*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
OCTOBER 1, 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 Kimberlin led the salute to the flag.
C. Roll Call: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, 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.
E. Report Out of Closed Session
City Attorney Alvarado reported that Council conducted a conference in Closed Session this evening. The Council had a conference with labor negotiators pursuant to California Government Code Section 54957.6 regarding the union Fremont Police Association.
No reportable action was taken.
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, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* B. Approval of Minutes – None.
*Consent Items
* C. Mayor Mei opened consideration of Seco nd Reading and Adoption of an Ordinance of the City of Fremont Amending Fremont Municipal Code Title 15 and Title 2 to Create a Building Appeals Board.
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following people commented: John Weed and Kristin. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Councilmember Cox, seconded by Councilmember Kimberlin, the City Council adopted Ordinance No. 08-2024 amending Title 15 and Title 2 to the Fremont Municipal Code.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* D. Mayor Mei opened consideration of Appr oval of a Resolution Adopting the City of Fremont's Salary Schedule
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person commented: Kristin. 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 adopted Resolution No. 2024-39 approving the City of Fremont’s Salary Schedule as established by the City Manager.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* E. Mayor Mei opened consideration of Author izing the City Manager, or Her Designee to Execute a Multi-year Service Agreement with Partners in Communication, LLC, through June 30, 2029, in an amount not to exceed $300,000. (American Sign Language Interpreter Services)
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager or her designee to execute a multi-year service agreement with Partners in Communication, LLC, through June 30, 2029, in an amount not to exceed $300,000.
*Consent Items
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* F. Mayor Mei opened consideration of Authoriz ing the City Manager, or Designee, to issue a purchase order to Saitech Inc. in the amount of $197,699.77 for the purchase of Cisco FirePower 3140 and Catalyst 9300 network equipment. (City Network Infrastructure Upgrade)
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person commented: Kristin. 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 authorized the City Manager, or designee, to issue a purchase order to Saitech Inc. in the amount of $197,699.77 (including applicable sales tax and shipping charges) for the purchase of Cisco FirePower 3140 and Catalyst 9300 network equipment, execute any implementing documents, and take any implementing actions as necessary.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* G. Mayor Mei opened consideration of Approving a 3-year, not-to-exceed $2,500,000 contract for Homeless Encampment and Illegal Dumping Abatement Services with Art Cuevas Landscaping and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines 15304 (Minor Alterations to Land) and 15307 (Actions by Regulatory Agencies for Protection of Natural Resources).
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 that contains additional information not included with the staff report.
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person commented: Kristin. There being no additional speakers, Mayor Mei closed the public comment period.
On a motion by Vice Mayor Campbell, seconded by Councilmember Salwan, the City Council:
1. Found that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15304 (Minor Alterations to Land) and
*Consent Items
Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources).
2. Denied the bid protest submitted by Sharjo, LLC dba ServiceMaster Restoration Services regarding the non-compliance of Art Cuevas Landscaping with prevailing wage law.
3. Authorized the City Manager, or her designee, to execute a contract with Art Cuevas Landscaping for homeless encampment and illegal dumping abatement services from October 1, 2024, through June 30, 2025 in an amount not-to-exceed $2,500,000.
4. Appropriated $160,000 in the Integrated Waste Management Fund to the 2024/25 Disposal Differential Operating Budget.
5. Accepted a request for an annual update on contract performance on the City’s website.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Salwan, and Cox
Noes: Councilmember Shao
Absent: None
Abstain: None
* H. Mayor Mei opened consideration of Author izing the City Manager, or Her Designee, to enter into an Agreement, and to execute implementing documents with Granicus, LLC, for the RESPOND Constituent Relationship Management (CRM) Solution Renewal in an amount not to exceed $240,410.73 for a Three-Year term.
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person commented: Kristin, and Sai Nagarajan. 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 authorized the City Manager, or her designee, to enter into an Agreement, and to execute implementing documents with Granicus, LLC, for the RESPOND Constituent Relationship Management (CRM) Solution Renewal in an amount not to exceed $240,410.73 for a three- year term.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Salwan, and Cox
Noes: Councilmember Shao
Absent: None
Abstain: None
* I. Mayor Mei opened consideration of Appr oval of Plans and Specifications, and Award Contract to Smelly Mel’s Plumbing, Inc. in the amount of $142,200 (includes 20% Contingency) for the Aqua Adventure Water Park Sewer Pipe Replacement Project (PWC8501); Appropriation Action; and 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 Aqua Adventure Water Park Sewer Replacement Project (PWC8501):
*Consent Items
1. Approve the Plans and Specifications for the Aqua Adventure Water Park Sewer Replacement Project.
2. Reject James Day Construction, Inc.’s bid protest.
3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Smelly Mel’s Plumbing, Inc. in the amount of $118,500 and allocate a 20% contingency in the amount of $23,700 for a total construction contract amount of $142,200 and authorize the City Manager or designee to execute the contract.
4. Appropriate $72,200 from the Operating Improvement Reserve in the Recreation Cost Center Fund (Fund 189) to pay a portion of the project costs.
5. Find the project is exempt from CEQA review pursuant to CEQA Guidelines pertaining to the replacement of the sewer pipes and lighting involving negligible or no expansion of capacity.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* J. Mayor Mei opened consideration of Appr oval of Plans and Specifications; Award of Contract to HCI Systems, Inc. in the amount of $372,993 (includes 15% Contingency) for the City Hall Building A and B Fire Alarm Replacement Project (PWC9095); Make Findings of CEQA Exemption.
This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person commented: Kristin. 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 City Hall Building A & B Fire Alarm Replacement Project (PWC9095):
1. Approved the Plans and Specifications for the City Hall Building A & B Fire Alarm Replacement Project.
2. Accepted the Bid and award the construction contract to the lowest responsive and responsible bidder, HCI Systems, Inc. in the amount of $324,342 and allocate a 15% contingency in the amount of $48,651 for a total construction contract amount of $372,993 and authorize the City Manager or designee to execute the contract.
3. Found the project is exempt from CEQA review pursuant to CEQA Guidelines pertaining to the replacement of an existing fire alarm system involving negligible or no expansion of capacity.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
*Consent Items
* K. Mayor Mei opened consideration of Adopti ng a Resolution Summarily Vacating Public Utility Easements, Emergency Vehicle Access Easements, and Slope Easement at 49000, 49036 and 49086 Milmont Drive in the Bayside Industrial Community Plan Area (PLN2023-00190) and Make Findings of CEQA Exemption.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:
1. Adopted Resolution No. 2024-40 to vacate Public Utility Easements, Emergency Vehicle Access Easements, and Slope Easement at 49000 – 49090 Milmont Drive on grounds the easements are no longer needed.
2. Accepted new Emergency Vehicle Access Easement.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* L. Mayor Mei opened consideration of A ccepting the Report; Find that the Emergency Continues; Make Findings of CEQA Exemption. (Emergency Plumbing Repair and Police Center)
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:
1. Accepted the staff report.
2. Reviewed the conditions of the emergency and made a finding, by a four-fifths vote, that the emergency continues until the work on the Emergency Plumbing Repair at Police Center Project has been completed.
3. Found that the action is exempt from CEQA review pursuant to CEQA Guidelines Section 15269(b), as emergency repairs needed to maintain essential services.
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* M. Mayor Mei opened consideration of Auth orizing the Submission of a Claim Form for $120,000 in Credit for FieldTurf Artificial Turf Marketing and Sales Practices Class Action Litigation.
On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager, or her designee to submit a claim form for $120,000 in credit for settlement of the FieldTurf Artificial Turf Marketing and Sales Practices Class Action Litigation.
*Consent Items
Ayes: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
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.
See Green Sheet on file that contains additional information not included with the staff report.
Mayor Mei opened the public comment period. The following people commented: Rachel McGrath, Steve Skala, Kristin, Herbert Chiu, Charles Liu, Chunchi Ma, Adels Fan, Sai Nagarajan, and Golden Shao. There being no additional speakers, Mayor Mei closed the public comment period.
5. SCHEDULED ITEMS – None.
6. OTHER BUSINESS – None.
7. ITEMS REFERRED BY COUNCILMEMBERS – None.
A. Council Referrals – 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 8:30 p.m.
Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor