CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, October 11, 2006  REGULAR MEETING  CALL TO ORDER/ROLL CALL  Mayor Soares called the regular City Council meeting of October 11, 2006 to  order to 6:30 p.m. Present: Absent:  Mayor Soares, Mayor Pro Tem Scherman, Council Members  Briggs and Cooper Council Memberl Leary  Mayor Soares led the Pledge of Allegiance.  APPROVAL OF AGENDA  Motion: M/S Scherman/Briggs to approve the October 11, 2006 City Council agenda with the following amendments: ITEM 6.1 was pulled from the agenda and ITEM 7.2 was continued to an unspecified future meeting. The motion passed by the following vote: Ayes 4; Noes: 0; Absent: 1 (Leary)  PRESENTATIONS/ANNOUNCEMENTS  1. A demonstration of the new "Online City Hall" was given by Information 2. A presentation regarding "Crime Free Housing" was provided by Police  Technology Specialist Nicole Guttridge  Services Administrative Assistant Darcy Nickles  PUBLIC COMMENT  Steve Detrick, Elk Grove Coalition Advocating Proper Planning (EGCAPP), invited the Council and community to attend the candidate forum to be held on October 14, 2006, sponsored by South County Citizens for Responsible Growth  (SCCRG) and EGCAPP.    CONSENT CALENDAR ITEMS  Council Member Cooper announced his abstention from participating in Consent Calendar Agenda Item No. 5.6 due to his employment with the Sacramento With no public requests to speak, Mayor Soares closed the public comment Motion: M/S Briggs/Scherman to approve the consent calendar noting Council Member Cooper's abstention on Consent Calendar Item No. 5.6. The motion was approved by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Leary)  County Sheriff's Department.  opportunity.  Agenda Item No. 5.1: Approved by Consent Agenda Item No. 5.2: Approved by Consent Awareness Week Approved by Consent Agenda Item No. 5.4:  The August 2006 Treasurer's Report was received and  filed.  Minutes of the September 13, 2006 Special and  September 27, 2006 Regular City Council meetings were approved as submitted. Agenda Item No. 5.3: October 24 to 31 was proclaimed as Childhood Cancer  Resolution No. 2006-253 adopted accepting the  Asphalt Concrete Overlay and Curb Ramp Improvements Project 2006 as complete and authorizing the City Engineer to prepare a Notice of Completion and the City Clerk to file the Notice of Completion with the Sacramento County  Recorder Approved by Consent Agenda Item No. 5.5: Approved by Consent Agenda Item No.5.6:  Ordinance No. 38-2006 adopted levying and  apportioning the special tax in territory annexed to Community Facilities District  No. 2006-1 (Maintenance Services) Annexation No. 3  Ordinance No. 39-2006 adopted levying and  apportioning the special tax in territory annexed to Community Facilities District Approved by Consent by the following vote: Ayes: 3; Notes: 0; Abstentions:  No. 2003-2 (Police Services) Annexation No. 12  1( (Cooper); Absent: 1 (Leary) Agenda Item No. 5.7:  Resolution No. 2006-254 adopted authorizing the City  Manager, or his designee, to execute a contract amendment with Parsons  Elk Grove City Council Regular Meeting, October 11,2006 Page2of12    Brinckerhoff Quade & Douglas, Inc., in the amount of $222,401 for professional services related to the Railroad Crossing Safety and Train Whistle Study  Approved by Consent Agenda Item No.5.8:  Resolution No. 2006-255 adopted accepting the Hull  Property Modification Project as complete and authorizing the City Engineer to prepare a 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: funds-p.1-5  Mp-eson-aucpin, the grant for-the-State  CHizeme-Opion-er-PuicSatymdnpamd-mgatngihe-2998-07-Funa-218 State-COPS-Gramt-revenue-and-and-expense-budget0-S254,29-in-State-COPS  NOTE: ITEM 5.9 moved to ITEM 6.7 posthumously to Rebecca Adams Approved by Consent  Agenda Item No. 5.10: A Certificate of Recognition was awarded  Agenda Item No. 5.11: Resolution No. 2006-256 adopted establishing an application fee to cover the costs associated with future annexations to  Community Facilities District 2005-1 (Laguna Ridge.)  Approved by Consent PUBLIC HEARINGS  Agenda Item No. 6.1: A continued public hearing (from September 27, 2006) to consider adoption of resolution amending and readopting Resolution No. 2005- 241, dated August 10, 2005, declaring the necessity and authorizing the commencement of eminent domain proceedings to secure real property interests necessary to construct the Sheldon Road Widening Project between Lewis Stein  and Bruceville Roads (Brodovsky Property, APN 116-0012-050) NOTE: ITEM 6.1 was pulled from the agenda.  Agenda Item No. 6.2: A public hearing to consider adoption of a resolution certifying a Final Environmental Impact Report, adopting a Mitigation Monitoring and Reporting Program, making Findings of Fact relating to the project impacts and the feasibility of project alternatives and Statement of Overriding Considerations, and approving the Bond Road Widening Project (from Bradshaw  Road to Grant Line Road) [p. 1-9] RECOMMENDATION: Adopt a resolution:  1.  Certifying the Final Environmental Impact Report;  Elk Grove City Council Regular Meeting, October 11,2006 Page3of12    2. 3. 4.  Adopting the Mitigation Monitoring Reporting Program;  Adopting Findings of Fact relating to the project impacts and the feasibility of project alternatives and Statement of Overriding Considerations; and Approving the proposed Bond Road Widening Project (from Bradshaw  Road to Grant Line Road).  Taro Echiburu, Environmental Planning Manager provided an overview of the  staff report and recommendation.  Mayor Soares declared the public hearing open at 6:52 p.m.  Inr response to discussion relative to a drainage problem on the Simpson property, Council Member Cooper requested a written report advising the Council of staff's The following persons provided public comment for Council consideration: Leo Fassler, Teresa Jump, Lynne Jackson (statement filed), Jerry Jackson, June Mayor Soares closed the public comment opportunity and declared the public Motion: M/S Enggs/Scherman to adopt Resolution No. 2006-257 certifying the Final Environmental Impact Report; adopting the Mitigation Monitoring Reporting Program; adopting Findings of Fact relating to the project impacts and the feasibility of project alternatives and Statement of Overriding Considerations; and approving the proposed Bond Road Widening Project (from Bradshaw Road to Grant Line Road). The motion passed by the following vote: Ayes: 4; Noes: 0;  assessment  Coats, Sharon Lynes, Walter Clary. hearing closed at 7:20 p.m.  Absent: 1 (Leary)  Agenda Item No. 6.3: A public hearing to consider the introduction of an ordinance adopting the Pulte Homes Corporation Development Agreement. The subject property is located at the northeast corner of Bruceville Road and future Whitelock Parkway within the Laguna Ridge Specific Plan encompassing 213.2  acres. [p. 1-41]  NOTE: ITEMS 6.3 and 6.4 were heard concurrently.  PLANNING COMMISSION RECOMMENDATION: Introduce and waive the full reading, by substitution of title only, an ordinance adopting the Pulte Homes Corporation Development Agreement and in accordance with Government Code $65867.5 and City Zoning Code $23.16.140(3) make the following findings: 1. The Development Agreement is consistent with the General Plan objectives, policies, land uses, and implementation programs and any other  applicable specific plans; and  Elk Grove City Council Regular Meeting, October 11, 2006 Page 4of12    2.  The Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a 3. The Development Agreement will promote the orderly development of Agenda Item No. 6.4 A public hearing to consider the introduction of an ordinance adopting the Reynen & Bardis Development Agreement. The subject property is located at the southeast corner of Bruceville Road and the future Civic Center Drive within the Laguna Ridge Specific Plan encompassing 244.6 acres. [p. 1-58] PLANNING COMMISSION RECOMMENDATION: Introduce and waive the full reading, by substitution of title only, an ordinance adopting the Reynen & Bardis Development Agreement and in accordance with Government Code $65867.5 and 1. The Development Agreement is consistent with the General Plan objectives, policies, land uses, and implementation programs and any other 2. The Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole; and 3. The Development Agreement will promote the orderly development of Jim Estep, Assistant City Manager, provided an overview of the staff report, recommendation and terms of the development agreements for Agenda Item Nos.  whole; and  property or the preservation of property values.  NOTE: ITEMS 6.3 and 6.4 were heard concurrently.  City Zoning Code $23.16.140(3) make the following findings:  applicable specific plans; and  property or the preservation of property values.  6.3 and 6.4.  Mayor Soares declared the public hearings open at 7:28 p.m.  Jay Palwek, representing Pulte/Del Webb, noted his concurrence with the agreement and announced the groundbreaking of the "Rose Garden Park", on October 26, the first park to be constructed under the City of Elk Grove in the Les Hock, representing Reynen & Bardis Communities, made a brief statement in  Laguna Ridge Specific Plan. favor of the proposed agreement.  Mayor Soares opened the public comment opportunity.  Elk Grove City Council Regular Meeting, October 11,2006 Page5of12    Jake Rambo noted his comments were applicable to agenda item Nos. 6.3, 6.4 and 6.5. Mr. Rambo encouraged the CSD and the City to combine efforts to move toward a combined and efficient process for the delivery of parks services. Mayor Soares closed the public comment opportunity at 7:42 p.m.  Motion: M/S Scherman/Cooper to introduce and waive the full readying, by substitution of title only, Ordinance No. 40-2006 adopting the Pulte Homes Corporation Development Agreement and in accordance with Government Code $65867.5 and City Zoning Code $23.16.140(3). The motion passed by the Motion: M/S Cooper/Scherman to introduce and waive the full readying, by substitution of title only, Ordinance No. 41-2006 adopting the Reynen & Bardis Development Agreement and in accordance with Government Code $65867.5and City Zoning Code $23.16.140(3). The motion passed by the following vote:  following vote: Ayes: 4; Noes: 0; Absent: 1 (Leary)  Ayes: 4; Noes: 0; Absent: 1 (Leary)  Agenda Item No. 6.5: A public hearing to consider the introduction of an ordinance adding Chapter 16.82 to the Elk Grove Municipal Code establishing the City of Elk Grove Laguna Ridge Area Park Fee Program and adoption of  resolution levying fees for the Park Fee Program.  RECOMMENDATION:  1. Introduce and waive the full reading, by substitution of title only, an Ordinance adding Chapter 16.82 to the Elk Grove Municipal Code establishing the Laguna Ridge Area Park Fee Program; and 2. Adopt Resolution levying fees for the Park Fee Program to be effective  December 11, 2006.  Mayor Soares declared the public hearing open at 7:54 p.m.  Assistant City Manager Jim Estep introduced Victor Irzyk, Goodwin Consulting Company, who provided information on the nexus study and proposed fee With no public requests to speak, Mayor Soares closed the public comment Motion 1: M/S Cooper/Scherman to introduce and waive the full readying, by substitution of title only, Ordinance No. 42-2006 adding Chapter 16.82 to the Elk Grove Municipal Code establishing the Laguna Ridge Area Park Fee Program. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Leary)  structure.  opportunity at 7:57 p.m.  Elk Grove City Council Regular Meeting, October 11,2006 Page 6of12    Motion 2: M/S Cooper/Scherman to adopting Resolution No.2006-258 levying fees for the Park Fee Program, effective December 11, 2006. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Leary)  Agenda Item No. 6.6: A public hearing to consider pre-zoning land (86.4 acres) located within the East Franklin Specific Plan Area, described generally as that area bounded on the north by Bilby Road (Elk Grove City Limits); on the west by Union Pacific Railroad tracks; on the south by APN 132-0132-022 (located within the boundaries of Sacramento County); and on the east by APN 132-0132- RECOMMENDATION: Introduce and waive the full reading, by substitution of title only, an Ordinance adopting the Pre-Zoning Map for property located in the East Franklin Specific Plan Area from AG-80 to Residential and Open Space (Franklin Gerald Park, Project Planner, provided an overview of the staff report and  006 and 007.  Crossing Project No. EG-04-727).  recommendation.  Mayor Soares declared the public hearing open at 7:58 p.m. opportunity and declared the public hearing closed at 8:00 p.m.  With no public requests to speak, Mayor Soares closed the public comment Motion: M/S Scherman/Briqgs to introduce and waive the full reading, by substitution of title only, Ordinance No. 43-2006 adopting the Pre-Zoning Map for property located in the East Franklin Specific Plan Area from AG-80 to Residential and Open Space. The motion passed by the following vote: Ayes: 4; Noes: 0;  Absent: 1 (Leary)  Agenda Item No. 6.7: A public hearing to consider the City's use of State Supplemental Law Enforcement Services Fund (SLESF) appropriations and to amend Fund 218 (Citizen's Option for Public Safety (COPS grant) revenue and Council Member Cooper recused himself from participation on Agenda Item No.  expense budget.  6.7 and vacated the Council Chambers at 8:01 p.m.  RECOMMENDATION:  Staff recommended that Council adopt a resolution  accepting the grant for the State Citizen's Option for Public Safety funding and increasing the 2006-07 Fund 218 (State COPS Grant) revenue and expense  budget to $254,729 in State COPS funds  Elk Grove City Council Regular Meeting, October 11,2006 Page 7of12    Robert Simmons, Police Chief, provided an overview of the staff report and  recommendation.  Mayor Soares declared the public hearing open at 8:01 p.m. opportunity and declared the public hearing closed at 8:05 p.m.  With no public requests to speak, Mayor Soares closed the public comment Motion: M/S Briggs/Soares to adopt Resolution No. 2006-259 accepting the grant for the State Citizen's Option for Public Safety funding and increasing the 2006-07 Fund 218 (State COPS Grant) revenue and expense budget to $254,729 in State COPS funds. The motion passed by the following vote: Ayes: 3;  Notes: 0; Absent: 1 (Leary); Abstentions: 1 (Cooper) REGULAR AGENDA ACTION TEMSRECOMMENDATONS  Agenda Item No.7 7.1:  Appointment of Elk Grove Trails Committee Members  RECOMMENDATION: Reappoint members of the Elk Grove Trails Committee for additional two-year terms or direct the City Clerk to solicit applications. Peggy Jackson, City Clerk, provided an overview of the staff report.  With no public requests to speak, Mayor Soares closed the public comment Council Members affirmed reappointment of their current appointees: Mark Mendenhall (Mayor Soares); Lisa Dixon (Mayor Pro Tem Scherman); Merwin F. Rose (Council Member Briggs); Steve Zehnder (Council Member Cooper).  opportunity.  Council Member Leary was absent from the meeting.  Agenda Item No. 7.2: Growth Management Policy.  Discussion and possible action related to the City's  NOTE: ITEM 7.2 was continued to a future date not certain.  GENERAL ADMINISTRATION INFORMATION  Deputy City Manager Frank Oviedo provided information requested by Council Member Cooper at the September 27 Council Meeting on the City's EEO efforts,  strategies and employment results (presentation filed).  Elk Grove City Council Regular Meeting, October 11,2006 Page8of12    Council Member Cooper observed that the top executive staff lacks representation by females and minorities. In particular, recent hires have not produced a female top executive and are not reflective of the community's Mayor Soares recollected recruitment efforts to attract females and minorities Inc conclusion, Mayor Soares offered that the City Manager put together above and beyond recruitment to fill vacancies and that a report be compiled to inform the  diversity.  through recruitment fairs.  Council of those efforts.  COUNCIL COMMENTS/FUTURE AGENDA ITEMS  Mayor Pro Tem Scherman  Acknowledged a letter received from George Apple, CSD Fire Department, referencing notice that the Community Service District will be removing its plan check coordinator from the Elk Grove City Hall. She questioned what City Manager John Danielson confirmed that in the absence of fire personnel, customers will be required to solicit approval elsewhere. No response has been received from CSD to the City's efforts to discuss the matter. Mr. Danielson noted he would continue to monitor and return new information to the Council.  efforts have been made to replace the service.  Questioned the landscaping plans for the west side of SR 99 at Elk Grove  Boulevard.  Public Works Director Michael Kashiwagi responded that if the area in question is within the freeway right-of-way, the responsibility for landscaping falls to CalTrans. He reported the City currently has no landscaping project planned for that area. Mr. Kashiwagi noted that if it is Council's direction, staff can look at adding landscaping to future planned roadway projects in that area. He noted CalTrans would be contacted in an effort to improve the current landscape City Manager Danielson noted that the city supplemented funding for the improvement of the Laguna/Bond Interchange area utilizing development impact  maintenance.  fees.  Reported talking with Chief Simmons on the business, "lllusions" in reference to the sale of adult video as well as narcotic paraphernalia.  Elk Grove City Council Regular Meeting, October 11,2 2006 Page 9of 12    Police Chief Simmons reported investigating complaints in conjunction with Community Enhancement staff, finding that the business is in compliance. Chief Simmons explained the "Community Business Partnership" concept which will  allow, with permission, the use of canine units to detect narcotics.  Announced Kaiser-Permanente will have its grand opening of its new Latino Requested the issues of Council districts, Charter City, and campaign  health clinic on October 13.  reform be returned for Council discussion.  Mayor Soares noted the issue of Charter City governance will be considered by the Council in January. There was no Council consensus to agendize the issues  of Council districts and campaign reform  Council Member Briggs  Announced there will be a Sacramento Transportation District (STA) meeting on October 12 to consider approval of the advancement of Measure A. The approval will bring $40 million to the City in roadway On October 21, Project Ride will hold an Octoberfest event sample different The Teen Center celebrated its grand opening last week in the renovated Courthouse on Elk Grove Boulevard to provide services to the city's teens. Requested the City Attorney research and return information on the possibility of imposing an ordinance prohibiting the sale of narcotic paraphernalia. There was Council concurrence to return the  improvement funding for the City'sir interchanges.  beers and sausages.  information to the Council.  Mayor Soares  Announced that on October 17, the City will celebrate the new library facility. In the evening, the Rural Road Standards workshop will be held. On October 26, the groundbreaking of the "Rose Garden Park" will be held. Announced receiving correspondence from the Elk Grove Youth Soccer League reporting on the success of the Sunstroke Classic soccer tournament on August 12 and 13 and thanking City staff for their  participation in planning the event.  Eik Grove City Council Regular Meeting, October 11,2006 Page 10of12    Reported receiving correspondence, dated September 26, 2006, from Donald Borut, Executive Director of the National League of Cities on the City's receipt of the Helen Putnam Award for Excellence. The City received Council concurred on the cancellation of the November 22 and December 27 Council meetings with the possibility of a special meeting to address  the award in recognition of the e-tran transit system.  time-sensitive issues.  CLOSED SESSION  Prior to adjourning to closed session to consider the posted closed session items, the Council observed a moment of silence in recognition of the contribution made  to the City by Rebecca Adams (8:50 p.m.).  A) CONFERENCE WITH LEGAL COUNSEL = Anticipated  Litigation Two (2) Cases  Pursuant to GC Section 54956.9(b)  B) CONFERENCE WITH LEGAL COUNSEL - Existing Litigation  Pursuant to GC 54596.9(a) Four (4) cases  1. Elk Grove Community Services District V. City of Elk Grove, Sacramento Superior Court Case No. 05AS00612 Super Pallet Recycling Corporation, Gyan Kalwani V. City of Elk Grove City Council, City of Elk Grove Sacramento County Superior Court Case No. 06CS00044 Quail Ranch Estate Association V. City of Elk Grove, et. al. Sacramento County Superior Court Case No.  2.  3.  06CS00442  4.  California Department of Transportation V. City of Elk Grove, et.al. Sacramento County Superior Court Case No.  06CS00462  C) CONFERENCE-WIHREALPROPERPY-NEGOHATORS  Purswant0-GC-SecH0A54596.8  One(1)case  Elk Grove City Council Regular Meeting, October 11, 2006 Page 11 of12    Preperty-APN: Agency-Negetiaters:  126-0141-004,126-0141-038 ARRORY-MaRzaneN,CIV-AROey MPAACny OAA-Danie'sen,Ciy-Manager  PrepenyowperNegotaosSewCH.sbAENS  Co.  UnderNegetiation:  PHGe-aRG-OFPS-FPaymentOFtne Purshase,sale,exehange-eFlease  ofthe-property  At 9:10 p.m. Mayor Soares reconvened the Regular City Council meeting and pursuant to Government Code section 54957.7(b) disclosed that there was no  reportable action taken in closed session.  ADJOURNMENT  With no additional business to conduct, the October 11, 2006 City Council meeting  was adjourned at 9:10 p.m.  ATTEST: hh RICK SOARES, MAYOR CITY OF ELK GROVE  B  Elk Grove City Council Regular Meeting, October 11, 2006 Page 120 of12