*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
SEPTEMBER 3, 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 7:01 p.m.
B. Flag Salute: Councilmember Keng led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, 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 and introduced colleagues.
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, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* B. Mayor Mei opened consideration of 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.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council approved minutes.
*Consent Items
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* C. Mayor Mei opened consideration of Repo rt of Actions Taken by the City Manager during Council Recess, July 17, 2024, through September 2, 2024.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council received report acknowledging actions taken by the City Manager or her designee during the recess.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* D. Mayor Mei opened consideration of Appr oving 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.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:
1. Found that the project is categorically exem pt 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. Approved the Plans and Speci fications for the Centerville Community Park Restroom and Underground Utilities (PWC 8392B).
3. Accepted the bid; award a construction contra ct; 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.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
*Consent Items
* E. Mayor Mei opened consideration of Appr oving 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.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:
1. Found 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 (SCH#2010082060) with Section 15162 and 15163 which require no subsequent or supplemental EIR.
2. Approved the plans and specifications for the Central Park Exercise Equipment and Pathway at East Meadow, PWC 8872, 9000 and 9003.
3. Accepted 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.
Ayes: Mayor Mei, Vice Mayor Campbe ll, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* F. Mayor Mei opened consideration of Auth orization to Execute Agreement with Alameda County Behavioral Health and La Familia to provide Mental Health Services; 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 two FY 2024/25 agreements totaling $3,063,014 including:
a. an agreement with Alameda County Beha vioral Health (ACBH), in the amount of $2,795,126; and
b. an agreement with La Familia, in the amount of $267,888.
Ayes: Mayor Mei, Vice Mayor Campbe ll, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
*Consent Items
* G. Mayor Mei opened consideration of Auth orizing 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. (Alameda County Community Supports Amendment)
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:
1. Authorized the City Manager or her de signee 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. Found 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.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* H. Mayor Mei opened consideration of Au thorizing the City Manager to Execute an Agreement with Abode Services for Permanent Local Housing Allocation Funding for Sunrise Village Shelter and Associated Appropriation Actions.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized 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.
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 Appr oval 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 Backup Generator Replacement Project (PWC8393); 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 Fire Stations Nos. 4 and 10 Generator Replacement Project (PWC8393):
*Consent Items
1. Approved Plans and Specifications for the project.
2. Accepted the Bid and award the constructi on 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. Found 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.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* J. Mayor Mei opened consideration of Accepti ng and Appropriating 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.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:
1. Accepted the Last Mile Federal Fundi ng Account Grant funding in the amount of $7,690,056.20.
2. Appropriated $7,690,056.20, as well as any a dditional supplemental funding, in the Federal Capital Grants Fund, PWC9118-522.
3. Authorized the City Manager or her design ee to execute all necessary agreements and documents in connection with the grant award.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* K. Mayor Mei opened consideration of Author ization 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.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized 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 made a finding of CEQA exemption.
*Consent Items
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* L. Mayor Mei opened consideration of Auth orization 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. (Transportation Services for Older Adults) On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:
1. Approved and authorized the City Mana ger 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. Approved and authorized the City Mana ger 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. Authorized the City Manager or her desi gnee 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. Made findings of CEQA exemption.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* M. Mayor Mei opened consideration of Appr oving and Authorizing 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. (Youth and Family Opportunity Programs) On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized 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.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
*Consent Items
* N. Mayor Mei opened consideration of Am ending Master Services Agreement with KHIT Consulting to further Assist in Optimizing New Electronic Health Record Database; 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 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.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* O. Mayor Mei opened consideration of Appr oving Plans and Specifications for the project PWC 9051; Awarding a Construction Contract for the Bid Amount of $717,706 to Landscape Pros ML Inc. dba Construction Pros ML and Allocating 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 finding that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15301, 15303, 15304, 15311, and 15183.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:
1. Approved the plans and specifications fo r the Booster Neighborhood Park Playground Upgrades and Replacement Project (PWC9051).
