City Council Chambers
3300 Capitol Avenue
Fremont, CA
Fremont City Council
Raj Salwan, Mayor
Desrie Campbell, Vice Mayor
Teresa Keng, District 1
Kathy Kimberlin, District 3
Yang Shao, District 4
Yajing Zhang, District 5
Raymond Liu, District 6
City Staff
Karena Shackelford, City Manager
Rafael E. Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
Allen DeMers, Deputy City Manager
Kim Beranek, Community Services Director
Geneva Bosques, Communications and
Legislative Affairs Director
Arquimides Caldera, Human Services Director
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Kelly King, Maintenance Operations Director
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Fremont City Council Agenda and
Report
February 18, 2025
General Order of Business
1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)
2. Consent Calendar
3. Ceremonial Items
4. Public Communications
5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees
6. Other Business
7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments
8. Adjournment
Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and
information by staff followed by City Council questions and inquiries. The applicant, or their authorized
representative, or interested citizens, may they speak
on the item; each speaker may only speak once to each
item. At the close of public discussion, the item will be considered by the City Council and action taken. Items
on the agenda may be moved from the order listed.
Consent Calendar
Items on the Consent Calendar are considered to be
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
citizen so requests, in which case the item will be
removed from the Consent Calendar and considered
separately. Additionally, other items without a “Request to Speak – Speaker Card” card in opposition may be
added to the consent calendar. The City Attorney will
read the title of ordinances to be adopted.
Spoken Public Communications and/or
Public Comment is limited to speakers
attending the meeting in-person in
City Council Chambers.
Agenda and Report - Fremont City Council Meeting - February 18, 2025
February 18, 2025 Fremont City Council Page 2
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING.
The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which provides a link to the live stream; or, via Comcast Channel 27.
Please note at this time, Channel 27 is only available to Comcast cable subscribers. The public may also view the meeting via Zoom, or attend in-person in the Council Chamber. The lobby doors open approximately 15 minutes prior to the start of the meeting. The public is strongly encouraged but not required to wear masks.
Attending February 18, 2025, City Council meeting online via Zoom https://us06web.zoom.us/j/83726128343
Webinar ID: 837 2612 8343
Addressing the Council
Spoken Public Communications / Public Comment is limited to persons attending the Council Meeting in the City Council Chambers.
How to submit Public Communications / Public Comment by email prior to the meeting:
Send an email to [email protected] before 4:00 p.m. the day of the meeting. Please identify the agenda item number & letter, and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number/letter, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit, submit the pdf formatted document(s) to the email above by the noted deadline.
Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.
How to provide Spoken Public Comment during the meeting for items on the agenda:
Attend meeting in-person in the Council Chamber, fill out a “Request to Speak – Speaker Card” with the agenda item number & letter, and submit to the City Clerk. When the Mayor calls for the item on which you wish to speak, step to the podium to address the City Council. Please limit your remarks on matters related to the agency and to the time limit allotted.
How to provide Spoken Public Comment during the meeting for items not on the agenda (Oral Communications):
Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Attend the meeting in-person in the Council Chamber and submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor may limit the time allotted for public speakers, and each speaker may only address the Council once on each agenda item.
The City Council Agendas may be accessed online: https://www.fremont.gov/government/agenda-center
Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.
Information about the City or items scheduled on the Agenda and Report may be referred to:
Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060
If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact the City Clerk’s Office at (510) 284-4060 or [email protected] at least two working days prior to the meeting for assistance.
Your interest in the conduct of our City’s business is appreciated.
February 18, 2025 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
February 18, 2025
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM
1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)
2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.
A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. APPROVAL OF MINUTES – for the Regular Meeting of January 7, 2025, the Regular Meeting of January 14, 2025, and the Regular Meeting of February 4, 2025
Contact Persons:
Name: Susan Gauthier
Title: City Clerk
Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]
RECOMMENDATION: Approve minutes.
C. PURCHASE OF CHEMICAL IDENTIFICATION ANALYZER – Authorize the City Manager to Purchase Chemical Identification Analyzer from Fisher Scientific Through a Cooperative Agreement with NASPO, for an amount not to exceed $189,176
Contact Persons:
Name: Heather Mozdean Donna Do
Title: Deputy Fire Chief Management Analyst II
Dept: Fire Department Fire Department
Phone: (510) 494-4200 510-494-4200
E-Mail: [email protected] [email protected]
February 18, 2025 Fremont City Council Page 4
RECOMMENDATION: Authorize the City Manager or Designee to issue a purchase order to Fischer Scientific for an amount not to exceed $189,176 to purchase a Chemical Identification Analyzer through a cooperative agreement with NASPO ValuePoint.
D. REPAIR OF FIRE ENGINE 59 - Authorize the City Manager to Amend a Purchase Order with Golden State Fire Apparatus Increasing the Amount by $285,351 to Repair Fire Engine 59
Contact Persons:
Name: Corina Campbell Heather Mozdean
Title: Business Manager Deputy Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4200
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize City Manager or designee to increase the existing Purchase Order to Golden State Fire Apparatus by $285,351.
3. Ceremonial Items - None.
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT
CALENDAR
5. Scheduled Items
A. BUILDING APPEALS BOARD AMENDMENT TO MASTER FEE SCHEDULE – Public Hearing (Published Notice) to consider an Amendment to Master Fee Resolution 8672 (Master Fee Schedule) to Amend the Fee for Appeals to the Building Appeals Board
Contact Persons:
Name: David Wage Mike Wayne
Title: Code Enforcement
Manager/Senior Planner
Building Official
Dept: Code Enforcement Community Development
Phone: 510-494-4447 510-494-4487
E-Mail: [email protected] [email protected]
RECOMMENDATION: Staff recommends adopting the resolution attached as Exhibit A, approving an amendment to Master Fee Resolution 8672 (Master Fee Schedule).
February 18, 2025 Fremont City Council Page 5
6. Other Business - None.
7. Items Referred by Councilmembers
A. Councilmember Referrals
1. COUNCILMEMBER YANG SHAO REFERRAL: Proposal for Policy on Limiting City Government Engagement to Local Issues
Contact Persons:
Name: Yang Shao
Title: Councilmember
Dept: City Council
Phone: 510-284-4019
E-Mail: [email protected]
Requested Action: Direct staff to develop a policy for City Council consideration that emphasizes Fremont’s commitment to addressing local matters and refrains from taking positions on international affairs. Please bring forward a draft policy and staff recommendations on implementing this focus. The policy should be presented to the Council at an upcoming meeting for discussion and possible adoption.
B. Appointments to Boards, Commissions, Committees
1. MAYOR SALWAN REFERRAL: Appointments to Advisory Bodies Contact Persons:
Name: Raj Salwan
Title: Mayor
Dept: City Council
Phone: 510-284-4082
E-Mail: [email protected]
APPOINTMENTS:
Advisory Body Appointee Term Expires
East Bay Regional Park District Narda Mamou 12/31/2027 Liaison Committee
Recreation Commission, Primary Representative
East Bay Regional Park District Elissa Winters 12/31/2027 Liaison Committee
Recreation Commission, Alternate Representative
Environmental Sustainability Commission Abe Mazliach 12/31/2028 Environmental Organization Representative
RECOMMENDATION: Approve appointments.
February 18, 2025 Fremont City Council Page 6
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
February 18, 2025 Fremont City Council Page 7
ACRONYMS
ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD
BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET
Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program
ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment
February 18, 2025 Fremont City Council Page 8
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 February 18, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 25, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
March 4, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
March 11, 2025 Cancelled: City Council
Meeting
March 18, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
March 25, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting FUSD Hosts Live
April 1, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
April 8, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
April 15, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
April 22, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting FUSD Hosts Live
April 29, 2025 No 7PM City Council Meeting
(5th Tuesday)
Monday,
May 5, 2025 5:30 p.m. CC/FUSD Joint Meeting FUSD Hosts Live May 6, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
May 13, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
May 20, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
May 27, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
June 3, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
June 10, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
June 17, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
June 24, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting FUSD Hosts Live
Fremont City Council Meeting: 02/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5371) DOC ID: 5371
Updated: 2/13/2025 2:36 PM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Regular Meeting of January 7, 2025, the Regular Meeting of January 14, 2025, and the Regular Meeting of February 4, 2025 Contact Persons:
Name: Susan Gauthier
Title: City Clerk
Div/Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]
APPROVAL OF MINUTES – for the Regular Meeting of January 7, 2025, the Regular Meeting of January 14, 2025, and the Regular Meeting of February 4, 2025.
ATTACHMENTS:
• Draft Minutes
RECOMMENDATION: Approve minutes.
2.B
Packet Pg. 9
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
JANUARY 7, 2025
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
1. PRELIMINARY
A. Call to Order: Mayor Salwan called the meeting to order at 7:00 p.m.
B. Flag Salute: Councilmember Liu led the salute to the flag.
C. Roll Call: Mayor Salwan, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Zhang and Liu
D. Announcements by Mayor/City Manager/City Attorney
Mayor Salwan announced the Boards and Commissions vacancies.
Assistant City Manager Briggs shared information regarding items of Council/community interest.
E. Report Out of Closed Session – None.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* B. Approval of Minutes – None.
* C. Mayor Salwan opened consideration of Second Reading and Adoption of an Ordinance of the City of Fremont Amending Various Chapters of Fremont Municipal Code Title 2 (Administration and Finance), Title 8 (Health and Safety), Title 17 (Subdivisions), Title 18 (Planning and Zoning) to Clarify and Enhance Definitions, Procedures, and Standards Related to Development and Use of Property Within the City and Implement Program 35
2.B.a
Packet Pg. 10
Attachment: Draft Minutes (5371 : Approval of Minutes - 2025-01-07 - 2025-02-04)
*Consent Items
of the City’s 2023-2031 Housing Element; and Making Findings of CEQA Exemption (PLN2025-00065).
On a motion by Councilmember Shao, seconded by Vice Mayor Campbell, the City Council waived the second reading and adopted Ordinance No. 01-2025 approving amendments to FMC Title 2 (Administration and Finance), Title 8 (Health and Safety), Title 17 (Subdivisions), and Title 18 (Planning and Zoning), as shown on Exhibit “A” to the staff report, and for conformance with the General Plan.
Ayes: Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Recused: Mayor Salwan (business/property interest)
* D. Mayor Salwan opened consideration of Approval of Specifications and Award of Contract to Graham Contractors, Inc. in the Amount of $187,470 (Including 20% Contingency) for the 2025 Citywide Pavement Crack Seal Project (PWC8195-X1); 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 2025 Citywide Pavement Crack Seal Project (PWC8195-X1):
1. Approved the specifications for the project.
2. Accepted the bid and award the construction contract to the lowest responsive and responsible bidder, Graham Contractors, Inc. in the amount of $156,470 and allocated a 20% construction contingency in the amount of $31,000 for a total construction contract amount of $187,470 and authorized the City Manager, or her designee, to execute the contract.
3. Found the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 as the maintenance, repair or minor alteration of existing facilities involving negligible or no expansion of use beyond that presently exists.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* E. Mayor Salwan opened consideration of Authorize the City Manager, or her Designee, to Enter into an Amendment with the County of Alameda, for the City to Provide Access Point and Housing Resource Center Services; and Appropriate Additional Funds.
2.B.a
Packet Pg. 11
Attachment: Draft Minutes (5371 : Approval of Minutes - 2025-01-07 - 2025-02-04)
*Consent Items
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 Standard Service Agreement Amendment of $177,082 with the County of Alameda to provide Access Point and Housing Resource Center services.
2. Increased revenue estimates and appropriated an additional $20,000 for these services in the Alameda County Health Care Services Agency Fund (Fund 179).
3. Found that these actions are exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15183 (projects consistent with the general plan or zoning) and/or because it is not a “project” within the meaning of California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines sections 15061(b)(3) and 15378(b)(2),(5) as it can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment and the award is an administrative activity that will not result in an effect on the physical environment.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* F. Mayor Salwan opened consideration of Authorize the City Manager, or her Designee, to enter into Agreements, to issue Purchase Orders, and to execute implementing documents with AMS.NET, LLC, for the Cisco Phone Solution Licenses and Equipment Maintenance Services Renewals, in an amount not to exceed $388,276.20 for a Three- 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 agreements, to issue purchase orders, and to execute implementing documents with AMS.NET, LLC, for the Cisco Phone Solution licenses and equipment maintenance services renewals, in an amount not to exceed $388,276.20 for a three-year term.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* G. Mayor Salwan opened consideration of Approval of Agreements for On-Call Construction Management Consultant Services in the Amount of $1,250,000 per Agreement with mack5, MN Engineers, Inc. and Park Engineering, Inc.; Make Findings of CEQA Exemption.
2.B.a
Packet Pg. 12
Attachment: Draft Minutes (5371 : Approval of Minutes - 2025-01-07 - 2025-02-04)
*Consent Items
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 Master Service Agreement for on-call construction management consultant services with the following consultants:
a. mack5 with a total amount not to exceed $1,250,000 for five years. b. MNS Engineers, Inc. with a total amount not to exceed $1,250,000 for five years. c. Park Engineering, Inc. with a total amount not to exceed $1,250,000 for five years.
2. Found that the actions are exempt from environmental review 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 Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
3. CEREMONIAL ITEMS – None.
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
Mayor Salwan opened the public comment period. The following people commented: Tiffany Hale (Reliance Machine Products), Jason Barnes, Gautham Nair, David Bonaccorsi (Fremont For Everyone), Kate Amon (Fremont For Everyone), Bridget Monohan McShea (Fremont For Everyone), Arsh Shah (Fremont For Everyone), Mari-lyn Harris (Fremont 4 Everyone), Sandra Moore (FFE), Linda Dewlaney, Lisa Danz (Fremont For Everyone), Steve Skala (FFE), Ghada Srour (Fremont For Everyone), Annie Koruga, Katherine Rubie (Fremont For Everyone), Jenna Dougherty, Caroline Harris, Jeffrey Spencer (Niles Discovery Church), Sai Nagarajan, Mark Smith (Marwood Company), Lee Jatta (Borelli Invesment Co.), Vincent Hu (Marwood Company), Sundari Yanamanram, Anonio Ulloa (Fremont For Everyone), Monica (Fremont For Everyone), Greg (Fremont for Everyone), Salim Mastan, Richard Godfrey (TCEC-Tricity Ecology Center), Vivian Wan (Abode Services, Padma Gopalakrishnan, and Luna Venturo.
There being no additional speakers, Mayor Salwan closed the public comment period.
5. SCHEDULED ITEMS
A. Mayor Salwan opened consideration of Public Hearing (Published Notice) to Adopt Amendments to Revise the Rent Review Program Administration Fees and the Notice Requirements for Residential Rent Increases to Conform with State Law, Review the Annual Report on the Rent Review Ordinance and Adopt the Administration Fee for FY 2024/25 (Continued from the November 19, 2024 City Council Meeting)
2.B.a
Packet Pg. 13
Attachment: Draft Minutes (5371 : Approval of Minutes - 2025-01-07 - 2025-02-04)
*Consent Items
No presentation was provided by staff. Mayor Salwan opened the public hearing. The following people commented: John Hinds and Chung. There being no additional speakers, Mayor Salwan closed the public hearing. Staff responded to questions from Councilmembers.
On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council:
1. Received the Rent Review Ordinance Annual Report;
2. Held a public hearing;
3. Waived the first reading and introduced an ordinance amending Chapter 9.60 of the Fremont Municipal Code;
4. Adopted Resolution No. 2025-01 to amend the Master Fee Schedule to modify the Rent Review Administration Fee to $16.00 per residential rental unit in FY 2024/25 to recover the costs of administering the Rent Review Program.
Ayes: Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Recused: Mayor Salwan (business/property interest)
6. OTHER BUSINESS – None.
7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees – None.
C. Legislative Actions – None.
D. Report on Committee Assignments – None.
8. ADJOURNMENT: There being no further business, Mayor Salwan adjourned the meeting at 8:05 p.m.
Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk RAJ SALWAN, Mayor
2.B.a
Packet Pg. 14
Attachment: Draft Minutes (5371 : Approval of Minutes - 2025-01-07 - 2025-02-04)
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
JANUARY 14, 2025
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
1. PRELIMINARY
A. Call to Order: Mayor Salwan called the meeting to order at 7:00 p.m.
B. Flag Salute: Councilmember Shao led the salute to the flag.
C. Roll Call: Mayor Salwan, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Zhang and Liu
D. Announcements by Mayor/City Manager/City Attorney
Mayor Salwan announced the Boards and Commissions vacancies.
City Manager Shackelford shared information regarding items of Council/community interest.
E. Report Out of Closed Session – None.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.
On a motion by Councilmember Shao, seconded by Councilmember Kimberlin, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* B. Mayor Salwan opened consideration of Approval of Minutes
On a motion by Councilmember Shao, seconded by Councilmember Kimberlin, the City Council approved minutes for the Regular Meeting of December 3, 2024, the Regular Meeting of December 10, 2024, and the Regular Meeting of December 17, 2024
2.B.a
Packet Pg. 15
Attachment: Draft Minutes (5371 : Approval of Minutes - 2025-01-07 - 2025-02-04)
*Consent Items
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* C. Mayor Salwan opened consideration of Approval of a Five-Year Special Use Agreement between the City of Fremont and East Bay Regional Park District for the Operation of the Patterson House at the Ardenwood Historic Farm Regional Preserve.
On a motion by Councilmember Shao, seconded by Councilmember Kimberlin, the City Council authorized the City Manager or designee to execute a Special Use Agreement with the East Bay Regional Park District for operation of the Patterson House in Ardenwood Historic Farm for a five-year term, January 2025 – December 2029, with an annual payment of $92,640 increased annually by 2.0%.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* D. Mayor Salwan opened consideration of Approval of an Enrichment Program Services Agreement between the Fremont Unified School District and City of Fremont to Offer Intersession, Afterschool and Summer Enrichment Learning Program Services through Summer 2026
On a motion by Councilmember Shao, seconded by Councilmember Kimberlin, the City Council authorized the City Manager or designee to execute the Enrichment Program Services Agreement between the City of Fremont and the Fremont Unified School District for partnership and services consisting of intersession, afterschool and summer programs through August 2026 for Transitional Kindergarten through eighth grade students, on a fee for service basis.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Dr. Martin Luther King, Jr. Day, January 20, 2025
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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 Salwan opened the public comment period. The following people commented: Richard Gerome, Tiffany Hale (Reliance Machine Products), Sergio R. Barajas (NCCRC), Rajeev Taitriya, Kivan Yenugutala, Ron Brazil (St. Joseph Homeless Outreach), Suraj Sampath, Krish Ramachandran, Ben Schidorr, Katy Polony, Judith Zlatnik, John Hinds, Rajat Anand (Hampton Place HOA), Ajay Joshi, TS Ram, Syndari Yanamanram, Srinivas Tatikonda, Sister Annette, Bridget Monohan McShea (Fremont for Everyone), Katherine Rubie (Fremont For Everyone), Liz Fischer (FFE Fremont For Everyone), Alek Gent-Vincent, Peggy Rahman (NAMI-Alameda County), Steve Skala, Mari-lyn Harris (Fremont 4 Everyone), Kate B. Amon (Fremont For Everyone), Bill Bain (Tri Cities Interfaith Council), Jenna Daugherty, Ariel Smith-iyer (Mission Peak Unitarian Universalist Congregation), David Bonaccorsi (Fremont For Everyone), Reshma Inamdar, Lisa Danz (Fremont For Everyone), Christine Musselman (Fremont For Everyone), Antonio Ulloa (Fremont 4 Everyone), Monica Whitembunry (Fremont 4 Everyone), and Lily Mei. There being no additional speakers, Mayor Salwan closed the public comment period.
5. SCHEDULED ITEMS
A. Mayor Salwan opened consideration of a Public Hearing (Published Notice) To Consider Adoption of a Resolution for Objective Design Standards for Historic Homes Associated with State law Compliance and an Ordinance for Associated Text Amendments to the Historic Resources Chapter (FMC Chapter 18.175); and to Consider Exemptions for the Proposed Amendments From the Requirements of the California Environmental Quality Act (CEQA), Each on a Separate and Independent Basis, Pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), §15262 (Feasibility and Planning Studies), and §15378 (Project). (2024 Code Update - Housing Element Implementation – Citywide - PLN2025-00074)
Senior Planner James Willis shared the staff presentation. Good City Company Principal and Co-Owner Aaron Aknin, Page & Turnbull Principal/Director of the Cultural Resources Studio, Senior Architectural Historian Christina Dikas, and Page & Turnbull Cultural Resources Planner/Archaeologist Stacy Kozakavich shared the consultant’s presentation. Staff responded to questions from Councilmembers. Mayor Salwan opened the public hearing. There being no speakers, Mayor Salwan closed the public hearing.
On a motion by Vice Mayor Campbell, seconded by Councilmember Zhang, the City Council:
1. Held public hearing.
2. Found that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15061 Review
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for Exemption, CEQA Guidelines Section 15262 Feasibility and Planning Studies, and CEQA Guidelines 15378 Project, and find that no further environmental review is required pursuant to CEQA Guidelines Section 15183, as the project is consistent with the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified and/or §15162 Subsequent EIRs and Negative Declarations;
3. Found that the proposed zoning text amendment and Objective Standards are consistent with the Fremont General Plan;
4. Found that the proposed zoning text amendment and Objective Standards further the public interest, convenience, and general welfare of the City by ensuring consistency between the FMC and the City’s General Plan, with State law, and provide for a streamlining of the process of reviewing eligible historic resources by providing development standards that are relevant to current development regulations, objective, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents;
5. Introduced the ordinance amending Title 18 (Planning and Zoning) attached to this report as Exhibit B;
6. Adopted Resolution No. 2025-02 attached to this report as Exhibit C, implementing Program 4 of the City’s 2023-2031 Housing Element to identify Objective Design Standards for modifying eligible historic resources for single family and two family residential development.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
B. Mayor Salwan opened consideration of a Public Hearing (Published Notice) To Consider a Proposed General Plan Amendment From Regional Commercial to Tech Industrial, Corresponding Rezoning from Commercial – Regional (C-R) to Tech Industrial (I-T), Discretionary Design Review, to Facilitate the Development of an Approximately 70,000- Square-Foot Industrial Building; and to Consider a Draft Negative Declaration Prepared and Circulated for the Project in Accordance With the Requirements of the California Environmental Quality Act (CEQA). (Palisade Fremont Boulevard - Fremont Boulevard & Ice House Terrace - PLN2024-00080)
Senior Planner James Willis and Economic Development Director Donovan Lazaro provided the staff presentation and responded to question from Councilmembers. The Applicants, North Palisade Partner John Petersen, and HPA Architecture Architect Teresa Goodwin shared a presentation, along with the following consultants via Zoom: ESA Technical Expert Karl Heisler, Fehr & Peers Traffic Consultant Sam Tabibnia, Kier + Wright Civil Engineer Tim Murphy, and Landscape Architect Kienan Hermanew, and responded to questions from Councilmembers. Mayor Salwan opened the public hearing. The following people commented:
Olegario Guzman (LIUNA), Victor De La Torre (LIUNA), Eddie Torres (LIUNA), Oscar Mazariegos (Nor Cal Carpenters Union), Joe Maraspini (Nor Cal Carpenters Union), and Cindy Bonior (Fremont Chamber of Commerce). There being no additional speakers, Mayor
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Salwan closed the public hearing. This was followed by questions and comments from Councilmembers. The applicant was provided a rebuttal & comment period. This was followed by questions and comments from Councilmembers.
On a motion by Councilmember Zhang, seconded by Councilmember Keng, the City Council:
1. Held public hearing;
2. Found, in accordance with CEQA Guidelines Section 15074 that it has considered received during the public review process, that is was prepared in accordance with the requirements of CEQA, that there is no substantial evidence that the project will have a significant effect on the environment, and that this action reflects the independent judgment and analysis of the City of Fremont;
3. Found that the General Plan Amendment conforms with and contains the requirements provided for in the City’s planning processes, constitutes a suitable and logical change in the plan for physical development of the City of Fremont, and is in the public interest;
4. Found the project is in conformance with the relevant provisions contained in the City’s General Plan, including the designated goals and polices set forth in the Land Use, Mobility, and Economic Development Chapters of the General Plan as enumerated in the staff report;
5. Found that the project plans as shown in Exhibit “D” fulfill the applicable requirements set forth in the Fremont Municipal Code;
6. Adopted Resolution No. 2025-03 approving a General Plan Amendment to change the land use designation from Regional Commercial to Tech Industrial, as shown in Exhibit “B” to the staff report;
7. Introduced an ordinance rezoning the project site from Regional Commercial (C-R) to Tech Industrial (I-T) based upon the findings and subject to the conditions of approval set forth in Exhibit “F” to the staff report; additionally, the applicant shall make a community benefits contribution to the City in the amount of $100,000.00, payable in a lump sum upon the issuance of the first building permit for the project.
8. Directed staff to prepare and the City Clerk to publish a summary of the ordinance.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
6. OTHER BUSINESS – None.
7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees – None.
C. Legislative Actions – None.
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D. Report on Committee Assignments
Councilmembers reported on their various meetings.
8. ADJOURNMENT: There being no further business, Mayor Salwan adjourned the meeting at 9:25 p.m.
Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk RAJ SALWAN, Mayor
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MINUTES
FREMONT CITY COUNCIL MEETING
FEBRUARY 4, 2025
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
7:00 P.M.
TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Vice Mayor Campbell from:
Washington Marriott at Metro Center
775 12th Street, NW, Business Center
Washington, DC 20005
1. PRELIMINARY
A. Call to Order: Mayor Salwan called the meeting to order at 7:00 p.m.
B. Flag Salute: Councilmember Keng led the salute to the flag.
C. Roll Call: Mayor Salwan, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Zhang and Liu
D. Announcements by Mayor/City Manager/City Attorney
Mayor Salwan announced the Boards and Commissions vacancies.
City Manager Shackelford shared information regarding items of Council/community interest.
E. Report Out of Closed Session – None.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.
On a motion by Councilmember Shao, seconded by Councilmember Keng, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
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* B. Approval of Minutes – None.
* C. Mayor Salwan opened consideration of Second Reading and Adoption of an Ordinance of the City of Fremont Amending Fremont Municipal Code Sections 9.60.040 and 9.60.130 to Revise the Rent Review Program Administration Fee, and the Notice Requirements for Residential Rent Increases to Conform with State Law.
On a motion by Councilmember Shao, seconded by Councilmember Keng, the City Council adopted Ordinance No. 02-2025 amending Chapter 9.60 of the Fremont Municipal Code.
Ayes: Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: Mayor Salwan (business/property interest)
Abstain: None
* D. Mayor Salwan opened consideration of Second Reading and Adoption of an Ordinance of the City of Fremont Amending Fremont Municipal Code Title 18 (Planning and Zoning) to Comply with State Law and Implement Program 4 of the City’s 2023-2031 Housing Element; and Making Findings of CEQA Exemption (PLN2025-00074).
On a motion by Councilmember Shao, seconded by Councilmember Keng, the City Council adopted Ordinance No. 03-2025 amending Title 118 (Planning and Zoning) to comply with state law and implement Program 4 of the City’s 2023-2031 Housing Element.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* E. Mayor Salwan opened consideration of Second Reading and Adoption of an Ordinance of the City of Fremont Rezoning a 4.2-Acre Site at the Southeast Corner of Fremont Boulevard and Ice House Terrac4 from Regional Commercial (C-R) to Tech Industrial (I-T), to Allow Development of an Approximately 69,872-Square-Foot Industrial Building and Making Findings of Adoption of Negative Declaration.
On a motion by Councilmember Shao, seconded by Councilmember Keng, the City Council adopted Ordinance No. 04-2025 rezoning the project site from Regional Commercial (C-R) to Tech Industrial (I-T).
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
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* F. Mayor Salwan opened consideration of Authorizing the City Manager, or Her Designee, to Execute Service Agreements for Technical Project Design and Environmental Clearance Services in Conjunction With a Multifamily Residential Development at the City-Owned Property at the Southwest Corner of Fremont Boulevard and Decoto Road; and Find That This Funding Action is Not a Project Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b) as it Can be Seen With Certainty That There is No Possibility That Authorization of These Agreements Will Have a Significant Effect on the Physical Environment.
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.
On a motion by Councilmember Shao, seconded by Councilmember Keng, the City Council authorized the City Manager, or her designee, to execute service agreements for technical project design and environmental clearance services with KTGY, Inc., Lamphier-Gregory, Inc., CBG, and Hexagon Transportation Consultants in a combined not-to-exceed amount of $851,488 and to reallocate $1,107,488 from PWC8811-501, Strategic Investment Opportunity, to PWC9112-501, Fremont-Decoto Land Development Plan, to fund the project design and environmental clearance consultant services and staff costs associated with overseeing the planning process.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* G. Mayor Salwan opened consideration of Authorizing the City Manager, or her Designee, to Issue Purchase Orders for Annual Operating Payments/Renewals and Execute Implementing Documents with EBRCSA for Use of the Public Safety Radio Communications System.
On a motion by Councilmember Shao, seconded by Councilmember Keng, the City Council authorized the City Manager, or her designee, to issue a purchase order for the annual operating payment to EBRCSA in an amount not-to-exceed $319,920 for the one-year period effective July 1, 2024, through June 30, 2025, and execute implementing documents as necessary.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
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3. CEREMONIAL ITEMS
A. Proclamation: Congenital Heart Defect Awareness Week – February 7 -14, 2025
B. Resolution: Honoring GIS Specialist II/Data Coordinator Ruby Wun for Forty-Three Years of Service Upon her Retirement
C. Resolution: Honoring GIS and Addressing Manager John Leon for Thirty-Six Years of Service Upon his Retirement
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 Salwan opened the public comment period. The following people commented: John Hinds, Barb Howard, John Burner (St. Anne Church St. Vincent de Paul), Stanley Gu, Joanne Schwab, Liz Ames (BART Director), Leila Borja (Holiday Inn Express & Suites (provided a hand-out)), Freeway (Wood Street Commons/Oakland Homeless Union), Sundari Yanajanram, Sr. Annette (Compassionate Fremont), Mari-Lyn Harris (FFE), Sister Jane Rudolph, Arsh Shah, Judith Zlatnik, Rev. Greg Ward (Mission Peak U.U. Congregation), Jenna Daugherty, John R. Smith (Niles Discovery Church (provided a hand-out)), Elizabeth Schaefer (Mission Peak Unitarian Universalist Congregation (president)), Erik Parks (provided a hand-out), Valerie Stewart (Mission Peak UU Congregation), Steve Skala, Kate Amon (Fremont For Everyone), Margaret ‘Peggy’ Rahman (National Alliance on Mental Illness Alameda County (provided a hand-out)), Katherine Rubie (provided a hand-out), Monica, Antonio U, Richard Godfrey (Tri City Ecology), Joanne Kemp, Barbara J. Tay (Braided Bridges), Elizabeth Buffington (unhoused resident), Lisa Danz (Fremont for Everyone), Caroline Harris (Tri City Ecology Center), Terry McGregor, and William Yragui. There being no additional speakers, Mayor Salwan closed the public comment period.
5. SCHEDULED ITEMS – None.
6. OTHER BUSINESS – None.
7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals
1. Mayor Salwan opened consideration of Mayor Salwan Referral: Requesting Adoption of a Resolution to Update Council Assignments to Outside Committees, Commissions, and Boards
On a motion by Councilmember Shao, seconded by Councilmember Keng, the City Council adopted Resolution No. 2025-04 designating Council assignments to outside committees,
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commissions, and boards and to update the exhibit to also reflect changes to contact information, meeting frequency and/or stipends for the various entities.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
B. Appointments to Boards, Commissions, Committees
1. Mayor Salwan opened consideration of Mayor Salwan Referral: Appointment and Reappointment to Advisory Bodies.
APPOINTMENT:
Advisory Body Appointee Term Expires
Economic Development Advisory Commission Toni Marcos 12/31/2025 Commercial/Industrial Representative
REAPPOINTMENT:
Advisory Body Appointee Term Expires
Senior Citizens Commission Kathleen Fischer 12/31/2028
On a motion by Councilmember Shao, seconded by Councilmember Kimberlin, the City Council approved appointment and reappointment.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
C. Legislative Actions – None.
D. Report on Committee Assignments
Councilmembers reported on their various meetings.
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8. ADJOURNMENT: There being no further business, Mayor Salwan adjourned the meeting at 8:15 p.m.
Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk RAJ SALWAN, Mayor
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Attachment: Draft Minutes (5371 : Approval of Minutes - 2025-01-07 - 2025-02-04) Fremont City Council Meeting: 02/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5358) DOC ID: 5358
Updated: 2/14/2025 9:18 AM by Susan Gauthier Page 1
PURCHASE OF CHEMICAL IDENTIFICATION ANALYZER – Authorize the City Manager to Purchase Chemical Identification Analyzer from Fisher Scientific Through a Cooperative Agreement with NASPO, for an amount not to exceed $189,176
Contact Persons:
Name: Heather Mozdean Donna Do
Title: Deputy Fire Chief Management Analyst II
Div/Dept: Fire Department Fire Department
Phone: (510) 494-4200 510-494-4200
E-Mail: [email protected] [email protected]
Executive Summary: Staff seeks City Council approval to purchase a Chemical Identification Analyzer from Fisher Scientific in the amount of $189,176 through a NASPO Value Point cooperative agreement.
BACKGROUND: A significant upgrade to our chemical identification capabilities is long overdue. One of our machines expired in 2013 and is no longer supported, while our current FTIR and Raman devices are outdated and inefficient, often requiring up to 45 minutes to identify chemicals. Furthermore, these older systems lack the credibility needed for court proceedings, limiting their practical use in investigations. To address these challenges, the department conducted a comprehensive evaluation of available technologies and applied for grant funding to modernize our equipment.
Through the U.S. Department of Homeland Security’s (DHS) Urban Areas Security Initiative (UASI) program, the City was awarded $190,000 in July 2024 to fund the purchase of a new Chemical Identification Analyzer. This funding is administered by DHS through the Homeland Security Grant Program (HSGP) to support regional preparedness and address the unique needs of high-threat, high-density urban areas.
DISCUSSION/ANALYSIS: The new Gemini with LowDoseID Chemical Identification Analyzer is a modern solution for hazardous material identification. It combines both Fourier transform infrared (FTIR) and Raman spectroscopy technologies, allowing the rapid identification of over 13,000 chemicals, including hazardous solids, liquids, and gases, in as little as 1-2 minutes. This functionality eliminates the risks associated with transporting hazardous substances for off-site analysis and provides court-admissible data, enhancing the credibility of our operations. The LowDoseID capability further allows for the identification of substances with extremely low concentrations, such as trace amounts of fentanyl, significantly improving responder safety during chemical and drug-related incidents.
By replacing outdated systems with this handheld, cutting-edge analyzer, the Fremont Fire Department will be equipped to respond swiftly and accurately to chemical and hazardous material incidents, including potential terrorist threats. This upgrade will align our operations with those of neighboring jurisdictions, improving interoperability, efficiency, and safety.
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Fremont Municipal Code Section 3.20.310(b) authorizes the City to dispense with competitive bidding and use the terms of another governmental contract (“piggyback”) to buy equipment or services. To qualify, the governmental contract must have resulted from procurement methods similar to those required by the City’s Purchasing Ordinance and the terms of the governmental contract must be consistent with the City’s contract terms.
NASPO ValuePoint is a public entity with a national cooperative procurement program offering its member agencies access to publicly solicited contracts. As a member of NASPO ValuePoint, the City has the opportunity to realize cost savings by utilizing existing NASPO ValuePoint contracts.
The solicitation method meets the requirements of the City’s Purchasing Ordinance and the terms of purchase in the recommended City contract with Fischer Scientific are materially the same as those of the Fischer Scientific contract with NASPO ValuePoint and consistent with the City’s contract terms. As specified in the Purchasing Ordinance, the Finance Director and the City Manager have approved the proposed use of the NASPO ValuePoint contract with Fischer Scientific.
By leveraging this cooperative agreement, the City benefits from the time- and cost-saving advantages of a streamlined procurement process while ensuring compliance with purchasing requirements. The pre-negotiated pricing through NASPO ValuePoint reflects substantial cost savings.
FISCAL IMPACT: The City Council previously appropriated $190,000 in the Federal Operating Grants Fund (Fund 191) for this purpose. There is no matching fund requirement.
ENVIRONMENTAL REVIEW: The action recommended in this report is not a project subject to review under the California Environmental Quality Act (CEQA) per CEQA Guideline section 15378(b)(2) as it is an administrative and funding activity of government.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager or Designee to issue a purchase order to Fischer Scientific for an amount not to exceed $189,176 to purchase a Chemical Identification Analyzer through a cooperative agreement with NASPO ValuePoint.
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Fremont City Council Meeting: 02/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5365) DOC ID: 5365
Updated: 2/13/2025 8:11 AM by Susan Gauthier Page 1
REPAIR OF FIRE ENGINE 59 - Authorize the City Manager to Amend a Purchase Order with Golden State Fire Apparatus Increasing the Amount by $285,351 to Repair Fire Engine 59
Contact Persons:
Name: Corina Campbell Heather Mozdean
Title: Business Manager Deputy Fire Chief
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4200
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to authorize the City Manager or designee to issue a change order increasing the amount of the purchase order with Golden State Fire Apparatus by $285,351 for repairs to Fire Engine 59 (E59).
BACKGROUND: On April 13, 2024, at approximately 7:00 am, the Fire Department responded to a minor traffic accident on the right-hand shoulder at the I680 exit to Andrade Road. E59 was the first on scene, and shortly after arriving was struck from behind by a vehicle. Subsequently, a second vehicle swerved across all lanes of traffic striking E59 along with the vehicle that had previously hit it. A tow truck was requested for E59 which sustained significant damage that placed it out of service.
DISCUSSION/ANALYSIS: Repairs for the engine can only be performed by the manufacturer, Golden State Fire Apparatus, therefore the engine was delivered to them. A purchase order was issued for $32,861 to cover the transport and inspection cost. The repair cost is $285,351, and the City’s insurance has a $250,000 deductible. The repairs have taken place, and the Engine is back in service. The insurance carrier, and the City’s Risk Management staff are pursuing additional cost recovery from the drivers who caused the damage.
FISCAL IMPACT: Current year budgeted appropriations in the Fire Capital Replacement Fund (F615) are sufficient to pay for the cost of the repairs. Amounts recovered through insurance carriers will be used to reimburse the Fire Capital Replacement Fund.
ENVIRONMENTAL REVIEW: The actions recommended in this report are not projects subject to review under the California Environmental Quality Act (CEQA) per CEQA Guideline section 15378(b)(2) as they are administrative activities of government.
ATTACHMENTS: None.
RECOMMENDATION: Authorize City Manager or designee to increase the existing Purchase Order to Golden State Fire Apparatus by $285,351.
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Fremont City Council Meeting: 02/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Code Enforcement
Fremont, CA 94538 Category: Fees & Rates
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5356) DOC ID: 5356
Updated: 2/14/2025 9:21 AM by Susan Gauthier Page 1
BUILDING APPEALS BOARD AMENDMENT TO MASTER FEE SCHEDULE – Public Hearing (Published Notice) to consider an Amendment to Master Fee Resolution 8672 (Master Fee Schedule) to Amend the Fee for Appeals to the Building Appeals Board
Contact Persons:
Name: David Wage Mike Wayne
Title: Code Enforcement Manager/Senior
Planner
Building Official
Div/Dept: Code Enforcement Building Inspection
Phone: 510-494-4447 510-494-4487
E-Mail: [email protected] [email protected]
Executive Summary: In September 2024, the Council took action to create the three- member Building Appeals Board to hear and decide appeals of orders, decisions, and determinations by the Building Official and Fire Chief/Fire Marshall. To recover City costs associated with appeals, a fee of $2,101 was adopted for all appeals to the Building Appeals Board. Staff is recommending replacing the single appeal fee of $2,101 with three separate appeal fees for appeals to the Building Appeals Board: $335 for appeals of administrative citations; $770 for appeals of a building official determination and any other non-specified appeals; and actual cost with a $960 deposit for appeals of a notice and order to abate nuisance or notice and order to vacate.
DISCUSSION/ANALYSIS: Staff is recommending replacing the adopted fee of $2,101 to make an appeal to the Building Appeals Board with separate appeal fees for: appeals of administrative citations, appeals of building official determinations or other non-specified appeals, and appeals of a notice and order to abate nuisance or notice and order to vacate.
All these appeals are heard by the Building Appeals Board; however, they typically involve different staff persons and vary in average degree of complexity, which is reflected in the average amount of time required to prepare for and conduct an appeal hearing. Replacing the single appeal fee with separate fees for each type of appeal will more accurately reflect the actual cost of an appeal hearing.
For appeals of administrative citations related to the Building or Fire Code, staff is proposing a flat fee based of $335 on average staff time to process the appeal and participate in the appeal hearing. A similar fee of $770 is proposed for appeals of a Building Official determinations or other non-specified appeals. The proposed fees would include time spent by Development Cost Center staff involved in processing appeals and staffing the appeal hearing, primarily Building Division staff, but not Code Enforcement staff or City Attorney’s Office staff which are budgeted in the General Fund. Excluding Code Enforcement and City Attorney staff costs would ensure there is not a significant barrier to due process and is like other City flat appeal fees, which do not include the full cost of processing an appeal. These appeal fees would include a cost adjuster to automatically adjust for inflation annually.
