*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
JUNE 18, 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 7:05 p.m.
B. Flag Salute: Councilmember Salwan led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Absent: Vice Mayor Shao
D. Announcements by Mayor/City Manager/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
Assistant City Manager Briggs introduced staff.
E. Report Out of Closed Session
City Attorney Rafael Alvarado, Jr. reported that the Council conducted a conference in Closed Session this evening. The Council discussed Conference with Labor Negotiators pursuant to Government Code Section 54957.6; and Conference with Legal Counsel for Existing Litigation of 20 Cases listed as part of the Biannual Litigation Update, pursuant to Government Code Section 54956.9. The Council 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 Salwan, seconded by Councilmember Cox, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* B. Approval of Minutes – None.
*Consent Items
* C. Mayor Mei opened consideration of Review Conflict of Interest Code and Authorize the Execution of the Biennial Review Notice
This item was removed from the Consent Calendar. Mayor Mei opened the Public Comment period. There being no speakers, Mayor Mei closed the Public Comment period.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council Directed staff to review the conflict of interest code and authorized execution of the Biennial Review Notice regarding whether amendments are required, not later than September 17, 2024.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* D. Mayor Mei opened consideration of Author ization to Execute a Task Order to the Joint Powers Agreement with Fremont Unified School District. Task Order HSD-19 for the Provision of Mental Health Services at Four Fremont Unified School District School Wellness Centers for the FY 24-25 School Year and Make Findings of CEQA Exemption.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council Authorized the City Manager, or her designee, to execute Task Order HSD-19 to the Joint Powers Agreement with Fremont Unified School District, in an amount not to exceed $466,491, for the Youth and Family Services Division of the Human Services Department to provide school-based Wellness Center mental health services for the 2024-2025 school year and making findings of CEQA exemption.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma yor Shao
Abstain: None
* E. Mayor Mei opened consideration of Make Findings of CEQA Exemption for the Fiber Optic Communication Redundancy Project (PWC9115)
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council Found that this Project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (repair, maintenance, or minor alteration of existing facilities involving no or negligible expansion of use beyond that which presently exists); CEQA Guidelines Section 15303 (new construction or conversion of small facilities or structures); CEQA Guidelines 15304 (minor alterations to land involving minor trenching and backfilling).
*Consent Items
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* F. Mayor Mei opened consideration of Author izing the City Manager or her Designee to enter into an Agreement with Serological Research Institute in an amount not to exceed $700,000 over a five-year agreement term.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council Authorized the City Manager or her designee to enter into a service agreement with Serological Research Institute for a five-year term in an amount not to exceed $700,000.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* G. Mayor Mei opened consideration of Authoriz ation to execute a two-year service contract with Alameda County Probation Department for Programs Supporting At-Promise Youth and Families from FY 2024/25 through FY 2025/26.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council Authorized the City Manager or her designee to execute a two-year agreement in the amount of $1,124,189 with Alameda County to provide Youth Service Center services for at-promise youth and families in Fremont and Newark.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Recognizing July as Park and Recreation Month B. Proclamation: Recognizing June 19, 2024 as Juneteenth 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.
*Consent Items
Mayor Mei opened the public comment period. The following people commented: Felix Lechner and Kelly Abreu. There being no additional speakers, Mayor Mei closed the Public Comment period.
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of Re ferral from the Environmental Sustainability Commission: Resolution Requesting Ava Community Energy to Enroll All Residential, Commercial, and Industrial Accounts in Renewable 100 (100% California-Based Wind and Solar) Electricity Service, with the Exception of Those Participating in Medical Baseline, California Alternative Rates for Energy (CARE), Family Electric Rate Assistance (FERA), Direct Access Electric Service Programs, or Those Who Have Previously Opted to a Specific Ava Service Level or Opted Out of Ava Service; Determine that Action is Exempt from CEQA.
Community Development Director Dan Schoenholz, Environmental Specialist II Allyn McAuley, and AVA Public Engagement Manager Alex DiGiorno were present for discussion on the Referral from the Environmental Sustainability Commission.
