CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL REGULAR MEETING Wednesday, March 13, 2013  CALL TO ORDER/ROLL CALL  Mayor Davis called the regular City Council meeting of March 13, 2013 to order at  6:03 p.m. Present: Absent:  Mayor Davis, Vice Mayor Detrick, and Council Members Cooper, Hume  and Trigg. None.  Council Member Cooper led the Pledge of Allegiance. Mayor Davis asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Cooper/Detrick to approve the agenda as presented. The motion  passed by the following vote: Ayes: 5 Noes: 0.  CLOSED SESSION None.  PRESENTATIONS I ANNOUNCEMENTS  4.1 Mayor Davis presented a proclamation declaring March 2013 as DeMolay Month. 4.2 Chair Sharon Anderson provided a presentation and update on the Trails With the aid of an overhead presentation (filed), Ms. Anderson noted accompishments of the Trails Committee over the past year including creation of an updated map of the built trails system displaying access points and destinations (with development of a pocket map in process), and identifying Capital Improvement Projects such as the Elk Grove Creek Trail System / State Route 99 overcrossing, the Longleaf Bridge connection to Western Creek Trail, the Community Development Block Grant funded Laguna Creek trail connector at Camada Court, and development of connections from Elk Grove trails to surrounding regional trail systems. The focus for projects in the upcoming year was to approach trail planning and development by identifying community needs projected three to five years out, with continued support implementing the Trails Master Plan, planning off-street, safe routes to schools, and ensuring existing trail amenities were maintained. The Trails Committee sought to identify funding in the upcoming year through the Sacramento Area Council of Governments (SACOG), state,  Committee.  Elk Grove City Council Regular Meeting, March 13,2013 Page 1of17    and federal sources. She noted the committee welcomed support of the City Council and staff in continuing the dialogue on trail system needs, advocating for trails through direction on development and capital improvement projects, and increasing engineering and planning resources. Ms. Anderson summarized continuing outreach of the Trails Committee by promoting trail systems in the City newsletter, creation of an online public input portal for users to provide feedback of what was missing in the City trail system, and planning an outreach campaign and activities recognizing May 2013 as Bike Month. Council Member Hume noted in relation to support options of the Trails Committee that the City Council created a new position dedicated to ushering trails interests through different City departments, coordinating trails needs, and securing grants and funding.  4.3 Update by the Elk Grove Economic Development Corporation  Jim Cline, President of the Elk Grove Economic Development Corporation (EGEDC), provided an update noting the mission of the EGEDC to strengthen Elk Grove's economic future by helping to build, grow, and attract business in cooperation with community partners. The EGEDC hosted an event called Momentum launching a campaign reaching out to new investors, recently adding support from Sutter Hospital, the Kamillos Companies, and the Sacramento Municipal Utility District (SMUD). The past year the EGEDC aligned its mission and goals to integrate with efforts of the Elk Grove Chamber of Commerce and the City, minimizing duplication of efforts or perceived conflict. Activities in 2013 would be focused on highlighting attributes and differentiating Elk Grove from other cities, and promoting the attraction of new business through the use of video media and search tool optimization. Three focus groups of Capital Investment Network, Workforce Development, and Commercial Real Estate were formed to provide support in critical areas vital for new business success. The Momentum event included video clips on new developments and projects, with plans for production of videos in the three topic areas of each focus group to create an integrated video promoting Elk Grove and providing an additional source of exposure to potential  investors. PUBLIC COMMENT  Mimi Veiga requested sign regulations be revised to be more permissive for business advertising. She noted her business was located in the commercial center south of Elk Grove Boulevard and west of State Route 99. She provided pictures (filed) showing that while the area was a high traffic corridor, the lack of signage at site, placement of current marquee signage, occlusion of landscaping, and the setback distance of the business from the street equated to low to no visibility and exposure of her business. Ms. Veiga noted she had made use of a temporary sign closer to the street, but was Colin Saeger requested sign regulations be revised, and encouraged allowing the use of mechanical signs. He cited excessive costs of media advertising and hiring employees to serve as sign waivers. He believed a mechanical sign was a cost effective means to increase exposure and sales for his business, though such signage was currently not allowed. Mr. Saeger suggested the City Council consider altemative sign  cited twice by Code Enforcement, and since had removed the sign.  regulations to assist local businesses.  Elk Grove City Council Regular Meeting, March 13,2013 Page2 20f17    Mariel Black requested sign regulations be revised, voicing support of increased signage options to assist small business owners, noting larger, corporate businesses held the means to attain prime site and signage locations. She noted the benefits of additional signage for a business, but noted current restrictions made it difficult for Mayor Davis noted the issue of signage and signage enforcement would be coming before the City Council for consideration, and he requested that a temporary pilot City Manager Laura Gill stated discussion of sign regulations was scheduled for the Michael Monasky believed code enforcement in the City was poorly managed and unfair. He related his experience with Code Enforcement staff regarding a sign he believed was of hazardous design and in violation of regulations. He stated his understanding that enforcement was conducted reactively on a complaint basis, but believed enforcement checks on signage were being made proactively on merchants in Council Member Hume encouraged residents to contact Code Enforcement to address perceived code violations, and not initiate individual action. Mr. Hume believed the issue regarding enforçement actions in Old Town Elk Grove was likely from a reporting Leo Fassler commended Code Enforcement Manager Shane Diller for his prompt response and assistance in clearing accumulated trash and debris from open space  smaller businesses to pursue affordable signage.  program for small business signage be considered.  meeting of April 10.  Old Town Elk Grove.  party submitting complaints.  properties of the rural area.  GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the March 13, 2013 Administrative Report (filed).  COUNCIL COMMENTS/REPOREPORTS/FUTURE AGENDAI ITEMS  Council Member Trigg attended one of the City hosted public outreach budget meetings, and continued to meet with staff orienting him to City operations. Council Member Hume attended the Sacramento Regional Transit District Board meeting which received an update on transit line renewals based on those lines meeting thresholds for ridership figures. He attended the Capital SouthEast Connector Joint Powers Authority (JPA) Board meeting which reviewed the finance plan, and he noted his objection to the draft timing and matrix of delivery of projects which had prioritized the northeast segment of the connector outside of Elk Grove. The first phase of delivery was slated for 2018 to 2023, a point to point connection of a four lane road from Interstate 5 to State Route 50 (with the Sheldon area being an exception), and he sought that Elk Grove segments be prioritized during that phase of delivery. Discussion was initiated regarding the issue of who would hold authority of the right-of-way of the  Elk Grove City Council Regular Meeting, March 13,2013 Page30f17    Connector Project once completed, whether there would be an ongoing role of the JPA or if ownership and operation would revert back to local jurisdictions. He attended the City staff presentation on the Kammerer Road extension project, and asked that the City emphasize the importance of the connection of Interstate 5 to State Route 99 as vitally important to the region in providing congestion relief and meeting environmental goals to reduce average daily trips, with that segment being the most beneficial in both categories than any other segment within the traffic study area. He noted the Sacramento Transportation Authority Board meeting was cancelled, and he attended the Sacramento Regional County Sanitation Board of Directors meeting which primarily was in closed session receiving an update regarding the National Pollutant Discharge Elimination System (NPDES) permit litigation with the Water Quality Control Board and southern California water purveyors. Mr. Hume reported the Audit Committee received reports identifying steps to implement controls in specified areas to improve City Vice Mayor Detrick attended one of the City hosted public outreach budget meetings, and the meeting of the Audit Committee. Mr. Detrick requested future agenda items to consider updates to the fee deferral program, and consideration of a key to the city Mayor Davis noted the City did offer recognitions currently, but voiced interest to evaluate a key to the City program as a different method of memorializing recognitions. Council Member Cooper attended the Sacramento Metropolitan Air Quality Management District Board meeting which discussed offering programs to weatherize homes, particularly to assist elderly residents. Mr. Cooper attended the Sacramento Mayor Davis attended the Sacramento Public Library Authority Board meeting which discussed contract negotiations and sought to ratify contracts with employees. Mr. Davis participated in the Peace Through Understanding Forum hosted by the  operations.  program.  Regional County Sanitation Board of Directors meeting.  Laguna Sunrise Rotary. CONSENT CALENDAR ITEMS PUBLIC COMMENT  Michael Monasky addressed Item 8.1 noting payments made for business supplies appeared to be high in comparison to price quotes he had identified, and noted payments were made to the business owned by Planning Commission Chair Frank Maita, and to a local printing business that had non-union workers. He believed there were regional, union businesses that should be utilized by the City for comparable Regarding Item 8.8, Mr. Monasky believed there was a conflict of interest in having the law firm of Kronick, Moskovitz, Tiedemann & Girard's (KMTG) providing concurrent representation of the City of Elk Grove and Capital Nursery Company on a land use matter in the City. He requested that another firm be contracted by the City for legal  services.  Elk Grove City Council Regular Meeting, March 13,2013 Page 40f17    representation on the matter, alternatively he suggested KMTG refuse to represent Lynn Wheat addressed Item 8.8 noting that Mr. Hobbs was a contract attorney for the City of Elk Grove, and the firm he was employed with (KMTG) should not both represent Motion: M/S Hume/Detrick to remove Item 8.8 for separate consideration, and approve the remainder of the Consent Calendar items as presented. The motion Agenda Item No. 8.1: Received Automatic Clearing House (ACH) Nos. 6523 through 6673 dated February 1, 2013 through February 28, 2013; General Warrant Nos. 71128 through 71540; and Electronic Fund Transfer Nos. 2013131 through 2013133, 2013135 Agenda Item No. 8.2: Approved City Council meeting Minutes of January 23, 2013 Agenda Item No. 8.3: Received report on City Manager approved purchases and contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and Agenda Item No. 8.4: Received report on Requests for Proposals, Qualifications, and Agenda Item No. 8.5: Ordinance No. 3-2013 adopted amending Elk Grove Municipal Code Chapters 16.82 and 16.95 to synchronize cost index updates for various Agenda Item No. 8.6: Ordinance No. 4-2013 adopted amending Elk Grove Municipal Agenda Item No. 8.7: Received and accepted the Comprehensive Annual Financial Report and Single Audit Compliance Report for Fiscal Year ending June 30, 2012 Note: Item 8.8 was removed from the Consent Calendar for separate consideration. Agenda Item-No.-8.8: Adop-resolsion-auihosimg--CHyanager1o-exewiea Consent-te Representalion-Lelaer-auhonaing-ne-Ro-aw-sm-ol-konick.-Mekewi, Fademaa-Gads-ce-omoumwt-speesbsindEReCPdEEK-Gowe-amS-Caplas Numeny-Companyinreatonio.polenia-amc-use.desgnationchange-amd/eFre-ZOPing of Capital Nursenfs-propery-comsisient-wan-hee-Calloma-Rues-oi-Prolessional Agenda Item No. 8.9: Resolution No. 2013-40 adopted authorizing the City Manager to execute an agreement with the Central Valley Farmland Trust for the acquisition and  Capital Nursery Company.  the City and Capital Nursery Company.  passed by the following vote: Ayes: 5 Noes: 0.  through 2013146, and 2013148.  special meeting  Purchasing, filed through March 6, 2013.  Bids  development impact fee programs (Second Reading) Code Title 8 related to Animal Control (Second Reading)  COAGuGE-gOVeFPIAg-attoFReys  management of conservation easements  Elk Grove City Council Regular Meeting, March 13,2013 Page 50f17    Agenda Item No. 8.10: Resolution No. 2013-41 adopted 1) amending the Fiscal Year 2012-13 Budget and the 2012-17 Capital Improvement Program for the Elk Grove Creek Trail Crossing at State Route 99 Project; and 2) authorizing the City Manager to execute a construction contract with R&L Brosamer, Inc. for the Elk Grove Creek Trail Crossing at State Route 99 Project in the amount of $4,756,812 and authorizing the City Agenda Item No. 8.11: Resolution No. 2013-42 adopted approving Addendum 4 to the Grant Line Road Widening Project (East Stockton Boulevard to Waterman Road) Mitigated Negative Declaration and approving the proposed project as modified by the Agenda Item No. 8.12: Resolution No. 2013-43 adopted approving the application for grant funds from Section 190 Grade Separation funds for the Grant Line Road Widening Project (East Stockton Boulevard to Waterman Road) and authorizing the City Manager Agenda Item No. 8.13: Resolution No. 2013-44 adopted approving identified streets for speed control measures and directing staff to proceed with design and construction Note: Item 8.8 was considered separately from the Consent Calendar items.  Engineer to approve change orders not-to-exceed $237,841  Addendum  to act as the City's signatory for such grant  for the top ranked streets  Agenda Item No. 8.8: Adopt resolution authorizing the City Manager to execute a Consent to Representation Letter authorizing the law firm of Kronick, Moskovitz, Tiedemann & Girard's concurrent representation of the City of Elk Grove and Capital Nursery Company in relation to potential land use designation change and/or re-zoning of Capital Nursery's property, consistent with the California Rules of Professional Council Member Hume clarified that Mr. Hobbs was not asking to personally represent Capital Nursery Company, but that Capital Nursery Company was asking for another attorney within KMTG as their corporate attorney. Mr. Hume believed the suggested action under Item 8.8 was legal, and the conduct of KMTG would protect both clients, but he believed if the public held the view that there was an appearance of impropriety or conflict of interests, that the City should consider outside counsel to represent the Vice Mayor Detrick noted that the practice of concurrent representation was legal and City Attorney Jonathan Hobbs noted that such consent to representation had been granted by the City Council in the past. The matter was being brought forth in this manner to display that the request was in conformance with the rules of professional conduct, and legally permitted if authorized. He confirmed he would not be representing Capital Nursery Company in any capacity, that a partner at KMTG had been the general corporate counsel for Capital Nursery Company, and that partner would not be appearing before, nor taking action in any litigation, against the City. Mr. Hobbs stated there were roughly 60 attorneys at KMTG, and appropriate practices and safeguards  Conduct governing attorneys  City for any items relating to Capital Nursery Company.  often occurred in the government sector.  Elk Grove City Council Regular Meeting. March 13,2 2013 Page 6of17    were in place to maintain confidential client information and provide for concurrent Council Member Trigg expressed his confidence in the City Attorney and KMTG's practice of law, but agreed that if the matter created a perception of a conflict of interest Motion: M/S Detrick/Davis to adopt Resolution No. 2013-45 authorizing the City Manager to execute a Consent to Representation Letter authorizing the law firm of Kronick, Moskovitz, Tiedemann & Girard's concurrent representation of the City of Elk Grove and Capital Nursery Company in relation to potential land use designation change and/or re-zoning of Capital Nursery's property, consistent with the California Rules of Professional Conduct governing attorneys. The motion passed by the Note: By City Council Consensus, Item 10.2 was considered after the Consent  representation within the same firm.  int the eyes of the public that another option should be pursued.  following vote: Ayes: 3 Noes: 2 (Hume, Trigg). Calendar, prior to the Public Hearings.  Agenda Item No. 10.2: Professional Soccer Feasibility Study  RECOMMENDATION:  Receive the consultant's report regarding the viability and potential economic impacts of professional soccer in Elk Grove, discuss opportunities, and provide direction Laura Gill, City Manager, presented an overview of the staff report. In December 2011 authorization was given to negotiate with Northern California Soccer, LLC towards establishment of a professional soccer team in Elk Grove which would include a soccer stadium and other amenities that would follow with a soccer complex. The presentation was an overview of discussions and research over the past year, and staff sought direction from the City Council concerning identification of potential land sites for acquisition, determining the size and scope of facilities, and continuing negotiations with With the aid of an overhead presentation (filed), Assistant City Manager Rebecca Craig presented the feasibility study which evaluated if operating a Major League Soccer (MLS) or a North American Soccer League (NASL) team was feasible in the City. MLS currently had 19 teams, located in large cities across the nation with three teams in California. MLS attendance figures ranged from 11,000 to 38,000, with the average attendance at 17,000. Current MLS markets varied in population size from 1 million (Salt Lake City) to 19 million (New York), with the Sacramento region at the mid range of MLS markets at almost 3 million population, and noted a benefit that the Sacramento region had only one other professional sports team competing for local market share. Market characteristics aided in identifying existing populations that could support MLS, noting the demographic distribution of the region, companies in each market area per professional team, and a lead factor that the northern California region identified as the number one region in the entire country with state registrants for youth soccer. The report detailed the estimated MLS demand to determine activities that could occur, with MLS playing 18 home games with an average attendance of 15,000, and in combination  concerning potential land acquisition and negotiations  Northern California Soccer, LLC.  Elk Grove City Council Regular Meeting, March 13, 2013 Page 7of17    with other soccer related events and other hosted events such as concerts, an MLS stadium could conservatively generate over a half million total attendees annually. NASL had nine teams playing around the country, currently none on the west coast though talks were underway with other cities in California and adjoining states. Four MLS teams initially started at the NASL level and grew into MLS franchises. NASL attendance ranged from 2,000 to 11,000, with an average attendance of 3,700. Elk Grove would be in the middle range for market support, and a total annual attendance of1 169,000 was projected for a NASL stadium (the smaller stadium was expected to limit the variety of events that could be hosted). Estimated financial operations were projected for the MLS and NASL stadiums (for MLS at capacities of 18,000 and 15,000, and an 8,000 seat stadium for NASL), and each scenario displayed that annual revenues were projected to exceed operational expenses from the first year of operation forward. Ms. Craig noted the year one operational impact of direct spending and total output, including net present value of those impacts over 30 years for direct spending, With the aid of an overhead presentation (filed), City Manager Gill provided on overview of soccer tournament fields, noting Northern California Soccer, LLC had expressed interest to incorporate youth soccer tournament fields with the project. She noted soccer tournament facilities could meet identified local demand needs, would offer a venue attraction to host tournaments, provide facilities for other field sports, and when built in conjunction with a professional stadium could benefit from shared infrastructure investment and planning. She reviewed layouts of tournament facilities in Frisco, Texas and Overland Park, Kansas, facilities consisting of 12-17 fields, with combinations of synthetic and natural turf design, at total facility sizes of 96-117 acres (with the Frisco, Texas site including a 20,000 seat MLS stadium). She noted approximate construction costs per field type, additional activities that such facilities hosted including training camps, and attendance figures for annual tournament events held. Ms. Gill noted the year round weather conditions of Elk Grove would provide more flexibility in considering options of the type of field construction, and tournaments hosted in California would have the benefit of stable scheduling versus Midwest locations subject to severe Economic Development Coordinator Heather Neff continued the presentation providing af fiscal impact analysis evaluating costs and benefits to the City when taking part in construction of the stadium facilities. The fiscal impact utilized the program WebLOCI, designed for local jurisdictions, to calculate the overall value of a project to a government entity in terms of impacts to the jurisdiction's budget. The analysis included base assumptions that the City would entirely fund the stadium cost, and that the operator or the team owner would entirely fund the franchise fee for the professional team. Two options were evaluated for financing the project, one with General Obligation Bonds, and the other with Lease Revenue Bonds. The fiscal impact projected an annual deficit of $3.9 million using General Obligation Bonds, ranging up to an annual deficit of Assistant City Manager Craig clarified that General Obligation Bonds would need to be taken to a vote of the residents to pass the issuance of the bonds, and upon approval would hold the full faith and backing of the taxpayers and would receive a better bond market rate. Lease Revenue Bonds were issuances of an agency, often secured with  direct and indirect jobs, and personal earnings.  weather conditions.  $5.4 million using Lease Revenue Bonds.  Elk Grove City Council Regular Meeting. March 13,2013 Page 8of17    other financing sources, and since these other sources were not taxpayer based, the bonds would have a higher interest rate. General Obligation Bonds took longer to issue as they required sequencing with an election for voter approval. State law permitted use of Lease Revenue Bonds for local entities, but Lease Revenue Bonds held more risk Ms. Neff noted the projected deficits of the fiscal analysis were primarily composed of the debt service payments based on the type of bond issuance to cover the costs of construction for the stadium. New annual tax revenues resulting from the construction of the stadium were projected in the calculations as well, and the model did not include any youth soccer tournament field facilities (noting the fiscal impact results for a 12-field youth soccer tournament complex saw annual expenditures roughly equal to new annual revenues). The projected deficits were recommended to be addressed as part of the negotiations with the operator andlor franchise owner on terms such as facility naming rights, payments from the operator of the stadium, andlor ticket and parking surcharges. Ms. Neff noted the model was calculated over a 20 year repayment plan Assistant City Manager Craig noted that if a franchise was secured it would then take approximately three years to have the stadium ready for occupancy (to secure the land, conduct environmental review, and design and build the stadium). The youth tournament facilities could be pursued concurrently and built independently and would  and therefore a higher interest rate.  schedule, generally a bond issuance would utilize a 30 year timeframe.  likely be completed within two years. PUBLIC COMMENT:  Allenya Kirby opposed the proposal to build a soccer stadium. She believed the City priority should be maintaining what was already developed, and did not believe a soccer Lynn Wheat submitted comments (filed) believing the prospect of attracting a professional sports team and constructing a stadium should have been included in recent budget meetings, noting documents were dated a few years old but were only released recently. She reviewed the annual attendance numbers for both MLS and NASL noting more than half the attendance revenues were from venues other than soccer events, and she inquired if such other events had been evaluated as reliable Inr reply to Ms. Wheat inquiring about land acquisition costs in the staff report, City Manager Gill noted the $4 million cost in the feasibility study was solely for the professional stadium, the $9.6 million figure in the staff report included acquisition of land for the youth soccer tournament fields which were not included in the stadium Tom Waltman believed the feasibility analysis should be evaluated in comparison with actual operations of stadiums and arenas of professional teams in the area, noting many such venues in the area face complications when trying to bring in alternative music and performance events. He questioned how the debt service for a stadium would affect delivery of other projects, such as those at the Civic Center site.  stadium would revitalize reinvestment in the vacant mall.  sources to sustain a 30 year bond issuançe.  analysis.  Elk Grove City Council Regular Meeting, March 13,2013 Page 9of17    Mr. Waltman cautioned that taking on a large amount of debt would equate to higher taxes for citizens, and if the fiscal impact projections were inaccurate it could result in Debra Carlton, President of the Elk Grove Youth Soccer League, voiced support for the stadium and tournament complex proposal, noting there were over 6,000 players in Elk youth soccer programs, with 75 competitive teams playing year-round and another 400 recreational teams. She stated that currently there was a shortage of fields for program needs, and cited benefits having added amenities, job and revenue growth, and promoting healthy lifestyle choices. Ms. Carlton noted the local league coordinated with the state organization to bring tournaments to northern California, and with the proposed facilities, Elk Grove would become a destination for such tournament events. Cesar Plasencia supported the stadium and tournament complex proposal, stating soccer participation had grown significantly in the last three years, and four to five soccer tournaments were currently hosted in Elk Grove per year, though it was difficult William Newson recounted his experience with tournament events and traveling teams, noting local leagues participated in approximately seven out of town tournaments every year, with each individual team spending an average of $7,000 at the destination Trent Slagle supported the stadium and tournament complex proposal, he believed the project would bring benefits of increased local sport club practice space, tournament facilities that could attract visiting teams, and possibilities to host youth academies and Pablo Espinoza supported the stadium and tournament complex proposal, and supported the investment of public financing to bring the project to fruition. Jeff Owen suggested pursuing the youth sports tournament complex separately in the near term, and taking more time to evaluate a professional team and accompanying larger scale stadium proposal. He believed the youth sports complex should not just be limited to soccer, but look for opportunities to serve other uses, and to link City, local agency, and local business goals and policies, such as working towards curbing youth obesity and promoting active and healthy lifestyle choices. Mr. Owen noted examples of recent stadiums initially built at a smaller scale, but designed to be expanded if a Michael Monasky believed planning of the Southeast Policy Area should be finalized instead of considering policy exemptions to advance the stadium project. He believed it was poor planning to locate the stadium in the Southeast Policy Area and would create problems of traffic congestion. He felt the fiscal impact analysis should have been presented earlier, and he believed there were discrepancies in the amounts and costs reported. Mr. Monasky noted that more than half the events cited in the report were for other events the stadium would not be built for, and felt that instead of a professional stadium that the express needs for youth tournament facilities should be addressed.  municipal bankruptcy.  toi identify adequate facilities.  communities over the course of a weekend tournament.  sports camps.  larger franchise located at the facility.  Elk Grove City Council Regular Meeting. March 13, 2013 Page 10of17    Fabian Nunez, representing Northern California Soccer, LLC, acknowledged the continuing discussions with the City over the past two years and the desire to negotiate terms to meet costs to ensure repayment of any proposed debt financing. He believed a MLS team would be a good fit for the entire northern California region, and believed the report presented conservative estimates on activities and events that could be hosted at the stadium. Mr. Nunez believed a stadium would spur additional economic development benefits, such as hotels that would be needed to accommodate attendees, Dick Hyde, representing Northern California Soccer, LLC, noted the company's commitment to creating successful public private partnerships, and ensuring a transparent process in the formation of an agreement and a fully vetted transaction for Vice Mayor Detrick believed there was potential in the opportunity to bring a professional sports franchise to the City, and he felt the presented revenue estimates were conservative. He stated he would support an agreement that was fiscally responsible, at the least revenue neutral for the City. He noted if a franchise could not be secured or stadium built, to evaluate completing a youth tournament complex Council Member Cooper recounted his site visit to the soccer stadium and tournament facilities in Frisco, Texas, noting not only the impressive quality of those facilities, but also the ancillary facilities surrounding the site including a baseball stadium, a sizeable indoor sports facility, and surrounding commercial and entertainment amenities. He believed the proposed facilities would be supported, noting the local support for youth athletics and sports programs, and regional support in that numerous event venues had closed. The feasibility study for the stadium and facilities showed support by the region, he believed the draw would go further south beyond San Joaquin County and would Council Member Trigg supported providing adequate facilities for youth sports teams to compete. He raised concern of incurring debt as a means to finance facilities, noting he would want to see the cost burden of any proposed debt as it related to each resident. He believed any facilities considered should accommodate multiple uses and be designed to serve the broadest audience. Mr. Trigg emphasized his concerns over increasing taxes and/or taking on bond indebtedness, noting the impact of debt on the Council Member Hume supported building the youth tournament complex immediately as it was projected as a revenue neutral project, and continue negotiations and land identification for the stadium project. He believed the stadium concept should be approached with keeping the size of the facility feasible, and to plan to expand as needed. He noted the analysis displayed the stadium project was viable when no debt was tied to the team or stadium operations, equating that the debt would be incurred on the public. He felt negotiations should secure stadium revenues of sufficient level to pay any incurred debt service. Mr. Hume noted he wanted to review the discussion on the Southeast Policy Area prior to this item as he believed the stadium project assumed a  which he looked forward to discussing in ongoing negotiations.  review and approval by the City and its citizens.  separately.  bring visitors from the surrounding central valley counties.  ability to pursue other priority projects of the City.  Elk Grove City Council Regular Meeting, March 13,2013 Page 11of17    location and particular size that he didn't think was necessary and that the project size Vice Mayor Detrick believed the initial site needs were underestimated, and at this stage the City should look at identifying additional land for other sports facilities in addition to the proposed soccer facilities to create a centralized area of sport amenity offerings. Mayor Davis believed the revenue estimates were conservative, and the stadium would also serve as a catalyst for economic growth. He noted the positive results of the Sacramento region to support a franchise, noting the region was the lowest served for franchises, and agreed that attendees would likely come from the central valley as well. Mr. Davis supported balancing debt service through negotiations to share in the Motion: M/S Cooper/Detrick providing direction for staff to: 1) identify up to 120 contiguous acres to consider purchasing for an Elk Grove Sports Complex ("Complex") which could include privately and/or publicly-financed fields, facilities and amenities for a variety of professional and amateur sports, and once a potential site was identified, negotiations with land owners would return return for Council's consideration in a closed session meeting, 2) continue supporting Northern California Soccer, LLC in procuring a professional soccer franchise and discuss interim facility options with the Elk Grove Unified School District and Cosumnes River College, and 3) assess the community's interest in developing the Complex, including any public financing of an 8,000-18,000 seat soccer stadium, parking, and other facilities, including consultation with the Cosumnes Community Services District. The motion passed by the following vote:  could be scaled back.  revenue stream from the users of the facilities.  Ayes: 5 Noes: 0. PUBLIC HEARINGS  Agenda Item No. 9.1: A public hearing to consider an amendment to General Plan  Policy LU-32 (Southeast Policy Area) RECOMMENDATION:  The Planning Commission recommends (5-0): Adopt resolution finding the proposed amendment to the General Plan exempt from the California Environmental Quality Act (CEQA), and adopting the proposed amendment to General Plan Policy LU-32 for the With the aid of an overhead presentation (filed), Christopher Jordan, Planning Manager, presented an overview of the staff report and recommendation. The Southeast Policy Area was addressed under General Plan Policy LU-32, requiring master planning of the 1,200 acres of the Southeast Policy Area prior to any subsequent development. In July 2012 staff reçeived direction to begin the process of master planning, to streamline opportunities for major projects, and define major projects and identify how to make them eligible for approval prior to having a master plan in place. Staff recommended replacing the text and graphic of General Plan Policy LU-32 in full, and adopting new language that would continue to require master planning, define master planning, and provide exemption language for qualifying major projects of a minimum of 100 acres.  Southeast Policy Area.  Elk Grove City Council Regular Meeting, March 13,2013 Page 12of17    Mr. Jordan noted the language provided the opportunity to approve a project, any such  project would still require discretionary action by the City Council.  PUBLIC COMMENT:  Lynn Wheat stated her disappointment that after attending public meetings on the Southeast Policy Area for the past two years there had been no discussion of locating a professional soccer stadium in the plan area. She believed incorporating flexibility with exemptions in such plan documents created arbitrary discretion in the decision making process and diminished the role and participation of the public in the planning process. Ms. Wheat believed if planning documents were not adhered to, investors would push growth and exemptions from plans and the end result would be suburban sprawl. Michael Monasky believed the action requested created waivers bypassing requirements of the California Environmental Quality Act (CEQA) to move a project such as a professional soccer stadium forward. He believed other areas such as infill development or foreclosed properties should be the focus of development and to leave Tom Waltman did not agree that a professional sports stadium would incentivize completion of the regional mall, only the construction of more residential units would bring the mal! closer to consideration by investors. He believed the Southeast Policy City Attorney Jonathan Hobbs clarified, in response to public comments made regarding environmental review, that the current action of the item exempt from environmental review was a General Plan amendment that set rules for future land use, it was not a project as it did not propose to build anything. If and when the City Council decided to go forward with an actual project, such a project would be subject to CEQA, and a project such as a stadium would certainly require an Environmental Impact Report. Council Member Hume believed the minimum threshold should be placed at 75 acres if the City wanted to have the ability to initiate the youth tournament soccer complex. Motion: M/S Hume/Detrick to adopt Resolution No. 2013-46 finding the proposed amendment to the General Plan exempt from the California Environmental Quality Act (CEQA), and adopting the proposed amendment to General Plan Policy LU-32 for the Southeast Policy Area as amended to reduce the minimum acreage size of a project from 100 acres to 75 acres to qualify for consideration to be waived from the requirement of the preparation of the SEPA master plan. The motion passed by the  open space and prime agricultural resources alone.  Area should focus on building businesses, not a stadium.  following vote: Ayes: 5; Noes: 0.  REGULAR AGENDA ACTIONITEMS/RECOMMENDATIONS  Agenda Item No. 10.1: Review the draft Guiding Principles, draft Illustrative Land Use Plan, and corresponding draft Land Development Assumptions and provide direction on these draft materials as the basis for continued master planning of the Southeast Policy  Area  Elk Grove City Council Regular Meeting. March 13,2013 Page 13of17    RECOMMENDATION:  Review the draft Guiding Principles, draft Illustrative Land Use Plan, and corresponding draft Land Development Assumptions and provide direction on these draft materials as With the aid of an overhead presentation (filed), Christopher Jordan, Planning Manager, presented an overview of the staff report and recommendation. Recent activity regarding the Southeast Policy Area included the issue investigation phase and check- in with area land owners on their views on land use. Initial feedback was received from partner agencies on water, sewer, and schools. The Planning Commission held two workshops reviewing how the land area corresponded to Laguna Ridge and how community visioning affected the area. The primary objective for the Southeast Policy Area was to improve the jobs to housing ratio of the City, noting recommended professional standards for a jobs to housing ratio ranged from 1.3 - 1.7 : 1, the City currently had a ratio of 0.58 : 1, and projections of current existing land use did not improve that ratio at build out. The Planning Commission recommendations maximized job uses to work towards a balance in the jobs to housing ratio, starting with a plan area vision statement to focus on job opportunities, and identifying 455 of the total 1,200 acres as designated for a variety of office or industrial job usage. Mr. Jordan reviewed the draft Hlustrative Land Use Plan, noting varying residential areas and densities were proposed, the highest density focused on the Village Center concept. Job uses were centered on the Kammerer Road corridor to take advantage of the regional connector project. The northeast corner at the future Whitelock Interchange incorporated an overlay for a sports complex entertainment area, noting if a sports use did not occur, there would exist underlying land use designations as development options. The west end of the plan area created transition areas from uses in Laguna Ridge, including variations of residential uses such as estate residential. The plan sought to smooth the Shed C Channel. At build out, the plan would provide for 4,000 dwelling units (with 1,100 higher density dwellings), a population of 15,000, and an employment population at 27,000. This would generate a jobs to housing ratio of 6.53 : 1 in the Southeast Policy Plan Area, and when factored with the balance of the City's land use plan created an overall jobs to housing ratio of 0.90: : 1. The higher density dwellings would account for 35% of the City's Regional Housing Needs Allocation for very low and low income households, there would be a need for 75 acres of parkland, and staff continued work with the Elk Grove Unified School District noting three elementary school sites would need to be identified in the plan area. With approval of the draft documents completed to date, staff would commence creating the plan, complete engineering studies, and move towards environmental analysis. Mr. Jordan reviewed requests submitted by property owners: 1) the Shergill property located on northwest corner of the future Big Horn Boulevard extension and Kammerer Road requested the entire 30 acre property be Commercial, the Planning Commission desired to keep the community core focused for commercial and did not want to over program commercial uses, sO the current recommendation had 10 acres Commercial and 20 acres Office; 2) the Bayless property which was included in the Office / Sports Complex overlay identified a concern that the area was not a best location for office uses as it was not as visible from the highway as other properties in the area; 3) the Krull Family property requested increased residential use, the current recommendation was for Office on the east under the overlay, and the current Medium Density Residential (MDR) / Low Density Residential (LDR) mix was intended as a transition buffer; 4) the Mendes property on the southwest corner of Bilby  the basis for continued master planning of the Southeast Policy Area.  Elk Grove City Council Regular Meeting. March 13,2013 Page 14of17    Road and future Big Horn Boulevard extension requested increased residential uses and raised concerns on the alignment of Shed C Channel on the property; 5) the Los Rios Community College District owned property along Poppy Ridge Road and requested removal of the elementary school designation from the draft plan; and 6) the Peschel property on Kammerer Road currently designated for Light Industrial/Flex Space requested to have Commercial or multifamily residential, and raised concern of Council Member Hume observed the correct amount of estate residential acreage identified for the Southeast Policy Area was 45 acres, as opposed to the 180 acres  limited access to the site due to the Connector Project.  listed on page 9 of the staff report. PUBLIC COMMENT:  Vidya Shergill requested the full 30 acres of her property be designated Commercial, Lynn Wheat requested transportation be a focus for the Southeast Policy Area. She noted from workshops that soccer fields for young people were discussed, but not a stadium at the size and scope for a professional sports team. She felt the Commercial land use designation had a broad array of allowed uses, and to take that into consideration on how adjacent properties would be affected by a Commercial property. Ms. Wheat believed discussions would continue with landowners and developers and the draft plan would likely be revised, and requested that continuing discussions and any proposed changes of the Southeast Policy Area remain in the public forum. Bruce Walters, representing land owners in the plan area, expressed interest in continuing the process and to define major aspects of the plan area such as the Kammerer Road and drainage corridor alignments. He noted the Illustrative Land Use Plan was a draft, and as discussions continued requested the City to be amenable to making adjustments working towards the final plan. In reply to Council Member Hume, Mr. Walters stated the parties he represented would be interested in expanding the estate residential designations on properties owned in the southwest area of the plan. Gerry Kamilos stressed the importance to develop the infrastructure for the Southeast Policy Area. He voiced support of the plan to provide a balance of community and job creation, the amenity of the Village Center, and the variety of travel modes accommodated in the plan. Mr. Kamilos requested continuing City support of fostering Michelle Smira, representing the Krull family, stated her clients' preference for Doug Bayless believed the current designation of Office on properties in the Sports Complex Overlay area surrounded on three sides by proposed residential uses should all be designated as residential, leaving the Office designation for those properties  providing for maximum flexibility in development of the property.  a jobs oriented development for the Southeast Policy Area.  increasing the amount of their land designated Low Density Residential.  adjacent to State Route 99.  Elk Grove City Council Regular Meeting, March 13,2013 Page 15of17    Ken Noack, Jr. supported moving the plan forward and requested flexibility in the planning of three components: 1) consider alternative final routing of the light rail line in relation to the village center, 2) designate the property as Commercial at the northwest corner of Big Horn Boulevard and Kammerer Road to provide a maximum amount of flexibility, and 3) consider moving the High and Medium Density Residential designations at the southeast corner of Bilby Road and Bruceville Road closer to the Mark Doty voiced appreciation for the trail connections provided, noting the Sterling Meadows development provided for no connections through to the mall area. Mr. Doty supported inclusion of more off-street trails and schools being located close to trails. Michael Monasky believed the Southeast Policy Area planning process was being directed by owner and developer interests. He did not believe a community core was developed under the plan, and suggested the City contact representatives of the Council Member Hume preferred to see more estate residential, and for sites of Low Density Residential to allow up to six units per acre but remove RD-7 products. He agreed with statements to consider movement of the light rail alignment to not bisect the village center, suggesting incorporating the line with the waterfront walkway area, including a trail pathway running in tandem with the light rail line. He suggested meeting the Krull and Bayless property owners' requests by creating a residential overlay for the sports complex and altering their property land uses from Office to variations of residential uses. Mr. Hume noted the plan called out for a sewer study and Vice Mayor Detrick voiced his preference for RD-5 or lower products in Low Density Residential zones. Mr. Detrick inquired as to what the difference between the kind of uses could be built on a 10-acre versus a 20-acre Commercial property. He believed a bigger Commercial product better served local residents, but would not want a larger Commercial project to be detrimental to what would be offered at the mall. Economic Development Director Randy Starbuck noted the Southeast Policy Area was designed to drive general commercial to the mall, but described various Commercial Council Member Cooper raised concern over the amount of high density land use, believing Elk Grove lead the region with affordable housing projects and high density zoned uses, and that the City needed to evaluate long term care of existing multifamily Mayor Davis viewed that the residential units that would be built in Laguna Ridge would accompany and benefit build-out of the Southeast Policy Area. He appreciated the aggressive plan to provide job centers, noting efforts would continue beyond allocating land for use and would continue to attract businesses into the area. Mr. Davis believed more office space could be accommodated in the plan and less residential. He appreciated creating the canal area as an amenity, and incorporating the multiple modes of transit. He believed for the Shergill property request to increase commercial  light rail alignment and consider designating those spaces as Office.  California Strategic Growth Council to aid in design of the area.  cautioned that the process not compromise existing infrastructure.  uses that would be oriented towards serving neighboring residents.  units before moving forward on additional projects.  Elk Grove City Council Regular Meeting, March 13,2013 Page 16of17    but make it serve neighborhood uses, noting complaints he has heard citywide of not there not being enough interior serving gas stations. Mr. Davis disagreed with creating more residential uses in the area of the soccer overlay, and if a sports complex did not come to fruition, he believed it would change the dynamic of the entire plan area and he voiced his preference to see the underlying zoning in the overlay area as an Mr. Jordan reviewed direction from the City Council on property owner requests: Increase the amount of estate residential east of Bruceville Road;  employment center.  For the Shergill property, increasing the Commercial land use to 15 acres, shifting the area along the frontage of the future extension of Big Horn Boulevard, seeking use as a neighborhood center as opposed to a power commercial center, and designating the remainder of the property to match the adjacent use For the Bayless and Krull properties to use a different underlying land use designation by removing the Office designation, shifting Medium and High Density Residential uses to the northern and eastern sides, and infilling Low For the Los Rios request, to shift the elementary school and all Medium and High Density Residential uses to the east, and replace 10 acres of Office at the For the Peschel property, by consensus, the City Council gave direction to keep the land use designations as presented in the draft llustrative Land Use Plan; For light rail to consider moving the line alignment sO as to not disrupt the town center or channel /water feature environments, prioritizing that movement of the  tot the west as Light Industrial /F Flex Space;  Density Residential up to the northern higher density uses; southeast corner of Big Horn Boulevard and Poppy Ridge Road;  line did not compromise funding eligibility  Note: Item 10.2 was considered after the Consent Calendar, prior to the Public  Hearings.  AgendalleNo.102 PIP:8910A3-S0CP8F8a8B-yStuey  ADJOURNMENT  With no additional business to conduct, the March 13, 2013 regular City Council  meeting was adjourned at 10:28 p.m.  AR JASON LINDGRENerTY CLERK  ATTEST:  MAYOR  Elk Grove Council City Regular Meeting, March 13, 2013 Page 17of17  CS