CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, September 26, 2012  REGULAR MEETING  CALL TO ORDER/ROLL CALL  Mayor Cooper called the regular City Council meeting of September 26, 2012 to order  at 6:01 p.m. Present: Absent:  Mayor Cooper, Council Members Detrick and Scherman. Vice Mayor Hume and Council Member Davis (Vice Mayor Hume arrived at 6:04 p.m., and Council Member Davis arrived at 6:03 p.m.)  Mayor Cooper led the Pledge of Allegiance. Note: Council Member Davis arrived at 6:03 p.m. Mayor Cooper asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Detrick/Cooper to approve the agenda as presented. The motion  passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Hume).  Note: Vice Mayor Hume arrived at 6:04 p.m.  CLOSED SESSION None. None.  PRESENTATIONS/ANNOUNCEMENTS  PUBLIC COMMENT  Humbert Lechner believed the contract for red light photo enforcement with Redflex Traffic Systems, Inc. (Redflex) had motives for profit as a production line ticketing system and not for citizen safety. He stated the contracted firm had encountered backlash from other communities and several jurisdictions had dropped their respective contracts with Redflex. Mr. Lechner cited issues with photo enforcement ticketing in courts, including high fines and the ability to subpoena officers that reviewed the Greg Higley voiced support for reasonable placement of aesthetic landmark monument signs along the major expressway corridors of State Route 99 and Interstate 5. He believed such signage would benefit local businesses and aid travelers in navigating safely to services offered in the City. Mr. Higley offered, if such signage was allowed, to consider adding cameras at the top of such signs for the police department to monitor  enforcement videos.  the main access points of the City.  Elk Grove City Council Page1of10  Regular Meeting, September 26,2012    Ed Owen expressed his opposition to the Sphere of Influence (SOI) application citing current vacancies within the commercial retail and industrial spaces in the existing City limits. He referenced that a land plan had been drafted by development interests in 2004 oft the area east of the existing City boundary, designed for residential uses.  GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the September 26, 2012 Administrative Report (filed).  COUNCIL COMMENTS/REPOREPORTS/FUTURE AGENDA ITEMS  Council Member Detrick attended the Street Food Fest held on September 16, which included a fundraiser event benefitting the Elk Grove Police Activities League. He attended the third Annual Fittest of Elk Grove compelton/weiness Fair event, where net proceeds benefitted the Elk Grove Police Activities League, noting in the previous year $12,000 was raised by the event for the Elk Grove Youth Sports Foundation. Vice Mayor Hume had nothing to report for the Sacramento Regional Transit District (RT) Board, but commended the collaboration of City and RT staff to ensure enough vehicles were available for the e-tran system to maintain service levels when the City fleet was encountering a recent shortage of operable vehicles. He reported the Capital SouthEast Connector Joint Powers Authority Board meeting discussed financing and generating revenue for the project, and were exploring tolling on the section between State Route 99 and Interstate 5, which he felt was at cross purposes to benefits being cited of the project to the community of Elk Grove. He attended the Sacramento Regional County Sanitation Board of Directors meeting which discussed emergency flood improvements to West Sacramento station. Mr. Hume noted he continued to Council Member Davis attended the Sacramento Area Council of Governments (SACOG) meeting and a tour regarding the Rural-Urban Connection Strategy, an effort to promote economic and environmental sustainability strategies for the region, such as local consumption of locally grown produce. He met with two members of the Trails Committee and discussed that trails be inclusive of multiple modes of transport, that better connectivity be implemented of the trails system, and that the opportunity for early development review by the Trails Committee be incorporated for proposed development plans. Mr. Davis attended the Elk Grove Teens In Action event hosted by the Elk Grove Community Connection on September 13, noting 40 high school students attended receiving background and information on local government operations. Council Member Scherman reported for the Sacramento Public Library Authority attending three audit budget committee meetings, and a meeting on the EDGE Initiative which was a pilot program to develop benchmarks to evaluate and improve on the quality of public library technology equipment and services. She attended flag retirement ceremonies hosted by Elks Lodge No. 2577 displaying the proper way to dispose of an American flag, and attended the 5th annual POW/MIA Remembrance Ceremony hosted by Elk Grove American Legion Post No. 233. She spoke at the Cosumnes River College Organizational Communications class on topics of leadership  receive concerns relating to traffic around local high schools.  