*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 mee ting 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 C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* B. Mayor Mei opened considera tion 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 C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* C. Mayor Mei opened consideration of Report 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 C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* D. Mayor Mei opened considera tion of Approving 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 categ orically exempt as a Class 1 facility (Replacement and Reconstruction of Existing Facilities) under Section 15302 of the Guidelines of the California Environmental Quality Act and that no further environmental review is required based on the Council’s prior approval of a mitigated negative declaration for the entire Centerville Community Park Project.
2. Approved the Plans and Specificat ions for the Centerville Community Park Restroom and Underground Utilities (PWC 8392B).
3. Accepted the bid; award a construction contract; and authori ze 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 C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
*Consent Items
* E. Mayor Mei opened considera tion of Approving 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 categoric ally 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 specifi cations 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 he r 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 Cam pbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* F. Mayor Mei opened consideration of Authorization 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 Count y Behavioral Health (ACBH), in the amount of $2,795,126; and
b. an agreement with La Fa milia, in the amount of $267,888.
Ayes: Mayor Mei, Vice Mayor Cam pbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
*Consent Items
* G. Mayor Mei opened consideration of Authorizing the City Man ager 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 designee to execute a Second Amendment with Alameda County in an amount not to exceed $228,000 for the City to provide Housing Transition Navigation and Housing Tenancy and Sustaining Services.
2. 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 C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* H. Mayor Mei opened consideration of Authorizing the City Man ager 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 C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* I. Mayor Mei opened consideration of Approval of Plans and Sp ecifications; 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 Specifi cations for the project.
2. Accepted the Bid and award the construction contract to the lowest responsive and responsible bidder, James Day Construction, Inc., dba Coastal Mountain Electric, in the amount of $759,998.00 and allocate a 15% contingency in the amount of $113,999.70 for a total construction contract amount of $873,997.70 and authorize the City Manager or designee to execute the contract.
3. Found the project is exempt fro m 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 C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* J. Mayor Mei opened consideration of Accepting and Appropriat ing 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 Funding Account Grant funding in the amount of $7,690,056.20.
2. Appropriated $7,690,056.20, as well as any additional supple mental funding, in the Federal Capital Grants Fund, PWC9118-522.
3. Authorized the City Manager or her designee to execute all necessary agreements and documents in connection with the grant award.
Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* K. Mayor Mei opened consideration of Authorization to Execute Task Order to the Joint Powers Agreement with the City of Union City for FY 2024/25 Paratransit Services; and Making Findings of CEQA Exemption.
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 considerati on of Authorization to Execute Agreements with Alameda County Transportation Commission for Paratransit Discretionary Grant Program Funding; Authorization to Execute Agreement with Nomad Transit LLC (a subsidiary of Via Transportation, Inc.) for Ride-On Tri-City!’s Wheelchair Accessible Van Service; and Making Findings of CEQA Exemption. (Transportation Services for Older Adults) On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:
1. Approved and authorized the Cit y Manager to execute a five-year agreement (FY 2024-2029) with Alameda CTC for $875,000 for Ride-On Tri-City’s Mobility Management and Travel Training Program.
2. Approved and authorized the Cit y Manager to execute a three-year agreement (FY 2024-2027) with Alameda CTC for $525,000 for Ride-On Tri-City’s On-Demand WAV Pilot Program.
3. Authorized the City Manager or her designee to execute an agreement with Nomad Transit LLC for the provision of Wheelchair Accessible Van services through June 30, 2027, in an amount not to exceed $2,560,000.
4. 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 Approving and Authorizin g 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 Amending 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 C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* O. Mayor Mei opened consideration of Approving Plans and Spec ifications 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 specifi cations for the Booster Neighborhood Park Playground Upgrades and Replacement Project (PWC9051).
2. Accepted the bid withdraw of K erex Engineering, 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 exe mpt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, per Section 15301, as the project occurs within an existing area of an established park; Section 15303, as the utility extensions are minor modifications and are limited to relocation of drainage lines; Section 15304, as the project involves minor alterations to land; Section 15311, as the play equipment installation is a minor accessory structure appurtenant to an existing institutional facility; and Section 15183, as the project is consistent with the land use envisioned for the site as established by the General Plan.
Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
*Consent Items
* P. Mayor Mei opened consideration of Approving 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 designee 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 unallocat ed Traffic Impact Fee fund balance – Fund 531 and appropriated it to PWC9100-531.
3. Found 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 C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* Q. Mayor Mei opened consideration of Approval to Revise Munic ipal 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 C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: American Muslim Appreciation Month (August 202 4)
*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 considerati on of Options 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 C ampbell, Councilmembers: Keng, Shao, Salwan, and Cox
Noes: Councilmember Kassan
Absent: None
Abstain: None
7. ITEMS REFERRED B Y COUNCILMEMBERS
A. Council Referrals
1. Mayor Mei opened consideration of Mayor Mei Referral: Design ation 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 C ampbell, Councilmembers: Keng, Kassan, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
2. Mayor Mei opened consideration of Councilmember Salwan Refer ral: 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 C ampbell, Councilmembers: Keng, Shao, Salwan, and Cox
Noes: Councilmember Kassan
Absent: None
Abstain: None
B. Appointments to Boards, Commissions, Committees
1. Mayor Mei Opened for considera tion of Mayor Mei Referral: Appointments and Reappointments to Advisory Bodies
Appointments:
Advisory Body A ppointee Term Expires
Economic Development Advisory Commission Sainath Nagarajan 12/3 1/2027 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 A ppointee 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 C ampbell, 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.
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
SEPTEMBER 10, 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 7:00 p.m.
B. Flag Salute: Councilmember Salwan led the salute to the flag.
C. Roll Call: Present: Mayor Mei, Vice Mayor Campbell, Councilmembers: Keng, Kassan, Salwan, Shao, and Cox
D. Announcements by Mayor/City Manager/City Attorney
Mayor Mei announced the Boards and Commissions vacancies.
City Manager Shackelford and introduced colleagues.
2. CONSENT CALENDAR – 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.
Mayor Mei opened the public comment period. The following people commented: Joe Rose (representing NAMI Alameda County South, provided a hand-out) and Kelly Abreu. 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 District 3 Council Vacanc y Applicant Interview, Discussion and Possible Selection and Appointment
Email 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: Theodore Bresler, Narda Mamou, Linda Dewlaney, Vipin Sharma, Kelly Abreu, and Sai Nagarajan.
There being no additional speakers, Mayor Mei closed the public comment period.
The City Council conducted a public interview of Kathryn Kimberlin with prepared questions.
Councilmembers were also provided an opportunity to ask additional questions, to which Ms. Kimberlin responded.
On a motion by Vice Mayor Campbell, seconded by Councilmember Cox, the City Council appointed Kathryn Kimberlin to the District 3 Council seat for the remainder of the term, which expires in November 2026. The City Clerk administered the oath of office to Ms. Kimberlin, who was then was seated at the dais.
Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Salwan, Shao, and Cox
Noes: Councilmember Kassan
Absent: None
Abstain: None
7. ITEMS REFERRED B Y COUNCILMEMBERS – None.
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 8:30 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
MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
SEPTEMBER 17, 2024
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
5:30 PM
Call to Order: Vice Mayor Campbell called the meeting to order at 5:33 p.m.
Roll Call: Present: Vice Mayor Campbell , Councilmembers: Keng, Kimberlin, Shao, and Salwan. Councilmember Cox arrived at 5:36 p.m. Mayor Mei arrived at 5:43 p.m.
Public Comment: None.
CONVENED TO A CLOSED SESSION at 5:35 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
Organization Representing Employees:
Fremont Police Association
The Special Meeting of the Fremont City Council adjourned at 6:55 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
SEPTEMBER 17, 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 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 discussed Conference with Labor Negotiator pursuant to Government Code 54957.6. 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 Shao, seconded by Vice Mayor Campbell, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Mei, Vice Mayor C ampbell, 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 Second Reading and Adopt ion of an Ordinance of Amending Fremont Municipal Code Section 3.20.090(b) to Reflect Internal Revenue Service (IRS) Guidance on Acknowledging Donations
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council adopted Ordinance No. 06-2024 amending the Fremont Municipal Code to reflect IRS guidance on acknowledging donations.
Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* D. Mayor Mei opened consideration of Adoption of a Resolution Updating the Conflict of Interest Code for the City of Fremont
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council adopted Resolution No. 2024-37 amending Fremont’s Conflict of Interest Code as it relates to the Form 700 designated positions and the disclosure categories.
Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* E. Mayor Mei opened considerati on of Authorize the City Manager or her Designee to Execute a Technology Service Agreement (TSA) with Open Counter Enterprises, Inc. to provide interactive zoning searches and permitting step-by-step guides for a five-year term and a not-to-exceed compensation of $287,275
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council:
1. Authorized the City Manager or her designee to execute a new Technology Service Agreement (TSA) with Open Counter Enterprises, Inc., for a five-year term and not-to- exceed compensation of $287,275.
2. Authorized the use of PWC8746, Land Use and Permitting System, for the one-time and initial year of subscription fees totaling $59,710.
3. Authorized City Manager or her designee to execute any implementing documents and actions, as necessary.
Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
*Consent Items
* F. Mayor Mei opened considerati on of Authorize the City Manager or Her Designee to Execute an Amendment to the Master Services Agreement with Hines EDM to Extend the Term an Additional Three Years and Increase the Not-to-Exceed Compensation an Additional $500,000 to $1,250,000 (Document Scanning and Indexing Services) On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council authorized the City Manager or her designee to amend the Master Service Agreement with Hines, EDM, Inc. to extend the term of the agreement an additional three years through October 2027 and increase the not-to-exceed compensation an additional $500,000 to $1,250,000.
Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* G. Mayor Mei opened consideration of Approval of Actions to A ccept Federal Funding Grants in the Amount of $1.35 Million and Appropriate Funds for the Central Park Community Center Project ($0.5 Million), and Auto Mall Parkway Median Improvement Project ($0.85 Million); Authorize the City Manager to Execute Grant Funding Agreements; and Make Findings of CEQA Exemption
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council approved the following actions related to the federal grant funds:
1. Accept HUD grant funds in the amount of $0.5 million and appropriate the funds to the Central Park Community Center Project – PWC9087-522.
2. Accept HUD grant funds in the amount of $0.85 million and appropriate the funds to the Auto Mall Parkway Median Improvement Project – PWC9119-522.
3. Authorized the City Manager or her designee to execute grant funding agreements and prepare any other documents required to implement said agreements with HUD for the a) Central Park Community Center in the amount of $0.5 million, and b) Auto Mall Parkway Median Improvement Project in the amount of $0.85 million.
4. 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 C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
*Consent Items
* H. Mayor Mei opened consideration of Approve a Professional S ervices Agreement with BKF Engineers, Inc., in the Amount of $525,350 (Including 20% Contingency), for Design Services for the Auto Mall Parkway Median Improvement Project (PWC9119); Appropriation Actions; Make Findings of CEQA Exemption
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council approved the following actions related to the Auto Mall Parkway Median Improvement Project (PWC9119):
1. Authorized the City Manager or her designee to execute a Professional Services Agreement with BKF Engineers, Inc., in an amount not to exceed $525,350 for design services.
2. Reallocated $2,100,000 from PWC8889-501 and appropriate it to PWC9119-501.
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 C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* I. Mayor Mei opened considerati on of Authorize the City Manager or Designee to execute a three-year amendment to the agreement with Routeware, Inc. for solid waste management recordkeeping and reporting services, increasing the not-to-exceed amount from $72,139 to $155,000
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council:
1. Authorized the City Manager or her Designee to execute an amendment to Agreement 21-0225 with Routeware, Inc., extending the agreement through September 30, 2027, and increasing the not-to-exceed amount from $72,139 to $155,000.
2. Found the proposed action exemp t from CEQA under guidelines 15378(b)(2), 15378(b)(5), and/or 15061(b)(3) as detailed in the staff report.
Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Shao, and Cox
Noes: None
Absent: None
Abstain: Councilmembers Kimberlin and Salwan
*Consent Items
* J. Mayor Mei opened considerati on of Authorize the City Manager, or Designee, to enter into an Agreement and to execute implementing documents with Environmental Systems Research Institute, Inc., for the annual software support and maintenance of the ESRI Small Government Enterprise Agreement Annual Subscription, in an amount not to exceed $525,300 for a 3-Year term
On a motion by Councilmember Shao, 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 Environmental Systems Research Institute, Inc., for the annual software support and maintenance of the ESRI Small Government Enterprise Agreement Annual Subscription and take any necessary implementing actions in an amount not to exceed $525,300 for a 3-Year term.
Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* K. Mayor Mei opened consideration of Accept the Report; Find that the Emergency Continues; Make Findings of CEQA Exemption (Emergency Plumbing Repair at Police Center)
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council:
1. Accepted the staff report.
2. Reviewed the conditions of th e emergency and make 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 C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* L. Mayor Mei opened consideration of Approval of Plans and Sp ecifications; Award of Construction Contract to Innovative Construction Solutions, Inc. in the Amount of $354,292 (includes 15% Contingency) for the Centerville Soil Vapor Remediation Completion (PWC8812D); Appropriation Actions; Make Findings of CEQA Actions On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council approved the following actions related to the Centerville Soil Vapor Remediation Completion Project (PWC8812D):
*Consent Items
1. Approved the plans and specifications for the project.
2. Accepted the bid and award the construction contract to the responsive and responsible bidder, Innovative Construction Solutions, Inc. in the amount of $307,292 and allocate a 15% construction contingency in the amount of $47,000 for a total construction contract amount of $354,292 and authorize the City Manager or her designee to execute the contract.
3. Reallocated $290,000 from PWC8520-501 to PWC8812-501.
4. Found that because the remediation of the contaminants in accordance with the Centerville Unified Site Services and Funding Agreement, is a part of the project evaluated in the EIR and the CEQA Findings, and because none of the conditions requiring further CEQA documentation pursuant to State CEQA Guidelines Section 15162 have occurred, the EIR and the CEQA Findings may serve as the CEQA document for consideration and implementation of the remediation work.
Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Shao, and Cox
Noes: None
Absent: None
Abstain: Councilmembers: Kimberlin and Salwan (business/propert y interest)
* M. Mayor Mei opened considerati on of Authorize the City Manager to enter into an Agreement with LWP Claims Solutions, Inc. to Provide Workers’ Compensation Claims Administration Service for the City of Fremont, for a Three-Year Term in an Amount Not-to-Exceed $689,271, and Two Additional Two-Year Options (Third Party Administration Services for the City’s Self-Insured Workers’ Compensation Program) On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council:
1. Authorized the City Manager or her designee to execute a three-year agreement with LWP Claims Solutions, Inc., effective October 1, 2024, in the amount of $689,271 and the option for two, two-year extensions in an additional amount not to exceed 5% of the previous year.
2. Found the proposed action exempt from CEQA under guidelines 15378(b)(2), 15378(b)(5), and/or 15061(b)(3).
Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Bay Area Stands United Against Hate Week 2024
*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 people commented: Rev. Rosie Jones, Lana Spencer-Teasley, Alex Woo, Ben Yee (provided a hand-out), Rio Collett, Hiu Ng, Kelly Abreu, and John Hinds. There being no additional speakers, Mayor Mei closed the public comment period.
5. SCHEDULED ITEMS
A. Mayor Mei opened consideration of Public Hearing (Published Notice) to consider Introduction of an Urgency Ordinance Amending Fremont Municipal Code Title 15 and Title 2 to Create a Building Appeals Board and an Amendment to Master Fee Resolution 8672 (Master Fee Schedule) to Create a Fee for Appeals to the Building Appeals Board and to Consider a Finding that the Ordinance is Exempt from the Requirements of the California Environmental Quality Act (CEQA) per, Each as a Separate and Independent Basis, CEQA Guidelines Section 15061(b)(3), 15378(b)(2) and 15378(b)(5)
Code Enforcement Manager David Wage provided a presentation and responded to questions from Councilmembers. Mayor Mei opened the public hearing. The following people commented: John Weed and Kelly Abreu. There being no additional speakers, Mayor Mei closed the public hearing. This was followed by additional questions and comments from Councilmembers.
On a motion by Councilmember Salwan, seconded by Vice Mayor Campbell, the City Council:
1. Adopted Urgency Ordinance No. 07-2024, attached as Exhibit A to the staff report, by a four-fifths vote of the City Council, amending Title 15 and Title 2 of the Fremont Municipal Code.
2. Waived the first reading and introduced the regular ordinance, attached as Exhibit B to the staff report, amending Title 15 and Title 2 to the Fremont Municipal Code.
