*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
APRIL 16, 2024
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 Keng led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
D. Announcements by Mayor/City Manager/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
City Manager Shackelford introduced colleagues.
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 Cox, seconded by Councilmember Keng, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* B. Approval of Minutes – None.
* C. Mayor Mei opened consideration of Appr oval to Authorize the City Manager, or her Designee, to Issue a Purchase Order and to Execute Implementing and Amending Documents with Safe Software Inc., for the Annual Software License of the FME Geospatial Extract, Transform and Load Software Solution. (Safe Software Local Government Agreement Renewal)
*Consent Items
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council authorized the City Manager, or her designee, to issue a purchase order and to execute implementing and amending documents with Safe Software Inc. for the Annual Software License of the FME Geospatial Extract, Transform, and Load Software Solution in the amount not-to-exceed $160,000 for a 5-year term.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* D. Mayor Mei opened consideration of Appr oval of Agreements for On-Call Environmental Consulting Services each in the amount of $1,250,000 per Agreement with LSA Associates, EMC Planning Group, and Montrose Environmental; Make Finding of CEQA Exemption
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council approved and authorized the City Manager or designee to execute a Master Service Agreement with the following consultants:
1. LSA Associates, Inc. for on-call environmental consulting services for a total not-to- exceed compensation of $1,250,000 for five years.
2. EMC Planning Group, for on-call environmental consulting services for a total not-to- exceed compensation of $1,250,000 for five years.
3. Montrose Environmental, Inc. for on-call environmental consulting services for a total not-to-exceed compensation of $1,250,000 for five years.
4. Find that the actions are exempt from environmental review as a separate and independent base 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).
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* E. Mayor Mei opened consideration of Approval to Amend Contract for Homeless Encampment and Illegal Dumping Abatement Services with Art Cuevas Landscaping to Increase the Total Contract Amount by $150,000 from $1,255,120 to $1,405,120 and Find that the Project is Exempt from Review Under the California Environmental Quality Act (CEQA) per CEQA Guidelines 15304 and 15307. (Abatement Contract Amendment)
This item was removed from the Consent Calendar.
*Consent Items
On a motion by Councilmember Cox, seconded by Councilmember Campbell, the City Council:
1. Authorized the City Manager, or designee, to execute a contract amendment with Art Cuevas Landscaping for homeless encampment and illegal dumping abatement services to increase the not-to-exceed contract amount from $1,255,120 to $1,404,120 and include a City option to extend the agreement from June 30, 2024 to August 31, 2024.
2. Found that the project is exempt from revi ew under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15304 (Minor Alterations to Land) and Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources).
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* F. Mayor Mei opened consideration to Appr ove a Professional Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $500,576 (Including 20% Contingency), for Design Services for the Walnut Avenue Bikeway Phase 2 Improvement Project (PWC9100A); Appropriation Actions; Make Findings of CEQA Exemption. (Walnut Avenue Bikeway Improvements)
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following persons commented: John Hinds and Barbara Zepeda. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Kassan, seconded by Councilmember Campbell, the City Council approved the following actions related to the Walnut Avenue Bikeway Phase 2 Improvements Project (PWC9100A):
1. Authorize the City Manager or designee to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., in an amount not to exceed $500,576 for design services.
2. Reallocate $347,000 from PWC9041-515 and appropriate it to PWC9100-515.
3. Reallocate $100,000 from PWC9041-531 and appropriate it to PWC9100-531.
4. Find that the actions are exempt from environmental review as a separate and independent base 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).
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
*Consent Items
* G. Mayor Mei opened consideration of a S econd Reading and Adoption of an Ordinance Amending Fremont Municipal Code Section 2.05.060 (Compensation of Mayor and Councilmembers) to Adjust the Salaries of the Mayor and Council Members
This item was removed from the Consent Calendar.
On a motion by Councilmember Cox, seconded by Councilmember Kassan, the City Council adopted Ordinance No. 04-2024 amending the Fremont Municipal Code to authorize an increase in the salary of the City Councilmembers to $2,602.56 per month and of the Mayor to $4,623.83 per month, effective after the new City Council is seated following the election of November 5, 2024.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, and Cox
Noes: Councilmember Salwan
Absent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Fair Housing Month, April 2024
B. Proclamation: National Victim s’ Rights Week, April 21-27, 2024,
Victim/Witness Assistance Division, Alameda County District Attorney’s Office
C. Proclamation: 41st Annual National Night Out, August 6, 2024
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
The following person commented: John Hinds.
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of a P ublic Hearing (Published Notice) to consider a third-party Appeal of the Planning Commission’s decision to deny a third-party Appeal and uphold the Zoning Administrator’s approval action of a Discretionary Design Review Permit (under PLN2022-00487) to allow a proposed mixed-use development consisting of a freestanding 13,000-square-foot retail-pharmacy building with a drive- through lane and a six-story mixed-use building containing 314 apartment units and 14,157 square feet of retail-commercial space at 39150 Argonaut Way in the Central Community Plan Area; and an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183, as the project is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and
*Consent Items
certified, and CEQA Guidelines Sections 15162 and 15164, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred. (Fremont Hub Mixed-Use Appeal – 39150 Argonaut Way – PLN2024-00128)
Communications 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.
Senior Planner Mark Hungerford provided a staff presentation. Staff responded to questions from Councilmembers. Representative for Appellant (East Bay Residents for Responsible Development), Ariana Abedifard w/Adams Broadwell Joseph & Cardozo, provided an overview. Ms. Federman responded to questions from Councilmembers. The Applicant, Mark Rickards of Kimco and Bryan Wenter w/Miller Starr Regalia (Applicant’s legal counsel) provided a presentation and responded to questions from Councilmembers. Mayor Mei opened the public hearing. The following persons commented: Barbara Zepeda, Lisa Danz, John Hinds, Kelly Abreu, and Salim Mastan. There being no additional speakers, Mayor Mei closed the public hearing. The Appellant representative was given five minutes for rebuttal. The Applicant was also provided five minutes for rebuttal. This was followed by questions and comments from Councilmembers.
A motion was made by Councilmember Salwan, to continue the hearing by 60 days, seconded by Councilmember Cox. A substitute motion by Vice Mayor Shao, to approve staff recommendation and reject the appeal, seconded by Councilmember Kassan, the City Council:
1. Held public hearing.
2. Found that the proposed project is in conformance with the relevant provisions of the City’s General Plan, including the goals and objectives set forth in the Land Use, Community Plans, Housing Element, and Safety Chapters of the General Plan.
3. Adopted Resolution No. 2024-13 denying the Appeal, adopting findings, and approving Discretionary Design Review Permit PLN2022-00487, as shown in Exhibit “A,” based on findings and subject to the conditions of approval provided in Exhibit “B.”
4. Approved the proposed removal and mitigation of sixty-two (62) private protected trees pursuant to the City’s Tree Preservation Ordinance.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, and Kassan
Noes: Councilmembers: Salwan and Cox
Absent: None
Abstain: None
B. Mayor Mei opened consideration of a P ublic Hearing (Published Notice) to consider a third party Appeal of the Planning Commission’s decision to deny a third-party Appeal and uphold the Zoning Administrator’s approval action of a Discretionary Design Review Permit (under PLN2023-00198) to allow a proposed five-story, 206-unit apartment building within the Gateway Plaza Shopping Center at 36190 Paseo Padre Parkway in the Central Community Plan Area; and an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines
*Consent Items
Section 15332, Infill Development Projects, and a finding that no further environmental review is required pursuant to CEQA Guidelines Section 15183, as the project is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15164, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred. (Gateway Plaza Apartments Appeal – 39160 Paseo Padre Parkway – PLN2024-00129)
Communications 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.
Senior Planner Mark Hungerford provided a staff presentation. Staff responded to questions from Councilmembers. Representative for Appellant (East Bay Residents for Responsible Development), Kelilah Federman w/Adams Broadwell Joseph & Cardozo, provided an overview. Ms. Federman responded to questions from Councilmembers. The Applicant, Mark Rickards of Kimco and Bryan Wenter w/Miller Starr Regalia (Applicant’s legal counsel) provided a presentation and responded to questions from Councilmembers. Mayor Mei opened the public hearing. The following persons commented: Lisa Danz and Kelly Abreu. There being no additional speakers, Mayor Mei closed the public hearing. The Appellant representative was given five minutes for rebuttal. The Applicant was also provided five minutes for rebuttal. This was followed by questions and comments from Councilmembers.
On a motion by Vice Mayor Shao, seconded by Councilmember Kassan, the City Council:
1. Held public hearing.
2. Found that the proposed project is in conformance with the relevant provisions of the City’s General Plan, including the goals and objectives set forth in the Land Use, Community Plans, Housing Element, and Safety Chapters of the General Plan.
3. Adopted Resolution No. 2024-14 denying the Appeal, adopt findings, and approve Discretionary Design Review Permit PLN2023-00198, as shown in Exhibit “A,” based on findings and subject to the conditions of approval provided in Exhibit “B.”
4. Approved the proposed removal and mitigation of thirty-six (36) private protected trees pursuant to the City’s Tree Preservation Ordinance.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, and Kassan
Noes: Councilmembers: Salwan and Cox
Absent: None
Abstain: None
6. OTHER BUSINESS – None.
*Consent Items
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.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 10:45 p.m.
Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor