MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
DECEMBER 6, 2022
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
6:15 P.M.
Call to Order: Mayor Mei called the meeti ng to order at 6:15 p.m.
Roll Call: Present: Mayor Mei, Vice Mayor Ke ng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Public Comment: None.
CONVENED TO A CLOSED SESSION at 6:17 p.m.
CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code 54957.6)
City Designated Representative: Lily Mei, Mayor; Tina Gallegos, Human Resources Director
Unrepresented Employee: City Manager
The Special Meeting of the Fremont City Council adjourned at 6:50 p.m.
Attest: Approved:
________________________________ ___________________________ Alberto Quintanilla, Assistant City Clerk LILY MEI, Mayor
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
DECEMBER 6, 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 7:05 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.
City Attorney Alvarado reported that the Council conducted a conference in Closed Session.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.
On a motion by Councilmember Cox, seconded by Councilmember Jones, 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. Approval of Minutes – None.
*Consent Items
* C. Mayor Mei opened consideration to Cons ider Adopting a Resolution to Dedicate 8.84 Acres at the Corner of Paseo Padre Parkway and Stevenson Boulevard as Parkland and to find that no further environmental review is required for the parkland dedication pursuant to CEQA Guidelines 15307, 15308, 15162, 15163, 15678(b) and 15601(b)(3)
On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council:
1. Adopted Resolution No. 2022-60 dedicating 8.8 4 acres of land at Paseo Padre Parkway and Stevenson Boulevard as parkland and making CEQA findings.
2. Found that designation of the 8.84 acres of land at Paseo Padre Parkway and Stevenson Boulevard for park purposes is exempt from the requirements of CEQA per CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources), Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), Sections 15162 and 15163 (Actions analyzed under the General Plan EIR), and Sections 15378(b) and 15601(b)(3), as the dedication is an administrative activity.
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 Author ize City Manager or Designee to Execute an Agreement for Commercial Real Estate Consulting and Brokerage Services in the Amount Not to Exceed $30,300 Plus Brokerage Commission Not to Exceed $1,400,000
On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council:
1. Authorized City Manager or designee to exec ute an agreement with DCG Strategies, Inc. to perform commercial real estate analysis and real estate brokerage services as necessary to purchase parkland for future development for the amount of $25,250, plus a 20% contingency of $5,050, for a total not-to-exceed amount of $30,300 and brokerage commission of 2.5% of the purchase price for potential parkland acquired, not to exceed an estimated $1,400,000.
2. Found that the award of the proposed agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The procurement of real estate brokerage services to evaluate and identify potential land purchases will clearly not have a significant effect on the environment and, thus, CEQA does not apply, and no further environmental review is necessary. Any future land purchase will be analyzed under CEQA separately from this contract.
*Consent Items
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 to Author ize the City Manager or their designee to enter into a $230,500 Standard Service Agreement with the County of Alameda for the City to provide non-congregate shelter options for individuals and families experiencing homelessness; Approve related appropriation actions; and authorize the City Manager or designee to execute FY 2022/23 Standard Service Agreements with K B & Son, Inc. and C & L, LLC, for temporary use of hotel rooms as winter relief shelter utilizing the Alameda County grant and making findings of CEQA exemption.
On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council approved the
following actions related to the 2023 Citywide Pavement Crack Seal Project (PWC8195-V1):
1. Authorize the City Manager or designee to execute a FY 2022/23 Standard Service Agreement of $230,500 with the County of Alameda to support the Winter Relief program.
2. Increase the revenue estimate in the Mi scellaneous Operating Grants Fund (Fund 193) by $55,000 to reflect the service agreement with the County of Alameda and increase appropriations by $55,000 for the Winter Relief program.
3. Authorize the City Manager or design ee to execute FY 2022/23 Standard Service Agreements with K B & Son, Inc. and C & L, LLC, for temporary use of hotel rooms as winter relief shelter.
4. Find that the actions are exempt from revi ew under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15183 and/or 15061(b)(3).
Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: World AIDS Day
*Consent Items
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.
The following person(s) commented: John Hinds and Kelly Abreu
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of Pub lic Hearing (Published Notice) to Consider Adoption of a Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program Prepared and Circulated for the I-880 Innovation Bridge and Trail Project (East Bay Greenway Reach 6) in Accordance with the Requirements of the California Environmental Quality Act (PWC8907)
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.
Public Works Director, Hans Larsen provided a presentation. Mayor Mei opened the public comment period. The following persons commented: William Yragui, Steve Skala and Kelly Abreu.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:
1. Hold the Public Hearing
.
2. Adopted Resolution No. 2022-61 making requir ed findings pursuant to the California Environmental Quality Act, and adopting the Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as shown in Exhibit “A” and Exhibit “B” to the staff report.
Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
*Consent Items
B. Mayor Mei opened consideration of Public Hearing (Published Notice) to Consider the Development Impact Fee Annual Report for Fiscal Year 2021/22 and an Increase in Development Impact Fees in an Amount of 13.65% to Align with the Bay Area Construction Cost Index
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.
Public Works Director, Hans Larsen provided a presentation. Mayor Mei opened the public comment period. The following persons commented: Lisa Danz and Dennis Martin.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:
1. Approved the Development Impact Fee Annual Report FY 2021/22 .
2. Held a public hearing to hear any public comments regarding the proposed impact fee adjustment.
3. Adopted Resolution No. 2022-62 approving a 13 .65% increase to development impact fees for the capital facilities, fire facilities, park facilities, parkland, and traffic programs to reflect construction cost changes in 2022, effective July 1, 2023.
Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
6. OTHER BUSINESS
A. Mayor Mei opened consideration to Cons ider Options for the Continued Maintenance and Operations of the 900 acres at Stanford Staging Area and the larger Mission Peak area 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) (Mission Peak Lease Agreement with East Bay Regional Park District (EBRPD))
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. Mayor Mei opened the public comment period. The following persons commented: Sue Inki D, Ajit, Ivy Tse, Tony Pang, Mohan Hegde, Veronica, Keith Parker, Ravi Keswani, Suresh, Mary Alyono, William Yragui, Gary Parikh, Ben Yee, Sujata, Kelly Abreu, and Naren Immadi
On a motion by Councilmember Jones, seconded by Councilmember Shao, the City Council considered options for the continued maintenance and operations of the 900 acres at Stanford Staging Area and the larger Mission Peak area for the purpose of public park, recreation, and
*Consent Items
open space and found that no further environmental review was required for the lease pursuant to CEQA Guidelines 15307, 15162, 15163, 15678(b) and 15601(b)(3)
Ayes: Mayor Mei, Vice Mayor Keng Councilmembers: Jones, Shao, Salwan, and Cox
Noes: Councilmembe
r Kassan
Absent: None
Abstain: None
7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals – 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 10:37 p.m.
Attest: Approved:
________________________________ ___________________________ Alberto Quintanilla, Assistant City Clerk LILY MEI, Mayor
*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 reported 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