City Council Chambers
3300 Capitol Avenue
Fremont, CA
Fremont City Council
Lily Mei, Mayor
Teresa Keng, Vice Mayor
Desrie Campbell, 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
February 14, 2023
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 view the meeting on television and/or online or
attend in-person in the Council Chamber. The
Chambers have been arranged to encourage social
distancing between attendees and the public is
strongly encouraged but not required to wear
masks.
Submission of Public Comments: For those wishing
to make public comments at the February 14, 2023
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 - February 14, 2023
February 14, 2023 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) Attend meeting in-person in the Council Chamber, fill out a Speaker Card, and submit to the City Clerk. 2) By phone 833-430-0037 (toll free). Webinar ID: 826 4548 0474. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/82645480474
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.
February 14, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
February 14, 2023
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 Regular Meeting of December 20, 2022, the Regular Meeting of January 10, 2023, and the Regular Meeting of February 7, 2023
Contact Persons:
Name: Susan Gauthier
Title: City Clerk
Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]
RECOMMENDATION: Approve minutes.
February 14, 2023 Fremont City Council Page 4
3. Ceremonial Items - None.
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
A. BROWN ACT TRAINING
Contact Persons:
Name: Rafael Alvarado
Title: City Attorney
Dept: City Attorney's Office
Phone: 510-284-4030
E-Mail: [email protected]
RECOMMENDATION: Receive the report and presentation.
7. Items Referred by Councilmembers
A. Councilmember Referrals - None.
B. Appointments to Boards, Commissions, Committees - None.
C. Legislative Actions - None.
D. Report on Committee Assignments - None.
8. Adjournment
February 14, 2023 Fremont City Council Page 5
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
February 14, 2023 Fremont City Council Page 6
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 February 14, 2023 6:15 p.m. City Council Closed Session 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
Monday,
May 1, 2023 5:30 p.m. CC/FUSD Joint Meeting Council
Chambers Live
May 2, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 9, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 16, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 23, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
May 30, 2023 No City Council Meeting
(5th Tuesday)
June 6, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
Fremont City Council Meeting: 02/14/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4803) DOC ID: 4803
Updated: 2/9/2023 9:50 PM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Regular Meeting of December 20, 2022, the Regular Meeting of January 10, 2023, and the Regular Meeting of February 7, 2023 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 Regular Meeting of December 20, 2022, the Regular Meeting of January 10, 2023, and the Regular Meeting of February 7, 2023.
ATTACHMENTS:
• Draft Minutes
RECOMMENDATION: Approve minutes.
2.B.1
Packet Pg. 7
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
DECEMBER 20, 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 701 p.m.
B. Flag Salute: Councilmember Salwan led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Keng, Councilmembers: Campbell, 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 Salwan, seconded by Vice Mayor Keng, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor Ke ng, Councilmembers: Campbell, Kassan, Shao, Salwan, an
d Cox
Noes: None
Absent: None
A
bstain: None
* B.1 Mayor Mei opened considera tion of Approval of Minutes
This item was removed from the Consent Calendar. A motion was made by Councilmember Cox, seconded by Vice Mayor Keng, to introduce additional language into the December 13, 2022 minutes under Agenda Item 7.A.1. This was followed by a question and answer between Councilmembers and City Attorney Alvarado.
A substitute motion by Mayor Mei, seconded by Councilmember Shao, for the City Council to approve the December 13, 2022 minutes as they stand. There were additional comments by Councilmembers. Mayor Mei opened the public comment period. Blair Beekman commented.
There were no additional speakers. The vote was called for. The substitute motion was voted on and approved by the following vote:
2.B.1.a
Packet Pg. 8
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
Ayes: Mayor Mei, Councilmembers: Campbell, Shao,
and Salwan
Noes: Vice Ma yor Keng, Councilmembers: Kassan and Cox
Absent: None
A
bstain: None
On a motion by Councilmember Salwan, seconded by Councilmember Shao, the City Council approved minutes for the Special and Regular Meetings of December 6, 2022
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Kassan, Shao, Salwan, an
d Cox
Noes: None
Absent: None
A
bstain: Councilmember Campbell
* C. Mayor Mei opened consideration to approve amendments to the Military Equipment Use Policy for the purchase of additional UAS and PepperBall VKS launchers and amendments clarifying the use of UAS in partnership with the Fire Department; making related findings
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Blair Beekman commented. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Shao, seconded by Councilmember Cox, the City Council:
1. Approved the amendment to Exhibit 1 of the Military Use Policy expressly approving supportive UAS operations between the Fremont Police and Fire Departments, adding three drones, and adding eighteen PepperBall VKS launchers.
2. Authorized FPD to seek grant funding in the 2022/23 COPS grant fund 151 and to purchase the requested three UAS and find that it is necessary because: a) there are no reasonable alternatives that can achieve the same objective of officer and civilian safety, b) the attached Military Equipment Use Policy with amendments will safeguard the public's welfare, safety, civil rights, and civil liberties, and c) the UASs are reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
3. Authorized FPD to seek grant funding in the 2022/23 COPS grant fund 151 and to purchase the requested eighteen PepperBall VKS launchers and find that it is necessary because: a) there are no reasonable alternatives that can achieve the same objective of officer and civilian safety, b) the attached Military Equipment Use Policy with amendments will safeguard the public's welfare, safety, civil rights, and civil liberties, and c) the PepperBall VKS launchers are reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
2.B.1.a
Packet Pg. 9
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
Ayes: Mayor Mei, Vice Mayor Ke ng, Councilmembers: Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
A
bstain: None
* D. Mayor Mei opened consideration of Appr oval to Authorize the City Manager or her designee to submit a 3-year cycle renewal grant application as co-applicant with the Fremont Unified School District for the After School Education and Safety (ASES) Program and execute Amendment No. 3 to Agreement No. 18-0217; authorize the City Manager or her designee to execute an additional agreement with the Fremont Unified School District (FUSD) for the Extended Learning Opportunity Program (ELO-P); and related appropriation actions (FUSD Partnership Agreements - After School Education and Safety Program Grant)
On a motion by Councilmember Salwan, seconded by Vice Mayor Keng, the City Council:
1. Authorized the City Manager or her de signee to submit a 3-year cycle renewal application as co-applicant with the Fremont Unified School District to collaboratively operate the State of California Department of Education for the After School Education and Safety (ASES) Program.
2. Approved and authorized the City Manager or her designee to execute Amendment No. 3 to the existing Agreement No. 18-0217 with the Fremont Unified School District for partnership and services related to the ASES Grant Program covering the next 3-year renewal cycle.
3. Approved and authorized the City Manager or her designee to enter into an Agreement with the Fremont Unified School District (FUSD) for the Extended Learning Opportunity Program (ELO-P).
4. Recognized an additional $257,536 of revenue in Recreation Cost Center (Fund 189) and appropriate it to pay for the expenses of the ELO-P.
Ayes: Mayor Mei, Vice Mayor Ke ng, Councilmembers: Campbell, Kassan, Shao, Salwan, an
d Cox
Noes: None
Absent: None
A
bstain: None
* E. Mayor Mei opened consideration of Approval to Authorize the City Manager or Designee to Execute the Facilities Maintenance Agreement with California SkateParks (Fremont Skate Park Maintenance and Safety Work)
On a motion by Councilmember Salwan, seconded by Vice Mayor Keng, the City Council authorized City Manager or designee to execute an agreement with California SkateParks to perform maintenance and safety work at Fremont Skate Park through June 30, 2024, for a total not-to-exceed amount of $219,600.
2.B.1.a
Packet Pg. 10
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
Ayes: Mayor Mei, Vice Mayor Ke ng, Councilmembers: Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
A
bstain: None
* F. Mayor Mei opened consideration of Approval to Authorize the City Manager to Execute Agreements to Provide Housing Transition Navigation and Housing Tenancy and Sustaining Services; Appropriation Actions. (Alameda County Housing Community Supports Contracts)
On a motion by Councilmember Salwan, seconded by Vice Mayor Keng, the City Council:
1. Authorized the City Manager or her desi gnee to execute agreements with Alameda County including a capacity building agreement not to exceed $30,000, and a service agreement not to exceed $290,000.
2. Increased the revenue estimate in the Mi scellaneous Operating Grants Fund (Fund 193) by $320,000 and appropriate the additional revenue for the purposes described in the staff report.
3. Made findings of CEQA exemption.
Ayes: Mayor Mei, Vice Mayor Ke ng, Councilmembers: Campbell, Kassan, Shao, Salwan, an
d Cox
Noes: None
Absent: None
A
bstain: None
3. CEREMONIAL ITEMS – None.
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
The following person commented: Blair Beekman
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of a Pub lic Hearing (Published Notice) to Consider the Planning Commission’s Recommendation to Adopt an Ordinance Amending The City’s Affordable Housing Ordinance (Chapter 18.155 of the Fremont Municipal Code) to Include a Live/ Work Preference Policy for City Regulated Affordable Housing Developments, and to Consider a Finding that No Further Environmental Review is Required Pursuant to the California Environmental Quality Act (CEQA), Per, Without Limitation, Each as a Separate and Independent Basis, CEQA Guidelines Sections 15378 and 15061. (Live / Work Preference Policy – Citywide)
2.B.1.a
Packet Pg. 11
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
Housing Manager, Lucia Hughes provided a brief overview. Mayor Mei opened the public hearing. There being no speakers, Mayor Mei closed the public hearing. This was followed by questions and comments from Councilmembers.
On a motion by Councilmember Shao, seconded by Councilmember Cox, the City Council:
1. Held public hearing.
2. Found that the amendments are exempt from the requirements of the California Environmental Quality Act (CEQA), per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment; and (2) CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the amendments will have the potential for causing a significant effect on the environment.
3. Found that the proposed amendments are consis tent with the General Plan, including the Housing and Land Use Element policies discussed in the staff report.
4. Found that the proposed amendments furt her the public interest, convenience, and general welfare of the city by encouraging a more balanced jobs to housing ratio, thereby reducing the need for residents to travel outside of the city for work.
5. Waived full reading and introduced an or dinance amending the Affordable Housing Ordinance (Fremont Municipal Code Chapter 18.155).
6. Directed staff to prepare and the City Clerk to publish a summary of the proposed ordinance.
7. Directed the City Clerk to publish a notice of public hearing to consider adoption of the ordinance in accordance with Government Code Section 6066 and 50022.3.
Ayes: Mayor Mei, Vice Mayor Ke ng, Councilmembers: Campbell, Kassan, Shao, Salwan, an
d Cox
Noes: None
Absent: None
A
bstain: None
6. OTHER BUSINESS – None.
7. ITEMS REFERRED BY COUNCILMEMBERS
A. Councilmember Referrals
1. COUNCILMEMBER COX REFERRAL: Request for a Flag Raising Ceremony to Celebrate Black History Month in February 2023 and Beyond
Councilmember Cox provided an overview of her referral. There were questions and comments from Councilmembers. No public speakers on this item.
On a motion by Councilmember Cox, seconded by Campbell, the City Council to direct staff to prepare for and conduct a Flag Raising Ceremony in honor of Black History Month starting in
2.B.1.a
Packet Pg. 12
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
February 2023 and annually thereafter to show support and foster the common values and commitments that unite all people against all forms of racism, discrimination, harassment, hatred, violence directed at racial and ethnic minorities. Black History Month is a time to look to the future to improve society so that we live up to the ideals of freedom, equality, and justice. The motion was substituted by Councilmember Cox, and seconded by Councilmember Campbell, that the City Council accept the referral as is, for a flag raising ceremony in honor of Black History Month starting in February 2023, and that in addition Council will have a follow-up action that City Staff will make recommendations on a policy for flag raising ceremonies going forward in spirit of diversity, equity and inclusion.
Ayes: Mayor Mei, Vice Mayor Ke ng, Councilmembers: Campbell, Kassan, Shao, Salwan, an
d Cox
Noes: None
Absent: None
A
bstain: None
B. Appointments to Boards, Commissions, Committees
1. MAYOR MEI REFERRAL: Appointments and Reappointments to Advisory Bodies
Appointments:
Advisory Body Appointee Term Expires
Environmental Sustainability Commission Steve Skala 12/31/2026 (At-Large Representative)
Planning Commission Shobana Ramamurthi 12/31/2026
Recreation Commission Narda Mamou 12/31/2026
Reappointments:
Advisory Body Appointee Term Expires
Art Review Board Christin a Valdez Rodriguez 12/31/2026
Citizens Advisory Committee Beny Jain 12/31/2026
Arif Mohamed 12/31/2026
Alyssia Wong 12/31/2026
East Bay Regional Park District Larry Thompson 12/31/2026 Liaison Committee
(Recreation Commission Primary Representative)
Economic Development Advisory Commission Jim Tietz 12/31/2026 (At Large Representative)
Economic Development Advisory Commission Kari Paige 12/31/2026 (Commercial/Industrial Representative)
2.B.1.a
Packet Pg. 13
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
Reappointments:
Advisory Body Appointee Term Expires
Environmental Sustainability Commission Shreya Ramachandran 12/31/2026 (Student Representative)
George W. Patterson House Advisory Board Elissa Winters 12/31/2025 (Recreation Commission Representative)
George W. Patterson House Advisory Board Al Minard 12/31/2026 (Mission Peak Heritage Foundation Representative)
George W. Patterson House Advisory Board Patricia Lacy 12/31/2025 (Washington Township Historical Society Representative)
Human Relations Commission Anna Wang 12/31/2026
Library Advisory Commission Kathleen Lang 12/31/2026
Planning Commission Charle s Haiyun Liu 12/31/2026
Senior Citizens Commission Linette Young 12/31/2026
Monique Chapman 12/31/2026
Youth Advisory Commission Justin Ho 12/31/2024
Meryl Mathew 12/31/2024
On a motion by Councilmember Cox, seconded by Councilmember Campbell, the City Council approved appointments and reappointments.
Ayes: Mayor Mei, Vice Mayor Ke ng, Councilmembers: Campbell, Kassan, Shao, Salwan, an
d Cox
Noes: None
Absent: None
A
bstain: None
C. Legislative Actions – None.
D. Report on Committee Assignments
Councilmembers reported on their various meetings.
2.B.1.a
Packet Pg. 14
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:30 p.m.
Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor
2.B.1.a
Packet Pg. 15
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
JANUARY 10, 2023
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 7:00 p.m.
B. Flag Salute: Councilmember Salwan led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Keng, Councilmembers: Campbell, Kassan, Shao, Salwan, and Cox
D. Announcements by Mayor/City Manager/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
Announcement by City Attorney: Prior to the City Council voting on the Consent Calendar, the Council has a Non-Agenda Item concerning a Local Emergency, for discussion. The Proclamation of a Local Emergency, Staff Report, and Draft Resolution were distributed via email to Councilmembers and posted online earlier in the day.
The City Council may take action at this meeting on this non-agendized item, as an emergency action. To do so, the City Council must first adopt a motion to determine that an emergency situation exists. Staff recommends that the Council do so on the grounds that the local emergency proclamation concerns recent and anticipated storm events that severely impairs public health and safety.
Following the Council’s vote determining that this non-agendized item concerns an emergency situation, the Council may then deliberate on the recommendation in the staff report. Staff recommends that the City Council adopt a resolution ratifying the emergency proclamation issued by the City Manager serving as the City’s Director of Emergency Services. As the Council will observe, the City Manager has proclaimed the existence of a local emergency throughout the City of Fremont due to recent and anticipated weather events.
Non-agendized Agenda Item:
RATIFICATION OF PROCLAMATION OF LOCAL EMERGENCY
On January 9, 2023, the City Manager, as the Director of Emergency Services for the City, proclaimed a local state of emergency in the City of Fremont in response to torrential rains, flooding, and high winds, which have caused conditions of extreme peril to the safety of persons and property.
2.B.1.a
Packet Pg. 16
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
Mayor Mei opened the public comment period. The following person commented: John Hinds.
There were no additional speakers. City Attorney Alvarado responded to questions from Councilmembers.
On a motion by Councilmember Mei, seconded by Councilmember Shao, the City Council found that an “emergency situation” exists necessary to act on this non-agendized item.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
On a motion by Councilmember Cox, seconded by Councilmember Campbell, the City Council adopted Resolution No. 2023-01 Ratifying the Proclamation of a Local Emergency declared on January 9, 2023, by the City Manager in her capacity as the Director of Emergency Services.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
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 Vice Mayor Keng, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* B. Approval of Minutes – None.
* C. Mayor Mei opened consideration of Seco nd Reading and Adoption of an Ordinance of the City of Fremont Amending Fremont Municipal Code Title 18 Planning and Zoning, Chapter 18.155 Affordable Housing, Adding Section 18.155.095 Live/Work Local Preference and Making Findings of CEQA Exemption (CEQA Guidelines Sections 15162, 15183, AND 15061(B)(3))
2.B.1.a
Packet Pg. 17
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
See Green Sheet w/attachments on file.
On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council waived the second reading and adopted Ordinance No. 01-2023 amending Fremont Municipal Code Title 18 Planning and Zoning, Chapter 18.155 Affordable Housing, Adding Section 18.155.095 Live/Work Local Preference and Making Findings of CEQA Exemption (CEQA Guidelines Sections 15162, 15183, AND 15061(B)(3)).
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, 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 Cox, seconded by Vice Mayor Keng, 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 February 7, 2023.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* E. Mayor Mei opened consideration to Authoriz e the City Manager, or Designee, to issue a purchase order to Dell Technologies in the amount of $134,638.02 for the purchase of an additional server and storage system and execute a service agreement with Eplus Technology Inc for the Annual Hardware and Software Support and Maintenance of the Rubrik Enterprise Backup Solution in the amount of $401,242.40
On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council:
1. Find that the purchase of computer hardware and software maintenance is not a project under the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(3) as the proposed action will clearly not have a significant effect on the environment and, thus, CEQA does not apply.
2.B.1.a
Packet Pg. 18
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
2. Authorize the City Manager, or designee, to execute a service agreement with Eplus Technology, Inc. in the amount of $401,242.40 (including applicable sales tax and shipping charges) for three years of support for the Rubrik Enterprise Backup and Recovery Solution.
3. Authorize the City Manager, or designee, to issue a purchase order to Dell Technologies in the amount of $134,638.02 (including applicable sales tax and shipping charges) for the Dell Technologies VxRail Hyperconverged Infrastructure augmentation and to execute any implementing documents and take any implementing actions as necessary.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* F. Mayor Mei opened consideration to Adopt a Resolution Summarily Vacating a portion of the Emergency Vehicle Access Easement at 44408 Pacific Commons Boulevard in Bayside Industrial Community Plan Area (PLN2022-00397) and Make Finding of CEQA Exemption.
On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council:
adopted Resolution No. 2023-02 to vacate a portion of the Emergency Vehicle Access Easement at 44408 Pacific Commons Boulevard
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* G. Mayor Mei opened Consideration of Appr oval of Agreements for On-Call Architectural Design Consulting Services with Interactive Resources, Inc., Joseph Chow & Associates, Inc., Aetypic, Inc., FOG Studio, and Shultz and Associates, Inc.
On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council made findings of CEQA exemptions, and approved and authorized the City Manager or designee to execute a Master Service Agreement with the following consultants:
1. Interactive Resources, Inc. for on-call archit ectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
2. Joseph Chow & Associates, Inc. for on-call ar chitectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
3. FOG Studio for on-call architect ural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
4. Aetypic, Inc. for on-call arch itectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
2.B.1.a
Packet Pg. 19
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
5. Shultz and Associates, Inc. for on-call archit ectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* H. Mayor Mei opened Consideration of A pproval of Amendment to the Professional Services Agreement with T.Y. Lin International, to Increase Funding by $1,100,000 for a Total Agreement Amount Not to Exceed $5,720,000.00, for Final Design Services Related to the I-880 Innovation Bridge and Trail Project (PWC8907).
On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council authorized the City Manager or designee to execute an Amendment to the Professional Services Agreement with T.Y. Lin International, to increase funding by $1,100,000 for a total agreement amount not to exceed $5,720,000.00, for final design services related to the I-880 Innovation Bridge and Trail Project (PWC8907).
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* I. Mayor Mei opened Consideration to Am end Agreement with Environmental Logistics Inc. for Services to Respond to Hazardous Materials Emergencies to Increase the Annual Compensation Amount to $216,000 for the Final Year of the Contract.
On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council made findings of CEQA exemption, and authorize the City Manager or designee to execute an amendment to the Hazardous Materials Response Agreement with Environmental Logistics Inc. to increase compensation by $60,000, to an amount not to exceed $216,000 for the last year of the contract.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
2.B.1.a
Packet Pg. 20
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
3. CEREMONIAL ITEMS
A. Proclamation: Afro American Cultural & Historical Society - 46th Commemoration of Dr. Martin Luther King, Jr.
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: Brittany Tollner, Jung-Ho Pak, Barrett Hoover, Iris, Salim Mastan, Suresh Marisetty, and Clement (CL).
5. SCHEDULED ITEMS
A. Mayor Mei opened Consideration To consider the Planning Commission's Recommendation for a General Plan Amendment to Adopt the 2023-2031 Housing Element, an Eight-Year Plan to Meet the Housing Needs of Everyone in the Community, and to Consider a Finding that No Further Environmental Review is Required Pursuant to the California Environmental Quality Act (CEQA), Per, Without Limitation, Each as a Separate and Independent Basis, CEQA Guidelines Section 15183, in that the Proposed Housing Element Update is Consistent with the Density Established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was Previously Prepared and Certified, and CEQA Guidelines Section 15061(b)(3), in that it Can be Seen with Certainty that There is No Possibility that the Proposed Housing Element Update would have the Potential for Causing a Significant Effect on the Environment.
Additionally, Many Programs in the Housing Element Qualify as Being Statutorily or Categorically Exempt from CEQA Review Pursuant to State CEQA Guidelines Sections 15378 (Definition of a Project), 15262 (Feasibility and Planning Studies), 15267 (Financial Assistance to Low or Moderate Income Housing), 15305 (Minor Alterations in Land), 15301 (Existing Facilities), and 15311 (Accessory Structures).
See Green Sheet w/attachments on file.
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.
Principal Planner, Wayland Li provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened the public hearing. The following person(s) commented:
Lisa Danz and Salim Mastan. There being no additional speakers, Mayor Mei closed the public hearing. This was followed by additional questions. Councilmembers provided comment.
On a motion by Councilmember Kassan, seconded by Councilmember Cox, to accept staff recommendation with the one change of using the language, suggested in Attachment 2 of
2.B.1.a
Packet Pg. 21
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
Green Sheet, by the Nor Cal Carpenters Union in place of the staff suggested language. This was followed by a question an answer period.
A substitute motion by Councilmember Cox, seconded by Councilmember Shao, to adopt staff recommendation and to use the language proffered by City Staff, in its memo (Green Sheet) dated January 10, 2023, the city council:
1. Held public hearing.
2. Found that the amendments are exempt from the requirements of the California Environmental Quality Act (CEQA), per, without limitation, each as a separate and independent basis, CEQA Guidelines Section 15183 and/or 15162 in that the proposed Housing Element update is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified and none of the circumstances necessitating further environmental review are present; and/or CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed Housing Element update would have the potential for causing a significant effect on the environment, and additionally, many programs in the Housing Element qualify as being statutorily or categorically exempt from CEQA review pursuant to State CEQA Guidelines Sections 15378 (Definition of a Project), 15262 (Feasibility and Planning Studies), 15267 (Financial Assistance to Low or Moderate Income Housing), 15305 (Minor Alterations in Land), 15301 (Existing Facilities), and 15311 (Accessory Structures);
3. Found that the 2023-2031 Housing Element is consistent with the General Plan;
4. Found that the adoption of the 2023-2031 Housi ng Element furthers the public interest, convenience, and general welfare of the city;
5. Adopted Resolution No. 2023-03 amending th e General Plan to adopt the 2023-2031 Housing Element (Exhibit “A”); and adopted staff recommendation to use the language proffered by City Staff, in its memo (Green Sheet) dated January 10, 2023, as follows:
“Regarding Attachment 2, staff recommends acknowledging the need for an adequate construction workforce through the inclusion of the following language in Chapter 5 of the Housing Element, page 5-6:
Availability of an Adequate Construction Workforce
The availability of an adequate construction workforce is necessary to build the numerous residential developments needed to meet the region’s housing goals. Program 42 of the Housing Element commits the City to consulting with stakeholders, including representatives from the residential construction industry, on housing policy changes.
This provides an opportunity for discussion and consideration of potential impacts to the supply of construction labor when adopting housing policy changes.”
6. Directed staff to apply for available gran t funding to support implementation of Housing Element programs.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
2.B.1.a
Packet Pg. 22
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
6. OTHER BUSINESS – None.
7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals
1. MAYOR MEI REFERRAL FOR FLAG RAISING
Mayor Mei provided an overview of her referral and responded to questions from Councilmembers.
Mayor Mei opened the public comment period. There being no speakers, Mayor closed the comment period.
No action taken by City Council.
B. Appointments to Boards, Commissions, Committees – None.
C. Legislative Actions – None.
D. Report on Committee Assignments – None.
Councilmembers report on their various committee meetings.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 10:30 p.m.
Attest: Approved:
________________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor
2.B.1.a
Packet Pg. 23
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
FEBRUARY 7, 2023
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 Ma yor Keng (arrived at 7:06 p.m.), Councilmembers: Campbell, Kassan, Shao, Salwan, and Cox
D. Announcements by Mayor/City Manager/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
There was a delay at the beginning of the meeting of about 60 minutes, due to technical difficulties in Council Chambers & Zoom. The meeting resumed at approximately 8:05 p.m.
There were no deliberations by Council nor discussion of agenda items during this period.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.
On a motion by Councilmember Shao, seconded by Councilmember Cox, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
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
2.B.1.a
Packet Pg. 24
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
On a motion by Councilmember Shao, seconded by Councilmember Cox, 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 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 March 7, 2023.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* D. Mayor Mei opened Consideration of a Resolution Adopting th e City of Fremont's Salary Schedule
On a motion by Councilmember Shao, seconded by Councilmember Cox, the City Council adopted Resolution No. 2023-04 approving the City of Fremont’s Salary Schedules as established by the City Manager.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* E. Mayor Mei opened consideration of Approval of Plans and Sp ecifications; Award of Construction Contract to Golden Bay Construction, Inc. in the Amount of $2,226,859.50 (Includes 10% Contingency) to Implement the Fremont Boulevard and Walnut Avenue Protected Intersection Project (PWC9044); Appropriation Actions; and Make Findings of CEQA Exemption.
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. John Hinds commented. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Kassan, seconded by Councilmember Campbell, the City Council approved the following actions related to the Fremont Boulevard and Walnut Avenue Protected Intersection Project (PWC9044):
1. Find that this project is exemp t from California Environmental Quality Act (CEQA) review pursuant to Section 21080.25 of the Public Resources Code as a sustainable
2.B.1.a
Packet Pg. 25
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
transportation project that implements pedestrian and bicycle facilities and improves multimodal safety and access for current and potential transit 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. 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, Golden Bay Construction, Inc. in the amount of $2,024,417.50 and allocate a 10% construction contingency in the amount of $202,442 for a total construction contract amount of $2,226,859.50 and authorize the City Manager or designee to execute the contract.
