Agenda packet, first session — Fremont City Council, December 13, 2022

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Teresa Keng, Vice Mayor
Rick Jones, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5
Teresa Cox, District 6

City Staff

Karena Shackelford, City Manager
Rafael Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager

Geneva Bosques, Communications and
Legislative Affairs Director
Allen DeMers, Assistant to the City Manager
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Curtis Jacobson, Fire Chief
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Suzanne Shenfil, Human Services Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Suzanne Wolf, Community Services Director
Fremont City Council
Agenda and Report
December 13, 2022

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)

2. Consent Calendar

3. Ceremonial Items

4. Public Communications

5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees

6. Other Business

7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments

8. Adjournment

IMPORTANT NOTICE REGARDING THE

CITY COUNCIL MEETING
This meeting is being conducted utilizing
teleconferencing and electronic means Pursuant to
Government Code Section 54953(e) (Assembly Bill
361), The live stream of the meeting may be viewed
on the City of Fremont’s website at
www.Fremont.gov/Channel27 , which also provides
a link to the live stream; or, on Comcast Channel 27.

Please note at this time, Channel 27 is only
available to Comcast cable subscribers. The public
may only view the meeting on television and/or
online and not in the Council Chamber.

Submission of Public Comments: For those wishing
to make public comments at the December 13, 2022
Council meeting, you may either: (1) submit your
comments by email prior to the meeting, or (2) by
Spoken Public Comment during the meeting. If you
experience technical problems with the telephonic
meeting, please contact the City Clerk’s Office at
(510)284-4060 or [email protected] .

See instructions on next page.

Agenda and Report - Fremont City Council Meeting - December 13, 2022

December 13, 2022 Fremont City Council Page 2
How to submit Public Communications / Public Comment by email prior to the meeting:

Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit during a public comment portion of the zoom meeting, submit the pdf formatted document(s) to the email above by the noted deadline. Use the “raise hand” feature to request to speak. When called upon by the Mayor, City staff can share the document(s) while you are speaking during the time allotted.

Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

How to provide Spoken Public Comment during the meeting:
1) By phone 833-430-0037 (toll free). Webinar ID: 820 7544 4993. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/82075444993
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak.
d. When called, please limit your remarks to the time limit allotted.

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact The City Clerk’s Office at (510)284-4060 or [email protected] prior to the meeting for assistance.

Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and information by staff followed by City Council questions and inquiries. The applicant, or their authorized representative, or interested citizens, may they speak on the item; each speaker may only speak once to each item. At the close of public discussion, the item will be considered by the City Council and action taken. Items on the agenda may be moved from the order listed.

Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case the item will be removed from the Consent Calendar and considered separately.

Additionally, other items without a “Request to Address the City Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

Oral Communications
Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Please submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker card) and each speaker may only speak once on each agenda item.

The City Council Agendas may be accessed by computer at the following World Wide Web Address:
www.fremont.gov

Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.

Information about the City or items scheduled on the Agenda and Report may be referred to:

Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060

Your interest in the conduct of our City’s business is appreciated.

December 13, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
December 13, 2022
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes

1. APPROVAL OF MINUTES – for the Special and Regular Meetings of November 1, 2022, the Regular Meeting of November 15, 2022, and the Special Meeting of November 30, 2022
Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

RECOMMENDATION: Approve minutes.

C. CERTIFICATION OF ELECTION RESULTS - Adopt a Resolution that Certifies the November 8, 2022 Election Results
Contact Persons:

Name: Susan Gauthier Allen DeMers
Title: City Clerk Assistant to the City Manager
Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-494-4651
E-Mail: [email protected] [email protected]

December 13, 2022 Fremont City Council Page 4

RECOMMENDATION: Adopt a resolution that:

1. Receives the Official Canvass of the General Municipal Election held on November 8, 2022 from the Alameda County Registrar of Voters.

2. Declares the results of the election.

D. AB 361 - 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
Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATION: Staff recommends that the City Council make 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 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 January 10, 2023.

E. CONCRETE REPAIRS AND INTERSECTION RAMPS PROJECT - Approval of Specifications and Award of Contract to JJR Construction, Inc. in the Amount of $3,036,285.10 (Including 15% Contingency) for the 2023 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-G); Make Findings of CEQA Exemption.

Contact Persons:

Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the 2023 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-G):

1. Approve the specifications for the project.

2. Accept the bid and award the contract to the lowest responsive and responsible bidder, JJR Construction, Inc. in the amount of $2,636,285.10 and allocate a 15% construction contingency in the amount of $400,000.00 for a total construction contract amount of $3,036,285.10 and authorize the City Manager or designee to execute the contract.

3. Find that the project is categorically exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15301 as the repair, maintenance or minor alteration of an existing facility involving no or negligible expansion of use beyond that presently exists.

December 13, 2022 Fremont City Council Page 5
F. THIRD AMENDMENT ON-CALL TREE TRIMMING, MAINTENANCE AND GENERAL GROUNDWORK AND DEBRIS MAINTENANCE SERVICES-Authorize the City Manager or Designee to Execute the Third Amendment for On-Call Tree Trimming, Maintenance and General Groundwork and Debris Removal Agreement(s) with Brightview Tree Care Services and West Coast Arborists to increase contract compensation.

Contact Persons:

Name: Andrew Freeman Suzanne Wolf
Title: Business Manager Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or designee to execute the third amendment to the on-call tree trimming, maintenance and general groundwork and debris removal service agreements with Brightview Tree Care Services in an amount not to exceed $850,000.

2. Authorize the City Manager or designee to execute the third amendment to the on-call tree trimming, maintenance and general groundwork and debris removal service agreements with West Coast Arborists in an amount not to exceed $650,000.

G. SECOND AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT – Consideration of an Amendment to the Employment Agreement between City Manager Karena Shackelford and the City of Fremont Contact Persons:

Name: Tina Gallegos Brian Stott
Title: Human Resources Director Assistant City Manager
Dept: Human Resources City Manager's Office
Phone: 510-494-4652 510-494-4660
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt attached Resolution and authorize the Mayor to execute the second amendment to the City Manager’s Employment Agreement which authorizes a merit-based five percent wage increase.

December 13, 2022 Fremont City Council Page 6

3. Ceremonial Items
A. Honoring Judith E. Schwartz for Twenty-One Years of Service Upon her Retirement
B. Recognition of and Comments by Outgoing Councilmember C. Oath of Office and Installation of Newly Elected Councilmembers D. Comments by Newly Elected Councilmembers

4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items - None.

6. Other Business - None.

7. Items Referred by Councilmembers
A. Councilmember Referrals

1. MAYOR MEI REFERRAL: Direct Staff to Arrange for a Formal Review of Closed Session Brown Act Confidentiality Requirements and to Identify Potential Actions to Address Violations/Misconduct
Contact Persons:

Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

RECOMMENDATION: Direct staff to arrange for training regarding closed session Brown Act confidentiality requirements and to identify potential actions to address the following:

1. Follow up of (previously approved and future) censures;

2. Communicating misinformation or falsehoods damaging to the City; and

3. Council member absences at City Council and closed session meetings.

B. Appointments to Boards, Commissions, Committees - None.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
December 13, 2022 Fremont City Council Page 7

ACRONYMS

ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET

Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program

ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment

December 13, 2022 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 December 13, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 20, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 27, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
January 3, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
January 10, 2023 7:00 p.m. City Council Meeting Council Chambers Live
January 17, 2023 7:00 p.m. City Council Meeting Council Chambers Live
January 24, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
Monday, February 6,
2023 5:30 p.m. CC/FUSD Joint Meeting Council
Chambers Live
February 7, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 14, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 21, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
March 7, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 14, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 21, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
April 4, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
April 11, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
April 18, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
April 25, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live

Fremont City Council Meeting: 12/13/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4765) DOC ID: 4765
Updated: 12/5/2022 10:24 AM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Special and Regular Meetings of November 1, 2022, the Regular Meeting of November 15, 2022, and the Special Meeting of November 30, 2022
Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Div/Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

APPROVAL OF MINUTES – for the Special and Regular Meetings of November 1, 2022, the Regular Meeting of November 15, 2022, and the Special Meeting of November 30, 2022.

ATTACHMENTS:
• Draft Minutes

RECOMMENDATION: Approve minutes.

2.B.1
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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
NOVEMBER 1, 2022

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
6:00 P.M.

Call to Order: Mayor Mei called the mee ting to order at 6:01 p.m.

Roll Call: Present: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Sh ao, Salwan, and Cox

Absent: Councilmember Kassan

Public Comment: None.

CONVENED TO A CLOSED SESSION at 6:03 p.m.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9)

1. Diane Hendry v. City of Fremont, Alameda County Superior Court, Case No. RG18915635

The Special Meeting of the Fremont City Council adjourned at 6:32 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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Attachment: Draft Minutes (4765 : Approval of Minutes - 2022-11-01 - 2022-11-30)

*Consent Items

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MINUTES

FREMONT CITY COUNCIL MEETING
NOVEMBER 1, 2022

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:02 p.m.

B. Flag Salute: Councilmember Salwan led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Sh ao, Salwan, and Cox

Absent: Councilmember Kassan

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 on one item and took no reportable action.

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
A
bsent: Councilmember Kassan
Abstain: None

* B. Approval of Minutes 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 October 4, 2022 and the Regular Meeting of October 18, 2022

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*Consent Items

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Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

* C. 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 reconsider ed the circumstances of the COVID-19 state of emergency;

2. The state of emergency conti nues 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 November 15, 2022.

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

* D. Mayor Mei opened considera tion for Approval of the Partial Release of Performance Bond in the Amount of $3,000,000 Posted by Toll West Coast, LLC with the Private Improvement Agreement Required for Metro West Phase 2 Development Project (Tract 8465)

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 $3,000,000 posted by Toll West Coast, LLC with the approved Private Improvement Agreement for Tract 8465.

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Shao, and Cox
Noes: None
A
bsent: Councilmember Kassan
Recused: Councilmember Salwan

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Attachment: Draft Minutes (4765 : Approval of Minutes - 2022-11-01 - 2022-11-30)

*Consent Items

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3. CEREMONIAL ITEMS

A. Proclamation: Lung Cancer Awareness Month

B. Proclamation: Bay Area Stands U nited Against Hate Week November 13 - 19, 2022

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

The following person(s) commented: Kelly Abreu and Mari-Lyn Harris

5. SCHEDULED ITEMS

A. Mayor Mei opened consideration of a Public Hearing (Publish ed Notice), Waive Second Reading and Adopt Ordinances Adopting by Reference and Amending the 2022 California Building Standards Code and Adopting by Reference Certain Appendix Chapter of the 2022 California Building Standards Code and Adopting by Reference and Amending the 2021 International Swimming Pool and Spa Code and the 2021 International Property Management Code, and Adoption of the Resolution Containing Supporting Findings and Determinations.

No presentation. Mayor Mei opened the public hearing. There being no speakers, Mayor Mei closed the public hearing.

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:

1. Held a public hearing
.

2. Waived full second reading and adopted Ordinance No. 11-2022 adopting by refence and amending the 2022 California Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building Standards, Existing Building, Energy, and Historical Building, and the 2021 International Swimming Pool and Spa Code and the 2021 International Property Maintenance Code.

3. Waived full second reading and adopted Ordinance No. 12-2022 adopting by reference and amending the 2022 Fire Code.

4. Adopted Resolution No. 2022-58 mak ing findings that the amendments to the 2022 California Building Standards Code are reasonably necessary because of local conditions

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

6. REPORT FROM CITY ATTORNEY – None.

7. OTHER BUSINESS – None.

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*Consent Items

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8. COUNCIL COMMUNICATIONS

A. Council Referrals

1. Mayor Mei opened consideration of Mayor Mei Referral: Appoi ntment to Advisory Body

No presentation. Mayor Mei opened the public comment period. The following person commented: Kelly Abreu. There being no additional speakers, Mayor Mei closed the public comment period.

Appointment:

Advisory Body Appointee Term Expires

Economic Development Advisory Commission Kari Paige 12/31/2022 (Commercial / Industrial Representative)

On a motion by Councilmember Jones, seconded by Councilmember Salwan, the City Council approved appointments.

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: 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 7:32 p.m.

A t t e s t : A p p r o v e d :

_________________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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Attachment: Draft Minutes (4765 : Approval of Minutes - 2022-11-01 - 2022-11-30)

*Consent Items

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MINUTES

FREMONT CITY COUNCIL MEETING
NOVEMBER 15, 2022

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:01 p.m.

B. Flag Salute: Councilmember Kassan was calle d upon to lead the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Ka ssan, Salwan, and Cox

Absent: Councilmember Shao

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 Salwan, seconded by Councilmember Cox, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Kassan, Salwan, and Cox
Noes: None
A
bsent: Councilmember Shao
Abstain: None

* B. Approval of Minutes – None.

On a motion by Councilmember Salwan, 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 reconsider ed the circumstances of the COVID-19 state of emergency;

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Attachment: Draft Minutes (4765 : Approval of Minutes - 2022-11-01 - 2022-11-30)

*Consent Items

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2. The state of emergency conti nues 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 December 13, 2022.

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Kassan, Salwan, and Cox
Noes: None
A
bsent: Councilmember Shao
Abstain: None

* D. Mayor Mei opened considerati on for Resolution Approving the Conditional Commitment and Execution of Agreement for $540,000 of Federal HOME Funds (Bell Street Gardens Affordable Apartments)

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:

1. Adopted Resolution No. 2022-59 conditionally approving a loa n of $540,000 in FY 2020/21 HOME funds to Resources for Community Development for the development of the Bell Street Gardens Affordable Apartments and authorizing the City Manager or designee to make the determination that the funding is needed to close a funding gap for the project and execute all necessary HOME-related loan and implementing documents with Resources for Community Development and Alameda County.

2. Appropriated $540,000 in HOME fu nds (Fund 103) to the Bell Street Gardens project.

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Kassan, Salwan, and Cox
Noes: None
A
bsent: Councilmember Shao
Abstain: None

* E. Mayor Mei opened consideration for Approval of Specificati ons and Award of Contract to Global Road Sealing, Inc. in the Amount of $228,700 (Including 20% Contingency) for the 2023 Citywide Pavement Crack Seal Project (PWC8195-V1); Make Findings of CEQA Exemption.

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved the
following actions related to the 2023 Citywide Pavement Crack Seal Project (PWC8195-V1):

1. Find the project is exempt fro m review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 as the maintenance, repair or minor alteration of existing facilities involving negligible or no expansion of use beyond that presently exists.

2. Approve the specifica tions for the project.

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3. Accept the bid and award the construction contract to the lo west responsive and responsible bidder, Global Road Sealing, Inc. in the amount of $190,700 and allocate a 20% construction contingency in the amount of $38,000 for a total construction contract amount of $228,700 and authorize the City Manager or designee to execute the contract.

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Kassan, Salwan, and Cox
Noes: None
A
bsent: Councilmember Shao
Abstain: None

* F. Mayor Mei opened consideration for Approval of Plans and S pecifications and Award Construction Contract to Safety Network, Inc. in the Amount of $472,477.64 (including 10% Contingency) for the Citywide Street Name Sign Installation Project (PWC8996); Appropriation Actions; and Make Findings of CEQA Exemption

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved the following actions related to the Citywide Street Name Sign Upgrade Project (PWC8996):

1. Find that this project is cate gorically exempt from review under 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 presenting existing.

2. Approve the plans and speci fications for the project.

3. Accept the bid and award the construction contract to the lo west responsive and responsible bidder, Safety Network, Inc., in the amount of $429,524.64 and allocate a 10% contingency in the amount of $42,953.00 for a total construction contract amount of $472,477.64 and authorize the City Manager or designee to execute the contract.

4. Reallocate $76,000 from PWC8677-136 to PWC8996-136.

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Kassan, Salwan, and Cox
Noes: None
A
bsent: Councilmember Shao
Abstain: None

* G. Mayor Mei opened consideration for Authorization to Execut e a Professional Services Agreement with Mark Thomas & Company, Inc. in an amount not to exceed $1,980,240 for the Project Approval and Environmental Clearance Phase of the I-880/Decoto Road Interchange Modernization Project (PWC9022); Make Findings of CEQA Exemption

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On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:

1. Authorized the City Manager or designee to execute a Professional Service Agreement with Mark Thomas & Company, Inc. for the PA/ED phase for the I-880/Decoto Road Interchange Modernization Project, in an amount not to exceed $1,980,240.

2. Reallocated $25,000 in SB 1 funds from PWC8234-134 to PWC9022-134.

3. Found the action was exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15262 and 15061(b)(3). As a separate and independent basis for CEQA compliance, the appropriate environmental assessment and determination for the overall project implementation will be conducted as part of the PA/ED phase of work.

