CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, July 11, 2012  CALL TO ORDER/ROLL CALL  Mayor Cooper called the regular City Council meeting of July 11, 2012 to order at  6:03 p.m. Present: Absent:  Mayor Cooper, Vice Mayor Hume, Council Members Detrick and  Scherman.  Council Member Davis.  Mayor Cooper led the Pledge of Allegiance.  Mayor Cooper asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Hume/Detrick to move Item 8.6 as the first item for consideration under the regular agenda action items, and approve the remainder of the agenda as presented. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1  (Davis). CLOSED SESSION None.  PRESENTATIONS/ANNOUNCEMENTS  4.1 Mayor Cooper presented a Best in Business Award to Tony Nguyen of UPS  Store 4853. PUBLIC COMMENT  Steve Lee addressed the Silverado Village development applying to build in the vicinity of Quail Ranch Estates. Mr. Lee believed an Environmental Impact Report (EIR) would be required of the development, citing the judgment of the court in May 2008. Ed Owen submitted a request for funding (filed) on behalf of the Elk Grove Youth Baseball (EGYB) league for travel expenses to Utah for the 12 and Under All Star Team to participate in the 2012 western region tournament. He noted EGYB had lost a revenue source of approximately $15,000 in the form of advertising, as the Cosumnes Community Services District (CCSD) had recently prohibited users from posting advertising banners at athletic fields during events. He stated that EGYB had hosted,  Elk Grove City Council Regular Meeting, July 11,2012 Page 1of1 10    and planned to continue to host, regional tournaments, events which provided economic benefits to the City in the form of increased tax revenue from visiting participants to the tournaments. The team would be leaving for the western region tournament within two weeks, which limited opportunities to hold fundraiser events. In reply to Council Member Scherman, he noted EGYB did pay fees to utilize CCSD facilities, and noted that over the past eight years, EGYB had spent over $350,000 in additional maintenance of fields and installation of facility amenities with the intent to attract hosting tournament events. Mr. Owen believed that improved cooperation, on behalf of the CCSD in partnering with private clubs such as EGYB, could improve sustaining such investments, and attract additional tournament events to the region. Council Member Scherman noted funds were identified in the budget to provide for interns for each council member, and she received confirmation from staff that if she did not utilize an intern, that those funds could then be allocated for alternate uses. Council Member Scherman directed that the $5,000 allocated in the budget for her intern be Mayor Cooper and Council Member Detrick each noted they would contact Mr. Owen in Nikki Carpenter addressed signage by freeways within the city limits, believing that the current City signage program should not be altered. She opposed allowing off-site monument signage along the freeway, in particular regarding the proposed development at the Sheldon Road I State Route 99 interchange. She alleged that Council Member Davis had stated he had voted in the affirmative for items he personally opposed that came before the City Council only because he knew they would pass anyway, she took issue with this statement believing he had not voted as constituents expected. She stated she had asked Senate President Pro Tem Darrel Steinberg to sign a petition opposing the City Elk Grove Sphere of Influence (SOI) application, and Mr. Steinberg declined stating he would first need to speak to Council Member Davis regarding such a matter. She noted her suspicions that campaign contributions influenced council member decisions. Ms. Carpenter requested information on the upcoming meeting of the SOI subcommittee, believing the public City Manager Laura Gill responded that the meeting would be held July 25, 2012 at 4:30 p.m. in City Hall, however it was a meeting of staff and the subcommittee, and the Steve Hornsey extended an invitation to the 22nd National Disabled Water Ski Lynn Wheat shared an article regarding land speculation by developers in the Sacramento region. She believed annexation by local governments was driven by land speculators and primarily benefitted developers rather than the general public. She opposed urban sprawl, commended the land use planning envisioned in the Sacramento Area Council of Government's Blueprint Project, and advocated for more pedestnan-fiendly, high density, walkable neighborhoods for the City, including the  utilized to address the travel fund request from EGYB. regards to making charity donations to address the request.  should be allowed to attend the meeting.  meeting was not open to the general public.  Championship that would be held at Short Line Lake August 23-25.  master planning of the Southeast Policy Area.  Elk Grove City Council Regular Meeting. July11,2012 Page2of10    GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the July 11, 2012 Administrative Report (filed). COUNCIL COMMENTS/REPOREPORTS/FUTURE AGENDA ITEMS  Council Member Detrick attended the annual Salute to the Red, White, and Blue fireworks show and Independence Day celebration, and attended the Run 4 Independence annual fundraiser benefitting the Elk Grove Food Bank, where he presented a recognition in memory of Bob Fossgreen, a cofounder of what was the Vice Mayor Hume noted personal obligations resulted in him missing some recent meetings. He reported for the Capital SouthEast Connector Joint Powers Authority that a contract project manager was hired and moving forward with project design guidelines Council Member Scherman reported volunteering at the Old Town First Saturday Event, attending the independence Day celebration, the Senior Center Board meeting, and the Elk Grove Chamber of Commerce ribbon cutting ceremony for BELFOR Property Restoration. She noted the Sacramento Metropolitan Air Quality Management District Board meeting was canceled. Ms. Scherman received a request to look at the display of the American flag flown at the 8900 Elk Grove Boulevard library, as the current flag Mayor Cooper reported the Sacramento Regional County Sanitation Board of Directors Meeting was canceled and that he attended the Independence Day celebration.  Food Closet, which became the Food Bank.  and engaging various stakeholder groups.  came in contact with the corner of the library.  CONSENT CALENDAR ITEMS PUBLIC COMMENT None.  Motion: M/S Scherman/Detrick to approve the Consent Calendar (noting the removal of Item 8.6). The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1  (Davis).  Agenda Item No. 8.1: Agenda Item No. 8.2:  Received May 2012 Treasurer's Report  Received Automatic Clearing House Nos. 5504 through  5665 dated June 1, 2012 through June 30, 2012, General Warrant Nos. 65627 through  66110, and Electronic Fund Transfer Nos. 2012178 through 2012196  Agenda Item No. 8.3: special meeting  Approved City Council Meeting Minutes of April 26, 2012  Elk Grove City Council Regular Meeting, July 11,2012 Page 3of10    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  Purchasing, filed throughJuly: 3, 2012  Agenda Item No. 8.5: and Bids  Received report on Requests for Proposals, Qualifications,  Note: Item 8.6 was moved during approval of the agenda to be heard as the first item  for consideration under the regular agenda action items.  Agenda-fem.No.S Reading)  Ordinance No. 13-2012 adepled-auhoHZing the-Mayer-to  amend-the-contractelwenthe-ChyCouneloFneCCHyOHEGKoveannd-he-Bearde Adminietration-of the California Public Employees' Retirement System (Second  Agenda Item No. 8.7:  Resolution No. 2012-123 adopted dispensing with the  competitive bid process and authorizing the City Manager to execute all necessary documents to utilize California State Contracts for the purchase of computer equipment for the Emergency Operations Center in an amount not-to-exceed $317,690  Agenda Item No. 8.8:  Resolution No. 2012-124 adopted authorizing the City  Manager to execute a contract with Interstate Oil Company to supply bulk and card lock fuel services for City owned vehicles for a three-year term (subject to City Council's  extension) in an amount not-to-exceed $1,980,000  Agenda Item No. 8.9:  Resolution No. 2012-125 adopted authorizing the Mayor to  execute a Rembursement and Credit Agreement with Urban Properties of California, Inc. for Public Land Dedications included in the Laguna Ridge Specific Plan Supplemental Park Fee Program and amending the Fiscal Year 2012-13 Budget Agenda Item No. 8.10: Resolution No. 2012-126 adopted authorizing the Mayor to execute a Reimbursement Agreement with Laguna Springs Corporate Center Phase II for privately constructed public facilities in the Elk Grove Roadway Fee Program Agenda Item No. 8.11: Resolution No. 2012-127 adopted authorizing the City Manager to execute a construction contract with Procida Landscape, Inc. for the Willard Parkway-Elk Grove Boulevard Median Landscape Enhancement Project (CIP Project PT0110) in the amount of $534,136, and authorizing the City Engineer to approve change orders not-to-exceed $80,120, and authorizing the City Manager to execute a construction contract with the second lowest bidder if Procida Landscape, Inc. does not Agenda Item No. 8.12: Resolution No. 2012-128 adopted: 1) amending the Fiscal Year 2012-17 Capital Improvement Program and the Fiscal Year 2011-12 Budget by reducing the allocation of State Grant Funds and replacing them with Federal Grant Funds for the Citywide Bus Stop improvements Project - Phase 1 (PF014A) and Phase 2 (WTE002) and increasing the project budget for Phase 2 by $15,000 from the CFF  authorizing staff to execute the reimbursement expenditures  meet filing obligations  Elk Grove City Council Regular Meeting. July 11, 2012 Page 4of10    Bus Facilities Fund; and 2) authorizing the City Manager to execute a construction contract with Navajo Pipelines, Inc. for the Citywide Bus Stop Improvements Project - Phase 2 in the amount of $182,834.74, and authorizing the City Engineer to approve Agenda Item No. 8.13: Resolution No. 2012-129 adopted authorizing the Mayor to execute Amendment No. 1 to the Employment Agreement with Laura S. Gill for the Agenda Item No. 8.14: Resolution No. 2012-130 adopted authorizing the Mayor to execute an amendment to the Employment Agreement with Jason Lindgren for the  change orders not-to-exceed $27,425.26  position of City Manager  position of City Clerk PUBLIC HEARINGS Agenda Item No. 9.1:  A public hearing 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 A. The Planning Commission recommends (4-0):  RECOMMENDATION  1) Adopt resolution finding the proposed amendments to Title 4 and Title 23 of the Elk Grove Municipal Code related to mobile food vendors exempt from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Section 15061 (b)(3), Title 14, Division 6, Chapter 3 (State CEQA Guidelines); and B. Consider one of two alternatives for the ordinance regarding the 350 foot distance 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 food vendors (including the 350-foot distance requirement from restaurants as 3) 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 food vendors (excluding the 350-foot distance requirement from restaurants as With the aid of an overhead presentation (filed), Sarah Kirchgessner, Planner, provided an overview of the staff report and recommendation. Current regulations limited hours of operation of mobile food trucks from 7:00 a.m. to 2:00 p.m., and required vehicles must move 1,000 feet from the previous location every 15 minutes. Both a general and special business license were required to operate as a mobile food vendor, and mobile food vendors were regulated under various state and county codes. Recent changes and popularity of the mobile food market had encouraged many cities to review existing regulations. Staff researched other city's regulations and conducted a public workshop in November 2011. Comments included concerns for the limits on hours of operation and the 15 minute time limit. The proposed amendments would allow mobile food vendors in all zoning districts, subject to regulations and development standards, expand current hours of operation and time limits, restrict parking and storage in  requirement from restaurants:  recommended by the Planning Commission - 4-0); OR  recommended by staff).  Elk Grove City Council Regular Meeting, July 11,2012 Page 5of10    residential zones, maintain a clear path of travel on sidewalks, provide exemptions - such as for an event authorized by a permit or entitlement issued by the city, and limit operations in the public right of away within 350 feet of any building-enclosed restaurants or schools. Regarding the distance requirement, she noted existing case law regarding mobile food regulations enacted by other municipalities that attempted to make safety arguments that mobile food vendors posed traffic hazards. This regulation was deemed by a court as a restraint on trade in an attempt to protect bulding-enclosed restaurants from competition. The Planning Commission supported the distance requirement, providing for an exemption where consent was given by an existing restaurant owner. A supplemental staff memo (filed) was presented for consideration to remove the definition for commercial vehicle, which was not a needed definition to enact the mobile food vendor regulation changes, and the definition as proposed was found to likely cause unintended impacts under other areas of the municipal code. Three requests had been received to continue the item to a future date to allow time by  stakeholders to review and discuss the proposed regulations. Mayor Cooper declared the public hearing open.  PUBLIC COMMENT:  Franco Cassella observed that under the current 15 minute regulation mobile food trucks did not have the time to establish a draw of traffic to their location. In consideration of expanding to a two hour period, mobile food trucks would create a draw of traffic to a location, and resulting impacts of increased traffic and need for restroom facilities could be an undue burden on current restaurant and business owners who had paid impact fees and had requisite facilities. He offered discussion of creating mobile food "pod" areas (pod areas), locations identified to host multiple mobile food truck vendors with space for customers to congregate, restroom facilities, and ample parking, suggesting a location such as Elk Grove Regional Park. Mr. Cassella noted if regulations on mobile food trucks were adopted with the greater flexibility as proposed, many current and new business owners would likely consider operating a mobile food truck over establishing a Dullding-enclosed restaurant to avoid being charged impact Robert Ramos voiced support for regulations that would foster the coexistence of both Dullding-enclosed restaurants and mobile food trucks. He disagreed with the distance restriction of350 feet, believing the regulation was arbitrary and seemed to be designed to protect buliding-enclosed restaurants, effectively restricting competition and trade. Mr. Ramos agreed the pod areas were beneficial when located appropriately, but Andrew Blaskovich shared his experience of starting his business with a mobile food truck, which led to. his opening of building-enclosed restaurants. He supported pod areas, but noted the benefit of mobile food trucks was the convenience of offering sales near customers, not to create a situation when customers needed to drive to potentially out-of-the-way locations, such as the suggestion of Elk Grove Regional Park.  fees.  should not be used as a complete solution.  Elk Grove City Council Regular Meeting, July11,2012 Page 6of10    Paul Somerhausen, co-founder of Sacramento Mobile Food Events (SactoMoFo), noted mobile food truck events had been held in the community and there was interest and support of mobile food trucks by citizens. He noted mobile food operators sought concentrations of customer density, contrasting operations were of a different nature and volume in downtown Sacramento than the spread out, suburban nature of Elk Grove. He believed mobile food trucks were conducive to bullding-enclosed restaurants, often serving as business incubators leading to establishment of a restaurants, noting 12 trucks in the area had expanded to open restaurants. Mr. Somerhausen believed the 350 foot restriction would create a risk of legal challenge in the future. Keith Breedlove relayed his experience with mobile food trucks and bulding-enclosed restaurants, and stated benefits of mobile food trucks to provide an alternative dining venue, including an effective means to draw in the community to special events. He noted pod areas worked well when programmed in dense, readily accessible, urban areas. Mr. Breedlove believed mobile food truck vendors exhibited respect for building- enclosed restaurants, and a distance requirement seemed excessive for a behavior that Vice Mayor Hume supported mobile food trucks as a business model, but noted an importance to recognize the needs of bulding-enclosed restaurants. He suggested that rather than establish a fixed distance regulation, that mobile food truck operations be removed from the public right-of-way and only allowed on private property, possibly reducing liability concerns and operational conflicts. Mr. Hume supported further evaluation of the pod area concept, and noted much of the correspondence he had Council Member Scherman supported the distance requirement from Dullding-enclosed restaurants. She believed consideration should be given to extend the time limit to accommodate for set-up and take-down at a location, and was interested in further In reply to Council Member Scherman, Mr. Blaskovich responded that Sacramento County health inspectors would conduct site visits 2 to 3 times a month, and more frequently when doing business at special events. He noted for the year to date his Council Member Detrick supported evaluating use of allowing operations on private Mayor Cooper supported evaluating use of allowing operations on private property only, expressed interest in evaluating pod areas, and encouraged stakeholders to coordinate meeting with the Elk Grove Chamber of Commerce prior to the item returning for City Motion: M/S Scherman/DetrIck to continue the public hearing to the regular City Council meeting of August 22, 2012. The motion passed by the following vote:  had yet to be shown as problematic.  received to date was in support of mobile food truck operations.  evaluation of the pod area concept.  mobile food truck had been inspected on 10 different occasions.  property only.  Council consideration.  Ayes: 4; Noes: 0; Absent: 1 (Davis).  Elk Grove City Council Regular Meeting, July 11,2012 Page7 7of10    REGULAR AGENDA ACTION ITEMS/RECOMMENDATIONS for consideration under the regular agenda action items.  Note: Item 8.6 was moved during approval of the agenda to be heard as the first item 8.6 SUBJECT: Adopt Ordinance No. 13-2012 authorizing the Mayor to amend the contract between the City Council of the City of Elk Grove and the Board of Administration of the California Public Employees' Retirement System (Second  Reading)  RECOMMENDATION:  Adopt and waive the full reading, by substitution of title only, Ordinance No. 13-2012 authorizing the Mayor to amend the contract between the City Council of the City of Elk Grove and the Board of Administration of the California Public Employees' Retirement Laura Brunson, Human Resources Director, provided an overview of the staff report and recommendation. The amendment to the City's contract with CalPERS for retirement benefits would implement new tiers of benefits, offered to newly hired employees, with miscellaneous employees offered a retirement formula of 2% at age 55 instead of the current 2.7% at age 55, and newly hired sworn employees would be offered 3% at age  System.  55 instead of the current 3% at age 50.  PUBLIC COMMENT: None.  Motion: M/S Detrick/Hume to adopt and waive the full reading, by substitution of title only, Ordinance No. 13-2012 authorizing the Mayor to amend the contract between the City Council of the City of Elk Grove and the Board of Administration of the California Public Employees' Retirement System. The motion passed by the following vote: Agenda Item No. 10.1: Consider introducing an ordinance amending Elk Grove Municipal Code Chapter 16.18 adding Section 16.18.1136 related to beekeeping  Ayes: 4; Noes: 0; Absent: 1 (Davis).  RECOMMENDATION: beekeeping.  Introduce and waive the full reading, by substitution of title only, an ordinance amending Elk Grove Municipal Code Chapter 16.18 adding Section 16.18.1136 related to Shane Diller, Code Enforcement Manager, provided an overview of the staff report and recommendation. Three years ago beekeeping regulations were discussed and Elk Grove Municipal Code Chapter 14.07 was adopted implementing a process to mitigate agricultural disputes. The proposed amendments primarily related to commonalities in the 17 cases investigated related to beekeeping, involving water sources for bee colonies. The proposed regulations required establishment of adequate water sources for bees with any future zoning requirements or recommendations for beekeeping uses tor reduce bees seeking out water sources on other properties. Adequate water sources  Elk Grove City Council Regular Meeting, July 11,2012 Page 8of10    were defined as providing an adequate amount, establishing the water source prior to bringing the bees onsite to provide for the bees imprinting on the water source, and the water source needed to be set up correctly for a bee to be able to access the water source. Regulations would require that apparatus for any beekeeping operation, such as the bee boxes containing the hives, be clearly labeled in order to identify and contact  the beekeeper. PUBLIC COMMENT: None.  Motion: M/S Detrick/Hume to introduce and waive the full reading, by substitution of title only, Ordinance No. 16-2012 amending Elk Grove Municipal Code Chapter 16.18 adding Section 16.18.1136 related to beekeeping. The motion passed by the Agenda Item No. 10.2: Consider introduction of an ordinance amending Elk Grove Municipal Code Section 2.12.020(B) to remove district requirements regarding appointments to the Youth Commission and discuss commission and committee  following vote: Ayes: 4; Noes: 0; Absent: 1 (Davis).  qualifications RECOMMENDATION:  Introduce and waive the full reading, by substitution of title only, an ordinance amending Elk Grove Municipal Code Section 2.12.020(B) to remove district requirements Staff provided information on current commission and committee qualification Jason Lindgren, City Clerk, provided an overview of the staff report and recommendation. The removal of the district requirements regarding appointments to the Youth Commission would resolve the issue of the recent recruitment effort in which four applicants applied for two openings in District 1, but three applicants who qualified to serve on the committee were ultimately disqualified because of the district appointment restriction that members of the City Council had to appoint applicants that were either residents, or attended a school, in the appointing member's respective  regarding appointments to the Youth Commission.  requirements for discussion and direction as appropriate.  district. PUBLIC COMMENT: None.  Motion: M/S Detrick/Scherman to introduce and waive the full reading, by substitution of title only, Ordinance No. 17-2012 amending Elk Grove Municipal Code Section 2.12.020(B) to remove district requirements regarding appointments to the Youth Commission. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1  (Davis).  Elk Grove City Council Regular Meeting, July 11,2012 Pagegof10    Agenda Item No. 10.3: Appointment of Youth Commission Member to District 2  RECOMMENDATION:  Receive information from Vice Mayor Hume for one voting member appointment to Jason Lindgren, City Clerk, provided an overview of the staff report and  District 2 on the Youth Commission.  recommendation. PUBLIC COMMENT: None.  Vice Mayor Hume announced his appointment of Ciera Miller to the Youth Commission.  ADJOURNMENT  With no additional business to conduct, the July 11, 2012 regular City Council meeting  was adjourned in memory of Bette Robinson at 7:26 p.m.  Ph JASON LINDGRENLIYCIERK  ATTEST: 4  Lrpr MAYOR  Elk Grove City Council Regular Meeting, July 11,2012 Page 10of10