City Council Report: May 28

Council passes budget, appoints charter commission members

Local residents laud court ruling against disputed Vintara Park project

By Ted Cox
Citizen Staff Writer

“We’re here tonight celebrating a victory, a victory over our own city,” said Elk Grove resident Kathy Lee.
With the ink barely dry on a Writ of Mandate from the Superior Court of California, Lee was one of five Elk Grove residents to address the Elk Grove City Council Wednesday night, lauding their recent court victory halting the Vintara Park development plans and calling for changes in the city’s development approval process.
“Vintara is no more,” Lee told the members of the city council.
The Writ of Mandate, which was handed down by Judge Gail D. Ohanesian, ordered the city of Elk Grove and the City Council to “set aside their actions of Feb. 22, 2006, approving the Negative Declaration and Initial Study for the Project, an ordinance rezoning the Project site and a resolution giving approval to a tentative subdivision map, large lot map, design review, and an exception to lot area requirements.”
The case, which was filed by an attorney representing the Quail Ranch Estates Association, claimed that the city failed to conduct the adequate environmental impact reports, was improperly piecemealed, and lacked adequate public review.
The Court agreed that the city had not conducted proper assessments of traffic impact and water availability. The Court rejected the Association’s arguments that that city did not properly assess issues concerning flooding and storm water, water and sewer facilities, and air quality. The Court also rejected the Association’s arguments that the project was improperly piecemealed, that the mitigated negative declaration was improperly recirculated, or that the City did not provide adequate public review of the project.
“It is not our goal tonight to stand before you full of arrogance and self-indulgence,” said Rachelle Reinwald, a representative of the Quail Ranch Estates Association. “It is instead our goal to encourage you to use these events as an opportunity to evaluate the planning process.”
All five city council members were in attendance, but Elk Grove Mayor Gary Davis was the only council member to address the ruling, called the Vintara Park Project, “an example of bad past practices.”
Davis also expressed his hope that future developers conduct “extensive community outreach.”
The night also featured the council adopted a balanced budget for Fiscal Year 2008-2009 after a continued discussion from the previous meeting on May 14.
City Finance Director Rebecca Craig made a brief presentation and answered questions from council members.
The budget includes two new city employee positions: a Community Enhancement Inspector, which would be funded by the Solid Waste Fund, and an Assistant City Attorney, which would be funded by a reduction in legal services.
Council members also considered a request for funds by the Sacramento Area Commerce & Trade Organization, which facilitates economic development in the region. SACTO Executive Director Barbara Hayes was on-hand to respond to concerns about a requested $30,000 allocation of funds to SACTO for economic development in Elk Grove. The figure is based on a $0.25 per capita contribution derived from the 2000 census figures.
In their previous meeting, the city council had earmarked $1,000 in funding to SACTO. Wednesday the council unanimously approved a motion to allocate another $9,000, bringing the total allocation to $10,000. The funding will be achieved by a decrease in contributions to the city’s reserve funds.
Council members expressed gratitude to the City staff for preparing a balanced budget in a time when other governments are facing budget deficits.
“I’m excited about bringing a balanced budget back to this community,” said District 3 Council Member Michael Leary. “It’s really unique in this region to have a community that has a balanced budget.”
Council Member Jim Cooper, however, cautioned that harder times might be ahead.
“I don’t think we should puff out our chests, because our time may come,” Cooper said.
In a move to make Elk Grove a charter city, the council appointed seven people to the Charter Commission that was established in March.
“We got a lot of qualified applicants for this,” Davis said. Twelve people submitted applications for the seven open positions. Each council member selected one applicant to join the Commission, and two “at large” Commission members were selected by a council vote.
The five Commission members appointed directly by the city council were: Juanita Lopez, Jimmie Johnson, Christopher Orrock, Clifford Loveland, and Jake Allen. The Council voted unanimously to appoint “at large” members Heather Martin and William Farley.
Council members also requested that the newly appointed commission members be presented at the next city council meeting.
The commission was established to draft a charter to be presented to voters in Elk Grove in the 2010 general election. Resolution 2008-74 specified that each commission member must be at least 18 years of age, reside in the city, and be registered to vote.
The City Attorney’s Office has budgeted $150,000 to support the Commission for Fiscal Year 2008-2009.
Bob Williamson, senior project architect for the city of Elk Grove, spoke on a recommendation to expand the Corporation Yard Facilities to three yard locations.
The Corporation Yard currently houses the e-tran buses, the police fleet vehicles, and the city’s maintenance vehicles.
In 2006, the city hired SGS Group to examine the long-term needs of the Corporation Yard as the city ages and continues to grow. While the City currently owns 11.2 acres at the current yard location, SGS recommended that the City would need between 40 to 50 acres in the next 15 years.
Council members directed Williamson to proceed with an environmental review to explore possible new locations for the expanded yard.
Wednesday’s meeting also included a lengthy and sometimes rowdy discussion on alleged fencing violations throughout the city. Several residents expressed their frustration not only with what they believe are violations of the city’s fencing codes, but also that the city council has taken more than a year to resolve the issue.
At the center of the issue are several homes around the city that some residents say have expanded their fences beyond legal limits to make room for recreational vehicle parking.
Residents who addressed the council did little to mask their displeasure, sometimes speaking over council members or city staff after public comments were closed.
When Davis told the residents that the city council will be in contact with them, one person shot back from the audience, “We’ve been hearing that for a year now.”
Council members discussion included a proposed plan that would utilize aerial photographs to determine which homes were in violation of the codes. Part of the difficulty in enforcing the fencing issue is a lack of staff members to handle the complaints and the fact that some fences were legal in the County of Sacramento before the city of Elk Grove enacted new, shorter height requirements for fences.
The city council decided that instead of an aerial review of individual fences, a notice would be sent to homeowners when a complaint is received by the city. The homeowner would then have to prove their fence was constructed legally or face a fine.
The Council also appointed Mayor Davis as a representative on the Elk Grove Teen Center Board of Directors. Davis will replace Cooper, who resigned from the position May 13.