use policy. The Department is required to seek City Council approval of their military equipment use procedure by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.
Effective January 1, 2022, AB 481 allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The ordinance is subject to annual City Council review to determine whether, based on an annual military equipment use report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use policy to address any non-compliance with standards.
Finally, the bill requires publication of the military equipment use policy and the annual military equipment use report on the Department’s website. The military equipment use procedure must be posted on the website at least 30 days prior to the Council meeting.
The full text of AB 481 is available at https://www.fremontpolice.gov/ab481.
Fremont Police Department
April 2025 - March 2026
Annual Military Equipment
Use Report
The term "military equipment," as used in Government Code § 7070, in fact does not necessarily indi- cate equipment that has been used by the military. Pursuant to AB 481, items deemed to be "military equipment" include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper-ball launchers, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and distraction devices.
It is the policy of FPD to acquire and use equipment designed to enhance law enforcement's ability to ensure public safety and welfare. It is the policy of FPD that members of this department comply with the provisions of Government Code § 7071 and Fremont Municipal Code Chapter 8.80 with respect to military equipment use. California Government Code § 7070 provides a list of equipment types that are considered to be "military equipment" for purposes of this report, and FPD Military Equipment Use Pol- icy includes information for any such equipment types that are utilized by Fremont Police Department.
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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT)
SUMMARY AND QUANTITY OF MILITARY EQUIPMENT
The following constitutes a list of military equipment utilized by the Department that meets the statutory definition of military equipment:
1. Unmanned Aerial Systems (UAS/Drones) (Current Quantity: 17)
2. City of Fremont Mobile Command Vehicle (MCV) (Current Quantity: 1)
3. Lenco BearCat G2 (Current Quantity: 1)
4. Lenco BearCat/MedEvac (Current Quantity: 1) - Shared with San Leandro
5. Ford Transit – 350 Crew (Current Quantity: 1 )
6. Icor Caliber T5 Robot (Current Quantity: 1)
7. Defense Technologies Low Roll 12 gram non reloadable distraction device with safety clip (Current Quantity: NFDD (part #8902NRSC/8902NR-HH) – 27, Training Fuze (part #1697TSC) – 21)
8. Deftech LMT 40 mm kinetic energy projectiles with 40 mm projectiles (Current Quantity: 110)
9. Remington Breaching Shotgun (Model 870, 12 Gauge) (Current Quantity: 25)
10. Sig Sauer MCX Virtus multi-caliber 223/556/300 black-out rifle and ammunition (Current Quantity: 11)
11. Sig Sauer MCX multi-caliber modular rifle, 300 BLK 5.75" duty barrel, a 5/56 caliber 11" barrel (Current Quantity: 27)
12. Rock River Arms, LAR -15 (Current Quantity: 11)
13. Pepper-ball VKS Launcher (Current Quantity: 24)
14. Defense Technologies CS Gas systems (Current Quantity: Pocket Tactical CS (part #1016) - 20, Spede Heat CS (part #1072) - 20, 40mm Ferret Round CS (part #2262) - 69, Tri-chamber flameless CS (part #1032) - 20, Triple Chaser CS (part #1026) - 44, Han-ball CS (part #1092) - 0, 75 yard 40mm Spede heat (part #6282) - 24)
15. Defense Technologies flashbang systems (Current Quantity: 100-Meter 40mm Aerial Flashbang - 30) It should be noted, the numerical inventory of military equipment may fluctuate based upon a variety of reasons. Factors suc h as operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines or schedules may change the quantity of inventory. Fremont Police Department is committed to providing the most accurate military equipment inventory and information at the time of the publication of this report. The current inventory list of FPD military equipment can be found at https://www.fremontpolice.gov/ab481.
Fremont Police Department
April 2025 - March 2026
Annual Military Equipment
Use Report
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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT)
MILITARY EQUIPMENT USE
Fremont Police Department
April 2025 - March 2026
Annual Military Equipment
Use Report
This section outlines the military equipment usage for April 2025 - March 2026 by Fremont Police Department. Certain items of military equipment, particularly consumables (ammunition, diversionary devices, pepper balls, chemical agents, etc.) are used throughout the year on a regular basis for training in order to maintain proficiency. Training usage is NOT captured in this section. This section only provides data for the OPERATIONAL USE of military equipment listed within this annual report.
The mere possession of the equipment does not warrant its use for every incident.
The following is the data for military equipment usage by category for this reporting period:
1. UNMANNED AERIAL S YSTEMS (UAS/DRONES)
Unmanned Aerial Systems, also commonly referred to as “drones” were utilized a total of 1,089 times during this reporting period. These deployments include:
• UAS was deployed to conducting overwatch and intelligence gathering for investigative, specialty units, and Special Response Team (SRT) during critical incidents and investigations. • Assisting patrol with establishing overwatch during perimeters, for the apprehension of suspects, and search and rescue for missing at-risk persons. • Conducted aerial evidence collection for the traffic unit at the scene of major collisions. • Assisting Crime Scene Investigators (CSIs) with the documentation of major investigations • The DJ Mavic 2 Enterprise drones are non-operational. The department is working on properly decommissioning this equipment and will remove these items from reporting once they are no longer in the inventory.
More information can be found at: https://fremontpolice.gov/UAV
2. MOBILE COMMAND VE HICLE (MCV)
The Mobile Command Vehicle (MCV) was deployed a total of 4 times during this reporting period.
These deployments include:
• Support for a SRT preplanned operation
• Special Events
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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT)
April 2025 - March 2026
Annual Military Equipment
Use Report
3. LENCO BEARCAT G2
The Bearcat was deployed 9 times during this reporting period. These deployments include:
• SRT deployment for pre-planned operations
• Patrol deployments during critical incidents where there is imminent threat to life
• Special events
4. LENCO BEARCAT/MED EVAC
The Bearcat/Medevac was deployed 1 time during this reporting period. This deployment was in support of an SRT operation.
5. FORD TRANSIT - 350 CREW (HOSTAGE NEGOT IATOR TEAM)
The Ford Transit van is deployed exclusively with the Hostage Negotiator Team (HNT). The van was deployed 1 time during this reporting period, in which HNT participated in intelligence-gathering in support of an SRT callout.
6. ICOR CALIBER T5 R OBOT
The ICOR Caliber T5 Robot was deployed 1 time during this reporting period. This deployment was in support of an SRT operation.
7. DEFENSE TECHNOLOG IES LOW ROLL 12 GRAM NON-RELOADABLE DIST RACTION DEVICE WITH SAFETY CLIP (MODEL: 8902NR)
The Defense Technologies Low Roll 12 Gram Non-Reloadable Distraction Device with Safety Clip has been deployed 0 times during this reporting period.
8. DEFENSE TECHNOLOG IES LMT 40 MM KINETIC ENERGY PROJECTILES WITH 40MM
PROJECTILES
The Defense Technologies LMT 40 MM Kinetic Energy Projectiles was deployed/discharged 15 times during this reporting period. The 40 MM launcher was deployed as a less-lethal device to overcome violent behavior and as a de-escalation tool to breach barriers such as vehicle windows and a shed door.
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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT)
April 2025 - March 2026
Annual Military Equipment
Use Report
9. REMINGTON BREACHI NG SHOTGUN (MODEL 87 0, 12 GAUGE)
Remington Breaching Shotguns was deployed/discharged 0 times during this reporting period.
10. SIG SAUER MCX VI RTUS MULTI -CALIBER 2 23/556/300 BLACK -OUT RIFLE AND AMMUNITIO N
Sig Sauer MCX Virtus Multi-Caliber 223/556/300 Black-out rifles were deployed/discharged 0 times during this reporting period.
11. SIG SAUER MCX MULTI-CALIBER MODULAR RIFLE, 300 BLK 5.75" DUTY BARREL, A 5/56 CALIBER 11" BARREL
Sig Sauer MCX multi-caliber modular rifles were deployed/discharged 0 times during this reporting period.
12. ROCK RIVER ARMS, LAR-15
Rock River Arms LAR-15s were deployed/discharged 0 times during this reporting period.
