CITY OF ELK GROVE Incorporated. July 1, 2000  MINUTES OF THE CITY COUNCIL REGULAR MEETING Wednesday, August 22, 2012  CALLTO ORDER/ROLL CALL  Mayor Cooper called the regular City Council meeting of August 22, 2012 to order at  6:00 p.m. Present: Absent:  Mayor Cooper, Vice Mayor Hume, Council Members Davis, Detrick and  Scherman. None.  Council Member Scherman led the Pledge of Allegiance. Mayor Cooper asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Scherman/Detrick to approve the agenda as presented. The motion  passed by the following vote: Ayes: 5; Noes: 0.  CLOSED SESSION None. None. PUBLIC COMMENT None.  PRESENTATIONS/ANNOUNCEMENTS  GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the August 22, 2012 Administrative Report (filed). Council Member Detrick attended: the 25!h anniversary Strauss Festival of Elk Grove event, the ceremony awarding the Elk Grove Police Department the Law Enforcement Challenge Award from the California Office of Traffic Safety, the Franklin High School Track & Field fundraiser event, the Region Builders annual barbecue event (noting the City was the recipient for a second year in a row of the Region Builders 2012 Local Government of the Year Award), festivities amongst six different communities celebrating National Night Out, the Teen Center fundraiser event, a recognition of the Elk Grove Chamber of Commerce's 60th anniversary, the opening of the St. Maria Goretti Parish, the dedication of the Dignity Health Medical Plaza, and a candle light vigil held in memory of the victims of the Wisconsin Sikh temple shooting. Mr. Detrick invited the community to attend the 22nd National Disabled Water Ski Championship that  COUNCIL COMMENTS/REPOREPORTS/FUTURE AGENDAI ITEMS  Elk Grove City Council Regular Meeting, August 22, 2012 Page 1of9    would be held at Short Line Lake August 23-25, and the Street Food Fest that would be Vice Mayor Hume attended the Sacramento Regional Transit District (RT) Board meeting noting there were not reportable items related to Elk Grove. He attended the Capital SouthEast Connector Joint Powers Authority Board which reviewed the financing plan which included a tolling option for the roadway from State Route 99 to Interstate 5. Mr. Hume stated to the board he was not in favor of making that segment at toll road, believing the benefits of the segment in reducing congestion on Elk Grove Boulevard and Laguna Boulevard would be diminished if the proposed segment became a toll road. The Sacramento Regional County Sanitation Board of Directors meeting received an update on pilot programs evaluating the efficiencies of the different processes to comply with the National Pollutant Discharge Elimination System (NPDES) permit. He noted that as the board was still pursuing its legal challenge with state regulators, there was some hesitation to start implementing programs under the NPDES permit if found not to be ultimately required. He attended: the town hall forum hosted by Congressman Dan Lungren, the Region Builders annual barbecue event, the dedication of the Dignity Health Medical Plaza, the Proposition 35 rally where he presented a recognition in unity against human trafficking, and a candle light vigil held in memory of the victims of the Wisconsin Sikh temple shooting. Mr. Hume stated he served as the auctioneer for the Teen Center event fundraiser and for the Elk Grove Chamber of Council Member Scherman noted several of the regional boards were in summer recess, though the Sacramento Metropolitan Air Quality Management District Board did meet, there were no reportable items. She attended the ceremony awarding the Elk Grove Police Department the Law Enforcement Challenge Award from the California Office of Traffic Safety, various ribbon cutting ceremonies through the Elk Grove Chamber of Commerce, the Old Town First Saturday Event, and festivities amongst six different communities celebrating National Night Out. Ms. Scherman was a guest speaker on the topic of volunteerism at a meeting of the Elk Grove Chamber of Commerce, and spoke at the Sikh Temple Sacramento, expressing support and Council Member Davis attended the Region Builders annual barbecue event and the dedication of the Dignity Health Medical Plaza. He noted two upcoming community events, the Elk Fest community festival which would be held September 15 at Morse Park, with a specific outreach focus on service in the community, and an event titled Elk Grove Teens In Action hosted by the Elk Grove Community Connection to be held in the City Chamber on September 13, providing background and information on local government operations for teens. Mr. Davis stated he would be facilitating the information event on local government for teens in coordination with the Youth Mayor Cooper attended the Sacramento Regional County Sanitation Board of Directors meeting. He participated in National Night Out events, and the Region Builders annual  held at Elk Grove Regional Park on September 16.  Commerce's custom car and motorcycle show event.  solidarity in the aftermath of the of the Wisconsin Sikh temple shooting.  Commission and representatives of local agency representatives.  barbecue event and the dedication of the Dignity Health Medical Plaza.  Elk Grove City Council Regular Meeting, August 22, 2012 Page 2of9    CONSENT CALENDAR ITEMS  In reply to Vice Mayor Hume's comments on Item 8.8, Maureen McCann, Animal Services Supervisor, noted the World Rabies Day event and program incentive offerings would be promoted through the City Public Information Officers, in addition to advertising and promotion by Sacramento County representatives as it was a county-  wide event. 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: Agenda Item No. 8.2: through 2013016 Agenda Item No. 8.3: special meeting Agenda Item No. 8.4:  Reçeived June 2012 Treasurer's Report  Received Automatic Clearing House Nos. 5666 through  5763 dated July 1, 2012 through July 31, 2012, General Warrant Nos. 66111 through 66695, and Electronic Fund Transfer Nos. 2013001 through 2013003 and 2013005  Approved City Council Meeting Minutes of June 13, 2012 Received report on City Manager approved purchases and  contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and  Purchasing, filed through August 15, 2012  Agenda Item No. 8.5: and Bids Agenda Item No. 8.6:  Received report on Requests for Proposals, Qualifications, Resolution No. 2012-139 adopted amending Risk  Management's Fiscal Year 2012-13 expense budget in the amount of $306,815 and revenue budget in the amount of $306,815 and authorizing the City Manager to execute the necessary documents with Travelers Property Casualty Company of America or its affiliates to renew the City's workers' compensation insurance coverage for the Policy  Year starting September 1, 2012 Agenda Item No. 8.7:  Resolution No. 2012-140 adopted authorizing the City  Manager to execute a purchase requisition with Dell Marketing, L.P. for the purchase of two Storage Area Network computers in an amount not-to-exceed $60,000  Agenda Item No. 8.8:  Resolution No. 2012-141 adopted authorizing the City  Manager to offer free pet microchipping to the first 100 requesting Elk Grove residents attending the World Rabies Day event on Saturday, September 29, 2012 with the  purchase of a one-year animal license Agenda Item No. 8.9:  Resolution No. 2012-142 adopted accepting the  Corporation Yard Expansion Project as complete and authorizing the City Engineer to prepare, and the City Clerk to file, the Notice of Completion with the Sacramento County  Recorder  Elk Grove City Council Regular Meeting, August 22,2012 Page3of9    Agenda Item No. 8.10: Resolution No. 2012-143 adopted finding the 2012 Slurry Seal Project exempt for environmental review under the California Environmental Quality Act; authorizing the City Manager to execute a construction contract with Valley Slurry Seal Company in the amount of $380,285 for the 2012 Slurry Seal Project, authorizing the City Engineer to approve change orders not-to-exceed $57,043, and authorizing the City Manager to execute a construction contract with the second lowest bidder if Valley Slurry Seal Company does not meet contract filing obligations Agenda Item No. 8.11: Resolution No. 2012-144 adopted authorizing the City Manager to execute utility agreements for the Grant Line Road Widening Phase I Agenda Item No. 8.12: Resolution No. 2012-145 adopted authorizing the City Manager to execute a Freeway Maintenance Agreement with the State of California Department of Transportation for the Elk Grove Creek Trail Crossing at State Route 99 Agenda Item No. 8.13: Resolution No. 2012-146 adopted abandoning a light and air easement over Parcel 2 of Parcel Map filed in Book 151 at Page 21, of Parcel Maps, Agenda Item No. 8.14: Resolution No. 2012-147 adopted amending the Fiscal  Project  Project  records of Sacramento County  Year 2012-13 Development Services environmenta. review processing  Planning Department Budget related  Agenda Item No. 8.15: Resolution No. 2012-148 adopted authorizing the City Manager to sign the first amendment to the contract between the City of Elk Grove and HBT Remodeling of California LLC for the Neighborhood Stabilization Program Agenda Item No. 8.16: Resolution No. 2012-149 adopted amending the Fiscal Year 2012-13 Budget and Fiscal Year 2012-17 Capital Improvement Program for the Corporation Yard Expansion Project to reflect an increase in grant funding in the Agenda Item No. 8.17: Resolution No. 2012-150 adopted waiving the formal solicitation requirements per Elk Grove Municipal Code Section 3.42.180(B)(3) and authorizing the City Manager to execute a three-year contract with Frontier Communications to provide phone and Internet services to the City of Elk Grove in an Agenda Item No. 8.18: Resolution No. 2012-151 adopted amending the Fiscal Year 2012-13 Information Technology Fund Budget to reflect revenue and expenditures related to funds awarded from the Sacramento Metropolitan Cable Television Agenda Item No. 8.19: Resolution No. 2012-152 adopted authorizing the City Manager to execute a three-year consultant services contract with R3 Consulting Group, Inc. for commercial audit and solid waste residential rate setting services in an  ARPAA/RMNA/Rese Program  amount of $13,044  amount not-to-exceed $800,000  Commission in the amount of $64,180  amount not-to-exceed $227,500  Elk Grove City Council Regular Meeting, August 22, 2012 Page 4of9    PUBLIC HEARINGS Agenda Item No. 9.1:  A continued public hearing (from July 11, 2012) to consider  introduction of an ordinance amending various sections of Title 23 (Zoning) and Title 4 (Business Regulation) of the Elk Grove Municipal Code related to Mobile Food Vendors  RECOMMENDATION  The Planning Commission recommends (4-0) the following actions:  1)Adopt a Resolution of the City Council of the City of Elk Grove finding the proposed amendments exempt from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Section 15061 (b)(3), Title 14, 2) Introduce and waive the full reading, by substitution of title only, an Ordinance amending portions of Elk Grove Municipal Code Title 23 and Title 4 related to Mobile With the aid of an overhead presentation (filed), Sarah Kirchgessner, Planner, provided an overview of the staff report and recommendation. The City Council provided direction at the public hearing on July 11 to gather additional feedback from stakeholders on the draft amendment. Staff met with the Elk Grove Chamber of Commerce, the California Restaurant Association, representatives from Sacramento Mobile Food Events (SactoMoFo) and the California Mobile Food Association, and Franco Casella the owner of the Brick House Restaurant & Lounge. The main topics of concern identified were the distance of food truck operations from bullding-enclosed restaurants, hours of operation, time limits at a given location, and mobile food "pod" areas (pod areas). Though a majority supported the 350-foot distance requirement opposition was raised believing that such a restriction was a restraint on trade. There was general agreement on the hours of operation established from 7:00 a.m. to 10:00 p.m., and a two hour set-up time, some comment supported longer hours of operation into the night. The pod area concept was supported, especially in the instance of underutilized public or vacant lands that contained existing amenities of covered seating, electricity, plumbing and restroom facilities. Itv was recognized that the City did not own any properties considered adequate, nor were there many viable areas that had the needed foot traffic as seen in urban areas that would make a private venture feasible. The text of the draft ordinance was unchanged from the version Council Member Detrick raised concern as to how the distance requirement would apply ifar mobile food vendor operated from a private property space, even if that space was City Attorney Jonathan Hobbs clarified the distance requirement as drafted in the ordinance only related to operations on the public right-of-way. The draft allowed mobile food vendors to operate on private property within 350 feet of a building-  Division 6, Chapter 3 (State CEQA Guidelines) (Attachment 1); and  Food Vendors (Attachment 2).  presented at the July public hearing.  adjacent to a bulding-enclosed restaurant.  enclosed restaurant.  Mayor Cooper declared the public hearing open.  Elk Grove City Council Regular Meeting, August 22,2012 Page 5of9    PUBLIC COMMENT:  Keith Breedlove, Vice President of Sacramento Mobile Food Events, stated mobile food vendors operated their businesses with respect, often making contact with restaurants Paula Maita, Executive Director of the Elk Grove Chamber of Commerce, submitted a letter (filed) supporting the 350 foot distance requirement, supporting the proposed hours of operation, noting consideration was given to longer hours but that later hours could conflict with the youth curfew, and requested consideration be given for a three hour set-up and take down time. Ms. Maita noted her experience working with mobile food vendors for events, citing they were excellent business people, they created a draw of customers, and provided a variety of choices and options to any venue. Sharon Anderson supported mobile food vendors, sharing her experience of how food trucks enhanced a local community event, and she agreed with extending the set-up  int the vicinity of a given event or location of activity.  time to three hours.  Mayor Cooper declared the public hearing closed.  Council Member Davis noted reviewing the video of the July 11, 2012 public hearing. He supported mobile food vendors, noting their capacity to draw customers, holding the potential to benefit businesses in their vicinity by providing increased customer traffic Vice Mayor Hume stated if mobile food vending was limited to private property there would be less for the City to regulate. He suggested in place of a fixed distance restriction that if an operator was required under regulation to seek permission from private businesses to utilize their restroom facilities, that a similar letter of permission be obtained from building-enclosed restaurants within that same vicinity as well, then those business owners in the vicinity would make the determination whether or not a mobile Council Member Detrick suggested mobile food vendors and private businesses seek opportunities to collaborate to market and promote one another, such as coordinated City Attorney Hobbs summarized City Council direction that a three hour set-up time was acceptable, the hours of operation would remain from 7:00 a.m. to 10:00 p.m., and ina addition to the distance restrictions for operating in the public right-of-way, that the 350 foot distance requirement also apply for business conducted on private property, requiring consent from all building-enclosed restaurants within the established radius. The City would reserve the right that if any such operation caused a public health and Motion: M/S Scherman/Davis to adopt Resolution No. 2012-153 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  and exposure, and added variety and choice to business areas.  food vendor was beneficial or problematic.  promotional events.  safety problem the City could remove the vendor.  Elk Grove City Council Regular Meeting, August 22,2012 Page 6of9    6, Chapter 3 (State CEQA Guidelines). The motion passed by the following vote: Motion: M/S Scherman/Hume to introduce and waive the full reading, by substitution of title only, Ordinance No. 18-2012 amending portions of Elk Grove Municipal Code Title 23 and Title 4 related to Mobile Food Vendors as amended expanding the operational hours from 2 hours to 3 hours, and including a mobile food vendor could operate on private property provided that: 1) the City did not identify any public health, safety, or traffic problems, 2) that consent would need to be attained of the property owner and all bulding-enclosed restaurant owners within 350 feet, and 3) the City could remove a mobile food vendor if there were conditions found to be detrimental to the public health, safety, or welfare raised by the City, private property owner, or building- enclosed restaurant owners within 350 feet. The motion passed by the following  Ayes: 5; Noes: 0.  vote: Ayes: 5; Noes: 0. Agenda Item No. 9.2: Processing Services RECOMMENDATION  Request to continue a public hearing to consider adoption  of a resolution updating the fee schedule for Planning and Building Development  Staff requests that this item be continued to a date uncertain to provide the Planning and Public Works Departments more time to review the fee calculations. Assistant City Manager Rebecca Craig requested a continuance to a date uncertain.  Mayor Cooper declared the public hearing open.  PUBLIC COMMENT: None.  Motion: M/S Hume/Detrick to continue the public hearing to a date uncertain. The  motion passed by the following vote: Ayes: 5; Noes: 0. REGULAR AGENDAACTIONI ITEMS/RECOMMENDATIONS  Agenda Item No. 10.1: Review of Citywide Temporary Roadside Memorial Policy Staff recommends that the City Council of the City of Elk Grove review and provide feedback on a Citywide Temporary Roadside Memorial Policy relating to memorials With the aid of an overhead presentation (filed), Andrew Keys, Assistant to the City Manager, provided an overview of the staff report and recommendation. In 2006 regulations on temporary roadside memorials were established regulating plaçement of temporary roadside memorials on public property and rights-of-way. He reviewed the regulations, and noted a policy document was presented to mirror the codified regulations, and to clarify administrative communications. Mr. Keys noted a summary of  RECOMMENDATION: erected on public property.  social media outreach conducted by the City on the topic was provided.  Elk Grove City Council Regular Meeting, August 22, 2012 Page 7of9    PUBLIC COMMENT:  Dixie Lester stated her grandson had been killed in a suspected hit and run accident in Old Town Elk Grove. She shared pictures regarding the accident, including those of temporary memorials established at the site. She voiced support to allow roadside memorials to remain for a period of up to one year, and to consider allowing recurring monuments or placing an identifying marker as a reminder in instances of unsolved Mr. Keys noted that since temporary roadside memorials were addressed in the municipal code, any proposed changes would have to amend the code through Council Member Davis believed there was merit to consider an extended period to allow temporary memorials, or a recurring allowance to place a memorial to assist in Vice Mayor Hume stated he originally requested the item be brought for discussion to address vandalism occurring to a roadside memorial in the City. He had also suggested for a nominal fee the City could install a memorial plaque, but since that time he had reconsidered such a roadside memorial, noting other means existed to honor the deceased. Mr. Hume found the current regulations regarding the public right-of-way Council Member Detrick posed whether there was any law enforcement data supporting that the presence of a roadside memorial assisted in resolving criminal cases. He felt the roadside memorials were intended to be temporary, providing a degree of solace from the time of an incident until final preparations for the departed were made. Mayor Cooper believed that in remembering those who had passed it was to celebrate their life, not to memorialize where they died. Regarding unresolved crimes, he believed coordinated media notices and advisories were effective means to re-publicize unresolved crimes. He believed the 30 day duration in the public right-of-way was appropriate to allow individuals to mourn, and he highlighted that items removed by City staff were retained for six months and could be retrieved. Mr. Cooper did not believe an exemption policy would be effective for temporary roadside memorials, and noted such Council Member Scherman expressed that she would not want to reminded by a memorial plaque of the site where a loved one was killed. She sympathized regarding the grieving process, but believed the placement of memorial plaques would be constant reminders, prolonging efforts to cope with loss. She noted she would not feel comfortable having such markers placed in the City, and numerous memorials placed in both public and private properties could create awkward situations for individuals, eliciting feelings that they may be intruding or being disrespectful at such a memorial. The City Council received and filed the report, voicing concurrence with the  crimes.  introduction and adoption of an ordinance.  reminding the community of unresolved crimes.  were sufficient.  roadside memorials can distract drivers.  administration of the current policy.  Elk Grove City Council Regular Meeting, August 22, 2012 Page 8of9    Agenda Item No. 10.2: Adopt resolution approving and setting the fee for the issuance  and renewal of a General Business License  RECOMMENDATION: Chapter 4.06.  Adopt resolution approving and setting the fee for issuance and renewal of a General Business License per the Elk Grove Municipal Code Section 4.02.060 and described in Brad Koehn, Director of Finance and Administrative Services, provided an overview of the staff report and recommendation. The City Council directed staff to separate registry processing from the regulatory processing for general business licenses. This separation created a significant reduction in staff time to process new or renewal general business licenses. Special business license processing would not to be modified at this time. The prior fee for a new business license was $110, and for a renewal $75. With the reduction in staff time, the registry portion of the new fee amount was calculated to be $12, applying to both new and renewal general business licenses.  PUBLIC COMMENT: None.  Motion: M/S Hume/Detrick to adopt Resolution No. 2012-154 approving and setting the fee for issuance and renewal of a General Business License per the Elk Grove Municipal Code Section 4.02.060 and described in Chapter 4.06. The motion passed  by the following vote: Ayes: 5; Noes: 0.  ADJOURNMENT  With no additional business to conduct, the August 22, 2012 regular City Council  meeting was adjourned at 7:28 p.m.  pR JASONL LINDGRÉN, CITYCLERK  ATTESTS  4s  Elk Grove City Council Regular Meeting, August 22,2012 Page9of9