4. Appropriate the federal g rant funds in the amount of $1,271,000 to PWC9044-522.
5. Reallocate $130,000 from PWC 8988-136 and appropriate it to PWC9044-136.
6. Reallocate $30,000 from PWC 9033-531 and appropriate it to PWC9044-531.
7. Reallocate $330,888 from PWC 9050-515 and appropriate it to PWC9044-515.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Salwan, and Cox
Noes: Councilmember Shao
A
bsent: None
Abstain: None
* F. Mayor Mei opened consideration of Approval of Plans and Sp ecifications; Award of Construction Contract to Redgwick Construction Co. in the Amount of $2,925,617.48 (Including 10% Contingency) to Implement the Fremont Boulevard Protected Intersection Improvements at Grimmer Boulevard and Eugene Street (PWC9076); Appropriation Actions; and Make Findings of CEQA Exemption.
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. John Hinds commented. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Kassan, seconded by Councilmember Cox, the City Council approved the following actions related to the Fremont Boulevard Protected Intersection Improvements at Grimmer Boulevard and Eugene Street (PWC9076):
1. Find that this project is exemp t from California Environmental Quality Act (CEQA) review pursuant to Section 21080.25 of the California Public Resources Code as a sustainable transportation project that implements pedestrian and bicycle facilities and improves multimodal safety and access for current and potential transit 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. 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, Redgwick Construction Co. in the amount of $2,659,652.25 and
2.B.1.a
Packet Pg. 26
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
allocate a 10% construction contingency in the amount of $265,965.23 for a total construction contract amount of $2,925,617.48 and authorize the City Manager or designee to execute the contract.
4. Appropriate the federal g rant funds in the amount of $1,415,000 to PWC9076-522.
5. Reallocate $100,000 from PWC 7953-514 and appropriate it to PWC9076-514.
6. Reallocate $262,678 from PWC 7953-515 and appropriate it to PWC9076-515.
7. Reallocate $67,322 from PWC 7953-531 and appropriate it to PWC9076-531.
8. Reallocate $210,000 from PWC 8874-520 and appropriate it to PWC9076-520.
9. Reallocate $350,000 from PWC 8944-519 and appropriate it to PWC9076-519.
10. Reallocate $25,112 from PWC 9050-515 and appropriate it to PWC9076-515.
11. Reallocate $369,000 from PWC 9050-518 and appropriate it to PWC9076-518.
12. Reallocate $69,150 from PWC 9050-520 and appropriate it to PWC9076-520.
13. Appropriate $500,000 of unalloca ted SB1 Gas Tax fund balance (Fund 134) to PWC9076‑134.
Ayes: Mayor Mei, Councilmembers: Campbell, Kassan, Salwan, and Cox
Noes: Vice Ma yor Keng, Councilmember Shao
Absent: None
Abstain: None
* G. Mayor Mei opened Consideration to Approve the transfer of $80,700 from Park Cost and Scope Contingency, PWC8101; approve the Plans and Specifications; award a Construction Contract in the amount of $329,358 to Silicon Valley Paving, Inc., plus a 10% Construction Contingency in the amount of $32,936 for a total construction contract amount of $362,294; and find the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15302 (Replacement or Reconstruction) and Section 15303 (New Construction or Conversion of Small Structures).
On a motion by Councilmember Shao, seconded by Councilmember Cox, the City Council:
1. Found the project to be categoric ally exempt under California Environmental Quality Act (CEQA) Guidelines Section 15302 as the replacement or reconstruction of existing structures and facilities involving negligible or no expansion and Section 15303 new construction or conversion of small structure appurtenant to existing park use.
2. Approved and transfer the amount of $80,700 from Park Cost a nd Scope Contingency, PWC8101-541 to PWC 9012-541.
3. Approved the plans and specifi cations for the Rix Park Basketball Court Project, PWC 9012.
4. Accepted the bid, awarded and executed the construction cont ract to Silicon Valley Paving, Inc. for the bid of $329,358, plus 10% contingency in the amount of $32,936, for a total construction contract amount of $362,294 for the Rix Park Basketball Court Project, PWC 9012.
2.B.1.a
Packet Pg. 27
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* H. Mayor Mei opened Consideration to Authorize the City Manag er or their Designee to Enter into an Amendment with the County of Alameda, for the City to Provide Access Point and Housing Resource Center Services, in the Amount of $177,082.
On a motion by Councilmember Shao, seconded by Councilmember Cox, the City Council:
1. Authorized the City Manager or her designee to execute a FY 2022/23 Standard Service Agreement Amendment of $177,082 with the County of Alameda to provide Access Point and Housing Resource Center services and make findings of CEQA exemption discussed in this report.
2. Increased revenue estimates a nd appropriated an additional $12,030 for these services in the Alameda County Health Care Services Agency Fund (Fund 179).
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell,
Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* I. Mayor Mei opened Consideration of Approval of Final Map, I mprovement Plans and Agreement, and Dedication of Land and Public Easements for Tract 8205, located at 37899 Niles Boulevard (Niles Gateway)
Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Kelly Abreu commented. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council adopted Resolution No. 2023-05 to:
1. Approve the Final Map and the I mprovement Plans for Tract 8205.
2. Approve the Agreement for Priv ate Improvements entitled “Improvement Agreement, Private Improvements, Tract 8205”, with the developer, Lennar Homes of California, LLC, and authorize the City Manager to execute the agreement on behalf of the City.
3. Accept the developer’s offer of dedication of real property interests, as identified on the Final Map, provided that the acceptance of any property on which the developer is required to construct public improvements shall be conditioned upon the developer’s
2.B.1.a
Packet Pg. 28
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
completion of the improvements to the satisfaction of the City Engineer, and requested confirmation of receipt of the $300,000, pledged as part of the project, for supporting safe parking.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Salwan, and Cox
Noes: Councilmembers: Kassan and Shao
A
bsent: None
Abstain: None
* J. Mayor Mei opened Consideration to Extend agreement and iss ue purchase orders with Netsmart Technologies, Inc.