13. PEPPER BALL VKS LAUNCHER
Pepper ball VKS Launchers were deployed/discharged 5 times during this reporting period. The Pepper Ball VKS Launcher was deployed as a less-lethal force option in incidents that included the apprehension of barricaded armed suspects who brandished weapons and had felony warrants.
14. DEFENSE TECHNOLOG IES CS GAS SYSTEMS
Defense technologies CS gas systems which include: Pocket Tactical CS, Spede Heat CS, 40mm Ferret Round CS, Tri-chamber flameless CS, Triple Chaser CS, Han-ball CS, and 75-yard 40mm Spede heat CS; were deployed 0 times during this reporting period.
15. DEFENSE TECHNOLO GIES FLASHBANG SYSTEMS
Defense technologies flashbang systems which include the 100 Meter 40mm Aerial Flashbang and the 75 Meter 40mm Aerial Flashbang; were deployed 0 times during this reporting period.
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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT)
April 2025 - March 2026
Annual Military Equipment
Use Report
SUMMARY OF COMPLAINTS OR CONCERNS
Fremont Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.
There were 0 formal complaints, or officer involved shootings related to the use of military equipment as investigated by Fremont Police Department’s Internal Affairs Unit during this reporting period.
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this policy by any of the following means:
1. Via email to: [email protected]
2. Via phone call to: 510-790-6900
3. Via mail sent to: Fremont Police Department, 2000 Stevenson Blvd, Fremont, CA 94538
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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT)
April 2025 - March 2026
Annual Military Equipment
Use Report
SUMMARY AND RESPONSES TO MILITARY EQUIPMENT USE
POLICY VIOLATIONS
FPD did not have any policy violations with the deployment or use of military equipment; therefore, it did not need to conduct any internal audits.
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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT)
April 2025 - March 2026
Annual Military Equipment
Use Report
FISCAL IMPACT
Fremont Police Department is budgeted for 205 sworn officers and 118 professional staff. The operating budget for the department for the 2025-2026 fiscal year is $127,766,090.00.
The City of Fremont adopts an operating budget on a fiscal year basis (beginning July 1). The equipment owned and possessed by the department was approved in May of 2025 by the City of Fremont City Council. The cost of equipment purchases and expenditures is reflected in this report for April 2025 to March 2026 pursuant to Assembly Bill 481.
During this reporting period, Fremont Police Department spent approximately $31,053.39 for equipment and training specified in AB 481. The total expenditures represent 0.024% of Fremont Police Department’s operational budget. No grant funding was utilized for training or equipment acquisition during this reporting period.
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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT)
April 2025 - March 2026
Annual Military Equipment
Use Report
TRAINING SUMMARY
The safe and proficient use of the equipment outlined by AB481 requires countless hours of initial and on-going training as well as required certifications. Most training for department personnel is conducted internally by department personnel to ensure adherence to law and policy. There are times when department personnel are sent to external training courses to enhance and supplement internal trainings and to obtain train the trainer certifications. Consumable and non-consumable equipment are used during training to ensure proficiency and competency during real-life emergencies. Funding sources for all internal and external training are reflected in the Fremont Police Department’s operations budget. https://www.fremont.gov/government/departments/finance/financial-reports
TRAINING COSTS
The following is a breakdown of training costs associated with each piece of authorized military equipment. The quantity captured within the “consumable equipment” column indicates equipment that was expended during training. The personnel cost of training is captured in the department’s general operating budget to include line-items in the Training Unit budget as well as individual department units who train to utilize authorized military equipment. # Equipment Consumable
Equipment Used
External Train-
ing
Total
Cost
1. Unmanned Aerial System (UAS/Drones) $0 $3,993 $3,993
2. City of Fremont Mobile Command Vehicle (MCV) $0 $210 $210
3. Lenco BearCat G2 $0 $0 $0
4. Lenco BearCat/MedEvac $0 $0 $0
5. Ford Transit—350 Crew $0 $0 $0
6. Icor Caliber T5 Robot $0 $0 $0
7. Defense Technologies Low Roll 12 Gram with Safety Clip $0 $0 $0
8. Deftech LMT 40 MM Kinetic Energy Projectiles $0 $0 $0
9. Remington Breaching Shotgun (Model 870, 12 Gauge) $0 $0 $0
10. Sig Sauer MCX Virtus Multi-Caliber 223/556/300 $0 $0 $0
11. Sig Sauer MCX Multi-Caliber Modular Rifle, 300 BLK 5.75 $17,575.70 $0 $17,575.70
12. Rock River Arms, LAR—15 $0 $0 $0
13. Pepperball VKS Launcher $0 $0 $0
14. Defense Technologies CS Gas Systems $0 $0 $0
15. Defense Technologies Flashbang Systems $0 $0 $0
Total: $17,575.70 $4,203 $21,778.7
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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT)
April 2025 - March 2026
Annual Military Equipment
Use Report
EQUIPMENT COSTS
The following were the equipment related expenditures for April 2025 to March 2026. Also listed is the projection of expenses in calendar year 2026/27. Equipment expenditures include the acquisition of new equipment, the replacement or repair of damaged equipment, and the ongoing maintenance of our AB 481 military equipment which are captured in our Annual Maintenance/Replacement column.
# Equipment Type Acquisitions Annual Maintenance/
Replacement
Projections
1. Unmanned Aerial Systems (UAS) $0 $2,026.72 $150,000 (DFR)
2. Mobile Command Vehicle (MCV) $0 $1,856.75 $0
3. Lenco BearCat G2 $0 $5,116.22 $0
4. Lenco BearCat/MedEvac $0 $0 (San Leandro PD pays) $0
5. Ford Transit—350 Crew $0 $0 $105
6. I-Cor T5 Robot $0 $0 $0
7. Defense Technologies Low Roll 12
*Training Devices Included*
$0 $0 $0
8. Deftech LMT 40mm Kinetic Energy $0 $0 $0
9. Remington Breaching Shotgun (870) $0 $0 $0
10. Sig Sauer MCX Virtus Multi-Caliber 223/556/300 $0 $0 $0
11. Sig Sauer MCX Multi-Caliber Modular Rifle, 300
BLK 5.75
$0 $275 $0
12. Rock River Arms, LAR—15 $0 $0 $0
13. Pepperball VKS Launcher $0 $0 $0
14. Defense Technologies CS Gas Systems $0 $0 $0
15. Defense Technologies Flashbang Systems $0 $0 $0
TOTAL: $0 $9,274.69 $105
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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT)
April 2025 - March 2026
Annual Military Equipment
Use Report
PROJECTED ACQUISITIONS FOR 2026-27
While some purchases and acquisitions can be anticipated, the unanticipated replacement of existing AB 481 equipment may be necessary due to damage beyond that of repair. Replacement of these items will be handled on a case-by-case basis dependent on operational and departmental need.
These unexpected needs-based acquisitions will be in accordance with department policy and AB 481.
CONSUMABLE MILITARY EQUIPMENT
Consumable AB 481 military equipment acquisitions in the next 12 months will remain consistent with current department replenishment schedules and policies. Acquisitions and purchasing of these consumables will replenish quantities previously approved by the department.
Categories of consumables are as follows:
• Ammunition- all calibers
• Diversionary Devices
• Chemical Agents and Smoke Canisters
• Specialty Munitions (40mm and Less Lethal Munitions)
• VKS Rounds
Non-consumables are as follows:
• The department anticipates seeking council authorization to purchase one (1) Long-Range Acoustic Device (LRAD) during the 2026/27 reporting period. Approximate purchase price is $29,841.00.
• The department anticipates seeking council authorization to use Community Oriented Policing Services (COPS) funds to purchase Drone as First Responder boxes during the 2026/27 reporting period. Approximate purchase price is $150,000.
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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT)
April 2025 - March 2026
Annual Military Equipment
Use Report
CONCLUSION
This Annual Military Equipment Use Report is intended to not only adhere to the law and FPD policy, it also demonstrates our commitment to transparency with information provided to our community and elected officials. The equipment, resources, and training outlined in this report support Fremont Police Officers’ efforts to protect our communities, and enhance the safety of the public and officers. Our police department firmly believes responsible use of the equipment described in this report enhance our ability to deliver the highest level of professional, efficient and effective service when faced with incidents requiring a thoughtful law enforcement response.
Understanding law enforcement is a partnership between the police and community, we will continue to serve and do all we can to guard against harmful actions of a few individuals. FPD prides itself on providing “Public Safety through Professional Law Enforcement.” General Contact information:
Office of Professional Standards and Accountability
1. Via email to: [email protected]
2. Via phone call to: 510-790-6900
For more information on FPD Military Equipment visit: https://www.fremontpolice.gov/ab481
fremontpolice.gov
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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT) Policy
708
Fremont Police Department
Fremont PD CA Policy Manual
Copyright Lexipol, LLC 2025/11/17, All Rights Reserved.
Published with permission by Fremont Police Department
Military Equipment - 1
Military Equipment
708.1 PURPOSE AND SCOPE
State MODIFIED
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment, (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
State MODIFIED
Definitions related to this policy include (Government Code § 7070):
Exigent Circumstances - a good faith belief by the Police Chief or designee that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
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Attachment: Military_Equipment_Policy 708 (5701 : MILITARY EQUIPMENT ANNUAL REPORT) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/11/17, All Rights Reserved.
Published with permission by Fremont Police Department
Military Equipment - 2
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Type – each item that shares the same manufacturer model number. 708.2 POLICY
State MODIFIED
It is the policy of the Fremont Police Department to acquire and use equipment designed to enhance law enforcement's ability to ensure public safety and welfare. It is the policy of the Fremont Police Department that members of this department comply with the provisions of Government Code § 7071 and Fremont Municipal Code Chapter 8.80 with respect to military equipment. California Government Code § 7070 provides a list of equipment types that are considered to be "military equipment" for purposes of this policy requirement, and this Military Equipment Policy includes information for any such equipment types that are utilized by the Fremont Police Department.
Items deemed to be "military equipment" by Government Code § 7070 are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen safety, officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the Fremont Police Department. The term "military equipment", as used in Government Code § 7070, in fact does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be "military equipment" include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper- ball launchers, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and distraction devices.
The Fremont Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The Fremont Police Department does not participate in the Law Enforcement Support Officer (LESO) 10-33 program. The department does not currently receive or utilize surplus military equipment from the Federal government. It is the policy of the Fremont Police Department to acquire and use equipment designed to enhance law enforcement's ability to ensure public safety and welfare. 708.3 MILITARY EQUIPMENT COORDINATOR
Best Practice MODIFIED
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
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Attachment: Military_Equipment_Policy 708 (5701 : MILITARY EQUIPMENT ANNUAL REPORT) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/11/17, All Rights Reserved.
Published with permission by Fremont Police Department
Military Equipment - 3
(b) Identifying currently utilized department equipment that qualifies as military equipment, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory or audit of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Fremont Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
(a) Publicizing the agenda of the meeting.
(b) Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
(h) Ensuring this policy is publicly available on the Department's website. 708.4 MILITARY EQUIPMENT INVENTORY
State MODIFIED
The following constitutes a list of qualifying equipment that is utilized by the Department:
• Unmanned Aircraft Systems (UAS/Drones)
• City of Fremont Mobile Command Vehicle (MCV)
• Lenco BearCat G2
• Lenco BearCat/MedEvac
• Ford Transit – 350 Crew
• Icor Caliber T5 Robot
• Defense Technologies Low Roll 12 gram non reloadable distraction device with safety clip
• Deftech LMT 40 mm kinetic energy projectiles with 40 mm projectiles • Tippmann FTC Pepper-ball launchers
• Remington Breaching Shotgun (Model 870, 12 Gauge)
• Sig Sauer MCX Virtus multi-caliber 223/556/300 black-out rifle and ammunition • Sig Sauer MCX multi-caliber modular rifle, 300 BLK 5.75" duty barrel, a 5/56 caliber 11" barrel,
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Attachment: Military_Equipment_Policy 708 (5701 : MILITARY EQUIPMENT ANNUAL REPORT) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/11/17, All Rights Reserved.
Published with permission by Fremont Police Department
Military Equipment - 4
• Rock River Arms, LAR -15
• Pepper-ball VKS Launcher
• Defense Technologies CS Gas systems
• Defense Technologies flashbang systems
Exhibit 1 to this policy further describes the qualifying equipment that is utilized by the Fremont Police Department, along with additional information about the qualifying equipment. 708.5 APPROVAL
State MODIFIED
The City Council has approval by way of an ordinance adopting this policy. As part of the approval process, the Chief of Police submitted this policy to the City Council and made this policy available on the department website at least 30 days prior to the public meeting by the City Council concerning the military equipment at issue (Government Code § 7071). The military equipment policy was approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a; (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers;
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing;
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department; (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council;
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment; and
(g) Acquiring military equipment through any means not provided above.
In approving this policy, the City Council determined the following:
(a) The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (b) The Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
708.6 COORDINATION WITH OTHER JURISDICTIONS
State MODIFIED
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Attachment: Military_Equipment_Policy 708 (5701 : MILITARY EQUIPMENT ANNUAL REPORT) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/11/17, All Rights Reserved.
Published with permission by Fremont Police Department
Military Equipment - 5
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy and FMC Chapter 8.80.
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with the policy and FMC Chapter 8.80. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment policies when rendering assistance.
708.7 TRAINING
Agency Content
An officer or employee must complete training requirements set by the department prior to deploying or using military equipment listed in this policy and Exhibit 1 to this policy. 708.8 USE IN EXIGENT CIRCUMSTANCES
Agency Content
In exigent circumstances and with the approval of the Chief of Police or designee, the department may acquire, borrow and/or use military equipment that is not included in the military equipment inventory section of this policy.
In accordance with this section, if the department acquires, borrows, and/or uses military equipment in exigent circumstances, it must take all of the following actions. • Provide written notice of the acquisition or use to the City Council within 30 days following commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. • If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended military equipment policy to the City Council within 90 days following the borrowing, acquisition and / or use, and receive approval for continued use.
• Include the equipment in the department's next annual military equipment report. 708.9 ANNUAL REPORT
State MODIFIED
The Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved annually for as long as the military equipment is available for use (Government Code § 7072).The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
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Attachment: Military_Equipment_Policy 708 (5701 : MILITARY EQUIPMENT ANNUAL REPORT) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/11/17, All Rights Reserved.
Published with permission by Fremont Police Department
Military Equipment - 6
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in thecalendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Fremont City Council will use the Annual Report as a mechanism to ensure the Fremont Police Department's compliance with this Military Equipment Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Policy for the subsequent year.
The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.10 COMMUNITY ENGAGEMENT
Agency Content
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
708.11 PUBLIC COMPLAINTS
State MODIFIED
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this policy by any of the following means:
(a) Via email to: [email protected]
(b) Via phone call to: 510-790-6900
(c) Via mail sent to: Fremont Police Department, 2000 Stevenson Blvd, Fremont, CA 94538
The Fremont Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.
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Attachment: Military_Equipment_Policy 708 (5701 : MILITARY EQUIPMENT ANNUAL REPORT) Fremont City Council Meeting: 05/05/26 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5693) DOC ID: 5693
Updated: 5/1/2026 11:06 AM by Dina Lewis Page 1
Participation in Alameda County Home Program - Request for Continued Participation in the Alameda County HOME Investment Partnership Act (HOME) Program Consortium
Contact Persons:
Name: Robert Lopez Arquimides Caldera
Title: CDBG Administrator Human Services Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2043 510-574-2056
E-Mail: [email protected] [email protected]
Executive Summary: Alameda County (County) has received Federal HOME Investment Partnership Act (HOME) funds from the U.S. Department of Housing and Urban Development (HUD) since 1990 and serves as the lead agency for the Alameda County Home Consortium (Consortium). Through the Consortium, the County equitably distributes funding to participating local cities for the acquisition, rehabilitation, and new construction of affordable housing, as well as for tenant-based rental assistance.
The City is currently a member of the Consortium and to secure future HOME funding in the future, Staff recommends the City Council adopt a resolution approving the City’s continued participation in the Alameda County HOME Program Consortium for Federal Fiscal Years 2027/28, 2028/29, 2029/30, and delegating authority to the City Manager, or designee, to execute a Cooperative Agreement between the City of Fremont and Alameda County and to take all other actions necessary to ensure City’s participation in the Consortium.
Background: Title II of the Cranston-Gonzales National Affordable Housing Act of 1990 created the HOME Investment Partnership Program (Home Program) to provide flexible funding to states and local governments for affordable housing programs for lower income households. In general, HOME funds can be used to acquire, rehabilitate, finance, and construct affordable housing, as well as to provide tenant-based rental assistance.
Since 1991, the City of Fremont has participated in the Alameda County HOME Program Consortium (Consortium). Participation in the Consortium has historically been renewed for three-year periods. On June 6, 2023, the City Council approved Fremont’s participation in the Consortium through June 2027. Members of the Consortium include the cities of Fremont,
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Alameda, Hayward, Livermore, Pleasanton, San Leandro, Union City, and Alameda County, representing the unincorporated portions of the County, as well as the cities of Albany, Dublin, Emeryville, Newark, and Piedmont. The City wishes to continue participating in the HOME Program for Federal Fiscal Years 2027/28, 2028/29 and 2029/30, and the Alameda County HOME Consortium staff has requested advance approval from each participating jurisdiction to ensure continued participation in the Consortium.
HOME Funds Uses: The City’s historic use of HOME funds during the last ten years is illustrated in Table 1 below. These allocations have included project types such as very low-income housing, units for those with mental disabilities, units for veterans, and expenditures for tenant-based rental assistance programs like the Family Resource Center Stay Housed program and Abode Services’ Rapid Rehousing program.
Table 1: Historic Uses of HOME funds
Project
Allocation
Year
Project
Sponsor
Projects &
Programs
HOME
Funds
Number of
Units
Population
Served
2016 Fremont Family
Resource Center
Homeless
Prevention
$150,000 Provide at
least 12
rental
subsidies
Very low-income
families
2016 Abode Services
Project
Independence III
$63,000 Provide up
to 5 rental
subsidies
Extremely low-
income young
adults
emancipated or
aged out of the
foster care
system
2016 Eden Housing
Mission Court
$538,000 90 units Extremely low
and very low-
income seniors
2017 Abode Services
Project
Independence IV
$60,000 Provide up
to 5 rental
subsidies
Extremely low-
income young
adults
emancipated or
aged out of the
foster care
system
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Project
Allocation
Year
Project
Sponsor
Projects &
Programs
HOME
Funds
Number of
Units
Population
Served
2017 Abode Services
Rapid Rehousing
$75,000 Provide up
to 15 rental
subsidies
Very low-income
homeless
families
2017
Fremont Family
Resource Center
Homeless
Prevention
$171,430 Provide at
least 13
rental
subsidies
Very low-income
families
2018 Abode Services
Project
Independence V
$35,000 Provide up
to 4 rental
subsidies
Extremely low-
income young
adults
emancipated or
aged out of the
foster care
system
2019 Abode Services
Rapid Rehousing
$75,000 Provide up
to 15 rental
subsidies
Very low-income
homeless
families
2020 Fremont Family
Resource Center
Homeless
Prevention
$171,430 Provide at
least 13
rental
subsidies
Very low-income
families
2020 Abode Services
Rapid Rehousing
$75,000 Provide up
to 15 rental
subsidies
Very low-income
homeless
families
2021 Fremont Family
Resource Center
Homeless
Prevention
$171,430 Provide at
least 13
rental
subsidies
Very low-income
families
2021 Abode Services
Rapid Rehousing
$75,000 Provide up
to 15 rental
subsidies
Very low-income
homeless
families
2021 Bell Street
Gardens
Affordable
Apartments
$1,000,000 Develop
128 units
Very low-income
and extremely
low-income
homeless
families
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Project
Allocation
Year
Project
Sponsor
Projects &
Programs
HOME
Funds
Number of
Units
Population
Served
2022 Fremont Family
Resource Center
Homeless
Prevention
$171,430 Provide at
least 13
rental
subsidies
Very low-income
families
2022 Abode Services
Rapid Rehousing
$75,000 Provide up
to 15 rental
subsidies
Very low-income
homeless
families
2023 Fremont Family
Resource Center
Homeless
Prevention
$171,430 Provide at
least 13
rental
subsidies
Very low-income
families
2023 Abode Services
Rapid Rehousing
$75,000 Provide up
to 15 rental
subsidies
Very low-income
homeless
families
2024 Fremont Family
Resource Center
Homeless
Prevention
$171,430 Provide at
least 13
rental
subsidies
Very low-income
families
2024 Abode Services
Rapid Rehousing
$75,000 Provide up
to 15 rental
subsidies
Very low-income
homeless
families
2025 Fremont Family
Resource Center
Homeless
Prevention
$171,430 Provide at
least 13
rental
subsidies
Very low-income
families
2025 Abode Services
Rapid Rehousing
$75,000 Provide up
to 15 rental
subsidies
Very low-income
homeless
families
Discussion/Analysis: To be eligible to continue receiving Federal HOME funds, Fremont must continue its participation in the Alameda County HOME Program Consortium of contiguous jurisdictions. Under federal law, Fremont is not eligible to receive an independent entitlement of HOME grant funds because it does not meet the minimum threshold, which is based on the percentage of jurisdiction’s population at the poverty level. It is anticipated that all cities currently participating in the Consortium will continue to participate for the next three-year period. Continued participation in the
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Consortium does not commit the City to any particular project or activity, and all projects undertaken in the City with HOME funds must have prior approval of the City Council. If the Council approves continued participation in the Consortium, Fremont could receive approximately $377,733 per year based on prior allocations; however, HOME fund allocations are dependent on the HOME Program appropriation levels established by Congress. This funding is considered an important source to support homelessness prevention efforts, as prioritized in the City’s Homeless Response Plan.
Under federal regulations, participating jurisdictions may allocate up to 10% of HOME funds for program administration. Participating jurisdictions in the Alameda County HOME Program Consortium pay the County an administrative fee of 5% of the jurisdiction’s share of the HOME funds, but the remaining 5% can be used by each jurisdiction to pay for HOME-related program administration.
Fiscal Impact: Sponsors of HOME funded projects or programs must provide a funding match equal to 25% the awarded HOME funds. The City is the project sponsor of the Fremont Family Resource Center Homeless Prevention program. Operating budgets for Fiscal Years 2027/28, 2028/29 and 2029/30 would allocate amounts in the City-Funded Affordable Housing Fund and the Family Resource Center Operating Fund to meet the matching requirement.
Environmental Review: The proposed action is exempt from and not subject to review under the California Environmental Quality Act (CEQA) either because it is not a “project” as defined in CEQA Guidelines Section 15378(b), or because it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment as specified in CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS:
• res. 2026-xx authorizing continued participation in county home consortium
RECOMMENDATION: Adopt a Resolution:
1. Approving the City’s continued participation in the Alameda County HOME Program Consortium for the next three Federal Fiscal Years (2027/28, 2028/29 and 2029/20) for the purpose of securing Federal HOME funds; and
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2. Delegating authority to the City Manager, or designee, to execute a Cooperative Agreement with Alameda County, as well as any other documents required for the City’s continued participation in the Alameda County HOME Consortium, and to take all actions necessary to maintain the City’s eligibility for the Consortium and HOME funding in accordance with the National Affordable Housing Act of 1990.
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RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT APPROVING THE CONTINUED PARTICIPATION IN THE
ALAMEDA COUNTY HOME CONSORTIUM FOR HOME FUNDS AND
DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE
NECESSARY ACTIONS TO MAINTAIN THE ELIGIBILITY OF THE
CONSORTIUM FOR HOME PROGRAM FUNDS IN ACCORDANCE
WITH THE NATIONAL AFFORDABLE HOUSING ACT OF 1990
WHEREAS, the Congress of the United States has enacted the Cranston-Gonzalez National Affordable Housing Act of 1990 (“Act”) and Federal regulations have been adopted pursuant thereto; and
WHEREAS, Title II of the Act creates the HOME Investment Partnership Program (“HOME Program”) that provides funds to participating jurisdictions for the acquisition, rehabilitation, and new construction of affordable housing, and homebuyer and tenant-based rental assistance; and
WHEREAS, the Act allows local governments to form consortia for the purpose of receiving and administering HOME funds and carrying out purposes of the Act; and
WHEREAS, the cities of Alameda, Fremont, Hayward, Livermore, Pleasanton, San Leandro and Union City have expressed their interest in joining with the Alameda County Urban County (consisting of the cities of Albany, Dublin, Emeryville, Newark, Piedmont, and the unincorporated County) to continue in the Alameda County HOME Consortium for federal fiscal years 2027, 2028, and 2029;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
1. The City Council hereby approves the City’s continued participation in the Alameda County HOME Program Consortium for the next three (3) Federal Fiscal Years 2027/28, 2028/29, and 2029/30 for the purpose of securing federal HOME funds.
