CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, November 8, 2006  REGULAR MEETING  CALL TO ORDER/ROLL CALL  Mayor Soares called the regular City Council meeting of November 8, 2006 to  order at 6:30 p.m. Present: Absent:  Mayor Soares, Mayor Pro Tem Scherman, Council Members  Briggs, Leary, and Cooper.  None.  Council Member Briggs led the Pledge of Allegiance.  APPROVAL OF AGENDA  Following discussion Council called a special City Council meeting to consider public hearing Agenda Item No. 6.1 on November 27, 2006 at 6:00 p.m. Mayor Soares announced that Closed Session agenda item 10 would not be Motion: M/S Briggs/Cooper to approve the November 8, 2006 City Council agenda with noted amendments [above]. The motion passed by the following  heard.  vote: Ayes: 5; Noes: 0  PRESENTATIONSIANNOUNCEMENTS  Council Member Cooper presented a Certificate of Recognition to outgoing Disability Advisory Committee member Dave Armendariz for his contributions to Lois Wright, Sacramento Municipal Utility District Government Affairs Representative, provided a presentation regarding SMUD Bringing Solar Power to Elk Grove. Ms. Wright encouraged the City to repeal photovoltaic solar system By Council consensus, staff was directed to return an item to consider repealing  the Committee. Committee members joined in the recognition.  permit fees. the fee.    Executive Director Paula Birdsong of MADD (Mothers Against Drunk Driving) California presented awards to the Elk Grove Police Department "Blue Crew" which set national fundraising records at the 3rd Annual Strides for Change event. Cedar Kehoe, Solid Waste Manager, presented information regarding upcoming  E-Waste collection event (December 2) to be held in Elk Grove. Elias Guzman, Deputy City Attorney, was introduced to Council.  Mayor Pro Tem Scherman congratulated the two newly elected Council Members, Gary Davis and Patrick Hume. She also thanked Council Member Briggs and Mayor Soares for their dedication to the Council and City for the past  six years. She requested public comment be respectful. PUBLIC COMMENI(Matters not on the agenda)  Steve Detrich, EGCAPP, characterized the November 7, 2006 election as historic, marking the date the citizens advanced to take back the city. He congratulated Council Members Elect Davis and Hume and wished outgoing Council Members Briggs and Soares good luck in their future endeavors. Gyan Kalwani stated the people of Elk Grove have spoken up against Mayor Soares' leadership. He questioned the removal of items from the agenda, alleging the Council has given carte blanche to Mr. Manzanetti and Mr. Danielson tos steal people's real property. He asked the City Council, Mr. Danielson, Mr. Manzanetti and Mr. Carter to resign from the city. He alleged Mayor Soares conducted a "dirty" campaign and questioned his example. He criticized Mayor Pro Tem Scherman in relation to eminent domain authority given to the City Lisa Dixon remarked on recent elections and reflected on her past warnings to Council to engage the citizens. She forewarned Council Members Elect Davis and Hume that the citizens will hold them responsible for campaign promises. Gary Davis thanked the community for its strong show of support, for its trust, and Elizabeth Moseby read a letter recognizing Mayor Soares' leadership, Linda Ford, representing the Elk Grove Community Connections and citizens, thanked Police Chief Robert Simmons, Assistant Chief Ed Kelly and Lieutenant Art Olson and the EGPD team for their support and presentations at the October 30  Manager and City Attorney.  the opportunity to serve.  responsiveness and contribution to the community.  summit.  Elk Grove City Council Regular Meeting, 11/08/06 Page2of10    Public Comment was closed at 7:09 p.m. CONSENT CALENDAR ITEMS  Mayor Soares acknowledged modifications were made to the agreement provided Motion: M/S Briggs/Cooper to approve Consent Calendar items. The motion Agenda Item No. 5.1: Approve Minutes of the October 25, 2006 Regular City  with Agenda Item No. 5.17 and received by Council. passed by the following vote: Ayes: 5; Noes: 0. Council Meeting were approved as submitted  Approved by Consent Agenda Item No. 5.2: Approved by Consent Agenda Item No. 5.3: alarms (Second Reading) Approved by Consent Agenda Item No. 5.4: Legislative Principles Approved by Consent Agenda Item No. 5.5:  Ordinance No. 44-2006 adopted amending the Elk  Grove Zoning Map from BP to RD-20 for 6915 Elk Grove Boulevard, APN 116-  0061-103, Project No. EG-092 (GPA 06-001) (Second Reading)  Ordinance No. 45-2006 adopted repealing and  reenacting Chapter 9.96 of the Elk Grove Municipal Code relating to emergency  Resolution No. 2006-274 adopted approving 2007-08  Resolution No. 2006-275 adopted authorizing the City  Manager, or his designee, to execute Change Order No. 2 to Contract No. C-06- 208 in the amount of $134,313 between the City of Elk Grove and SWAllen Construction, Inc. for Construction of the Police Fleet Facility (Police Services) Agenda Item No. 5.6: Resolution No. 2006-276 adopted authorizing the City Manager, or his designee, to approve a purchase order in the amount of $113,714 for 20 Panasonic Toughbooks (laptop computers) from Raymar Information Technology and to transfer $57,000 from the General Fund Police Reserve, and $56,000 from the Police Capital Facilities Fee Fund to the 2006-07 Police  Approved by Consent  Department Budget (Police Services) Approved by Consent Agenda Item No. 5.7:  Resolution No. 2006-277 adopted granting to the Elk  Grove Community Services District, in Fee Simple, Lot A for Landscape Purposes  Elk Grove City Council Regular Meeting, 11/08/06 Page 3of10    and Lot Bi for Open Space Purposes, located within Newton Ranch Unit No. 3  (Subdivision 02-370.03) Approved by Consent Agenda Item No. 5.8:  Resolution No. 2006-278 adopted accepting the Slurry  Seal and Micro-Surfacing Project 2006 as complete and authorizing the City Engineer to prepare the Notice of Completion and the City Clerk to file the Notice  of Completion with the Sacramento County Recorder  Approved by Consent Agenda Item No. 5.9:  Resolution No. 2006-279 adopted authorizing the City  Engineer to submit an expenditure plan request for the City of Elk Grove Fiscal Year 2004-05 and 2005-06 Measure A Interest and Supplemental Allocations and amend the 2006-07 Budget by adding $789,301 in Measure A. revenues and  expenditures Approved by Consent  Agenda Item No. 5.10: Resolution No. 2006-280 adopted approving Final Map and Subdivision Improvement Agreement for Subdivision No. 03-479.01 Del  Webb Village 1 Approved by Consent  Agenda Item No. 5.11: Resolution No. 2006-281 adopted approving Final Map and Subdivision Improvement Agreement for Subdivision No. 03-479.06 Del  Webb Village 6 Approved by Consent  Agenda Item No. 5.12: Resolution No. 2006-282 adopted approving Final Map and Subdivision mprovement Agreement for Subdivision No. 04-764.01 The  Grove at Laguna Ridge Village 1 Approved by Consent  Agenda Item No. 5.13: Resolution No. 2006-283 adopted approving Final Map and Subdivision Improvement Agreement for Subdivision No. 04-764.03 The  Grove at Laguna Ridge Village 3 Approved by Consent  Agenda Item No. 5.14: Resolution No. 2006-284 adopted approving Final Map and Subdivision Improvement Agreement for Subdivision No. 04-764.04A  The Grove at Laguna Ridge Village 4A Approved by Consent  Agenda Item No. 5.15: Resolution No. 2006-285 adopted authorizing the Mayor, or his designee, to execute a Public Improvement Agreement with Pulte Home Corporation for Phase 2 of the Laguna Ridge Specific Plan  Approved by Consent  Elk Grove City Council Regular Meeting, 11/08/06 Page 4of1 10    Agenda Item No. 5.16: Resolution No. 2006-286 adopted authorizing the Mayor, or his designee, to execute a Public Improvement. Agreement with Reynen & Bardis (Laguna Ridge) LP for Phase 2 of the Laguna Ridge Specific Plan Agenda Item No. 5.17: Resolution No. 2006-287 adopted authorizing the City Manager, or his designee, to execute a contract with Vali Cooper & Associates, Inc. for professional construction management services for the Grant Line Road/State Route 99 Interchange Reconstruction Project for an amount not to  Approved by Consent  exceed $2,356,955 Approved by Consent  Agenda Item No. 5.18: The June 30, 2006. Annual Development Impact Fee  Report was accepted as presented. Approved by Consent  Agenda Item No. 5.19: The Certificate of Recognition honoring Dr. Arnold Adreani  as the 2006 Elk Grove Citizen of the Year was approved.  Approved by Consent PUBLIC HEARINGS 6:00 p.m.  NOTE: ITEM 6.1 was Continued to a special meeting on November 27, 2006 at Agenda Item No. 6.1: A public hearing to consider adoption of resolutions declaring the necessity and authorizing the commencement of eminent domain proceedings to secure real property interests for the construction of the Sheldon  Road/State Route 99 Interchange Reconstruction Project  RECOMMENDATION:  Staff recommended that Council adopt 13 Resolutions of Necessity: A) Authorizing the acquisition by eminent domain of the property interests (listed below) for the Sheldon Road/State Route 99 Interchange Reconstruction Project  1. Albiani/APN: 115-0161-008 2 Kochoo/APN: 115-0162-012  3. MoxdDamamamangaAR. 115-0162-010  4. Tsakopoulos, et al / APN: 115-0162-013, 014, 015 & 016; 115-0150-057;  115-1850-076  5. Pino, et al/APN: 115-0150-010  6. Schueffele Revocable Trust/APN: 116-0030-007 7. C. David & Kathleen D. Routt Revocable Trust/APN: 116-0030-005 8. Elk Grove Church of Christ, Inc. / APN: 116-0030-003 9. Family Real Property, Limited Partnershp/APN: 116-0030-052 & 053  Elk Grove City Council Regular Meeting, 11/08/06 Page 5of10    10.JBM Investments, General Partnership /APN: 116-0030-020 & 021 11.Elk Grove Community Services District IA APN: 115-0185-075, 115-0150-056, 12.AKT Developmenukramer Ranch Partnership/ /APN: 116-1440-051  116-1310-017, 116-0030-054, 116-1440-049 13.Sheldon Terrace, LLC/APN: 116-0021-036 B) Making the following findings: 1. The public interest and necessity require the project;  2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; 3. The property interests are necessary for the proposed project; and 4. The offer required by Government Code section 7267.2 has been made to the C) Authorizing the City Attorney to file suit in eminent domain to acquire such property interests, to apply for orders for possession before judgment, and to prosecute the actions to final judgment, and D) Authorizing the deposit of funds in  owner(s) of the property interests to be acquired.  court from the funds lawfully available.  REGULAR AGENDA ACTION TENSRECOMMENDATONS 16.20 relating to the Housing Stock Conservation Fee  Agenda Item No. 7.1:  Repeal Elk Grove Municipal Code Article 9, Chapter  RECOMMENDATION: Introduce and waive the full reading, by substitution of title only, an ordinance repealing Elk Grove Municipal Code Article 9, Chapter 16.20 Michael McGrane, Budget Manager, provided an overview of the staff report and  relating to the Housing Stock Conservation Fee Requirement.  recommendation. PUBLIC COMMENT: None.  Motion: M/S Leary/Cooper to introduce and waive the full reading, by substitution of title only, Ordinance No. 46-2006. repealing Elk Grove Municipal Code Article 9, Chapter 16.20 relating to the Housing Stock Conservation Fee Requirement. The  motion passed by the following vote: Ayes: 5; Noes: 0.  Agenda Item No. 7.2: RECOMMENDATION:  Policy regarding the use by other public agencies of  revenue from development impact fees levied by the City of Elk Grove  Confirm the applicability to the Elk Grove Community Services District Fire Department of the City's policy regarding the use by other public agencies of revenue from development impact fees levied by the City of Elk Grove  Elk Grove City Council Regular Meeting, 11/08/06 Page 6of10    Kate Rosenlieb, Senior Management Analyst, provided an overview of the staff Council Member Briggs opposed the recommended 2x2 committee proposal. The following persons provided public comment for Council consideration: Steve Foster, representing the Elk Grove Community Services District; Constance By Council Consensus, Council Members Leary and Cooper will participate with staff member Kate Rosenlieb, in a 2x2 Committee to work with representatives from the Elk Grove Community Services District Board and staff to discuss the release of development impact fee funds to the District for the purpose of building Fire Station No. 77 in Madeira. Council Member Leary indicated he would  report and recommendation.  PUBLIC COMMENT:  Conley.  coordinate the meeting with the CSD.  GENERAL ADMINISTRATION INFORMATION  Chief Simmons reported that the State Department of Justice (DOJ) conducted an inspection of the Police Department to audit compliance with the California Law Enforcement Telecommunication System (CLETS). The system provides the means of electronic communication with other law enforcement agencies, nation wide. The Chief reported receiving a letter from the DOJ on December 1 stating the agency passed the inspection. The letter also commended Agency Terminal Coordinator, Rhonda Henry, who was instrumental in attaining the department's Doug Furman, Human Resource Manager, introduced International Survey Research firm representative Gary Burger to review the recent City of Elk Grove Mr. Burger provided an overview of the employee survey, with the following conclusions: 1)of 236 employees eligible to participate, 195 employees returned surveys, representing an 83% return rate, well above the average 72%; 2) employees ranked "quality of service" provided at 93%, the highest percentage of favorable response in the survey, customer service was ranked second, job satisfaction was ranked third, with supervision and employee engagement ranked fourth and fifth; 3) performance evaluation, communications and work organization were ranked in the lower percentage of favorable response. Mr. Burger described the method utilized to compute the norms and scores. Mr. Burger concluded that in terms of employment or job satisfaction, and communication, responses from Elk Grove were statistically more favorable than  certification.  employees surveylopinion.  employees inside the U.S. national norm.  Elk Grove City Council Regular Meeting, 11/08/06 Page 7of10    Performance appraisal was the single category returned with an average less than the national norm. Mr. Burger speculated that this was likely attributed to the situation that many new employees have not yet been evaluated [accounts for Mr. Burger discussed the category of "employee engagement". Engagement is comprised of three indicators: think (do employees support the goals and objectives of the organization); feel (would they recommend the City as a good place to work); act (are they willing to go the extra mile and will they stay with the organization). The survey results indicate 1) 91% of the respondents stated they support the values of the city, 3 points better than the U.S. National norm; 2) 90%+ of the employees responded that the City is a good place to work, they are proud to be associated with the city and they fit well within the culture of the city, all above the National norm; 3) high scores were also received in terms of Mr. Burger stated that the results indicate a very high benchmark to maintain. Council Member Cooper expressed concern regarding employees' reluctance to openly express concerns for fear of retribution, particularly utilizing a computer program with which information may be tracked. He felt a different vehicle might  60%] of the employees.  employment continuity and commitment.  be utilized to produce greater and more open response. COUNCIL COMMENTS/FUTURE AGENDAITEMS Reports on Regional Boards, Commissions, Committees  Council Member Briggs: No report. Council Member Cooper:  Reported attending a SACOG meeting today for the El Dorado- Rancho Cordova = Elk Grove Connector project. Additional  information will be returned in 60 days.  Mayor Pro Tem Scherman  Reported taking a tour via the equestrian trail of the Cosumnes River area east of Grant Line Road (outside of City area, possible Requested a report from Council Member Cooper on SACOG's activity, questioned whether SACOG is listening to input, and whether suggested alternate routes are being considered.  annexation area).  Council Member Cooper responded that everything is still on the table and some  of the alternatives recommended are cost prohibitive.  Elk Grove City Council Regular Meeting, 11/08/06 Page 8of10    Council Member Leary  Reported that the Elk Grove Unified School District will be the recipient of a program called "Best Net" to provide on-line educational opportunities. The Commission committed $3 million to Questioned the results of staff's contact with Elk Grove Water Works (pursuant to Council Comments, 09-27-06 Council meeting).  the program.  City Manager John Danielson replied no response has been received. Council Member Leary requested an up date on staff's efforts at the next Council  meeting.  Stated an employee alleged that the City does not currently have a program in place to recover property damage costs associated with  accidents.  Public Works Director Bob Lee confirmed that the City has a cost-recovery program in place for property damage caused by automobile accidents.  CLOSED SESSION  NOTE: Item 10 was pulled from the agenda (See: Approval of the Agenda) Agenda Item No. 10A): PUBLIC EMPLOYEE PERFORMANCE EVALUATION; Title: City Manager (Pursuant to Government Code Section Agenda Item No. 10B): PUBLIC EMPLOYEEE PERFORMANCE EVALUATION; Title: City Attorney (Pursuant to Government Code Section  54957)  54957)  REGULAR AGENDAI ITEM Agenda Item No. 11:  Discussion and possible action regarding Council  Appointees compensation and benefits - City Manager and City Attorney Bill Mathis noted Council's recommendation that he return to present ideas or possible recommendations relative to compensation for the City Manager and City Dr. Mathis related two areas identified by the City Manager and the City Attorney for consideration: 1) the City Manager would like to have the language in the Severance Policy (i.e., Termination of Agreement) adjusted to mirror that of the City Attorney's by adding two-months to the provision; 2) The City Manager and  Attorney.  ElK Grove City Council Regular Meeting, 11/08/06 Page 9of10    City Attorney have requested fully-funded lifetime family medical benefits following retirement from PERS (CalPers) from the list of CalPERS providers. The current provisions in the contract relative to the application of unused leave toward Steve Rudolph, serving as special Counsel to the City Council, recommended modifying the severance provision in each of the agreements to reference State statutes regulating the amount of severance a public employee can be provided. He also addressed the agreements provisions relating to withholding severance (Grounds for Termination for Cause). He advised that items 3a Immoral or unprofessional conduct" and 3i "Conduct unbecoming the position" (of City Attorney or City Manager) be removed as the provisions are ambiguous, In response to a question from Council Member Cooper relative to how long the agreements have been in effect and why legal counsel had not previously advised tor remove the provisions from the agreement, Mr. Rudolph responded that as he was not legal counsel at that time, he was unable to provide an explanation. Council Member Cooper stated he is not ready to act on the amendments Motion: M/S Scherman/Briggs to amend the City Manager's employment contract for the provision of severance pay to be equal to the City Attorney's (i.e. 12 months); both contracts to include fully-funded lifetime family medical benefits when retirement from CalPERS occurs; both contracts to be amended to delete ambiguous grounds for withholding severance pay (provisions 3a, 3i). The motion passed by the following vote: Ayes: 4; Noes: 1 (Cooper)  medical would be deleted.  subjective, and often difficult to document.  without an opportunity to review the recommended action.  ADJOURNMENT  With no additional business to conduct, the November 8, 2006 City Council  meeting was adjourned at 8:22 p.m.  Ehbpab PEGGKJACKSON, CITY CLERK  ATTEST:  JAMES COOPER, FOR Clage RICK SOARES, MAYOR CITY OF ELK GROVE  Elk Grove City Council Regular Meeting, 11/08/06 Page 10of10