CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, January 23, 2013  REGULAR MEETING  CALL TOORDER/ROLL CALL  Mayor Davis called the regular City Council meeting of January 23, 2013 to order at  6:07 p.m. Present: Absent:  Mayor Davis, Vice Mayor Detrick, and Council Members Cooper and  Hume. None.  Council Member Cooper led the Pledge of Allegiance. Mayor Davis asked that a moment of silence be observed.  SPECIAL ACTION ITEM: Consider appointment or amend the budget and call a  special election for the currently vacant District 4 Council Member seat  RECOMMENDATION Council Member seat.  Consider appointment or calling a special election for the currently vacant District 4 Mayor Davis noted the item was continued discussion from the meeting of January 9,  2013, and proceeded to receive public comment on the matter.  PUBLIC COMMENT:  Tom Funk encouraged an appointment to avoid the cost of a stand-alone special election. Mr. Funk provided examples of equivalent costs from the budget as a comparison of the effect of expending the half million int funds for a special election. LaWanna Montgomery stated she had contaçted each council member with a recommendation to call a special election. She believed the appointment process had failed and was a waste of the candidates' time as it appeared council members had already decided on particular candidates. Ms. Montgomery believed if the matter was previously settled, a decision should have been made in December to make the  appointment instead of conducting an application process.  Alexis Montgomery voiced support for candidate LaWanna Montgomery.  Don Wallace voiced support for candidate Oscar O'con.  The District 4 City Council seat was vacant att this time pending appointment ors special election to fill the vacancy, resulting in  only four (4) available votes fora all Council actions.  Elk Grove City Council Regular Meeting, January: 23,2013 Page 1of1 16    Chris Orrock opposed spending funds on a special election, and encouraged utilization Lou Zimmerle supported an appointment, suggesting candidates take a pledge not to run in the next election cycle if appointed. Mr. Zimmerle suggested taking the time needed to consider an appointment, as he believed there existed flexibility in the Mayor Davis clarified to Mr. Zimmerle that each candidate was asked if they intended to run for the elected seat in the 2014 election during the January 9, 2013 meeting Patrick O'Conner opposed expending funds for a special election. He cited the successive tie votes conducted at the January 9 meeting were indicative of a continuing stalemate on an appointment decision by the City Council. He proposed use of rank choice voting, but with a modification to remove the possibility of a tie by utlizing successive run-off vote tabulations, and assigning different priority point values for each Orlando Fuentes and Andres Ramos voiced support for candidate Nancy Chaires. Mr. Ramos believed the City Council should make an appointment from the pool of Danielle Owen observed that the split vote to date of the City Council on the appointment could be indicative of tie votes on future issues. She encouraged members of the City Council to advocate for their candidate of choice, but be open to Jeff Owen addressed the appointment process and the candidates, believing the politics of making the appointment superseded evaluating which candidate was best suited to hold the position. He opposed going to a special election, noting special elections had low voter turn-out, and rather than a condensed campaign and outreach timeframe, allow interested candidates for the seat to target the 2014 election cycle. Mr. Owen encouraged the City Council to make an appointment based on the merits of an Lynn Wheat believed a point ranking system should be utilized to determine the Mayor Davis summarized the appointment process to date: applications were received at the beginning of January, a candidate forum hosted by the League of Women voters provided an opportunity for the public to listen to statements and ask questions of the candidates, at the meeting of January 9 each candidate made statements and responded to questions of the City Council, and public comment was received. The City Council was not able to reach a consensus at the meeting of January 9, and the matter The District 4 City Council seat was vacant at this time pending appointment or speciale election. to fill the vacancy, resulting in only  of ranked choice voting.  process, including consideration to expand the candidate pool.  discussions.  subsequent run-off vote.  candidates that had gone through the application process.  compromise to come to a consensus for the appointment.  individual, and voiced support for candidate Ed Busuttil.  appointment.  was continued for consideration to this meeting date.  four (4) available votes for all Council actions.  Elk Grove City Council Regular Meeting, January 23, 2013 Page 2of1 16    Vice Mayor Detrick stated he had continued his outreach to each of the candidates since the last meeting. He believed the City Council had agreed to an application format for the appointment to foster a fair and impartial process, but believed the process had failed. He found the process on appointment to date had received public input from from less than half of one percent of voters from Elk Grove, which he did not believe was enough information to justify making an appointment to an elected seat. He opposed committing the City to the cost of a stand-alone special election, and voiced support for candidate Ed Busuttil. Mr. Detrick believed Mr. Busuttil would not run for office in 2014, and other interested candidates would each have an equal opportunity to Mayor Davis stated the appointment process was defined and permitted by statute, and he did not want to expend the funds to hold a special election. He stated he evaluated the candidates on the criteria of their values, connection to the community, experience, vision for the City, ideas they promote, and their ability to build a broad based coalition Council Member Hume stated that he held Ms. Chaires in high regard, but he believed other parties had attempted to exert influence and as a result had tainted the appointment process. He believed editorial articles in the news had discounted appliçants up for consideration, and had incorrectly categorized the appointment as a choice between two candidates. Mr. Hume believed that as candidate LaWanna Montgomery had run for office in prior elections, but to date not been elected, that appointing her would circumvent what the electorate had decided to date. He stated candidate David Conner held many business oriented strengths. Mr. Hume supported the nomination of candidate Ed Busuttil, and expressed interest in the modified ranked choice voting process proposed under public comment by Mr. O'Connor. Council Member Cooper felt that the perception that a decision was preordained by external parties was not justification to remove a candidate from consideration. He observed that in the past election cycle appointed incumbents lost their respective races inj jurisdictions serving Elk Grove. He stated that throughout his career he would watch for prospective candidates for recruitment, and would encourage such candidates to apply for opportunities that arose. He voiced support for candidate Nancy Chaires, noting she was supported by the community, and cited her experience on the Planning Commission. He did not believe it was fair nor legal to place restrictions on any appointee from running in future elections, and believed a candidate desiring to be a council member was needed, not just an appointee to hold the position until the next election. Mr. Cooper believed a candidate should be selected from the process Mayor Davis cited that local Elk Grove agencies had utilized the appointment process successfully in numerous instançes. He disagreed with arguments on the process, noting endorsements of candidates by external parties were made all the time.  start campaigning for the elected seat in 2014.  of support. Mr. Davis voiced support for candidate Nancy Chaires.  followed to date.  The District 4 City Council seat was vacant at this time pending appointment or special election to fill the vacancy, resulting in only  four (4) available votes for all Council actions.  Elk Grove City Council Regular Meeting, January: 23,2 2013 Page 30 of1 16    Motion: M/S Detrick/Hume to adopt resolution appointing Edward Bussutil as the District 4 Council Member. The motion FAILED by the following vote: Ayes: 2;  Noes: 2 (Davis, Cooper).  Council Member Hume suggested an alternative to go outside of the application process to date, noting an editorial news article recommended appointing Robert Trigg, former Superintendent of the Elk Grove Unified School District. He had contacted Mr. Trigg who responded he was willing to take the position for the remainder of the term. Mr. Hume noted the City Attorney had confirmed that the City Council had discretion to consider any potential candidate for the appointment, as long as the Council Member Cooper did not agree with having a new candidate put forward for consideration who had not been a part of the application process to date. Mayor Davis had noted the suggestion in the editorial column, and with concern of the ability of the City Council to make an appointment, he had contacted Mr. Trigg. He stated Mr. Trigg resided in District 4, that Mr. Trigg's career as a public servant positioned him well as a candidate to hold the office, that Mr. Trigg was willing to serve only for the remainder of the term and not seek re-election, and that he had stated he would only take the seat if the City Council was not able to decide on an appointment. Mr. Davis believed that as the City Council could not settle on an appointment amongst the applicants, that the appointment of Mr. Trigg would avoid the costs of calling a special election, and would allow interested candidates to pursue the seat in the 2014 Motion: M/S Hume/Davis to adopt Resolution No. 2013-8 appointing Robert Trigg as the District 4 Council Member. The motion passed by the following vote: Ayes: 3; Council Member Cooper believed the process voted on by the City Council in November for the appointment should have been followed, and the introduction of the new candidate tonight, after the appointment process, excluded public participation and  candidate met the requirements to hold office.  election cycle.  Noes: 1 (Cooper).  input.  APPROVAL OF AGENDA  Motion: M/S Hume/Detrick to hear Item 10.1 prior to the public hearings of Section 9 and approve the remainder of the agenda as presented. The motion passed by the  following vote*: Ayes: 4; Noes: 0.  CLOSED SESSION None.  The District 4 City Council seat was vacant at this time pending appointment or special election to fill the vacancy, resulting in only  four (4) avallable votes for all Council actions.  Elk Grove City Council Regular Meeting, January 23, 2013 Page 40f16    PRESENTATIONS/ANNOUNCEMENTS  None.  PUBLIC COMMENT  Anthony Cooper addressed a petition for speed control measures on Jade Creek Way. He believed such requests should be evaluated on a case by case basis, stating the petition was denied for consideration because the street did not generate an average daily traffic load of over 500 cars. Mr. Cooper requested the petition be reconsidered, and noted street lighting on Jade Creek Way required improvement as well. Public Works Director Shepard confirmed the petition had been denied as Jade Creek Way did not generate enough traffic to meet the program guidelines.  GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the January 23, 2013 Administrative Report (filed).  COUNCIL COMMENTS/REPORTS/FUTURE AGENDAI ITEMS  Vice Mayor Detrick attended the Elk Grove Chamber of Commerce installation dinner, the North State Building Industry Association installation banquet, and the opening of a Council Member Hume attended Sacramento Regional County Sanitation Board of Directors meeting and reported the fee update was proceeding, and a contract was  senior living facility.  awarded for the first phase of design of the wastewater treatment plant.  Council Member Cooper had no items to report.  Mayor Davis stated discussions by the Sacramento Area Council of Governments focused on shared services in the region to leverage resources and find means to reduce costs. Mr. Davis received consensus from the City Council to discuss  regulations regarding mechanized signs. CONSENT CALENDARITEMS PUBLIC COMMENT None.  Motion: M/S Detrick/Hume to approve the Consent Calendar as presented. The Agenda Item No. 8.1: Approved City Council Meeting Minutes of November 14, 2012  motion passed by the following vote*: Ayes: 4; Noes: 0.  special meeting.  The District 4 City Council seat was vacant att this time pending appointment or special election to fill the vacancy, resulting in only  four (4) available votes for all Councila actions.  Elk Grove City Council Regular Meeting, January: 23,2013 Page 5 of 16    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: Resolution No. 2013-9 adopted accepting determinations of City Engineer finding three of the Civic Center Aquatics Complex Request for Agenda Item No. 8.5: Resolution No. 2013-10 adopted authorizing the City Manager to submit the necessary documents to the U.S. Department of Justice Drug Enforcement Administration to apply for grant funding for marijuana eradication and amend the Police Department's Fiscal Year 2012-13 budget to appropriate grant funds Agenda Item No. 8.6: Resolution No. 2013-11 adopted authorizing the City Manager to submit the necessary documents to the California Office of Traffic Safety to apply for grant funding for concentrated traffic enforcement strategies and amend the Police Department's Fiscal Year 2013-14 budget to appropriate grant funds up to the amount Agenda Item No. 8.7: Resolution No. 2013-12 adopted approving amendments to the Loan Agreement and Regulatory Agreement for the Ridge Apartments to allow two unrestricted employee units, contingent on California Tax Credit Allocation Committee approval, and authorize the City Manager to complete the necessary amendments to Agenda Item No. 8.8: Resolution No. 2013-13 adopted authorizing the City Manager to execute a consultant contract amendment with EBA Engineering for the Special Waste Collection Center Project in the amount of $36,870 [for a not-to-exceed total Agenda Item No. 8.9: Resolution No. 2013-14 adopted authorizing the City Manager to submit a grant application to the Department of Resources Recycling and Recovery (CalRecycle) for a Local Government Waste Tire Amnesty Grant Program Agenda Item No. 8.10: Resolution No. 2013-15 adopted finding the Waterman Road Accessibility Improvements Project exempt from environmental review under the California Environmental Quality Act; authorizing the City Manager to execute a construction contract with Sierra National Construction, Inc. for the 9716 Waterman Road Accessibility Improvements Project in the amount of $91,544, authorizing the City Engineer to approve change orders not-to-exceed $13,732, authorizing the City Manager to execute a construction contract with the second lowest bidder if Sierra National Construction, Inc. does not meet filing obligations, and amending the Fiscal The District 4 City Council seat was vacant att this time pending appointment or speciale election toi fillt the vacancy, resulting in only  Purchasing, filed through January 16, 2013.  Bids  Qualifications (RFQ) responses as qualified  up to the amount of $50,000 if application is selected for funding  of $232,500 if application is selected for funding  loan documents to effectuate the change  compensation amount of $505,620]  four (4) avaitable votes for all Councila actions.  Elk Grove City Council Regular Meeting, January 23. 2013 Page 6of16    Years 2012-17 Capital Improvement Program and the Fiscal Year 2012-13 Budget by Agenda Item No. 8.11: Resolution No. 2013-16 adopted amending the Fiscal Years 2012-17 Capital Improvement Program; and authorizing the City Manager to enter into a grant agreement with the State of California and any amendments thereto, for the project entitled Assessing the Use of Dry Wells as an Integrated Low Impact Development (LID) Tool for Reducing Stormwater Runoff while Protecting Groundwater Note: Item 10.1 was heard prior to the public hearings as noted during approval of the Agenda Item No. 10.1: Consider resolution endorsing the Next Economy Regional  $83,425  Quality in Urban Watersheds  agenda.  Prosperity Plan RECOMMENDATION:  Adopt resolution endorsing the Next Economy Regional Prosperity Plan, which includes strategies to create jobs and economic health across the Capital region (Sacramento, Randy Starbuck, Economic Development Director provided an overview of the staff report, and introduced Barbara Hayes, President and Chief Executive Officer of the Ms. Hayes provided an overview of the Next Economy Regional Prosperity Plan, initiated 18 months ago by a group of Sacramento regional business leaders looking to improve the employment environment and better position the region to take advantage of opportunities that would arise as the economy improved. The Next Economy Regional Prosperity Plan sought the highest business efficiency by promoting that the entire region work together around five core principles: 1) growing and supporting innovation in the region, 2) creating opportunity for employment and investment, 3) diversifying the regional economy, 4) building on the employee talent base, and 5)i improving the business climate. SACTO focused on regional development and attracting and retaining businesses. She believed the regulatory environment of the state was an impediment to promote a business climate, but the attraction of the quality of life amenities of the state was an asset. The Next Economy Regional Prosperity Plan was formed through outreach and input from local jurisdictions, private businesses, and regional organizations. Work to date had produced an implementation plan, and it was SACTO's objective that regional jurisdictions and organizations would draw on the plan guidelines, placing the region together under a unified front promoting business growth. The overall goal was to promote job growth and improve the regional economy. Ms. Hayes stated Elk Grove would be the fifth jurisdiction in this region to take action in  El Dorado, Placer, Sutter, Yolo, and Yuba Counties).  Sacramento Area Commerce & Trade Organization (SACTO).  support of the Next Economy Regional Prosperity Plan.  PUBLIC COMMENT: None.  The District 4 City Council seat was vacanta at this time pending appointment or special election to fill the vacancy, resulting inc only  four (4) available votes for all Council actions.  Elk Grove City Council Regular Meeting, January 23,2013 Page7of16    Motion: M/S Davis/Detrick to adopt Resolution No. 2013-17 endorsing the Next Economy Regional Prosperity Plan, which includes strategies to create jobs and economic health across the Capital region (Sacramento, El Dorado, Placer, Sutter, Yolo, and Yuba Counties). The motion passed by the following vote*: Ayes: 4;  Noes: 0.  PUBLIC HEARINGS  Agenda Item No. 9.1: A public hearing to consider introduction of an ordinance amending portions of Elk Grove Municipal Code Title 23 (Zoning) related to Business  Center Signs RECOMMENDATION  Staff recommends that the City Council consider the proposed Ordinance creating a Business Center Sign Overlay District. The Planning Commission voted (4-1; No: Villanueva) to recommend that the City Council decline to adopt the proposed With the aid of an overhead presentation (filed), Christopher Jordan, Planning Manager, provided an overview of the staff report and recommendation. The Federal Highway Beautification Act and State Outdoor Advertising Act provided the general regulatory background for signage along freeways, limiting signage within 660 feet of a highway unless focused on on-site activities (billboards in that area would be prohibited), limited signage within 100 feet of another sign, but permitted exemptions for business center signs, or singular signs comprised of multiple smaller signs of users and activities that represented the area. On-site messaging referred to signs that identified tenants on- site at the location that the activity or use was occurring. Four options were considered in evaluating a business center sign program, and staff pursued drafting an overlay zone district based on existing commercial zoning designations within set distances of City interchanges. The application process to utilize the proposed overlay zone would require a public hearing for a Major Design Review approval by the Planning Commission. Signs would require: linking messaging to a use on the same side of the freeway as the sign was located, maintaining a distance of 100 feet from other freestanding signs, meeting safety review by the Planning Director, total height would be determined as part of the approval after a visual impact analysis of the site was conducted, and staff had proposed reducing the total allowed signage by 15% in an attempt to respond to the request of the City Council for reducing or minimizing any total increase in signage, equating to a maximum sign area of 200 square feet for each sign The Planning Commission recommended denial of the staff recommendation based on the following: 1) the program would impact rights of properties currently adjacent to the freeway, 2) a potential monopoly existed for the operator of such a business center sign ifo only one such sign existed per intersection location, 3) the program would impact existing legal signs at developed sites, and brought questions as to how existing sites could utilize the newly introduced standards, and 4) concern over the feasibility and The District 4 City Council seat was vacant at this time pending appointment or special election to fill the vacancy, resulting in only  Ordinance and that the City Council consider other alternatives.  face.  four (4) available votes for all Councila actions.  Elk Grove City Council Regular Meeting, January 23, 2013 Page 80f16    readability of signs at the revised dimensions provided in the draft. Staff identified other options including drafting a program where the City took the lead in building and operating the business center signs, or an option to allow any currently permitted free standing signs to advertise beyond on-site and broaden the definition of on-site signage  to include everything within the business center overlay zone. Mr. Jordan responded to questions of the City Council as follows:  The overlay boundary and distance demarcations were generated looking at retail uses occurring in quarter-mile, half-mile, and one mile distances from freeway interchanges, expanded distances could be considered, as there were interested parties that were further away that requested consideration; Permitting additional off-site signage would not result in a net increase of signs if the policy was to only allow off-site advertising on signage currently allowed Current regulations allowed freeway fronting properties to have a number of a freestanding signs based on the number of driveways into the property, it was not ar requirement to place any given allowed sign by a driveway, and the allowed signage could be arranged to maximize the number of signs along the freeway; Properties owned by the City included a few remnant pieces from the Sheldon Road / State Route 99 Interchange located on the east side of the interchange, there was a City owned property on the west of that interchange but was located in the City of Sacramento, and he believed other properties surrounding Caltrans properties surrounding interchanges could not be developed on, and the City entry monument signs were placed under agreements with Caltrans, for land between Caltrans properties and right-of-way and City streets (such as the area and fencing along Stockton Boulevard. by State Route 99) was likely City property  through freeway fronting properties;  interchanges were privately held; and  and right-of-way.  Mayor Davis declared the public hearing open.  PUBLIC COMMENT:  George Carpenter, representing Winn Communities' property interests at the southeast corner of the Sheldon Road / State Route 99 Interchange, opposed the ordinance as presented, and submitted diagrams (filed) of the geography at that location and the signage possible at the location. He requested clarification on how the proposed ordinance would address vacant pieces of property, as the property south of the Park and Ride Lot, currently owned by the City but located between their two properties, could be purchased and potentially utilized to erect a sign. Mr. Carpenter believed a sign at that location would have a detrimental effect on adjacent property interests, and encouraged the approach to broaden on-site signage to allow private parties to Inr reply to Council Member Hume, Mr. Carpenter responded that if off-site businesses were allowed on freeway adjacent, freestanding signs, it would remain a future business The District 4 City Council seat was vacant at this time pending appointment or speclal election tot fill the vacancy, resulting in only  negotiate advertising uses within the business center overlay zone.  four (4) available votest for all Council actions.  Elk Grove City Council Regular Meeting, January 23, 2013 Page 9of1 16    decision consideration to work with other tenants, and it was preferred it not be a In reply to Vice Mayor Detrick, Mr. Carpenter clarified that a section of property on the submitted diagrams was representative of what he felt was part of the settlement agreement with City, and from their perspective a sign could be placed at the location Vice Mayor Detrick requested staff review the terms of the settlement agreement. Susan Green, area real estate manager for the McDonald's Corporation, voiced support for highway signs for all users, noting such signage increased sales 13% to 30%. Ms. Green provided an example of a business center sign in Cordelia with 12 different Gil Moore believed expanded freeway signage was needed in Elk Grove to compete regionally. Nearby areas utilized well designed, highly visible freeway signs to bring traveling consumers to pull off and shop at local retail centers, yielding increased tax revenues to those jurisdictions. He cited that freeway signs increased sales to retail establishments 15% to 30%. He advocated for a coordinated freeway sign program to reduce overall signage at the interchanges, allow the opportunity for the City to establish entry boundaries and brand identity on such signage, and consolidate signage for uses in vicinity of the interchanges. He opposed the 15% reduction proposed in the recommendation of existing signage, and believed an off-site business center sign could be operated to avoid a monopoly situation by making such signs available to users on a fair, pro-rata cost basis. Mr. Moore believed the current proposal put forward by staff John Hodgson believed that policies could mitigate concerns of a monopoly in regards to allocating signage on a consolidated business center sign. He opposed the suggested 15% area sign reduction. He supported the recommendation that when each site came forward that a visual site impact analysis would be conducted on a case-by- case basis. Mr. Hodgson did not believe that merely allowing private businesses to consider having off-site signage would yield any benefit, as likely those private business owners would have no incentive to participate in offering signage space to off-site  mandated regulation.  once tenants were brought to the site.  tenants on one highway sign.  primarily benefitted owners with property adjacent to the freeway.  businesses.  Mayor Davis declared the public hearing closed.  Council Member Hume was in favor of a comprenensive, City initiated program to administer business center signs. He believed that only allowing current on-site freeway fronting sign owners to consider offers of off-site signage would have no effect ina addressing the matter without some form of regulation or mandate put in place by the City. He noted the example of a freeway sign that had been previously approved by the City with requirements mandating space on the sign be reserved for other businesses contiguous to the on-site use, and to date no other businesses had been advertised. He did not believe that the remainder parcel currently owned by the City would resolve The District 4 City Council seat was vacanta at this time pending appointment or speciale election to fill the vacancy, resulting in only  four (4) available votes for all Council actions.  Elk Grove City Council Regular Meeting, January 23,2013 Page 10of16    any issues as it was not adjacent to the freeway. Mr. Hume noted he had inquired about available parcels owned by the City to explore what ability the City would have to Vice Mayor Detrick supported a program that would promote aesthetically pleasing signs, limit proliferation of multiple, individual signs, and preferably established one sign peri intersection serving the business center overlay district. He did not support the 15% reduction on business signage. He believed signage could benefit all businesses at an intersection if the signage drew customers off of the freeway to services, and could Mayor Davis believed property owners that purchased land along the freeway paid premiums for those properties, and ordinance proposals to date would disrupt those values. He felt the City should not be in the business of regulating what was placed on signs, he did not support a comprehensive citywide sign program, and noted that the sign ordinance was a product crafted over time by the community and should not be compromised with extensive revisions. He believed the policy discussion should remain focused on allowing private owners to consider offering off-site signage on current on- site freeway signs, and have businesses negotiate any terms regarding such off-site Vice Mayor Detrick suggested offering a conditional approval option to sign owners that ifti they agreed to provide off-site signage for businesses in the overlay district that the sign could exceed current height restrictions of 20 to 25 feet, initially suggesting Mayor Davis and Council Member Cooper believed any discussion to consider increasing sign height would need to be vetted to the public for comment. Council Member Hume believed the Planning Commission recommendation and deliberations showed they did not approve of the staff recommendation put forward, but felt they did not have direction from the City Council to consider any other options. He believed a broad groundwork had been established through discussion tonight, and City Attorney Hobbs summarized that revisions to the ordinance would be drafted that would not generate any additional signs along the freeway beyond what was already allowed, the draft would examine allowing off-site uses within the business overlay district to request placement of signage on freeway adjacent signs as agreed upon by the private owner parties, and the draft would determine the scope of a condition to incentivize private owners to allocate space for off-site tenants. The draft would be taken for Planning Commission review and return for consideration by the City Council. Agenda Item No. 9.2: A public hearing to consider introduction of an ordinance amending portions of Elk Grove Municipal Code Title 23 (Zoning) related to Cottage  implement a citywide program at the all the major highway intersections.  serve as an economic driver for these locations.  signage.  approvals for up to 40 feet upon Planning Commission approval.  suggested proposals return for Planning Commission review again.  Food Operations/Home Occupations - City Initiated Ordinance  The District 4 City Council seat was vacant at this time pending appointment or special election tot fill the vacancy, resulting in only  four (4) available votes for all Council actions.  Elk Grove City Council Regular Meeting, January 23, 2013 Page 11of16    RECOMMENDATION  The Planning Commission recommends (5-0) the following actions:  1) Adopt resolution finding the proposed amendments exempt from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Section 15061 (b)(3), Title 14, Division 6, Chapter 3 (State CEQA Guidelines); and 2) Introduce and waive the full reading, by substitution of title only, an ordinance amending portions of Elk Grove Municipal Code Title 23 related to Cottage Food  Operations/Home Occupations. The verbal staff report was waived. Mayor Davis declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Davis declared the public hearing closed.  Motion #1: M/S Hume/Detrick to adopt Resolution No. 2013-18 finding the proposed amendments exempt from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Section 15061 (b)(3), Title 14, Division 6, Chapter 3 (State CEQA Guidelines). The motion passed by the following vote: Ayes: 4; Motion #2: M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 1-2013 amending portions of Elk Grove Municipal Code Title 23 related to Cottage Food Operations/ /H Home Occupations. The motion passed  Noes: 0.  by the following vote: Ayes: 4; Noes: 0.  REGULAR AGENDA ACTION TEMS/RECOMMENDATOAS  Note: Item 10.1 was heard prior to the public hearings as noted during approval of the Agenda-Hem-No- 10.1: COASIdOF-Feseltsing the Next Economy Regional Agenda Item No. 10.2: Consider resolution adopting the 2013-14Legislative Principles  agenda.  Prosperity-Plan and Procedures RECOMMENDATION:  Adopt resolution adopting the 2013-14 Legislative Principles and Procedures. Andrew Keys, Assistant to the City Manager, presented an overview of the staff report and recommendation. The Legislative Principles and Procedures were last updated January 2011, setting the vision for what legislation the City would be tracking, and was aligned with the League of California Cities (LCC) update prepared every two years.  The District 4 City Council seat was vacant at this time pending appointment or special election to fill the  four (4) available votes for all Councila actions.  vacancy, resulting in only Elk Grove City Council Regular Meeting, January 23,2013 Page 120f16    Adopting the procedures would give staff and consultants direction on what to monitor, and the means to focus resources quickly on legislation that could affect the City without having to return for formal approvals before taking action. This would cover state and federal legislation only. The principles outlined were those separate from the LCC that benefited Elk Grove specifically, and included economic development tools, increased local control and discretion, full funding of mandates, encouraging cooperation amongst agencies, and increasing funding to enhance public safety. The procedures identified permitted staff level processes such as priority status assignment, delineating types of engagement of particular legislation, and authorized actions such as signature support Mr. Keys described that at the federal and state level actions were currently being considered relating to weapons and ammunition regulation focusing on: limiting access through background checks, prohibiting access by identified dangerous persons, banning certain types of assault weapons and high-capacity ammunition magazines, improving public safety (particularly in schools), increasing access to mental health services, and allowing for more tracking of weapons and ammunition purchases. Much of the legislative activity was in process and not yet released. Comparatively, California was currently one of the strictest states in the nation for gun control. Most actions that would provide a safety benefit were currently being considered by a higher governing body, and if approved, those actions would likely supersede and preempt regulation created at the local level. At this time, nothing on gun control was included in the  or various opposing actions.  Legislative Principles and Procedures presented for consideration.  PUBLIC COMMENT: None.  City Attorney Hobbs further explained preemption, in that federal or state law can supersede local authority. He noted many federal and state laws explicitly identify that they supersede and preempt local authority, but preemption can also occur when not stated if the regulations were expansive enough that there remained nothing left for The City Council agreed to monitor the continuing federal and state discussions on gun Mayor Davis stated his interest in seeing a more aggressive role in engaging increased economic development legislation, actively monitoring such legislation, and getting involved in supporting bills to facilitate an improved economic climate in California. City Manager Gill noted the City's Economic Development Director Randy Starbuck was a Board Member of the California Association for Local Economic Development which Motion: M/S Detrick/Davis to adopt Resolution No. 2013-19 adopting the 2013-14 Legislative Principles and Procedures. The motion passed by the following vote*: The District 4 City Council seat was vacant at this time pending appointment or special election tof fill the vacancy, resulting in only  local govemments to enforce.  control prior to considering any action for local gun control regulation.  also monitored and lobbied economic development legislation.  Ayes: 4; Noes: 0.  four (4) available votes for all Council actions.  Elk Grove City Council Regular Meeting, January: 23, 2013 Page 13of16    Agenda Item 10.3: Receive report and provide direction on possible changes to the City's signage regulations relative to advertising of alcohol and tobacco products  RECOMMENDATION:  Staff recommends that the City Council receive this report and provide direction, as deemed appropriate, concerning regulation of advertisements for alcohol and tobacco Jonathan Hobbs, City Attorney, presented an overview of the staff report and recommendation. He noted that in October 2012 citizens expressed concern of adult oriented products (alcohol in the particular instance) being advertised on billboards near a school. Staff researched the issue and presented options as outlined in the staff report. In particular, a federal case was tried ten years ago that upheld an Oakland ordinance regulating alcohol advertising on billboards in the vicinity of schools, parks, and other youth sensitive areas. As the matter was upheld by a federal district court, the case would be considered an unpublished case, and would not constitute a binding precedent to be used in court. There had been subsequent cases, and overall there was support for the proposition that such advertising could be regulated to some extent. To regulate such advertising, the City would need to show the general public interest for such regulation, and generally protection for youth within the City would be cited. The regulation would have to then be directly aimed at protecting that interest, and could be no more restrictive than necessary with alternative forms of mediation available. Mr. Hobbs believed that given the size of Elk Grove, and the fact an advertiser could likely find areas other than those in the vicinity of identified youth sensitive areas, adequate findings could be made to support such regulation. To proceed, staff would conduct an analysis of where such advertisement sites currently existed in the City, a literature review would be conducted of the impact on youth of particular types of advertising, and an amendment to the Zoning Code would be presented for Planning  products.  Commission and City Council review. PUBLIC COMMENT: None.  In reply to Council Member Cooper, City Attorney Hobbs noted the advertisement of the original complaint had been removed, and there were likely less than a dozen billboards in the City. Mr. Hobbs clarified that such regulation was not limited to only billboards, and could include outdoor storefront signage as well, but with a broader scope of regulation that could increase the exposure to legal challenge. Comparatively he believed Oakland had a greater prevalence of billboards and higher density of storefront advertising that likely was part of the justification to protect the youth of the community. The City Council provided direction to continue monitoring the issue, and if additional complaints relative to advertising of adult oriented products in the vicinity of youth sensitive areas were received, that the matter be returned for consideration.  The District 4 City Council seat was vacant att this time pending appointment or speciale election to fill the vacancy, resulting in only  four (4) available votes for all Council actions.  Elk Grove City Council Regular Meeting, January: 23, 2013 Page 14of16    Agenda Item 10.4: Consideration of appointment of representation to City Boards,  Commissions and Committees RECOMMENDATION:  Review the Local Appointments List and receive direction from the Mayor and City Council to consider appointments or reappointments on local boards, commissions, and committees for current vacancies, and/ or direct the City Clerk to solicit applications for  recruitment.  Jason Lindgren, City Clerk, presented an overview of the staff report.  PUBLIC COMMENT: Commission.  Evan Oravec provided statements of his background and interest to serve on the Youth Motion: M/S Davis/Detrick to adopt Resolution No. 2013-20 appointing Iqbal Badwalz to the Sacramento Regional Human Rights / Fair Housing Commission Advisory Board. The motion passed by the following vote*: Ayes: 4; Noes: 0. Mayor Davis reappointed Howard Sihner to the Historic Preservation Committee, as Mayor Davis appointed Evan Oravec to the Youth Commission, as confirmed by the Mayor Davis recommended Sophia Scherman replace Frank Maita on the Planning Vice Mayor Detrick and Council Member Cooper did not support the recommendation to Mayor Davis reconfirmed all standing appointments on local boards, commissions, and  confirmed by the City Council.  City Council. Commission.  appoint Sophia Scherman to the Planning Commission. committees, as confirmed by the City Council.  Agenda Item 10.5: Review City Council Appointments to Regional Boards,  Commissions and Committees RECOMMENDATION: committees and provide direction.  Review Council appointments to regional boards, commissions, ad hoc committees, and  Jason Lindgren, City Clerk, presented an overview of the staff report.  PUBLIC COMMENT: four (4) available votes for all Council actions.  The District 4 City Council seat was vacant at this time pending appointment or special election to fill the vacancy, resulting in only  Elk Grove City Council Regular Meeting, January 23,2013 Page 15of16    None. policies.  Vice Mayor Detrick noted an ad hoc committee was needed to discuss soccer related Mayor Davis supported creation of a Soccer Ad Hoc Committee, and appointed Vice Mayor Detrick and Council Member Cooper to the subcommittee, as confirmed by the By consensus the City Council continued consideration of vacancy appointments to the  City Council.  regular City Council meeting of February 13, 2013.  ADJOURNMENT  With no additional business to conduct, the January 23, 2013 regular City Council  meeting was adjourned at 9:05 p.m.  Fi JASON LINDGRENMEITY CLERK  ATTEST:  R  The District 4 City Council seat was vacant att this time pending appointment or special election to fill the vacancy, resulting in only  four (4) available votes for all Council actions.  Elk Grove City Council Regular Meeting, January 23,2013 Page 16of16