MINUTES
FREMONT CITY COUNCIL SPECIAL MEETING
APRIL 1, 2025
FREMONT CITY HALL AND
VIRTUAL MEETING VIA ZOOM
5:45 PM
TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Councilmember Shao from:
Sheraton Grand Taipei Hotel
Business Center
No. 12 Section 1 Zhongxiao East Road
Zhongzheng District, Taipei City, Taiwan, 10049
Call to Order: Vice Mayor Keng called the meeting to order at 5:45 p.m.
Roll Call: Present: Vice Mayor Keng, Councilmembers: Campbell, Kimberlin, Shao, Zhang, and Liu. Mayor Salwan arrived at 5:51 p.m.
Public Comment: Katherine Rubie, Rachel Kuhne, Grace Shepherd, and Lily Mei CONVENED TO A CLOSED SESSION at 5:55 p.m.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:
(Government Code Section 54956.9)
Annual Litigation Update:
The City Council will receive its regular annual update on existing litigated matters:
1. Jade Bello v. City of Fremont (Filed: 2024)
Alameda County Superior Court, Case No. 24CV060104
2. California Homeless Union et al., v. City of Fremont U.S. District Court, California Northern District, Case No. 3:25-cv-02225 MMC
3. Chung-Ho Chen v. City of Fremont (Filed 2024)
Alameda County Superior Court, Case No. 24CV057824
4. Stephanie Constancio v. City of Fremont (Filed: 2022) Alameda County Superior Court, Case No. 22CV021142
5. Sofia Florian v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV045305
6. Michael Foust v. Pacific Bell Telephone; City of Fremont (Filed: 2022) Alameda County Superior Court, Case No. 22CV013289
7. Esteban Garibay v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV050737
8. Michael Gebhardt v. City of Fremont (Filed: 2022)
Alameda County Superior Court, Case No. 22CV022860
9. Daniel Geri v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV025575
10. Mary Hyde v. City of Fremont (Filed: 2022)
Alameda County Superior Court, Case No. 22CV010244
11. Davina Johnson v. City of Fremont (Filed 2024)
Alameda County Superior Court, Case No. 24CV057806
12. Kelly King v. City of Fremont et al. (Filed: 2023)
U.S. District Court, California Northern District, Case No. 3:23-cv-00230 AMO
13. Lorenzo Lamar v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV056454
14. Mary Manners v. City of Fremont (Filed: 2022)
Alameda County Superior Court, Case No. 22CV021879
15. Jessica Maroudas v. City of Fremont (Filed: 2024)
Alameda County Superior Court, Case No. 24CV086054
16. Miselsi Johana Membreno Castro v. City of Fremont (Filed: 2024) Alameda County Superior Court, Case No. 24CV075287
17. Michael Olson v. City of Fremont (Filed: 2023)
Alameda County Superior Court, Case No. 23CV038889
18. Vincent Salih v. City of Fremont (Filed: 2023)
U.S. District Court, California Northern District, Case No. 3:23-cv-05108 LJC
19. Franck Sanchez v. City of Fremont (Filed: 2024)
Alameda County Superior Court, Case No. 24CV082581
20. Temple of 1001 Buddhas, MiaoLan Lee, et al. v. City of Fremont (Filed: 2021) U.S. District Court, California Northern District, Case No. 3:21-cv-04661 CRB; and Alameda County Superior Court, Case No. 21CV002808
21. Phoebe Walters v. City of Fremont (Filed 2023)
Alameda County Superior Court, Case No. 23CV046855
22. Fang Xia v. City of Fremont (Filed 2024)
Alameda County Superior Court, Case No. 24CV080204
The Special Meeting of the Fremont City Council adjourned at 6:55 p.m.
Attest: Approved:
Susan Gauthier, City Clerk RAJ SALWAN, Mayor
*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
APRIL 1, 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:
Sheraton Grand Taipei Hotel
Business Center
No. 12 Section 1 Zhongxiao East Road
Zhongzheng District, Taipei City, Taiwan, 10049
1. PRELIMINARY
A. Call to Order: Mayor Salwan called the meeting to order at 7:02 p.m.
B. Flag Salute: Vice Mayor Keng led the salute to the flag.
C. Roll Call: Mayor Salwan, Vice Mayor Keng, Councilmembers: Campbell, Kimberlin, Shao, Zhang, and Liu. Councilmember Shao departed at 8:33 p.m.
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 and introduced colleagues.
E. Report Out of Closed Session (if applicable)
City Attorney Alvarado reported that the Council conducted a conference in Closed Session this evening. The Council discussed Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9. No reportable action was taken.
2. CONSENT CALENDAR
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.
On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council waived further readings of proposed ordinances.
*Consent Items
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* B. Approval of Minutes – None.
* C. Mayor Salwan opened consideration of authorizing City Manager, or her Designee, to Execute a Lease Agreement for Use of the Fremont Community Activities Center (Fremont Cultural Arts Council)
On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council authorized the City Manager, or her designee, to execute a new 5-year lease agreement with two, 5-year renewal options with the Fremont Cultural Arts Council for the use of the Fremont Community Activities Center, 3375 Country Drive.
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* D. Mayor Salwan opened consideration of approving a Professional Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $1,365,309 (including 15% Contingency) for Design Services for the East Bay Greenway Trail Segment from Irvington to the Fremont BART Station (PWC9101); Appropriation Actions; and Make Findings of CEQA Exemption.
On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council Approved the following actions related to the East Bay Greenway (Irvington to Fremont BART) Project (PWC9101):
1. Authorized the City Manager, or her designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., in an amount not-to-exceed $1,365,309 for design services.
2. Authorized the City Manager, or her designee, to conduct all negotiations and execution of all documents related to the federal earmark funds.
3. Reallocated $200,000 from PWC9041-136 to PWC9101-136.
4. Found that the actions are exempt from environmental review as a separate and independent base for CEQA compliance, under CEQA Guidelines, Section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment). *Consent Items
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* E. Mayor Salwan opened consideration of authorization to Execute an Amendment with Lyft, Inc. for Ride-On Tri-City’s Ride-Hailing Service; Appropriation of additional funds to Measure BB Paratransit Fund; and Making Finding of CEQA Exemption. (Transportation Services for Older Adults and People with Disabilities (RIDE-ON TRICITY!)) On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council:
1. Authorized the City Manager, or her designee, to execute an amendment to the current agreement with Lyft, Inc. to increase the not to exceed amount for FY 2024/25 services from $270,000 to $380,000.
2. Appropriated an additional $110,000 in the Measure BB Paratransit Fund (Fund 252).
3. Made a finding of CEQA exemption.
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* F. Mayor Salwan opened consideration of approving Plans and Specifications, and Award a Contract to O’Grady Paving, Inc. in the Amount of $2,963,125.80 (Including 5% Contingency) for the 2025 Pavement Rehabilitation Project (PWC8234-Y); Make Findings of CEQA Exemption.
On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council approved the following actions related to the 2025 Pavement Rehabilitation Project (PWC8234-Y):
1. Approve the plans and specifications for the project.
2. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, O’Grady Paving, Inc. in the amount of $2,822,125.80, plus a 5% construction contingency in the amount of $141,000.00 for a total construction contract amount of $2,963,125.80 and authorize the City Manager, or her designee, to execute the contract.
3. Find this project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing) and Section 15302 (replacement or reconstruction of existing structures/facilities).
*Consent Items
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* G. Mayor Salwan opened consideration of authorizing the City Manager to amend the Memorandum of Understanding (MOU) with Teamsters, Local 856.
On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council authorized the City Manager, or her designee, to enter into a side letter agreement with the Teamsters, Local 856 Union, amending the current Memorandum of Understanding (MOU) between the two parties to adjust base compensation for Police Communications Dispatcher Supervisors by 4% and Police Communications Dispatchers by 2% effective as soon as administratively feasible.
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* H. Mayor Salwan opened consideration of approval of 5-year, $450,000 Contract, with a $175,000 Option to Extend for Two Years, between City and Living Systems Land Management for Weed Abatement and Fire Fuel Management at Sabercat Historical Park and Making Findings of CEQA Exemption. (Weed Abatement by Goats) On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council authorized the City Manager, or her designee, to execute a contract with Living Systems Land Management for Weed Abatement by Goats at Sabercat Historical Park in the amount of $450,000 for five years with the option to extend for an additional two years in an amount notto-exceed $175,000.
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* I. Mayor Salwan opened consideration of authorization to Execute a Five Year Agreement for Investment Advisory Services with PFM Asset Management for an annual not-to-exceed amount of $350,000.
On a motion by Councilmember Liu, seconded by Vice Mayor Keng, the City Council authorized the City Manager, or her designee, to execute an agreement with PFM Asset Management, a division of U.S. Bancorp Asset Management, Inc., to provide investment *Consent Items
advisory services at an annual not-to-exceed amount of $350,000 for a term beginning when the previous agreement expires and ending on June 30, 2030.
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Arts, Culture, and Creativity Month (April 2025) B. Proclamation: Earth Day 55th Anniversary (April 22, 2025) C. Recognition for the Santa Clara County 2024 Synopsys Championship Science Fair Winners from Fremont
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:
Rachel Kuhne, Grace Shepherd, Vipin Sharma, Katherine Rubie, Golden Shao, and Sundari Yanamanram. There being no additional speakers, Mayor Salwan closed the public comment period.
5. SCHEDULED ITEMS – None.
6. OTHER BUSINESS
A. Mayor Salwan opened consideration of receiving Presentation and Provide Input to Staff on the Preparation of the City’s Five-Year Capital Improvement Program (CIP) for Fiscal Years 2025/26 through 2029/30
Public Works Director Hans Larsen and Community Services Director Kim Beranek shared a presentation. Staff responded to questions from Councilmembers. Councilmembers provided comments. Mayor Salwan opened the Public Comment period. The following people commented: Gary Mills (Niles Main Street), Krysten Laine (Niles Main Street), Steve Skala, John Hinds, and Abe Mazliach. There being no additional speakers, Mayor Salwan closed the Public Comment period. Staff responded to questions from Councilmembers.
On a motion by Councilmember Zhang, seconded by Councilmember Campbell, the City Council Receive presentation and provided input to staff on the preparation of the City’s *Consent Items
Five-Year Capital Improvement Program (CIP) for Fiscal Years 2025/26 through 2029/30 and find that the action is exempt from CEQA review per CEQA Guidelines Section 15378.
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Zhang and Liu
Noes: None
Absent: Councilmember Shao
Abstain: 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
Councilmembers reported on their various meetings.
8. ADJOURNMENT: There being no further business, Mayor Salwan adjourned the meeting at 9:00 p.m.
Attest: Approved:
Susan Gauthier, City Clerk RAJ SALWAN, Mayor