*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
SEPTEMBER 6, 2022
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
1. PRELIMINARY
A. Call to Order: Mayor Mei called the meeting to order at 7:00 p.m.
B. Flag Salute: Councilmember Shao led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, 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 Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
* B. Mayor Mei opened consideration of Approval of Minutes
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved minutes for the Special and Regular Meetings of July 19, 2022 and the Special Meeting of August 9, 2022
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
*Consent Items
* C. Mayor Mei opened consideration of Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Amending Fremont Municipal Code Section
2.05.060 (Compensation of Mayor and Councilmembers) to Adjust the Salaries of the Mayor and Council Members
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council waived the second reading and adopted Ordinance No. 08-2022 amending the Municipal Code to authorize an increase in the salary of the City Councilmembers to $2,427.76 per month and of the Mayor to $4,313.28 per month, effective after the new City Council is seated following the election of November 8, 2022.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, and Cox
Noes: Councilmember Salwan
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
On a motion by Councilmember Jones, seconded by Councilmember Cox, 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 has reconsidered the circumstances of the COVID-19 state 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 October 4, 2022.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
* E. Mayor Mei opened consideration to Report of Actions Taken by the City Manager during Council Recess, July 20, 2022 through September 5, 2022
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council received report acknowledging actions taken by the City Manager or designee during the recess.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
*Consent Items
* F. Mayor Mei opened consideration to Authorize the City Manager or her designee to execute a Service Agreement with Cal Engineering & Geology, Inc., to investigate, assess and develop designs for the renovation of various segments of Lake Elizabeth Shoreline Stabilization Project (PWC 8897).
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Chris commented. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council found that the execution of the service agreement is exempt from review under the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Sections 15306, and (3) CEQA Guidelines Section 15378(b).Authorize the City Manager, or her designee, to execute a Service Agreement with Cal Engineering & Geology, Inc., to investigate, assess and develop designs for the renovation of various segments of the Lake Elizabeth Shoreline, for a contract amount of $301,000, plus a 15% contingency amount of $45,150, for a total service agreement contract amount of $346,150.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
* G. Mayor Mei opened consideration to Approve Purchase Orders through Cooperative Agreements with The Ford Store San Leandro for the Purchase of Ford Fleet Vehicles in an Amount Not to Exceed $1,200,000 and with National Auto Fleet Group for the Purchase of Various Make Vehicles in an Amount Not to Exceed $550,000; Make Findings of CEQA Exemption
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Chris commented. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:
1. Authorized the City Manager or designee to execute a purchase order with The Ford Store San Leandro for the purchase of Ford vehicles in an amount not to exceed $1,200,000
2. Authorized the City Manager or designee to execute a purchase order with National Auto Fleet Group for the purchase of various make vehicles in an amount not to exceed $550,000.
3. Found the proposed purchase is not a project as defined by Section 15378 (b) of the California Environmental Quality Act (CEQA), and, alternatively, the action is exempt *Consent Items
from CEQA under Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
* H. Mayor Mei opened consideration to Authorize the City Manager and the Human Services Director/President of the Fremont Family Resource Center Corporation to Execute the CalMoneySmart Grantee Agreement for the 2022/23 Fiscal Year and Appropriate $127,195 awarded for this project. (California Department of Financial Protection and Innovation (DFPI) Cal Moneysmart Grant)
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council authorized the City Manager and the Human Services Director/President of the Fremont Family Resource Center Corporation to Execute the CalMoneySmart Grantee Agreement for the 2022/23 Fiscal Year and Appropriate $127,195 awarded for this project.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
* I. Mayor Mei opened consideration to Approve and Authorize the City Manager to Execute a $187,787 Agreement for FY 2022/23 with Alameda County Health Care Services Agency to Support Human Services Programs, Including the Fremont Family Resource Center Family Support Services Program and Youth and Family Services Division's Why Try Cognitive Behavioral Groups Program (Youth and Family Opportunity Programs)
