AGENDA
FREMONT CITY COUNCIL REGULAR MEETING
DECEMBER 13, 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 – None.
2.3 UPDATE ON PACIFIC COMMONS PHASE II LANDS (PLN2005-00166)
Consideration of the Status of the Undeveloped Portion of Pacific Commons
Contact Person:
Name: Wayne Morris Jeff Schwob
Title: Associate Planner Planning Director
Dept.: Community Development Community Development
Phone: 510-494-4729 510-494-4527
E-Mail: wmorris@ci.fremont.ca.us jschwob@ci.fremont.ca.us
RECOMMENDATION: Direct staff to proceed with reentitling ProLogis’ 25 acres separate from the Economic and Land Use Study for Phase II of Pacific Commons.
2.4 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR FISCAL YEAR 2004-2005
Consideration of Approval of the Development Impact Fee Annual Report for Fiscal Year 2004-2005 and Findings Required by the Mitigation Fee Act
Contact Person:
Name: Kelly Morariu Jill Keimach
Title: Senior Management Analyst Community Development Dir.
Dept.: Community Development Community Development
Phone: 510-494-4744 510-494-4767
E-Mail: kmorariu@ci.fremont.ca.us jkeimach@ci.fremont.ca.us
RECOMMENDATION: Adopt a resolution approving the Development Impact Fee Annual Report for Fiscal Year 2004/2005, and making the findings required by the Mitigation Fee Act with respect to the Park facilities fee, namely:
1. The purpose of the park facilities fees is to fund new development’s share of the development of new recreational facilities in Fremont.
2. The reasonable relationship between the park facilities fee and the purpose for which it is charged is demonstrated in the Park Dedication in Lieu Fees and Park Facilities Fee Technical Report, dated June 2002, and all subsequent City resolutions adjusting the fee and reports supporting such resolutions, all of which are incorporated by reference.
3. The sources and amounts of funding anticipated to complete financing of future park facility projects are identified in the Five-Year (2005-2010) Capital Improvement Program and Integrated Capital Assets Plan (CIP/ICAP) adopted by the Fremont City Council June 7, 2005.
4. Approximate dates of funding for park facilities projects are identified in the Five-Year (2005-2010) Capital Improvement Program and Integrated Capital Assets Plan (CIP/ICAP) adopted by the Fremont City Council June 7, 2005.
2.5 WARM SPRINGS COMMUNITY PARK CONTRACT AWARD
Approve Plans and Specifications and Award of Construction Contract for Warm Springs Community Park Renovation, City Project 8065(PWC)
Contact Person:
Name: Mark Mennucci Roger Ravenstad
Title: Landscape Architect/Designer II Senior Landscape Architect
Dept.: Community Development Community Development
Phone: 510-494 4530 510-494 4723
E-Mail: mmennucci@ci.fremont.ca.us
E-Mail:rravenstad@ci.fremont.ca.us
RECOMMENDATIONS:
1. Approve the plans and specifications for Warm Springs Community Park, City Project No. 8065 (PWC).
2. Award the contract to the lowest responsible bidder Goodland Landscape Construction, Inc. in the amount of $1,854,741.45, and authorize the City Manager or his designee to execute a contract for the Warm Springs Community Park.
2.6 APPROVE CONTRACT FOR GEOLOGICAL INVESTIGATION WITH KLEINFELDER, INC.
Approve Contract for Geological Investigation with Kleinfelder, Inc. on the Fremont Water Play Facility, City Project Number PWC 8464
Contact Person:
Name: Roger Ravenstad Norm Hughes
Title: Senior Landscape Architect City Engineer
Dept.: Community Development Community Development
Phone: 510-494-4723 510-494-4748
E-Mail: rravenstad@ci.fremont.ca.us nhughes@ci.fremont.ca.us
RECOMMENDATION: Award a contract and authorize the City Manager or his designee to execute a service agreement with Kleinfelder, Inc., for Geological Investigation in an amount not to exceed $140,000.
2.7 DELEGATION OF AUTHORITY TO CITY MANAGER DURING COUNCIL RECESS
Delegation of Authority to City Manager during Council Recess, December 21, 2005 through January 9, 2006
Contact Person:
Name: Renee Elliott Christine Daniel
Title: 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: 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 execute the Amendment No. 2 to Service Agreement, On Call Surveying Services Contract #Survey 01-1, to add an amount of $100,000 for on-call surveying services, which will increase the total professional service agreement to an amount not to exceed $299,000.00.
2. Authorize the City Manager or designee to approve contract change orders exceeding 20% of the contract amount if there are sufficient existing budget appropriations.
2.8 DEFERRED IMPROVEMENT AGREEMENT - 35724 LINDA DRIVE
Approval of Deferred Improvement Agreement for Timoteo and Aracely Reyes at 35724 Linda Drive; Planning File: PLN2005-00267, Building Permit No.: BLD2005-06583, APN 507-0045-045-01
Contact Person:
Name: Marty Wayne Norm Hughes
Title: Associate Civil Engineer City Engineer
Dept.: DES DES
Phone: 510-494-4472 510-494-4748
E-Mail: mwayne@ci.fremont.ca.us nhughes@ci.fremont.ca.us
RECOMMENDATION: Authorize the City Manager to execute the Deferred Improvement Agreement on behalf of the City for deferral of the street improvement requirements for 35724 Linda Drive.
2.9 DEFERRED IMPROVEMENT AGREEMENT - 35815 LINDA DRIVE
Approval of Deferred Improvement Agreement for Rosendo and Efie Leyva at 35815 Linda Drive; Planning File: PLN2005-00352, Building Permit No.: BLD2005-08085, APN 507-0045-018-00
Contact Person:
Name: Marty Wayne Norm Hughes
Title: Associate Civil Engineer City Engineer
Dept.: DES DES
Phone: 510-494-4472 510-494-4748
E-Mail: mwayne@ci.fremont.ca.us nhughes@ci.fremont.ca.us
RECOMMENDATION: Authorize the City Manager to execute the Deferred Improvement Agreement on behalf of the City for deferral of the street improvement requirements for 35815 Linda Drive.
2.10 BELL MANOR PROJECT - GENERAL PLAN AMENDMENT AND REZONING 38853 & 38871 BELL STREET - PLN2005-00155
Public Hearing (Published Notice) to Consider a General Plan Amendment to Change the Land Use Designation of Two (2) Parcels of Land Totaling 0.86 Acres from Medium Density Residential 18-23 du/ac to High Density Residential 23-27 du/ac and a Rezoning of the Site from R-G-24, Garden Apartment Residence District, to R-3-27, Multi-Family Residence District
Contact Person:
Name: Wayne Morris Jeff Schwob
Title: Associate Planner Planning Director
Dept.: Community Development Community Development
Phone: 510-494-4729 510-494-4527
E-Mail: wmorris@ci.fremont.ca.us jschwob@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 effects on wildlife resources. As a result, approve the filing of a Certificate of Fee Exemption for this project.
3. Adopt the Mitigated Negative Declaration finding 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. Approve the Mitigation Monitoring Plan for the project.
5. 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 Land use and Housing Chapters as enumerated within the staff report.
6. Adopt a resolution approving PLN2005-00155 to amend the General Plan land use designation for the project from Medium Density Residential 18-23 du/ac to High Density Residential 23-27 du/ac, in conformance with Exhibit “A” (General Plan Amendment Exhibit).
7. Waive full reading and introduce an Ordinance rezoning the subject property from R-G-24, Garden Apartment Residence District, to R-3-27, Multi-Family Residence District, in conformance with Exhibit “B” (Rezoning Exhibit).
2.11 WARM SPRINGS VILLAGE PLANNED DISTRICT AT 48921-48979 WARM SPRINGS BOULEVARD AND 48923-48999 AND 48887 KATO ROAD (PLN2005-00292)
Public Hearing (Published Notice) to Consider a Rezoning from R-3-15, R-3-23 and R-3-27 to Planned District, P-2005-292, for the Development of 95 Townhomes/Flats, 105 High-Density Condominiums, 142 Detached Townhomes, Landscaping, Private Open Space and Circulation Improvements Located in the Industrial Planning Area. A Mitigated Negative Declaration, PLN2004-00272, was Previously Circulated and Adopted for this Project
Contact Person:
Name: Scott Ruhland Jeff Schwob
Title: Associate Planner Planning Director
Dept.: Community Development Community Development
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 and Mitigated Negative Declaration previously circulated and adopted for the General Plan re-designation and rezoning, PLN2004-00272, 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.
3. Find that the Mitigated Negative Declaration previously circulated and adopted for the General Plan re-designation and rezoning, PLN2004-00272, adequately addresses potential impacts arising from the proposed project and that the identified mitigation measures will reduce potential impacts to less than significant levels. Further, find that this action reflects the independent judgment of the City of Fremont.
4. Approve the Mitigation Monitoring Plan for Warm Springs Village (PLN2005-00292).
5. 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 Housing and Land Use Chapters as enumerated within the staff report.
6. Find PLN2005-00292, as per Exhibit “B” (Preliminary and Precise site plan, floor plans, elevations and landscape plans), fulfills the applicable requirements set forth in the Fremont Municipal Code; and further recommend that the City Council find that the requested deviations from the City’s private vehicle access ways (PVAW’s), guest parking requirements, and other standards, are justified for the reasons set forth in the staff report and in Finding No. 4.
7. Accept as complete:
• Exhibit 1 - Professional Team Endorsement
• Exhibit 2 - Property Owner Consent Letter
• Exhibit 3 - Property Description
8. Waive full reading and introduce an ordinance approving the rezoning as shown on Exhibit “A” (Zoning Exhibit) and Exhibit "B" Sheet(s) SP1-7, L1-8, D1-23, A1-20, P1-14 and R1 (Preliminary and Precise site plan, floor plans, elevations and landscape plans) and Exhibit "E" (material color and sample board) for PLN2005-00292, based upon the findings and subject to the conditions of approval set forth in Exhibit "C".
2.12 PUBLIC HEARING FOR FY 2005-2006 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTION PLAN AMENDMENTS
Public Hearing (Published Notice) on the Use of Community Development Block Grant (CDBG) Funds for Proposed and Revised Capital Projects and Approval of FY 2005-2006 Action Plan Amendments
Contact Person:
Name: Arquimides Caldera Dan Schoenholz
Title: CDBG Administrator Deputy Director
Dept.: Human Services Human Services
Phone: 510-574-2056 510-574-2048
E-Mail: acaldera@ci.fremont.ca.us dschoenholz@ci.fremont.ca.us
RECOMMENDATIONS:
1. Hold public hearing on the proposed FY 2005-2006 Action Plan Amendments.
2. Adopt a resolution approving and authorizing the City Manager or designee to submit the Amended FY 2005-06 Action Plan.
3. Redirect $100,000 in FY 2003-04 CDBG funds and $250,000 in FY 2004-05 CDBG funds and authorize the City Manager or designee to execute contract amendments with Tri-City Health Center, effective December 14, 2005, as recommended by the Citizens Advisory Committee and staff and described in this report.
4. Appropriate $30,717 in FY 05-06 CDBG funds to PWC # 105-8632 for the Roberts Ave. Sidewalk Repair project.
5. Appropriate $27,561 in FY 05-06 CDBG funds to PWC # 105-8633 for the California School for the Blind Median Repair Project.
2.13 REZONING OF ONE PARCEL ON MOWRY AVENUE - HUBVIEW HOMES (PLN2005-00349)
Public Hearing (Published Notice) to Consider a Rezoning from R-G-16 to R-3-35, Multi-Family Residence District for Property Located at 3645 Mowry Avenue in the Central Planning Area
Contact Person:
Name: Terry Wong Jeff Schwob
Title: Planner II Planning Director
Dept.: Community Development Community Development
Phone: 510-494-4456 510-494-4527
E-Mail: twong@ci.fremont.ca.us jschwob@ci.fremont.ca.us
RECOMMENDATIONS:
1. Hold public hearing.
2. Find that 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 Mitigation Monitoring Plan (MMP), and find it reflects the independent judgment of the City of Fremont.
4. Find PLN2005-00349 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 and Housing Element Chapters as enumerated within the staff report.
5. Waive full reading and introduce an ordinance rezoning the subject property from R-G-16 to R-3-35 in conformance with Exhibit “A” (Rezoning Exhibit.)
2.14 APPROPRIATION OF FUNDS FOR COMPLETION OF NEW MAINTENANCE CENTER
Appropriation of Funds to Facilitate Completion of New Maintenance Center, Project #PWC 8038, in the Amount of $472,000
Contact Person:
Name: Thomas Theobald Norm Hughes
Title: Project Manager City Engineer
Dept.: Community Development Community Development
Phone: 510-979-5714 510-494-4748
E-Mail: ttheobald@ci.fremont.ca.us nhughes@ci.fremont.ca.us
RECOMMENDATION: Appropriate $313,000 from Fund 502 (Police Building Bond proceeds), $40,000 from interest earned on Maintenance Center bond proceeds and $119,000 from Fund 501 PWC 7101 (Appropriated Reserve) to PWC 8038 for completion of the Maintenance Center.
3. CEREMONIAL ITEMS
3.1 Helen Putnam Award for Excellence in Housing Programs and Innovations presented by a representative from the League of California Cities
3.2 Resolution: Honoring Redevelopment Director Laura Gonzalez-Escoto Upon Her Retirement
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 SOLID WASTE COLLECTION AND DISPOSAL RATES FOR 2006 AND 2007
Adopt Resolutions Setting the Integrated Waste Management Collection and Disposal Fees for 2006 and 2007
Contact Person:
Name: Ken Pianin Kathy Cote
Title: Solid Waste Manager Environmental Services Mgr.
Dept.: Environmental Services Environmental Services
Phone: 510-494-4582 510-494-4583
E-Mail: kpianin@ci.fremont.ca.us kcote@ci.fremont.ca.us
RECOMMENDATIONS:
1. Adopt resolution setting disposal fees at Tri-Cities Recycling and Disposal Facility Landfill effective January 1, 2006, as shown in enclosure A of this report.
2. Adopt resolution setting disposal fees at Altamont Landfill for January 1, 2006 through December 31, 2007, as shown in enclosure B of this report.
3. Adopt resolution setting the solid waste collection rates for January 1, 2006 through December 31, 2007, as shown in enclosure C of this report.
4. Appropriate $2,000,000 of the IWM Fund fund balance to the FY 2005/06 IWM operating budget to pay for the disposal differential.
6. REPORT FROM CITY ATTORNEY
6.1 Report Out from Closed Session of Any Final Action
7. REPORT FROM CITY MANAGER
7.1 NILES TOWN PLAZA CONCEPTUAL DESIGN
Consideration and Approval of the Proposed Conceptual Design and Design Features for the Niles Town Plaza
Contact Person:
Name: Luke Connolly Laura Gonzalez-Escoto
Title: Project Manager Redevelopment Agency Dir.
Dept.: Redevelopment Agency Redevelopment Agency
Phone: 510-494-4513 510-494-4501
E-Mail: lconnolly@ci.fremont.ca.us
E-Mail: lgonzalez-escoto@ci.fremont.ca.us
RECOMMENDATION: Direct staff to move forward with the implementation of the Niles Town Plaza Conceptual Design Plan.
7.2 RESOLUTION OF INTENTION TO SELL CANYON HEIGHTS PROPERTY
Consideration of a Resolution of Intention to Sell 4.9 Acres of Real Property at 40770 Canyon Heights Drive
Contact Person:
Name: Kelly Morariu Jill Keimach
Title: Senior Management Analyst | 