For appeals of a notice and order to abate nuisance or order to vacate, staff is proposing a deposit-based fee and billing after the hearing. The amount of the initial deposit would be
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$960, again based on average time spent by staff other than Code Enforcement and the City Attorney’s Office. There can be substantial variation in the complexity and amount of time required for this type of appeal. A deposit and billing for actual amount of time spent would ensure that the cost to an appellant is consistent with staff’s cost to process the appeal. If those costs are less than the $960 deposit, the remaining balance would be refunded to the appellant. This methodology is like that used to set other City deposit-based appeal fees such as appeals of land development projects.
FISCAL IMPACT: Staff is recommending replacing the single appeal fee of $2,101 for all appeals to the Building Appeals Board with three separate appeal fees: $335 for appeals of administrative citations, $770 for appeals of a building official determination s or other non- specified appeals, and a $960 deposit for appeals of a notice and order to abate nuisance or notice and order to vacate. Appeal fees will cover the cost of Development Cost Center staff.
Costs for Code Enforcement and City Attorney staff will not be charged to the appellant; however, staff has received an average of only three appeals per year that would go to the Building Appeals Board based on data from the past five years, so the proposed fee amendments are not expected to have a significant fiscal impact.
ENVIRONMENTAL REVIEW: The proposed fee for the Building Appeals Board hearing is exempt from the requirements of 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.
ATTACHMENTS:
• Exhibit A - Draft Resolution Building Appeals Board Fees
RECOMMENDATION: Staff recommends adopting the resolution attached as Exhibit A, approving an amendment to Master Fee Resolution 8672 (Master Fee Schedule).
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Resolution 2025-XX Page 1 of 2
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
AMENDING SECTIONS I (GENERAL AND MISCELLANEOUS) OF THE
MASTER FEE SCHEDULE REGARDING APPEALS RELATED TO
TITLE 15 (BUILDINGS AND CONSTRUCTION)
WHEREAS, on March 1, 1994 the City Council adopted Resolution No. 8672, as amended from time to time, establishing the City’s Master Fee Schedule, fixing and establishing fees, rates and charges for goods and services provided by the City of Fremont; and WHEREAS, on September 17, 2024, the City introduced Ordinance No. 07-2024 to create a local building appeals board pursuant to Section 1.8.8 of the 2022 California Building Code and California Health and Safety Code Sections 17920.5 and 17920.6; and WHEREAS, on September 17, 2024, the City Council adopted Resolution No. 2024-38 amending the Master Fee Schedule and establishing a fee of $2,101 for all appeals to the Building Appeals Board; and
WHEREAS, the Building Appeals Board flat appeal fee of $2,101 is being replaced with separate appeal fees for administrative citations, Building Official determinations or other non- specified appeals, and notice and order to abate nuisance or notice and order to vacate to more specifically reflect the actual hearing cost of the Building Appeal Board hearing.
NOW, THEREFORE, based on the information set forth in the report to City Council dated February 18, 2025, as well as any information submitted to the City Council during the public hearing, or considered by the City Council during its deliberations on this matter, the City Council of the City of Fremont hereby resolves as follows:
SECTION 1. Section I, P., General and Miscellaneous, of the Master Fee Schedule is amended to rescind the existing $2,101 Building Appeals Board fee and replace it with three appeal fees as follows:
Section I.P.9. – Building Appeals Board
• Section I.P.9.a – Administrative Citation Appeals: Fee at a rate equivalent to 1½-hour at the Administrative Assistant classification hourly rate at step 5 and 1-hour of the Building Official hourly rate at the top of the pay range as specificized in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar.
Fee Basis and Amount: $335 Flat Fee per Citation
• Section I.P.9.b – Building Official Decisions/Determinations or Other Non-specified Appeals: Fee at a rate equivalent to 1½-hour at the Administrative Assistant classification hourly rate at step 5, 3-hours of the Plan Check Professional classification hourly rate at
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Attachment: Exhibit A - Draft Resolution Building Appeals Board Fees (5356 : BUILDING APPEALS BOARD AMENDMENT TO MASTER FEE
Resolution 2025-XX Page 2 of 2
step 5, and 1-hour of the Building Official hourly rate at the top of the pay range as specificized in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar.
Fee Basis and Amount: $770 Flat Fee per Item
• Section I.P.9.c – Notice/Order to Abate Nuisance & Order to Vacate: Appeal of Building Official determination/decision to Building Appeals Board based on FMC Title 15 (Building & Safety). Development Services Billing Process specified in Section I.H is applicable to Building Official determinations/decisions based on FMC Title 15 (Building & Safety).
Fee Basis and Amount: Actual Cost of Appeal, except costs for Code Enforcement and City Attorney staff time will not be charged to the appellant; $960 Deposit
SECTION 2. The Master Fee Schedule (as adopted by Resolution No. 8672, and as amended thereafter) is on file in the Office of the City Clerk.
ADOPTED ____________, 2025, by the City Council of the City of Fremont by the following vote, to wit, and to be effective 60 days following this date:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney
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Attachment: Exhibit A - Draft Resolution Building Appeals Board Fees (5356 : BUILDING APPEALS BOARD AMENDMENT TO MASTER FEE Fremont City Council Meeting: 02/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5360) DOC ID: 5360
Updated: 1/30/2025 6:51 PM by Susan Gauthier Page 1
COUNCILMEMBER YANG SHAO REFERRAL: Proposal for Policy on Limiting City Government Engagement to Local Issues
Contact Persons:
Name: Yang Shao
Title: Councilmember
Div/Dept: City Council
Phone: 510-284-4019
E-Mail: [email protected]
Councilmember Shao Referral: Policy on Limiting City Government Engagement to Local Issues.
Purpose: The purpose of this referral is to instruct city staff to draft a policy that establishes Fremont's local government as focused on addressing issues directly related to the City and the needs of its residents. This policy will underscore Fremont’s commitment to concentrating on issues within its jurisdiction, prioritizing services, infrastructure, and other local concerns that impact our community directly.
Background: As a city government, Fremont's resources and attention should be directed toward matters that directly influence the well-being and quality of life of our residents.
Issues of international concern, while important, are generally outside the city’s ability to influence and may detract from our ability to address pressing local challenges such as housing, infrastructure, public safety, and economic development.
Proposal: Direct staff to draft a Council policy inclusive of the following components:
1. Limit City Involvement to Local Matters: The City of Fremont would officially adopt a stance of neutrality on international affairs, focusing instead on issues that are within the city's jurisdiction and that directly affect the community.
2. Encourage Local Impact: City Council agendas and discussions would prioritize actionable items related to city governance, including housing, transportation, public safety, community services, and environmental sustainability.
3. Streamline Resources: City resources, including staff time and financial resources, would be optimized to address issues that align with Fremont’s direct responsibilities and capabilities, thus ensuring maximum impact on Fremont residents.
This policy would be intended to ensure that the City Council focuses on local governance and priorities that yield the most benefit for Fremont residents. This approach would also be intended to promote unity, helping the Council to function as a cohesive entity focused on shared, practical concerns for our diverse community.
