AGENDA
FREMONT CITY COUNCIL REGULAR MEETING
SEPTEMBER 2, 2008
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 Work Session and Regular Meeting of February 19, 2008, the Regular Meetings of July 8 and July 22, 2008.
2.3 Second Reading and Adoption of An Ordinance of the City of Fremont Amending the Fremont Municipal Code by Adding a New Article 9, Title IV Chapter 2 (Solid Waste, Recyclables, and Yard Waste Management) to Establish Construction and Demolition Debris Diversion and Recycling Requirements
RECOMMENDATION: Adopt ordinance.
2.4 REPORT OF ACTIONS TAKEN DURING COUNCIL RECESS
Report of Actions Taken by the City Manager during Council Recess, July 23, 2008 through September 2, 2008
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: Receive report acknowledging actions taken by the City Manager or designee during the recess.
2.5 JANITORIAL SERVICES CONTRACT AMENDMENT NO. 4
Authorization to Amend the Contract for Janitorial Services to Extend the Current Contract for an Additional Three Months at a Not to Exceed Cost of $204,000
Contact Person:
Name: Cynthia Gray Bill Shaffer
Title: Bldg. Maintenance Analyst Bldg. Maintenance Supervisor
Dept.: Transportation & Operations Transportation & Operations
Phone: 510-979-5718 510-979-5751
E-Mail: cgray@ci.fremont.ca.us bshaffer@ci.fremont.ca.us
RECOMMENDATION: Authorize City Manager or designee to approve Amendment No. 4 to the contract with American Building Maintenance, Inc., to extend the Janitorial Contract Services Agreement by three months, from October 1, 2008 to December 31, 2008, in an amount not to exceed $204,000.
2.6 APPROVAL OF FINAL TRACT 7859 AT 35601 NILES BOULEVARD BY RHNC – FREMONT NILES, LLC
Approval of Final Map, Improvement Agreements for Construction of Public Street (Niles Boulevard) and Private Streets (Darlington Common and Embassy Common), and Dedication of Land and Public Easements for Tract 7859
Contact Person:
Name: Diana Cangco Norm Hughes
Title: Engineer II City Engineer
Dept.: Community Development Community Development
Phone: 510-494-4733 510-494-4748
E-Mail: dcangco@ci.fremont.ca.us nhughes@ci.fremont.ca.us
RECOMMENDATION: Adopt a resolution:
1. Approving the final map and the improvement plans for Tract 7859.
2. Approving the Agreement for Public Street Improvements entitled "Improvement Agreement Tract 7859", with the developer, RHNC – Fremont Niles, 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 7859", with the developer, RHNC – Fremont Niles, 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.
5. Accepting the developer's payment of $13,385 for the on-going maintenance of stormwater treatment device located within the public right-of-way.
2.7 CALIFORNIA SAFE ROUTES TO SCHOOL GRANT ACCEPTANCE
Adopt a Resolution Authorizing the City Manager to Execute Agreements to Accept a Grant from the State Safe Routes to School Program, Appropriate California Safe Routes to School Funds for Mission Boulevard Sidewalk Construction and Mission Boulevard/Driscoll Road Pedestrian Signal Improvements, and Appropriate Bicycle and Pedestrian Capital Improvement Funds as the City's Local Match
Contact Person:
Name: Rene Dalton Kunle Odumade
Title: Associate Trans. Engineer Transportation Engineer
Dept.: Transportation & Ops Transportation & Operations
Phone: 510-494-4535 510-494-4746
E-Mail: rdalton@ci.fremont.ca.us kodumade@ci.fremont.ca.us
RECOMMENDATION:
1. Adopt a resolution authorizing the City Manager or designee to accept any awarded grant funds for the Project and to execute any necessary implementing agreements.
2. Appropriate any grant funds received to 525PWC8691, California Safe Routes to School Mission Boulevard Sidewalk and Mission Boulevard/Driscoll Road Pedestrian Signal Improvements.
3. Appropriate $84,279 from 509PWC8541, Bicycle and Pedestrian Projects, to 509PWC8691, California Safe Routes to School Mission Boulevard Sidewalk and Mission Boulevard/Driscoll Road Pedestrian Signal Improvements as the City's local match.
2.8 NILES HALL APPEAL - 37270 NILES BOULEVARD (PLN2009-00004)
Public Hearing (Published Notice) to Consider an Appeal of the Planning Commission's Approval of Modified Conditions of Approval for Niles Hall (a Previously Approved Nightclub and Social Hall) in the Niles Planning Area
Contact Person:
Name: Barbara Meerjans Jeff Schwob
Title: Senior Planner Planning Director
Dept.: Community Development Community Development
Phone: 510-494-4451 510-494-4527
E-Mail: bmeerjans@ci.fremont.ca.us jschwob@ci.fremont.ca.us
RECOMMENDATION: Receive letter withdrawing appeal.
2.9 CROWN HOMES DEVELOPMENT - 37621, 37629 & 37605 FREMONT BOULEVARD AND 4068 CENTRAL AVENUE (PLN2004-00231)
Public Hearing (Published Notice) to Consider the Planning Commission's Recommendation to Introduce an Ordinance Rezoning the Site from Planned District P‑2002-164 to a Preliminary and Precise Planned District P-2004-231; to Approve a Vesting Tentative Tract Map (VTTM 7373) for Condominium Purposes, and a Preliminary Grading Plan, and Adopt a Resolution to Declassify and Remove One of Two Designated Existing Landmark Magnolia Trees, to Facilitate and Permit the Construction of a 27-Unit Residential Condominium Project on a One Acre Site Located in the Centerville Planning Area
Contact Person:
Name: Clifford Nguyen Jeff Schwob
Title: Associate Planner 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. Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, finding that the Mitigated Negative Declaration (Exhibit A) prepared for this project has been completed in compliance with the requirements of CEQA and reflects the independent judgment of the City, and that approval of this project, as mitigated, will not have significant impacts on the environment, cumulative or otherwise.
3. Find that the proposed project 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, Housing and Health & Safety Chapters as enumerated within the staff report.
4. As recommended by the Planning Commission, approve the proposed project as shown on Exhibit "B" (Zoning Exhibit), Exhibit "C" (Project Site, Architectural and Conceptual Landscape Plan), and Exhibit "D" (Vesting Tentative Tract Map 7373, Preliminary Grading Plan, Stormwater Treatment and Drainage Plan), based upon the findings and subject to the conditions of approval set forth in Exhibit "E."
5. Adopt a Resolution to change the landmark tree listing #49 from two Magnolia grandifloras to only one Magnolia grandiflora, and find that removal of the southernmost Magnolia grandiflora is not a significant impact to the environment and should be removed when evaluated by the criteria set forth in the City Tree Preservation Ordinance as presented in the findings set forth in Exhibit "E."
6. Waive full reading and introduce an Ordinance rezoning the entire 1-acre project property from Planned District P-2002-164 to a Preliminary and Precise Planned District P-2004-231, in conformance with Exhibit "B" (Rezoning Exhibit).
2.10 CONSIDERATION OF DISPOSITION AND DEVELOPMENT AGREEMENT FOR CROWN COURT/HOMES
Public Hearing to Consider Approval of a Disposition and Development Agreement as Required by Section 33433 of the State Health & Safety Code in Connection with the Proposed Sale of a 4,650 Square Foot Parcel of Land Owned by the Agency to Glofrem Properties, Inc. (Developer), to Assemble a Development Site to Construct a 27-Unit Residential Condominium Townhouse Project (Crown Court/Homes) at Central Avenue and Fremont Boulevard in the Centerville Redevelopment Project Area
Contact Person:
Name: Bill Cooper Elisa Tierney
Title: Housing Project Manager Redevelopment Agency Director
Dept.: OHR OHR
Phone: 510-494-4520 510-494-4501
E-Mail: bcooper@ci.fremont.ca.us etierney@ci.fremont.ca.us
RECOMMENDATION: Staff recommends that the City Council conduct a public hearing and adopt a Resolution to:
1. Make findings required by the California Environmental Quality Act and the California Redevelopment Law in connection with the development of the Crown Court residential condominium townhouse project in the Centerville Redevelopment Project Area; and
2. Find that the consideration to be paid by Glofrem Properties, Inc., under the DDA is not less than the fair market value of the Agency Parcel's highest and best use in accordance with the Centerville Redevelopment Plan; and
3. Find that the sale of the Agency parcel will assist in the elimination of blight in the Centerville Project Area, will provide housing for low and moderate income persons, and is consistent with the Agency's adopted Implementation Plan.
4. Approve the Disposition and Development Agreement (DDA) and other appropriate documents prepared by the Redevelopment Agency's Special Counsel.
2.11 OFF-SITE PARKING ZONING TEXT AMENDMENT
Public Hearing (Published Notice) to Consider Introduction of an Ordinance for a Zoning Text Amendment (Revision to Section 8-22005 Title VIII, Chapter 2, Article 20 of the Fremont Municipal Code) to Increase the Distance Allowed for the Required Off-Street Parking from 400 Feet to a Distance of up to 700 Feet for Employee Parking and Patrons of Public Assembly Uses
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 the project is exempt from the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment under CEQA Guideline 15061(b)(3).
3. Find PLN2008-00344 (Zoning Text Amendment) is in conformance with the relevant provisions contained in the City's General Plan. The provisions include the designations, goals and policies set forth in the General Plan's Land Use and Local Economy Chapters as enumerated within the staff report.
4. Find the public necessity, convenience and general welfare require the adoption of this Zoning Text Amendment because existing parking facilities with additional capacity can be shared with other businesses and services when they are within walking distance.
5. Waive full reading and introduce an Ordinance making changes to the Fremont Municipal Code (Chapter 2: Planning and Zoning) as shown on Exhibit "A."
3. CEREMONIAL ITEMS
3.1 Proclamation: Fall Prevention Awareness Week
3.2 Resolution: Honoring Easy Color Printing/Pacific Color Graphics for Being Newly Certified as a Bay Area Green Business in the City of Fremont
3.3 Resolution: Honoring Delta Products Corporation for Being Newly Certified as a Bay Are Green Business in the City of Fremont
3.4 Resolution: Honoring Clubsport for Being Certified as a Bay Are Green Business in the City of Fremont
3.5 Resolution: Honoring the Law and Mediation Office of Lorna Jaynes for Being Newly Certified as a Bay Are Green Business in the City of Fremont
3.6 Resolution: Honoring Satellite Housing-Fremont Oak Gardens for Being Newly Certified as a Bay Area Green Business in the City of Fremont
3.7 Resolution: Honoring Instor Solutions for Being Newly Certified as a Bay Are Green Business in the City of Fremont
3.8 Resolution: Honoring Green Leaf Cleaner for Being Newly Certified as a Bay Are Green Business in the City of Fremont
3.9 Resolution: Honoring Best Graphic Image for Being Recertified as a Bay Are Green Business in the City of Fremont
3.10 Resolution: Honoring Solyndra for Being a Green Business in Fremont
3.11 Resolution: Honoring Police Detention Supervisor Rodolfo Navarro for Twenty Years of Service
3.12 Resolution: Honoring Detention Technician Dianna Farmer for Twenty Five Years of Service
3.13 Resolution: Honoring Police Officer Adam Carpenter for Twenty Years of Service
4. PUBLIC COMMUNICATIONS
4.1 Oral and Written 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 – The Public Financing Authority Board will convene at this time and take action on the agenda items listed on the Public Financing Authority Agenda. See separate agenda (lilac paper).
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. OTHER BUSINESS
7.1 APPROVAL OF PLANS AND SPECIFICATIONS, AND AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE NILES TOWN PLAZA FREIGHT BUILDING MOVE AND RENOVATION
Approval of Plans and Specifications, and Award of Contract for the Construction of the Niles Town Plaza Freight Building Move and Renovation (City Project No. PWC 8614C), APN # 507-0150-006-14
Contact Person:
Name: Robert Kalkbrenner Norm Hughes
Title: Civic Facilities Design City Engineer
and Construction Manager
Dept.: Community Development Community Development
Phone: 510-494-4428 510-494-4748
E-Mail: rkalkbrenner@ci.fremont.ca.us nhughes@ci.fremont.ca.us
RECOMMENDATIONS:
1. Approve Plans and Specifications for the move and construction renovation of the Niles Town Plaza Freight Building (City Project No. PWC 8614C).
2. Award a contract for the move and construction renovation of the Niles Town Plaza Freight Building (City Project No. PWC 8614C) to River View Construction, Inc. in the amount of $628,935; and authorize the City Manager, or designee, to execute the contract.
7.2 TAX AND REVENUE ANTICIPATION NOTES
Proposed Short-term Tax and Revenue Anticipation Notes for Fiscal Year 2008/09
Contact Person:
Name: Don Dorman Harriet Commons
Title: Revenue and Treasury Manager Director/Treasurer
Dept.: Finance Finance
Phone: 510-494-4616 510-284-4010
E-Mail: ddorman@ci.fremont.ca.us hcommons@ci.fremont.ca.us
RECOMMENDATIONS:
1. Approve the proposed short-term financing for fiscal year 2008/09.
2. Adopt a resolution providing for the borrowing of funds for fiscal year 2008/09 and the issuance and sale of 2008 Tax and Revenue Anticipation Notes and authorizing the execution of the following documents (which are and have been on file with the Office of the City Clerk):
· Form of Purchase Contract
· Preliminary Official Statement
· Financial Advisor Contract (contract amount not to exceed $40,000 including expenses)
· Bond Counsel Contract (contract amount not to exceed $10,000 including expenses)
· All certificated, agreements and other documents necessary to complete the transaction
7.3 PROPOSED ISSUANCE OF 2008 FIXED RATE CERTIFICATES OF
PARTICIPATION (COPs)
Proposed Issuance of 2008 Fixed Rate Certific | 
