AGENDA
FREMONT CITY COUNCIL REGULAR MEETING
JULY 26, 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 June 28, 2005, July 5, 2005 and July 12, 2005.
2.3 Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Amending Chapter 2 (Zoning) Of Title VIII (Planning and Zoning) of the Fremont Municipal Code Amending the Single Family R-1-10, R-1-8 and R-1-6 Districts and Site Plan and Architectural Approval (SPAA) Design Guidelines to Create the Land Use Range Enabler and Amend the Architectural Guidelines to Minimize Privacy Impacts Associated with Increased Density (Introduced July 12, 2005)
RECOMMENDATION: Adopt ordinance.
2.4 Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Amending Chapter 2, Title VIII of the Fremont Municipal Code by Rezoning an Approximately 2.43 Acres of Land from P-2002-216 to Planned District P-2005-76 to Allow Multi-family Housing or Mixed Use (Introduced July 12, 2005)
RECOMMENDATION: Adopt ordinance.
2.5 Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Amending Chapter 2, Title VIII of the Fremont Municipal Code by Rezoning an Approximately 19.6 Acres of Land Consisting of Three Bart Parcels from R-3-50 & P District to a Planned District (P-2005-215) to Allow Multi-family Housing or Mixed Use (Introduced July 12, 2005)
RECOMMENDATION: Adopt ordinance.
2.6 Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Amending Chapter 2, Title VIII of the Fremont Municipal Code by Rezoning an Approximately 7.9 Acre Site (11 Parcels) from Light Industrial and Light Industrial Floodway Combining District to Multi-family (R-3-27, O-S FW) and Single Family Residential (R-1-6) Districts to Allow Multi-family Housing or Mixed Use (Introduced July 12, 2005)
RECOMMENDATION: Adopt ordinance.
2.7 Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Amending Chapter 2, Title VIII of the Fremont Municipal Code by Rezoning an Approximately 15.6 Acre Site from P-81-15W to P-2005-80 and Creating a New Planned District to Allow Multi-family Housing or Mixed Use (Introduced July 12, 2005)
RECOMMENDATION: Adopt ordinance.
2.8 Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Amending Chapter 2 (Zoning) Of Title VIII (Planning and Zoning) of the Fremont Municipal Code Modifying Regulations for the O-S (Open Space), P-F (Public Facilities), P-D (Planned) Districts, Other Zoning Regulations (Definitions and Development Standards), to Implement the Hill Area Initiative of 2002 (Measure T) (Introduced July 12, 2005) – Summary
RECOMMENDATION: Adopt ordinance.
2.9 Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Amending Chapter 2, Title VIII of the Fremont Municipal Code by Rezoning Property Generally Located at 39311, 39393 and 39439 Mission Boulevard from P (Planned Development) District to R-3-27 (Multi-family Residential District (PLN2004-00275) (Introduced July 12, 2005)
RECOMMENDATION: Adopt ordinance.
2.10 Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Amending Chapter 2, Title VIII of the Fremont Municipal Code by Rezoning Property Generally Located at 37010 Dusterberry Way in the Centerville Planning Area from C-C (CSPC), Community Commercial (Centerville Specific Plan Overlay) to R-3-23 (CSPC), Multi-family Residence District (Centerville Specific Plan Overlay) (PLN2005-000232) (Introduced July 12, 2005)
RECOMMENDATION: Adopt ordinance.
2.11 Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Amending Chapter 2, Title VIII of the Fremont Municipal Code by Rezoning Property on Eight Parcels on Haven Avenue in the Irvington Planning Area from R-G-29 to R-1-6 (PLN2005-00291) (Introduced July 12, 2005)
RECOMMENDATION: Adopt ordinance.
2.12 Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Amending Adopting an Amendment to the Amended and Restated Redevelopment Plan for the Niles Redevelopment Project Pursuant to Health and Safety Code Section 33333.6(E)(2)(C), and Amending Related Ordinances in Connection Therewith (Introduced July 12, 2005)
RECOMMENDATION: Adopt ordinance.
2.13 Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Adopting an Amendment to the Amended and Restated Redevelopment Plan for the Irvington Redevelopment Project Pursuant to Health and Safety Code Section 33333.6(E)(2)(C), and Amending Related Ordinances in Connection Therewith (Introduced July 12, 2005)
RECOMMENDATION: Adopt ordinance.
2.14 Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Adopting an Amendment to the Amended and Restated Redevelopment Plan for the Industrial Redevelopment Project Pursuant to Health and Safety Code Section 33333.6(E)(2)(C), and Amending Related Ordinances in Connection Therewith (Introduced July 12, 2005)
RECOMMENDATION: Adopt ordinance.
2.15 Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Adopting an Amendment to the Amended and Restated Redevelopment Plan for the Centerville Redevelopment Project Pursuant to Health and Safety Code Section 33333.6(E)(2)(C), and Amending Related Ordinances in Connection Therewith (Introduced July 12, 2005)
RECOMMENDATION: Adopt ordinance.
2.16 Second Reading and Adoption of an Ordinance of the City Council of the City of Fremont Amending Chapter 2 (Zoning) of Title VIII (Planning and Zoning) of the Fremont Municipal Code to Clarify Density Calculation Requirements for Multi-family (R-G and R-3) Districts (Introduced July 12, 2005)
RECOMMENDATION: Adopt ordinance.
2.17 EXECUTIVE HOUSING ASSISTANCE LOAN
Authorization to Provide a Housing Assistance Loan to the City of Fremont Fire Chief
Contact Person:
Name: Nancy Carlson Fred Diaz
Title: Human Resources Director City Manager
Dept.: Human Resources City Manager’s Office
Phone: 510-494-4662 510-284-4002
E-Mail: ncarlson@ci.fremont.ca.us fdiaz@ci.fremont.ca.us
RECOMMENDATION: Authorize City Manager or designee to execute the Housing Assistance Loan Agreement and related documents for Fire Chief Bruce Martin.
2.18 AMENDMENT TO EMPLOYMENT AGREEMENT
Amendment of Employment Agreement for City Attorney
Contact Person:
Name: Nancy Carlson
Title: Human Resources Director
Dept.: Human Resources
Phone: 510-494-4662
E-Mail: ncarlson@ci.fremont.ca.us
RECOMMENDATION: Adopt a resolution amending the employment agreement for the City Attorney to provide for changes in salary and benefits as discussed in this report.
2.19 APPROVAL OF FINAL TRACT 7569 - 2650 BRUCE DRIVE - SUMMERHILL HOMES
Approval of Final Map, and Improvement Agreement for Tract 7569 for the Construction of Public Streets (Bruce Drive, Benbow Drive and Villa Savona Court) and Dedication of Land and Public Easements - Tract 7569
Contact Person:
Name: Kathleen Chu Norm Hughes
Title: Senior Civil Engineer City Engineer
Dept.: DES DES
Phone: 510-494-4423 510-494-4748
E-Mail: kchu@ci.fremont.ca.us nhughes@ci.fremont.ca.us
RECOMMENDATION: Adopt a resolution:
1. Approving the final map and the improvements plans for Final Tract Map 7569 subject to final approval by the City Engineer
2. Approving the Improvement Agreement for Public Street improvements entitled “Improvement Agreement Tract 7569”, with the developer, SummerHill Homes, and authorizing the City Manager to execute the agreement on behalf of the City.
3. Accepting the developer’s offers of dedication of land, as identified on the final map, provided that the acceptance of the offer of dedication for any public streets and easements shall be conditioned upon the developer’s completion of improvements to the satisfaction of the City Engineer.
2.20 AGREEMENT WITH THE COUNTY OF ALAMEDA REGARDING COLLECTION OF TAXES AND ASSESSMENTS FOR FISCAL YEAR 2005/2006
Approval of Certification and Mutual Indemnification Agreement with the County of Alameda Regarding Collection of Taxes and Assessments on the Fiscal Year 2005/2006 Secured Property Tax Bill
Contact Person:
Name: Michael W. Barrett Harvey E. Levine
Title: Assistant City Attorney City Attorney
Dept.: City Attorney’s Office City Attorney’s Office
Phone: 510-284-4035 510-284-4032
E-Mail: mbarrett@ci.fremont.ca.us hlevine@ci.fremont.ca.us
RECOMMENDATION: Adopt resolution approving the Certification and Mutual Indemnification Agreement with the County of Alameda, and authorize the City Attorney to sign the agreement on behalf of the City.
2.21 SETTING THE GENERAL OBLIGATION BOND 2005/06 TAX RATE
Annual Tax Rate for Voter-Approved General Obligation Bond Debt Service for Fiscal Year 2005/06
Contact Person:
Name: Gloria del Rosario Harriet Commons
Title: R&T Manager Finance Director
Dept.: Finance Finance
Phone: 510-494-4635 510-284-4010
E-Mail: gdelrosario@ci.fremont.ca.us hcommons@ci.fremont.ca.us
RECOMMENDATION:
1. Establish the tax rate of $0.00792 per $100 of assessed valuation (0.00792%) for the fiscal year 2005/06.
2. Adopt a resolution requesting and authorizing the County of Alameda to levy a tax on all taxable properties in the City as a voter approved levy with respect to the fire safety general obligation bond.
2.22 WASHINGTON BOULEVARD/PASEO PADRE PARKWAY GRADE SEPARATION PROJECT MITIGATION REQUIREMENTS
Approval to Purchase 22.5 Mitigation Credits at the Ohlone Preserve Conservation Bank as Part of the Project Mitigation Impacts of California Tiger Salamander Habitat
Contact Person:
Name: Afshin Abtahi Jim Pierson
Title: Project Manager Assistant City Engineer
Dept.: DES DES
Phone: 510-494-4724 510-494-4722
E-Mail: aabtahi@ci.fremont.ca.us jpierson@ci.fremont.ca.us
RECOMMENDATION: Authorize the City Manager or designee to execute the Agreement for Sale of Conservation Credits for the purchase of 22.5 mitigation credits at the Ohlone Preserve Conservation Bank as part of the Washington Boulevard/ Paseo Padre Parkway Grade Separation Project (8156 PWC) mitigation for impacts to the California Tiger Salamander (CTS) habitat for a sale price of $290,250.
2.23 WASHINGTON BOULEVARD/PASEO PADRE PARKWAY GRADE SEPARATION PROJECT GRADING AND DRAINAGE CONTRACT 8156G(PWC)
Approval of Plans and Specifications and Award of Washington Boulevard/Paseo Padre Parkway Grading and Drainage Contract
Contact Person:
Name: Afshin Abtahi Jim Pierson
Title: Project Manager Assistant City Engineer
Dept.: DES/Engineering DES/Engineering
Phone: 510-494-4724 510-494-4722
E-Mail: aabtahi@ci.fremont.ca.us jpierson@ci.fremont.ca.us
RECOMMENDATION:
1. Approve the Plans and Specifications for the Washington Boulevard / Paseo Padre Parkway Drainage and Grading Contract, a portion of City Project No. 8156 (PWC).
2. Award the Washington Boulevard / Paseo Padre Parkway Drainage and Grading Contract to RGW Construction, Inc., the lowest responsive and responsible bidder, in the amount of $1,420,015 and authorize the City Manager or his designee to execute the contract.
2.24 FIRE STATION #8 CONTRACT AWARD
Approval of Plans and Specifications and Award of Contract for North Fremont/Brookvale Fire Station # 8, 35659 Fremont Boulevard, City Project No. 7838 (PWC), APN # 543-039-402-902
Contact Person:
Name: Ronnie Fong, P.E. Jim Pierson, P.E.
Title: Senior Civil Engineer Assistant City Engineer
Dept.: DES DES
Phone: 510-494-4778 510-494-4722
E-Mail: rfong@ci.fremont.ca.us jpierson@ci.fremont.ca.us
RECOMMENDATION:
1. Approve the plans and specifications for Fire Station #8, City Projects No. 7838 (PWC).
2. Award a contract for construction for the for Fire Station #8, City Projects No. 7838 (PWC), to the lowest responsible bidder, D.L. Falk Construction, in the amount of $4,284,000, and Authorize the City Manager, or designee, to execute the contract.
2.25 PROPERTY TAX EXCHANGE RELATED TO ACWD ANNEXATION
Exchange of Property Tax Increment Resulting from Territory within the City of Fremont Annexed to the Alameda County Water District
Contact Person:
Name: Jim Becklenberg Harriet Commons
Title: Budget Manager Finance Director
Dept.: Finance Finance
Phone: 510-494-4615 510-284-4010
E-Mail: jbecklenberg@ci.fremont.ca.us hcommons@ci.fremont.ca.us
RECOMMENDATION: Adopt a resolution providing for the exchange of property tax revenues equal to 90% of the share ACWD normally receives on property within its jurisdictional boundaries as the result of the area located in Fremont known as Mayfield Housing, Tract 7409 being annexed into Alameda County Water District.
2.26 DELEGATION OF AUTHORITY TO CITY MANAGER DURING COUNCIL RECESS
Delegation of Authority to City Manager during Council Recess, July 27, 2005, through September 5, 2005
Contact Person:
Name: Rick Caldeira Christine Daniel
Title: Deputy City Clerk Deputy City Manager
Dept.: City Clerk’s Office City Manager’s Office
Phone: 510-284-4063 510-284-4008
E-Mail: rcaldeira@ci.fremont.ca.us cdaniel@ci.fremont.ca.us
RECOMMENDATION: Adopt resolution authorizing the City Manager or designee to approve and execute as necessary, on behalf of the City, the items set forth in this report, and to take the following actions:
1. Authorize the City Manager or designee to approve contract change orders if there are sufficient existing budget appropriations.
2. Authorize the City Manager or designee to: (1) approve plans and specifications for Grimmer Boulevard Median Improvements (PWC 8377), (2) accept the bid of and award a contract to the lowest responsible bidder, and (3) execute the contract on behalf of the City.
3. Authorize the City Manager or designee to: (1) approve plans and specifications for Paseo Padre Parkway Bike Lanes, PWC 8578, (2) accept the bid and award a contract to the lowest responsible bidder, and (3) execute the contract on behalf of the City.
4. Authorize City Manager or designee to execute a lease agreement and all necessary documents with Cingular Wireless for a wireless communication facility located at Lemos Lane and Marabu Way.
5. Authorize City Manager or designee to: (1) approve an agreement relating to construction in the Public Right of Way for 2nd Street in Niles, and (2) execute the agreement on behalf of the City.
6. Authorize the City Manager or designee to execute an agreement to accept a FY 2004/05 $65,000 grant from the Alameda County Waste Management Authority to pay for obtaining LEEDS (Leadership in Energy and Environmental Design) Certification from the U.S. Green Building Council for the design and construction of Centerville Fire Station # 6, and appropriate funds from the Grant to PWC8531.
7. Authorize the City Manager or designee to execute an agreement with the Alameda County Waste Management Authority, if the Authority decides to issue a FY 2005/06 $65,000 grant, to pay for obtaining LEEDS (Leadership in Energy and Environmental Design) Certification from the U.S. Green Building Council for the design and construction of Niles Fire Station # 2, and appropriate funds from the Grant to PWC8549.
8. Authorize the City Manager or designee to execute an agreement with CALTRANS if the State decides to issue a FY 2005/06 $400,000 grant to pay for Emergency Vehicle Pre-emption for traffic signals on Fremont Boulevard and appropriate the funds to PWC 8621.
9. Authorize the City Manager or designee to approve change orders over 20% in an amount not to exceed $70,000 if no additional appropriations are required, accept the project improvements for Centerville Unified Site Soils Excavation and Lead Abatement, RDA1038, as complete and record a Notice of Completion with the County Recorder.
10. Authorize the City Manager or designee to approve change orders over 20%, not to exceed $415,000, accept the project improvements for Fremont Fire Stations #4, 5, 9, and 10, Projects PWC 8555 (Missions San Jose), PWC 8554 (Warm Springs), PWC 8556 (Kimber/Stevenson) and PWC 8553 (Ardenwood) as complete, and record a Notice of Completion with the County Recorder.
11. Authorize City Manager or designee to execute an amendment to the Altamont Landfill Agreement to clarify that waste delivery will not occur at Altamont until the Tri-Cities Recycling & Disposal Facility has reached full capacity.
12. Authorize City Manager or designee to execute an agreement with David J. Powers & Assoc., to prepare Environmental Impact Report on the Tri-Cities Recycling and Disposal Facility Closure & Post Closure Plan.
13. Authorize City Manager or designee to execute the annual Youth Service Center contract with Alameda County Probation in the amount of $162,355 for counseling services for at-risk youth and their families.
14. Authorize City Manager or designee to execute the annual Local Service Area contract with Alameda County Probation in the amount of $159,766 for truancy intervention and services diverting youth from the criminal justice system.
15. Authorize City Manager or designee to apply for $96,224 in EDI funding for the Kidango Rix Child Care Center, and appropriate $96,224 in EDI funds for the Kidango Rix Child Care Center project.
16. Authorize City Manager or designee to execute contract with Alameda County Behavioral Health for mental health services at the Fremont Family Resource Center.
2.27 ONE-YEAR EXTENSIONS AMENDING THE CITY’S REDEVELOPMENT PLANS FOR THE IRVINGTON, NILES, INDUSTRIAL AND CENTERVILLE PROJECT AREAS (SECOND PUBLIC HEARING)
Public Hearing (Published Notice) to Consider Amending the Redevelopment Plans for Irvington, Niles, Industrial and Centerville Project Areas to Extend Each Affected Plan’s Time Limits on Plan Effectiveness, Repayment of Indebtedness and Receipt of Tax Increment Revenue by One Year Pursuant to SB 1045
Contact Person:
Name: Irene Klebanivska Laura Gonzalez-Escoto
Title: Business Manager Redevelopment Agency Director
Dept.: OHR OHR
Phone: 510-494-4510 510-494-4501
E-Mail: iklebanivska@ci.fremont.ca.us lgonzalez-escoto@ci.fremont.ca.us
RECOMMENDATION: Staff recommends that the City Council hold a public hearing, have a second reading, and adopt the ordinances amending the Redevelopment Plans for Irvington, Niles, Industrial and Centerville Project Areas to extend each affected plan’s time limits on plan effectiveness, repayment of indebtedness and receipt of tax increment by one year pursuant to SB 1045.
2.28 FIRE STATION #6 (CENTERVILLE)
Public Hearing (Published Notice) to Consider a Precise Planned District to Allow an Approximately 13,200 Square Foot Fire Station and a 2,600 square foot Reserve Apparatus Storage Building on a 2.5 acre site at 4355 Central Avenue in the Centerville Planning Area. A Mitigated Negative Declaration has been Previously Prepared and Adopted for this Project (PLN2005-00278)
Contact Person:
Name: Barbara Meerjans Jeff Schwob
Title: Senior Planner Planning Director
Dept.: Planning Planning
Phone: 510-494-4451 510-494-4527
E-Mail: bmeerjans@ci.fremont.ca.us jschwob@ci.fremont.ca.us
RECOMMENDATION:
1. Hold public hearing.
2. Find that the Mitigated Negative Declaration previously adopted on October 26, 2004 addressed this project and no further environmental review is needed.
3. Find that PLN2005-00278 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 Fundamental Goals and Health and Safety Chapters, as set forth in Exhibit “C”, hereby adopted by reference.
4. Find PLN2005-00278, as per Exhibit “B” (site plan, floor plans, elevations and civil, and landscape plans), fulfills the applicable requirements set forth in the Fremont Municipal Code.
5. Waive full reading and introduce an ordinance to rezone property as set forth in Exhibit “A” (Planned District), P-2005-278, Exhibit “B” (site plan, floor plans, elevations and civil, and landscape plans), and Exhibit "D" (material color and sample board) based upon the findings and subject to the conditions of approval set forth in Exhibit "C".
2.29 SELMA AVENUE UTLITY EASEMENT ABANDONMENT - (PLN2005-00283)
Public Hearing (Published Notice) to Consider a Summary Vacation of a 12-foot Public Utility Easement at 5116 Selma Avenue in the Centerville Planning Area
Contact Person:
Name: Momoko Ishijima Jeff Schwob
Title: Planner II Planning Director
Dept: Planning Division Planning Division
Phone: 510-494-4683 510-494-4527
E-Mail: mishijima@ci.fremont.ca.us jschwob@ci.fremont.ca.us
RECOMMENDATION:
1. Hold public hearing.
2. Find the project is exempt from CEQA per Section 15305, Minor Alterations in Land Use Limitations.
3. Find Easement Vacation (PLN2005-00283) as depicted and described on Exhibit “A” is in conformance with the General Plan for the reasons stated in this report.
4. Find Easement Vacation (PLN2005-00283) as depicted and described on Exhibit “A” fulfills the applicable criterion for summary vacation for the reasons stated in the body of this report.
5. Adopt a resolution including the findings referenced in recommendation 3 and 4 and vacating the easement as depicted and described on Exhibit “A”.
6. The City Clerk shall record the Resolution of Vacation for PLN2005-00283 with the Alameda County Recorder and return one copy each of the resolution to the Planning and Engineering Divisions of Development and Environmental Services for their respective files.
3. CEREMONIAL ITEMS
3.1 Proclamation: Fremont Festival of the Arts Week
3.2 Resolution: Hon | 
