CITY OF ELK GROVE Incorporated. July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, September 27, 2006  REGULAR MEETING  CALL TO ORDER/ROLL CALL  Mayor Soares called the regular City Council meeting of September 27, 2006 to  order to 6:34 p.m. Present: Absent:  Mayor Soares, Mayor Pro Tem Scherman, Council Members  Briggs, Cooper, and Leary  None  Mayor Soares led the Pledge of Allegiance.  APPROVAL OF AGENDA  Motion: M/S Leary/Scherman to approve the September 27, 2006 City Council agenda, with the exception of Item No. 6.5 which was continued to the regularly scheduled City Council meeting of October 11, 2006. The motion passed by the  following vote: Ayes: 5; Noes: 0 PRESENTATIONS/ANNOUNCEMENTS  Transit Manager Carlos Tobar introduced Tony Cardenas, Public Affairs Regional Manager, League of California Cities, Sacramento Valley Division, who presented the "Helen Putnam Award of Excellence" to Mayor Soares in recognition of the Police Chief Simmons provided an introduction and presented a Street Racing educational film, "In the Blink of an Eye". The video was produced to educate the  success of the City's e-tran transit system.  public on the consequences of street racing.  PUBLIC COMMENT (Matters Not On The Agenda)  Nikki Carpenter lodged complaints about the inefficient operation and  management of the e-tran system.    CONSENT CALENDARITEMS  Council Member Leary announced his and Council Member Cooper's  abstentions:  "Mr. Cooper and I are employed by the Sacramento Sheriff's Department. Therefore, we will not be participating in that particular item lagenda item no. 6.7]. The record should reflect our recusal on this particular item and our abstention from participating in this matter. In addition to our recusal here today, we have not made, participated in making, or otherwise influenced or attempted to  influence this decision." There were no public requests to speak.  Motion: M/S Scherman/Cooper to approve the consent calendar items. The Agenda Item No. 5.1: Minutes of the August 9, 2006 and September 13, 2006  motion passed by the following vote: Ayes: 5; Noes: 0 Regular City Council Meetings approved as submitted.  Approved by Consent  Agenda Item No. 5.2: October 2006 was proclaimed as Disability Awareness  Month  Approved by Consent  Agenda Item No. 5.3: Resolution No. 2006-239 adopted accepting subdivision  improvements for Newton Ranch Unit 3 (EG-03-497-03)  Approved by Consent  Agenda Item No. 5.4: Resolution No. 2006-240 accepting the Lewis Stein Road project as complete and authorizing the City Engineer to prepare the Notice of Completion and directing the City Clerk to file the Notice of Completion with the  Sacramento County Recorder Approved by Consent  Agenda Item No. 5.5: Ordinance No. 37-2006 adopted amending the City's Zoning Map from AR-10 to O for the G.K. Homes Waterman Subdivision Project  No. EG-03-410 (APN: 127-0140-019-0000) Second Reading  Approved by Consent Parcel Map No. 03-468.00 Approved by Consent  Agenda Item No. 5.6: Resolution No. 2006-241 adopted approving Gulick  City Council Page 2 of10  Regular Meeting 09/27/06    Agenda Item No.5.7: Resolution No. 2006-242 adopted initiating an application to the Sacramento Local Agency Formation Commission to amend the sphere of influence and annex property within the East Franklin Specific Plan area (Franklin  Crossing EG-04-727) Approved by Consent PUBLIC HEARINGS  Mayor Soares announced that Public Hearing Item Nos. 6.1, 6.2, 6.3 and 6.4 would be considered concurrently. He declared the public hearings for each to be Andrew Griffin, Finance Analyst, was available to answer questions related to the With no public requests to speak, Mayor Soares closed the public comment Agenda Item No.6.1: A public hearing to consider adoption of resolutions calling an election and declaring results of the special election for annexation to Community Facilities District No. 2006-1 (Maintenance Services) and the introduction of an ordinance levying and apportioning a special tax to the annexing RECOMMENDATION: Staff recommended that the Council take the following 1. Adopt resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2006-1 (Maintenance Services); 2. Adopt resolution declaring results of the special election held on September 27, 2006 and ordering the annexation of territory to Community Facilities District No. 2006-1 (Maintenance Services) Annexation No. 3; and 3. Introduce and waive the full reading, by substitution of title only, an Ordinance levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) Annexation No. 3. Motion#1: M/S Leary/Cooper to adopt Resolution No. 2006-243 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2006- 1( (Maintenance Services). The motion passed by the following vote: Ayes: 5; The City Clerk announced that of 50 possible votes, 50 votes were cast in favor of authorizing the City Council to levy the special tax in the annexation area. Note to  open at 7:01 p.m.  financing district annexations.  opportunity and the public hearings at 7:02 p.m.  area (Annexation No. 3)  actions:  Noes: 0  City Council Page 3 of10  Regular Meeting 09/27/06    correct statement: of 52 possible votes, 52 votes were cast in favor of the Motion #2: M/S Leary/Scherman to adopt Resolution No. 2006-244 declaring results of the special election held on September 27, 2006 and ordering the annexation of territory to Community Facilities District No. 2006-1 (Maintenance Services) Annexation No. 3; and to introduce and waive the full reading, by substitution of title only, Ordinance No. 38-2006 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) Annexation No. 3. The motion passed by the following  levy.  vote: Ayes: 5; Noes: 0  Agenda Item No. 6.2: A public hearing to consider adoption of a resolution determining to levy Street Maintenance Assessments for certain properties in the Laguna area which represents Annexation No. 4 into Street Maintenance District  No. 1 - Zone 2 RECOMMENDATION:  Adopt resolution determining to levy assessments in Street Maintenance District Motion: M/S Leary/Briggs to adopt Resolution No. 2006-245 determining to levy assessments in Street Maintenance District No. 1 - Zone 2 - Laguna Area (Annexation 4). The motion passed by the following vote: Ayes: 5; Noes: 0 Agenda Item No. 6.3: A public hearing to consider adoption of a resolution determining to levy Street Maintenance Assessments for certain properties in the Eastern area which represents Annexation No. 10 into Street Maintenance District  No. .1-Z Zone 2-L Laguna Area (Annexation 4)  No. 1 - Zone 3 RECOMMENDATION:  Adopt resolution determining to levy assessments in Street Maintenance District Motion: M/S Scherman/Briggs to adopt Resolution No. 2006-246 determining to levy assessments in Street Maintenance District No. 1 - Zone 3- Eastern Area (Annexation 10). The motion passed by the following vote: Ayes: 5; Noes: 0 Agenda Item No. 6.4: A public hearing to consider a resolution determining to levy assessments in Street Maintenance District No. 1 - Zone 4 for certain properties located in the Northeast Franklin area which represents Annexation No.  No. 1-Z Zone 3 - Eastern Area (Annexation 10).  2 into Street Maintenance District No. 1 - Zone 4  City Council Page 4 of1 10  Regular Meeting 09/27/06    RECOMMENDATION:  Adopt resolution determining to levy assessments in Street Maintenance District Motion: M/S Scherman/Briqgs to adopt Resolution No. 2006-247 determining tol levy assessments in Street Maintenance District No. 1 Zone 4 = Northeast Franklin (Annexation No. 2). The motion passed by the following vote: Ayes:  No. 1 - Zone 4 - Northeast Franklin (Annexation No. 2)  5; Noes: 0  NOTE: Item No. 6.5 was continued to the regularly scheduled City Council meeting of October 11, 2006 (See action at Approval of the Agenda). Agenda Item No. 6.5: A public hearing 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, APN116-0012-050)  Agenda Item No. 6.6: A public hearing to consider establishing a fee schedule for  "Public Nuisance" Ordinance 35-2006 RECOMMENDATION:  Adopt resolution establishing a fee schedule for "Public Nuisance" Ordinance 35-  2006  Mayor Soares declared the public hearing open at 7:05 p.m.  Candy Armstrong, Community Enhancement Manager, provided an overview of With no public requests to speak, Mayor Soares closed the public comment Motion: M/S Briggs/Scherman to adopt Resolution No. 2006-248 establishing at fee schedule for "Public Nuisance" Ordinance 35-2006. The motion passed by  the staff report and recommendation.  opportunity and the public hearing at 7:06 p.m.  the following vote: Ayes: 5; Noes: 0  Agenda Item No. 6.7: A public hearing to consider adoption of resolutions calling an election and declaring results of the special election for annexation to Community Facilities District No. 2003-2 (Police Services) and to introduce and waive the full reading, by substitution of title only, an Ordinance levying and apportioning the special tax to the annexing area (Annexation No. 12)  City Council Page 5of 10  Regular Meeting 09/27/06    Council Members Cooper and Leary vacated the Council Chambers at 7:06 p.m. during consideration of Agenda Item No. 6.7. (See recusal statement under RECOMMENDATION: Staff recommended that the Council take the following 1. Adopt resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2003-2 (Police Services) (Annexation No. 12); 2. Adopt resolution declaring the results of the special election held on September 27, 2006 and ordering the annexation of territory to Community Facilities 3. Introduce and waive the full reading, by substitution of title only, an ordinance levying and apportioning the special tax in territory annexed to Community Facilities District 2003-2 (Police Services) (Annexation No. 12). Mayor Soares declared the public hearing open at 7:06 p.m.  "Consent Calendar".)  actions:  District 2003-2 (Police Services) (Annexation No. 12); and  Andrew Griffin, Finance Analyst, was available for questions relative to the With no public requests to speak, Mayor Soares closed the public comment Motion #1: M/S Scherman/Briqgs to adopt Resolution No. 2006-249 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2003- 2 (Police Services) (Annexation No.12). The motion passed by the following The City Clerk announced that of 36 possible votes, 36 votes were cast in favor of authorizing the City Council to levy the special tax in the annexation area. Motion #2:; M/S Briggs/Scherman to adopt Resolution No. 2006-250 declaring the results of the special election held on September 27, 2006 and ordering the annexation of territory to Community Facilities District 2003-2 (Police Services) (Annexation No. 12). The motion passed by the following vote: Ayes: 3; Motion #3: M/S Briggs/Scherman to introduce and waive the full ready, by substitution of the title only, Ordinance No. 39-2006 levying and apportioning the special tax in territory annexed to Community Facilities District 2003-2 (Police Services) (Annexation No. 12). The motion passed by the following vote:  proposed annexation. opportunity a 7:07 p.m.  vote: Ayes: 3; Noes: 0; Abstentions: 2 (Cooper, Leary)  Noes: 0; Abstentions: 2 (Cooper, Leary)  Ayes: 3; Noes: 0; Abstentions: 2 (Cooper, Leary)  City Council Page 6 of10  Regular Meeting 09/27/06    Council Members Cooper and Leary returned to the Council Chambers at 7:11 p.m.  REGULAR AGENDA ACTION TEMSRECOMMENDATONS  Agenda Item No. 7.1: Consider Elk Grove Historical Society's request to waive  its $5,223 Conditional Use Permit processing fee  RECOMMENDATION:  Consider the request from the Elk Grove Historical Society to waive its Conditional Jessica Shalanunec, Senior Planner, provided an overview of the request. Mayor Soares opened the public comment period at 7:11 p.m.  Use Permit fee and provide direction.  Anita Peters, President of the Elk Grove Historical Society, requested the Council waive the fee to allow the non-profit organization to utilize the funds for other  activities.  Mayor Soares closed the public comment opportunity at 7:12 p.m.  Motion: MISLeary/Scherman to adopt Resolution 2006-251 approving the Elk Grove Historical Society conditional use permit fee waiver request. The motion  passed by the following vote: Ayes: 5; Noes: 0 GENERAL ADMINISTRATION INFORMATION  Chief Simmons announced that the Police Department received a $5,000 grant from the Milk Bone Corporation and Raley's that will benefit the Department's canine unit. As a result of a contest, elementary students participated in a contest wherein it was determined that the next canine officer will be named "Shadow". The City Clerk reported that as required by the Political Reform Act, the City's Conflict of Interest Code has been reviewed and consequently, it has been determined that the Code requires amendment. The amendment will be presented to the Council for consideration for adoption before the end of the year.  City Council Page7 7of10  Regular Meeting 09/27/06    COUNCIL COMMENTSFUTURE AGENDA ITEMS Reports on Regional Boards, Commissions, Committees  Council Member Briggs  Reported attending the donation ceremony at which Kraft Foods donated For response from Public Works, questioned whether the pedestrian overcrossing over Laguna Boulevard at Laguna Creek will be a part of the City Engineer Bob Lee answered that staff has compiled preliminary cost estimates on the project and intend to present the information with the capital Announced that the Air Quality Management Board will not be meeting this month due to lack of a quorum. There will be a hearing for 417 relating to The Rotary Club of Elk Grove is holding its "Beef and Reef" bash to raise Requested the issue of Managed Growth be returned at the next Council meeting to review and possibly take action in relation to the rollover provision which makes it possible to exceed the 1200 homes per year cap. There was Council consensus to bring back at the next meeting.  $5,000 to be used for the Police canine program. upcoming Capital Improvement Program.  improvement projects for next year.  the elimination of fireplaces in new construction. funds for the community this weekend.  Council Member Cooper  Announced there will be a SACOG meeting on October 6 to discuss the connector (SR 99 to SR 50). He anticipated progress on the JPA Requested a report on the City's employment efforts to enhance diversity as there are no women or minorities in the City's management positions. He iterated that city management should reflect the city's Announced the "Guns and Hoses" fund raising event sponsored by local fire and law enforcement personnel. The event will be held at the Scottish Rite Temple (Sacramento), Friday, October 13. Tickets are $30. There was Council consensus to discuss the diversity issue at a future  governance issue. diversity. diversity.  He commented that City management is lacking in  meeting.  City Council Page 8 of1 10  Regular Meeting 09/27/06    Mayor Pro Tem Scherman  Reported attending the SRCSD meeting, at which it was announced that there were incidents of vandalism during the recent Sacramento County Reported attending the League of California Cities (LOCC) conference during which she visited a booth of the Colton Police Department. She questioned whether the "e-key" (emergency gate opener) system could be Reported attending the Senior Center Board meeting yesterday. The Center will be holding its first Oktoberfest on October 28 at the SES Hall. Tickets are $35. Proceeds will benefit Dial-A-Ride and the Senior Center. Reported that at a recent meeting of the Cable Commission, the issue of Telecom Bill AB 2987 was discussed. He noted that it appears the Governor will sign the bill and that there were changes made to the bill that Questioned the feasibility of partnering with Elk Grove Water Works. Requested a committee comprised of Council Members and/or staff explore opportunities in relation to EGWW as well as have a financial anaiysis / audit performed on the EGWW books to consider the feasibility of After Council discussion, there was consensus that the exploration should initiate Mayor Pro Tem Scherman thanked EGWW Board Member Beale for persisting in  employee labor action.  utilized by the Elk Grove Police Department.  Council Member Leary  will benefit the Sacramento Cable Commission.  taking on or partnering with the agency.  with staff.  his endeavor to keep the water rate lower.  Mayor Soares  Reported attending the recent Regional Transit Board Meeting wherein staff presented information on service to a downtown entertainment center, and modification of light rail and busses to accommodate riders. The 20-year  Capital Improvement Program was also discussed.  Prior to adjourning to closed session, Mayor Pro Tem Scherman requested the Council meeting be adjourned in the memory of Lawrence "Larry" Irby, reporter with the Sacramento Bee. Mr. Irby covered Elk Grove city news immediately after the City's incorporation. Mr. Irby was remembered for his signoff, "Be careful crossing the street and drive friendly". The Council observed a moment of silence  prior to adjourning to closed session.  City Council Page 9 of10  Regular Meeting 09/27/06    CLOSED SESSION Item No. 10.A.1: 10.A.1)  At 7:36 p.m. the City Council adjourned to closed session to consider the Agenda  EXISTING LITIGATION Pursuant to GC 54596.9(a) One (1) case  Elk Grove Community Services District V. City of Elk Grove, Sacramento Superior Court Case No. 05AS00612  At 8:00 p.m. Mayor Soares reconvened the Regular City Council meeting and disclosed that there was no reportable action taken during closed session.  ADJOURNMENT  With no additional business to conduct, the September 27, 2006 City Council meeting was adjourned at 8:00 p.m. in the memory of Lawrence "Larry" Irby.  PEGGY.  Chn  JACKSON, CITY CLERK  ATTEST:  RICK  MAYOR  Ik SOARES, CITY OF ELK GROVE  City Council Page 10 of10  Regular Meeting 09/27/06