Tuesday, October 28, 2003

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 Meeting of October 7, 2003 and Regular Meeting and Work Session of October 13, 2003 and Regular Meeting of October 14, 2003.
	2.3	Second Reading and Adoption of An Ordinance Of The City Of Fremont, California Amending Fremont Municipal Code Title III (Public Safety Welfare And Morals), Chapter 6 (Disorderly Conduct) Article 9 (Miscellaneous Crimes) Section 3-6912 (On-Street Or Public Parking Lot Consumption Of Alcohol Prohibited) And Chapter 7 (Regulation Of Streets, Sidewalks And Other Public Places), Article 2 (Parks And Recreation Areas) Regarding Alcohol Use On Public Property (Introduced October 14, 2003) RECOMMENDATION: Adopt ordinance.
	2.4	CONSIDERATION OF PREDEVELOPMENT LOAN FOR MERCY HOUSING CALIFORNIA Consideration of a Predevelopment Loan to Mercy Housing California for Predevelopment Costs Associated with an Affordable Housing Development Proposed for the Irvington Area Contact Person: Name: Lourdes P. Chang Laura Gonzalez-Escoto Title: Housing and Redevelopment Project Manager Deputy Redevelopment Agency Director for Housing Dept.: Office of Housing and Redevelopment Office of Housing and Redevelopment Phone: 510-494-4504 510-494-4501 E-Mail: lchang@ci.fremont.ca.us <mailto:lchang@ci.fremont.ca.us> lgescoto@ci.fremont.ca.us <mailto:lgescoto@ci.fremont.ca.us> RECOMMENDATIONS: Staff recommends that the City Council adopt a Resolution to: 1. Find that the predevelopment loan is exempt from CEQA. 2. Authorize the expenditure of Redevelopment Agency Housing Funds outside the Redevelopment Project Area and make a finding that the use of such funds benefits the project area.
	2.5	SCHOOL STREET DRAINAGE IMPROVEMENT Approval of Plans and Specifications and Award of Contract to the Lowest Responsible Bidder for the School Street Drainage Improvement Project, City Project No. 8497 (PWC) Contact Person: Name: Mitch Moughon Norm Hughes Title: Senior Civil Engineer City Engineer Dept.: Development & Environmental Services Development & Environmental Services Phone: 510-494-4730 510-494-4748 E-Mail: mmoughon@ci.fremont.ca.us nhughes@ci.fremont.ca.us RECOMMENDATIONS: 1. Approve the plans and specifications for School Street Drainage Improvement Project, City Project No. 8497 (PWC). 2. Accept the bid and award the contract for School Street Drainage Improvement Project, City Project No. 8497 (PWC) to O'Grady Paving, Inc. as the lowest responsible bidder in the amount of $124,516.00 and authorize the City Manager to sign the contract.
	2.6	ACQUISITION ACCEPTANCE APPROVAL-WASHINGTON BLVD./PASEO PADRE PARKWAY GRADE SEPARATION PROJECT (PWC8156) Acquisition Acceptance Approval - Washington Blvd./Paseo Padre Parkway Grade Separation Project (PWC8156) Contact Person: Name: Randy Sabado Norm Hughes Title: Real Property Manager City Engineer Dept.: Development & Environmental Services Development & Environmental Services Phone: 510-494-4715 510-494-4732 E-Mail: rsabado@ci.fremont.ca.us nhughes@ci.fremont.ca.us RECOMMENDATION: Authorize the City Manager to execute a Purchase Agreement and all other documents between the City and Nancyann Oliver and the Estate of Arthur H. Oliver and Nancyann Oliver, for property needed for the Washington Boulevard/Paseo Padre Parkway Grade Separation Project.
	2.7	ALAMEDA COUNTY BEHAVIORAL HEALTH CARE APPLICATION AND CONTRACT FOR REIMBURSEMENT UNDER EPSDT (EARLY PERIODIC SCREENING DIAGNOSIS AND TREATMENT) Approval to submit a Provider Profile and Application to Alameda County Behavioral Health Care Services and negotiate contract Contact Person: Name: Iris Preece Suzanne Shenfil Title: Administrator Youth & Family Services Director Human Services Dept.: Human Services Human Services Phone: 510- 574-2128 510-574-2051 E-Mail: Ipreece@ci.fremont.ca.us Sshenfil@ci.fremont.ca.us RECOMMENDATION: Authorize the City Manager to submit a provider application to Alameda County Behavioral Health Care Services, and negotiate and execute a contract that will enable Youth and Family Services to provide mental health services to children with full-scope MediCal coverage as part of the EPSDT (Early Periodic Screening Diagnosis and Treatment).
	2.8	FINAL MAP FOR TRACT 7319 - 47588 WABANA COMMON - RAYMOND AND SYLVIA LEUNG Approval of Final Map and Agreements for Construction of Private Street and Dedication of Public Easements - Tract 7319 Wabana Common Contact Person: Name: Gil Jaimes Kathleen Chu Title: Senior Engineering Specialist Senior Civil Engineer Dept.: Development & Environmental Services Development & Environmental Services Phone: 510-494-4685 510-494-4423 E-Mail: gjaimes@ci.fremont.ca.us kchu@ci.fremont.ca.us RECOMMENDATION: 1. Adopt a resolution approving the final map and improvements plans for Tract 7319 Wabana Common. 2. Approve the Agreement for Private Street entitled "Improvement Agreement for Private Street Tract 7319", with the developer, Raymond and Sylvia Leung and authorize the City Manager to execute the agreement on behalf of the City. 3. Accept the developer's offers of dedication of easements, as identified on the final map, provided that the acceptance of the offer of dedication for any public easements shall be conditioned upon the developer's completion of improvements to the satisfaction of the City Engineer. 4. Accept the developer's offsite amenity fee in the amount of $8,000 and appropriate funds to account 502PWC8065, Warm Springs Community Park, City project 8065 (PWC).
	2.9	ADOPTION OF A NEW MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FREMONT AND THE OPERATING ENGINEERS LOCAL #3 Adoption of a New Memorandum of Understanding between the City of Fremont and the Operating Engineers Local #3 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 Operating Engineers Local # 3, and authorize the City Manager to execute and implement the terms and conditions of said agreement.
	2.10	STEVENSON BOULEVARD WIDENING PROJECT Award of Construction Contract for Stevenson Boulevard Widening from Gallaudet Drive to Mission Boulevard, City Project No. 8220D (PWC). Contact Person: Name: Jeanne Suyeishi Peggy Claassen Title: Associate Civil Engineer Senior Civil Engineer Dept.: Development & Environmental Services Development & Environmental Services Phone: 510-494-4728 510-494-4724 E-Mail: jsuyeishi@ci.fremont.ca.us pclaassen@ci.fremont.ca.us RECOMMENDATION: Award the construction contract for Stevenson Boulevard Widening - Gallaudet Drive to Mission Boulevard, City Project No. 8220D (PWC) to the lowest responsible bidder, DeSilva Gates Construction LP, in the amount of $ 1,211,111.00 and authorize the City Manager to execute the contract.
	2.11	WASHINGTON BOULEVARD - ROBERTS AVENUE TO OLIVE AVENUE UTILITY UNDERGROUND DISTRICT Public Hearing (Published Notice) to Introduce An Ordinance Amending Section 6-3101, Chapter 3 (Utility Underground Districts) Of Title VI of the Fremont Municipal Code Establishing Utility Underground District No. 35 - Washington Boulevard between Roberts Avenue and Olive Avenue. Contact Person: Name: Jeanne Suyeishi Peggy Claassen Title: Associate Civil Engineer Senior Civil Engineer Dept.: Development & Environmental Services Development & Environmental Services Phone: 510-494-4728 510-494-4724 E-Mail: jsuyeishi@ci.fremont.ca.us pclaassen@ci.fremont.ca.us RECOMMENDATION: 1. Hold Public Hearing. 2. Introduce Ordinance establishing Utility Underground District No. 35 and find that Washington Boulevard is a major thoroughfare extensively used by the general public and carries a heavy volume of vehicular and pedestrian traffic. 3. Direct PG&E to use Rule 20A funds to pay the on-site connection fees (Utility Relocation Fee) for Utility Underground District No. 35 for 100 feet of each parcel's lateral service, and for each individual property owners' electric meter conversion, up to the maximum allowable. 4. Direct staff to proceed with a design project for Utility Underground District No. 35 onsite improvements consisting of the electric meter conversions with costs not covered by Rule 20A funding to be paid from Gas Tax 2106 funds for Undergrounding PG&E Facilities previously allocated to 8289(PWC)
3.	CEREMONIAL ITEMS
	3.1	Fire Department Meritorious Conduct Awards
4.	PUBLIC COMMUNICATIONS
	4.1	Written Communications - None.
	4.2	Oral Communications
REDEVELOPMENT AGENCY -The Redevelopment Agency Board will convene at this time and take action on the agenda items listed on the Redevelopment Agency Agenda. See separate agenda (yellow paper). PUBLIC FINANCING AUTHORITY - None. CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
5.	SCHEDULED ITEMS
	5.1	TENTATIVED MAP 7618 EXTENSION APPEAL Public Hearing (Published Notice) to consider an appeal of the Planning Commission's decision to deny Tentative 7618 extension for a seven lot industrial subdivision of the property located at 45330 Warm Springs Boulevard in the Industrial Planning Area. (PLN2003-00145) Contact Person: Name: Barbara Meerjans Jeff Schwob Title: Associate Planner Interim Planning Manager Dept.: Development & Environmental Services Development & Environmental Services Phone: 510-494-4451 510-494- 4527 E-Mail: bmeerjans@ci.fremont.ca.us jschwob@ci.fremont.ca.us RECOMMENDATION: Drop from consideration.
6.	REPORT FROM CITY ATTORNEY
	6.1	Report Out from Closed Session of Any Final Action
7.	REPORT FROM CITY MANAGER
	7.1	BUDGET UPDATE PRESENTATION - PARK MAINTENANCE Budget Update Presentation on Park Maintenance Contact Person: Name: Jack Rogers Title: Maintenance & Recreation Director Dept.: Maintenance & Recreation Services Phone: 510-494-4332 E-Mail: jrogers@ci.fremont.ca.us
	7.2	WASHINGTON BOULEVARD/PASEO PADRE PARKWAY GRADE SEPARATION PROJECT CONSIDERATION OF LANDSCAPE AND HARDSCAPE Consideration of landscape and hardscape options and other aesthetic features of the Washington Boulevard/Paseo Padre Parkway Grade Separation Project in response to discussions at the September 16, 2003 Council Work Session (PWC 8156) Contact Person: Name: Jim Pierson Norm Hughes Title: Assistant City Engineer City Engineer Dept.: Development & Environmental Services Development & Environmental Services Phone: 510-494-4722 510-494-4748 E-Mail: jpierson@ci.fremont.ca.us <mailto:jpierson@ci.fremont.ca.us> nhughes@ci.fremont.ca.us <mailto:nhughes@ci.fremeont.ca.us>
		RECOMMENDATION: 1. Direct staff to proceed with the "Base Design" for landscaping and aesthetic treatments (Aesthetic Treatment Option 2). 2. Direct staff to proceed with the Paseo Padre Parkway utility bridge on the current UPRR alignment (Utility Option 1
8.	COUNCIL COMMUNICATIONS
	8.1	Council Referrals
	8.2	Legislation
		8.2.1	Discussion of City Position on Proposed Legislation Described in the League of California Cities Priority Focus Bulletin No. 40-2003 and No. 41-2003. 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

