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CITY COUNCIL AGENDA FOR 14 JANUARY 2003


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#1 camay2327

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Posted 13 January 2003 - 10:40 AM

CITY OF FOLSOM
CITY COUNCIL AGENDA
SPECIAL MEETING
FOLSOM CITY COUNCIL CHAMBERS FOLSOM, CA
TUESDAY, JANUARY 14, 2003
5:00 PM
 

1.                  Call to Order:

2.                  Roll Call:         Council Members:                 King, Morin, Starsky, Howell, Miklos

3.                  Adjournment to Closed Session for the Following Purposes:

a.                   Conference with Labor Negotiator - Pursuant to Government Code Section 54957.6:

Agency Negotiator:                   City Manager, Martha Clark Lofgren

Employee Organization:             Folsom Correctional Peace Officers' Association

b.                   Conference with Legal Counsel - Anticipated Litigation

Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(cool.gif(1)(A):

1 Potential Case

c.                   Conference with Real Property Negotiator - Pursuant to Government Code Section 54956.8:

Property:                       3.78 acre parcel located at the northern edge of The Enclaves
APN 071-0032-080

Negotiating Parties:       City Manager Martha Clark Lofgren on behalf of the City of Folsom
Jackson Chih on behalf of Renown Enterprises

Under Negotiation:        Price and Terms of Sale

d.                   Conference with Legal Counsel - Existing Litigation - Pursuant to Government Code Section 54956.9(a):

City of Folsom v. Finn, et al.
Sacramento County Superior Court Case No. 99AS03181

4.                  Reconvene:                Announcement of Final Action, If Any

5.                  Adjournment:
------------------------------------------------------------------------

CITY OF FOLSOM
CITY COUNCIL AGENDA
REGULAR MEETING
FOLSOM CITY COUNCIL CHAMBERS FOLSOM, CA
TUESDAY, JANUARY 14, 2003
6:30 PM
 

1.                  Call to Order:

2.                  Pledge of Allegiance:

3.                  Roll Call:         Council Members:                 King, Morin, Starsky, Howell, Miklos
 
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 put over to a future Council Meeting.

4.                  Approval of Minutes:

December 9, 2002         (Special Meeting)

5.                  Agenda Update:                      Assistant City Manager

6.                  Scheduled Presentations:

a.                   Presentation by Jr. Girl Scout Troop #695

b.                   A Resolution of Commendation Honoring Jeffrey M. Starsky for his Accomplishments as Mayor of the City of Folsom

7.                  Consent Calendar:

a.                   Resolution No. 7000 - A Resolution Approving the Parks and Recreation Master Plan - 2002 Implementation Plan Update

b.                   Resolution No. 7001 - A Resolution Requesting that the Federal Aviation Administration (FAA) Test the FAA Published VOR/DME Approach to Runway 22L for 120 Days for the Purpose of Noise Abatement

c.                   Resolution No. 7002 - A Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Credit/Reimbursement Agreement with Elliott Homes, Inc. for Broadstone Unit 3 Project Transportation Improvements and Appropriation of Funds

8.                  Old Business:

a.                   City of Folsom General Plan Land Use Diagram Amendment and Zoning Map Amendment Regarding Changes in Land Use for the Residences at American River Canyon, Located at the Southeast Corner of American River Canyon Drive and Oak Avenue Parkway

i.                     Resolution No. 6998 - A Resolution to Amend the General Plan Land Use Diagram for a 4.03-Acre Site Located on the Southeast Side of Oak Avenue Parkway and American River Canyon Drive, from Specialty Commercial District (CA) to Single-Family (SF)

ii.                   Ordinance No. 984 - An Uncodified Ordinance to Amend the Zoning Map Designation for a 4.03-Acre Site Located on the Southeast Side of Oak Avenue Parkway and American River Canyon Drive, to Rezone the Site from Business and Professional District (BP) to Single-Family Dwelling, Small Lot District (R-1 M) (Second Reading)

iii.                  Vesting Tentative Subdivision Map (PN02-097) to Subdivide a 4.03-Acre Parcel into 17 Single-Family Residential Lots in Conformance with the R-1-M Zoning District

b.                   Ordinance No. 983 - An Ordinance Amending Chapter 9.88 of the Folsom Municipal Code to Address the Use and Possession of Paintball Guns in Public Places (First Reading)