2. The City Council delegates authority to the City Manager or designee to execute a Cooperative Agreement with Alameda County, as well any other documents required for the City’s continued participation in the Alameda County HOME Consortium, and to take all actions necessary to maintain the City’s eligibility for the Consortium and HOME funding in accordance with the National Affordable Housing Act of 1990.
3. This resolution shall take effect immediately upon its adoption.
ADOPTED, May 5, 2026, by the City Council of the City of Fremont by the following vote:
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Attachment: res. 2026-xx authorizing continued participation in county home consortium (5693 : PARTICIPATION IN COUNTY HOME
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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Attachment: res. 2026-xx authorizing continued participation in county home consortium (5693 : PARTICIPATION IN COUNTY HOME Fremont City Council Meeting: 05/05/26 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5696) DOC ID: 5696
Updated: 5/1/2026 11:46 AM by Dina Lewis Page 1
Mental Health Services Agreements - Authorize City Manager, or Designee, to Execute Amendment to Services Agreement with Alameda County Behavioral Health and to Execute a Services Agreement with La Familia Contact Persons:
Name: Annie Bailey Arquimides Caldera
Title: Youth and Family Services
Administrator
Human Services Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2056
E-Mail: [email protected] [email protected]
Executive Summary: As part of the Human Services Department’s Youth and Family Services (YFS) Division, Aging and Family Services (AFS) Division, and Family Resource Center (FRC) Division continued efforts to provide mental health services, Staff recommends that the City Council authorize the City Manager, or designee, to do the following:
1) Execute an amendment with Alameda County Behavioral Health (ACBH) in the amount of $1,536,869 for FY 2026/27 for the City to provide mental health services, resulting in a new total not-to-exceed amount of $4,321,349; and
2) Execute a Services Agreement with La Familia in the amount of $267,888 for the FRC Division to provide mental health counseling services, as part of a multi-disciplinary Working Wellness Program.
Background:
ACBH Mental Health Services Agreement
The City’s Human Services Department has provided Medi-Cal funded services to South Alameda County residents for many years, including mental health services, substance use disorder services, and Targeted Case Management Services.
Medi-Cal is California’s Medicaid health care program. Medi-Cal pays for services for children and adults with limited income and resources. Alameda County Behavior Health (ACBH) has provided reimbursement to the City for Early Periodic Screening Diagnosis and Treatment (EPSDT) services since FY 1999/2000 for youth and adult outpatient services based on the City’s actual costs up to a maximum allowed rate, which required the development of interim reimbursement rates and a final cost settlement each year.
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In FY 2025/26, as part of California Advancing and Innovating Medi-Cal (CalAIM) program, ACBH shifted the payment model for some behavioral health contracts. Under the new fee for service model, the City is no longer required to go through a cost settlement process and instead is paid a negotiated rate regardless of its actual costs. Alameda County invited the City to extend its current services agreement to provide Medi-Cal funded services for one year through FY 2026/2027.
The YFS Division provides approximately 7,000 hours of services to children with “full-scope Medi-Cal” (i.e., complete Medi-Cal coverage) that are funded through EPSDT, which is the joint county, state, and federal Medicaid reimbursement mechanism for services provided to children.
The FRC, YFS and AFS Divisions provide approximately 1,015 hours of Adult Outpatient Therapy services to 35 unduplicated adult clients with moderate to severe mental health issues.
Services are provided by licensed staff, Associate Social Workers, and graduate clinical interns.
La Familia Mental Health Services Agreement
The FRC Division has collaborated with Alameda County since 2001 to form a multi-disciplinary and multi-agency Family Service Team (FST) for clients with multiple issues, who are receiving public assistance through CalWORKs.
The City has provided mental health and wrap-around services, helping participants move from welfare to work.
In 2019, Alameda County re-bid this agreement and required providers to serve a much larger geographic area of the County which included the Tri-Cities, the Tri-Valley area, Hayward, and San Leandro. The City and La Familia submitted a successful joint application to provide these services to an expanded South Alameda County group of CalWORKs participants under a new program name, the Working Wellness Program, with La Familia serving as the lead agency and the City as a subcontractor.
Discussion/Analysis:
YFS Division: In FY 2026/27, the YFS Division will provide approximately 7,669 service hours in the following categories:
• Healthy Choices School-Site Counseling Services at Fremont school sites.
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• The Infant Toddler Program, which serves families with children who are five years old and younger. This program also includes the Early Connections project, which includes a full-time Family Partner that promotes family-driven mental health care for children. • The Youth Service Center, which serves youth with mental health needs and their families.
• The Truancy Intervention and Probation Youth Program, which serves pre-delinquent and delinquent youth and their families. • Outpatient Adult Mental Health brief therapy services (the AFS and FRC divisions will provide additional support in providing these services); and
• Intensive Care Coordination (ICC) for mental health clients. This is a form of Targeted Case Management (TCM) for youth.
The FRC Division: In FY 2026/27, the FRC Division will continue to assist clients who are on CalWORKs in removing barriers to employment. The FRC and La Familia’s collaborative Working Wellness program provides a coordinated and integrated system of support for clients and their families, which may include health, substance abuse and mental health services, as well as educational and job search assistance, aimed at helping clients to exit the CalWORKs system. The model invites the CalWORKs participant to be an active member of their treatment team. This program utilizes the Individual Placement and Support (IPS) model of Employment Services, provided by IPS staff from La Familia. In FY 2026/27, the FRC will provide approximately 766 hours of service to 26 unduplicated clients.
Fiscal Impact: Funding under these agreements offsets the costs of full-time mental health professionals, clinical supervision, clerical support costs and City overhead expenses. There is no impact to the General Fund.
While the reimbursement rates for the fee-for-service portions of the agreements may vary, the total amount for the FY 2026/27 ACBH amendment is $1,536,869, resulting in a new not-to-exceed amount of $4,321,349. The total not-to-exceed amount for the La Familia agreement is $267,888.
Funding for these programs will be included in the City’s FY 2026/27 proposed operating budget.
Environmental Review: The proposed actions are exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as that term is defined under CEQA Guidelines Sections 15378(b)(2), (4) and/or (5), or because it can be
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seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each of the foregoing providing a separate and independent basis for CEQA exemption.
Recommendations: Approve the following related to the delivery of mental health services:
1. Authorize the City Manager, or designee, to execute an amendment to the current Services Agreement with Alameda County Behavioral Health (ACBH) for the City to provide Mental Health services for FY 2026/27, in an amount not-to-exceed $1,536,869.
2. Authorize the City Manager, or designee, to execute a Services Agreement with La Familia for the FRC Division to provide mental health counseling services for FY 2026/27, as part of the Working Wellness Program, in an amount not-to-exceed $267,888.
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Fremont City Council Meeting: 05/05/26 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5698) DOC ID: 5698
Updated: 4/23/2026 9:11 AM by Dina Lewis Page 1
Forster Consulting Services Agreement Amendment - Authorize the City Manager, or designee, to execute an amendment to the Master Services Agreement with Forster Consulting Services to increase the not-to-exceed compensation an additional $50,000 to a new not-to-exceed compensation amount of $650,000.
Contact Persons:
Name: Jennifer Craven Joel Pullen
Title: Business Manager Community Development Director
Div/Dept: Community Development Community Development
Phone: 510-494-4554 510-494-4436
E-Mail: [email protected] [email protected]
Executive Summary: The proposed action would increase the maximum compensation allowed under the existing master services agreement with Forster Consulting Services, LLC (Forster) an additional $50,000 for a new, not-to-exceed compensation amount of $650,000.
