CITY OF ELK GROVE Incorporated. July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, September 13, 2006  REGULAR MEETING  CALL TO ORDER/ROLL CALL  Mayor Soares called the regular City Council meeting of September 13, 2006 to  order at 6:30 p.m. Present: Absent:  Mayor Soares, Mayor Pro Tem Scherman, Council Members  Briggs, and Cooper Council Member Leary  Assistant City Manager Jim Estep led the Pledge of Allegiance.  APPROVAL OF AGENDA  Motion: M/S Briggs/Scherman to approve the September 13, 2006 City Council agenda. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent:  1( (Leary)  PRESENTAIONSIANNOUNCEMENIS  A presentation was provided by Cedar Kehoe on audio and visual upgrades to the Mayor Soares recognized Council Member Cooper for intervening in a recent incident wherein a distraught person was threatening suicide at Bond Road and SR 99. Councik- Member Cooper spotted the situation and was able to Mayor Pro Tem Scherman announced the City was awarded with the Helen Putnam Award of Excellence at the Annual League of California Cities conference  Council Chamber.  successfully resolve the situation without harm to the individual.  inre recognition of the City's e-tran system.  PUBLIC COMMENT (Matters Not On The Agenda)  Constance Conley said that she has been maligned and threatened and announced that she is not a write-in candidate for the Elk Grove City Council. She expressed concern on behalf of citizens that the City has not regulated alcohol, tobacco and firearm sales near public schools. She stated it is time for adoption of    school safety ordinances addressing drug-free and gun-free school zones for the protection of children. She commended the City for its efforts before the LOCC to With no additional public requests to speak, Mayor Soares closed the public  promote legislation addressing street racing.  comment opportunity.  CONSENT CALENDARITEMS  Councilmember Cooper announced his abstention from participating in Consent Calendar Agenda Item Nos. 5.6, 5.7, 5.8, and 5.10 due to his employment with the  Sacramento County Sheriff's Department.  Mayor Soares opened the public comment opportunity.  Chris Schulz addressed Consent Calendar Agenda Item No. 5.22 and expressed concerns about the facility's location in relation to safety for pedestrians, increased traffic and inadequate parking. She urged the Council direct a study to consider Phillip Stark addressed Consent Calendar Agenda Item No. 5.22, expressing his support for the new library facility and encouraged the Council to form a committee to address long-term parking solutions in the Old Town area to encourage  these concerns prior to purchasing the property.  patronage and enhance economic development. Mayor Soares closed the public comment opportunity.  Inr response to a request for clarification on Consent Calendar Item No. 5.7, City Attorney Manzanetti and Police Chief Simmons explained the necessity to Motion: M/S Scherman/Briggs to approve the consent calendar items, noting Council Member Cooper's abstention on Consent Calendar Item Nos. 5.6, 5.7,5.8, and 5.10. The motion passed by the following vote: Ayes: 4; Noes: 0; Agenda Item No. 5.1: Approve General Warrant No. 22460 through 23427 dated August 4, 2006 through August 25, 2006 and Electronic Fund Transfers 2007003  routinely purchase unmarked vehicles.  Absent: 1 (Leary)  and 2007013 Approved by Consent Treasurer's Reports Approved by Consent  Agenda Item No. 5.2: Receive and file the June and July 2006 Monthly  Regular CC 09-13-06 Page 20f13    Agenda Item No. 5.3: Approve Minutes of the August 9, 2006 Special City  Council Meeting Approved by Consent  Agenda Item No. 5.4: Ordinance No. 36-2006 adopted repealing Sections 2.61.021 and 2.61.022 of the Elk Grove Municipal Code relating to the conveyance  and sale of City property Second Reading  Approved by Consent  Agenda Item No. 5.5: Resolution No. 2006-217 adopted approving the reclassifications and salary ranges for the positions of Community Enhancement Coordinator to Administrative Assistant and the Manager of Risk and Loss to Risk  Manager Approved by Consent  Agenda Item No. 5.6: Resolution No. 2006-218 adopted authorizing the City Manager, or his designee, to negotiate and execute a change order to Contract No. C-06-208 with SW Allen Construction for the construction of the Police Fleet Approved by Consent by the following vote: Ayes: 3; Noes: 0; Abstentions: Agenda Item No. 5.7: Resolution No. 2006-219 adopted waiving the competitive bid requirement and authorizing the City Manager, or his designee, to enter into Approved by Consent by the following vote: Ayes: 3; Noes: 0; Abstentions: Agenda Item No. 5.8: Resolution No. 2006-220 adopted waiving the competitive bid requirement and authorizing the City Manager, or his designee, to negotiate and execute a purchase order with Elk Grove Ford for twenty 2007 Ford Crown Victoria Police interceptor vehicles not to exceed $496,618 and amending the Police Department's 2006-07 fiscal year budget by transferring $248,000 from the Approved by Consent by the following vote: Ayes: 3; Noes: 0; Abstentions: Agenda Item No. 5.9: Resolution No. 2006-221adopted authorizing the City Manager, or his designee, to execute an amendment to the existing professional services contract with Associated Right of Way Services (#C-05-564) for additional right-of-way services for the Grant Line Road Widening Project and increase the  Facility at the Corporation Yard  1(Cooper)  contracts with vendors to purchase unmarked police vehicles  1(Cooper)  Capital Facilities Fee Police Fund  1(Cooper)  not-to-exceed compensation for the contract to $306,000  Approved by Consent  Regular CC 09-13-06 Page 3 of13    Agenda Item No. 5.10: Resolution No. 2006-222 adopted waiving competitive bid requirement and authorizing the City Manager, or his designee, to negotiate and execute an amendment to Contract #C-06-141 with Thunderworks Mobile Engineering Technologies in an amount not to exceed $360,000 to equip twenty 2007 Ford Crown Victoria Police interceptor vehicles and amend the Police Department's 2006-07 fiscal year budget by transferring $180,000 from the Capital Approved by Consent by the following vote: Ayes: 3; Noes: 0; Abstentions: Agenda Item No. 5.11: Resolution No. 2006-223 adopted correcting language as requested by the California Public Employees' Retirement System for paying and  Facilities Fee Police Fund 1(Cooper)  reporting the value of Employer Paid Member Contributions  Approved by Consent  Agenda Item No. 5.12: Resolution No. 2006-224 adopted excepting from Planning Commission review the disposition of real property related to certain  street projects Approved by Consent  Agenda Item No. 5.13: Resolution No. 2006-225 adopted in support of the infrastructure bond measures on the November 2006 ballot; Propositions 1A, 1B,  1C, and 1E Approved by Consent  Agenda Item No. 5.14: Resolution No. 2006-226 adopted authorizing the City Manager, or his designee, to execute an amendment extending the contract with Bickmore Risk Services for Safety and Risk Management professional services  through August 31, 2007 Approved by Consent  Agenda Item No. 5.15: Resolution No. 2006-227 adopted approving the Parcel Map and Subdivision Improvement Agreement for Subdivision No. 03-477.03 Elk  Grove Auto Mall Expansion (Phase III) Approved by Consent No. 05-942.00 Raley's Center Approved by Consent  Agenda Item No. 5.16: Resolution No. 2006-228 adopted approving Parcel Map  Agenda Item No. 5.17: Resolution No. 2006-229 adopted acknowledging obligations imposed by the Sacramento Countywide Transportation Mitigation Fee Program (SCTMFP), and prior to April 1, 2009 implementing the 30-year SCTMFP fee in accordance with Sacramento Transportation Authority Resolution STA-06-  Regular CC 09-13-06 Page 4 of13    0006 and other guidelines to be developed between the City of Elk Grove and  Sacramento Transportation Authority Governing Board.  Approved by Consent  Agenda Item No. 5.18: Resolution No. 2006-230 adopted approving the Final Map and Subdivision Improvement Agreement for Subdivision No. 04-616.00  Tributary American Dream Approved by Consent  Agenda Item No. 5.19: Resolution No. 2006-231 adopted authorizing the City Manager, or his designee, to execute an agreement with Sacramento Regional Transit District (RT) to exchange the City's Federal Transit Administration funds for  an equal amount of RT agency funds Approved by Consent  Agenda Item No. 5.20: Resolution No. 2006-232 adopted rejecting the bid received for the Bruceville Road /H KinderCare Frontage improvements and the Elk Grove Boulevard widening adjacent to Sabrina Lane Project and authorizing the  City Engineer to re-bid the project Approved by Consent Public Art Design Guidelines Approved by Consent  Agenda Item No. 5.21: Directed the Elk Grove Committee for the Arts to draft  Agenda Item No. 5.22: Resolution No. 2006-233 adopted: 1) authorizing the City Manager, or his designee, to execute a purchase and sale agreement with Thomas Simas Land, LLC, for real property located at 8900 Elk Grove Boulevard for use as a public library facility, 2) finding that the acquisition and proposed use isi in conformance with the City's General Plan and that the project qualifies for categorical exemption in accordance with CEQA Guidelines Section 15303, and 3) amending the 2006-07 fiscal budget by $3,800,000 (APN 125-0141-001 and 125-  0141-039) Approved by Consent  Agenda Item No. 5.23: Resolution No. 2006-234 adopted authorizing the City Manager, or his designee, to execute an amendment to the professional services contract with Bender Rosenthal, Inc., for right-of-way acquisition services for the Sheldon Road/State Route 99 Interchange Project and increase the not-to-exceed  compensation for the contract to 51,169245/C-05-556)  Approved by Consent PUBLIC HEARINGS  Regular CC 09-13-06 Page 5 of13    Agenda Item No. 6.1: A public hearing to consider the G.K. Homes Waterman Subdivision application for Rezone from AR-10 (Agricultural Residential, 10 acres/unit)) to O (Open Space/Recreation), a Tentative Subdivision Map for 22 residential lots, and a Subdivision Design Review for Project No. EG-03-410 RECOMMENDATION: Staff recommended that Council take the following 1. Adopt a Mitigated Negative Declaration and Mitigation Monitoring and 2. Introduce and waive the full reading, by substitution of title only, an Ordinance amending the City's Zoning Map from AR-10 to O for G.K. Homes Waterman Subdivision Project No. EG-03-410 (APN: 127-0140-019-0000) 3. Adopt resolution approving the Tentative Subdivision Map and Subdivision Design Review for Project No. EG-03-410, subject to the Findings and  located at 9291 Waterman Road  actions:  Reporting Program (MMRP) for Project No. EG-03-410  Conditions of Approval and MMRP  Mayor Soares declared the public hearing open at 6:52 p.m. Planning Commission's recommendation to approve the project.  Culley Thomas, Project Planner, provided an overview of the staff report and the Inr response to Mayor Soares' question in relation to lighting at the park sports facility, staff reported they would ascertain the information and also include the Mayor Soares also questioned whether the remainder of Waterman Road Bob Lee, City Engineer, responded that the reconstruction of Waterman Road is not scheduled for in the next two years' capital improvement plan and noted that the project is conditioned to have transition lanes to the subdivision. Mayor Soares opened the public comment opportunity at 7:00 p.m.  information on future staff reports for other projects. widening would be complete prior to the subdivision.  Steve Detrick withdrew his request to speak.  Phillip Stark commented on the anticipated cooperation with the Elk Grove Community Services District on the project (relative to the park). He questioned the possibility of East Park being opened to Waterman Road and expressed a concern regarding the connection to Rancho. He encouraged the traffic flow be  north or south but not through to Waterman Road.  Mayor Soares closed the public comment opportunity at 7:02 p.m.  Regular CC 09-13-06 Page 6 of13    Inr response to Mayor Soares' invitation, the applicant declined the presentation Motion #1: M/S Cooper/Scherman to adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) for Project No. EG-03- 410. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 Motion #2: M/S Cooper/Scherman to introduce and waive the full reading, by substitution of title only, Ordinance No. 37-2006 amending the City's Zoning Map from AR-10 to O for G.K. Homes Waterman Subdivision Project. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Leary) Motion #3: M/S Cooper/Scherman to adopt Resolution No. 2006-235 approving the Tentative Subdivision Map and Subdivision Design Review for Project No. EG-03-410, subject to the Findings and Conditions of Approval and MMRP and that this and future projects be conditioned to require the developer to notify residents, in writing, and to erect public signs, identifying the park area as a future site of a lighted recreational facility. The motion passed by the following Mayor Pro Tem Scherman recognized EGCSD Board of Director Member Doug  opportunity.  (Leary)  vote: Ayes: 4; Noes: 0; Absent: 1 (Leary) McElroy's attendance at the Council meeting.  Agenda Item No. 6.2: A Tax Equity and Fiscal Responsibility Act hearing regarding issuance of bonds by the California Statewide Communities Development Authority (CSCDA) for Waterman Square on behalf of La Amistad NOTE: Council Action on ITEM No. 6.2 was considered out of order and voted RECOMMENDATION: Adopt resolution approving the issuance of tax-exempt revenue bonds not to exceed $14 million by the CSCDA for the purpose of financing the acquisition and construction of the Waterman Square project, an affordable multi-family residential housing project located at 9150 and 9160  Elk Grove Investors, L.P. upon prior to Item No. 7.2.  Waterman Road  Mayor Soares declared the public hearing open at 7:05 p.m.  Jennifer Estrella, Project Planner provided an overview of the staff report and  recommendation.  Regular CC 09-13-06 Page 7of13    Mayor Soares opened the public comment opportunity at 7:07 p.m.  Cyrus Youssefi, representing applicant CFY Development, Inc., provided background on the company's affordable housing development experience and proposed project. Mr. Youssefi requested Council approval of the project financing. Mr. Youssefi identified legal Counsel Pat Sablehaus, and CFY  Development partner John Cicerone in attendance. public comment on Agenda Item No. 7.2.  David Hill requested the Council table action on Agenda Item No. 6.2 pending  Mayor Soares closed the public comment opportunity at 7:15 p.m.  Item No. 6.2 was tabled to be considered in conjunction with Item No. 7.2 by Agenda Item No. 6.3: A public hearing to consider approval of the 2005-06 Consolidated Annual Performance and Evaluation Report (CAPER)  Council consensus.  RECOMMENDATION:  Adopt resolution approving the 2005-06 CAPER  Mayor Soares declared the public hearing open at 7:16 p.m.  Pamela Speciale, CDBG Coordinator provided an overview of the staff report and  recommendation.  Mayor Soares opened the public comment opportunity at 7:17 p.m.  There were no public requests to speak.  Mayor Soares closed the public comment opportunity at 7:19 p.m.  Motion: M/S Scherman/Briggs to adopt Resolution No. 2006-236 approving the 2005-06 CAPER. The motion passed by the following vote: Ayes: 4; Noes: 0;  Absent: 1 (Leary)  REGULAR, AGENDA ACTION TEHSRECOMMENDATONS  Agenda Item No. 7.1: Response to LAFCO regarding the proposed Elk Grove RECOMMENDATION: Direct the City Manager to submit comments to LAFCO about the proposed Elk Grove CSD - Galt Fire Protection District reorganization  CSD - Galt Fire Protection District reorganization.  Regular CC 09-13-06 Page 8 of13    that are consistent with the research report prepared by Dr. Robert Waste & John Danielson, City Manager, reported that Dr. Waste was engaged to research the proposed Elk Grove CSD/G Galt Fire Protection District merger in response to requests from Sacramento Local Agency Formation Commission (LAFCo). Mr. Danielson introduced Dr. Waste and requested the Council provide direction on Dr. Robert Waste, Robert Waste & Associates, reported that the merger of the two entities would improve fire suppression services and improve public safety in the south area. The merger would also improve pay, staffing, training, equipment Dr. Waste expressed concern with the proposal advanced by EGCSD relative to governance wherein a Galt representative may be elected to serve on the Board with voting authority over parks and recreation services within the Elk Grove Dr. Waste noted reviewing six governance models with Peter Detwiler, Staff Director for the California State Senate's Committee on Local Government. Dr. Waste concluded that the best governance option would be merge the two fire entities, to detach the parks and recreation function from the EGCSD and to  Associates  how to proceed in responding to LAFCo requests.  and facility levels.  boundaries.  assign that function to the City of Elk Grove.  Mayor Soares opened the public comment opportunity at 7:38 p.m.  Steve Foster, Fire Chief and representing the Elk Grove Community Services District, characterized the City's actions concerning the proposed merger as disgraceful", stating that the report prepared was a political hit piece" furthering the City's effort to overtake the CSD parks and recreation programs. Chief Foster noted that Dr. Waste did not contact CSD administration to attain input for the report nor did he attend public hearings wherein discussion on the merger was considered. He urged the Council to stop the "political shenanigans" and work Dyric Ramirez, candidate for the Elk Grove CSD Board of Directors, reported his goal is to end the litigation between the CSD and the City. He favored the merger of the fire services, and parks operations by the City. He opposed election of Galt representation to the CSD board of directors with voting authority over parks issues. He referenced the City's effort to support the purchase of the Elk Grove  together to serve the community.  Regional Park - rejected by the CSD.  Regular CC 09-13-06 Page 9 of13    Jake Rambo, candidate for the Elk Grove CSD Board of Directors, supported the fire services merger and retaining the Parks and Fire services together. He offered a plan to Dr. Waste to keep the services together, calling for a planning- commission like board" to address parks as well as creating a spending ratio to Connie Conley reported on the first "Elk Grove Community Summit" on August 21. She noted community support to end the disagreement between the Elk Grove CSD and the City. She urged the Council to put the citizens first. Mayor Soares closed the public comment opportunity at 7:49 p.m. The following action was taken after Council discussion:  protect parks funds from being expended by fire services.  Motion: M/S Scherman/Briggs to direct the City Manager to submit comments to LAFCO about the proposed Elk Grove CSD = Galt Fire Protection District reorganization consistent with the research report prepared by Dr. Robert Waste & Associates (Resolution No. 2005-252). The motion passed by the following  vote: Ayes: 4; Noes: 0; Absent: 1 (Leary)  Agenda Item No.7.2: affordable housing project.  Consideration of $7,460,000 financial commitment  and implementing loan documents for the Waterman Square multi-family RECOMMENDATION: Adopt resolution approving a financial commitment of $7,460,000 and authorizing the City Manager, or his designee, to prepare and execute the implementing loan documents for the Waterman Square project, a proposed multi-family affordable housing project located at 9150 and 9160  Waterman Road  Jennifer Estrella, Project Planner, provided an overview of the financial request of La Amistad and CFY Development and staff's recommendation. Ms. Estrella noted amending the proposed resolution to utilize Federal HOME funds if available  tor reduce the loan amount by the City.  Mayor Soares opened the public comment opportunity at 8:02 p.m.  David Hill opposed Council approval of the loan. He questioned the adequacy of the City's notification process. He referenced Council's action denying approval of a similar project proposed at Waterman and Elk Grove Boulevards. Mr. Hill questioned the financial feasibility of the loan comparable to other projects. He John Cicerone, representing CFY Development, in response to Mr. Hill's comment, attributed the increase to per unit cost to construction cost increases.  characterized the project as too large, ill-timed and poorly located.  Regular CCO 09-13-06 Page 10of13    He also stated that the site has adequate service with public transportation  availability.  Mayor Soares closed the public comment opportunity at 8:10 p.m. NOTE: Action related to Item No. 6.2 was heard out of order as listed below. Motion Item No. 6.2: M/S Briggs/Scherman to adopt Resolution No. 2006-237 approving the issuance of tax-exempt revenue bonds not to exceed $14 million by the CSCDA for the purpose of financing the acquisition and construction of the Waterman Square project, an affordable multi-family residential housing project located at 9150 and 9160 Waterman Road. The motion passed by the Motion Item No. 7.2: M/S scherman/Brggs to adopt Resolution No. 2006-238 approving a financial commitment of $7,460,000 and authorizing the City Manager, or his