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Folsom City Council Meeting 6:30 Pm, Tues, 10 Jan 2017


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#1 camay2327

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Posted 06 January 2017 - 01:41 PM

CITY OF FOLSOM 

CITY COUNCIL REGULAR MEETING

www.folsom.ca.us

 

FOLSOM CITY COUNCIL CHAMBERS

50 NATOMA STREET, FOLSOM, CA

TUESDAY, JANUARY 10, 2017

6:30 PM

 

Andy Morin, Mayor

Kerri Howell, Vice Mayor                                                                                              Steve Miklos, Council Member

Ernie Sheldon, Council Member                                                                                  Roger Gaylord, Council Member

 

 

AGENDA

1.                Call to Order

2.                Roll Call:        

Council Members:       Gaylord, Howell, Miklos, Sheldon, Morin

 

The City Council has adopted a policy that no new item will begin after 10:30 p.m.  Therefore, if you are here for an item that has not been heard by 10:30 p.m., you may leave, as the item will be continued to a future Council Meeting.

3.               Pledge of Allegiance

4.               Agenda Update:

5.               Scheduled Presentations:

a.                Resolution of Commendation Honoring the Cummings Family for Receiving the 2016 Folsom Arts Achievement Award

b.                General Plan Update

6.               Business from the Floor

Members of the public are entitled to address the City Council concerning any item within the Folsom City Council's subject matter jurisdiction.  Public comments are limited to no more than three minutes.  Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda.

7.                Consent Calendar:

Items appearing on the Consent Calendar are considered routine and may be approved by one motion.  City Council Members may pull an item for discussion.

a.                Approval of the December 12, 2016 Special Meeting Minutes

b.                Approval of the December 13, 2016 Special/Regular Meeting Minutes

c.                Ordinance No. 1267 - An Ordinance of the City of Folsom Amending Sections 14.28.040 and 14.28.050 of the Folsom Municipal Code Concerning Swimming Pools, Spas and Hot Tubs (Second Reading and Adoption)

d.                Resolution No. 9863 - A Resolution Authorizing the City Manager to Execute a Memorandum of Agreement with the United States Department of Interior, Bureau of Reclamation, to Participate as a Non-Federal Partner for the American River Basin Study and Appropriation of Funds

e.                Resolution No. 9872 - A Resolution Appointing City Council Member Steve Miklos (Primary) and Mayor Andy Morin (Alternate) to the Capital Southeast Connector Joint Powers Authority Board of Directors

f.                 Resolution No. 9873 - A Resolution Appointing City Council Member Roger Gaylord to the Sacramento Metropolitan Air Quality Management District (SMAQMD) Board of Directors

g.                Resolution No. 9874 - A Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Mintier Harnish L.P., for Consulting Services to Update the General Plan, and Prepare the Environmental Impact Report and Appropriation of Funds (Contract 173-21 12-043)

h.               Resolution No. 9876 - A Resolution Authorizing the City Manager to Execute a Lease Agreement with Taras Chernyy for Operation of the Cafe Site at the Folsom Public Library, Georgia Murray Building

8.                Public Hearing:

a.                300 Persifer Street Project:  Mitigated Negative Declaration, General Plan Amendment, Rezone, Folsom Municipal Code Amendment, and Demolition (PN 16-264)

i.                 Resolution No. 9875 - A Resolution of the City of Folsom Adopting a Mitigated Negative Declaration, Amending the General Plan Land Use Designation from CC (Community Commercial) and SF (Single Family) to SFHD (Single Family High Density), and Approving Demolition of the City-Owned Structure for the 300 Persifer Street Project

ii.               Ordinance No. 1270 - An Uncodified Ordinance of the City of Folsom Amending the Zoning Designation for a Portion of APN 070-0172-048 from C-1 (Neighborhood Business District) to R-1-M (Single Family Dwelling, Small Lot District) (Introduction and First Reading)

iii.              Ordinance No. 1271 - An Ordinance of the City of Folsom Amending Sections 17.52.200 and 17.52.240 of the Folsom Municipal Code to Re-Designate the Historic District Subarea Designation for a Portion of APN 070-0172-048 from the Natoma Riley Bidwell Commercial Primary Area to the Persifer Dean Subarea (Introduction and First Reading)

9.                New Business:

a.                At-Large Appointments to the Arts and Cultural Commission, Historic District Commission, Landscaping and Lighting District Advisory Committee, Library Commission, Parks and Recreation Commission, Planning Commission, Traffic Safety Committee and Utility Commission

b.                Ordinance No. 1269 - An Ordinance of the City of Folsom Repealing Chapter 8.36 and Re-Enacting Chapter 8.36 of the Folsom Municipal Code Concerning Adoption of the Folsom Fire Code (Introduction and First Reading)

10.             City Manager Reports

11.             Council Comments

12.             Adjournment

NOTICE:  Members of the Public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item.  If you wish to address Council on an issue, which is on this agenda, please complete a blue speaker request card, and deliver it to a staff member at the table on the left side of the Council Chambers prior to discussion of the item.  When your name is called, stand to be recognized by the Mayor and then proceed to the podium.  If you wish to address the City Council on any other item of interest to the public, when the Mayor asks if there is any “Business from the Floor,” follow the same procedure described above.  Please limit your comments to three minutes or less.