3. Adopted Resolution No. 2024-38, attached as Exhibit C to the staff report, approving an amendment to Master Fee Resolution 8672 (Master Fee Schedule).
4. Found that the ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.
*Consent Items
Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
6. OTHER BUSINESS
A. Mayor Mei opened consideration of Age Friendly Fremont Acti on Plan for 2025-2030
Family Services Administrators Karen Grimsich and Levon Gibson gave a presentation.
There were no public speakers.
The City Council received the overview and provided comments on the Age Friendly Action Plan update.
B. Mayor Mei opened considerati on of Homelessness Regulation and Enforcement in Conjunction with the U.S. Supreme Court’s Grants Pass Decision
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.
Deputy City Manager Allen DeMers and Police Chief Sean Washington provided a presentation and responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following people commented: Marie Hughes, Lana Spencer-Teasley, Hiu Ng, Albert Tsui, Golden Shao, David Bonaccorsi (FFE), and Rev. Rosie Jones. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by additional questions and comments from Councilmembers.
The City Council received this informational update.
7. ITEMS REFERRED B Y COUNCILMEMBERS
A. Council Referrals
1. Mayor Mei opened consideration of Mayor Mei Referral: Referr al for Consideration of the Initiation of Censure Proceedings
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 provided an overview of her referral and responded to questions from Councilmembers. Mayor Mei opened the public comment period. The following people commented: Naseer Irfan, Kishon Naik, Igor Tregul, Albert Tsui, Hiu Ng, John Hinds, Golden Shao, and Chandra Wagh. There being no additional speakers, Mayor Mei closed the public
*Consent Items
comment period. Staff responded to questions from Councilmembers. Councilmembers provided comment.
On a motion by Vice Mayor Campbell, seconded by Councilmember Salwan, the City Council direct City staff to come back to City Council with handbook amendments that clarifies Council members cannot request proclamations and also create a handbook acknowledgement form.
Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
B. Appointments to Boards, Commissions, Committees
1. Mayor Mei opened consideration of Mayor Mei Referral: Appoin tment to Advisory Body
Appointment:
Advisory Body Appointee Term Expires
Planning Commission Benjamin Craig 12/31/2027
On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved appointment:
Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
C. Legislative Actions – None.
D. Report on Committee Assignments – None.
8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 11:30 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
MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
OCTOBER 1, 2024
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
5:30 PM
Call to Order: Mayor Mei called the mee ting to order at 5:30 p.m.
Roll Call: Present: Mayor Mei, Vice Mayor Campbell, Councilmembers: Kimberlin, Shao, and Salwan. Councilmember Keng arrived at 5:51 p.m.
Councilmember Cox arrived at 6:31 p.m.
Public Comment: None.
CONVENED TO A CLOSED SESSION at 5:31 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; Christina Briggs, Assistant City Manager; Allen DeMers, Deputy City Manager; Sean Washington, Police Chief; Elana Rivkin-Haas, Senior Deputy City Attorney; and Allyson Hauck, Designated Representative
Organization Representing Employees:
Fremont Police Association
The Special Meeting of the Fremont City Council adjourned at 6:50 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
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 mee ting 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 C ampbell, 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 Second Reading and Adopt ion 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 C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* D. Mayor Mei opened consideration of Approval 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 C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* E. Mayor Mei opened considerati on of Authorizing 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 C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* F. Mayor Mei opened considerati on of Authorizing 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 C ampbell, 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 C ampbell, Councilmembers: Keng, Kimberlin, Salwan, and Cox
Noes: Councilmember Shao
Absent: None
Abstain: None
* H. Mayor Mei opened consideration of Authorizing the City Man ager, 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 C ampbell, Councilmembers: Keng, Kimberlin, Salwan, and Cox
Noes: Councilmember Shao
Absent: None
Abstain: None
* I. Mayor Mei opened consideration of Approval of Plans and Sp ecifications, 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 C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* J. Mayor Mei opened consideration of Approval of Plans and Sp ecifications; 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 C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
*Consent Items
* K. Mayor Mei opened consideration of Adopting a Resolution Su mmarily 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 C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* L. Mayor Mei opened consideration of Accepting the Report; Fi nd 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 C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None
Absent: None
Abstain: None
* M. Mayor Mei opened considerati on of Authorizing 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 C ampbell, 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 B Y 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.
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