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Kassan, Salwan, and Cox
Noes: None
A
bsent: Councilmember Shao
Abstain: None

* H. Mayor Mei opened consideration for Approval of Plans and S pecifications; Award Contract to Golden Bay Construction, Inc., Inc. in the Amount of $1,659,109.63 (includes 10% Contingency) for the Walnut Avenue and Liberty Street Intersection Improvements Project (PWC9037); Appropriation Actions; and Make Findings of CEQA Exemption

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved the following actions related to the Citywide Street Name Sign Upgrade Project (PWC8996):

1. Find that this project is exemp t from California Environmental Quality Act (CEQA) review pursuant to Sections 21080.20 and 21080.25 as a sustainable transportation project that implements pedestrian and bicycle facilities and improves multimodal safety and access for current and potential BART riders and is further exempt 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. Accept staff’s certif ication that the project will be completed by a skilled and trained workforce in accordance with statutory requirements and pursuant to the project specifications.

3. Approve the plans and speci fications for the project.

4. Accept the bid and award the construction contract to the lo west responsive and responsible bidder, Golden Bay Construction, Inc. in the amount of $1,508,281.63 and allocate a 10% construction contingency in the amount of $150,828 for a total construction contract amount of $1,659,109.63 and authorize the City Manager or designee to execute the contract

5. Reallocate $200,000 from PWC 7953-531 and appropriate it to PWC9037-531.

6. Reallocate $62,320.72 from PWC8 828-501 and appropriate it to PWC9037-501.

7. Reallocate $84,809.68 from PWC8 828-531 and appropriate it to PWC9037-531.

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8. Reallocate $64,395.82 from PWC8 959-531 and appropriate it to PWC9037-531.

9. Reallocate $46,395.69 from PWC8 927-136 and appropriate it to PWC9037-136.

10. Reallocate $98,943.09 from PWC9 033-531 and appropriate it to PWC9037-531.

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Kassan, Salwan, and Cox
Noes: None
A
bsent: Councilmember Shao
Abstain: None

* I. Mayor Mei opened consideration for Approval of Lease Amend ment with Alameda County Water District for Use of Property Near Patterson Reservoir as Police Outdoor Firing Range; Approval of Plans and Specifications and Award of Contract to McNabb Construction, Inc. in the amount of $441,784 (including 15% Contingency) for the Fremont Police Outdoor Firing Range Renovation Project (PWC8995); Appropriation Actions; and Make Findings of CEQA Exemption

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:

1. Authorized the City Manager or designee to execute a Second Amendment to the Lease between the City of Fremont and the Alameda County Water District for continued use of ACWD property located near Patterson Reservoir as an Outdoor Firing Range.

2. Approved Plans and Specifications for the Fremont Police Outdoor Firing Range Improvement Project (PWC8995).

3. Accepted the Bid and awarded t he construction contract to the lowest responsive and responsible bidder McNabb Construction, Inc. in the amount of $384,160 and allocate a 15% contingency in the amount of $57,624 for a total construction contract amount of $441,784 and authorize the City Manager or designee to execute the contract.

4. Allocated $150,000 of unappropria ted fund balance in the Capital Improvements Fund to PWC8995-501.

5. Found that the recommended actions are exempt under the Cali fornia Environmental Quality Act (CEQA) as specified in CEQA Guidelines Section 15301, (Existing Facilities) and CEQA Guidelines Section 15302(b) (Replacement or Reconstruction).

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Kassan, Salwan, and Cox
Noes: None
A
bsent: Councilmember Shao
Abstain: None

* J. Mayor Mei opened considera tion for Approval of Partial Release of Performance Bonds in the Amount of $2,810,000 Posted by APIC THE GLOBE, LLC with the Public and Private Agreements Required for Parcel Map 9281; and Make Findings of CEQA Exemptions

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On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council found the action is exempt from CEQA review under Section 15378(b)(2) and (b)(5) and approve the partial release of the Faithful Performance Bonds in the amount of $2,810,000 posted by APIC THE GLOBE, LLC with the approved Public and Private Improvement Agreements for Parcel Map 9281.

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Kassan, Salwan, and Cox
Noes: None
A
bsent: Councilmember Shao
Abstain: None

* K. Mayor Mei opened considerati on to Amend Contract for Homeless Encampment and Illegal Dumping Abatement Services with Art Cuevas Landscaping to Increase the Total Contract Amount from $617,120 to $1,255,120 and Find that the Project is Exempt from Review Under the California Environmental Quality Act (CEQA) per CEQA Guidelines 15304 and 15307.

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:

1. Authorized the City Manager, or designee, to execute a contract amendment with Art Cuevas Landscaping for homeless encampment and illegal dumping abatement expiring June 30, 2024, not to exceed $1,255,120.

2. Found that the project is exempt from review under the Calif ornia Environmental Quality Act (CEQA) per CEQA Guidelines Section 15304 (Minor Alterations to Land) and Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources).

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Kassan, Salwan, and Cox
Noes: None
A
bsent: Councilmember Shao
Abstain: None

* L. Mayor Mei opened consideration to Reject Bid Received on O ctober 12, 2022 for the Development Center Façade Replacement Project (PWC9016)

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council rejected the one bid received on October 12, 2022, for the Development Center Façade Replacement Project (PWC9016) and direct staff to re-bid the project.

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Kassan, Salwan, and Cox
Noes: None
A
bsent: Councilmember Shao
Abstain: None

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3. CEREMONIAL ITEMS

A. Resolution: Recognit ion of Veteran's Day

B. Proclamation: Native American Heritage Month

C. Proclamation: Transgender Day of Remembrance - November 20, 2022

D. Proclamation: Small Business Saturday – November 26, 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.

Speakers: None.

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS

A. Mayor Mei opened consideration to Authorize the City Manage r to execute a lease agreement with East Bay Regional Park District (EBRPD) to include 900 acres at Stanford Staging Area and the larger Mission Peak are for the purpose of public park, recreation, and open space and find that no further environmental review is required for the lease pursuant to CEQA Guidelines 15307, 15162, 15163, 15678(b) and 15601(b)(3)

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.

Community Services Director Suzanne Wolf provided a presentation. This was followed by a question and answer period with City staff and Jim O’Connor representing EBRPD. Mayor Mei opened the public comment period. The following persons commented: Kushal Vepa, Suresh, William Yragui, Jannet B., Kelly Abreu, Steve Skala, Rujul Pathak, Tony Pang, Inki Deora, Asok Chatterjee, Prakoon Chen, Gary Parikh, and Anu Asokan. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by another question and answer period. Councilmembers provided direction to staff. No vote.

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7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals

1. Mayor Mei opened consideration of Councilmember Jones Refer ral: Honorary Driveway at Police Department

No presentation. Councilmember Jones provided an overview of his referral. Councilmembers provided comments.

On a motion by Councilmember Jones, seconded by Councilmember Salwan, the City Council:

1. Directed staff to complete th e technical and production work required to create and install a sign near the east driveway of the Police Department honoring retired Police Chief Craig Steckler
.

2. Directed staff to developed gui delines delineating where and under what circumstances honorary/commemorative signs of this type will be allowed in the future.

Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Salwan, and Cox
Noes: Councilmember Kassan
A
bsent: Councilmember Shao
Abstain: None

B. Appointments to Boards, Commissions, Committees – None.

C. Legislative Actions – None.

D. Report on Committee Assignments

Councilmembers reported on their various meetings.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:45 p.m.

A t t e s t : A p p r o v e d :

_________________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
NOVEMBER 30, 2022

VIRTUAL MEETING VIA ZOOM
5:30 P.M.

Call to Order: Mayor Mei called the mee ting to order at 5:32 p.m.

Roll Call: Present: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Ka ssan, Shao, Salwan, and Cox

Public Comment: None.

CONVENED TO A CLOSED SESSION at 5:35 p.m.

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)

Title: City Manager

The Special Meeting of the Fremont City Council adjourned at 6:47 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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Attachment: Draft Minutes (4765 : Approval of Minutes - 2022-11-01 - 2022-11-30) Fremont City Council Meeting: 12/13/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Elections

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4764) DOC ID: 4764
Updated: 12/8/2022 3:49 PM by Susan Gauthier Page 1
CERTIFICATION OF ELECTION RESULTS - Adopt a Resolution that Certifies the November 8, 2022 Election Results
Contact Persons:

Name: Susan Gauthier Allen DeMers
Title: City Clerk Assistant to the City Manager
Div/Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-494-4651
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this item is to request City Council certification of the results of the November 8, 2022 General Municipal Election.

BACKGROUND: The City Council passed Resolution No. 2022-14 on May 3, 2022, requesting that the County of Alameda Registrar of Voters conduct the General Municipal Election of November 8, 2022 for the purpose of electing three City Councilmembers.

A District No. 2 Councilmember, a District No. 3 Councilmember, and a District No. 4 Councilmember of the City Council for the full terms of four years.

The results have been canvassed and were certified by the Alameda County Registrar of Voters on December 8, 2022 and presented to the City.

Official Certified Election Results: Based upon the Certification of Election results, the following persons have been elected to serve for the next four-year terms:

City Council District 2, Desrie Campbell

City Council District 3, Jenny Kassan

City Council District 4, Yang Shao

FISCAL IMPACT: None.

ATTACHMENTS:
• Draft Resolution - Declaring the Results of the Consolidated Election November 8, 2022 • Exhibit A - Certificate of Election Results and copy of the Official Canvass for the City of Fremont from the Alameda County Registar of Voters

RECOMMENDATION: Adopt a resolution that:

1. Receives the Official Canvass of the General Municipal Election held on November 8, 2022 from the Alameda County Registrar of Voters.

2. Declares the results of the election.

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DRAFT

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT DECLARING THE RESULTS OF THE CONSOLIDATED
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022

WHEREAS, on November 8, 2022, the City of Fremont General Municipal Election was held to elect three City Councilmembers, a District No. 2 Councilmember, a District No. 3 Councilmember, and a District No. 4 Councilmember, to four-year terms; and

WHEREAS, the Alameda County Registrar of Voters was requested to perform all necessary election procedures for the General Municipal Election; and

WHEREAS, the Alameda County Registrar of Voters canvassed the returns of the General Municipal Election and certified the results of the votes cast. The certification of results is attached as Exhibit “A,” and incorporated herein by reference.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. The canvass by the Registrar of Voters of Alameda County, as shown on the attached certificate, and the results of the General Municipal Election are hereby ratified, confirmed, approved and declared.

SECTION 2. The offices to be filled by the General Municipal Election were three Councilmembers; a District No. 2 Councilmember, a District No. 3 Councilmember, and a District No. 4 Councilmember, each expiring in December 2026.

SECTION 3. The names of the persons voted for as candidates for Councilmembers and the total number of votes received and cast in favor of each of the persons voted for are as follows:

DISTRICT 2

CITY COUNCILMEMBERS

DESRIE CAMPBELL 3594
ROBERT DAULTON 3340
KEITH PARKER 1966

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DISTRICT 3

CITY COUNCILMEMBERS

JENNY KASSAN 3162
KATHY KIMBERLIN 2883
ARIF MOHAMED 1186

DISTRICT 4

CITY COUNCILMEMBERS

YANG SHAO 4642
BRYCE BECKEL 3639

SECTION 4. The total number of ballots cast in the City of Fremont at the General Municipal Election was 28,032 (24,412 for the three Council Districts) and the total number of votes given in each precinct of the City of Fremont is as set forth in the canvass by the Registrar of Voters of Alameda County.

SECTION 5. DESRIE CAMPBELL, JENNY KASSAN, AND YANG SHAO received the highest number of votes cast for the office of Councilmember for each of their respective Districts and are thereby elected to the office of Councilmember for the term set forth above.

SECTION 6. The City Clerk is authorized to sign and deliver the Certificates of Election and to administer the Oath of Office prescribed in the Constitution of the State of California.

ADOPTED, __________, 2022, 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: Draft Resolution - Declaring the Results of the Consolidated Election November 8, 2022 (4764 : Certification of November 8, 2022

2.C.b
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Attachment: Exhibit A - Certificate of Election Results and copy of the Official Canvass for the City of Fremont from the Alameda County

2.C.b
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Attachment: Exhibit A - Certificate of Election Results and copy of the Official Canvass for the City of Fremont from the Alameda County

2.C.b
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Attachment: Exhibit A - Certificate of Election Results and copy of the Official Canvass for the City of Fremont from the Alameda County

2.C.b
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Attachment: Exhibit A - Certificate of Election Results and copy of the Official Canvass for the City of Fremont from the Alameda County

2.C.b
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Attachment: Exhibit A - Certificate of Election Results and copy of the Official Canvass for the City of Fremont from the Alameda County

2.C.b
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Attachment: Exhibit A - Certificate of Election Results and copy of the Official Canvass for the City of Fremont from the Alameda County

2.C.b
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Attachment: Exhibit A - Certificate of Election Results and copy of the Official Canvass for the City of Fremont from the Alameda County Fremont City Council Meeting: 12/13/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4707) DOC ID: 4707
Updated: 11/22/2022 5:08 PM by Susan Gauthier Page 1
AB 361 - 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
Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Div/Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

Executive Summary: In order for the City Council and the City’s legislative bodies to continue holding meetings by teleconferencing pursuant to Government Code Section 54953(e) (AB 361), the City Council needs to reconsider the circumstances of the state of emergency created by the COVID-19 pandemic every 30 days and find that the state of emergency continues to directly impact the ability of the members to meet safely in person.

BACKGROUND: On September 16, 2021, Governor Newsom signed AB 361 amending the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. AB 361 builds upon Executive Order N-29-20, issued by the Governor on March 17, 2020, which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID-19 declared emergency.

AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations, if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the agency has already determined or is determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

To continue meeting remotely pursuant to AB 361, an agency must make periodic findings that: (1) the body has reconsidered the circumstances of the declared emergency; and (2) the emergency impacts the ability of the body’s members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing. These findings should be made not later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter.

DISCUSSION/ANALYSIS: The City Council and the City’s other legislative bodies have met using teleconferencing throughout the COVID-19 pandemic to protect the health and safety of the public and staff. The factual circumstances exist for the City to continue to hold meetings pursuant to AB 361. Specifically, the Governor’s declared State of Emergency in response to the COVID-19 pandemic (the “Emergency”) is still in place. In addition, the City of Fremont COVID-19 Employee Resource Guide requires physical distancing for City employees, customers and visitors, to the extent possible. And finally, the Centers for Disease Control and Prevention continue to advise that COVID-19 spreads more easily

2.D
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Staff Report (ID # 4707) Meeting of December 13, 2022
Updated: 11/22/2022 5:08 PM by Susan Gauthier Page 2
indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time. Therefore, due to the ongoing COVID 19 pandemic, the need to promote social distancing to reduce the likelihood of exposure to COVID-19, and the imminent risks to the health or safety of meeting attendees, the Emergency impacts the ability of the City Council and the legislative bodies of the City to meet safely in person.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS: None.

RECOMMENDATION: Staff recommends that the City Council make 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 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 January 10, 2023.

2.D
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Fremont City Council Meeting: 12/13/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4742) DOC ID: 4742
Updated: 12/8/2022 12:39 PM by Alberto Quintanilla Page 1 CONCRETE REPAIRS AND INTERSECTION RAMPS PROJECT - Approval of Specifications and Award of Contract to JJR Construction, Inc. in the Amount of $3,036,285.10 (Including 15% Contingency) for the 2023 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-G); 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 initiate the construction of a project to perform concrete repairs to damaged curbs, gutters, sidewalks, and driveways and to install curb ramps at various locations citywide.

BACKGROUND: The five-year Capital Improvement Plan (CIP) includes funds for concrete repairs in the City. Typically, these repairs have included replacement of sidewalk, curb, gutter, and driveway approaches as well as tree root pruning and tree replacements (as needed).

Under the current program, staff receives citizen requests for sidewalk area repairs which are then forwarded to the Street Maintenance Division so temporary repairs can be made.

The Street Maintenance Division makes temporary repairs with either an asphalt patch or by pavement grinding until permanent repairs can be made by the property owner or as part of a City program, if approved funding is available. As enabled by State law, the City’s Municipal Code designates the responsibility for sidewalk and street tree conditions to the adjoining property owner.

Community requests for sidewalk repairs are all logged into a database to identify problem areas geographically. The areas with the most serious or highest concentration of problems become candidates for concrete repair projects.

The City of Fremont Capital Improvement Program also includes funds to construct intersection ramps. Ramp locations are determined from a combination of citizen requests, pavement work that requires new ramps to be installed, and safety needs identified by the Safe Routes to School program.

DISCUSSION/ANALYSIS: The project includes concrete repairs to 148 locations consisting of street segments where concrete damage is highly concentrated and individual citywide locations where damage is especially severe. In addition to concrete repairs, the project includes the construction of 291 ramps at 142 locations throughout the City. The project will install ramps at intersections where none currently exist or where exi sting ramps, built under an old standard, need to be replaced with new ramps that conform to current accessibility requirements.

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Staff Report (ID # 4742) Meeting of December 13, 2022
Updated: 12/8/2022 12:39 PM by Alberto Quintanilla Page 2

Bid Results: Bids were received on November 15, 2022. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $3,200,000.

Bidder Bid Amount

1. JJR Construction, Inc. $2,636,285.10*

2. Spencon Construction $2,729,968.00

3. Rosas Brothers Construction $2,977,476.00

4. Sposeto Engineering, Inc. $3,431,874.40

5. FBD Vanguard Construction, Inc. $3,934,429.20

6. Kerex Engineering, Inc. $3,940,020.00
* mathematically corrected

The low bidder, JJR Construction, Inc. submitted a responsive bid and all documents are in order. The contractor is experienced in this type of work and has satisfactorily completed contracts of similar nature.

