Agenda packet, regular meeting — Fremont City Council, September 3, 2024

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Desrie Campbell, Vice Mayor
Teresa Keng, District 1
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5
Teresa Cox, District 6

City Staff

Karena Shackelford, City Manager
Rafael E. Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
Allen DeMers, Deputy City Manager

Kim Beranek, Community Services Director
Geneva Bosques, Communications and
Legislative Affairs Director
LaShawn Butler, Interim Maintenance
Operations Director
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Suzanne Shenfil, Human Services Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Fremont City Council Agenda and
Report
September 03, 2024

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)

2. Consent Calendar

3. Ceremonial Items

4. Public Communications

5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees

6. Other Business

7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments

8. Adjournment

Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and
information by staff followed by City Council questions and inquiries. The applicant, or their authorized
representative, or interested citizens, may they speak
on the item; each speaker may only speak once to each
item. At the close of public discussion, the item will be considered by the City Council and action taken. Items
on the agenda may be moved from the order listed.

Consent Calendar
Items on the Consent Calendar are considered to be
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
citizen so requests, in which case the item will be
removed from the Consent Calendar and considered
separately. Additionally, other items without a “Request to Speak – Speaker Card” card in opposition may be
added to the consent calendar. The City Attorney will
read the title of ordinances to be adopted.

Spoken Public Communications and/or
Public Comment is limited to speakers
attending the meeting in-person in
City Council Chambers.

Agenda and Report - Fremont City Council Meeting - September 03, 2024

September 3, 2024 Fremont City Council Page 2
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING.

The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which provides a link to the live stream; or, via Comcast Channel 27.

Please note at this time, Channel 27 is only available to Comcast cable subscribers. The public may also view the meeting via Zoom, or attend in-person in the Council Chamber. The lobby doors open approximately 15 minutes prior to the start of the meeting. The public is strongly encouraged but not required to wear masks.

Attending September 3, 2024 City Council meeting online via Zoom https://us06web.zoom.us/j/82211194585
Meeting ID: 822 1119 4585

Addressing the Council

Spoken Public Communications / Public Comment is limited to persons attending the Council Meeting in the City Council Chambers.

How to submit Public Communications / Public Comment by email prior to the meeting:

Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number & letter, and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number/letter, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit, submit the pdf formatted document(s) to the email above by the noted deadline.

Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

How to provide Spoken Public Comment during the meeting for items on the agenda:

Attend meeting in-person in the Council Chamber, fill out a “Request to Speak – Speaker Card” with the agenda item number & letter, and submit to the City Clerk. When the Mayor calls for the item on which you wish to speak, step to the podium to address the City Council. Please limit your remarks on matters related to the agency and to the time limit allotted.

How to provide Spoken Public Comment during the meeting for items not on the agenda (Oral Communications):

Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Attend the meeting in-person in the Council Chamber and submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor may limit the time allotted for public speakers, and each speaker may only address the Council once on each agenda item.

The City Council Agendas may be accessed online: https://www.fremont.gov/government/agenda-center

Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.

Information about the City or items scheduled on the Agenda and Report may be referred to:

Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact the City Clerk’s Office at (510) 284-4060 or [email protected] at least two working days prior to the meeting for assistance.

Your interest in the conduct of our City’s business is appreciated.

September 3, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
September 03, 2024
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. APPROVAL OF MINUTES – for the Regular Meeting of May 21, 2024, the Regular Meeting of June 4, 2024, the Special and Regular Meetings of June 11, 2024, the Special and Regular Meetings of June 18, 2024, the Special and Regular Meetings of July 9, 2024, the Special and Regular Meetings of July 16, 2024, and the Special Meeting of July 23, 2024 Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

RECOMMENDATION: Approve minutes.

C. REPORT OF ACTIONS TAKEN DURING COUNCIL RECESS - Report of Actions Taken by the City Manager during Council Recess, July 17, 2024 through September 2, 2024
Contact Persons:

Name: Susan Gauthier Allen DeMers
Title: City Clerk Deputy City Manager
Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-494-4651
E-Mail: [email protected] [email protected]

RECOMMENDATION: Receive report acknowledging actions taken by the City Manager or her designee during the recess.

September 3, 2024 Fremont City Council Page 4
D. CENTERVILLE COMMUNITY PARK RESTROOM AND UNDERGROUND
UTILITIES PROJECT (PWC8392) - Approve the Plans and Specifications; Award a Construction Contract to S&H Construction, Inc. for the Bid Amount of $848,595, plus a 20% Construction Contingency Amount of $169,719, for a Total Construction Contract Amount of $1,018,314, for the Centerville Community Park Restroom and Underground Utilities Project; and find that the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines.

Contact Persons:

Name: Rico Lardizabal Kim Beranek
Title: Associate Landscape
Architect
Community Services Director
Dept: Landscape Architecture Community Services
Phone: 510-494-4743 510-494-4330
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Find that the project is categorically exempt as a Class 1 facility (Replacement and Reconstruction of Existing Facilities) under Section 15302 of the Guidelines of the California Environmental Quality Act and that no further environmental review is required based on the Council’s prior approval of a mitigated negative declaration for the entire Centerville Community Park Project.

2. Approve the Plans and Specifications for the Centerville Community Park Restroom and Underground Utilities (PWC 8392B).

3. Accept the bid; award a construction contract; and authorize the City Manager or her designee to execute a contract for the Centerville Community Park Restroom and Underground Utilities Project with S&H Construction, Inc. for the amount of $848,595 and a 20% contingency amount of $169,719 for a total construction contract amount not to exceed $1,018,314.

E. AWARD A CONSTRUCTION CONTRACT FOR CENTRAL PARK EXERCISE EQUIPMENT AND PATHWAY AT EAST MEADOW PROJECT (PWC 8872 | 9000 | 9003) – Approve the Plans and Specifications; award a Construction Contract in the amount of $1,697,847 to Guerra Construction Group, plus a 15% Construction Contingency in the amount of $254,677 for a total construction contract amount of $1,952,524; and find the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Existing Facilities), 15304 (Minor Alterations to Land), Section 15303 (New Construction or Conversion of Small Structures), Section 15311 as a minor accessory structure appurtenant and Section 15183 (Projects Consistent with Community Plan or Zoning) per Environmental Impact Report SCH#2010082060.

Contact Persons:

Name: Jennie Suen Kim Beranek
Title: Landscape Architect II Community Services Director Dept: Landscape Architecture Community Services
Phone: 510-494-4744 510-494-4330
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Find the project to be categorically exempt under California Environmental Quality Act (CEQA) Guidelines Section 15301 - Existing Facilities, Section 15304 - Minor Alterations to land, Section 15303 – New Construction or Conversion to Small Structure, Section 15311 as a minor accessory structure to an existing facility, and Section 15138 – Projects Consistent with Community Plan or Zoning per Environmental Impact Report September 3, 2024 Fremont City Council Page 5
(SCH#2010082060) with Section 15162 and 15163 which require no subsequent or supplemental EIR.

2. Approve the plans and specifications for the Central Park Exercise Equipment and Pathway at East Meadow, PWC 8872, 9000 and 9003.

3. Accept the bid, award and authorize the City Manager or her designee to execute the construction contract to Guerra Construction Group for the Bid of $1,697,847, plus 15% contingency in the amount of $254,677, for a total construction contract amount of $1,952,524 for the Central Park Exercise Equipment and Pathway at East Meadow Project, PWC 8872, 9000 and 9003.

F. MENTAL HEALTH SERVICES AGREEMENTS - Authorization to Execute Agreement with Alameda County Behavioral Health and La Familia to provide Mental Health Services; and Making Findings of CEQA Exemption Contact Persons:

Name: Annie Bailey Christina Briggs
Title: Youth and Family Services
Administrator
Assistant City Manager
Dept: Human Services Department City Manager's Office
Phone: 510-574-2111 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATIONS: Authorize the City Manager or her designee to execute two FY 2024/25 agreements totaling $3,063,014 including:
a. an agreement with Alameda County Behavioral Health (ACBH), in the amount of $2,795,126; and
b. an agreement with La Familia, in the amount of $267,888 G. ALAMEDA COUNTY HOUSING COMMUNITY SUPPORTS AMENDMENT - Authorize the City Manager to Execute a Second Amendment to Provide Housing Transition Navigation and Housing Tenancy and Sustaining Services and Making Findings of CEQA Exemption
Contact Persons:

Name: Arquimides Caldera Christina Briggs
Title: Deputy Director of Human
Services
Assistant City Manager
Dept: Human Services Department City Manager's Office
Phone: 510-574-2056 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or her designee to execute a Second Amendment with Alameda County in an amount not to exceed $228,000 for the City to provide Housing Transition Navigation and Housing Tenancy and Sustaining Services.

2. Find that the action is exempt from CEQA pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), (4) and/or (5) and/or 15061(b)(3), each as a separate and independent basis for CEQA exemption, as it is a fiscal or administrative activity of a government agency that has no possibility, either directly or indirectly, to cause a significant effect on the environment.

September 3, 2024 Fremont City Council Page 6
H. AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENT WITH ABODE SERVICES - Authorize the City Manager to Execute an Agreement with Abode Services for Permanent Local Housing Allocation Funding for Sunrise Village Shelter and Associated Appropriation Actions Contact Persons:

Name: Robert Lopez Christina Briggs
Title: CDBG Administrator Assistant City Manager
Dept: Human Services Department City Manager's Office
Phone: 510-574-2043 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or her designee, to execute a two-year agreement with Abode Services to support the operation of the Sunrise Village Emergency Shelter, in an amount not to exceed $300,000; and appropriate $150,000 in Permanent Local Housing Allocation funding to Fund 190 in FY 2024/25.

I. FIRE STATIONS BACKUP GENERATOR REPLACEMENT PROJECT - Approval of Plans and Specifications; Award of Contract to James Day Construction, Inc., dba Coastal Mountain Electric in the Amount of $873,997.70 (including 15% Contingency) for the Fire Stations Nos. 4 & 10 Generator Replacement Project (PWC8393); Make Findings of CEQA Exemption Contact Persons:

Name: Adrian Simoes Hans Larsen
Title: Facilities Design & Constr.

Project Supervisor
Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4769 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the Fire Stations Nos. 4 and 10 Generator Replacement Project (PWC8393):

1. Approve Plans and Specifications for the project.

2. Accept the Bid and award the construction contract to the lowest responsive and responsible bidder, James Day Construction, Inc., dba Coastal Mountain Electric, in the amount of $759,998.00 and allocate a 15% contingency in the amount of $113,999.70 for a total construction contract amount of $873,997.70 and authorize the City Manager or designee to execute the contract.

3. Find the project is exempt from the CEQA review pursuant to CEQA Guidelines pertaining to the replacement of an existing generator system involving negligible or no expansion of capacity.

J. LAST MILE FEDERAL FUNDING ACCOUNT (FFA) GRANT FUNDS - Accept and Appropriate the Last Mile Federal Funding Account (FFA) Grant Funds in the amount of $7,690,056.20 for the City of Fremont Last Mile Broadband Project.

Contact Persons:

Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Dept: Information Technology
Services
Information Technology Services
Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]

September 3, 2024 Fremont City Council Page 7
RECOMMENDATIONS:

1. Accept the Last Mile Federal Funding Account Grant funding in the amount of $7,690,056.20.

2. Appropriate $7,690,056.20, as well as any additional supplemental funding, in the Federal Capital Grants Fund, PWC9118-522.

3. Authorize the City Manager or her designee to execute all necessary agreements and documents in connection with the grant award.

K. CITY OF UNION CITY JOINT POWERS AGREEMENT - Authorization to Execute Task Order to the Joint Powers Agreement with the City of Union City for FY 2024/25 Paratransit Services; and Making Findings of CEQA Exemption.

Contact Persons:

Name: Shawn Fong Christina Briggs
Title: Paratransit Program Manager Assistant City Manager Dept: Human Services Department City Manager's Office
Phone: 510-574-2033 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATIONS: Authorize the City Manager or her designee to execute Task Order No. 13 to the existing Joint Powers Agreement with the City of Union City for the provision of FY 2024/25 Wheelchair Accessible Van services to Fremont and Newark residents, in the amount not to exceed $400,000, and make a finding of CEQA exemption.

L. TRANSPORTATION SERVICES FOR OLDER ADULTS AND PEOPLE WITH DISABILITIES (RIDE-ON TRI-CITY!): Authorization to Execute Agreements with Alameda County Transportation Commission for Paratransit Discretionary Grant Program Funding; Authorization to Execute Agreement with Nomad Transit LLC (a subsidiary of Via Transportation, Inc.) for Ride- On Tri-City’s Wheelchair Accessible Van Service; and Making Findings of CEQA Exemption.

Contact Persons:

RECOMMENDATIONS:

1. Approve and authorize the City Manager to execute a five-year agreement (FY 2024-2029) with Alameda CTC for $875,000 for Ride-On Tri-City’s Mobility Management and Travel Training Program.

2. Approve and authorize the City Manager to execute a three-year agreement (FY 2024-2027) with Alameda CTC for $525,000 for Ride-On Tri-City’s On- Demand WAV Pilot Program.

3. Authorize the City Manager or her designee to execute an agreement with Nomad Transit LLC for the provision of Wheelchair Accessible Van services through June 30, 2027, in an amount not to exceed $2,560,000.

4. Make findings of CEQA exemption.

September 3, 2024 Fremont City Council Page 8
M. ALAMEDA COUNTY CONTRACT TO SUPPORT YOUTH AND FAMILY
OPPORTUNITY PROGRAMS - Approve and Authorize the City Manager to Execute a $203,211 Agreement for FY 2024/25 with Alameda County Health to Support Human Services Programs, including the Fremont Family Resource Center Family Support Services program and Youth and Family Services Division's Why Try Cognitive Behavioral Groups program and Appropriate Additional Funds; and Making Findings of CEQA Exemption Contact Persons:

Name: Alina Kwak Christina Briggs
Title: Family Resource Center
Administrator
Assistant City Manager
Dept: Human Services Department City Manager's Office
Phone: 510-574-2004 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or her designee to execute an agreement with Alameda County Health in the amount of $203,211, and appropriate an additional $9,201 to Fund 179 (Support Services – ACHCSA) to cover the agreement as described in the report.

N. AMENDMENT WITH KHIT CONSULTING FOR ELECTRONIC HEALTH RECORD SUPPORT - Amend Master Services Agreement with KHIT Consulting to further Assist in Optimizing New Electronic Health Record Database; and Making Findings of CEQA Exemption
Contact Persons:

Name: Marisha Engineer Christina Briggs
Title: Management Analyst I Assistant City Manager
Dept: Human Services Department City Manager's Office
Phone: 510-574-2087 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or her designee to amend the Master Services Agreement with KHIT Consulting, Inc. to increase the not-to- exceed amount by $226,325, for a new total not-to-exceed amount of $300,000 for the optimization of the HSD Netsmart MyEvolv electronic health record system.

O. AWARD A CONSTRUCTION CONTRACT FOR BOOSTER NEIGHBORHOOD PARK PLAYGROUND UPGRADES AND REPLACEMENT PROJECT (PWC 9051) - Approve Plans and Specifications for the project PWC 9051; Award a Construction Contract for the Bid Amount of $717,706 to Landscape Pros ML Inc. dba Construction Pros ML and Allocate a 10% Construction Contingency of $71,771 for a Total Contract Amount of $789,477 for the Booster Neighborhood Park Playground Upgrades and Replacement Project PWC 9051; and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15301, 15303, 15304, 15311, and 15183.

Contact Persons:

Name: Connie Chao Kim Beranek
Title: Landscape Designer II Community Services Director Dept: Landscape Architecture Community Services
Phone: 510-494-4742 510-494-4330
E-Mail: [email protected] [email protected]

September 3, 2024 Fremont City Council Page 9

RECOMMENDATIONS:

1. Approve the plans and specifications for the Booster Neighborhood Park Playground Upgrades and Replacement Project (PWC9051).

2. Accept the bid withdraw of Kerex Engineering, Inc. and accept the bid and award a construction contract to Landscape Pros ML Inc. dba Construction Pros ML for the Base Bid of $717,706 and allocate a 10% Construction Contingency amount of $71,771, for a total construction amount of $789,477.

3. Find that the project is exempt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, per Section 15301, as the project occurs within an existing area of an established park; Section 15303, as the utility extensions are minor modifications and are limited to relocation of drainage lines; Section 15304, as the project involves minor alterations to land; Section 15311, as the play equipment installation is a minor accessory structure appurtenant to an existing institutional facility; and Section 15183, as the project is consistent with the land use envisioned for the site as established by the General Plan.

P. FREMONT BOULEVARD MULTIMODAL CORRIDOR PROJECT - Approve a Professional Services Agreement with LCC Engineering & Surveying, Inc., in the Amount of $954,500.00 (Including 15% Contingency), for Design Services for the Fremont Boulevard Elevated Bikeway Improvement Project (PWC9100B); Appropriation Actions; and Make Findings of CEQA Exemption.

Contact Persons:

Name: Edelzar Garcia Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4781 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the Fremont Boulevard Elevated Bikeway Improvement Project (PWC9100B):

1. Authorize the City Manager or her designee to execute a Professional Services Agreement with LCC Engineering & Surveying, Inc., in an amount not to exceed $954,500 for design services.

2. Allocate $200,000 from unallocated Traffic Impact Fee fund balance – Fund 531 and appropriate it to PWC9100-531.

3. 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).

Q. REVISE MUNICIPAL CODE TO REFLECT IRS GUIDANCE ON DONATIONS - Introduce an Ordinance Amending Fremont Municipal Code Section

3.20.090(b) to Reflect Internal Revenue Service Guidance on Acknowledging Donations
Contact Persons:

Name: David Persselin
Title: Finance Director
Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]

RECOMMENDATION: Introduce an ordinance amending the Fremont Municipal Code to reflect IRS guidance on acknowledging donations.

September 3, 2024 Fremont City Council Page 10

3. Ceremonial Items
A. Proclamation: American Muslim Appreciation Month (August 2024)

4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items

6. Other Business
A. COUNCIL VACANCY - Consideration of Options for Filling a Vacant Council Seat
Contact Persons:

Name: Susan Gauthier Allen DeMers
Title: City Clerk Deputy City Manager
Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-494-4651
E-Mail: [email protected] [email protected]

RECOMMENDATION: Direct staff to carry out the City Council’s preferred method to fill the District 3 Council seat via appointment or special election. If the Council seeks to fill the seat via appointment, direct staff as to the preferred methodology of appointment.

7. Items Referred by Councilmembers
A. Councilmember Referrals

1. MAYOR MEI REFERRAL: Designation of League of California Cities Annual Conference Voting Delegate
Contact Persons:

Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

RECOMMENDATION: By motion, appoint Councilmember Raj Salwan as the City’s voting delegate for the League of California Cities Annual Conference and Mayor Lily Mei and Vice Mayor Desrie Campbell as the voting alternates.

2. COUNCILMEMBER SALWAN REFERRAL: Proposal for Addressing Retention and Staffing Challenges in the Fremont Police Department Contact Persons:

Name: Raj Salwan
Title: Councilmember
Dept: City Council
Phone: 510-284-4082
E-Mail: [email protected]
September 3, 2024 Fremont City Council Page 11

Requested Action:

Councilmembers are asked to consider and approve this proposal to address the urgent retention and recruitment challenges faced by the Fremont Police Department. These measures are crucial for ensuring that the department can continue to provide the level of public safety that the residents of Fremont expect and deserve.

As we take steps to support the Fremont Police Department and its officers, I am hopeful that the Fremont Police Association will also take proactive measures to improve morale within the department and assist with the critical tasks of recruitment and retention. Working together, we can ensure a strong and committed police force that effectively serves our community.

B. Appointments to Boards, Commissions, Committees

1. MAYOR MEI REFERRAL: Appointments to Advisory Bodies Contact Persons:

Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

APPOINTMENTS:

Advisory Body Appointees Terms Expire

Economic Development Advisory Commission Sainath Nagarajan 12/31/2027 At-Large Representative

Historical Architectural Review Board Naveen Govind 12/31/2027

Human Relations Commission Preeti Shukla 12/31/2025
Sarika Paralkar 12/31/2026

Mobility Commission Frank Poncino 12/31/2027
Bicycling Representative 2

Rent Review Board Dale Miller 12/31/2027
Landlord Representative

Rent Review Board Sunita Lodha 12/31/2027
Neutral Third Party - Alternate

Youth Advisory Commission Gavia Grewal 12/31/2025
Audrey Tong-Nomoto 12/31/2025
Tia Mehta 12/31/2024
Zimeng Wang 12/31/2025
Anagha Sainaith 12/31/2025
Aryav Dube 12/31/2024
Lemeng Kong 12/31/2024
Shamak Gowda 12/31/2024
Kaitlyn Huynh 12/31/2024
Maryam Wazwaz 12/31/2025

RECOMMENDATION: Approve appointments.

September 3, 2024 Fremont City Council Page 12

C. Legislative Actions
D. Report on Committee Assignments

8. Adjournment
September 3, 2024 Fremont City Council Page 13

ACRONYMS

ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET

Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program

ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment

September 3, 2024 Fremont City Council Page 14

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 September 3, 2024 7:00 p.m. City Council Meeting Council Chambers Live
September 10, 2024 7:00 p.m. City Council Meeting Council Chambers Live
September 17, 2024 7:00 p.m. City Council Meeting Council Chambers Live
September 24, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
October 1, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
Monday,
October 7, 2024 5:30 p.m. CC/FUSD Joint Meeting FUSD Hosts Live October 8, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
October 15, 2024 7:00 p.m. City Council Meeting Council Chambers Live
October 22, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
October 29, 2024 No 7PM City Council Meeting
(5th Tuesday)
November 5, 2024 7:00 p.m. City Council Meeting Council Chambers Live
November 12, 2024 7:00 p.m. City Council Meeting Council Chambers Live
November 19, 2024 7:00 p.m. City Council Meeting Council Chambers Live
November 26, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
December 3, 2024 7:00 p.m. City Council Meeting Council Chambers Live
December 10, 2024 7:00 p.m. City Council Meeting Council Chambers Live
December 17, 2024 7:00 p.m. City Council Meeting Council Chambers Live
December 24, 2024
CANCELLED: CC/FUSD
Liaison Committee Meeting
(Observed Holiday)

Fremont City Council Meeting: 09/03/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5225) DOC ID: 5225
Updated: 8/17/2024 11:56 AM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Regular Meeting of May 21, 2024, the Regular Meeting of June 4, 2024, the Special and Regular Meetings of June 11, 2024, the Special and Regular Meetings of June 18, 2024, the Special and Regular Meetings of July 9, 2024, the Special and Regular Meetings of July 16, 2024, and the Special Meeting of July 23, 2024
Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Div/Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

APPROVAL OF MINUTES – for the Regular Meeting of May 21, 2024, the Regular Meeting of June 4, 2024, the Special and Regular Meetings of June 11, 2024, the Special and Regular Meetings of June 18, 2024, the Special and Regular Meetings of July 9, 2024, the Special and Regular Meetings of July 16, 2024, and the Special Meeting of July 23, 2024.

ATTACHMENTS:
• Draft Minutes

RECOMMENDATION: Approve minutes.

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MINUTES

FREMONT CITY COUNCIL MEETING
MAY 21, 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 Campbell led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Shao (via Zoom), Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox

D. Announcements by Mayor/City Manager

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 Councilmember Campbell, 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. Mayor Mei opened consideration of Approval of Minutes

On a motion by Councilmember Campbell, seconded by Councilmember Keng, the City Council approved minutes for the Regular Meeting of May 7, 2024, and the Regular Meeting of May 14, 2024.

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Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* C. Mayor Mei opened consideration to Approve a Professional S ervices Agreement with Park Engineering, Inc., in the Amount of $1,170,000 (Including 20% Contingency), for Construction Management Services for the Centerville Complete Streets Project (PWC8946); and Make Findings of CEQA Exemption.

On a motion by Councilmember Campbell, seconded by Councilmember Keng, the City Council approved the following actions related to the Centerville Complete Streets Project (PWC8946):

1. Authorize the City Manager or designee to execute a Professional Services Agreement with Park Engineering, Inc., in an amount not to exceed $1,170,000 for construction management services.

2. Find that the actions are exemp t 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, and Cox
Noes: None

Absent: None
Abstain: Councilmember Salwan (business/propert
y interest)

* D. Mayor Mei opened consideration to Authorize the City Manag er, or her Designee, to Issue a Purchase Order with Stommel Inc, dba LEHR in the amount not to exceed $714,727.23 for the Purchase of Panasonic Mobile Data Computers and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary.

This item was removed from the Consent Calendar. Staff responded to questions from Councilmember Campbell.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager, or her designee, to issue a purchase order to Stommel Inc, dba LEHR in the amount not-to-exceed $714,727.23 (including applicable sales tax and shipping charges) for the purchase of Panasonic mobile data computers, printers, and accessories and to execute any implementing documents and take any implementing actions as necessary.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

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* E. Mayor Mei opened consideration to Authorize the City Manag er, or her Designee, to Issue a Purchase Order to Eplus Technology, Inc., in the amount of $236,743.06 for the Purchase of an additional Appliance for the Rubrik Enterprise Backup and Recovery Solution. (City Backup and Recovery Solution)

On a motion by Councilmember Campbell, seconded by Councilmember Keng, the City Council authorized the City Manager, or her designee, to issue a purchase order to Eplus Technology, Inc. in the amount of $236,743.06 (including applicable sales tax and shipping charges) for the purchase of an additional appliance for the Rubrik Enterprise Backup and Recovery Solution and to execute any implementing documents and take any implementing actions as necessary.

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 Authorize the City Manag er to Execute a Purchase Order and Utilize the Sourcewell Contract with Golden State Fire Apparatus to Purchase a Pierce Hazardous Materials Vehicle

On a motion by Councilmember Campbell, seconded by Councilmember Keng, the City Council authorized the City Manager or designee to issue a purchase order to Golden State Fire Apparatus for a Pierce Hazardous Materials Vehicle in a total amount not to exceed $1,778,567 using the terms of the Sourcewell contract to be paid through the Fire Capital Replacement Fund (Fund 615).

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* G. Mayor Mei opened consideration of Approval to Accept and A ppropriate Grant Funds from the Safe Routes to BART Program in the Amount of $3,000,000 for the Fremont Boulevard Elevated Bikeway Project (PWC9100-B) Located in the Downtown Fremont Area; Make Finding of CEQA Exemption (Fremont Boulevard Multimodal Improvements)

On a motion by Councilmember Campbell, seconded by Councilmember Keng, the City Council approved of the following actions related to the Fremont Boulevard Elevated Bikeway Project (PWC9100-B):

1. Authorize the City Manager or designee to accept the SR2B grant and to execute any associated grant agreements or documents.

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2. Appropriate $3,000,000 in SR2B grant funds to PWC9100-571 (F remont Boulevard Elevated Bikeway Project).

3. Find the action is exempt from CEQA review per CEQA Guidelin es, section 15061 9(b)(3).

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* H. Mayor Mei opened considera tion of Approval to Authorize the City Manager to Execute a Purchase Order and Utilize the Sourcewell Contract with Polaris Sales Inc. to Purchase two Polaris Utility Terrain Vehicles (UTV)

On a motion by Councilmember Campbell, seconded by Councilmember Keng, the City Council authorized the City Manager or her designee to issue a purchase order to Polaris Sales for two UTV’s in a total amount not to exceed $111,057 using the terms of the Sourcewell contract to be paid through the Fire Capital Replacement Fund (Fund 615).

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

3. CEREMONIAL ITEMS

A. Certificates of Recognition: L eague of Women Voters – Youth Vote Movement

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 people commented: Ashwin Raghuraman, Emilio Garcia w/UA Local 342 (provided a handout), Hiu Ng, Ghada Srour Musselman, Brandon M. Evans w/IBEW Local 595 (provided a handout), Brian Werner w/Sheet Metal Workers Local 104, Dave Ohagin w/Sheet Metal Workers Local 104, and Shareen Ram w/AC Transit (provided a handout).

5. SCHEDULED ITEMS – None.

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6. OTHER BUSINESS

A. Mayor Mei opened consideration of a Union Sanitary District (USD) general update to Council including highlights of current initiatives. Presentation by USD General Manager Paul Eldredge

Union Sanitary District General Manager Paul Eldredge gave a presentation and responded to questions from Councilmembers. The City Council received the presentation and provided comments.

B. Mayor Mei opened consideration of a Presentation and Recomm ended Adoption of a Draft 5 Year Strategic Plan to Address Homelessness in Fremont (Homelessness Response Strategic Plan)

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.

Homeless Services Manager Laurie Flores, and Deputy City Manager Allen DeMers, shared a presentation, along with consultant Elaine de Coligny, with EdeColigny Consulting LLC. Staff responded to questions from Councilmembers. Mayor Mei opened the public comment period.

The following people commented: David Scandling (provided a handout, but left prior to speaking), Hiu Ng, ML Harris (Fremont for Everyone (FFE)), John Hinds, Kate Amon (FFE), Vivian Wan (CEO of Abode Services), Sandra Moore (FFE), Albert Tsui (provided a handout), Shailesh Dave, Shiv Kumar, Sathya Krishnamurthy spoke on behalf of wife Sheila Mani, Bhakti P., Zackary Tsui, Nadia Tsui, Indravardhan Shaktawat, Emma Li, Jason Chui, Hui Li, Tej, Khyati, UG, Minakshi, Chandra Wagh, Jhansi Kalapala, Anandha Ramamoorthy, Satyajit, Achintya, Ashish Swaroop, Sandya, Gowthana Raman, Golden Shao, and Piyush Thacker.

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 Salwan, seconded by Councilmember Campbell, the City Council received the report and adopted this Citywide Homelessness Response Plan.

Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: Vice Ma
yor Shao

Absent: None
Abstain: None

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals – None.

B. Appointments to Boards, Commissions, Committees – None.

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C. Legislative Actions – None.

D. Report on Committee Assignments – None.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 11:55 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

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MINUTES

FREMONT CITY COUNCIL MEETING
JUNE 4, 2024

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

TELECONFERENCE NOTICE

Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Councilmember Kassan from:

Hotel Revival
Lounge
101 W Monument St
Baltimore, MD 21201

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:00 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 / 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 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

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* B. Approval of Minutes – None.

