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 - None.
2.3
VACATE OPEN SPACE EASEMENT AND IN-LIEU DEDICATION LOT 13, TRACT 6866 (PLN2003-00041) To Consider a Summary Vacation of Portions of Open Space Easement and acceptance of a substituted Grant of Open Space Easement of equal area located at 1130 Highland Terrace (Lot 13, Tract 6866) in the Mission San Jose Planning Area
Contact Person Name: Clifford Nguyen Jeff Schwob Title: Planner II Interim Planning Director Dept.: Planning Division Planning Division Phone: 510-494-4564 510-494-4527 E-Mail: cnguyen@ci.fremont.ca.us jschwob@ci.fremont.ca.us RECOMMENDATION: 1. Hold public hearing. 2. Find Vacations of Portions of Open Space Easement (PLN2003-00041) as depicted and described on Exhibit "A", fulfills the applicable criteria for summary vacation for the reasons stated in the body of this report. 3. Adopt a Resolution including the findings referenced in recommendations 2 and vacating portions of the easement as depicted and described on Exhibit "A" and accept the offered Grant Open Space Easement as depicted and described in Exhibit "B", subject to the following conditions of approval: The vacation, Exhibit "A", shall be recorded and become effective only if the applicant grants and the City accepts and records, not later than September 9, 2005 a substitute Open Space Easement as described and depicted on Exhibit "B." 4. After the City Engineer notifies the City Clerk that the condition specified in recommendation 3 has been satisfied, the City Clerk shall record the Resolution of Vacation of Portions of Open Space for PLN2003-00041 with the Alameda County Recorder and return one copy each of the recorded Resolution to the Planning and to the Engineering Divisions of DES for their respective files.
2.4
CITY COMMENT ON PROPOSED AIR RESOURCES BOARD RULE City Comment on Proposed Air Resources Board Measure to Reduce Diesel Emissions from Solid Waste Collection Vehicles
Contact Person Name: David Huerta Kathy Cote Title: Environmental Specialist II Environmental Services Manager Dept.: Development and Environmental Services Development and Environmental Services Phone: 510-494-4737 510-494-4743 E-Mail: dhuerta@ci.fremont.ca.us kcote@ci.fremont.ca.us RECOMMENDATION: Authorize the Mayor to send the comment letter from the City of Fremont to the Air Resources Board expressing the City's concerns with the proposed rule and opposition to the regulation as written.
2.5
ANNUAL INVESTMENT POLICY Approve the Fiscal Year 2003-04 Investment Policy
Contact Person Name: Gloria del Rosario David N. Millican Title: Revenue & Treasury Manager Deputy City Manager/Chief Financial Officer Dept.: Finance Finance Phone: 510- 494-4789 510- 494-4771 E-Mail: gdelrosario@ci.fremont.ca.us dmillican@ci.fremont.ca.us RECOMMENDATION: Adopt resolution approving the amended Statement of Investment Policy for the fiscal year 2003-04.
2.6
CONSIDERATION OF ACQUISITION AND DEVELOPMENT FUNDING FOR HCEB LINCOLN STREET HOUSING DEVELOPMENT Consideration of a $340,000 Acquisition and Development Loan from the Redevelopment Agency and HOME Program and Re-appropriation of FY 2003/04 CDBG Acquisition and
Predevelopment Grant Funds for Housing Consortium of the East Bay (HCEB) Lincoln Street Housing Development planned for the Irvington Redevelopment Project Area (Companion Item on RDA Agenda).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 lgescoto@ci.fremont.ca.us RECOMMENDATIONS: Adopt a resolution to: 1. Amend the FY 2003-04 CDBG Action Plan to include the reappropriation recommended in this item and the reappropriation of $190,000 previously approved by the City Council on July 22, 2003 (item 2.12) for this project. 2. Re-appropriate $300,000 in FY 2003/04 CDBG grant funds to HCEB towards site acquisition and for predevelopment; 3. Appropriate $208,650 in FY 2003/04 HOME loan funds to HCEB for construction; and authorize the Executive Director or her designee to execute the documents necessary to execute the grant and loan agreement(s).
2.7
PASEO PADRE ESTATES APPEAL Public Hearing (Published Notice) to consider an appeal of the Planning Commission's decision to deny a General Plan Amendment to change the land use designation from Open Space .25 dwelling units per acre to Medium Density Residential 6.5-10 dwelling units per acre on approximately 19 acres located at 40720 Paseo Padre Parkway in the Central Planning Area. An Environmental Impact Report (SCH# 200201089) was prepared and circulated for this project. (PLN2002-00003)
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.
2.8
DENSITY BONUS & AFFORDABLE HOUSING INCENTIVES ORDINANCE -ZONING TEXT AMENDMENT (PLN2003-00283) Public Hearing (Published Notice) to Consider Planning Commission Recommendation of a City-Initiated Zoning Text Amendment to revise the City's Density Bonus Ordinance to include density bonus procedures and provisions that reflect current State Density Bonus law. Contact Person Name: Jeff Schwob Christine Daniel Title: Interim Planning Director Deputy Director of Development & Environmental Services Dept.: Development & Environmental Services - Planning Division Development & Environmental Services Phone: 510-494-4527 510-494-4699 E-Mail: jschwob@ci.fremont.ca.us cdaniel@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 a draft Negative Declaration with accompanying Certificate of Fee Exemption and find it reflects the independent judgment of the City of Fremont. 4. Find PLN2003-00283, a Zoning Text Amendment, is in conformance with the relevant provisions contained in the City's General Plan. These provisions include the designations, goals and policies set forth in the General Plan's Land Use and Housing Chapters, as enumerated within the staff report. 5. Find the public necessity, convenience and general welfare require the adoption of Zoning Text Amendment (PLN2003-00283) because the new Ordinance implements State Law and the City General Plan, as shown in Exhibit "A".
6. Waive full reading and introduce an ordinance to adopt Zoning Text Amendment PLN200300283 in conference with Exhibit "A" (Zoning Text Amendment). 7. Adopt a motion directing the City Attorney to prepare a summary of the ordinance.
2.9
ZONING TEXT AMENDMENT FOR DELEGATION FOR HARB SIGN REVIEW.
Public Hearing (Published Notice) To consider a referral from the Historical Architectural Review Board and the Planning Commission for a Zoning Text Amendment to Title VIII (Planning and Zoning) Chapter 2 (Planning) Article 19.1 Historical Architectural Review Board, of the Fremont Municipal Code, to extend the staff review, rather than HARB review, of signs in areas with adopted design guidelines. Contact Person Name: Nancy Minicucci Jeff Schwob Title: Associate Planner Interim Planning Director Dept.: Development & Environmental Services Development & Environmental Services Phone: 510-494-4476 510-494-4527 E-Mail: nminicucci@ci.fremont.ca.us jschwob@ci.fremont.ca.us RECOMMENDATION: 1. Hold Public Hearing. 2. Find PLN2000-00131 is in conformance with the relevant provisions contained in the City's existing General Plan. These provisions include the designations, goals and policies set forth in the General Plan's Land Use Chapter. The project conforms to the goals and objectives of the historic commercial districts. 3. Waive full reading and introduce an ordinance for PLN2000-00131 in conformance with Exhibit "A".
2.10
PALM AVENUE PLANNED DISTRICT (PLN2002-00336) Public Hearing (published notice) to consider a Planning Commission referral of a Preliminary and Precise Planned District rezoning for a five lot single-family development. The proposed project includes the retention of the existing single-family house and the construction of four new single-family houses, as well as associated site work including creek bank restoration and construction of a public path at 42052 Palm Avenue, Mission San Jose Planning Area (Palm Avenue Planned District (PLN2002-00336) Contact Person Name: Avanindra K Gangapuram Jeff Schwob Title: Associate Planner Interim Planning Manager Dept.: Development and Environmental Services Development and Environmental Services Phone: 510-494-4437 510-494-4527 E-Mail: agangapuram@ci.fremont.ca.us jschwob@ci.fremont.ca.us
RECOMMENDATION: 1. Hold public hearing. 2. Find that there is no substantial evidence in the record that the project as conditioned would have significant impact on the environment; approve the draft Mitigated Negative Declaration and find it reflects the independent judgment of the City of Fremont. 3. Approve a Mitigation Monitoring Program (Exhibit "D") 4. Find PLN2002-0036 is in conformance with the relevant provisions contained in the City's existing General Plan. These provisions include the designations, goals and policies set forth in the General Plan's Land Use, Housing, and Transportation Chapters as enumerated within the staff report. 5. Waive full reading and introduce an ordinance, approving PLN2002-00336 rezoning the project site in conformance with Exhibit "A" (Rezoning Exhibit).
2.11
CENTRAL 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. 34 - Central Avenue between Dusterberry Way and Fremont Boulevard. Contact Person Name: Connie Louie Norm Hughes Title: Associate Civil Engineer City Engineer Dept.: Development and Environmental Services Development and Environmental Services Phone: 510-494-4682 510-494-4748 E-Mail: clouie@ci.fremont.ca.us nhughes@ci.fremont.ca.us
RECOMMENDATION: 1. Open Public Hearing. 2. Close Public Hearing. 3. Introduce Ordinance establishing Utility Underground District No. 34 and find that Central Avenue is a major thoroughfare extensively used by the general public and carries a heavy volume of vehicular and pedestrian traffic. 4. Direct PG&E to use Rule 20A funds to pay the on-site connection fees (Utility Relocation Fee) for Utility Underground District No. 34 for 100 feet of each parcel's lateral service, and for each individual property owners' electric meter conversion, up to the maximum allowable. 5. Direct staff to proceed with a design project for Utility Underground District No. 34 for the 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, 8289(PWC).
2.12
FEDERAL LOCAL LAW ENFORCEMENT BLOCK GRANT Public Hearing to Adopt a Resolution Accepting Federal Local Law Enforcement Block Grant, LLEBG, in the amount of $85,559.00 Contact Person Name: Sandra Cortez Craig Steckler Title: Captain Chief of Police Dept.: Police Department Police Department Phone: 510-790-6985 510-790-6810 E-Mail: scortez@ci.fremont.ca.us csteckler@ci.fremont.ca.us
RECOMMENDATION: 1. Hold a hearing and receive public input on the proposed usage of $85,559.00 from the Federal Local Law Enforcement Block Program grant. 2. Adopt a resolution authorizing the City Manager to accept the grant award to execute the necessary grant documents, accepting and tentatively declaring the City's intent to appropriate funds in the FY2003/2004 budget in accordance with the advisory group's recommendation, and declaring the City's intent to honor the matching funds requirement.
3.
CEREMONIAL ITEMS - None.
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 -
None.
6.
REPORT FROM CITY ATTORNEY
6.1
Report Out from Closed Session of Any Final Action
6.2
BIG BOX STORES WITH GROCERY Information Regarding Big Box Retail Stores With Full Service Grocery Elements - Response To Council Referral Contact Person Name: Larissa Seto Harvey Levine Title: Sr. Deputy City Attorney City Attorney Dept.: City Attorney's Office City Attorney's Office Phone: 510-284-4038 510-284-4030 E-Mail: lseto@ci.fremont.ca.us hlevine@ci.fremont.ca.us
RECOMMENDATION: 1. Accept information. 2. Provide comments and direction to staff.
7.
REPORT FROM CITY MANAGER
7.1
FREMONT PAVEMENT MANAGEMENT PROGRAM STREET SURVEY Staff Presentation and Request for Council Approval of Contract for Pavement Management Program Street Survey Contact Person Name: John Barron Norm Hughes Title: Street Maintenance Superintendent City Engineer Dept.: Street Maintenance Engineering Phone: 510-713-5718 510-494-4748 E-Mail: jbarron@ci.fremont.ca.us nhughes@ci.fremont.ca.us
RECOMMENDATION: Authorize the City Manager to execute the agreement with Nichols Consulting Engineers, Chtd in the amount of $141,340.00 to conduct the street survey.
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. 34-2003. 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
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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 duringthe 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.
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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.
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