Mayor Mei opened the public comment period. The following person commented: Kelly Abreu. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Kassan, seconded by Councilmember Salwan, the City Council:
1. Adopted Resolution No. 2024-27 choosing Ava’s Renewable 100 service level as the default for all Fremont electric energy accounts effective March 2025, except for the following categories:
Medical Baseline Service;
California Alternate Rates for Energy (CARE);
Family Electric Rate Assistance (FERA);
Direct Access Electric Service; and
Those who have already opted out of Ava service or elected a specific Ava service.
Directed staff to include an acknowledgement in the resolution that the Ava Board of Directors has final decision-making authority regarding changes to default service and affirm that a phased implementation over two years (2025 and 2026), while not the preferred option, is acceptable to the City if selected by the Ava Board.
2. Found the proposed action exempt from CEQA under guidelines 15378(b)(3), (4) &/or (5); 15273(a)(2); 15183; and/or 15061(b)(3); as detailed in the staff report.
*Consent Items
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
Mayor Mei called for a brief recess at 8:27 p.m. and reconvened at 8:39 p.m.
B. Mayor Mei opened consideration of Public Hearing (Published Notice) On the Allocation of Federal Community Development Block Grant FY 2024/25 Funds, Amending the FY 2024/25 Action Plan, and Final Approval of CDBG Funding Recommendations; Adopting a Resolution Approving the FY 2024/25 Annual Action Plan; and Authorizing the City Manager to Execute Agreements with the U.S. Department of Housing and Urban Development and CDBG Grantees and Programs
CDBG Administrator Rober Lopez was present for discussion on the Allocation of Federal Community Development Block Grant FY 2024/25 Funds.
Mayor Mei opened the public comment period. There being no speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:
1. Held a public hearing on the proposed amendments and final CDBG funding recommendations for the FY 2024/25 Action Plan
2. Adopted Resolution No. 2024-28 approving the following actions:
a. Approved and authorized the City Manager or designee to amend the FY 2024/25 Action Plans as described in this staff report.
b. Approved the FY 2024-25 CDBG Program Final Statement of Community Development Objectives and Use of Funds, and the FY 2024/25 Annual Action Plan. c. Authorized the City Manager or her designee to enter into agreements with HUD and nonprofit grantees.
d. Appropriated an additional $40,037 to Fund 105 (CDBG). e. Appropriated an additional $7,250 to Fund 191 (ESG).
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
*Consent Items
C. Mayor Mei opened consideration of Pub lic Hearing (Published Notice) to consider an Uncodified Urgency Ordinance to Temporarily Allow Pad-Mounted Transformers to be Installed for Specified Development Projects in Residential Districts Pursuant to Government Code Section 36934 and 36937, to Take Effect Immediately Upon a Finding and Declaration that it is Required for the Immediate Preservation of the Public Peace, Health or Safety, and Passed by a Four-Fifths Vote of the City Council and Making Findings of CEQA Exemption
Planning Manger Joel Pullen and Principal Civil Engineer Anne Quasarano were present for discussion on the Uncodified Urgency Ordinance to Temporarily Allow Pad-Mounted Transformers to be Installed for Specified Development Projects in Residential Districts.
Mayor Mei opened the public comment period. The following persons commented: Steve Skala and Kelly Abreu. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council:
1. Adopted an urgency ordinance to temporarily allow pad-mounted transformers to be installed for specified development projects in residential districts, until June 18, 2026.
2. Found this urgency ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines §15061(b)(3) [Review for Exemption] in that it can be seen with certainty that there is no possibility that the proposed text amendments would have the potential for causing a significant effect on the environment, §15301 [existing facilities] in that the actions herein relate to individual projects otherwise already approved by the city and subject to standard building permitting, including for electrical service, and §15303 [small structures] in that the temporary allowance for pad-mounted utility transformers in safe and screened locations above ground in front yards within existing residential districts does not otherwise have the potential to cause a significant impact on the environment.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
6. OTHER BUSINESS – None.
7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees – None.
*Consent Items
C. Legislative Actions – None.
D. Report on Committee Assignments – None.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:07 p.m.
Attest: Approved:
_____________________________ ___________________________ Dina Lewis, Assistant City Clerk LILY MEI, Mayor