*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
DECEMBER 13, 2022
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
1. PRELIMINARY
A. Call to Order: Mayor Mei called the meeti ng to order at 7:01 p.m.
B. Flag Salute: Councilmember Jones led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Ke ng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
D. Announcements by Mayor/City Manager/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* B. Mayor Mei opened considera tion of Approval of Minutes
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved minutes for the Special and Regular Meetings of November 1, 2022, the Regular Meeting of November 15, 2022, and the Special Meeting of November 30, 2022
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
*Consent Items
* C. Mayor Mei opened consideration to Adopt a Resolution that Certifies the November 8, 2022 Election Results
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-63 that:
1. Receives the Official Canvass of th e General Municipal Election held on November 8, 2022 from the Alameda County Registrar of Voters.
2. Declares the results of the election.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* D. Mayor Mei opened consideration to Cons ider 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 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 recons idered 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 reconsiderati on of these findings at the regularly scheduled City Council meeting on January 10, 2023.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* E. Mayor Mei opened consideration of 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.
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved the following actions related to the 2023 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-G):
*Consent Items
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 cate gorically 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.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* F. Mayor Mei opened consideration to Author ize 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.
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council:
1. Authorized 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. Authorized 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.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* G. Mayor Mei opened Consideration of S econd Amendment to the Employment Agreement between City Manager Karena Shackelford and the City of Fremont
On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-64 and authorized the Mayor to execute the second amendment to the City Manager’s Employment Agreement which authorizes a merit-based five percent wage increase.
*Consent Items
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Resolution: Honoring Judith E. Schwartz for Twenty-One Years of Service Upon her Retirement
B. Recognition of and Comment s by Outgoing Councilmember
Mayor Mei opened the public comment period. The following persons commented: Kelly Abreu (Mission Peak Conservancy), Keith Parker and John Hinds.
C. Oath of Office and Installation of Newly Elected Councilmembers
D. Comments by Newly El ected Councilmembers
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications – None.
5. SCHEDULED ITEMS – None.
6. OTHER BUSINESS – None.
7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council 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
Mayor Mei provided an overview of her referral and responded to questions from Councilmembers.
Mayor Mei opened the public comment period. Caller *919 commented. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Campbell, seconded by Councilmember Shao, the City Council approved
the Brown Act training for Councilmembers.
*Consent Items
Ayes: Mayor Mei, Vice Mayor Keng,
Councilmembers: Campbell, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: Councilmember Kassan
Councilmember Kassan requested the following exchange be added to the minutes:
Vice Mayor Keng asked if the City Manager or City Attorney could clarify if there was ever a previously approved censure of a Councilmember. City Manager Shackelford stated there have been no previously approved censures. City Attorney Alvarado stated that City Staff would research what took place at a prior meeting, for the referral regarding potential misconduct, and provide the Council the City’s own record of what took place at that meeting.
B. Appointments to Boards, Commissions, Committees – None.
C. Legislative Actions – None.
D. Report on Committee Assignments – None.
Councilmembers report on their various meetings.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:53 p.m.
Attest: Approved:
________________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor