CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, July 25,2012  CALL TO ORDER/ROLL CALL  Mayor Cooper called the regular City Council meeting of July 25, 2012 to order at  6:01 p.m. Present: Absent:  Mayor Cooper, Vice Mayor Hume, Council Members Davis and  Scherman.  Council Member Detrick.  Council Member Davis led the Pledge of Allegiance. Mayor Cooper asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Davis/Cooper to approve the agenda as presented. The motion passed  by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Detrick).  CLOSED SESSION None.  PRESENTATIONS/ANNOUNCEMENTS  4.1 Jim Ramsey announced the opening of the nomination period for the 6"h Annual Above and Beyond Program Accessibility Awards, noting nominations were due by 4.2 Mayor Cooper presented a proclamation to the City of Elk Grove Multicultural Committee declaring August 19 - August 25, 2012 as Cultural Diversity Awareness  September 7, 2012.  Week.  PUBLIC COMMENT  Mike Barnbaum addressed changes to the Sacramento South County Transit Link Rosario Dowling spoke in support of Proposition 35, an initiative that would be on the November 2012 ballot for stronger anti-human trafficking laws. She submitted materials (filed) requesting the City Council to endorse the initiative, and invited the community to a fundraiser and rally for Proposition 35 to be held at Elk Grove Regional Park on  Highway 99 Express Service that would take effect August 6.  August 18.  Elk Grove City Council Regular Meeting, July 25,2012 Page 1of11    Nikki Carpenter relayed a message from Ed Owen thanking members of the City Council for support of the Elk Grove Youth Baseball league for travel expenses to Utah for the 12 and Under All Star Team to participate in the 2012 western region tournament. She shared an article regarding City priorities of enhancing existing neighborhoods or pursuing new development, expressing her belief that existing neighborhoods were becoming distressed communities in Elk Grove at the expense of  resources being placed towards future development. GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the July 25, 2012 Administrative Report (filed). COUNCIL COAETIREPOREIRIVEE AGENDAITEMS  Vice Mayor Hume reported the Sacramento Regional Transit District (RT) Board voted to evaluate the feasibility of a future ballot measure equivalent to a half cent sales tax to be used for local funding projects, specifically related to road maintenance and transit funding. He attended the Paratransit meeting, did not attend the Sacramento Regional County Sanitation meeting, and no meeting was held for the Capital SouthEast Council Member Davis reported there was no meeting for Sacramento Area Council of Governments (SACOG). He attended meetings with residents to address parking and traffic issues occurring during school hours on residential streets in the vicinity of Council Member Scherman noted the boards she attends were on summer recess, with no meetings to report. She presented a recognition to George Apple of the Cosumnes Community Services District for receiving the California Building Officials Fire Official of the Year award, and reported on attending mixer events hosted by the Elk Grove Vice Mayor Hume received City Council consensus for a recognition in support of anti- trafficking efforts, and for a future discussion of the City's roadside memorial policy regarding memorial site vandalism, removal of memorial items, and the possibility of offering memorial plaques in lieu of recurring placement of roadside memorials at a site. City Manager Gill noted the municipal code addressed roadside memorials, and current policy practices were being reviewed to ensure compliance with the code. She noted Council Member Scherman noted that she did not feel that placing memorial plaques at Mayor Cooper attended the Sacramento Regional County Sanitation Board of Directors meeting which received an update on the National Pollutant Discharge Elimination  Connector Joint Powers Authority Board.  Franklin High School.  Chamber of Commerce.  the item would be returned along with analysis of memorial plaques.  the scene of a death was appropriate.  System (NPDES) permit process.  Elk Grove City Council Regular Meeting, July 25,2012 Page2of11    Note: Prior to the public hearing, Council Member Scherman requested a report on the In reply to Council Member Scherman, Police Chief Robert Lehner stated police dog Rombo had collapsed while on routine rounds, was taken for emergency care, but  recent passing of a police dog.  ultimately passed away. CONSENT CALENDARI ITEMS PUBLIC COMMENT None.  Vice Mayor Hume received clarification on Item 8.10 regarding the purchase of police vehicles that the award was under a cooperative purchasing with another public agency. Motion: M/S Scherman/Hume to approve the Consent Calendar. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Detrick).  Agenda Item No. 8.1: special meeting Agenda Item No. 8.2:  Approved City Council Meeting Minutes of May 23, 2012 Received report on City Manager approved purchases and  contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and  Purchasing, filed through July 18, 2012  Agenda Item No. 8.3: and Bids Agenda Item No. 8.4: (Second Reading) Agenda Item No. 8.5:  Received report on Requests for Proposals, Qualifications, Ordinance No. 16-2012 adopted amending Elk Grove  Municipal Code Chapter 16.18 adding Section 16.18.1136 related to beekeeping  Ordinance No. 17-2012 adopted amending Elk Grove  Municipal Code Section 2.12.020(B) to remove district requirements regarding  appointments to the Youth Commission (Second Reading)  Agenda Item No. 8.6: not-to-exceed $150,000 Agenda Item No. 8.7:  Resolution No. 2012-131 adopted authorizing the City  Manager to execute an agreement with Muniservices, LLC to provide Utility User Tax Compliance and Revenue Protection Services for a period of five years in an amount  Resolution No. 2012-132 adopted ordering the collection of  delinquent special taxes in Community Facilities District No. 2005-1 (Laguna Ridge) by  action to foreclose the lien of special tax  Agenda Item No. 8.8:  Resolution No. 2012-133 adopted authorizing the City  Manager to execute an Acquisition Agreement with Carlton Plaza of Elk Grove, L.P., for acquisition of privately-constructed public facilities within the City of Elk Grove East  Franklin Community Facilities District No. 2002-1  Elk Grove City Council Regular Meeting, July 25,2012 Page 3of11    Agenda Item No. 8.9:  Resolution No. 2012-134 adopted authorizing the City  Manager to execute a contract amendment with Professional Landscape Solutions, Inc. of Sacramento for landscaping services, to add the recently constructed Rain Garden Plaza and Corporation Yard Expansion landscape, and authorizing an expenditure of funds not-to-exceed $22,000 [for a total expenditure of funds over the three-year term of Agenda Item No. 8.10: Resolution No. 2012-135 adopted authorizing the City Manager to waive competitive bidding and execute a contract with Wondries Fleet Group of Alhambra, California for the purchase of three police Ford Crown Victorias as fiscal year replacements in a amount not-to-exceed $84,100 and authorize the City Manager to purchase when necessary up to three additional vehicles in a total contract Agenda Item No. 8.11: Authorized recruitment to fill one vacancy for the Alternate Note: Prior to the public hearing, Council Member Scherman requested a report on the  the contract not-to-exceed $70,000]  amount not-to-exceed $168,100  Member position on the Historic Preservation Committee recent death of a police dog, covered under Council Reports.  PUBLIC HEARINGS Agenda Item No. 9.1: RECOMMENDATION  A public hearing to consider approval of the Report of  Delinquent Utility Charges and their collection on the Tax Roll  Adopt resolution approving and confirming the Report of Delinquent Utility Charges and requesting Sacramento County to collect such charges on the Fiscal Year 2012-13 Tax Andrew Keys, Accounting Manager, provided an overview of the staff report and recommendation. The item addressed collecting delinquent charges for services that had been received by residents. The accounts were delinquent in excess of approximately eight months, with many delinquent for longer periods. A total of 502 accounts and $229,000 charges would be placed on the tax roll for the securitized  Roll.  collection of the charges.  Mayor Cooper declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Cooper declared the public hearing closed.  Motion: M/S Davis/Scherman to adopt Resolution No. 2012-136 approving and confirming the Report of Delinquent Utility Charges and requesting Sacramento County to collect such charges on the Fiscal Year 2012-13 Tax Roll. The motion passed by  the following vote: Ayes: 4; Noes: 0; Absent: 1 (Detrick).  EIK Grove City Counci Regular Meeting, July2 25, 2012 Page 4 of11    REGULAR AGENDA ACTION ITEMS /RECOMMENDATIONS Renovation Project (WCE001) and provide direction  Agenda Item No. 10.1: Receive update on the East Stockton Boulevard Soundwall  RECOMMENDATION: (WCE001) and provide direction.  Receive an update on the East Stockton Boulevard Soundwall Renovation Project With the aid of an overhead presentation (filed), Gary Grunwald, Public Works Project Manager, provided an overview of the staff report and recommendation. The direction given in February 2012 was to determine the cost differential between block and precast wall construction. He detailed differences between two construction methods of block walls (post-tensioned masonry walls and traditional masonry block walls) and that of precast panel walls. The cost of precast walls was approximately the same as a post- tensioned masonry wall, and both methods were significantly cheaper than a traditional masonry block wall. Staff worked with the Committee for the Arts on aesthetic options, recommending for a precast panel wall to utilize a sequence of three custom art panel designs, and for a block wall using contrasting colors and textures implementing a simple flowing block patter. In regards to landscaping the area, there was some planter space which could provide for vines, but not much else. The use of vines would likely narrow the sidewalk to a width of four feet at spot locations. Staff recommended considering the following options to bid the project: 1) bid only the post-tension block wall, 2) bid only the precast panel wall, or 3) offer both options to bid. The precast panel wall with the custom art was estimated to cost $60,000 to $100,000 more than the post-tensioned masonry block wall. Financing for the project would utilize $990,000 in Gas Tax and $460,000 from the Roadway Fee Program for a total project cost of $1.45 million. If the custom art panels were pursued, a budget amendment would be necessary to add another $70,000 in Gas Tax and $20,000 from the General Fund. The $70,000 in Gas Tax would come from the amount allocated for minor projects, leaving Assistant City Manager Craig clarified the amount allocated for minor projects in the budget were projections based on historical performance and needs. The Gas Tax was often utilized for unidentified projects that arose any given fiscal year, and there remained budgetary discretion to prioritize and bring forward particular projects on an as needed basis. Allocating the funds did not limit the City's ability to deliver what may City Attorney Jonathan Hobbs clarified the project would remain a lowest bid and not a best value bid. He detailed the process that if both options were bid, two bid packages would be released, one for each type of wall, and when the determination was made on which construction method to pursue, the other bid set would be rejected, and the Mr. Grunwald noted the option difference costs were estimates as this time, and one factor of the varying costs was the unique nature of the wall height at ten feet, whereas  $6,000 in that fund for the remainder of the fiscal year.  come forward as a priority project for the City.  lowest bid of the desired bid option would prevail.  the majority of walls built averaged six feet in height.  Elk Grove City Council Regular Meeting, July 25,2012 Page 5of11    PUBLIC COMMENT:  Mark Bogdan stated many of the property owners along the sound wall would prefer a block wall to match the look already in the area along the front of the adjacent mobile home park, and many of the walls seen throughout the state along freeways. He believed landscaping attracted pests. He opposed precast panel walls citing that they were inferior sound walls, and the precast panel walls were problematic to repair. Lynn Wheat appreciated efforts to improve this area of the City. She submitted pictures (filed) displaying support of landscaping with vines as both aesthetically pleasing and for use as a deterrent to graffiti. Ms. Wheat suggested a long term cost differentiation be conducted comparing graffiti removal costs and that of landscape maintenance. The City Council provided direction to draft the bid only for a post-tensioned masonry block wall including a block pattern, and include an option to evaluate landscaping in the form of spaced, clinging vines, utilizing a smaller planter space, avoiding use of plants that attracted pests, and to provide costs for ongoing landscape maintenance. Agenda Item No. 10.2: Receive report on proposed bus turnout at Elk Grove  Boulevard and Elk Grove-Florin Road and provide direction  RECOMMENDATION: on next steps.  Receive a report on the proposed construction of a bus turnout at Elk Grove Boulevard and Elk Grove-Florin Road (in front of Kerr Middle School) and provide direction to staff With the aid of an overhead presentation (filed), Jeff Werner, Project Manager, provided an overview of the staff report and recommendation. The existing bus stop near the northwest corner of the intersection of Elk Grove Boulevard and Elk Grove-Florin Road ini front of Kerr Middle School was originally scheduled to receive a bus stop shelter and site improvements. Upon the request of the City Council, staff investigated the site which revealed potential traffic impacts and operational concerns with the current bus stop location, as the bus was required to stop in the travel lane on Elk Grove Boulevard causing vehicles to have to maneuver around or wait behind the bus, creating traffic issues. Project alternatives considered included: 1) a no build alternative, which potentially would lead to discontinuing service at that area, 2) to move the bus stop further west, though this was not preferred by the Elk Grove Unified School District (EGUSD) as the location further west would impact operational concerns of students traversing the school parking lot, and 3) to construct a bus turnout at the current site, which EGUSD had agreed to and was willing to dedicate the property and necessary right of way to construct the bus tumout. Mr. Werner noted numerous other locations in the City had bus stops of a similar nature where a stopped bus would be in a travel lane, but noted this location in particular had a high volume of ridership, included several wheelchair users who regularly accessed the disability center and the Senior Center facilities in the vicinity of the stop, and the ridership at the stop included numerous school children. He reviewed the proposed layout for the bus turnout alternative developed in coordination with EGUSD. Staff recommended the bus turnout alternative as it held the greatest benefit and effectiveness towards mitigating the site  Elk Grove City Council Regular Meeting, July 25,2012 Page6 6of11    traffic and circulation concerns. The project cost was $140,000, and staff had identified funding using savings from other projects. Mr. Werner responded to Vice Mayor Hume that had the bus stop received the scheduled maintenance improvements, that cost Planning Director Shepard noted the financing for the bus turnout was from project savings completed to date, and did not require funding from the minor projects fund allocation of Gas Tax. He noted with the direction under Item 10.1 to not pursue the precast panel custom art, that there remained a more robust fund balance for the minor  would have approximately been $25,000 to $35,000.  projects fund. PUBLIC COMMENT: None.  The City Council provided direction to proceed with the proposed bus tumout option at Agenda Item No. 10.3: Consider the Business Licensing process and the application  Elk Grove Boulevard and Elk Grove-Florin Road.  of Impact Fees in Industrial Zones RECOMMENDATION:  Receive the staff report and provide direction regarding the Business Licensing process With the aid of an overhead presentation (filed), Taro Echiburd, Planning Director, provided an overview of the staff report and recommendation. Regarding business licenses the City had worked toward streamlining the general business license application process (special business licenses continued to be handled through the Police Department), but a remaining difference of the City process in comparison to other agencies was that beyond using the business license process as a registry, there remained a regulatory compliance component. The Planning Department verified zoning clearance, the Building Department checked for code compliance, and the Cosumnes Community Services District Fire Department performed additional compliance review. Through the regulatory process, issues were raised with applicants during the business license process either on the process to obtain correct entitlements, or issues with a proposed site that would require time and expenditures to bring matters into compliance for the proposed use. This regulatory component often became problematic for business applicants. Regarding impact fees in industrial zones, fees were collected based on the adopted 2009 nexus study which applied primarily to new development, but was also applied when there was a change in use for existing buildings. Issues with impact fees for businesses related primarily to the differential assessment, a fee covering the difference for a proposed business that wished to locate at a site that had paid fees for a lower intensity type of use, but now the proposed business had an increased intensity of use generating site impacts such as increased An option to resolve the business license issue would be limiting the process as a registry of businesses and remove the regulatory review. Businesses would remain beholden to comply with zoning and code requirements, but such compliance would not be verified at the point of issuing a business license. Implementing any changes to the  and the application of Impact Fees in Industrial Zones.  traffic.  Elk Grove City Council Regular Meeting, July 25,2 2012 Page7of11    impact fees, such as eliminating the change in use assessment, could be implemented but would require making changes to the fee program nexus study. Another option for the impact fees would be further refinement of the categories in the nexus study to identify additional low intensity uses with correspondingly lower differential assessments that the study did not currently address. He noted that currently when a specific use was applied for, but not found specifically within the nexus study, staff worked with the applicants to identify a correlation for the proposed use compatible within the framework Accounting Manager Andrew Keys noted if an applicant disagreed with the assignment of a category, they could request a special fee calculation. Special fee calculations were labor intensive to conduct the research and different analysis for a given project, the current structure of broad categories in the nexus study provided for easier analysis up front, and options to then conduct special fee studies. Mr. Keys stated the City had more categories than most other comparable jurisdictions, but there remained areas to Council Member Davis believed the City should prioritize customer service for all potential business owners by minimizing process time and evaluating the application of Vice Mayor Hume cited an example of a volleyball team that sought using a warehouse space as a practice facility, which generated fees in excess of $30,000, whereas in other jurisdictions such a use would only require paying fees of approximately $100. He believed the differential assessment, as related to new development and retail uses, was reasonable when trip generation and traffic impacts were significant, but several low intensity uses were sought in industrial areas, and application of the same standard often was not appropriate as the low impact uses in warehouse spaces by nature did not draw the same level of client traffic. Such low intensity uses were often for smaller businesses seeking flexible business space to reduce initial overhead and capital Planning Director Echiburu responded to Council inquiries that the current regulatory compliance reviews were conducted only for new or renewed business license applications, and that no door to door inspections were being initiated by the City. Assistant City Manager Craig added that though the City did not initiate site inspections, businesses not in compliance often would come to the attention of the City through citizen complaints or inspections of other agencies, triggering the City to investigate such cases. She responded that when staff did conduct research to investigate if a business use had been previously established, that process could be of benefit to an applicant if the requisite records were found to qualify a use to be grandfathered" in, providing for the type of occupancy versus the applicant having to establish the use  of the study.  build in further stratification of the fees.  fees to start a business.  investment costs.  themselves. PUBLIC COMMENT:  Greg Mason supported eliminating the differential fees and to grandfather" uses in existing buildings, placing the payment of fees on new development. He noted the adoption of the fees in 2009 placed a burden on new tenants attempting to locate in existing spaces. In addition to the fees levied, the compliance process was  EIK Grove City Council Regular Meeting, July 25, 2012 Page 80 of11    burdensome, becoming a deterrent for potential new business owners. He supported simplifying the business licensing process, and noted there were several potential low intensity use tenants attracted to the lower rent of industrial spaces. He cited examples of these potential tenants turning away after going through the regulatory process and being levied fees, contributing to a perception from potential businesses that Elk Grove Vice Mayor Hume believed business license issuance should be used only as a registry, and to remove the regulatory process, with the disclaimer that issuance of a license did not provide any kind of assurances with the respect to zoning or other regulations. He believed the differential assessment fees be eliminated on industrial uses, or the nexus reworked, believing industrial spaces were well suited to serve as incubator spaces for starting businesses. Mr. Hume felt fees paid should not be limited to the location of a business, and should have portability to accompany a business use when relocating to Council Member Davis supported review to further define categories within the nexus study, and to evaluate proposed uses as to whether they generated legitimate cost Planning Director Echiburu summarized there was City Council consensus to separate the business license issuance from the current regulatory verification process. Regarding impact fees in industrial zones staff would evaluate further defining use categories and their applicable fee differentials, and allowing for fees paid to move with Assistant City Manager Craig noted the nexus study was structured to levy fees on properties at the location an impact was being made, not with the business use itself. She noted consideration could be given to suspend the charging of the differentials, but that would create a shortfall of funding in relation to the collection of impact fees. Agenda Item No. 10.4: Policy direction on master planning of the Southeast Policy Area and consider a resolution amending the Fiscal Year 2012-13 Budget for the project Receive information regarding master planning of the Southeast Policy Area and provide direction on next steps. Should the Council decide to move forward with master planning, staff recommends Council adopt a resolution amending the Fiscal Year 2012- With the aid of an overhead presentation (filed), Christopher Jordan, Planning Manager, provided an overview of the staff report and recommendation. At the June 27 meeting the City Council requested consideration of a hybrid option for the City's master planning of the Southeast Policy Area (SEPA) to offer an alternative to bridge the pricing difference of planning efforts. He reviewed costs and implementation of three options for master planning the area: 1)a Specific Plan (consisting of a series of policy statements and development regulations governing how development would occur within the planned area, including descriptions and design for backbone infrastructure, a finance plan, and implementation plan), 2) a Community Plan (a policy framework rather than the development standards and regulations building on the land use categories of the General Plan), and 3) a hybrid approach titled the Area Plan (the document would  was a difficult city to open or relocate a business.  another site within the city. impacts on infrastructure.  a business relocating in the City.  RECOMMENDATION:  13 Budget to provide initial funding for the project.  Elk Grove City Council Regular Meeting, July 25,2 2012 Page 9of11    serve as a policy basis accompanied by separate documents of architectural standards and guidelines, and limited infrastructure design and planning). Staff sought direction on which master planning framework to implement, and requested a budget amendment of $500,000 from unreserved funds to commence the SEPA master planning process. Inr reply to Council Member Davis, Mr. Jordan noted that if a development project came forward during preparation of the master plan, the development coming forward would need to do the analysis and acknowledge the master planning effort, and the City would coordinate the master planning effort to clarify policies in coordination with the  processing of such an application. PUBLIC COMMENT:  Brian Cooley, representing the Souza family property owners, supported the outreach and process conducted to date by the City with stakeholders. He supported the Specific Plan approach, and requested under any planning effort to include continued landowner input, to refine the market study and evaluate current land use designations and inventory in the City with proposed uses for SEPA, and to further define the Shed C Channel alignment, accompanying drainage studies, and outreach to external agencies like the U.S. Army Corps of Engineers. He supported concurrent processing with an appropriate level of review for projects absent the master planned document, and supported completion of an Environmental Impact Report (EIR) to allow projects to tier from that report with the negative declarations. Mr. Cooley believed a competitive bid for as Specific Plan could match the price currently presented for the hybrid Area Plan. Assistant City Manager Craig noted the City currently had a contract for long-term planning work, and staff would need to review the contract if there was the ability to Council Member Davis supported landowner participation, and agreed updated market Vice Mayor Hume believed the Community Plan could be utilized to provide alignment of major features, such as the Shed C Channel, but not go to the extent as suggested under other plans in coordinating at this stage with external agencies. He believed the Community Plan accomplished the goals for the City to direct the overall process including a cohesive image and design for the area, and provided the flexibility for project applicants to initiate required technical work at the time specific projects came The City Council provided direction to pursue the hybrid Area Plan, and to determine the ability to competitively bid for the SEPA master planning process to then consider a Specific Plan if such services could be attained at same current quote cost for the Motion: M/S Hume/Davis to adopt Resolution No. 2012-137 amending the Fiscal Year 2012-13 Budget for master planning the Southeast Policy Area. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Detrick). Agenda Item No. 10.5: Consider resolution approving and confirming the report of delinquent special assessment related to public nuisance abatement costs and  competitively bid an individual planning project.  data was needed.  forward.  Area Plan.  Elk Grove City Council Regular Meeting, July2 25, 2012 Page 10of11        requesting Sacramento County to collect such charges on the Fiscal Year (FY)2012-13  tax roll  RECOMMENDATION: 2012-13 tax roll.  Adopt resolution approving and confirming the Report of Delinquent Special Assessment and requesting Sacramento County to collect such charges on the FY  The verbal staff report was waived. PUBLIC COMMENT: None.  Motion: M/S Hume/Davis to adopt Resolution No. 2012-138 approving and confirming the Report of Delinquent Special Assessment and requesting Sacramento County to collect such charges on the FY 2012-13 tax roll. The motion passed by the Agenda Item No. 10.6: Designation of voting delegate and alternate to the 2012  following vote: Ayes: 4; Noes: 0; Absent: 1 (Detrick). League of California Cities Annual Conference  RECOMMENDATION:  Appoint a voting delegate and alternate delegate(s) to represent the City of Elk Grove at the 2012 League of California Cities Annual Conference business meeting. Jason Lindgren, City Clerk, provided an overview of the staff report and  recommendation. PUBLIC COMMENT: None.  Motion: M/S Cooper/Hume to appoint Council Member Scherman as delegate and Council Member Detrick as alternate to represent the City of Elk Grove at the 2012 League of California Cities Annual Conference business meeting. The motion passed  by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Detrick).  ADJOURNMENT  With no additional business to conduct, the July 25, 2012 regular City Council meeting  was adjourned at 8:26 p.m.    1  JASON LINDGREN, GTY CLERK  ATTEST:  MAYOR  frles  Elk Grove City Council Regular Meeting. July 25,2012 Page 11of11