Project Costs and Funding:

Estimated Project Costs:

Construction Contract – Low Bid $ 2,636,285.10
Construction Contract Contingency $ 400,000.00
Construction Administration and Inspection $ 400,000.00 Consultant Services (Arborist) $ 40,000.00
Project Contingency $ 300,000.00

TOTAL ESTIMATED PROJECT COSTS $3,776,285.10

Source of Funding:

PWC8234-134 SB1 $ 5,521,000

PWC8239-518 Measure B $ 847,000

PWC8444-136 HUTA State Gas Tax $ 105,000
PWC8444-515 Measure BB $ 25,000
PWC8444-518 Measure B $ 1,354,000

PWC8483-136 HUTA State Gas Tax $ 34,000
PWC8483-514 ACTC VRF $ 100,000

TOTAL FUNDS AVAILABLE $7,986,000

Based on contract amount and the project cost, there are sufficient funds budgeted for the project. Remaining funds in each of the PWCs listed above will be used for future concrete repair, curb ramp, and pavement projects.

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Staff Report (ID # 4742) Meeting of December 13, 2022
Updated: 12/8/2022 12:39 PM by Alberto Quintanilla Page 3 FISCAL IMPACT: This project will be funded through the Concrete Repair, Curb and Gutter Repair, and Intersection Ramps programs (PWCs 8239, 8483, and 8444) appropriated for this purpose through the CIP process. Additionally, this project is further funded through the Pavement Rehabilitation program (PWC8234) for those locations where concrete repairs and intersection upgrades are necessitated by pavement work.

ENVIRONMENTAL REVIEW: This project is categorically exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15301 as the repair, maintenance or minor alteration of an existing facility involving no or negligible expansion of use beyond that presently exists.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the 2023 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-G):

1. Approve the specifications for the project.

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Fremont City Council Meeting: 12/13/22 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4755) DOC ID: 4755 B
Updated: 12/8/2022 12:41 PM by Alberto Quintanilla B Page 1

THIRD AMENDMENT ON-CALL TREE TRIMMING, MAINTENANCE AND GENERAL GROUNDWORK AND DEBRIS MAINTENANCE SERVICES-Authorize the City Manager or Designee to Execute the Third Amendment for On-Call Tree Trimming, Maintenance and General Groundwork and Debris Removal Agreement(s) with Brightview Tree Care Services and West Coast Arborists to increase contract compensation.

Contact Persons:

Name: Andrew Freeman Suzanne Wolf
Title: Business Manager Community Services Director
Div/Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: Demand for on-call tree services continues to be high with over 80 task orders at a cost of $860,450 completed between BrightView Tree Care Services and West Coast Arborists. These vendors have supplemented the City’s service capacity, in addition to City staff, to promptly meet on-going emergency and non-emergency tree issues within City parks, medians, right of ways, and other City owned parcels. The initial RFP awarded four vendors for this service, which was then reduced to two. This was due to the fact that BrightView Tree Care Services and West Coast Arborists demonstrated a strong level of responsiveness, timeliness, meeting attendance, site visits, excellent work product and implementation. Due to the increase need for on-call tree services, staff is seeking authority to execute amendments to increase the contract amount for both vendors.

BACKGROUND: In 2017, tree related safety and maintenance issues were increasing and the staff identified the need for on-call contractual tree maintenance services support. On March 13, 2018, the City Council approved the initial agreements to address the City’s on - call tree trimming, maintenance and general groundwork and debris removal needs Citywide. Four vendors were selected, via Request for Proposal (RFP) 18-012, to address these needs: Brightview Tree Care Services, Imhof, Professional Tree Care Company, and West Coast Arborists. Each agreement had an approved contract compensation value not to exceed $250,000 with an expiration date of March 31, 2020.

Additionally, on March 13, 2018, the City Council delegated contract extension authority to the City Manager or designee for up to two additional two-year terms through June 30, 2024.

On December 17, 2019, the City Council approved amendments to increase the compensation and extend the contract term for two of the vendors, Brightview Tree Services and West Coast Arborists, establishing for each a not-to-exceed amount of $350,000 through June 30, 2022.

On April 6, 2021, the City Council again approved amendments to increase the compensation and extend the contract term for Brightview Tree Services and West Coast

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Staff Report (ID # 4755) Meeting of December 13, 2022
Updated: 12/8/2022 12:41 PM by Alberto Quintanilla B Page 2 Arborists, establishing for each contract a not-to-exceed amount of $525,000 through June 30, 2024.

The demand for tree services continues to increase and staff anticipates that the contractual compensation amounts for both vendors will be exhausted by June 30, 2023. Staff is requesting an increase in compensation for BrightView Tree Services and West Coast Arborists to meet the ongoing tree service demand and maintain service continuity through the end of the contract period, June 30, 2024.

DISCUSSION/ANALYSIS: Brightview Tree Care Services and West Coast Arborists continue to actively, service the following:

1. Tree canopy lifting

2. Tree pruning

3. Tree removal

4. Tree planting

5. Tree Emergency response

6. Tree line clearance

7. Groundwork (e.g., but not limited to shrub pruning and clearance)

8. Debris removal

9. Pest infested trees

10. Heavy dead wood in tree limbs

11. Shallow tree roots

This work has advanced preventative maintenance measures and aided efforts to manage safety and liability tree issues throughout the City. City staff continues to work with these vendors to identify potential tree issues to support proactive tree work to mitigate potential hazards. Additionally, these contractors have added capacity to the City’s response efforts to meet the ongoing community demand for tree services, which has totaled over 80 task orders at a cost of $860,450. These vendors have played a critical role in resolving tree damage and responding promptly to service calls.