2. Accepted the bid withdraw of Kerex Engin eering, Inc. and accepted the bid and awarded a construction contract to Landscape Pros ML Inc. dba Construction Pros ML for the Base Bid of $717,706 and allocated a 10% Construction Contingency amount of $71,771, for a total construction amount of $789,477.
3. Found that the project is exempt from revi ew 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.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
*Consent Items
* P. Mayor Mei opened consideration of Appr oving 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.(Fremont Boulevard Multimodal Corridor Project) On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council Approved the following actions related to the Fremont Boulevard Elevated Bikeway Improvement Project (PWC9100B):
1. Authorized the City Manager or her de signee to execute a Professional Services Agreement with LCC Engineering & Surveying, Inc., in an amount not to exceed $954,500 for design services.
2. Allocated $200,000 from unallocated Traffi c Impact Fee fund balance – Fund 531 and appropriated it to PWC9100-531.
3. 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 Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* Q. Mayor Mei opened consideration of Approval to Revise Municipal Code to Reflect IRS Guidance on Acknowledging Donations (Fremont Municipal Code Section 3.20.090(b)) On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council introduced an ordinance amending the Fremont Municipal Code to reflect IRS guidance on acknowledging donations.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: American Muslim Appreciation Month (August 2024)
*Consent Items
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
Mayor Mei opened the public comment period. The following people commented: Zameel Imaduddin, Lee Stilwell, Diann Castleberry (representing AC Transit, provided a hand-out), Hiu Ng, Sai Nagarajan, Salim Mastan, Sarabdeep S. Gill, and Naseer Irfan. There being no additional speakers, Mayor Mei closed the public comment period.
5. SCHEDULED ITEMS – None.
6. OTHER BUSINESS
A. Mayor Mei opened consideration of Op tions for Filling a Vacant Council Seat.
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.
See Green Sheet on file regarding administrative correction to the Fiscal Impact of a special election, as noted in the staff report.
Mayor Mei opened the public comment period. The following people commented: Yonggang Zhang, Linda Dewlaney, Cyndy Mozzetti, Narda Mamou, John Hinds, Herbert Chiu, Vinita Verma, Henry Lian, and Hiu Ng. There being no additional speakers, Mayor Mei closed the public comment period. Staff responded to questions from Councilmembers. Councilmembers provided comment.
On a motion by Councilmember Salwan, seconded by Vice Mayor Campbell, the City Council approved inviting Kathryn Kimberlin, the second highest vote-getter from the 2022 District 3 election to the September 10, 2024, City Council Meeting for an interview and possible appointment to the District 3 seat.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Shao, Salwan, and Cox
Noes: Councilmember Kassan
Absent: None
Abstain: None
7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals
1. Mayor Mei opened consideration of Mayor Mei Referral: Designation of League of California Cities Annual Conference Voting Delegate
On a motion by Mayor Mei, seconded by Councilmember Shao, the City Council by motion, appointed Councilmember Raj Salwan as the City’s voting delegate for the League of
*Consent Items
California Cities Annual Conference and Mayor Lily Mei and Vice Mayor Desrie Campbell as the voting alternates.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
2. Mayor Mei opened consideration of Councilmember Salwan Referral : Proposal for Addressing Retention and Staffing Challenges in the Fremont Police Department
Councilmember Salwan introduced his referral, Mayor Mei opened the public comment period.
The following people commented: Alexander Gregory (President of the Fremont Police Association), Hiu Ng, Sai Nagarajan, Golden Shao, and John Hinds. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Salwan, seconded by Vice Mayor Campbell, the City Council directed staff to schedule and bring this proposal to a future closed session for further consideration, including retention and recruitment incentives.
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
1. Mayor Mei Opened for consideration of Mayor Mei Referral: Appointments and Reappointments to Advisory Bodies
Appointments:
Advisory Body Appointee Term Expires
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 Ponciano 12/31/2027
Bicycling Representative 2
*Consent Items
Advisory Body Appointee Term Expires
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
On a motion by Councilmember Cox, seconded by Councilmember Keng, the City Council approved appointments.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: Councilmember Kassan
C. Legislative Actions – None.
D. Report on Committee Assignments – None.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:55 p.m.
Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor