*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
JULY 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 7:17 p.m.
B. Flag Salute: Councilmember Salwan 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 shared information regarding items of Council/community interest.
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 Legal Counsel regarding Pending Litigation pursuant to Government Code Section 54956.9(d), case name Annabel Bobbitt et. al. v. City of Fremont, Alameda County Superior Court, Case No. 22CV020845; and took no reportable action. The Council also had a discussion with Labor Negotiator pursuant to Government Code Section 54957.6; and 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, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* B. Approval of Minutes – None.
*Consent Items
* C. Mayor Mei opened consideration of Select ion of the Vice Mayor for the Period Covering July 2024 through March 2025
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council by motion, appointed Councilmember Desrie Campbell as the Vice Mayor for the period covering July 2024 through March 2025.
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 Adopti ng a Resolution Delegating Authority to City Manager during City Council Recess, July 17, 2024 through September 2, 2024.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, including administrative corrections by memorandum (see Green Sheet), the City Council Adopted Resolution No. 2024-31 authorizing the City Manager or designee to take the following actions, as necessary, during the City Council recess period:
1. A. Authorized the City Manager or designee to execute a Master Service Agreement with Consultant 1 (not yet selected) for on-call utility location consultant services, in the amount not to exceed $1,250,000 for a five-year period
B. Authorize the City Manager or designee to execute a Master Service Agreement with Consultant 2 (not yet selected) for on-call utility location consultant services, in the amount not to exceed $1,250,000 for a five-year period.
2. Authorized the City Manager or designee to approve the Plans and Specifications, and accept the bid, award and execute the construction contract (including a 10% contingency) with the lowest responsive and responsible bidder. Lowest responsive and responsible bidder is TBD.
3. Authorized the City Manager or her designee to execute an agreement with Oracle America, Inc., for the annual software support and maintenance of the databases, PeopleSoft HR/Payroll system, and User Productivity Kit for one year and execute any implementing documents and take any necessary implementing actions in an amount not to exceed $385,281.68.
4. Authorized the City Manager or her designee to issue a purchase order to CentralSquare Technologies, LLC., in the amount of $298,707.31, to execute implementing documents for the annual software support and maintenance of the Tiburon CAD/RMS software system for one year.
5. Authorized the City Manager or her designee to issue purchase orders in the amount not to exceed $607,413 for Computer Equipment and Related Peripherals and Services to Participate in the Minnesota NASPO ValuePoint Master Agreement number 23026, State
*Consent Items
of California Participating Addendum number 7-23-70-55-01, with Dell Marketing L.P., and execute any implementing documents and take any necessary implementing actions, including the option to extend up to 36 months, upon agreement by both parties.
6. Authorized the City Manager or her designee to execute an agreement and issue purchase orders in the amount not to exceed $250,000 for Computer Equipment and Related Peripherals and Services to Participate in the Minnesota NASPO ValuePoint Master Agreement number 23015, with Microsoft Corporation and execute any implementing documents and take any necessary implementing actions, including the option to extend up to 36 months, upon agreement by both parties.
7. Authorized the City Manager or designee to participate in the National Cooperative Purchasing Alliance (NCPA) Master Agreement 01-164 with DLT Solutions, LLC//TD SYNNEX Public Sector, a division of TD SYNNEX Corporation, and issue purchase orders for Amazon Web Services (AWS) GovCloud storage in an amount not exceeding $168,000 annually, execute any implementing documents, and take any necessary implementing actions, including the option to extend up to 36 months, upon agreement by both parties.
8. Authorized the City Manager or her designee to execute an agreement with Environmental Systems Research Institute, Inc., for the annual software support and maintenance of the ESRI Small Government Enterprise Agreement Annual Subscription, execute any implementing documents, and take any necessary implementing actions, in an amount not to exceed $525,300 for a 3-Year term.
9. Authorized the City Manager or her designee to issue a purchase order to Saitech, Inc., for $120,742.10, for the purchase of Cisco Catalyst 9500 network switches awarded via BID 24-028, execute any implementing documents, and take any necessary implementing actions.
