Mayor Soares called the December 4, 2002 regular City Council meeting to order at 6:32 p.m.

CITY OF ELK GROVE Incorporated July 1, 2000 MINUTES OF THE CITY COUNCIL REGULAR MEETING Wednesday, December 4, 2002 CITY HALL COUNCIL CHAMBERS and Remote Location: Lillian Carden Community Center 222 3 rd Avenue, Quantico, VA 22134 CALL TO ORDER/ROLL CALL Mayor Soares called the December 4, 2002 regular City Council meeting to order at 6:32 p.m. Present: Absent: Mayor Soares, Mayor Pro Tem Briggs, Councilmembers Cooper (via teleconferencing), Leary and Scherman None Mayor Soares led the Pledge of Allegiance. PUBLIC COMMENT Holly Graziadei related that she had spoken with a CalTrans project manager who confirmed the availability of funds to construct a masonry soundwall for East Stockton Boulevard. She also stated that SACOG has STIP funding for regional projects funding. Relative to the agreement proposed by the City to implement interim repairs to the existing soundwall. Ms. Graziadei requested a provision be added that the agreement does not cover the future replacement of the metal wall with a concrete wall, and that the City intends to work with the property owners to cover the City s fair share for the construction of a masonry wall. In response to Councilmember Leary, City Engineer Bob Lee confirmed that CalTrans representative, Jeff Pulverman, confirmed that there is no funding available for the soundwall construction. Mr. Lee stated that he and Mr. Oviedo, would follow through on the information offered by Ms. Graziadei. Sarah Johnson reported that recently the U.S. Supreme Court had issued a ruling reversal relative to truck route restrictions, and asked that the Council consider limiting the heavy truck traffic in Old Town. Councilmember Scherman reported that City Manager John Danielson is working on the issue.

APPROVAL OF AGENDA Motion: M/S Scherman/Briggs to approve the agenda, with the removal of Agenda Item No. 5.16. The motion passed by the following roll call vote: Ayes: 5; Noes: 0 PRESENTATIONS/ANNOUNCEMENTS None. CONSENT CALENDAR ITEMS Motion: M/S Briggs/Scherman to approve the Consent Calendar, with Agenda Item No. 5.16 removed at the approval of the agenda, and amending Consent Item No. 5.15 to revise the resolution to communicate the Council s position to the Board of Supervisors relative to future consideration of zoning matters in the Laguna West annexation area. The motion passed by the following roll call vote: Ayes: 5; Noes: 0 Agenda Item No. 5.1: Approve Warrant Listing through November 19, 2002 (Warrants 005236 through 005297) Agenda Item No. 5.2: Approve Monthly Treasurer s Report for October 2002 Agenda Item No. 5.3: to adopt Resolution No. 2002-202 consenting to the on-going representation of the City of Elk Grove and the Elk Grove Cosumnes Cemetery District by Kronick, Moskovitz, Tiedemann & Girard and written consent to their on-going representation Agenda Item No. 5.4: Adopt Ordinance No. 44-2002, an Ordinance of the City Council of the City of Elk Grove amending Title 3, Chapter 1, Article 1 of the City of Elk Grove Zoning Code related to storage and parking of vehicles (Second Reading) Agenda Item No. 5.5: Reclassify the salary of the Accounting Manager, Community Enhancement Manager, Human Resource Manager and the Deputy City Clerk; and retitle the position of Secretary to Administrative Assistant to remain competitive with the compensation packages of other cities Page 2 of 11

Agenda Item No. 5.6: to adopt Resolution No. 2002-203 approving the final map for Franklin Meadows Unit 3 and authorizing the Mayor to execute a Subdivision Improvement Agreement between the City of Elk Grove and Dunmore Laguna Reserve, LLC, a California Limited Liability Company Agenda Item No. 5.7: to adopt Resolution No. 2002-204 approving the final map for Arcadian Village Unit 2 Village A Phase II and authorizing the Mayor to execute a Subdivision Improvement Agreement between the City of Elk Grove and George Tsakopoulos and Drosoula Tsakopoulos as Trustees of the Tsakopoulos Family Trust Agenda Item No. 5.8: to adopt Resolution No. 2002-205 approving the final map for Arcadian Village Unit B and authorizing the Mayor to execute a Subdivision Improvement Agreement between the City of Elk Grove and Norwest Properties LLC, a California Limited Liability Company Agenda Item No. 5.9: to adopt Resolution No. 2002-206 approving the final map for Arcadian Village Unit C-1 and authorizing the Mayor to execute a Subdivision Improvement Agreement between the City of Elk Grove and Norwest Properties LLC, a California Limited Liability Company Agenda Item No. 5.10: to adopt Resolution No. 2002-207 approving the final map for Arcadian Village Unit C-2 and authorizing the Mayor to execute a Subdivision Improvement Agreement between the City of Elk Grove and Norwest Properties LLC, a California Limited Liability Company Agenda Item No. 5.11: to adopt Resolution No. 2002-208 approving the final map for Windsor Downs Unit No. 1 and authorizing the Mayor to execute a Subdivision Improvement Agreement between the City of Elk Grove and Lennar Renaissance, Inc., a California Corporation Agenda Item No. 5.12: to adopt Resolution No. 2002-211 approving the final map for Laguna Creek South, Village 4B and authorizing the Mayor to execute a Subdivision Improvement Agreement between the City of Elk Grove and Park Meadows Development LLC, a Delaware Limited Liability Company Agenda Item No. 5.13: to adopt Resolution No. 2002-212 approving the final map of Merger and Re-subdivision of lots 296 thru 305 of Subdivision No. EG-SC-904-PM-033 Page 3 of 11

for Jungkeit Dairy Unit No. 3 between the City of Elk Grove and Beazer Homes Holding Corp., a Delaware Corporation Agenda Item No. 5.14: to adopt Resolution No. 2002-213 authorizing the execution of a Joint Community Facilities agreement between the City of Elk Grove and the Elk Grove Community Services District (CSD) to finance authorized facilities by a Mello- Roos Community Facilities District formed by the City that may be owned or operated by the CSD Agenda Item No. 5.15: to adopt Resolution No. 2002-214 opposing the Maritime West Project located in Sacramento County on the northeast corner of the Interstate 5 and the Elk Grove Boulevard interchange in Laguna West, APN Nos. 119-1920-001 through 010, to include a provision to communicate the Council s position to the Board of Supervisors relative to future consideration of zoning matters in the Laguna West annexation area Agenda Item No. 5.16: authorizing the City Manager to execute a five-year contract between the City of Elk Grove and the Sacramento County of Sacramento for animal control services effective January 1, 2003 Removed (Agenda Item No. 5.16 was removed from the Consent Calendar at the Approval of the Agenda for consideration at a future meeting.) Agenda Item No. 5.17: to adopt a resolution of the City Council Declaring its Intention to Establish the Community Facilities District No. 2003-1 (Poppy Ridge) (Resolution No. 2002-209), and adopt a resolution Declaring the Necessity to Incur Bonded Indebtedness and Calling for a Public Hearing (Resolution No. 2002-210) PUBLIC HEARINGS Agenda Item No. 6.1: Public Hearing: Pre-Zoning of the Laguna West Area: Consider the pre-zoning of land in the Laguna West Area, described generally as that area bounded on the north by the northern property lines of the parcels adjacent to the north side of Laguna Boulevard which are currently zoned M-1 as shown on the County of Sacramento Zoning Map; on the west by the I-5 Freeway right of way; on the south by the southern boundary of the Stonelake project as approved by the County of Sacramento and (east of the Stonelake project) the centerline of Elk Grove Boulevard; and on the east by the Elk Grove City Limits RECOMMENDATION: Staff recommends that the City Council introduce and waive the full reading, by substitution of title only, an ordinance of the City Council of the City of Page 4 of 11

Elk Grove to Pre-Zone Property in the Laguna West Area to Various Commercial, Office, Industrial, Residential, and Other Designations Mayor Soares opened the public hearing at 6:50 p.m. Eric Norris of the Planning Department reviewed the City s efforts to date to process the annexation of the Laguna West area and to extend the City s sphere of influence. Mr. Norris explained that part of the process required by LAFCo is for the City to prezone the property to establish the zoning districts once the annexation is completed. Mr. Norris explained that the pre-zoning must remain unchanged for two years following annexation. The pre-zoning recommendation presented by staff matches the current County zoning designations. He stated that if, in the interim prior to the annexation of the property, the Sacramento County Board of Supervisors acts to re-designate any of the current zoning, upon annexation those parcels re-designated by the Board of Supervisors will revert to the status of the Council s pre-zoning designations. Mr. Norris stated that staff will prepare and present a detailed master services element to LAFCo by the end of December. He projected those public hearings to consider the annexation should be scheduled before LAFCo in March or April of 2003 with the hearing process to be completed by June or July. Councilmember Leary questioned whether holding an advisory vote to demonstrate the will and desire of the Laguna West residents on becoming annexed to the City of Elk Grove would be beneficial. Mayor Soares suggested that staff develop this information as a topic for a future agenda item. The public hearing was closed at 6:51 p.m. with no requests to speak. Motion: M/S Briggs/Scherman to introduce and waive the full reading, by substitution of title only, Ordinance No. 45-2002, an ordinance of the City Council of the City of Elk Grove to Pre-Zone Property in the Laguna West Area to Various Commercial, Office, Industrial, Residential, and Other Designations. (The ordinance title was read into the record). The motion passed by the following roll call vote: Ayes: 5; Noes: 0 Agenda Item No. 6.2: Public Hearing: Amending Chapter 16.95 of the Elk Grove Municipal Code relative to Deferral of Certain Impact Fees RECOMMENDATION: Staff recommends that the City Council introduce and waive the full reading, by substitution of title only, of an ordinance of the City Council of the City of Elk Grove, amending Chapter 16.95 of the Elk Grove Municipal Code Relative to the Deferral of Certain Impact Fees Page 5 of 11

Mayor Soares opened the public hearing at 6:55 p.m. Les Tyler, Administrative Services Director, reported that approval of the proposed amendment would incorporate changes adopted by the City Council into the municipal code relative to fees. The ordinance would also make provision for the City to deny a commercial project should it be determined that the project would negatively impact or be in conflict with the City s capital improvement program. Mr. Tyler also clarified that the proposed ordinance has been revised to be applicable to all Auto Mall projects. The public hearing was closed at 6:56 p.m. with no requests to speak. Motion: M/S Leary/Scherman to introduce and waive the full reading by substitution of title only, Ordinance No. 46-2002, an ordinance of the City Council of the City of Elk Grove, amending Chapter 16.95 of the Elk Grove Municipal Code Relative to the Deferral of Certain Impact Fees; and delete the wording Phase II from section 16.95.020(5) of the ordinance. (The ordinance title was read into the record). The motion passed by the following roll call vote: Ayes: 5; Noes: 0 REGULAR AGENDA ACTION ITEMS/RECOMMENDATIONS Agenda Item No. 7.1: Sacramento Regional County Sanitation District (SRCSD) proposed service expansion RECOMMENDATION: Sacramento Regional County Sanitation District (SRCSD) Boardmember and City Councilmember Sophia Scherman requested direction from the Council on supporting or rejecting the proposed expansion of the SRCSD areas outside the District s service area City Engineer Bob Lee, introduced SRCSD Director of Water Quality and District Engineer, Bob Shanks. Mr. Shanks explained that the district provides wastewater conveyance and treatment services to the Sacramento County urbanized region, serving 1.1 million residents. Mr. Shanks displayed a map of the area being considered for expanded service, the Placer Vineyards specific plan area, north of the Sacramento County boundary line. He noted that as part of Placer County s specific plan for that area, SRCSD was requested to consider service to the area. The District is also considering the annexation of the City of West Sacramento and the Northern Territories area of Natomas for wastewater service. Page 6 of 11

