19:00:47 >> Mayor Mei: GOOD EVENING. WELCOME TO THE 19:00:51 OCTOBER 19TH CITY COUNCIL MEETING. 19:00:54 AND I'D LIKE TO CALL THE MEETING TO ORDER. AND I'D LIKE TO 19:00:58 ASK COUNCILMEMBER KENG TO LEAD US IN THE PLEDGE. 19:01:09 >> Councilmember Keng: PLEASE RISE. I PLEDGE ALLEGIANCE 19:01:14 TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, 19:01:18 INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. 19:01:26 >> Mayor Mei: MAY I ASK FOR A ROLL CALL VOTE, PLEASE? 19:01:33 >> Ms. Gauthier: COUNCILMEMBER COX, PRESENT. COUNCILMEMBER SALWAN 19:01:36 , PRESENT. COUNCILMEMBER 19:01:39 KASSAN, HERE. COUNCILMEMBER JONES 19:01:42 , HERE. COUNCILMEMBER KENG 19:01:45 , PRESENT. VICE MAYOR SHAO, PRESENT 19:01:48 . MAYOR MEI, HERE. AND AT THIS TIME, 19:01:51 I'D LIKE TO SHARE AGAIN THAT THERE ARE VACANCIES ON OUR BOARDS AND COMMISSIONS 19:01:55 . THE CITY CLERK'S OFFICE ACCEPTS APPLICATIONS THROUGHOUT 19:01:58 THE YEAR, AND YOU CAN LEARN MORE ABOUT THOSE ON OUR WEBSITE 19:02:03 , THE COMMISSIONS AND -- BOARDS, COMMISSIONS AND COMMITTEE 19:02:06 S PAGE ON FREMONT.GOV OR PLEASE FEEL FREE TO 19:02:09 CONTACT THE CITY CLERK'S OFFICE AT 510- 19:02:13 284-4060. MEMBERS OF THE PUBLIC WISHING TO 19:02:16 SPEAK THIS EVENING MAY DO SO IN THE ELECTRONIC MEETING BY 19:02:19 PRESSING THE RAISE HAND ICON IN ZOOM, 19:02:22 OR IF YOU'RE CALLING IN, BY DIALING STAR NINE. 19:02:25 AND I'LL MAKE AN ANNOUNCEMENT AT THE BEGINNING OF EACH SECTION OF THE 19:02:28 AGENDA. EMAILS SUBMITTED TO CITY CLERK ARE COMPILED 19:02:32 AND DISTRIBUTED TO THE CITY COUNCIL AND STAFF AND ARE 19:02:36 PUBLISHED IN OUR CITY AGENDA CENTER ON FREMONT.GOV 19:02:39 , AND WILL BE PLACED ON FILE AND CONSIDERED PART OF THE PUBLIC RECORD 19:02:43 . I'D LIKE TO ANNOUNCE THAT THIS MEETING WILL GO UNTIL 19:02:47 11:30 IF NEEDED. WE WILL ALLOW FOR 30 MINUTES OF PUBLIC 19:02:50 COMMENT IN THE BEGINNING AND THEN IF NEEDED, WE 19:02:53 CAN -- IF THERE ARE ADDITIONAL SPEAKERS FOR ORAL COMMUNICATIONS AFTER THE 19:02:56 INITIAL 30 MINUTES, WE'LL ALLOW FOR THOSE ADDITIONAL SPEAKERS AT THE END OF 19:02:59 THE MEETING, IF TIME REMAINS. I WILL NOW TURN THE MEETING OVER 19:03:03 TO OUR INTERIM CITY MANAGER, BRIAN STOTT, FOR INTRODUCING 19:03:06 HIS STAFF AT THIS TIME. WELCOME. >> Mr. Stott: GOOD 19:03:09 EVENING, MAYOR, MEMBERS OF THE CITY COUNCIL. BY WAY OF INTRODUCTION 19:03:12 , I AM JOINED BY MY COLLEAGUE, DEBRA MARGOLIS, THE 19:03:15 INTERIM CITY ATTORNEY, AS WELL AS SUSAN GAUTHIER, 19:03:18 THE CITY CLERK, AND I DON'T HAVE ANY ANNOUNCEMENTS TODAY. THANKS 19:03:22 . >> Mayor Mei: THANK YOU. AND AT THIS TIME, I'D LIKE 19:03:25 TO ADDRESS THE CONSENT CALENDAR. AND THOSE 19:03:28 ARE ITEMS THAT WILL BE PASSED WITH ONE COUNCIL VOTE AND THE STAFF 19:03:31 RECOMMENDATION WILL STAND. IS THERE ANY MEMBER 19:03:34 OF THE PUBLIC WHO WISHES TO PULL 19:03:38 OR ADDRESS AN ITEM THAT'S IN THE CONSENT CALENDAR? 19:03:41 >> Ms. Gauthier: FOR THE PERSONS THAT HAVE RAISED THEIR HANDS, IF YOU ARE HERE TO SPEAK ON THE 19:03:45 CONSENT CALENDAR, PLEASE LEAVE YOUR HAND UP. IF YOU'RE NOT 19:03:49 HERE TO SPEAK ON THE CONSENT CALENDAR ITEMS, PLEASE 19:03:52 LOWER YOUR HAND AT THIS TIME. WE'RE ONLY ON THE CONSENT CALENDAR. 19:04:04 >> Mayor Mei: COULD YOU CALL THEM PLEASE TO CHECK WHICH ITEM, 19:04:07 KINDLY? 19:04:11 >> Ms. Gauthier: STEPHANIE, WHICH ITEM ARE YOU HERE TO SPEAK ON? >> HI 19:04:15 . HI. UM, WE HAVE A GROUP OF PEOPLE 19:04:18 HERE THAT WE WOULD LIKE TO ADDRESS THE 19:04:21 5G TOWER HERE. SO I DON'T KNOW IF 19:04:24 THAT'S -- >> Ms. Gauthier: THAT'S UNDER PUBLIC COMMENT. 19:04:27 SO WE'LL COME BACK TO THAT. >> OKAY. 19:04:41 >> Ms. Gauthier: I DON'T SEE ANY OTHER PERSONS WISHING TO REMOVE ITEMS FROM THE 19:04:45 CONSENT CALENDAR. >> Mayor Mei: THEN I'LL TURN IT BACK TO THE COUNCIL, IF THERE'S ANY ITEM 19:04:48 S, OR IF NOT, IF WE CAN GET A MOTION. >> Councilmember Salwan: MOVE 19:04:51 CONSENT. >> Councilmember Jones: MOVE TO APPROVE 19:04:54 . >> Mayor Mei: MOVED BY COUNCILMEMBER SALWAN, SECONDED BY COUNCILMEMBER 19:04:57 JONES. ROLL CALL VOTE, PLEASE. >> Ms. Gauthier: COUNCILMEMBER COX 19:05:00 , AYE. COUNCILMEMBER SALWAN, AYE 19:05:04 . COUNCILMEMBER KASSAN, AYE. 19:05:07 COUNCILMEMBER JONES, AYE. COUNCILMEMBER KENG 19:05:11 , AYE. VICE MAYOR SHAO, AYE 19:05:14 . MAYOR MEI, AYE. SO THE 19:05:17 CONSENT CALENDAR PASSES UNANIMOUSLY. 19:05:20 NEXT, I'D LIKE TO SHARE A CEREMONIAL ITEM, AND IT'S 19:05:24 A PROCLAMATION HONORING 19:05:28 HISPANIC HERITAGE MONTH FOR 2021. AND I'D LIKE TO SHARE 19:05:31 THAT WITH ALL OF YOU. 19:05:38 WHEREAS, HISPANIC HERITAGE MONTH STARTED AS HISPANIC HERITAGE WEEK UNDER FORMER PRESIDENT LYNDON B. 19:05:43 JOHNSON IN 1968 AND WAS EXPANDED BY FORMER PRESIDENT RONALD REAGAN IN 1988 TO COVER A 19:05:46 THIRTY-DAY PERIOD STARTING ON SEPTEMBER 15TH AND ENDING ON 19:05:51 OCTOBER 15TH; AND WHEREAS, HISPANIC HERITAGE MONTH 19:05:54 CELEBRATES THE HISTORIES, CULTURES AND CONTRIBUTIONS OF 19:05:58 AMERICAN CITIZENS AND RESIDENTS WHOSE ANCESTORS CAME FROM SPAIN, 19:06:02 MEXICO, THE CARIBBEAN AND CENTRAL AND SOUTH AMERICA; AND 19:06:06 WHEREAS, THE DIVERSE HERITAGE OF THE HISPANIC COMMUNITY HAS HAD A 19:06:12 SIGNIFICANT ROLE IN THE ECONOMY, CULTURE, EDUCATION, ALL FIELDS, 19:06:16 AND IDENTITY OF THE UNITED STATES AND MADE CONTRIBUTIONS TO 19:06:20 CITY OF FREMONT’S SUCCESS; AND WHEREAS, THE CITY OF FREMONT 19:06:25 RECOGNIZES THE MANY CONTRIBUTIONS AND 19:06:28 ACCOMPLISHMENTS OF THE HISPANIC COMMUNITY, AS WELL AS THEIR DEEP 19:06:33 COMMITMENT TO FAMILY AND COMMUNITY, ENDURING WORK ETHIC, AND A PERSEVERANCE TO SUCCEED 19:06:38 AND CONTRIBUTE TO SOCIETY; AND WHEREAS, THE CITY OF FREMONT 19:06:41 RECOGNIZES THE MANY CONTRIBUTIONS AND ACCOMPLISHMENTS OF THE HISPANIC 19:06:46 COMMUNITY, AS WELL AS THEIR DEEP COMMITMENT TO FAMILY AND 19:06:51 COMMUNITY, ENDURING WORK ETHIC, AND A PERSEVERANCE TO SUCCEED 19:06:57 -- I THINK IT'S REPEATED TWICE. 19:07:02 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT, HEREBY 19:07:05 DECLARES SEPTEMBER 15TH – OCTOBER 15TH, 2021 AS HISPANIC HERITAGE MONTH IN APPRECIATION 19:07:10 OF THE ACCOMPLISHMENTS AND CONTRIBUTIONS MADE BY MEMBERS OF THE 19:07:14 HISPANIC COMMUNITY TO THE CITY OF FREMONT. 19:07:19 THE FREMONT CITY COUNCIL ENCOURAGES ALL CITIZENS TO PROMOTE AND JOIN IN THE 19:07:22 APPROPRIATE CELEBRATIONS AND OBSERVANCES THROUGHOUT THE CITY OF FREMONT. 19:07:27 AND I KNOW WE ARE VERY BLESSED HERE ALSO TO HAVE SEVERAL SPANISH 19:07:30 IMMERSION PROGRAMS AS WELL AS 19:07:33 A WONDERFUL PARENT COUNCIL, AND I LOOK FORWARD TO 19:07:36 HEARING FROM 19:07:40 NARDA MAMOU, WHO'S A FREMONT LEADER IN OUR 19:07:44 HISPANIC COMMUNITY WHO IS GOING TO ACCEPT TONIGHT'S RECOGNITION AND SHARE A FEW 19:07:47 WORDS. THANK YOU SO MUCH. 19:07:56 >> GOOD EVENING. IS IT OKAY TO GO AHEAD 19:07:59 NOW? >> Mayor Mei: PLEASE. AND WELCOME. 