CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, November 14, 2012  REGULAR MEETING  CALL TO ORDER/ROLL CALL  Mayor Cooper called the regular City Council meeting of November 14, 2012 to order at  6:03 p.m. Present: Absent:  Mayor Cooper, Vice Mayor Hume, and Council Members Davis, Detrick  and Scherman. None.  Mayor Cooper led the Pledge of Allegiance.  Mayor Cooper asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Hume/Detrick to approve the agenda as presented. The motion passed  by the following vote: Ayes: 5; Noes: 0.  CLOSED SESSION None.  PRESENTATIONS/ANNOUNCEMENTS  4.1 Mayor Cooper presented Certificates of Recognition to e-tran and e-van Bus  Operators Pam Orcutt and Luther Redd.  PUBLIC COMMENT  Lynn Wheat congratulated Gary Davis on being elected mayor. She shared her experience running her mayoral campaign and her continued messages of opposing the City's Sphere of Influence (SOI) application and advocating for campaign finance reform. Ms. Wheat asked that City priorities not be oriented on expansion, but focus on improving conditions within the existing city limits, including that meetings currently not open to the public, such as discussions of the SOI, be open to public participation.  GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the November 14, 2012 Administrative Report (filed).  COUNCIL COMMENTS/REPOREPORTS/FUTURE AGENDA ITEMS  Council Member Scherman attended the Elk Grove Chamber of Commerce's Citizen of the Year award dinner recognizing Gary Dapelo. She attended a fundraiser event benefitting Elk Grove Food Bank Services to collect food to provide Thanksgiving  Elk Grove City Council Page 1of1 17  Regular Meeting, November 14,2012    dinners, and noted a turkey drive would be conducted on November 17 in the parking lot of City Hall. She invited the community to attend the Old Town Elk Grove Dickens Faire on November 24, noting a Christmas parade would be held the night before. In reply to Council Member Scherman, Public Works Director Richard Shepard  providing the following project updates: bids due November 20;  The East Stockton Sound Wall Renovation Project was currently out to bid, with On Emerald Oak Drive staff were evaluating size and placement of signs to improve driving safety around the curve on the north end of the street, but at this Regarding citizen requests for speed control measures to be implemented on Batey Avenue, a public meeting had been held but there was no representative from the Cosumnes Community Services District (CCSD) Fire Department, which would require follow-up with the CCSD if desired by the residents; Regarding maintenance in front of the Elk Grove Cemetery, there was property owned and maintained by the City and weed abatement was performed as necessary, in addition a landscaping option was being considered for the the new on-ramp at Elk Grove Boulevard. For areas off of Elk Grove Boulevard surrounding the cemetery, the City would need to coordinate with the cemetery  time had not considered rubberized speed bumps;  representatives on maintenance responsibilities.  Council Member Davis offered congratulations to Mayor Cooper and Council Member Detrick on their re-election as council members, and thanked Council Member Council Member Detrick attended the Elk Grove Chamber of Commerce's Citizen of the Year award dinner recognizing Gary Dapelo, attended the Sacramento Area Commerce and Trade Organization (SACTO) fall membership celebration, attended turkey drive fundraiser events for the Elk Grove Food Bank Services, and attended the Elk Grove Economic Development Corporation (EGEDC) showcase event highlighting top businesses in Elk Grove. Mr. Detrick received City Council consensus to consider a future agenda item for a comprehensive health and fitness program, both for improved quality of life but also as an economiç development opportunity, such as the City Economic Development Director Randy Starbuck noted an ongoing dialogue between the City and the medical business community was to seek attaining designation for Elk Grove as a "fittest community", seeking opportunities to focus increased policies and Mr. Detrick believed the formation of a City sports commission would aid in evaluating community needs to address the diversity of sports options for potential development. Mayor Cooper noted sports associations currently existed in the community, and formation of a City sports commission should be evaluated on the basis that work done Vice Mayor Hume reported on discussion of high speed rail by the Director of the Sacramento Regional Transit District, noting the project preferred alignment was the  Scherman for her 12 years of service on the City Council.  hosting fitness challenge /contest events.  programs towards improved health and quality of life.  would not be at cross purposes with existing groups and associations.  Elk Grove City Council Page2of17  Regular Meeting, November 14, 2012    eastern alignment, which met the City's intent of having the line run through Old Town and by the City multi-modal station property. He reported for the Sacramento Regional County Sanitation Board of Directors meeting discussion of rates and fees, facilities to recycle products into gas for sale, upgrades for expansion of facilities to meet National Pollutant Discharge Elimination System (NPDES) filtration and disinfection requirements, and he noted the entrance to the facility on Dwight Road was being realigned and could have a potential impact on access to the business buildings in the vicinity of the realignment project. Mr. Hume requested staff look into the following matters: 1) weed abatement and maintenance in vicinity of California Historical Landmark No. 680 near the State Route 99 and Grant Line Road intersection, 2)compliance check of what appeared to be an excess of signage at a business located on Elk Grove-Florin Road near Emerald Park Drive, 3) compliance check of use of a parking lot in the vicinity of the Elk Grove Library to advertise used cars for sale and offering of car detailing, and 4) to address earlier notification to local business owners of road closures for parade events, citing the example of a business that had invested in additional advertising for a sale that coincided with the road closure for the Veterans Council Member Scherman stated the Elk Grove Veterans Day Parade Committee conducted site visits to all business owners on the parade route two weeks prior to the Mayor Cooper reported the Sacramento Regional Human Rights / Fair Housing Commission approved the Executive Director's contract, and discussed issues arising from new regulations of the Department of Housing and Urban Development and the  Day Parade.  event.  effect on Community Development Block Grant (CDBG) funding.  CONSENT CALENDARITEMS  Council Member Detrick commented relative to Item 8.5 that he continued to oppose the two projects that had gone out to bid of the East Stockton Sound Wall Renovation Project and the Union Pacific Railroad Parcel Fence Project (related to the land  purchase that would be utilized for the seasonal ice skating rink).  PUBLIC COMMENT None.  Motion: M/S Davis/Hume to approve the Consent Calendar as presented. The  motion passed by the following vote: Ayes: 5; Noes: 0. Agenda Item No. 8.1: Received September 2012 Treasurer's Report  Agenda Item No. 8.2: Received Automatic Clearing House Nos. 6021 through 6149 dated October 1, 2012 through October 31, 2012, General Warrant Nos. 67832 through Agenda Item No. 8.3: Approved City Council Meeting Minutes of August 22, 2012  69540, and Electronic Fund Transfer Nos. 2013066 through 2013084  special meeting  Elk Grove City Counçil Page 30 of1 17  Regular Meeting, November 14,2012    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  Purchasing, filed through November 7, 2012  Bids  Agenda Item No. 8.6:  Resolution No. 2012-195 adopted authorizing the City  Manager to execute the first amendment to the contract with Spinitar for information technology services for the City's Council Chambers to include the technical support needed by the Communications Center in an amount of $15,000 [for a total  compensation amountr not-to-exceed $412,300]  Agenda Item No. 8.7:  Resolution No. 2012-196 adopted authorizing the City  Manager to accept an appropriation from the California Office of Traffic Safety via the Folsom Police Department to implement the AVOID the 17 DUI Program in an amount not-to-exceed $140,500 and increase the Police Department's revenue and expense  budget by the actual amount received Agenda Item No. 8.8:  Resolution No. 2012-197 adopted authorizing the City  Manager to accept grant funding from the U.S. Department of Justice for the purpose of supporting the purchase of bulletproof vests and amend the Police Department's 2012-  13 budget to appropriate grant funds in the amount of $2,438  Agenda Item No. 8.9:  Resolution No. 2012-198 adopted accepting the  Emergency Operations Center Project as complete and authorizing the Public Works Director to prepare, and the City Clerk to file, a Notice of Completion with the Agenda Item No. 8.10: Resolution No. 2012-199 adopted accepting the Asphalt Concrete Overlay and Rubberized Emulsion Aggregate Slurry Seal Project as complete and authorizing the Public Works Director to prepare, and the City Clerk to file, a Notice Agenda Item No. 8.11: Resolution No. 2012-200 adopted accepting the Longleaf Drive Bridge Project as complete and authorizing the Public Works Director to prepare, and the City Clerk to file, a Notice of Completion with the Sacramento County Recorder Agenda Item No. 8.12: Resolution No. 2012-201 adopted authorizing the City Manager to execute an amendment to the contract with the Cosumnes Community Services District for Landscape Maintenance Services replacing the existing 15% administrative and overhead fee with a fixed annual fee of $135,000, retroactive to Agenda Item No. 8.13: Resolution No. 2012-202 adopted finding the Laguna Creek Trail Connection at Camada Court Improvements Project (WTL002) exempt from the California Environmental Quality Act and directing the filing of a Notice of Exemption, authorizing the City Manager to execute a construction contract with F. Loduca Company in the amount of $33,103, authorizing the City Engineer to approve change  Sacramento County Recorder  of Completion with the Sacramento County Recorder  July 1,2012  Elk Grove City Council Page 4of17  Regular Meeting, November 14, 2012    orders not-to-exceed $5,397, and authorizing the City Manager to execute a construction contract with the second lowest bidder if F. Loduca Company does not Agenda Item No. 8.14: Resolution No. 2012-203 adopted authorizing the City Manager to execute Amendment No. 1 to the Sub-recipient Agreement with the Sacramento Area Council of Governments (SACOG) for the Automated Farebox Agenda Item No. 8.15: Resolution No. 2012-204 adopted authorizing the City Manager to execute a new Lease Agreement for Compressed Natural Gas Buses = Agenda Item No. 8.16: Resolution No. 2012-205 adopted authorizing the City Manager to execute the necessary documents to amend the on call graphic design and marketing services contract with Riezebos Holzbaur Group, LLC extending the contract for one, three-year term and authorizing an expenditure of $49,950 [for a total Agenda Item No. 8.17: Resolution No. 2012-206 adopted authorizing the City Manager to execute a Reimbursement Agreement for public facilities constructed by  meet filing obligations  Upgrade Project  2012 with Sacramento Regional Transit District  expenditure of funds over. six years not to exceed $99,000]  Los Rios Community College District  PUBLIC HEARINGS  Vice Mayor Hume stated his recusal from hearing Item 9.1, noting he had no personal conflict of interest, but he desired to remove any appearance ofi impropriety as his family used to own the shopping center in question, and his uncle currently owned property  adjacent to the project site.  Note: Vice Mayor Hume left at 6:40 p.m.  Agenda Item No. 9.1: A public hearing to consider the rezone of 9605 = 9679 E. Stockton Boulevard from Limited Commercial (LC) to General Commercial (GC) for the Elk Park Associates, LLC project (Project No. EG-12-015: APN 125-003-032 and 125-  003-033)  RECOMMENDATION  The Planning Commission recommends (5-0):  1) Adopt resolution finding no further review for the Elk Park Village Rezone project (EG-12-015), under the California Environmental Quality Act pursuant to Sections 15301 and 15183 of Division 6 of Chapter 3 of Title 14 of the California Code of 2) Introduce and waive the full reading, by substitution of title only, an ordinance amending the City of Elk Grove Zoning Map from Limited Commercial (LC) to General Commercial (GC) for the Elk Park Village Rezone (EG-12-015) Assessor  Regulations; and  Parcel Numbers 125-0030-032 and 125-0030-033.  Elk Grove City Counçil Page 5of17  Regular Meeting, November 14,2012    Christopher Jordan, Planning Manager, provided an overview of the staff report and  recommendation.  Mayor Cooper declared the public hearing open.  Chris Wight, applicant, stated he sought broader zoning to expand potential uses at the center to attract tenants. He stated the shopping center was currently 50% vacant, and believed the rezone would complement the new on-ramp and signalized four-way  intersection that was being constructed.  PUBLIC COMMENT:  Michael Monasky submitted comments (filed) opposing the project rezone, citing General Plan requirements to provide buffers between uses, believing the Limited Commercial use be retained immediately adjacent to residential properties. He observed other General Commercial uses in the vicinity were approved through the Conditional Use Permit process, not a rezone, and approval of this rezone could lead to other areas in the vicinity to seek a rezone to General Commercial zoning. He noted General Commercial zoning was oriented to accommodate cars, not pedestrians, and the center currently lacked access points to the neighboring residential uses. Mr. Monasky believed if the rezone was approved that California Environmental Quality Act (CEQA) analysis be conducted to address traffic circulation and emission impacts. Chris Wight stated traffic studies were conducted for the on-ramp project, including traffic at both East Stockton Boulevard and Elk Grove Boulevard, and there existed General Commercial zoning of properties in the vicinity of the center. He noted the type of tenants sought included home improvement centers, fitness centers, and harbor freight, normal uses for shopping centers not allowed at the current site because of current zoning. He described surrounding uses as primarily commercial uses, and the only feedback he had ever received of the eight residences directly behind the shopping center was maintenance of the tree buffer separating the center and the residential neighborhood. A bus stop at the shopping center was part of the interchange project, and wouid include a path of travel from the bus stop to the shopping center. Inr reply to Council Member Davis, Mr. Jordan stated no further traffic analysis was required for the rezone request. He noted the applicant's request placed the property to be more in-line with the Sacramento County zoning designation that existed prior to 2000, as in 2006 with the adoption of the new zoning code Limited Commercial zoning districts were recast to be more neighborhood focused as opposed to General  Commercial zoning which held a wider range of uses. Mayor Cooper declared the public hearing closed.  Motion #1: M/S Davis/Scherman to adopt Resolution No. 2012-207 finding no further review for the Elk Park Village Rezone project (EG-12-015), under the California Environmental Quality Act pursuant to Sections 15301 and 15183 of Division 6 of Chapter 3 of Title 14 of the California Code of Regulations. The motion passed by the  following vote: Ayes: 4; Noes: 0; Absent: 1 (Hume).  Elk Grove City Council Page 6of17  Regular Meeting, November 14, 2012    Motion #2: M/S Davis/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 22-2012 amending the City of Elk Grove Zoning Map from Limited Commercial (LC) to General Commercial (GC) for the Elk Park Village Rezone (EG-12-015) Assessor Parcel Numbers 125-0030-032 and 125-0030-033. The motion  passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Hume).  Note: Vice Mayor Hume returned at 6:55p p.m.  Agenda Item No. 9.2: A public hearing to consider adoption of the Sustainability  Element and Climate Action Plan RECOMMENDATION following three resolutions:  The Planning Commission recommends (3-1; Maita No, Villanueva absent) adopting the 1) Adopt resolution certifying a Subsequent Environmental Impact Report for the Sustainability Element and Climate Action Plan, adopting Findings of Fact, and 2) Adopt resolution amending the City of Elk Grove 2003 General Plan to add the 3) Adopt resolution adopting the City of Elk Grove 2012 Climate Action Plan. With the aid of an overhead presentation (filed), Christopher Jordan, Planning Manager, provided an overview of the staff report and recommendation. The Sustainability Element was a long range, long term plan, which would become part of the General Plan, providing vision policies and general actions for fostering a sustainable community. The Climate Action Plan (CAP) was an implementation component focusing on specific strategies to meet the policies of the Sustainabilty Element, primarily to reduce Green House Gas (GHG) emissions. Sustainability was defined under the model of a three tier concept balancing needs of the environment, the economy, and the community. Five goals were outlined for the City to pursue as municipal responsibility in achieving sustainability including: 1) use of innovative and energy efficient transportation and development, 2) ensuring a healthy natural environment, 3) providing for resource stewardship, 4) promoting healthy community and cultural diversity, and 5)fostering a robust, sustainable economy. Mr. Jordan noted there was no state or federal mandate to have a CAP, the City would be adopting the plan voluntarily to meet reductions of GHG emissions to 1990 levels by 2020 as directed under state law. The reduction of emissions through a CAP was incentivized by the state by linking future transportation funding to land use planning, where the Sacramento Area Council of Governments (SACOG) had been formulating plans to provide guidance to the region through the Metropolitan Transportation Plan (MTP)2 2035 and Sustainable Communities Strategies (SCS) programs. Emission reductions were incentivized as well under changes in the California Environmental Quality Act (CEQA) which included requirements to analyze GHG emissions of development actions. The CAP addressed GHG reductions by evaluating the Elk Grove local emissions inventory, projecting out emissions based upon the General Plan land use map, and then defining specific reduction measures to meet targeted reduction levels (a 15% reduction by 2020). The CAP would move towards compliance with the state mandates, would make the City eligible for future transportation project funding, and reduce development review of CEQA required GHG analysis. Four policy topics of the CAP would contribute to  adopting a Mitigation Monitoring and Reporting Program;  Sustainability Element; and  Elk Grove City Council Page7of17  Regular Meeting, November 14,2012    achieving the 15% reduction in the following areas: 1) innovate and efficient built environment, 2) resource conservation, 3) transportation alternatives and congestion management, and 4) municipal programs. Multiple measures were provided under each policy topic to identify quantitatively the impact of particular programs, with transportation comprising the majority of targeted measures. The plan utilized the existing General Plan land use map, sO future changes, such as the Southeast Policy Area, could modify the CAP, and the targeted 15% reduction equated to 4,000 total points in overall reductions across the four policy topic areas. Regarding building efficiency, reductions would be achieved both through voluntary programs for existing development, and increased building efficiency requirements for new development. The increased requirements for new development was a practice seen in other local jurisdictions, and would increase costs for new construction. Mr. Jordan reviewed measures for resource conservation, transportation alternatives, and municipal programs. Ar revised final subsequent Environmental Impact Report (EIR) was prepared based upon the changes over the last several months during Planning Commission Mayor Cooper believed some definitional terms, such as "green," that were modified or removed from the documents by recommendation of the Planning Commission, should Mr. Jordan noted the Planning Commission concerns were to clarify definitions of "green" and environmental justice," and to limit the discussion of those items primarily in_t the Sustainability Element. In addition, language regarding the science behind climate change was returned by the Planning Commission after initial removal, but any reference voicing a position that climate change was occurring was removed.  review.  be reconsidered for return into the final documents for consideration.  Mayor Cooper declared the public hearing open.  PUBLIC COMMENT:  Michael Monasky submitted comments (filed) opposing adoption of the proposed Sustainability Element and CAP. He believed terms of "green jobs" and "green businesses" required explicit definition, and found the report held no focus on carbon dioxide, the main contributor in GHGs that polluted the air. He believed design for walkable communities and getting people out of cars should be prioritized reduction measures. He provided statistics in support of reducing reliance on vehicular travel, noting speed related deaths and injuries, and daily vehicle carbon dioxide emissions. Mr. Monasky believed the reduction measures called out in the CAP were insignificant Angela Perry, representing the Elk Grove Economic Development Corporation and the Elk Grove Chamber of Commerce, requested the City prioritize voluntary programs for meeting reduction measures. She believed state required regulations incurred a cost to businesses; since other jurisdictions had yet to implement such regulations, Elk Grove would place itself at a competitive disadvantage to attract and retain businesses if the  ino comparison to daily emissions of vehicle travel in Elk Grove.  documents were approved as presented. Mayor Cooper declared the public hearing closed.  Elk Grove City Council Page 8of17  Regular Meeting, November 14,2012    Council Member Davis believed the opportunity to reduce emissions was through creation of local job centers to reduce traffic congestion, not by placing additional mandates and costs on businesses or people. He suggested the plans be further reviewed in conjunction with the business community for additional feedback. Vice Mayor Hume stated he did not support the CAP, believing the plan was overreaching through the proposed reduction measures that were in excess of state mandates, especially for new development. He believed the creation of state mandated reduction measures diminished local control of cities, and passed compliance costs to development and citizens. He found agreement with the Sustainability Element, but believed the CAP, and policies tied to the CAP through the Sustainability Element, be The City Council voiced consensus to have the Sustainability Element and CAP Council Member Detrick supported emphasis on an improved trails master plan to Assistant City Manager