Requested Action: Direct staff to develop a policy for City Council consideration that emphasizes Fremont’s commitment to addressing local matters and refrains from taking
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Council Staff Report (ID # 5360) Meeting of February 18, 2025 Updated: 1/30/2025 6:51 PM by Susan Gauthier Page 2
positions on international affairs. Please bring forward a draft policy and staff recommendations on implementing this focus. The policy should be presented to the Council at an upcoming meeting for discussion and possible adoption.
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Fremont City Council Meeting: 02/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5375) DOC ID: 5375
Updated: 2/14/2025 8:56 AM by Susan Gauthier Page 1
MAYOR SALWAN REFERRAL: Appointments to Advisory Bodies Contact Persons:
Name: Raj Salwan
Title: Mayor
Div/Dept: City Council
Phone: 510-284-4082
E-Mail: [email protected]
MAYOR SALWAN REFERRAL: Appointments to Advisory Bodies.
ATTACHMENTS:
• Environmental Sustainability Commission Application_Environmental Organization
APPOINTMENTS:
Advisory Body Appointee Term Expires
East Bay Regional Park District Liaison Committee Narda Mamou 12/31/2027 Recreation Commission, Primary Representative
East Bay Regional Park District Liaison Committee Elissa Winters 12/31/2027 Recreation Commission, Alternate Representative
Environmental Sustainability Commission Abe Mazliach 12/31/2028 Environmental Organization Representative
RECOMMENDATION: Approve appointments.
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-aC-
Freriibnt
Environmental Sustainability
Gommission Application
Submit application to:
Office of the City Clerk
3300 CapitolAvenue, Building A
P.O. Box 5006
Fremont, CA 94537-5006
Or emailto:
Personal lnformation:
Mr. A
Mrs. O
Ms. O
Name: Mazliach Abe
Last First
Home Address:
Sfrcef City
Home Tetephone: 893 Work Telephone:
E-mait: cbell.net Fa*,
MI
Sfafe
N/A
Zip
Resident of the City of Fremont: 31 years
Commissioners with specific expertise/experience are sought for four of the seats, including D Student (high school or college)
C Business Community
O DevelopmenUConstruction lndustry
A Environmental Organization
The other three seats are intended for the public-at-large. All Commissioners must reside in Fremont, Please check one of the above.
Demographic lnformation :
Ethnicity:
n American lndian or Alaskan Native
r: Black or African American
I Afghan
n Mexican
n lndian
n Chinese
N White
I Vietnamese
t,l I-ilrprno
n Pakistani
I
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Attachment: Environmental Sustainability Commission Application_Environmental Organization (5375 : Mayor Salwan Referral: Appointments I Other Asian origin: _ (write-in optional)
n Other African origin (write-in optional)
a Other Hispanic, Latino, or Spanish origin
Gender:
(write-in optional)
I tr/ale
E Female
fl Prefer to self-identify
E Prefer not to say
Language(s) Spoken. English
Background lnformation :
\Mty do you wish to serve as a member of this Board or Commission? l'm passionate about improving our environment so that our children and future generations have a livable world. I have attended almost every meeting of the Environmental Sustainability Commission over the last couple of years to support the adoption of Fremont's Climate Action Plan, Climate Ready Fremont, and other sustainability causes.
What would you bring by way of perspective or experience to this Board or Commission? I've lived in Fremont for 31 years and want the city to continue being a leader in fighting climate change. I've been a co-lead for the Silicon Valley East chapter of Citizens' Climate Lobby, a national non-profit, non-partisan organization working to build the political willfor bold climate action, for four years. I am familiar with the technology on building electrification and other sustainability solutions, as well as, the benefits of the lnflation Reduction Act tax incentives and rebates.
EmploymenUVolunteer lnformation :
Please list any qualifications you feel would provide positive input to the work of the Board or Commission.
Organization: Citizens' Climate Lobby Dates: 2020 - Current Location: Fremont, CA Position(s) Chapter Lead, Liaison Responsibilities/accomplishments :
Welcoming new members to the chapter, plan and lead the monthly chapter meetings, menlor existing members, communicate climale related events and articles to chapter and national CCL members. As the Congressional District 14 liaison, have been working with Congressman Eric Swalwell's staff to endorse climate change legislation. With the help of District 14 constituent letters and calls to Congressman Swalwell, the Congressman co-sponsored the Energy lnnovalion and Carbon Dividend Act of 2023 (H.R.5744).
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Attachment: Environmental Sustainability Commission Application_Environmental Organization (5375 : Mayor Salwan Referral: Appointments Organ ization: Temple Beth Torah Dates: 712018 - 612020 Location: Fremont, CA Position(s). Ways and Means Director Responsibilities/accomplishments:
rector of fund raising committees to support the financial needs of Temple Beth orah. Held previous positions of Membership Director and President of the Brotherhood group
Organization' Toastmasters lnternational Dates: 712013 - 112024 Location: Fremont, CA Position(s): Division and Area Director Responsibilitieslaccomplishments:
I have led the CBC Toastmasters club, Fremont, CA and Toastmasters District 57 with the goal of supporling club member's speaking and leadership growth. Held previous positions of Club President, VP of Marketing and Membership.
Organization Project Management lnstitute Dates: 812016 - 8/2022 Location: Fremont, CA Position(s): Project Management Professional Responsibilities/accomplishments:
Studied project management as part as my position at AT&T. Achieved Project Management Professional (PMP) cerlification.
Community Activities you have been involved with (feelfree to attach separate pages):
Fremont Police Department VIPS Volunteer 2012 - 2A15
NgXtDOOf Founderand Lead of the Mission San Jose neighborhood 7t2011 - Present Name of Organization Position/Responsibilities/Accomplishments Facing History and Ourselves Speaker to local students
Dates
2015 - 2020
Name of Organization
-3-
DatesP o s i ti o n /Re s pon s i b i I i ti e s/Accom p I i s h m e n t s
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Attachment: Environmental Sustainability Commission Application_Environmental Organization (5375 : Mayor Salwan Referral: Appointments SpecialAwards or Recognitions you have reeeived:
Listee, Marquis Who's Who, issued7l2O24
istinguished Toastmaster (DTM), achieved 8121 /2020
Management Professional (PMP), achieved 812016
Education lnformation :
San Jose State University M.S. Computer Sciences 1975
m
Southern lllinois University B.A. Mathematics 1969
F.,effi
Additional lnformation: (Please provide any other information which you feelwould be useful to the City Council in reviewing your application.)
been active in the Fremont community for the 31 years I have lived here. I was one the citizen members in the commission to design the Aqua Adventure Water Park. I participate in local gatherings to suppoft the fight against discrimination, hate, violence, and climate change. I am retired after working for AT&T and have the me, energy and experience to serve as a member of the Environmental Sustainability Civic service is a privilege and responsibility of interested, qualified, sincere citizens. The value and importance of wide participation of a large number of citizens cannot be measured. Your interest in serving on a board or commission of the City of Fremont is greatly appreciated.
General lnformation: Your application is a public document and will be kept on file for one year lf you would like additional information, please call the City Clerk's Office at (510) 284-4060.
Please sign and date your application and submit to the Office of the City Clerk.
Thank you
Sig Date
-4-
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Attachment: Environmental Sustainability Commission Application_Environmental Organization (5375 : Mayor Salwan Referral: Appointments