CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL REGULAR MEETING Wednesday, March 22, 2006  CALL TO ORDER/ROLL CALL  Mayor Soares called the regular City Council meeting of March 22, 2006 to order at  6:31 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 March 22, 2006 City Council meeting agenda. The motion passed by the following vote: Ayes: 5; Noes: 0  PRESENTATIONS/ANNOUNCEMENTS  None.  PUBLIC COMMENT (Matters not on the. Agenda)  Lynn Wheat read a letter sent to the Public Works Department regarding potential flooding in the Vintara Park and adjacent areas (Bond/Waterman). She questioned whether the storm water system can support additional residences and will downstream flooding result. She noted her request of the Public Works Department for assurances Tom Shine questioned whether the notification for agenda item no. 7.2 was adequate in that the proposed ordinance was not available until the Tuesday afternoon (March 21). With no additional requests to speak, Mayor Soares closed the public comment  that her concerns are not valid.  opportunity.  Elk Grove City Council Regular Meeting, March 22, 2006  Page 1c of13    CONSENT CALENDARITEMS  Prior to action on the consent calendar items approval, Councilmember Leary read the following statement of recusal on behalf of himself and Councimember Cooper into the  record:  Myself and Mr. Cooper are employed by the Sacramento County Sheriff's Department; therefore, we will not be participating in Agenda Item No. 5.10. The record should reflect both our recusals on the item and our abstention from participating in the matter. In addition to our recusal, and Mr. Cooper's recusal, we have not made, participated in making, or otherwise influenced or attempted to influence this decision. Councilmember Cooper also noted their abstention on Public Hearing Agenda With no public requests to speak, Mayor Soares closed the public comment Motion: M/S Scherman/Briggs to approve the consent calendar with abstentions noted on Agenda Item No 5.10. The motion passed by the following vote: Ayes: 5; Agenda Item No. 5.1: Approve Monthly Treasurer's Report for. January 2006 Agenda Item No. 5.2: Approve General Warrant No. 018931 through 019371 dated February 13, 2006 through March 7, 2006, and Electronic Funds Transfer 200610-  Item No. 6.1. opportunity.  Noes: 0  Approved by Consent  200611  Approved by Consent  Agenda Item No. 5.3: Approve Minutes oft the February 8, 2006 Regular and Adjourned (to February 22, 2006) City Council Meetings and of the March 8, 2006  Special City Council meeting Approved by Consent  Agenda Item No. 5.4: Adopt Ordinance No. 11-2006, an ordinance levying and apportioning the Special Tax in Community Facilities District No. 2005-1 (Laguna Ridge)  Second Reading Approved by Consent  Elk Grove City Council Regular Meeting, March 22, 2006  Page 2of13    Agenda Item No. 5.5: Adopt Comprehensive Annual Financial report for fiscal year  ended June 30, 2005 Approved by Consent  Agenda Item No. 5.6: Resolution No. 2006-64 authorizing the City Engineer to call for bids for the. Asphalt Concrete Overlay and Curb Ramp Improvements 2006 Project Agenda Item No. 5.7: Resolution No. 2006-65 approving Parcel Map No. 05-880-00;  Approved by Consent 3233 Dwight Road Approved by Consent  Agenda Item No. 5.8: Resolution No. 2006-66 authorizing the City Council to heara future resolution of necessity for the Sheldon Road/State Route 99 Interchange  Reconstruction Project Approved by Consent  Agenda Item No. 5.9: Resolution No. 2006-67 authorizing the City Engineer to call for  bids for the Hull Property Modifications Project  Approved by Consent  Agenda Item No. 5.10: Resolution No. 2006-68 approving a change order to contract no. C-06-001 between the City of Elk Grove and Jackson Properties for expansion of 8400 building to accommodate Elk Grove Police Department and amend fiscal year Approved by Consent with Councilmembers Leary and Cooper abstaining. Approved by the following vote: Ayes: 3; Noes: 0; Abstentions: 2 (Cooper, Leary)  2005-06 Police Department budget (Police Services)  PUBLIC HEARINGS  Councilmember Leary read a statement of recusal into the record and noted his and Councimember Cooper's abstention and non-participation in the matter. Note: Prior to consideration of Agenda Item No. 6.1, Councilmembers Leary and Agenda Item No. 6.1: A Public Hearing and adoption of resolutions of the City Council calling an election and declaring results of the special election for annexation to Community Facilities District No. 2003-2 (Police Services) and first reading of an ordinance levying and apportioning the special tax to the annexing area (Annexation  Cooper left the Council dais and Chamber.  No. 10)  RECOMMENDATION: City staff recommends the following:  Elk Grove City Council Regular Meeting, March 22, 2006  Page 3 of13    1) 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. 2) Adopt a resolution declaring the results of the special election held on March 22, 2006 for the tenth annexation to Community Facilities District 2003-2 (Police Introduce and waive the full reading, by substitution of title only, an ordinance levying and apportioning the special tax in territory annexed to Community Facilities District 2003-2 (Police Services) (Annexation No. 10)  2003-2 to the Qualified Electors (Police Services)  Services)  3)  Mayor Soares declared the public hearing open at 6:37 p.m.  Joe Chinn, Finance Director, provided an overview of the staff report and  recommendation.  With no public requests to speak, Mayor Soares closed the public comment opportunity Motion: M/S Briggs/Scherman to adopt a resolution (Resolution No. 2006-69) 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 to the Qualified Electors (Police Services). The motion passed by the following vote: Ayes: 3; Noes: 0; City Clerk Peggy Jackson announced that with all ballots received, the election was closed. The election results were announced as follows: Of a possible 84 votes, 84 votes were received in favor of levying the special tax. There were no "no" votes cast. Motion: M/S Scherman/Brigys to adopt a resolution (Resolution No. 2006-70) declaring the results of the special election held on March 22, 2006 for the tenth annexation to Community Facilities District 2003-2 (Police Services) The motion passed by the following vote: Ayes: 3; Noes: 0; Abstentions: 2 (Cooper, Leary) Motion: M/S Briggs/Scherman to introduce and waive the full reading, by substitution of title only, an ordinance (Ordinance No. 12-2006) levying and apportioning the special tax in territory annexed to Community Facilities District 2003-2 (Police Services) (Annexation No. 10). The motion passed by the following vote: Ayes: 3; Noes: 0;  and the public hearing closed at 6:40 p.m.  Abstentions: 2 (Cooper, Leary)  Abstentions: 2 (Cooper, Leary)  Counci/members Cooper and Leary returned to the Council Chamber and dais  prior to consideration of Agenda Item No. 6.2.  Elk Grove City Council Regular Meeting, March 22, 2006  Page 4of13    Agenda Item No. 6.2: A public hearing to consider the Duong Chung Project No. EG- 04-565. The project includes a Specific Plan Amendment, a Rezone from AR-2 to RD- 5, a Tentative Subdivision Map for 11 lots, and a Subdivision Design Review. Location: Stone Springs Drive, west of Bradshaw Road and south of Bond Road. (APN: 127-  0140-024-0000)  PLANNING COMMISSION RECOMMENDATION:  1) Adopt a Mitigated Negative Declaration and MMRP for Duong Chung Project No. Introduce and waive the full reading, by substitution of title only, an Ordinance amending the City of Elk Grove Zoning Map from AR-2 to RD-5 for Duong Chung 3) Adopt a Resolution approving a Specific Plan Amendment, Tentative Subdivision Map and Subdivision Design Review for Duong Chung Project No. EG-04-565,  EG-04-565.  2)  Project No. EG-04-565.  subject to the Findings and Conditions of Approval/MMRP. Mayor Soares declared the public hearing open at 6:41p.m.  