*Consent Items
MINUTES
FREMONT CITY COUNCIL MEETING
NOVEMBER 4, 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 Zhang led the salute to the flag.
C. Roll Call: Mayor Salwan, Vice Mayor Keng, Councilmembers: Campbell, 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 and introduced colleagues.
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 Kimberlin, the City Council waived further readings of proposed ordinances.
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
* B. Mayor Salwan opened consideration of Approval of Minutes – None. * C. Mayor Salwan opened consideration of approval of Agreements for On-Call Construction Materials Testing Consultant Services in the Amount of $1,250,000 per Agreement with Achievement Engineering Corporation, BSK Associates, and Geocon Consultants, Inc.; Make Findings of CEQA Exemption
*Consent Items
On a motion by Councilmember Shao, seconded by Councilmember Kimberlin, the City Council:
1. Authorized the City Manager, or designee, to execute a Master Service Agreement for on-call construction materials testing and inspection consultant services with the following consultants:
a. Achievement Engineering Corporation with a total not-to-exceed compensation of $1,250,000 for five years.
b. BSK Associates with a total not-to-exceed compensation of $1,250,000 for five years.
c. Geocon Consultants, Inc., with a total not-to-exceed compensation of $1,250,000 for five years.
2. Found that the actions are exempt from environmental review, each as a separate and independent basis 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).
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
3. CEREMONIAL ITEMS
A. Proclamation: Lung Cancer Awareness Month (November 2025)
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: Phil Leung, Steve Skala (Tri-City Ecology Center), Kelly Abreu, and Salim Mastan. There being no additional speakers, Mayor Salwan closed the public comment period.
5. SCHEDULED ITEMS
A. Mayor Salwan opened consideration of Public Hearing (Published Notice) to Introduce an Ordinance Adopting by Reference, with amendments, the 2025 California Building Standards Codes, Adopting by Reference Certain Appendix Chapters of the 2025 California Building Standards Codes, and Adopting by Reference and Amending the 2024 International Swimming Pool and Spa Code and the 2024 International Property Management Code, and Adoption of the Resolution Containing Supporting Findings and Determinations.
*Consent Items
Community Development Director Joel Pullen and Building Official Mike Wayne were available for questions. Mayor Salwan opened the public hearing. There being no speakers, Mayor Salwan closed the public hearing.
On a motion by Councilmember Campbell, seconded by Councilmember Kimberlin, the City Council:
1. Held public hearing.
2. Waived full reading and introduced ordinance and scheduled a public hearing for November 18, 2025, to adopt by reference, with amendments, the 2025 California Building, Electrical, Plumbing, Mechanical, Residential, Green Building, Energy, Historical Building, and Existing Buildings Codes, the 2024 International Property Maintenance Code, and the 2024 International Swimming Pool and Spa Code.
3. Directed the City Clerk to publish a notice of public hearing set for November 18, 2025, to consider adoption of the ordinance in accordance with Government Code Sections 6066 and 50022.3 and to publish a summary of the ordinance.
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
B. Mayor Salwan opened consideration of Public Hearing (Published Notice) to Consider an Amendment to Master Fee Resolution 8672 (Master Fee Schedule) to Make Minor Adjustments to Building User Fees and Establish Affordable Housing Processing Fees and Making Findings of CEQA Exemption.
Community Development Director Joel Pullen, Housing Manager Lucia Hughes, and Business Manager Jennifer Craven responded to questions from Councilmembers. Mayor Salwan opened the public hearing. There being no speakers, Mayor Salwan closed the public hearing.
On a motion by Councilmember Liu, seconded by Councilmember Zhang, the City Council adopted Resolution No. 2025-48 approving an amendment to Master Fee Resolution 8672 (Master Fee Schedule) as drafted in Attachment 1.
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
C. Mayor Salwan opened consideration of Public Hearing (Published Notice) to Consider a First-Party (Project Proponent) Appeal of the Planning Commission’s Decision To Uphold Staff’s Determination Regarding the Use of a Concession Under State Density Bonus Law to Lower an Adopted Minimum Residential Density Below That Required by the City’s General Plan, Warm Springs/South Fremont Community Plan, and Corresponding Zoning Ordinance for a Housing Project Proposed Within the Transit- *Consent Items
Oriented Development (TOD) Overlay District Adjacent to the BART Station Submitted Under PLN2025-00253, and a Finding that No Environmental Review is Required For the Appeal Action As, In Isolation, It Is Not Considered a “Project” Under CEQA Guidelines Section 15378; and, Without Limitation, CEQA Guidelines Section 15270 (Projects Which Are Disapproved), As CEQA Does Not Apply to Projects Which a Public Agency Rejects Or Disapproves; And/Or CEQA Guidelines Section 15061(b)(3) (Review For Exemption), In That There is No Possibility That Action On the Appeal Would Have a Significant Effect On the Environment. Each Of the Foregoing Provides an Independent Basis For Exemption.
Community Development Director Joel Pullen and Senior Planner Mark Hungerford responded to questions from Councilmembers and shared a presentation. The appellants legal counsel, Bryan Wenter, provided verbal presentation and responded to Council questions. Staff responded to questions from Councilmembers. Mayor Salwan opened the public hearing. The following people commented: Kelly Abreu and Salim Mastan. There being no additional speakers, Mayor Salwan closed the public hearing. This was followed by a rebuttal by Mr. Wenter. Staff responded to additional questions from Councilmembers.
On a motion by Councilmember Zhang, seconded by Councilmember Kimberlin, the City Council:
1. Held public hearing.
2. Adopted Resolution No. 2025-49 that:
a. Finds that the action on the Appeal is exempt from the California Environmental Quality Act (CEQA), pursuant to, without limitation, each as a separate and independent basis, CEQA Guidelines Section 15378 (Project), as the action on the Appeal is not considered a “project”; CEQA Guidelines Section 15270 (Projects Which Are Disapproved), as CEQA does not apply to projects which a public agency rejects or disapproves; and/or CEQA Guidelines Section 15061(b)(3) (Review for Exemption), in that there is no possibility that action on the Appeal would have a significant effect on the environment;
b. Finds the proposed concession to reduce the required minimum density is inconsistent with and contrary to State law and should be denied pursuant to Government Code Section 65915(d)(1)(C) the fundamental purpose, goals, and policies for the transit-oriented development outlined in the City’s General Plan and Warm Springs/South Fremont Community Plan; and standards of the Zoning Ordinance; and
c. Denies the Appeal and upholds the September 25, 2025 Planning Commission action to deny the initial first-party Appeal.
Ayes: Mayor Salwan, Vice Mayor Keng, Councilmembers:
Campbell, Kimberlin, Shao, Zhang and Liu
Noes: None
Absent: None
Abstain: None
*Consent Items
6. OTHER BUSINESS
A. Mayor Salwan opened consideration of Informational Report and Presentation of YearEnd Results for FY 2024/25 Finance Director David Persselin shared a presentation and responded to questions from Councilmembers. 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.
The City Council accepted the report and presentation.
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 9:05 p.m.
Attest: Approved:
_____________________________ ___________________________ Susan Gauthier, City Clerk RAJ SALWAN, Mayor