designee, to prepare and execute the implementing loan documents for the Waterman Square project, a proposed multi-family affordable housing project located at 9150 and 9160 Waterman Road. The motion passed by the  following vote: Ayes: 4; Noes: 0; Absent: 1 (Leary)  following vote: Ayes: 3; Noes: 1 (Soares); Absent: 1 (Leary)  GENERAL ADMINISTRATION INFORMATION  City Attorney Manzanetti reported that staff is reviewing the issue of invocations at Council meetings in respect to court decisions and noted information will be Chief Simmons reported that the Police Department is reviewing the process of a rewards program through Crime Alert. Funding is secured through donations and fund raisers with no cost to the city. No Council action is required to establish the  returned for Council consideration at future meeting.  program.  COUNCIL COMMENTSFUTURE AGENDAI ITEMS  Mayor Pro Tem Scherman  Reported that the Senior Center is enjoying transit service from that location through the efforts of Assistant City Manager Estep  and Transit Manager Carlos Tobar,.  Reported that shuttle service will be provided by the City within the park during the annual Elk Grove Community Service District Harvest Festival to the Rhoads School House and the Hotel.  Regular CC 09-13-06 Page 11of13    Reported that as a result of the current labor action by Sacramento County employees, the Sacramento Regional County Sanitation District Board announced at its meeting this morning that the District isn maintaining critical essential sewage and wastewater treatment functions. Regulatory obligations are being met but there are risks to the community with critical operations deployed utilizing limited staff. The public was asked to report incidents of overflowing sewage, Reported attending the Cal LAFCO and League of California Cities conferences. She noted the team effort by Council Members and  suspicious activity and vandalism (875-6730).  staff to benefit community interests.  Council Member Briggs  Reported attending the League of California Cities annual Conference at which 478 cities collaborated to aggressively support Requested staff to look into locating garbage receptacles throughout the city at intersections to provide an opportunity to properly dispose Reported a public hearing will be held by the Sacramento Metropolitan Air Quality District on September 28, 9:30 a.m. to consider the prohibition of permanently installed uncontrolled fireplaces in new developments or existing homes  street racing legislation.  of trash.  www.arqualtyorg).  The Teen Center will be open for business at its new location on Elk Reported receiving complaints relative to the pervasive use of "boom boxes". Questioned whether there is an ordinance to allow  Grove Boulevard tomorrow.  enforcement of boom boxes.  Chief Simmons responded that the enforcement of boom boxes is provided by  State law and the department has been issuing citations.  Questioned whether the Public Works Department has a program to address the obstruction of signs by trees overgrowth.  Regular CC 09-13-06 Page 12 of13    City Engineer Bob Lee responded that the Public Works field crews are checking the signs for obstructions. Referrals by the public are routinely checked the day of  or the day after the complaint is received.  Mayor Soares  Announced a meeting with the school district to discuss implementation of the street racing video. Offered that during discussions such issues as the boom box might be discussed. Announced that Assemblymember Alan Nakanishi will be hosting a town-hall forum to discuss identity theft on Tuesday, September 19, at 6:00 p.m. in the Elk Grove City Council Chambers. Preliminary work on the Regional Transit District budget was considered by the Board to asses what long-term Federal funding might be available. Anumber of programs, including the bus rapid transit program has currently been set aside. He encouraged Transit Manager Tobar actively keep RT apprised of BRT progress in the event RT might be able to take advantage of new developments.  CLOSED SESSION None scheduled. ADJOURNMENT  With no additional business to conduct, the September 13, 2006 City Council  meeting was adjourned at 8:30 p.m.  PEGGYUACKSON, CITYCLERK Cm  ATTEST: Mh RICK SOARES, MAYOR CITY OF ELK GROVE  Regular CC 09-13-06 Page 13of13