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved and authorized the City Manager or her designee to execute an agreement with Alameda County Health Care Services Agency in the amount of $187,787.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
*Consent Items
* J. Mayor Mei opened Consideration of a Resolution Approving a Successor Memorandum of Understanding (MOU) with the Fremont Police Managers’ Association (FPMA)
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Chris commented. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-49 approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 31, 2022, through June 30, 2025, between the City of Fremont and the Fremont Police Managers’ Association (FPMA); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
* K. Mayor Mei opened consideration to Adopt a Resolution Summarily Vacating a Roadway Easement at 43477 Bryant Street in the Mission San Jose Community Plan Area (PLN2019-00020), and Make Findings of CEQA Exemption
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-50 to vacate the roadway easement at 43477 Bryant Street on grounds the easement is no longer needed, and to find that the action is exempt from environmental review under CEQA Guidelines, Section 15305.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
* L. Mayor Mei opened consideration to Accept Staff Report on the Recent Completion of Emergency Waterline Replacement Work at the Police Center
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council accepted the staff report.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
*Consent Items
* M. Mayor Mei opened consideration of Approval of Funding Agreement with the Alameda County Transportation Commission (ACTC) for the Environmental Clearance Phase of the I-880/Decoto Road Interchange Modernization Project (PWC 9022); Accept and Approve Appropriation of Measure BB Funds in the Amount of $2,000,000 to the Project; Issue Finding of CEQA Exemption
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council:
1. Authorized the City Manager or designee to execute a funding agreement with ACTC for the environmental clearance phase for the I-880/Decoto Road Interchange Modernization project.
2. Appropriated $2,000,000 in ACTC Measure BB funds to PWC 9022-504.
3. Found the actions are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
3. CEREMONIAL ITEMS – None.
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 person(s) commented: John Hinds.
5. SCHEDULED ITEMS – None.
6. REPORT FROM CITY ATTORNEY – None.
7. OTHER BUSINESS
A. Mayor Mei opened consideration to Introduce Ordinance Amending the Street Racing and Sideshow Ordinance to Prohibit Promotion of and Attendance at Such Events
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.
No presentation. Mayor Mei opened the public comment period. The following persons commented: Chris and John Hinds. There being no additional speakers, Mayor Mei closed the *Consent Items
public comment period. This was followed by a question and answer period between Councilmembers and City staff. Councilmembers provided comment.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council waived the first reading and introduced an ordinance amending Fremont Municipal Code Title 9 (Public Peace, Morals and Welfare), Chapter 9.35 (Street Racing and Sideshows), sections
9.35.010 and 9.35.030, and adding sections 9.35.090, 9.35.100, and 9.35.110. Council also requested a report out in approximately six months.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
8. COUNCIL COMMUNICATIONS
A. Council Referrals
1. Mayor Mei opened consideration of Mayor Mei Referral on Homelessness Mitigation Policies
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.
Mayor Mei provided an overview of her referral. Mayor Mei opened the public comment period. The following persons commented: Annie Koruga, Lisa Danz, Kelly Abreu, Chris, Katherine Rubie, Sharon Scharff, John Hinds, and Naren Immadi. There being no additional speakers, Mayor Mei closed the public comment period. Councilmembers provided comment.
On a motion by Councilmember Jones, seconded by Councilmember Salwan, the City Council directed staff to review municipal options and practices from neighboring cities on how they’ve been able to address health hazards illegal dumping, and related clean-up.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
Absent: Councilmember Kassan
Abstain: None
2. Mayor Mei opened consideration of Mayor Mei Referral: Appointments to Advisory Bodies
No presentation. Mayor Mei opened the public comment period. The following persons commented: Chris. There being no additional speakers, Mayor Mei closed the public comment period.
*Consent Items
Appointments:
Advisory Body Appointee Term Expires
Mobility Commission Monique Chapman 12/31/2025
(Impairments Representative)
Recreation Commission Eric Donato 12/31/2025
Youth Advisory Commission Emily Tang 12/31/2023
Jessica Li 12/31/2023
Aditya Mittal 12/31/2023
Sean Dorje 12/31/2023
On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council approved appointments.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, 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 8:40 p.m.
Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor