AGENDA
FREMONT CITY COUNCIL REGULAR MEETING
SEPTEMBER 27, 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 September 6, 2005 and September 13, 2005.
2.3 STORMWATER QUALITY MANAGEMENT GENERAL PLAN AMENDMENT AND ZONING TEXT AMENDMENT
Public Hearing (Published Notice) to Consider a City-Initiated General Plan Amendment (GPA) and Zoning Text Amendment (ZTA) to Respond to Current National Pollutant Discharge Elimination System (NPDES) Permit Requirements Specifically Pertaining to Site Design Considerations, Source Control Best Management Practices, and Post-Construction Stormwater Treatment Controls
Contact Person:
Name: Nancy Minicucci Jeff Schwob
Title: Associate Planner Planning Director
Dept.: DES DES
Phone: 510-494-4476 510-494-4527
E-Mail: nminicucci@ci.fremont.ca.us jschwob@ci.fremont.ca.us
RECOMMENDATIONS:
1. Hold public hearing.
2. Find PLN2006-00006 is categorically exempt from CEQA per section 15308, actions by regulatory agencies for the protection of the environment.
3. Find that PLN2006-00006 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 Fundamental and Natural Resources Chapters as enumerated within the staff report.
4. Find that the public necessity, convenience and general welfare requires the adoption of this Zoning Text Amendment and General Plan Amendment PLN2006-00006 because the proposed text changes are needed to respond to current National Pollutant Discharge Elimination System (NPDES) permit requirements specifically pertaining to site design considerations, source control best management practices, and post-construction stormwater treatment controls.
5. Adopt a resolution approving PLN2006-00006 in conformance with Exhibit “A” (General Plan Amendment).
6. Waive full reading and introduce an ordinance amending Fremont Municipal Code Chapter 11 (Stormwater Management and Discharge Control) Title VII (Planning and Zoning), in conformance with Exhibit “B” Planning and Zoning Text Amendment.
2.4 AUTOMALL COMMONS - 4343 AUTO MALL PARKWAY (PLN2005-00167)
Public Hearing (Published Notice) to Consider a General Plan Amendment Application to Change the Land Use Designation from Office Commercial to a Residential Medium Density Designation of 11-15 Dwelling Units Per Acre on a 0.94 Acre Site at 4343 Auto Mall Parkway and Rezone the Site from P-69-2 (Planned Development) to R-3-15 (Multi-family Residential) Zoning District. A Negative Declaration has been Prepared for this Item (PLN2005-00167)
Contact Person:
Name: Deborah Ungo-McCormick Jeff Schwob
Title: Planning Consultant Planning Director
Dept.: Planning Division Planning Division
Phone: 510-494-4439 510-494-4427
E-Mail: dungo-mccormick@ci.fremont.ca.us
E-Mail: jschwob@ci.fremont.ca.us
RECOMMENDATIONS:
1. Hold public hearing.
2. Based on the information available to date, find the initial study prepared for PLN2005-00167 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 additional or potential for adverse effect on wildlife resources.
3. Adopt Draft Mitigated Negative Declaration for PLN2005-00167, find that it reflects the independent judgement of the City of Fremont, and find there is no substantial evidence that the project, as mitigated, will have a significant impact on the environment.
4. Approve the Mitigation Monitoring Program prepared for PLN2005-00167.
5. Find that General Plan Amendment and Rezoning are 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 Element Chapters as enumerated within the staff report.
6. Adopt a resolution approving the General Plan Amendment for PLN2005-00167 (Exhibit “A”) and waive reading of the full text and introduce a rezoning ordinance for PLN2005-00167 as shown on Exhibit “B”.
2.5 BICYCLE MASTER PLAN GPA
BICYCLE MASTER PLAN GENERAL PLAN AMENDMENT – CITYWIDE – (PLN2005-00354)
Public Hearing (Published Notice) to Consider a General Plan Amendment to the Transportation Element of the City’s General Plan for the Updated City of Fremont Bicycle Master Plan, and the Adoption of the Bicycle Master Plan
Contact Person:
Name: Scott Ruhland Rene Dalton
Title: Associate Planner Associate Transportation Engineer
Dept.: DES DES
Phone: 510-494-4453 510-494-4535
E-Mail: sruhland@ci.fremont.ca.us rdalton@ci.fremont.ca.us
RECOMMENDATIONS:
1. Hold a public hearing.
2. Find that the initial study conducted for the project has evaluated the potential impacts that could cause an adverse effect, either individually or cumulatively, on wildlife resources and find that there is no evidence the project would have any potential for adverse effect on wildlife resources. As a result, recommend the filing of a Certificate of Fee Exemption for the project.
3. Adopt the Draft Negative Declaration for this project and find that there is no substantial evidence that the project will have a significant effect on the environment and further find that this action reflects the independent judgment of the City of Fremont.
4. Find that the project 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 Transportation Chapter as enumerated within the staff report.
5. Adopt a resolution for PLN2005-00354 amending the General Plan Transportation Chapter in conformance with Exhibit "A" (General Plan Amendment Exhibit).
6. Adopt a resolution approving the Bicycle Master Plan. To the extent that there is any inconsistency between the 2002 Bicycle and Pedestrian Plan and the 2005 Bicycle Master Plan, the latter document governs.
7. Direct Staff to begin preparation of a Bicycle Parking Ordinance, including shower requirements, for future consideration.
2.6 REPORT OF ACTIONS TAKEN DURING COUNCIL RECESS
Report of Actions Taken by the City Manager During Council Recess - July 27, 2005 Through September 5, 2005
Contact Person:
Name: Renee Elliott Christine Daniel
Title: Senior Deputy City Clerk Deputy City Manager
Dept.: City Clerk’s Office City Manager’s Office
Phone: 510-284-4064 510-284-4008
E-Mail: relliott@ci.fremont.ca.us cdaniel@ci.fremont.ca.us
RECOMMENDATION: Receive report acknowledging actions taken by the City Manager or designee during recess.
2.7 MEASURE B EXPENDITURE PLAN AMENDMENT NO. 1 (ROUTE 238 HAYWARD BYPASS PROJECT)
Adopt a resolution Authorizing the City of Fremont’s Approval of Amendment No. 1 (Route 238 Hayward Bypass Project) to the Alameda County Transportation Expenditure Plan, Dated August 1986
Contact Person:
Name: Kunle Odumade Jim Pierson
Title: Transportation Engineer Assistant City Engineer
Dept.: DES DES
Phone: 510-494-4746 510-494-4722
E-Mail: kodumade@ci.fremont.ca.us jpierson@ci.fremont.ca.us
RECOMMENDATION: That the City Council adopt a resolution authorizing Alameda County’s approval of Amendment No. 1 to the 1986 Alameda County Transportation Expenditure Plan. The Amendment includes the following elements:
1. Deletion of references to the Route 238 Hayward Bypass Project on Foothill Boulevard and Mission Boulevard from Industrial Parkway to I-580;
2. Addition of Hayward’s proposed Route 238/Mission - Foothill - Jackson Corridor Improvement Project;
3. Addition of the I-580/Redwood Road Interchange Project in Castro Valley;
4. Addition of the Central Alameda County Freeway System Operational Analysis;
5. Addition of the Castro Valley Local Traffic Improvement Project; and
6. Addition of Implementing Guidelines for the proposed additional projects.
2.8 CONSIDER AGENCY GRANT INCREASE FOR ROTARY BRIDGEWAY APARTMENTS OFFSITE IMPROVEMENTS
Request Council Consideration of a Grant Increase from the Redevelopment Agency to the City of Fremont for the Construction of Bay Street and Fremont Boulevard Offsite and Streetscape Improvements Required for Rotary Bridgeway Apartments Recently Constructed in the Irvington Redevelopment Project Area
Contact Person:
Name: Bill Cooper Laura Gonzalez-Escoto
Title: Housing Project Manager Redevelopment Agency Director
Dept.: OHR OHR
Phone: 510-494-4520 510-494-4501
E-Mail: bcooper@ci.fremont.ca.us lgonzalez-escoto@ci.fremont.ca.us
RECOMMENDATION: Subject to Redevelopment Agency Approval of an increase in the grant amount approved for the Tri-City Homeless Coalition to install offsite and streetscape improvements along Bay Street and Fremont Boulevard, adopt a resolution to:
1. Accept a $19,000 grant increase from the Agency that provides non-housing tax increment funds, increasing the total grant amount from $118,000 to $137,000 for the construction of street and sidewalk improvements along Bay Street and Fremont Boulevard;
2. Find that the Bridgeway Bay Street and Fremont Blvd. street improvements, consisting of rebuilt sidewalks, new landscaping and other amenities, benefit the Irvington Redevelopment Project Area by improving the pedestrian experience, which will create commercial activity and improve the environment for residents. Further, find that the street improvements will assist in the elimination of blight in the Irvington Project Area by increasing pedestrian activity, creating a more attractive streetscape, allowing a new building to be constructed on Bay Street in place of an under-utilized parcel, which will serve as affordable housing for persons and families. Also, find that no City funds are available to pay for the cost of such street improvements, as determined in the Capital Improvement Program / Integrated Capital Assets Plan, as such City funds have already been committed to other projects of higher priority; and that no developer funds are available due to the affordable nature of the project, which will not generate sufficient proceeds to pay for the street improvements; all of which is in furtherance of Redevelopment Goals and Objectives as provided in the Amended and Restated Redevelopment Plan for the Irvington Redevelopment Project (dated July 7, 1998), including Objectives #4 (promotion of pedestrian-oriented uses), #5 (improvement of safe pedestrian circulation), and #13 (development of a harmonious unified streetscape);
3. Authorize the City Manager or designee to execute an amendment to the Grant Agreement between the City and the Agency and the Street Improvement Agreement between the City and Tri-City Homeless Coalition, in an amount not to exceed $19,000, on behalf of the City and as prepared or approved by the City Attorney, for street and sidewalk improvement along Bay Street and Fremont Boulevard. Tri-City Homeless Coalition will then construct such public improvements, and the City will utilize grant funds to reimburse Tri-City Homeless Coalition for the cost of making such improvements; and
4. Authorize the City Manager or designee to take such other actions as appropriate to effectuate the intent of the amended contracts and agreements.
2.9 APPROVAL OF FINAL TRACT 7471 - 982 WASHINGTON BOULEVARD - ROBSON HOMES
Approval of Final Map and Improvement Agreement for Tract 7471 for the Construction of Public Streets (Palm Place and Washington Boulevard) and Dedication of Land and Public Easements - Tract 7471
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 Tract 7471.
2. Approving the Agreement for Public Street improvements entitled “Improvement Agreement Tract 7471,” with the developer, Robson 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.
4. Approving the Maintenance Agreement entitled “Maintenance Agreement Tract 7471,” with the developer, Robson Homes, and authorizing the City Manager to execute the agreement on behalf of the City.
2.10 APPROVAL OF FINAL TRACT 7571 - 40800 GRIMMER BOULEVARD - REGIS HOMES
Approval of Final Map and Improvement Agreement for Tract 7571 for the Construction of Public Street (Grimmer Boulevard) and Private Streets (Broadmoor Common, Westerly Common, Providence Terrace, Somerton Terrace, Kingsley Terrace, Darien Terrace, Townsend Terrace, and Greystone Terrace) and Dedication of Land and Public Easements - Tract 7571
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 Tract 7571.
2. Approving the Agreement for Public Street Improvements entitled “Improvement Agreement Tract 7571,” with the developer, Regis Homes of Northern California, Inc. and authorizing the City Manager to execute the agreement on behalf of the City.
3. Approving the Agreement for Private Street Improvements entitled “Improvement Agreement for Private Street, Tract 7571,” with the developer, Regis Homes of Northern California, Inc., and authorizing the City Manager to execute the agreement on behalf of the City.
4. Accepting the developer’s offer of dedication of land, as identified on the final map, provided that the acceptance of the offer of dedication for any public streets shall be conditioned upon the developer’s completion of improvements to the satisfaction of the City Engineer.
2.11 CONTRACT FOR ENVIRONMENTAL REVIEW CONSULTING SERVICES FOR LANDFILL CLOSURE
Consideration of Consulting Services Contract with David J. Powers and Associates to Prepare the Environmental Impact Report on the Tri-Cities Recycling and Disposal Facility (Landfill) Closure
Contact Person:
Name: Kathy Cote Kathleen Livermore
Title: Environmental Services Manager Senior Planner
Dept.: DES DES
Phone: 510-494-4583 510-494-4438
E-Mail: kcote@ci.fremont.ca.us klivermore@ci.fremont.ca.us
RECOMMENDATIONS:
1. Authorize the City Manager or designee to execute a consulting services agreement with David J. Powers and Associates for the preparation of an Environmental Impact Report on Tri-Cities Recycling and Disposal Facility closure in the amount of $170,078.
2. Approve a contingency of 20% ($34,016) to be utilized with the written authorization of the City Manager or designee.
3. CEREMONIAL ITEMS
3.1 Resolution: Honoring Fire Captain John Garza for 20 Years of Service
3.2 Presentation of a Certificate of Achievement for Excellence in Financial Reporting
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
5.1 MEASURE T IMPLEMENTATION - HILL AREA GENERAL PLAN AND ZONING CHANGES - (PLN2004-00030)
Public Hearing (Published Notice) to consider General Plan land use map changes and rezonings for various parcels in the Hill Area and along the base of the hills to: (1) adopt the Toe of the Hill line, (2) delete Development Reserve Overlay (D.R.O.) line from the zoning map, (3) redesignate and rezone all or portions of properties located above the base of the Toe of the Hill line to O-S [(Hill Face) or (Hill) Open Space] District, (4) redesignate and rezone areas now located below the TOH line from O-S [(Hill Face) Open Space] to an appropriate zoning district corresponding to surrounding land uses, to reflect changes in the alignment of the Toe of the Hill line, (5) adopt a General Plan Land Use Map entitled "Extent of Lands Affected by the 2002 Hill Area Initiative" in the General Plan Land Use Element as Figure 3-3a, and (6) adopt clarifying zoning text amendments to locate the Toe of the Hill line, in order to implement the Hill Area Initiative of 2002 (Measure T). A Negative Declaration has been prepared and circulated for this project
Contact Person:
Name: Jeff Schwob Jill Keimach
Title: Planning Director Interim DES Director
Dept: Planning Division DES
Phone: 510-494-4527 510-494-4767
E-Mail: jschwob@ci.fremont.ca.us jkeimach@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 the Draft Negative Declaration with accompanying certificate of fee exemption and find it reflects the independent judgment of the City of Fremont.
4. Find PLN2004-00030 General Plan Land Use Map Amendment (Exhibit A), 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 as enumerated within the staff report and as referenced in the Hill Area Initiative of 2002 (Appendix 2).
5. Adopt a resolution approving amendments to the General Plan land use designations for properties along and above the Toe of the Hill line in conformance with Exhibit "A" (General Plan Land Use Map Amendments).
6. Adopt a resolution approving Exhibit “D” [Map of Extent of Lands Affected by the 2002 Hill Area Initiative (Measure T)] to be inserted with the General Plan text.
7. Find the public necessity, convenience and general welfare require the adoption of the Zoning Text Amendment set forth at “Exhibit C” because the zoning text needs to comply and implement the changes to the General Plan approved by the electorate via the Hill Area Initiative of 2002 (Measure T).
8. Find the Rezonings are 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 Land Use Chapter that were enacted by the passage of Measure T (the Hill Area Initiative of 2002) on November 5, 2002.
9. Waive full reading and introduce an ordinance adopting Exhibit “B” (Rezoning Maps) and Exhibit “C” (Zoning Text Amendment).
5.2 CANYON HEIGHTS GENERAL PLAN AMENDMENT AT 40770 CANYON HEIGHTS DRIVE (PLN2005-00234)
Public Hearing (Published Notice) To Consider a City-Initiated General Plan Amendment to Change the Land Use of the 4.9 Acre Project Site from Institutional Open Space to Low Density Residential, 3-5 Units Per Acre (1.65 acres) and Hill Face Open Space (3.25 acres), and a Rezoning from Open Space to Preliminary Planned District, P-2005-234
Contact Person:
Name: Scott Ruhland Jeff Schwob
Title: Associate Planner Planning Director
Dept.: DES DES
Phone: 510-494-4453 510-494-4527
E-Mail: sruhland@ci.fremont.ca.us jschwob@ci.fremont.ca.us
RECOMMENDATIONS:
1. Hold public hearing.
2. Find the initial study conducted for the project has evaluated the potential impacts that could cause an adverse effect, either individually or cumulatively, on wildlife resources and find that there is no evidence the project would have any potential for adverse effect on wildlife resources. As a result, recommend the filing of a Certificate of Fee Exemption for the project.
3. Adopt the Draft Mitigated Negative Declaration and find that there is no substantial evidence that the project, as mitigated, will have a significant effect on the environment and further find that this action reflects the independent judgment of the City of Fremont.
4. Find that the project is in conformance with the relevant provisions contained in the City's General Plan. These provisions include the goals and policies set forth in the General Plan's Land Use as identified within the staff report.
5. Adopt a Resolution approving PLN2005-00234 to amend the General Plan land use designation for the project in conformance with Exhibit "A" (General Plan Amendment Exhibit).
6. Find PLN2005-00234, as shown on Exhibit “C” (Preliminary Planned District), fulfills the applicable requirements set forth in the Fremont Municipal Code.
7. Waive full reading and introduce an ordinance approving the rezoning as shown on Exhibit “B” (Rezoning Exhibit) and Exhibit "C" (Preliminary Planned District) for PLN2005-00234 based upon the findings and subject to the conditions of approval set forth in Exhibit "D" and Exhibit “E” (Planned District Exhibit).
6. REPORT FROM CITY ATTORNEY
6.1 Report Out from Closed Session of Any Final Action
7. REPORT FROM CITY MANAGER – None.
8. COUNCIL COMMUNICATIONS
8.1 Council Referrals
8.1.1 MAYOR WASSERMAN REFERRAL: Appointment to Integrated Waste Management Advisory Committee.
8.2 Legislation
8.2.1 Discussion of City Position on Proposed Legislation Described in the League of California Cities Priority Focus Bulletin No. 36-2005 and 37-2005. Council may direct staff to act on positions taken by Council.
Enclosures: 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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