19:08:02 >> THANK YOU, MAYOR LILY MEI. FIRST I WOULD 19:08:05 LIKE TO THANK THE FREMONT CITY COUNCIL AND COUNCILWOMAN TERESA COX 19:08:08 FOR THE INVITATION TO ACCEPT FREMONT'S FIRST PROCLAMATION 19:08:11 OF HISPANIC HERITAGE MONTH. ON BEHALF OF OUR 19:08:15 PROUD LATIN COMMUNITY. MY NAME 19:08:18 I'M A PROUD LATINA 19:08:21 IMMIGRANT WITH TWO THRIVING SMALL BUSINESSES IN 19:08:24 FREMONT 19:08:27 . BOTH BUSINESSES PROVIDE PROFESSIONAL CAREER 19:08:30 COUNSELING AND COACHING AND OUR SPECIALTY IS WORKING WITH PEOPLE WITH 19:08:34 DIFFERENT ABILITIES OR, AS WE PREFER 19:08:37 TO SAY, ARE 19:08:41 DRK IFABLED. I AM PROUD TO BUILD A 19:08:44 TEAM OF TALENTED INDIVIDUALS WHO RECOGNIZE THE IMPORTANCE AND NEED FOR 19:08:48 PROFESSIONAL EMPLOYMENT SERVICES TO THOSE WHO 19:08:54 DISADVANTAGED COMMUNITIES. OUR NON-PROFIT'S GOAL FOR 2022 IS TO 19:08:58 EXTEND SERVICES TO THE HOMELESS, RE-ENTRY AND OTHER COMMUNITY MEMBERS WHO WANT 19:09:01 TO ADVANCE THEIR CAREERS. I WAS BORN AND RAISED IN 19:09:04 GUATEMALA AND CAME TO THE U.S. WHEN I WAS 17 TO 19:09:07 VISIT FAMILY IN SAN FRANCISCO. 19:09:10 SINCE I DIDN'T SPEAK ENGLISH I TOOK MY FIRST STEP TO 19:09:17 -- SO WITH THE SUPPORT 19:09:20 OF MY AUNT I ENROLLED IN A PRIVATE ENGLISH AS 19:09:24 SECOND LANGUAGE SCHOOL IN SAN FRANCISCO AND IN ORDER TO PAY FOR IT, I BEGAN 19:09:27 WORKING AS A LIVE-IN NANNY WITH AN 19:09:30 AMERICAN FAMILY AND THIS IS HOW MY IMMIGRATING 19:09:33 STORY BEGAN. I CAME FROM A MIDDLE CLASS FAMILY FROM 19:09:37 MY CITY IN GUATEMALA 19:09:40 GUATEMALA. MY 19:09:43 GRANDFATHER WAS A GREAT BELIEVER IN SERVING THE COMMUNITY AND 19:09:46 UPLIFTING THE LESS FORTUNATE. PASSION IS AT MY CORE IN 19:09:50 ALL THAT I DO. FUELED BY MY LATIN ROOTS AND DESIRE TO 19:09:53 GIVE BACK, I HAVE ALWAYS BEEN APPRECIATIVE OF MY CULTURE AND 19:09:56 MY GRANDFATHER'S LEGACY AND HOW IT HAS SHAPED ME IN ALL THAT 19:09:59 I DO. I HAVE LIVED IN FREMONT FOR 27 19:10:02 YEARS, AND I'M ENTERING MY 16TH YEAR WORKING WITH INDIVIDUALS 19:10:06 WITH DIFFERENT ABILITIES. I LOVE OUR COMMUNITY AND HAVE ALWAYS 19:10:09 FOCUSED ON BEING A PART OF WHAT MAKES FREMONT SO SPECIAL 19:10:12 SPECIAL. THROUGH STRONG AND LONG LASTING PARTNERSHIPS HERE IN FREMONT AND 19:10:15 THROUGHOUT THE BAY AREA, MY DREAM IS REALIZED 19:10:18 DAILY BY SUPPORTING THOSE IN NEED WITH CAREER SUCCESS AND THE 19:10:21 OPPORTUNITY TO ACHIEVE THEIR AMERICAN DREAM. I 19:10:24 WAKE UP EVERY DAY THANKFUL AND READY TO MAKE A DIFFERENCE EVERY 19:10:28 DAY IN OUR COMMUNITY AND BEYOND. WHAT I HAVE BEEN ABLE 19:10:31 TO ACHIEVE WOULD NOT HAVE BEEN POSSIBLE WITHOUT MY 19:10:34 EXTREMELY SUPPORTIVE FAMILY IN GUATEMALA AND HERE IN THE U.S. MY 19:10:37 AMAZING TEAM AND THE WONDERFUL PARTNERSHIP, ESPECIALLY 19:10:41 THE CALIFORNIA DEPARTMENT OF REHABILITATION, AND LOCAL EMPLOYERS WHO 19:10:44 HAVE SEEN THE BENEFITS OF INCORPORATING DIVERSITY AND INCLUSIVITY 19:10:47 . I THANK THEM ALL FOR THEIR SUPPORT AND LOVE. 19:10:50 I WANT TO RECOGNIZE AND SHOW CIVIC 19:10:53 PRIDE AND APPRECIATION TO TERESA COX, 19:10:57 THE FREMONT CITY COUNCIL AND MAYOR LILY MEI FOR YOUR EFFORTS TO 19:11:00 RECOGNIZE OUR HISPANIC COMMUNITY. I AM HUMBLED 19:11:03 AND HONORED TO ACCEPT THIS PROCLAMATION ON BEHALF OF A 19:11:06 OUR RICH AND DIVERSE COMMUNITY. THANK 19:11:08 YOU. >> Mayor Mei: THANK YOU FOR JOINING US THIS EVENING. 19:11:11 WE ARE SO FORTUNATE TO HAVE SUCH A DIVERSE 19:11:14 COMMUNITY WITH A STRONG LEGACY AND THE ABILITY TO CONTINUE 19:11:18 THAT, NOT JUST FOR THE IMMIGRANTS BUT FOR THE NEXT 19:11:21 GENERATION, AND SO WE'RE DELIGHTED TO CELEBRATE THAT AND ESPECIALLY FOR 19:11:24 YOUR OUTREACH TO HELP SO MANY OTHERS, I THINK THAT'S IMPORTANT TO PASS 19:11:27 THAT ON. SO THANK YOU FOR THIS OPPORTUNITY TO 19:11:31 RECOGNIZE AND SHARE. I KNOW THERE HAVE BEEN MANY EVENTS THROUGH 19:11:34 OUT THE COMMUNITY THIS LAST COUPLE WEEKS, THE 19:11:37 MARIACHI FESTIVALS AND OTHER LANGUAGE AND CULTURAL EXPERIENCES 19:11:40 , AND SO I KNOW THAT SEEING THAT IN THE LIBRARY AND OTHER AREAS, IT'S 19:11:43 BEEN WONDERFUL. SO THANK YOU AGAIN FOR JOINING US THIS EVENING. 19:11:48 AT THIS TIME, WE'RE GOING TO TURN TO ORAL COMMUNICATIONS. AND 19:11:51 THOSE ARE ITEMS THAT ARE 19:11:55 NOT SCHEDULED ON THIS AGENDA THIS EVENING. 19:11:58 I BELIEVE WE HAD A COUPLE SPEAKERS WHO WERE INTERESTED IN ORAL COMMUNICATIONS. 19:12:01 ANY PERSON WISHING TO SPEAK ON ITEMS THAT ARE NOT SCHEDUL 19:12:04 ED ON THE 19:12:07 AGENDA MAY DO SO AT THIS TIME BY PRESSING THE RAISE HAND 19:12:10 ICON OR BY DIALING STAR NINE IF YOU'RE 19:12:14 CALLING IN. SO 19:12:21 WE COULD START WITH THAT, THEN, SUSAN 19:12:24 ? >> Ms. Gauthier: DO YOU WANT ME TO ANNOUNCE THE 19:12:27 SPEAKERS? >> Mayor Mei: SURE. >> Ms. Gauthier: THE FIRST PERSON 19:12:30 WE'LL ALLOW TO SPEAK IS KAR 19:12:33 ANVEER BAIN 19:12:35 S. >> Mayor Mei: WELCOME. >> HELLO. 19:12:38 HI, GUYS. 19:12:42 I'M THE FATHER OF TWO CHILDREN, 19:12:46 5 YEARS OLD AND 6 MONTHS OLD. I'M HERE TO PROTECT THEM AND DEFEND 19:12:49 MY HOME FROM AN UNCONSTITUTIONAL INNOVATION 19:12:54 FROM -- WIRELESS. THE FOLLOWING STATEMENTS ARE TRUE, ACCURATE AND WITHIN 19:12:57 MY PERSONAL KNOWLEDGE. FAMILIES WITH YOUNG CHILDREN LIKE MINE ARE 19:13:00 VERY BUSY AROUND CHRISTMAS 19:13:04 HOLIDAYS FOR OBVIOUS REASONS. THE 19:13:07 BIG WIRELESS COMPANIES USE THIS TIME TO RAM THROUGH LOCAL 19:13:10 LAWS THAT BENEFIT THEM 19:13:13 -- ON DECEMBER 17TH, 2019, THERE WAS A 19:13:17 FIRST READING ON CHANGES TO CITY OF FREMONT'S WIRELESS ORDINANCE AND 19:13:20 THEN ON JANUARY 14, 2020, THERE WAS A SECOND READING AND VOTE 19:13:24 . THERE WAS ALSO A PRESENTATION BY WIRELESS INDUSTRY THAT 19:13:28 NIGHT WITHOUT EQUAL TIME GIVEN TO OPPONENTS 19:13:31 OF THIS EMINENT DOMAIN 19:13:35 DO DOMAIN-- TAKING OF PROPERTY. 19:13:38 IT WAS -- THROUGH THE SAME EVENING. 19:13:42 DID CITY OF FREMONT AND CITY COUNCILMEMBERS COMPLETE THOROUGH 19:13:45 DUE DILIGENCE AND DELIBERATION ON THESE MATTERS? THE EVIDENCE 19:13:48 IN THE CITY COUNCIL VIDEO, AND 19:13:51 THE ANSWER IS NO. FAST FORWARD TO TODAY AND I FIND THAT THERE IS SO CALL 19:13:54 ED SMALL WIRELESS TELECOMMUNICATIONS FACILITY, 19:13:57 BEING CONSTRUCTED 20 FEET 19:14:01 FROM MY HOME. WITH THREE ERICKSON STREET 19:14:04 MACRO 670 ANTENNAS BEING INSTALLED ABOUT 19:14:07 20 FEET FROM -- OFF THE GROUND. I'M HERE TO INFORM YOU THAT EVIDENCE IN THE 19:14:10 CITY OF FREMONT'S PUBLIC -- SETS 19:14:14 THE STAGE OUR LOCAL GOVERNMENT CANNOT ALLOW ANY WIRELESS CORPORATION 19:14:17 TO POWER OFF ON THE WTF UNTIL WE HEAR BACK FROM THE 19:14:20 FCC REGARDING OUR ACTIVE COMPLAINT 19:14:24 AGAINST THEM. THAT WOULD BE STRAIGHT FROM THE DIVISION 19:14:28 CHIEF OF COMPETITION AND INFRASTRUCTURE POLICY DIVISION 19:14:31 FCC WIRELESS TELECOMMUNICATIONS BUREAU AND -- 19:14:34 SIMILAR -- CITING 19:14:37 RULE 1.1307 -- 19:14:40 IN SONOMA, CALIFORNIA AND THOUSAND OAKS, CALIFORNIA HAVE 19:14:44 RESULTED IN THOSE TOWERS BEING NOT COMPLETED 19:14:48 . THAT IS BECAUSE THE RULE I'M CITING 19:14:51 STATES THAT A NEPA ENVIRONMENTAL 19:14:54 ASSESSMENT IS REQUIRED FOR CELLULAR RADIO TELEPHONE SERVICE 19:14:57 S, NON-BUILDING MOUNTED ANTENNAS. HEIGHT 19:15:00 ABOVE GROUND LEVEL THROUGH LOW 19:15:04 EST POINT OF ANTENNA IS 10 METERS AND THE TOTAL POWER OF 19:15:07 ALL IS GREATER THAN 1,000 VOLTS ERP. THIS 19:15:10 ABLECATION FOR THIS ANTENNA -- TECHNICAL 19:15:14 SPECS AND BECAUSE OF DAY 19:15:17 -- OFFICIALLY EXPRESSED IN THE SITE WAS AUGUST 9, 19:15:22 2019 AND MAY 3, 19:15:25 2021, THE WIRELESS APPLICANT VIOLATED FEDERAL LAW BY 19:15:28 NOT PROVIDING EVIDENCE FOR NEPA 19:15:31 REVIEW FOR WTF LET ALONE ENVIRONMENTAL ASSESSMENT 19:15:34 REQUIRED BY THIS RULE. SUCH NEGLIGENCE BY THE APPLICANT 19:15:38 MEANS -- 48,000 MEGAHERTZ IN THE 19:15:41 CITY OF FREMONT IS -- >> Mayor Mei: THANK YOU. 19:15:44 THE NEXT SPEAKER IS PAUL 19:15:47 G. 19:15:52 >> HI, I'M PAUL G 19:15:55 , FOUNDER OF ORGANIZATIONS DEDICATED TO PROVIDING LOCAL CONTROL 19:15:59 OVER THE PLACEMENT, CONSTRUCTION -- OF ANY SIZE 19:16:02 OR ANY G. WE ADVOCATE FOR BROADBAND 19:16:06 , VIA FIBEROPTICS AND ONLY CALLS 19:16:08 AND TEXT PER FEDERAL LAW. I'M HERE TO ASSIST THE RESIDENTS OF FREMONT. 19:16:12 I TEST AND AFFIRM THE FOLLOWING STATEMENTS ARE TRUE, ACCURATE AND WITHIN MY 19:16:15 PERSONAL KNOWLEDGE. I WORK ALONGSIDE FREMONT RESIDENTS THIS WEEKEND TO COMPLETE 19:16:18 RESEARCH ABOUT THE CITY OF FREMONT'S ACTIVITIES SINCE DECEMBER 19:16:23 2019 THAT UNNECESSARILY REVISED ITS WIRELESS ORDINANCE TO ALLOW 19:16:26 SO-CALLED SMALL WIRELESS 19:16:30 TELECOMMUNICATIONS FACILITIES INTO RESIDENTIAL AREAS USING A MINISTERIAL INSTEAD OF THE 19:16:33 FAR BETTER DISCRETIONARY APPROACH. THIS RESEARCH CULMINATED 19:16:36 IN THE DETAILED OCTOBER 18TH EMAIL FROM 19:16:40 KAREN TO THE FREMONT CITY COUNCIL AND STAFF AND A FORMAL 19:16:43 COMPLAINT TO THE FCC FOR THAT SO-CALLED 19:16:47 SWTF AT 38329 PRON SON STREET IN 19:16:50 FREMONT. IN 2017, OUR TEAM OPPOSED SENATE 19:16:54 BILL S649, A WIRELESS INDUSTRY SPONSORED BILL THAT 19:16:57 WOULD HAVE CURTAILED LOCAL CONTROL OVER THE PLACEMENT 19:17:01 OF WIRELESS TELECOMMUNICATIONS FACILITIES. WE DEFEATED THAT 19:17:04 BILL AND THIS YEAR WE DEFEATED A VERY SIMILAR INDUSTRY SPONSORED 19:17:07 BILL, SENATE BILL 556, THAT DESTROY 19:17:11 LOCAL CONTROL AND CHILD ENDANGERMENT WIRELESS BILL. 19:17:15 OUR TEAM WORKED FULL TIME FROM APRIL TO OCTOBER TO PRESERVE 19:17:17 LOCAL DROAL OVER THE PLACEMENT OF WIRELESS INFRASTRUCTURE AND WE WON AGAIN. 19:17:21 ON OCTOBER 4TH, GOVERNOR NEWSOM VEE 19:17:27 VETOED THE BILL SAYING THEY CONFLICT WITH AND COMPLICATE 19:17:30 FCC REQUIREMENTS SO IT WOULD BE IMPRUDENT TO 19:17:34 CODIFY THESE REQUIREMENTS INTO STATE LAW. CONTINUING, THERE IS A ROLE FOR 19:17:37 LOCAL GOVERNMENTS IN ADVANCING CALIFORNIA'S BROADBAND EFFORTS, PART OF OUR ACHIEVEMENT 19:17:40 LAID OUT IN THE BROAD BANT BUDGET BILL, ENABLES AND 19:17:43 ENCOURAGES LOCAL GOVERNMENTS TO TAKE AN ACTIVE ROLE IN THE LAST MILE OF BROADBAND 19:17:47 DEPLOYMENT. THIS NEWS MEANS THAT THERE'S NOW AN IMMEDIATE NEED 19:17:50 TO UPDATE FREMONT'S CURRENT WIRELESS ORDINANCE 19:17:53 BECAUSE THE CURRENT ORDINANCE IS WHOLLY UNNECESSARY. 19:17:57 IT IS FAR TOO INDUSTRY-FRIENDLY AND DOES NOT STRIKE 19:18:00 A GOOD BALANCE BETWEEN GOLD PLATING THE PROFITS OF AN ALREADY 19:18:03 TRILLION DOLLAR WIRELESS INDUSTRY AT THE EXPENSE OF RESIDENTS 19:18:06 , CONSTITUENTS AND TAXPAYERS WHO FACE IMMINENT PUBLIC 19:18:09 SAFETY HARMS, UNCONSTITUTIONAL PRIVACY AND SURVEILLANCE HARMS AND UP 19:18:13 TO 20% LOSSES IN PROPERTY VALUES. ALL DUE TO YOUR 19:18:16 CITY'S ILL-CONSIDERED AND UNJUST POLICIES. NOW FOR EVEN 19:18:19 MORE GAME CHANGING NEWS. AS YOU LEARNED BY EMAIL YESTERDAY, 19:18:22 THE NATION' WIRELESS BROADBAND AGENDA EAR REF 19:18:25 ICALLY CHANGED ON FRIDAY THE 13TH AND AUGUST 19:18:29 2021 DUE TO THE U.S. COURT OF APPEALS RULING IN 19:18:33 CASE 21025 ENVIRONMENTAL 19:18:36 -- THE JUDGES WROTE, WE GRANT PETITIONS IN PART AND 19:18:40 REMAND TO THE COMMISSION, THE COMMISSION FAILED TO PROVIDE A REASONABLE 19:18:43 EXPLANATION FOR ITS DETERMINATION THAT ITS GUIDELINES ADEQUATELY 19:18:47 PROTECT AGAINST THE HARMFUL EFFECTS OF EXPOSURE 19:18:50 TO RADIATION. THIS DEMANDS A CHANGE. I'VE EXPRESSED NO MATTER OF 19:18:53 LAW CONCERN BUT SOLELY MATTERS OF SUBSTANCE, FACT AND LAW. 19:18:58 >> Mayor Mei: THANK YOU. NEXT SPEAKER IS REYE 19:19:01 S CAST. 19:19:06 >> HI. MY NAME IS ACTUALLY KELLY 19:19:09 ROSE, I'M ON MY GRANDSON'S COMPUTER. 19:19:13 ALONG WITH MY HUSBAND, I'M BORN AND RAISED HERE IN 19:19:16 FREMONT, NOW WE ARE PROUDLY RAISING EIGHT GRANDCHILDREN 19:19:19 HERE IN FREMONT, AND I APPRECIATE YOU LISTENING TO MY EVIDENCE AND TESTIMONY TONIGHT 19:19:22 . I ATTEST AND AFFIRM THAT 19:19:24 FOLLOWING STATEMENTS ARE TRUE AND ACCURATE AND WITHIN MY PERSONAL KNOWLEDGE. 19:19:28 I NEED US ALL TO BE REAL. REALLY 19:19:31 REAL. PLEASE LISTEN TO THIS. 19:19:34 CITY COUNCILMEMBERS, THERE ARE NO EXCUSES 19:19:39 YOU CAN PROVIDE FOR USING YOUR POLICE POWERS TO FOLLOW THE APRIL 19:19:44 2019 CALIFORNIA SUPREME COURT RULING AND TAKE ACTION TO PROTECT THE QUIET ENJOYMENT 19:19:47 OF STREETS IN FREMONT TO DELIVER ACTUAL PUBLIC SAFETY AND 19:19:51 TO PUT A STOP TO THE UNCONSTITUTIONAL 19:19:54 SURVEILLANCE THAT SO-CALLED SMALL WIRELESS 19:19:58 TELECOMMUNICATIONS FACILITY BRING TO RESIDENTIAL NEIGHBORHOODS. WE 19:20:01 HAVE INAILABLE RIGHTS 19:20:05 TO BOTH PRIVACY AND SAFETY IN CALIFORNIA, GUARANTEED BY 19:20:08 ARTICLE 1, SECTION 1 OF THE CALIFORNIA CONSTITUTION. YOU 19:20:11 HAVE A DUTY, YOU HAVE A DUTY TO ACT BASED ON THE 19:20:15 SUBSTANTIAL WRITTEN EVIDENCE WE ARE PLACING IN YOUR 19:20:18 PUBLIC RECORD TONIGHT. YOU CANNOT, NO LONGER, 19:20:21 HIDE BEHIND THE DEBUNKED UNSCIENTIFIC 19:20:25 FCC RF MICROWAVE RADIATION 19:20:28 REGULATION. 11,000 PAGES OF PEER REVIEWED 19:20:31 SCIENTIFIC EVIDENCE OF HARMS FROM 19:20:34 RF MICROWAVE RADIATION AT LEVELS FAR BELOW THAT ALLOWED 19:20:38 BY THE FCC RF REGULATION 19:20:41 WERE COMPILED BY THE CHILDREN'S HEALTH DEFENSE FOR THEIR AUGUST 13TH, 19:20:45 2021 LANDMARK VICTORY AGAINST THE FCC, THE COURT 19:20:48 ORDERED THE FCC TO READ THIS EVIDENCE AND CONSIDER IT WHEN MAKING POLICY 19:20:51 IES. WE ARE PLACING THIS TIME 11,000 19:20:54 PAGES OF EVIDENCE INTO THE CITY OF FREMONT PUBLIC 19:20:57 RECORD. CITY COUNCILMEMBERS, YOU ARE 19:21:01 WITHOUT SUFFICIENT LOCAL REGULATION 19:21:04 MUST NOW BE ADDRESSED AND CHANGE YOUR LOCAL 19:21:08 LAWS ARE NOT CONSISTENT WITH FEDERAL STATUTES INCLUDING BUT NOT 19:21:11 LIMITED TO THE 96 TELECOMMUNICATIONS ACT, 19:21:14 THE NATIONAL ENVIRONMENTAL POLICY ACT, 19:21:17 AMERICANS WITH DISABILITIES ACT AND FAIR HOUSING AMENDMENTS. OUR LOCAL GOVERNMENT IS 19:21:20 BOUND TO FOLLOW THE READING OF THE FEDERAL TELECOM LAWS 19:21:24 , NINTH CIRCUIT CASE LAWS, D.C. 19:21:27 CIRCUIT RULINGS AND SUPREME COURT RULINGS IN CALIFORNIA AND THE U.S. SUPREME COURT 19:21:30 . YOU ARE NOT SIMILARLY 19:21:33 BOUND TO FOLLOW PRESUMPTIVE FCC ORDERS. SUCH ORDERS ARE 19:21:36 MERE PRESUMPTIONS AND WIRELESS INDUSTRY WISH LISTS 19:21:40 HAVE NOT YET BEEN TESTED IN CASE BY CASE 19:21:44 ADJUDICATION AS ADMITTED BY THE FCC ATTORNEYS THEMSELVES IN FEBRUARY 19:21:48 2020. ORAL ARGUMENTS AND U.S. COURT OF APPEALS 19:21:51 CASE LOCAL GOVERNMENT FCC REGARDING THE 19:21:55 2018FCC SMALL CELL ORDER. WHEN YOU SEE THE WIRELESS INDUSTRY'S RESPONSE TO 19:21:58 THAT, THE SECURED RULING IN AUGUST 2021 RULING AND 19:22:01 ENVIRONMENTAL HEALTH TRUST, THINGS WILL HAVE TO CHANGE IN FREMONT 19:22:05 , THEY HAVE TO CHANGE IN FREMONT. I HAVE 19:22:08 EXPRESSED NO MATTER OF CONCERN 19:22:11 BUT SOLELY MATTERS OF SUBSTANCE, FACT, LAW. 19:22:14 PLEASE, THIS IS NOT GOING TO HAPPEN TO MY TOWN 19:22:18 AND MY FREMONT. WE HAVE TO STOP IT TODAY. 