*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
OCTOBER 4, 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 Jones led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Absent: Vice Mayor Keng
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, Councilmembers: Jones, Kassan, Shao,
Salwan, and Cox
Noes: None
Absent: Vice Mayor Keng
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 Regular Meeting of September 6, 2022, for the Regular Meeting of September 13, 2022, and the Special and Regular Meetings of September 20, 2022
Ayes: Mayor Mei, Councilmembers: Jones, Kassan, Shao,
Salwan, and Cox
Noes: None
Absent: Vice Mayor Keng
Abstain: 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 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 (Animals Ordinance)
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.
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Nickie Irvine, Kelly Abreu, Steve Skala, Iris Fong, Spencer Hadley, Chris, Brian Lee and Katherine 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 waived the second reading and adopted Ordinance No. 10-2022 amending Fremont Municipal Code Sections 6.10.030, 6.10.040, 6.10.070, 6.20.010, 6.30.040, 6.40.030, and 6.50.040, and adding Sections 6.10.130, 6.40.025, and 6.40.035 and removed sections 6.30.060 and 6.40.040 from the adopted ordinance.
Ayes: Mayor Mei, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: Councilmember Kassan
Absent: Vice Mayor Keng
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 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 was directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on November 1, 2022.
Ayes: Mayor Mei, Councilmembers: Jones, Kassan, Shao,
Salwan, and Cox
Noes: None
Absent: Vice Mayor Keng
Abstain: None
*Consent Items
* E. Mayor Mei opened consideration of Approval of Final Map, Agreements for Construction of Public and Private Street Improvements, and Dedication of Land and Public Easements for Tract 8292, Located at 40857 Lincoln Street (Lincoln Townhomes)
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-54 to:
1. Approved the Final Map and the Improvement Plans for Tract 8292.
2. Approved the Agreement for Public Improvements entitled “Public Improvement Agreement, Tract 8292”, with the developer, Gettysburg Common LLC, a California Limited Liability Company, and authorize the City Manager to execute the agreement on behalf of the City.
3. Approved the Agreement for Private Improvements entitled “Private Improvement Agreement, Tract 8292”, with the developer, Gettysburg Common LLC, a California Limited Liability Company, and authorize the City Manager to execute the agreement on behalf of the City.
4. Accepted the developer’s offer of dedication of real property interests, as identified on the Final Map, provided that the acceptance of any property on which the developer is required to construct public improvements shall be conditioned upon the developer’s completion of the improvements to the satisfaction of the City Engineer.
Ayes: Mayor Mei, Councilmembers: Jones, Kassan, Shao,
Salwan, and Cox
Noes: None
Absent: Vice Mayor Keng
Abstain: None
* F. Mayor Mei opened consideration of Approval of Plans and Specifications, Award of Construction Contract to GradeTech, Inc. in the Amount of $464,153.86 (Including 15% Contingency) to Implement the Dusterberry Way Railroad Crossing Safety Improvement Project (PWC 8964); and Make Findings of CEQA Exemption (PWC 8964)
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved the following actions related to the Dusterberry Way Railroad Crossing Safety Improvement Project (PWC 8964):
1. Found that this project was exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.
2. Approved the plans and specifications for the project.
3. Accepted the bid and awarded the construction contract to the lowest responsive and responsible bidder, GradeTech, Inc. in the amount of $403,612.05 and allocate a 15% construction contingency in the amount of $60,541.81 for a total construction contract amount of $464,153.86 and authorize the City Manager or designee to execute the contract.
*Consent Items
Ayes: Mayor Mei, Councilmembers: Jones, Kassan, Shao,
Salwan, and Cox
Noes: None
Absent: Vice Mayor Keng
Abstain: None
* G. Mayor Mei opened consideration to Authorize the purchase of a Pre-Fabricated Restroom for Centerville Community Park and award a contract to the Public Restroom Company, Inc. (PRC) under SourceWell cooperative contract #081721, to design, fabricate, deliver and install the restroom for a contract amount not to exceed $503,180 (including a 10% contingency); and issue findings of CEQA compliance (PWC8392 B)
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council:
1. Found that this project was categorically exempt as a Class 1 facility (Replacement and Reconstruction of Existing Facilities) under Section 15302 of the Guidelines of the California Environmental Quality Act and that no further environmental review is required based on the Council’s prior approval of a mitigated negative declaration for the entire Centerville Community Park Project.
2. Authorized the City Manager or designee to accept the proposal and execute an agreement with the Public Restroom Company through SourceWell Cooperative Contract #081721, to design, fabricate, deliver and install a new prefabricated restroom at Centerville Community Park for a base amount of $457,436, plus a 10% contingency of $45,744, for a total contract amount of $503,180.
Ayes: Mayor Mei, Councilmembers: Jones, Kassan, Shao,
Salwan, and Cox
Noes: None
Absent: Vice Mayor Keng
Abstain: None
* H. Mayor Mei opened consideration to Adopt a Resolution and Authorize the City Manager to Execute an Agreement with the U.S. Department of Housing and Urban Development for the new Federal Emergency Solutions Grant (ESG) Program for Fiscal Year 2022/23 and Appropriate $149,961 in ESG Funding
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-55 and authorized the City Manager or her designee to enter into an agreement with HUD for the new Emergency Solutions Grant program for FY 2022/23 and appropriate ESG funding in the Federal Operating Grants Fund.
Ayes: Mayor Mei, Councilmembers: Jones, Kassan, Shao,
Salwan, and Cox
Noes: None
Absent: Vice Mayor Keng
Abstain: None
*Consent Items
* I. Mayor Mei opened consideration to Authorize the City Manager, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with Accela, Inc., for the Annual Software Support and Maintenance of the Accela Citizen Access (ACA), Accela GIS (AGIS), and Accela Automation (AA)
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council:
1. Authorized the City Manager, or designee, to issue a purchase order and to execute implementing documents with Accela, Inc., for the annual software support and maintenance of Accela Automation (AA); Accela GIS (AGIS); and Accela Citizen Access (ACA) through October 29, 2023, in the amount not-to-exceed $476,551.
2. Authorized the City Manager, or designee, to renew the annual software support agreements with Accela, Inc., for four additional one-year terms in an amount not-to- exceed a five percent (5%) increase per year.
Ayes: Mayor Mei, Councilmembers: Jones, Kassan, Shao,
Salwan, and Cox
Noes: None
Absent: Vice Mayor Keng
Abstain: None
* J. Mayor Mei opened consideration to Authorize the purchase of a pre-fabricated restroom for California Nursery Historical Park and award a contract to the Public Restroom Company pursuant to SourceWell Cooperative Contract #081721, to design, fabricate, deliver and install a restroom for a contract amount not to exceed $663,255 (including a 10% contingency); and issue findings of CEQA compliance
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.
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council:
1. Found that this project was categorically exempt as a Class 1 facility (Replacement and Reconstruction of Existing Facilities) under Section 15302 of the Guidelines of the California Environmental Quality Act and that no further environmental review is required based on the Council’s prior approval of a mitigated negative declaration for the entire Centerville Community Park Project.
2. Authorized the City Manager or designee to accept the proposal and execute an agreement with the Public Restroom Company through SourceWell Cooperative Contract #081721, to design, fabricate, deliver and install a new prefabricated restroom at Centerville Community Park for a base amount of $457,436, plus a 10% contingency of $45,744, for a total contract amount of $503,180.
Ayes: Mayor Mei, Councilmembers: Jones, Kassan, Shao,
Salwan, and Cox
Noes: None
Absent: Vice Mayor Keng
Abstain: None
*Consent Items
* K. Mayor Mei opened consideration of Approval for Partial Release of Performance Bonds in the Amount of $6,889,999 Posted by Toll West Coast, LLC with Public and Private Improvement Agreements Required for Metro West Development Project (TRACT 8398)
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved the partial release of the Faithful Performance Bonds in the amount of $6,889,999 posted by Toll West Coast, LLC with the approved Public and Private Improvement Agreements for Tract 8398.
Ayes: Mayor Mei, Councilmembers: Jones, Kassan, Shao, and Cox
Noes: None
Absent: Vice Mayor Keng
Recusal: Councilmember Salwan
* L. Mayor Mei opened consideration for Approval of Partial Release of Performance Bond in the Amount of $2,288,000 Posted by Toll CA XX, L.P. with Private Improvements Agreement Required for Project Metro Crossing Phase 3 (TRACT 8403)
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved the partial release of the Faithful Performance Bond in the amount of $2,288,000 posted by Toll CA XX, L.P. with the approved Private Improvement Agreement for Tract 8403.
Ayes: Mayor Mei, Councilmembers: Jones, Kassan, Shao, and Cox
Noes: None
Absent: Vice Mayor Keng
Recusal: Councilmember Salwan
3. CEREMONIAL ITEMS
A. Proclamation: Filipino Heritage Month
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: Kate Mills, Keith Parker, Kelly Abreu, John Hinds and Jay O’Sea.
*Consent Items
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of Introduction and First Reading of Ordinance Adopting by Reference, with Amendments, the 2022 California Building, Mechanical, Plumbing, Electrical, Existing Building, Energy, Residential Building, Historical Building, and Green Building Codes; the 2021 International Pool and Spa Code; and the 2021 International Property Maintenance Code; and Repealing and Replacing Fremont Municipal Code Title 15 (Building and Construction), Division 1 (Fremont Building Standards Code); Introduction and First Reading of Ordinance Adopting by Reference, with Amendments, the 2022 California Fire Code and Repealing and Replacing Fremont Municipal Code Title 15 (Building and Construction), Division 1 (Fremont Building Standards Code), Chapter 15.35 (Fremont Fire Code); and Adoption of Resolution Making Express Findings that Modifications to the 2022 California Building Standards, as Adopted by the City, are Reasonably Necessary Due to Local Conditions.
No presentation. Mayor Mei opened the public hearing. The following persons commented:
Kelly Abreu and Katherine. There being no additional speakers, Mayor Mei closed the public hearing. This was followed by questions and comments from Councilmembers.
On a motion by Councilmember Jones, seconded by Councilmember Salwan, the City Council:
1. Held a public hearing.
2. Waived full reading and introduced ordinances and scheduled a public hearing for November 1, 2022, to adopt by reference, with amendments, the 2022 California Building, Electrical, Plumbing, Mechanical, Residential, Green Building, Energy, Housing, Existing Buildings, and Fire Codes, the 2021 International Property Maintenance Code, and the 2021 International Swimming Pool and Spa Code.
3. Directed the City Clerk to publish a notice of public hearing set for November 1, 2022, to consider adoption of the ordinances in accordance with Government Code Sections 6066 and 50022.3.
Ayes: Mayor Mei, Councilmembers: Jones, Kassan, Shao,
Salwan, and Cox
Noes: None
Absent: Vice Mayor Keng
Abstain: None
6. REPORT FROM CITY ATTORNEY – None.
7. OTHER BUSINESS – None.
*Consent Items
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 8:30 p.m.
Attest: Approved:
_________________________________ ___________________________ Alberto Quintanilla, Assistant City Clerk LILY MEI, Mayor