1.	PRELIMINARY
	1.1	Call to Order
	1.2	Salute the Flag
	1.3	Roll Call
	1.4	Announcements by Mayor / City Manager
2.	CONSENT CALENDAR
	Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a "Request to Address Council" card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.
	2.1	Motion to Waive Further Reading of Proposed Ordinances. (This permits reading the title only in lieu of reciting the entire text.)
	2.2	Approval of Minutes - for the Regular Meetings of September 2, 2003 and September 9, 2003.
	2.3	LEASE AGREEMENT - OMAR STREET Authorize the City Manager to execute a lease agreement with Pacific Bell Wireless dba as Cingular Wireless for a portion of property located at Omar Street. Contact Person Name: Randy Sabado Real Property Manager Norm Hughes City Engineer Dept.: Development & Environmental Services Development & Environmental Services Phone: 510-494-4715 510-4748 E-Mail: rsabado@ci.fremont.ca.us nhughes@ci.fremont.ci.ca RECOMMENDATION: Authorize the City Manager to execute a lease agreement and all necessary documents with Pacific Bell Wireless for a wireless communication facility located at 5193 Omar Street.
	2.4	MAJOR LOCAL STREET TRANSPORTATION PROJECTS Report on the Status, Schedule, and Funding for the City's Major Street Projects Over the Next Three (3) Years Contact Person Name: Norm Hughes Title: City Engineer Dept.: DES Phone: 510-494-4748 E-Mail: nhughes@ci.fremont.ca.us RECOMMENDATION: Receive and Comment
	2.5	ADOPTION OF FACE MOU Adoption of a New Memorandum of Understanding Between the City of Fremont and the Fremont Association of City Employees (FACE), SEIU Local 790 Contact Person Name: Nancy Carlson Title: Human Resources Director Dept.: Human Resources Phone: 510-494-4662 E-Mail: ncarlson@ci.fremont.ca.us RECOMMENDATION: Adopt a resolution approving the new Memorandum of Understanding between the City and the Fremont Association of City Employees (FACE), SEIU Local 790, and authorize the City Manager to execute and implement the terms and conditions of said agreement.
	2.6	FREMONT BOULEVARD WIDENING PROJECT Approval of Plans and Specifications and Authorization to Bid Contract for Fremont Boulevard Widening from Irvington Avenue to Blacow Road, City Project No. 8397B (PWC) and Public Hearing (Published Notice) to Adopt a Resolution Removing the Landmark Tree Designation from Two Trees within the Project. Contact Person Name: Jeanne Suyeishi Peggy Claassen Title: Dept.: Associate Civil Engineer DES/Engineering Senior Civil Engineer DES/Engineering Phone: 510-494-4728 510-494-4724 E-Mail: jsuyeishi@ci.fremont.ca.us <mailto:jsuyeishi@ci.fremont.ca.us> pclaassen@ci.fremont.ca.us <mailto:pclaassen@ci.fremont.ca.us> RECOMMENDATION: Approve the Plans and Specifications for the Fremont Boulevard Widening Project - Irvington Avenue to Blacow Road, City Project No. 8397B (PWC). Authorize staff to bid the Fremont Boulevard Widening Project - Irvington Avenue to Blacow Road, City Project No. 8397B (PWC). Open the public hearing, and consider al information submitted regarding the proposed removal of the Landmark Tree designation from tree number three and tree number four. Close public hearing and adopt a resolution to remove the Landmark Tree designation from tree number three, Canary Island Pine at 41153 Fremont Boulevard, and tree number four, Bunyabunya at 41668 Fremont Boulevard.