Forster hazmat services include consultation on Planning land use entitlement requests involving chemicals, as well as all hazmat plan review and inspection services on new building permit requests.
The Fire Marshal is responsible for hazardous materials plan check and inspection services. The City outsources these services for new development to Forster. After initial construction, Fire Department inspectors manage all ongoing hazmat regulatory inspections.
Staff recommend that City Council authorize the City Manager, or designee, to execute the proposed MSA amendment to increase the Forster MSA not-to-exceed compensation to $650,000.
Background/Discussion: The City operates development permitting on a cost-center model, in which prospective applicants pay for the full cost of city permitting services instead of the general public. Some technical reviews are highly specialized, including hazardous materials consultation. For these specialized technical reviews, consultants are hired by the city at the applicant’s cost. The consultants are hired in accordance with the City’s purchasing ordinance and standard development requirements. This is done to manage the varying volume of review and ensure public safety and environmental protection is maintained. Staff regularly review the
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qualifications and costs of these consultants to ensure applicants are paying a reasonable cost and the city is getting trusted advice. Forster consulting is uniquely qualified to provide consulting services to protect the public interest at reasonable rates.
In September 2019, City Council authorized the execution of a five-year master services agreement (MSA) to provide on-call hazardous materials consultation and plan review services on new land use entitlement and building permit requests involving hazmat chemicals to Forster Consulting Services, LLC. The Forster MSA has been amended three times since its initial execution for the following reasons:
• Amendment 1: November 2023 – Added hazmat inspection services • Amendment 2: November 2024 – Extended term of MSA an additional two years through December 2026
• Amendment 3: July 2025 – Increased the maximum compensation $100,000 to new not-to-exceed compensation amount of $600,000
The proposed action would amend the MSA a fourth time to increase the maximum compensation amount allowed under the agreement an additional $50,000 for a new, not-to-exceed amount of $650,000.
New MSA: In Fall 2025, Community Development released a Request for Qualifications (RFQ) for a new batch of on-call consultant services to support the Department’s land use, affordable housing, and construction permitting needs. Review of the qualifications statements that were received from that RFQ is still in-process. Staff expect to request authorization to execute new master service agreements to support Community Development services as a result of the RFQ reviews by July, and so this extension would provide for on-call hazardous materials consultation in the interim. This new batch of on-call MSAs coming forward in July will provide for the continuation of on-call hazmat services.
Fiscal Impact: Since Forster MSA services are solely provided to applicants of land use entitlements and building permits that include operations involving hazardous materials chemicals, each applicant pays the full cost associated with Forster’s review and inspection services. As such, no General Fund monies are required and the service wholly funded by user fees.
Environmental Review: Environmental review is not required as the master service agreement and its amendment is not a project as described by California Environmental Quality Act (CEQA) Guideline
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Council Staff Report (ID # 5698) Meeting of May 5, 2026 Updated: 4/23/2026 9:11 AM by Dina Lewis Page 3
Sections 15061(b)(3) and 15378(b). It can be seen with certainty that there is no possibility that authorization of these agreements will have a significant effect on the physical environment.
Recommendation: Authorize the City Manager, or designee, to execute an amendment to increase the maximum compensation in the Forster Consulting Services, LLC, Master Services Agreement to $650,000.
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Fremont City Council Meeting: 05/05/26 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Public Projects
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5707) DOC ID: 5707
Updated: 5/1/2026 12:07 PM by Dina Lewis Page 1
FY 2026/27 SB1 Project List - Adopt a Resolution Approving a List of Projects for Funding by Revenues Authorized by the Road Repair and Accountability Act of 2017 (SB1) to Align with State Guidelines for Use of Funds; 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 facilitate compliance with the State’s accountability requirements for the use of Senate Bill 1 (SB1) funds. In Fiscal Year (FY) 2026/27, the City of Fremont expects to receive SB1 funds in the amount of $6.4 million and proposes to use these funds for the pavement rehabilitation project.
Background: On April 28, 2017, the Governor signed SB1, the Road Repair and Accountability Act of 2017. This bill enabled new revenue for state and local transportation projects through increases in gasoline and diesel fuel excise tax, along with an increase in vehicle registration fees. Portions of the revenues were directly allocated to cities for pavement maintenance, safety improvements, and “complete streets” (enhancing facilities for walking and bicycling). Other funding will be available on a competitive basis. The expected direct annual revenue for Fremont is $6.4 million for FY 2026/27.
In order to receive direct allocations of the SB1 revenues for FY 2026/27, cities must adopt a Council action and submit a list of projects to the California Transportation Commission (CTC) by July 1st with information about the proposed use of funds related to location, scope, and expected useful life of the project.
Discussion/Analysis: Staff recommends that Fremont’s SB1 funds of $6.4 million for FY 2026/27 and the remaining unspent SB1 funds of $0.1 million from FY 2025/26 be utilized on the following projects:
Project Name SB1 Funding
Amount
Pavement Rehabilitation (PWC 8234-Z) $6,500,000
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Council Staff Report (ID # 5707) Meeting of May 5, 2026 Updated: 5/1/2026 12:07 PM by Dina Lewis Page 2
Any SB1 funds not used for the above listed project will be used for future SB1 projects.
Fiscal Impact: The adoption of a SB1 Project List is required by the State to receive $6.4 million in planned state revenue for transportation projects.
Environmental Review: The proposed action is not a project as defined by Public Resources Code Section 21065 and is further exempt from CEQA review as an administrative and funding activity that will not result in direct or indirect physical changes in the environment under CEQA Guidelines Section 15378(b).
ATTACHMENTS:
• Draft Resolution- Fremont FY26-27 SB 1 Project List
Recommendation: Approval of the following actions related to the FY 2026/27 SB1 Project List:
1. Adopt a Resolution Approving a List of Projects Funded by SB1, the Road Repair and Accountability Act for FY 2026/27.
2. Find that the action is exempt from environmental review, CEQA Guidelines Section 15378(b) (administrative activity).
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Resolution 2026-XX Page 1 of 4
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 202 6-27
FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), California Streets and Highways Code Section 2030 et seq., was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Fremont are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Fremont must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Fremont will receive an estimated $6.4 million in RMRA funding in Fiscal Year 2026-27 from SB 1; and
WHEREAS, this is the tenth year in which the City of Fremont is receiving SB 1 funding that will enable the City of Fremont to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1 funding; and
WHEREAS, the City of Fremont has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and
WHEREAS, the City of Fremont used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and
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Attachment: Draft Resolution- Fremont FY26-27 SB 1 Project List (5707 : FY 2026/27 SB1 PROJECT LIST) Resolution 2026-XX Page 2 of 4
WHEREAS, the funding from SB 1 will help the City of Fremont maintain and rehabilitate 33 segments of streets throughout the City of Fremont this year and similar projects into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City of Fremont’s streets and roads are in a “good” condition, and this revenue will help increase the overall quality of our road system and the maintenance of our streets and roads over the next decade; and
WHEREAS, implementation of the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The following previously proposed and adopted projects may also utilize Fiscal Year 2026-27 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of Fremont is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Project Location and Description
Estimated
Useful Life
Anticipated
Construction
Date
Pavement Rehabilitation Project (PWC 8234-Z)
Project Locations:
1. Garrick Place – Whitehead Lane to End
2. Campus Drive – Dumbarton Circle to Kaiser
Drive
3. Paseo Padre Parkway – State Route 84 to
Dumbarton Circle
4. Deep Creek Road – Paseo Padre Parkway to
Ridgewood Drive
5. Creekwood Drive – Deep Creek Road to
Siward Drive
10-15 years Summer to Winter
2027
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Attachment: Draft Resolution- Fremont FY26-27 SB 1 Project List (5707 : FY 2026/27 SB1 PROJECT LIST) Resolution 2026-XX Page 3 of 4
Project Location and Description
Estimated
Useful Life
Anticipated
Construction
Date
6. Tar River Court – Darwin Drive to End
7. Vanda Way – Carnation Way to Plumeria Way
8. Hillview Drive – Niles Boulevard to Bodily
Avenue
9. D Street – Niles Boulevard to 2nd Street
10. Blacow Road – Thornton Avenue to Eggers
Drive
11. Sterling Drive and Court – Blacow Road to
End
12. Glenview Drive – Mattos Drive to Eggers
Drive
13. Northdale Drive – Blacow Road to Glenview
Drive
14. Mildred Drive – Roanoke Way to End
15. State Street – Beacon Avenue to Mowry
Avenue
16. Mowry Avenue (Eastbound) – I-880 to Farwell
Drive
17. Union Street – Lincoln Road to Wolcott Drive
18. High Street – Union Street to Farallon
Common
19. Washington Boulevard & Roberts Avenue
Intersection
20. Carol Avenue – Hooper Street to Roberts
Avenue
21. Fremont Boulevard Frontage Road (West Side)
– Delaware Drive to Doane Street
22. Fiesta Road – Valpey Park Drive to Don Way
23. Fremont Boulevard – Grimmer Boulevard to I-
880 Bridge
24. Fremont Boulevard – I-880 Bridge to Cushing
Parkway
25. Paseo Padre Parkway – Washington Boulevard
to Oakridge Drive
26. Durham Court – Durham Road to End
27. Stevie Court – Durham Road to End
28. Big Foot Court – Potawatami Drive to End
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Attachment: Draft Resolution- Fremont FY26-27 SB 1 Project List (5707 : FY 2026/27 SB1 PROJECT LIST) Resolution 2026-XX Page 4 of 4
Project Location and Description
Estimated
Useful Life
Anticipated
Construction
Date
29. Stanford Road – Mission Boulevard to
Vineyard Avenue
30. Warm Springs Boulevard – Reliance Way to
Brown Road
31. Mission Falls Lane – Warm Springs Boulevard
to Mission Falls Court
32. Kato Road – Flood Control Channel to Page
Avenue
33. Cochise Court – Plomosa Road to End
Project Description: Perform pavement
rehabilitation treatments consisting of localized dig
out repairs or overlays to 33 street segments consisting of 10 centerline miles of roadway and covering 2.3
million square feet of pavement surface.
