*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
MAY 3, 2022
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
1. PRELIMINARY
A. Call to Order: Mayor Mei called the meeting to order at 7:03 p.m.
B. Flag Salute: Vice Mayor Salwan led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Absent: Councilmember Kassan
D. Announcements by Mayor/City Manager/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
* B. Approval of Minutes Mayor Mei opened consideration of Approval of Minutes
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved the minutes for the Special and Regular Meetings of March 8, 2022, the Special Meeting of March 15, 2022, the Regular Meeting of March 15, 2022 (revised), the Regular Meeting of April 5, 2022, the Special and Regular Meetings of April 12, 2022, and the Regular Meeting of April 19, 2022.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
*Consent Items
* C. Mayor Mei opened consideration of Approval of Second Reading and Adoption of an Ordinance of the City of Fremont Adding Fremont Municipal Code Title 8 Health and Safety, Chapter 8.80 Military Equipment Use
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Blair Beekman commented. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council adopted Ordinance No. 04-2022.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
* D. Mayor Mei opened consideration to Consider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Blair Beekman commented. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Jones, seconded by Councilmember Shao, the City Council made the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:
1. The City Council reconsidered the circumstances of the COVID-19 state of emergency;
2. The state of emergency continues to directly impact the ability of the members to meet safely in person; and
3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on May 17, 2022.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
* E. Mayor Mei opened consideration to Adopt a Resolution Calling and Consolidating the 2022 November Election
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-14 that:
*Consent Items
1. Calls for the General Municipal Election.
2. Requests the services of the Alameda County Registrar of Voters to conduct the election on behalf of the City of Fremont.
3. Calls for a Special Election to be conducted in the case of a tie vote for the elected officers as a result of the November 8, 2022 election.
4. Limits the candidate statement to be published in the Voter Sample Ballot to a maximum of two hundred (200) words and requires a candidate to make a deposit of $3,000 to pay for costs at the time his/her nomination papers are filed.
5. Allows for rebuttals for the arguments in favor and the arguments in opposition for each ballot measure.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
* F. Mayor Mei opened consideration to Adopt Resolution Endorsing Alameda County's Home Together 2026 Community Plan to End Homelessness
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Blair Beekman commented. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-15 endorsing Alameda County’s Home Together 2026 Community Plan, a community-wide plan for Alameda County which lays out the goals, strategies and investments needed to dramatically reduce homelessness-and reduce racial disparities in the homeless population by 2026.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
* G. Mayor Mei opened consideration of Approval of Annual Purchase Orders with U.S.
Foods for Food Supplies in an Amount Not to Exceed $275,000 and Making Finding of CEQA Exemption (Age Well Centers Food Supplies)
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Blair Beekman commented. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council authorized the City Manager or her designees to increase the current purchase order with U.S. *Consent Items
Foods for Age Well Center food supplies by $46,000 and execute additional annual purchase orders with U.S. Foods in an amount not to exceed $275,000 per year through June 30, 2027.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
* H. Mayor Mei opened consideration of Approval of Plans and Specifications and Award Construction Contract to Golden Bay Construction, Inc. in the Amount of $411,733.06 (including 15% Contingency) for the 2022 Pedestrian Crossing Enhancement Project (PWC 9036); Reallocation of Funds; and Make Findings of CEQA Exemption
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Blair Beekman commented. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council approved the following actions related to the 2022 Pedestrian Crossing Enhancement Project (PWC 9036):
1. Find that this project is categorically exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presenting existing).
2. Approve the plans and specifications for the project.
3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Golden Bay Construction, Inc., in the amount of $358,028.75 and allocate a 15% contingency in the amount of $53,704.31 for a total construction contract amount of $411,733.06, and authorize the City Manager or designee to execute the contract.
4. Reallocate $47,775.69 from PWC 8944-136 to PWC 9036-136.
5. Reallocate $32,959.00 from PWC 8944-501 to PWC 9036-501.
6. Reallocate $32,893.32 from PWC 8944-502 to PWC 9036-502.
7. Reallocate $275,000.00 from PWC 8944-515 to PWC 9036-515.
8. Reallocate $67,525.87 from PWC 8944-519 to PWC 9036-519.
9. Reallocate $9,283.50 from PWC 8944-520 to PWC 9036-520.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
*Consent Items
* I. Mayor Mei opened consideration of Approval of Plans and Specifications and Award of Contract to State Roofing Systems, Inc. in the amount of $217,753 (including 15% Contingency) for the Senior Center Flat Roof Replacement Project (PWC 8393); Exempt from Environmental Review per CEQA Guideline Section 15301 (Existing Facilities) (Age Well Center)
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved the following actions related to the Senior Center Flat Roof Replacement Project (PWC 8393):
1. Find the project is exempt from CEQA review pursuant to CEQA Guideline Section 15301 as a repair or modification of an existing facility involving negligible or no expansion of use.
2. Approve Plans and Specifications for the Senior Center Flat Roof Replacement Project.
3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder State Roofing Systems, Inc. in the amount of $189,350 and allocate a 15% contingency in the amount of $28,403 for a total construction contract amount of $217,753 and authorize the City Manager or designee to execute the contract.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Jewish Heritage Month
B. Proclamation: Asian Heritage Month
C. Proclamation: Affordable Housing Month
D. Proclamation: Fremont Bike Month
E. Proclamation: National Children's Mental Health Awareness Day, May 5, 2022
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file. The following persons commented: Hari N. Iyer, Blair Beekman, Sharon Scharff, John Hinds, Lisa Danz (member of Fremont for Everyone (FFE)), Anna Chen, John, Katherine (FFE), Narda Mamou, Ankit K., and Siva.
*Consent Items
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration to Consider the Planning Commission's Recommendation to Adopt An Amendment To The Downtown Community Plan And A Zoning Text Amendment To Fremont Municipal Code Section 18.47 (Downtown District) To Allow Four Curb-Cuts On The Northwest Side Of Capitol Avenue Between State Street And Fremont Boulevard; And To Consider A Finding That No Further Environmental Review Is Required Because A Final Supplemental Environmental Impact Report (SCH#2010072001) Was Previously Certified For The Downtown Community Plan And The Associated Downtown District Zoning. (PLN2022-00260)
Mayor Mei opened the public hearing. There being no public speakers, Mayor Mei closed the public hearing.
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council:
1. Held a Public Hearing;
2. Find that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) because a Final Supplemental Environmental Impact Report (SCH#2010072001) was previously certified for the Downtown Community Plan and associated Downtown Zoning District;
3. Find that the proposed amendments are consistent with the General Plan and Downtown Community Plan and Design Guidelines and furthers the public interest, convenience and general welfare of the City, in that the amendments are minor and would not conflict with the objectives and goals of the DCP for multi-modal design along Capitol Avenue, and they would timely implement the terms of the City Council-approved settlement.
4. Adopted Resolution No. 2022-16 approving an amendment to the Downtown Community Plan and Design Guidelines, as shown in Exhibit “A”; and
5. Introduce an ordinance approving an amendment to FMC Section 18.47 Downtown District, as shown in Exhibit “B”.
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
6. REPORT FROM CITY ATTORNEY – None.
7. OTHER BUSINESS
A. Mayor Mei opened consideration to Consider Quitclaim of Remnant Parcels on Capitol Avenue To Sunhill Enterprises, LLC; Take Further Actions In Accordance With the Sunhill Settlement Agreement Approved by Council, Including Appropriating $1 Million from the General Liability Reserve; and Make Findings of CEQA Exemptions (Disposition of Excess City Land Is Categorically Exempt Under CEQA Pursuant To *Consent Items
Section 15312, and Action Involving Funds Appropriation Is Not Subject To the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 21065 and 15061).
Staff responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following person commented: Blair Beekman. There were no additional speakers.
Mayor Mei closed the public comment period.
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council:
1. Find that the action involving the appropriation of $1 million from the City’s Risk Management Fund to pay Sunhill is not subject to the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Sections 21065 and 15061.
2. Appropriate $1 million in the Risk Management Fund (Fund 609) and direct the City Finance Director to issue payment to Sunhill in the exact amount of $1 million in accordance with the terms and conditions of the Settlement Agreement and Release dated February 11, 2022 by and between the City and Sunhill Enterprises, LLC.
3. Adopted Resolution No. 2022-17 approving the proposed Quitclaim of remnant parcels to Sunhill Enterprises, LLC, as shown in Exhibit “A” (plat and legal).
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
8. COUNCIL COMMUNICATIONS
A. Council Referrals
1. Mayor Mei opened consideration of Mayor Mei Referral: Requesting Adoption of a Resolution an Exhibit as Amended to Update Council Assignments to Outside Committees, Commissions, and Boards
Mayor Mei opened the public comment period. There being no public speakers, Mayor Mei closed the public comment period. This was followed by questions and comments from Councilmembers. Councilmember Cox requested it be noted for the record that she is the only City Councilmember that is not in any Appointee role as a Delegate.
On a motion by Councilmember Jones, seconded by Councilmember Keng, the City Council adopted Resolution No. 2022-18, and amended Exhibit, designating Council assignments to outside committees, commissions and boards to appoint Vice Mayor Salwan to Southern Alameda County Geographic Information Systems Joint Powers Authority (SACGIS JPA) and to update the exhibit to also reflect changes to contact information, meeting frequency and/or stipends for the various entities with noted corrections.
*Consent Items
Ayes: Mayor Mei, Vice Mayor Salwan, Councilmembers: Keng, Jones, Shao, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
B. Oral Reports on Meetings – None.
9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:30 p.m.
Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor