2 potential cases Mark S. Sorum Rehrig Pacific Company

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1 APPROVAL OF MINUTES Agenda Item No. : 4 CC Mtg.: 12/13/2005 CITY OF FOLSOM SPECIAL CITY COUNCIL MEETING MINUTES NOVEMBER CALL TO ORDER : The special meeting of the was called to order at 5:01 p.m. in City Council Chambers, 50 Natoma Street, Folsom, with Mayor Miklos presiding. ROLL CALL : Council Members Present: Morin, Starsky, Howell, King, Miklos Council Members Absent : None Staff Present : City Manager Martha Clark Lofgren Assistant City Manager Jim Estep City Attorney Bruce Cline City Clerk Christa Schmidt ADJOURNMENT TO CLOSED SESSION FOR THE FOLLOWING PURPOSES : 3a. Conference with Legal Counsel i. Anticipated Litigation Initiation of Litigation Pursuant to Government Code section (c) : 2 potential cases Mark S. Sorum Rehrig Pacific Company 3b. Conference with Real Property Negotiator - Pursuant to Government Code section : i. Property : Lot Y within the Natoma Station subdivision, in the vicinity of Folsom Boulevard and US Highway 50, APN Negotiating Parties : City Manager Martha Clark Lofgren on behalf of the City of Folsom Richard Brown on behalf of Alleghany Properties Under Negotiation : Price and Terms of Sale ii. Property : Real property commonly known as 66 Clarksville Road Negotiating Parties : City Manager Martha Clark Lofgren on behalf of the City of Folsom Jim Carlsen on behalf of JRC Development Under Negotiation : Price and Terms of Sale iii. Property : The real property commonly known as The Railroad Block, APN: Negotiating Parties : Economic Development Coordinator Joe Luchi on behalf of the City of Folsom Sotiris Kolokotronis on behalf of SKK Development Ryan Fong on behalf of River Rock Development Company Under Negotiation : Cost and Terms of Development

2 Book 67 Page 69 Motion by Council Member Howell, second by Vice-Mayor Morin to adjourn to Closed Session for the above-referenced items. Motion carried with the following vote : ABSENT: Council Members: None ABSTAIN : Council Members : None RECONVENE : Mayor Miklos reconvened the meeting at 6:31 p.m. City Attorney Cline reported that the City Council authorized staff to commence legal action against Mark S. Sorum and against the Rehrig Pacific Company, as referenced in item 3a(i). ADJOURNMENT : There being no further business to come before the, the special meeting was adjourned at 6:32 p.m. ATTEST : Christa Schmidt, City Clerk Stephen E. Miklos, Mayor

3 Book 67 Page 70 CITY OF FOLSOM REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER CALL TO ORDER: The regular meeting of the was called to order at 6:32 p.m. City Council Chambers, 50 Natoma Street, Folsom, with Mayor Miklos presiding. in ROLL CALL : Council Members Present : Morin, Starsky, Howell, King, Miklos Council Members Absent : None Staff Present: City Manager Martha Clark Lofgren Assistant City Manager Jim Estep City Attorney Bruce Cline City Clerk Christa Schmidt PLEDGE OF ALLEGIANCE/NATIONAL ANTHEM : The Pledge of Allegiance was recited and Modekurty Sruti sang the National Anthem. APPROVAL OF MINUTES : October 25, 2005 (Special/Regular Meetings) Motion by Council Member Howell, second by Council Member Starsky to approve the minutes. Motion carried with the following vote : ABSENT: Council Members: None ABSTAIN : Council Members: None SCHEDULED PRESENTATIONS 5a. Presentation by SACOG Regarding the Metropolitan Transportation Plan (MTP) for 2030 SACOG Executive Director Mike McKeever made a presentation and responded to questions from the City Council. BUSINESS FROM THE FLOOR: The following speakers addressed the City Council : " Ernie Sheldon, Veteran's Parade Committee Member, addressed the City Council regarding the upcoming Veteran's Day Parade " Muriel Brounstein addressed the City Council regarding her claim against the City resulting from backing her vehicle into a water meter in the Albertson's parking lot. AGENDA UPDATE : Assistant City Manager Estep announced that item 11 a will be continued to the December 13, 2005 City Council meeting

4 Book 67 Page 71 CONSENT CALENDAR : 8a. Resolution No A Resolution Authorizing the City Manager to Execute an Agreement with Pape Machinery, Inc. to Purchase One 32-Foot Steel Half-Round End Dump Trailer 8b. Resolution No A Resolution Approving an Application for Grant Funds from the State Bicycle Transportation Account for the Humbug-Willow Creek Trail Project - East Bidwell Street to Chaffin Court 8c. Resolution No A Resolution Approving the Application for Grant Funds from the State Bicycle Transportation Account for the Oak Parkway Trail Project - Willow Creek Drive to Blue Ravine Road and Willow Creek Drive to East Natoma Street 8d. Resolution No A Resolution Authorizing the City Manager to Execute an Agreement with Philip Sciortino to Construct, Fabricate and Install the Artwork for the Veterans Memorial Project 8e. Resolution No A Resolution Authorizing the City Manager to Extend the City's Participation in the CalNet Agreement Between the State of California and SBC Communications to December 3, f. Resolution No A Resolution Authorizing the City Manager to Execute a Purchase Agreement with Pierce Manufacturing Inc. for a Type I Fire Engine and a Lease/Purchase Agreement with Oshkosh Capital 8g. 8h. Resolution No A Resolution Approving Acceptance of a Fireman's Fund Insurance Company Grant to the Fire Department for a Swift Water Rescue Boat, Trailer and Accessories Resolution No A Resolution Accepting the Comprehensive Annual Financial Report, Report on Federal Awards in Accordance with Office of Management and Budget Circular A- 133, and the Independent Auditor's Management Letter for Fiscal Year Motion by Council Member Starsky, second by Council Member King to approve the Consent Calendar. Motion carried with the following vote : AYES : Council Members : Morin, Starsky, Howell, King, Miklos ABSENT: Council Members: None ABSTAIN : Council Members: None OLD BUSINESS : 9a. Presentation of Historic District Revitalization Program by Folsom Economic Development Corporation and Direction to Staff to Review and Comment on FEDCorp's Findings and Recommendations Economic Development Coordinator Luchi introduced the item. Historic District Revitalization Program Manager Jeff Ferreira-Pro and Historic District Revitalization Program Principal Joe Gagliardi provided a report on progress of first phase of the Revitalization Program and responded to questions from the City Council

5 The following speakers addressed the City Council regarding the Revitalization Program : " Candy Miller, Historic Preservation League, in support of program " Grant Cloud, in support of program " Nora Robinson, Historic Folsom Residents Association, in support of the program " Bob Holderness, FEDCorp member, in support of the program Book 67 Page 72 The City Council discussed opening the Leidesdorff Lid ramp to vehicle traffic on a short-term trial basis. Public Works Director Lorenz responded to questions from the City Council. Mayor Miklos called a recess at 7:42 p.m. and reconvened the meeting at 7:46 p.m. PARKS AND RECREATION PROJECTS AND ASSOCIATED FUNDING (TIMED ITEM TO BEGIN AT 7:30 P.M. 10a. Review of Parks and Recreation Commission's Recommendation Regarding Park Priorities and Development Schedules Parks and Recreation Director Goss made a presentation and responded to questions from the City Council. The following speaker addressed the City Council : " Lisa Ferrari " Nora Robinson - City Manager Lofgren responded " Ernie Sheldon The City Council discussed their desire to see chain link fencing (installed to prevent garbage/debris dumping) removed for undeveloped parks. The City Council agreed with the top priority FY funded projects as presented within the staff report : Acquisition of the Folsom Sports Complex, Renovation of the Seniors and Arts Center, and Livermore Community Park - Phase 4. The City Council further agreed to accept and not re-rank the future fiscal year CIP priority projects as presented within the staff report : Park Site 52, Willow Hills Reservoir Community Park, Park Site 51 (Pond Park), Off Leash Dog Park (Cummins Family Park), Park Site 44 (Parkway), Nisenan Community Park - Phase 1, Park Site 53 - Silberhom Drive, Park Site 63 - Empire Ranch Road. Finally, the City Council agreed that funding approval for the Willow Hills Reservoir park improvements be brought back as part of the funding package at the next meeting. 10b. Resolution No A Resolution Authorizing the City Manager to Execute a Purchase and Sale Agreement with JRC Development for the Purchase of the Folsom Sports Complex Parks and Recreation Director Goss made a presentation and responded to questions from the City Council

6 Book 67 Page The following speakers addressed the City Council : " John Heise and Jim Guzman, in support of the purchase, and offered a check for $20,000 contingent upon sale of property. " Tom Handy, Past President and current director of FAA, in support of the purchase, and offered a check for $5,000 " Chuck Leroy, in support of the purchase " Steve Williams, in support of the purchase " Brady Whitlow, in support of the purchase " Peter Maroon, in support of the purchase " John Moore, in support of the purchase " Cynthia Hall, in support of the purchase " Fernando Gaudy, in support of the purchase " Leon Lee, in support of the purchase " Griffin Goc, in support of the purchase " Jon Brinkmann, in support of the purchase " Jim Carlsen, in support of the purchase " Harriet Freitas, in concern over funding of sports over cultural projects " Ernie Sheldon, in support of the purchase " Grissi Merchant, in support of the purchase Motion by Mayor Miklos, second by Vice-Mayor Morin to approve Resolution No. 7707, subject to final review of the appraisal. Council Member King proposed an amendment to the resolution to add "Whereas, the Parks and Recreation Department accepts that any Operations and Maintenance overages will impact future park development and programs and not impact other departments." The City Council asked the City Manager and Finance Director to bring back this issue of Operations and Maintenance overages within the proposed policy resolution at the next City Council meeting. Mayor Miklos called for a vote on his earlier motion. Motion carried with the following vote : AYES : Council Members: Morin, Starsky, King, Miklos NOES : Council Members: Howell ABSENT : Council Members: None ABSTAIN : Council Members: None Motion by Mayor Miklos, second by Council Member Howell, to waive the 10:30 rule. Motion carried with the following vote : ABSENT: Council Members: None ABSTAIN : Council Members: None 10c. Resolution No A Resolution Approving the Renovation Plan and Budget for Converting Old Fire Station #35 to Create the Folsom Seniors and Arts Center Parks and Recreation Director Goss made a presentation and responded to questions from the City Council.

7 Book 67 Page 74 The following speakers addressed the City Council : " Dave Benevento, in support of the Seniors and Arts Center, and offered a check for $5,000 " Paige Edmondson, in support of the Seniors and Arts Center " Valrie Jensen, in support of the Seniors and Arts Center Motion by Council Member King, second by Council Member Howell to approve Resolution No Motion carried with the following vote: ABSENT: Council Members: None ABSTAIN : Council Members: None 10d. Consideration of Amendments to Parks and Recreation Capital Improvement Program and Direction to Staff Concerning Amendments to FY Budget Pertaining to Park and Recreation Services and Capital Budget i. ii. iii. iv. Folsom Sports Complex Acquisition Seniors and Arts Center Renovation Project Livermore Community Park Construction Amendment of Parks and Recreation FY Capital Improvement Program Finance Director Gill made a presentation and responded to questions from the City Council. The following speaker addressed the City Council : " Grissi Merchant Motion by Council Member Howell, second by Council Member King to approve : 1) Preparation of an amendment to the FY Parks and Recreations Capital Improvement Budget to appropriate the following amounts for acquisition and operations and maintenance for the Recreation and Teen Center Recreation & Teen Center Down Payment $3,500,000 Recreation & Teen Center Annual Payment 2 Years reserve $1,000,000 Recreation & Teen Center first year FF&E $281,000 FY Operations and Maintenance $112,500 2) Preparation of an amendment to the FY Parks and Recreation Capital Improvement Budget to appropriate $1,750,000 for renovation of Old Fire Station #35 to serve as a Seniors and Arts Center. Also to amend the Folsom Redevelopment Agency Budget to appropriate $250,000 for the Seniors and Arts Center. 3) Preparation of an amendment to the FY Parks and Recreation Capital Improvement Budget to appropriate $1,500,000 for the design and construction of Livermore Community Park 4) Preparation of an amendment to the FY Parks and Recreation Capital Improvement Budget to reallocate the following park capital projects to subsequent

8 Book 67 Page 75 fiscal years pursuant to the recommended priorities for park development received from the Commission with no specific ranking order : Empire Ranch Park Site 52 (Empire Ranch Barn) - Phase 1 Willow Hills Reservoir Community Park - Phase 1 Empire Ranch Park Site 51 (Pond Park) - Phase 1 Off Leash Dog Park - Cummings Family Park Parkway Park Site 44 Nisenan Community Park - Phase 1 Empire Ranch Park Site 53 (Silberhorn Drive) Empire Ranch Park Site 63 (Empire Ranch Road) With the following general policies included within the resolutions amending the Parks and Recreation Capital Improvement Budget (with the deletion of numbering and the use of bullet points) : (1) The following park development projects are fully funded in FY and completed prior to commencement of additional park development : o Briggs Ranch o Hinkle Creek Education Center o Recreation and Teen Center o Seniors and Arts Center o Livermore Community Park (2) The Recreation & Teen Center annual payment of $500,000 to JRC Development has been appropriated for the fiscal year ; (3) Annual operating and maintenance funding requirements for following projects have been secured and stabilized : o Briggs Ranch o Hinkle Creek Education Center o Recreation and Teen Center o Seniors and Arts Center o Livermore Community Park; (4) Funding for the capital improvement phase of all newly proposed projects is established with undesignated and unreserved funds; (5) The funding level and the source of funding for the ongoing operation and maintenance costs of newly proposed projects has been identified during the environmental review and/or design phase of the project ; and (6) The project is adopted by City Council as part of the City's annual Operating and Capital Improvement Budget. Also approved for inclusion in the general polices was Council Member King's suggestion that overages in operations and maintenance costs be absorbed within the program department's own budget

9 Book 67 Page 76 Motion carried with the following vote : ABSENT : Council Members : None ABSTAIN: Council Members: None 9b. Ordinance No An Ordinance of the City of Folsom Amending Folsom Municipal Code Chapter 10.12, Commercial Vehicle Regulation and Weight Limit (Second Reading) Motion by Vice-Mayor Morin, second by Council Member King to adopt Ordinance No Motion carried with the following vote : AYES : Council Members : Morin, Starsky, Howell, King, Miklos NOES : Council Members : None ABSENT : Council Members: None ABSTAIN: Council Members: None NEW BUSINESS : 11a. Appointment of At-large Member to the Folsom Arts and Cultural Commission Continued to the December 13, 2005 City Council meeting 11 b. Resolution No A Resolution Establishing Truck Routes within the City of Folsom Traffic Engineer Mark Rackovan made a presentation and responded to questions from the City Council. Motion by Council Member Howell, second by Council Member Starsky to adopt Resolution No Motion carried with the following vote : ABSENT : Council Members: None ABSTAIN : Council Members : None 11 c. Presentation Regarding Feasibility Study for Wireless Communication Network in the City of Folsom and Direction to Staff to Proceed with WiMax Pilot Program Economic Development Director Luchi introduced Steve Blum, Tellus Venture Associates, who made a presentation and responded to questions from the City Council. Motion by Vice-Mayor Morin, second by Council Member Howell to direct staff to proceed with pilot a program to demonstrate the merits and benefits of a WiMax system. Motion carried the with following vote : ABSENT : Council Members : None ABSTAIN: Council Members : None Draft Minutes- Not Official Until Approved by the City Council

10 Book 67 Page 77 CONVENE REDEVELOPMENT AGENCY MEETING The City Council adjourned to the Special Redevelopment Agency meeting at 11 :04 p.m. RECONVENE REGULAR CITY COUNCIL MEETING : The City Council reconvened the regular meeting at 11 :08 p.m. CITY MANAGER REPORTS : City Manager Lofgren announced that the November 22, 2005 City Council meeting has been cancelled. She invited residents to attend the November 16 and November 29 public meetings regarding proposed water rate increases. COUNCIL COMMENTS : None ADJOURNMENT: There being no further business to come before the, the meeting was adjourned at 11 :25 p. m. ATTEST : Christa Schmidt, City Clerk Stephen E. Miklos, Mayor