10. Authorized the City Manager or her designee to execute an agreement with Partner Vantage Point LLC (PartnerVP) and Halo Service Solutions Ltd, for the implementation and annual software support and maintenance of HaloITSM Solution, execute any implementing documents, and take any necessary implementing actions, in an amount not to exceed $533,368 for a 5-year term.
11. Authorized the City Manager or designee to approve the plans and specifications for the Booster Neighborhood Park Playground Upgrades and Replacement Project; and accept the bid, award a construction contract with the lowest responsive and responsible bidder.
Lowest responsive and responsible bidder is TBD.
12. Authorized the City Manager or designee to enter into an agreement with Tri-City Volunteers, in an amount not to exceed $143,270, effective July 1, 2024, through June 30, 2025.
13. Authorized the City Manager or designee to enter into an agreement with Abode Services, in an amount not to exceed $162,806, effective July 1,2024, through June 30, 2025.
*Consent Items
14. Authorized the City Manager or designee to enter into an agreement with Health Care Services Agency, in an amount not to exceed $199,245, effective July 1, 2024, through June 30, 2025.
15. Authorize the City Manager or designee to enter into a Task Order with Fremont Unified School District in an amount not to exceed $48,000 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 2024-2025 school year (August 14, 2024 through May 30, 2025). (green sheet correction)
16. Authorized the City Manager or designee to execute an amendment to the Master Contract with Alameda County Behavioral Health Care Services to provide outpatient substance use disorder treatment services to adolescents and transitional age youth/young adults. The term of the Amendment shall be from July 1, 2024 through June 30, 2027.
17. A. Authorized 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 2024/25 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 2024/25 paratransit services in an amount not to exceed $310,500.
18. Authorized the City Manager or designee to Execute a Memorandum of Understanding with the Alameda County Health for Fremont Human Services FY 2020/21 FY 2024/25Medi-Cal Administrative Activities. (green sheet correction)
19. Authorized the City Manager or designee to Execute an agreement with BACS for Fremont Homeless Wellness Center Services for FY 2024/25 and up to two additional years for a total of 3 service years.
20. Authorized the City Manager or designee to execute a service agreement with Zero Foodprint for the Compost Connector service in an amount not to exceed $200,000.
21. Authorized the City Manager or designee to execute a service agreement with Agromin for SB 1383 compost broker services in an amount not to exceed $200,000.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
*Consent Items
* E. Mayor Mei opened consideration of Adopti ng a Resolution Setting the Annual Tax Rate for Voter-Approved General Obligation Bonds Debt Service for Fiscal Year 2024/25 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 Councilmember Cox, the City Council Adopted Resolution No. 2024-32 to (1) establish the Fire Safety Project General Obligation Bonds tax rate of $0.0034 per $100 of assessed valuation (0.0034%) for Fiscal Year 2024/25, 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 Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* F. Mayor Mei opened consideration of Appr oval of Plans and Specifications; Award of Contract to Environmental Systems, Inc. (ESI) in the Amount of $1,752,600 (Including 15% Contingency) for the Police Department Chillers Replacement Project (PWC9097); Make Findings of CEQA Exemption.
This item was removed from the Consent Calendar.
Mayor Mei opened the Public Comment period. The following people commented: Jenna Daugherty, Steve Skala, Lisa Danz and Abe Mazlich. There being no additional speakers, Mayor Mei closed the Public Comment period.
Public Works Director Hans Larsen was present for discussion regarding the Police Building Air Conditioning System Replacement Project.
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council Approved the following actions related to the Fremont Police Department Chillers Replacement Project (PWC9097):
1. Approved Plans and Specifications for the project.
2. Accepted the Bid and awarded the construction contract to the lowest responsive and responsible bidder, Environmental Systems, Inc., in the amount of $1,524,000 and allocated a 15% contingency in the amount of $228,600 for a total construction contract amount of $1,752,600 and authorized the City Manager or designee to execute the contract.
