CITY OF ELK GROVE IncorporatedJuly 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, October 25, 2006  REGULAR MEETING  CALL TO ORDER/ROLL CALL  Mayor Soares called the regular City Council meeting of October 25, 2006 to  order at 6:33 p.m. Present: Absent:  Mayor Soares, Mayor Pro Tem Scherman, Council Members  Briggs, Leary, and Cooper.  None.  Mayor Soares led the Pledge of Allegiance.  APPROVAL OF AGENDA  Motion: M/S Cooper/Leary to remove. Agenda Item No. 7.1 to a future date. The motion failed by the following vote: Ayes: 2; Noes: 3 (Scherman, Soares, The Council proceeded to Presentations/Announcements, Agenda Item No. Motion: M/S Briggs/Scherman to approve the October 25, 2006 City Council agenda. The motion passed by the following vote: Ayes: 5; Noes: 0  Briggs) 3.1.  PRESENTATIONS/ANNOUNCEMENTS  An update (filed) was provided by Jim Miller, Director of the Elk Grove Teen Center, regarding the success of this new City facility. The City Council was presented with a thank you card by staff and Center participants. An update on the City's Capital Improvement Program was provided by Diane Nguyen, Capital Projects Manager (PowerPoint presentation filed).  PUBLIC COMMENT (Matters not on the Agenda)  Constance Conley requested the Council and the Elk Grove Community Services Board of Directors prioritize the construction of a soccer complex in Elk Grove to  Elk Grove City Council Regular Meeting, 10/25/06    accommodate the city's youth. She invited the public to attend the joint Steve Foster, Fire Chief and representing the Elk Grove Community Services District, requested the Council direct the City Manager to release developer impact fees immediately asserting that $4 million was necessary to build a fire station in Madeira. He urged the standardization of indemnification agreement language, and prioritization of processing use permits for public safety facilities. Inr response to Council Member Cooper's question why the funds had not been released, City Attorney Manzanetti responded that Council Policy governs the release of development impact fee funds. Council Member Cooper also stated that the indemnification language should be standardized. He asked that the Linda Ford, alleged Council Member Briggs referred to a number of persons, including herself, as "communists" and stated he should apologize. Ted Benjamin, who resides in the vicinity of Franklin and Elk Grove Boulevards, stated that since Council's action to institute a "quiet zone", trains have increased Steve Detrick stated Council Members have used their positions for campaigning and questioned the timing of the presentation of the capital improvement projects. He referenced campaign literature distributed by Council Member Briggs.  EGCC/EGPD summit on Monday.  Policy be reconsidered at the next Council meeting.  blowing their horns.  Mayor Soares closed the public comment opportunity.  CONSENT CALENDARITEMS  Council Member Cooper announced his and Council Member Leary's abstention from participating in Agenda Item Nos. 5.9, 5.14, 5.15, and 6.2 due to a potential conflict of interest related to their employment with the Sacramento County Sheriff's Department. He noted the record should reflect their recusals and abstention from participating in the items. He stated they have not made or  attempted to make or to influence the decisions. Mayor Soares opened the public comment opportunity. providing a bus to the Food Bank (Agenda Item No. 5.17).  Kathy O'Neil of the Elk Grove Community Food Bank, thanked the Council for Motion: M/S Scherman/Briqgs to approve the consent calendar items with recusals (Cooper/Leary) noted on Item Nos. 5.9, 5.14, and 5.15. The motion  passed by the following vote: Ayes: 5; Noes: 0  Elk Grove City Council Regular Meeting, October 25, 2006 Page 2of10    Agenda Item No. 5.1: Approved General Warrant No. 23428 through 24471 dated August 28, 2006 through October 6, 2006 and Electronic Fund Transfer 2007014  and 2007032 Approved by Consent  Agenda Item No. 5.2: Minutes of the October 11, 2006 Regular City Council  meeting were approved as submitted Approved by Consent  Agenda Item No. 5.3: Ordinance No. 40-2006 adopted approving the Pulte  Homes Corporation Development Agreement (Second Reading)  Approved by Consent  Agenda Item No. 5.4: Ordinance No. 41-2006 adopted approving the Reynen &  Bardis Development Agreement (Second Reading)  Approved by Consent  Agenda Item No. 5.5: Ordinance No. 42-2006 adopted adding Chapter 16.82 to the Elk Grove Municipal Code establishing the Laguna Ridge Area Park Fee  Program (Second Reading) Approved by Consent  Agenda Item No. 5.6: Ordinance No. 43-2006 adopted approving the Pre-Zoning Map for property located in the East Franklin Specific Plan Area from AG-80 to Residential and Open Space (Franklin Crossing Project No. EG-04-727) (Second  Reading) Approved by Consent Agenda Item No. 5.7:  Resolution No. 2006-260 adopted authorizing the City  Manager, or his designee, to execute a contract with RGW Construction, Inc. in the amount of $29,736,613 for the construction of the Grant Line Road/State  Route 99 Interchange Reconstruction Project  Approved by Consent Agenda Item No. 5.8: Approved by Consent Agenda Item No. 5.9:  Resolution No. 2006-261 adopted approving the  position and salary for the Chief Technology Officer  Resolution No. 2006-262 adopted authorizing the City  Manager, or his designee, to grant utility easements to the Sacramento County Water Agency and the Sacramento Municipal Utility District and an emergency access easement to the Elk Grove Community Services District for the City of Elk Grove Police Vehicle Storage Facility property located at Union Park Way  (APN 134-063-0130) (Police Services)  Elk Grove City Council Regular Meeting, October 25, 2006 Page 3of 10    Approved by Consent vote with Council Members Leary abstaining. The motion passed by the following vote: Ayes: 3; Noes: 0; Abstentions: 2 Agenda Item No. 5.10: Resolution No. 2006-263 adopted approving the Miller  (Cooper, Leary)  Parcel Map (Parcel Map No. 06-993.00) Approved by Consent  Agenda Item No. 5.11: Resolution No. 2006-264 adopted approving the Iron  Rock VI Parcel Map (Parcel Map No. 05-896.00)  Approved by Consent  Agenda Item No.5.12: Resolution No. 2006-265 adopted approving the Iron  Rock Industrial Park Parcel Map (Parcel Map No. 04-670.00)  Approved by Consent  Agenda Item No. 5.13: Resolution No. 2006-266 adopted authorizing the City Manager, or his designee, to issue a blanket purchase order not to exceed $310,000 to purchase unleaded gasoline and diesel fuel from Hunt & Sons, Inc. to  fuel the City's fleet through January 31, 2007  Approved by Consent  Agenda Item No. 5.14: Resolution No. 2006-267 adopted establishing the Reserve Police Officer Program in the Police Department and authorizing the transfer of $90,000 from General Fund contingency reserve to the 2006-07 Police Approved by Consent vote with Council Member Leary abstaining. The motion passed by the following vote: Ayes: 3; Noes: 0; Abstentions: 2 Agenda Item No. 5.15: Resolution No. 2006-268 adopted authorizing the City Manager, or his designee, to execute an agreement with Sacramento County for use of facilities located at 9250 Bond Road (South Station), and transferring $13,219 from General Fund contingency reserve to the Police Department budget tocover rental costs for the period of October 29, 2006 through January 31, 2007 Approved by Consent vote with Council Member Leary abstaining. The motion passed by the following vote: Ayes: 3; Noes: 0; Abstentions: 2 Agenda Item No. 5.16: Resolution No. 2006-269 adopted declaring Intention to Annex Territory to Community Facilities District No. 2006-1 (Maintenance Services) and to levy a special tax to pay for landscape and maintenance services  Department budget (Police Services)  (Cooper, Leary)  (Police Services) (Cooper, Leary)  (Annexation No. 4) Approved by Consent  Elk Grove City Council Regular Meeting, October 25, 2006 Page 4of10    Agenda Item No. 5.17: Authorized the City Manager, or his designee, to execute the Purchase and Sale Agreement between the City Of Elk Grove and the Elk Grove Community Food Bank for the sale of one (1) 1998 Ford E-350  Startrans Bus Approved by Consent  Agenda Item No. 5.18: Resolution No. 2006-270 adopted authorizing the City Manager, or his designee, to execute agreements in the amount of $1,282,942 for acquisition of mitigation requirements for the Grant Line Road/State Route 99  Interchange Reconstruction Project Approved by Consent PUBLIC HEARINGS  Agenda Item No. 6.1: A public hearing to consider High Density Residential General Plan amendment and rezone for 6915 Elk Grove Boulevard, APN 116-  0061-103 (Site I)  PLANNING COMMISSION RECOMMENDATION:  1. Adopt resolution certifying a Final Environmental Impact Report for the High Density Residential General Plan amendment and rezone project, making findings, adopting a statement of overriding considerations, adopting a mitigation monitoring and reporting program, and approving an amendment to the Elk Grove General Plan Land Use Policy Map for 6915 Elk Grove Boulevard, APN 116-0061-103 from Ofice/Mult-amiy to High Density 2. Introduce and waive the full reading, by substitution of title only, an ordinance 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). Mayor Soares declared the public hearing open at 7:07 p.m. and Planning Commission recommendation for approval. Mayor Soares opened the public comment opportunity.  Residential (GPA 06-001); and  Jessica Shalamunec, Project Planner, provided an overview of the staff report  The following persons provided public comment for Council consideration: Robert Donate, David Hawkins, Jon Ibbotson, Steve Detrick, Jeff Cecil, Lupe  Ramirez.  Mayor Soares closed the public comment opportunity at 7:16 p.m.  Motion 1: M/S Scherman/Cooper to adopt Resolution No. 2006-271 certifying a Final Environmental Impact Report for the High Density Residential General Plan  Elk Grove City Council Regular Meeting, October 25,2 2006 Page5of10    amendment and rezone project, making findings, adopting a statement of overriding considerations, adopting a mitigation monitoring and reporting program, and approving an amendment to the Elk Grove General Plan Land Use Policy Map for 6915 Elk Grove Boulevard, APN 116-0061-103 from Ofice/Mull-amiy to High Density Residential (GPA 06-001). The motion passed by the following vote: Motion 2: M/S Scherman/Cooper to Introduce and waive the full reading, by substitution of title only, Ordinance No. 44-2006 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). The motion passed by the following vote: Ayes: 5;  Ayes: 5; Noes: 0  Noes: 0  Agenda Item No. 6.2:  NOTE: Council Members Cooper and Leary abstained from voting on Item 6.2 due to a potential conflict of interest related to their employment with the Sacramento County Sheriff's Department and left the Council Chamber at 7:22 A public hearing to consider the introduction of an ordinance repealing and reenacting Chapter 9.96 of the Elk Grove Municipal Code relating to emergency alarms and adoption of resolutions delineating alarm program fees and fines  p.m..  (Police Services) RECOMMENDATION:  1. Introduce and waive the full reading, by substitution of title only, an ordinance repealing and reenacting Chapter 9.96 of the Elk Grove Municipal Code 2. Adopt resolution setting the permit fees for installation of alarm systems; and 3. Adopt resolution setting fines for violation of the alarm ordinance. Mayor Soares declared the public hearing open at 7:22 p.m.  relating to emergency alarms; and  Police Chief Robert Simmons, provided an overview of the staff report and With no requests to speak, Mayor Soares closed the public comment opportunity Motion 1: M/S Scherman/Briqgs to introduce and waive the full reading, by substitution of title only, Ordinance No. 45-2006 repealing and reenacting Chapter 9.96 of the Elk Grove Municipal Code relating to emergency alarms. The motion passed by the following vote: Ayes: 3; Noes: 0; Abstentions: 2  recommendation.  and closed the public hearing at 7:23 p.m.  (Cooper/Leary)  Elk Grove City Council Regular Meeting, October 25, 2006 Page 6of 10    Motion 2: M/S Scherman/Briqgs to adopt Resolution No.2006-272 setting the permit fees for installation of alarm systems. The motion passed by the following vote: Ayes: 3; Noes: 0; Abstenton:Z/Copaulen Motion 3: M/S Scherman/Briggs to adopt Resolution No. 2006-273 setting fines for violation of the alarm ordinance. The motion passed by the following vote: NOTE: At 7:24 p.m. Council Members Cooper and Leary returned to the dais  Ayes: 3; Noes: 0; Abstentions: 2 (Cooper/Leary) and resumed participation in the meeting.  REGULAR AGENDA ACTION ITEMS/RECOMMENDATIONS  Agenda Item No. 7.1: Discussion and possible action related to the City's Growth RECOMMENDATION: This matter appeared on the agenda by Council consensus (at the September 27, 2006 meeting and was continued at the October 11, 2006 meeting) for the purpose of review and possible direction to staff. Jim Estep, Assistant City Manager, provided an overview of the staff report and history on the adoption of the Council policy on Growth Management. The following persons provided comment for Council consideration: Sarah Johnson, Janet Toppenberg, CEO of the Elk Grove Chamber of Commerce.  Management Policy.  There was no Council direction on this matter.  Council Member Leary suggested the Annual Growth Report be considered some  other time other than May.  GENERAL ADMINISTRATION INFORMATION  Note: General Administration Information on the City's Capital Improvement Program was presented under Presentations/Announcements.  COUNCIL COMMENTS/FUTURE AGENDAITEMS  Council Member Leary  Reported attending the Sacramento Metro Chamber Study Mission (October 11- 13, San Diego) and learned about the funding for the sports  Elk Grove City Council Regular Meeting, October 25, 2006 Page 7of10    stadium in San Diego with the City of San Diego committing $40 M to the Requested the meeting be adjourned and a resolution be prepared in memory of and recognizing the contribution to the community made by Mark Clemons, a Sergeant with the California Highway Patrol and officer for more than 23 years. Sgt. Clemons was a graduate of Elk Grove High School and is survived by his wife, Nancy, and children, Melissa, Kendra, and Brianna. Councimember Leary asked that the meeting be closed in his  project. (Report required by AB 1234)  honor.  Mayor Pro Tem Scherman  Reported attending the Library press conference on October 17. Reported attending the Project RIDE Oktoberfest fundraiser at which time the City presented a check for $11,000 for the organization. Attended the Old Town Foundation meeting on October 24 and received a report on Rite Aid (s/w corner Elk Grove Boulevard and Waterman Rd.). Changes will be suggested on the building design. Banners for the Old Reported being unable to attend the Senior Center Board meeting held on October 24. Announced the Senior Center is having an Oktoberfest at the SES Hall on October 28 with proceeds going to a number of functions Reported attending the October 25 meeting of the Sanitation District. A service report was provided on the repercussions of spillage from the Received a letter from the Elk Grove Historical Society. Inquired whether staff had received a response from CalTrans relative to the landscaping of the area at Elk Grove Boulevard and SR99. Bob Lee, City Engineer, responded that the weeds will be cleared from the area and staff is talking with CalTrans. The landscaping issue will be pursued as part of Inquired whether the fencing along SR 99 adjacent to E. Stockton Bob Lee, City Engineer, stated staff will also be talking to CalTrans about the  Town area were discussed.  including Dial-A-Ride and Meals on Wheels.  treatment plant into the river.  capital improvements to the area.  Boulevard might be repaired.  issue.  Council Member Cooper  Expressed concern that the employee survey requested six months prior has not been provided. He questioned when it was returned by the Deputy City Manager Frank Oviedo, responded that staff has had the information for three weeks and the results requires organization. He noted the police department staff was included in the survey and projected the information  consultant and when the Council would see the results.  would be returned to a future Council meeting.  Elk Grove City Council Regular Meeting, October 25, 2006 Page 8 of1 10    Council Member Cooper requested an appointment be scheduled with the survey  preparer.  Affirmed discussion at the next Council meeting on the release of Requested the meeting be adjourned in memory of and recognizing Ben Kaiser, his past appointee to the Elk Grove Committee for the Arts.  development impact fees.  Council Member Briggs  Requested information on the installation of bus shelters.  Carlos Tobar, Transit Manager, responded that one shelter has been ordered and will be installed by the city for the Laguna West Park and Ride facility (Laguna Blvd. and Harbour Pointe), with twenty-three additional shelters to be installed in the near future. Six additional shelters will be installed in Old Town.  Announced the Air Quality Manage Board meeting will be held on October 26, 9:30 a.m., to consider the elimination of wood-burning fireplaces in new The STA passed the bond measure, allocating $43 million for the interchange projects at Grantline and Sheldon, each intersecting with SR  residences for the purpose of reducing air pollution.  99. Mayor Soares  Reported the use of smaller capacity Dial-A-Ride program vans and energy alternatives was discussed at the Regional Transit Operations and Planning Reported receiving a letter from the Elk Grove Historical Society which identified the use of funds provided by City Community Grants. Reminded the public that the second Council meeting in November (November 22) is cancelled as is the December 27, City Council meeting. The groundbreaking of the Rose Garden Park will be held on October 26, 2006 at 10 a.m. at the Glenbrook Sales Center on Bruceville Road.  meeting.  General Announcements  CLOSED SESSION  The City Attorney announced that the items scheduled for closed session did not come to past as expected and there was no reason to proceed to closed session. A) CONFERENCE WITH LEGAL COUNSEL - Anticipated  Litigation Two (2) Cases  Pursuant to GC Section 54956.9(b)  Elk Grove City Council Regular Meeting, October 25, 2006 Page 9of10    B) CONFERENCE WITH LEGAL COUNSEL - Existing Litigation  Pursuant to GC 54596.9(a) Two (2)cases  1. Elk Grove Community Services District Vs. Cityof Elk Grove,  Sacramento Superior Court Case No. 05AS00612  2.  Super Pallet Recycling Corporation Gyan Kalwani VS. City of Elk Grove City Council; City of Elk Grove; Survey Partners, LLC, Reynolds & Brown, Real Parties in Interest, Sacramento County Superior Court Case No. 06 CS 00295  ADJOURNMENT  With no additional business to conduct, the October 25, 2006 City Council meeting was adjourned at 8:06 p.m., after observing a moment of silence in the memory of  Ben Kaiser, Carol Meador (Project RIDE), and Mark Clemons.  CLERK  p  ATTEST: E  SOARES, MAYOR  Elk Grove City Council Regular Meeting, October 25, 2006 Page 10of10