*Consent Items
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.
*Consent Items
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
*Consent Items
* 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.
*Consent Items
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.
*Consent Items
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.
*Consent Items
C. Legislative Actions – None.
D. Report on Committee Assignments – None.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 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
*Consent Items
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
*Consent Items
* 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
*Consent Items
* 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.
*Consent Items
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.
*Consent Items
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.
*Consent Items
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
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)
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
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
*Consent Items
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.
*Consent Items
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
*Consent Items
* 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).
*Consent Items
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
*Consent Items
* 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
*Consent Items
* 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.
*Consent Items
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.
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
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)
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 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
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
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 6:58 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
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
DATE
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 7:05 p.m.
B. Flag Salute: Councilmember Salwan 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.
Assistant City Manager Briggs introduced staff.
E. Report Out of Closed Session
City Attorney Rafael Alvarado, Jr. reported that the Council conducted a conference in Closed Session this evening. The Council discussed Conference with Labor Negotiators pursuant to Government Code Section 54957.6; and Conference with Legal Counsel for Existing Litigation of 20 Cases listed as part of the Biannual Litigation Update, pursuant to Government Code Section 54956.9. The Council took no reportable action.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* B. Approval of Minutes – None.
*Consent Items
* C. Mayor Mei opened consideration of Review Conflict of Inter est Code and Authorize the Execution of the Biennial Review Notice
This item was removed from the Consent Calendar. Mayor Mei opened the Public Comment period. There being no speakers, Mayor Mei closed the Public Comment period.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council Directed staff to review the conflict of interest code and authorized execution of the Biennial Review Notice regarding whether amendments are required, not later than September 17, 2024.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* D. Mayor Mei opened considerati on of Authorization to Execute a Task Order to the Joint Powers Agreement with Fremont Unified School District. Task Order HSD-19 for the Provision of Mental Health Services at Four Fremont Unified School District School Wellness Centers for the FY 24-25 School Year and Make Findings of CEQA Exemption.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council Authorized the City Manager, or her designee, to execute Task Order HSD-19 to the Joint Powers Agreement with Fremont Unified School District, in an amount not to exceed $466,491, for the Youth and Family Services Division of the Human Services Department to provide school-based Wellness Center mental health services for the 2024-2025 school year and making findings of CEQA exemption.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma yor Shao
Abstain: None
* E. Mayor Mei opened consideration of Make Findings of CEQA Ex emption for the Fiber Optic Communication Redundancy Project (PWC9115)
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council Found that this Project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (repair, maintenance, or minor alteration of existing facilities involving no or negligible expansion of use beyond that which presently exists); CEQA Guidelines Section 15303 (new construction or conversion of small facilities or structures); CEQA Guidelines 15304 (minor alterations to land involving minor trenching and backfilling).
*Consent Items
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* F. Mayor Mei opened considerati on of Authorizing the City Manager or her Designee to enter into an Agreement with Serological Research Institute in an amount not to exceed $700,000 over a five-year agreement term.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council Authorized the City Manager or her designee to enter into a service agreement with Serological Research Institute for a five-year term in an amount not to exceed $700,000.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* G. Mayor Mei opened consideration of Authorization to execute a two-year service contract with Alameda County Probation Department for Programs Supporting At-Promise Youth and Families from FY 2024/25 through FY 2025/26.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council Authorized the City Manager or her designee to execute a two-year agreement in the amount of $1,124,189 with Alameda County to provide Youth Service Center services for at-promise youth and families in Fremont and Newark.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Recognizing July as Park and Recreation Month B. Proclamation: Recognizing June 19, 2024 as Juneteenth 2024
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City’s Agenda Center on Fremont.gov, and were placed on file.
*Consent Items
Mayor Mei opened the public comment period. The following people commented: Felix Lechner and Kelly Abreu. There being no additional speakers, Mayor Mei closed the Public Comment period.
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of Referral from the Environ mental Sustainability Commission: Resolution Requesting Ava Community Energy to Enroll All Residential, Commercial, and Industrial Accounts in Renewable 100 (100% California-Based Wind and Solar) Electricity Service, with the Exception of Those Participating in Medical Baseline, California Alternative Rates for Energy (CARE), Family Electric Rate Assistance (FERA), Direct Access Electric Service Programs, or Those Who Have Previously Opted to a Specific Ava Service Level or Opted Out of Ava Service; Determine that Action is Exempt from CEQA.
Community Development Director Dan Schoenholz, Environmental Specialist II Allyn McAuley, and AVA Public Engagement Manager Alex DiGiorno were present for discussion on the Referral from the Environmental Sustainability Commission.
Mayor Mei opened the public comment period. The following person commented: Kelly Abreu. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Kassan, seconded by Councilmember Salwan, the City Council:
1. Adopted Resolution No. 2024-27 choosing Ava’s Renewable 100 service level as the default for all Fremont electric energy accounts effective March 2025, except for the following categories:
Medical Baseline Service;
California Alternate Rates for Energy (CARE);
Family Electric Rate Assistance (FERA);
Direct Access Electric Service; and
Those who have already opted out of Ava service or elected a specific Ava service.
Directed staff to include an acknowledgement in the resolution that the Ava Board of Directors has final decision-making authority regarding changes to default service and affirm that a phased implementation over two years (2025 and 2026), while not the preferred option, is acceptable to the City if selected by the Ava Board.
2. Found the proposed action exempt from CEQA under guidelines 15378(b)(3), (4) &/or (5); 15273(a)(2); 15183; and/or 15061(b)(3); as detailed in the staff report.
*Consent Items
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
Mayor Mei called for a brief recess at 8:27 p.m. and reconvened at 8:39 p.m.
B. Mayor Mei opened consideration of Public Hearing (Published Notice) On the Allocation of Federal Community Development Block Grant FY 2024/25 Funds, Amending the FY 2024/25 Action Plan, and Final Approval of CDBG Funding Recommendations; Adopting a Resolution Approving the FY 2024/25 Annual Action Plan; and Authorizing the City Manager to Execute Agreements with the U.S. Department of Housing and Urban Development and CDBG Grantees and Programs
CDBG Administrator Rober Lopez was present for discussion on the Allocation of Federal Community Development Block Grant FY 2024/25 Funds.
Mayor Mei opened the public comment period. There being no speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:
1. Held a public hearing on the proposed amendments and final CDBG funding recommendations for the FY 2024/25 Action Plan
2. Adopted Resolution No. 2024-28 approving the following actions:
a. Approved and authorized the City Manager or designee to amend the FY 2024/25 Action Plans as described in this staff report.
b. Approved the FY 2024-25 CDBG Program Final Statement of Community Development Objectives and Use of Funds, and the FY 2024/25 Annual Action Plan. c. Authorized the City Manager or her designee to enter into agreements with HUD and nonprofit grantees.
d. Appropriated an additional $40,037 to Fund 105 (CDBG). e. Appropriated an additional $7,250 to Fund 191 (ESG).
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
*Consent Items
C. Mayor Mei opened consideration of Public Hearing (Published Notice) to consider an Uncodified Urgency Ordinance to Temporarily Allow Pad-Mounted Transformers to be Installed for Specified Development Projects in Residential Districts Pursuant to Government Code Section 36934 and 36937, to Take Effect Immediately Upon a Finding and Declaration that it is Required for the Immediate Preservation of the Public Peace, Health or Safety, and Passed by a Four-Fifths Vote of the City Council and Making Findings of CEQA Exemption
Planning Manger Joel Pullen and Principal Civil Engineer Anne Quasarano were present for discussion on the Uncodified Urgency Ordinance to Temporarily Allow Pad-Mounted Transformers to be Installed for Specified Development Projects in Residential Districts.
Mayor Mei opened the public comment period. The following persons commented: Steve Skala and Kelly Abreu. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council:
1. Adopted an urgency ordinance to temporarily allow pad-mounted transformers to be installed for specified development projects in residential districts, until June 18, 2026.
2. Found this urgency ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines §15061(b)(3) [Review for Exemption] in that it can be seen with certainty that there is no possibility that the proposed text amendments would have the potential for causing a significant effect on the environment, §15301 [existing facilities] in that the actions herein relate to individual projects otherwise already approved by the city and subject to standard building permitting, including for electrical service, and §15303 [small structures] in that the temporary allowance for pad-mounted utility transformers in safe and screened locations above ground in front yards within existing residential districts does not otherwise have the potential to cause a significant impact on the environment.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
6. OTHER BUSINESS – None.
7. ITEMS REFERRED B Y COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees – None.
*Consent Items
C. Legislative Actions – None.
D. Report on Committee Assignments – None.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:07 p.m.
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
MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
JULY 9, 2024
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
6:15 PM
Call to Order: Mayor Mei called the mee ting to order at 6:15 p.m.
Roll Call: Present: Mayor Mei, Councilme mbers: Keng, Campbell, Kassan, and Salwan Councilmember Cox arrived at 6:30 p.m.
Absent: Vice Mayor Shao
Public Comment: None.
CONVENED TO A CLOSED SESSION at 6:15 p.m.
CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code 54957.6)
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
The Special Meeting of the Fremont City Council adjourned at 7:00 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
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
JULY 9, 2024
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
1. PRELIMINARY
A. Call to Order: Mayor Mei called the mee ting to order at 7:08 p.m.
B. Flag Salute: Councilmember Keng 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. The Council took no reportable action.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.
On a motion by Councilmember 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.
*Consent Items
* C. Mayor Mei opened considerati on of Authorization to Execute Agreement for Financial Audit Services with Macias Gini & O’Connell LLP
This item was removed from the Consent Calendar. Finance Director David Persselin was present via Zoom for discussion on Authorization to Execute Agreement for Financial Audit Services with Macias Gini & O’Connell LLP.
Mayor Mei opened the Public Comment period. The following people commented: John Hinds and Kelly Abreu. There being no additional speakers, Mayor Mei closed the Public Comment period.
On a motion by Councilmember Cox, seconded by Councilmember Campbell, the City Council authorized the City Manager or her designee to execute an agreement with MGO to provide financial audit services for fiscal years ending June 30, 2024, 2025, 2026, 2027 and 2028 at a total not-to-exceed amount of $831,075 for a term beginning in fiscal year 2023/24 and ending on June 30, 2029.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* D. Mayor Mei opened considerati on of Authorizing the City Manager to enter into an Agreement with Golden State Fire Apparatus for the Purchase of Three Type I Engines in the Amount of $3,708,551; Make Findings of CEQA Exemption.
This item was removed from the Consent Calendar. 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.
Fire Chief Zoraida Diaz was present for discussion on Authorizing the City Manager to enter into an Agreement with Golden State Fire Apparatus for the Purchase of Three Type I Engines.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council authorized the City Manager or her designee to issue a purchase order to Golden State Fire Apparatus for three Pierce Type I Fire Engines in a total amount not to exceed $3,708,551 using the terms of the Sourcewell contract, and find that the action is exempt from CEQA review per CEQA Guideline section 15378(b)(2) (administrative and funding activities of government).
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
*Consent Items
* E. Mayor Mei opened considerati on of Authorizing the City Manager to Enter into an Agreement with US Digital for the Purchase of a Fire Station Alerting System in the Amount of $1,536,914.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council authorized the City Manager or her designee to issue a purchase order to US Digital Designs for the purchase of a Phoenix GS Alerting System in a total amount not to exceed $1,536,914 using the terms of the NPPgov contract to be paid from the Fire Station Alerting System Project (PWC9098-501).
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
* F. Mayor Mei opened considerati on of Authorizing the City Manager to Issue a Purchase Order for Fire Protective Equipment to Municipal Emergency Services in an Amount Not to Exceed $125,000.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council authorized the City Manager to issue a purchase order to Municipal Emergency Services for personal protective equipment in an amount not to exceed $125,000 using the Sourcewell Cooperative Agreement, and find that the action is exempt from CEQA review per CEQA Guidelines, Section 15378(b)(2).
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 Authorizing the City Man ager to Execute a Service Agreement with the Hoffman Agency in an amount not to exceed $150,000 for Fiscal Year 2024/25.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager (or designee) to execute an agreement with the Hoffman Agency through June 30, 2025, in an amount not to exceed $150,000.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
*Consent Items
* H. Mayor Mei opened consideration of an Amendment to the Empl oyment Agreement between City Manager Karena McGee Shackelford and the City of Fremont.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council adopted attached Resolution No. 2024-29 and authorized the Mayor to execute the Fourth Amendment to the City Manager’s employment agreement which authorizes a four percent salary adjustment.
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 an Amendment to the Empl oyment Agreement between City Attorney Rafael E. Alvarado, Jr. and the City of Fremont.
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council adopted attached Resolution No. 2024-30 and authorize the Mayor to execute the Fourth Amendment to the City Attorney’s employment agreement which authorizes a four percent salary adjustment.
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 Authorizing Execution of Amendment Authorizing BLT Enterprises to Proceed with Design of Recycling Process Equipment Upgrades and Incorporate Enhanced Waste Diversion and Processing Services and Making 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 the Seventh Amendment to the Agreement between the City of Fremont and BLT Enterprises for Recyclables Diversion and Transfer Services (Solid Waste Transfer Agreement), take all reasonable actions necessary and appropriate to implement the same, and find the action is exempt from CEQA as specified in this Report.
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
*Consent Items
3. CEREMONIAL ITEMS – None.
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City’s Agenda Center on Fremont.gov, and were placed on file.
Mayor Mei opened the public comment period. The following persons commented: Nanette Mickelsen, Faith Kelly, Rebecca St. James, Randolph St. James, Wayne Hankins, Carol Criss, Mark Zulim, and John Hinds. There being no additional speakers, Mayor Mei closed the Public Comment period.
This ended the 30-minute time period for Oral Communications.
5. SCHEDULED ITEMS – None.
6. OTHER BUSINESS
A. Mayor Mei opened consideration of receiving a Presentation o n Status of the Central Park Community Center Project (PWC9087); Approving an Initial Construction Phase Based on Currently Secured Funding; and Making Findings of CEQA Exemption.
Community Services Director Kim Beranek, Public Works Director Hans Larsen and Dawn Merkes of Group 4 Architecture gave a presentation and responded to questions from Councilmembers.
Mayor Mei opened the Public Comment period. The following people commented: Kelly Abreu and Golden Shao. There being no additional speakers, Mayor Mei closed the Public Comment period.
On a motion by Councilmember Cox, seconded by Councilmember Campbell, the City Council approved the following actions related to the Central Park Community Center Project (PWC9087):
1. Received presentation on project status.
2. Approved an initial construction phase based on currently secured funding.
3. Found that the actions are exempt from environmental review as a separate and independent base for CEQA compliance, under CEQA Guidelines, Section 15061 (no possibility the activity may have significant effect on the environment) and Section 15378 (project planning is not a “project” under CEQA).
Ayes: Mayor Mei, Councilmembers: Keng, Campbell, Kassan, Salwan, and Cox
Noes: None
Absent: Vice Ma
yor Shao
Abstain: None
*Consent Items
7. ITEMS REFERRED B Y COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees – None.
C. Legislative Actions – None.
D. Report on Committee Assignments – None.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:01 p.m.
Attest: Approved:
_____________________________ ___________________________ Dina Lewis, Assistant City Clerk LILY MEI, Mayor
MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
JULY 16, 2024
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
6:00 PM
Call to Order: Mayor Mei called the mee ting to order at 6:01 p.m.
Roll Call: Present: Mayor Mei, Vice Mayor Shao, Councilmembers: Campbell, Kassan, and Salwan. Councilmember Keng arrived at 6:12 p.m. Councilmember Cox arrived at 6:23 p.m.
Public Comment: None.
CONVENED TO A CLOSED SESSION at 6:02 p.m.
A. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION:
Government Code Section 54956.9(d)
1. Annabel Bobbitt et. al. v. City of Fremont,
Alameda County Superior Court, Case No. 22CV020845
B. CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code 54957.6)
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
The Special Meeting of the Fremont City Council adjourned at 7:10 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
*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
MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
JULY 23, 2024
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
6:00 PM
Call to Order: Mayor Mei called the meeti ng to order at 6:00 p.m.
Roll Call: Present: Mayor Mei, Vice Mayor Ca mpbell, Councilmembers: Kassan, Shao, Salwan, and Cox
Absent: Councilmember Keng
Public Comment: None.
CONVENED TO A CLOSED SESSION at 6:01 p.m.
A. CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code 54957.6)
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
B. CONFERENCE WITH LEGAL CO UNSEL – PENDING LITIGATION:
Government Code Section 54956.9(d)
1. Michael Gebhardt v. City of Fremont (Filed: 2022)
Alameda County Superior Court, Case No. 22CV022860
The Special Meeting of the Fremont City Council adjourned at 7:05 p.m.
Attest: Approved:
_____________________________ ___________________________ Dina Lewis, Assistant City Clerk LILY MEI, Mayor