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City Council Regular Meeting Agenda & Minutes 12/05/06

Tuesday, December 5, 2006


City Council Members

Meeting Location

Bob Wasserman - Mayor
Bob Wieckowski
 - Vice Mayor
Steve Cho
Dominic Dutra
Anu Natarajan

(Bill Harrison will begin his term as Councilmember during this meeting)

(Anu Natarajan will begin her term as Councilmember during this meeting)

City Council Chambers
3300 Capitol Avenue 
7 p.m.


AGENDA

FREMONT CITY COUNCIL REGULAR MEETING

DECEMBER 5, 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.       CEREMONIAL ITEMS

 

2.1     CERTIFICATION OF ELECTION

Certification of the General Municipal Election of

November 7, 2006

  

Contact Person:

Name: Dawn G. Abrahamson                    Melissa Stevenson Dile

Title:   City Clerk                                   Deputy City Manager

Dept.: City Clerk                                   City Manager

Phone: 510-284-4063                            510-284-4005

E-Mail: dabrahamson@ci.fremont.ca.us     

E-Mail: mdile@ci.fremont.ca.us

 

RECOMMENDATIONS:

1.  Receive the Official Canvass of the General Municipal Election, November 7, 2006, that will be provided on December 5, 2006 by the Alameda County Registrar of Voters.

2.  Adopt a resolution declaring the results of the election.

 

2.2     Recognition of and Comments by Outgoing Councilmember

 

2.3     Oath of Office and Installation of Newly Elected Councilmembers

  

2.4     Comments by Newly Elected Councilmembers

  

2.5     Reception in Council Chambers for Outgoing and

         Incoming Elected Officials

(30 minutes approx.)

  

3.       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.

  

3.1     Motion to Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.)

  

3.2     Approval of Minutes – None.

  

3.3     ARCHITECT SELECTION AND CONTRACT AWARD FOR FIRE SAFETY

         BOND PROJECTS

Authorization of City Manager to Execute a Contract with Leach Mounce Architects in an Amount Not to Exceed $374,200 for Comprehensive Design Services for Police Dept. Indoor Firing Range

 

Contact Person:

Name: Michael Ma                            Norm Hughes

Title:   Project Manager                    City Engineer

Dept.: Community Development          Community Development

Phone: 510-494-4750                       510-494-4748

E-Mail: mma@ci.fremont.ca.us            nhughes@ci.fremont.ca.us

  

RECOMMENDATIONS:

1.  Authorize City Manager to execute a contract with Leach Mounce Architects for comprehensive design services in an amount of $374,200.

2.  Appropriate funds from the Fire Safety Bond revenue fund (213) to the Police Training Facility project: PWC8557.

  

3.4     MULTIPURPOSE SENIOR SERVICES PROGRAM CONTRACT

         AMENDMENT

Resolution Authorizing the City Manager to Execute a FY 2006/07 Contract Amendment with the California Department on Aging for the Multipurpose Senior Services Program

  

Contact Person:

Name: Mary Anne Mendall                  Suzanne Shenfil

Title:   Administrator                         Director

Dept.: Human Services                      Human Services

Phone: 510-574-2062                       510-574-2051

E-Mail: mamendall@ci.fremont.ca.us    sshenfil@ci.fremont.ca.us

  

RECOMMENDATION: Adopt and forward to the State a resolution authorizing the City Manager or designee to execute a contract amendment with the California Department on Aging to increase the FY 2006/07 budget for the Multipurpose Senior Services Program from $230,336 to $261,385; and appropriate an additional $31,049 to Fund 141.

  

3.5     WASHINGTON BOULEVARD/PASEO PADRE PARKWAY GRADE SEPARATION PROJECT - APPROVAL OF AMENDMENT TO UTILITY AGREEMENT

Authorization for the City Manager to Execute an Amendment to the Utility Agreement with the City and County of San Francisco Public Utilities Commission to Reimburse the City for Work Being Added to the City's Ongoing Washington Boulevard/Paseo Padre Parkway Grade Separation Earthwork Contract

  

Contact Person:

Name: Jim Pierson

Title:   Director

Dept.: Transportation & Operations

Phone: 510-494-4722

E-Mail: jpierson@ci.fremont.ca.us

 

RECOMMENDATION: Authorize the City Manager or his designee to execute an Amendment to the Utility Agreement with the City and County of San Francisco Public Utilities Commission in an amount up to $600,000 to reimburse the City for work to be added to the City's ongoing Washington Boulevard/Paseo Padre Parkway Grade Separation Earthwork Contract.

  

3.6     ARCO-STEVENSON - 5012 STEVENSON BOULEVARD

         (PLN2006-00334)

Public Hearing (Published Notice) to Consider a General Plan Amendment to Change the General Plan Land Use Designation for Study Area 2, from Residential Low Density (5-7 Dwelling Units per Acre) to Commercial Thoroughfare and Update of General Plan Study Areas Table 3-8 of the Land Use Chapter

 

Contact Person:

Name: Scott Plambaeck                    Jeff Schwob

Title:   Associate Planner                   Planning Director

Dept.: Community Development          Community Development

Phone: 510-494-4437                       510-494-4527

E-Mail: splambaeck@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 effect on wildlife resources.

3.  Adopt a Negative Declaration finding that the initial study considered all impacts related to the proposed project, and that no new impacts will result from this development. Further recommend the use of Certificate of Fee Exemption. Finally find these actions reflect the independent judgment of the City of Fremont.

4.  Find the proposed General Plan Amendment for 5012 Stevenson Boulevard and Table 3-8 update is in conformance with the relevant provisions of the City's existing General Plan, constitutes a suitable and logical change in the plan for the physical development of Fremont, and is in the public interest. These provisions include the designations, goals, and policies set forth in the General Plan's Land Use Chapter 3 as enumerated within the staff report.

5.  Adopt a resolution amending the General Plan land use designation from Residential Low (5-7 dwelling units per acre) to Commercial Thoroughfare for the project site at 5012 Stevenson Boulevard in conformance with Exhibit "B" (General Plan Land Use Amendment Exhibit), and updating the General Plan Study Areas Table 3-8 in conformance with Exhibit "C" (Table 3-8 Update Exhibit).

 

4.       PUBLIC COMMUNICATIONS

 

4.1     Written Communications – None.

 

4.2     Oral Communications

  

REDEVELOPMENT AGENCY – None.

  

PUBLIC FINANCING AUTHORITY – None.

 

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

  

5.       SCHEDULED ITEMS

 

5.1     CIVIC PARKS – CENTRAL BUSINESS DISTRICT - FOCUS AREA 

         (PLN2007-00084)

Public Hearing (Published Notice) to Consider a General Plan Amendment, Parks and Recreation Master Plan Amendment and Central Business District Concept Plan Amendment to Allow for the Potential Development of Civic Parks within the Focus Area of the Central Planning Area

 

Contact Person:

Name: Wayne Morris                    Jeff Schwob

Title:   Senior 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 effect on wildlife resources. As a result, approve the filing of a certificate of Fee Exemption for this project.

3.  Adopt the 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.  Find that the Central Business District Concept Plan Amendment is in conformance with the relevant goals contained in the Central Business District Concept Plan and as enumerated within the staff report. These goals include Concept Plan Goal 1: Create a recognizable and memorable Downtown which people can take pride in, and to which people want to go; Concept Plan Goal 2: Create a Downtown comprised of a mix of land uses; and  Concept Plan Goal 4: Improved amenities for pedestrians in the Downtown focus area.

5.  Adopt a resolution approving PLN2005-00256 to amend the General Plan in conformance with Exhibit "B" (General Plan Amendment Exhibit).

6.  Adopt a resolution approving PLN2005-00256 to amend the Parks and Recreation Master Plan in conformance with Exhibit "C" (Parks and Recreation Master Plan Amendment Exhibit).

7.  Adopt a resolution approving PLN2005-00256 to amend the Central Business District Concept Plan in conformance with Exhibit "D" (Central Business District Concept Plan Amendment Exhibit).

8.  Approve the Civic Park Design Concept for the SummerHill project as per Exhibit "E."

 

5.2     SUMMERHILL WALNUT AVENUE PROJECT – CENTRAL BUSINESS DISTRICT – 3651 WALNUT AVENUE (PLN2005-00256)

Public Hearing (Published Notice) to Consider a General Plan Land Use Amendment for a Civic Park, Precise Planned District, Finding for Site Plan and Architectural Approval, Vesting Tentative Tract Map 7836, Preliminary Grading Plan, and Setting Public Hearing for a Street Abandonment Application for a Portion of California Street for the Development of a 3.86 acre Site at 3651 Walnut Avenue. The Proposed Project Would Allow for the Development of 227 Condominium Units, a 9,900 square foot Civic Park and Approximately 5,000 square feet of Commercial Space.

 

Contact Person:

Name: Wayne Morris                    Jeff Schwob

Title:   Senior 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 effect 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.  Set public hearing date for January 9, 2007 for City Council to consider a conditional street vacation for a 30'-wide portion of California Street.

6.  Find PLN2007-00084 is in conformance with the relevant goals contained in the Central Business District Concept Plan. These goals include Concept Plan Goal 1: Create a recognizable and memorable downtown which people can take pride in, and to which people want to go, Concept Plan Goal 2: Create a downtown comprised of a mix of land uses, Concept Plan Goal 3: Improved streetscape design in the CBD,  Concept Plan Goal 4: Improved amenities for pedestrians in the Downtown Focus Area, and Concept Plan Goal 5: Encourage a network of strategically-placed public and private parking facilities as enumerated within the staff report.

7.  Adopt a resolution approving PLN2005-00256 to amend the General Plan land use designation for Parcel A. the Civic Park, to"Institutional Open Space & Park," in conformance with Exhibit "C" (General Plan Amendment Exhibit).

8.  Waive full reading and introduce an ordinance approving Planned District 256 (PLN2005-00256) as shown on Exhibit "D" (Zoning Exhibit) and Exhibit "E" Site Plan, Civil Engineering, Landscape and Architectural Package be approved, based upon the findings contained in the report and subject to the conditions of approval set forth in Exhibit 1.

9.  Find Vesting Tentative Tract Map 7836 shown on Exhibit "F-1" and Preliminary Grading Plan shown on Exhibit "F-2" to be in conformance with the relevant provisions contained in the City's General Plan and standards of the Fremont Municipal Code.

10. Approve Exhibit "F-1" (Vesting Tentative Tract Map 7836), based upon the findings and conditions in Exhibit "2."

11. Approve Exhibit "F-2" (Preliminary Grading Plan), based upon the findings and conditions in Exhibit "3."

 

6.       REPORT FROM CITY ATTORNEY

 

6.1     Report Out from Closed Session of Any Final Action

 

7.       REPORT FROM CITY MANAGER

 

7.1     RECREATION COMMISSION REFERRAL CONCERNING FUNDING FOR THE FAMILY WATER PLAY FACILITY IN CENTRAL PARK (PWC 8464)

Recreation Commission Referral Concerning Funding for the Family Water Play Facility in Central Park

 

Contact Person:

Name: Amy Rakley, AICP                     Annabell Holland

Title:   Park Planning Manager              Director

Dept.: Parks and Recreation                Parks and Recreation

Phone: 510-494-4363                        510-494-4329

E-Mail: arakley@ci.fremont.ca.us         aholland@ci.fremont.ca.us

 

RECOMMENDATIONS:

1.  Recommend the City Council close PWC 8507, Rancho Higuera Historical Park, and return $200,000 from 530PWC8507 (Rancho Higuera Historical Park Improvements) to Fund 530, and return $150,000 from 540PWC 8507 (Rancho Higuera Historical Park Improvements) to Fund 540.

2.  Recommend the City Council reallocate $3,800,000 of the planned $3,896,830 listed for 09/10 in the current 05/06 - 09/10 Capital Improvement Plan from 540PWC8507 (Rancho Higuera Historical Park) to 540PWC8464 (Family Water Play Facility) and authorize the appropriation of $3,800,000 to 540PWC8464 (Family Water Play Facility).

3.  Recommend the City Council appropriate interest earnings, if any, from Proposition 12 (2000 State Park Bond Act) and Proposition 40 (2002 State Park Bond Act), to PWC8464, Family Water Play Facility.

 

7.2     RECREATION COMMISSION REFERRAL - RECOMMENDATION FOR PUBLIC ART PROJECT-FAMILY WATER PLAY FACILITY IN CENTRAL PARK

Recreation Commission Referral - Public Art Project-Central Park Family Water Play Facility (PWC 8464)

 

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: That the City Council approve the selection of John Pugh to provide the public art component for the Family Water Play Facility in Central Park as recommended by the Recreation Commission and Art Review Board and authorize the City Manager, or designee, to enter into a $48,000 agreement with the artist.

 

8.       COUNCIL COMMUNICATIONS

 

8.1     Council Referrals

 

8.1.1   REFERRAL FROM COUNCILMEMBER CHO: Request that Council Consider on December 19 Allowing Cheer With a Twist to Operate at Their Current Location Until July 31, 2007

 

8.2     Legislation – None.

 

8.3     Oral Reports on Meetings and Events

 

9.       ADJOURNMENT

 

 




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City Council Regular Meeting Agenda & Reports 12/05/06


Enc. 2.1   Enc. 3.4   Enc. 3.6   Enc. 5.1

Enc. 5.2   Enc. 7.1   Enc. 7.2

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12/05/06 City Council Minutes



Order of Discussion

Generally, the order of discussion after introduction of an item by the Mayor will include comments and information by staff followed by City Council questions and inquiries. The applicant, or their authorized representative, or interested citizens, may then speak on the item; each speaker may only speak once to each item. At the close of public discussion, the item will be considered by the City Council and action taken. Items on the agenda may be moved from the order listed.

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 case the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a "Request to Address the City Council" card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

Addressing the Council

Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and the number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker card). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said.

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