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
*Consent Items
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
*Consent Items
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
*Consent Items
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.
*Consent Items
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
*Consent Items
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.
* 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 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;
*Consent Items
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.
*Consent Items
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
*Consent Items
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.
*Consent Items
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
*Consent Items
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
*Consent Items
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.
*Consent Items
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
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