*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
MAY 2, 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 7:01 p.m.
B. Flag Salute: Councilmember Keng led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng, Campbell, Kassan, Shao and Salwan
D. Announcements by Mayor/City Manager/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
City Manager Karena Shackelford introduced City Staff. There were no community announcements.
E. Report Out of Closed Session – 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 Salwan, seconded by Councilmember Keng, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None
* B. Approval of Minutes
* B.1. Mayor Mei opened consid eration of Approval of Minutes
See Green Sheet on file regarding correction to April 4, 2023 Special Meeting Minutes.
*Consent Items
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council approved minutes for the Special and Regular Meetings of April 4, 2023, and the Regular Meeting of April 18, 2023, including correction.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None
* C. Mayor Mei opened consideration of Second Reading and Adopt ion of an Ordinance of the City of Fremont Amending Title 18 (Planning and Zoning) Chapter 18.290 of the Fremont Municipal Code to Allow Market Rate Residential Development Projects to Defer Payment of Fees for up to 18 Months and Making Findings of CEQA Exemption
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council waived second reading and adopted Ordinance No. 04-2023 approving the proposed Zoning Text Amendment PLN2023-00216 to amend FMC Chapter 18.290, Development Impact Fees to allow market rate residential development projects to defer payment of development impact fees after building permit issuance.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None
* D. Mayor Mei opened consideration to Authorize the City Manag er, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with Solutions Simplified, for the Annual Software Licenses of the Zscaler Internet Access (ZIA) Web Content Monitoring and Security
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council:
1. Authorized the City Manager, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with Solutions Simplified, for the Annual Software Licenses of the Zscaler Internet Access (ZIA) Web Monitoring and Security.
2. Authorized the City Manager , or designee, to renew the Annual Software Licenses of the Zscaler Zero Trust Security Platform with Solutions Simplified, for an additional one- year term in an amount not-to-exceed $45,932.00.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None
*Consent Items
* E. Mayor Mei opened consideration to Authorize the City Manag er to Enter into an Amendment with Alameda County for Homeless Housing and Prevention Funds to Support the Housing Navigation Center and Other Services and Make Findings of CEQA Exemption
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council authorized the City Manager, or her designee, to 1) enter into an amendment for HHAP funding with Alameda County, in an amount not to exceed $1,314,714, for eligible services, including interim housing such as the Housing Navigation Center, permanent housing, and affordable or supportive housing operating subsidies, from July 1, 2023 to June 30, 2024; 2) further amend this agreement to extend the term through June 30, 2025, and include additional Round 4 funding released by the State; 3) and make findings of CEQA exemption as specified in this Report.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None
* F. Mayor Mei opened consideration to Approve Purchase Order w ith Deere & Company for the Purchase of Two Wide Area Lawn Mowers in an Amount Not to Exceed $170,940.62, through a Cooperative Agreement with Sourcewell; Exempt from CEQA Review per Guideline 15061. (Fleet Vehicles)
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council found the action is exempt from CEQA review per CEQA Guideline 15061 and authorized the City Manager or designee to execute a purchase order with Deere & Company for the purchase of two wide area lawn mowers in an amount not to exceed $170,940.62
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None
* G. Mayor Mei opened consideration to Authorize the City Manag er or their Designee to enter into an Agreement with EdeColigny Consulting, LLC, for the planning and development of a City-wide Strategic Plan to Respond to Homelessness, in the amount of $112,000
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council authorized the City Manager or their Designee to enter into an Agreement with EdeColigny Consulting, LLC, for the planning and development of a City-wide Strategic Plan to Respond to Homelessness, in the amount of $112,000.
*Consent Items
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None
* H. Mayor Mei opened consideration to Authorize the City Manag er to Execute Amendments Extending the Term of Agreement with Eden Housing Resident Services, Inc., to Provide Senior Service Coordination Services at Senior Housing Facilities in Fremont through December 2024 and Making Findings of CEQA Exemption
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council authorized the City Manager, or her designee, to extend the terms of the City’s senior housing service coordination agreement with Eden Housing Resident Services, Inc. (Eden), by two additional one-year terms, in an amount not to exceed $194,174 for the calendar year of January 1, 2023 through December 31, 2023 and $205,826 for the calendar year of January 1, 2024 through December 31, 2024, and make findings of CEQA exemption as specified in the staff report.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None
* I. Mayor Mei opened consideration to Authorize the City Manag er, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with ePlus Technology, Inc., for the Annual Software Licenses of the Crowdstrike Endpoint Detection and Response (EDR) Solution.
