*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
MAY 6, 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 Kimberlin led the salute to the flag.
C. Roll Call: Mayor Salwan, Vice Mayor Keng, Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Absent: Councilmember 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 (if applicable) – 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 Zhang, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Shao, and Zhang
Noes: None
Absent: Councilmember Liu
Abstain: None
* B. Mayor Salwan opened consideration of Approval of Minutes – None. * C. Mayor Salwan opened consideration of an Annual Review and adopt a resolution approving the military equipment possessed and utilized by the Fremont Police *Consent Items
Department (FPD) for the reporting period of April 2024 to March 2025; Approve Additional Unmanned Aerial Systems (Military Equipment Annual Report) On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council adopted Resolution No. 2025-12 approving the Military Equipment Use Policy, the Department’s April 2024 to March 2025 Annual Military Equipment Use Report, and purchase of three UAS increasing the authorized total UAS from 14 to 17.
Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None
Absent: Councilmember Liu
Abstain: None
* D. Mayor Salwan opened consideration of Approval to Adopt a Resolution and Spending Plan of the 2024/25 State of California Citizens Option for Public Safety (COPS) Grant; Appropriation Actions (Acceptance of COPS Grant)
On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council:
1. Adopted Resolution No. 2025-13 accepting the 2024/25 California Citizens Option for Public Safety (COPS) grant in the amount of $725,822 as allocated in the Supplemental Law Enforcement Services Account (SLESA) for the Fremont Police Department and approving the spending plan set forth in the resolution to purchase items supporting front line law enforcement services.
2. Increase the revenue estimate and appropriate $67,584 in the COPS Grant Fund (Fund 151) for the purchase of UAVs and ballistic vests.
Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None
Absent: Councilmember Liu
Abstain: None
* E. Mayor Salwan opened consideration of Approval of Annual Approval of Investment Policy and Delegation of Authority to City Treasurer to Manage Investments This item was removed from the Consent Calendar. Staff responded to questions from Councilmembers.
On a motion by Councilmember Shao, seconded by Councilmember Campbell, the City Council adopted Resolution No. 2025-14 approving the City’s Investment Policy for FY 2025/26 and delegating the City Council’s authority to invest and reinvest public funds, and to sell or exchange securities so purchased, to the Finance Director/Treasurer for one year or until earlier revoked by the City Council.
*Consent Items
Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None
Absent: Councilmember Liu
Abstain: None
* F. Mayor Salwan opened consideration of Approval for Introduction of Ordinances Amending Chapter 8.70 of Fremont Municipal Code to Expand the Definition of a Residential Unit that Qualifies for Tenant Relocation Assistance as Defined by State Law, Amending Chapter 8.75 to Clarify Tobacco Retail License Ordinance Enforcement, and Adding Chapter 8.85 of the Fremont Municipal Code, to create an Elevated Exterior Elements Ordinance and to Consider a Finding that the Ordinances are Exempt from the Requirements of the California Environmental Quality Act (CEQA) per, Each as a Separate and Independent Basis, CEQA Guidelines Section 15061(b)(3), 15378(b)(2) and 15378(b)(5). (Code Enforcement Code Updates)
On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council:
1. Waived the first reading and introduced the ordinance, attached as Exhibit A, amending Chapter 8.70 (Tenant Relocation) of the Fremont Municipal Code.
2. Waived the first reading and introduced the ordinance, attached as Exhibit B, amending Chapter 8.75 (Tobacco Retailers Licensing) of the Fremont Municipal Code.
3. Waived the first reading and introduced the ordinance, attached as Exhibit C, adopting Chapter 8.85 (Exterior Elevated Elements) of the Fremont Municipal Code.
4. Found that ordinances are exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.
Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None
Absent: Councilmember Liu
Abstain: None
* G. Mayor Salwan opened consideration of Approval for Adoption of Legislative Framework On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council:
1. Adopted the Legislative Framework.
2. Authorized the City Manager to implement the City's legislative work plan.
3. Authorized the City Manager, Mayor, or designee to transmit documents that are consistent with the City's legislative priorities.
*Consent Items
Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None
Absent: Councilmember Liu
Abstain: None
* H. Mayor Salwan opened consideration of Authorization to Execute Agreement for a Citywide Cost Allocation Plan and a Grant Cost Allocation Plan with Capital Accounting Partners, LLC
On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council authorized the City Manager or her designee to execute an agreement with CAP to prepare and support the Citywide and Grant Cost Allocation Plans for a fixed fee of $22,550 per fiscal year and a total amount not to exceed $112,750 over the five-year term of the agreement.
Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None
Absent: Councilmember Liu
Abstain: None
* I. Mayor Salwan opened consideration of Adopt a Resolution Summarily Vacating a Public Utility Easement at Fremont Boulevard and Ice House Terrace in the South Fremont Community Plan Area (PLN2024-00080) and Make Findings of CEQA Exemption.
On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council adopted Resolution No. 2025-15 to vacate a Public Utility Easement at Fremont Boulevard and Ice House Terrace on grounds the easement is no longer needed.
Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None
Absent: Councilmember Liu
Abstain: None
* J. Mayor Salwan opened consideration of Approval of Plans and Specifications; Award of Contract to Alex Kushner General, Inc. in the amount of $793,500 (including 15% Contingency) for the Fremont Central Park Restroom Replacements Project (PWC9089); Make Findings of CEQA Exemption
This item was removed from the Consent Calendar. Mayor Salwan opened the public comment period. The following person commented: Kelly Abreu. There being no additional speakers, Mayor Salwan closed the public comment period.
On a motion by Councilmember Shao, seconded by Councilmember Kimberlin, the City Council:
*Consent Items
1. Approved of the following actions related to the Fremont Central Park Restrooms Replacement Project (PWC9089):
2. Approved Plans and Specifications for the Fremont Central Park Restrooms Replacement (Phase I) Project.
3. Accepted the bid and awarded the construction contract to the lowest responsive and responsible bidder, Alex Kushner General Inc. in the amount of $690,000 and allocated a 15% contingency in the amount of $103,500 for a total construction contract amount of $793,500 and authorized the City Manager, or her designee, to execute the contract.
4. Found the project is exempt from CEQA review pursuant to CEQA Guideline pertaining to replacement of the park restroom involving negligible or no expansion of capacity.
Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None
Absent: Councilmember Liu
Abstain: None
* K. Mayor Salwan opened consideration of Approval of Plans and Specifications; Award Contract to Radius Earthwork Inc. in the Amount of $3,327,642.60 (includes 10% Contingency) for the Walnut Avenue Bikeway Phase 2 Improvement Project (PWC9100A); Appropriation Actions; and Make Findings of CEQA Exemption This item was removed from the Consent Calendar. Mayor Salwan opened the public comment period. The following people commented: Keith Parker, Chung, Andreas Kadavanich (Bike Fremont), and Kelly Abreu. There being no additional speakers, Mayor Salwan closed the public comment period. Staff responded to questions from Councilmembers.
On a motion by Councilmember Campbell, seconded by Councilmember Kimberlin, the City Council approved of the following actions related to the Walnut Avenue Bikeway Phase 2 Improvement Project (PWC9100A):
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, Radius Earthwork Inc., Inc. in the amount of $3,025,129.60 and allocate a 10% construction contingency in the amount of $302,513.00 for a total construction contract amount of $3,327,642.60 and authorize the City Manager or designee to execute the contract.
3. Reallocate $675,000 from PWC8677-136 and appropriate it to PWC9110-136.
4. Reallocate $1,500,000 from PWC8932-531 and appropriate it to PWC9110-531.
5. Reallocate $97,000 from PWC9041-531 and appropriate it to PWC9110-531.
6. Reallocate $30,000 from PWC9041-515 and appropriate it to PWC9110-515.
7. Find that this project is exempt from California Environmental Quality Act (CEQA) review pursuant to Section 21080.25 of the California Public Resources Code as a sustainable transportation project that implements pedestrian and bicycle facilities and improves multimodal safety and access for current and potential transit riders and is further exempt pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or *Consent Items
minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.
Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None
Absent: Councilmember Liu
Abstain: None
* L. Mayor Salwan opened consideration of Approval of Plans; Award of Contract to Ron Paris Construction Company inc. in the amount of $150,970 (including 20% Contingency) for the Department of Rehabilitation Tenant Improvements Project (PWC8393) located at the Family Resource Center; Appropriation Action: Make Findings of CEQA Exemption
On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council approved the following actions related to the Department of Rehabilitation Tenant Improvement Project (PWC8393):
1. Approve project plans.
2. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Ron Paris Construction Company Inc. in the amount of $125,808 and allocate a 20% contingency in the amount of $25,162 for a total construction contract amount of $150,970 and authorize the City Manager or designee to execute the contract.
3. Appropriate $176,551 from the Family Resource Center Fund (Fund 108) to PWC8393- 108 to pay for the project costs.
4. Find the project is exempt from CEQA review pursuant to CEQA Guideline pertaining to modifications of existing facilities involving no expansion of use.
Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None
Absent: Councilmember Liu
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Fremont Bike Month (May 2025)
B. Proclamation: Fix Your Bike Day (May 15, 2025)
C. Proclamation: Twenty Years of Service – Officer Paul Richards D. Proclamation: National Children’s Mental Health Awareness Day (May 8, 2025( *Consent Items
4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City’s Agenda Center on Fremont.gov, and were placed on file.
Mayor Salwan opened the public comment period. The following people commented: Pooja Verma, Girish Manmadkar, Rajeev Taitriya, Diane Shaw (Ohlone Humane Society), Linda Dewlaney, Golden Shao, and Curtis Vollmar (Compassionate Bay, provided a hand-out).
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 a third-party Appeal of the Planning Commission's denial action of a separate third-party Appeal and uphold the Zoning Administrator’s approval action of a Discretionary Design Review Permit and Floor Area Ratio increase (under PLN2022-00466) to allow a proposed five-building light-industrial/R&D development consisting of 407,250 square feet of new floor area, plus renovation of an existing 43,172-square-foot lightindustrial/R&D building, on the site bounded by Paseo Padre Parkway, Ardenwood Boulevard, and Commerce Drive in the North Fremont Community Plan Area; and to consider an exemption from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, 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 CEQA Guidelines Sections 15162 and 15164, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred. Each of the foregoing provides a separate and independent basis for CEQA compliance. (Ardenwood At Paseo Appeal) Marc Cleveland, Associate Planner and project manager for the Ardenwood at Paseo project, read a statement: “Staff had prepared a presentation on this appeal of the Planning Commission’s approval of the construction of five new multi-story buildings and renovation of one existing single-story building totaling 450,422 square feet of flex industrial space on February 13th. Late this afternoon, the City received a letter from the appellant indicating their concerns had been resolved, waiving their hearing on this appeal, and stating they would not be here tonight to contest the appeal. Therefore, we won’t be providing a presentation on the matter, but as a matter of procedure we need to open the public hearing on this item, take testimony from any members of the public that may wish to speak on the item and then close the public hearing. Then, we recommend the City Council take formal action to accept staff’s recommendation, denying the appeal, upholding the previous action of the Planning Commission on this project, and directing staff to make adjustments to the resolution to reflect the contents of the appellants recent letter.”
Mayor Salwan opened the public hearing. The following people commented: Kelly Abreu, and John Dalrymple (East Bay Residents for Responsible Development). There being no additional *Consent Items
speakers, Mayor Salwan closed the public hearing. Staff responded to questions from Councilmembers.
On a motion by Councilmember Shao, seconded by Councilmember Campbell, the City Council:
1. Held public hearing.
2. Found that the proposed project is in conformance with the relevant provisions of the City’s General Plan, including the goals and objectives set forth in the Land Use, Community Plans, and Safety Chapters of the General Plan.
3. Adopted Resolution No. 2025-16 denying the Appeal, as the appellant withdrew their appeal, and adopting findings, and approving the project’s Discretionary Design Review Permit and FAR increase, as shown in Exhibit “A,” based on findings and subject to the conditions of approval provided in Exhibit “B.”
4. Approved the proposed removal and mitigation of three hundred and seventy-two (372) private protected trees pursuant to the City’s Tree Preservation Ordinance.
Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None
Absent: Councilmember Liu
Abstain: None
6. OTHER BUSINESS
A. Mayor Salwan opened consideration of Presentation and Adopt a Resolution Adopting the Fremont Active Transportation Plan Highlighting Priority Projects and Programs for the Next Five Years to Support Walking and Bicycling in Fremont. Find the Action is Exempt from CEQA.
Public Works Director Hans Larsen and Assistant City Engineer Noe Veloso shared a presentation and responded to questions from Councilmembers. Mayor Salwan opened the public comment period. The following people commented: Min Chi, Elizabeth (Liz) Ames (BART), Patty Lacy, William Yragui (Mission Peak Conservancy), Diane Shaw (AC Transit), Keith Parker, Kelly Abreu, Rajeev Taitriya, John Hinds, Bradley Dunn (BART), Kendra Toy, Chung, Mark Spencer (Mobility Commission), Gordon Lau, Andreas Kadavanich (Bike Fremont), Rebecca Wernis, Laura Winter, and Golden Shao. There being no additional speakers, Mayor Salwan closed the public comment period. Staff responded to questions from Councilmembers. Councilmembers provided comments.
On a motion by Vice Mayor Keng, seconded by Councilmember Campbell, the City Council:
1. Adopted Resolution No. 2025-17 adopting the Fremont Active Transportation Plan.
2. Find that approval of the Fremont Active Transportation Plan is exempt from CEQA pursuant to CEQA guidelines pertaining to: Section 15061(b)(3), Review for Exemption; Section 15004, Time of Preparation; Section 15378(b), Not a Project; and Section 15183, Projects Consistent with a General Plan.
*Consent Items
Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None
Absent: Councilmember Liu
Abstain: None
7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals – None.
B. Appointments to Boards, Commissions, Committees
1. Mayor Salwan opened for consideration of Mayor Salwan Referral: Appointments to Advisory Bodies
Appointments:
Advisory Body Appointee Term Expires
Library Advisory Commission
Friends of the Library Representative
Mobility Commission
Transit Representative 1
Leslie Rice
Ahsan Baig
12/31/2025
12/31/2025
Rent Review Board
Neutral Third Party
Sundari Yanamanram Sankaran
12/31/2027
On a motion by Councilmember Shao, seconded by Vice Mayor Keng, the City Council:
Ayes: Mayor Salwan, Vice Mayor Keng,
Councilmembers: Campbell, Kimberlin, Shao, and Zhang
Noes: None
Absent: Councilmember Liu
Abstain: None
C. Legislative Actions – None.
D. Report on Committee Assignments – None.
*Consent Items
8. ADJOURNMENT: There being no further business, Mayor Salwan adjourned the meeting at 9:35 p.m.
Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk RAJ SALWAN, Mayor