* C. Mayor Mei opened consideration of Adopting a Resolution Ap proving a List of Projects for Funding by Revenues Authorized by the Road Repair and Accountability Act of 2017 (SB1) to Align with State Guidelines for Use of Funds; 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 2024/25 SB1 Project List:

1. Adopted Resolution No. 2024-22 Approving a List of Projects Funded by SB1, the Road Repair and Accountability Act for FY 2024/25.

2. Find that the actions are exempt from environmental review, each as a separate and independent basis for CEQA compliance, as an administrative and funding activity that will not result in direct or indirect physical changes in the environment (CEQA Guidelines Section 15378(b)), and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines Section 16061(b)(3)).

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 Amendment No. 2 to Expan ded Learning Opportunities Program Agreement Contract No. 23-0015 between the Fremont Unified School District and City of Fremont to extend the Program for an additional one-year academic period and summer programming for summer 2025

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council authorized the City Manager or her designee to execute Amendment No. 2 to Agreement No. 23-0015 with the Fremont Unified School District for partnership and services to extend the Expanded Learning Opportunity Program (ELO-P) for Transitional Kindergarten/Kindergarten for an additional academic year through 2025 and intersession ELO-P programming for summer 2025.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

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* E. Mayor Mei opened consideration of authorizing the purchase of four Pre-Fabricated Restrooms for Central Park and award a contract to the Public Restroom Company, Inc. (PRC) under SourceWell cooperative contract #081721, to design, fabricate, and deliver four restrooms for a contract amount not to exceed $2,361,381 (including a 10% contingency); and issue findings of CEQA compliance (PWC9089)

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:

1. Authorized the City Manager or her designee to execute an agreement with the Public Restroom Company through SourceWell Cooperative Contract #081721, to design, fabricate, and deliver four new pre-fabricated restrooms at Central Park (Tennis Center, Soccer, Lions Picnic Area, Babbling Brook) for a base amount of $2,146,710, plus a 10% contingency of $214,671, for a total contract amount of $2,361,381.

2. Found that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15307.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

3. CEREMONIAL ITEMS

A. Proclamation: Pride Month, June 2024

B. Certificate of Recognition: Second Annual Asian Heritage Festival

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 people commented: Ben Yee, Kelly Abreu, Gabriel Silva, Rocio Silva (with translation by Gabriel Silva), unknown speaker (with translation by Aurora Hernandez), Aurora Hernandez, J. Schwab, and Golden Shao.

There being no additional speakers, Mayor Mei closed the public comment period.

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5. SCHEDULED ITEMS

A. Mayor Mei opened consideration of a Public Hearing (Publish ed Notice) to adopt a resolution approving the Engineer's Report, Confirming Diagrams and Assessments, and approving the Levy of Annual Assessments for Fiscal Year 2024/25 for Fremont Landscaping Assessment District 88 for Fiscal Year 2024/25 On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council:

1. Held a public hearing.

2. Adopted Resolution No. 2024-23 approving the Engineer’s Report and diagrams and assessments and the levy of assessment for Fiscal Year 2024/25 for Fremont Landscaping Assessment District 88.

3. Found the project exempt under CEQA Guidelines Sections 15061(b)(3) and 15301.

Ayes: Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, and Cox
Noes: None

Absent: None
Recuse
d: Ma yor Mei, and Councilmember Salwan (property interest)

B. Mayor Mei opened consideration of a First Public Hearing (P ublished Notice) on FY 2024/25 Proposed Operating Budget

The City Council held a public hearing. Finance Director Dave Persselin was present for discussion on issues pertaining to the FY 2024/25 Proposed Operating Budget. No action taken.

Mayor Mei opened the public comment period. The following people commented: Kelly Abreu, Steve Skala, Joanne Schwab, anonymous speaker, and Golden Shao. There being no additional speakers, Mayor Mei closed the public comment period.

6. OTHER BUSINESS – None.

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals

1. COUNCILMEMBER KASSAN REFERRAL: Janitors – prevailing wage

Deputy Director of Maintenance & Business Operations Kelly King was present for discussion on the industry standard (Prevailing Wage) and a contracting policy covering employees servicing the City of Fremont.

Mayor Mei opened the public comment period. The following person commented: John Hinds.

There being no additional speakers, Mayor Mei closed the public comment period.

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On a motion by Councilmember Campbell, seconded by Councilmember Salwan, the City Council directed staff to develop a report addressing process and impacts of implementing both parts of the referral:

1. The industry standard (Prev ailing Wage) both under the current janitorial contract and under any future contracts; and

2. A contracting policy that incl udes a requirement, similar to that of other cities such as Mountain View and Palo Alto, that future bidders have a collective bargaining agreement covering employees servicing the City of Fremont.

A
yes: Councilmembers: Ken g, Campbell, Kassan, and Cox
Noes: Ma yor Mei, Vice Mayor Shao, and Councilmember Salwan

Absent: None
Abstain: None

B. Appointments to Boards, Commissions, Committees

1. Mayor Mei opened consideration of Mayor Mei Referral: Appointment to Advisory Body

APPOINTMENT:

Advisory Body Appointee Term Expires
George W. Patterson House Advisory Board Christina Schwandt East Bay Regional Park District Staff Member

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council approved appointment.

Ayes: Mayor Mei, Vice Mayor Shao, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

C. Legislative Actions – None.

D. Report on Committee Assignments

Councilmembers reported on their various meetings.

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8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:30 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ D i n a L e w i s , A s s i s t a n t C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL MEETING
JUNE 11, 2024

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
5:45 P.M.

TELECONFERENCE NOTICE

Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Councilmember Kassan from:

Hotel Revival
Lounge
101 W Monument St
Baltimore, MD 21201

Call to Order: Mayor Mei called the mee ting to order at 5:45 p.m.

Roll Call: Present: Mayor Mei, Councilme mbers: Keng, Campbell, Kassan, and Salwan.

Councilmember Cox arrived at 6:10 p.m.

Absent: Vice Mayor Shao

Public Comment: The following people commented: Kelly Abreu.

CONVENED TO A CLOSED SESSION at 5:51 p.m.

A. CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code 54957.6)

City Designated Representatives: Lily Mei, Mayor; Tina Gallegos, Human Resources Director

Unrepresented Employee: City Manager

B. CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code 54957.6)

City Designated Representatives: Lily Mei, Mayor; Tina Gallegos, Human Resources Director

Unrepresented Employee: City Attorney

C. CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code 54957.6)

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City Designated Representatives: Karena McGee Shackelford, City Manager; Rafael E. Alvarado, Jr., City Attorney; Brian Stott, Assistant City Manager; David Persselin, Finance Director; Tina Gallegos, Human Resources Director; Sean Washington, Police Chief; Elana Rivkin-Haas, Senior Deputy City Attorney

Organizations Representing Employees:
• City of Fremont Employee Association
• Operating Engineers Local Union 3
• Teamsters Local 856
• Fremont Police Association
• Fremont Police Managers’ Association
• Professional Engineers and Technicians Association
• Fremont Association of Management Employees
• Fremont Fire Fighters
• Fremont Fire Fighters Battalion Chiefs

D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:
(California Government Code 54956.9)

City Designated Representatives: Lily Mei, Mayor; Tina Gallegos, Human Resources Director

1. Jade Bello v. City of Fremont (Filed: 2024)
Alameda County Superior Court, Case No. 24CV060104

2. Marian Bennett v. City of Fremont (Filed: 2022)
Alameda County Superior Court, Case No. 22CV022263

3. Annabel Bobbitt et. al. v. City of Fremont (Filed: 2022) Alameda County Superior Court, Case No. 22CV020845

4. Stephanie Constancio v. City of Fremont (Filed: 2022) Alameda County Superior Court, Case No. 22CV021142

5. Sofia Florian v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV045305

6. Michael Foust v. Pacific Bell Telephone; City of Fremont (Filed: 2022) Alameda County Superior Court, Case No. 22CV013289

7. Esteban Garibay v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV050737

8. Michael Gebhardt v. City of Fremont (Filed: 2022)
Alameda County Superior Court, Case No. 22CV022860

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9. Daniel Geri v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV025575

10. Mary Hyde v. City of Fremont (Filed: 2022)
Alameda County Superior Court, Case No. 22CV010244

11. Kelly King v. National Railroad Passenger Corporation; City of Fremont (Filed: 2023) U.S. District Court, California Northern District, Case No. 3:23-cv-00230 AMO

12. Michael Knight, et al. v. Gourley; City of Fremont (Filed: 2022) Alameda County Superior Court, Case No. 22CV010431

13. Lorenzo Lamar v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV056454

14. Mary Manners v. City of Fremont (Filed: 2022)
Alameda County Superior Court, Case No. 22CV021879

15. Michael Olson v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV038889

16. Vincent Salih v. City of Fremont (Filed: 2023)
U.S. District Court, California Northern District, Case No. 3:23-cv-05108 LJC

17. Joanne Schwab v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV033845

18. Temple of 1001 Buddhas, MiaoLan Lee, et al. v. City of Fremont (Filed: 2021) U.S. District Court, California Northern District, Case No. 3:21-cv-04661 CRB; and Alameda County Superior Court, Case No. 21CV002808

19. Phoebe Walters v. City of Fremont (Filed 2023)
Alameda County Superior Court, Case No. 23CV046855

20. Yelena Zimon v. City of Fremont (Filed: 2021)
Alameda County Superior Court, Case No. 21CV002066

The Special Meeting of the Fremont City Council adjourned at 7:05 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ D i n a L e w i s , A s s i s t a n t C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL MEETING
JUNE 11, 2024

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

TELECONFERENCE NOTICE

Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Councilmember Kassan from:

Hotel Revival
Lounge
101 W Monument St
Baltimore, MD 21201

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:10 p.m.

B. Flag Salute: Councilmember Campbell led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Councilme mbers: 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.

City Manager Shackelford shared information regarding items of Council/community interest / introduced colleagues.

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, three cases, and took no reportable action. The Council also had a discussion regarding Conference with Legal Counsel regarding Existing Litigation pursuant to Government Code Section 54956.9, the 20 cases listed as part of the Biannual Litigation Update will be continued to a future date.

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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 Salwan, 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.

* C. Mayor Mei opened consideration of Approving Plans and Spec ifications; Award of Construction Contract to Silicon Valley Paving, Inc. in the Amount of $417,684.50 (includes 20% Contingency) for the City Hall Entryway Improvement Project (PWC9030B); Make Findings of CEQA Exemption

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council Approved the following actions related to the City Halll Entryway Improvement Project (PWC9030B):

1. Approved the plans and specifications for the project.

2. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Silicon Valley Paving, Inc., Inc. in the amount of $347,684.50 and allocate a 20% construction contingency in the amount of $70,000 for a total construction contract amount of $417,684.50 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, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: Vice Ma
yor Shao
Abstain: None

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* D. Mayor Mei opened consideration of Accepting and Authorizin g City Manager or her designee to execute grant agreements for $400,000 from Mr. Hemant Gupta and $250,000 From the Fremont Bank Foundation Toward the Construction and Maintenance of the new Rose Garden Project at California Nursery Historical Park, PWC8837C; Appropriate Donated Funds; Find the grant acceptance exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines sections: (1) 15162 and 15163, (2) 15304 and (3) 15378(b)

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:

1. Found that accepting grants to supplement the budget for the Rose Garden at the California Nursery is exempt from review under the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Sections 15162 and 15163, (2) CEQA Guidelines Section 15304 and (3) CEQA Guidelines Section 15378(b).

2. Authorized the City Manager or designee to accept the grant, execute an agreement with the Fremont Bank Foundation to grant $250,000 toward the construction and maintenance of roses at the Rose Garden at California Nursery Historical Park, and deposit and appropriate the donated funds to PWC8837-502.

3. Authorized the City Manager or designee to accept the grant, execute an agreement with Mr. Hemant K. Gupta to grant $400,000 toward the construction and maintenance of roses at the Rose Garden at California Nursery Historical Park, and deposit and appropriate the donated funds to PWC8837-502.

Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: Vice Ma
yor Shao
Abstain: None

* E. Mayor Mei opened considera tion of Approving the Plans and Specifications for the California Nursery Historical Park Entry Plaza Project, Award a Construction Contract to Silicon Valley Paving, Inc. for the Bid Amount of $1,917,330.50, plus a 15% Construction Contingency Amount of $287,600, for a Total Construction Contract Amount of $2,204,930.50 for the California Nursery Historical Park Entry Plaza Project, for which an Environmental Impact Report (EIR) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA)

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:

1. Found the project is consistent with the adopted California Nursery Historical Park Master Plan, for which an Environmental Impact Report (EIR) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).

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2. Approved the Plans and Specifications for the California Nursery Historical Park Entry Plaza (PWC8837C).

3. Accepted the bid, award a construction contract and authorize the City Manager or her designee to execute a contract for the California Nursery Historical Park Entry Plaza Project with Silicon Valley Paving, Inc. for the amount of $1,917,330.50 and a 15% contingency amount of $287,600 for a total construction contract amount not to exceed $2,204,930.50.

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 Approving Approve Specia l Event Sponsorship Awards for FY 2024/25

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council Allocate FY 2024/25 special event sponsorship awards to the thirteen eligible events as specified in this report.

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 Approving Amendment to M emorandum of Understanding with the Alameda County Waste Management Authority (StopWaste) to Extend Agreement Term and Fund Operational Costs of the Fremont Household Hazardous Waste Drop-Off Facility Through June 30, 2029 and Making Findings of CEQA Exemption

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council Authorized the City Manager or her designee to execute an amendment to the Memorandum of Understanding for Household Hazardous Waste Services with the Alameda County Waste Management Authority (StopWaste) as described in the staff report and take all reasonable actions necessary and appropriate to implement same.

Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: Vice Ma
yor Shao
Abstain: None

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* H. Mayor Mei opened consideration of Approving Release of Cov enant Relating to Use of Lots 2 & 3 of Parcel Map 3503 for Property Owned by Good Shepherd Residences, Inc., and Making Findings of CEQA Exemption

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council Found that the release of the restrictive covenant is exempt from CEQA, review and approved the Release of Covenant related to Parcel Map 3503 for property owned by Good Shepherd Residences, Inc., and authorized the City Manager or her designee to sign a Release of Covenant substantially in the form as the attachment to the staff report, and to take all steps necessary and appropriate to implement the same.

Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: Vice Ma
yor Shao
Abstain: None

* I. Mayor Mei opened consideration of Authorized the City Mana ger, or her Designee, to Renew Agreement and Issue Purchase Orders with Active Network, LLC, (Active) for the Annual Software Support, Subscription, and Maintenance of the Web-based Solution

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council Authorized the City Manager, or her designee, to issue a purchase order and execute implementing and amending documents with Active Network LLC, for the Annual Software Support, Subscription, and Maintenance of the Active Net Web-based Solution in an amount not-to-exceed $305,000 for a five-year term.

Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: Vice Ma
yor Shao
Abstain: None

* J. Mayor Mei opened consideration of Annual Approval of Inves tment Policy and Delegation of Authority to City Treasurer to Manage Investment

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council Adopted Resolution No. 2024-24 approving the City’s Investment Policy for FY 2024/25 and delegating the City Council’s authority to invest and reinvest public funds, and to sell or exchange securities so purchased, to the Finance Director/Treasurer for one year or until earlier revoked by the City Council.

Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: Vice Ma
yor Shao
Abstain: None

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* K. Mayor Mei opened consideration of Approving a Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc., in the Amount of $475,387 (including 20% contingency), for Design Services for the Paseo Padre Parkway Complete Street Project (PWC9092); Make Findings of CEQA Exemption

This item was removed from the Consent Calendar. Mayor Mei opened the Public Comment period. The following persons commented: John Hinds and Kelly Abreu. There being no additional speakers, Mayor Mei closed the Public Comment period.

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council Approved the following actions related to the Paseo Padre Parkway Complete Street Project (PWC9092):

1. Authorize the City Manager or her designee to execute a Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, in an amount not to exceed $475,387 for design services.

2. 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). Environmental review will be conducted as part of the project environmental clearance process, as appropriate.

Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None

Absent: Vice Ma
yor Shao
Abstain: None

3. CEREMONIAL ITEMS
A. Proclamation: National Gun Violence Awareness Day (First Day of June) B. Resolution: Honoring Parks Planning and Design Manager Roger Ravenstad for Twenty-Six Years of Service Upon his Retirement

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

The following persons commented: John Hinds, Judy Lam, Lisa Lorenz, Dr. Carlos Hernandez, and Kelly Abreu.

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5. SCHEDULED ITEMS

A. Mayor Mei opened consideration of Conducting a Second Publi c Hearing (Published Notice) and Adopt Resolutions Adopting FY 2024/25 Operating Budget and Establishing Appropriations Limits

Finance Director/Treasurer David Persselin was present for discussion on the proposed operating budget for FY 2024/25 and an appropriations limit for FY 2024/25. 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. Staff responded to questions from Councilmembers. Councilmembers provided comments.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:

1. Held a public hearing on the proposed operating budget for FY 2024/25.

2. Adopted Resolution No. 2024-25 approving the City of Fremont FY 2024/25 Operating Budget.

3. Adopted Resolution No. 2024-26 creating an appropriations limit of $945,113,316 for FY 2024/25.

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 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 8:20 p.m.

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_____________________________ ___________________________ D i n a L e w i s , A s s i s t a n t C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
JUNE 18, 2024

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
5:45 PM

Call to Order: Mayor Mei called the mee ting to order at 5:45 p.m.

Roll Call: Present: Mayor Mei, Councilme mbers: Keng, Campbell, Kassan, Salwan Councilmember Cox arrived at 5:56 p.m.

Absent: Vice Mayor Shao

Public Comment: None.

CONVENED TO A CLOSED SESSION at 5:46 p.m.

A. CONFERENCE WITH LABOR NEGOTIATOR :
(California Government Code 54957.6)

Organizations Representing Employees:
• City of Fremont Emp loyee Association
• Operating Engineers Local Union 3
• Teamsters Local 856
• Fremont Police Association
• Fremont Police Managers’ Association
• Professional Engineers a nd Technicians Association
• Fremont Association of M anagement Employees
• Fremont Fire Fighters
• Fremont Fire Fighters Battalion Chiefs

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:
(Government Code Section 54956.9)
Bi-Annual Litigation Update

1. Jade Bello v. City of Fremont (Filed: 2024)
Alameda County Superior Court, Case No. 24CV060104

2. Marian Bennett v. City of Fremont (Filed: 2022)
Alameda County Superior Court, Case No. 22CV022263

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