CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL REGULAR MEETING Wednesday, August 28, 2019  CALL TO ORDER/ROLL CALL  Mayor Ly called the regular City Council meeting of August 28, 2019 to order at Present: Mayor Ly, Vice Mayor Hume, and Council Members Detrick, Nguyen, and  6:11 p.m.  Suen.  Absent: None.  Police Chief Bryan Noblett led the Pledge of Allegiance. Mayor Ly asked that a moment of silence be observed. APPROVAL OF CITY COUNCIL AGENDA  Motion: M/S Detrick/Nguyen to approve the agenda as presented. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen);  Noes: 0; Absent: 0. CLOSED SESSION None.  PRESENTATIONSIANNOUNCEMENIS  4.1 Vice Mayor Hume presented a proclamation to Rollie Swingle recognizing 4.2 Council Member Suen presented a proclamation to the Sacramento Public Library Foundation declaring September 8, 2019 as International Literacy Day.  September 2019 as Prostate Cancer Awareness Month.  PUBLIC COMMENT  Constance Conley addressed the special meeting held August 21, 2019 raising concerns of the California Northstate University (CNU) Medical Center Campus Project to manage the bond issuance sought, and the effect of the project displacing existing business. Ms. Conley raised concerns regarding the treatment of a particular speaker Mayor Ly noted he had reached out to the speaker in question and directed them to staff to discuss with the speaker policy processes to participate in public meetings.  at the August 21 special meeting.  Elk Grove City Council Regular Meeting, August 28, 2019 Page 1of1 14    Staci Anderson addressed the special meeting held August 21, 2019 and believed residents should have an opportunity to address comments made by CNU and requested the City Council ask questions of speakers to provide time for responses. Ms. Anderson stated no contact had been received to date by CNU representatives to the Stonelake Homeowners Association, management company, or residents, and she stated small business owners disagreed with statements made by CNU representatives. Gregory Waldron voiced appreciation for the recognition of September 2019 as Prostate Cancer Awareness Month. Mr. Waldron raised concerns of the contractor providing the goats to remove canal vegetation, citing possible illegal operations consisting of placement of a trailer, connections from the trailer to utilities, treatment and condition of the dog watching the goat herd, and immigration status of the employee at the site. Mark Graham requested addition of policies regarding permit application contents, he appreciated use of policies to make a comfortable environment to invite public comment on items, and requested support of a cell phone "right to know" ordinance. Daisy Hughes addressed the special meeting held August 21, 2019 voicing opposition to the bond issuance, and voiced opposition to Item 9.3 regarding cell antennas believing the matter should be postponed to allow more time for public review. Christine Snyder, a real estate broker at Stonelake Landing Shopping Center, stated her continued work with businesses and CNU, but noted communications had dropped off recently with CNU, the working relationship had become strained, and statements by  CNU representatives were not accurate. GENERAL ADMINISTRATION INFORMATION  Development Services Director Darren Wilson reviewed the August 28, 2019  Administrative Report (filed).  COUNCIL COMMENTS/REPOREPORTS/FUTURE AGENDAI ITEMS  The City Council commended the service of retiring Police Chief Bryan Noblett, and congratulated Police Captain Tim Albright on being hired as the new Police Chief. Council Member Detrick attended the Multicultural Festival and commended the original vision and efforts of Newton Ekpo to bring the Multicultural Committee (now the Diversity and Inclusion Commission) and Multicultural Festival to fruition. Council Member Nguyen attended a meeting of a group working with regional fire departments to promote diversification in the workforce, participated in the Indian Association of Sacramento's Women Empowerment Forum leadership discussion panel, met with the new Sacramento Bee reporter Theodora Yu, received an update from Sacramento Regional Transit District (RT), and attended the Asian Pacific American Advocates (OCA) legislative reception recognizing winners of Speak and  Lead contest.  Elk Grove City Council Regular Meeting, August 28, 2019 Page 2of14    Council Member Suen attended the Sacramento Area Council of Governments (SACOG) Board meeting, attended the Sacramento Public Library Authority Board meeting, attended the Diversity and Inclusion Commission meeting, attended the Multicultural Festival, and noted the Sacramento Transportation Authority (STA) had opened a recruitment for a new Executive Officer. Mr. Suen noted he was absent from Vice Mayor Hume attended a Capital SouthEast Connector Joint Powers Authority Board meeting, attended meetings of the Sacramento Regional Transit District (RT) Board, and noted an emergency meeting of Paratransit, Inc. was being scheduled. Mayor Ly attended the Multicultural Festival, and expressed thanks to those assisting  the August 21, 2019 special meeting due to work obligations.  