CITY OF ELK GROVE Incorporated. July 1, 2000  MINUTES OF THE CITY COUNCIL REGULAR MEETING Wednesday, January 9, 2013  CALL TO ORDER/ROLL CALL  Mayor Davis called the regular City Council meeting of January 9, 2013 to order at  6:05 p.m. Present: Absent:  Mayor Davis, Vice Mayor Detrick, and Council Members Cooper and  Hume. None*.  The Laguna Creek 4-H Club led the Pledge of Allegiance.  Mayor Davis offered his condolences recognizing the victims, families, friends, and community of Newtown, Connecticut in the aftermath of the Sandy Hook Elementary  School shooting, and 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: 4; Noes: 0.  CLOSED SESSION None.  PRESENTATIONSIANNOUNCEMENTS 4.1 Presentation by the Laguna Creek 4-H Club  Members of the Laguna Creek 4-H Club gave a presentation of the activities of their youth development organization, focusing on lessons and experiences in leadership and citizenship, and contributing through numerous community service projects. The Laguna Creek 4-H Club was chartered in 1998, and examples were given of annual service projects that to date had provided thousands of hours of service to the  community. PUBLIC COMMENT  Dr. Steven Ladd, Superintendant of the Elk Grove Unified School District, praised the service of the Laguna Creek 4-H Club. On a somber note, Dr. Ladd thanked the City Council and community for coming together to show support and express condolences The District 4 City Council seat was vacant at this time pending appointment or special election to fill the vacancy, resulting in  to the families of Newtown, Connecticut. only four (4) available votest for all Council actions.  Elk Grove City Council Regular Meeting. Januarys 9, 2013 Page 1of8    Marilyn Johnson alleged she was being harassed by the Elk Grove Police Department, Alaine Hassan invited the community to participate in the MLK365 march and parade Mike King addressed traffic congestion and safety in the vicinity of schools, noting recently a student, en route to school, had been struck by a vehicle. He noted attending a recent outreach meeting hosted by the City and the Elk Grove Unified School District to address traffic issues around school sites, and urged the development of a coordinated traffic plan to stop residential loading and unloading in the vicinity of Rosario Dowling provided an update on the passage of Proposition 35, the "Californians Against Sexual Exploitation Act" Initiative, presented a pin to Council Member Hume for his participation and support of the initiative, and noted continued organized efforts would be lobbying at the California State Capitol on January 22. She believed a local massage / reflexology business maintained suspicious hours and activities and should be looked into. Ms. Dowling recommended community members consider donating time tos support at-risk youth through the Juvenile Justice Chaplaincy of Sacramento. Michael Monasky asked that in remembrance of those recently lost that the firefighters ambushed in Brewster, New York be recognized as well, and the efforts of first responders who constantly place their lives at risk in service be honored. He applauded the good works of the Laguna Creek 4-H Club, and appreciated comments to address school traffic issues. Mr. Monasky opposed the contract for red light photo enforcement with Redflex Traffic Systems, Inc., believing the penalty of $571 for a slow-rolling stop was excessive, that citation information provided by the system offered little ability to challenge charges in court, and that the City should follow other jurisdictions and change practices on the use of the red light photo enforcement program, or remove it  and wanted the matter resolved by City Officials. that would be held in Sacramento on January 21, 2013.  schools and create safe environments for students to travel to school.  entirely.  GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the January 9, 2013 Administrative Report (filed).  COUNCIL COMMENTS/REPORTS/FUTURE AGENDA ITEMS  Council Member Hume attended the Sacramento Regional Transit District (RT) Board Meeting which held a ceremony for the federal grant signing funding $135 million for the for South Line Phase II project, which he estimated would be completed in a year's time and suggested the City actively pursue funding to link the transit system to the new South Line facilities. The Capital SouthEast Connector Joint Powers Authority Board meeting received an update on the plan of finance, noting the projected project cost was below $400 million, and tolling options had been removed from the project. The Sacramento Regional County Sanitation Board of Directors meeting received a fee 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 Councila actions  Elk Grove City Council Regular Meeting, January 9,2 2013 Page 2of8    update of requirements for the treatment plant, and an update to potentially name the project fori identification by the public to see where fees charged were allocated. Council Member Cooper attended the Sacramento Regional County Sanitation Board of Directors and Sacramento Area Sewer District Board meetings which discussed sewer Vice Mayor Detrick reported on traveling to sister city Concepcion de Ataco where he participated in dedications of a new water supply and new homes, had the opportunity tor meet with the U.S. Ambassador to El Salvador and Mayor Norman Quijano of San Salvador, and