	2.7	WASHINGTON BOULEVARD WIDENING PROJECT Approval of Plans and Specifications and Authorization to Bid Contract for Washington Boulevard Widening from Olive Drive to State Route 680, City Project No. 8178 (PWC) and Public Hearing (Published Notice) to Adopt Resolution authorizing the relocation of approximately 52 Landmark Palm trees and removal of up to 23 Landmark Palm trees. Contact Person Name: Kathleen Chu Norm Hughes Title: Dept.: Senior Civil Engineer DES/Engineering City Engineer DES/Engineering Phone: 510-494-4423 510-494-4748 E-Mail: kchu@ci.fremont.ca.us nhughes@ci.fremont.ca.us RECOMMENDATION: 1. Open the Public Hearing. 2. Close the Public Hearing. 3. Adopt a Resolution authorizing the removal of the Landmark designation for 23 Mexican Fan Palm Trees, and approving the relocation of 52 Mexican Fan Palm Trees. 4. Approve the Plans and Specifications for the Washington Boulevard Widening Project - Olive Drive to State Route 680, City Project No. 8178 (PWC). 5. Authorize staff to bid the Washington Boulevard Widening Project - Olive Drive to State Route 680, City Project No. 8178 (PWC). 6. Authorize the City Manager to negotiate and execute an Agreement with Alameda County Water District (ACWD) by which the City will include the construction of a relocated water main in City Project No. 8178 (PWC), and ACWD will pay all costs of construction, inspection, coordination and maintenance of the water main
	2.8	FIRE STATION #8 PREFERRED SITE Public Hearing (Published Notice) on Draft Mitigated Negative Declaration and General Plan Conformity Finding for Fire Station #8, PLN 2004-00049 for 35659-35673 Fremont Blvd; and Property Owner Hearing on Consideration of Adoption of Resolution of Necessity for Acquisition of 35659-35673 Fremont Boulevard for Fire Station #8 (North Fremont), City Project PWC No. 7838. Contact Person Name: Jake Lavin Randy Sabado Title: Senior Manager Real Property Manager Dept.: Development & Environmental Services Development & Environmental Services Phone: 510-494-4428 510-494-4715 E-Mail: jlavin@ci.fremont.ca.us rsabado@ci.fremont.ca.us <mailto:rsabado@ci.fremont.ca.us> RECOMMENDATION: 1a. Hold public hearing on Draft Mitigated Negative Declaration prepared for the project. 1b. Close public hearing. 1c. Receive finding of Planning Commission that PLN2004-00049 (Fire Station #8 Proposed Land Acquisition) is in conformance with the relevant provisions contained in the City's existing General Plan. These provisions include the designations, goals and policies set forth in the General Plan's Fundamental Goals and Health and Safety Chapters, as set forth in Exhibit A, hereby adopted by reference. 1d. Find the initial study conducted for PLN2004-00049 has evaluated the potential for acquisition and development of the proposed site for a fire station to cause an adverse effect - either individually or cumulatively - on wildlife resources and find there is no evidence the project would have any potential for adverse effect on wildlife resources. 1e. Adopt Draft Mitigated Negative Declaration PLN2004-00049, find it reflects the independent judgment of the City of Fremont, and find there is no substantial evidence that the project, as mitigated, will have a significant effect on the environment. 1f. Approve Mitigation Monitoring Plan for the proposed Fire Station #8. 2a. Open hearing for property owners and their representatives to comment on Resolution of Necessity. 2b. Adopt a Resolution of Necessity making the following findings: (1) the public interest and necessity require the proposed project, (2) the proposed project is planned or located in the manner that will be the most compatible with the greatest good and the least private injury, (3) the property described in the Resolution of Necessity is necessary for the proposed project, and (4) the offer required by Government Code Section 7267.2 has been made to all owners of record; determine that the public interest and necessity requires the acquisition of a certain parcel of land and direct the filing of eminent domain proceedings.
3.	CEREMONIAL ITEMS - None.
4.	PUBLIC COMMUNICATIONS
	4.1	Written Communications - None.
	4.2	Oral Communications
REDEVELOPMENT AGENCY - None. PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
5.	SCHEDULED ITEMS
	5.1	MORATORIUM IN THE LIGHT INDUSTRIAL DISTRICT. Public hearing (Published Notice - Continued from Sept. 23, 2003). Moratorium ordinance on assembly and other uses which bring sensitive and large populations into the Light Industrial (I-L) District. Contact Persons: Name: Wayne Morris Jay Swardenski Title: Associate Planner Hazardous Materials Program Manager Dept.: Planning Fire Phone: 510-494-4729 510-494-4222 E-Mail: wmorris@ci.fremont.ca.us jswardenski@ci.fremont.ca.us RECOMMENDATION: 1. Hold public hearing. 2. Find that the moratorium is exempt from CEQA review pursuant to Title 14 California Code of Regulations section 15060(c)(2). 3. Adopt moratorium ordinance for the I-L District.
	5.2	MORATORIUM IN THE RESTRICTED INDUSTRIAL DISTRICT. Public hearing (Published Notice - Continued from Sept. 23, 2003). Moratorium ordinance on assembly and other uses which bring sensitive and large populations into the Restricted Industrial (I-R) District. Contact Persons: Name: Wayne Morris Jay Swardenski Title: Associate Planner Hazardous Materials Program Manager Dept.: Planning Fire Phone: 510-494-4729 510-494-4222 E-Mail: wmorris@ci.fremont.ca.us jswardenski@ci.fremont.ca.us RECOMMENDATION: 1. Hold public hearing. 2. Find that the moratorium is exempt from CEQA review pursuant to Title 14 California Code of Regulations section 15060(c)(2). 3. Adopt moratorium ordinance for the I-R District.
	5.3	MORATORIUM IN THE GENERAL INDUSTRIAL DISTRICT. Public Hearing (Published Notice - Continued from September 23, 2003) Moratorium on assembly and other uses which bring sensitive and large populations into the General Industrial (G-I) District . Contact Persons: Name: Wayne Morris Jay Swardenski Title: Associate Planner Hazardous Materials Program Manager Dept.: Planning Fire Phone: 510-494-4729 510-494-4222 E-Mail: wmorris@ci.fremont.ca.us jswardenski@ci.fremont.ca.us RECOMMENDATION: 1. Hold public hearing. 2. Find that the moratorium is exempt from CEQA review pursuant to Title 14 California Code of Regulations section 15060(c)(2). 3. Adopt moratorium for the G-I District. OR 3. Adopt moratorium for the G-I District, but exempt from the moratorium G-I zoned parcels within 500 feet of Automall Parkway east of Highway 880.
	5.4	URGENCY ORDINANCE TO REQUIRE PERMITS FOR CERTAIN USES IN INDUSTRIAL DISTRICTS Public Hearing (Published Notice - continued from September 23, 2003) Urgency Ordinance Requiring Conditional Use Permits and Zoning Administrator Permits for High Intensity Hazardous Material Uses in the General, Restricted and Light Industrial (G-I, I-R, and I-L) Districts Contact Persons: Name: Wayne Morris Jay Swardenski Title: Associate Planner Hazardous Materials Program Manager Dept.: Planning Fire Phone: 510-494-4729 510-494-4222 E-Mail: wmorris@ci.fremont.ca.us jswardenski@ci.fremont.ca.us RECOMMENDATION: 1. Hold public hearing. 2. Find that the urgency ordinance is exempt from environmental review pursuant to Title 14 California Code of Regulations section 15060(c)(2). 3. Adopt urgency ordinance.
6.	REPORT FROM CITY ATTORNEY
	6.1	Report Out from Closed Session of Any Final Action
	6.2	DESTRUCTION OF OBSOLETE RECORDS Destruction of Obsolete Records Contact Person: Name: Renee Elliott Lynn Macy Title: Senior Deputy City Clerk Assistant City Manager Dept.: City Clerk's Office City Manager's Office Phone: 510-284-4064 510-284-4005 E-Mail: relliott@ci.fremont.ca.us lmacy@ci.fremont.ca.us RECOMMENDATION: Adopt resolution authorizing destruction of the following obsolete records: Police/Animal Services - 1994 - 1995 Patrol Logs & Dispatch Sheets, Accounts Receivable, Credit Card Statements, General Receipts, Cal Trans Billing, Dog Obedience, Monthly Reports & Billing. 1995 Inactive Permits/PPD's. 1995 Mastersheets.
7.	REPORT FROM CITY MANAGER
	7.1	BUDGET UPDATE PRESENTATION Silicon Valley Manufacturing Group Projections 2004 and UCLA Anderson Forecast Contact Person: Name: Daved Millican Title: Deputy City Manager/Chief Financial Manager Dept.: Finance Phone: 510-494-4771 E-Mail: dmillican@ci.fremont.ca.us
	7.2	HEARING ON EMINENT DOMAIN-WASHINGTON BLVD./PASEO PADRE PARKWAY GRADE SEPARATION PROJECT (PWC8156) Hearing on Eminent Domain - Washington Blvd./Paseo Padre Parkway Grade Separation Project (PWC8156) - 3623 to 3681 Washington Blvd. Contact Person: Name: Randy Sabado Norm Hughes Title: Real Property Manager City Engineer Dept.: Development & Environmental Services Development & Environmental Services Phone: 510-494-4715 510-494-4748 E-Mail: Rsabado@ci.fremont.ca.us Nhughes@ci.fremont.ca.us RECOMMENDATION: 1. Conduct a hearing 2. Adopt a resolution of Necessity making the above findings, determine that the public interest and necessity requires the acquisition of the subject parcel of land and direct the filing of eminent domain proceedings for 3623 to 3681 Washington Blvd.
8.	COUNCIL COMMUNICATIONS
	8.1	Council Referrals
		8.1.1.	REFERRAL FROM COUNCILMEMBER WASSERMAN. On July 1, 2003, I placed a referral on the Council agenda suggesting consideration of an ordinance which would regulate "big box grocers". The only purpose for the referral was to try to provide some simple safeguards, as other Cities have done, for neighborhood markets and shopping centers. The council agreed to send it to the planning commission for their review. However, I am concerned that the subsequent discussion of the proposed ordinance has created negative impacts for our economic development programs and the vitality of our City. I would request that my referral be withdrawn from further consideration at this time.
	8.2	Legislation
		8.2.1	Discussion of City Position on Proposed Legislation Described in the League of California Cities Priority Focus Bulletin No. 37-2003 and No. 38-2003. Council may direct staff to act on positions taken by Council. Enclosure: League of California Cities Priority Focus Bulletin (Copies Available in the City Clerk's Office)
	8.3	Oral Reports on Meetings and Events
9.	ADJOURNMENT