MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
APRIL 2, 2024
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, Vice Mayor Shao, Councilmembers: Campbell, Kassan, Salwan, and Cox
Absent: Councilmember Keng
Public Comment: None.
CONVENED TO A CLOSED SESSION at 5:47 p.m.
CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
Government Code Section 54956.9
1. Temple of 1001 Buddhas, MiaoLan Lee, et al. v. City of Fremont, Court of Appeal, California First Appellate District, Division Four, Case No. A167719; Alameda County Superior Court, Case No. 21CV002808
2. Temple of 1001 Buddhas, MiaoLan Lee, et al. v. City of Fremont, U.S. District Court, California Northern District, Case No. 3:21-cv-04661 CRB
The Special Meeting of the Fremont City Council adjourned at 6:20 p.m.
A t t e s t : A p p r o v e d :
_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
APRIL 2, 2024
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
1. PRELIMINARY
A. Call to Order: Mayor Mei called the mee ting to order at 7:01 p.m.
B. Flag Salute: Councilmember Salwan led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Shao, Councilmembers: Campbell, Kassan, Salwan, and Cox
Absent: Councilmember Keng
D. Announcements by Mayor/City Manager/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
City Manager Shackelford introduced staff.
E. Report Out of Closed Session (if applicable)
City Attorney Alvarado reported that the Council conducted a conference in Closed Session.
Council took no reportable actions.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor S hao, Councilmembers: Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Councilmember Ken
g
Abstain: None
* B. Approval of Minutes – None.
*Consent Items
* C. Mayor Mei opened considera tion of Approval to Authorize the City Manager, or Designee, to Issue a Purchase Order and Execute Implementing Documents with Foster + Freeman in an amount not to exceed $160,135 for the DCS-5 DIMS latent fingerprint system (Digital Image Management System (DIMS))
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council authorized the City Manager, or designee, to issue a purchase order and execute implementing documents with Foster + Freeman in an amount not to exceed $160,135 for the purchase of the DIMS DCS-5 system.
Ayes: Mayor Mei, Vice Mayor S hao, Councilmembers: Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Councilmember Ken
g
Abstain: None
* D. Mayor Mei opened considerati on to Approve the Plans & Specifications; Award the Contract to SDM Construction in the amount of $169,740 (including 15% Contingency) for the Police Administration Building First Level Flooring Replacement Project (PWC8393); Make Findings of CEQA Exemption (Police Building Flooring Replacement Project)
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved the following actions related to the Police Administration Building Flooring Project (PWC8393):
1. Found the project is exempt fro m the CEQA review pursuant to CEQA Guidelines Section 15301 (Existing Facilities) as the project involves the minor repair, maintenance, or modification of the interior of an existing facility involving no expansion of use beyond that which presently exists.
2. Approved Plans and Specifi cations for the project.
3. Accepted the Bid and awarded t he construction contract to the lowest responsive and responsible bidder, SDM Construction in the amount of $147,600 and allocate a 15% contingency in the amount of $22,140 for a total construction contract amount of $169,740; and authorize the City Manager or designee to execute the contract.
Ayes: Mayor Mei, Vice Mayor S hao, Councilmembers: Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Councilmember Ken
g
Abstain: None
* E. Mayor Mei opened consideration of Approval of Plans and Sp ecifications; Award of Contract to TOCHI in the amount of $378,120 (including 15% Contingency) for the Central Park Switchgear and Transformers Replacement Project (PWC 9096); Make Findings of CEQA Exemption (Central Park Electric System Upgrade)
*Consent Items
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved the following actions related to the Central Park Switchgear and Transformers Replacement Project (PWC9096):
1. Found the project is exempt from CEQA review pursuant to CEQ A Guideline Section 15301(d) as the project involves rehabilitation of deteriorated facilities to meet current standards public health and safety.
2. Approved Plans and Specificati ons for the Central Park Switchgear and Transformers Replacement Project.
3. Accepted the Bid and awarded t he construction contract to the lowest responsive and responsible bidder TOCHI in the amount of $328,800 and allocate a 15% contingency in the amount of $49,320 for a total construction contract amount of $378,120 and authorize the City Manager or designee to execute the contract.
Ayes: Mayor Mei, Vice Mayor S hao, Councilmembers: Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Councilmember Ken
g
Abstain: None
* F. Mayor Mei opened consideration of Approval of Plans and Sp ecifications, and Award a Contract to G.
Bortolotto & Company, Inc. in the Amount of $1,946,416.84 (Including 5% Contingency) for the 2024 Pavement Rehabilitation Project (PWC8234-X); Make Findings of CEQA Exemption
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved the following actions related to the 2024 Pavement Rehabilitation Project (PWC8234-X):
1. Approved the plans and speci fications for the project.
2. Accepted the bid and awarded the construction contract to th e lowest responsive and responsible bidder, G. Bortolotto & Company, Inc. in the amount of $1,856,416.84, plus a 5% construction contingency in the amount of $90,000 for a total construction contract amount of $1,946,416.84 and authorize the City Manager or designee to execute the contract.
3. Found this project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing) and Section 15302 (replacement or reconstruction of existing structures/facilities).
Ayes: Mayor Mei, Vice Mayor S hao, Councilmembers: Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Councilmember Ken
g
Abstain: None
*Consent Items
* G. Mayor Mei opened consideration of Approval of Plans and Sp ecifications; Award of Contract to SCC Electric, Inc. in the amount of $415,952 (including Bid Alternate No.1 & 15% Contingency) for the Fire Station No. 7 Emergency Generator Replacement Project (PWC8393); Make Findings of CEQA Exemption
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved the following actions related to the Fire Station No.7 Emergency Generator Replacement Project (PWC8393):
1. Found the project is exempt from CEQA review pursuant to CEQ A Guideline Section 15302(c) as the replacement of an existing utility system involving negligible or no expansion of capacity.
2. Approved Plans and Specificati ons for the Fire Station No.7 Emergency Generator Replacement Project.
3. Accepted the Bid and awarded t he construction contract to the lowest responsive and responsible bidder SCC Electric, Inc. in the amount of $329,089, approve bid alternate No.1 in the amount of $37,500, and allocate a 15% contingency in the amount of $49,363 for a total construction contract amount of $415,952; and authorize the City Manager or designee to execute the contract.
Ayes: Mayor Mei, Vice Mayor S hao, Councilmembers: Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Councilmember Ken
g
Abstain: None
3. CEREMONIAL ITEMS – None.
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
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.
The following persons commented: Connie Chew (Fremont Cultural Arts Council), Mubeen Quadri, Julie Gilson (Fremont Cultural Arts Council), Dhankaran Ajravat, Sophia, Aisha Siddiqui, Saeed, and Kelly Abreu.
5. SCHEDULED ITEMS – None.
*Consent Items
6. OTHER BUSINESS
A. Mayor Mei opened consideration of a Report in Response to C ouncilmember Kassan Referral – Regarding Animal Shelter Services
See Green Sheet on file, for the correction to the Fiscal Impact section.
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.
Police Chief Sean Washington, Deputy Chief Lance Brede, Deputy City Manager DeMers, and Human Resources Director Tina Gallegos provided a presentation and responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following persons commented: Diane Shaw (Ohlone Humane Society), Kelly Roney, Barbara Gifford (Ohlone Humane Society), Bridget Makk, Yukira Vu (Kitten Rescue 101), Hilary Danehy (Ohlone Humane Society), Mich Chen, Fabian Meier, and Golden Shao. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by questions and comments from Councilmembers.
On a motion by Councilmember Kassan, seconded by Councilmember Salwan, the City Council accepted recommendation, and implement the TNR Program as written in alternate option, coordinate with Ohlone Humane Society and other non-profits that do this TNR work, that the shelter have at least a two “drop off days” a week for TNR program, and reinstate a kitten foster program as soon as feasible.
Ayes: Mayor Mei, Vice Mayor S hao, Councilmembers: Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Councilmember Ken
g
Abstain: None
B. Mayor Mei opened consideration of Approval for Procedures a nd Guidelines Outlining Parking Enforcement Near City Schools and Parks in Response to Council Request for Analysis (Large Vehicle Parking Enforcement Policy Consideration)
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.
Deputy City Manager Allen DeMers and Public Works Director Hans Larsen gave a presentation. Mayor Mei opened the public comment period. The following persons commented: David King, Bhakti Pargui, Albert Tsui, Rita Azizian, Minak Shi, UG, Shiv Kumar, John Ng, Golden Shao, and Kelly Abreu. There being no additional speakers, Mayor Mei closed the public comment period. Staff responded to questions from Councilmembers.
*Consent Items
The City Council received this staff report, including an update on the City’s current efforts to restrict large vehicle parking at school sites deemed most impacted. No additional action taken at this time.
C. Mayor Mei opened considera tion of Approval to Introduce an Ordinance Amending Fremont Municipal Code Section 10.05.630 “Stopping or Parking Prohibited – Signs Required” Related to Parking Near Intersections and Vehicle Heights; and Find Actions are Exempt from CEQA Review (Update to Parking Regulations)
Public Works Director Hans Larsen gave a presentation and responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following persons commented: John Hinds, Tejal Parghi, Daniel Karpelevitch, John Ng, Golden Shao, and Kelly Abreu. There being no additional speakers, Mayor Mei closed the public comment period.
Staff responded to questions from Councilmembers. Councilmembers provided comment.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:
1. Found that the recommended act ion is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), in that it is not a project which has the potential for causing a significant effect on the environment.
2. Introduced an ordinance am ending Section 10.05.630 of the Fremont Municipal Code to update parking regulations.
Ayes: Mayor Mei, Vice Mayor S hao, Councilmembers: Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: Councilmember Ken
g
Abstain: None
7. ITEMS REFERRED B Y COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees
1. Mayor Mei opened consideration of MAYOR MEI REFERRAL: Appointments to Advisory Body
APPOINTMENTS:
Advisory Body Appointee Term Expires
Recreation Commission R y a n D e n n i s 1 2 / 3 1 /2027
Recreation Commission A m a r T i w a r i 1 2 / 3 1 /2025
*Consent Items
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council approved appointments.
Ayes: Mayor Mei, Vice Mayor S hao, Councilmembers: Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Councilmember Ken
g
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 10:25 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
APRIL 9, 2024
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
1. PRELIMINARY
A. Call to Order: Mayor Mei called the mee ting to order at 7:02 p.m.
B. Flag Salute: Vice Mayor Shao 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 Vice Mayor Shao, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, an
d Cox
Noes: None
Absent: None
A
bstain: None
* B. Mayor Mei opened consideration of Approval of Minutes
This item was removed from the Consent Calendar.
On a motion by Councilmember Campbell, seconded by Councilmember Salwan, the City Council approved minutes for the Special Meeting of March 4, 2024, the Regular Meeting of March 5, 2024, and the Regular Meeting of March 19, 2024
*Consent Items
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
A
bstain: Vice Ma yor Shao
* C. Mayor Mei opened consideration of a Second Reading and Ado ption of an Ordinance Amending Section 10.05.630 of the Fremont Municipal Code to Update City Parking Regulations (Assembly Bill 413 (AB 413), which is also referred to as the “daylighting” law)
On a motion by Councilmember Cox, seconded by Vice Mayor Shao, the City Council adopted Ordinance No. 03-2024 amending Section 10.05.630 of the Fremont Municipal Code to update parking regulations.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
A
bstain: None
* D. Mayor Mei opened consideration of Approval to Adopt a Reso lution of Intention Declaring the Intent to Levy and Collect Assessment for Fremont Landscaping Assessment District 88 for Fiscal Year 2024/25 (Proposed Annual Assessment)
This item was removed from the Consent Calendar.
On a motion by Councilmember Cox, seconded by Vice Mayor Shao, the City Council:
1. Adopted Resolution No. 2024-11 or dering the preparation and filing of the annual Engineer’s Report for Landscaping Assessment District 88 for Fiscal Year 2024/25.
2. Adopted Resolution No. 2024-12 s tating the intent of the City Council of the City of Fremont to levy and collect assessments for Fremont Landscaping Assessment District 88 for Fiscal Year 2024/25.
Ayes: Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, an
d Cox
Noes: None
Absent: None
A
bstain: Ma yor Mei and Councilmember Salwan (property interest)
*Consent Items
* E. Mayor Mei opened considera tion of Approval to Introduce an Ordinance Amending Fremont Municipal Code Section 2.05.060, and Authorizing a Salary Increase for the Mayor and Council Members (Adjustment to the Salaries of the Mayor and Councilmembers)
This item was removed from the Consent Calendar.
On a motion by Councilmember Campbell, seconded by Councilmember Cox, the City Council introduced an ordinance 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
A
bstain: None
3. CEREMONIAL ITEMS
A. Arts, Culture and Creativity Month, April 2024
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
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.
The following persons commented: Cindy Bonior (Fremont Chamber of Commerce, President/CEO), Jasmine Basrai (Fremont Chamber of Commerce, Chair), John Schinkel- Kludjian (Fremont Chamber of Commerce, Board of Directors), Mubeen Quadri, and John Hinds (provided a handout).
5. SCHEDULED ITEMS – None.
6. OTHER BUSINESS
A. Mayor Mei opened considera tion of the 2023 Community Survey, Presented by FM3 Research
Curt Below, Partner & COO with Fairbank, Maslin, Maullin, Metz & Associates (FM3) presented a summary of the City’s 2023 community survey results. Mr. Below responded to questions from Councilmembers. Mayor Mei opened the public comment period. The
*Consent Items
following person commented: John Hinds. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by comments by Councilmembers.
The City Council accepted the presentation from FM3.
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 – None.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:40 p.m.
A t t e s t : A p p r o v e d :
_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r
*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 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 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, an
d Cox
Noes: None
Absent: None
A
bstain: None
* B. Approval of Minutes – None.
* C. Mayor Mei opened considera tion of Approval 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, an
d Cox
Noes: None
Absent: None
A
bstain: None
* D. Mayor Mei opened consideration of Approval of Agreements f or 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, an
d Cox
Noes: None
Absent: None
A
bstain: None
* E. Mayor Mei opened consideration of Approval to Amend Contra ct 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 exe mpt from review 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, an
d Cox
Noes: None
Absent: None
A
bstain: None
* F. Mayor Mei opened consideration to Approve a Professional S ervices 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, an
d Cox
Noes: None
Absent: None
A
bstain: None
*Consent Items
* G. Mayor Mei opened consideration of a Second Reading and Ado ption 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, an
d Cox
Noes: Councilmember Salwan
Absent: None
A
bstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Fair Housing Month, April 2024
B. Proclamation: National Vict ims’ Rights Week, April 21-27, 2024,
Victim/Witness Assistance Division, Alameda County District Attorney’s Office
C. Proclamation: 41st Annual Na tional 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 Public Hearing (Publish ed 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 Kassan. 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 an
d Cox
Absent: None
A
bstain: None
B. Mayor Mei opened consideration of a Public Hearing (Publish ed 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, an
d Kassan
Noes: Councilmembers: Salwan an d Cox
Absent: None
A
bstain: None
6. OTHER BUSINESS – None.
*Consent Items
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 10:45 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