*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
SEPTEMBER 12, 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, Shao, and Salwan. Councilmember Kassan arrived at 7:04 p.m.
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 – None.
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, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
* B. Mayor Mei opened consideration of Approval of Minutes
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council approved minutes for the Special and Regular Meetings of June 20, 2023, the Special and Regular Meetings of July 11, 2023, the Regular Meeting of July 18, 2023, and the Special Meeting of August 15, 2023
*Consent Items
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
* C. Mayor Mei opened considerati on of A Report of Actions Taken by the City Manager during Council Recess, July 19, 2023 through September 4, 2023
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council received report acknowledging actions taken by the City Manager or designee during the recess.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
* D. Mayor Mei opened consideration of Approval to Execute a Th ird Amendment to Contract with Alameda County Probation Department for Juvenile Justice Crime Prevention Act (JJCPA) Grant Funded Trauma-Focused Mental Health and Parenting Classes Provided by the Human Services Department’s Youth and Family Services Division for FY 2023/34; and a First Amendment to Subcontract with Seneca Family of Agencies (Seneca), and Make Findings of CEQA Exemption
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:
1. Authorized the City Manager or her designee to execute a Third Amendment with Alameda County Probation Department in the amount of $63,084, increasing the total not to exceed amount from $278,616 to $341,700 over the term of the agreement for the purpose of allowing the City to continue to provide the youth group and parenting programs through June 30, 2024;
2. Appropriated an additional $10,955, as described in the report, to equal the actual amendment amount of $63,084; and
3. Authorized the City Manager or her designee to execute an Amendment to a sub-contract with Seneca, for the additional amount of $45,564, increasing the not to exceed amount to $154,998 over the term of the agreement.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
*Consent Items
* E. Mayor Mei opened considera tion of Approval to execute a Second Amendment to a Master Service Contract, under a Joint Powers Agreement with Alameda County Probation Department for Programs Supporting At-Risk Youth and Families, through December 31, 2023 and Making Findings of CEQA Exemption
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council authorized the City Manager or her designee to execute a Second Amendment to a multi-year joint powers agreement for the additional amount of $221,000, and a total not to exceed amount of $2,431,000 over the term of the Contract, with Alameda County to provide delinquency intervention and prevention services for at-risk youth and families in Fremont and Newark.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
* F. Mayor Mei opened consideration of Approval to Adopt a Reso lution Authorizing the City Manager to Execute a FY 2023/24 Contract with the California Department on Aging to Provide Multipurpose Senior Services Program (MSSP) and Making Findings of CEQA Exemption
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council adopted Resolution No. 2023-46 authorizing the City Manager or her designee to execute the contract MS-2324-37 with the California Department on Aging to provide MSSP services for FY 2023/24 in an amount not to exceed $546,312.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
* G. Mayor Mei opened consideration of Approval to Accept and A ppropriate the Local Agency Technical Assistance Grant Funds in the amount of $500,000 to assist with pre- construction expenses that facilitate development of broadband network deployment to unserved and underserved constituents in the City of Fremont.
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:
1. Accept the LATA funding in the amount of $500,000.
2. Recognize the grant revenue and appropriate $500,000, as wel l as any additional supplemental funding, in the Federal Operating Grants Fund (Fund 199).
3. Authorize the City Manager or designee to execute all necessary agreements and documents in connection with the grant award.
*Consent Items
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
* H. Mayor Mei opened consideration of Approval to Accept and A ppropriate the State of California Department of Housing & Community Development funding grant in the amount of $1,500,000 for the Commercial District Wi-Fi Access Expansion Project (State Funding Grant)
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.
On a motion by Vice Mayor Cox, seconded by Councilmember Campbell, the City Council:
1. Accepted the HCD grant funding in the amount of $1,500,000;
2. Appropriated $1,500,000, as well as any additional supplemen tal funding, to the Commercial District Wi-Fi Access Expansion Project – PWC9108-525; and
3. Authorized the City Manager or designee to execute all necessary agreements and documents in connection with the grant award.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
* I. Mayor Mei opened consideration of Approval to Accept and A ppropriate the U.S.
Department of Housing and Urban Development funding grant in the amount of $1,500,000 for the Commercial District Wi-Fi Access Expansion Project (Federal Funding Grant)
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:
1. Accepted the HUD grant f unding in the amount of $1,500,000;
2. Appropriated $1,500,000, as well as any additional supplemen tal funding, to the Commercial District Wi-Fi Access Expansion Project – PWC9108-522; and
3. Authorized the City Manager or designee to execute all necessary agreements and documents in connection with the grant award.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
*Consent Items
* J. Mayor Mei opened considera tion of Approval to Authorize the City Manager to Purchase Motorola Portable Radios for the Fire Department from Telepath Corporation Through a Cooperative Agreement with HGAC-Buy, for an amount not to exceed $110,000
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council authorized the City Manager or Designee to issue a purchase order to Telepath Corporation for an amount not to exceed $110,000 to purchase Motorola Portable Radios through a cooperative agreement with HGAC-Buy.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
* K. Mayor Mei opened consideration to Approve and Authorize th e City Manager or Designee to Execute a Service Agreement for Recreation Division Printing Services with Folger Graphics (Printing and Mailing Service)
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council awarded the agreement and authorized the City Manager or designee to execute a five-year contract, through June 30, 2028, with Folger Graphics in an amount not-to-exceed $125,000 annually, with up to a 5% annual Consumer Price Index adjustment that the City may consider, for a total not-to-exceed amount of $691,000.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
* L. Mayor Mei opened consideration to Adopt a Resolution Autho rizing the Submittal of Applications for CalRecycle Grant and Payment Programs, Authorizing the Execution of Any Documents to Accept CalRecycle Funding, and Authorizing the Implementation of the Grant or Payment Program Project (STATE RECYCLING GRANTS)
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council adopted Resolution No. 2023-47 authorizing the City Manager or her designee to submit CalRecycle grant and payment program applications, execute all documents necessary to secure funds, and implement CalRecycle grants and payment programs through September 12, 2028.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
*Consent Items
* M. Mayor Mei opened consideration of Approval of Plans and Sp ecifications and Award of Contract to Diablo Roofing, Inc. in the amount of $3,318,210 (including 15% Contingency) for the City Hall Buildings A & B Roof Replacement Project (PWC9095); Exempt from Environmental Review per CEQA Guideline Section 15301 (Existing Facilities)
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council approved the following actions related to the City Hall Buildings A & B Roof Replacement Project (PWC9095):
1. Find the project is exempt fro m CEQA review pursuant to CEQA Guideline Section 15301 as a repair or modification of an existing facility involving negligible or no expansion of use.
2. Approve Plans and Specificati ons for the City Hall Buildings A & B Roof Replacement Project.
3. Accept the Bid and award the construction contract to the lo west responsive and responsible bidder Diablo Roofing, Inc. in the amount of $2,885,400 and allocate a 15% contingency in the amount of $432,810 for a total construction contract amount of $3,318,210 and authorize the City Manager or designee to execute the contract.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Childhood Cancer Awareness Month
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
The following persons commented: Kelly Abreu and Suresh.
5. SCHEDULED ITEMS – None.
6. OTHER BUSINESS – None.
7. ITEMS REFERRED B Y COUNCILMEMBERS
A. Council Referrals – None.
*Consent Items
B. Appointments to Boards, Commissions, Committees
1. Mayor Mei opened consideration of Mayor Mei Referral: Appoin tments and Reappointments to Advisory Bodies
APPOINTMENTS:
Advisory Body Appointee Term Expires
Recreation Commission Bruce Brackett 12/31/2026
Youth Advisory Commission Samhi ta Balakrishnan 12/31/2023 Emily Sison 12/31/2023
Phi Chanda 12/31/2023
Rohan Bhagra 12/31/2024
Riya Patel 12/31/2024
Allyson Wong 12/31/2023
REAPPOINTMENTS:
Advisory Body Appointee Term Expires
Youth Advisory Commission Edison Liu 12/31/2024
Kyle Leung 12/31/2024
On a motion by Councilmember Shao, seconded by Councilmember Salwan, the City Council approved appointments & reappointments.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: 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 7:35 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
SEPTEMBER 19, 2023
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
1. PRELIMINARY
A. Call to Order: Mayor Mei called the meeti ng to order at 7:00 p.m.
B. Flag Salute: Councilmember Shao 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 Shackelford shared information regarding items of Council/community interest.
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 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, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
* B. Approval of Minutes – None.
* C. Mayor Mei opened consideration of Appr oval to Authorize the City Manager or her designee to execute an amendment to the Master Technology Services Agreement with Etech Consulting Inc. to extend the term and increase the not-to-exceed compensation to $400,000. (On-Call Accela Support Technology Services)
*Consent Items
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council authorized the City Manager or her designee to execute an amendment to the Master Services Technology Agreement with eTech Consulting, Inc., to extend the term by two years from the date of execution and increase the not-to-exceed compensation to $400,000.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
* D. Mayor Mei opened consideration of Approval of Reimbursement Agreement for Preliminary Engineering with Union Pacific Railroad in the Amount of $245,000 for the Centerville Railroad Corridor Safety Improvement Project (PWC9071); Appropriation Actions; and Make Findings of CEQA Exemption
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council approved the following actions related to the Centerville Railroad Corridor Safety Improvements (PWC9071):
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 activity may have significant effect on the environment).
2. Authorize City Manager or designee to ex ecute a Reimbursement Agreement with UPRR in an amount not to exceed $245,000 for preliminary engineering support.
3. Reallocate $280,000 from PWC9041-515 to PWC9071-515.
4. Reallocate $120,000 from PWC8933-531 to PWC9071-531.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Shao
Noes: None
Absent: None
Recuse
d: Councilmember Salwan ( business/property interest)
* E. Mayor Mei opened consideration of A pproval to Authorize the City Manager, or Designee, to Issue Purchase Orders for Annual Operating Payments/Renewals and Execute Implementing Documents with EBRCSA for Use of the Public Safety Radio Communications System (Radio Services Provided by East Bay Regional Communications System Authority (EBRCSA))
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council authorized the City Manager, or designee, to issue a purchase order for the annual operating payment to EBRCSA in an amount not to exceed $312,840 for the one-year period effective July 1, 2023, through June 30, 2024, and execute implementing documents as necessary.
*Consent Items
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
* F. Mayor Mei opened consideration of Auth orization to Contract with Alameda County Health Care Services Agency for Health Promotion Services 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 her design ee, to execute a contract with the Alameda County Health Care Services Agency in the amount of $206,219 for the period of July 1, 2023 through June 30, 2024 for the Health Promoter Project.
2. Appropriated an additional $6,219 in the Ageing and Family Services Behavioral Health Fund (Fund 104) to equal the contract amount.
3. Found that the action is exempt from CEQA review.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
* G. Mayor Mei opened consideration of Approval to Authorize the City Manager or Designee to Execute an Amendment to the Organic Waste Technical Assistance Services Agreement with APTIM Environmental & Infrastructure, LLC, Extending the Agreement through June 30, 2024 and Increasing the Not-to-Exceed Amount from $96,018 to $150,000.
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:
Authorize the City Manager or her designee to execute an amendment to Agreement 22-0333 with APTIM Environmental & Infrastructure, LLC, extending the agreement through June 30, 2024, and increasing the not-to-exceed amount from $96,018 to $150,000.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
*Consent Items
* H. Mayor Mei opened consideration of Approval to Authorize the City Manager or designee to enter into a $230,500 Standard Service Agreement with the County of Alameda for the City to provide non-congregate shelter options for individuals and families experiencing homelessness; and making findings of CEQA exemption. (Winter Relief Service Agreement)
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council:
1. Authorized the City Manager or design ee to execute a FY 2023/24 Standard Service Agreement of $230,500 with the County of Alameda to support the Winter Relief program.
2. Found that the actions are exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15183 and/or 15061(b)(3).
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 to Authorize the City Manager to Execute a Three-Year Contract with United Site Services for Rental and Maintenance Servicing of Portable Restrooms and Handwashing Stations at Various Homeless Encampment and Vehicle Habitation Sites Not-to-Exceed $116,140 with an Optional Two-Year Extension Not-to-Exceed $84,349.
On a motion by Vice Mayor Cox, seconded by Councilmember Keng, the City Council authorized the City Manager or her designee to execute a contract with United Site Services for rental and maintenance servicing of portable restrooms and handwashing stations at various homeless encampment and vehicle habitation sites for an initial term of three years in an amount not-to-exceed $116,140, and an optional two-year term for $84,349, for a potential total not-to-exceed amount of $200,489.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
* J. Mayor Mei opened consideration of Appr oval of Project Funding Agreements with Alameda County Transportation Commission (ACTC) and Appropriation of Funds for the East Bay Greenway Trail (Irvington to Fremont BART) (PWC9101) and Fremont Boulevard/Walnut Avenue Bikeway Project (PWC9100) for a Combined Total Funding Amount of $2,133,000
*Consent Items
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person(s) commented: Kelly Abreu and Daniel Karpelevitch. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council:
1. Authorized the City Manager or his design ee to execute Project Funding Agreements for the East Bay Greenway Trail (Irvington to Fremont BART) Project and the Fremont Boulevard/Walnut Avenue Bikeway Project.
2. Appropriated $1,033,000 in ACTC funds to PWC9101-504, and reallocate $25,000 in SB-1 funds from PWC8234-134 (SB-1-RMRA State Gas Tax 2030) to PWC9101-134 for the East Bay Greenway Trail (Irvington to Fremont BART) Project.
3. Appropriated $1,100,000 in ACTC funds to PWC9100-504, and reallocate $25,000 in SB-1 funds from PWC8234-134 (SB-1-RMRA State Gas Tax 2030) to PWC9100-134 for the Fremont Boulevard/Walnut Avenue Bikeway Project.
4. Found the action constitutes a funding and admi nistrative activity which is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b), as as it can be seen with certainty that there is no possibility that the implementation of the agreements will have the potential for causing a significant effect on the environment. The projects associated with these funding agreements will undergo environmental review in compliance with CEQA.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
3. CEREMONIAL ITEMS
A. Proclamation: American Muslim Appreciation and Awareness Month
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: Joe Rose (NAMI Alameda County So.), Kelly Abreu, and Salim Mastan.
5. SCHEDULED ITEMS – None.
*Consent Items
6. OTHER BUSINESS
A. Mayor Mei opened consideration of Revi sions to the Council Handbook to Incorporate Rosenberg’s Rules of Order (City Council Handbook of Rules and Procedures)
City Attorney Alvarado provided an overview and responded to questions from Councilmembers. The following person(s) commented: John Hinds. There being no additional speakers, Mayor Mei closed the public comment period. Councilmembers asked additional questions and provided comment.
On a motion by Councilmember Campbell, seconded by Councilmember Shao, the City Council adopted Resolution No. 2023-48 amending the City Council Handbook of Rules and Procedures to incorporate Rosenberg’s Rules of Order and other technical revisions.
Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
Absent: None
A
bstain: None
7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees – None.
C. Legislative Actions
D. Report on Committee Assignments
Councilmembers reported on their various meetings.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:50 p.m., with a moment of silence.
Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor