*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
FEBRUARY 11, 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 Councilmember Shao from:
Courtyard by Marriott Longview North
1125 E. Hawkins Parkway, Room 219
Longview, TX 75605
1. PRELIMINARY
A. Call to Order: Mayor Salwan called the meeting to order at 7:01 p.m.
B. Flag Salute: Councilmember Kimberlin 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 Zhang, seconded by Councilmember Liu, 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
*Consent Items
* B. Mayor Salwan opened consideration of Approval of Minutes – None. * C. Mayor Salwan opened consideration of a Second Reading and Adoption of an Ordinance of the City of Fremont Adopting Chapter 8.90 of the Fremont Municipal Code to Adopt a Camping Ordinance
This agenda item was removed from the Consent Calendar and heard after Agenda Item 6.A.
Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.
Deputy City Manager Allen DeMers, Homeless Services Manager Laurie Flores, Chief of Police Sean Washington, and Human Resources Director Arquimides Caldera responded to questions from Councilmembers. Mayor Salwan opened the public comment period. The following people commented: Rachel Coutant, Jeanine DeBacker, Michele Lin Chung, Theresa Ballard, Thaddeus Sprinkles, Chung, JunMei Zhang, Vivian Wan (Abode Services), Amy deLanda, Felix Lai (Resonate Church), Herb Chiu, Patti Maddon, Alexander Gregory (Fremont Police Association), Elaine Sanchez (Sisters of the Holy Family), Rosa Cheung, Matthew Taylor (Northport Business Park), Tom Taylor (Northport Business Park), Jenna Daugherty, Kathy Miranda, Bertha deLanda, David Gutierrez (DG Auto Body), Min Pan, Yichih Shern, Meiling Li (MJ Sushi), Sierra Fields, Min Shih Chi, Padma Gopalakrishnan, Richard Gerome, Sunil Sethi, Deepak Sethi, Dormaine Gerome, Chunchi Ma, Elena Chin, Thye-Lai Tung, Cathy Liu, Joe Rose (NAMI National Alliance of Mental Illness), Johana and Ariel, Rev. Greg Ward (Mission Peak Unitarian Universalist Cong.), Al Minard, Stella Yung, Helen Lin, Arun Ramani, Sundari Yanamanram, Venkat Rangaswamy, Kiran Yenugulda, Himmat Grewal, Joanne Kemp, Krishnendu Chakraborty, Gang Li, Chui So, Elizabeh Schaefer (Mission Peak Unitarian Universalist Congregation), Serena Myjer, Tony Hu, Claire Gallegos, Barbara Meyers (Mission Peak UU Congregation), Katherine Rubie, Kimberly Wise (Suicide Awareness/Homeless), Tasha Boggs (Melino Foundation), Bessie Hupp, David Hupp, Maya Yogi, Morris Henriquez (Bay Area Baptist Church), Candi Kristoffersen (LAM Research), Pastor Youngini Jung (Fremont United Methodist), Annie Koruga (ACDP), Bridget Monohan McShea (Fremont for Everyone), Toni Shellen, and Ramesh Kuma. There being no additional speakers, Mayor Salwan closed the public comment period. Staff responded to additional questions from Councilmembers. Councilmembers provided comments.
On a motion by Councilmember Zhang, seconded by Councilmember Liu, to extend the meeting 15 minutes.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
*Consent Items
On a motion by Mayor Salwan, to adopt the ordinance with clarifying language around the aiding and abetting, as far as what it applies to, such as food and water is allowed assistance but not structures and reducing the fine, seconded by Councilmember Kimberlin.
On a substitute motion by Councilmember Shao, seconded by Councilmember Liu, to adopt the ordinance as it was written.
Ayes: Councilmembers: Shao and Liu
Noes: Mayor Salwan, Vice Mayor Campbell,
Councilmembers: Zhang, Kimberlin, Keng
Absent: None
Abstain: None
On a motion by Councilmember Liu, seconded by Councilmember Zhang, to extend the meeting an additional 15 minutes.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
Mayor Salwan withdrew his initial motion. Additionally, Mayor Salwan requested inclusion of City Attorney Alvarado’s explanation of the aiding and abetting: There are two sections in the ordinance that define activity that is considered violative of the ordinance, in broad strokes, one is camping, and the other is storage on public property. Those two sections do not identify feeding members of the public or providing clothing to members of the public as violations of this camping ordinance. So there would be no basis to pursue criminal enforcement of someone that hands someone else food or clothing under the terms of this ordinance as written.
On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council adopted Ordinance No. 05-2025 adding Chapter 8.90 to the Fremont Municipal Code.
Ayes: Mayor Salwan, Councilmembers: Keng, Kimberlin, Shao, Zhang and Liu
Noes: Vice Mayor Campbell
Absent: None
Abstain: None
*Consent Items
* D. Mayor Salwan opened consideration to Approve the Closeout of Completed Capital Projects; Partial Defunding of Selected Projects; and Fund Reallocations and Appropriations. Make Findings of CEQA Exemption
On a motion by Councilmember Zhang, seconded by Councilmember Liu, the City Council:
1. Approved the closeout of the capital projects identified on Exhibit A and return the remaining project appropriations to available fund balance in their respective funds.
2. Approved the defunding of the capital projects identified on Exhibit A and return the remaining project appropriations to available fund balance in their respective funds.
3. Approved appropriation actions identified on Exhibit A.
4. Found the actions are exempt from the California Environmental Quality Act (CEQA) because they are an administrative fiscal activity and not projects under CEQA Guidelines Section 15378.
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 – None.
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 Vice Mayor Campbell, seconded by Councilmember Kimberlin, the City Council requested to hear Agenda Item 6.A, prior to Agenda Item 2.C, which had been removed from the Consent Calendar.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
5. SCHEDULED ITEMS – None.
*Consent Items
6. OTHER BUSINESS
A. Mayor Salwan opened consideration of a Presentation on Project Status for the Central Park Community Center Project (PWC9087); Approve a Professional Services Agreement with Kitchell CEM, Inc. in an Initial Amount Not to Exceed $1,437,500 (Including 15% Contingency) for Construction Management Services; Reallocation of Funds for Public Art; and Find that No Further Environmental Review is Required Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).
This agenda item heard prior to Agenda Item 2.C, which was removed from the Consent Calendar.
Public Works Director Hans Larsen and Community Services Director Kim Beranek shared a presentation and responded to questions from Councilmembers.
On a motion by Vice Mayor Campbell, seconded by Councilmember Zhang, the City Council received a presentation on project status for the Central Park Community Center Project (PWC9087) and approve the following actions:
1. Authorized the City Manager, or her designee, to execute a Professional Services Agreement with Kitchell CEM, Inc., in an amount not-to-exceed $1,437,500 for construction management services.
2. Reallocated up to $470,000, or 1% of the final Engineer’s estimate of the construction cost of the Central Park Community Center, from the Central Park Community Center funds (PWC9087) to Public Art (PWC8686).
3. Found based on the evidence in the record as a whole and exercising its independent judgment, that (1) no further environmental review is required pursuant to Section 15183 of the California Environmental Quality Act (CEQA) Guidelines as the project would not result in new or substantially more severe significant environmental effects than what was analyzed in the General Plan previously prepared and certified, as analyzed in the Environmental Compliance Checklist shown in Exhibit “A” and/or (2) is exempt from CEQA Guidelines Section 15378(b), as the fund appropriations constitute fiscal activity which do not involve committing funds to a specific project which may result in potentially significant physical impact on the environment beyond those analyzed in the aforementioned EIR. Each of the foregoing provides a separate and independent basis for CEQA compliance with respect to the subject action.
Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:
Keng, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
*Consent Items
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 11:55 p.m.
Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk RAJ SALWAN, Mayor