9.                  Public Hearing:

a.                   Request for Approval of a Vesting Tentative Subdivision Map and Planned Development Permit for the Construction of 122 Single-Family Residences for the Enclave at California Hills and Mitigated Negative Declaration

b.                   Staff-Initiated General Plan Land Use Diagram Amendments and Rezones to Change the Existing Land Use Designation to Allow for Multi-Family Residential Development:

i.          Site 1:  The Project Site is Located at 9477 Greenback Lane, Between River Rock Road and Main Avenue, on the North Side of the Street (Assessor’s Parcel Number 223-0122-018)

Consideration of Mitigated Negative Declaration

Resolution No. 7003 - A Resolution to Amend the General Land Use Designation for a 0.2-Acre Parcel Located at 9477 Greenback Lane from CC (Community Commercial) to Multi-Family, High-Density Residential (MHD)

Ordinance No. 985 - An Uncodified Ordinance to Amend the Zoning Designation for a 0.2-Acre Parcel Located at 9477 Greenback Lane from C-3 (General Commercial District) to R-4 PD (General Apartment District, Planned Development District) (First Reading)

ii.          Site 2:  The Project Site is Located at 530 Levy Road, East of Sibley Street (Assessor’s Parcel Number 071-0370-013)

Consideration of Mitigated Negative Declaration

Resolution No. 7004 - A Resolution to Amend the General Plan Land Use Designation for a 2.2-Acre Parcel Located at 530 Levy Road from IND (Industrial/Office Park) to Multi-Family, High-Density Residential (MHD)

Ordinance No. 986 - An Uncodified Ordinance to Amend the Zoning Designation for a 2.2-Acre Parcel Located at 530 Levy Road from M-2 PD (General Industrial-Planned Development District) to R-4-PD (General Apartment District-Planned Development District) (First Reading)

iii.         Site 3:  The Project Site is Located at 7081 Folsom-Auburn Road, North of Oak Avenue Parkway (Assessor’s Parcel Number 213-0071-006)

Consideration of Mitigated Negative Declaration

Resolution No. 7005 - A Resolution to Amend the General Plan Land Use Designation for a 2.0-Acre Parcel Located at 7081 Folsom-Auburn Road from Single-Family (SF) to Multi-Family, High-Density Residential (MHD)

Ordinance No. 987 - An Uncodified Ordinance to Amend the Zoning Designation for a 2.0-Acre Parcel Located at 7081 Folsom-Auburn Road from R-1-ML (Single-Family Dwelling – Medium Lot) to R-4-PD (General Apartment District-Planned Development District) (First Reading)

10.              New Business:

a.                   Ordinance No. 977 - An Ordinance of the City of Folsom Amending Chapters 14.02, 14.04, 14.08, 14.12, 14.16, 14.22 and 14.28 of Title 14 of the Folsom Municipal Code Concerning Adoption of Current Codes and a Provision of the California State Building Code (First Reading)

b.                   Report on Sacramento Regional County Sanitation District Governance Issues

11.       Convene Redevelopment Agency Meeting:

a.         Roll Call:           Board Members:           King, Morin, Starsky, Howell, Miklos

b.         Receive and File Financial Reports:

i.          Resolution No. 195 – R – A Resolution Accepting the Annual Financial Report of the Folsom Redevelopment Agency for the 2001/02 Fiscal Year

c.         Adjournment:

12.       Business from the Floor:

13.       City Manager Reports:

14.       Council Comments:

15.       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 the blue speaker request form attached to the agenda, and deliver it to the City Clerk prior to the meeting.  When your name is called, stand to be recognized by the Mayor and then proceed to the podium.  If you wish to address the 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.
 
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.
 
Tonight’s 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 Friday, January 17, 2003, and Saturday, January 18, 2003, 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.
 
