AGENDA
FREMONT CITY COUNCIL REGULAR MEETING
JULY 25, 2006
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 Meeting of June 13, 2006, the Special Work Session of June 26, 2006, and the Regular Meeting of June 27, 2006.
2.3 Second Reading of an Ordinance Amending Fremont Municipal Code Section 2-1402 Regarding Independent Expenditure Campaign Committees
RECOMMENDATION: Adopt ordinance.
2.4 Second Reading of an Ordinance Amending the General Plan Land Use Designation of Ten Parcels on the Western Half of the Block Bounded by Bryant Street between Anza Street and Grove Avenue from “Community Commercial” to “Medium Density Residential 6.5 to 10 Dwelling Units Per Acre,” and Extending the Mission San Jose Neighborhood Conservation Overlay Area to Include the Subject Property
RECOMMENDATION: Adopt ordinance.
2.5 Second Reading of an Ordinance Amending Chapter 2, Title VIII of the Fremont Municipal Code by Rezoning a Four Acre Portion of the 9.8 Acre Site at 40230 Laiolo Road in the Irvington Planning Area from R-16 (Single Family Residential District to P-2006-173 (Preliminary Planned) District
RECOMMENDATION: Adopt ordinance.
2.6 Second Reading of an Ordinance Amending Fremont Municipal Code Title VII, Chapter 2, Zoning, by Adding a Definition for Medical Marijuana Dispensaries and Further Prohibiting the Establishment of Medical Marijuana Dispensaries within the City of Fremont
RECOMMENDATION: Adopt ordinance.
2.7 DELEGATION OF AUTHORITY TO CITY MANAGER DURING COUNCIL RECESS
Delegation of Authority to City Manager during Council Recess, July 26, 2006 through September 4, 2006
Contact Person:
Name: Dawn Abrahamson Melissa Stevenson Dile
Title: City Clerk Deputy City Manager
Dept.: City Clerk’s Office City Manager’s Office
Phone: 510-284-4063 510-284-4005
E-Mail: dabrahamson@ci.fremont.ca.us mdile@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: (1) approve plans and specifications for the Liquefaction Remediation - Fremont Fire Station #6 Site, City Project No. 8531 (PWC), (2) accept the bid of, and award contract to, the lowest responsible bidder or reject all bids, and (3) execute the contract on behalf of the City.
2. Authorize the City Manager or designee to: (1) approve plans and specifications for Senior Center HVAC, City Project No. 8393/8394 (PWC), (2) accept the bid of, and award contract to, the lowest responsible bidder or reject all bids, and (3) execute the contract on behalf of the City.
3. Pending Citizens Advisory Committee recommendation: (1) authorize the City Manager or designee to appropriate $17,000 in unallocated FY 2006-07 CDBG funding for the Walnut Avenue median improvement adjacent to the California School for the Blind (City Project No. PWC 8633), to fund 105 PWC 8633, (2) approve the plans and specifications for the project, (3) accept Sposeto Engineering, Inc.’s lowest responsible bid of $113,215 and award the construction contract, (4) authorize the City Manager or his designee to execute the contract on behalf of the City, and (5) authorize the City Manager to execute necessary administrative actions to amend the FY 2006-07 Action Plan.
4. Pending Citizens Advisory Committee recommendation: (1) authorize the City Manager or designee to appropriate $19,000 in unallocated FY 2006-07 CDBG funding to the City of Fremont Senior Center Project (City Project No. PWC 8630), to fund 105 PWC 8630, and (2) authorize the City Manager to execute necessary administrative actions to amend the FY 2006-07 Action Plan. The current FY 2006-07 CDBG fund balance is $71,811. Once recommended actions are completed, the remainder balance will be $35,811.
5. Authorize the City Manager or designee to execute the final amendment to the contract for FY 2005-06.
2.8 2006 ASPHALT OVERLAY, 8234-D (PWC)
Approval of Plans and Specifications and Award of Contract to Lowest Responsible Bidder for 2006 Asphalt Overlay, 8234-D (PWC)
Contact Person:
Name: Jayson Imai Norm Hughes
Title: Associate Civil Engineer City Engineer
Dept.: Community Development Community Development
Phone: 510- 494-4732 510-474-4748
E-Mail: jimai@ci.fremont.ca.us nhughes@ci.fremont.ca.us
RECOMMENDATIONS:
1. Approve the plans and specifications for 2006 Asphalt Overlay, 8234-D (PWC).
2. Waive a minor irregularity, and accept the bid and award the construction contract for 2006 Asphalt Overlay, 8234-D (PWC) to the lowest responsible bidder, Granite Construction Company, for the Base Bid plus Alternate Bid Item No. 1 in the amount of $3,582,180.95 and authorize the City Manager or designee to execute the contract.
2.9 SETTING THE GENERAL OBLIGATION BOND 2006/07 TAX RATE
Annual Tax Rate for Voter-Approved General Obligation Bond Debt Service for Fiscal Year 2006/07
Contact Person:
Name: Gloria del Rosario Harriet Commons
Title: Revenue &Treasury Manager Director
Dept.: Finance Finance
Phone: 510-494-4635 510-284-4010
E-Mail: gdelrosario@ci.fremont.ca.us hcommons@ci.fremont.ca.us
RECOMMENDATIONS:
1. Establish the tax rate of $0.00440 per $100 of assessed valuation (0.00440%) for the fiscal year 2006/07.
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.
2.10 APPROVAL OF FINAL TRACT 7666 AT 37010 DUSTERBERRY WAY BY SUMMERHILL DUSTERBERRY LLC
Approval of Final Map, Improvement Agreements for Construction of Public Streets (Dusterberry Way and Hansen Avenue) and Private Streets (Soapberry Common and Planetree Common), and Dedication of Land and Public Easements for Tract 7666
Contact Person:
Name: Edric Kwan Norm Hughes
Title: Associate Civil Engineer City Engineer
Dept.: Community Development Community Development
Phone: 510-494-4768 510-494-4748
E-Mail: ekwan@ci.fremont.ca.us nhughes@ci.fremont.ca.us
RECOMMENDATION: Adopt a resolution:
1. Approving the final map and the improvement plans for Tract 7666.
2. Approving the Agreement for Public Street Improvements entitled “Improvement Agreement Tract 7666,” with the developer, SummerHill Dusterberry LLC 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 7666,” with the developer, SummerHill Dusterberry LLC 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 RECREATION COMMISSION REFERRAL - RECOMMENDATION FOR PUBLIC ART PROJECT-FIRE STATION #6
Recreation Commission Referral - Public Art Projects for Fire Station #6 - Centerville (PWC 8531)
Contact Person:
Name: Chuck Canada Annabell Holland
Title: Recreation Deputy Director Director
Dept.: Parks and Recreation Parks and Recreation
Phone: 510-494-4328 510-494-4329
E-Mail: ccanada@ci.fremont.ca.us aholland@ci.fremont.ca.us
RECOMMENDATION: Staff recommends that the City Council approve the selection of Michael Clapper to provide the public art component for Fire Station #6 as recommended by the Recreation Commission and Art Review Board and authorize the City Manager, or designee, to enter into a $47,200 agreement with the artist.
2.12 APPROVAL OF AGREEMENT WITH SANTA CLARA VALLEY TRANSPORTATION AUTHORITY RELATING TO THE SILICON VALLEY RAPID TRANSIT CORRIDOR PROJECT AND THE WASHINGTON BOULEVARD/PASEO PADRE PARKWAY GRADE SEPARATION PROJECT
Approval of Three Agreements with the Santa Clara Valley Transportation Authority (VTA) Relating to Construction of the Silicon Valley Rapid Transit Corridor Project (the BART Extension to Silicon Valley) within Fremont and VTA Property Rights Required By the City for the Washington Boulevard/Paseo Padre Parkway Grade Separation Project (PWC 8156)
Contact Person:
Name: Jim Pierson
Title: Director
Dept.: Transportation and Operations
Phone: 510-494-4722
E-Mail: jpierson@ci.fremont.ca.us
RECOMMENDATION: Authorize the City Manager or his designee to execute the following three agreements with the Santa Clara Valley Transportation Authority relating to construction of the Silicon Valley Rapid Transit Corridor Project within Fremont and VTA property rights required by the City for the Washington Boulevard/Paseo Padre Parkway Grade Separation Project (PWC 8156):
1. Permit Fee Waiver Agreement
2. Agreement for Right of Entry to Construct Grade Separation Project and for Purchase and Sale of Real Property
3. Cooperative Agreement for Temporary Construction Easements and Kato Road Improvements
2.13 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 2006/2007 Secured Property Tax Bill
Contact Person:
Name: Joan A. Borger Harvey E. Levine
Title: Assistant City Attorney City Attorney
Dept.: City Attorney’s Office City Attorney’s Office
Phone: 510-284-4034 510-284-4032
E-Mail: jborger@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.
2.14 CONTRACT FOR PUBLIC HEALTH PROMOTER PROJECT
Authorization to Contract with Alameda County Public Health Department for the Health Promoter Project and to Subcontract a Portion of the Work to the Afghan Elderly Association, a Non Profit Organization
Contact Person:
Name: Suzanne Shenfil
Title: Director
Dept.: Human Services
Phone: 510-574-2051
E-Mail: sshenfil@ci.fremont.ca.us
RECOMMENDATIONS:
1. Authorize the City Manager or designee to enter into a contract with the Alameda County Public Health Department in the amount of $159,000 for the Health Promoter Project and to enter into a sub-contract with the Afghan Elderly Association in the amount of $102,718.
2. Appropriate $159,000 to Fund 525 (Miscellaneous State/County Grants) for fiscal year 2006/07.
3. Appropriate $50,000 from a private donor currently being held in account #1865326 for this project.
2.15 AMENDMENT TO TEAMSTERS LOCAL 856 MOU
Adoption of a 2.9% Cost of Living Adjustment for Employees Represented by Teamsters Local 856, in Accordance with the Provisions of the 2005-2007 Memorandum of Understanding between the City and Teamsters Local 856
Contact Person:
Name: Kathy Ito
Title: Labor Relations Officer
Dept.: Human Resources
Phone: 510-494-4664
E-Mail: kito@ci.fremont.ca.us
RECOMMENDATION: Adopt a resolution approving a cost of living adjustment of 2.9% for employees represented by Teamsters Local 856, and authorize the City Manager to execute and implement the terms and conditions of said resolution.
2.16 LOGITECH AGREEMENT FOR USE OF THE PUBLIC RIGHT OF WAY
Authorization to Execute an Agreement with Logitech Incorporated Regarding Private Data Cables Underneath Kaiser Drive
Contact Person:
Name: Daniel Chiu Norm Hughes
Title: Civil Engineer - II City Engineer
Dept.: Community Development Community Development
Phone: 510-494-4755 510-494-4700
E-Mail: dchiu@ci.fremont.ca.us nhughes@ci.fremont.ca.us
RECOMMENDATIONS:
1. Find that a franchise, license or special permit is not required for this use of the public right of way.
2. Authorize the City Manager or his designee to execute an agreement with Logitech for use of the public right of way that substantially conforms to the agreement attached as Exhibit A.
2.17 BENTON SUMMARY VACATION (PLN2006-00321)
Public Hearing (Published Notice) to Consider a Summary Vacation (PLN2006-00321) of (i) Emergency Vehicle Access Easements; and, (ii) Public Utility Easements Located at 39410 Civic Center Drive in the Central Planning Area
Contact Person:
Name: Clifford Nguyen Jeff Schwob
Title: Planner II Planning Director
Dept.: Community Development Community Development
Phone: 510-494-4769 510-494-4527
E-Mail: cnguyen@ci.fremont.ca.us jschwob@ci.fremont.ca.us
RECOMMENDATIONS:
1. Hold public hearing.
2. Find Summary Vacation PLN2006-0321 exempt from CEQA per Section 15305 because the vacation is a minor alteration in land use limitations that does not result in any land use or density changes.
3. Find Summary Vacation PLN2006-00321, as depicted and described on Exhibit "A," is in conformance with the General Plan for the reasons stated in the body of this report.
4. Find Summary Vacation PLN2006-00321, as depicted and described on Exhibit "A," for the reasons stated in the body of this report fulfills the applicable criteria for summary vacation and that the easements to be vacated would not be useful as a non-motorized transportation facility.
5. Adopt a Resolution including the findings referenced above, vacating the easements as depicted and described on Exhibit "A," subject to the dedication of new easements as depicted in Exhibit "B."
6. Direct that the City Engineer notify the City Clerk, after the condition specified in Recommendation 5 has been satisfied, to record the Resolution of Vacation for PLN2006-00321 with the Alameda County Recorder, returning a copy of the recorded Resolution to the Planning and Engineering Divisions of the Community Development Department for their respective files.
3. CEREMONIAL ITEMS
3.1 Proclamation: Festival of the Arts Week, July 31 – August 6, 2006
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
7. REPORT FROM CITY MANAGER
7.1 RESOLUTION TO PROMOTE SUSTAINABLE BUILDING AND LANDSCAPING PRACTICES
Adopt Resolution Encouraging Sustainable Building and Landscaping Practices and Requiring LEEDTM Certification on New City Buildings Larger than 10,000 Square Feet where the Payback Period is 15 Years or Less
Contact Person:
Name: Dan Schoenholz Jill Keimach
Title: Policy & Special Projects Manager Director
Dept.: Community Development Community Development
Phone: 510-494-4438 510-494-4767
E-Mail: dschoenholz@ci.fremont.ca.us jkeimach@ci.fremont.ca.us
RECOMMENDATIONS:
1. Adopt a resolution encouraging sustainable building and landscaping practices and requiring new City of Fremont buildings over 10,000 square feet to obtain LEED™ certification at the Silver level or higher.
2. Direct staff to conduct an audit of construction and demolition debris and to return to Council with the results along with recommendations regarding the need for a mandatory debris-recycling ordinance.
7.2 HEARING ON EMINENT DOMAIN-WASHINGTON BOULEVARD/PASEO PADRE PARKWAY GRADE SEPARATION PROJECT (PWC8156)
Hearing on Eminent Domain-Washington Boulevard/Paseo Padre Parkway Grade Separation Project (PWC8156) to Acquire Property Owned by Betchart, Smith & Platten Located at 41655 Osgood Road
Contact Person:
Name: Randy Sabado Jim Pierson
Title: Real Property Manager Director
Dept.: Community Development Transportation and Operations
Phone: 510-494-4715 510-494-4722
E-Mail: rsabado@ci.fremont.ca.us jpierson@ci.fremont.ca.us
RECOMMENDATIONS:
1. Conduct a hearing.
2. Adopt a Resolution of Necessity making the above findings, and determine that the public interest and necessity requires the acquisition of the specified easement interests in the subject property, and authorize the commencement of eminent domain proceedings.
7.3 CIVIC CENTER KNOLL AMPHITHEATER FEASIBILITY STUDY
Civic Center Knoll Amphitheater Feasibility Study
Contact Person:
Name: Annabell Holland
Title: Director
Dept.: Parks and Recreation
Phone: 510-494-4329
E-Mail: aholland@ci.fremont.ca.us
RECOMMENDATIONS:
1. Name the new Pavilion the “Performance Pavilion,” and
2. Direct staff to implement a fee structure for rental of the new Performance Pavilion; and
3. Report back in 18 months regarding the success of programming at the Performance Pavilion.
7.4 MEASURE B EXPENDITURE PLAN AMENDMENT NO. 2 (OPTION 2 EAST-WEST CONNECTOR PROJECT) (FORMERLY ROUTE 84 OPTION 2)
Adopt a Resolution Authorizing the City of Fremont's Approval of Amendment No. 2 (Option 2 East-West Connector Project between I-880 and Mission Boulevard in Fremont and Union City) to the Alameda County Transportation Expenditure Plan, Dated August 1986
Contact Person:
Name: Kunle Odumade Jim Pierson
Title: Transportation Engineer Director
Dept.: Transportation & Operations Transportation & Operations
Phone: 510-494-4746 510-494-4722
E-Mail: kodumade@ci.fremont.ca.us jpierson@ci.fremont.ca.us
RECOMMENDATION: Adopt a resolution authorizing Alameda County’s approval of Amendment No. 2 to the 1986 Alameda County Transportation Expenditure Plan including the following elements:
1. Delete the Route 238 and Route 84 Project as amended by Amendment No. 1 to the 1986 Expenditure Plan from the Essential Transportation Project List in the Expenditure Plan;
2. Add the Route 238 (Mission Boulevard) Improvements Project - Hayward Segment to the Essential Transportation Project List in the Expenditure Plan;
3. Add the Route 238 (Mission Boulevard) Improvements Project - Union City Segment to the Essential Transportation Project List in the Expenditure Plan;
4. Add the Route 238 (Mission Boulevard) Improvements Project - Fremont Segment to the Essential Transportation Project List in the Expenditure Plan; and
5. Add the I-880 to Route 238 (Mission Boulevard) Option 2 East-West Connector Project to the Essential Transportation Project List in the Expenditure Plan.
8. COUNCIL COMMUNICATIONS
8.1 Council Referrals
8.1.1 MAYOR WASSERMAN REFERRAL: Referral Concerning Utility Users Tax Ballot Argument Language
8.1.2 REFERRAL FROM COUNCILMEMBER WIECKOWSKI: Consider Directing Staff to Prepare an Amendment to the Campaign Contribution Ordinance that would Modify the Dollar Limit for Individual Contributions
8.1.3 MAYOR WASSERMAN REFERRAL: Appointments to the Youth Advisory Commission
8.1.4 MAYOR WASSERMAN REFERRAL: Appointments to the Library Advisory Commission
8.2 Legislation
8.2.1 Discussion of City Position on Proposed Legislation Described in the League of California Cities Priority Focus Bulletin No. 27-2006 and 28-2006. 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
|