ADOPTED_______________, 2026 by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney
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Attachment: Draft Resolution- Fremont FY26-27 SB 1 Project List (5707 : FY 2026/27 SB1 PROJECT LIST) Fremont City Council Meeting: 05/05/26 07:00 PM
3300 Capitol Avenue Div/Dept: Housing
Fremont, CA 94538 Category: Affordable Housing
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5625) DOC ID: 5625
Updated: 5/1/2026 12:40 PM by Dina Lewis Page 1
Bond Issuance for Resources for Community Development - Public Hearing (Published Notice) in Accordance with the Tax Equity and Fiscal Responsibility Act (TEFRA) to Consider the issuance of Tax-Exempt Bonds by California Municipal Finance Authority (CMFA) for Thornton Affordable Housing, LP. (Thornton and Post Apartments) and Making Findings of CEQA Exemption Contact Persons:
Name: Lucia Hughes David Persselin
Title: Housing Manager Finance Director
Div/Dept: Housing Finance Department
Phone: 510-494-4506 510-494-4631
E-Mail: [email protected] [email protected]
Executive Summary: The California Municipal Finance Authority (CMFA), a joint exercise of powers authority of which the City of Fremont is a member, has been asked by Resources for Community Development to serve as the conduit issuer of tax-exempt bonds for the Thornton & Post Apartments affordable housing project (the “Project”) in the City of Fremont. CMFA may not approve the bond financing unless and until the City Council approves the bond issuance after conducting a public hearing (referred to as a “TEFRA hearing”).
The federal Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) mandates a public accountability procedure involving the legislative body of a local agency in which a proposed project to be funded with tax-exempt bonds is located. The TEFRA hearing is a public inquiry required by the Internal Revenue Service intended to provide members of the community with an opportunity to speak on behalf of or against the proposed project.
Once the TEFRA hearing has been conducted, the City Council is asked to adopt a resolution approving the issuance of tax-exempt bonds for the project.
The bonds will be issued as limited obligations of CMFA, and the City will have no liability with respect to the bonds or any role to play in the bond issuance other than the TEFRA hearing.
Staff recommends that the City Council conduct a public hearing in accordance with the Tax Equity and Fiscal Responsibility Act and adopt a resolution approving the issuance of tax-exempt bonds for the Project.
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Council Staff Report (ID # 5625) Meeting of May 5, 2026 Updated: 5/1/2026 12:40 PM by Dina Lewis Page 2
Background: CMFA has been asked by Thornton Affordable Housing, L.P. (the “Borrower”) to serve as the conduit issuer of tax-exempt revenue bonds in an aggregate principal amount not to exceed $40,000,000 (together with a like amount of refunding bonds) (the “Bonds”) for the Project in the City of Fremont. CMFA may not approve the bond financing unless and until the City Council approves the bond issuance after conducting a TEFRA hearing. The proceeds of the Bonds will be used to finance and refinance the acquisition, construction, development and equipping of a 116-unit affordable rental project to be owned and operated by the Borrower and located at 37027 Post Street (formerly 3900 Thornton Avenue), Fremont, CA.
Discussion/Analysis: Resources for Community Development (“RCD”) is a nonprofit affordable housing developer based in Alameda County. For the past 40 years, RCD has provided high-quality housing for low-income people in over 26 cities in the Bay Area, Northern California. Their model integrates housing with social services and addresses affordability by focusing on people whose income is between 20% and 60% of Area Median Income (AMI).
The project is a proposed redevelopment of an under-utilized site into 116 new affordable apartments for families and individuals, including one unrestricted manager’s unit. Located near the Fremont-Centerville ACE/Amtrak station and AC Transit bus lines, this development will provide residents with access to a variety of local and regional amenities. The development is also located near parks, schools, and other community amenities. Studios, 1-, 2- and 3-bedroom units will be available in this development for people earning between 20% and 60% AMI. Ten units will be subsidized by HUD Section 811 and set aside for very low-income and extremely low-income adults with disabilities, ages 18-61. On-site amenities will include a large second-level courtyard space, community room, and secure bicycle parking. Resident services and case management will be provided directly on-site to residents on a voluntary basis, free of charge.
The building features up to 102 parking spaces. The corner of the ground level will include a 1,398 square-foot commercial space.
Affordability: As detailed below, all rents will be restricted to an affordable level for extremely low- and very low-income residents. The project is 100% affordable, with a mix of studios, 1-, 2- and 3-bedroom apartments, and restricted rents for a 55-year term.
• 9% (10 Units) restricted to households earning 20% or less of AMI • 32% (37 Units) restricted to households earning 30% or less of AMI
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Council Staff Report (ID # 5625) Meeting of May 5, 2026 Updated: 5/1/2026 12:40 PM by Dina Lewis Page 3
• 24% (28 Units) restricted to households earning 50% or less of AMI • 34% (40 Units) restricted to households earning 60% or less of AMI • 1 on-site manager’s unit
TEFRA Hearing: TEFRA mandates a public accountability procedure involving the legislative body of a local agency in which a proposed project to be funded with tax-exempt bonds is located. The TEFRA hearing is intended to provide members of the community with an opportunity to speak on behalf of or against the proposed project. Notice of the public hearing must be published in a newspaper of general circulation at least seven days prior to the date on which it is scheduled. To comply with federal tax laws, as well as with CMFA policy, once the TEFRA hearing is conducted, the City Council is asked to adopt a resolution approving the issuance of tax-exempt bonds for the project.
Project Financing: The costs of the project total approximately $99 Million.
A large part of the project cost is proposed to be financed through multi-family housing revenue bonds issued by CMFA, with Low Income Housing Tax Credits as another principal funding source. On November 2, 2021, the City Council awarded affordable housing funding and appropriated $7,600,000 in acquisition and pre-development funding to the project. On April 21, 2026, the City Council appropriated an additional $11,176,908 to the project for a total loan amount up to $18,776,908. Other funds will be from the Housing Trust Silicon Valley, Alameda County, Affordable Housing and Sustainable Communities, the Department of Toxic Substances Control, California Public Utilities Commission, General Partner, and Equity. A summary of the estimated sources and uses of funds for the project is presented in the following table.
