CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, June 28, 2006  CALL TO ORDER/ROLL CALL  Mayor Soares called the regular City Council meeting of June 28, 2006 to order at  6:30 p.m.  Present: Absent:  Mayor Soares, Mayor Pro Tem Scherman, Councimembers  Briggs, Cooper and Leary  None  Mayor Soares led the Pledge of Allegiance.  APPROVAL OF AGENDA  Councilmember Briggs requested agenda item 7.1 be removed to a future date. Motion: M/S Briggs/Cooper to approve the June 28, 2006 City Council meeting agenda with the removal of Item 7.1. The motion passed by the following vote:  Ayes: 5; Noes: 0.  PRESENTATIONSIANNOUNCEMENTS  Representatives of the Elk Grove Cal Ripkin Baseball League thanked the City Council for its support in hosting the "10 and Under" and "12 and Under" state tournaments, which run from July 5 through July 14. Councilmembers were presented with league balls and refreshment tickets for the events. Councilmember Cooper presented the League with a check on behalf of the City in the amount of $6,278.24. He also encouraged local businesses to support the  league.  PUBLIC COMMENT(Maters not on the Agenda)  Tim Fleming promoted attendance at and participation in the City of Elk Grove sponsored Run 4 Independence at Elk Grove Park on July 4 and thanked staff for  its support. He provided tee shirts and fliers for the public.    Barbara Lemar commented on reported vandalism to trees at Mendosa Park; commented on Councilmember Cooper's absence at the Grant Line Connector meeting held on June 27; refuted Mayor Soares' explanation on PG&E's participation in the Bond Road reconstruction project and quoted an article from Janet Toppenberg invited the Council and public to the 10th Annual Salute to the Red, White and Blue in Elk Grove Park on July 4. She also announced a  The Elk Grove Citizen.  luncheon meeting to discuss economic development issues.  CONSENT CALENDARITEMS  Prior to action on the consent calendar items approval, Councilmember Leary read the following statement of recusal on behalf of himself and Councilmember  Cooperinto the record:  Mr. Cooper and I are employed by the Sacramento Sheriff's Department. Therefore, we will not be participating in Consent Items 5.2, 5.6, 5.7,5.9,5.19 and 5.20. The record should reflect both our recusals on each of these items and our abstention from participating in these matter. In addition to our recusals here today, we have not made, participated in making, or otherwise influenced  ora attempted to influence the decision.  Prior to a vote, Councimember Leary amended the recusal statement to include Motion: M/S Briggs/Scherman to approve the consent calendar items. The Agenda Item No. 5.1: Approve General Warrant No. 20877 through 21530 dated  Consent Calendar Agenda Item No. 5.8.  motion passed by the following vote: Ayes: 5; Noes:0  May 15, 2006 through June 16, 2006 Approved by Consent  Agenda Item No. 5.2: Adopt Ordinance No. 25-2006, an Ordinance making the City eligible for Commission on Police Officer Standards and Training (POST) aid Approved by consent by the following vote: Ayes: 3; Noes: 0; Abstentions:  and authorizing the Chief of Police to deputize qualified persons  Second Reading 2( (Cooper, Leary)  Elk Grove City Council  Regular Meeting, Wednesday, June 28, 2006  Page 2of13    Agenda Item No. 5.3: Adopt Ordinance No. 27-2006, an Ordinance levying and apportioning the special tax in Community Facilities District No. 2006-1  (Maintenance Services) Second Reading Approved by Consent  Agenda Item No. 5.4: Resolution No. 2006-167 adopted approving the Transportation Development Act (TDA) claim and authorize submission to SACOG for local transportation funds and State transit assistance for fiscal year 2006-07 Agenda Item No. 5.5: Adopt Ordinance No. 28-2006, an Ordinance amending the City of Elk Grove Zoning Map for the City Initiated Commercial Rezone Project  Approved by Consent  Second Reading Approved by Consent  Agenda Item No. 5.6: Resolution No. 2006-168 adopted authorizing the City Manager, or his designee, to execute a contract amendment with Madeira Group International for pre-employment background investigation services (Police Approved by consent by the following vote: Ayes: 3; Noes: 0; Abstentions: Agenda Item No. 5.7: Resolution No. 2006-169 adopted approving the California Disaster and Civil Defense Master Mutual Aid Agreement (Police Approved by consent by the following vote: Ayes: 3; Noes: 0; Abstentions: Agenda Item No. 5.8: Resolution No. 2006-170 adopted providing for the levy of a special tax in Community Facilities District No. 2003-1 (Poppy Ridge) for fiscal Approved by consent vote by the following vote: Ayes: 3; Noes: 0; Agenda Item No. 5.9: Resolution No. 2006-171 adopted providing for the levy of the special tax in Community Facilities District No. 2003-2 (Police Services) for Approved by consent vote; the motion passed by the following vote: Ayes: Agenda Item No. 5.10: Proclamation to recognize the Red, White and Blue  Services) 2(Cooper, Leary)  Services) 2( (Cooper, Leary)  year 2006-2007  Abstentions: 2 (Cooper, Leary)  fiscal year 2006-2007  3; Noes: 0; Abstentions: 2 (Cooper, Leary)  celebration for July 4, 2006 Approved by Consent  Elk Grove City Council  Regular Meeting, Wednesday, June 28, 2006  Page 3 of13    Agenda Item No. 5.11: Resolution No. 2006-172 adopted approving the Final Map and Subdivision Improvement Agreement for Subdivision No. 04-617.00 The  Excelsior Group Approved by Consent  Agenda Item No. 5.12: Resolution No. 2006-173 adopted rejecting the bid received for construction of the Harbour Point Drive Improvements Project and authorize the City Engineer to re-advertise for bids for the installation of signals at  Renwick Avenue and Galen Drive Approved by Consent  Agenda Item No. 5.13: Resolution No. 2006-174 adopted accepting the subdivision improvements for South Meadows Unit 2, Gilliam Meadows 2A, Gilliam  Meadows 2D, Gilliam Meadows 2E, and Gilliam Meadows 2F  Approved by Consent  Agenda Item No. 5.14: Resolution No. 2006-175 adopted accepting the Various Bicycle and Pedestrian improvements Project as complete and authorizing the City Engineer to file a Notice of Completion with the Sacramento County Recorder Agenda Item No. 5.15: Resolution No. 2006-176 adopted authorizing the City Manager to purchase up to fifty-five camera systems from A4S security through exercising options from the San Joaquin Regional Rail Commission and to amend  Approved by Consent  the 2006-2007 transit budget by $271,635  Approved by Consent  Agenda Item No. 5.16: Resolution No. 2006-177 adopted amending options for  calculating commercial hauler refuse fees  Approved by Consent  Agenda Item No. 5.17: Resolution No. 2006-178 adopted authorizing the City Manager to execute a contract with Transit Marketing, LLC for promotion of public  transit services and amend the fiscal year 2006-07 transit budget  Approved by Consent  Agenda Item No. 5.18: Resolution No. 2006-179 adopted authorizing the City Manager to execute an agreement with Paratransit Inc. for the provision of  demand responsive transit services Approved by Consent  Agenda Item No. 5.19: Resolution No. 2006-180 adopted approving budget Approved by consent by the following vote: Ayes: 3; Noes: 0; Abstentions:  adjustments for fiscal year 2005-2006  2( (Cooper, Leary)  Elk Grove City Council  Regular Meeting, Wednesday, June 28, 2006  Page 4 of13    Agenda Item No. 5.20: Resolution No. 2006-181 adopted authorizing the City Manager, or his designee to execute a contract with SW Allen Construction, Inc. for construction of the Elk Grove Police Fleet Facility at the corporation yard Approved by consent by the following vote: Ayes: 3; Noes: 0; Abstentions: By Council consensus, Agenda Item No. 6.2 was heard prior to 6.1. After the conclusion of Agenda Item No. 6.2, Items 6.1 and 6.3 were considered Note: Councilmembers Cooper and Leary returned to the Council Chambers and dais at 6:54 p.m. prior to consideration of Agenda Item Nos. 6.1 and 6.3.  (Police Services) 2 (Cooper, Leary)  concurrently.  PUBLIC, HEARINGS  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 (Annexation No. 2) to Community Facilities District No. 2006-1 (Maintenance Services) and the first reading of an ordinance levying and apportioning of the special levy Agenda Item No. 6.3: A public hearing and resolution of the City Council determining to levy Street Maintenance Assessments for certain properties in the eastern area which represents Annexation No. 9 into Street Maintenance District  No. 1 - Zone 3 RECOMMENDATION:  Adopt a resolution calling an election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2006-1 (Maintenance Services) to the qualified electors After the' City Clerk has tabulated the votes cast in the election called by the first resolution, City staff recommends that City Council adopt the resolution:  Adopt a resolution declaring the results of the special election held on June 28, 2006 for the second annexation to Community Facilities District 2006-1  (Maintenance Services)  Ift the two preceding resolutions are approved by City Council, staff recommends  that City Council conduct the first reading of the ordinance:  Introduction and waive the full reading, by substitution of title only, an ordinance of the City Council of the City of Elk Grove levying and  Elk Grove City Council  Regular Meeting, Wednesday, June 28, 2006  Page 5 of13    apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) )(Annexation No. 2)  RECOMMENDATION: Staff recommends that the City Council conduct a public hearing on Supplement No. 9 to the Engineer's Report and the question of levying assessments within Street Maintenance District No. 1 - Zone 3 for certain properties in the Eastern Area pursuant to the Benefit Assessment Act of 1982. Following the close of the public hearing and tabulation of ballot results, staff Adopt a resolution determining to levy assessments in Street Maintenance District  recommends:  No. 1- Zone 3 (Annexation 9)  Mayor Soares declared the public hearings open at 6:55 p.m.  Andrew Griffin, Finance Analyst provided an overview of the staff reports and With no public requests to speak, Mayor Soares closed the public comment Motion: M/S Scherman/Briggs to adopt a resolution (Resolution No. 2006-184) calling an election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2006-1 (Maintenance Services) to the qualified electors. The motion passed by the following vote: The City Clerk announced that of a possible 24 votes, 22 votes were cast in favor of levying the assessment, 2 votes were cast in opposition. The measure passed. Motion: M/S Scherman/Briqgs to adopt a resolution (Resolution No. 2006-185) declaring the results of the special election held on June 28, 2006 for the second annexation to Community Facilities District 2006-1 (Maintenance Services). The Motion: M/S Leary/Scherman to introduce and waive the full reading, by substitution of title only, an ordinance (Ordinance No. 30-2006) levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 2). The motion passed by The City Clerk announced the election results for Street Maintenance District No. 1 - Zone 3 (Annexation 9). Of three possible votes, three votes were returned in  recommendations.  opportunity and public hearing at 6:56 p.m.  Ayes: 5; Noes: 0  motion passed by the following vote: Ayes: 5; Noes: 0  the following vote: Ayes: 5; Noes: 0  favor of levying the assessment.  Elk Grove City Council  Regular Meeting, Wednesday, June 28, 2006  Page 6 of13    Motion: M/S Leary/Scherman to adopt a resolution (Resolution No. 2006-186) determining to levy assessments in Street Maintenance District No. 1-2 Zone 3 (Annexation 9). The motion passed by the following vote: Ayes: 5; Noes: 0 Agenda Item No. 6.2: A public hearing to consider adoption of resolutions calling an election and declaring results of the special election for annexation (Annexation No. 11) to Community Facilities District No. 2003-2 (Police Services) and the first reading of an ordinance levying and apportioning of the special levy  RECOMMENDATION: following resolution:  After the close of the public hearing, City staff recommends adoption of the  Adopt a resolution calling an election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2003-2 (Police Services) to the Qualified Electors  After the City Clerk has tabulated the votes cast in the election called by the first resolution, City staff recommends that City Council adopt the resolution:  Adopt a resolution declaring the results of the special election held on June 28, 2006 for the eleventh annexation to Community Facilities District 2003-2  (Police Services)  Ift the two preceding resolutions are approved by City Council, staff recommends  that City Council conduct the first reading of the ordinance:  Introduction and waive the full reading, by substitution of title only, 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 No. 11) Mayor Soares declared the public hearing open at 6:51 p.m.  Councimember Leary read a recusal statement into the record relative to his and Councimember Cooper's abstention from participation in the matter due to their employment with the Sacramento County Sheriff's Department. Councimember Leary and Cooper left the dais and vacated the Council Chambers at 6:51 p.m. Andrew Griffin, Finance Analyst, provided an overview of the staff report and With no public requests to speak, Mayor Soares closed the public comment  recommendation.  opportunity and the public hearing at 6:52 p.m.  Elk Grove City Council  Regular Meeting, Wednesday, June 28, 2006  Page 7 of13    Motion: M/S Briggs/Scherman to adopt a resolution (Resolution No. 2006-182) calling an election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2003-2 (Police Services) to the Qualified Electors The motion passed by the following vote: The City Clerk announced that of 20 possible votes, 20 votes were returned in Motion: M/S Briggs/Scherman to adopt a resolution (Resolution No. 2006-183) declaring the results of the special election held on June 28, 2006 for the eleventh annexation to Community Facilities District 2003-2 (Police Services) The motion passed by the following vote: Ayes: 3; Noes: 0; Abstentions: 2 (Cooper, Motion: M/S Scherman/Briggs to introduction and waive the full reading, by substitution of title only, an ordinance (Ordinance No. 31-2006) levying and apportioning the special tax in territory annexed to Community Facilities District No. 2003-2 (Police Services) (Annexation No. 11) The motion passed by the following vote: Ayes: 3; Noes: 0; Abstentions: 2 (Cooper, Leary)  Ayes: 3; Noes: 0; Abstentions: 2 (Cooper, Leary)  favor of levying the assessment.  Leary)  Agenda Item No. 6.4: alcohol license  Jennings Wine Cellar - A public hearing to consider a  Public Convenience and Necessity Letter (PCN) to allow a Type 20 and Type 42  Location: 8351 Elk Grove Boulevard  RECOMMENDATION: Adopt a resolution approving the request for a Public Convenience and Necessity Letter to obtain a Type 20 and Type 42 alcohol  license for Jennings Wine Cellar at 8351 Elk Grove Boulevard. Mayor Soares declared the public hearing open at 6:58 p.m.  Mikel Dreling, Project Planner, provided an overview of the staff report and  recommendation.  The applicant was available for questions.  Mayor Soares closed the public comment opportunity and the public hearing at Motion: M/S Leary/Briggs to adopt a resolution (Resolution No. 2006-187) approving the request for a Public Convenience and Necessity Letter to obtain a Type 20 and Type 42 alcohol license for Jennings Wine Cellar at 8351 Elk Grove Boulevard. The motion passed by the following vote: Ayes: 5; Noes: 0  7:01 p.m.  Elk Grove City Council  Regular Meeting, Wednesday, June 28, 2006  Page 8 of13    REGULAR AGENDA ACTION TEMSRECOMMENDATIONS  Agenda Item No. 7.1 was removed at approval of agenda by Council consensus. Agenda, Item No. 7.1: Consider funding request from the Northern California World Trade Center and consider appointing a council member and alternate to RECOMMENDATION: Staff recommends that the City Council consider whether to make a $5000 annual contribution to the Northern California World Trade Center and, if it's the desire of the council to make the annual contributions, appoint a council member and alternate to serve on the board of directors. Agenda Item No. 7.2: Consider the Teen Center USA Elk Grove request for City representation on its board and appoint a representative and an alternative RECOMMENDATION: Staff recommends that the City Council of the City of Elk Grove consider the Teen Center USA Elk Grove request for City representation on its Board and appoint a representative and an alternate representative to serve on  the Board of Directors  representative  the Board.  Mayor Soares opened public comment at 7:04 p.m.  Kara Myers, Management Analyst provided an overview of the staff report and  recommendation.  Mayor Soares closed the public comment opportunity.  Motion: M/S Scherman/Soares to appoint Council members Briggs and Cooper as member and alternate, respectively, to the Teen Center Board of Directors. The  motion passed by the following vote: Ayes: 5; Noes: 0  Agenda Item No. 7.3:  Ordinance repealing certain specified chapters of the  Elk Grove Municipal Code and amending chapter 2.09 providing the City Manager RECOMMENDATION: Introduction and waive the full reading, by substitution of title only, 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  the authority to adopt revised personnel rules and regulations  modifying Elk Grove Municipal Code section 2.09  Elk Grove City Council  Regular Meeting, Wednesday, June 28, 2006  Page 9 of13    Mayor Soares opened public comment at 7:11 p.m.  Doug Furman, Human Resources Manager, provided an overview of the staff  report and recommendation.  Mayor Soares closed the public comment opportunity.  Motion: M/S Scherman/Leary to introduce and waive the full reading, by substitution of title only, an ordinance (Ordinance No. 32-2006) repealing certain chapters of the Elk Grove Municipal Code relating to personnel and modifying Elk  Grove Municipal Code section 2.09  Agenda Item No. .7.4: Urgency ordinance of the City Council of the City of Elk Grove, prohibiting spectators at illegal speed contests and illegal exhibitions of speed; Urgency ordinance of the City Council of the City of Elk Grove, allowing for the impoundment of vehicles used in illegal speed contests and illegal exhibitions  of speed  RECOMMENDATION:  Adopt and waive the full reading, by substitution of title only, an urgency ordinance of the City Council of the City of Elk Grove, California prohibiting spectators at Adopt and waive the full reading, by substitution of title only, an urgency ordinance of the City Council of the City of Elk Grove, California, allowing for the impoundment of vehicles used in illegal speed contests and illegal exhibitions of Jonathan Hobbs, Acting City Attorney, provided an overview of the staff report  illegal speed contests and illegal exhibitions of speed  speed  and recommendation.  Mayor Soares opened the public comment opportunity.  The following persons provided comment for Council consideration: Constance Conley (also read statement by Patrick Hume), Miguel Herrera, Linda Ford, Steven Keenan, Jr., Rebecca Davis, Jake Rambo, Tom Shine, and Barbara Opinions were offered to increase the penalties for street racing and to recognize the citizens responsible for proposing the ordinance. Adoption was also opposed  Lemar.  by one citizen.  Mayor Soares closed the public comment opportunity.  Elk Grove City Council Page 10c of13  Regular Meeting, Wednesday, June 28, 2006    Mayor Pro Tem Scherman voiced support to modify the language of the ordinance to recognize the three ladies who, in conjunction with the City, offered the ordinance for adoption; to have the ordinance named in the memory of Anthony Mondragon and Nicholas Davis; and to reinsert the seizure and forfeiture provision offered by the citizens to that ordinance prepared by the City Attorney. Councilmember Cooper proposed that the impoundment (storage) provision be amended from 30 days to 60 days and was supportive of naming the ordinance for the two youths recognized. He also supported recognizing the four ladies who Councilmember Briggs voiced support for adopting the ordinance and to post the Counci/member Leary suggested parents be educated on the ordinance provisions in addition to the students; to establish a community prosecutor; to re- establish a local court; to consider a penalty similar to that of a drunk driving offense to include mandatory jail time (48 hours); and to initiate legislation to increase the time of seizing a person's vehicle for this type of activity. Councilmember Leary added that the Neighborhood Accountability Board should Mayor Soares suggested the use of red-light monitoring cameras could be utilized in the prosecution of street racing; questioned whether the 48-hour jail time is a By Council consensus, staff was directed to prepare correspondence to the League of California Cities in support of legislation to increase the period of time a Motion: M/S Scherman/Briggs to adopt and waive the full reading, by substitution of title only, an urgency ordinance (Ordinance No. 33-2006) of the City Council of the City of Elk Grove, California, prohibiting spectators at illegal speed contests and illegal exhibitions of speed. The motion passed by the Motion: M/S Scherman/Briggs to adopt and waive the full reading, by substitution of title only, an urgency ordinance (Ordinance No. 34-2006) of the City Council of the City of Elk Grove, California, allowing for the impoundment of vehicles used in illegal speed contests and illegal exhibitions of speed as  contributed to preparation of the ordinance. ordinançe at the schools and the youth center.  not be an option for anyone involved in this activity.  viable aption;  vehicle can be seized for impoundment.  following vote: Ayes: 5; Noes: 0  amended:  to increase the impoundment of vehicles to 60 days;  to create a video in collaboration with the Elk Grove Unified School District to educate high school students on the ordinance (have staff research how the information might be disseminated); have video available on City  Elk Grove City Council Page 11 of13  Regular Meeting, Wednesday, June 28, 2006    website and utilize utility billing process to educate the parents on the violators will not be eligible for Neighborhood Accountability Board (NAB) or for a deferred entry of judgment and to encourage the District Attorney to to recognize the ordinance as the Anthony Mondragon and Nicholas Davis ordinance and to include recognition of the three ladies (Constance Conley, Linda Ford, and Rebecca Davis*) who presented the citizen-proposed ordinance at the June 14, 2006 Council meeting as well as other citizen support received. The motion was passed by the following votes: *Patrick Hume was identified during public comment by Constance Conley and Tom Shine as the fourth individual contributing to the citizens' proposed ordinance.  consequences of street racing;  prosecute to the fullest extent of the law;  Ayes: 5; Noes: 0  GENERAL ADMINISTRATION INFORMATION  City Manager Danielson announced that in addition to the air conditioning not working properly, the video for the meeting is impaired due to technical difficulties  experienced by the MetroCable system.  COUNCIL COMMENTSFUTURE AGENDA ITEMS  Councilmember Briggs  Urged the support of local non-profit organizations in fireworks sales. The Sacramento Transit Authority is discussing Measure A funding; use of bonds to expedite projects construction; funding to the City of Urged motorists to practice safe and courteous driving.  Elk Grove is estimated at $300 million.  Mayor Soares  Announced the unveiling on July 15, 2006, 10 a.m. to 1 p.m. of the Reported that the City received a response to its letter to support the location of a Guiness facility in the United States, stating there are no current plans to locate ai facility in the United States. Reported that the City has received a $450,000 Safe Routes to School Grant for the purpose of improving main street cross and curb extensions at Elk Grove Elementary School, enhance trails  new Elk Grove Police Department;  Elk Grove City Council Page 12of13  Regular Meeting, Wednesday, June 28, 2006    leading to Elk Grove Elementary and Joseph Kerr School as well as  enhance pedestrian and cyclist safety.  CLOSED SESSION consider the following:  After announcing the closed session item, the Council recessed at 8:29 p.m. to  EXISTING LITIGATION Pursuant to GC 54596.9(a) One (1) case  1. City of Elk Grove V. Martin L. Feletto, et al., Sacramento County  Superior Case No. 05AS04339  The Council returned from closed session at 8:50 p.m. The Mayor announced no  reportable action was taken during closed session.  ADJOURNMENT  With no additional business scheduled, the regular City Council meeting of June  28, 2006 adjourned at 8:50 p.m.  LER  kefe   PEGGHJACKSON, CITY CLERK  ATTEST:  RICK SOARES, MAYOR CITY OF ELK GROVE  Elk Grove City Council Page 13of13  Regular Meeting, Wednesday, June 28, 2006