CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, May 9, 2012  CALL TO ORDER/ROLL CALL  Council Member Scherman called the special City Councit meeting of May 9, 2012 to  order at 6:01 p.m. Present: Absent:  Council Members Davis, Detrick and Scherman.  Mayor Cooper and Vice Mayor Hume (Mayor Cooper arrived at 6:14 p.m.)  City Manager Laura Gill led the Pledge of Allegiance.  Council Member Scherman asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Davis/Detrick to approve the agenda as presented. The motion passed  by the following vote: Ayes: 3; Noes: 0; Absent: 2 (Cooper, Hume).  CLOSED SESSION None.  PRESENTATIONS/ANNOUNCEMENTS  4.1 Integrated Waste Student Assistant Melissa Aristizabal gave a presentation of the 2012 Nike. Award Winning Schools. With the aid of an overhead presentation (filed), Ms. Aristizabal stated local students from 26 participating schools collected over 5.45 tons of shoes, noting over 14 tons of shoes had been collected over the past five years. The winning schools were Pleasant Grove Elementary School, Foulks Ranch 4.2 Council Member Scherman presented a proclamation to Larry Wing and Mort  Elementary School, and Laguna Creek High School.  August recognizing Public Works Week. NOTE: Mayor Cooper arrived at 6:14p.m.  4.3 With the aid of an overhead presentation (filed), members of the Youth Commission gave a presentation and update on activities over the past year. The annual retreat was held in the summer comprised of team building activities, review of policies, discussion of teen issues to discuss at future meetings, and defining qualities of excellence in leadership. In early October a Teen Town Hall was hosted to discuss issues dealing with teens, and to strategize on pursuing potential solutions. The Power of One event was subsequently planned. To advertise and fund the event, grant  Elk Grove City Council Regular Meeting, May 9,2012 Page 1of11    funding was applied for through the Grants Advisory Board for Youth (GABY), and $500 was awarded. The Power of One event was held March 24 where more than 70 youth participated, and from surveys taken at the event, 98% attendees enjoyed the event and  indicated they would attend similar future events if offered again.  PUBLIC COMMENT  Ed Owen voiced his opposition to the City pursing the Sphere of Influence (SOI) application. He cited various websites that indicated the City of Elk Grove had 1,453 foreclosed homes and 1.5 million square feet of vacant retail, commercial, and industrial space. He compared these numbers to needs enumerated in the market study conducted in 2010, and believed the existing vacant land would accommodate needs projected for the next twenty years, removing the need to pursue expansion of the City's boundaries. He stated he had conducted research of tax records of lands within the proposed expansion area, noting lands had been purchased by development interested  parties since the introduction of the SOI in 2006. GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the May 9, 2012 Administrative Report (filed). In response to Council Member Scherman, Interim City Attorney Jonathan Hobbs stated that the City Council could take action to amend and reduce the total area requested under the SOI application. He noted that since the application was currently being reviewed by the Sacramento Local Agency Formation Commission (LAFCO), that the City wait to see the environmenta review before taking any action to alter the current  application.  COUNCIL COMMENTS/REPOREPORTS/FUTURE AGENDAI ITEMS  Council Member Scherman attended: the Elk Grove Police Department appreciation breakfast, a senior long-term care awareness event at Emeritas at Laguna Creek Senior Living Center, a Mexican heritage advocacy reception at the historic Stanford House, the ribbon cutting for the Rain Garden, the annual dinner fundraiser for Elk Grove Adult Community Training (EGACT), and the Elk Grove Chamber of Commerce luncheon (where the lunch prepared was prepared by the culinary class from Cosumnes River College). She gave a presentation at the Senior Center recognizing volunteer week, was a participant in the Western Festival Parade, and presented three scholarships at Council Member Davis participated in a Central Valley Regional Rail Policy Advisory Committee meeting, which discussed long term planning of the location of commuter rail, and the group discussed means to ensure commuter rail stops would be provided for Elk Grove and Lodi, as it was believed that interested parties that controlled the rail Council Member Detrick attended the Walk In Our Shoes fundraiser event for Jessie Baker Elementary School, and the Sacramento region Cops for Kids fundraiser golf  the Elk Grove Regional Scholarship Foundation event.  lines wanted commuter service to bypass the Elk Grove area.  tournament.  Elk Grove City Council Regular Mceting, May 9, 2012 Page2of11    Mayor Cooper attended the opening of the Rain Garden, and participated in the Western Festival. Note: prior to the regular calendar discussion items, Mayor Cooper included an additional item to report as follows: Mayor Cooper attended the Mayor's Charity Casino Night fundraiser event benefitting Elk Grove Food Bank Services.  CONSENT CALENDARITEMS PUBLIC COMMENT None.  Motion: M/S Detrick/Scherman to approve the Consent Calendar as presented. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Hume). Council Member Scherman inquired, in relation to Item 8.6, whether the City maintained an inventory of surplus items to keep interested parties, such as Sister Cities, apprised City Manager Gill noted a policy could be drafted, noting a key element in identifying needed surplus items was maintaining open communication and a dialogue with the sister city of Concepcion de Ataco. The draft policy could ensure the City establishes an understanding of the needs of each sister city in order to be responsive to requests.  of items available to be requested.  Agenda Item No. 8.1: Reports Agenda Item No. 8.2: through 2012161  Received February 2012 and March 2012 Treasurer's Received Automatic Clearing House Nos. 5207 through  5339 dated April 1, 2012 through April 30, 2012, General Warrant Nos. 64994 through 65324, and Electronic Fund Transfer Nos. 2012148 through 2012157, and 2012159 Agenda Item No. 8.3: Approved City Council Meeting Minutes: 1)September 28, 2011 regular meeting; 2) October 12, 2011 regular meeting; 3) October 26, 2011 special meeting, 4) October 26, 2011 regular meeting, 5) November 9, 2011 special meeting, 6) November 9, 2011 regular meeting, 7)December 14, 2011 special meeting, 8). January 11, 2012 special meeting, 9) January 11, 2012 regular meeting, 10) January  25, 2012 special meeting, and 11) February 8, 2012 special meeting  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 through May 2, 2012  Agenda Item No. 8.5: and Bids Agenda Item No. 8.6:  Received report on Requests for Proposals, Qualifications, Resolution No. 2012-66 adopted authorizing the Finance  Director to dispose of surplus City property in the form of a Garbage Truck, and donate the garbage truck and four surplus buses to Concepcion de Ataco, El Salvador  Elk Grove City Council Regular Meeting, May 9,2012 Page 3of11    Agenda Item No.8.7:  Resolution No. 2012-67 adopted authorizing the Public  Works Director to execute utility agreements for the Elk Grove Boulevard/State Route  99 Interchange Modification Project Agenda Item No. 8.8:  Resolution No. 2012-68 adopted authorizing the City  Manager to execute a purchase requisition with Nexus IS, Inc. for the purchase of two NetApp Storage Area Network servers in an amount not-to- exceed $85,324  Agenda Item No. 8.9:  Resolution No. 2012-69 adopted authorizing the City  Manager to submit a grant change of scope application to the U.S. Department of Agenda Item No. 8.10: Resolution No. 2012-70 adopted authorizing the City Manager to submit a grant application to the U.S. Department of Justice for the purchase of speed detection devices and execute all documents necessary to receive  Justice reassigning grant funds to the City's Project Lifesaver program  $45,946 in eligible grant funding PUBLIC HEARINGS Agenda Item No. 9.1:  A public hearing to consider adoption of a resolution  adopting the Fiscal Year 2012-13 Community Development Block Grant (CDBG). Action Plan and authorizing the City Manager to execute and file all documents required to receive U.S. Department of Housing and Urban Development (HUD) CDBG funds Adopt resolution adopting the Fiscal Year 2012-13 Community Development Block Grant (CDBG) Action Plan and authorizing the City Manager to execute and file all documents required to receive U.S. Department of Housing and Urban Development The item was time-sensitive, and in order to receive Fiscal Year 2012-13 funding, the City Council needed to adopt and submit the Action Plan by May 15, 2012. Sarah Bontrager, Housing Program Manager, provided an overview of the staff report  RECOMMENDATION  (HUD) CDBG funds.  and recommendation.  Mayor Cooper declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Cooper declared the public hearing closed.  Motion: M/S Detrick/Davis to adopt Resolution No. 2012-71 adopting the Fiscal Year 2012-13 Community Development Block Grant (CDBG) Action Plan and authorizing the City Manager to execute and file all documents required to reçeive U.S. Department of Housing and Urban Development (HUD) CDBG funds. The motion passed by the  following vote: Ayes: 4; Noes: 0; Absent: 1 (Hume).  Elk Grove City Council Regular Meeting, May 9,2012 Page 4 of11    Agenda Item No. 9.2:  A public hearing to consider a General Plan Amendment, a  Specific Plan Amendment to the Laguna Ridge Specific Plan, a Rezone of approximately 4.99 acres from Light Industrial (M1) to Business and Professional Office (BP), a Tentative Parcel Map, Design Review and a Conditional Use Permit (CUP) for The Falls of Elk Grove Project located at 8280 Elk Grove Boulevard (EG-11-053; APN:  132-2130-003) RECOMMENDATION  The Planning Commission recommends (4-0):  1) Adopt resolution adopting the Addendum to the Laguna Ridge Specific Plan Environmental Impact Report for The Falls of Elk Grove Project EG-11-053 as the appropriate environmental review pursuant to the California Environmental Quality Act, California Code of Regulations Section 15164 (a) (Addendum to an EIR or 2) Adopt resolution approving General Plan and Housing Element Amendments for 3) Adopt resolution approving the Specific Plan Amendment to the Laguna Ridge 4) Introduce and waive the full reading, by substitution of title only, an ordinance amending the City of Elk Grove Zoning Map from M1 to BP for The Falls of Elk Grove Project No. EG-11-053 specifically affecting Assessor's Parcel Number 132- 5) Adopt resolution approving the Tentative Parcel Map, Design Review, and Conditional Use Permit for The Falls of Elk Grove Project EG-11-053. With the aid of an overhead presentation (filed), Adam Petersen, Project Planner, provided an overview of the staff report and recommendation. The applicant was requesting multiple entitlements to construct two 13,387 square foot assembly buildings on the property, and a Conditional Use Permit to operate the assembly uses to be constructed. Regarding the amendment to the Housing Element, the request was to remove the property from the vacant and underutilized list for high density residential land use, the requested change would result in a 1% decline in units in the category, and represent an approximately 0.2 of 1% in decline in the overall inventory list. The zoning proposal to Business and Professional Office (BP) would bring the site into consistency with the General Plan. Concern was raised by the Planning Commission in that there were no restrictions on hours of operation, creating the potential for 24 hour uses to occur, but adjacent uses were expected to be compatible, given their zoning designations, and application of Elk Grove Municipal Code Title 4 would constrain the Council Member Davis voiced that the connectivity of this site to the future Civic Center site needed to be contemplated when reviewing future applications of sites in the project Planning Director Taro Echiburû noted the area of the town center had existing design guidelines that mandated interaction between projects, and that the timing and placement of this project, along with policy documents for the area, provided the opportunity to ensure connectivity and consistency for planning the area.  Negative Declaration);  The Falls of Elk Grove Project EG-11-053;  Specific Plan for The Falls of Elk Grove Project EG-11-053;  2130-003; and  types of uses that could be entitled to 24 hour operations.  area.  Elk Grove City Council Regular Meeting, May 9, 2012 Page5of11    Mayor Cooper declared the public hearing open.  Jerry Aplass, of Burrell Consulting Group representing the project applicant (David Downs, Efalls Corporation), clarified the envisioned use of the site for convention, event, and meeting spaçe. Many of the events held were for weddings, birthday parties, and business retreats. The business was operating seven facilities nationwide, and the business model was to provide the location, and to then partner with local caterers and Council Member Scherman raised concern about noise after hours from late night Mr. Aplass noted the project application considered neighboring land uses, and from the noise analysis conducted mitigation measures were incorporated to attenuate for sound through an adjusted site plan to reduce noise impacts to the adjacent properties. Council Member Davis communicated his expectation that the area of the town center was intended to be more active, serving as the City's downtown area, and he envisioned the area being much more active, subsequently generating additional noise. In reply to Council Member Davis, Mr. Aplass noted the project owners could consider a policy to address rates specifically for non-profit and community groups. He noted this project was the first facility on the West Coast, and was the first project to be built with  businesses to meet the demands for any given event.  events.  two buildings. PUBLIC COMMENT:  Lynn Wheat expressed her displeasure in seeing amendments to the General Plan and Zoning Map. The removal of the high density residential zoning diminished density planning for the town center, and she believed that the zoning change created the possibility that the owner could choose not to exercise the entitlements of the current project application, and could then have a by-right entitlement to operate a 24-hour retail use under the proposed BP designation. She suggested additional pedestrian improvements be considered, and asked if the Trails Committee had reviewed the project. Ms. Wheat inquired if the project accounted for water use issues, including storm water management and utilizing drought resistant landscaping, and whether the project would be relying on any economic development incentive funding from the City.  Mayor Cooper declared the public hearing closed.  Mayor Cooper noted that in discussions with representatives of the Cosumnes Community Services District (CCSD) they stated their meeting facilities were booked, and having privately operated meeting space options would help to accommodate the demand in the community. He asked how security would be addressed at the facilities. David Downs, project applicant, noted that security was contracted for on an as needed basis, often based on the number of people attending a particular event. Council Member Detrick stated the project had been reviewed by the Trails Committee.  Elk Grove City Council Regular Meeting, May 9,2 2012 Page 6of11    Staff confirmed no requests had been made by the applicant for funding under Motion: M/S Scherman/Davis to adopt Resolution No. 2012-72 adopting the Addendum to the Laguna Ridge Specific Plan Environmental Impact Report for The Falls of Elk Grove Project EG-11-053 as the appropriate environmental review pursuant to the California Environmental Quality Act, California Code of Regulations Section 15164 (a) (Addendum to an EIR or Negative Declaration). The motion passed by the Motion: M/S Scherman/Davis to adopt Resolution No. 2012-73 approving General Plan and Housing Element Amendments for The Falls of Elk Grove Project EG-11-053. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Hume). Motion: M/S Scherman/Davis to adopt Resolution No. 2012-74 approving the Specific Plan Amendment to the Laguna Ridge Specific Plan for The Falls of Elk Grove Project EG-11-053. The motion passed by the following vote: Ayes: 4; Noes: 0; Motion: M/S Scherman/Davis to introduce and waive the full reading, by substitution of title only, Ordinance No. 8-2012 amending the City of Elk Grove Zoning Map from M1 to BP for The Falls of Elk Grove Project No. EG-11-053 specifically affecting Assessor's Parcel Number 132-2130-003. The motion passed by the following vote: Motion: M/S Scherman/Davis to adopt Resolution No. 2012-75 approving the Tentative Parcel Map, Design Review, and Conditional Use Permit for The Falls of Elk Grove Project EG-11-053. The motion passed by the following vote: Ayes: 4;  programs offered by the City.  following vote: Ayes: 4; Noes: 0; Absent: 1 (Hume).  Absent: 1 (Hume).  Ayes: 4; Noes: 0; Absent: 1 (Hume).  Noes: 0; Absent: 1 (Hume). Agenda Item_No. 9.3:  A public hearing to consider adoption of resolutions calling  as special election and declaring results of the special election for annexation to Community Facilities District No. 2006-1 (Maintenance Services) and introduction of an ordinance levying and apportioning the special tax to the annexing area (Annexation  No. 22)  RECOMMENDATION  1) Adopt resolution calling a special election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District 2) (Following tabulation and certification of ballot results by the City Clerk) Adopt resolution declaring the results of the special election held on May 9, 2012 for the twenty-second annexation to Community Facilities District No. 2006-1 3) Introduce and waive the full reading, by substitution of title only, an ordinance levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) Annexation No. 22.  No. 2006-1 (Maintenance Services) to the qualified electors;  (Maintenance Services); and  Elk Grove City Counçil Regular Meeting, May 9,2012 Page7of11    Jason Lindgren, City Clerk, provided an overview of the staff report and  recommendation.  Mayor Cooper declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Cooper declared the public hearing closed.  Motion: M/S Detrick/Davis to adopt Resolution No. 2012-76 calling a special election tos submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2006-1 (Maintenance Services) to the qualified electors. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 City Clerk Lindgren announced of 1 possible vote, 1 affirmative vote was cast authorizing the City of Elk Grove to levy a special tax at the rate apportioned and described. The measure passed with more than two-thirds of all votes cast in the election in favor of the measure. A resolution declaring the results of the special Motion: M/S Detrick/Davis to adopt Resolution No. 2012-77 declaring the results of the special election held on May 9, 2012 for the twenty-second annexation to Community Facilities District No. 2006-1 (Maintenance Services). The motion passed Motion: M/S Detrick/Davis to introduce and waive the full reading, by substitution of title only, Ordinance No. 9-2012 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) Annexation No. 22. The motion passed by the following vote: Ayes: 4; Noes: 0;  (Hume).  election was available for Council consideration.  by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Hume).  Absent: 1 (Hume).  REGULAR AGENDA ACTION ENS/RECOAMENDATONS additional item to report as previously noted under Council Reports.  Note: Prior to the regular calendar discussion items, Mayor Cooper included an Agenda Item No. 10.1: Provide direction to staff regarding possible amendments to  the Lent Ranch Mall Development Agreement  RECOMMENDATION:  Receive the staff report and provide direction regarding possible amendments to the Development Agreement for the Lent Ranch-Elk Grove Town Center L.P. project. Taro Echiburu, Planning Director, provided an overview of the staff report and recommendation. Currently the Lent Ranch Mall Development Agreement had a special restriction on commercial development in various areas outside the actual mall area, a provision that stated no commercial development would move forward until the  Elk Grove City Council Regular Meeting, May 9,2 2012 Page 8of11    foundation for the first anchor tenant had been poured. At the special meeting April 25, 2012 a request was made by Mr. Jim Gillum representing M & H Realty Partners III, L.P., one of the parties included in the Development Agreement, to consider the possibility for allowing commercial development to move concurrent with or ahead of the actual mall development. If the City Council determined there was value in evaluating such an amendment, staff would coordinate with the participants of the Development Agreement to discuss the matter, and to return with any formalized proposal for Mr. Echiburu noted that communication with the Howard Research and Development Corporation indicated they would be open to looking at commercial development in the surrounding area, but they would not be in support of retail development. Mayor Cooper received confirmation from staff that the Development Agreement was Council Member Detrick supported the discussion, but noted an amendment could only be considered if agreement was attained by all signatory parties under the Development  consideration.  extended for an additional four years.  Agreement. PUBLIC COMMENT: None.  By consensus the City Council gave staff direction that the City was amenable to consider amendments of the Development Agreement, contingent that any proposed amendment received the concurrence of all parties under the Development Agreement. Agenda Item No. 10.2: Introduce amendments to Elk Grove Municipal Code Chapter  4.35 related to Outdoor Festival Vendor Permits  RECOMMENDATION:  Introduce and waive the full reading, by substitution of title only, an ordinance amending Elk Grove Municipal Code Chapter 4.35 relating to vendor permits for City outdoor Shane Diller, Code Enforcement Manager, provided an overview of the staff report and recommendation. The amendment would establish a process and fee to recuperate costs to regulate and screen vendors of food and merchandise at the two City produced festivals. Previously the Cosumnes Community Services District (CCSD) had handled the procurement of vendors for events, and this year was the first time the City was Mayor Cooper appreciated the proposal that a fee reduction would be considered for  festivals.  taking on this function.  non-profit community organizations. PUBLIC COMMENT: None.  Elk Grove City Council Regular Meeting, May 9,2012 Page 9of11    Motion: M/S Davis/Scherman to introduce and waive the full reading, by substitution of title only, Ordinance No. 10-2012 amending Elk Grove Municipal Code Chapter 4.35 relating to vendor permits for City outdoor festivals. The motion passed by the Agenda Item No. 10.3: Consider: 1) introducing an ordinance amending Elk Grove Municipal Code Chapter 1.02 regarding Municipal Elections to identify a two-year term for the Office of the Directly Elected Mayor, and adopt resolutions: 2) calling the November 6, 2012 General Municipal Election to elect the Mayor, and Council Members to Districts 1 and 3, requesting the Sacramento County Board of Supervisors to consolidate the general municipal election with the statewide general election; 3) establishing regulations pertaining to candidates statements of qualifications; and 4) establishing Council's policy regarding impartial analyses, arguments, and rebuttal  following vote: Ayes: 4; Noes: 0; Absent: 1 (Hume).  arguments  RECOMMENDATION:  1) Introduce and waive the full reading, by substitution of title only, an ordinance amending Elk Grove Municipal Code Chapter 1.02 regarding Municipal Elections to identify the two-year term for the Office of the Directly Elected Mayor; 2) Adopt resolution calling and giving notice of a general municipal election to be held on Tuesday, November 6, 2012 to elect the Mayor, and Council Members to Districts 1 and 3, and requesting the Board of Supervisors of the County of Sacramento to consolidate the general municipal election with the statewide general 3) Adopt resolution establishing regulations for candidates for elective office pertaining 4) Adopt resolution setting forth the Council's policy regarding impartial analyses, arguments, and rebuttal arguments for any measure(s) that may qualify to be placed on the ballot for the November 6, 2012 General Municipal Election. Jason Lindgren, City Clerk, provided an overview of the staff report and  election;  to candidates' statements of qualifications; and  recommendation. PUBLIC COMMENT: None.  Motion: M/S Scherman/Davis to introduce and waive the full reading, by substitution oft title only, Ordinance No. 11-2012 amending Elk Grove Municipal Code Chapter 1.02 regarding Municipal Elections to identify the two-year term for the Office of the Directly Elected Mayor. The motion passed by the following vote: Ayes: 4; Noes: 0; Motion: M/S Scherman/Detrick to adopt Resolution No. 2012-78 calling and giving notice of a general municipal election to be held on Tuesday, November 6, 2012 to elect the Mayor, and Council, Members to Districts 1 and 3, and requesting the Board of Supervisors of the County of Sacramento to consolidate the general municipal election with the statewide general election. The motion passed by the following vote: Ayes:  Absent: 1 (Hume).  4; Noes: 0; Absent: 1 (Hume).  Elk Grove City Council Regular Meeting, May 9, 2012 Page 10of11        Motion: M/S Scherman/Detrick to adopt Resolution No. 2012-79 establishing regulations for candidates for elective office pertaining to candidates' statements of qualifications. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: Motion: M/S Scherman/Detrick to adopt Resolution No. 2012-80 setting forth the Council's policy regarding impartial analyses, arguments, and rebuttal arguments for any measure(s) that may qualify to be placed on the ballot for the November 6, 2012 General Municipal Election. The motion passed by the following vote: Ayes: 4;  1(Hume).  Noes: 0; Absent: 1 (Hume). ADJOURNMENT  With no additional business to conduct, the May 9, 2012 regular City Council meeting  was adjourned at 7:35 p.m.  JASON  MaDApx  ATTEST:  Aaae  Elk Grove City Counçil Regular Meeting, May 9, 2012 Page 11of11