*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
JULY 11, 2023
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
1. PRELIMINARY
A. Call to Order: Mayor Mei called the meeting to order at 7:04 p.m.
B. Flag Salute: Councilmember Salwan led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng, Campbell, Kassan, and Salwan
Absent: Councilmember Shao
D. Announcements by Mayor/City Manager/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
City Manager Shackelford shared information regarding items of Council/community interest.
E. Report Out of Closed Session (if applicable)
City Attorney Alvarado reported that the Council conducted a conference in Closed Session
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
* B. Approval of Minutes – None.
* C. Mayor Mei opened consideration of Second Reading and Adoption of an Ordinance of the City of Fremont to Repeal and Replace Fremont Municipal Code (FMC) Section
18.190.005 (Accessory Dwelling Units) to Comply with New State Law as well as Carry *Consent Items
Out Program Implementation from the City’s 2023-2031 Housing Element and Amend Other, Related Sections of FMC Titles 9 (Public Peace, Morals and Welfare) and 18 (Planning and Zoning) for Internal Consistency; and Making Findings of CEQA Exemption (PLN2023-00218*). *Administrative correction to the PLN number in these minutes, and in the adopted ordinance.
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council adopted Ordinance No. 06-2023 approving amendments to FMC Title 9 (Public Peace, Morals and Welfare) and Title 18 (Planning and Zoning).
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
* D. Mayor Mei opened consideration of Authorization to Execute a Contract Renewal with Alameda County Behavioral Health for Adolescent Substance Use Disorder Services Provided by the Human Services Department’s Youth and Family Services Division for FY 2023/24 and Making Findings of CEQA Exemption (Health Care Services Master Contract)
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council authorized the City Manager, or designee, to execute a FY 2023/24 master contract with Alameda County Behavioral Health for the delivery of adolescent substance use disorder intervention and treatment services, for the period of July 1, 2023 through June 30, 2024 in an amount not to exceed $516,881.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
* E. Mayor Mei opened consideration of Approval of Purchase Orders through Cooperative Agreements with The Ford Store San Leandro for the Purchase of Ford Fleet Vehicles in an Amount Not to Exceed $2,000,000 and with National Auto Fleet Group for the Purchase of Various Make Vehicles in an Amount Not to Exceed $900,000. Exempt from CEQA Review per Guideline 15061
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person(s) commented: Kelly Abreu. There being no additional speakers, Mayor Mei closed the public comment period. Staff responded to questions from Councilmembers.
*Consent Items
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council:
1. Authorized the City Manager or designee to execute a purchase order with The Ford Store San Leandro for the purchase of Ford vehicles in an amount not to exceed $2,000,000.
2. Authorized the City Manager or designee to execute a purchase order with National Auto Fleet Group for the purchase of various make vehicles in an amount not to exceed $900,000.
3. Found the proposed purchase is not a project as defined by Public Resources Code Section 21065 and of the California Environmental Quality Act (CEQA), and, alternatively, the action is exempt from CEQA under Section 15061 (b) (3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, and Section 15378 (b), as an organizational, administrative, policy and fiscal activity that will not result in direct or indirect physical change in the environment.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
* F. Mayor Mei opened consideration of Approval of Service Agreement with Safe Moves, Inc. in an amount not to exceed $181,600 for School-Based Traffic Safety Education Services
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person(s) commented: Kelly Abreu. There being no additional speakers, Mayor Mei closed the public comment period. Staff responded to questions from Councilmembers.
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council authorized the City Manager or designee to execute a Service Agreement with Safe Moves for School-Based Traffic Safety Education Services in an amount not to exceed $181,600.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
* G. Mayor Mei opened consideration of Authorization to Execute Agreement for Property Tax Consulting Services with HdL Coren & Cone in an Amount Not to Exceed $350,000 for a Five-Year Term
*Consent Items
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:
1. Awarded the property tax consulting services agreement to HdL Coren & Cone.
2. Authorized the City Manager or her designee to execute an agreement with HdL Coren & Cone to provide property tax consulting services through June 30, 2028, at a total amount not to exceed $350,000 for the five-year term.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
* H. Mayor Mei opened consideration of Authorization to Contract with Alameda County Behavioral Health and La Familia to provide Mental Health Services; and Appropriate Additional Funds and Making Findings of CEQA Exemption
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:
1. Authorized the City Manager or designee to execute two FY 2023/24 agreements totaling $3,120,991 including:
a. an agreement with Alameda County Behavioral Health (ACBH), in the amount of $2,853,103; and
b. an agreement with LaFamilia, in the amount of $267,888
2. Appropriated an additional $221,0575 in the ACBH Aging and Family Services Fund (Fund 104), an additional $106,508 in the ACBH Youth and Family Services Fund (Fund 170), an addition $88,350 in the FRC Facilities Coordination Fund (Fund 108), and an additional $35,660 in the ACBH FRC Behavioral Health Fund (Fund 172).
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
* I. Mayor Mei opened consideration to Approve a Professional Services Agreement with Fehr & Peers in an Amount Not to Exceed $437,159 (Including 10% Contingency) to Develop the City’s Active Transportation Plan; Appropriate Funds; and Make Findings of CEQA Exemption
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:
1. Found the proposed action is not a project as defined by Pub. Res. Code Section 21065, and is exempt from CEQA review per CEQA Guidelines Section 15378(b)(2) (administrative activity); CEQA Guidelines Section 15378(b)(4) (fiscal activity); and CEQA Guidelines Section 15061(b)(3) (no significant effect on the environment). *Consent Items
2. Authorized the City Manager or designee to execute a Professional Service Agreement with Fehr & Peers for the development of the Active Transportation Plan in an amount not to exceed $437,159.
3. Reallocated $200,000 from PWC9041-515 to PWC9049-515.
4. Reallocated $100,000 from PWC8933-531 to PWC9049-531.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
* J. Mayor Mei opened consideration of Approval of a Five-Year Agreement between the City of Fremont and the Alameda County Fire Department for Fire Dispatch Services through the Regional Emergency Communications Center
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:
1. Found the proposed action is not a project as defined by Pub. Res. Code Section 21065, and is exempt from CEQA review per CEQA Guidelines Section 15378, as an organizational, administrative, policy, and fiscal activity that will not result in direct or indirect physical changes in the environment.
2. Authorized the City Manager or designee to execute a five-year agreement between the City of Fremont and the Alameda County Fire Department for fire dispatch services including any necessary implementing documents.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
* K. Mayor Mei opened consideration to Authorize the City Manager or her Designee to Execute the Fourth Amendment On-Call Tree Trimming, Maintenance and General Groundwork and Debris Removal Agreement with West Coast Arborists to Increase Contract Compensation to Support City Street Sweeping Operations
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council authorized the City Manager or designee to execute the fourth amendment to the on-call tree trimming, maintenance and general groundwork and debris removal service agreements with West Coast Arborists in a total amount not to exceed $1,508,850.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
*Consent Items
* L. Mayor Mei opened consideration of Approval of Service Agreements with Classic Graphics for Vehicle Repairs in an Amount Up to $800,000 for a Four-Year Period and with Stommel Inc., DBA Lehr, for Build-up Services in an Amount Up to $1,200,000 for a Four-Year Period. Make Finding of CEQA Exemption.
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:
1. Authorized the City Manager or designee to execute a Service Agreement with Classic Graphics for Automotive Body Repair and Fabrications Services in an annual amount of up to $200,000, and up to $800,000 for a four-year period ending on June 30, 2027.
2. Authorized the City Manager or designee to execute a Service Agreement with Stommel Inc., DBA Lehr, for Emergency Lighting and Other Equipment Installations, in an annual amount of up to $300,000 and up to $1,200,000 for a four-year period ending on June 30, 2027.
3. Found the proposed purchase is not a project as defined by Section 15378 (b) of the California Environmental Quality Act (CEQA), and, alternatively, the action is exempt from CEQA under Section 15061 (b) (3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
* M. Mayor Mei opened consideration to Approve and Authorize the City Manager to Execute a $194,010 Agreement for FY 2023/24 with Alameda County Health Care Services Agency to Support Human Services Programs, including the Fremont Family Resource Center Family Support Services program and Youth and Family Services Division's Why Try Cognitive Behavioral Groups program and Appropriate Additional Funds and Making Findings of CEQA Exemption (Youth and Family Opportunity Programs)
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council authorized the City Manager or designee to execute an agreement with Alameda County Health Care Services Agency in the amount of $194,010, and appropriate an additional $5,671 to Fund 179 (Support Services – ACHCSA) to cover the agreement as described in the report.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
*Consent Items
* N. Mayor Mei opened consideration of an Amendment to the Employment Agreement between City Attorney Rafael E. Alvarado, Jr. and the City of Fremont (Third Amendment)
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person(s) commented: Sharon Ventura. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Vice Mayor Cox, seconded by Councilmember Salwan, the City Council adopted Resolution No. 2023-37 and authorized the Mayor to execute the Third Amendment to the City Attorney’s employment agreement which authorizes a five percent (5%) salary adjustment.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
* O. Mayor Mei opened consideration of an Amendment to the Employment Agreement between City Manager Karena McGee Shackelford and the City of Fremont (Third Amendment)
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person(s) commented: Sharon Ventura. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Vice Mayor Cox, seconded by Councilmember Salwan, the City Council adopted Resolution No. 2023-38 and authorized the Mayor to execute the Third Amendment to the City Manager’s employment agreement which authorizes a five percent (5%) salary adjustment.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Park and Recreation Month July 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: Ken Steadman, John Hinds, and Salim Mastan.
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of a Public Hearing (Published Notice) and Adoption of a Resolution to Vacate a Portion of Washington Boulevard Located Near Ellsworth Street – PLN2023-00087 (Washington Boulevard Street Vacation)
Public Works Director Larsen responded to questions from Councilmembers. Mayor Mei opened the public hearing. There being no speakers, Mayor Mei closed the public hearing.
Public Works Director Larsen responded to additional questions from Councilmembers.
Councilmembers provided comment.
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council:
1 Conducted a public hearing.
2. Adopted Resolution No. 2023-39 that:
a. Orders the vacation of a portion of Washington Boulevard as depicted and described in Exhibit A, and conditioned upon the City’s receipt of a $35,000 payment for the fair market value of the area to be vacated;
b. Authorizes the sale of the land;
c. Authorizes the City Manager or designee to execute a grant deed conveying the area to be vacated as shown in Exhibit A to 6021 Wei Ying LLC, a California Limited Liability Company, or its successor(s) in interest at the fair market value of $35,000; and
d. Makes findings, including findings of CEQA exemption.
3. Directed staff to recognize the sale proceeds as revenue in the General Fund.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None
Absent: Councilmember Shao
Abstain: None
*Consent Items
6. OTHER BUSINESS
A. Mayor Mei opened consideration of Procedures and Guidelines Outlining the Display of Ceremonial Flag Commemorating Special Observances in Response to Council Direction Provided on February 21, 2023
Assistant to the City Manager, Allen DeMers and Management Analyst, Amanda Gallo provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened public comment. The following person(s) commented Alex Woo, Dr. Romesh Japra (FIA), Rajesh Verma (FIA/FOG/Fremont Temple), K.P. Maheshwari (FOG), Chandru Bhambhra (FIA/Temple), Govind Pasumarthi (Fremont Hindu Temple), Marty Kludjian, Been Yee, John Hinds, and Yonggang. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by a question and answer period.
On a motion by Councilmember Campbell, seconded by Councilmember Keng, the City Council received the staff report and provided direction to staff to establish a calendar of ceremonial flag observances using one of staff’s proposed options (or via other direction not contemplated by staff):
1. Annually adopt a comprehensive ceremonial flag display calendar with the addition of Diwali and Lunar New Year flags, but deletion of Caribbean-American Heritage Month flag. Staff may choose the flag to raise when there is a conflict between flags in a particular month.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, and Salwan
Noes: Councilmember Kassan
Absent: Councilmember Shao
Abstain: None
7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees – None.
C. Legislative Actions – None.
D. Report on Committee Assignments
Councilmembers reported on their various meetings.
*Consent Items
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:15 p.m.
Attest: Approved:
____________________________________ ___________________________ Alberto Quintanilla, Assistant City Clerk LILY MEI, Mayor