noted San Salvador expressed interest in becoming a sister city with Elk Grove. Mr. Detrick attended the candlelight vigil held in memory of the victims of the shooting in Newtown, Connecticut, and attended the District 4 Candidate Forum hosted Mayor Davis noted he had been approached about regulating ammunition and gun sales within the city, and requested a report back on legislation that exists, what issues were being discussed at the various levels of government, and to then determine if City Manager Gill noted staff would review the City's legislative policies at the meeting of January 23, and could present information summarizing ammunition and gun regulations being pursued at the state and federal levels of government. Mayor Davis thanked the community for their charitable donations and support over the course of last year, emphasizing the ability to meet local needs by supporting local  impact fee reductions for residential and commercial customers.  by the League ofWomen Voters of Sacramento County.  there was action for the City to pursue further.  charities.  CONSENT CALENDAR ITEMS PUBLIC COMMENT  Michael Monasky addressed Items 8.6 and 8.7, and believed a new fleet should be pursued rather than buying and refurbishing older, used buses. He questioned why used buses were being purchased from the Georgia Regional Transit Authority, and disagreed with the need for installing surveillance video cameras on buses. He stated at the March 15 Sacramento Area Council of Governments Board meeting the City was not represented. Mr. Monasky stated his support of transit systems generally, but believed the City should return to being part of the Sacramento Regional Transit District Sharon Anderson addressed Item 8.7 and requested general cleanliness of the buses be improved, and with additional buses to consider restoring route service with more midday offerings to travel to downtown Sacramento. Regarding the bus stop improvement project under Item 8.10, she requested additional research be conducted on which high use bus stops require improvements, noting the the bus stop on Sheldon Motion: M/S Detrick/Hume to approve the Consent Calendar as presented. The The District 4 City Council seat was vacant at this time pending appointment or special election tol fill the vacancy, resulting in only  again.  Road west of Freesia Drive needed to be improved. motion passed by the following vote*: Ayes: 4; Noes: 0.  four (4) available votes for all Council actions  Elk Grove City Council Regular Meeting, January 9, 2013 Page 3of8    Agenda Item No. 8.1: Received October 2012 Treasurer's Report.  Agenda Item No. 8.2: Received Automatic Clearing House Nos. 6298 through 6410 dated December 1, 2012 through December 31, 2012, General Warrant Nos. 70099 through 70694, and Electronic Fund Transfer Nos. 2013099 through 2013115. Agenda Item No. 8.3: Approved City Council Meeting Minutes of October 24, 2012 Agenda Item No. 8.4: Received report on City Manager approved purchases and contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and Agenda Item No. 8.5: Received report on Requests for Proposals, Qualifications, and Agenda Item No. 8.6: Resolution 2013-1 adopted authorizing the Finance Director to exercise the sale of, or otherwise dispose of, surplus City property in the form of Law Agenda Item No. 8.7: Resolution No. 2013-2 adopted authorizing the City Manager to submit an application totaling $2,490,233 from Proposition 1B Bonds for the replacement of three transit buses, the rehabilitation of 12 transit buses, and for the purchase of up to 25 onboard surveillance camera sets and related installation costs Agenda Item No. 8.8: Resolution No. 2013-3 adopted approving sponsorship of Sober Grad Night activities for seven local high schools for a total not-to-exceed amount Agenda Item No. 8.9: Resolution No. 2013-4 adopted 1) finding that the Transitional Housing Rehabilitation Project is exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Existing Facilities); 2)authorizing the City Manager to execute a construction contract with Colton Construction for the Transitional Housing Rehabilitation Project in the amount of $66,800 and authorizing the City Engineer to Agenda Item No. 8.10: Resolution No. 2013-5 adopted accepting the Citywide Bus Stop Improvements Project - Phase 2 as complete, and authorizing the City Engineer to prepare, and the City Clerk to file, the Notice of Completion with the Sacramento County Agenda Item No. 8.11: Resolution No. 2013-6 adopted authorizing the City Manager to execute the first amendment to the contract with Szeremi Street Sweeping for City Street Sweeping Services increasing the current contract authority by $323,500, for a The District 4 City Council seat was vacant at this time pending appointment or speciale election to fill the vacancy, resulting in only  special meeting.  Purchasing, filed through January 2, 2013.  Bids  Enforcement Vehicles, Law Enforcement Equipment, and Transit Buses  of$3,500  approve change orders not-to-exceed $13,360  Recorder  total compensation amount not to exceed $874,303  four (4) available votes for all Councila actions  Elk Grove City Council Regular Meeting, January 9, 2013 Page4of8    Agenda Item No. 8.12: Resolution No. 2013-7 adopted 1) Finding that the Elk Grove Boulevard at Elk Grove-Florin Road Bus Turnout Project is exempt from CEQA pursuant to State CEQA Guidelines Section 15301(c) (Existing Facilities); 2) authorizing the City Manager to execute a construction contract with F. Loduca Company for the Elk Grove Boulevard at Elk Grove-Florin Road Bus Turnout Project in the amount of $75,837.30 and authorizing the City Engineer to approve change orders not-to-exceed $15,162.70; and 3) authorizing the City Manager to execute a construction contract with the second lowest responsive and responsible bidder if F. Loduca Company does not  meet filing obligations PUBLIC HEARINGS None.  REGULAR AGENDA ACTION TENS/RECOAMENDATONS  Agenda Item No. 10.1: Consider appointment for the currently vacant District 4  Council Member seat RECOMMENDATION:  Consider appointment for the currently vacant District 4 Council Member seat, and/or provide direction as deemed appropriate. Ifa nominee is selected by the City Council, staff recommends the City Council adopt a resolution appointing the selected nominee as the District 4 Council Member and direct the City Clerk to administer the Oath of Mayor Davis suggested a process to hear five minute opening statements from each candidate, taken in order alphabetically, and after each presentation members of the City Council could ask questions of each candidate. Public comment would be taken Vice Mayor Detrick and Council Member Cooper voiced they would have preferred to Candidates Edward Busuttil, Nancy Chaires, David Conner, LaWanna Montgomery, Oscar O'con, and Jeffrey Owen each spoke in turn providing their candidate statement and opening remarks. The candidates each addressed questions from the City Council. Council Member Hume inquired of each candidate if they intended to run for the District 4 Council Member Seat in the next election cycle, and why they sought appointment to the vacant seat at this time. Mayor Davis inquired of each candidate how they would address balancing the competing interests of improving air quality and improving the jobs to housing imbalance, and asked each candidate to define what community meant NOTE: The City Council recessed at 7:57 p.m. The regular City Council meeting  Office to the appointed Council Member.  after each candidate addressed the City Council. have heard any proposed process prior to the meeting.  to them personally.  reconvened at 8:06 p.m. with all Council Members present*.  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 9.2013 Page5of8    PUBLIC COMMENT:  Sarah Johnson, Sharon Anderson, Andres Ramos, Steve Ly, Sandi Russell, Matt Kelly, Tony Perez, Nancy Fox, and Chris Parker voiced support for candidate Nancy Chaires. Ana Bertolucci (representing the Elk Grove Chamber of Commerce), Jack Williams, and Jerry Becker and Kenneth Melgoza voiced support for candidate Edward Busuttil. Patrick O'Connor opposed the City holding a special election, and suggested a ranked choice voting process be utilized to make the appointment and establish a precedent for future vacancy appointments. Mr. O'Connor presented an example (filed) from the City Michael Monasky opposed the appointment process, and advocated for holding a special election. Regarding the question of balancing air quality versus job creation, he had wanted to hear an answer of creating walkable communities. Mr. Monasky believed the City would encounter similar vacancy situations in the coming years, and Vice Mayor Detrick noted he had brought the ranked choice voting process from the City of Pasadena as well, and suggested it be utilized as a starting point for the City Clerk Jason Lindgren stated the use of ranked choice voting had been selected as the process for the City of Pasadena, but consideration of that appointment was not yet scheduled. Mr. Lindgren noted that in the recent example of Yuba City, ranked choice voting was implemented during their appointment consideration process in October 2012, going through five runoff sequences of voting as each ranked choice vote resulted in a tie. After going through the tie results, the Yuba City council no longer pursued the ranked choice method, and made the appointment by nomination motion, Council Member Hume believed appointment of an elected position by the standing governing body usurped the electoral process from the public. He commended Mr. Busattil for being the only candidate to definitively say he would not seek the office in2 2014, but also recognized the comment of Ms. Chaires who had noted that in two years time the voting public would have the opportunity to voice their approval or disapproval at the next general election of any appointed officer who sought re-election. Mr. Hume expressed his respect to Ms. Chaires, but believed other parties had become involved in the prospect of the vacancy appointment, and guided a process to preordain that Ms. Chaires would assume the seat once it became vacant after the mayoral election. He believed these actions of others were disingenuous to the process, and by association diminished opinions of some members of the public of the motivations to appoint Ms. Chaires to the position. He lauded each of the candidates on their backgrounds and the impressions they made on him throughout the appointment The District 4 City Council seats was vacant at this time pending appointment or special election to fill the vacancy, resulting in only  Carla Freeman voiced support for candidate Oscar O'con.  of Pasadena detailing a process to utilize ranked choice voting.  the standard should be to go to a special election.  appointment consideration process.  second, and vote.  four (4) available votes fora all Council actions  Elk Grove City Council Regular Meeting, January 9, 2013 Page6of8    consideration process. He noted if the City Council continually came up with tie votes the matter could still proceed to a special election, and supported the idea of utilizing ranked choice voting. Mr. Hume noted staff had confirmed that the City could not conduct a mail only ballot election for the vacant seat (as a cost savings measure to run a special election) as the City had too many registered voters and was too big of a Mayor Davis did not believe ranked choice voting would be a preferred process, noting the tie results produced in the Yuba City example. He felt the candidates were all of high caliber, and stated his process to reach a conclusion was that he evaluated each candidate on the criteria of their priorities, values, record of service and accomplishments, ability to meet the demands of the position, and the ability to build a coalition of support. Mr. Davis voiced his support for candidate Nancy Chaires Vice Mayor Detrick believed a benefit of ranked choice voting would be taking an initial Motion: M/S Detrick/Hume to utilize ranked choice voting. This initial motion for ranked choice voting was later withdrawn after consideration of the subsequent, Council Member Cooper supported candidate Nancy Chaires. He did not believe that the appointment process was compromised by other parties stating their preference for who they wanted to see appointed to the seat, and such activity was no basis to justify Substitute Motion #1: M/S Cooper/Davis to appoint Nancy Chaires to the vacant District 4 Council seat for the remainder of the current term. The motion FAILED by Vice Mayor Detrick nominated candidate Oscar O'con, noting the support of the Mayor Davis stated he had met with the Elk Grove Chamber of Commerce to discuss the appointment, and noted that candidates who prevailed in the 2006 and 2008 elections in Elk Grove did not have the endorsement of the Elk Grove Chamber of Commerce. He believed business experience was valuable, but having an understanding of operating in a government environment to effectuate change was what Substitute Motion #2: M/S Detrick/Hume to appoint Oscar O'con to the vacant District 4 Council seat for the remainder of the current term. The motion FAILED by Mayor Davis suggested the item return for consideration to the next regular meeting of The District 4 City Council seat was' vacant at this time pending appointment or special election to fill the vacancy, resulting in only  population to be eligible to run such a contest as a mail ballot election.  step to reduce the field of candidates for final consideration.  substitute motions.  diminishing the qualities of Ms. Chaires as a candidate.  the following vote*: Ayes: 2; Noes: 2 (Detrick, Hume). business community and the Elk Grove Chamber of Commerce.  was needed of a candidate.  the following vote*: Ayes: 2; Noes: 2 (Davis, Cooper).  January 23, giving candidates time to reach out to the community.  four (4) available votes for all Council actions  Elk Grove City Council Regular Meeting, January 9,2013 Page7af8    Council Member Cooper did not believe any positions of the City Council would change, and the City Council should work towards resolving the matter at this meeting. Motion: M/S Hume/Detrick to appoint David Conner to the vacant District 4 Council seat for the remainder of the current term. The motion FAILED by the following Motion: M/S Hume/Detrick to utilize ranked choice voting. The motion FAILED by Candidate Jeffrey Owen stated that after hearing comments from the public and deliberation tonight that the matter was down to two candidates, and he encouraged that a decision be made tonight. Mr. Owen expressed his desire for the matter to not go toas special election, and he retracted his application from consideration. Motion: M/S Hume/Detrick to reject the notice of retraction of candidacy by Jeffrey Owen, and to appoint Jeffrey Owen to the vacant District 4 Council seat for the remainder of the current term. The motion FAILED by the following vote*: Ayes: 2; By City Council consensus (Cooper no), the item was continued to the regular meeting of January 23, 2013, and would be placed as the first regular item for consideration on the agenda with no additional set aside time for candidates to make statements. City Clerk Lindgren noted that the staff report for the Janaury 23 meeting would include the option to request consolidation with Sacramento County to conduct a special  vote*: Ayes: 2; Noes: 2 (Davis, Cooper).  the following vote": Ayes: 2; Noes: 2 (Davis, Cooper).  Noes: 2 (Davis, Cooper).  election in the event an appointment could not be decided.  ADJOURNMENT  With no additional business to conduct, the January 9, 2013 regular City Council meeting was adjourned in memory of the victims at Sandy Hook Elementary School, and in honor and support of the families, friends, and community of Newtown,  Connecticut at 9:30 p.m.  JAGONI  le LINDGRENNEHY CLERK  ATTEST:  As  The District 4 City Council seat was vacant att this time pending appointment or special election toi fillt the vacancy, resulting in only  four (4) available votes for all Council actions  Elk Grove City Council Regular Meeting, January 9, 2013 Page 8of8