Tuesday, October 11, 2005

AGENDA

FREMONT CITY COUNCIL REGULAR MEETING

OCTOBER 11, 2005

COUNCIL CHAMBERS, 3300 CAPITOL AVE., BUILDING A

7:00 P.M.

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 27, 2005 and October 4, 2005.

2.3     ADOPTION OF A RESOLUTION APPROVING RECORDS RETENTION SCHEDULES FOR THE DEVELOPMENT & ENVIRONMENTAL SERVICES DEPARTMENT AND PARKS & RECREATION DEPARTMENT

Adoption of a Resolution Approving a Records Retention Schedule for the Development & Environmental Services Department and a Records Retention Schedule for the Parks & Recreation Department, and Granting Approval for the Destruction of Records in Accordance with the Retention Schedule, Subject to the Review and Consent of the City Attorney

Contact Person:

Name: Renee Elliott                      Christine Daniel

Title:   Senior Deputy City Clerk      Deputy City Manager

Dept.: City Clerk                          City Manager

Phone: 510-284-4064           510-284-4008

E-Mail: relliott@ci.fremont.ca.us      cdaniel@ci.fremont.ca.us

RECOMMENDATION: Adopt a Resolution approving the Records Retention Schedule for the Development & Environmental Services Department and the Records Retention Schedule for the Parks & Recreation Department, and granting approval for the destruction of records in accordance with the Retention Schedule, subject to the review and consent of the City Attorney.

2.4     LEASE AGREEMENT - PASEO PADRE PARKWAY AND MARABU WAY

Authorize the City Manager to Execute a Lease Agreement with Cingular Wireless for a Portion of Property Located at Paseo Padre Parkway and Marabu Way

Contact Person:

Name: Randy Sabado           Norm Hughes

Title:   Real Property Manager         City Engineer

Dept.: DES                                 DES

Phone: 510-494-4715           510-4732

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 Cingular Wireless for a wireless communication facility located at Paseo Padre Parkway and Marabu Way.

2.5     AWARD OF LEED CONSULTANT CONTRACT FOR FIRE SAFETY BOND PROJECTS

Award of LEED Consultant Contract and Authorization for City Manager to Execute a Contract with KEMA, Inc., in an Amount Not to Exceed $105,000 for Comprehensive LEED® Services for Fire Safety Bond Projects - Centerville Fire Station No. 6 (PWC 8531) and Niles Fire Station No. 2 (PWC 8549)

Contact Person:

Name: Ron Fong                          Jim Pierson

Title:   Senior Civil Engineer            Assistant City Engineer

Dept.: DES/Engineering                 DES/Engineering

Phone: 510-494-4778           510-494-4722

E-Mail: rfong@ci.fremont.ca.us       jpierson@ci.fremont.ca.us

RECOMMENDATION: Authorize City Manager, or designee, to execute a contract with KEMA, for comprehensive LEED® Services for Fire Safety Bond Projects Centerville Fire Station No. 6 (PWC 8531) and Niles Fire Station No. 2 (PWC 8549), in an amount not to exceed $105,000.

2.6     INTERIM STUDY DISTRICT- AUTO MALL PARKWAY CORRIDOR (PLN2005-00307)

Public Hearing (Published Notice) to Consider an Interim Study District to Temporarily Control Land Uses Which Produce and/or Store Hazardous Materials in Quantities that Could Pose a Public Safety Concern to Sensitive Populations and to Allow Specific Commercial and Assembly Uses through the Conditional Use Process (PLN2005-00307)

Contact Person:

Name: Wayne Morris                    Jeff Schwob

Title:   Associate Planner               Director of Planning

Dept.: DES                                 DES

Phone: 510-494-4729           510-494-4527

E-Mail: wmorris@ci.fremont.ca.us    jschwob@ci.fremont.ca.us

RECOMMENDATION: Continue to October 25, 2005.

3.       CEREMONIAL ITEMS

3.1     Resolution:     Honoring Police Officer Timothy Baldocchi

                             for 20 years of service

3.2     Resolution:     Honoring Police Sergeant Chris Alberti

                             for 20 years of service

3.3     Resolution:     Honoring Police Sergeant Jon Lopes

for 20 years of service

3.4     Resolution:     Honoring Police Officer Bob Davila

for 25 years of service

3.5     Resolution:     Honoring Police Officer Mark Kratz

for 25 years of service

3.6     Resolution:     Honoring Police Sergeant Bill Ernser

for 25 years of service

3.7     Resolution:     Honoring Police Sergeant Sheila Tajima-Shadle for 25 years of service

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 – None.

6.       REPORT FROM CITY ATTORNEY

6.1     Report Out from Closed Session of Any Final Action

7.       REPORT FROM CITY MANAGER

7.1     PRELIMINARY FEASIBILITY STUDY FOR POSSIBLE PROPOSAL TO OAKLAND A’S

Consideration of a Preliminary Study and the Possibility of a Proposal to the Oakland Athletics Baseball Team to Locate in Fremont

Contact Person:

Name: Fred Diaz                          Christine S. Daniel

Title:   City Manager                     Deputy City Manager

Dept.: City Manager’s Office           City Manager’s Office

Phone: 510-284-4002           510-284-4008

E-Mail: fdiaz@ci.fremont.ca.us        cdaniel@ci.fremont.ca.us

RECOMMENDATION: Authorize staff to retain a consultant and conduct a preliminary feasibility study or studies to enable the Council to determine whether to make a proposal to the Oakland Athletics baseball team to locate in Fremont, should their ongoing negotiations with the City of Oakland not prove successful.

8.       COUNCIL COMMUNICATIONS

8.1     Council Referrals – None.

8.2     Legislation

8.2.1   Discussion of City Position on Proposed Legislation Described in the League of California Cities Priority Focus Bulletin No. 39-2005. 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 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. 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 agenda items for the City Council, Planning Commission, Recreation Commission, Human Relations Commission, and Senior Citizens Commission, call 284-4094.

To leave a voice message for all Councilmembers and the Mayor simultaneously, dial 284-4090.

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