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November 4, 2009 > Fremont City Council

Fremont City Council

October 27, 2009

Consent Calendar:
Inform the council of collection of Certified Unified Program electronic reporting surcharge by Fremont Fire Department as required by California Environmental Protection Agency. Councilmember Harrison emphasized that these fees are not retained by the City of Fremont.

Approve participation in the California Statewide Communities Development Authority sale of bonds to replace Proposition 1A property tax receivables.

Approve a Memorandum of Understanding between City of Fremont and Fremont Association of City Employees (FACE), SEIU Local 1021 to continue a bargaining relationship for two years: July 1, 2009 through June 30, 2011.

Sign BART application to Local Agency Formation Commission (LAFCO) to annex city right-of-way property at future Warm Springs station into Alameda County Water District Service Area.

Honor Detective Daniel Clark for 25 years of service.

Report to Council
Update of American Recovery and Reinvestment Act funding received by City of Fremont included $7.5 million received and an additional $4.2 million applied for. An additional $10 million is being pursued. For a full accounting, citizens are urged to visit or

Action Items:
Adopt a resolution to participate in Statewide Community Infrastructure Program offered by CA Statewide Communities Development Authority. This allows financing of certain development fees and public capital improvements using special assessments. Resolution applies to non-residential property. The possible use of such financing for mixed use and non-profit affordable housing projects will be addressed at a later time.

Approve an ordinance to ban smoking in outdoor dining areas. Text of the existing ordinance will be altered to prohibit smoking in a "Dining Area" defined as "any area available to or customarily used by restaurant patrons containing counters, benches or tables that are designed, established or regularly used for consuming food or beverages." Smoking is prohibited in "all enclosed public places" and in enclosed and unenclosed spaces of restaurants including "bars and banquet rooms in, open to or directly accessible from restaurants." Outdoor dining areas are also covered by the prohibition.

Speakers from Tri-City Health Center who will partner with the City to post signs reminding dining patrons of the ordinance, work with business owners and launch a public awareness campaign applauded the ordinance. Other speakers from Tri-City Disability Action Network and Community Resources for Independent Living also supported the ordinance. Suggestions to broaden the ordinance to include other public places such as bus stops, parks and farmers' markets were made. Mayor Wasserman commented that many years ago, when a more limited smoking ordinance was first introduced and approved in Fremont, those speaking were universally against it. He noted, "Times have changed." Broadening definitions to include the word "eateries" and temporary locations such as a lunch wagon was raised by Councilmember Wieckowski. This was taken under advisement by City Counsel.

Mayor Bob Wasserman Aye
Vice Mayor Anu Natarajan Aye
Bob Wieckowski Aye
Bill Harrison Aye
Suzanne Lee Chan Aye

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