Regarding Placer Vineyards, Mr. Shanks explained that there are two other options for service; the first is to transport the wastewater to the Dry Creek Wastewater Treatment Plant; the second is to transport to a facility now under construction. Treatment to either of the sites would require the transportation via waterways. Mr. Shanks stated that while it is possible to provide high levels of treatment for surface water, the preference is to take the discharges downstream of the water intakes. He noted that the residents of Elk Grove receive some surface water wheeled through the City of Sacramento. In the future, Elk Grove residents will be receiving more surface water through the construction of a new project with East Bay Municipal Utilities District (EBMUD). He noted that SRCSD staff prefers the conveyance of wastewater through a piping system, discharged below the community s water intake. Mr. Shanks related that the SRCSD Board reviewed principles of a proposed agreement and directed staff to build assurances into the contract that Placer Vineyards will be fully responsible for all costs incurred because of the project and that current ratepayers would not be subjected to additional costs resulting from the expanded service. He further explained that should the service be expanded to serve Placer Vineyards, this would be a contractual obligation and the area would not be annexed to the SRCSD. Mr. Shanks confirmed the long-term plant capacity for treatment. In response to Councilmember Leary s question relative to treatment of the wastewater created by Placer Vineyards by one of the treatment plans closer in proximity, Mr. Shanks noted that the costs are likely higher as pumping would be necessary to transmit the wastewater; and the current facilities have permits requiring a higher level of treatment than the regional treatment plant. Councilmember Leary expressed concern that the local residents will be required to finance the increased costs of the project although there is no local benefit. Mr. Shanks reiterated the direction of the Board for staff to isolate the increased costs for expanded service to the Placer Vineyards and other potential projects. Councilmember Scherman, who also serves as a Board Member to the SRCSD, voiced her concerns that the capacity to treat wastewater is not jeopardized, and should the Placer Vineyards project not be built out, that local residents are not penalized through additional costs. She requested the Council provide her direction on either opposing or supporting the request for expanded service. Mr. Shanks said that the District formation agreement states that the District may not provide service outside the district if it adversely impacts service to current members within the district. From a ratepayer perspective, he stated that there will be rate increases not influenced by expanded service, such as the imposition of increased regulation and costs of living factors. Page 7 of 11

Sarah Johnson, Shirley Peters and Pat Koenig spoke in opposition to the services expansion. Reasons cited were that the project is growth inducing and that the benefits to the service region are minimal. Motion: M/S Leary/Scherman to support the dual design of the pipeline facilities for smaller flows without the expanded service and for pipeline facilities to accommodate the expansion requests; and Councilmember Scherman to return to the City Council with additional information as the issue is considered before the SRCSD Board. The motion passed by the following roll call vote: Ayes: 5; Noes: 0 Agenda Item No. 7.2: Revision and Update of the Personnel Policy and Procedures RECOMMENDATION: Staff recommends that the City Council introduce and waive the full reading, by substitution of title only, of an urgency ordinance of the City Council of the City of Elk Grove, to repeal specified chapters of the Elk Grove Municipal Code relating to personnel and adopt new personnel rules and regulations with updated policies Assistant City Manager Terry Fitzwater presented the revised rules and regulations, modified to meet more stringent mandates of current labor laws and to enhance opportunities to empower the City s staff. He concluded that the revised document provides greater protection to employees and to the City. Motion: M/S Cooper/Scherman to introduce and waive the full reading by substitution of title only, Urgency Ordinance No. 47-2002, an urgency ordinance of the City Council of the City of Elk Grove, to repeal specified chapters of the Elk Grove Municipal Code relating to personnel and adopt new personnel rules and regulations with updated policies; and change wording in the Revised Personnel Rules and Regulations, Section P-5, under Repayment from twelve (12) months to Twenty Four (24) months. The motion passed by the following roll call vote: Ayes: 5; Noes: 0 Agenda Item No. 7.3: Declaration of the November 5, 2002 General Municipal Election results, installation of newly elected officers, and appointment of Mayor and Mayor Pro Tempore RECOMMENDATION: It is recommended that the City Council: 1. Adopt a resolution reciting the fact of the November 5, 2002; 2. Direct the City Clerk to deliver a Certificate of Election to each of the officers elected and to administer the Oath of Office; 3. Appoint a Mayor to serve for a 12-month term; and 4. Appoint a Mayor Pro Tempore to serve for a 12-month term. Page 8 of 11

Peggy Jackson, City Clerk, reviewed the election results and requested the Council adopt a resolution reciting the November 5, 2002 general municipal election results. The election results, as certified by the Sacramento County Registrar of Voters, are as follows: Election of officers from Council Districts 2 and 4: District 2 Votes Cast Rick Soares 11,482 Timothy Davis 8,488 District 4 Votes Cast Dan Briggs 6,786 Pat Perez 5,701 Jim Cook 4,273 Rick West 3,398 Councilmember Rick Soares was re-elected from Council District 2, to serve a full, fouryear term. Councilmember Dan Briggs was re-elected from Council District 4, to serve a full, four-year term. Measure O, establishing the City of Elk Grove s base year appropriations limit for Fiscal Year 2000-01 at $22,040,000: Yes Votes No Votes 13,511 5,050 Measure O was ratified by the voters. Motion (1): M/S Scherman/Leary to adopt Resolution No. 2002-215 reciting the fact of the November 5, 2002. The motion passed by the following roll call vote: Ayes: 5; Noes: 0 Following adoption of the resolution, the City Clerk delivered a Certificate of Election to each of the officers elected and administered their Oaths of Office; Motion (2): M/S Cooper/Leary to appoint Rick Soares as Mayor to serve for a 6-month term ending in June 30, 2003. The motion passed by the following roll call vote: Ayes: 5; Noes: 0 Page 9 of 11

Motion (3): M/S Leary/Cooper to appoint Sophia Scherman as Mayor Pro Tempore to serve for a 6-month term ending in June 30, 2003. The motion passed by the following roll call vote: Ayes: 5; Noes: 0 GENERAL ADMINISTRATION INFORMATION (a) Cancellation of the January 1, 2003 City Council meeting and schedule a special meeting in January as necessary. The Council directed the cancellation of the January 1, 2003 Council meeting. COUNCIL COMMENTS/FUTURE AGENDA ITEMS Councilmember Scherman Reported that the League of California Cities Board of Directors voted on the following recommendations of the Policy Leadership Committees as the Strategic Goal Options for 2003: o Budget Local service/revenue protection from the devastating State budget cuts. o Ethics Restore public confidence in the government, particularly in city government; and expand ethics education and training opportunities for elected and appointed officials. o Housing Expand the supply of housing in California in balance with the location of jobs. o Local Control Increase local control of land use and other local decisions, including the location and size of group homes Councilmember Leary Introduced Ryan Huber the new Security Officer at City Hall. Relative to Councilmember Leary s questions on the Laguna West advisory vote for annexation, David Storer, Assistant City Manager of Development Services, responded that staff would contact LAFCo to discuss timelines and possible options for an election or survey of the Laguna West area; and return to Council on January 15, 2003 with information. Councilmember Briggs Announced the Fourth Annual Breakfast with Santa to be held at Applebee s Restaurant on Saturday, December 14, 2002. The Rotary Club will host the breakfast. Proceeds go the Elk Grove Teen Center. Page 10 of 11

CLOSED SESSION None. ADJOURNMENT With no other business to conduct the regular City Council meeting of December 4, 2002 adjourned at 7:59 p.m. ATTEST: PEGGY E. JACKSON CITY CLERK RICK SOARES, MAYOR OF THE CITY OF ELK GROVE Page 11 of 11