Staff anticipates weather will continue to be a leading causefor tree services requiring City service response. Additionally, preventative tree measures will continue to be undertaken to help mitigate risk. As such, staff is requesting an increase in compensation for BrightView Tree Care Services in an amount not to exceed $850,000 and West Coast Arborists in an amount not to exceed $650,000.

FISCAL IMPACT: Sufficient funding to accommodate an increase in the cost of on-call tree maintenance services was approved in the Fiscal Year 2022/23 Adopted Operating Budget, and is allocated in to the Capital Maintenance Replacement for Parks project (PWC 8501).

Continuation of the funding for these services will be proposed in the Fiscal Year 2023/24 Operating Budget. There is no additional impact to the General Fund beyond the current annual funding levels.

ENVIRONMENTAL REVIEW: Approval of on-call tree maintenance agreements is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because any environmental impacts associated with any specific tree maintenance activity are speculative at this time, and it is anticipated that compliance with Fremont Municipal Code Chapter 18.218 (Standard Development

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Staff Report (ID # 4755) Meeting of December 13, 2022
Updated: 12/8/2022 12:41 PM by Alberto Quintanilla B Page 3 Requirements) will be sufficient to avoid such impacts. Typical tree maintenance activities will be exempt pursuant to CEQA Guidelines 15301(h) (maintenance of existing landscaping), but further review may be necessary on a case-by-case basis.

ATTACHMENTS: None.

RECOMMENDATIONS:

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Fremont City Council Meeting: 12/13/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4766) DOC ID: 4766
Updated: 12/8/2022 3:16 PM by Alberto Quintanilla Page 1 SECOND AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT – Consideration of an Amendment to the Employment Agreement between City Manager Karena Shackelford and the City of Fremont
Contact Persons:

Name: Tina Gallegos Brian Stott
Title: Human Resources Director Assistant City Manager
Div/Dept: Human Resources City Manager's Office
Phone: 510-494-4652 510-494-4660
E-Mail: [email protected] [email protected]

Executive Summary: The City Council held Closed Session meetings for the purpose of evaluating the City Manager’s performance and compensation. Subsequently, Mayor Mei requested that City staff bring forward an amendment to Ms. Shackelford Employment Agreement to provide a five percent merit-based wage increase.

BACKGROUND: Ms. Shackelford has been employed by the City of Fremont, in various positions since March 2006. The City Council appointed Ms. Shackelford as City Manager effective October 20, 2021.

DISCUSSION/ANALYSIS: In recognition of superior job performance over the course of Ms. Shackelford’s first year of employment as City Manager with the City of Fremont, Mayor Mei requests that the Council consider a five percent merit-based wage increase, effective upon adoption of the accompanying resolution.

FISCAL IMPACT: The annual cost of the recommended five percent wage increase will be $18,456 annually ($20,507 total compensation FICA and PERS) and will be absorbed by the General Fund.

ENVIRONMENTAL REVIEW: This action is not a project as defined by Pub. Res. Code Section 21065 and CEQA Guidelines Section 15378(b)(2), as an administrative, fiscal, personnel and policy action. The action is further exempt under CEQA Guidelines Section 15378(b)(4), as the creation of a government funding mechanism or other government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

ATTACHMENTS:
• Draft Resolution-Second Amendment to Employment Agreement of City Manager

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Resolution 2022-XX Page 1 of 1

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING A SECOND AMENDMENT TO THE EMPLOYMENT

AGREEMENT WITH THE CITY MANAGER

WHEREAS, the City Council of the City of Fremont entered into an Employment Agreement with City Manager Karena McGee Shackelford on October 20, 2021; and

WHEREAS, on July 12, 2022, the Employment Agreement was amended to provide the City Manager a cost of living wage increase in the amount of five percent (5%), commensurate with the wage increase provided to management employees in FY 2022/2023, as set forth in the Memorandum of Understanding between the City and the Fremont Association of Management Employees; and

WHEREAS, the City Council now desires to further amend the Agreement to provide a merit-based wage increase to Karena McGee Shackelford in the amount of f ive percent (5%), effective upon adoption of this resolution on December 13, 2022.

NOW, THEREFORE, BE IT RESOLVE D that the City Council of the City of Fremont authorizes the Mayor to execute the Second Amendment to the Employment Agreement with Karena McGee Shackelford to provide a merit-based wage increase in the amount of five percent (5%), in a form to be approved by the City Attorney.

ADOPTED ___________, 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: Draft Resolution-Second Amendment to Employment Agreement of City Manager (4766 : SECOND AMENDMENT TO THE CITY Fremont City Council Meeting: 12/13/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4772) DOC ID: 4772
Updated: 12/9/2022 4:26 PM by Alberto Quintanilla Page 1 MAYOR MEI REFERRAL: Direct Staff to Arrange for a Formal Review of Closed Session Brown Act Confidentiality Requirements and to Identify Potential Actions to Address Violations/Misconduct
Contact Persons:

Name: Lily Mei
Title: Mayor
Div/Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

MAYOR MEI REFERRAL: Direct staff to arrange for a formal Review of Closed Session Brown Act Confidentiality Requirements and to Identify Potential Actions to Address Violations/Misconduct.

Due to a recent Council Member’s deliberate actions and public violations including unauthorized disclosure of confidential information, this action requests that the City Council direct staff to arrange for a formal review of closed session Brown Act confidentiality requirements and to identify potential actions to address violations/misconduct.

RECOMMENDATION: Direct staff to arrange for training regarding closed session Brown Act confidentiality requirements and to identify potential actions to address the following:

1. Follow up of (previously approved and future) censures;

2. Communicating misinformation or falsehoods damaging to the City; and

3. Council member absences at City Council and closed session meetings.

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Fremont City CouncilDecember 13, 2022

Fremont City Council
December 13, 2022