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City Council Regular Meeting Agenda and Minutes 10/26/04

Tuesday, October 26, 2004


City Council Members

Meeting Location

Gus Morrison - Mayor
Steve Cho - Vice Mayor
Bob Wasserman
Bill Pease
Dominic D. Dutra

City Council Chambers
3300 Capitol Avenue 
7 p.m.


AGENDA

FREMONT CITY COUNCIL REGULAR MEETING

OCTOBER 26, 2004

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 October 5 and October 12 and the Regular Work Session of October 19, 2004

2.3

Second Reading and Adoption of an Ordinance of the City of Fremont Amending Chapter 2, Title VIII of the Fremont Municipal Code by Rezoning a 0.913 Acre Parcel Located at 35659 Fremont Boulevard in the Centerville Planning Area from Planned District P-2002-339 (PD) to Planned District P-2004-49 (PD)

(Introduced October 12, 2004)

RECOMMENDATION: Adopt ordinance.

2.4

ACCEPTANCE OF METROPOLITAN MEDICAL RESPONSE SYSTEM GRANT

Adoption of a Resolution Accepting the Metropolitan Medical Response System
FY 2004 Continuation Grant

Contact Person:

Name:

Victor Valdes

Title:

Fire Division Chief

Dept.:

Fire Department

Phone:

510-494-4295

E-Mail:

vvaldes@ci.fremont.ca.us

RECOMMENDATION:

1.  Accept the US DHHS MMRS FY 2004 Continuation Grant for $400,000 for continuation of current work.

2.  Authorize the City Manager or designee to execute the grant agreement.

3.  Appropriate the MMRS continuation grant funds in the amount of $400,000 to account # 177.2223.

2.5

ALAMEDA COUNTY BEHAVIORAL HEALTH CARE SERVICES CONTRACT RENEWAL

Authorization for City Manager to Execute Contract with the Alameda County Behavioral Health Care Services (ACBHCS) for Reimbursement for Mental Health Services

Contact Person:

Name:

Iris Preece

Dan Schoenholz

Title:

Youth & Family Services Administrator

Deputy Director

Dept.:

Human Services

Human Services

Phone:

510-574-2128

510-574-2048

E-Mail:

ipreece@ci.fremont.ca.us

dschoenholz@ci.fremont.ca.us

RECOMMENDATION: Authorize the City Manager to execute a contract amendment in the amount of $261,246 with Alameda County Behavioral Health Care Services for reimbursement for mental health services.

2.6

AMENDMENTS TO DANGEROUS DOG APPEAL PROVISIONS

Introduction of an Ordinance Amending the Appeal Provisions in Fremont Municipal Code Title III, Chapter 5, Article 14 Pertaining to Dangerous Dog and Potentially Dangerous Dog Classification Determinations

Contact Person:

Name:

Scott Rennie

Allen Holm

Title:

Sr. Deputy City Attorney

Sergeant

Dept.:

City Attorney

Police

Phone:

510-284-4037

510-790-6646

E-Mail:

srennie@ci.fremont.ca.us

aholm@ci.fremont.ca.us

RECOMMENDATION: Waive full reading and introduce an ordinance amending the provisions of Fremont Municipal Code Title III, Chapter 9, Article 14 governing the appeal of potentially dangerous and dangerous dogs determinations.

2.7

BAY STREET 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. 36 – Bay Street Between Fremont Boulevard and Chapel Way

Contact Person:

Name:

Connie Louie

Norm Hughes

Title:

Senior Civil Engineer

City Engineer

Dept.:

Development & Environmental Services

Development & Environmental Services

Phone:

510-494-4682

510-494-4748

E-Mail:

clouie@ci.fremont.ca.us

nhughes@ci.fremont.ca.us

RECOMMENDATIONS:

1.  Hold Public Hearing.

2.  Waive full reading and introduce an Ordinance establishing Utility Underground District No. 36 and find that Bay Street is street which adjoins a civic area or a public recreation area.

3.  Direct PG&E to use Rule 20A funds to pay the on-site connection fees (Utility Relocation Fee) for Utility Underground District No. 36 for 100 feet of each parcel's lateral service, and for each individual property owner's electric meter conversion, up to the maximum allowable.

2.8

MORATORIUM ON SELECT ASSEMBLY AND OTHER USES IN THE RESTRICTED INDUSTRIAL (I-R) AND GENERAL INDUSTRIAL (G-I) DISTRICTS

Public Hearing (Published Notice) to Extend for Five (5) Months the Moratorium on Select Assembly and Other Uses Which Bring Large Populations into the Restricted Industrial (I-R) and General Industrial (G-I) Districts, and to Outline Some Preliminary Findings

Contact Person:

Name:

Wayne Morris

Jeff Schwob

Title:

Associate Planner

Planning Director

Dept.:

Development & Enviornmental Services

Development & Environmental Services

Phone:

510-494-4729

510-494-4527

E-Mail:

wmorris@ci.fremont.ca.us

jschwob@ci.fremont.ca.us

RECOMMENDATION:

1.  Hold public hearing.

2.  Provide comment regarding preliminary options for Restricted Industrial (I-R) and General Industrial (G-I) Districts.

3.  Find that the extension of the moratorium is exempt from CEQA review pursuant to Title 14 California Code of regulations Section 15060 (c)(2).

4.  Adopt an urgency ordinance extending for five (5) months the moratorium on assembly type land uses which attract large populations within the Restricted Industrial (I-R) district, exempting parcels located generally within 500 feet of the centerline of Automall Parkway east of I-880.

5.  Adopt an urgency ordinance extending for five (5) months the moratorium on assembly and other uses in General Industrial (G-I) district, exempting parcels located generally within 500 feet of the centerline of Automall Parkway east of I-880.

2.9

PACIFIC INDUSTRIAL CENTER 40999 BOYCE RD AND 6600 STEVENSON BLVD FAR INCREASE AND PARKING REDUCTION (PLN2001-00203)

Public Hearing (Published Notice) to Consider a 16.3% Floor Area Ratio (FAR) Increase and 51% Parking Reduction to Allow Light Industrial Uses on an Existing, Developed Parcel Containing Two Buildings Totaling 301,912 Square Feet Located at 40999 Boyce Road and 6600 Stevenson Boulevard in the Industrial Planning Area

Contact Person:

Name:

Clifford Nguyen

Jeff Schwob

Title:

Planner II

Planning Director

Dept.:

Development & Environmental Services

Development & Environmental Services

Phone:

510-494-4769

510-494-4527

E-Mail:

cnguyen@ci.fremont.ca.us

jschwob@ci.fremont.ca.us

RECOMMENDATION:

1.  Hold public hearing.

2.  Find that the proposed project PLN2001-00203 is categorically exempt under Section 15301 [Existing Facilities] of the California Environmental Quality Act as it relates to the permitting of light industrial uses within an existing, developed industrial park in a location that is not environmentally sensitive, and where all public services and facilities are available to serve the project as proposed based on the findings and conditions.

3.  Find the proposed project PLN2001-00203 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 Element as enumerated within the staff report.

4.  Approve PLN2001-00203 permitting the 16.3% Floor Area Ratio increase and 51% parking reduction as depicted in Exhibit "A", based on the findings and conditions in Exhibit "B" and subject to the Land Use Declaration in Exhibit "C".

2.10

FIRE STATION #6 PREFERRED SITE – PROPERTY ACQUISITION

Public Hearing (Published Notice) and Property Owner Hearing for Consideration of Adoption of Resolution of Necessity for Acquisition of 4355 Central Avenue for Fire Station #6 (Centerville), City Project PWC No. 8531. A General Plan Conformity Finding, PLN 2005-00051, Has Been Completed and a Mitigated Negative Declaration Has Been Prepared and Circulated for This Project

Contact Person:

Name:

Jake Lavin

Randy Sabado

Title:

Fire Bond Project Manager

Real Property Manager