NOTICE REGARDING CHALLENGES TO DECISIONS:   Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

 

As presiding officer, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disorderly conduct, or for making personal, impertinent, or slanderous remarks, using profanity, or becoming boisterous, threatening or personally abusive while addressing said Council, and to enforce the rules of the Council.

 

PERSONS INTERESTED IN PROPOSING AN ITEM FOR THE CITY COUNCIL AGENDA SHOULD CONTACT A MEMBER OF THE CITY COUNCIL.

 

The meeting of the Folsom City Council is being telecast on Metro Cable TV, Channel 14, the Government Affairs Channel, and will be shown in its entirety on the Friday and Saturday following the meeting, both at 9 a.m.  The City does not control scheduling of this telecast and persons interested in watching the televised meeting should confirm this schedule with Metro Cable TV, Channel 14. The City of Folsom provides live and archived webcasts of regular City Council meetings.  The webcasts can be found on the online services page of the City's website www.folsom.ca.us.

 

In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 355-7270, (916) 355-7328 (fax) or cfreemantle@folsom.ca.us.  Requests must be made as early as possible and at least two-full business days before the start of the meeting.

 

Any documents produced by the City and distributed to the City Council regarding any item on this agenda will be made available at the City Clerk’s Counter at City Hall located at 50 Natoma Street, Folsom, California and at the Folsom Public Library located at 411 Stafford Street, Folsom, California during normal business hours.

 

 


A VETERAN Whether active duty, retired, national guard or reserve - is someone who, at one point in their life, wrote a blank check made payable to "The United States of America" for an amount "up to and including their life". That is HONOR, and there are way too many people in this country who no longer understand it. -Author unknown-

#2 maestro

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Posted 09 January 2017 - 11:45 AM

..Item 8 Re:   Rezoning 300 Persifer St. at Coloma APN  070 0172 048
Natoma St. Rezones

DISCUSSION:

The city staff report is an egregious mis-statement of Govt. Code 66426.5, attached in entirety below.   City states the transfer of land, involving 5 or more parcels TO  or FROM a public entity are not considered a division of land subject to Subdivision Map Act.   Wrong.

Govt Code 66426.5 actually states that any land conveyed to a public agency for right of way or public utility, is not considered a subdivision.     

300 Persifer does not involve any dedications TO the city for right of way or utilities.   

 

The city is incorrect in stating this nearly ONE ACRE division into FIVE  or MORE Lots (see page 119 of 119)  Helix Report is NOT subject to the Subdivision Map Act of California.  

 

What is the city intent in disposing of structure and changing Land Use law and General Plan?  
If the city owns the land, what price is set for sale and development??
Who will own these houses?   The city?  
Is this in satisfaction of Fair Housing lawsuit, or is this land use change intended to generate INCOME for city?
Why aren't the Natoma Street land owners the petitioners for land usage changes?     By not making owners petition all the FEEs are lost -- and this is a considerable amount in city?
Who is looking out for the city residents, entitled to full disclosure, Fees, and honesty -- and Licensed Engineers as Law Enforcers?

If parcel is fully equipped with utilities and dedicated Rights of Way, why is 66426.5 being willfully misquoted??   Transfers from city ownership to private ownership ARE NOT exempt from the Subdivision Map Act.  Govt. Code 66426.5.

Where is a city engineer Seal/Approval for this substantial change impacting vacant and developed land?
Is this city attempt to avoid the strict letter of the law governing subdivisions of land?    Is this another bit of nonsense like the Folsom Industrial Zone Corp Yard, which the city will not subdivide because Subdivision Map Act REQUIRES FULL COMPLIANCE with streets, utilities, water, sewage, etc.

 

 

Exhibits:
http://www.folsom.ca...eport144702.pdf

Page 3 of 119,
STAFF REPORT states QUOTE:   "SUBDIVISION MAP ACT
Generally a subdivision map is required for the division of land into 5 or more parcels.  Pursuant to Govt Code 66426.5 :::  Conveyances of land to or from a public entity are not considered a division of land for purposes of computing the number of parcels to determine whether tentative and  final subdivision maps are required. Because all of the land being divided as a part of this project is City property, no subdivision map is required in this case.

CA Government Code states:   Subdivision Map Act  66426.5   END QUOTE.

 

 QUOTE GOVT CODE:  66426.5. Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for conveyance to that public utility for rights-of-way shall not be  considered a division of land for purposes of computing the number of parcels. For purposes of this section, any conveyance of land to a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license.
http://www.dot.ca.go..._Division_3.pdf

 



#3 ducky

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Posted 12 January 2017 - 08:07 AM

In lay terms, it looks like the city is planning on demolishing the old library site on Persifer (kitty-corner to Sutter Middle) and changing it to single-family high density?






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