with the purchase of backpacks to donate to students.  CONSENT CALENDAR ITEMS PUBLIC COMMENT None.  Motion: M/S Nguyen/Detrick to approve the Consent Calendar as presented. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Agenda Item No. 8.1: Received Treasurer's Report and Other Post-Employment Retirement Benefits (OPEB) Report for June 2019 (corrected) and July 2019. Agenda Item No. 8.2: Received the monthly Disbursement Summary and AP Check Register Listing for July 1, 2019 through July 31, 2019, showing Automatic Clearing House Nos. 16414 through 16532; General Warrant Nos. 120429 through 120720; and Agenda Item No. 8.3: Approved City Council meeting minutes of the: 1) July 24, 2019 special and regular meetings; and 2) May 8, June 26, and July 10, 2019 regular Agenda Item No. 8.4: Received report on City Manager approved purchases and contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and Purchasing, and projects awarded under the Uniform Public Construction Cost Agenda Item No. 8.5: Received report on Requests for Proposals, Qualifications, and Agenda Item No. 8.6: Adopt Resolution No. 2019-166 dispensing with the competitive proposal process pursuant to EGMC 3.42.188(B)(3) and authorizing the City Manager to execute the fourth amendment to the contract with KP Research Services, Inc. (C-15-528) for Peace Officer Standards and Training (POST) pre- employment background investigations in the amount of $70,000, or other amount as may be directed by the City Council, for a total contract not-to-exceed amount of  Suen); Noes: 0; Absent: 0.  Electronic Fund Transfer Nos. 90071590 through 90071609.  meetings.  Accounting Act, filed through August 20, 2019.  Bids.  $179,000 through December 31, 2020.  Elk Grove City Council Regular Meeting, August 28, 2019 Page 30 of14    Agenda Item No. 8.7: Adopted Resolution No. 2019-167 authorizing the City Manager to execute an agreement with LC Action Police Supply, LTD. for the one-time purchase of firearms and firearms accessories for the Elk Grove Police Department in an amount not to exceed $113,290, or other amount as may be directed by the City Agenda Item No. 8.8: Adopted Resolution No. 2019-168 dispensing with the formal bidding requirements per Elk Grove Municipal Code Section 3.42.180(B)(3) and authorizing the City Manager to execute a contract with Elk Grove Auto Group, Inc., a California corporation, for the purchase of six light-duty pickup trucks for the Public Works Operation and Maintenance Division and one replacement light-duty pickup truck for the Police Department in an amount not-to-exceed $158,500, or other amount as Agenda Item No. 8.9: Adopted Resolution No. 2019-169 dispensing with the formal bidding requirements per Elk Grove Municipal Code Section 3.42.180(B)(3) and authorizing the City Manager to execute a contract with LDV Custom Specialty Vehicles for the purchase of a Police Mobile Command Vehicle in an amount not-to-exceed $494,000, or other amount as may be directed by the City Council, and authorizing the City Facilities and Fleet Manager to approve change orders not-to-exceed $50,000. Agenda Item No. 8.10: Adopted Resolution No. 2019-170 dispensing with the formal request for proposal procedures pursuant to Elk Grove Municipal Code Section 3.42.140(B)(3), and authorizing the City Manager to execute a second amendment to the contract with Insurance Tracking Services, Inc., for insurance certificate tracking services for a period of three years with three optional one-year extensions, in the amount up to $56,000, or other amount as may be directed by the City Council [for a total expenditure of funds over the contract term not-to-exceed $95,000]. Agenda Item No. 8.11: Adopted: 1) Resolution No. 2019-171 declaring intention to annex territory to Community Facilities District No. 2003-2 (Police Services) and to levy a special tax to pay for police services (Annexation No. 48); 2) Resolution No. 2019- 172 declaring intention to annex territory to Community Facilities District No. 2006-1 (Maintenance Services) and to levy a special tax to pay for maintenance services (Annexation No. 54); 3) Resolution No. 2019-173 declaring intention to annex territory to Street Maintenance District No. 1, Zone 5-N (Annexation No. 17) and to levy a special tax to pay for street maintenance; and 4) Resolution No. 2019-174 declaring intention to annex territory to Storm Water Drainage Fee Zone 2 (Annexation No. 29) pursuant to the Benefit Assessment Act of 1982 for the Bruceville Meadows and Trojan Agenda Item No. 8.12: Adopted Resolution No. 2019-175 amending the Fiscal Year 2019-2020 Budget and 2019-2024 Capital Improvement Program for the Elk Grove Multi-Sport Park Complex Project (WFC004) in the amount of $500,000. Agenda Item No. 8.13: Adopted Resolution No. 2019-176 authorizing the City Engineer to reject all bids received for the Public Infrastructure Maintenance (PIM)  Council.  may be directed by the City Council.  Storage Expansion Projects.  project (OM1904) and directing the City Engineer to re-bid the Project.  Elk Grove City Council Regular Meeting, August 28, 2019 Page 40 of14    Agenda Item No. 8.14: Adopted Resolution No. 2019-177 dispensing with the formal request for proposal process pursuant to Elk Grove Municipal Code Section 3.42.140(B)(3) and authorizing the City Manager to execute the third amendment to the contract with Roebbelen Construction Management Services, Inc. for construction management services related to the Aquatics Center and Commons Area and Community Center Projects, increasing the total contract amount by $140,000, or such other amount as may be directed by the City Council [for a total contract amount not-to- Agenda Item No. 8.15: Adopted Resolution No. 2019-178 finding the FY20 Citywide Crack Seal Project (OM2001) exempt under the California Environmental Quality Act (CEQA) and approving the Project; authorizing the City Manager to execute a construction contract with Global Road Sealing, Inc. for the FY20 Citywide Crack Seal Project (OM2001) in the amount of $603,342; authorizing the City Engineer to approve change orders not-to-exceed $60,000; and authorizing the City Manager to execute a construction contract with the second lowest bidder if the first lowest bidder does not Agenda Item No. 8.16: Adopted Resolution No. 2019-179 authorizing the City Manager to execute a contract with John F. Torti Architectural Corporation (dba Torti Gallas + Partners) for the Kammerer Road Urban Design Study project in an amount not to exceed $285,650, or such other amount as may be directed by the City Council. Agenda Item No. 8.17: Adopted Resolution No. 2019-180 amending the Fiscal Year Agenda Item No. 8.18: Adopted Resolution No. 2019-181 approving the Final Map for Fieldstone North Village 5 (Subdivision No. 13-004-05) and authorizing the City Manager to execute the Subdivision Improvement Agreement (CEQA Exempt). Agenda Item No. 8.19: Adopted Resolution No. 2019-182 approving the Final Map for Madeira South Village 1B (Subdivision No. 10-020-1B) and authorizing the City Manager to execute the Subdivision Improvement Agreement (CEQA Exempt). Agenda Item No. 8.20: Adopted Resolution No. 2019-183 approving the Final Map for Madeira South Village 2B (Subdivision No. 10-020-2B) and authorizing the City manager to execute the Subdivision Improvement Agreement (CEQA Exempt). Agenda Item No. 8.21: Adopted Resolution No. 2019-184 approving the Final Map for Madeira South Village 3B (Subdivision No. 10-020-3B) and authorizing the City Manager to execute the Subdivision Improvement Agreement (CEQA Exempt).  exceed $2,692,365).  meet filing obligations.  2019-2020 Budget for various Strategic Planning Division projects.  PUBLIC HEARINGS  Agenda Item No. 9.1: A Public Hearing to consider a Rezone, Tentative Subdivision Map, Design Review for Subdivision Layout, and Exception from roadway network design standards for the Heartstone Homes Project located at 8965 Brown Road (PLNG18-104; APN: 121-0140-019) (No Further CEQA Review Required).  Elk Grove City Council Regular Meeting, August 28, 2019 Page 5 of 14    RECOMMENDATION  The Planning Commission recommends (4-0 vote, Murphey absent):  1) Introduce and waive the full reading, by substitution of title only, an ordinance finding that no further environmental review is required from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15183 and approving a rezone from AR-5 (Agricultural Residential - 5 acre minimum) to RD-7 (Low Density Residential 7 du/acre) for the Heartstone Homes Project (PLNG18- 2) Adopt resolution approving a Tentative Subdivision Map, Design Review for Subdivision Layout, and Exception from roadway network design standards for the Heartstone Homes Project (PLNG18-104) subject to findings and conditions of With the aid of a visual presentation (filed), Sarah Kirchgessner, Senior Planner,  104) Assessor Parcel Number 121-0140-019; and  approval contained in the draft Resolution.  provided an overview of the staff report and recommended actions.  Mayor Ly declared the public hearing open.  Paul Pannu, project applicant, spoke in support of the staff recommendation.  PUBLIC COMMENT None.  Mayor Ly declared the public hearing closed.  Motion #1: M/S Suen/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 18-2019 finding that no further environmental review is required from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15183 and approving a rezone from AR-5 (Agricultural Residential - 5a acre minimum) to RD-7 (Low Density Residential 7 dulacre) for the Heartstone Homes Project (PLNG18-104) Assessor Parcel Number 121-0140-019. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Motion #2: M/S Suen/Nguyen to adopt Resolution No. 2019-185 approving a Tentative Subdivision Map, Design Review for Subdivision Layout, and Exception from roadway network design standards for the Heartstone Homes Project (PLNG18-104) subject to findings and conditions of approval contained in the draft Resolution. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Agenda Item No. 9.2: A Public Hearing to consider a resolution adopting the Facility Rental Fee Schedule for the Elk Grove Community Center, Civic Center Commons, and  Absent: 0.  Suen); Noes: 0; Absent: 0.  Old Town Plaza. RECOMMENDATION  Adopt resolution adopting the Facility Rental Fee Schedule for the Elk Grove  Community Center, Civic Center Commons, and Old Town Plaza.  Elk Grove City Council Regular Meeting, August 28, 2019 Page 60 of14    With the aid of a visual presentation (filed), Lana Yoshimura, Community Event Center Manager, provided an overview of the staff report and recommended action.  Mayor Ly declared the public hearing open.  PUBLIC COMMENT  Randy Bekker addressed the charge scale for use of the Old Town Plaza, and questioned why the rental rates for that facility were lower for Laguna Ridge residents (that do not reside in vicinity of the facility) and higher for Old Town residents. Ms. Yoshimura stated Laguna Ridge funds were used for the facility management software to schedule activities at the Old Town Plaza location and staff time administering facilities in Old Town and the entirety of the facilities district in general, sO Laguna Ridge residents that pay into the facilities district receive the lower Laguna  Ridge resident rate.  Mayor Ly declared the public hearing closed.  The City Council deliberated on the matter and put forth an amendment to the fee schedule for non-profit organizations physically located in Elk Grove to be charged the Laguna Ridge residents rate, and that any non-profit organization not located within Elk Motion: M/S Hume/Nquyen to adopt Resolution No. 2019-186 adopting the Facility Rental Fee Schedule for the Elk Grove Community Center, Civic Center Commons, and Old Town Plaza as amended for non-profit organizations physically located in Elk Grove to be charged the Laguna Ridge residents rate, and that any non-profit organization not located within Elk Grove would be charged the Elk Grove resident rate. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen); Agenda Item No. 9.3: A Public Hearing to consider amendments to Chapters 23.26 (Use Classification System), 23.27 (Allowed Uses and Required Entitlements), and 23.94 (Wireless Communications Facilities) of the Elk Grove Municipal Code; and a resolution approving a Master License Agreement between the City of Elk Grove and New Cingular Wireless PCS, LLC (EG-18-006) (No Further CEQA Review Required). 1) Introduce and waive the full reading, by substitution of title only, an ordinance finding that no further environmental review is required pursuant to State CEQA Guidelines Section 15183, 15301, and 15303 for the Cingular Wireless PCS Code Amendment (EG-18-006) and approving amendments to the Elk Grove Municipal Code Title 23 (Zoning), as described and shown at Exhibits A and B of the Ordinance; and 2) Adopt resolution finding no further environmental review is necessary for the Master License Agreement (the "MLA") between the City of Elk Grove and New Cingular Wireless PCS, LLC ("Applicant") for Small Cell Wireless Communications Facilities pursuant to CEQA Section 15183 15301, and 15303 and approving the MLA in  Grove would be charged the Elk Grove resident rate.  Noes: 0; Absent: 0.  RECOMMENDATION  substantially the form presented as Exhibit A to the Resolution.  Elk Grove City Council Regular Meeting, August 28, 2019 Page7of14    With the aid of visual presentations (filed), Jonathan Hobbs, City Attorney, and Antonio Ablog, Planning Manager, provided an overview of the staff report and recommended actions. Staff responded to questions noting that load calculations on poles were required under the permit to display the facilities could be supported, and overall liability for damage caused by installed equipment would be the responsibility of the applicant.  Mayor Ly declared the public hearing open.  Matt Yergovich, project applicant, spoke in support of the staff recommendation. He noted AT&T reserved the right to contest the City code should it unlawfully inhibit future wireless deployment, but requested approval to move forward. Mr. Yergovich responded to questions noting structural analysis was part of the permit application process and any structural issues of a pole installation would be addressed, he noted the technologies under the proposal were for implementation of 4G networks, and he provided an overview of how equipment was installed on poles noting AT&T had no reported issues of collapsing poles or falling equipment after an installation.  PUBLIC COMMENT  Constance Conley inquired if any members of the City Council received financial contributions from AT&T, and raised concerns over such a complicated topic regarding Irene Ogbeiwe, Susan Mason, Leslie Haynes, Ron Kreig, Jeff Durbin, Robin Durston, Patti Lewkowitz, Eric Windheim, Pamela Marquez, Aaron McMahon, Noah Davidson, Sharon Lynes, Kim Glazzard, Nam, and Julie Ostoich spoke in opposition to the item, stating it should be denied or postponed to allow additional review. Speakers believed such wireless facilities created negative health impacts, wireless facilities should be placed far away from residences (including away from side yard setbacks), the antennas and equipment were unsightly and their proximity to a home reduced a home's value, the regulatory framework and enforcement of the FCC was compromised by the influence of private wireless carriers, the wireless coverage from such facilities was not needed (there was adequate connectivity already existing), the community was not fully aware and informed on the complex topic, this process should require environmental review, and concerns were raised about the extent of the deployment of facilities noting that any City fixed asset could be utilized for such facilities and could include equipment from multiple wireless carriers co-locating facilities. Speakers wanted assurances that there would be no negative health effects from these facilities and technologies, regulations related to such facilities should be more restrictive and use the regulations adopted by other cities, and aesthetics should be taken into Leila August spoke in opposition to the item presenting materials (filed) regarding the Elizabeth Russo spoke in opposition to the item presenting a video (filed) raising concern about the placement and location of such facilities, and that more time should  displaced jobs and health effects of wireless networks.  consideration to limit installation.  adverse health effects from cell antennas and wireless radiation.  be provided to consider the matter.  Elk Grove City Council Regular Meeting, August 28, 2019 Page 80 of14    With the aid of a visual presentation (filed), Mark Graham believed the item should be postponed until fully understood. He believed the City Attorney was misinforming the City Council about what could be regulated by the City, and he believed additional Mark Edgar, Ernesto Espinoza, Christine Esguerra, and Edgar Calderon voiced support of the staff recommendation. Speakers questioned whether wireless technologies created negative health effects, they believed the intent of the proposal was for a 4G deployment but would also position the City to implement a 5G network, the license agreement would monetize fixed assets of the City to generate revenue, the facilities would improve coverage by reducing latency in reception and improve communication Allie Perez and Anthony Gilmore, employees with AT&T, voiced support of the staff recommendation, noting such wireless facilities would improve connectivity and capacity, that surrounding jurisdictions had all passed regulations and agreements for such facilities, and the proposed code and agreements had been thoroughly reviewed Mr. Gilmore noted 5G facilities were not intended for installation on poles for AT&T, that the radiation from small cell facilities was well below FCC safety levels, and increased deployment of small cell facilities would improve overall coverage in the region. Dante Williams, representing Verizon Wireless, believed the proposed policy was a compromise that would allow parties to move forward, and that increased wireless Matt Yergovich noted that the FCC had exclusive jurisdiction regarding health matters, and though he respected the health concerns raised by speakers, he encouraged individuals to further research the issues and approach appropriate jurisdictions regarding such health considerations. Mr. Yergovich noted the matter had been a process over a year's time to meet the FCC order requiring cities to create a code addressing small cell, and he believed the proposed code amendments and the Master License Agreement proposal allowed to process to move forward towards an initial,  regulations based on aesthetics could be implemented.  networks for first responders and the medical community.  by the Planning Commission and City staff.  coverage provided improved communication for first responders.  wel-regulated deployment.  Mayor Ly declared the public hearing closed.  Motion: M/S Nquyen/Hume to waive rule of procedure not to consider new business after 10:00 p.m., to continue Item 10.2 to the regular meeting of September 11, 2019, and to proceed with the remainder of the agenda. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Absent: Council Member Suen requested a video be displayed (filed) noting the issues and information regarding health effects of wireless technologies were debatable and to date Vice Mayor Hume wanted to address an aesthetic concern of the scenario of a wireless  0.  inconclusive.  facility being placed across the street from the front of a residence.  Elk Grove City Council Regular Meeting, August 28, 2019 Page 9 of 14    Council Member Detrick believed there should be aesthetic considerations to restrict The City Council deliberated on the matter noting the City could not regulate in relation to health concerns = such jurisdiction was with the Federal Communications Commission (FCC). The actions under this item would bring in the City in compliance with the FCC order to have small cell wireless regulations in place, would impose restrictions, provide for public input for future deployments, and provide for the delivery City Attorney Hobbs recommended Elk Grove Municipal Code Section 23.94.050(A)(6)0b) be amended to include the words 1 : nor immediately across the street from,..." " as shown in italics below to address the aesthetic concerns raised by Vice Mayor Hume sO that a wireless facility could not be located across the street in  wireless facilities from being placed in back yard easements as well.  ofir improved technologies and communication networks in the City.  front of a residence:  EGMC Section 23.94.050/A)6)D):  b. No small cell wireless communication facility shall be located immediately adjacent to, nor immediately across the street from, a front yard of any residential  dwelling.  Mayor Ly offered to assist Mr. Graham in contacting representatives in Congress to Motion #1: M/S Hume/Nquyen to adopt Introduce and waive the full reading, by substitution of title only, Ordinance No. 19-2019 finding that no further environmental review is required pursuant to State CEQA Guidelines Section 15183, 15301, and 15303 for the Cingular Wireless PCS Code Amendment (EG-18-006) and approving amendments to the Elk Grove Municipal Code Title 23 (Zoning), as described and shown at Exhibits A and B of the Ordinance as amended by the recommended language to EGMC Section 23.94.050/A/(6/0). The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Absent: 0. Motion #2: M/S Hume/Nguyen to adopt Resolution No. 2019-187 finding no further environmental review is necessary for the Master License Agreement (the "MLA") between the City of Elk Grove and New Cingular Wireless PCS, LLC ("Applicant") for Small Cell Wireless Communications Facilities pursuant to CEQA Section 15183 15301, and 15303 and approving the MLA in substantially the form presented as Exhibit A to the Resolution. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Agenda Item No. 9.4: Conduct Public Hearings in consideration of resolutions calling special elections and declaring results of the special elections to annex certain territory as described to Community Facilities District No. 2006-1 (Maintenance Services) and Storm Water Drainage Fee Zone 2, and to introduce ordinances levying and apportioning the special tax to the annexing areas for the Calvine Pointe Shopping  address matters and issues oft federal jurisdiction.  Detrick, Nguyen, and Suen); Noes: 0; Absent: 0.  Center and Elk Park Village Projects. RECOMMENDATION  Elk Grove City Council Regular Meeting, August 28, 2019 Page 10of14    A-1) Adopt resolution calling a special election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2006-1 (Maintenance Services) to the qualified electors; and A-2) (Following tabulation and certification of ballot results by the City Clerk) Adopt resolution declaring results of the special election held on August 28, 2019 for the fifty-third annexation to Community Facilities District No. 2006-1 A-3) Introduce and waive the full reading, by substitution of title only, an ordinance levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 53) and B) Adopt resolution determining to levy assessments in Storm Water Drainage Fee  (Maintenance Services); and  amending Elk Grove Municipal Code Section 3.19.010; AND  Zone 2 (Annexation No. 28). The verbal staff report was waived.  Mayor Ly declared the public hearing open for Community Facilities District No. 2006-1  (Maintenance Services) (Annexation No. 53)  PUBLIC COMMENT None.  Mayor Ly declared the public hearing closed for Community Facilities District No. 2006- Motion #A-1: M/S Hume/Detrick to adopt Resolution No. 2019-188 calling a special election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2006-1 (Maintenance Services) to the qualified electors. The motion passed by the following vote: Ayes: 5 (Ly, Hume, City Clerk Jason Lindgren announced of 16 possible votes, 16 affirmative votes were cast authorizing the City of Elk Grove to levy a special tax at the rate apportioned and described. The measure passed with more than two-thirds of all votes cast in the election in favor of the measure. A resolution declaring the results of the election was Motion #A-2: M/S Hume/Detrick to adopt Resolution No. 2019-189 declaring results of the special election held on August 28, 2019 for the fifty-third annexation to Community Facilities District No. 2006-1 (Maintenance Services). The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Motion #A-3: M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 20-2019 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 53) and amending Elk Grove Municipal Code Section 3.19.010. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick,  1( (Maintenance Services) (Annexation No. 53)  Detrick, Nguyen, and Suen); Noes: 0; Absent: 0.  available for Council consideration.  Absent: 0.  Nguyen, and Suen); Noes: 0; Absent: 0.  Elk Grove City Council Regular Meeting, August 28, 2019 Page 11 of14    Mayor Ly declared the public hearing open for Storm Water Drainage Fee Zone 2  (Annexation No. 28). PUBLIC COMMENT None.  Mayor Ly declared the public hearing closed for Storm Water Drainage Fee Zone 2 City Clerk Lindgren stated there was no majority protest. Of 16 possible votes (weighted according to the proportional financial obligation for each property), 16 affirmative votes were returned. The ballot approved the proposed assessment and the proposed inflation adjustment limit described for the parcels identified in the ballots. A resolution determining to levy assessments in the district was available for Council Motion B: M/S Detrick/Nguyen to adopt Resolution No. 2019-190 determining to levy assessments in Storm Water Drainage Fee Zone 2 (Annexation No. 28). The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen);  (Annexation No. 28).  consideration.  Noes: 0; Absent: 0.  REGULAR AGENDA ACTION TENS/RECOAMENDATONS  Agenda Item No. 10.1: Receive information regarding residential short-term rentals in the City of Elk Grove and provide direction regarding options for regulating such uses. Receive information from staff regarding residential short-term rentals within the City of Elk Grove and provide feedback and direction on possible amendments to the Elk Grove Municipal Code (EGMC) regulating such short-term rentals within the City. With the aid of a visual presentation (filed), Shane Diller, Assistant Director of Development Services, provided an overview of the staff report and recommended  RECOMMENDATION  action.  PUBLIC COMMENT  Mannaz Zhion, Dennis Williams, Ubaid Zhion, Daniel Rodriguez, Sarah Gallegos, Ashley Kinstle, Randy Bekker, and Kevin Gainsley voiced support for Option 3 of the staff report to implement restrictions on use of short-term rentals. Speakers brought up issues of short-term rentals in residential areas describing instances where properties become a nuisance, the properties attract issues and calls for service from first responders, issues arise in the neighborhood with parking and security, owners were often not on the premises and some implemented illegal building conversions to add rental rooms, and some properties operate in a similar fashion as a hotel with separate room rentals. Speakers noted the City may be missing tax revenue on such rentals, such short-term rentals took away business from hotels, and removed properties from housing stock. Concerns were raised identifying one short-term rental host listing numerous rentals in the region, and with continued uses converting homes into small-  Elk Grove City Council Regular Meeting, August 28, 2019 Page 12of14    term rentals with no repercussions from regulation the matters would likely grow to be a Dan Gonzales expressed dismay that sO few properties were causing such a large Randy Bekker suggested short-term rentals should be required to have a business license, residents in the vicinity of a rental should be made aware if the property is a longer lease rental or a short-term rental, and the owners of such properties should be Constance Conley noted issues of house rentals in the rural area being utilized for large The City Council deliberated on the matter and provided direction to pursue Option 3 proposing Zoning Code amendments establishing restrictions or limitations on short- term rentals, and to consider regulations to limit the total number of guests, limit total number of short-term rentals in the City and review for renewal annually (and revoke if there are issues), consider billing for first responder calls for service to property owners, Note: Item 10.2 was continued to the regularmeeting of September 11, 2019. Agenda ltem-No.-10.2- Receive-information-and-provide-direction-on-marketing-and Agenda Item No. 10.3: Consider a resolution of the City Council declaring the City's intent to transition to by-district (district-Dased) City Councimember elections consistent with Elections Code section 10010 and consider a resolution of the City Council amending the City Clerk Budget by $40,000 for demographer consulting services. Adopt resolutions: 1) declaring the City's intent to transition to by-district (district-based) City Councimember elections consistent with Elections Code section 10010, and 2) amending the City Clerk Budget by $40,000 for demographer consulting services. With the aid of a visual presentation (filed), Jonathan Hobbs, City Attorney, provided an overview of the staff report and recommended actions. Mr. Hobbs responded to questions noting there was currently no pending litigation, no funding had been spent on outside legal counsel regarding this matter (though staff in the City Attorney's Office were working on the matter), and the hiring of a demographer, though not required by law, was a sound practice to hire a professional to provide the services as needed  larger problem. nuisance problem.  assessed fines for excessive calls for service requiring City resources.  parties and similar for-profit, commercial events.  and prohibiting individual room rentals.  brandinglorine-c.icampus.  RECOMMENDATION  during the process to transition to by-district elections.  PUBLIC COMMENT  Amar Shergill supported by-district elections, believed Elk Grove had been engaged in institutional racism with the current method of elections creating racially polarized voting, and he believed by-district elections would save money on running elections for the City. Mr. Shergill addressed the composition of the Planning Commission, noting  Elk Grove City Council Regular Meeting, August 28, 2019 Page 13of14    that the Planning Commission for the past year had no people of color serving on the Andres Ramos responded to questions from Council Member Detrick stating he did not believe the City needed to wait for the 2020 Census to transition to by-district elections, as the City already had districts drawn from the public outreach process conducted in 2011, only the method of elections needed to be changed. He observed that district maps were expected to function for a decade, and that districting processes used existing census data, not other sources, SO there would not be any new data for consideration in drawing maps until the 2020 Census. Mr. Ramos saw no reason to Motion #1: M/S Ly/Suen to adopt Resolution No. 2019-191 declaring the City's intent to transition to by-district (district-based) City Councimember elections consistent with Elections Code section 10010. The motion passed by the following vote: Ayes: 5 Motion #2: M/S Ly/Suen to adopt Resolution No. 2019-192 amending the City Clerk Budget by $40,000 for demographer consulting services. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Absent: Agenda Item No. 10.4: Designation of voting delegate and alternate(s) to the 2019  board.  delay in making the transition to by-district elections.  (Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Absent: 0.  0.  League of California Cities Annual Conference.  RECOMMENDATION  Appoint a voting delegate and alternate delegate(s) to represent the City of Elk Grove at the 2019 League of California Cities Annual Conference business meeting. City Clerk Lindgren provided an overview of the staff report and recommended action.  PUBLIC COMMENT None.  With the concurrence of the City Council, Mayor Ly appointed Council Member Suen as the voting delegate and Council Member Nguyen as the alternate delegate to represent the City of Elk Grove at the 2019 League of California Cities Annual Conference  business meeting. ADJOURNMENT adjourned at 11:22 p.m.  With no additional business to conduct, the August 28, 2019 City Council meeting was  JASON  AE  20 STEVE LY, MAYOR  Elk Grove City Council Regular Meeting, August 28, 2019 Page 140 of14