CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, July 12, 2006  CALLT TO ORDER/ROLL CALL  Mayor Soares called the regular City Council meeting of June 14, 2006 to order at  6:34 p.m.  Present: Absent:  Mayor Soares, Mayor Pro Tem Scherman, Councilmembers  Briggs, Cooper and Leary  None  Mayor Soares led the Pledge of Allegiance.  APPROVAL OF AGENDA  Motion: M/S Briggs/Cooper to approve the July 12, 2006 City Council meeting agenda with the removal of the closed session item from the agenda. The motion  passed by the following vote: Ayes: 5; Noes: 0 PRESENTATIONS/ANNOUNCEMENTS  Recognition of the Run 4 Independence 2006 event winners  Steve Caruso and Tim Fleming The following persons were recognized as Fit Fusion Participants: Audriana France-Ayala, Jack Gibbs, Azam Jabr, Colton Leachman, JoAnne Owens, Fernanda Pacheco, Dustin Prettyman, Dezeray  program participants and sponsors:  Reich, Katelynn Rodriguez.  Fit Fusion Physicians: Meredith Bean, John Struthers.  Sponsors: City of Elk Grove, Kaiser Permanente, Laguna Creek Real Estate, Caltronics, California Family Fitness, Running Zone, 3-Fold communications, Basalite Building Products, Paid in Full Band, Elk Grove Community Services  District.    10K - Female Run: 1st place, Megan Canova; 2nd place, Karen Kunz, 3rd place, 10K - Male Run: 1st place, Patrick Boivin; 2nd place, Jordan Kinley; 3rd place, Bryce Lighthall; 4" place, Erik Mencarini; 5"h place, Samuel Yohannes. 5K- Female Run: 1st place, Deborah Maier; 2nd place, Molly Lineback; 3rd place, Elinor Yee; 4th place, Mindy Ong; Katharine Brieger, 5" place. 5K-N Male Run: 1st place, Spencer Christy; 2nd place, Devin Jokerst; 3rd place Steve Mangiapane; 4th place, Jared Williams; 5th place, Anthony Vella.  Mariah Walker; 4th place, Kim Morgan; 5th place, Heidi Witter.  PUBLIC COMMENT (Matters not on the Agenda)  Prior to opening the public comment opportunity, Mayor Soares' requested City Attorney Manzanetti provide a history on the City's efforts negotiate an agreement to address the issue of median maintenance between the City and the Community Mr. Manzanetti reported that while under the management of CSD General Manager Rita Velasquez and legal counsel David McMurchie, an agreement was drafted and is very near completion. He noted the agreement was amended to include terms requested by the current administration, but was not finalized. Mayor Soares requested an update at the next Council meeting. that if possible, the item would return as an action item. including weed removal and tree trimming.  Services Department.  In response to Mayor Pro Tem Scherman, City Attorney Manzanetti responded Renaldo Crooks requested Council support in cleaning up median landscaping, Constance Conley asserted that Councimember Leary has violated his oath of office and reported that the Grand Jury has found him responsible for intimidating citizens of Elk Grove and for violating the color of law. She demanded Jake Rambo urged the Council take actions necessary to restore and to address median maintenance and financing immediately. He advocated for the formation of a joint study group to examine levels of service, costs and recommended a Sandi Russell addressed the Grand Jury findings in relation to Councilmember Leary's conduct, including misuse of County law enforcement equipment. She  Councimember Leary's resignation.  report be prepared as an outcome for public review.  asked that the City Council censure Councimember Leary.  Regular CC 07-12-06 Page 2of9    Gall Rossi requested Councimember Leary to step down and for the Council to Linda Ford referred to the Grand Jury findings and recommendation and Phillip Stark reported his respect for Council members though differing with some decisions that are made, e.g. Vintara Park and relocation of the Teen Center in Old Town; reported the parking lot at the Old Court House is becoming a location for used car sales. Felt a Councilmember should have attended the CSD Board meeting last evening regarding the median maintenance issue and urged the Tom Shine questioned whether policies are in place in the new Police Department to control the use of tools provided to law enforcement which may be nappropriately used; disagreed with a statement made by Mayor Soares after hearing the Jennings Wine Cellar project at the June 28 meeting to the effect, # and, ah, P'IlI take the check". (Mayor Soares corrected the statement to "Don't take Jason Daniel in respect to the Grand Jury findings, asked Councimember Leary tor resign from the Council. He urged the Council to follow the recommendation of Mark Thomas urged a permanent solution to the median maintenance issue Pat Hume urged the Council to do right by the citizens it serves to resolve the Jake Allen supported the service to the City by Councimember Leary and urged  request his resignation.  demanded CounelmemberLeany's resignation.  Council work with the CSD to resolve the issue.  the check".)  the Grand Jury to censure Counclmemberleay, through mutual effort by the City and the CSD.  median maintenance issue.  that he and the Council continue with the city's business. Mayor Soares closed the public comment opportunity.  CONSENT CALENDARITEMS  Prior to action on the consent calendar items approval, Councilmember Cooper read the following statement of recusal on behalf of himself and Councimember  Leary into the record relative to Consent items 5.2, 5.6, and 5.12:  We are both employed by the Sacramento Sheriff's Department and therefore, we will not be participating in those items. The record should reflect our recusals on each of these item and our  Regular CC 07-12-06 Page 3of9    abstention from participating in the matter. In addition to our recusal, we have not made, participated in making, or otherwise  influenced or attempted to influence this decision.  Mayor Pro Tem Scherman (Agenda Item 5.9) requested confirmation from staff that the project will include bicycle security and a bus shelter. Bob Lee responded that he will provide information back to Mayor Pro Tem Scherman. Mayor Soares opened the public comment opportunity.  Chuck Shaw commented on Agenda item No. 5.13 and requested limiting motorcycle sales to the SC zone with a requirement of a conditional use permit At Mayor Soares' request, Christine Crawford, Planning Director, stated staff is comfortable from a land-use perspective that motorcycle sales be a conditional use in the SC zone and would also be appropriate in the GC zone. She noted if the provision is modified to remove the GC reference, the ordinance will return for a second reading at the July 26 meeting and delay the effective date by two  (letter filed).  weeks.  No Council action was taken to amend the ordinance.  Motion: M/S Scherman/Leary to approve the consent calendar items with noted recusals (5.2, 5.6, 5.12). The motion passed by the following vote: Ayes: 5; Agenda Item No. 5.1: Approve Minutes of the June 14, 2006 Regular City  Noes: 0  Council Meeting Approved by Consent  Agenda Item No. 5.2: Adopt Ordinance No. 30-2006, an Ordinance of the City Council of the City of Elk Grove levying and apportioning the special tax in territory annexed to Community Facilities District No. 2003-2 (Police Services) (Annexation Approved by Consent by the following vote: Ayes: 3; Noes: 0; Abstentions: Agenda Item No. 5.3: Adopt Ordinance No. 31-2006, an Ordinance of the City Council of the City of Elk Grove levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services)  No. 11) Second Reading 2( (Cooper, Leary)  (Annexation No. 2) Second Reading Approved by Consent  Regular CC 07-12-06 Page 4 of 9    Agenda Item No. 5.4: Adopt Ordinance No. 32-2006, an Ordinance of the City Council of the City of Elk Grove repealing certain chapters of the Elk Grove Municipal Code relating to personnel and modifying Elk Grove Municipal Code  section 2.09 Second Reading Approved by Consent  Agenda Item No. 5.5: Resolution No. 2006-188 adopted authorizing the City Manager to execute a contract with Network Design Associates (NDA) for  information technology consulting services  Approved by Consent  Agenda Item No. 5.6: Resolution No. 2006-189 adopted authorizing an additional sergeant position, and authorizing the City to participate in the U.S. Department of Homeland Security Urban Area Security Initiative, and the purchase of related equipment and vehicle and to amend the fiscal year 2006-07 budget Approved by Consent by the following vote: Ayes: 3; Noes: 0; Abstentions: Agenda Item No. 5.7: Resolution No. 2006-190 adopted accepting the subdivision improvements for Stoecker Ranch and The Excelsior Group  (Police Services) 2 (Cooper, Leary)  Approved by Consent  Agenda Item No. 5.8: Resolution No. 2006-191 adopted authorizing the City Manager to execute on-call contracts with DKS Associates, Dowling Associates, Fehr & Peers Associates, Inc., Meyer Mohaddes Associates, Inc., MRO Engineers, TJKM Transportation Consultants, and Y&C Transportation  Consultants, Inc., for raftc/ransporation services  Approved by Consent  Agenda Item No. 5.9: Resolution No. 2006-192 adopted authorizing the City Manager to execute a contract with Western Engineering Contractors, Inc., for the  construction of the Laguna West Park and Ride Project  Approved by Consent  Agenda Item No. 5.10: Resolution No. 2006-193 adopted approving the Fiscal Year 2006-2007 Measure A Allocation and Expenditure Contract between the City  of Elk Grove and the Sacramento Transportation Authority  Approved by Consent  Agenda Item No. 5.11: Resolution No. 2006-194 adopted approving the Final  Map for Subdivision No. 04-666.00 Liberty Center Phase Il  Approved by Consent  Regular CC 07-12-06 Page 5of9    Agenda Item No. 5.12: Resolution No. 2006-195 adopted providing Workers' Approved by Consent vote as follows: Ayes: 3; Noes: 0; Abstentions: 2 Agenda Item No. 5.13: Adopt Ordinance No. 26-2006, an Ordinance of the City Council of Elk Grove repealing and replacing the City of Elk Grove Zoning Code Title I (General Provision), Title II (Land use Zones), and Title III (Use Regulations and Development Standards) to implement the General Plan, to reflect the desires of the community, and to improve the organization and use of the City's zoning  Compensation coverage for certain City volunteers  (Cooper/Leary  regulations Second Reading Approved by Consent  Councilmember Leary refuted comments made during public comment relative to inappropriate behavior at the Sherif's Department. Mr. Leary stated there was an allegation that he used a computer to access criminal history; internal affairs determined there was no factual basis for the complaint. He noted that he was  subsequently promoted to Lieutenant.  PUBLIC HEARINGS  Agenda Item No. 6.1: Continued public hearing to abandon an Irrevocable Offer of Dedication (1.O.D.) together with Landscape, Pedestrian and Public Utility  Easements over portions of the Elk Grove Auto Mall  (Continued from January 11, 2006)  RECOMMENDATION: Staff recommends the City Council adopt a resolution approving the abandonment of Irrevocable Offers of Dedication (1.O.D.) together with Landscape, Pedestrian, and Public Utility Easements over portions of the Elk  Grove Auto Mall  Mayor Soares declared the public hearing open at 7:41 p.m.  Bob Lee, City Engineer, provided an overview of the staff report and With no public requests to speak, Mayor Soares closed the public comment Motion: M/S Scherman/Leary to adopt a resolution (Resolution No. 2006-196) approving the abandonment of Irrevocable Offers of Dedication (1.O.D.) together with Landscape, Pedestrian, and Public Utility Easements over portions of the Elk Grove Auto Mall. The motion passed by the following vote: Ayes: 5; Noes: 0  recommendation. opportunity at 7:41 p.m.  Regular CC 07-12-06 Page 6 of9    REGULAR AGENDA ACTION TEMS/REÇOMMENDATIONS  Agenda Item No. 7.1:  Committee for the Arts 2006 Art Purchase project  RECOMMENDATION: The Elk Grove Committee for the Arts recommends that the City Council authorize the City Manager to execute a contract in a form acceptable to the City Attorney to purchase the sculpture titled, "Conjoin"by David The Elk Grove Committee for the Arts, in conjunction with staff, provides the following options should the Committee's recommendation not be authorized: Option 1: Authorize the Committee to explore other options for purchasing artwork Option 2: Take no action on the expenditure of funds on artwork at this time. Kara Myers, Management Analyst provided an overview of the staff report and recommendation. Ms. Myer recognized Michael Gill and Cheryl Griess, Arts With no public requests to speak, Mayor Soares closed the public comment Motion: M/S Cooper/Soares to adopt the Elk Grove Committee for the Arts recommendation to authorize the City Manager to execute a contract in a form acceptable to the City Attorney to purchase the sculpture titled "Cojoin" in an amount not to exceed $4,975. The motion passed by the following vote: Ayes:  Mudgett, in an amount not to exceed $4,975.00  and bring those options back to the Council.  Commission members, in attendance.  opportunity.  4; Noes: 1( (Scherman)  Agenda Item No. .7.2:  Authorize the approval of positions for sworn police  personnel, non-sworn personnel, allocate funding and approve the purchase of related equipment and vehicles and amend the fiscal year 2006-07 budget Councilmember Cooper read the full recusal statement into the record for himself and Councimember Leary abstaining from participation in this matter due to their Note: Council moved to General Administration and Council Comments prior to consideration of Agenda Item No. 7.2. On returning to consider Agenda Item No. 7.2, Councimembers Cooper and Leary vacated the dais and the Chambers at  employment with the Sacramento County Sheriff's Department.  7:51 p.m.  Regular CC 07-12-06 Page 7 of9    RECOMMENDATION: Staff recommends the City Council authorize positions  and amend the annual budget of the Police Department to:  Approve the hiring of nine sworn personnel (one sergeant and eight Approve the hiring of one non-sworn support personnel Allocate additional funding and approve the purchase of related equipment including additional enforcement vehicles Amend the Fiscal year 2006-07 Budget by $1,756,000  detective officers), (administrative assistant)  Robert Simmons, Chief of Police, introduced Lt. Bob Risedorph who provided  an overview of thei intended use of personnel and funding.  Mayor Soares opened public comment.  Constance Conley refuted the explanation provided by Councilmember! Leary Jake Rambo supported staff's recommendation and urged the City to prosecute  and voiced her support for additional positions and funding.  misdemeanors locally.  Mayor Soares closed the public comment opportunity.  Motion: M/S Briggs/Scherman to adopt a resolution (Resolution No. 2006-197) authorizing positions and amending the annual budget of the Police Department as recommended by staff and directing the City Manager to look into providing a community prosecutor. The motion passed by the following vote: Ayes: 3;  Noes: 0; Abstentions: 2 (Cooper, Leary) GENERAL ADMINISTRATION INFORMATION  Chief Simmons announced an open house of the new Elk Grove Police Department to be held on Saturday, July 15, 2006, 10 a.m. to 1 p.m.  COUNCIL COMMENTS/FUTURE AGENDA ITEMS  Councilmember Cooper  Reported the work on the connector alignment is continuing; he will not be in attendance at the next meeting and someone will  attend in his place.  Regular CC 07-12-06 Page 80 of9    CLOSED SESSION  The following closed session item was removed from the agenda at Approval of  the Agenda, by Council action: EXISTING LITIGATION Pursuant to GC 54596.9(a) One (1) case  City of Elk Grove V. LBDB Sheldon Road, LLC. etal., Sacramento County  Superior Case No. 05AS03788  ADJOURNMENT adjourned at 8: 07 p.m.  With no additional business to consider, the regular meeting of July 12, 2006  OsE, p PEGGYJACKSON, CITY CLERK  ATTEST: hk RICK SOARES, MAYOR CITY OF ELK GROVE  Regular CC 07-12-06 Page 9 of9