Order of Discussion

Generally, the order of discussion after introduction of an item by the Mayor will include comments and information by staff followed by City Council questions and inquiries. The applicant, or their authorized representative, or interested citizens, may then speak on the item; each speaker may only speak once to each item. At the close of public discussion, the item will be considered by the City Council and action taken.

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 case the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a ?Request to Address the City Council? card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

Addressing the Council

Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Speaker cards will be available at the speaker?s podium prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and the number of the item upon which a person wishes to speak. A handicapped podium and microphone can be reached from the fourth floor elevator exit. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker card). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said.

Oral Communications

Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Please submit your speaker card to the City Clerk prior to the commencement of Oral Communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker card) and each speaker may only speak once on each agenda item.

To listen to a recorded message listing upcoming City Council, Planning Commission and Recreation Commission Agenda Items: Phone 284-4094

To leave a voice message for all Councilmembers and the Mayor simultaneously, dial 494-4895, then dial 5811 when prompted.

The City Council Agendas may be accessed by computer at the following Worldwide Web Address: www.fremont.gov

Information

Copies of the Agenda and Report are available in the lobbies of City Hall, 3300 Capitol Avenue, Building A, and the Development Services Center, 39550 Liberty Street, on Friday preceding a regularly scheduled City Council meeting. Supplemental documents relating to specific agenda items are available at the Office of the City Clerk.

Hearing impaired earphones are available from the City Clerk 15 minutes prior to the meeting. A driver?s license will be held as a deposit. 

The regular meetings of the Fremont City Council are broadcast on Cable Television Channel 27.

Council meetings are open captioned for the deaf in the Council Chambers and closed captioned for home viewing.

Information about the City or items scheduled on the Agenda and Report may be referred to:

City Clerk
City of Fremont
3300 Capitol Avenue
Fremont, California  94538
510-284-4060