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council authorized the City Manager, or designee, to issue a purchase order and to execute implementing documents with ePlus Technology, Inc., for the Annual Software Licenses of the Crowdstrike Endpoint Detection and Response (EDR) Solution in the amount not-to- exceed $110,158.43.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None
*Consent Items
* J. Mayor Mei opened consideration of Annual Review and approv al of military equipment possessed and utilized by the Fremont Police Department (FPD) for the reporting period of April 2022 to March 2023
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council:
1. Received and approved the Fremont Police Department April 20 22 – March 2023 Annual Military Equipment Use Report.
2. Found that each type of Militar y Equipment identified in the Fremont Police Department April 2022 – March 2023 Annual Military Equipment Use Report has complied with the standards for approval set forth in FMC Chapter 8.80 and the Military Equipment Use Policy.
3. Approved the continued use of the currently authorized military equipment by Fremont Police Department as identified in Exhibit 1 of Fremont Police Department’s Military Use Policy.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None
* K. Mayor Mei opened consideration to Authorize the City Manag er, or Designee, to Execute an Agreement with Axon Enterprise, Inc. for the Provision of In-Car Video, Body-Worn and Interview Room Camera Systems, Digital Evidence Management System, and Conductive Energy Devices, and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary; Related Appropriation Actions
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council:
1. Authorized the City Manager, or designee, to enter into a ten-year subscription agreement and to execute any implementing documents and take any implementing actions as necessary with Axon Enterprises, Inc. for the purchase of an In-Car Video System, Body-Worn Cameras, Interview Room Camera System, Conductive Energy Devices (Tasers), and Digital Evidence Storage and Management System in an amount not to exceed $13,640,135.
2. Appropriated $85,100 in Fund 119 (Department of Justice Fede ral Asset Forfeiture) and $19,050 in Fund 250 (Department of Treasury Federal Asset Forfeiture).
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None
*Consent Items
* L. Mayor Mei opened considerati on to Appropriate Additional Railroad/Highway At-Grade Crossing Program (Section 130) Federal Grant Funds from the Department of Transportation (Caltrans) in the Amount of $161,000 for the Dusterberry Way Safety Improvement Project (City Project PWC8964); Find the Action is Exempt from CEQA.
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council:
1. Found the action is exempt from environmental review, as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 and Section 15061.
2. Appropriated additional Railroa d/Highway At-Grade Crossing Program (Section 130) federal grant funds in the amount of $161,000 to PWC8964-522.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Ca
mpbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None
* M. Mayor Mei opened consideration to Adopt a Resolution Autho rizing Fiscal Year 2023/2024 Application for Transportation Development Act Article 3 (TDA3) Grant Funds and Acceptance of $322,407 in TDA3 Funds for the 2024 Citywide Class IV Bikeway Enhancement Project (PWC8874); Appropriation of Funds; and Make Findings of CEQA Exemption.
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. The following person(s) commented: Keith Parker, Andreas Kadavanich (Bike Fremont), Padma Gopalakrishnan, Robert Prinz (Bike East Bay), William Yragui (Mission Peak Conservancy), Annie, Steve Skala, Vigai Soori, Daniel Karpelevitch and Zee Vastrad.
There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Campbell, seconded by Councilmember Kassan, the City Council:
1. Found the proposed project is exem pt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that application for grant funding is not an activity that in itself has the potential for causing a significant effect on the environment.
2. Adopted Resolution No. 2023-21 a uthorizing the City Manager, or her designee, (a) to apply for Transportation Development Act Article 3 Bicycle and Pedestrian Program Funds in the amount of $322,407 for the 2024 Citywide Class IV Bikeway Enhancement Project; and (b) to accept any awarded grant funds for the Project and to execute any necessary implementing documents.
*Consent Items
3. Appropriated any grant funds r eceived to PWC8874 (Bikeway Improvements) in the Transportation Development Act Fund (Fund 521).
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None
* N. Mayor Mei opened consideration to Authorize the City Manag er to Execute FY 2022/23 Standard Service Amendment with Mission Peak Lodge (C & L, LLC), for Temporary Use of Hotel Rooms as Winter Relief Shelter
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council authorized the City Manager or her designee to amend an agreement with Mission Peak Lodge (C & L, LLC) in an amount not to exceed $20,000, for a new total not to exceed $119,000, to provide motel winter relief services as described in this report.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Ca
mpbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None
* O. Mayor Mei opened consideration to Authorize the City Manag er to Execute a Federal Emergency Solutions Grant (ESG) Memorandum of Understanding for the Human Services Department's Family Resource Center to provide Housing Stability Services in Fiscal Year 2022/23 and 2023/24 and Making Findings of CEQA Exemption
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council authorized the City Manager to execute a Federal Emergency Solutions Grant (ESG) Memorandum of Understanding for the Human Services Department's Family Resource Center to provide housing stability services in Fiscal Year 2022/23 and 2023/24 and making findings of CEQA Exemption.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Ca
mpbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Fremont Bike Month
B. Ceremonial Resolution: American High School Robotics Team #5 773 Ink and Metal
*Consent Items
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
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: Dilip Mody and Glen Kirby (Fremont Freewheelers Bicycle Club), Ali Pirooz, Vinay Singh, Andreas Kadavanich (Bike Fremont), Vijai Soori, Norman Howell, Jack Balch, Rimvydas Mickevicius, Annie, Edward Chen, Salim Mastan, Moshe Fuss, Duncan Harris, Kendra Toy, and Wynn Kageyaga (League of American Bicyclists).
5. SCHEDULED ITEMS – None.
6. OTHER BUSINESS
A. Mayor Mei opened consideration to Receive Progress Report on Sabercat Trail and Irvingtonian Museum Projects; Approve the Recreation Commission Recommendations to Sabercat Historical Park; Authorize the City Manager to Execute Service Agreements to Continue Development of the Sabercat Trail and Irvingtonian Fossil Museum Projects (PWC8977); and Make Findings of CEQA Compliance
Public Works Director Hans Larsen provided an overview. Staff responded to questions from Councilmembers. Mayor Mei opened public comment. There being no speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Shao, seconded by Councilmember Keng, the City Council approved the following actions related to the Sabercat Trail Extension Project and the Irvingtonian Fossil Museum Project:
1. Find the action is exempt from environmental review under CE QA Guidelines Section 15378(b)(4) and (5). As a separate and independent basis for CEQA compliance, the City Council has adopted the Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sabercat Trail Extension Project in accordance with CEQA Guidelines Section 15074.
2. Approve the Recreation Commi ssion Recommendation to approve a new trail width of 14’ in Sabercat Historical Park to be consistent with the Community Connector Trail guideline of the Trail Strategy Plan.
3. Approve the Recreation Commi ssion Recommendation to adopt the Site Master Plan for the Trail Extension and Interpretive Area within Sabercat Historical Park to be constructed as a part of the Sabercat Trail Extension project.
4. Authorize the City Manager or designee to execute Amendment No. 4 to the Design Professional Services Agreement with T.Y. Lin International in an amount not to exceed $487,000 for engineering services for the Sabercat Trail Extension project (PWC8977).
*Consent Items
5. Authorize the City Manager or designee to execute a Services Agreement with Math Science Nucleus in an amount not to exceed $220,000 for preparation of a Concept Plan of Scientific Content for the Irvingtonian Fossil Museum project (PWC8977).
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
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 ntment to Advisory Body
Appointments:
Advisory Body Appointee Term Expires
Economic Development Advisory Commission Charles Martinez 12/31 /2025 (Commercial/Industrial Representative)
On a motion by Vice Mayor Cox, seconded by Councilmember Campbell, the City Council approved appointment to the Economic Development Advisory Commission as noted in the staff report.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
Abstain: None
C. Legislative Actions – None.
D. Report on Committee Assignments
Councilmembers reported on their various meetings.
*Consent Items
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:05 p.m.
A t t e s t : A p p r o v e d :
_________________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
MAY 9, 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 Campbell led t he salute to the flag.
C. Roll Call: Present: Mayor Mei, Councilmem bers: Keng, Campbell, Kassan, Shao and Salwan
Absent: Vice Mayor Cox,
D. Announcements by Mayor/City Manager/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
City Manager Karena Shackelford introduced City Staff. There were no community announcements.
E. Report Out of Closed Session – 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 Keng, seconded by Councilmember Shao, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: Vice Ma yor Cox
Abstain: None
* B. Approval of Minutes – None.
*Consent Items
* C. Mayor Mei opened consideration of Authorization to Execute Agreement for Transition of Alameda Countywide Clean Water Program Fiscal Agent Duties from the Alameda Flood Control and Conservation District to the City of Fremont and Consent to Assignment Agreements for Eight Technical Services Contracts
On a motion by Councilmember Keng, seconded by Councilmember Shao, the City Council:
1. Authorized the City Manager or her designee to execute an Agreement for Transition of Clean Water Program Fiscal Agent Duties from the Alameda Flood Control and Conservation District to the City of Fremont.
2. Authorized the City Manager or her designee to execute Consent to Assignment Agreements for eight technical services contracts.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: Vice Ma yor Cox
Abstain: None
* D. Mayor Mei opened consideration to Approve Plans and Specif ications, Reallocate $250,000 from PWC 8954, $200,000 from PWC8501, $547,379 from PWC8101 to Sylvester Harvey Community Park Perimeter Pathway Project PWC9065, Accept the Bid and Award a Construction Contract for the Bid Amount of $1,742,000 to Silicon Valley Paving, Inc. and Allocate a 10% Construction Contingency of $174,200 for a Total Contract Amount of $1,916,200 for the Sylvester Harvey Community Park Perimeter Pathway Project (PWC9065), and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Existing Facilities).
On a motion by Councilmember Keng, seconded by Councilmember Shao, the City Council:
1. Authorized the reallocati on of $547,379 from Park Project Contingency PWC8101-540 to PWC 9065-540.
2. Authorized the reallocati on of $250,000 from Athletic Fields Turf Renovation Project PWC8954-541 to PWC 9065-541.
3. Authorized the transfer of $200,000 from Capital Replacement for Parks PWC 8501-501 to PWC 9065-501.
4. Found that the project is exempt from review under the Calif ornia Environmental Quality Act (CEQA) as the replacement or reconstruction of an existing facility, pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and approve a categorical exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Existing Facilities).
5. Approved the construction plans and specifications for the Sylvester Harvey Community Park Perimeter Pathway Project, PWC9065.
6. Accepted the bid, awarded a construction contract, and autho rized the City Manager to execute a construction contract with the lowest responsive and responsible bidder, Silicon
*Consent Items
Valley Paving, Inc for the Sylvester Harvey Community Park Perimeter Pathway Project, PWC9065 for a construction contract amount of $1,742,000, and a 10% construction contingency of $174,200 for unforeseen work, for a total contract amount of $ 1,916,200.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: Vice Ma yor Cox
Abstain: None
* E. Mayor Mei opened considera tion for Approval to Reject Apparent Low Bid as Non- Responsive; Reject Bid Protest by Fourth Lowest Bidder; Approve Plans and Specifications and Award Contract to VSS International, Inc. in the Amount of $5,451,000 (Including 3% Contingency) for the 2023 Cape and Slurry Seal Project (PWC8195-V2); Appropriation Action; Make Findings of CEQA Exemption.
On a motion by Councilmember Keng, seconded by Councilmember Shao, the City Council:
1. Found this project is exempt fr om CEQA review pursuant to CEQA Guidelines section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.
2. Rejected the bid proposal submitted by DRYCO Construction, I nc. as non-responsive on grounds the bid did not reflect the material changes made by the addendum and the subcontract work exceeded the maximum allowed.
3. Rejected the protest submitted by American Pavement Systems, Inc. on grounds the error made by VSS International, Inc. constitutes a waivable, minor irregularity.
4. Approved the plans and speci fications for the project.
5. Accepted the bid and awarded the construction contract to th e second apparent lowest responsive and responsible bidder, VSS International, Inc. in the amount of $5,311,000, allocate a 3% construction contingency in the amount of $140,000 for a total construction contract amount of $5,451,000, and authorize the City Manager or designee to execute the contract.