Elk Grove City Council Page2of10  Regular Meeting, September 26, 2012    and involvement in government. Mrs. Scherman requested regulations on political signs be reviewed after the November 2012 election, and in the interim requested that code enforcement actions cease against private property owners when noncompliant political signs were identified on their property, and that staff only pursue action against Council Member Detrick inquired if current enforcement actions were also being pursued on political signs for regional and state offices, noting such campaigns may have signs compliant with Sacramento County sign regulations but not with City sign regulations. He noted that with the day of the election approaching soon, he did not feel it was appropriate to pursue enforcement actions or consider alternative policies on political signs on either property owners or candidates until after the election. The City Council gave direction by.. consensus (Council Member Davis noted his abstention from the discussion as he had an active campaign for the November 2012 election) that code violations related to nonconforming political signs against property owners not be pursued, and to return an item after the election season to consider  the political candidate of the sign.  updating the sign code in relation to political signs.  CONSENT CALENDAR ITEMS PUBLIC COMMENT None.  Motion: M/S Hume/Detrick to approve the Consent Calendar. The motion passed  by the following vote: Ayes: 5; Noes: 0.  Agenda Item No. 8.1: Received July 2012 Treasurer's Report regular meeting, and 2) May 9, 2012 regular meeting  Agenda Item No. 8.2: Approved City Council Meeting Minutes: 1) April 11, 2012 Agenda Item No. 8.3: Received report on City Manager approved purchases and contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and Agenda Item No. 8.4: Received report on Requests for Proposals, Qualifications, and Agenda Item No. 8.5: Received Biennial Notice of Intention to amend the Elk Grove  Purchasing, filed through September 19, 2012  Bids  Conflict of Interest Code Agenda Item No. 8.6:  Resolution No. 2012-164 adopted authorizing the City  Manager to execute a New Public Highway Overpass Crossing Agreement with Union  Pacific Railroad Company for the Grant Line Road Widening Project  Agenda Item No. 8.7:  Resolution No. 2012-165 adopted authorizing the City  Manager to accept program funding from the U.S. Department of Justice Drug Enforcement Administration to implement a strategic enforcement initiative as part of  Elk Grove City Council Page 3of10  Regular Meeting, September 26, 2012    the Organized Crime Drug Enforcement Task Force and amend the Police  Department's Fiscal Year 2012-13 budget in the amount of $30,000  Agenda Item No. 8.8:  Resolution No. 2012-166 adopted authorizing the City  Manager to submit an Allocation Request for $163,012 to the California Department of Transportation (Caltrans) for Public Transportation Moderization, Improvement, and Service Enhancement Account (PTMISEA) funds to reimburse the City for expenses  incurred in the purchase of a 40-foot Transit Bus in Fiscal Year 2011  Agenda Item No. 8.9:  Resolution No. 2012-167 adopted declaring intention to:  1)annex territory to Community Facilities District No. 2006-1 (Maintenance Services) and to levy a special tax to pay for certain landscaping and maintenance services (Annexation No. 23); 2) Resolution No. 2012-168 adopted declaring intention to annex territory to Community Facilities District No. 2003-2 (Police Services) and to levy a special tax to pay for infrastructure and police services (Annexation No. 22); and 3) Resolution No. 2012-169 adopted declaring intention to levy Street Maintenance  District No. 1, Zone 3-G (Annexation No. 18)  PUBLIC HEARINGS  Agenda Item No. 9.1: A continued public hearing (from September 12, 2012) to consider resolutions updating the Elk Grove Roadway Fee and the Capital Facilities Fee Program Nexus Studies - 2009 Updates to assign specific business use types to certain  broadly defined fee categories RECOMMENDAION  Adopt two resolutions updating: 1) the Elk Grove Roadway Fee Nexus Study = 2009 Update, and 2) the Capital Facilities Fee Program Nexus Study - 2009 Update, to assign specific business use types to certain broadly defined fee categories. With the aid of an overhead presentation (filed), Andrew Keys, Assistant to the City Manager, provided an overview of the staff report and recommendation. The City Council directed staff at the July 25 meeting to make modifications to the assessment methodology for the application of City impact fees on industrial change in use projects. Mr. Keys clarified there was no change to actual fee rates, and he reviewed the fee programs administered by the City displaying other fee programs that the City collected on behalf of other agencies, noting the updates tonight would apply only to the Roadway Fee and Capital Façilities Fee Programs. He noted the Affordable Housing and Very Low Income Housing Trust Fund Fees were not being addressed at this time as those fee nexus studies were in process of being updated. He reviewed the current process to assess change in use impact fees which was based on broadly defined categories, not an actual analysis of the impact for a particular business. The new process would conduct a similar initial review for occupancy matches, but if there was a change in use the matrices proposed under the action tonight would be utilized to either identify no fee would be assessed, a Nexus rate be applied, or a specialty calculation be performed. He noted the industrial site analysis by the Planning Department was currently in process, and may potentially recommend modifications to allowable uses in industrial zones, in which case updates to the proposed matrices would also be brought  Elk Grove City Council Page 4of10  Regular Meeting, September 26, 2012    forward. Mr. Keys noted that the proposed plan could incentivize alternative use businesses to locate in industrial zones and potentially limit the availability of zoned Assistant City Manager Rebecca Craig stated an outreach meeting was held with commercial and industrial property owners who supported the proposed programs, and the industry working group was made aware of the proposals and meeting but had not  sites for future industrial development.  shown an interest in participating.  Mayor Cooper declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Cooper declared the public hearing closed.  Motion #1: M/S Hume/Detrick to adopt Resolution No. 2012-170 updating the Elk Grove Roadway Fee Nexus Study - 2009 Update to assign specific business use types to certain broadly defined fee categories. The motion passed by the following vote: Motion #2: M/S Hume/Detrick to adopt Resolution No. 2012-171 updating the Elk Grove Capital Facilities Fee Program Nexus Study - 2009 Update to assign specific business use types to certain broadly defined fee categories. The motion passed by Agenda Item No. 9.2: A public hearing to consider a resolution approving the 2011-12  Ayes: 5; Noes: 0.  the following vote: Ayes: 5; Noes: 0.  Consolidated Annual Performance and Evaluation Report  RECOMMENDATION and Evaluation Report (CAPER). and recommendation.  Adopt resolution to approve the Fiscal Year 2011-12 Consolidated Annual Performance Sarah Bontrager, Housing Program Manager, provided an overview of the staff report Inr reply to Council Member Scherman, Ms. Bontrager noted that if the Elk Grove Adult Community Training (EGACT) construction project wanted to include installation of a dishwasher, the matter would have to be brought back for consideration as it was not part of the original scope of the project, and she suggested the item be included as an  amendment to the 2012-13 plan.  Mayor Cooper declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Cooper declared the public hearing closed.  Elk Grove City Council Page 50 of 10  Regular Meeting, September 26, 2012    Motion: M/S Hume/Scherman to adopt Resolution No. 2012-172 approving the Fiscal Year 2011-12 Consolidated Annual Performance and Evaluation Report (CAPER). The motion passed by the following vote: Ayes: 5; Noes: 0. Agenda Item No. 9.3: A public hearing to consider introduction of an ordinance amending portions of Elk Grove Municipal Code Title 23 (Zoning) related to  Recreational Vehicle, Trailer, and Vessel Parking The Planning Commission recommends (4-0):  RECOMMENDATION  1) Adopt resolution finding the proposed amendments exempt from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, 2) Introduce and waive the full reading, by substitution of title only, an ordinance amending portions of Elk Grove Municipal Code Title 23 related to Recreational With the aid of an overhead presentation (filed), Sarah Kirchgessner, Planner, provided an overview of the staff report and recommendation. The proposed changes would allow recreational vehicle (RV), trailer, and vessel parking in all neighborhoods that that such a use was established prior to August 11, 2006 (the effective date of the comprehensive City Zoning Code updates) under a nonconforming policy. Discontinuance of the use for a year or more would terminate the nonconforming status.  Section 15061 (b)(3), Title 14, Division 6, Chapter 3; and  Vehicle, Trailer, and Vessel Parking  Mayor Cooper declared the public hearing open.  PUBLIC COMMENT:  Robert Faulkner voiced support for the staff recommendation. Mayor Cooper declared the public hearing closed.  Motion #1: M/S Hume/Detrick to adopt Resolution No. 2012-173 finding the proposed amendments exempt from the California Environmental Quality Act (CEQA) pursuant to the Califomia Code of Regulations, Section 15061 (b)(3), Title 14, Division 6, Chapter 3. The motion passed by the following vote: Ayes: 5; Noes: 0. Motion #2: M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 19-2012 amending portions of Elk Grove Municipal Code Title 23 related to Recreational Vehicle, Trailer, and Vessel Parking. The motion  passed by the following vote: Ayes: 5; Noes: 0.  REGULAR AGENDA ACTIONITEMS/RECOMENDATIONS  Agenda Item No. 10.1: Consider resolution declaring certain City-owned real properties to be surplus, finding that disposition of the properties by listing with a qualified broker is in the best interest of the City and directing such listing be conducted ina a manner to ensure a competitive bid process for the disposition of real properties Adopt resolution declaring certain City-owned real properties to be surplus, find that disposition of the properties by listing with a qualified broker is in the best interest of the  RECOMMENDATION:  Elk Grove City Council Page 6of10  Regular Meeting, September 26, 2012    City, and direct staff to sO list the real properties, in a manner to ensure a competitive Julie Cline, Real Property Manager, provided an overview of the staff report and recommendation. Staff had conducted an inventory of all City owned properties, identifying six properties as potential surplus land no longer needed for City use. Five of the properties were required as part of the Sheldon Road /S State Route 99 Interchange Project, the sixth property was a remnant piece of land remaining after the realignment of Bond Road at Grant Line Road. If the properties were declared surplus, an independent appraisal would be conducted for each property and the properties would be offered for sale, first to local public agencies before being made available on the open market. In the event the City did not receive a response from local agencies, staff recommended listing the properties with a qualified broker in order to reach a broad market of potential buyers, including making contact with adjoining property owners. Inr reply to Council Member Davis, staff confirmed that any revenues generated would go to the Roadway Fee, and the sale of property did not grant any additional land use  bid process for the disposition of real properties.  rights, only the zoning entitlements the property currently had in place.  PUBLIC COMMENT:  Nikki Carpenter expressed concern with selling the two parcels on East Stockton Boulevard that fronted the freeway, being cautious that parties could try to alter the current property designations for residential use and convert them to a use that would allow signage. She agreed that the other surplus parcels held no value to the City and Lynn Wheat believed the site located at Sheldon Road and East Stockton Boulevard could provide linkage to citywide trail systems, and provide an open space resting area for pedestrians and cyclists. Regarding the site at the intersection of Bond Road and Grant Line Road she suggested the property not be sold until right of way needs for the future Capital SouthEast Connector be determined, and to consider the land for planting native trees as a visual barrier separating the roadway from neighboring uses. Vice Mayor Hume observed that the property at 8340 Sheldon Road was acquired through eminent domain for the interchange, and the transaction involved a family who at that time had been coping with the tragedy of a family loss. Mr. Hume inquired if installation of a memorial at the site had been considered, and felt such a use would complement the suggestion to retain the site for use as a resting spot for bicyclists or Ms. Cline stated the family was offered the opportunity to retain that property, and they chose to sell the entire piece. A tree had been planted in memory of their loss at that Council Member Detrick observed that necessary right-of-way for such a memorial could be reserved prior to sale. Mr. Detrick inquired if the City had considered holding the lands until the value of the properties increased, and what the current cost per year  should be sold.  users oft the park-and-ride lot.  time, and since the City had relocated the tree.  was to maintain the properties.  Elk Grove City Council Page 7of10  Regular Meeting, September 26,2012    Public Works Director Richard Shepard stated weed abatement was the primary Ms. Cline noted an incentive to sell the surplus land was to place the properties into productive use, and some of the properties held value to adjacent property owners for Mayor Cooper noted that for any properties listed for sale that public agencies would have the first opportunity to purchase, and the City Council retained the right to select what to sell or retain, and reject bid offers and not sell particular pieces of land. He felt staff research on questions raised could move in parallel while also moving forward to Council Member Scherman felt more outreach should be conducted regarding the 8340 Motion: M/S Scherman/Hume to adopt Resolution No. 2012-174 declaring certain City-owned real properties to be surplus, find that disposition of the properties by listing with a qualified broker is in the best interest of the City, and direct staff to sO list the real properties, in a manner to ensure a competitive bid process for the disposition of real properties as amended to not include the 8340 Sheldon Road as surplus and staff to return options for use of the property. The motion passed by the following vote: Agenda Item No. 10.2: Consider introduction of an ordinance amending Elk Grove Municipal Code Section 2.04.010 to increase Council Members' salaries due to an  upkeep, and for all of the parcels was likely less than $1,000 annually.  development.  authorize placing all of the lands for sale.  Sheldon Road site prior to placing that particular piece of land for sale.  Ayes: 4; Noes: 1 (Detrick).  increase in City population RECOMMENDATION:  Introduce and waive the full reading, by substitution of title only, an ordinance amending Elk Grove Municipal Code Section 2.04.010 relating to Council Members' salaries. Jonathan Hobbs, City Attorney, provided an overview of the staff report and recommendation. The City Council salaries were set based on state law providing that cities could provide for a monthly council member salary based on population. At present, the City Council received $600 per month based on a population range of the city being between 75,000 - 150,000 residents. The population of the City exceeded 150,000 residents, giving the City Council the option if it sO chooses an increase by $200, for a monthly salary of $800 per month. If approved, the salary change would not go into effect until the new term of any new counciimember, which would be in  December 2012. PUBLIC COMMENT:  Hubert Lechner encouraged the City Council to forgo a salary increase until the economy improved, and consider cutting other costs, such as lowering taxes, prior to Nikki Carpenter requested that a breakdown of all benefits and expense reimbursements provided also be included when evaluating compensation. She  increasing compensation.  Elk Grove City Council Page 8of10  Regular Meeting, September 26, 2012    shared her observations of four cities both slightly larger and smaller in population in Elk Grove, noting all four of those cities provided their council members a monthly pay of $400. She believed $600 was adequate compensation, and believed the tuition Vice Mayor. Hume believed the proposed pay rate was fair compensation for the time spent serving as an elected council member. He noted the City Council had held the option to grant annual raises each year, and if implemented to date would have exceeded the $800 as permitted by the population figure, but rather the City Council Mayor Cooper and Council Member Detrick agreed with statements of the time commitment to serve as an elected council member, and noted they took paid time off from their regular employment in order to address and attend to matters of the City. Motion: M/S Cooper/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 20-2012 amending Elk Grove Municipal Code Section 2.04.010 relating to Council Members' salaries. The motion passed by the following Agenda Item No. 10.3: Consider introduction of an ordinance amending Elk Grove Municipal Code Title 1, Title 2, Title 7, and Title 23 to designate appointment authority to  reimbursement program offered by the City be discontinued.  had not previously taken any kind of pay increase over the years.  vote: Ayes: 4; Noes: 1 (Davis).  Boards, Commissions, and Committees to the directly elected mayor  RECOMMENDATION:  Introduce and waive the full reading, by substitution of title only, an ordinance amending portions of Elk Grove Municipal Code Title 1, Title 2, Title 7, and Title 23 to designate appointment authority to boards, commissions, and committees to the directly elected Jason Lindgren, City Clerk, provided an overview of the staff report and recommendation. The proposed amendments to the Elk Grove Municipal Code would align City operations for the office of the directly elected mayor with state Government Code Section 40605 to designate appointment authority. The proposed amendments established a new chapter that would supersede appointment authority previously established under any resolutions, and would remove internal inconsistencies or contradictions within the municipal code relating to appointment authority.  mayor.  PUBLIC COMMENT: None.  Vice Mayor Hume did not believe the public was adequately informed of the appointment authority of a directly elected mayor when the measure was considered, and he had heard concerns raised of the effect of this appointment authority on the composition of City boards and committees. He was not in favor of scope of changes, stating he understood the need to comply with state law, but noted he would abstain  from approving as he was not in agreement.  Elk Grove City Council Page 9of 10  Regular Meeting, September 26,2012    City Attorney Hobbs clarified all appointments would be made by the mayor, but required the approval of the City Council. This would apply to all boards, commissions, and committees (including regional representation), unless there existed a specific Motion: M/S Davis/Cooper to introduce and waive the full reading, by substitution of title only, Ordinance No. 21-2012 amending portions of Elk Grove Municipal Code Title 1, Title 2, Title 7, and Title 23 to designate appointment authority to boards, commissions, and committees to the directly elected mayor. The motion passed by  statute stating otherwise.  the following vote: Ayes: 4; Noes: 0; Abstain: 1 (Hume).  ADJOURNMENT  With no additional business to conduct, the September 26, 2012 regular City Council  meeting was adjourned at 7:27 p.m.   JASONINDGRENEHY CLERK  ATTEST:  JAMES COOPER, MAYOR GraLess  Elk Grove City Council Page 10of10  Regular Meeting, September 26, 2012