On a motion by Councilmember Shao, seconded by Councilmember Cox, the City Council authorized the City Manager, or her designee, to enter into a 5-Year Amendment to Master Agreement #19-0426 with Netsmart Technologies in an amount not to exceed $589,850.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* K. Mayor Mei opened Consideration to Authorize the City Manag er to Accept and Appropriate a Total of $20.5 Million in State Funding Grants for the Sabercat Bridge and Trail Extension Project ($12 Million), the Central Park Community Center Project ($8 Million), and the Housing Navigation Center Operating Costs ($500,000); (2) Adopt Resolutions Authorizing the City Manager to Execute Grant Funding Agreements; and (2) Find Actions are Exempt from CEQA Review.
On a motion by Councilmember Shao, seconded by Councilmember Cox, the City Council approve the following actions related to the State Grant Funds:
1. Find the actions are exempt fr om environmental review, each as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment). Environmental review will be conducted as part of the project environmental clearance process, as appropriate.
2. For the Sabercat Bridge and T rail project (Parks and Recreation Grant): Accept AB 179 funds in the amount of $6 million, appropriate the funds to the Sabercat Trail Extension Project – PWC8977-525, and adopted Resolution No. 2023-06 approving the city application for specified grant funds from the State Budget Act of 2022/23 in the amount of $6 million and certifying the City will have sufficient funds to complete and operate the project and will comply with the general provisions contained in the funding contract required per the 2022-23 Procedural Guide for Local Assistance Specified Grants.
2.B.1.a
Packet Pg. 29
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
3. For the Sabercat Bridge and Tra il project (Caltrans Grant): Accept AB 179 funds in the amount of $6 million, appropriate the funds to the Sabercat Trail Extension Project – PWC8977-525, and adopt Resolution No. 2023-08 authorizing the City Manager to execute agency-state master agreements for the Sabercat Bridge and Trail project and for other transportation projects that may be approved by the City for which state and/or federal funding is approved.
4. For the Central Park Commun ity Center project: Accept AB 179 funds in the amount of $8 million, appropriate the funds to the Central Park Community Center Project– PWC9087-525, and adopt Resolution No. 2023-07 authorizing the City Manager to execute a funding agreement with the State.
5. For the Housing Navigation Center: Accept AB 179 funds in th e amount of $500,000, appropriate the funds to the Housing Navigation Center project, and authorize the City Manager to execute a funding agreement with the State. No resolution is required for this item.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* L. Mayor Mei opened Consideration of Approval of Agreement fo r On-Call Consulting Services with RailPros, Inc. for the Development of Railroad Quiet Zone Projects
On a motion by Councilmember Shao, seconded by Councilmember Cox, the City Council approve and authorize the City Manager or her designee to execute a Master Service Agreement with RailPros, Inc. for on-call quiet zone consulting services for a total not-to- exceed compensation of $1,250,000 for five years.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* M. Mayor Mei opened Consideration to Authorize City Manager o r her designee to execute Amendment No. 1 to the Recreation Service Agreement with Communication Academy, Inc. to increase the amount not to exceed $185,000 for the current contract term through June 19, 2023.
On a motion by Councilmember Shao, seconded by Councilmember Cox, the City Council authorize the City Manager or her designee to execute Amendment No. 1 to the Recreation Service Agreement with Communication Academy, Inc. to increase the not-to-exceed compensation amount to $185,000 for the current contract term ending June 19, 2023.
2.B.1.a
Packet Pg. 30
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
* N. Mayor Mei opened Consideration to Adopt a Resolution autho rizing Alameda County to review and submit Edward Byrne Justice Assistance Grants (JAG) on behalf of the City of Fremont
On a motion by Councilmember Shao, seconded by Councilmember Cox, the City Council adopted Resolution No. 2023-09 authorizing and designating Alameda County and the Alameda County Board of Supervisors to review and submit all Edward Byrne Justice Assistance Grant Program (JAG Grants) on behalf of the City of Fremont.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Camp
bell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Honoring Black History Month
B. Proclamation: Congenital Heart Defect Awareness Week – February 7–14, 2023
C. Proclamation: Health for Humanity – Yogathon also known as “Surya Namaskar Yajna”
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: Dr. Romesh Japra, K.P. Maheshwari, Rajesh Verma, Siya Singh, Aarushi Jain, Anoshka Mody, Chandra Nayak, Anita, Phalguni Moday, Herbert Chill, Rocky Nagarajan, Prahalad R., Stephen Ho.
5. SCHEDULED ITEMS
A. Mayor Mei opened Consideration of a Public Hearing (Publishe d Notice) to Consider a First Party Appeal of the Planning Commission’s Denial of a Conditional Use Permit For a Freeway-Oriented Pylon Sign Located at 43510 Osgood Road, Adjacent To Interstate 680, and a Finding That No Further Environmental Review Is Required Pursuant To the
2.B.1.a
Packet Pg. 31
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
California Environmental Quality Act (CEQA) Per, Without Limitation, CEQA Guidelines Section 15311, Accessory Structures, and CEQA Guidelines Section 15183, Projects Consistent with the General Plan For Which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified.
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.
Associate Planner, James Willis provided a presentation and responded to questions from Councilmembers. The applicant/appellant, Mike Pati (President, Papé Properties), provided a presentation and responded to Council questions. Mayor Mei opened the public hearing. The following persons commented: Matt Senekeremian and Cindy Bonior (representing the Fremont Chamber of Commerce) and Kelly Abreu. There being no additional speakers, Mayor Mei closed the public hearing. Staff responded to questions. Councilmembers provided comment.
On a motion by Councilmember Campbell, seconded by Councilmember Kassan, the City Council:
1. Held de novo public hearing.
2. Adopted Resolution No. 2023-10, which:
a) Finds that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15311, Accessory Structures and CEQA Guidelines Section 15183 in that it is an on-site sign which conforms to the Fremont General Plan and applicable Zoning rules, and that each of the foregoing provides a separate and independent basis for CEQA compliance.
b) Determines that that proposed project is in compliance with the City’s zoning ordinance in that the orientation, height, size, and design of the pylon sign are in compliance with the development standards and policies for freeway-oriented pylon signs.
c) Based on the available information, evidence presented at the hearing and consideration of the above, finds that the proposed project is consistent with the City’s General Plan for the reasons described in this staff report and by reference in Informational 3 (December 8, 2022 Planning Commission Report).
3. Granted the Appeal (reversi ng the Planning Commission’s decision to deny the project and allow the project to proceed), approving the proposed Conditional Use Permit to allow a freeway-oriented sign as shown in Exhibit “A,” subject to the findings and conditions of approval contained in Exhibit “B”.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
2.B.1.a
Packet Pg. 32
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
6. OTHER BUSINESS
A. Mayor Mei opened consideration of Report Back and Request for Direction on Impact Fee Deferral Policy for Market Rate Residential Development Projects
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. There were no speakers.
On a motion by Vice Mayor Keng, seconded by Councilmember Shao, the City Council directed staff to prepare legislation to reflect Council’s desire to implement a fee deferral, that will require Planning Commission review before the ordinance comes to City Council for introduction and then adoption.
Ayes: Mayor Mei, Vice Mayor Keng,
Councilmembers: Campbell, Shao, Salwan, and Cox
Noes: Councilmember Kassan
A
bsent: None
Abstain: None
7. ITEMS REFERRED B Y COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees
1. Mayor Mei opened consideration of Mayor Mei Referral: Appoi ntments and Reappointments to Advisory Bodies
Appointments:
Advisory Body Appointee Term Expires
Human Relations Commission Benjamin Craig 12/31/2025
A n n i e H e 1 2 / 3 1 / 2026
K e i t h K o o 1 2 / 3 1 / 2026
On a motion by Councilmember Salwan, seconded by Councilmember Shao, the City Council approved appointments to the Human Relations Commission.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
2.B.1.a
Packet Pg. 33
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
Appointment:
Advisory Body Appointee Term Expires
M o b i l i t y C o m m i s s i o n T e j i n d e r D h a m i 1 2 / 3 1 /2025 (Driving Representative 1)
On a motion by Councilmember Salwan, seconded by Councilmember Shao, the City Council approved appointments to the Mobility Commission.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Shao, Salwan, and Cox
Noes: Councilmember Kassan
Absent: None
Abstain: None
Reappointments:
Advisory Body Appointee Term Expires
Library Advisory Commission David Sheen 12/31/2026
Youth Advisory Commission Jessica Li 12/31/2024
A d i t y a M i t t a l 1 2 / 3 1 / 2024
On a motion by Councilmember Salwan, seconded by Councilmember Shao, the City Council approved the reappointments.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
2. Mayor Mei opened consideration Requesting Adoption of a Reso lution to Update Council Assignments to Outside Committees, Commissions, and Boards
On a motion by Councilmember Salwan, seconded by Councilmember Shao, the City Council adopted Resolution No. 2023-11 designating Council assignments to outside committees, commissions, and boards and to update the exhibit to also reflect changes to contact information, meeting frequency and/or stipends for the various entities.
Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers:
Campbell, Kassan, Shao, Salwan, and Cox
Noes: None
A
bsent: None
Abstain: None
2.B.1.a
Packet Pg. 34
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07)
*Consent Items
C. Legislative Actions – None.
D. Report on Committee Assignments – None.
8. ADJOURNMENT: Mayor Mei held a moment of silence regarding the tragedies in Turkey and Syria. There being no further business, Mayor Mei adjourned the meeting at 11:10 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
2.B.1.a
Packet Pg. 35
Attachment: Draft Minutes (4803 : Approval of Minutes - 2022-12-20 - 2023-02-07) Fremont City Council Meeting: 02/14/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Presentations
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4810) DOC ID: 4810
Updated: 2/10/2023 9:17 AM by Alberto Quintanilla Page 1
BROWN ACT TRAINING
Contact Persons:
Name: Rafael Alvarado
Title: City Attorney
Div/Dept: City Attorney's Office
Phone: 510-284-4030
E-Mail: [email protected]
Executive Summary: On December 13, 2022, the City Council directed City staff to arrange a Brown Act training for the City Council. Consequently, City staff has prepared a presentation on the requirements of the Brown Act at the February 14, 2023 City Council meeting.
BACKGROUND: The Brown Act, codified in California Government Code section 54950 et. seq., is the state’s open meeting law. It applies to the meetings of California legislative bodies including city councils, boards, commissions and committees, and requires these meetings to be accessible to members of the public. The Brown Act provides that “[a]ll meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.” Confidential meetings of a legislative body, known as closed session meetings, are narrow exceptions to the public access rules of the Brown Act and must be specifically authorized under the law. The Brown Act strikes a balance between the importance for public access and the need for the occasional confidential discussion of certain subject matter.
DISCUSSION/ANALYSIS: On December 13, 2022, the City Council directed City staff to arrange a Brown Act training for the City Council. Consequently, City staff has prepared a presentation on the requirements of the Brown Act. The presentation will provide an overview and refresher of the Brown Act, including general open meeting rules, evolving teleconferencing procedures, and closed session and confidentiality requirements.
FISCAL IMPACT: None.
RECOMMENDATION: Receive the report and presentation.
6.A
Packet Pg. 36