*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
SEPTEMBER 20, 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 7:01 p.m.
B. Flag Salute: Vice Mayor Keng led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
D. Announcements by Mayor/City Manager/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
City Attorney Alvarado reported that the Council conducted a conference in Closed Session.
The Council discussed existing litigation for the thirteen cases listed on this evening’s Closed Session Agenda. The Council took no reportable action on those items. The Council also had conference with legal counsel regarding significant exposure to litigation and took no reportable action. Lastly, the Council discussed initiation of litigation based on existing facts and circumstances pursuant to Paragraph 4 of Subdivision D of California Government Code Section Nine and directed the City Attorney to initiate litigation on one case.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.
On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* B. Approval of Minutes – None.
*Consent Items
* C. Mayor Mei opened consideration of Second Reading and Adoption of an Ordinance of the City of Fremont Amending Fremont Municipal Code Title 9 Public Pease, 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
On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council waived the second reading and adopted Ordinance No. 09-2022 amending the 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.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* D. Mayor Mei opened consideration to Adopt a Resolution Ratifying Indemnity Agreements Between the City and the County of Alameda and Authorizing the City Manager to Execute Indemnity Agreements on A1 Bond Funded Affordable Housing Projects
On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council adopted Resolution No. 2022-52 ratifying the execution of the indemnity agreement between 1) the City and the County of Alameda for Doug Ford Senior Apartments and 2) Granite Ridge Apartments; authorizing the City Manager to execute similar indemnity agreements between the City and the County of Alameda for covered affordable housing projects in the development pipeline, and making findings of CEQA exemption.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* E. Mayor Mei opened consideration to Authorize the City Manager, or Designee, to Issue Purchase Orders for Annual Operating Payments/Renewals and Execute Implementing Documents with East Bay Regional Communications System Authority (EBRCSA) for Use of the Public Safety Radio Communications System
On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council authorized the City Manager, or designee, to issue a purchase order for the annual operating payment to EBRCSA, for Radio Services, in an amount not to exceed $329,040 for the one- year period effective July 1, 2022 through June 30, 2023 and execute implementing documents as necessary.
*Consent Items
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* F. Mayor Mei opened consideration to Accept and Appropriate Assistance to Firefighters Grant Funds for $663,623 for Paramedic Training (AFG Grant Funds)
On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council:
1. Accepted the Assistance to Firefighters Grant in the amount of $663,623.
2. Recognized the grant revenue and appropriate it in the Federal Operating Grants Fund (Fund 199).
3. Authorized the City Manager or designee to execute all necessary agreements or documents in connection with the grant award.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* G. Mayor Mei opened consideration of Authorization to Execute a Task Order to the Joint Powers Agreement with Fremont Unified School District. Task Order HSD-16 for the Provision of Mental Health, Family Support Services, Parenting Support, Adolescent Substance Use Disorder Treatment Services, Youth Development and Alternative to Suspension Services; as well as collaborate with the FUSD Wellness Centers to innovate and deliver services and explore opportunities to assist homeless parents and their youth.
On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council approved and authorized the City Manager or her designee to enter into Task Order HSD-16 to the Joint Powers Agreement with Fremont Unified School District in an amount not to exceed $113,563 for Youth and Family Services Division to provide School-Based Mental Health Counseling; Why Try Cognitive Behavioral Group Counseling as an Alternative to Suspension program for At-Risk youth; Substance Use Disorder Treatment services for Adolescents at Robertson and Kennedy High Schools; and the Family Resource Center Division to provide Family Support Services (Case Management) for the 2022-2023 school year (August 16, 2022 through June 15, 2023).
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
3. CEREMONIAL ITEMS – None.
*Consent Items
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: Lisa Danz
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of Public Hearing (Published Notice) to Review the Annual Report on the Rent Review Ordinance and Adopt the FY 2022/23 Annual Program Fee
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 hearing. There being no speakers, Mayor Mei closed the public hearing. This was followed by questions and comments from Councilmembers.
On a motion by Councilmember Jones, seconded by Vice Mayor Keng, the City Council:
1. Received the Rent Review Ordinance Annual Report;
2. Held a public hearing;
3. Authorized a fee of $13.00 per residential rental unit in FY 2022/23 to recover the costs of the Rent Review Program; and
4. Adopted Resolution No. 2022-53 to amend the Master Fee Schedule to modify the Rent Review Program Fee.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
6. REPORT FROM CITY ATTORNEY – None.
7. OTHER BUSINESS
A. Mayor Mei opened consideration to Introduce Ordinance Amending and Adding Sections to Chapter 6.10 Animal Ownership, Chapter 6.20 Licensing and Vaccinations, Chapter
6.30 Impoundment, Chapter 6.40 Animal Fancier’s Permit and Chapter 6.50 Prohibited Activities. (Amendments to Animals Ordinance)
*Consent Items
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.
Animal Services Manager Kelly Miott provided a presentation and responded to questions from Councilmembers. Mei opened the public comment period. The following persons commented: Nickie Irvine, John Hinds, Richard, CL, Steve Skala, Diane Shaw (representing the Ohlone Humane Society), and Caller *489/Attorney Elham Marder. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by another question and answer period between Councilmembers and City Staff.
A motion was made by Councilmember Kassan, seconded by Vice Mayor Keng, to not introduce an ordinance and have staff seek additional feedback from the public. No vote was taken, as a substitute motion was made. The substitute motion by Councilmember Shao, seconded by Councilmember Cox, for the City Council to accept staff recommendation to waive the first reading and introduce the proposed ordinance amending Fremont Municipal Code Sections 6.10.030, 6.10.040, 6.10.070, 6.20.010, 6.30.040, 6.30.060, 6.40.030, 6.40.040, and
6.50.040, and adding Sections 6.10.130, 6.40.025, and 6.40.035. This motion was voted on and approved by the following vote:
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: Councilmember Kassan
Absent: None
Abstain: None
8. COUNCIL COMMUNICATIONS
A. Council Referrals – None.
B. Oral Reports on Meetings
Councilmembers reported on their various meetings.
9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:15 p.m.
Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor