CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL REGULAR MEETING Wednesday, March 28, 2012  CALLTO ORDER/ROLL - CALL  Mayor Cooper called the regular City Council meeting of March 28, 2012 to order at  6:04 p.m. Present: Absent:  Mayor Cooper, Vice Mayor Hume, Council Members Davis, Detrick and  Scherman. None.  Mayor Cooper led the Pledge of Allegiance.  Mayor Cooper asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Scherman/Detrick to hear Item 10.2 as the first item for consideration under the regular agenda action items prior to Item 10.1, and approve the remainder of the agenda as presented. The motion passed by the following vote: Ayes: 5;  Noes: 0. CLOSED SESSION None.  PRESENTATIONS/ANNOUNCEMENTS Note: Item 4.1 was heard after Item 4.4  4.1 DisabliyAdvisoryCommitesemiseawadgreseaienipto-Dawa-Smpson: 4.2 Chair Mike Chappelle gave a presentation and update on the Disability Advisory With the aid of an overhead. presentation (filed), Mr. Chappelle noted accomplishments over the past year of the Disability Advisory Committee including: 1) providing review and a letter of support for the 2012 Community Development Block Grant ecommendations, 2) assisting to prioritize public works accessibility projects, including  Committee.  Elk Grove City Council Regular Meeting, March 28, 2012 Page 1of22    review and comment on accessibility features of the Rain Garden Project, 3) providing input on transit ridership and scheduling to make changes and increase schedules for existing routes and some routes that were discontinued, 4) providing feedback on accessibility issues for the City's new website design, 5) working with the Police Department on accessibility parking enforcement in conjunction with the Volunteers in Police Services (VIPS), 6) awarding the fifth annual Above and Beyond accessibility awards and recognizing October as Disability Awareness Month, 7) meeting with the City Emergency Operations Manager to review the ongoing Accessibility and Functional Needs emergency plan for the community, and 8) developed a page and link from the City's website to the Cosumnes Community Services District parks that offer special accessibility amenities. Mr. Chappelle noted the continuing commitment and focus of the Disability Advisory Committee to continue work on the Accessibility and Functional Needs emergency plan, transit and e-van service review, and support to Public Works 4.3 Derik Calhoun, Regional Vice President for MV Transportation, and Jonathan Sanders, General Manager for MV Transportation and e-tran, recognized Billy Herr as the MV Transportation, Inc. Operator of the Year and Dave Navarro as Operator of the Quarter. Mr. Calhoun also recognized Patricia Hogan and Marsha Anderson for their contributions in taking part in a training exercise with public safety agencies. 4.4 Integrated Waste Program Manager Cedar Kehoe gave a presentation regarding With the aid of an overhead presentation (filed), Ms. Kehoe noted Earth Week activities that would be provided throughout the month of April. Events would start with the 5h Annual Reuse-A-Shoe collection drive program from April 9 to April 30, collecting used athletic shoes to be turned into reusable surfaces for athletic tracks and playground fields. A media kick-off for the Reuse-A-Shoe program was scheduled for April 19 at Laguna Creek High School, and this year the program would be incorporating schools from Sacramento and West Sacramento with the project. A creek clean-up event was scheduled for April 21 at six locations, and a pharmaceutical take-back day was scheduled for April 28 to educate the public on how to properly dispose of pharmaceuticals and prevent contamination of water supplies and landfills. Recycling and composting workshops would be held at the Elk Grove Library on April 11, McConnell Park Community Garden on April 15, and Kaiser South Sacramento on April 20. She noted Daisy Troop 1569 would be participating in a battery recycling project for the City. Ms. Kehoe stated that rain garden workshops would commence in May with the opening of the Rain Garden Plaza to educate participants on methods of various  ine establishing the best practices in regards to accessibility.  upcoming 2012 Earth Week Activities.  sustainable landscaping practices.  Elk Grove City Council Regular Meeting, March 28,2012 Page2of22    Note: Item 4.1 was heard after Item 4.4  4.1 Mayor Cooper presented a Disability Advisory Committee service award to David  Simpson. PUBLIC COMMENT  Dr. Richard Isaacs, representing Kaiser Permanente and the Healthy Eating Active Living (HEAL) Cities Campaign, presented an award recognizing the City of Elk Grove as an active HEAL City, and for adopting and implementing policies to help combat Council Member Davis voiced appreciation for Kaiser Permanente's sponsorship of the Running of the Elk half marathon event to be held April 1, 2012. He provided information related to the event, noting the goal for the event was to attract 1,000 participant runners, and the registration to date had exceeded 2,000, many of whom were Elk Grove residents, but also included participants from all over the country. Gil Moore requested the City Council consider current sign regulations to allow off-site signage for commercial centers located near freeways. He described the development project he had submitted an application for on the northeast comer of Sheldon Road and East Stockton Boulevard, and for the project to remain feasible he needed to maintain prospective commercial tenants who required freeway signage. Stan Mette, Associate with Wood Rogers and speaking in regards to Mr. Moore's development project, provided a handout of examples in nearby jurisdictions (filed) of monument signs adjacent to retail projects, intended to bring patrons off freeways to project sites. He noted the project would not be able to move forward without some form of signage, stating the prospective tenants estimated that off-site, freeway signs generated a 10-15% increase in sales. Mr. Mette cited the economic benefits the project would generate in relation to jobs and tax revenue, and requested revisions be Nikki Carpenter requested City Code Enforcement staff first confirm permit issuance prior to investigating a complaint about a property. She cited the example of a neighbor installing a permitted septic system, which was investigated by the City after a complaint was filed regarding conditions at the project site. Ms. Carpenter believed there were additional instances where Code Enforcement staff were investigating complaints prior Planning Director Taro Echiburu noted that the practice of Code Enforcement was to verify City issued permits and check with internal departments before responding to investigate a complaint at a particular site. In the matter of a septic system, the permit was issued by Sacramento County, and a communication protocol would need to be  obesity and promote healthy lifestyles.  considered of sign regulations to allow off-site, freeway signage.  tov verifying issued permits.  Elk Grove City Council Regular Meeting, March 28,2012 Page: 3of22    evaluated as to how the City could access County files and/or permitting processes to Pam Bradley announced the opening of the Sun Grove Church and invited the Kathy Lee expressed appreciation in hearing the report from the closed session of the special meeting that the City would accept the court's ruling, and pursue actions regarding the contract award for service of City vehicles to Downtown Ford Sales.  respond and evaluate received complaints in a timely manner. community to Easter events to be hosted on April 8, 2012.  GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the March 28, 2012 Administrative Report (filed).  COUNCIL COMMENTS/ /REPORTS/FUTURE AGENDAI ITEMS  Council Member Detrick attended the Sacramento Area Commerce and Trade Organization (SACTO) Salute to New Industry event, the grand opening of the Sun Grove Church, and a Boy Scout ceremony held in honor of Roy Herberger. He received consensus from the City Council for a future item to consider the off-site signage request made during public comment. Mr. Detrick noted that Trails Committee member Sharon Anderson had submitted a request to consider renaming a trail in the City, Assistant City Manager Rebecca Craig confirmed the trail was a City facility, primarily located in the Laguna Ridge area, but noted trails had traditionally been named by the Cosumnes Community Services District (CCSD). Staff would evaluate steps to proceed Vice Mayor Hume stated the Capital SouthEast Connector Joint Powers Authority Board did not meet, and stated he would be attending the South Sacramento County Habitat Conservation Plan meeting on April 3. He attended the Sacramento Regional Transit District (RT) Board meeting which discussed potential service restoration, and received a budget update which noted RT was in a healthier financial position, able to place $4 million into reserves in the current year, and scheduled another $4 million to place in reserves for the following fiscal year to meet mandates by the federal government to remain eligible for funding. He toured operations of the Paratransit, Inc. organization, though missed attending the board meeting, and attended the State of RT Breakfast hosted by the Sacramento Metro Chamber. He attended the Sacramento Regional County Sanitation Board of Directors meeting which voted to hire a public relations firm to conduct outreach as rates could dramatically increase due to state water requirements on waste water treatment plants, and the board discussed abandoning vacant satellite treatment plant sites. Mr. Hume stated that the issues of youths trespassing and vandalizing property near Monterey Trail High School were ongoing,  currently with the name "Shed B."  inn naming a facility.  Elk Grove City Council Regular Meeting, March 28, 2012 Page 4of22    and believed there was miscommunication occurring between the City and the Elk Grove Unified School District regarding the matter. He believed a more coordinated Council Member Scherman attended the Sacramento Metropolitan Air Quality Management District Board meeting and the Sacramento Public Library Authority Board meeting. She attended ribbon cutting ceremonies and attended several local fundraiser Council Member Davis stated the Running of the Elk half marathon event would be held April 1, 2012 benefitting the Elk Grove Youth Sports Foundation, noting the sponsorship of Kaiser Permanente and over 40 additional community business sponsors. He noted a planned trip to Texas by himself, Mayor Cooper, and staff had been cancelled, but would be rescheduled to meet with the Howard Hughes Corporation in Dallas to discuss the status of the regional mall, and to tour major league soccer facilities and operations inF Frisco. Mr. Davis requested staff to arrange for the Howard Hughes Corporation to provide a report and status update of the regional mall, targeting for a regular City Mayor Cooper attended the Sacramento Regional County Sanitation Board of Directors meeting which discussed projected future rate increases due to requirements under the National Pollutant Discharge Elimination System (NPDES) permit. He attended the Youth Commission's Power of One event leadership conference on March 24. Council Member Detrick noted that in recent contact he had with Howard Hughes Corporation representatives, they stated they were working on a plan for the Elk Grove regional mall, and sought industry feedback which they would gather when attending the International Council of Shopping Centers (ICSC) convention in May. Mr. Detrick believed the investment to date by the Howard Hughes Corporation was approximately  effort between the two agencies would aid in resolving the matter.  events.  Council meeting in June.  $120 million.  CONSENT CALENDARI ITEMS  Interim City Attorney Jonathan Hobbs requested Item 8.9 be pulled from the consent  calendar and considered separately.  PUBLIC COMMENT  Lynn Wheat, speaking in relation to Item 8.7 on the General Plan Annual Report, believed that if the City did not intend to pursue development of light rail that such planning elements be removed from the General Plan. She believed the General Plan currently approached City public transportation as either bus rapid transit or light rail, but stated she had been informed at a recent public workshop that the City would not be developing light rail, only bus rapid transit. She noted her dismay of comments that light  Elk Grove City Council Regular Meeting, March: 28, 2012 Page 5 of22    rail was too costly, and of past general plan amendments that had reduced development densities, whereas higher densities would better support light rail future planning and funding opportunities. Ms. Wheat questioned why the City opted out of service provision by the Sacramento Regional Transit District (RT), noting the City's transit system was in an operating deficit, and reports were being provided that RT was improving service delivery, saving funds, considering expansion of its service, and Council Member Davis believed that having the General Plan reflect that both light rail and bus rapid transit was accurate as the City had been and was continuing to pursue planning for both, with the intent that light rail would connect to the area of the regional mall in the future, and the light rail corridors were being zoned and built with higher density dwellings and job centers around the anticipated light rail stops. He noted that bus rapid transit was a means to foster commuter pattems to one day connect to the Vice Mayor Hume noted that installation of 4.3 miles of light rail had a cost of $270 million. He noted clarification regarding reports he had provided of RT, noting that monies were being placed into reserves as a requirement to remain in compliance with the federal govemment, and noted RT still subsidized a majority of operations costs for Mayor Cooper noted the regional priorities for planning light rail was focused on serving downtown Sacramento and the airport, not expanding service to Elk Grove. He noted that prior to the City's transit service, RT provided only commuter service, and did not Motion: M/S Davis/Hume to pull Item 8.9 for separate discussion, and approve the remainder of the Consent Calendar as presented. The motion passed by the  provided light rail.  establishment of light rail service.  their system.  provide local bus service in Elk Grove.  following vote: Ayes: 5; Noes: 0. Agenda Item No.8.1: Agenda Item No. 8.2: Minutes Agenda Item No. 8.3:  Received January 2012 Treasurer's Report  Approved August 10, 2011 City Council Special Meeting Received report on City Manager approved purchases and  contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and  Purchasing, filed through March 21,2012  Agenda Item No. 8.4: and Bids  Received report on Requests for Proposals, Qualifications,  Elk Grove City Council Regular Meeting, March 28,2012 Page 6of22    Agenda Item No. 8.5: (Second Reading) Agenda Item No. 8.6:  Ordinance No. 4-2012 adopted amending Elk Grove  Municipal Code Chapter 16.20 relating to the enforcement of substandard dwellings  Ordinance No. 5-2012 adopted amending Elk Grove  Municipal Code Section 30.50.150 regarding Solid Waste Management payment  security requirements for non-residential haulers (Second Reading)  Agenda Item No.8 8.7: Agenda Item No. 8.8: (Annexation No. 22)  Received the 2011 General Plan Annual Status Report Resolution No. 2012-47 adopted declaring intention to  annex territory to Community Facilities District No. 2006-1 (Maintenance Services) and to levy a special tax to pay for certain landscaping and maintenance services  Note: Item 8.9 was considered separately from the Consent Calendar.  AgendalemNo-B.: Adeptresokvto-awhonagta-CHyManagerio-wecues comsinaion-conad-wiomwutan-Company-ne-fers the-Special Wlaste Colecton-Center-aRd-DisPosal-Lane-Preyest-P-an-ameuC8896-54,667,099; and-auhoazingtheCi/Engneerioaprovedhangeoneie-AaamouRE-PGHO-exceed Agenda Item No.8.10: Resolution No. 2012-48 adopted authorizing the City Manager to execute a consultant contract amendment with Mark Thomas and Company, Inc. for the Grant Line Road Widening Project (East Stockton Boulevard to Waterman Road) in the amount of $148,438 [for a total compensation amount not-to- Agenda Item No.8 8.11: Resolution No. 2012-49 adopted: 1) finding the Citywide Curb Ramp Accessibility mprovements Projects exempt from environmental review under the California Environmental Quality Act; 2) authorizing the City Manager to execute a construction contract with Navajo Pipelines, Inc. for the Citywide Curb Ramp Accessibility mprovements Project in an amount not-to-exceed $140,000, including change orders; and 3) authorizing the City Manager to execute a construction contract with the second lowest bidder if Navajo Pipelines, Inc. does not meet contract execution Agenda Item No. 8.12: Resolution No. 2012-50 adopted authorizing the City Manager to execute the second amendment to City of Elk Grove Commuter, Fixed Route, ADA Complimentary Paratransit and Dial-A-Ride Operations and Maintenance  $885,000  exceed $1,104,792)  obligations  with MV Transportation, Inc.  Elk Grove City Council Regular Meeting, March 28, 2012 Page 7of22    Note: Item 8.9 was considered separately from the Consent Calendar.  Agenda Item No. 8.9: Adopt resolution authorizing the City Manager to execute a construction contract with Diede Construction Company, Inc. for the Special Waste Collection Center and Disposal Lane Project in an amount not-to-exceed $4,667,000; and authorizing the City Engineer to approve change orders in an amount not-to-exceed Interim City Attorney Hobbs stated that a bid protest had been received from the second low bidder alleging deficiencies in the low bid, asking that the current low bid be set aside. Due to the timing constraints to complete the large scale project, and concerns of time delays and costs of litigation that could incur on a bid protest, staff recommended rejection of all current bids and to rebid the project to return for consideration at a special meeting, requested to be called April 26, 2012 at 5 p.m.  $885,000  PUBLIC COMMENT:  Mike Schneider, representing Mascon Inc., stated his firm had filed the bid protest (filed) noting the contract documents required that the general contractor provide no less than 13% of the work to be performed with their own workforce, and based on the information provided to date, he believed the low bidder displayed they would be performing less than 5% of the work. He believed the low bid submitted was unbalanced, listing inaccurate figures for demolition work, and believed that the Diede Construction Company bid should be deemed non-responsive and that the project Brett and Steve Diede, representing Diede Construction Company, requested the item not be rebid, and requested additional time to respond to the bid protest. They believed they exceeded the required workforce percentage set forth in the bid documents, and noted that though a listing error did exist in the bid documents, that error was part of the description on calculating the percentage of self performed work, not a part of the bid Motion: M/S Detrick/Davis to adopt Resolution No. 2012-51 rejecting all bids for the Special Waste Collection Center and Disposal Lane Project, and authorizing the City Engineer to re-bid the project with a scheduled date to consider contract award at a special meeting scheduled for April 26, 2012 at 5:00 p.m. The motion passed by the  award should to go Mascon Inc.  total.  following vote: Ayes: 5; Noes: 0. PUBLIC HEARINGS Agenda Item No. 9.1:  A public hearing to adopt the 2011-12 Community  Development Block Grant (CDBG) Action Plan Amendment #3; and a public hearing to  Elk Grove City Council Regular Meeting, March 28, 2012 Page 80 of22    consider the 2012-13 CDBG and Community Service Grant funding recommendations and authorize staff to release the draft 2012-13 CDBG Action Plan for public review  RECOMMENDATION  Staff recommends the City Council hold two public hearings:  1) Open the first public hearing and adopt resolution adopting the third amendment to the Fiscal Year (FY) 2011-12 Community Development Block Grant (CDBG) Action  Plan; and  2) Open the second public hearing:  A. Provide preliminary approval or direction regarding the allocation of FY 2012-13 B. Direct staff to release the draft 2012-13 CDBG Action Plan for public review. Sarah Bontrager, Housing Program Manager, provided an overview of the staff report and recommendation. The amendment proposed to the 2011-12 CDBG Action Plan would reallocate funds for the construction of Americans with Disabilities Act (ADA) compliant curb ramps in 27 locations, selected in consultation with the Disability Mayor Cooper declared the public hearing to consider adopting a resolution adopting the third amendment to the Fiscal Year (FY) 2011-12 Community Development Block  CDBG and Community Service Grant funds; and  Advisory Committee, to be built in the month of April.  Grant (CDBG) Action Plan open. PUBLIC COMMENT: None.  Mayor Cooper declared the public hearing closed.  Motion: M/S Davis/Cooper to adopt Resolution No. 2012-52 adopting the third amendment to the Fiscal Year (FY) 2011-12 Community Development Block Grant (CDBG). Action Plan. The motion passed by the following vote: Ayes: 5; Noes: 0. Mayor Cooper declared the public hearing to provide preliminary approval or direction regarding the allocation of FY 2012-13 CDBG and Community Service Grant funds With the aid of an overhead presentation (filed), Ms. Bontrager reviewed the FY 2012- 13 CDBG allocation in the amount of $785,930, with $106,000 from prior year funds, and the remainder being $680,000 in new funds for FY 2012-13. Limitations on the expenditure of CDBG funds for eligible activities included that only 15% could be used  open.  Elk Grove City Council Regular Meeting, March 28, 2012 Page 9of22    for public services, 20% for planning and administration, and the remainder for capital projects. For Community Service Grants, the allocations approximated $300,000, the same as the previous two years. The staff recommendations took into account that proposed activities must meet a national objective of either benefitting low income persons or preventing / eliminating slum or blight, must serve areas listed as eligible according to the U.S. Department of Housing and Urban Development (HUD) which oversees the CDBG funding, and CDBG funds could not supplant local government funding. She noted this year the application process included a joint application for the CDBG and Community Service Grant funding. She stated 34 applications were received, the total requested amount exceeded $2 million, and staff reviewed the applications for feasibility of implementation, budget reasonableness, administrative capacity of the organization, the level of impact to residents, and whether or not an applicant had any matching funds. Ms. Bontrager reviewed the staff recommendations Council Member Scherman noted the staff recommendation for Elk Grove Adult Community Training (EGACT) was primarily for weather stripping, and inquired if the installation of automatic doors from the EGACT application request could be included, noting the difficulty in opening the weighty front doors of the current EGACT facility. Ms. Bontrager stated staff had only proposed funding for weatherization which was the best fit for CDBG funds, the automatic door installation could be further evaluated but a concern was originally raised in the organization's ability to implement the project. Inre reply to Vice Mayor Hume, Ms. Bontrager noted the funding for the Elk Grove Water District was for installation of backfiow devices and meters into apartments of low- income households, some of which were owned by Sacramento Self-Help Housing. She stated the Elk Grove Water District was not matching any funding to alleviate costs Ms. Bontrager reviewed the staff recommendations for the CDBG service recommendations which totaled over $102,000, and the Community Service Grant funding totaled $300,000. The next process steps included releasing the draft Action Plan for final review and adoption scheduled for May 9, and the Community Service Council Member Davis requested that the stated rationale for not funding requests be included ini future staff reports to aid the review of the staff recommendations. Interim City Attorney Hobbs requested that prior to consideration of a final recommendation that individual council members recuse themselves from participating ina any decisions for the award of certain CDBG and Community Service Grants as follows: 1) for the Elk Grove Food Bank, Council Member Detrick should reçuse himself as his wife served on the Food Bank Board, 2) for Human Rights / Fair Housing Commission (HRFHC), Mayor Cooper and Council Member Detrick should recuse  for public facility recommendations, totaling over $577,000.  of the device installation.  Grants would be adopted as part of the annual budget.  Elk Grove City Council Regular Meeting, March 28, 2012 Page 10of22    themselves as they served on the HRFHC Board, and 3) for the Senior Center, Vice Mayor Hume and Council Member Scherman should recuse themselves as they served on the Senior Center Board. Mr. Hobbs recommended these three grant requests be taken first and separately after public comment, that the impacted members step out of the room while those were decided, and once those three had been addressed then the  Council as a whole could address the remaining grants.  PUBLIC COMMENT:  Pat Beal, representing the Senior Center, thanked the City for its support. She stated the Dial-A-Ride program provided 9,300 one-way trips last year, serving approximately 75 seniors per month, and noted the Senior Center worked in conjunction with the Food Bank to increase awareness of the availability of the Meals on Wheels Program. Kendra Lewis, Executive Director of the Elk Grove Police Activities League (PAL), thanked the City for its support. She noted PAL efforts were focused on expanding its base of volunteers, currently at 50, by partnering with organization associations to conduct outreach to seek additional volunteers, and utilizing Americorps and Sacramento State Intern Program volunteers. She reviewed activities of the prior year, noting PAL had hosted a fundraiser golf tournament, received a national grant for mentoring leadership from the National Police Activities League, the PAL all-star football program participated in a national playoff competition, and a competitive robotics team had been formed establishing a goal to host a regional tournament next year. Barbara Lehman, Executive Director of the Human Rights / Fair Housing Commission (HRFHC), noted HRHFC provided various services to the City including: 1) a 24-hour hotline for callers to address issues of code enforcement, evictions, small claims, and homelessness and landlord issues, 2) provision of education and outreach through informational handbooks (often utilized by law enforcement) to direct individuals to resources on topics related to housing issues and prevention of domestic violence, 3)v working with utility companies to enable a tenant to become a utility customer if a landlord becomes delinquent ori in foreclosure / default of the home, and 4) participating in a Fair Housing Audit under recommendation by HUD to test for housing Mike Retzlaff, representing the Elk Grove Food Bank, thanked the City for its support. He noted the client base continued to grow, including an increase in the number of senior citizens and children served, and currently five mobile feeding programs were Mary Anne Chappelle, representing Support Works, stated the program clientele rose 40% in the last year. She reviewed program offerings of Support Works including tutoring and assistance for job searching, life readiness classes, and development of skills related to decision making, coping with emotions, accessing community  discrimination based on sexual orientation in Sacramento County.  utilized to provide both food and clothing to clients.  Elk Grove City Council Regular Meeting, March 28, 2012 Page 110 of22    resources, and general finance and nutrition education. Through the program a case manager was available to provide one to one support, and volunteer mentors provided clients with encouragement. and support. She noted that the nearest location to receive any form of related support services was eight miles away. Ms. Chappelle noted the services were provided in conjunction with the resources and support provided by the Elk Grove Food Bank, and Support Works was expanding such complimentary partnerships, as this year General Educational Development (GED) and English as a Second Language (ESL) classes were offered through the Elk Grove Adult Education Russ Croco, executive director of Teen Center USA, thanked the City for its support. He noted Teen Center USA had restructured, reworked services programming and format, and had attained 501(c)3 status. He stated a goal of the Teen Center was to be self supporting within the next three years, noting that private funding had increased, and the center had obtained 8 grants in the last year. Mr. Croco stated the Teen Center continued to be the only youth service organization that provided all services free of charge to youths, and noted that as programs and services continued to grow space was becoming an issue to the point of having to restrict the number of participants. John Foley, representing Sacramento Self-Help Housing, noted to date 60 clients had been served in Elk Grove who were facing homelessness issues, five cases were able tov work with their landlords, 29 were able to find new housing, and one was moved into a transitional house in Sacramento. He voiced appreciation for the support given to the Elk Grove Food Bank, the People Assisting the Homeless (PATH) program, and other Christine Morgan, Cindy Mallen and Gwen Goree shared their experiences utilizing services from the Support Works program and the Elk Grove Food Bank, and  Distance Learning Program.  support services to aid people against homelessness and hunger.  expressed their appreciation and gratitude for the programs. Mayor Cooper declared the public hearing closed.  Note: Per the request of Interim City Attorney Hobbs, individual Council Members recused themselves from discussion and consideration of funding to the three organizations of the Elk Grove Food Bank, the Human Rights / Fair Housing  Commission, and the Senior Center as indicated below. Note: Council Member Detrick left at 8:05 p.m.  By City Council consensus (ayes - Cooper, Hume, Davis, Scherman; absent - Detrick), the staff recommendation as presented for the Elk Grove Food Bank was confirmed and preliminarily approved regarding the allocation of FY 2012-13 CDBG and Community  Service Grant funds.  Elk Grove City Councii Regular Meeting, March 28, 2012 Page 12of22    Note: Mayor Cooper left at 8:06 p.m.  By City Council consensus (ayes - Hume, Davis, Scherman; absent - Cooper and Detrick), the staff recommendation as presented for the Human Rights IF Fair Housing Commission was confirmed and preliminarily approved regarding the allocation of FY Note: Vice Mayor Hume and Council Member Scherman left at 8:06 p.m., and Mayor By City Council consensus (ayes - Cooper, Davis, Detrick; absent - Hume and Scherman), the staff recommendation as presented for the Senior Center was confirmed and preliminarily approved regarding the allocation of FY 2012-13 Note: Vice Mayor Hume and Council Member Scherman returned at 8:07 p.m., the remaining staff recommendations for allocations of FY 2012-13 CDBG and Community Service Grant funds were considered with all Council Members present. Vice Mayor Hume believed the staff recommendations reflected priorities of placing needs of people over animals or places, and voiced support for the remaining staff In reply to Council Member Scherman, Ms. Bontrager stated the installation of automatic doors for the training facility from the Elk Grove Adult Community Training (EGACT) application request was $28,000, and the project would qualify as a capital project. She noted that in consideration of reallocating funding, a relatively scalable capital improvement project was the Americans with Disabilities Act (ADA) compliant curb ramp project that currently was funded at $159,000, and the needed funding for the EGACT request could be accommodated by reducing the number of curb ramps By City Council consensus direction was given to transfer $28,000 from the ADA compliant curb ramp project to add the EGACT installation of automatic doors to the  2012-13 CDBG and Community Service Grant funds. Cooper and Council Member Detrick returned at 8:06 p.m.  Community Service Grant funds.  recommendations for funding.  installed.  current EGACT facility improvement project funding.  Agenda Item No. 9.2:  A public hearing to consider introduction of an ordinance  repealing Elk Grove Municipal Code Chapter 22.15, Contiguous Land and Merger, and Chapter 22.140, Notice of Merger, from Title 22, Land Development, and adopting  Chapter 22.16, titled Contiguous Land Merger and Unmerger  RECOMMENDATION  Introduce and waive the full reading, by substitution of title only, an ordinance repealing Elk Grove Municipal Code Chapter 22.15, Contiguous Land and Merger, and Chapter  Elk Grove City Council Regular Meeting, March 28,2012 Page 13of22    22.140, Notice of Merger, from Title 22, Land Development, and adopting Chapter  22.16, titled Contiguous Land Merger and Unmerger.  The verbal presentation was waived.  Mayor Cooper declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Cooper declared the public hearing closed.  Motion: M/S Hume/Davis to introduce and waive the full reading, by substitution of title only, Ordinance No. 6-2012 repealing Elk Grove Municipal Code Chapter 22.15, Contiguous Land and Merger, and Chapter 22.140, Notice of Merger, from Title 22, Land Development, and adopting Chapter 22.16, titled Contiguous Land Merger and Unmerger. The motion passed by the following vote: Ayes: 5; Noes: 0. REGULAR, AGENDA ACTION ITEMS /RECOWMENDATIONS  Note: Item 10.2 was the first item for consideration under the regular agenda action items prior to Item 10.1 as noted under the approval of the meeting agenda. Agenda Item No. 10.2: Review results of the City's Request for Proposals for an  Aquatic Center Operator and provide direction as appropriate  RECOMMENDATION:  Review the results of the City's recent Request for Proposals for an Aquatic Center Heather Ross, Economic Development Coordinator, provided an overview of the staff report and recommendation. Five proposals were received in response to the Request for Proposals (RFP) for an aquatic center operator. During the RFP review process concerns were raised by staff regarding: 1) cost of the annual subsidy requested under each proposal, which in all cases was in excess of that projected by the City, 2) all RFP proposals received did not address attracting, marketing, or hosting regional or national tournaments, and 3) the proposals received were for a typical community pool, duplicative of existing facilities and services currently available in Elk Grove. She reviewed alternative options on how to proceed, including rebidding the proposal with revised criteria, moving forward in constructing a project as proposed under a current RFP submittal, or returning to discussion of options for the site if the aquatic center was not pursued. Ms. Ross noted one of the proposals received was for a commercial water  Operator and provide direction as appropriate.  Elk Grove City Council Regular Meeting, March 28, 2012 Page 14of22    slide park, which was deemed non-responsive to the RFP as it did not include the requested tournament facilities, but staff believed such a commercial water park facility would be a unique amenity in the Elk Grove area that could merit further consideration. Council Member Davis noted an operating deficit was anticipated for the facility, and believed an economic analysis of benefits from hosting tournaments and events would Ms. Ross remarked that such economic analysis had not been conducted for the envisioned tournament facility. Analysis available to date was for a standard community center pool, which did not generate significant economic benefits, but the tournament / Vice Mayor Hume requested for future reports that if proposals received in response to an RFP returned with a wide variation in scope and design that a synopsis be provided  provide means to help off-set such costs.  event aspect had not been evaluated.  of what each company offered and the general nature of the proposals.  PUBLIC COMMENT:  Brenda Smart, head coach of Elk Grove Piranhas and assistant coach for the Laguna Creek High School swim team, observed the community had limited pool space to accommodate competitive aquatic sports. She stated 350 participants were signed up for the Piranhas program, being the largest team in Northern Califomia, and that the Elk Grove Unified District had almost 500 swimmers on high school teams. The one adequate swim facility for the community of competitive swimmers in Elk Grove was the Wackford Aquatic Complex. The ideal facilities would provide multiple, adjoining pools, centered on an Olympic sized pool, and with such facilities it could better position local groups to form USA Swimming and United States Masters Swimming (USMS) programs, along with providing for other aquatic sports such as water polo, diving, and synchronized swimming. Ms. Smart noted competitive Elk Grove swimmers today primarily train and compete elsewhere in the region, and provided examples of fees ($5,000 to $10,000 facility rental fees) and spending that Elk Grove competitors and Mark Sams, President of Elk Grove Piranhas and representative to the Northern California Swim League, noted the Elk Grove swim community was conducting research and outreach to form USA Swimming, USMS, and water polo national programs, including seeking grants to fund construction of needed pool facilities. He believed that the large population of potential swimmers in Elk Grove was attractive to both national organizations and potential club programs as well. Mr. Sams noted Northern California Alicia Jacobs voiced support for building an aquatic center, and attested to spending an average of $500 when attending tournaments with her family in costs for hotel stays,  families spend in other communities to attend swimming events.  tournaments could draw over 1,000 competitors.  Elk Grove City Council Regular Meeting, March 28, 2012 Page 15of22    food, and shopping. Ms. Jacobs believed swimming was an excellent sport option for Gina Pernetti, Board Member of Elk Grove Piranhas, stated there was a demand for aquatics programming in Elk Grove, but additional facilities were needed as currently program applicants were being turned away due to space restrictions. She believed that, with a façility, tournaments could be held in Elk Grove which would attract large Council Member Scherman supported the aquatic facility but did not support the City Manager Gill noted that the limited, year-round designation identified in the staff report indicated that a competition pool would be operated on a year-round basis, and the other pool or pools would be operated on a seasonal basis (typically four months). From the RFP responses received, the majority assumed a four month operating season, and the Cosumnes Community Services District (CCSD) proposal operated Council Member Detrick supported constructing a facility, but believed that traditionally swim facilities were funded through property tax, and the responsible agencies to provide swim facilities were the CCSD and the Elk Grove Unified School District (EGUSD). He posed looking into a joint use facility, with the City donating the land, the CCSD and EGUSD investing funds, and either of those agencies taking on continued operations. He suggested that the Jerry Fox Swim Center, operated by the CCSD, should be evaluated for being refurbished, and that national swim organizations be contacted to provide facility parameters. Mr. Detrick did not believe cost recovery could be achieved solely through increased economic benefits of hosting tournaments that Vice Mayor Hume noted the EGUSD continued to see program budget cuts, and it was not likely additional funding for swimming facilities would be allocated. He believed the RFP responses did not address the magnitude of facility, nor realized economic benefit opportunities, envisioned in hosting tournaments and being a recreational destination facility. As fees were established by the City for an aquatics center in the Civic Center complex, he believed the expectation existed to have such a facility built. He felt the current explorations of a ballpark sports facility at the Civic Center site were impinging on the aquatic center and services provided by the CCSD. Mr. Hume believed the land should be retained for the future aquatic center, further options should be explored of amenities that could be offered in conjunction with the aquatic center, and the RFP should be revised to focus on the tournament aspects and complementary aquatic uses  youth.  groups of visitors, and bring increased revenue benefits to the City.  substantive subsidy as quoted in the RFP responses.  with the competitive pool open year-round.  would match the yearly subsidies currently quoted in the RFPS.  within the Civic Center Complex.  Elk Grove City Council Regular Meeting, March 28, 2012 Page 160 of22    Mayor Cooper noted that of the six high schools built in the last 20 years none provided a pool. He advocated for a partnership with the CCSD and potentially private partners, and agreed the Civic Center was the location to build a tournament complex. Assistant City Manager Rebecca Craig stated $15 million in funds were set aside based on the original scoping that included both the sports fields facility (15 acres) and the Olympic sized pool aquatic facility (5 acres), and those allocations left little funding for any other Civic Center facilities until additional funds were collected. She noted that in all responses received to date for both facilities, all requested more land. If changing the scope of either project was to be considered, which could entail how land was allocated, costs would need to be recalculated if different plans were considered. Council Member Davis did not favor the large subsidy proposed under the RFPS, but believed savings could achieved through partnerships, such as with the CCSD, and the inclusion of further economic analysis would provide a broader understanding of benefits from building such a facility that could off-set on-going operational costs. City Manager Laura Gill summarized that no action would be taken on the current RFPS submitted as they were non-responsive to attracting and hosting tournaments, that staff would evaluate different models and provide an economic impact analysis, and would evaluate options to reduce current proposed operating subsidies. It was not expected than an aquatic center could operate without some form of subsidy, but in evaluating further options (such as comparing indoor VS. outdoor facilities, or comparing a private vendor VS. staff to provide tournament marketing) and examining practices of regional aquatic facilities, such as the City of Folsom, staff would work towards further defining Agenda Item No. 10.1: Consider introduction of an ordinance amending Elk Grove Municipal Code Chapter 6.22 related to Secondhand Smoke and provide direction to staff concerning smoking policies and regulation for multi-unit housing developments  facility needs for a basis to reduce the operating subsidy.  RECOMMENDATION:  1) Introduce and waive the full reading, by substitution of title only, an ordinance amending Elk Grove Municipal Code Chapter 6.22 to remove smoking regulations superseded by California State Law and to make minor amendments clarifying the 2) Provide direction in considering Elk Grove's smoking policies relative to the continuing evolution of societal norms, public expectations, and the regulations of other jurisdictions within the State of California specifically regarding regulation of With the aid of an overhead presentation (filed), Robert Lehner, Chief of Police, provided an overview of the staff report and recommendation. In September 2011 the  remaining code; and  smoking in multi-unit housing developments.  Elk Grove City Council Regular Meeting, March: 28, 2012 Page 17of22    Elk Grove Municipal Code was amended for consistency with state laws regulating smoking, and clarified regulations related to smoking in vicinity to children's facilities. Since that time additional subjects were identified in the Elk Grove Municipal Code to be brought into accordance with state law, which was the ordinance presented for Council consideration tonight. In addition, at the time of the City's amendments in 2011, public comment was received to consider prohibiting smoking in senior affordable housing, and at the state level, Senate Bill (SB) 332 had been approved, becoming effective in 2012, affirming that a property owner could restrict smoking on their property. Staff conducted research of policies in other jurisdictions regarding smoking prohibitions in affordable or senior housing and found the American Lung Association performed an annual study comparing what cities should regulate, and provided an evaluation of agencies relative to those additional smoke free policies beyond that already required by state law. The information provided an overview of secondhand smoke policies in categories that were not otherwise regulated by state law, and were comprised of three categories of outdoor air, multi-unit housing (including affordable housing), and reducing sales of tobacco products. Chief Lehner noted that on the evaluation scale of A toF, Elk Grove had received a C grade (though performing well on reducing sales of tobacco products, the City had few other regulations as evaluated by the American Lung Association). He summarized the report as follows: 42 jurisdictions in California addressed smoking in multi-unit rental housing in some form or another; all held in common regulating smoking in outdoor common areas, balconies, and patios; 21 jurisdictions required some or all residential multi-unit housing units to be non-smoking (with 13 of those 21 held that such units be 100% non-smoking); 27 held disclosure requirements to non-smokers that smoking units existed at the facility; and only two jurisdictions specifically separated subsidized housing from non-subsidized housing (the majority, if regulating, chose to regulate all forms of multi-unit housing). He noted a primary rationale for regulating affordable housing contained in documents of the U.S. Department of Housing and Urban Development (HUD) was that residents of multi-unit housing were typically of lower income, did not have the economic mobility to move at- will, and often the resident population was primarily elderly or youths - two groups that were more susceptible to the effects of secondhand smoke. An additional item of concern for senior multi-unit housing was the issue of resident personal mobility to safely vacate a facility in the event of a fire. Chief Lehner stated that the current policy of the City was to not address smoking on private property except where required by state law (such as workplaces), and summarized alternate policy options that could be considered to further regulate smoking in multi-unit residences (whether all multi-unit  residences or only in subsidized affordable housing units).  PUBLIC COMMENT:  Mimi Dixon, resident at Renwick Square Senior Apartments, voiced support to implement all of the smoking regulation options for multi-unit housing. She stated she  Elk Grove City Council Regular Meeting, March 28, 2012 Page 180 of22    had resided for five years in proximity to a smoker, being subject to the ill effects of secondhand smoke. She felt she had received no reçourse from the management of Renwick Square Senior Apartments to address secondhand smoke in the facility, and noted there were few apartment complexes in Elk Grove that were smoke free. She expressed concern for the safety for seniors facing mobility issues, describing an experience evacuating from the complex during a fire. She opposed the opinion that smokers in multi-unit housing can do as they like in their own residence when they are in close proximity creating secondhand smoke that impinges on the lives of others. Ann Coffee, resident of Renwick Square Senior Apartments, stated that in 13 years residing at the facility there was only one month in which she did not have a neighbor who was a smoker, and at one time she had three smokers that surrounded her apartment. She noted she did not complain about the nuisances of her neighbors' smoking, or the effects of secondhand smoke, because she had been told individuals who chose to smoke in their residence had such rights. Ms. Coffee read a letter from another resident of the complex supporting all smoking regulation proposals on multi- unit housing, and voiced her position to prohibit smoking in the city limits. Inr reply to Vice Mayor Hume, Chief Lehner noted that recent surveys conducted by Renwick Square Senior Apartments to determine residents' opinions on the subject of Linda Valles, resident of Renwick Square Senior Apartments, detailed symptoms she experienced that she believed were caused by exposure to secondhand smoke, and described how secondhand smoke permeated walls, floors, plumbing, and air flows of the complex. She believed property owners and managers were more concerned about filling the building to capacity than providing for resident health. She supported a Cory Koehler, Senior Deputy Director of Government Affairs of the Rental Housing Association of Sacramento Valley (RHA), noted his organization represented owners of approximately 100,000 rental units in the region. He advocated the issue of smoking regulation in multi-unit housing should be left to the property owner. RHA promoted that property owners offer non-smoking facilities, noting many non-smoking units were available in the Elk Grove area. He raised concerns that regulation could impact future apartment developments in the area, and property owners felt that law enforcement of smoking regulations would be an inappropriate use of officer resources. He stated Renwick Square Senior Apartments was an RHA a member, and management at the complex had conducted two surveys to date, the first in October which had a 30% response rate, and another survey more recently. The management had inquired to RHA how to implement non-smoking policies. Mr. Koehler requested the Council to direct staff to work with RHA, conduct a comprenensive inventory of non-smoking units and common areas in the City, and direct staff to provide incentive programs both for existing apartment communities (such as easing sign restrictions) and new apartment  non-smoking policies had to date not been released.  complete ban on smoking in the city limits.  Elk Grove City Council Regular Meeting. March 28, 2012 Page 19of22    communities (reducing impact fees or use regulations when units were designated non- Inr reply to Council Member Davis, Mr. Koehler noted that RHA conducted outreach to owners and managers to incentivize the benefits of offering non-smoking units, including reduced tenant turnover costs, extended life of appliances and facilities, reduced repair costs, and potentially reduced property insurance premiums. RHA staff Cherri Grime voiced support to implement all of the smoking regulation options for multi- unit housing. She detailed the effects to her health experienced by exposure to secondhand smoke in her apartment complex, and described measures she invested in Nancy Myers advocated for clean air through no smoking policies, finding cigarette smoke affected both her health and her income as she also had to invest in air purification systems and measures to seal and secure her residence from the Darlene Frazier, resident of Renwick Square Senior Apartments, attested to the habits of smoking neighbors in the complex, noting the secondhand smoke of neighbors permeated her residence, creating odor nuisances and health issues. Ms. Frazier believed individual smokers in multi-unit homes impinged on the rights of other non- smoking residents, and was in support of creating a smoke-free environment. Leon Weston attested to the detrimental effects of smoking and secondhand smoke, Dr. Olivia Kasirye, Public Health Officer for Sacramento County, stated there was no safe level of secondhand smoke, and described the detrimental health effects of smoking and secondhand smoke. She noted secondhand smoke increased health risks, and this was particularly true for children and the elderly. She stated that 87% of Californians do not smoke, and that when considering the rights of smokers, the rights of the majority non-smokers should be considered as well. Dr. Kasirye stated that Sacramento County provided resources to aid individuals to quit smoking, and a hotline offered by the State Department of Health was available at 1-800-662-8887. Theresa Boschert, representing the Public Health Institute, stated the organization was partnering with agencies to implement non-smoking policies to create smoke-free multi- unit housing when funded by federal monies. She appreciated efforts of RHA but believed more could be done to advance non-smoking policies. She noted HUD currently encouraged all owners and operators to become smoke-free for health reasons, to reduce fire danger, and to reduce liability caused by exposing seniors, children, and families to air contaminants. She believed smoke-free policies protected  smoking).  also conducted outreach on methods to implement no smoking policies.  to try and safeguard her apartment from secondhand smoke.  secondhand smoke generated by others in the complex.  and was in support of non-smoking regulations.  Elk Grove City Council Regular Meeting, March 28, 2012 Page 20 of22    both apartment owners and renters. Ms. Boschert provided process steps to implement smoke-free policies including: 1) ensuring no permanent grandfathering of smoking was allowed, 2) implementing a reasonable phase-in period of time sO renters were aware prior to their next lease renewal, 3) using the phasing period to educate tenants to quit smoking, 4) designating an outdoor smoking area away from the building, and Carolyn Martin, Chair of the Sacramento County Tobacco Control Coalition, cited that improved resident health, reduced facility cost maintenance, and complaint management advantages resulted when restricting smoking in apartment complexes. She believed enforcement of regulations was effectively handled through signage, but supported enforcing such violations under the law to provide a greater impact for those choosing to violate regulations. She preferred having smoke-free units, and advocated for full disclosure notification if smoking units existed in a facility. Ms. Martin voiced agreement with previous statements that exposure outdoors was dangerous, to restrict any smoking in common areas, courtyards, balconies and patios, and if smoking were to occur to encourage designated smoking areas away from the facility, making Council Member Detrick suggested consideration of assistance programs to help The City Council responded to the smoke-free policies for multi-unit housing submitted by staff for review, encouraging policies to offer a percentage of non-smoking units, permitting designation of off-site outdoor smoking areas, creating smoke-free common areas, and having disclosure requirements to prospective tenants of smoking restrictions. The City Council voiced concern for implementing a citywide policy to further regulate smoking in multi-unit residences, believing private owners of facilities had standing to consider such policies, and in the instance of current citizen concems, found many of the speakers primarily addressed one facility. The City Council believed that meeting with the management, owners, and residents of Renwick Square Senior Apartments, and the Rental Housing Association, would provide a means to address issues at the particular site, creating the forum to discuss incentivizing implementation of non-smoking policies with property owners, rather than creating a mandated, citywide approach. The City Council then took action on the staff suggested ordinance to bring regulations in the Elk Grove Municipal Code into accordance with state law as follows: Motion: M/S Hume/Davis to introduce and waive the full reading, by substitution of title only, Ordinance No. 7-2012 amending Elk Grove Municipal Code Chapter 6.22 to remove smoking regulations superseded by California State Law and to make minor amendments clarifying the remaining code. The motion passed by the following  5) ensuring there was abundant signage.  resources to quit smoking readily available.  individuals move out of facilities that currently permitted smoking.  vote: Ayes: 5; Noes: 0.  Elk Grove City Council Regular Meeting, March 28, 2012 Page 21 of22    Interim City Attorney Hobbs confirmed that a non-regulatory approach would be taken in regards to smoke-free policies for multi-unit housing, and staff would continue to work with RHA, the Renwick Square Senior Apartments management, and residents to address concerns at that specific property through ar non-mandated approach.  ADJOURNMENT  With no additional business to conduct, the March 28, 2012 City Council regular  meeting was adjourned at 10:13 p.m.  ph JASONL LINDGREN,GHYCLERK  ATTEST:  Lpa MAYOR  46  Eik Grove City Council Regular Meeting, March 28, 2012 Page 22of22