Tuesday, November 22, 2005

AGENDA

FREMONT CITY COUNCIL REGULAR MEETING

NOVEMBER 22, 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 November 1, 2005 and November 8, 2005.

2.3     Second Reading and Adoption of an Ordinance of the City of Fremont Amending Section 4-9115 of Chapter 9 of Title IV and Adding Section 8-2205 of Chapter 2 of Title VIII of the Fremont Municipal Code to Limit the Hours of Construction Activity (Introduced November 8, 2005)

RECOMMENDATION: Adopt ordinance.

2.4     RESOLUTION APPROVING A GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD

Adoption of a Resolution Authorizing the Submittal of a Grant Application to the California Integrated Waste Management Board Under the Tire-Derived Grant Program for Recycled-Content Tire Products to be Used for the Irvington Community Park All-Weather Turf Sports Field Project (PWC 8624)

Contact Person:

Name: Amy Rakley, AICP                Annabell Holland

Title:   Park Planning Manager         Director

Dept.: Parks and Recreation           Parks and Recreation

Phone: 510-494-4363           510-494-4329

E-Mail: arakley@ci.fremont.ca.us     aholland@ci.fremont.ca.us

RECOMMENDATION: Adopt a resolution ratifying staff’s submittal of an application to the California Integrated Waste Management Board for a FY 2005/2006 Tire-Derived Product Grant for the Irvington Community Park All-Weather Turf Sports Field project.

3.       CEREMONIAL ITEMS

3.1     Resolution:     Honoring Executive Assistant/Graphic Artist Kim Pedersen for 20 Years of Service

3.2     Resolution:     Honoring Police Sergeant Jeffrey Swadener for 20 Years of Service

3.3     Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) for the City’s 2005/06 Operating Budget

3.4     SELECTION OF VICE MAYOR

Selection of Vice Mayor

Contact Person:

Name: Renee Elliott                      Christine Daniel

Title:   Senior Deputy City Clerk      Deputy City Manager

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

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

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

RECOMMENDATION: Appoint Councilmember Steve Cho as the Vice Mayor for 2005-06.

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     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               Planning Director

Dept.: DES                                 DES

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

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

RECOMMENDATIONS:

1.     Hold public hearing.

2.     Find the initial study has evaluated the potential for this project to cause an adverse effect -- either individually or cumulatively -- on wildlife resources. There is no evidence the proposed project would have any potential for adverse effect on wildlife resources.

3.     Approve the Draft Negative Declaration finding that there is no substantial evidence that the project, will have a significant effect on the environment and further find that this action reflects the independent judgment of the City of Fremont.

4.     Find that PLN2005-00307 is in conformance with the relevant policies contained in the City’s General Plan. These provisions include the designations, goals, and policies set forth in the City’s General Plan Land use and Health & Safety Chapters as enumerated within the staff report.

5.     Find the public necessity, convenience and general welfare require the adoption of the Interim Study District PLN2005-00307 because it will assist in preventing adverse impacts on conflicting land uses in this industrial study area.

6.     Waive full reading and introduce an ordinance in conformance with Exhibit “A” (Interim Study District) and Exhibit “B” (Rezoning map).

6.       REPORT FROM CITY ATTORNEY

6.1     Report Out from Closed Session of Any Final Action

7.       REPORT FROM CITY MANAGER

7.1     ROUTE 84

Status of Negotiations with Caltrans and Policy Considerations by Council (Continued from November 15, 2005)

Contact Person:

Name: Jim Pierson

Title:   Transportation and Operations Director

Dept.: Transportation and Operations

Phone: 510-494-4722

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

RECOMMENDATION: Staff recommends that Council consider the obligations and commitments made by the other parties as known at this time and indicate whether or not the Council supports proceeding with Option 2 or the Historic Parkway Project. If Council agrees to indicate its support for Option 2 (subject to environmental analysis) or the Historic Parkway Project, staff recommends Council give direction on a list of conditions to include in an MOU and cooperative agreement with the appropriate parties.

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. 43-2005 and 44-2005. 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