Rebecca Craig noted funding for the Sustainability Element and Climate Action Plan had come through a federal grant that would expire in December, and the grant did not require formal adoption of a plan as a condition to receive the funds. The work done to date had been covered under that grant funding, but any further work on the project would require funding from the General Fund. Motion: M/S Hume/Davis to review the Sustainability Element and Climate Action Plan with the industry working group, the Elk Grove Economic Development Corporation, and the Elk Grove Chamber of Commerce to receive feedback, and finalize the documents to return at a future date for final consideration by the City Council. The motion Agenda Item No. 9.3: A public hearing to consider: A) adoption of resolutions calling a special election and declaring results of the special election for annexation to Community Facilities District No. 2006-1 Maintenance Services) and introduction of an ordinance levying and apportioning the special tax to the annexing area (Annexation No. 23); B) adoption of resolutions calling a special election and declaring results of the special election for annexation to Community Facilities District No. 2003-2 (Police Services) and introduction of an ordinance levying and apportioning the special tax to the annexing area (Annexation No. 22); and C) adoption of resolution determining to levy street maintenance assessments for certain properties in the Eastern Area which represents Annexation No. 18 into Street Maintenance District No. 1-2 Zone 3-G  removed.  reviewed first by business stakeholder groups.  incentivize alternative modes of transportation in the City.  passed by the following vote: Ayes: 5; Noes: 0.  RECOMMENDATION  A-1) Adopt resolution calling a special election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. A-2) (Following tabulation and certification of ballot results by the City Clerk) Adopt resolution declaring the results of the special election held on November 14, 2012 for  2006-1 Maintenance Services) to the qualified electors;  Elk Grove City Council Page 9of17  Regular Meeting, November 14, 2012    the twenty-third annexation to Community Facilities District No. 2006-1 (Maintenance A-3) Introduce and waive the full reading, by substitution of title only, an ordinance levying and apportioning the special tax in territory annexed to Community Facilities B-1) Adopt resolution calling a special election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. B-2) (Following tabulation and certification of ballot results by the City Clerk) Adopt resolution declaring the results of the special election held on November 14, 2012 for the twenty-second annexation to Community Facilities District No. 2003-2 (Police B-3) Introduce and waive the full reading, by substitution of title only, an ordinance levying and apportioning the special tax in territory annexed to Community Facilities C) Adopt resolution determining to levy assessments in Street Maintenance District  Services); and  District No. 2006-1 (Maintenance Services) Annexation No. 23; and  2003-2 (Police Services) to the qualified electors;  Services); and  District No. 2003-2 (Police Services) Annexation No. 22; and  No. 1- Zone 3-G (Annexation 18). Note: Council Member Davis left at 7:39 p.m.  Jason Lindgren, City Clerk, provided an overview of the staff report and Mayor Cooper declared the public hearing open for Community Facilities District No.  recommendation.  2006-1 (Maintenance Services) Annexation No. 23.  PUBLIC COMMENT: None.  Mayor Cooper declared the public hearing closed.  Motion #A-1: M/S Hume/Detrick to adopt Resolution No. 2012-208 calling a special election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2006-1 (Maintenance Services) to the qualified electors. The motion passed by the following vote: Ayes: 4; Noes: 0; City Clerk Lindgren announced of 1 possible vote, 1 affirmative vote was cast authorizing the City of Elk Grove to levy a special tax at the rate apportioned and described. The measure passed with more than two-thirds of all votes cast in the election in favor of the measure. A resolution declaring the results of the special  Absent: 1 (Davis).  election was available for Council consideration. Note: Council Member Davis returned at 7:41 p.m.  Motion #A-2: M/S Hume/Scherman to adopt Resolution No. 2012-209 declaring the results of the special election held on November 14, 2012 for the twenty-third  Elk Grove City Council Page 10of17  Regular Meeting, November 14,2012    annexation to Community Facilities District No. 2006-1 (Maintenance Services). The Motion #A-3: M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 23-2012 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) Annexation No. 23. The motion passed by the following vote: Ayes: 5; Mayor Cooper declared the public hearing open for Community Facilities District  motion passed by the following vote: Ayes: 5; Noes: 0.  Noes: 0.  No. 2003-2 (Police Services). )Annexation No. 22.  PUBLIC COMMENT: None.  Mayor Cooper declared the public hearing closed.  Motion #B-1: M/S Hume/Scherman to adopt Resolution No. 2012-210 calling a special election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2003-2 (Police Services) to the qualified electors. The motion passed by the following vote: Ayes: 5; Noes: 0. City Clerk Lindgren announced of 1 possible vote, 1 affirmative vote was cast authorizing the City of Elk Grove to levy a special tax at the rate apportioned and described. The measure passed with more than two-thirds of all votes cast in the election in favor of the measure. A resolution declaring the results of the special Motion #B-2: M/S Hume/Scherman to adopt Resolution No. 2012-211 declaring the results of the special election held on November 14, 2012 for the twenty-second annexation to Community Facilities District No. 2003-2 (Police Services). The motion Motion #B-3: M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 24-2012 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2003-2 (Police Services) Annexation No. 22. The motion passed by the following vote: Ayes: 5; Noes: 0. Mayor Cooper declared the public hearing open for Street Maintenance District No. 1-  election was available for Council consideration.  passed by the following vote: Ayes: 5; Noes: 0.  Zone 3G (Eastern Area). Annexation No. 18.  PUBLIC COMMENT: None.  Mayor Cooper declared the public hearing closed.  City Clerk Lindgren noted there was no majority protest. Of 1 possible vote, 1 affirmative vote was returned. The ballot approved the proposed assessment and the proposed inflation adjustment limit described for the parcels identified in the ballot. A  Elk Grove City Council Page 11of1 17  Regular Meeting, November 14, 2012    resolution determining to levy assessments in the district was available for Council Motion #C: M/S Hume/Detrick to adopt Resolution No. 2012-212 determining to levy assessments in Street Maintenance District No. 1 - Zone 3G (Annexation 18). The  consideration.  motion passed by the following vote: Ayes: 5; Noes: 0. REGULAR AGENDA ACTION ITEMS/RECOMMENDATIONS  Agenda Item No. 10.1: Review proposed DesignBuld/Operate Facilities and Processing Criteria for Aquatics Complex Project at Civic Center and consider resolution approving the City's use of an alternative procedure for bidding construction  projects  RECOMMENDATION and adopt resolution approving: 1)Aquatics Complex Project's Scope; Delivery Model based on Best Value to the City); 3) Modification of the City's Design Review Process; and 4)Solicitation for Design/Buld/Operate Vendor Qualifications.  Review the proposed Aquatics Complex Project criteria and delivery, provide direction 2) City's Use of an Alternative Procedure for bidding this Project (Design/Build Project  With the aid of an overhead presentation (filed), Rebecca Craig, Assistant City Manager, provided an overview of the staff report and recommendation. Ms. Craig presented a history of the discussion of aquatics at the Civic Center site, noting initially the Laguna Ridge Specific Plan and accompanying finance plan identified a community recreation or aquatic center in the plan area. The Laguna Ridge Community Facilities District created an impact fee and capital facility fee to provide funding for a future aquatics facility and other future facilities within the Civic Center. The Civic Center parkland had been acquired over the years, and from 2007 to 2009 input was received during public outreach prioritizing amenities at the Civic Center, including aquatics, and independent regional needs and feasibility studies were conducted. A goal was established to promote the aquatic center as an amenity to attract visitors, driving economic activity through increased transient occupancy and retail sales taxes, and establishing both the competitive tournament facility attraction along with a neighboring commercial recreational use. A user interest group was assembled to identify local aquatics needs and requirements to attract regional competitions. The proposed project encompassed 20 acres at the Civic Center to include an outdoor competition aquatic facility and a recreational outdoor commercial park. The competition aquatic facility would include an Olympic sized pool, a 10 meter dive tower on a second deep lap pool, and covered bleachers and seating to accommodate over 1,000 spectators. The 20 acre site would include parking, open space, and support structures, and was proposed to - be funded with cash from accumulated funds to date. Ms. Craig reviewed the preliminary site plan and projected competitive uses identified for regular training schedules and tournament competitions of the facility. She presented examples of similarly scaled competition facilities. She noted that for the commercial recreational amenity, half of the 20 acres was identified for use, and at this time the City had not  Elk Grove City Council Page 12of17  Regular Meeting, November 14, 2012    identified a specific use, and would await proposals of potential commercial water park or amusement park uses from an operator. Expectations for the commercial amenity included that it complement the sports and tournament facility, would attract over 200,000 visitors annually, and that profits from the commercial component would offset losses in operating the competition facility. Expected operational losses for the competition facility had a range of $200,000 to $500,000 annually, but it was noted the nearest comparative facilities of the caliber proposed had not been built in the last number of years, and the draw of a unique facility could offset costs as well. Ms. Craig detailed the proposed DesignBuld/Operate project delivery model alternative. The traditional standard was to bid each aspect individually, which would expand timeframes for delivery, and potentially could lead to a disconnected project if separate providers contributed to the project but did not coordinate those efforts together. The Design / Build model was an option allowed by state law, and staff recommended receiving proposals from Design/Buid/Operate teams. This alternative allowed award of the contract to the best value proposal, allowing evaluation factors in addition to cost, and would streamline project delivery time and cost. The trade off was less check-in by the City Council on development of the project, and staff recommended early involvement by the City Council to conduct review at a preliminary design stage to ensure a proposed concept substantially conformed with the City vision. To date 20 responses had been received of providers interested in the project (three operators, and the remaining split evenly between builders and designers), and a draft questionnaire had been drafted to identify what teams could qualify to participate in the Request for Proposal (RFP) process. With providers completing the questionnaire, staff would return with an item to certify a shortlist of qualified operators, designers and builders to proceed to the next step. The RFP process would follow many standard protocols of City issued RFPS, however the grading system could have varied evaluation factors, half identified by state law requirements, but the remaining half could be drafted by the City desired factors, such as business and marketing plans and encouragement of value-added aesthetics to construct an attractive facility. The RFPS would be reviewed and return with a recommendation for Council consideration in the spring.  