MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
JUNE 20, 2023
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
5:45 P.M.
Call to Order: Mayor Mei called the mee ting to order at 5:45 p.m.
Roll Call: Present: Mayor Mei, Councilme mbers: Keng, Campbell, Kassan, Shao, and Salwan. Vice Mayor Cox arrived at 6:10 p.m.
Public Comment: None.
CONVENED TO A CLOSED SESSION at 5:46 p.m.
1. CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code 54957.6)
City Designated Representative: Lily Mei, Mayor; Tina Gallegos, Human Resources Director
Unrepresented Employee: City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code 54957.6)
City Designated Representative: Lily Mei, Mayor; Tina Gallegos, Human Resources Director
Unrepresented Employee: City Attorney
The Special Meeting of the Fremont City Council adjourned at 6:42 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
JUNE 20, 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 7:00 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 shared community announcements and introduced City Staff.
E. Report Out of Closed Session
City Attorney Alvarado reported that the City Council conducted a conference in Closed Session and discussed two items. The items were conference with Labor Negotiators pursuant to Government Code 54957.6 for the two Unrepresented Employees listed on the agenda, City Manager and City Attorney. The Council provided staff direction but took no reportable action.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.
On a motion by Councilmember Campbell, seconded by Vice Mayor Cox, 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
*Consent Items
* B. Approval of Minutes
* B.1. Mayor Mei opened consid eration of Approval of Minutes
See Green Sheet on file.
On a motion by Councilmember Campbell, seconded by Vice Mayor Cox, the City Council approved minutes for the Regular Meeting of June 6, 2023 and the Special and Regular Meetings of June 13, 2023, including the correction from Green Sheet.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None
* C. Mayor Mei opened considera tion of Approval to Authorize the City Manager to execute HOME Funding Agreements to Fremont Family Resource Center and Abode Services
On a motion by Councilmember Campbell, seconded by Vice Mayor Cox, the City Council authorized the City Manager to execute:
1. A $342,860 HOME agreement with the Fremont Family Resource C enter, for FYs 2023/24 and 2024/25, for the Stay Housed Program.
2. A $150,000 HOME agreement with Abode Services, for FYs 2023/ 24 and 2024/25, for its Rapid Rehousing Program.
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 considera tion of Approval of a Mutual Aid Agreement for Emergency Fire Response between the City of Fremont and the City of Milpitas
On a motion by Councilmember Campbell, seconded by Vice Mayor Cox, the City Council authorized the City Manager or designee to execute a Mutual Aid Agreement between the City of Fremont and the City of Milpitas to provide mutual aid fire emergency response as needed for a term of five years.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None
*Consent Items
3. CEREMONIAL ITEMS – None.
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
The following person(s) commented: Kelly Abreu
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of a Public Hearing (Publishe d Notice) to consider a Zoning Text Amendment to repeal and replace Fremont Municipal Code (FMC) §18.190.005 (Accessory Dwelling Units (ADUs)) to comply with new state law as well as carry out program implementation from the City’s 2023-2031 Housing Element and amend other various sections of the FMC for internal consistency; and to consider exemptions for the project from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), §15282 (Other Statutory Exemptions), and §15378 (Project).
Associate Planner, Mayank Patel provided a presentation. Staff responded to questions from Councilmembers. Mayor Mei opened the public hearing. The following person(s) commented:
Naren Immadi. There being no additional speakers, Mayor Mei closed the public hearing.
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council:
1. Held a public hearing.
2. Found that the proposed text am endments to the Fremont Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), §15282(h) (ADU Ordinance Statutory Exemption), and §15378 (Project).
3. Found that the proposed amendmen ts are consistent with the General Plan.
4. Found that the proposed amendmen ts further the public interest, convenience, and general welfare of the city by ensuring consistency between the FMC and the City’s General Plan and with state law and provide for zoning district uses and development standards that are relevant to current development trends, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents.
5. Introduced an ordinance appr oving amendments to FMC Title 9 (Public Peace, Morals and Welfare) and Title 18 (Planning and Zoning).
6. Directed staff to document th e findings and recommendation of the Planning Commission to the City Council and to prepare, and the City Clerk to publish, a summary of the ordinance.
*Consent Items
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None
6. OTHER BUSINESS
A. Mayor Mei opened consideration of a Presentation of the Draf t Climate Action Plan (CAP) update for Council review and release to the public for comments
Sustainability Manager, Rachel DiFranco provided a presentation. Community Development Director, Dan Schoenholz responded to questions along with Rachel. Mayor Mei opened public comment. The following person(s) commented: John Hinds, Lisa Danz and Kelly Abreu. 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 Keng, seconded by Councilmember Salwan, the City Council directed staff to release the Draft Plan.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None
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 9:33 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
JULY 11, 2023
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
6:30 P.M.
Call to Order: Mayor Mei called the mee ting to order at 6:30 p.m.
Roll Call: Present: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng, Campbell, Kassan, and Salwan
Absent: Councilmember Shao
Public Comment: None.
CONVENED TO A CLOSED SESSION at 6:32 p.m.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Government Code Section 54956.8)
Property: 39180 Liberty Street, Fremont, CA 94538
City Negotiators: Karena McGee Shackelford, City Manager; Rafael E. Alvarado Jr, City Attorney; Brian Stott, Assistant City Manager; Christina Briggs, Assistant City Manager; and Allen DeMers, Assistant to the City Manager.
Negotiating Parties: City of Fremont and Owner of 39180 Liberty Street, Fremont, CA 94538.
Under Negotiations: Price and Terms
The Special Meeting of the Fremont City Council adjourned at 6:58 p.m.
A t t e s t : A p p r o v e d :
_________________________________ ___________________________ Alberto Quintanilla, Assistant City Clerk LILY MEI, Mayor
*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 mee ting 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
A
bstain: None
* B. Approval of Minutes – None.
* C. Mayor Mei opened consideration of Second Reading and Adopt ion 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
A
bstain: None
* D. Mayor Mei opened considerati on 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
A
bstain: None
* E. Mayor Mei opened consideration of Approval of Purchase Ord ers 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 no t 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
A
bstain: None
* F. Mayor Mei opened consideration of Approval of Service Agre ement 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
A
bstain: 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 consulti ng 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
A
bstain: None
* H. Mayor Mei opened considerati on 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 Count y Behavioral Health (ACBH), in the amount of $2,853,103; and
b. an agreement with LaFa milia, in the amount of $267,888
2. Appropriated an addition al $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
A
bstain: None
* I. Mayor Mei opened consideration to Approve a Professional S ervices 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
A
bstain: 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
A
bstain: None
* K. Mayor Mei opened consideration to Authorize the City Manag er 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
A
bstain: None
*Consent Items
* L. Mayor Mei opened consideration of Approval of Service Agre ements 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 no t 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: Councilmembe
r Shao
Abstain: None
* M. Mayor Mei opened consideration to Approve and Authorize th e 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
A
bstain: None
*Consent Items
* N. Mayor Mei opened consideration of an Amendment to the Empl oyment 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
A
bstain: None
* O. Mayor Mei opened consideration of an Amendment to the Empl oyment 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
A
bstain: 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 (Publish ed 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 Resolu tion 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 s ale 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 fi ndings 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
A
bstain: 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, an
d Salwan
Noes: Councilmember Kassan
Absent: Councilmember Shao
A
bstain: None
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.
*Consent Items
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:15 p.m.
A t t e s t : A p p r o v e d :
____________________________________ _________________________ __ Alberto Quintanilla, Assistant City Clerk LILY MEI, Mayor
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
JULY 18, 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 7:02p.m.
B. Flag Salute: Vice Mayor Cox led the s alute 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.
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 Cox, 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 – None.
* C. Mayor Mei opened considerati on to Adopt a Resolution Delegating Authority to City Manager during City Council Recess, July 19, 2023 through September 4, 2023
See Green Sheet.
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council adopted Resolution No.2023-40 authorizing the City Manager or designee to take the following actions, as necessary, during the City Council recess period:
*Consent Items
1. Authorize the City Manager or designee to approve the plans and specifications for the Central Park Pathways Renovation Project; and accept the bid, award a construction contract with the lowest responsive and responsible bidder. Lowest responsive and responsible bidder is to be determined.
2. Authorize the City Manager or designee to approve Plans and Specifications, accept, award and execute the construction contract with the lowest responsible bidder for the Pickleball Conversion at Central Park Knoll Project in the amount of $520,000.
3. Authorize the City Manager or designee to approve Plans and Specifications, accept, award and execute the construction contract with the lowest responsible bidder for the Pickleball Conversion at Central Park Knoll Project in the amount of $520,000.
4. Authorize the City Manager or designee to approve Plans and Specifications, accept, award and execute the construction contract with the lowest responsible bidder for the Senior Center Trash Enclosure Project in the amount of $205,000.
5. Authorize the City Manager or designee to accept the grant f rom the BSCC in the amount not to exceed $117,949.89.
6. Authorize the City Manager or designee to enter an agreement with All City Management Services, LLC in the amount not to exceed $1,381,309 Effective August 1, 2023, through July 31, 2026.
7. Authorize the City Manager or designee to enter into a Memo of Understanding with the Fremont Unified School District for the cost-sharing of the Crossing Guard Program for FY 2023/24 through FY 2026/27.
8. Authorize the City Manager or designee to enter into an agreement with Tri-City Volunteers, in an amount not to exceed $139,000, effective July 1, 2023, through June 30, 2024.
9. Authorize the City Manager or designee to enter into an agreement with Abode Services, in an amount not to exceed $157,000, effective July 1, 2023, through June 30, 2024.
10. Authorize the City Manager or designee to enter into an agreement with Alameda County Health Care Services Agency, in an amount not to exceed $206,219, effective July 1, 2023, through June 30, 2024.
11. Authorize the City Manager or designee to enter into a Task Order with Fremont Unified School District in an amount not to exceed $40,000 for Youth and Family Services Division to provide School-Based Mental Health Counseling; Why Try Cognitive Behavioral Groups as an Alternative to Suspension Program for At-Promise (At-Risk Youth); Substance Use Disorder Treatment Services for Adolescents at Robertson and Kennedy High Schools; and the Family Resource Center Division to provide Family Support Services (Case Management) for the 2023‑2024 school year (August 16, 2023 through May 31, 2024).
12. a. Authorize the City Manager or designee to execute a task order to the existing Joint Powers Agreement with the City of Newark for the provision of FY 2023/24 case management services, in the amount of $5,000.
b. Authorize the City Manager or designee to execute a task order to the existing Joint Powers Agreement with the City of Newark for the provision of FY 2023/24 paratransit services, in the amount not to exceed $293,052.
*Consent Items
13. Authorize the City Manager or designee to amend the Service Agreement with GoGo Technologies, Inc. to increase the annual not to exceed amount to $75,000 for FY 2023/24 and $75,000 for FY 2024/25.
14. a. Authorize the City Manager or designee to issue a purchase order to Tyler Technologies, Inc., in the amount of $215,183.36, to execute implementing documents for the annual software support for the Tyler Munis financial management system and include the Tyler Cashiering system for one-year effective August 26, 2023, through August 25, 2024.
b. Authorize the City Manager or designee to renew the annual software support and services for the Tyler Munis financial management system and Tyler Cashiering system for two additional one-year periods in an amount not to exceed a seven percent increase over the prior year’s costs.
15. Authorize the City Manager or designee to increase an existing agreement with Oracle America, Inc. by the amount of $164,628.59 for the annual software support and maintenance for Oracle Databases, for a total amount of $354,584.66.
16. Authorize the City Manager or designee to approve the Plans and Specifications and accept, award and execute the construction contract to the lowest responsive and responsible bidder for the Old Canyon Road Bridge Slope Repair Project (PWC8120-H) in an amount not to exceed $150,000.
17. Authorize the City Manager or designee to execute an amendment to extend the existing agreement with American Portables for rental and maintenance servicing of portable restrooms and handwashing stations at various homeless encampment and vehicle habitation sites for three months through September 30, 2023 and increasing the contract amount from $94,480 to $108,480.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None
* D. Mayor Mei opened Consideration of Approval of a Profession al Services Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $5,040,000 (including 20% Contingency) for Architectural and Design Consultant Services for the Central Park Community Center Project (PWC9087); Adopt Resolution Authorizing the City Manager to Execute a State Grant Funding Agreement; and Find Actions are Exempt from CEQA Review.
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council approve the following actions related to the Central Park Community Center Project (PWC9087):
1. Find the action is exempt from environmental review, 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
*Consent Items
activity may have significant effect on the environment). Environmental review will be conducted as part of the project environmental clearance process.
2. Authorize the City Manager or designee to execute a Professional Services Agreement with Group 4 Architecture, Research + Planning, Inc. in an amount not to exceed $5,040,000 for architectural and design consultant services.
3. Adopt a Resolution No. 2023-41 a uthorizing City Manager to execute a funding agreement with the California Natural Resources Agency in the amount of $8,000,000.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None
* E. Mayor Mei opened Consideration to Adopt a Resolution Autho rizing the City Attorney to Execute a Certification and Indemnification Agreement with the County of Alameda for the Collection of Taxes and Assessments for Fiscal Year 2023/24
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council adopt Resolution No. 2023-42 authorizing the City Attorney to execute a Certification and Indemnification Agreement with the County of Alameda for the Collection of Taxes and Assessments for Fiscal Year 2023/24.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
Absent: None
Abstain: None
* F. Mayor Mei opened Consideration to Approve a Lease with the California Department of Rehabilitation for Space at the Family Resource Center, and Find the Action is Exempt from CEQA Review.
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council authorize the City Manager or designee to execute a new lease with the State Department of Rehabilitation for 5,916 square feet of office and common area space located at the Fremont Family Resource Center for eight years as described 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
*Consent Items
* G. Mayor Mei opened Consideration to Receive Report on Propos ed Projects to Repair and Mitigate City Infrastructure Damage from 2023 Storm Events, and Efforts to Obtain Federal and State Emergency Relief Funding; Appropriate Funds from City’s General Fund Contingency Reserve for Project Implementation in the Amount of $3,440,000; Find Action Exempt from CEQA. (2023 Storm Drain Projects)
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council approve the following actions to facilitate the 2023 Storm Damage Repair and Mitigation projects as follows:
1. Find that the recommended fundi ng actions are exempt from CEQA.
2. Transfer $3,440,000 from the General Fund Contingency Reserv e to the Capital Improvements Fund (Fund 501).
3. Appropriate $1,000,000 to the Mor rison Canyon Trail/Road Storm Repair and Mitigation Project (PWC9105-501).
4. Appropriate $820,000 to the Agua F ria Creek Storm Repair and Mitigation Project (PWC9103-501).
5. Appropriate $800,000 to the Mill Creek Road Storm Mitigation Project (PWC9104-501).
6. Appropriate $600,000 to the Stanl ey Bridge Storm Repair and Mitigation Project (PWC9102-501).
7. Appropriate $220,000 to the Sulliva n Underpass Storm Mitigation Project (PWC9106 501).
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
Abstain: None
* H. Mayor Mei opened Consideration to Authorize the City Manag er or her Designee to Execute a Five-Year License Agreement, with Two Five-Year Renewal Options, with Math Science Nucleus for the Use of the California Nursery Historical Park and to consider an exemption from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Project).
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council:
1. Authorize the City Manager or designee to execute a license agreement with Math Science Nucleus providing for use of portions of the California Nursery Historical Park for a five-year period through 2028, with the option to renew for two additional five-year periods that could extend the agreement through 2038.
2. Find that the license agreement is exempt from California Environmental Quality Act (CEQA) under CEQA Guidelines Sections 15061, 15183, and 15378.
*Consent Items
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None
* I. Mayor Mei opened Consideration of Approval of a Service Ag reement with Environmental Logistics Inc. for Emergency Hazardous Materials Response and Scheduled Disposals in the Amount Not-to-Exceed $300,000 per Fiscal Year, for a Five- Year Period Ending June 30, 2028.
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council authorize the City Manager or designee to execute a Service Agreement with Environmental Logistics Inc. to provide Emergency Hazardous Materials Response Services effective July 1, 2023, through June 30, 2028, with a total contract amount for a five-year period not-to-exceed $1,500,000.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None
* J. Mayor Mei opened Consideration to Adopt a Resolution Setti ng the Annual Tax Rate for Voter-Approved General Obligation Bonds Debt Service for Fiscal Year 2023/24 and Authorizing the County of Alameda to Collect and Enforce the Levy on Behalf of the City
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council adopt Resolution No.2023-43 to (1) establish the Fire Safety Project General Obligation Bonds tax rate of $0.0037 per $100 of assessed valuation (0.0037%) for Fiscal Year 2023/24, and (2) request and authorize the County of Alameda to levy a tax on all taxable properties in the City as a voter-approved levy with respect to the Fire Safety Project General Obligation Bonds.
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 her Designee to Enter into a Memorandum of Understanding with the Fremont Unified School District to Continue the School Resource Officer (SRO) Program
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person(s) commented: Linda Dewlaney. There being no additional *Consent Items
speakers, Mayor Mei closed the public comment period. Staff responded to questions from Councilmembers.
On a motion by Councilmember Campbell, seconded by Councilmember Salwan, the City Council authorize the City Manager or designee to execute the Memorandum of Understanding (MOU) with the Fremont Unified School District for the School Resource Officer Program.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Shao, and Salwan
Noes: Councilmember Kassan
Absent: None
Abstain: None
* L. Mayor Mei opened Consideration to Review and Accept the Flood Insurance Assessment of Fremont’s Current Level of Coverage for the Purpose of Receiving “Community Rating System” Credit for Flood Insurance Promotion.
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council accept
staff’s report on the Flood Insurance Assessment project and support the following actions:
1. Acknowledge that the Fremont community has approximately a 4 9% flood insurance coverage rate.
2. Continue to provide ongoing educational outreach as presented in the staff report that includes targeted mailings to residents within or near a special flood hazard area; articles on flood prevention in City newsletters; and distributing informational brochures at City facilities and at events.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None
* M. Mayor Mei opened Consideration of a Resolution Adopting th e City of Fremont's Salary Schedule
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council adopt Resolution No.2023-44 approving the City of Fremont’s Salary Schedule as established by the City Manag
er.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
Abstain: None
*Consent Items
* N. Mayor Mei opened Considerati on to Adopt the Site Development Plan for Vallejo Mills Historical Park; and find that, the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), Section 15304 (Minor Alterations of Land), Section 15311(b) (Accessory Structures), and Section 15183 (Project Consistent with a Community Plan, General Plan, or Zoning).
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person(s) commented: Naren Immadi, John Hinds, Kelly Abreu, Keith Parker, Sharon Ventura, and William Yragui. 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:
1. Find that the project is exe mpt from review under the California Environmental Quality Act (CEQA) as the replacement or reconstruction of an existing facility, pursuant to CEQA Guidelines Section 15301 (Existing Facilities), Section 15304 (Minor Alterations of Land), Section 15311(b) (Accessory Structures), and Section 15183 (Project Consistent with a Community Plan, General Plan, or Zoning), and approve a categorical exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines.
2. Adopt the Site Development Pla n for Vallejo Mills Historical Park as shown in Exhibit A and Exhibit B.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: 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: Albert Tsui, Priya Chouhan, Indravardhan Singh Shaktawat, Yanxia Lin, Hui Li, John Ng, Salim Mastan, Kelly Abreu, and Lisa Danz
5. SCHEDULED ITEMS – None.
*Consent Items
6. OTHER BUSINESS – 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: Design ation of League of California Cities Annual Conference Voting Delegate
On a motion by Councilmember Shao, seconded by Councilmember Campbell, the City Council appoint Mayor Mei as the City’s voting delegate for the League of California Cities Annual Conference and Councilmember Salwan as the voting alternate.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: 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 8:33 p.m.
A t t e s t : A p p r o v e d :
_________________________________ ___________________________ Alberto Quintanilla, Assistant City Clerk LILY MEI, Mayor
*Consent Items
MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
AUGUST 15, 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 7:00 p.m.
B. Flag Salute: Councilmember Campbell 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.
E. Report Out of Closed Session – None.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances – None.
* B. Approval of Minutes – 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: Virginia, Guy Moy, Ping Chin, and Kelly Abreu.
5. SCHEDULED ITEMS – None.
*Consent Items
6. OTHER BUSINESS
A. Mayor Mei opened considera tion of Approval of the Agreement to Purchase the Property Located at 39180 Liberty Street in the Amount of $6,540,000; Related Appropriation Actions (Property Acquisition)
See Green Sheet.
Assistant City Manager, Christina Briggs and Economic Development Director, Donovan Lazaro provided an introduction. Staff responded to questions from Councilmembers. Mayor Mei opened public comment. The following person(s) commented: Kelly Abreu. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by a question and answer period. Councilmembers provided comment.
On a motion by Vice Mayor Cox, seconded by Councilmember Kassan, the City Council:
1. Adopted Resolution No. 2023-45 of the City Council of the City of Fremont approving, and authorizing the City Manager to execute, a certain Standard Offer, Agreement, and Escrow Instructions for Purchase of Real Estate and accompanying Addendum thereto, subject to the revisions that were receive in the Green Sheet, for City’s purchase of the property commonly known as 39180 Liberty Street and designated as Assessor Parcel Number 501-1130-50 and finding that the proposed purchase is exempt from CEQA review.
2. Reallocate $6,750,000 from the Strategic Investment Opportunities Reserve in the Capital Improvements Fund (PWC8811-501) to the 39180 Liberty Street Acquisition Project (PWC9107-501).
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
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.
*Consent Items
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting in memory of all affected by the Lahaina, Maui fire at 7:50 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