CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL REGULAR MEETING Wednesday, March 9, 2016  CALL TO ORDER/ROLL CALL  Mayor Davis called the regular City Council meeting of March 9, 2016 to order at Present: Mayor Davis, Vice Mayor Ly and Council Members Detrick, Hume and Suen.  6:06 p.m.  Absent: None.  Girl Scout Troop 529 led the Pledge of Allegiance. Mayor Davis asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Detrick/Suen to move consideration of the Closed Session Items until after the regular items, and approve the remainder of the agenda as presented. The motion passed by the following vote: Ayes: 5 (Davis, Ly, Detrick, Hume and Note: The Closed Session items were moved for consideration after the conclusion of  Suen); Noes: 0; Absent: 0. the Regular Agenda items. CLOSED-SESSION  A) PUBLICEMPLOYEE PERFORMANCEEVALUATION Pursuanto-GoverametCode64967  Title: Gity-Attorney  B) CONFERENCE-WFHLABORNEGOTATOR Pursuantto-GovEFAFRERECOde-s-54957-6 iy-Representatwe: Gary-Davis, Mayor  Umepresenedtmpeyee: GHY-AttO#ney-unrepresented: employee)  PRESENTATIONSIANNOUNCEMENTS  None.  PUBLIC COMMENT  Lynn Wheat addressed the 2015 National Citizen Survey, noting traffic conditions were rated low, and rated high was preservation of the rural area. She supported installation  Elk Grove City Council Regular Meeting, March 9, 2016 Page 1of19    of roundabouts to preserve the rural area. She requested consideration of the results of the 2015 National Citizen Survey, noting on the issue of neighborhood businesses to consider ifi the type of retail would bring the surrounding neighborhood together.  GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the March 9, 2016 Administrative Report (filed). COUNCIL COMMENTS/REPORTS/FUTURE AGENDA ITEMS  Council Member Suen attended the Sacramento Area Council of Governments (SACOG) Transportation Committee meeting which was progressing on a regional bike program. He served as a judge at the Laguna Sunrise Rotary speech contest, attended an Arts Advocacy group mixer, attended the Ridge Shopping Center and Costco Center community meeting, and attended the Police Department's Beat 2 meeting. Mr. Suen requested, and received City Council consensus, to consider a future agenda item for a Hall of Fame Program as presented under a proposal he had collaborated on with Vice Mayor Ly participated in the formation of the East Franklin Community Association, attended the Ridge Shopping Center and Costco Center discussion, and participated in the Green Gauntlet Fitness Challenge. Mr. Ly attended the Sacramento Regional County Sanitation District Board of Directors meeting which discussed increasing rate assistance to the Sewer Lifeline Assistance Program and discussed sewer credit Council Member Detrick attended the Franklin Community neighborhood event, attended the Ridge Shopping Center and Costco Center community meeting, and attended the Police Department's Beat 2 meeting. Mr. Detrick attended the Sacramento Metropolitan Cable Television Commission Board meeting stating there were no items Council Member Hume attended the Capital SouthEast Connector Joint Powers Authority Board meeting which discussed transitioning staff resources from project planning into the project delivery phase. He attended the Sacramento Regional County Sanitation District Board of Directors meeting, served as a judge for the Teen Idol competition (and would serve as emcee for the April singing competition), and he voiced his appreciation that the utility box beautification program had commenced. Mayor Davis participated in a meeting with the Police Chief and the National Association for the Advancement of Colored People (NAACP), maintaining ongoing communication. He attended the State of Regional Transit breakfast and noted the Sacramento Regional Transit District would soon be introducing a new General Manager. Mayor Davis noted the City of Sacramento was receptive to the request to form a 2 X 2 committee, and with the consensus of the City Council, appointed the positions of Mayor and Vice Mayor to serve as the City of Elk Grove representatives on the City of Sacramento 2 X 2 ad hoc committee. He attended the Green Gauntlet Challenge, stated the Running of the Elk half marathon event would be held April 3, and noted on April 6 a town hall meeting called Greater Than Three was being held in  residents Connie Conley and Linda Ford.  portability.  tor report.  Elk Grove City Council Regular Meeting, March 9,2016 Page2of19    conjunction with Elk Grove News and the Elk Grove Community Connection to provide  a forum to hear from the public on City related issues.  CONSENT CALENDAR ITEMS PUBLIC COMMENT None.  Council Member Detrick noted he would recuse from voting on Item 8.12.  Motion: M/S Hume/Detrick noting Council Member Detrick's recusal from voting on Item 8.12, and to approve the remainder of the Consent Calendar as presented. The motion passed by the following vote: Ayes: 5 (Davis, Ly, Detrick, Hume, and Suen); Noes: 0; Absent: 0 [the vote for Item 8.12 passed by the following vote: Ayes: 4 (Davis, Ly, Hume, and Suen); Noes: 0; Absent: 0; Abstain/Recuse: 1 Agenda Item No. 8.1: Approved City Council meeting Minutes of: 1) November 18, 2015, 6 p.m. special meeting; and 2) December 9, 2015 special meeting. Agenda Item No. 8.2: Received report on City Manager approved purchases and contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and Agenda Item No. 8.3: Received report on Requests for Proposals, Qualifications, and Agenda Item No. 8.4: Adopted Ordinance No. 02-2016 amending Elk Grove Municipal Code Chapter 3.42 and adding Chapter 3.50 to adopt the provisions of the California Uniform Public Construction Cost Accounting Act (UPCCAA) (Second Reading). Agenda Item No. 8.5: Adopted Ordinance No. 03-2016 amending the Elk Grove Auto Mall Special Planning Area - sign criteria (Project No. 15-041) (Second Reading) Agenda Item No. 8.6: Adopted Ordinance No. 04-2016 amending the Zoning Ordinance for the Sheldon Farms Rezone Project (EG-05-963) Assessor Parcel Agenda Item No. 8.7: Adopted Resolution No. 2016-032 authorizing the City Manager to execute a three year agreement with Moonlight Cleaners for dry cleaning service of Agenda Item No. 8.8: Adopted Resolution No. 2016-033 authorizing the City Manager to submit a grant application to the Department of Resources Recycling and Recovery (CalRecycle) for a Local Government Household Hazardous Waste 27th Cycle Grant in Agenda Item No. 8.9: Adopted Resolution No. 2016-034 finding the Elk Grove-Florin Road at West Camden Sidewalk Infill Project (WAC009) exempt under the California  (Detrick)].  Purchasing, filed through March 2, 2016.  Bids.  Number 127-0090-079 (Second Reading)  police uniforms in an amount not to exceed $60,000.  the amount of $75,000.  Elk Grove City Council Regular Meeting, March 9,2 2016 Page 3of19    Environmental Quality Act; authorizing the City Manager to execute a construction contract with All-American Construction, Inc. in the amount of $108,352.50; authorizing the City Engineer to approve change orders not-to-exceed $16,253; and authorizing the City Manager to execute a construction contract with the second lowest bidder if the first Agenda Item No. 8.10: Adopted Resolution No. 2016-035 dispensing with the competitive bidding process pursuant to Elk Grove Municipal Code Section 3.42.140(b)(3) and authorizing the City Manager to execute a Letter of Engagement with Piper Jaffray for underwriting services in connection with a new debt issuance and Agenda Item No. 8.11: Adopted Resolution No. 2016-036 authorizing the Mayor to execute a Reimbursement Agreement with Taylor Morrison of California, LLC for privately constructed public facilities included in the Elk Grove Roadway Fee Program, and amending the Fiscal Year 2015-16 Budget to reflect the expenses authorized in the Agenda Item No. 8.12: Adopted 1) Resolution No. 2016-037 declaring intention to annex territory to Street Maintenance District No. 1, Zone 3-R (Annexation No. 29) and tol levy a special tax to pay for street maintenance; 2) Resolution No. 2016-038 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. 36); 3) Resolution No. 2016-039 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. 37); and 4) Resolution No. 2016-040 declaring intention to: annex territory to Storm Water Drainage Fee Zone 2 (Annexation No. 12). Agenda Item No. 8.13: Adopted Resolution No. 2016-041 authorizing the City Manager to appoint a Retirement Plan Committee to provide oversight of the administration of the City of Elk Grove's deferred compensation plans and adopt the  lowest bidder does not meet filing obligations.  refunding for Laguna Ridge CFD 2005-1.  agreement.  Retirement Plan Committee Formation, Duties, and Procedures Policy.  PUBLIC HEARINGS  Agenda Item No. 9.1: A Public Hearing to consider adoption of a resolution approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sheldon Road/Bradshaw Road Intersection Improvement Project (PT0137) and approving the project; adoption of a resolution identifying a roundabout as the preferred alternative for traffic control at the intersection; and provide direction for the temporary  closure of the entire intersection during construction.  RECOMMENDATION resolutions:  Staff recommends the City Council hold a public hearing to consider adoption of two 1) Adopt resolution approving the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program for the Sheldon Road/Bradshaw Road Intersection Improvement Project (Project) and approving the Project; and 2) Adopt resolution identifying a roundabout as the preferred alternative for traffic control at the Sheldon Road. /E Bradshaw Road intersection.  Elk Grove City Council Regular Meeting, March 9, 2016 Page 4of19    In addition, staff is seeking direction for a temporary full closure of the entire intersection for approximately six consecutive weeks during construction to reduce impacts to adjacent properties, reduce the length of the construction phase, and lower construction With the aid of an overhead presentation (filed), Rick Carter, Capital Program Manager, provided an overview of the staff report and recommended actions. The Sheidon Road / Bradshaw Road Intersection Improvement Project would improve traffic at the intersection as well as replace the bridge and realign the creek to accommodate 100 year storm conditions. The intersection had two alternatives of a signalized intersection ora roundabout. The signalized intersection would have through lanes and left turn lanes on all four lanes, no right lanes were proposed due to restrictions imposed by the Rural Road Improvement Policy and Standards, with pedestrian facilities accommodated through crosswalks. The roundabout alternative would have two lanes north and southbound that tapered within several hundred feet back to single lanes on Bradshaw Road, and would have one lane east and westbound with the addition of an eastbound right turn lane to accommodate traffic flows, with bike paths pulled out and around the intersection before entry into the roundabout (also functioning as pedestrian paths for crossings). Environmental impacts were mainly from working in and around the creek area, and all potentially significant impacts were mitigated primarily through biological preconstruction surveys and mitigation banking for Swainson's Hawk foraging habitat. The project had a series of community meetings starting in November 2011, June 2012 the City Council provided direction to look at both the signal and roundabout alternatives, February 2014 an update was provided on three intersections in the rural area under consideration, January 2016 staff presented the two alternatives for feedback (this first open house meeting had 44% supporting the signal and 56% supporting the roundabout), and a second meeting was held February 2016 (with 57% supporting the signal and 43% supporting the roundabout). He displayed comparisons of the two alternatives in terms of: 1) traffic delay (the signal attained Level of Service Level C with an average 34 second delay during peak hours, the roundabout attained Level of Service Level B with an average 16 second delay), 2) comparisons (by video simulation) of peak hour flows of the signal versus the roundabout, 3) future needs and/or expansion showing the signal would need right turn lane expansions projected in 2028 (southbound), 2033 (northbound), and 2036 (east and westbound), and the roundabout would require a second east-west lane by 2030 with an additional southbound right turn lane by 2047 (noting the projected expansion of Bradshaw Road based on straight-line traffic projections would see a need for four lanes by 2050 and six lanes by 2080, and four lanes would be needed for Sheldon Road by 2080), 4) safety advantages of a roundabout removing accident fatalities, reducing severe injury crashes, and creating a traffic calming effect, 5) driveway ingress and egress for neighboring properties noting a roundabout created gaps similar to that of a stop sign, 6) roundabouts took up more space (noting citizen requests to shift the footprint to the north, and likely also moved to the east to accommodate a fiber optic hub in the southeast corner), and 7) cost of the signal was $6.1 million, and the roundabout $7.9 million (noting federal grant funding covered $5.2 million of costs under either alternative). He summarized the comparisons of the alternatives, noting roundabout opportunities for aesthetics and reduction in vehicle emissions, and signal benefits included driver familiarity with signalized intersections, lower cost, and lower impacts  costs.  Elk Grove City Council Regular Meeting, March 9, 2016 Page 5of19    regarding utilities. In regards to the fiber optic hub, to move the vault would be the financial responsibility of Frontier Communications, and there was the opportunity to approach Frontier Communications to contribute to the cost to avoid impacting that system by shifting the final location of the roundabout. A last element for consideration was comparing a temporary full closure over 16 weeks of staged construction versus six weeks with a full closure (those timeframes were not the entire construction period, just the durations of the main disruptions to traffic), and he displayed diagrams of detour routes. The full closure overall had less traffic disruption, savings estimated at $400,000 to $600,000, avoided additional impacts to the southwest property (Mr. Spease, who owned the property on the southwest corner, mentioned interest in aligning a temporary road to not have to remove any trees, but with full closure no temporary road would be needed), and the full closure had received support via public comment. The current plan was for construction to commence spring 2018. With the selection of the alternative staff would commence the National Environmental Policy Act (NEPA) process for environmental review before the end of the summer to attain NEPA clearance to have federal authorization to start final design (the NEPA process took approximately one year). Mr. Carter and the project team answered questions as Ifthe roundabout was shifted north and to the east the approach alignment would be designed to get the entry speeds at acceptable levels, such designs would be At timeline objective was to have the closure scheduled during the summer The speed limit on Sheldon Road was 40 miles per hour (mph), and 55 mph on Traffic condition projections were forecasted to 2030 and 2035 and the current roundabout design would operate at 80% capacity and still have some ability to accommodate more traffic volume in the future beyond that. Existing conditions The roundabout design did take into account the traffic volume differences Staff did not know why there was a reverse in voting at the two workshops held in 2016 comparing the alternatives of signal VS. roundabout, the first meeting had about 80 attendees and the second meeting had about 90 (it was not all the  follows:  finalized at a future date;  months when schools were out of session;  Bradshaw Road;  had a greater degree of flexibility to accommodate more traffic.  between Bradshaw Road and Sheldon Road;  same attendees at both meetings). Mayor Davis declared the public hearing open.  PUBLIC COMMENT  Mark Fowler believed the difference in the meetings in January and February 2016 was participants learned more about the roundabout alternative, and the more they found out the less it was liked. He noted the first meeting did not have any open discussion, and the City seemed to present the roundabout as the preferred alternative. The second meeting allowed more discussion. He opposed the roundabout noting excessive lighting, the higher cost, concerns that cited safety surveys were taken on roundabouts in residential areas (not arterial roads), and concerns about pedestrian safety. Mr. Fowler believed a roundabout with the planned lighting would change the  Elk Grove City Council Regular Meeting. March 9,2 2016 Page 6of19    rural character of the community and if traffic calming was desired to lower speed limits Karry Dennis Fowler had issues with the excess of lighting for the roundabout, noting the Rural Standards prohibited placement of four lights in proximity. Regarding the intersection construction she supported a full closure in the summertime. She preferred a signalized intersection believing the project would negatively impact residents on Bader Road trying to get onto Sheldon Road, and that traffic would come to a stop with Joey Tomko noted he initially supported the roundabout but then changed his mind preferring a signalized intersection. He believed the roundabout was of a design that should be by the freeway or more urbanized area of town, and the size was excessive and not appropriate in the rural area. He noted the traffic issues were not constant, but only existed for an hour in the morning and an hour in the afternoon in conjunction with the school schedule. He questioned safety issues raised asking how many accidents had occurred at the intersection, and questioned why the final design could be different from what was being presented tonight. He agreed with Mr. Fowler's assessment of the Lisa Dixon noted she initially supported the roundabout but then changed her mind preferring a signalized intersection. She believed the roundabout footprint was too big, the lighting would be excessive, and it would not provide the traffic breaks to accommodate neighboring residents to exit/enter their properties. She believed these intersection improvements were being done only to the benefit of parents dropping off students at the school, and were not in the best interest of residents living in the area. Ms. Dixon believed the speed limit should be lowered on Bradshaw Road to provide for Leo Fassler supported the roundabout alternative, noting there would be a roundabout at Waterman Road / Sheldon Road to complement this intersection. He cited the Suzanne Pecci appreciated the City adhering to the Rural Road Improvement Policy Dan Best supported moving the intersection to the north and east, supported the roundabout alternative, supported making the rural area speed limits a consistent 40 mph, and suggested consideration of dark skylighting in the roundabout design. Jim Burich noted his property would be directly impacted by this project and he voiced support of the roundabout alternative. He believed the signalized alternative was given fair representation in the outreach workshops, that many who supported the roundabout at the first meeting did not attend the second meeting (believing the matter had been settled at the first meeting), and he believed some who opposed roundabouts did not have experience in navigating roundabouts nor seen their operational benefits. He voiced appreciation for the safety factors and traffic calming effects of roundabouts. Mr. Burich believed lowering speed limits would also help, and noted he had presented  int the rural area.  pedestrians and bicycles making crossings at the roundabouts.  change in voting between the two meetings.  traffic calming.  effectiveness to move traffic and safety elements of roundabouts. and Standards and supported the roundabout alternative.  a plan to staff for additional traffic calming measures in the rural area.  Elk Grove City Council Regular Meeting, March 9, 2016 Page7of19    Felipe Martin stated roundabouts in the United Kingdom were being replaced with signalized intersections, and he believed signals provided for improved traffic volume control and could interconnect to sequence lights. He believed arterial roads in the City were impacted, and though a roundabout may assist with traffic control, it would not assist with moving increased traffic volume. He believed the signal should be pursued as it was more cost effective, and once the bid for the roundabout went out it would likely cost more. He believed the signalized intersection was under-designed, and the presentation during the staff outreach seemed to favor the roundabout option. Sharon Lynes supported the roundabout alternative. She believed the publicity on the second meeting was much better, and appreciated the revised meeting format at the Grant Lynes supported the roundabout alternative, and believed drivers would become accustomed to such an intersection. He agreed traffic needed to be slowed down in the Lynn Wheat addressed the 2015 National Citizen Survey, noting respondents gave positive ratings to the overall quality of life in Elk Grove, the small town fee, quietness, rural nature, and community and culture of the City. She appreciated adherence to the Rural Road Improvement Policy and Standards and voiced support for the roundabout Shirley Peters, representing the Greater Sheldon Road Estates Homeowners Association (GSREHA), stated she had submitted a joint letter (with Bill Myers representing the Sheldon Community Association) supporting the roundabout. Brian Ruthven noted his familiarity with the safety and traffic calming benefits of roundabouts and appreciated comments to explore moving the roundabout footprint to the north and slightly east, expressing his support to meet neighboring resident needs  second meeting to allow more open discussion.  rural area.  alternative.  when implementing the roundabout alternative. Mayor Davis declared the public hearing closed.  Mr. Carter noted both the signal light and roundabout alternatives would have safety requirements requiring intersection lighting, the Rural Road Improvement Policy and Standards required cut-off lights to limit glare. Since the roundabout was larger it would have more lights, the actual number would be determined during final design of the Council Member Detrick supported the roundabout alternative, moving it north and east and to consider using the existing 30 foot easement to the maximum to stay away from the utility boxes and vaults (seeing if the utility company would provide some type of credit for not requiring them to move the utilities), and he cited the safety and traffic calming effects of roundabouts. He supported the full closure in the summer and  project.  suggested consideration to further shield the intersection lighting.  Elk Grove City Council Regular Meeting, March 9,2016 Page 8of19    Council Member Suen noted the roundabout had a higher çost, but was warranted with the improvements to safety and elimination of accident fatalities. He noted the full closure would also improve safety conditions of on-site construction workers along with Vice Mayor Ly provided a tally of emails and phone calls he had received which was in Council Member Hume believed opinion seemed split on the issue. He appreciated staff revising the format of the outreach meeting, and he believed the staff presentation chose detailing the alternative of the roundabout as it was different than a standard signal light. He addressed the dollar amount difference between the two, but noted the roundabout had a longer operational timeframe before needing additional improvements, and the traffic signal would eventually expand on a shorter timetrame with additional lanes necessitating additional costs. He agreed with minimizing light pollution and to keep the light down on the roadway. Mr. Hume noted the roundabout would call attention to drivers a remarkably different intersection entering into the rural By consensus the City Council voiced support to evaluate shifting the project north and east, to minimize light pollution from the intersection, and authorized the temporary full closure of the entire intersection for approximately six consecutive weeks during construction to reduce impacts to adjacent properties, reduce the length of the construction phase, lower construction costs, and target a timeframe for construction Motion #1: M/S Detrick/Ly to adopt Resolution No. 2016-042 approving the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program for the Sheldon Road / Bradshaw Road Intersection Improvement Project (Project) and approving the Project. The motion passed by the following vote: Ayes: 5 (Davis, Ly, Motion #2: M/S Detrick/Ly to adopt Resolution No. 2016-043 identifying a roundabout as the preferred alternative for traffic control at the Sheldon Road / Bradshaw Road intersection. The motion passed by the following vote: Ayes: 5 Agenda Item No. 9.2: A public hearing to consider a resolution finding no further California Environmental Quality Act (CEQA) review is necessary for the Tuscan Ridge West Revised Map Project and approving the Tuscan Ridge West Revised Map Project  shortening the closure impact duration. favor of the roundabout alternative.  area.  when school was not in session.  Detrick, Hume and Suen); Noes: 0; Absent: 0.  (Davis, Ly, Detrick, Hume and Suen); Noes: 0; Absent: 0.  (EG-15-048; APNs: 132-0050-0140 and -141).  RECOMMENDATION Adopt resolution:  a. Finding no further CEQA review is necessary for the Tuscan Ridge West Revised Map Project (EG-15-048) pursuant to Section 15182 (Residential Projects Pursuant toa Specific Plan) of Title 14 of the California Code of Regulations; and b. Approving the Tuscan Ridge West Revised Map Project subject to the findings and  conditions of approval included in the draft resolution.  Elk Grove City Council Regular Meeting, March 9,2 2016 Page 9of19    With the aid of an overhead presentation (filed), Gerald Park, Senior Planner, provided an overview of the staff report and recommended action. The Tuscan Ridge West project was approved in November 2011 to consider 133 single-family lots, two parkway lots, and a park site off of Poppy Ridge Road on 38 acres covering two parcels. The applicant requested reducing the project area by half, revising the map to subdivide 20 acres into 100 single family lots and the two parkway lots. The remaining park and residential area would be integrated with the Tuscan Ridge South Project that would be brought forward at a future date. The original Conditions of Approval were revised to allow the revised map to move forward with a new tentative subdivision map. The current map would be rescinded upon approval of the project. The project was categorically exempt from the California Environmental Quality Act (CEQA).  Mayor Davis declared the public hearing open.  Clifton Taylor, the applicant representing Richland Communities, stated the request facilitated the start of Phase 3 of Laguna Ridge. The property was acquired over the last few years along with various other property interests in Laguna Ridge, where the company planned to develop an approximate 1,505 units in that area. The request would facilitate phasing recognizing where the shed lines were and working south and  to the east through future phases. PUBLIC COMMENT  Michael Monasky questioned why the project was exempt from environmental review, and believed approval of smaller projects, or segments of projects, without the context of how they fit with a larger area was confusing and procedurally suspect. He believed  planning should be done in a more comprenensive manner. Mayor Davis declared the public hearing closed.  Councii Member Hume noted the CEQA review was already conducted on the original subdivision map, relying on the Laguna Ridge Specific Plan which had an Environmental Impact Report (EIR) approved in 2004. Since the residential project was consistent with the underlying specific plan for which an EIR had been certified, no further environmenta. review was required. The action tonight was to bifurcate the previously approved tentative subdivision map into two different projects. Motion: M/S Hume/Suen to adopt Resolution No. 2016-044 finding no further CEQA review is necessary for the Tuscan Ridge West Revised Map Project (EG-15-048) pursuant to Section 15182 (Residential Projects Pursuant to a Specific Plan) of Title 14 of the California Code of Regulations, and approving the Tuscan Ridge West Revised Map Project subject to the findings and conditions of approval included in the draft resolution. The motion passed by the following vote: Ayes: 5 (Davis, Ly, Detrick,  Hume and Suen); Noes: 0; Absent: 0.  Agenda Item No. 9.3: A public hearing to consider a resolution adopting the second amendment to the Neighborhood Stabilization Program (NSP)Action Plan.  Eik Grove City Council Regular Meeting, March 9, 2016 Page 10of19    RECOMMENDATION  Adopt resolution adopting Amendment #2 of the Neighborhood Stabilization Program Sarah Bontrager, Housing and Public Services Manager, provided an overview of the staff report and recommended action. The City had received $2.4 million in funds in 2008 from the US Department of Housing and Urban Development intended to address foreclosed and abandoned properties providing programs for down payment assistance and an acquisition rehabilitation program. The City had received loan payoffs in the amount of $470,000 and anticipated receiving another $410,000. The funding from the loan repayments held the same restrictions as the original funds and must be used for foreclosed and abandoned properties. Currently there were not a lot of foreclosures in Elk Grove, with less than a 0.2% foreclosure rate. Staff planned on doing some acquisition and rehabilitation of tax default properties (properties more than five years behind on taxes) and would work with Sacramento County to purchase those properties. Two activities would be established in the amendment, one focusing on  Action Plan (also known as the NSP Substantial Amendment).  existing residential properties, and one focused on vacant properties.  Mayor Davis declared the public hearing open.  PUBLIC COMMENT  Michael Monasky did not believe the City had adequate programs to keep people in their homes if they encountered dire fiscal circumstances. He believed the City should look at current housing stock, replace wasteful water lines, incentivize no-grass gardens, and encourage young people to engage in home improvement work at a $15  minimum wage.  Mayor Davis declared the public hearing closed.  Motion: M/S Detrick/Hume to adopt Resolution No. 2016-045 adopting Amendment #2 of the Neighborhood Stabilization Program Action Plan (also known as the NSP Substantial Amendment). The motion passed by the following vote: Ayes: 5 (Davis,  Ly, Detrick, Hume and Suen); Noes: 0; Absent: 0. REGULAR AGENDA ACTION TEMS/RECOAMEMDATONS  Agenda Item No. 10.1: Review a report on state initiatives regarding single-use  carryout bags and provide direction. RECOMMENDATION  Staff recommends that the City Council receive a report on state initiatives regarding single-use carryout bags and provide direction to staff as deemed appropriate. Kara Reddig, Deputy City Manager, provided an overview of the staff report and recommended actions. She provided a review of state initiatives regarding single use carryout bags, and noted 115 ordinances had been passed at the local level (with Sacramento County also considering an ordinance). Most ordinances banned plastic bags at grocery stores, pharmacies, and liquor stores requiring a $0.10 charge for the  Elk Grove City Council Regular Meeting, March 9, 2016 Page 11of19    sale of paper or reasonable plastic bags (often the retailer kept the revenue from charge). In 2014 SB270 created a statewide ban on single-use carryout bags, this did not replace existing ordinances and only applied to counties that did not have their own single-use carryout ordinances. A referendum qualified for the November 2016 ballot, where a yes vote would ratify SB 270, a no vote would overturn SB 270, and until the election the state could not implement SB 270. If approved SB 270 single-use carryout bags would be banned, though they would be allowed for meat, bread, produce and perishable items. Currently the $0.10 charge funding would go to bag manufacturers, but a proposed initiative would shift that funding to environmental programs. SB270 held a preemption clause which would prohibit local jurisdictions from adopting an ordinance after September 1, 2014. Though SB 270 had not been implemented because of the referendum, if the City adopted a plastic bag ordinance it would likely be exempted by state law if SB270 was ratified. If the City Council was interested in moving forward with an ordinance staff recommended conducting public outreach, evaluate seeking an exemption under California Environmental Quality Act (CEQA) review, and under an aggressive timeline could complete the process prior to the November election to have an ordinance in place. Alternatively the City could wait until Vice Mayor Ly noted the significant time commitment of staff to pursue a local ordinance for a matter that could be decided by vote at the November 2016 election.  after the November 2016 election to see if SB: 270 was ratified.  PUBLIC COMMENT  Lisa Dixon believed the City should wait until the results of the November 2016 election are known, believing a local ordinance would be a waste of time. She noted many people re-used the stated "single-use" bags, and she emphasized the state law only exempted particular types of single-use bags (so many single-use bags would remain in Andrea LaLonde believed there was a social and cultural shift on the use of plastic bags throughout California, and held concerns having a government mandate on a matter of personal decision. She believed education would be a more effective method to reduce use of single-use carryout bags, and that the surcharge was neither equitably allocated (going back to the grocery industry) nor of a significant amount to incentivize Joey Tomko believed the matter was a waste of time at the local level and to let the voters decide on the state regulation. He believed the surcharge was a disincentive to consumers, and was only a mechanism for the state to fund other projects. Michael Monasky believed lobbyists for plastic bag manufacturers and related companies conducted an aggressive program to remove plastic bag bans and advocated that for any fees charged those fees be returned to their industries. He believed SB 270 had already been reduced in effectiveness with the number of  circulation).  consumers.  exemptions initially sought by the chemical lobby.  Elk Grove City Council Regular Meeting, March 9, 2016 Page 12of19    Vice Mayor Ly thanked the students that brought the matter to the City Council's attention, and supported seeing the November 2016 election results first on the The City Council provided direction to staff to await the results of the referendum and Agenda Item No. 10.2: Receive opinion research report and adopt a resolution dispensing with competitive bidding and authorizing the City Manager to execute a contract with The Lew Edwards Group to continue community outreach, assessment of community priorities and planning efforts related to securing additional local funding in  referendum of SB 270 before committing staff time to the issue. initiatives expected on the November 2016 election.  the amount not to exceed $191,550. RECOMMENDATION Staff recommends the City Council:  1) Receive and consider the report on independent public opinion research conducted by Godbe Research (acting as a subcontractor to The Lew Edwards Group) related toc community priorities, community opinion of the City and community interest in 2) Adopt resolution dispensing with competitive bidding and authorizing the City Manager to execute a contract with The Lew Edwards group to continue community outreach, assessment of community priorities and planning efforts related to a potential future sales tax measure to fund community priorities in an amount not to Budget Manager Andrew Keys stated the item would present the opinion research conducted to determine public opinion in pursuing additional local funding through a With the aid of an overhead presentation (filed), Brian Godbe with Godbe Research, provided an overview of the public opinion research. The objective of the survey was to gauge satisfaction with the perception of living in Elk Grove, the City's performance providing resident services, amenities, and management of public funds, and evaluate interest in a local funding measure. The methodology was a telephone survey in the field from December 6 through December 10, the average interview was 20 minutes long, and the sample size was 505 participants (with an error rate of +/- 4.34%). The first set of questions were on different qualities and aspects of life, providing ranked responses from "poor" to "excellent", with respondents predominantly giving scores of "excellent" or good" on most questions. In response to opinions on the job the City was doing to provide services, there was an 81% favorable response, and the impression of how City was managing taxpayer dollars was a 57% favorable response (seeing a higher "don't know" or "no answer" response of 20%). These responses reflected an overall positive response rate regarding quality of life factors and opinions on City operations and fiscal management. The survey then asked if respondents would support the following potential sales tax measure: "To provide funding to make neighborhoods safer and maintain and improve essential City services including: maintaining rapid police response times; fixing potholes; repairing city streets; maintaining neighborhood police patrols; providing additional recreational facilities; enhancing commuter transit service; enhancing economic development; maintaining  securing additional local funding; and  exceed $191,550.  potential future sales tax measure.  Elk Grove City Council Regular Meeting, March 9, 2016 Page 130 of19    pedestrian and bike trails; and other essential city services; shall the City of Elk Grove enact an ongoing one cent sales tax, providing approximately $19 million dollars annually, with annual audits, independent citizens' oversight, and all funds spent locally?" Total support (of responses of "Definitely Yes" and "Probably Yes") was at 59%, without knowing anything more than the 75 word statement of the measure question. Since a simple majority was required to pass the measure, even with the error rate there was a cushion to meet the 50%+1 passage rate. The next questions on the survey sought potential measure priorities in the community based on a scaled ranking, with the top-tier responses wanting services to reduce crime, maintain rapid police response times, attract and retain local businesses, enhance youth crime prevention and gang programs, increase the number of police officers patrolling streets, fix potholes and maintain streets, enhance major roads, improve economic development too create local jobs, and to maintain neighborhood police patrols. These encompassed three themes of public safety, street repair, and economic development, and the top-tier responses indicated respondents would be at least 70% "somewhat more likely" to support this measure. The second tier responses included economic development, improved commuter transit services, providing a veterans hall, maintaining enhanced traffic safety, and neighborhood code enforcement. The service priorities continued to diminish, and by the time the fourth tier priorities were reached the survey response was at a simple majority level. The final set of questions in the survey were a variety of informational statements to get reactions on how the posed statements might influence  the view/support of a potential tax measure.  PUBLIC COMMENT  Michael Monasky opposed the contract with Lew Edwards Group. He disagreed with the City not conducting competitive bidding, but also felt this survey process was nonproductive and only a plan to ensure passage of a tax measure. He believed the City was failing in its fiscal responsibilities, he believed the contracted firm had its own special interest in seeing a local tax measure approved, and that new leadership was Lisa Dixon noted the sample was less than 1% of the citizenry, and believed for the same amount of money the same questionnaire could be sent via utility billing statements and likely would receive a higher response. She believed City funds were Council Member Detrick appreciated the positive feedback on quality of life and City management of resources. He believed residents were already overburdened with taxes, and stated he did not support continuing the contract for outreach on a potential Mr. Keys provided a timeline of the contract, stating Phase 1 would include community engagement from March to June developing strategies, training staff, developing informational materials, and conducting outreach meetings with the various constituent groups in the public. The consideration to move forward with a tax measure would  needed for the City.  better spent on other priorities.  tax measure.  return in July, and if approved Phase 2 would then commence.  Elk Grove City Council Regular Meeting. March 9, 2016 Page 14of19    Council Member Hume stated he was a supporter of the Sacramento Transportation Authority's effort to place a sales tax measure on the ballot. He supported the Phase 1 community engagement and continuing feedback, but believed if there was an STA sales tax measure and a City sales tax measure it could jeopardize passage of both. Mr. Hume believed the City measure should be contemplated as a special tax requiring a higher threshold of voter approval rather than being a general tax only requiring a  simple majority.  Mr. Godbe addressed questions on the survey methodology as follows:  The survey sample of 505 was of likely voters for the November election, and was typical of statistically accurate survey practices (being very similar to national surveys that were conducted). The sampling methodology was different from national polling in that the survey did not ask people if they were likely to be voters, rather an algorithm was conducted to predict whether respondents were This survey did not ask any questions in regards to other measures that may be on the November ballot that may compete with a City tax measure. The work plan included conducting another survey that would address other local measures on the ballot, including other revenue related items such as the  likely voters based on previous behavior;  statewide school bond.  City Manager Gill noted that in the contract the consultant would not work on Phase 2 until authorized by the City. The matter would return for discussion in July, and if Motion: M/S Suen/Ly to adopt a resolution dispensing with competitive bidding and authorizing the City Manager to execute a contract with The Lew Edwards group to continue community outreach, assessment of community priorities and planning efforts related to a potential future sales tax measure to fund community priorities in an amount Council Member Hume believed only the Phase 1 work should be authorized at this Substitute Motion: M/S Hume/Suen to adopt Resolution No. 2016-046 as amended dispensing with competitive bidding and authorizing the City Manager to execute a contract with The Lew Edwards group to continue community outreach, assessment of community priorities and planning efforts related to a potential future sales tax measure tof fund community priorities for only Phase I identified in the contract in an amount not to exceed $70,000. The motion passed by the following vote: Ayes: 4 (Davis, Ly, Agenda Item No. 10.3: Consider an amendment to the Fiscal Year (FY) 2015-2020 Capital Improvement Program (CIP) and FY 2015-16 Budget regarding the Laguna Ridge Specific Plan; consider adoption of a resolution establishing Guiding Principles  moving forward with the measure then Phase 2 would be needed.  not to exceed $191,550.  time and offered a substitute motion as follows:  Hume, and Suen); Noes: 1 (Detrick); Absent: 0.  for the Laguna Ridge Community Facilities District (CEQA Exempt).  RECOMMENDATION  Staff recommends that the City Council:  Elk Grove City Council Regular Meeting, March 9, 2016 Page 150 of19    1) Adopt resolution amending the FY 2015-2020 Capital Improvement Program (CIP) and FY: 2015-16 Budget for projects in the Laguna Ridge Specific Plan; and 2) Adopt resolution establishing Guiding Principles for the Laguna Ridge Community With the aid of an overhead presentation (filed), Christopher Jordan, Assistant to the City Manager, provided an overview of the staff report and recommended actions. The requested actions addressed how the future 2016 bond proceeds for the Laguna Ridge Community Facilities District would be allocated between developers and the City to initiate planning for City projects funded from those proceeds. The Laguna Ridge Community Facilities District (CFD) included two components, a bond indebtedness component creating the ability to issue bonds based on property taxes levied that would go toward capital construction of public infrastructure within the boundaries of the district, and a maintenance component of the public facilities (parks, trails system, other infrastructure pieces) in the district. All CFD funds, whether for the bond component or maintenance component, were restricted to what was identified within the CFD formation documents, with no ability to use those funds for other uses, such as road maintenance, elsewhere in the City. The CFD was created in 2005, the first bonds were issued in 2007 and used to reimburse developers for public infrastructure delivered with the first phase of construction (such as Whitelock Parkway, the Big Horn Boulevard extension, and other infrastructure pieces), and $4 million of the 2007 bond issuance was set aside for the Civic Center Project. The City adopted a number of policy documents related to CFD's including program policies in 2001 and the land secured financing policy in 2013, establishing the process for creating CFDs, determining eligible facilities, and directing how districts were managed = but these documents did not identify how the funds from those bond programs were then allocated or made available for individual projects. Staff recommended establishing guiding principles for this CFD that would identify how those funds would be allocated to projects going forward. The guiding principles had three components: 1) setting priorities for the bond proceeds and establishing where the funds were used and in what ways, 2) providing an allocation of funds between City and developers for public infrastructure projects, and 3) establishing ar methodology for calculating the infrastructure reimbursement for the public facilities. The proposed priorities included New Growth Area (NGA) projects (a series of public and infrastructure projects within the district), $25 million for Civic Center Projects identified in the CFD formation documents, and providing additional funds for unfunded or partially funded infrastructure benefiting Laguna Ridge like Kammerer Road improvements and the Reardan Park complex. Funds would be available to reimburse developers for eligible CFD expenses. The NGA projects included the south sewer lift station (the sewer project would collect sewer flows from the south area of Laguna Ridge and other surrounding developments, and this facility would be reimbursed by future impact fees collected), roadway projects and their underlying infrastructure on Bilby Road, Big Horn Boulevard, and Kammerer Road. The guiding principles would set up a split of the net proceeds from the bond issuances, with 33% going to City projects, and 67% would go toward developer reimbursement for public infrastructure they were responsible for delivering. These amounts would be net of other fee credits and reimbursements through other programs. The NGA projects would be borrowed from the 67% of the developer share (not a part of the one third allocation for the City projects) and would be repaid as impact fees were collected. Mr. Jordan noted the net cost would be on the telecommunications side, which was eligible under the formation  Facilities District.  Elk Grove City Council Regular Meeting. March 9,2 2016 Page 160 of19    documents. The developer reimbursement priority would first be delivery of public infrastructure in the ground, and additional funds would be available for the reimbursement of prepayment of impact fees. Developer reimbursement would be capped at a not to exceed value on a per tax unit basis. The staff recommendation included budget amendments for the public infrastructure projects to accelerate funding for the design process, and using the bond issuance for construction. Mr. Jordan noted a staff memo (filed) correcting the dollar amounts requested under the Budget and Inr response to Council Member Suen, Mr. Jordan stated the first phase construction of Laguna Ridge covered under the bonds issued in 2007 had been fully reimbursed. Regarding the Madeira East project, some of the units were pledged as developed towards the 2007 bond issuance and were included within the reimbursement that had already occurred. There were units that were not pledged as part of the issuance back in2 2007, and those would be eligible for reimbursement under the guiding principles for  Capital Improvement Project amendments.  ai future bond issuance. PUBLIC COMMENT  Clifton Taylor, representing Richland Communities, stated the company owned 40% of the units affected by this policy. He voiced support for the recommendation, believing it represented a true compromise balancing the City's objectives and the development community's needs. The approval of the item would provide the City funding for facilities promised, and provide the development community a guarantee of certain proceeds allocated across those paying taxes. Mr. Taylor believed that developers from the prior Phase 1 issuance had received a higher level of reimbursement per unit and made a smaller contribution to the aquatics facility and other public facility elements, but believed these guidelines would implement a fair distribution for the next issuance. Dustin Sirbiling, a resident property owner in Laguna Ridge, believed the vision for the Laguna Ridge area was being compromised in design and facilities provided, and noted his displeasure with the Costco Project proposed in the Laguna Ridge area. He raised concern regarding how much money was owed to developers and how much they were Michael Monasky believed the CFD was manipulated to the benefit of development interests and he questioned the City's management of the CFD and reimbursements made to date. He believed the residents of Laguna Ridge would continue to pay higher and higher fees on their properties to cover lowered infrastructure fee assessments on developers, as well as pay the majority of costs for the City's planned public projects at Jay Pawlek, representing Taylor Morrison, voiced support for the recommendation. He noted the Laguna Ridge CFD had the highest exaction than anywhere in the region, the proposal borrowed money by the City from land developers for infrastructure, but was a true compromise providing the development community certainty, providing funds for long term improvements for the City, and provided for an equal distribution of funds to  projected to receive from a new bond issuance.  the Civic Center.  all parties involved.  Elk Grove City Council Regular Meeting, March 9,2 2016 Page 17of19    In reply to Council Member Hume, Mr. Jordan noted the water and sewer infrastructure to serve the office employment lands in the SouthEast Policy Area (SEPA) would come from the Laguna Ridge area, while access to the property would be through the Kammerer Road improvements. The cost estimate for Bilby Road went to the Shed C Channel edge but did not take into account moving the infrastructure across the Shed C Channel at this time. Part of the approvals for the Souza Dairy Project was a Development Agreement obligation for the construction of facilities that would be coordinated between the City and the developer on how to bring the infrastructure Motion #1: M/S Detrick/Hume to adopt Resolution No. 2016-047 amending the FY 2015-2020 Capital Improvement Program (CIP) and FY 2015-16 Budget for projects in the Laguna Ridge Specific Plan noting the amendment of the staff memo. The motion passed by the following vote: Ayes: 5 (Davis, Ly, Detrick, Hume and Suen); Motion #2: M/S Detrick/Hume to adopt Resolution No. 2016-048 establishing Guiding Principles for the Laguna Ridge Community Facilities District. The motion passed by the following vote: Ayes: 5 (Davis, Ly, Detrick, Hume and Suen); Agenda Item No. 10.4: Consider appointment of two voting members to the Historic Preservation Committee, and continue recruitment efforts for remaining vacancies on  across the channel.  Noes: 0; Absent: 0.  Noes: 0; Absent: 0.  the Historic Preservation Committee. RECOMMENDATION  Receive information from Mayor Davis, with the approval of the City Council, regarding appointment of two voting members to the Historic Preservation Committee, and to continue the Historic Preservation Committee recruitment until all positions are filled.  The verbal staff report was waived. PUBLIC COMMENT None.  Mayor Davis, with the approval of the City Council, appointed David Lema and Andy Angell to fill two vacant voting member positions on the Historic Preservation Note: The Closed Session items were moved for consideration after the conclusion of  Committee.  the Regular Agenda items. CLOSED SESSION  There were no public requests to speak. adjourning to closed session at 9:47 p.m.:  The City Clerk announced the following closed session items prior to the City Council  Elk Grove City Council Regular Meeting, March 9, 2016 Page 18of19    A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code S 54957  Title: City Attorney  B) CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code S 54957.6 City Representative: Gary Davis, Mayor  Unrepresented Employee: City Attorney unrepresented employee)  The City Council reconvened at 10:30 p.m. with all members present. Mayor Davis  announced that no reportable action was taken in closed session.  ADJOURNMENT  With no additional business to conduct, the March 9, 2016 City Council meeting was  adjourned at 10:30 p.m.  JA'SONL  R LINDGREN,ÇIPY CLERK  GARYDAVIS, MAYOR  A  Elk Grove City Council Regular Meeting, March 9, 2016 Page 190 of19