Eric Lee, Project Planner, provided an overview of the staff report and Kent Baker, representing the applicant, reported agreement with the Planning  recommendation.  Commission's recommendation at 10 units per parcel. Mayor Soares opened the public comment opportunity.  Motion: M/S Scherman/Briqgs to retain project density at nine lots per parcel. The motion passed by the following vote: Ayes: 3; Noes: 2 (Cooper, Leary) Motion: M/S Scherman/Briqgs to adopt a Mitigated Negative Declaration and MMRP for Duong Chung Project No. EG-04-565. The motion passed by the following vote: Motion: M/S Scherman/Briqgs to introduce and waive the full reading, by substitution of title only, an ordinance (Ordinance No. 13-2006) amending the City of Elk Grove Zoning Map from AR-2 to RD-5 for Duong Chung Project No. EG-04-565. The motion Motion: M/S Scherman/Briggs to adopt a resolution (Resolution No. 2006-71) approving a Specific Plan Amendment, Tentative Subdivision Map and Subdivision Design Review for Duong Chung Project No. EG-04-565, subject to the Findings and amended Conditions of Approval/MMRP (9 units per parcel). The motion passed by  Ayes: 5; Noes: 0  passed by the following vote: Ayes: 5; Noes: 0  the following vote: Ayes: 5; Noes: 0; Abstentions: 0  Elk Grove City Council Regular Meeting, March 22, 2006  Page 5 of13    Agenda Item No. 6.3: A public hearing on an application for Waterman Park, EG-05 928; requesting an amendment to the General Plan Land Use Policy Map, East Elk Grove Policy Area Land Use Map and East Elk Grove Specific Plan, and large lot Location: South of Mosher Road between Waterman and Grant Line Road  tentative subdivision map  PLANNING COMMISSION RECOMMENDATION:  1) Adopt a Mitigated Negative Declaration and MMRP for Waterman Park 75, Direct staff to prepare an amendment to the City General Plan Land Use Policy Map, East Elk Grove Policy Area Land Use Map and East Elk Grove Specific Plan incorporating the land use categories and configurations approved for Introduce and waive the full reading, by substitution of title only, an ordinance amending the City of Elk Grove Zoning Map from AG-20 Permanent Agricultural Zoning District to LC Limited Commercial, MP Industrial-Office Park, M-1 Light Industrial and "O" Recreation/Open Space Zoning Districts, increasing the oen space area to a minimum of 10.8 acres for Waterman Park 75, Project No. EG- 4) Adopt a resolution approving a Large Lot Tentative Subdivision Map for Waterman Park 75, Project No. EG-05-928 subject to the findings and conditions  Project No. EG-05-928;  2)  Waterman Park 75, Project No. EG-05-928  3)  05-928; and of approval.  Mayor Soares declared the public hearing open at 6:57 p.m.  Steve Flint, Sr. Project Planner, provided an overview of the staff report and John Hodgeson, representing Syncon Homes, made a statement in support of the project and introduced Mike Harlan, who also made a presentation in support of the Speakers opposing project: Steve Foster, EGCSD Deputy Fire Chief, (letter filed); John Fletcher, Fletcher, White & Adair, (representing Suburban Propane); Janet Toppenberg (CEO, Elk Grove Chamber of Commerce); Gary Peterson, (General Manager, Weyerhauser Company); Larry and Mrs. Castles, Mary Brockmire.  recommendation.  project (filed).  Speakers supporting project: Rod Blonien.  Mr. Harlan reported a substantial effort to balance the jobs/homes balance by including  office/industrial zoning. Mr. Harlan requested project approval. Mayor Soares declared the public hearing closed at 7:48 p.m.  Elk Grove City Council Regular Meeting, March 22, 2006  Page 60f13    Several Councilmembers voiced their opposition to the residential component presented Planning Director Christine Crawford confirmed that the Planning Commission Gwen Owens, Public Works, provided information on the proposed realignment of Motion: M/S Briggs/Scherman to adopt a Mitigated Negative Declaration and MMRP for Waterman Park 75, Project No. EG-05-928. The motion passed by the following Motion: M/S Briggs/Scherman directing staff to prepare an amendment to the City General Plan Land Use Policy Map, East Elk Grove Policy Area Land Use Map and East Elk Grove Specific Plan incorporating the land use categories and configurations approved for Waterman Park 75, Project No. EG-05-928. The motion passed by the Motion: M/S Scherman/Briqgs to introduce and waive the full reading, by substitution oft title only, an ordinance (Ordinance No. 14-2006) amending the City of Elk Grove Zoning Map from AG-20 Permanent Agricultural Zoning District to LC Limited Commercial, MP Industrial-Ofice Park, M-1 Light Industrial and "O" Recreation/Open Space Zoning Districts, increasing the open space area to a minimum of 10.8 acres for Waterman Park 75, Project No. EG-05-928. The motion passed by the following Motion: M/S Scherman/Briggs to adopt a resolution (Resolution No. 2006-72) approving a Large Lot Tentative Subdivision Map for Waterman Park 75, Project No. EG-05-928 subject to the findings and conditions of approval. The motion passed by  by the applicant for this location.  recommendations do not include the residential portion of the project.  Waterman Road.  vote: Ayes: 5; Noes: 0; Abstentions: 0  following vote: Ayes: 5; Noes: 0; Abstentions: 0  vote: Ayes: 5; Noes: 0; Abstentions: 0  the following vote: Ayes: 5; Noes: 0; Abstentions: 0  Agenda Item No. 6.4: A public hearing to consider establishing Community Facilities District No. 2006-1 (Maintenance Services), calling an election and declaring the  results, levying and apportioning said special tax  RECOMMENDATION:  1)  Establish Community Facilities District No. 2006-1 (Maintenance Services) and call an election for the purpose of submitting the levy of a special tax, and establish an appropriations limit to the qualified electors of the district; 2) Declare the results of the special election held March 22, 2006 in Community  Facilities District No. 2006-1  Elk Grove City Council Regular Meeting, March 22, 2006  Page 7 of13    3)  Introduce and waive the full reading by substitution of title only, an ordinance levying and apportioning the special tax in Community Facilities District No.  2006-1 (Maintenance Services)  Mayor Soares declared the public hearing open at 8:05 p.m.  Joe Chinn, Finance Director, provided an overview of the staff report and  recommendation.  Mayor Soares opened the public comment opportunity.  The following persons provided comment for Council consideration: Janet Toppenberg (CEO, Elk Grove Chamber of Commerce); Ardie Zahedani (Building Industry Inr response to Mr. Zahedani's comments, Mr. Chinn noted that staff would support participation by property owners not in the initial annexation via a memorandum of Mayor Soares closed the public comment opportunity and the public hearing at 8:14 Motion: M/S Leary/scnerman to adopt a resolution (Resolution No. 2006-73) establishing Community Facilities District No. 2006-1 (Maintenance Services) and call an election for the purpose of submitting the levy of a special tax, and establish an appropriations limit to the qualified electors of the district. The motion passed by the The City Council proceeded to Agenda Item Nos. 7.1 and 7.2 during the ballot tabulation. After the conclusion of Agenda Item No. 7.2, the Council returned to Agenda With all ballots received, City Clerk Peggy Jackson announced that of a possible 188 votes, 188 votes were cast affirmatively in favor of levying the special tax [No "no" votes Motion: M/S Leary/Cooper to adopt a resolution (Resolution No. 2006-75) declaring the results of the special election held March 22, 2006 in Community Facilities District No. 2006-1. The motion passed by the following vote: Ayes: 5; Noes: 0 Motion: M/S Leary/Scherman to introduce and waive the full reading, by substitution of title only, an ordinance (Ordinance No. 15-2006) levying and apportioning the special tax in Community Facilities District No. 2006-1 (Maintenance Services). The  Association).  understanding, allowing the property owners' maps to move forward.  p.m.  following vote: Ayes: 5; Noes: 0  Item No. 6.4  were received).  motion passed by the following vote: Ayes: 5; Noes: 0  Elk Grove City Council Regular Meeting, March 22, 2006  Page 8 of13    REGULAR. AGENDA ACTION ITEMS/REÇOMMENDATIONS  Agenda Item No. 7.1: Approve Final Map for Subdivision No. 04-644.00 Coventry RECOMMENDATION: Staff recommends approval of the Final Map for Subdivision  No. 04-644.00 Coventry  Bob Lee, Development Services, presented the item for Council approval.  With no public requests to speak, Mayor Soares closed the public comment Motion: M/S Cooper/Scherman to adopt a resolution (Resolution No. 2006-74) approving the Final Map for Subdivision No. 04-644.00 Coventry. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent from the dais: 1 (Leary)  opportunity.  Agenda Item No. 7.2: Consider an interim urgency ordinance to establish certain in-lieu payments for the deferment and construction of street improvements within the rural RECOMMENDATION: To adopt an interim urgency ordinance to establish certain in- lieu payments for the deferment and construction of street improvements within the rural City Attorney Tony Manzanetti read the following statement of recusal into the record:  residential area of the city.  residential areas of the City.  "1 need to disclose that I may have a financial interest in this item. Therefore, I will not be participating in this item. The record should reflect my recusal on this item and my abstention from participation in this matter. In addition to the recusal here today, I have not made, participated in making nor otherwise  influenced or attempted to influence this decision."  Mr. Manzanetti vacated the Council Chamber during item consideration. Public Works Director Michael Kashiwagi, provided the staff report overview. Mayor Soares opened the public comment opportunity at 8:17 p.m. Conley, William Myers, June Coats, Tom Shine, Shirley Peters. Mayor Soares closed the public comment opportunity at 8:30 p.m.  The following persons provided public comment for Council consideration: Constance  Elk Grove City Council Regular Meeting, March 22, 2006  Page 9 of13    Mark Wasser, legal counsel representing the City, confirmed that the ordinance is Motion: M/S Leary/Briggs to adopt an urgency ordinance (Ordinance No. 16-2006) to establish certain in-lieu payments for the deferment and construction of street improvements within the rural residential areas of the City. The motion passed by the  presented as an urgency ordinance, without an interim provision.  following vote: Ayes: 5; Noes: 0  Note: City Attorney Manzanetti returned to the Council Chambers prior to consideration Agenda Item No. 7.3: Consider an ordinance amending Section 22.40.000 regarding RECOMMENDATION: To introduce and waive the full reading by substitution of title only, an ordinance amending section 22.40.000 regarding the application of Chapter Anthony Manzanetti, City Attorney, provided an overview of the staff report and recommendation. He noted this item exempts Vintara Park from the Quimby ordinance  of item 7.3.  the application of Chapter 22.40 covering parks fees and dedications  22.40 covering parks fees and dedications  process.  Mayor Soares opened the public comment opportunity at 8:37 p.m.  The following persons provided public comment for Council consideration: Lynn  Wheat, Kathy Lee.  Mayor Soares closed public comment at 8:40 p.m.  The City Attorney also noted that the Council has been provided with revised ordinance language removing language relative to the Laguna Ridge area. He noted typographical corrections needed (22.40.005 should read 22.40.000; amended should Motion: M/S Cooper/Scherman to introduce and waive the full reading, by substitution of title only, an ordinance (Ordinance No. 17-2006) amending section 22.40.000 regarding the application of Chapter 22.40 covering parks fees and dedications with corrections noted by the City Attorney. The motion passed by the following vote:  be followed to reflect "by adding the following text to..." :  Ayes: 5; Noes: 0  Elk Grove City Council Regular Meeting, March 22, 2006 Page 10 of13    GENERAL ADMINISTRATION INFORMATION  Police activities report Chief Simmons reported that the recruitment video produced by the transition team will be receiving an award from the Sacramento Public Relations  Association.  