19:22:22 >> Mayor Mei: THANK YOU. THE NEXT SPEAKER IS SRIVI 19:22:25 DYA PRAKASH. 19:22:32 >> GOOD EVENING, HONORABLE MAYOR, COUNCILMEMBERS AND MEMBERS 19:22:35 OF THE PUBLIC. I'M A 19:22:38 RESIDENT OF FREMONT SINCE 2005. TODAY 19:22:41 I STAND HERE AS AN ADVOCATE FOR VICTIMS AND SURVIVORS 19:22:45 OF DOMESTIC VIOLENCE AND THANK YOU FOR ADOPTING THE 19:22:48 PROCLAMATION TO COMMEMORATE OCTOBER AS 19:22:51 DOMESTIC VIOLENCE AWARENESS MONTH. I 19:22:54 REPRESENT AN ORGANIZATION DEVOTED TO 19:22:58 SERVING VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE AND WOULD LIKE 19:23:01 TO TAKE A FEW MOMENTS TO TALK ABOUT AN EPIDEMIC THAT IS 19:23:04 PERVASIVE IN OUR HOMES, CITIES, STATE, COUNTRY, AND ALL 19:23:07 OVER THE WORLD. DMES 19:23:11 DOMESTIC VIOLENCE IS AN ILL THAT EXISTS IN ALL COMMUNITIES 19:23:15 , IRRESPECTIVE OF CULTURE, 19:23:18 SEXUAL ORIENTATION, FINANCIAL STATUS OR IMMIGRATION REALITIES. THE 19:23:21 YEAR 2020 HAS SEEN A PANDEMIC 19:23:24 , RAGING FIRES AND ECONOMIC UNCERTAINTY, AND WHILE 19:23:28 THESE EX-TREAN JUST CIRCUMSTANCES HAVE CERTAINLY 19:23:31 TURNED MANY LIVES UPSIDE-DOWN, THEIR IMPACT IS MAGNIFIED ON 19:23:34 THE MOST VULNERABLE: THE VICTIMS 19:23:38 AND SURVIVORS OF DOMESTIC VIOLENCE. INCREASED 19:23:41 REQUESTS FOR INTERVENTION AND LEGAL REMEDIES OVER THE PAST FEW MONTHS HAVE 19:23:44 SHED LIGHT ON THE ONGOING NEED FOR RESOURCES 19:23:48 . LAST YEAR, IN A SINGLE DAY ALONE, 19:23:52 77,000 INDIVIDUALS REACHED OUT FOR DOMESTIC VIOLENCE RELATED 19:23:56 HELP. IN CALIFORNIA, THAT NUMBER IS AS 19:23:59 HIGH AS 6,000 PEOPLE A DAY. 19:24:02 PREVENTION FOCUSED ACTIVITIES ARE THE CRITICAL NEED OF THE HOUR 19:24:05 . AND STATE AND LOCAL AGENCIES 19:24:09 , COMMUNITY-BASED ORGANIZATIONS AND MEMBERS OF THE COMMUNITY, WE ALL HAVE 19:24:12 OUR PARTS TO PLAY. WE THANK THE CITY OF 19:24:15 FREMONT FOR PROVIDING MUCH NEEDED ASSISTANCE IN MANY AREA 19:24:18 S, AS WELL AS REQUEST TO STEP UP 19:24:21 EFFORTS. MY THREE REQUESTS 19:24:25 OF CITY COUNCIL TO CONSIDER THE FOLLOWING: ONE, ENACT 19:24:28 AND SUPPORT POLICIES THAT ADDRESS INTERSECTIONAL 19:24:31 APPROACHES TO ADDRESS DOMESTIC VIOLENCE. TO NAME 19:24:34 A FEW, HOMELESSNESS, BAY 19:24:38 PAY EQUITY AND -- REDUCTION 19:24:42 . TO PROVIDE FUNDING FOR DOMESTIC VIOLENCE 19:24:47 -- PROVIDERS, THREE, RE-THINK LAW ENFORCEMENT RESPONSES 19:24:50 TO CRISIS SITUATIONS, WITH SPECIAL FOCUS ON STOPPING BRUTALITY 19:24:54 AGAINST PEOPLE OF COLOR. 19:24:57 FOUR, OFFER TRAINING ON CULTURAL RESPONSIVENESS FOR VARIOUS 19:25:00 LOCAL GOVERNMENT EMPLOYEES AND AGENCIES, AND IMPROVE LANGUAGE 19:25:04 ACCESS. FIVE, INVOLVE 19:25:07 KNOWN GOVERNMENTAL ORGANIZATIONS AS THOUGHT PARTNERS, WHILE 19:25:10 PLANNING CITY ACTIVITIES. SIX, UPLIFT 19:25:13 THE VOICES OF THE MINORITY GROUPS WHENEVER POSSIBLE, 19:25:16 AS THEY OFTEN LACK REPRESENTATION. AND FINALLY, TO 19:25:20 OUR COMMUNITY MEMBERS, WE URGE YOU TO RECOGNIZE 19:25:23 DOMESTIC VIOLENCE AS A PRESSING ISSUE 19:25:26 . EXEMPLIFY HEALTHY RELATIONSHIP 19:25:29 S FOR THE CHILDREN AT HOME AND ELECT LEADERS AND POLICIES THAT 19:25:32 CONTRIBUTE TO WHAT'S BUILDING A 19:25:36 A -- >> Mayor Mei: THANK YOU 19:25:39 . NEXT SPEAKER IS 19:25:43 STEPHANIE SZTO. 19:25:51 >> HI, GOOD EVENING, EVERYONE. I LIVE IN THIS CITY FOR ABOUT 15 YEARS. 19:25:54 THANK YOU FOR YOUR TIME FOR ME TO SPEAK TONIGHT. AND 19:25:58 I AFFIRM THAT THE FOLLOWING STATEMENTS ARE TRUE 19:26:01 AND ACCURATE WITHIN MY PERSONAL KNOWLEDGE AND WILL CONTINUE MY 19:26:04 TESTIMONY FROM THE PREVIOUS SPEAKER. THE D.C. 19:26:07 CIRCUIT JUDGE STATED ON AUGUST 13TH, TWEP 19:26:12 2021 THAT FCC HAD 19:26:15 IGNORED 11 PAGES OF PEER REVIEW SCIENTIFIC 19:26:18 LITERATURE THAT CONCLUDES 19:26:21 -- ADVERSE BIOLOGICAL 19:26:25 EFFECT FROM RADIATION INCLUDING DAMAGE TO BRAIN, HEART, 19:26:28 MEMORY AND FERTILITY, WITH CHILDREN BEING EVEN MORE VULNERABLE 19:26:31 THAN ADULTS IN 19:26:35 AN EXTRAORDINARY -- THE COURT ORDERED 19:26:38 THE FCC TO, QUOTE, ADDRESS THE IMPACT OF MICROWAVE 19:26:41 RADIATION ON CHILDREN, THE HEALTH IMPLICATION OF LONG TERM 19:26:45 EXPOSURE TO RF MICROWAVE RADIATION, AND 19:26:49 WHILE 19:26:52 -- THAT HAS OCCURRED SINCE THE COMMISSION ADOPTED 19:26:55 AN EXISTING MICROWAVE RADIATION GUIDELINE 19:26:59 FROM THE INDUSTRY IN 1996. UNQUOTE. 19:27:02 THIS COURT RULING ALSO HIGHLIGHTED 19:27:05 THAT U.S. AGENCY HAVE NOT REVEALED 19:27:09 THE RESEARCH ON REVERSE IMPACT OF RF MICROWAVE 19:27:12 RADIATION TO -- THIS IS 19:27:15 STRONG EVIDENCE OF HARM FROM LONG TERM EXPOSURE 19:27:18 OF WIRELESS TELECOMMUNICATION FACILITIES. CHILDREN 19:27:22 HAVE UNIQUE VULNERABILITY 19:27:25 . THE SIGNS ESTABLISH 19:27:28 ADVERSE NEGATIVE HEALTH EFFECT FROM R 19:27:32 F MICROWAVE RADIATION POLLUTE AT LEVEL THAT HUNDREDS OF THOUSANDS 19:27:36 OF TIME LOWER THAN THE CURRENT FCC RF MICROWAVE 19:27:40 RADIATION EXPOSURE REGULATION. IN SHORT, 19:27:43 THE CITY OF FREMONT AND THE CITY ATTORNEY CAN NO LONGER RELY 19:27:46 ON THE FCC MICROWAVE RADIATION REGULATION 19:27:49 TO DELIVER ACTUAL 19:27:53 PUBLIC SAFETY. THIS IS NO LONGER BUSINESS AS USUAL 19:27:56 . URGENT CHANGES ARE NEEDED IN 19:27:59 FREMONT, CITY OF FREMONT'S 19:28:02 JOB IS TO PROVIDE ACTUAL PUBLIC SAFETY 19:28:05 . THE DECEMBER 19:28:09 2019 FCC ORDER 19:28:12 19-126, 19:28:15 ALSO 19:28:19 REMANNED BACK TO THE FCC -- OKAY. SO ALL OF 19:28:22 THOSE VERIZON 19:28:25 PERMIT YOUR CITY RECENTLY ISSUED OF ERICKSON 19:28:29 67 -- ANTENNA, ANTENNA 19:28:32 THAT OUTPUT 28,000-MEGAHERTZ OF R 19:28:36 F MICROWAVE HAVE NO FCC RF 19:28:39 MICROWAVE RADIATION REG REG LAITION. BECAUSE THE 19:28:42 FCC AS THEY ARE REGULATION ONLY COVER FREQUENCY 19:28:46 UP TO 6,000-MEGAHERTZ. 19:28:49 YOUR CITY CANNOT ALLOW THE OPERATION OF THIS 19:28:53 ANTENNA IN FREMONT UNTIL 19:28:56 THE FCC -- >> Mayor Mei: THANK YOU. 19:29:05 THE NEXT SPEAKER IS CHRIS. 19:29:08 >> SO I THINK IT'S BEEN YEARS SINCE THE CITY 19:29:12 SAID THEY WOULD ADDRESS THE PARKING 19:29:15 ISSUE ON AUBREY STREET 19:29:18 . I WENT THERE TODAY TO A BUSINESS, 19:29:21 AND NOTHING HAS CHANGED. 19:29:24 YOU GUYS SAID THAT THE 19:29:27 ISSUE WAS THAT THE TWO PEOPLE YOU HIRED IN THE POLICE DEPARTMENT 19:29:31 HADN'T BEEN TRAINED YET, BUT I BELIEVE IT'S 19:29:34 SIX OR NINE MONTHS AGO WHERE YOU SAID THOSE PEOPLE HAD BEEN TRAINED AND THEY 19:29:37 WOULD START ACTUALLY 19:29:40 ENFORCING THE LAWS. ALONG AUBREY STREET, I 19:29:43 WAS ABLE TO FIND NO CAR THAT WAS TICKETED IN ABOUT 19:29:46 A HALF A MILE OF ACTUALLY 19:29:51 FOUR--TENTHS OF A MILE OF CARS THAT ARE 19:29:55 JUST PARKED AND 19:29:58 THEY'RE JUST ALMOST ABANDONED. IN THAT YOU DO HAVE 19:30:01 RVs AND SUCH, BUT THE 19:30:04 FREMONT CITY COUNCIL SAID THEY WOULD ADDRESS THIS BY HIRE 19:30:07 ING TWO MORE POLICE OFFICERS, WHICH THEY DID 19:30:11 . BUT WHEN I WENT THERE TODAY, 19:30:14 THERE'S PEOPLE WANTING TO SELL FIREWOOD OFF THE SIDE OF THE STREET. 19:30:20 I LOOK AT BING 19:30:23 AND I LOOK AT THE STREET VIEW FROM 2014. THERE'S ALMOST NOT 19:30:26 A SINGLE CAR PARKED THERE. YOU GUYS 19:30:29 HAVE DONE NOTHING TO ADDRESS THIS. YOU'VE ADDED TO 19:30:33 THE BUDGET TO ADDRESS IT. AND 19:30:36 THEN YOU STILL DO NOT ADDRESS THE PROBLEM 19:30:39 . I DON'T 19:30:43 UNDERSTAND HOW IT NEEDS TO BE EXPLAINED. I'VE TALKED TO 19:30:46 PEOPLE AND BUSINESSES THERE, AND 19:30:49 THEY SAY THEY KEEP CALLING IN THE SAME THING, BUT THE CITY DOES NOTHING. 19:30:54 SO IF YOU GUYS WANT TO SAY THAT YOU'RE 19:30:57 GOING TO ENFORCE CITY LAWS SUCH AS PARKING 19:31:01 FOR 72 HOURS, ENFORCE THEM. OTHERWISE, 19:31:04 YOU NEED TO TAKE THEM OFF THE BOOKS AND SAY, 19:31:07 THIS IS A CITY THAT WILL NOT ENFORCE ALL THESE LAWS. 19:31:10 YOU HAVE SO MANY LAWS THAT YOU'VE PUT 19:31:13 ON THE BOOKS AS A CITY LAW THAT YOU REFUSE TO 19:31:17 ENFORCE. HOW MANY -- I 19:31:21 MEAN, IF 19:31:24 THE POLICE OFFICERS WON'T ENFORCE IT AND THE 19:31:27 CITY CODE ENFORCEMENT OFFICER WON'T ENFORCE IT, I MEAN 19:31:30 MEAN, WHY IS IT STILL ON THE BOOKS? TAKE IT OFF 19:31:33 THE BOOKS OR ENFORCE THE LAW. 19:31:37 I UNDERSTAND, YOU NEED TO HAVE COMPASSIONATE WAYS TO DEAL WITH THESE 19:31:41 THINGS. BUT YOU GUYS REFUSE TO USE THE 19:31:44 RESOURCES YOU HAVE TO 19:31:47 DO COMPASSIONATE THINGS. AUTOMALL, 19:31:51 THERE'S STILL THAT PROPERTY YOU WISH TO BUILD A SPORTS COMPLEX THAT 19:31:54 YOU COULD USE TO ADDRESS THESE RV PARKING ISSUE 19:31:57 S, BUT YOU CONTINUE TO PRETEND THAT IT DOESN'T EXIST. 19:32:00 AND I HAVE FIVE SECONDS LEFT. 19:32:13 >> Mayor Mei: OKAY, THANK YOU. NEXT SPEAKER IS N 19:32:16 BAINS. WELCOME. 19:32:20 >> I BELIEVE T.J. WAS GOING TO GO 19:32:23 BEFORE ME. IS THAT POSSIBLE TO HAVE HIM GO BEFORE 19:32:26 ME? >> Mayor Mei: OKAY. 19:32:32 I'M LOOKING FOR THAT. 19:32:36 TJ, IF YOU WOULD GO FIRST AND THEN FOLLOWED BY NB 19:32:39 AINS. 19:32:46 WELCOME. 19:32:54 >> THIS IS TJ. AM I ON? >> Mayor Mei: YES 19:32:57 . >> GOOD EVENING, MADAME MAYOR AND THE HONORABLE 19:33:01 CITY COUNCILMEMBERS. THANK YOU. MY 19:33:04 NAME IS TJ AND I HAVE LIVED IN FREMONT FOR 19:33:07 A LONG TIME. I ATTEST AND I A FIRM THAT THE FOLLOWING STATEMENTS ARE TRUE 19:33:10 , ACCURATE AND WITHIN MY PERSONAL KNOWLEDGE. THE CITY OF 19:33:14 FREMONT IS UNWITTINGLY ASSUMING MASSIVE 19:33:17 FINANCIAL LIABILITY WITH ITS ILL-CONSIDERED SMALL CELL 19:33:21 POLICIES BECAUSE THE CITY STAFF AND COUNCILMEMBERS WERE PLAY 19:33:24 ED BY THE WIRELESS INDUSTRY. THE CITY 19:33:27 WAS QUICK INTO ON BIG WIRELESS LIABILITIES WHEN 19:33:30 THE CITY DECIDED TO RENT THE PUBLIC'S LIGHT POLES 19:33:33 TO BE USED AS CELL TOWERS. 19:33:37 , WITHOUT COMPLETING SUFFICIENT DUE DILIGENCE OR PASSING SUFFICIENT 19:33:40 LOCAL REGULATIONS. YOUR HANDS WERE 19:33:44 NEVER TIED. THAT WAS JUST ANOTHER LIE FROM THE 19:33:47 BILL -- I'M ENTERING INTO THE 19:33:50 PUBLIC RECORD THIS EVENING A 2017 LETTER, A LEGAL ANALYSIS 19:33:54 FROM 19:33:57 AN INVENTORY TO THE CALIFORNIA ASSEMBLY 19:34:01 APPROPRIATIONS COMMITTEE. THE 19:34:05 THE LETTER DESCRIBES THE 19:34:08 DOCTRINE OF FIXTURES AND THIS ANALYSIS WAS 19:34:11 ONE THAT MOVED THE VOTES IN 19:34:16 BOTH THE STATEHOUSES AND SHUT DOWN SENATE BILL 19:34:20 SB -- THE BILL RETURNED BY 19:34:23 GOVERNOR BROWN IN 2017. I WILL EMAIL THIS 19:34:27 LINK OF THIS TO THE CITY. 19:34:32 WITH ALL THE SHE NAN 19:34:39 -- IT IS NO SURPRISE THAT THE LARGEST 19:34:42 RE-INSURERS IN THE WORLD INCLUDES LLOYD'S OF 19:34:45 LONDON, AM BEST OVER A DECADE AGO EVALUATED 19:34:49 THE INDEPENDENT SIGN 19:34:52 S, FROM THE WIRE 19:34:56 LESS FREQUENCY MICRORADIATION AND SPECIFICALLY EXCLUDED 19:35:00 ALL CLAIMS OF INJURY, ILLNESS OR DEATH FROM 19:35:03 MICRORADIATION FROM ANY GENERAL LIABILITY INSURANCE POLICIES. 19:35:07 THEY DO NOT WANT ANOTHER -- ON THEIR HANDS 19:35:10 . THE WIRELESS INDUSTRY IS BUSY TRANSFER 19:35:14 RING THESE LIABILITIES TO THE CITY OF FREMONT. HOW DOES BIG 19:35:17 WIRELESS PLAY THIS CHESS GAME? BIG WIRE 19:35:20 LESS HIRES A THIRD PARTY AGENT TO 19:35:24 BUILD CELL TOWERS. THEY FALSELY CLAIM 19:35:28 -- EQUALS SAFETY WHEN IT DOES NOT. BIG WIRE 19:35:32 LESS DEPENDS ON OVERWORKED CITY STAFFERS NOT TO 19:35:35 CATCH THE NUANCES OF THESE 19:35:38 MOVES BUT WIRELESS FILES INCOMPLETE APPLICATIONS 19:35:41 AND LIES WAY TO THE BACK DAY AFTER DAY, 19:35:44 MAKING IT EVEN HARDER. 19:35:47 CITY COUNCIL'S ABILITY TO 19:35:51 COME -- ALL THESE FACTS GIVE THE CITY COUNCIL 19:35:54 THE ABILITY TO CANCEL ALL -- 19:35:59 >> Mayor Mei: THANK YOU. NEXT SPEAKER IS NBAINS. 19:36:03 >> ACTUALLY I APOLOGIZE FOR THIS, BUT IS THOMAS THERE? 19:36:07 I BELIEVE HE WANTED TO GO AHEAD OF ME AS WELL. 19:36:10 >> Mayor Mei: I APOLOGIZE, WE CAN'T JUST RANDOMLY 19:36:14 -- I THINK THAT IT WOULD HELP US -- BECAUSE WE HAVE SO MANY 19:36:17 DIFFERENT SPEAKERS, I DON'T KNOW WHICH IS WHICH ORDER, BUT THIS IS 19:36:20 HARD FOR US TO THEN MANAGE IF WE'RE GOING TO BE MOVING SPEAKERS BACK AND 19:36:24 FORTH. SO THOMAS WILL 19:36:27 BE THE LAST ONE AND THEN YOU NEED TO SPEAK OR ELSE -- BECAUSE OTHERWISE 19:36:31 WE HAVE OTHER SPEAKERS AND WE DON'T KNOW WHICH ORDER SO IT MAKES 19:36:34 IT DIFFICULT FOR US. 19:36:39 THOMAS, FOLLOWED BY NBAIN 19:36:42 S. >> THANK YOU, MADAME MAYOR. MY NAME IS THOMAS FOLEY. 19:36:45 I'M ON THE HOA BOARD HERE IN THE PARKMONT COMMUNITY, AND 19:36:48 I RUN A LOCAL BIKE CLUB, ONE OF THE MOST 19:36:51 POPULAR BIKE CLUBS HERE IN FREMONT AND THEN 19:36:58 A TECH COMPANY AS WELL. ANYHOW, ONE OF MY RECENT NEIGHBORS BROUGHT A CONCERN 19:37:01 TO ME WHICH ACTUALLY BROUGHT ME HERE, 19:37:04 I GENERALLY WANT TO AVOID THESE THINGS, THEY'RE UNPLEASANT IN MY 19:37:07 OPINION, AND SO I WANT TO COVER A 19:37:10 COUPLE OF THINGS. FIRST OFF I WANT TO ATTEST THAT THE FOLLOWING STATEMENTS 19:37:13 THAT I'M ABOUT TO MAKE, I KNOW ARE TRUE. I'VE RESEARCHED THEM 19:37:17 AND THEY'RE WITHIN MY PERSONAL KNOWLEDGE OF RESEARCH THAT 19:37:20 I'VE DONE. SO THREE THINGS, FIRST IS THE 19:37:24 96 TELECOMMUNICATIONS ACT, SECOND IS THE 2005 19:37:28 2009 CIRCUIT RULING AND THE THIRD IS THE APRIL 19TH SUPREME COURT RULING OF 19:37:32 T-MOBILE VERSUS SAN FRANCISCO WHICH ARE ALL PERTINENT 19:37:35 TO THE CELL TOWER GOING UP IN THE PARKMONT 19:37:38 COMMUNITY. SO LET'S TOUCH ON THE FIRST ONE, THE 19:37:42 THE 19:37:46 332A7, WHICH STATES IN PARAGRAPH A, GENERAL 19:37:49 AUTHORITY, EXCEPT AS PROVIDED IN THIS PARAGRAPH, NOTHING IN 19:37:52 THIS ACT SHALL LIMIT OR AFFECT THE AUTHORITY OF THE STATE OR 19:37:56 LOCAL GOVERNMENT REGARDING THE 19:38:00 PERSONAL WIRELESS SERVICE FACILITIES. SO HERE WE SEE THAT A WAS 19:38:03 FOLLOWED BY A FEW NARROW PRE-EMPTIONS OF LOCAL AUTHORITY 19:38:06 IN PARAGRAPH B FOR THE PURPOSE OF ESTABLISH 19:38:09 ING TELECOMMUNICATIONS IN 19:38:12 21 IS ONLY MAKING WIRELESS PHONE CALLS 19:38:15 . THAT'S A FULL STOP. IT DOES NOT INCLUDE WIRELESS 19:38:19 BROADBAND DATA CAPACITY OR OTHER 19:38:24 INDUSTRY TERMS. WHEN THINKING ABOUT THIS, WE KNOW 19:38:27 THAT YOU'RE BOUND BY THE 9TH CIRCUIT COURT AND 19:38:30 THE U.S. SUPREME COURT. NOT BY RULINGS IN ANY OTHER CIRCUIT. 19:38:37 -- CLEARLY DEFINE BOTH SIGNIFICANT GAP IN COVERAGE AND LEAST 19:38:40 INTRUSIVE MEANS TO FILL SAID GAP IN TERMS OF THE ABILITY TO MAKE OUT 19:38:43 DOOR WIRELESS PHONE CALLS IN MOST PLACES. NOT EVERY PLACE 19:38:47 CONCEIVABLE. SO THERE'S NO MENTION OF IN-BUILDING COVERAGE 19:38:50 , CAPACITY OF WIRELESS BROADBAND IN ANY FEDERAL 19:38:53 PRE-EMPTION LAWS AND COURT RULINGS. THE LAW IS CLEAR 19:38:57 . ONCE THERE'S THE ABILITY TO 19:39:00 MAKE PHONE CALLS, THE PRE-EMPTION ENDS. THAT DESCRIBES 19:39:04 FREMONT TODAY. -- STATES THE CITY HAS 19:39:07 LOCAL POLICE POWER TO DETERMINE THE APPROPRIATE USE 19:39:10 USES OF LAND WITHIN ITS JURISDICTION. THE WORD 19:39:13 IN COMMODE MEANS TO GIVE IN CONVENIENCE OR TO GIVE TRESS 19:39:16 TO, TROUBLE TO, IN THE QUIET ENJOYMENT OF SOMETHING 19:39:20 . ALL THESE IMPACTS 19:39:23 COULD DISTURB PUBLIC ROAD NOISE -- 19:39:27 ITS QUIET ENJOYMENT. SO CITY COUNCILMEMBERS, NOISE 19:39:30 NOISE IS MUCH BROADER THAN JUST AUDIBLE 19:39:33 NOISE. POST MODULATED MICROWAVE RADIATION 19:39:38 , IN THE END I THINK YOU HAVE THE DUTY TO PROTECT THE QUIET ENJOYMENT 19:39:41 OF FREMONT NEIGHBORS. 19:39:46 >> Mayor Mei: THANK YOU. THE NEXT SPEAKER IS 19:39:51 NBAINS. >> THANK YOU. GOOD EVENING, EVERYONE. 19:39:58 WHO SPOKE EARLIER IS MY BROTHER AND THE TWO LITTLE ONES HE MENTIONED WERE MY 19:40:01 NIECE AND NEPHEW WHO MEAN THE WORLD TO ME. I'M IN MY EARLY 19:40:04 30s JUST LIKE A WOMAN LIVING IN A HOUSE IN SACRAMENTO THAT HAD A SO-CALL 19:40:07 ED SMALL CELL OPERATING IN FRONT HER FAMILY'S HOME 19:40:10 FROM MARCH 2019 THROUGH AUGUST 13, 19:40:15 2021. KEY PHRASES HERE THAT I WANT TO YOU REMEMBER ARE 19:40:18 , HAD OPERATED AND THE DATE AUGUST 13, TWEP 19:40:22 2021, THE TAI OF THE D.C. CIRCUIT RULING 19:40:26 THAT EAR REFER BLI CHANGED THE WIRELESS WORLD. I 19:40:29 WANT TO SHARE A REAL LIFE STORY OF A 19:40:32 COUPLE LITTLE RED RIDING WOLF 19:40:36 HOODS AND THE BIG BAD WOLF. IN WINTER 19:40:39 2019, THE 3-YEAR-OLD AND 6-YEAR-OLD LITTLE GIRLS 19:40:42 SLEEPING IN THE BEDROOM ABOVE THE 19:40:46 GARAGE GOT SICK WITH MICROWAVE RADIATION ILLNESSES WITHIN A 19:40:50 FEW WEEKS AS DIAGNOSED BY A MEDICAL DOCTOR. 19:40:53 YOU REMEMBER THE CALIFORNIA SUPREME COURT APRIL 4, 2019 RULE 19:40:56 RULING IN THE T-MOBILE V. SAN FRANCISCO, THE 19:40:59 JUDGES WROTE, AND I QUOTE, USES 19:41:02 MAY BE -- BEYOND OBSTRUCTION OF TRAVEL. FOR EXAMPLE, WIRE 19:41:05 LESS EQUIPMENT MIGHT CAUSE NEGATIVE HEALTH CONSEQUENCES 19:41:09 , SUCH IMPACTS COULD DISTURB THE QUIET ENJOYMENT OF 19:41:13 STREETS. END QUOTE. THE STREETS DOESN'T JUST MEAN 19:41:16 THE PAVEMENT AND THE SIDEWALK. IT CERTAINLY 19:41:19 MEANS THE QUIET ENJOYMENT OF ONE'S OWN FRONT YARD AND BEDROOM, WHERE 19:41:22 THE LITTLE GIRLS TRIED TO SLEEP. OUR TWO LITTLE RED RIDING 19:41:25 HOODS THROUGH NO FAULT OF THEIR OWN WENT IN THEIR BEDROOM, COULD 19:41:29 NOT SLEEP, SUFFERED MIGRAINE HEADACHES, DEVELOPED UNEXPLAINED 19:41:32 FLU SYMPTOMS, STRANGE TWITCHES AND EVEN STARTED DEPRESSION 19:41:36 . OUT OF THEIR BEDROOM, THE FAMILY HAD 19:41:39 TO SPEND $15,000 TO SHIELD THEIR OWN HOME. THE 19:41:42 FAMILY COMPLETELY LOST THE USE OF THEIR FRONT YARD. THIS IS AN 19:41:45 UNJUST AND UNNECESSARY TAKING OF PROPERTY. NEGATIVE 19:41:48 HEALTH CONSEQUENCES WERE DOCUMENTED AT THIS HOME, 19:41:52 NEGATIVE HEALTH CONSEQUENCES. YOU NEED TO REMEMBER THAT 19:41:55 . FROM RF MICROWAVE RADIATION POLLUTION 19:41:58 FROM INFRASTRUCTURE ANTENNAS ARE SOLIDLY ON THE TABLE 19:42:01 FOR CITIES TO CONSIDER IN THEIR WIRELESS 19:42:05 CITING POLICIES, PER CALIFORNIA SUPREME COURT. PROFESSIONAL RF MEASUREMENTS 19:42:08 OF THE SMALL CELL SHOWS THAT THE AVERAGE RF MICROWAVE 19:42:11 RADIATION IN THE BEDROOM WAS METERED AT 19:42:14 30 MILLION TIMES HIGHER THAN THE 5 BARS TELECOMMUNICATIONS SERVICE 19:42:17 . THE FACT THAT THIS EXCESSIVE LEVEL OF MICROWAVE 19:42:21 RADIATION IS COMPLIANT WITH FCC R 19:42:24 F REGULATIONS PROVES THAT THESE REGULATIONS REQUIRE FURTHER RESEARCH 19:42:27 AND REVISION. THE RF MEASUREMENT DATA AND MEDICAL 19:42:30 DATA FROM THIS SACRAMENTO HOME WERE PLACED ON THE 19:42:33 FCC'S RECORD IN THE CHD LAWSUIT WHICH RECEIVED 19:42:36 DITY RULING ON AUGUST 13TH, 19:42:39 2021, THE DAY THE FAMILY LEARNED THAT THE BIG RED 19:42:43 POWERED OFF ITS BIG BAD WOLF. THE 19:42:46 WOLF HAS REMAINED OFF THROUGH TODAY. THIS IS FULL RECOGNITION 19:42:50 OF BIG RED THAT THERE ARE BIG PROBLEMS, 19:42:53 THIS DATA IS NOW IN THE CITY OF FREMONT'S PUBLIC RECORD AS WELL 19:42:56 . WE INVITE THE CITY -- 19:42:59 >> Mayor Mei: THANK YOU. THE NEXT SPEAKER IS T 19:43:02 HEODORA 19:43:05 SCARATO. WELCOME. >> THANK YOU SO 19:43:09 MUCH. I'M EXECUTIVE DIRECTOR WITH ENVIRONMENTAL HEALTH TRUST, 19:43:12 WE'RE A SCIENTIFIC THINK TANK AND ACTUALLY WE ARE 19:43:15 ONE OF THE ORGANIZATIONS ON THE CASE IN THE D.C. 19:43:19 CIRCUIT FROM AUGUST 13TH. SO I'M CALL 19:43:22 ING IN JUST TO REALLY REITERATE 19:43:25 WHAT'S BEEN SAID, BUT I WANTED TO POINT SOMETHING OUT. 19:43:28 SO THE COURT SPECIFICALLY RULED 19:43:32 THAT THE FCC NEEDED TO ADDRESS ISSUES 19:43:35 OF LONG TERM EXPOSURE 19:43:39 AND ALSO IMPACTS TO CHILDREN AS WELL AS ENVIRONMENTAL EFFECTS 19:43:42 AND NON-CANCER EFFECTS, DAMAGE TO THE BRAIN, 19:43:45 AS WELL AS DAMAGE TO SPERM AND REPRODUCTION, WHICH HAVE 19:43:49 BEEN DONE IN THE PEER REVIEWED RESEARCH. BUT MOST PEOPLE JUST ASSUME 19:43:52 THAT, OF COURSE, THE U.S. GOVERNMENT HEALTH AND 19:43:55 SAFETY AGENCIES THAT WE WOULD JUST DEPEND ON AND 19:43:59 ASSUME THAT THEY'RE LOOKING INTO THIS ISSUE 19:44:02 , THAT THEY HAVE REVIEWED ALL THE SCIENCE BUT THEY HAVEN'T. 19:44:05 THERE'S BEEN NO REVIEW OF ALL OF THE SCIENCE OF ROBUST 19:44:08 REVIEW TO UNDERSTAND THE IMPLICATIONS FOR HUMAN HEALTH AND 19:44:12 THERE IS ADEQUATE, I MEAN, COPIOUS, 19:44:15 THOUSANDS OF PAGES OF DOCUMENTATION OF HARM ON THE RECORD 19:44:19 . AND AS HAS BEEN POINTED OUT, CHILDREN ARE MORE VULNERABLE 19:44:22 . THEY HAVE 19:44:27 -- SKULLS, THEY'RE MORAL ELECTRICALLY CONDUCTED, 19:44:30 THE RADIATION PENETRATES DEEPER INTO THEIR BRAIN COMPARED TO ADULTS 19:44:33 , AND OF COURSE THEY'RE GOING TO LIVE LONGER WITH MORE EXPOSURE 19:44:37 OVER THEIR LIFETIME, AND THEIR DEVELOPING BRAINS ARE 19:44:41 MORE VULNERABLE, MORE SENSITIVE TO INSULTS FROM 19:44:46 ENVIRONMENTAL ISSUES AND ESPECIALLY FOR THIS WHICH 19:44:49 RADIO FREQUENCY RADIATION WHICH IS AN ENVIRONMENTAL POLLUTANT 19:44:52 . SO IF YOU CAN IMAGINE, WOULD 19:44:56 YOU DRIVE AT A CAR AND LET YOUR 19:44:59 KIDS GO INTO A CAR WHERE THE SAFETY 19:45:03 SAFETY -- THE SEAT BELTS, THEY WOULDN'T EVEN BE SEAT BELTS, BUT ALL 19:45:06 THE SAFETY FEATURES HAVEN'T BEEN REVIEWED FOR 19:45:10 25 YEARS? THAT'S WHAT WE HAVE HERE. SO 19:45:13 THIS CASE REALLY PULLED THE COVERS OFF OF 19:45:19 SOMETHING THAT HAS BEEN LEGAL BUT THE SCANDAL IS WHAT HAS BEEN LEGAL. WHAT HAS BEEN 19:45:22 LEGAL IS THAT THE WIRELESS INDUSTRY HAS BEEN ABLE TO GET AWAY 19:45:26 BY THEIR DEEP POCKETS AND MONEY 19:45:31 BY CAPTURING AGENCIES THAT ARE SUPPOSED TO BE 19:45:34 DEFENDING US. SO I'M GLAD TO ANSWER ANY QUESTIONS 19:45:37 AT ANY TIME AT EA TRUST DOT.ORG AND TALK ABOUT WHAT'S GOING 19:45:40 ON IN OTHER COUNTRIES, SO JUST AS AN EXAMPLE, SOME COUNTRY 19:45:43 IES HAVE NO CELL TOWER 19:45:47 S NEAR SCHOOLS OR MUCH LOWER RADIO FREQUENCY RADIATION 19:45:50 LIMITS COMPARED TO THE UNITED STATES, 10 TO 19:45:54 100 TIMES LOWER. AND AS WELL, I WOULD LIKE TO POINT OUT 19:45:57 THAT THE AMERICAN ACADEMY OF PEDIATRICS, IF YOU GO TO 19:46:01 THEIR WEBSITE IN ELECTROMAGNETIC FIELDS 19:46:04 , THEY TALK ABOUT HEADACHES, MEMORY PROBLEMS, DEPRESSION, 19:46:07 SLEEP PROBLEMS, THANK YOU SO MUCH AND I HOPE THAT YOU 19:46:10 MAKE A DECISION, YOUR HANDS ARE NOT TIED, YOU NEED TO DO SOMETHING 19:46:13 -- >> Mayor Mei: THANK YOU 19:46:16 . AND THE NEXT SPEAKER IS YO 19:46:20 NGQIAN HUANG. 19:46:23 WAN 19:46:26 G. WELCOME. 19:46:36 >> 19:46:41 N 19:46:44 ONGQIA 19:46:48 YOU 19:46:51 ARE UNMUTED. HELLO, CAN YOU HEAR US? 19:46:56 PERHAPS WE'LL SKIP TO THE NEXT SPEAKER AND COME BACK. 19:46:59 EDDIE? 19:47:04 >> YES, HI. THANK YOU FOR TAKING THE TIME HERE 19:47:08 . I OWN A SMALL BUSINESS HERE IN FREMONT 19:47:11 . I HAVE OWNED A BUSINESS SINCE 19:47:15 1997 IN FREMONT AND I AM A FREMONT RESIDENT UP 19:47:18 UNTIL ABOUT THREE MONTHS AGO. THE BIGGEST 19:47:21 CONCERN THAT I HAVE, LACK OF COMMERCIAL 19:47:24 ENFORCEMENT IN COMMERCIAL AREAS 19:47:27 , AND THAT BEING SAID, I WANT TO ADD TO WHAT SOMEBODY 19:47:31 ELSE MENTIONED EARLIER. ABANDONED VEHICLES WHICH 19:47:34 CREATE HOMELESSNESS, THAT 19:47:38 IS ASSOCIATED WITH SUCH ABANDONED VEHICLES AND THE CRIME THAT 19:47:41 COMES ALONG WITH THAT. NOT JUST THE CRIME, IT'S THE LIT 19:47:44 LITTER, THE TRASH, AND IT'S 19:47:47 BAD FOR OUR COMMUNITY. 19:47:50 IT'S NOT JUST IMPACTING OUR BUSINESS. BUT IT'S 19:47:54 ALSO DETRACTING FROM THE QUALITY OF LIFE 19:47:57 THAT FREMONT HAS ALWAYS HAD. 19:48:01 THIS IS A VERY TOUCHY SUBJECT FOR ME BECAUSE I'VE BEEN BORN 19:48:04 AND RAISED HERE, AND TO WATCH THE CHANGE, IT'S NOT FOR 19:48:07 THE BETTER. CASE IN POINT. MY 19:48:10 BUSINESS, I NOW HAVE TO KEEP A LOT OF ALL THE TIMES THAT I 19:48:13 CONTACT THE POLICE DEPARTMENT FOR ENFORCEMENT 19:48:18 . JUST LAST WEEK, I HAD AN ENCOUNTER WITH 19:48:21 A HOMELESS PERSON 19:48:25 THAT WAS -- 19:48:28 IT SHOULDN'T HAVE HAPPENED. THEY WERE NOT CLOTHED, THEY 19:48:32 WERE CHEMICALLY ALTERED 19:48:35 , THEIR PERSONALITY, AND THEY WERE RUNNING AROUND WITH 19:48:38 THEIR ARMS FLAILING. MY STORL IS 19:48:42 STORE IS OPEN TO THE PUBLIC. I HAD WOMEN IN MY 19:48:45 AND CHILDREN IN MY BUSINESS AT THE TIME. 19:48:48 NOT ONLY DO I NOT FEEL SAFE FOR MY CUSTOMERS ANY LONGER, I 19:48:51 DON'T FEEL SAFE FOR OUR COMMUNITY, OR FOR MY 19:48:54 EMPLOYEES. AND THIS IS NOT WHAT I WANT FOR, A, FREMONT 19:48:58 , B, MY BUSINESS, AND SOCIETY 19:49:01 AS A WHOLE SHOULD BE BETTER THAN THIS. IF WE 19:49:04 DON'T FIX THE PROBLEMS BEFORE THEY SPIN OUT OF CONTROL 19:49:07 , THE PROBLEMS BECOME WORSE. AND THAT'S WHAT YOU'RE 19:49:10 SAYING NOW, JUST DRIVE 19:49:14 UP AND DOWN ALBRAE STREET. IT'S VERY 19:49:17 BAD. IT'S NOT SOMETHING I'M PROUD TO BE ASSOCIATED 19:49:20 WITH. YOU KNOW, WE CAN 19:49:24 DO BETTER. WE MUST DO BETTER. WE HAVE 19:49:27 EXISTING LAWS THAT WE'RE CHOOSING TO ENFORCE 19:49:30 OR NOT ENFORCE. AND THAT'S A PROBLEM 19:49:34 . LIKE, WITH THAT SAID 19:49:37 , THANK YOU FOR YOUR TIME 19:49:41 . 19:49:44 >> Mayor Mei: THANK YOU. AND THE FINAL SPEAKER 19:49:49 AGAIN IS -- 19:49:52 I DON'T KNOW IF THEY'RE STILL THERE? OKAY. I THINK THAT WAS 19:49:55 THE LAST OF OUR 19:50:00 PUBLIC SPEAKERS. I DON'T SEE YON 19:50:04 GQIAN. I'D LIKE TO CLOSE PUBLIC COMMENT 19:50:07 AND I'D LIKE TO BRING IT BACK TO THE COUNCIL FOR 19:50:10 -- WE USUALLY DON'T ADDRESS PUBLIC COMMUNICATIONS 19:50:14 . COUNCILMEMBER KASSAN, BECAUSE WE DON'T -- WE 19:50:17 CAN'T COMMENT ON THINGS THAT ARE NOT AGENDIZED. 19:50:20 >> Councilmember Kassan: OKAY. I GUESS I DID HAVE A 19:50:23 QUESTION ABOUT THE TOPIC THAT WAS BROUGHT UP BY MANY SPEAKERS 19:50:27 FOR THE CITY ATTORNEY. IS IT APPROPRIATE TO 19:50:30 ASK A QUESTION OR -- 19:50:33 >> Mayor Mei: I DON'T THINK WE CAN ADDRESS THINGS THAT ARE NOT 19:50:36 AGENDIZED. I'LL LEAVE THAT TO OUR COUNSEL, GENERAL COUNCIL 19:50:40 COUNSEL, DEBRA MARGOLIS. 19:50:42 >> Ms. Margolis: WE TYPICALLY DON'T ADDRESS ITEMS THAT ARE NOT ON THE AGENDA. 19:50:46 YOU CAN ASK A VERY BRIEF QUESTION OF STAFF OR YOU 19:50:49 CAN ASK AN ITEM BE AGENDIZED, 19:50:52 BUT THAT'S ABOUT IT. >> Councilmember Kassan: OKAY. I WOULD LIKE 19:50:55 THE ITEM TO BE AGENDIZED RELATED TO THE QUESTIONS 19:50:59 AROUND OUR RIGHTS AS A CITY WITH RESPECT TO 19:51:02 REGULATING SMALL CELL INFRASTRUCTURE 19:51:05 . THANK YOU. 19:51:14 >> Mayor Mei: SURE. WE'LL HAVE TO BRING THAT AGENDA ITEM UP 19:51:17 FOR THE FUTURE AND WE'LL HAVE THE APPROPRIATE STAFF, BUT I KNOW WE 19:51:20 HAVE ADDRESSED THIS AND WE CAN GIVE AN UPDATE AS TO 19:51:24 THE CURRENT LAW AND WHAT WE'VE BEEN ALREADY 19:51:29 -- COUNSEL TO. GREAT. 19:51:33 NEXT, JUST TO 19:51:36 CLARIFY FOR PEOPLE WHO ARE LISTENING TO THIS, WE CANNOT ADDRESS 19:51:39 AGENDA ITEMS THAT ARE NOT AGENDIZED THIS EVENING. BUT 19:51:42 AS COUNCILMEMBER KASSAN HAS ASKED, WE CAN LOOK 19:51:46 FOR ADDING THEM TO FUTURE AGENDA ITEMS 19:51:49 . NEXT IS OUR CONSIDERATION OF A 19:51:52 CITY MANAGER CONTRACT, ITEM 7A 19:51:55 THIS EVENING. AND OUR HUMAN RESOURCES 19:51:58 MANAGER, 19:52:01 ALAN, WILL INTRODUCE THE ITEM AND IS AVAILABLE FOR QUESTIONS. 19:52:06 >> GOOD EVENING, MAYOR, CITY COUNCIL 19:52:09 . THE REPORT THAT WAS SUBMITTED OUTLINES 19:52:15 A CONTRACT WITH PROSPECTIVE 19:52:18 CITY MANAGER KARENA SHACKELFORD THAT'S CONSISTENT 19:52:22 WITH COUNCIL AUTHORIZATION. THE REPORT OUTLINES 19:52:25 ELEMENTS OF COMPENSATION AND BENEFITS 19:52:29 . I WOULD BE HAPPY TO ANSWER ANY QUESTIONS THAT 19:52:32 YOU HAVE ABOUT THE STAFF RECOMMENDATION. 19:52:38 >> Mayor Mei: SO AT THIS TIME, WE ARE ONLY TAKING QUESTIONS 19:52:41 , BUT -- FROM THE COUNCILMEMBERS AND 19:52:44 I THINK WE ALSO HAVE A MEMBER OF THE PUBLIC THAT WOULD LIKE TO ASK QUESTIONS 19:52:47 OR MAKE A COMMENT. COUNCILMEMBER COX, DO YOU HAVE A QUESTION 19:52:51 ? MY 19:52:54 APOLOGIES, COUNCILMEMBER COX, YOU ARE ON MUTE. >> Councilmember Cox: I DON'T 19:52:57 HAVE A QUESTION RIGHT NOW, BUT CERTAINLY TO MAKE COMMENTS AFTER 19:53:00 THE PUBLIC COMMENTS. >> Mayor Mei: SURE. THANK YOU. 19:53:04 I'D LIKE TO TURN THIS OVER TO 19:53:07 ASK FOR PUBLIC COMMENT. I SEE WE HAVE A HAND RAISED FROM CHRIS. 