6. Appropriated $900,000 of unallocated ACTC Fund 515 to PWC819 5-515.
7. Appropriated $300,000 of unallocated ACTC Fund 520 to PWC819 5-520.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: Vice Ma yor Cox
Abstain: None
* F. Mayor Mei opened consideration to Authorize the City Manag er or Designee to execute a $117,000 agreement with Zero Foodprint, for the purchase of compost to be utilized in California agriculture operations to comply with State law compost procurement requirements (Compost Services Contract for SB 1383 Compliance)
*Consent Items
On a motion by Councilmember Keng, seconded by Councilmember Shao, the City Council authorized the City Manager or Designee to execute a $117,000 agreement with Zero Foodprint, for the purchase of compost to be utilized in California agriculture operations to comply with State law compost procurement requirements.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: Vice Ma yor Cox
Abstain: None
* G. Mayor Mei opened consideration of Approval of Amendment No . 6 with TRC Engineers, Inc. in an Amount Up to $205,000 for Additional Environmental Remediation Services at the Centerville Unified Site Located at 37070 Fremont Boulevard (PWC8812); Find the Action is Exempt from CEQA Review
On a motion by Councilmember Keng, seconded by Councilmember Shao, the City Council authorized the City Manager or their Designee to execute Amendment No. 6 to the Service Agreement between the City of Fremont and TRC Engineers, Inc. in an amount up to $205,000 for additional environmental remediation services and site closure.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, an
d Shao
Noes: None
A
bsent: Vice Ma yor Cox
Abstain: Councilmem ber Salwan
* H. Mayor Mei opened consideration to Authorize City Manager o r designee to execute a Contract Amendment to the Agreement with Mike Canaday for Weed Abatement and Fire Fuel Management at Sabercat Historical Park to Incorporate Wage Impact from Change in Law and Extend Contract Term an Additional Year (Weed Abatement by Goats)
On a motion by Councilmember Keng, seconded by Councilmember Shao, the City Council authorized the City Manager, or her designee, to execute a Contract Amendment to the Agreement with Mike Canaday for Weed Abatement and Fire Fuel Management at Sabercat Historical Park to Incorporate Wage Impact from Change in Law and Extend Contract Term an Additional Year.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: Vice Ma yor Cox
Abstain: None
*Consent Items
* I. Mayor Mei opened consideration to Adopt a resolution to au thorize the City Manager or her designee to submit a grant application to the State of California Department of Parks and Recreation's Land and Water Conservation Fund and authorize the City Manager or her designee to submit a separate grant application to the USDA Forest Service's Urban & Community Forestry program and to consider exemptions from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines sections: (1) 15307; (2) 15308, (3) 15304 and (4) 15301
On a motion by Councilmember Keng, seconded by Councilmember Shao, the City Council:
1. Found the grant applications t o the State of California Department of Parks and Recreation’s Land and Water Conservation Fund and USDA Forest Service’s Urban & Community Forestry are exempt from review under the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15307, (3) CEQA Guidelines Section 15308, (4) CEQA Guidelines Section 15304 and (5) CEQA Guidelines Section 15301.
2. Adopted Resolution No. 2023-23 a uthorizing the City Manager or her designee to submit a grant application to the State of California Department of Parks and Recreation’s Land and Water Conservation Fund, execute grant funding agreements, and if grant is awarded, Council authorizes the appropriation of any grant funds received.
3. Authorized the City Manager or her designee to apply to the USDA Forest Service’s Urban & Community Forestry grant, execute grant funding agreements, and if grant is awarded, Council authorized the appropriation of any grant funds received.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: Vice Ma yor Cox
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Affordable Housing Month – May 2023
B. Proclamation: National Child ren’s Mental Health Awareness Day, May 11, 2023
C. Proclamation: International Day Against Homophobia, Transphobia, and Biphobia
D. Proclamation: Asian American , Native Hawaiian and Pacific Islander Heritage Month – May 2023
*Consent Items
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
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: Jenna Daugherty, Dianne Jones, and Edward Chen.
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of a Public Hearing (Publishe d Notice) to Adopt a Resolution Confirming Diagrams and Assessments for Fiscal Year 2023/24 for Fremont Landscaping Assessment District 88 Zones Annual Assessment Process.
No presentation provided by staff. Councilmember Shao opened the public hearing. There being no speakers, Councilmember Shao closed the public hearing.
On a motion by Councilmember Campbell, seconded by Councilmember Keng, the City Council:
1. Held public hearing.
2. There were no oral stateme nts nor written comments.
3. Closed public hearing.
4. Levied the proposed assessm ent by adopted Resolution No. 2023-24 confirming Diagrams and Assessments for Fiscal Year 2023/24 for Fremont Landscaping Assessment District 88
5. Found the project exempt under CEQA Guidelines Sections 1506 1(b)(3) and 15301
A
yes: Councilmembers: Ken g, Campbell, Kassan, and Shao
Noes: None
Absent: Vice Ma
yor Cox
Abstain: Ma yor Mei and Councilmember Salwan
B. Mayor Mei opened consideration of a Public Hearing (Publishe d Notice) on the Use of Federal Community Development Block Grant and Emergency Solutions Grant Funds for FY 2023/24; Adopting a Resolution Approving the FY 2023/24 Annual Action Plan, and Authorizing the City Manager to Execute Agreements with the U.S. Department of Housing and Urban Development and CDBG and ESG Grantees and Programs and Making Findings of CEQA Exemption
No presentation provided by staff. Mayor Mei opened the public hearing. There being no speakers, Mayor Mei closed the public hearing. Councilmembers provided comment.
