CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, June 14, 2006  CALLTO ORDER/ROLL CALL  Mayor Soares called the regular City Council meeting of June 14, 2006 to order at 6:30  p.m.  Present: Absent:  Mayor Soares, Mayor Pro Tem Scherman, Councimembers  Cooper and Leary Councimember Briggs  Mayor Soares led the Pledge of Allegiance.  APPROVAL OF AGENDA  Motion: M/S Leary/Scherman to approve the June 14, 2006 City Council meeting agenda. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1  (Briggs)  PRESENTATIONSIANNOUNCEMENIS  Austin Green was recognized for winning the national championship for the lacrosse "Scoop 'n Shoot" league competition. Councimember Leary presented the recognition Recognition of the Franklin High track team for winning the Section title Removed fora  to Austin.  future council meeting  PUBLIC COMMENT (MATTERS NOT ON THE AGENDA)  Constance Conley and Linda Ford read and proposed adoption of an ordinance Rebecca Davis spoke of the death of her 17-year-old son, Nicholas, on August 24, 2004 due to a vehicle accident and urged Council action to address street racing.  against street racing and excessive speed.    At the request of Mayor Soares, Chief Simmons reported that as a result of a recent fatal collision on Franklin Boulevard, the Police Department has engaged the California Highway Patrol for increased enforcement on city streets through the summer months. Chief Simmons requested and received Council concurrence to move forward on researching other training, deployment plans, and the technology aspect of streaming Mayor Soares requested the City Attorney research ordinances to address the forfeiture of nuisance vehicles engaged in the exhibition of speed and the prohibition of Tony Manzanetti, City Attorney reported that the City Manager has requested the Counciimember Leary suggested the "Every Fifteen Minutes" program be expanded to Dwight Hansen, and Becky Brubaker, of Elk Grove Adult Community Training, thanked the Council for the grant funding recently approved for the Elk Grove Adult Community Training program and provided a brief overview of their program. Ms. Brubaker also introduced two students of the program, Michael Mabee and Duncan Sarah Johnson, expressed her dissatisfaction with Mayor Pro Tem Scherman's vote Jason Daniel expressed his support regarding the street racing efforts and the efforts of the Elk Grove Police Department. Additionally, he expressed his support of the Envision Elk Grove study and pointed out that there were no questions regarding citizen opinion of the City Council or the administration of the City Government or management of the City. He encouraged citizens to read the survey questions and would like to see the negative be brought up with the positive in relation to the Envision Elk Grove study. Leo Fassler expressed his thanks and appreciation to Chief Simmons for his quick Beverley Adams expressed her dissatisfaction with the City's management of the Bond Road improvement project in relation to the exclusion of work now being done by Pacific Gas and Electric (PG&E). Ms. Adams also stated that the decision by staff to proceed with the Bond Road construction without including the work by PG&E was irresponsible and inappropriately authorized. She also reported on the speeding on Bond Road. Mayor Soares briefly explained that Pacific Gas and Electric was not ready to undertake the project during the roadway construction. The City had an obligation to expand and open the road in conjunction with the opening of the new high school.  video at intersections, red light programs and radar.  spectators at illegal speed contests.  information and the information is also available to Council.  two schools each year.  Jacks who also thanked the Council. regarding the Automall sign.  response to a recent situation.  Elk Grove City Council Regular Meeting, June 14, 2006  Page 2 of 14    Andrew Paisley, Jr. commended the Elk Grove Police and Public Works Departments for efforts to address speeding problems on Iris Meadows in the East Franklin area. He requested additional efforts be made to address speeding and the installation of stop signs at Tersk and Friesian at Iris Meadows intersections and posting of a 25 mph  speed limit sign.  CONSENT CALENDARITEMS  Items 5.14 (Cooper), 5.11 (Scherman), and 5.18 (Leary), were discussed briefly prior to In response to Councimember Cooper's question on notification to the Council on the settlement of claims or lawsuits (5.14), City Attorney Manzanetti responded that it is his intention to provide the Council with a summary of the settlements within two weeks of action taken. Councimember Cooper also requested a synopsis of the settlement be provided. Mr. Manzanetti responded that other than one pending case, he is not aware Mayor Pro Tem Scherman suggested additional venues be engaged to notice the public on the availability of funding for the owner-occupied housing rehabilitation program (5.11). Assistant City Manager Estep responded that staff will look at various options. Councimember Leary commented on the property tax agreement (5.18) with Sacramento County, that by terms of the agreement, the City will receive in perpetuity, 10% of the 1% the County receives as property tax revenue for the Franklin Crossing project. He expressed concern that the agreement does not have a sunset clause. Motion: M/S Cooper/Scherman to approve the consent calendar items. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Briggs) Agenda Item No. 5.1: Approve Monthly Treasurer's Report for April 2006  Council action.  of any claim that has been settled because of timeliness of response.  Approved by Consent  Agenda Item No. 5.2: Approve Minutes of the April 26, 2006 Special City Council Meeting and the May 24, 2006 Special and Regular City Council meeting  Approved by Consent  Agenda Item No. 5.3: Adopt Ordinance No. 23-2006, an Ordinance amending the Elk Grove Auto Mall Special Planning Area-Sign Criteria, Project No. EG-02-347  Second Reading Approved by Consent  Elk Grove City Council Regular Meeting, June 14, 2006  Page 3 of14    Agenda Item No. 5.4: Adopt Ordinance No. 24-2006, an Ordinance amending the City of Elk Grove Zoning Map from BP to SC for Bubbles Car Wash Project No. EG-05-  986 Second Reading Approved by Consent  Agenda Item No. 5.5: Resolution No. 2006-147 adopted accepting the subdivision  improvements as complete for Laguna Big Horn (EG 03-525-00)  Approved by Consent  Agenda Item No. 5.6: Resolution No. 2006-148 adopted in support of locating a  Guinness facility in the Sacramento Region  Approved by Consent  Agenda Item No. 5.7: Resolution No. 2006-149 adopted authorizing the City Manager to execute a contract with California Pavement Maintenance Company for the Slurry  Seal and Micro-Surfacing Project 2006 Approved by Consent  Agenda Item No. 5.8: Resolution No. 2006-150 adopted authorizing the City Engineer to execute utility relocation agreements related to the Sheldon Road/State  Route 99 interchange reconstruction project  Approved by Consent  Agenda Item No. 5.9: Resolution No. 2006-151 adopted approving the 2006-07 appropriation limit of $56,257,283 utilizing the per capita income growth index method as the inflation factor; and elect the growth in non-residential, new construction assessed valuation calculation method as the inflation factor for the 2002-03, 2003-04,  2004-05, and 2005-06 fiscal years Approved by Consent  Agenda Item No. 5.10: Resolution No. 2006-752 adopted accepting the Laguna Boulevard Overcrossing of the Union Pacific Railroad Sidewalk, Curb and Gutter Improvements Project as complete, authorize the City Engineer to prepare a Notice of Completion, and authorize the City Clerk to file a Notice of Completion with the  Sacramento County Recorder Approved by Consent  Agenda Item No. 5.11: Resolution No. 2006-153 adopted approving the Guidelines  for the Owner-Occupied Housing Rehabilitation Loan Program  Approved by Consent  Agenda Item No. 5.12: Resolution No. 2006-154 adopted approving a policy requiring indemnification for levying development impact fees for other public agencies  Approved by Consent  Elk Grove City Council Regular Meeting, June 14, 2006  Page 4 of 14    Agenda Item No. 5.13: Resolution No. 2006-155 adopted levying a special tax for  East Franklin CFD No. 2002-1, FY2006-07  Approved by Consent  Agenda Item No. 5.14: Resolution No. 2006-156 adopted authorizing the City Manager with the consent of the City Attorney to negotiate and settle claims and  lawsuits on behalf of the City up to $50,000  Approved by Consent  Agenda Item No. 5.15: Resolution No. 2006-157 adopted approving the assignment of franchise agreement between the City of Elk Grove and Allied Waste Services of Northern America, Inc., for residential refuse collection and transportation of disposal facilities and recyclables and green waste collection, transportation processing and  marketing; and approval of third amendment to franchise agreement  Approved by Consent  Agenda Item No. 5.16: Resolution No. 2006-158 adopted levying a special tax for  CFD 2006-1 Maintenance Services, FY 2006-07  Approved by Consent  Agenda Item No. 5.17: Resolution No. 2006-159 adopted levying a special tax for  Street Lighting Maintenance District No. 1, FY2006-07  Approved by Consent  Agenda Item No. 5.18: Resolution No. 2006-160 adopted approving the Franklin Crossing property tax agreement between the City of Elk Grove and Sacramento  County  Approved by Consent Committee for the Arts logo Approved by Consent  Agenda Item No. 5.19: Proclamation recognizing Orysia Moscariello for creating the  Agenda Item No. 5.20: Resolution No. 2006-161 adopted levying a special tax for  Laguna Ridge CFD No. 2005-1, FY2006-07  Approved by Consent  Agenda Item No. 5.21: Resolution No. 2006-162 adopted levying a special tax  assessment for Street Maintenance District No. 1,FY 2006-07  Approved by Consent  Elk Grove City Council Regular Meeting, June 14, 2006  Page 5 of14    PUBLIC HEARINGS  Agenda Item No. 6.1: A public hearing confirming the written report of fiscal year 2006/07 services charges and establishing fiscal year 2006/07 service charges for certain miscellaneous extended services in the Laguna West Service Area (formerly RECOMMENDATION: Adopt a resolution confirming the written report of fiscal year 2006-07 service charges and establishing fiscal year 2006-07 service charges for certain miscellaneous services in the Laguna West Service Area (formerly County  County Service Area 5)  Service area 5 or CSA 5)  Mayor Soares declared the public hearing open at 7:07 p.m.  Kate Rosenlieb, Sr. Management Analyst, provided an overview of the staff report and With no public requests to speak, Mayor Soares closed the public comment opportunity Motion: M/S Scherman/Cooper to adopt a resolution (Resolution No. 2006-163) confirming the written report of fiscal year 2006-07 service charges and establishing fiscal year 2006-07 service charges for certain miscellaneous services in the Laguna West Service Area (formerly County Service area 5 or CSA 5). The motion passed  recommendation. at 7:08 p.m.  by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Briggs)  Agenda Item No. 6.2: A public hearing to consider a Public Convenience and Necessity Letter (PCN) to allow a Type 48 (On sale general) alcohol license for The  Wrangler  Location: 8945 Grant Line Road  RECOMMENDATION: Adopt a resolution approving the request for a Public Convenience and Necessity Letter to obtain a Type 48 alcohol license for The Wrangler  at 8945 Grant Line Road  Mayor Soares declared the public hearing open at 7:09 p.m.  Mikel Dreiling, project planner, provided an overview of the staff report and With no public requests to speak, Mayor Soares closed the public comment opportunity  recommendation.  and the public hearing at 7:11 p.m.  Elk Grove City Council Regular Meeting, June 14, 2006 Page 6 of1 14    Motion: M/S Cooper/Scherman to adopt a resolution (Resolution No. 2006-164) approving the request for a Public Convenience and Necessity Letter to obtain a Type 48 alcohol license for The Wrangler at 8945 Grant Line Road. The motion passed by  the following vote: Ayes: 4; Noes: 0; Absent: 1 (Briggs)  Agenda Item No. 6.3: A public hearing to consider adoption of resolutions calling an election and declaring results of the special election for annexation (Annexation No. 1) to Community Facilities District No. 2006-1 (Maintenance Services) and the first reading  of an ordinance levying and apportioning the special levy  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 Aresolution declaring the results of the special election held on June 14, 2006 for the first annexation to Community Facilities District 2006-1  resolution, City staff recommends that City Council adopt:  (Maintenance Services)  Ifthe two preceding resolutions are approved by City Council, staff recommends: Introduce 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. 2006-1  (Maintenance Services) (Annexation No. 1)  Mayor Soares declared the public hearing open at 7:11 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 opportunity Motion: M/S Cooper/Scherman to adopt a resolution (Resolution No. 2006-165) 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: Ayes: The City Council proceeded to Agenda Item No. 6.4 to allow five minutes to pass after  recommendation.  and the public hearing at 7:12 p.m.  4; Noes: 0; Absent: 1 (Briggs)  the close of the public hearing to allow closure of the election.  Elk Grove City Council Regular Meeting, June 14, 2006  Page 7 of14    After consideration of Agenda Item No. 6.4, the City Clerk announced the election results as follows: of 260 returned votes, 186 votes were aye, 74 votes were no. The Motion: M/S Cooper/Leary to adopt a resolution (Resolution No. 2006-166) declaring the results of the special election held on June 14, 2006 for the first annexation to Community Facilities District 2006-1 Maintenance Services) The motion passed by Motion: M/S Cooper/Leary to introduce and waive the full reading, by substitution of title only, an ordinance (Ordinance No. 27-2006) levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 1) The motion passed by the following vote: Ayes: 4;  measure to levy the tax in favor of CFD 2006-1 (Annexation 1) passed.  the following vote: Ayes: 4; Noes: 0; Absent: 1 (Briggs)  Noes: 0; Absent: 1 (Briggs)  Agenda Item No. 6.4: A public hearing to conduct the first reading of the Ordinance enacting adoption of the comprehensive Zoning Code Update as recommended by the RECOMMENDATION: Introduce and waive the full reading, by substitution of title only, an ordinance of the City Council of Elk Grove repealing and replacing the City of Elk Grove Zoning Code Title I (General Provision), Title I (Land use Zones), and Title II (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  Planning Commission  City's zoning regulations  Mayor Soares declared the public hearing open at 7:13 p.m.  Pam Johns, Project Planner, provided an overview of the staff report and  recommendation.  Ms. Johns identified modifications presented to Council for adoption as: Sign Regulations (Attachment 4 to the staff report)  Clarifying sign area calculations Clarifying pole sign description  Allow the illumination of sign copy onto canopies 3500 foot separation between signs  Condition any approval of electronic readerboards to limit changeable sign copy to on-site commercial advertising and require  Service Stations:  No intent to preclude infill with separation requirement Reinstate service stations as permitted use in M-2 with a  Conditional Use Permit  Elk Grove City Council Regular Meeting, June 14, 2006  Page 8 of1 14    Support e-tran staff request to reinstate a provision to allow up to 10% of  shopping center parking for use as park and ride lots Inc conjunction with commercial rezone consideration  require a conditional use permit for alcohol sales  require a conditional use permit for motorcycle sales by in the SC  districts.  Fences = Section 23.52 exclude ag and ag residential zoning districts from the front yard fence height limits when used for agricultural purposes.  Signs  Amend 23.45.020 and 23.62.050(6) to insert the language "or which has been approved by the Council" to the grandfathering clause. (Second sentence of 23.45.020 and 23.62.050(6) to read "The City completely prohibits the construction, erection or use of any billboards, other than those which legally exists in the City, or for which a valid permit has been issued and has not expired, or which has been approved by the Council, as of the date on which this provision is first adopted.)  Amy Dy, representing Elk Grove and I-5 LLC, supported the requirement to require a conditional use permit in commercial zones for alcohol sales. She stated the surrounding areas in the GC zone will not have the same restrictions and felt her client ist therefore at a disadvantage. She stated there was the potential that one of his clients could move into an adjacent GC zone without the same restriction toward liquor use. Barbara Lemar, objected to sections 23.4,5 23.61, 23.62, and table 23.61.1. She believes these areas were not addressed appropriately in public meetings and requested that the ordinance not be approved until the citizens can review the Jeff Aaron, representing the sign industry interests, addressed his concerns with the sign section of the ordinance and reiterated his concerns voiced in his letter submitted to Council on March 29, 2006. He also expressed concerns regarding subdivision sign Chuck Shaw, addressed the zoning on the Elk Grove Motorcycle Mall and Elk Grove Harley-Davidson dealership. Both properties were zoned Limited Commercial (LC). At the time of the approval of the Motorcycle Mall last December the Planning Commission wanted to be sure that in the new zoning ordinances both properties be included in an SC zone sO the zoning would be consistent and that both properties are involved in the City-sponsored rezone and both properties are included in the new CFD (Community Mayor Soares closed the public comment opportunity and public hearing at 7:35 p.m.  aforementioned sections.  kiosks.  Facilities District).  Elk Grove City Council Regular Meeting, June 14, 2006  Page 9 of14    By Council consensus, Council rejected the Planning Commission recommendation to expand the Conditional Use Permit requirement for alcohol sales to all commercial Motion: Scherman/Cooper to adopt the following modifications as recommended  districts.  by the Planning Commission  Sign Regulations (Attachment 4 to the staff report) Allow the illumination of sign copy onto canopies 3500 foot separation between signs  Clarifying sign area calculations Clarifying pole sign description  Condition any approval of electronic readerboards to limit changeable sign copy to on-site commercial advertising and require  Service Stations:  No intent to preclude infill with separation requirement Reinstate service stations as permitted use in M-2 with a  Conditional Use Permit  Inc conjunction with commercial rezone consideration  require a conditional use permit for motorcycle sales by in the SC and GC districts. Amendment to Table 23.32-1, Article 3,to add a new note to the auto and vehicle sales listing in the SC and GC zoning districts to indicate that motorcycle sales are permitted with approval of a Conditional Use Permit.  Fences- = Section 23.52-1 exclude ag and ag residential zoning districts from the front yard fence height limits when used for agricultural purposes.  Signs (Billboards)  Amend 23.45.020 and 23.62.050(6) to insert the language "or which has been approved by the Council" to the grandfathering clause. (Second sentence of 23.45.020 and 23.62.050(6) to read "The City completely prohibits the construction, erection or use of any billboards, other than those which legally exists in the City, orf for which a valid permit has been issued and has not expired, or which has been approved by the Council, as of the date on which this provision is first adopted.)  The motion was approved by the following vote: Ayes: 4; Noes: 0; Absent: 1 Motion: M/S Leary/Scherman to introduce and waive the full reading, by substitution of title only, an ordinance (Ordinance No. 26-2006) repealing and replacing the City of Elk Grove Zoning Code Title I(General Provision), Title Il (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 regulations with amendments (see above). The motion passed by the  (Briggs)  following vote: Ayes: 4; Noes: 0; Absent: Briggs  Elk Grove City Council Regular Meeting, June 14, 2006 Page 10 of14    Note: The Council returned to Agenda Item No. 6.3 to consider election results. Agenda Item No. 6.5: A public hearing to consider the City Initiated Commercial Rezone project, proposed rezone of 12 commercial sites (26 individual parcels) in  various location throughout the City  PLANNING COMMISSIONI RECOMMENDATION:  1. Adopt a Negative Declaration for the City Initiated Commercial Rezone 2. Remove Site 22 from consideration for the rezone and conditionally  project  rezone Site 29  3.  Introduce and waive the full reading, by substitution of title only, an ordinance of the City Council of Elk Grove amending the Elk Grove Zoning  Map for the City Initiated Commercial Rezone Project  Mayor Soares declared the public hearing open at 7:45 p.m.  Lisa Burke, Project Planner, provided an overview of the staff report and Amy Dy, on behalf of Elk Grove and I-5 LLC, reiterated her client's concern that all commercial zones be treated equally, in particular, sites 1, 28 and 29 regarding liquor Mayor Soares closed the public comment opportunity and the public hearing at 7:49 Planning Director Christine Crawford provided an explanation on the conditional use permit and subsequent appeal (site 29) relative to alcohol sales. Ms. Crawford reported that the applicant had previously agreed and accepted the conditional rezone provision Motion: M/S Scherman/Cooper to adopt a Negative Declaration for the City-initiated Commercial Rezone project. The motion passed by the following vote: Ayes: 4; Motion: M/S Scherman/Cooper to remove Site 22 from consideration for the rezone and conditionally rezone Site 29. The motion passed by the following vote: Ayes:  recommendation.  sales. p.m.  as represented by staff.  Noes: 0; Absent: 1 (Briggs)  4; Noes: 0; Absent: 1 (Briggs)  Elk Grove City Council Regular Meeting, June 14, 2006 Page 11 of1 14    Motion: M/S scherman/Cooper to introduce and waive the full reading, by substitution of title only, an ordinance (Ordinance No. 28-2006) amending the Elk Grove Zoning Map for the City-Initiated Commercial Rezone Project The motion passed by the  following vote: Ayes: 4; Noes: 0; Absent: 1 (Briggs) REGULAR AGENDA ACTION TEMSRECOMMENPATONS  Agenda Item No. 7.1: Consider the Committee for the Arts 2006 Art Purchase  Recommendation  RECOMMENDATION: Consider the options presented by the Elk Grove Committee Kara Myers, Management Analyst, provided an overview of the staff report and With no public requests to comment, Mayor Soares closed public comment opportunity. By Council consensus, it was requested the sculpture be brought to a future Council  for the Arts and provide direction  recommendation.  meeting for public viewing before making a determination to purchase.  Agenda Item No. 7.2: An urgency ordinance of the City of Elk Grove relating to the RECOMMENDATION: Adopt and waive the full reading, by substitution of title only, an urgency ordinance of the City Council of Elk Grove relating to the protection of children City Attorney Anthony Manzanetti, provided an overview of the proposed urgency With no public requests to speak, Mayor Soares closed the public comment opportunity Motion: M/S Leary/Cooper to adopt and waive the full reading, by substitution of title only, an urgency ordinance (Ordinance No. 29-2006) relating to the protection of children from sexual offenders. The motion passed by the following vote: Ayes: 4;  protection of children from sexual offenders  from sexual offenders  ordinance and recommendation.  at 8:03 p.m.  Noes: 0; Absent: 1 (Briggs)  GENERAL ADMINISTRATION INFORMATION  None.  Elk Grove City Council Regular Meeting, June 14, 2006 Page 12of14    COUNCIL COMMENTS/FUTURE AGENDAI ITEMS  Councilmember Cooper  Announced a SACOG meeting will be held on June 15, 2006.  Councilmember Leary  Announced that the Cable Commission is diligently working to oppose  proposed legislation relative to elecommunications.  Mayor Pro Tem Scherman  Questioned the status of the Welcome to Elk Grove" monuments. Kara Myers, Management Analyst, clarified that the Arts Committee considered By Council consensus, a status report back to the Council was approved to  the submittals. Subsequently, the Council tabled the item.  provide an update.  Mayor Soares  Announced no items (relative to Elk Grove) were addressed at the last Questioned Council consensus for the cancellation of the August 23, 2006 Council meeting. By Council consensus, the August 23, 2006 meeting  meeting.  was cancelled.  CLOSED SESSION the announced items: a)  With no public requests to speak, the Council adjourned to closed session to address  CONFERENCE WITH LEGAL COUNSEL = Anticipated Litigation  Pursuant to GC Section 54956.9 (b) Two (2) Potential Cases b) EXISTING LITIGATION Pursuant to GC 54596.9(a) One (1) case  Elk Grove City Council Regular Meeting, June 14, 2006 Page 13 of14    Super Pallet Recycling Corporation, Gyan Kalwaniv. Cityof Elk Grove City Council, City of Elk Grove Sacramento County Superior Court Case  No. 06CS00044  On retum to open session at 8:36 p.m., Mayor Soares announced no reportable action  was taken during closed session.  ADJOURNMENT  With no additional scheduled business to consider, the meeting adjourned at 8:36 p.m.  Cimhn PEGGHJACKSON, CITY CLERK  ATTEST: LE RICK SOARES, MAYOR CITY OF ELK GROVE  Elk Grove City Council Regular Meeting, June 14, 2006 Page 140 of 14