COUNCIL COMMENTS/FUTURE AGENDAI ITEMS Reports on Regional Boards, Commissions, Committees be held. The next regular meeting will be held on April 26.  Mayor Soares noted that due to a lack of a quorum, the April 12, 2006 meeting will not  Councilmember Cooper  Announced that the Metropolitan Transportation Plan and Air Quality Conformity Analysis was approved which takes the City closer to getting out of the conformity lapse. The Federal review is anticipated in mid-April. $250,000 of grant funds has been received for bus stops and shelters. An additional $300,000 has been received for bus rapid transit / light rail study. $150,000 of grant funds have been received for environmental document of Phase II of the Old Town Elk Grove Improvement Project (School to Kent ar meeting is scheduled to consider the Elk Grove/Rancho Cordova/FolsomE Dorado connector at Pleasant Grove Elementary School at 5:30 p.m. on  Sts.)  March 29. Interested parties are encouraged to attend.  Councilmember Briggs  Reported there will be an Air Quality Management Board meeting tomorrow Reported he will be attending the Dublin, Ireland Study Mission organized by the Sacramento Metropolitan Chamber of Commerce. He noted he will use As a future agenda item, requested information on traffic /t traffic enforcement,  (3/23/06).  his personal funds for the trip.  beefing up enforcement in neighborhoods.  Elk Grove City Council Regular Meeting, March 22, 2006 Page 11 of13    Mayor Pro Tem Scherman  Reported that today was Robert Shanks' last day as Director of the Sacramento Regional County Sanitation Board. He is replaced by Mary Questioned whether the City has an ordinance about leaving garbage The City Attorney responded that the garbage receptacles are monitored only Mayor Pro Tem Scherman requested the meeting be adjourned in Announced that March 31 is the deadline for Planning Commission  Snyder.  receptacles in view.  in those areas wherein CC&Rs are enforced.  memory of the Mayor's father.  applications.  Councilmemberl Leary  Reported that he and Communications Director Cody Tubbs met with Dan  Quigle and Ron Gangl resulting in good discussion.  Mayor Soares  Reported that the City has passed the first review phase of the Preserve America program. Additional information should be forthcoming in four to  five weeks.  CLOSED SESSION  Prior to adjourning to closed session, the Council observed a moment of silence to With no public requests to speak, the Council adjourned to closed session at 8:52 p.m.  recognize the passing of Lee Soares, father of Mayor Rick Soares. too consider the following items announced by Mayor Soares:  A) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation  Pursuant to GC Section 54956.9 (b)  One (1) Case  Elk Grove City Council Regular Meeting, March 22, 2006 Page 12of13    B) EXISTING LITIGATION Pursuant to GC 54596.9(a) Three (3) cases  1. Elk Grove Community Services District V. City of Elk Grove, Sacramento Superior Court Case No. 05AS00612 2. Kalwani and Sheldon Business Park LTD V. City of Elk Grove, et. al.Sacramento County Court of Appeal No. C051246 3. Super Pallet Recycling Corporation, Gyan Kalwani V. Cityof Elk Sacramento County Superior Court Case No. 06CS00044  Grove City Council, City of Elk Grove  The open session of the regular city council meeting reconvened at 8:57 p.m. The Mayor announced no reportable action was taken during closed session.  ADJOURNMENT Soares,  The meeting was adjourned at 8:57 p.m. in memory of Lee Soares, father of Mayor Rick  R PEGGY JACKSON, CITY CLERK  ATTEST: RICK SOARES, MAYOR hE CITY OF ELK GROVE  Elk Grove City Council Regular Meeting, March22,2006 Page 13of13