*Consent Items
On a motion by Councilmember Salwan, seconded by Councilmember Campbell, the City Council:
1. Held a public hearing on the proposed FY 2023/24 Federal Funding Program Final Statement of Community Development Objectives and projected Use of Funds.
2. Allocated CDBG and ESG funds for FY 2023/24 in the amounts stated herein, and contingent upon adoption of the FY 2023/24 budget by the City Council.
3. Authorized staff to:
a. Allocate additional funds to public service projects should the City receive additional program income in FY 2023/24 or a greater entitlement b. Reserve unallocated funds to provide gap funding or fund pro jects that meet emerging needs.
4. Adopted Resolution No. 2023-25:
a. Approving and authorizing the City Manager or his designee to submit the FY 2023/24 Federal Funding Program Final Statement of Community Development Objectives and Projected Use of Funds, the City’s Annual Action Plan, as recommended by staff in the amounts stated herein and finding the action exempt from CEQA, as specified.
b. Authorizing the City Manager or her designee to execute CDBG and ESG Entitlement funding agreements with HUD.
c. Authorizing the City Manager or her designee to execute agreements effective July 1, 2023, with the grantees recommended for funding by staff in the amounts set forth herein, contingent upon a finding of no significant impact in the corresponding NEPA environmental assessments and completion of the required public comment period.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Shao, an
d Salwan
Noes: None
Absent: Vice Ma
yor Cox
Abstain: None
C. Mayor Mei opened consideration of a Public Hearing (Publishe d Notice) to Introduce an Ordinance to Amend FMC Section 10.05.970 to Continue the Permit Parking Program for the Mission Peak Neighborhood with Restricted Parking Times on Weekends and on National Holidays
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.
Fremont Police Lieutenant Quimson provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened the public hearing. The following person(s) commented: Deven Desai, Kelly Abreu, VP, Stan Yeh, William Hsu, Sanjay Radia, Narash Singhal, Subroto, Veronica Pang, Jameson Hsu, Asok Chatterjee, Tony Pang, Inki Deora, Hari Jobanputra, Suresh Basaj, Prakoon Chen, Mary A., Lavanya, and Colin. There being no
*Consent Items
additional speakers, Mayor Mei closed the public hearing. Staff responded to questions from Councilmembers. Councilmembers provided comments.
On a motion by Councilmember Campbell, seconded by Councilmember Salwan, the City Council:
1. Found that continuing the perm it parking program for the Mission Peak neighborhood is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance
2. Introduced an ordinance am ending FMC section 10.05.970 to continue the permit parking program for the Mission Peak neighborhood for 10 years with restricted parking times on weekends (Saturday from 12:01 a.m. - Sunday at 11:59 p.m.) and on national holidays (including dates of observance), and find that continuation of the Program would be beneficial to the parking needs of residents within the permit parking area, and that continuation of the permit parking program would not be detrimental to the health, safety or welfare of the residents in, or adjacent to, the permit parking area.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Shao, an
d Salwan
Noes: None
Absent: Vice Ma
yor Cox
Abstain: None
6. OTHER BUSINESS
A. Mayor Mei opened consideration to Adopt a Resolution Authori zing Staff to Partner with Shangri-La Industries, LLC and Step Up on Second Street, Inc. on an Application for Funding under State Homekey Round 3 Program to Acquire, Rehabilitate and Operate a Supportive Services Affordable Housing Project at 46101 Research Avenue (Currently Motel 6); Conditionally Appropriate $8,668,000 to Support the Project; Conditionally Recognize $1,000,000 in Revenue from Alameda County in Support of the Project; and Authorize the City Manager or Her Designee to Execute Implementing Documents and Making Findings of CEQA Exemption
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 Development Director Dan Schoenholz provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened public comment. The following person(s) commented: Keith Parker, Lisa Danz (Fremont For Everyone), Jenna Daugherty, Annie, John Hinds, Min, Linda Dewlaney, Wen Yang, Lucy Zhang, Cherry, Marie Hughes (Fremont For Everyone), Joanne, Clement Law, Char, Padma Gopalakrishnan, Katherine
*Consent Items
Rubie (Fremont For Everyone), Jane, Juliette Phipps, Zielnik, Kelly Abreu, Harry, John Lee, Rick Ho, Ghada (Srour) Christine (Fremont For Everyone), Chung, MJ, Vinita Verma (Fremont For Everyone), Anita Moreno, Stephanie Szto, and Radoslaw Kosinski. There being no additional speakers, Mayor Mei closed the public comment period. Staff responded to questions from Councilmembers. Councilmembers provided comment.
On a motion by Councilmember Campbell, seconded by Councilmember Kassan, the City Council:
1. Adopted Resolution No. 2023-22 authorizing the submittal of a Homekey Round 3 application to the California Department of Housing and Community Development, with the City as the lead applicant and Shangri-La Industries, LLC and Step Up on Second Street, Inc. as co-applicants, in the amount not to exceed $35 Million and making finds of CEQA exemption.
2. Conditionally appropriated t he following funding to support the acquisition, development and operation of the Motel 6 Conversion Homekey Project in the City of Fremont (contingent on award of a Homekey grant by the State):
a. $5,268,000 from the City’s Affordable Housing Fund (Fund 196 ) b. $750,000 from the City’s allocat ion of CDBG funding (Fund 105) c. 1,250,000 from the City’s Low a nd Moderate Income Housing Asset Fund (Fund 111)
d. $400,000 from the City’s Permane nt Local Housing Allocation (Fund 193)
3. Recognized $1 million in American Rescue Plan Act (ARPA) Rec overy Plan funds allocated to the project by the County and appropriate that $1 million for the Motel 6 Conversion Homekey Project from the Miscellaneous Grants Fund to support the operations of the project, contingent on award of a Homekey grant by the State; and authorize the City Manager or her designee to execute a funding agreement and other implementing documents to receive the funds.
4. Authorized the City Manager or designee to execute a Memorandum of Understanding with Shangri-La Industries and Step Up on Second Street, Inc. memorializing roles and responsibilities and to take all actions reasonably necessary to implement the same, consistent with the Resolution.
environmental assessments and completion of the required public comment period.
5. Authorized the City Manager or designee to execute agreement(s) and/or implementing documents with Shangri La Industries, LLC and Step Up Second Street, Inc. to effectuate the implementation of a Homekey project in the City of Fremont and to take all actions reasonably necessary to implement the same, consistent with the Resolution.
6. Authorized the City Manager or designee to execute funding agreement and other implementing documents with the State of California Department of Housing Community Development and to take all actions reasonably necessary to implement the same, consistent with the Resolution.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: Vice Ma yor Cox
Abstain: None
*Consent Items
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 ntment to Advisory Bodies
Appointments:
Advisory Body Appointee Term Expires
Senior Citizens Commission Edwin Lee 12/31/2026
S o n i a S a l w a n 1 2 / 3 1 / 2026
R o g e r M a r s h a l l 1 2 / 3 1 / 2026
On a motion by Councilmember Shao, seconded by Councilmember Keng, the City Council approved appointments.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, an
d Shao
Noes: None
Absent: Vice Mayor Cox
Abstain: Councilmember Salwan
C. Legislative Actions – None.
D. Report on Committee Assignments – None.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 10:20 p.m.
A t t e s t : A p p r o v e d :
_________________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r
MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
MAY 16, 2023
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
5:45 P.M.
Call to Order: Vice Mayor Cox called the meeting to order at 5:45 p.m.
Roll Call: Present: Vice Mayor Cox, Counc ilmembers: Campbell, Kassan, Shao, and Salwan. Mayor Mei arrived at 5:47 p.m. and Councilmember Keng arrived at 5:53 p.m.
Public Comment: None.
