CITY OF ELK GROVE Incorporated. July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, October 24, 2012  REGULAR MEETING  CALL TO ORDER/ROLLCALL  Mayor Cooper called the regular City Council meeting of October 24, 2012 to order at  6:06 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/Scherman 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 the Annual Mayor's Volunteer Awards, and recognized  recipients as follows: Mention Certificates;  Matthew Jumamoy and David Huleva were presented with Honorable Maria Kang and the Elk Grove Police Activities League were presented with awards in the category of Residents, Neighborhoods and Community Groups; Rich Tupin and Dale Miller were presented with awards in the category of John Hanrahan was presented with the award in the category of Arts, Culture Michael Jones was presented with the award in the category of Children and Billy Daniels was presented with the award in the category of Sports and Matthew Banicki was presented with the award in the category of Young  Social and Community Services;  and Heritage; Youth Support; Recreation; and Volunteer of the Year  PUBLIC COMMENT  Nikki Carpenter stated she had attempted to set up a meeting for three months for the community group Elk Grove GRASP with Council Member Davis regarding the Sphere  Elk Grove City Council Regular Meeting, October: 24,2012 Page1of10    of Influence (SOI) application. She believed the City Council and staff were Jackie Lewis presented a plaque to Mayor Cooper thanking the City for its continuing Judy Crandall requested consideration of an ordinance to prohibit alcohol, drug, and tobacco advertising on billboards in the vicinity of schools, churches, residential areas and day care centers, providing an example ordinance (filed) from the City of Oakland. She noted a billboard (picture filed) advertising alcohol near the Kerr Middle School parking lot. Ms. Crandall stated she wrote a letter to the business owner of the building who contacted the billboard sign owner, and subsequently the advertisement was Charlie Zamora thanked the City for its support for the Annual Fittest of Elk Grove Competition /Wellness Fair event, noting $12,500 was raised for the Elk Grove Police  purposefully not addressing the SOI until after the election season.  support of the Strauss Festival of Elk Grove.  removed from the billboard.  Activities League.  Note: Council Member Scherman left at 6:38 p.m. GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the October 24, 2012 Administrative Report (filed).  COUNCIL COMMEMTE/REPORTEINTURE AGENDAITEMS  Council Member Detrick reported presenting a proclamation recognizing October 18 as Conflict Resolution Day, attended the opening of the Vintage at Laguna 2 senior Vice Mayor Hume attended the Sacramento Regional Transit District (RT) Board meeting which authorized issuance up to $100 million in bonds, primarily for the completion of the South Sacramento Corridor Phase 2 Blue Line. He commended RT and Elk Grove staff for maintaining the bus fleet of e-tran to meet ridership needs. He attended a Mayors and Board Chair Forum and attended the Vintage at Laguna 2 grand opening. Mr. Hume requested a future agenda item to enact a cost recovery mechanism regarding criminal behavior, citing examples to attain cost recovery in Council Member Davis attended Annual Teen Town Hall Forum hosted by the Youth Mayor Cooper reported the Sacramento Regional County Sanitation Board of Directors meeting received a brief update, and the Sacramento Area Sewer District discussed the City Attorney Jonathan Hobbs confirmed direction from the City Council to return an item for discussion regarding advertising prohibitions on billboards within the City. Note. Item 8.12 was considered separately from the consent calendar as follows:  apartments, and attended the Fittest of Elk Grove Competition event.  relationship to matters of gang activity, graffiti, and domestic violence.  Commission.  budget for the upcoming year.  CONSENT CALENDAR ITEMS  Elk Grove City Council Regular Meeting, October 24,2 2012 Page2of10    Agenda Item No. 8.12: Adopt resolution approving an Inter-Fund Loan Agreement from the Drainage Fund to the General Fund of $1,000,000 for a ten year term for the purchase of 4.4 acres of land along Elk Grove Boulevard (identified by Assessor Parcel Numbers 134-0010-028,134-0010-064, and 125-0243-023) from Union Pacific Railroad, amending the Fiscal Year 2012-13 Budget and 2012-17 Capital Improvement Program, Council Member Detrick addressed the land acquisition of Item 8.12. He noted that over $12 million had been spent by the City over the last five to six years in the Old Town area. He noted his support of Old Town through patronage of the businesses, but he did not support the recommendation to spend $1 million fori this land acquisition. Council Member Davis believed the land acquisition in question met requirements to provide a central amenity in the form of a plaza type environment for Old Town, and such a use was needed and had been contemplated under studies done by the County of Sacramento prior to incorporation. He saw the area as an opportunity to enhance City Manager Gill noted the Drainage Fund maintained a $12 million balance. The Public Works Department was programming funding to start implementing the Drainage Master Plan, and at this time it was determined the $1 million would be paid back in Mayor Cooper inquired if funding this acquisition from the Drainage Fund would adversely affect development opportunities in other areas of the City, citing the regional City Manager Gill noted the City had flexibility to program funding, and the City had the ability to commence implementing the Drainage Master Plan, to procure this property, Council Member Detrick believed the land acquisition would lead to other expenditures, such as other items coming up on the agenda of the ice skating rink and related propenyimprovements, and increasing funds would continue to be invested at the site. City Manager Gill stated that taking ownership of the property provided the City control to determine future uses on how to program use of the property. Ifa acquired, staff would  and authorizing the closing of escrow on the purchase of the property  events, festivals, and activities in the Old Town area.  time to continue programming for drainage activity.  mall and a potential soccer complex.  and to procure land for a soccer complex as estimated at this time.  return a discussion on how to develop and utilize the property.  PUBLIC COMMENT  Paula Maita believed the property was an asset that would benefit the community. She questioned how private investors would utilize the property if it went for sale on the open market, and believed a public amenity was the best use. She believed the cost of the property was reasonable, the site was ideal for public events, and as a central gathering area little investment would be needed to create an inviting plaza atmosphere. Mayor Cooper voiced support for the land acquisition, but held reservations regarding  additional future costs and investments at the site.  Elk Grove City Council Regular Meeting, October 24,2012 Page 3of10    Motion: M/S Hume/Davis to adopt Resolution No. 2012-183 approving an Inter-Fund Loan Agreement from the Drainage Fund to the General Fund of $1,000,000 for a ten. year term for the purchase of 4.4 acres of land along Elk Grove Boulevard (identified by Assessor Parcel Numbers 134-0010-028,134-0010-064, and 125-0243-023) from Union Pacific Railroad, amending the Fiscal Year 2012-13 Budget and 2012-17 Capital Improvement Program, and authorizing the closing of escrow on the purchase of the property. The motion passed by the following vote: Ayes: 3; Noes: 1 (Detrick); Motion: M/S Davis/Hume noting removal of Item 8.12 as it was previously considered, and to approve the remainder of the Consent Calendar as presented. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Scherman). Agenda Item No. 8.1: Received August 2012 Treasurer's Report  Absent: 1 (Scherman).  Agenda Item No. 8.2: Received Automatic Clearing House Nos. 5908 through 6020 dated September 1, 2012 through September 28, 2012, General Warrant Nos. 67306 through 67831, and Electronic Fund Transfer Nos. 2013051 through 2013065 Agenda Item No.8.3: Approved City Council Meeting Minutes of July 25, 2012 special 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  meeting  Purchasing, filed through October 17, 2012  Bids  Agenda Item No. 8.6:  Resolution No. 2012-184 adopted authorizing the City  Manager to accept grant funding from the Sacramento Urban Area Security Initiative for the purchase of satellite and mobile radios and amend Fleet Services' Fiscal Year 2012-  13 budget in the amount of $10,909 Agenda Item No. 8.7:  Resolution No. 2012-185 adopted authorizing the City Resolution No. 2012-186 adopted finding the Library Stair  Manager to execute a Joint Use Easement Agreement with the Cosumnes Community Services District for the Elk Grove Creek Trail Crossing at State Route 99 Project and Exterior Waterproofing Refurbishment Project (WFM001) 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 Triumph Construction Group in an amount not-to-exceed $34,460; and authorizing the City Engineer to approve change orders in an amount not-to-exceed $11,000  Agenda Item No. 8.8:  Agenda Item No. 8.9:  Resolution No. 2012-187 adopted finding the Rooftop  Water Heater Replacement Project (WFAC01) exempt from the California Environmental Quality Act and directing the filing of a Notice of Exemption, authorizing the City Manager to determine the responsible bidder submitting the lowest responsive bid and execute a construction contract with an appropriate contingency in a total  amount not-to-exceed $50,000  Elk Grove City Council Regular Meeting, October 24, 2012 Page 4of10    Agenda Item No. 8.10: Resolution No. 2012-188 adopted waiving the requirements of Section 3.42.180 of the Elk Grove Municipal Code and authorizing the City Manager to execute an agreement with Wildlands, Inc. for the purchase of Giant Garter Snake habitat conservation credits for the Elk Grove Creek Trail Crossing at State Route 99 Agenda Item No. 8.11: Authorized recruitment to fill one vacancy for a member position on the Sacramento Human Rights/Fair Housing Commission Advisory Board Note: Item 8.12 was considered separately from the consent calendar as noted above. Agendalem.Ne812 Adep-reselon-aPpMPPaP-Re-Fumd-loan-Agyrement om.ine-Dainage-fundbteGeesirunsa'sp000.era-enyeariemorine purcha88-0H44-aersdHandaongeKGRewe-BOwevane(gentedbyA8ses8oFParse: Numbers-434-0010-028,434.0910.084,3n-1250243-023)OmUMORPasife-Ralread, amending-the-FIca-vear2012012-3-Buegerand-2012-47-CapH3-RPrOvemRntPregram, Agenda Item No. 8.13: Resolution No. 2012-189 adopted authorizing the City Manager to execute a VALIC Governmental Volume Submitter Plan for retirement Agenda Item No. 8.14: Resolution No. 2012-190 adopted authorizing the Mayor to execute Amendment No. 2 to the Employment Agreement with Jason Lindgren for the Agenda Item No. 8.15: Resolution No. 2012-191 adopted authorizing the City Manager to execute the Third Amendment to City of Elk Grove Commuter, Fixed Route, ADA Complementary Paratransit and Dial-A-Ride Operations and Maintenance  Project in the amount of $147,350  and-authorzingtne-clesingeFescrowOntne-purgna8e-OFtne-propery  contributions for part-time and temporary employees  position of City Clerk  Agreement with MV Transportation, Inc  PUBLIC HEARINGS None.  REGULAR AGENDA ACTIONITEMS/RECOMMENDATIONS Ehrhardt Channel and Shed B Channel as Franklin Creek  Agenda Item No. 10.1: Consider resolution officially naming Shed A Channel as  RECOMMENDATION Channel as Franklin Creek.  Adopt resolution officially naming Shed A Channel as Ehrhardt Channel and Shed B With the aid of an overhead presentation (filed), Darren Wilson, Engineering Services Manager, provided an overview of the staff report and recommendation. Earlier in the year the City Council requested staff to explore the naming of the Shed B Channel, and the Shed A Channel was included under the process. The Elk Grove Facility Naming Policy was used as a guide, and a naming committee was formed including one member from the Historic Preservation Committee, one member from the Trails Committee, and one staff member each from the Planning and Public Works  Elk Grove City Council Regular Meeting, October: 24,2012 Page 5of1 10    Departments. The naming committee met twice and suggested names bearing historical significance, recommending Ehrhardt Channel for the Shed A Channel, named after the Ehrhardt Family who were large landowners along Elk Grove Boulevard, mostly the south half between Bruceville Road and Franklin Road, and Franklin Creek for the Shed B Channel as the creek meandered through what was known in the 1800s as the Franklin Township. Mr. Wilson noted there was no definitional difference in naming one a creek and one a channel, and the naming committee selected different terms to further differentiate the previously unnamed  drainage channels. PUBLIC COMMENT: None.  Motion: M/S Detrick/Davis to adopt Resolution No. 2012-192 officially naming Shed A Channel as Ehrhardt Channel and Shed B Channel as Franklin Creek. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Scherman). Agenda Item No. 10.2: Consider resolution dispensing with the formal request for proposal procedures to execute a contract with Ice Unlimited, LLC to operate a temporary outdoor ice skating rink in Old Town Elk Grove, and amending the Fiscal  Year 2012-13 Budget RECOMMENDATION  Adopt resolution dispensing with the formal request for proposal procedures to execute a contract with Ice Unlimited, LLC to operate a temporary outdoor ice skating rink in Old With the aid of an overhead presentation (filed), Heather Ross, Economic Development Coordinator, provided an overview of the staff report and recommendation. A seasonal ice skating rink was proposed to be located in the Old Town area on the land authorized for purchase under the prior Item 8.12. The ice skating rink would complement the upcoming Dickens' Faire and holiday season, and serve as a destination amenity to bring increased patronage to the Old Town area. Staff had identified an operator, estimated work needed to prepare the site, and researched advertising and promotional opportunities. The item was contingent upon closing escrow on the property and executing a contract with the operator. Ms. Ross provided an overview of the location, layout, parking, and hours of operation for the ice skating rink. She noted it would be open from November 17 through January 21. Staff requested the standard Request for Proposals process be waived due to time constraints to get an ice rink operable prior to the holidays. Budgetary considerations included initial outlay to prepare the site, and funding for water and utilities. A revenue sharing structure was included in the contract, but staff did not anticipate the project to be a revenue generating option for the City and would likely incur some loss, dependent on the number of visitors to the ice rink. A supplemental staff memo (filed) was presented for consideration that detailed revisions Mayor Cooper supported a seasonal ice skating rink, but believed it should be located in an existing shopping center providing better vehicular access, traffic control, parking,  Town Elk Grove, and amending the Fiscal Year 2012-13 Budget  requested toi the contract.  Elk Grove City Council Regular Meeting, October 24, 2012 Page 6of10    and existing amenities (both for reduced site preparation and proximity to shopping). He believed the currently proposed location in Old Town had numerous unknown factors in trying to close escrow and provide site improvements, and traffic and circulation would become an issue at the proposed site. Mr. Cooper believed the amenity would draw crowds impacting parking, traffic, and security issues. Economic Development Director Randy Starbuck noted an issue faced by outdoor ice skating rinks was leaf debris from trees, and ideal sites included large open spaces with adequate clearance from neighboring trees. He noted options were being considered to provide additional bus routes servicing the site to help offset parking and traffic demand. Vice Mayor Hume observed that the Old Town location would be controlled by the City minimizing liability issues and providing expediency to get the amenity operational by the upcoming holiday season. He believed the atmosphere of Old Town would complement a seasonal ice skating rink, and within the environs of the site and Old Town there was ample parking space to address traffic and parking concerns. He believed the proposed site would serve well as a trial run for offering the amenity this year, but believed the current contract was too generous in favor of the operator.  PUBLIC COMMENT:  Kristi Peck, speaking as a business owner in Old Town, supported an ice skating rink in Old Town, believing it would be a draw of customers to the area and a positive Assistant City Manager Craig replied to inquiries of the City Council regarding the The operator required an initial outlay to provide the cash flow to bring his Staff had renegotiated the contract to provide an incentive through the revenue sharing structure for the operator to continue to stay interested for the length of Though some cities had relied on business associations, business improvement districts, or redevelopment areas to fund similar seasonal amenities, there were several cities that did not have access to such financing alternatives, and cited Rancho Cordova as a city that provided a seasonal ice skating rink via a The current contract required the operator to have security on-site.  recreational amenity for the community. proposed contract as follows:  equipment, materials, and employees to establish the site;  operations of the facility;  contracted operator;  Police Chief Robert Lehner stated the projected need for police to patrol the site would ultimately be based on what kind of crowd was drawn to the amenity. He anticipated that private security could likely handle covering regular operations of the site, with the exception of the proposed extended hours of operation on New Year's Eve which would Rob Porter, owner of Ice Unlimited, LLC, stated the cost was approximately $80,000 to set up and take down the site. He anticipated the site would draw 22,000 skaters. He noted in his history of operating seasonal ice skating rinks he had never encountered security issues, nor ever had to call the police or have to address crowd control. He  likely require some coverage from the Police Department.  Elk Grove City Council Regular Meeting, October: 24,2012 Page7of10    stated he had some employees he would bring with him, but the majority of workers at any given site often were local high school students. Mr. Porter liked the location in Old Town and believed the amenity would be a benefit to draw customers to the area. Mayor Cooper believed that the contract terms should be more equitable between the City and the contractor. He supported the Old Town site for this year, but noted if excess costs and traffic became problematic an alternative site should be considered in Vice Mayor Hume noted in discussions with other city officials whose agencies hosted seasonal ice skating rinks that consistency in the location promoted return of annual customers who became familiar with when and where the amenity was offered. The City Council discussed options to make the revenue sharing structure more equitable, and Mayor Cooper recommended taking a brief recess to provide time for NOTE: The City Council recessed at 7:51 p.m. The regular City Council meeting Mr. Starbuck summarized discussion with Ice Unlimited, LCC detailing $80,000 would be advanced by the City for set up of the site, the first $50,000 of ticket sales would go tot the operator, and after the initial $50,000 threshold revenues would be split at a rate of 65% going to the operator, and 35% going to the City, with no cap as to the amount of gross revenue for each party. An amount of $5,000 would be retained by the City to be paid to the operator once the site was clean after the rink closed. Mr. Starbuck noted sales advertising and exploration of sponsorships could bring additional revenue Council Member Detrick supported the idea of a seasonal ice skating rink, but did not support the contract proposal, believing the City's exposure and investment were too Mayor Cooper supported providing the amenity, but believed that beyond projected expenses there would be additional costs in providing additional transit service, traffic control, and police services. He requested that if the project moved forward that a full Motion: M/S Hume/Davis to adopt Resolution No. 2012-193 dispensing with the formal request for proposal procedures to execute a contract with Ice Unlimited, LLC to operate a temporary outdoor ice skating rink in Old Town Elk Grove, amending the Fiscal Year 2012-13 Budget, and amending the contract to include those changes as proposed under the supplemental staff memo, clarifying the City would advance $80,000 for the operator to set up the site, the first $50,000 of gross revenues would go to the operator, thereafter gross revenues would be split at a rate of 65% going to the operator, and 35% going to the City (with no cap as to the amount of gross revenue for each party), and an amount of $5,000 would be retained by the City to be paid to the operator once the site was clean after the rink closed. The motion passed by the following vote: Ayes: 3; Noes: 1 (Detrick); Absent: 1 (Scherman). Agenda Item No. 10.3: Economic Development Program Quarterly Report  future years.  staff to discuss with the operator modified contract terms. reconvened at 8:01 p.m. with Council Member Scherman absent.  to the City.  high and the risk not shared equitably with the operator.  cost report return for City Council review.  Elk Grove City Council Regular Meeting, October 24, 2012 Page 8of10    RECOMMENDATION  Receive report on economic development activities for the Third Quarter of 2012, covering staff activities at trade shows and marketing events, new business openings, assistance program activities and potential economic development issues and future With the aid of an overhead presentation (filed), Randy Starbuck, Economic Development Director, provided an overview of the staff report and recommendation. He commenced with the opening of the Dignity Medical Office Building, noting a larger medical facility project would follow in the surrounding area of the facility. Construction activity included finalization of the California Correctional Health Care Services facility building and continuing construction of the Cosumnes River College Elk Grove satellite campus. He detailed efforts in outreach to priority tiers of target industries, including eight Tier 1 firms, three Tier 2 firms, and four Tier 3 firms, along with contact to two developers and eight potential partnerships. Regarding retention and expansion staff had met with four businesses providing direction about operating in Elk Grove, provided development assistance to the California Northstate University College of Pharmacy (looking to open a medical school, pharmacy school, and potential research lab as part of that facility), and met with representatives regarding the vacant center that had resulted from the closure of the Bel Air market on Elk Grove Boulevard. The City and the Elk Grove Economic Development Corporation (EGEDC) had formed workforce, capital formation, and real estate working groups. The City participated in the Elk Grove Chamber of Commerce's Small Business Expo, launched the California Property Assessed Clean Energy (PACE) Program and publicized and conducted outreach to the small business community of recent City Council actions relative to business license fee reductions and increased flexibility on impact fees. Regional marketing included participation in UC Davis Agriculture and Food Research Program, the "Critical Conversation" event comprising a discussion at community colleges regarding workforce training and preparedness, and the Sacramento Regional Technology Alliance (SARTA) MedStart initiative activities to foster a medical device and medical technology industry in the Sacramento region. He noted efforts continued to generate anchor tenant interest in the regional mall, and noted a meeting with the Minister for Enterprise, Trade and Investment for the government of Northern Ireland. He provided economic data on vacancy rates, noting a sizable drop in office vacancy rates in Elk Grove. Mr. Starbuck concluded with a review of current initiatives: starting a new "e- marketing" program, continuing the site selector program and proposals for the "mock site visit", continued coordination with the EGEDC regarding the site inventory and site compatibility for targeted types of industries, additional tools to assist small businesses, and assistance with the Southeast Planning Area to provide for improved economic development in the plan area, including factors to support a research park. In reply to City Council inquiries Mr. Starbuck noted the following:  opportunities from July through September 2012.  The City maintained a positive relationship with the Sacramento Area Commerce and Trade Organization (SACTO), receiving monthly updates on economic development opportunities arising in the region, and SACTO was responsive to requests of the City. He noted the City was actively involved in SACTO's Next  Economy discussions;  Elk Grove City Council Regular Meeting, October 24, 2012 Page 9of 10    Feedback from the small business community focused on what assistance the City could provide, and Mr. Starbuck stated the City's capacity to provide direct assistance was limited by law. He detailed that staff often served as facilitators, using their knowledge base to direct small businesses to other available The City was not eligible for status as an Enterprise Zone as it did not meet  resources;  unemployment or poverty level requirements.  City Manager Gill addressed that the City was compiling stock video clips and promotional videos highlighting quality of life elements of Elk Grove. She noted that a possibility through the Next Economy initiative was the ability for the Sacramento region to become eligible for grant funding through the United States Department of Commerce, and through efforts to work collaboratively with the region, the City could  benefit from such funding. PUBLIC COMMENT:  Greg Higley thanked staff efforts in promoting economic development, but believed elected City officials needed to be more proactive in interacting with the business community. He believed City processes in addressing business owners' issues were time consuming and çumbersome. Mr. Higley believed numerous other communities had expedient processes that aided local business owners, and offered his assistance to discuss policies to expedite customer service to the business community.  The City Council reçeived and filed the report.  The City Council convened to the special meeting at 8:30 p.m. The regular City Council meeting reconvened at 8:31 p.m. with Council Member Scherman absent.  ADJOURNMENT  With no additional business to conduct, the October 24, 2012 regular City Council meeting was adjourned in memory of Dr. Arnold Raymond Lewis at 8:31 p.m.  BEh JASON LINDGREN, eITY CLERK  Tis  Eik Grove City Council Regular Meeting, October 24, 2012 Page 10of10