Tuesday, October 3, 2006

AGENDA

FREMONT CITY COUNCIL REGULAR MEETING

OCOTOBER 3, 2006

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 Special Work Session

         of September 19, 2006.

2.3     SECOND READING OF AN ORDINANCE AMENDING FREMONT MUNICIPAL CODE SECTIONS 8-22135, 8-22171, 8-22173, 8-22174, 8-22175, 8-22176 AND 8-22177, ADDING SECTION 8-22170(H), AND DELETING SECTIONS 8-22135.05 AND 8-22171(M)), ALL RELATED TO RESIDENTIAL CONDOMINIUM CONVERSIONS

RECOMMENDATION: Adopt ordinance.

2.4     SECOND READING OF AN ORDINANCE AMENDING CHAPTER 2, TITLE VIII OF THE FREMONT MUNICIPAL CODE BY REZONING TEN PARCELS LOCATED ON THE WESTERN HALF OF THE BLOCK BOUNDED BY BRYANT STREET BETWEEN ANZA STREET AND GROVE AVENUE FROM "COMMUNITY COMMERCIAL HISTORICAL OVERLAY AND HILLSIDE COMBINING (CC-H-H-I)" DISTRICT TO "PLANNED DISTRICT, HISTORICAL OVERLAY (P-2005-239(H))" DISTRICT

RECOMMENDATION: Adopt ordinance.

2.5     FREMONT BOULEVARD IMPROVEMENTS, 8378 (PWC)

Approval of Plans and Specifications, Award of Contract to Lowest Responsible Bidder for Fremont Boulevard Improvements between Cushing Parkway and West Warren Avenue, 8378 (PWC)

Contact Person:

Name: Jeanne Suyeishi                    Norm Hughes

Title:   Associate Civil Engineer         City Engineer

Dept.: Community Development        Community Development

Phone: 510-494-4728                     510-474-4748

E-Mail: jsuyeishi@ci.fremont.ca.us    nhughes@ci.fremont.ca.us

RECOMMENDATIONS:

1.       Find that the Fremont Boulevard Improvement project is exempt from CEQA per Section 15301 because the project is a minor alteration to an existing public structure.

2.       Approve the plans and specifications for Fremont Boulevard Improvements between Cushing Parkway and West Warren Avenue, 8378 (PWC).

3.       Accept the bid and award the construction contract for Fremont Boulevard Improvements between Cushing Parkway and West Warren Avenue, 8378 (PWC) to the lowest responsible bidder, Grade Tech, Inc., in the amount of $511,212.00 and authorize the City Manager or designee to execute the contract.

2.6     WASHINGTON BOULEVARD/PASEO PADRE PARKWAY GRADE SEPARATION PROJECT - APPROVAL OF UTILITY AGREEMENT RELATED TO PRELIMINARY EARTHWORK

Authorization for the City Manager to Execute a Utility Agreement with the City and County of San Francisco Public Utilities Commission to Reimburse the City for Work to be Added to the City's Ongoing Washington Boulevard/Paseo Padre Parkway Grade Separation Earthwork Contract

Contact Person:

Name: Jim Pierson

Title:   Director

Dept.: Transportation and Operations

Phone: 510-494-4722

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

RECOMMENDATION: Authorize the City Manager or his designee to execute a Utility Agreement with the City and County of San Francisco Public Utilities Commission in an amount not-to-exceed $450,000, to reimburse the City for work to be added to the City's ongoing Washington Boulevard/Paseo Padre Parkway Grade Separation Earthwork Contract.

2.7     CLOSE-OUT OF MAINTENANCE CENTER PROJECT;

          APPROPRIATION OF FUNDS

Approve Close-out of New Maintenance Center Project (PWC 8038) and Corresponding Appropriation of Funds

Contact Person:

Name: Norm Hughes                      Jim Pierson

Title:   City Engineer                     Director

Dept.: Community Development      Transportation & Operations

Phone: 510-494-4748                   510-494-4723

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

RECOMMENDATION: Transfer $324,148 from the Maintenance Fund (Fund 500) unallocated fund balance to Fund 501 (Capital Projects General Fund) and appropriate the funds to 501PWC8038 for project close out of the Maintenance Center.

3.       CEREMONIAL ITEMS

3.1     Fremont Frosters Day Proclamation, October 14

3.2     Resolution Supporting Binational Health Week, October 7-14

3.3     National Arts & Humanities Month

3.4     Fire Prevention Week Proclamation, October 8-14

3.5     Recognition of the 'People's Choice' Artists from the Celebrate Fremont At the Park 'Art, Not 4 Sale' Event

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     WASHINGTON BOULEVARD/PASEO PADRE PARKWAY GRADE SEPARATION PROJECT UPDATE AND APPROVAL FOR CONTRACT ADVERTISEMENT

Update on the Current Status of the Washington Boulevard/Paseo Padre Parkway Grade Separation Project and Request for Council Authorization to Advertise the Main Construction Contract Documents for Bids

Contact Person:

Name: Jim Pierson

Title:   Director

Dept.: Transportation and Operations

Phone: 510-494-4722

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

RECOMMENDATION: Authorize the advertisement of the main Washington Boulevard/Paseo Padre Parkway Grade Separation construction contract and approve including an asphalt escalation clause with a maximum increase or decrease in compensation of $500,000.

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. 37-2006. 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. Items on the agenda may be moved from the order listed.

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