CONVENED TO A CLOSED SESSION at 5:48 p.m.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9)
1. Anita Barriga v. City of Fremont, Alameda County Superior Court, Case No. 21CV000687 (Filed: 2021)
2. Marian Bennett v City of Fremont, Alameda County Superior Court, Case No. 22CV022263 (Filed:2022)
3. Annabel Bobbitt et. al. v. City of Fremont, Alameda County Superior Court, Case No. 22CV020845 (Filed: 2022)
4. Farmers Insurance Exchange v. City of Fremont, Alameda County Superior Court, Case No. 23CV030738 (Filed: 2023)
5. Michael Foust v. Pacific Bell Telephone; City of Fremont, Alameda County Superior Court, Case No. 22CV013289 (Filed: 2022)
6. Daniel Geri v. City of Fremont, Alameda County Superior Court, Case No. 23CV025575 (Filed: 2023)
7. Jimmy Go v. City of Fremont, Alameda County Superior Court, Case No. 22CV009951 (Filed: 2022)
8. Michael Gebhardt v. City of Fremont, Alameda County Superior Court, Case No. 22CV022860 (Filed: 2022)
9. Shahida Hassan v. Pari; City of Fremont, Alameda County Superior Court, Case No. 21CV002766 (Filed: 2021)
10. Mary Hyde v. City of Fremont, Alameda County Superior Court, Case No. 22CV010244 (Filed: 2022)
11. Kelly King v. National Railroad Passenger Corporation; City of Fremont, U.S. District Court, California Northern District, Case No. 3:23-cv-00230 VC (Filed: 2023)
12. Michael Knight, et al. v. Gourley; City of Fremont Alameda County Superior Court, Case No. 22CV010431 (Filed: 2022)
13. Seung Hun Lee, et al. v. Troy Roberts, et al., Alameda County Superior Court, Case No. 23CV030509 (Filed: 2023)
14. State Farm Mutual Automobile Insurance Company v. City of Fremont, Alameda County Superior Court, Case No. 23CV027711 (Filed: 2023)
15. Temple of 1001 Buddhas, MiaoLan Lee, et al. v. City of Fremont, U.S. District Court, California Northern District, Case No. 3:21-cv-04661 CRB (Filed: 2021); and Alameda County Superior Court, Case No. 21CV002808 (Filed: 2021)
16. Vijay v. City of Fremont, Tort claims filed; no complaint filed
17. Yelena Zimon v. City of Fremont, Alameda County Superior Court, Case No. 21CV002066 (Filed: 2021)
The Special Meeting of the Fremont City Council adjourned at 6:30 p.m.
A t t e s t : A p p r o v e d :
_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
MAY 16, 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 7:01 p.m.
B. Flag Salute: Vice Mayor Cox led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng, Campbell, Kassan, Shao and Salwan
D. Announcements by Mayor/City Manager
Mayor Mei announced the Boards and Commissions vacancies.
City Manager Karena Shackelford introduced City Staff. There made community announcement regarding eviction information workshops to inform tenants about the process.
E. Report Out of Closed Session
City Attorney Alvarado reported that the City Council conducted a conference in Closed Session with Legal Counsel for Existing Litigation in 17 Cases Listed on the Closed Session Agenda. The meeting was performed pursuant to Government Code Section 54956.9. The Council received updates but took no reportable action.
2. CONSENT CALENDAR – None.
3. CEREMONIAL ITEMS – None.
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
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: Stuart Rupp, Daniel Karpelevitch, Kelly Abreu, John Hinds, and Wendy.
5. SCHEDULED ITEMS – None.
*Consent Items
6. OTHER BUSINESS
A. Mayor Mei opened consideration of Presentation of Fiscal Yea r 2023/24 Proposed Operating Budget for the City of Fremont
Finance Director Dave Persselin provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened public comment. The following person(s) commented:
Lynn Miller (Urban Forest Friends (UFF), Kelly Abreu, and Annie (UFF). There being no additional speakers, Mayor Mei closed the public comment period. Staff responded to additional questions from Councilmembers.
City Council accepted staff’s budget presentation and provided comments.
B. Mayor Mei opened consideration to Receive a Presentation and Provide Input on Proposed Five-Year Capital Improvement Program (CIP) for Fiscal Years 2023/24 Through 2027/28
Public Works Director Hans Larsen an Community Development Director Suzanne Wolf provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened public comment. The following person(s) commented: Daniel Karpelevitch, Annie, Yonggang Zhang, Junmei Zhang, Kelly Abreu, John Hinds, and Susan. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by a question and answer period.
City Council received the presentation and provided input on proposed Five-Year Capital Improvement Program for Fiscal Years 2023/24 Through 2027/28.
7. ITEMS REFERRED B Y 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 9:40 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