PUBLIC COMMENT:  Nolan Rogers supported the Aquatics Complex, noting current swim teams had few facilities to accommodate needs. He noted that swimming was open to any user and could be enjoyed at any age, not restricted to an individual group as some other sport facilities. Mr. Rogers cited the benefits of recreational and competitive swimming to Matt Kelly supported the process requiring prequalification of contractors to ensure quality providers were identified that would be in compliance with state law, paid proper wages, and provided benefits and apprenticeship standard requirements to their Brenda Smart supported the Aquatics Complex, sharing her experience of the growing demand for swim facilities. She believed the project would serve the demand for  build relationships and community.  employees.  facilities, and yield benefits to the City, residents, and businesses.  Elk Grove City Council Page 13of17  Regular Meeting, November 14,2012    Assistant City Manager Craig responded to questions of the City Council as follows: The proposed dive tower had an estimated cost of $1 million, the RFP could have the dive tower as an alternate item, but noted the dive tower was a unique attraction expected to increase draw and range of activities at the complex; Discussions with the Elk Grove Unified School District (EGUSD) were ongoing to consider contributing EGUSD capital funds to the project, EGUSD was interested in participating to ensure they had access to the facility, but there was no funding The wetland area to the south of the project site had restrictions placed by the Army Corps of Engineers on its use, and would not allow any passive recreation uses that could tie to the project, but a boardwalkviewing area on a segment adjacent to the wetland area would be built (with the majority of the wetland area  commitment at this time; and  tob be fenced in).  Council Member Davis suggested looking at the broader region in considering local vendor preference, though an Elk Grove located business would be ideal. Vice Mayor Hume believed public facilities were an opportunity for the City to deliver projects exceeding state standards, and suggested some level of Leadership in Energy and Environmental Design (LEED) certification be considered for the facility. Mr. Hume cautioned if a best value award be considered versus lowest bid that the City maintain an evaluation measure of total cost for the project to ensure the expenditures of a Council Member Scherman believed additional entertainment facilities were needed in the City, that the aquatics complex would be an excellent amenity, but to look at delivery of other Phase 1 facilities for the Civic Center such as the main library, community center, children's discovery center, and Veterans' Hall. In regard to the viewing area Mayor Cooper supported local vendor preference, expanding to the Sacramento region, but cautioned it not just be qualified by an address, but a presence in the community. Motion: M/S Hume/Scherman to adopt Resolution No. 2012-213 approving: 1) Aquatics Complex Project's Scope; 2) City's Use of an Alternative Procedure for bidding this Project (Design/Build Project Delivery Model based on Best Value to the City); 3) Modification of the City's Design Review Process; and 4) Solicitation for DesignBuld/Operate Vendor Qualifications. The motion passed by the following Agenda Item No. 10.2: Consider resolution approving the Minor Home Repair Program Guidelines and authorizing staff to implement the Program in accordance with  proposed plan were not excessive.  discussed for the wetlands, she requested any signage include braille.  vote: Ayes: 5; Noes: 0.  the terms of the guidelines RECOMMENDATION  Adopt resolution approving the Minor Home Repair Program guidelines and authorizing staff to implement the Program in accordance with the terms of the guidelines.  The verbal staff report was waived.  Elk Grove City Councit Page 14of17  Regular Meeting, November 14,2012    PUBLIC COMMENT: None.  Motion: M/S Hume/Scherman to adopt Resolution No. 2012-214 approving the Minor Home Repair Program guidelines and authorizing staff to implement the Program in accordance with the terms of the guidelines. The motion passed by the following Agenda Item No. 10.3: Receive report on council vacancies and proposed procedures  vote: Ayes: 5; Noes: 0.  int transitioning to the directly elected mayor and provide direction  RECOMMENDATION  Receive report on City Council vacancies and proposed procedures in transitioning to the directly elected mayor, and provide direction as deemed appropriate. Jason Lindgren, City Clerk, provided an overview of the staff report and recommendation. The preliminary election results from the November 6, 2012 election showed Gary Davis as the Mayor-elect. Upon receiving the certified election results, Mayor-elect Davis would assume office on December 12, 2012 vacating the District 4 Council Member seat. A vacancy on the City Council could be filled by one of two options dictated by the Government Code, to either make an appointment, or to call a special election. The City Council had 60 days from the December 12 date of the vacancy to decide which of the two options would be pursued. For either option, the appointed or elected individual would have to qualify for the office (a registered voter residing in District 4). Mr. Lindgren detailed differences of the two options, noting a special election would increase costs and extend the amount of time the seat would remain vacant. To hold a special election, the City would request consolidation of the election with Sacramento County, the first available date would target a June 2013 election. At this time, no other election contests were expected in the Sacramento region for June 2013, and the City would then need to pay the complete stand-alone election cost estimated at $400,000 to $600,000 (consolidated general election costs with the County were much less due to the capacity to distribute election costs amongst all contests at the local, state, and federal levels). The Government Code allowed the City Council to make an appointment for a vacancy, though no process was detailed on how to make the appointment. Staff suggested if an appointment was to be considered that the standard City recruitment process be followed, delineating a deadline for interested persons to submit applications, and then select a meeting date within the 60 Inr reply to Council Member Scherman, Mr. Lindgren noted it was not known for certain that there would be no other contests to consolidate with June 2013, but it was highly unlikely. He noted any jurisdictions considering a June 2013 election would be bringing items forward to consolidate with the County within the next two months. In reply to Council Member Detrick, City Attorney Jonathan Hobbs noted there were no means to restrict or limit the ability of a sitting councimember from running for another  day timeframe for consideration of the appointment.  elected office.  Elk Grove City Council Page 15of17  Regular Meeting, November 14,2012    PUBLIC COMMENT:  Andres Ramos supported appointment rather than calling a special election. He noted earlier in the year the Elk Grove Unified School District went through the appointment process for vacancies on their board, and he believed the process was not inclusive of the public. He asked that in the event an appointment was pursued that the process be open, providing the public an opportunity to get involved. Mr. Ramos suggested adequate time be provided from the time applicants were considered to the date a final decision would be made, and to consider hosting a forum for the public to interact with Michael Monasky supported calling a special election. He believed Council Member Davis had been informed that if he remained in his council seat while running for mayor itcould cause the vacancy dilemma, and he noted the vacancy appointment issue could now occur every two years. Mr. Monasky opposed the concept of standing elected officials making vacancy appointments to elected seats, bypassing the electoral Council Member Scherman noted the seat was vacated mid-term, and supported holding a special election to decide who would be the representative for the remaining Mayor Cooper supported an appointment noting the cost of the special election, and the prolonged vacancy of the seat up to six months without representation awaiting the completion of the special election. Mr. Cooper observed in the recent election cycle that Vice Mayor Hume believed appointment to an elected seat by the standing legislative body undermined the electoral process, but due to cost he was open to considering options. He believed an appointment process by the standing legislative body created the appearance of collusion, and he believed one candidate was already being touted to be appointed to the seat. He believed if the appointment process was pursued that it be used to seek a candidate who would only serve for the remainder of the term, and that Council Member Davis noted vacancies, appointments, and special elections were a regular part of the government process. He observed there had been numerous appointees to various agencies serving Elk Grove, and the continuing service of those appointees to become elected officials was ultimately decided by the voters. Mr. Davis did not believe a pledge to not run for future office was enforceable, but could be a Mayor Cooper believed the public forum should be held separately by a third party group, such as the League of Women Voters, and use the application process to broadcast candidate names for the community to conduct outreach to candidates. The community could then provide feedback to the City Council for consideration of the  the candidates.  process.  two year term.  being an appointed incumbent was not a benefit in many contests.  they take a personal pledge not to run for reelection.  question to ask during the process.  appointment.  Elk Grove City Council Page 16of17  Regular Meeting, November 14,2012    The City Council, by consensus (Scherman no), authorized a recruitment for the pending vacancy of the Council District 4 seat, setting an application deadline for January 2, 2013, with first consideration for appointment to occur at the regular meeting of January 9, 2013, and requesting coordination with a third party to hold an applicant forum for the community to review applicants prior to the appointment consideration.  Agenda Item No. 10.4: Review Council Ad Hoc Committees Review and provide direction on Council Ad Hoc Committees.  RECOMMENDATION  Jason Lindgren, City Clerk, provided an overview of the staff report and  recommendation. PUBLIC COMMENT: None.  The City Council received and filed the report, confirming the two ad hoc committees (the Economic Development and State Legislative Discussions ad hoc and the Sphere  of Influence Amendment Application ad hoc) would continue.  ADJOURNMENT  With no additional business to conduct, the November 14, 2012 regular City Council  meeting was adjourned at 9:14 p.m.  AONUOGRENSIYCER h  ATTEST:  Zrbss  Elk Grove City Council Page 17of17  Regular Meeting, November 14,2012