A summary of the estimated sources and uses of funds for the project is presented below.
Sources of Funds: Uses of Funds:
Tax-Exempt Bond Proceeds:
$25,973,453
Land Acquisition: $6,600,000
Taxable Bond Proceeds: $41,266,874 New Construction: $65,125,136 Apple Construction Loan: $4,000,000 Architecture & Engineering:
$3,402,172
City of Fremont: $18,776,908 Legal & Professional: $193,029 AHSC Grant (GP Equity): $3,711,802 Construction Financing: $7,315,134 DTSC ECRG (GP Equity): $575,000 Insurance & Taxes: $1,063,346 CPUC (GP Equity): $72,960 Permits & Impact Fees: $5,229,338
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Council Staff Report (ID # 5625) Meeting of May 5, 2026 Updated: 5/1/2026 12:40 PM by Dina Lewis Page 4
Sources of Funds: Uses of Funds:
Alameda County HOME: $642,761 Developer Fee: $5,000,000 LIH Tax Credit Equity: $3,752,317 Costs of Issuance: $76,136
Contingency: $4,767,783
Total Sources: $98,772,075 Total Uses: $98,772,075
Fiscal Impact: The Bonds to be issued by CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.
The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Fremont, it is expected that that a portion of the issuance fee attributable to the City will be granted by CMFA to the General Fund of the City. Such grant may be used for any lawful purpose of the City.
The Borrower will be the beneficiary of the CMFA’s charitable donation through a 25% reduction in issuance fees.
Environmental Review: The Thornton & Post Apartments affordable housing development project satisfied all the eligibility requirements to qualify for processing under Government Code Section 65913.4, commonly known as Senate Bill (SB) 35. Accordingly, pursuant to SB 35, the project was subject to ministerial review and then approved on
September 22, 2022. The project was found to be exempt from the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Sections 15268 and 15369 (ministerial project) and was classified as "not a project" under CEQA. Additional environmental review under CEQA is not applicable pursuant to CEQA Guidelines Section 15061(b)(3) (Review for Exemption) and/or 15378(b)(2), (4) and/or (5), as the proposed activity to adopt a resolution to approve the issuance of bonds is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
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Council Staff Report (ID # 5625) Meeting of May 5, 2026 Updated: 5/1/2026 12:40 PM by Dina Lewis Page 5
ATTACHMENTS:
• TEFRA Resolution-Thornton
Recommendation:
1. Hold a public hearing in accordance with the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA); and,
2. Adopt a Resolution approving the issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority for the purpose of financing an affordable housing project in the City of Fremont to be developed by Thornton Affordable Housing, L.P. and making findings of CEQA exemption
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Resolution 2026-XX Page 1 of 3
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
APPROVING A PLAN OF FINANCE OF THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY TO ISSUE AND REISSUE REVENUE BONDS
FOR A QUALIFIED RESIDENTIAL RENTAL PROJECT FOR THE
BENEFIT OF THORNTON AFFORDABLE HOUSING, L.P., AND
CERTAIN OTHER MATTERS RELATING THERETO AND MAKING
FINDINGS OF CEQA EXEMPTION
WHEREAS, Resources for Community Development, a California nonprofit public benefit corporation (the “Developer”), on behalf of Thornton Affordable Housing, L.P., a California limited partnership, or another ownership entity created by RCD GP II LLC, a California limited liability company, its general partner (the “General Partner”), or by another affiliate of the Developer (such limited partnership or other ownership entity (the “Borrower”), has requested that the California Municipal Finance Authority (the “Authority”) undertake a proposed plan of finance to issue and reissue from time to time one or more series of revenue bonds in an outstanding principal amount not to exceed $40,000,000 (the “Bonds”) to finance and refinance the acquisition, construction, development and equipping of a 116-unit qualified residential rental project (the “Project”) to be owned and operated by the Borrower and located at 37027 Post Street (formerly 3900 Thornton) within the City of Fremont, California (the “City”); and WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is to be located is required to approve the proposed plan of finance for the Project under Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”); and
WHEREAS, the Fremont City Council (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code because the Project is located within the territorial limits of the City; and
WHEREAS, the Authority has advised that the Bonds may be issued pursuant to a “plan of finance” to issue an original issue of Bonds and to issue or reissue one or more additional series of Bonds from time to time after the original issue of Bonds, if necessary or desirable to comply with applicable legal requirements, all in an aggregate principal amount not to exceed $40,000,000 to finance the Project, and all within the three-year period commencing on the date of the issuance of the first series of Bonds pursuant to this resolution; and
WHEREAS, the Authority has requested that the City Council approve the proposed plan of finance in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
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Attachment: TEFRA Resolution-Thornton (5625 : BOND ISSUANCE FOR RESOURCES FOR COMMUNITY DEVELOPMENT, INC.) Resolution 2026-XX Page 2 of 3
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the proposed plan of finance for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT AS FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council finds this action to be exempt from the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Sections 15268 and 15369 (ministerial project). Further, additional environmental review under CEQA is not applicable, pursuant to CEQA Guidelines Section 15378(b)(2), (4) and/or (5) and/or 15061(b)(3) (Review for Exemption), each as a separate and independent basis, in that it is an administrative or fiscal activity which has no potential, directly or indirectly, to cause a significant effect on the environment.
Section 3. The City Council hereby approves the proposed plan of finance of the Authority to issue and reissue from time to time of one or more series of revenue bonds in an outstanding principal amount not to exceed $40,000,000. It is the purpose and intent of the City Council that this resolution constitute approval of the proposed plan of finance for the Project for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.
Section 4. The proposed plan of finance and issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the plan of finance or the Bonds.
Section 5. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.
Section 6. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby.
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Attachment: TEFRA Resolution-Thornton (5625 : BOND ISSUANCE FOR RESOURCES FOR COMMUNITY DEVELOPMENT, INC.) Resolution 2026-XX Page 3 of 3
Section 7. The City Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:
Ronald E. Lee, Esq.
Jones Hall LLP
4 West 4th Avenue, Suite 406
San Mateo, CA 94402
Section 8. This resolution shall take effect immediately upon its adoption.
ADOPTED , 2026, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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Attachment: TEFRA Resolution-Thornton (5625 : BOND ISSUANCE FOR RESOURCES FOR COMMUNITY DEVELOPMENT, INC.) Fremont City Council Meeting: 05/05/26 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5722) DOC ID: 5722
Updated: 5/1/2026 12:46 PM by Dina Lewis Page 1
Councilmember Campbell Referral - Immigration Enforcement Activities Restriction Zones
Contact Persons:
Name: Desrie Campbell
Title: Councilmember
Div/Dept: City Council
Phone: 510-284-4008
E-Mail: [email protected]
Background: Fremont has a long-standing history of commitment to equity and inclusion ensuring access to essential services, and public safety for all residents regardless of immigration status. To further this commitment in 2017 Fremont declared itself a Compassionate Sanctuary City.
Numerous neighboring jurisdictions including the cities of San Jose, Oakland, Richmond, Santa Clara, Sunnyvale and Pinole, and the counties of Alameda, Santa Clara and San Francisco have implemented restrictions on the use of City/County owned, leased, controlled, or operated property for federal civil immigration enforcement known as ICE-Free Zones. Cities and counties are taking this action to preserve trust and safety in the community and to foster a positive supportive relationship between agencies providing services and the people using them.
Direction: This referral would direct staff within 30 days to develop a draft ordinance and implementation plan which would prohibit the use of city-owned, city-leased, city-controlled and city-operated properties for federal civil immigration enforcement activity including but not limited to as a staging area, processing location, detention location, or operations base.
The draft implementation plan shall inventory and identify City of Fremont owned leased, controlled, or operated properties that could be used for federal civil immigration enforcement. The plan shall identify signage, training, internal and external communications plans, and any other actions necessary to prohibit the use of city-owned, city-leased, city-controlled, and city-operated properties federal for civil immigration enforcement activities, along with any potential costs.
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Recommendation: Direct staff within 30 days to develop a draft ordinance and implementation plan which would prohibit the use of city-owned, city-leased, city-controlled and city-operated properties for federal civil immigration enforcement activity including but not limited to as a staging area, processing location, detention location, or operations base.
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