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, then please contact the City Clerk’s Office at (916) 355-7270, (916) 355-7328 (fax) or cschmidt@folsom.ca.us.  Requests must be made as early as possible, and at least one-full business day before the start of the meeting.

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 Terry

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Posted 13 January 2003 - 12:17 PM

What's your point with the emoticon next to GC Section 54956.9? The text of that Government Code is as follows:


54956.9. Nothing in this chapter shall be construed to prevent a
legislative body of a local agency, based on advice of its legal
counsel, from holding a closed session to confer with, or receive
advice from, its legal counsel regarding pending litigation when
discussion in open session concerning those matters would prejudice
the position of the local agency in the litigation.
For purposes of this chapter, all expressions of the lawyer-client
privilege other than those provided in this section are hereby
abrogated. This section is the exclusive expression of the
lawyer-client privilege for purposes of conducting closed-session
meetings pursuant to this chapter.
For purposes of this section, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
For purposes of this section, litigation shall be considered
pending when any of the following circumstances exist:
(a) Litigation, to which the local agency is a party, has been
initiated formally.
(b) (1) A point has been reached where, in the opinion of the
legislative body of the local agency on the advice of its legal
counsel, based on existing facts and circumstances, there is a
significant exposure to litigation against the local agency.
(2) Based on existing facts and circumstances, the legislative
body of the local agency is meeting only to decide whether a closed
session is authorized pursuant to paragraph (1) of this subdivision.

(3) For purposes of paragraphs (1) and (2), "existing facts and
circumstances" shall consist only of one of the following:
(A) Facts and circumstances that might result in litigation
against the local agency but which the local agency believes are not
yet known to a potential plaintiff or plaintiffs, which facts and
circumstances need not be disclosed.
(B) Facts and circumstances, including, but not limited to, an
accident, disaster, incident, or transactional occurrence that might
result in litigation against the agency and that are known to a
potential plaintiff or plaintiffs, which facts or circumstances shall
be publicly stated on the agenda or announced.
© The receipt of a claim pursuant to the Tort Claims Act or some
other written communication from a potential plaintiff threatening
litigation, which claim or communication shall be available for
public inspection pursuant to Section 54957.5.
(D) A statement made by a person in an open and public meeting
threatening litigation on a specific matter within the responsibility
of the legislative body.
(E) A statement threatening litigation made by a person outside an
open and public meeting on a specific matter within the
responsibility of the legislative body so long as the official or
employee of the local agency receiving knowledge of the threat makes
a contemporaneous or other record of the statement prior to the
meeting, which record shall be available for public inspection
pursuant to Section 54957.5. The records so created need not
identify the alleged victim of unlawful or tortious sexual conduct or
anyone making the threat on their behalf, or identify a public
employee who is the alleged perpetrator of any unlawful or tortious
conduct upon which a threat of litigation is based, unless the
identity of the person has been publicly disclosed.
(F) Nothing in this section shall require disclosure of written
communications that are privileged and not subject to disclosure
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1).
© Based on existing facts and circumstances, the legislative
body of the local agency has decided to initiate or is deciding
whether to initiate litigation.
Prior to holding a closed session pursuant to this section, the
legislative body of the local agency shall state on the agenda or
publicly announce the subdivision of this section that authorizes the
closed session. If the session is closed pursuant to subdivision
(a), the body shall state the title of or otherwise specifically
identify the litigation to be discussed, unless the body states that
to do so would jeopardize the agency's ability to effectuate service
of process upon one or more unserved parties, or that to do so would
jeopardize its ability to conclude existing settlement negotiations
to its advantage.
A local agency shall be considered to be a "party" or to have a
"significant exposure to litigation" if an officer or employee of the
local agency is a party or has significant exposure to litigation
concerning prior or prospective activities or alleged activities
during the course and scope of that office or employment, including
litigation in which it is an issue whether an activity is outside the
course and scope of the office or employment.


#3 john

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Posted 13 January 2003 - 12:38 PM

I bet it wasn't intentional - it was probably just a cut and paste job and cool.gif shows up when "B" and ")" are put together (the software thinks it is an emoticon). If I see it happen again I'll fix the emoticon filters.





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