19:53:16 WELCOME, CHRIS. >> I WOULD LIKE CITY GOVERNMENT 19:53:19 TO WORK THE WAY IT SHOULD, BUT THE 19:53:22 MERCURY NEWS CLEARLY 19:53:26 REPORTS THAT THIS PERSON HAS ALREADY RECEIVED THE JOB 19:53:30 . SO 19:53:34 IT SEEMS, ARE WE DOING A FORMALITY HERE, OR DOES THE 19:53:37 CITY COUNCIL ACTUALLY MAKE THE DECISION WHEN THEY MAKE THE 19:53:40 DECISION? 19:53:43 BECAUSE WHAT I THINK FREMONT HAS FAILED TO REALIZE IS THEY GOT SUED 19:53:48 FOR DOING THINGS OUTSIDE THE CITY COUNCIL, AND THIS 19:53:51 CLEARLY PROVES THEY'VE DONE SOMETHING 19:53:54 OUTSIDE OF CITY COUNCIL MEETINGS, BECAUSE THERE'S 19:53:58 ALREADY A THING IN THE NEWSPAPER THAT SAYS SHE'S GOTTEN THE JOB. 19:54:02 I HAVE NOTHING AGAINST HER. AND I WANT TO BE CLEAR ABOUT THAT 19:54:05 . AND SHE'S PROBABLY TOTALLY QUALIFIED FOR THE JOB. 19:54:09 MY ISSUE IS, IT'S ALREADY REPORT 19:54:13 REPORTED IT BEEN DONE, WHICH MEANS THAT THE CITY COUNCIL 19:54:16 DECISION HERE IS 19:54:20 ALREADY BEEN LEAKED OR IT'S ALREADY MADE A DECISION. BUT THE 19:54:23 BROWN ACT PREVENTS THAT FROM HAPPENING, AND YOU GUYS HAVE 19:54:26 ALREADY BEEN SUED FOR THAT. SO I THINK THE CITY COUNCIL NEEDS 19:54:29 TO WAKE UP TO 19:54:34 WHAT THEY DO HERE. YOU EITHER DO THINGS BY THE LAW OR 19:54:38 YOU DON'T DO THEM. BUT YOU 19:54:41 CONTINUE TO DO THINGS THAT ARE NOT ALLOWED BY THE LAW 19:54:45 . THANK YOU. 19:54:49 >> Mayor Mei: THANK YOU. AND NOW I WILL 19:54:52 CLOSE THE PUBLIC COMMENT AND BRING IT BACK TO THE COUNCIL 19:54:55 FOR COMMENTS. AT THIS TIME BEFORE 19:54:58 WE MAKE A VOTE, AND WE CAN ALSO HAVE COUNCIL ADDRESS 19:55:02 SOME OF THE COMMENTS ABOUT PROCEDURE 19:55:05 S. COUNCILMEMBER COX. >> Councilmember Cox: YES. 19:55:09 I WOULD FIRST LIKE TO HAVE DEBRA 19:55:12 ADDRESS HOW THE DECISION WAS MADE. 19:55:18 >> Ms. Margolis: I'D BE HAPPY TO. THE CITY COUNCIL MET IN 19:55:21 A LEGALLY NOTICED CLOSED SESSION LAST 19:55:24 WEEK, WHERE THEY CONSIDERED THE POSSIBILITY OF APPOINTING A 19:55:28 NEW CITY MANAGER, AND THEY DID DECIDE TO 19:55:31 APPOINT KARENA SHACKELFORD. HOWEVER, THAT APPOINTMENT IS 19:55:34 NOT EFFECTIVE UNTIL AN EMPLOYMENT AGREEMENT 19:55:37 WITH MS. SHACKELFORD IS APPROVED IN OPEN 19:55:40 SESSION BY THIS COUNCIL. SO WHILE 19:55:44 THE COUNCIL EXPRESSED 19:55:47 THEIR DESIRES LAST WEEK, IT'S NOT AN OFFICIAL ACTION UNTIL 19:55:50 TONIGHT'S EMPLOYMENT AGREEMENT IS APPROVED, AND THAT'S 19:55:53 WHY WE'RE HERE TONIGHT. 19:55:56 >> Mayor Mei: THANK YOU, DEBRA, FOR THAT CLARIFICATION 19:55:58 . >> Councilmember Cox: I HAD ONE OTHER PART. 19:56:01 I WAS JUST GOING TO EMPHASIZE THAT 19:56:05 IN LOOKING AT THE RESUME AND THE 19:56:08 HER EXPERIENCES, THAT KARENA 19:56:12 SHACKELFORD HAS OVER 20 YEARS OF GOVERNMENT EXPERIENCE, INCLUDING SERVE 19:56:15 ING IN OUR CITY OF FREMONT AS AN 19:56:19 ASSISTANT CITY MANAGER 19:56:22 . AND BASED ON DIFFERENT EXPERIENCES 19:56:25 THAT SHE HAS REALLY WORKED WELL WITH EVERY 19:56:28 ONE, SHE'S BORN AND RAISED IN FREMONT, AND GRADUATED 19:56:32 FROM IRVINGTON HIGH SCHOOL, AND 19:56:36 ALL OF US HAVE MOVED FORWARD TO BELIEVE THAT KARENA 19:56:39 IS THE BEST CHOICE FOR FREMONT, AND SO 19:56:42 I WOULD LIKE TO MOVE FORTH THE MOTION 19:56:46 TO APPROVE THE EMPLOYMENT CONTRACT 19:56:49 THAT IS BEFORE US AND TO APPOINT KARENA SHACKELFORD 19:56:53 AS THE APPOINTED CITY MANAGER. 19:56:57 >> Councilmember Keng: I WILL SECOND THAT. >> Mayor Mei: OKAY. 19:57:00 WELL, THAT'S FINE. I THINK, RAJ, COUNCILMEMBER 19:57:03 SALWAN, DID YOU HAVE YOUR HAND UP I SAW EARLIER 19:57:06 ? >> Councilmember Salwan: I JUST WANTED THE CITY ATTORNEY TO CLARIFY THE 19:57:08 PROCESS, SO SHE DID A GOOD JOB. THANK YOU. >> Mayor Mei: THANK YOU VERY MUCH. 19:57:11 I WAS GOING TO SAY, I THOUGHT I SAW YOUR HAND 19:57:15 UP AND I WAS WONDERING THAT. SO THANK YOU. WE HAVE A MOTION BY 19:57:18 COUNCILMEMBER COX AND A SECOND BY COUNCILMEMBER KENG. AND 19:57:21 I JUST WANTED TO SHARE REAL QUICKLY THAT I VERY MUCH ENJOY 19:57:24 ED THE OPPORTUNITY TO WORK WITH KARENA 19:57:27 IN MANY DIFFERENT CAPACITIES, BOTH AS A SCHOOL BOARD 19:57:31 MEMBER IN THE PAST AND ALSO AS A CITY COUNCILMEMBER AND MAYOR 19:57:34 . AND SO I LOOK FORWARD TO PARTNERING WITH HER IN THIS CONTINUED 19:57:38 EFFORT TO HELP US BRING THE COMMUNITY 19:57:42 FORWARD, AND I HAVE FULL CONFIDENCE IN HER ABILITIES. 19:57:45 AND SO WE HAVE A MOTION AND A SECOND. 19:57:48 AND THANK YOU, DEBRA, FOR THE CLARIFICATION OF THE 19:57:51 PROCESS, BECAUSE IT IS OFFICIAL ONCE WE RATIFY AND APPROVE 19:57:54 THE CONTRACT. AND SO IF 19:57:57 WE HAVE A ROLL CALL VOTE, PLEASE, MS. GAW 19:58:01 GAUTHIER? >> Ms. Gauthier: YES, MADAME MAYOR. 19:58:05 COUNCILMEMBER COX, AYE. COUNCILMEMBER SALWAN, AYE. COUNCILMEMBER 19:58:08 KASSAN, AYE. 19:58:11 COUNCILMEMBER JONES, AYE. COUNCILMEMBER 19:58:14 KENG, AYE. VICE MAYOR SHAO 19:58:18 , AYE. MAYOR MEI, AYE. 19:58:21 SO THE MOTION PASSES UNANIMOUSLY. AND 19:58:24 I'D LIKE TO BE THE FIRST TO 19:58:27 CONGRATULATE MS. SHACKELFORD IN HER NEW ROLE AS OUR 19:58:30 CITY MANAGER, AND I CAN SEE RICK WAS CLAP 19:58:33 PING. OR I COULD HEAR IT VIRTUALLY. AND WE 19:58:36 LOOK FORWARD TO THE EFFORTS IN TERMS OF MOVING 19:58:40 US FORWARD AS A COMMUNITY, ESPECIALLY IN THESE CHALLENGING 19:58:43 TIMES. AND SO MY BEST WISHES TO YOU AND YOUR 19:58:46 FAMILY, AND PLEASE SAY HI TO YOUR PARENTS AND YOUR 19:58:49 FAMILY FOR US. SO THANK YOU. CONGRATULATIONS. 19:58:55 THAT WAS THE LAST REGULARLY SCHEDULED AGENDA ITEM THIS 19:58:58 EVENING. 19:59:02 I APPRECIATE THE COMMENTS. 19:59:05 THERE WILL BE A STATE OF THE CITY ON THURSDAY, SO I'D LIKE TO INVITE PEOPLE 19:59:08 TO PLEASE JOIN US FOR THAT. AND WE 19:59:11 WILL LOOK FORWARD TO WORKING WITH ALL OF YOU AS WE MOVE 19:59:14 FORWARD. WE ALSO HAVE, I BELIEVE, A JOINT SCHOOL 19:59:18 BOARD AND CITY COUNCIL MEETING WITH THE ADVISORY 19:59:22 -- JOINT COMMISSION HERE -- MEETING I THINK NEXT WEEK ALSO 19:59:25 . SO -- AND ALSO FINALLY, IN CLOSING, WE 19:59:28 WOULD LOVE FOR PEOPLE TO PARTICIPATE IN THE REDISTRICTING DISCUSSIONS 19:59:32 . THAT'S HAPPENING RIGHT NOW, AFTER OUR CENSUS, BOTH 19:59:36 AT THE COUNTY, STATE, 19:59:39 AND WILL BE ALSO HAPPENING AT THE 19:59:44 CITY LEVEL. WE HAVE FOUR PUBLIC HEARINGS BEFORE WE'LL MAKE 19:59:47 SOME DISCUSSIONS ON THE MAPS. SO 19:59:50 I ALSO WANTED, IN CLOSING, JUST TO PAUSE FOR A MOMENT 19:59:54 OF SILENCE. I KNOW IT'S BEEN A VERY TOUGH WEEK. 19:59:57 WE'VE LOST SOME DEAR FRIENDS AND ALSO 20:00:00 SOME LEADERS, AND SO I WOULD HOPE FOR MORE PEACE 20:00:03 , MORE HEALING, AND SO I'M JUST GOING TO PAUSE FOR A MOMENT OF 20:00:06 SILENCE. 20:00:17 THANK YOU SO MUCH, AND AS WE HIT THE SAD NUMBER OF OVER 20:00:20 700,000 LIVES LOST, WE ASK THAT ALL OF YOU BE KIND TO ONE ANOTHER 20:00:24 AND TO WORK WITH US TO KEEP US MOVING 20:00:27 FORWARD AND STAYING HEALTHY. THANK YOU FOR YOUR TIME, FOR YOUR 20:00:30 SUPPORT, AND BE SAFE AND BE WELL. HAVE A GOOD EVENING.