3. Found the project is exempt from environmental review pursuant to CEQA Guidelines Section 15301(d) (restoration of deteriorated mechanical equipment).
*Consent Items
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* G. Mayor Mei opened consideration of Author izing the City Manager or her designee to enter into a service agreement with Deckard Technologies, Inc. to provide short term rental host compliance monitoring services for a term ending June 30, 2029, in an amount not-to-exceed $138,700.
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 Deckard Technologies, Inc. to provide host compliance monitoring services for a term ending June 30, 2029, in an amount not-to-exceed $138,700.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* H. Mayor Mei opened consideration of Appr oval of Purchase Orders through Cooperative Agreements with The Ford Store San Leandro for the Purchase of Ford Fleet Vehicles in an Amount Not to Exceed $2,305,000 and with National Auto Fleet Group for the Purchase of Various Make Vehicles in an Amount Not to Exceed $321,000; Make Findings of CEQA Exemptions.
This item was removed from the Consent Calendar.
Mayor Mei opened the Public Comment period. The following people commented: Steve Skala, Lisa Danz, Kelly Abreu and Abe Mazlich. There being no additional speakers, Mayor Mei closed the Public Comment period.
Deputy Director of Maintenance and Business Operations, Kelly King was present for discussion regarding the Purchase of Fleet Vehicles.
On a motion by Councilmember Cox, seconded by Councilmember Keng, 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 $2,305,000.
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 $321,000.
3. Found the proposed purchase is not 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
*Consent Items
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 Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* I. Mayor Mei opened consideration of Au thorizing the City Manager or Designee to Execute an On-Call Maintenance Service Agreement with Pitcher Services, LLC., In an Amount Not to Exceed $750,000.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council authorized the City Manager or her designee to execute a service agreement with Pitcher Services, LLC., for on-call water well maintenance services in an amount not to exceed $150,000 per year for the initial three-year term, with the option to extend the agreement for up to two additional one-year terms in an amount not to exceed $150,000 per year, for a total not- to-exceed amount of $750,000.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* J. Mayor Mei opened consideration of Approval of Agreements for On-Call Civil Design & Project Management Consulting Services in the Amount of $1,250,000 per Agreement with BKF Engineers, Consor North America, Inc., and Mark Thomas & Company, Inc.; 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 master service agreements with the following consultants:
1. BKF Engineers for On-Call Civil Design & Project Management Consultant Services for a total not-to-exceed amount of $1,250,000 for five years.
2. Consor North America, Inc. for On-Call Civil Design & Project Management Consultant Services for a total not-to-exceed compensation of $1,250,000 for five years.
3. Mark Thomas & Company, Inc. for On-Call Civil Design & Project Management Consultant Services for a total not-to-exceed compensation of $1,250,000 for five years.
4. Found that the actions are exempt from environmental review, each 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).
*Consent Items
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* K. Mayor Mei opened consideration of Authoriz ing City Manager or her designee to execute Amendment No. 1 to the Service Agreement with Partners in Communication LLC to increase the not to exceed amount to $130,000 and extend contract term through August 31, 2024.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council authorized the City Manager or her designee to execute Amendment No. 1 to Service Agreement 19-0248 with Partners in Communication LLC to increase the not-to-exceed compensation amount to $130,000 and extend the agreement through August 31, 2024.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* L. Mayor Mei opened consideration of Auth orizing the City Manager to Execute a Four- Year Lease Agreement with the State of California for a Total of 8,051 Square Feet of Office and Common Area Space for the Employment Development Department Located at the Family Resource Center.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council authorized the City Manager or her designee to execute a four-year lease agreement as described in this staff report with the State Department of General Services for a total of 8,051 square feet of office and common area space at the Fremont Family Resource Center for use by the State’s Employment Development Department office.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* M. Mayor Mei opened consideration of Accepting $4,098,000 in Grant Funds From the Metropolitan Transportation Commission’s (MTC) Housing Incentive Pool (HIP) Program; Adopt Resolution of Local Support and the Allocation of Funds to Planned Complete Street Projects Along Fremont Boulevard in the Centerville and Downtown Areas; Adopt Resolution of Compliance with State Housing Laws; Appropriation Actions; and Make Findings of CEQA Exemption.
*Consent Items
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved the following actions related to the proposed use of MTC/HIP grants:
1. Accepted grant funds in the amount of $4,098,000 and appropriate the funds to PWC9117- 522 (Fremont Boulevard Multimodal Corridor Program).
2. Adopted Resolution No. 2024-35 of local support authorizing the City Manager or designee to execute grant funding agreements and prepare any other documents required to implement said agreements with MTC.
3. Adopted Resolution No. 2024-36 of compliance with State housing laws including surplus lands, accessory dwelling units, density bonuses and housing elements.
4. Appropriated OBAG2 grant funds in the amount of $6,510,000 to PWC8946-522 (Centerville Complete Streets).
5. Found 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
* N. Mayor Mei opened consideration of Adopting a Resolution Authorizing the City Attorney to Execute a Proposition 218 Certification and Indemnification Agreement with the County of Alameda for the Collection of Taxes and Assessments for Fiscal Year 2024/25.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council adopted Resolution No. 2024-33 authorizing the City Attorney to execute a Proposition 218 Certification and Indemnification Agreement with the County of Alameda for the Collection of Taxes and Assessments for Fiscal Year 2024/25.
Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Resolution: Honoring Detective Michael Gebhardt for Twenty Years of Service
*Consent Items
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.
Mayor Mei opened the public comment period. The following persons commented: Sapna Protheroe, Lisa Danz, Ghada Christine Stour, and Kelly Abreu. There being no additional speakers, Mayor Mei closed the Public Comment period.
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of a P ublic Hearing (Published Notice) to Adopt a Resolution Amending the Master Fee Schedule to Update the Concealed Carry Weapon License Fee.
Mayor Mei opened the public comment period. There being no speakers, Mayor Mei closed the Public Comment period.
Management Analyst Diane Brasil and Police Lieutenant Bryce Loughery were present for discussion regarding the Master Fee Schedule Amendment for Concealed Carry Weapon Licenses.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:
1. Held a public hearing.
2. Found that amending the Master Fee Schedule is exempt from environmental review under the California Environmental Quality Act (CEQA), per CEQA Guidelines section 15378, as the action is an administrative fiscal activity and per CEQA Guidelines section 15061(b)(3) as the amended charges are not a project that requires environmental review.
3. Adopted Resolution No. 2024-34 amending the Master Fee Schedule for Concealed Carry Weapon (CCW) licenses as outlined in Resolution No. 2024-34.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
6. OTHER BUSINESS – None.
*Consent Items
7. ITEMS REFERRED BY COUNCILMEMBERS
A. Councilmember Referrals
1. COUNCILMEMBER SALWAN REFERRAL: Naming Alameda County Main Library in Fremont after Former Mayor Gus Morrison and Sunrise Village or Another Notable Affordable Housing Project after Former Assembly Member and Councilmember John A. Dutra.
Councilmember Salwan provided an overview. Mayor Mei opened the public comment period.
The following persons commented: Gloria Ritchie (allowed an extended time of five minutes), John Dutra, Kelly Abreu and Nicole Dutra Giannini. This was followed by a question-and- answer period among Councilmembers.
On a motion by Councilmember Salwan, seconded by Mayor Mei, the City Council:
1. Directed staff to work with Alameda County Supervisors David Haubert and Elisa Marquez and other county and Library management officials to assess the feasibility of naming the Alameda County Main Library in Fremont after former Mayor Gus Morrison.
2. Directed staff to approach Abode Services to assess the feasibility of renaming either the Sunrise Village emergency shelter or another notable affordable housing project in Fremont after former Assembly Member and Councilmember John A. Dutra.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Shao, Salwan, and Cox
Noes: Councilmember Kassan
Absent: None
Abstain: 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 9:00 p.m.
Attest: Approved:
_____________________________ ___________________________ Dina Lewis, Assistant City Clerk LILY MEI, Mayor