CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, February 22, 2012  REGULAR MEETING  CALL TO ORDER/ROLLCALL  Mayor Cooper called the regular City Council meeting of February 22, 2012 to order at  6:05 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 Scherman/Detrick to approve 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 Chair Mark Mendenhall gave a presentation on the Trails Committee Annual Mr. Mendenhall noted the continuing goals of the Trails Committee to improve bike and trail facilities to encourage community trends towards non-motorized vehicle trips, to promote personal and community health, and provide safe routes for non-motorized travel. He noted that grant funding was often not a reliable funding source, and he believed additional City investment would be needed to connect and expand the trail system. He noted the Trails Committee had transitioned its staff support from the Planning Department to the Public Works Department. He reported on three current projects including the extension of the trail on Laguna Creek that connected into  Update.  Elk Grove City Council Regular Meeting, February 22,2012 Page 1of9    Camada Court, the Camden Passage South Spur, and the Elk Grove Creek Trail Crossing at State Route 99. Projects on the horizon, or in initial planning phases, were the Camden Passage North Spur (taking the trail up to Camden Estates), an extension down Elk Grove Creek to Falcon Meadow Drive, an in-fill path along a drainage canal in the Strawberry Creek area, and the beginning phases for another State Route 99 over- crossing. Community enhancement projects were in process to create 10- and 20-mile residential and fitness loops designated through signs and markings on the street visible for bicyclists, as opposed to signing neighborhoods. Way finding signs along trails were being explored to provide directional signage to destination locations throughout the City for both recreation and business / commercial centers. The Trails Committee reviewed the Laguna Springs Corporate Center Phase 2 Project, which combined efforts of adjacent properties to implement trail extensions from Laguna Boulevard to Oneto Park and a spur extension to Miwok Park providing for increased connectivity. The Trails Committee also reviewed the Silverado Village project, noting that though the project was in proximity to a large amount of open space, additional in-fill green belts were suggested to be offered throughout the project to provide improved access to the surrounding open space areas. The Trails Committee pursued additional projects including review of major retail centers to improve on bike rack and locking rack-type facilities, posting an enhanced trails map on the City website, conducting a community outreach program highlighting area trails, and preparing for circulation of a community survey to identify interests, needs, and priorities of trail projects in the community. In reply to Council Member Scherman, Mr. Mendenhall noted bike storage sites, such as a locker type facility, were typically not considered for general public uses, and more often were seen as part of a private business or employer / employee arrangement to Council Member Detrick suggested that opportunities be explored to see how the City's trails system could connect with regional trail systems, noting such potential as linking  rent or check-out such facilities.  the local City trail network to the Interstate 5 corridor trails system.  PUBLIC COMMENT  Lynn Wheat shared comments she had made in 2003 relative to the General Plan, and believed many of her questions posed then remained relevant today, questioning if City planning was directed by private development interests. She believed any City planning should prioritize resident values to improve quality of life, which could be attained through a controlled growth plan. She noted that planning workshops for the SouthEast Policy Area would soon commence seeking resident input, but voiced her skepticism believing that resident feedback, and adherence to plans, had consistently been ignored  and could be seen in the history of amendments and rezones to plans.  Elk Grove City Council Regular Meeting, February 22,2012 Page2of9    Ed Owen addressed the Sphere of Influence (SOI) application of the City, and voiced his concern regarding developer investment purchasing lands in the proposed SOI area. He believed the City needed to focus efforts within existing boundaries rather than shift focus to the SOI area as he approximated 5,000 acres of underutilized properties were within the current City limits. Mr. Owens noted the recent citizen survey, which received 300 responses, was not representative of the full population of the City, and believed an electronic survey should be conducted to encourage a higher rate of participation. Mayor Cooper noted ongoing meetings regarding the SOI were occurring, and believed the City could improve on educating and engaging the public in discussions of the SOI toi increase participation in issues of local planning and land use control. He cited the example of the City maintaining the rural area of East Elk Grove, noting that prior to the City's incorporation, that the area was designated by regional agencies to be built out  and urbanized.  GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the February 22, 2012. Administrative Report (filed).  COUNCIL COMMENTS/REPORTS/FUTURE AGENDA ITEMS  Council Member Detrick noted the City website update had been released. He attended the groundbreaking ceremony for the Cosumnes River College Elk Grove extension campus and the 3rd Annual Russian-speaking capitol reception. He noted meetings continued through the Council ad hoc committee with state agencies to locate facilities Vice Mayor Hume noted the Capital SouthEast Connector Joint Powers Authority Board would meet the first week in March, and that he was not able to attend the Sacramento Regional County Sanitation Board of Directors meeting. He attended the groundbreaking ceremony for the Cosumnes River College Elk Grove extension campus, and attended the Sacramento Regional Transit District Board meeting which discussed use of full vehicle wrap graphic art on buses and trains, considering both advertising or engaging a public art component through such a graphic medium. Mr. Hume requested a future agenda item for a workshop or presentation regarding uses of buildings in industrial zoned areas, suggesting consideration of an overlay zone Planning Director Taro Echiburu noted an item was scheduled to return for City Council consideration in the near future regarding land use of industrial zoned buildings. Council Member Scherman attended the Senior Center of Elk Grove Board meeting which held budget discussions, and she attended the groundbreaking ceremony for the  in Elk Grove.  to permit additional uses for identified buildings.  Elk Grove City Council Regular Meeting, February: 22,2012 Page3of9    Cosumnes River College Elk Grove extension campus. She noted attending the City of Elk Grove staff award luncheon, and extended congratulations to staff member Mona Note: Council Member Scherman provided an additional report item regarding appointment to the Multicultural Committee at the end of the meeting, listed under the Mayor Cooper attended the Sacramento Regional County Sanitation Board of Directors meeting which decided to cancel any further study of installing a wind turbine near Franklin Boulevard, as residents in the surrounding area opposed such a project and environmental issues were identified in relation to the proposed project's proximity to a  Schmidt and fellow program nominees.  Adjournment.  wildlife sanctuary.  CONSENT CALENDARITEMS PUBLIC COMMENT  Steve Lee voiced opposition regarding entering into the contract identified under Item 8.3 with Conventions Sports & Leisure in the amount of $50,000 for advisory services regarding Major League Soccer. He believed it was premature for the City to be exploring attraction of a professional soccer facility to Elk Grove, and suggested staff be assigned to the project, in lieu of incurring costs to a contractor, to conduct initial Motion: M/S Hume/Scherman to remove Item 8.5 for separate consideration, and approve the remainder of the Consent Calendar as presented. The motion passed by  research on the topic.  the following vote: Ayes: 4; Noes: 0; Absent: 1 (Davis).  Agenda Item No. 8.1: Agenda Item No. 8.2: meeting  Received December 2011 Treasurer's Report  Approved City Council meeting Minutes: 1). June 22, 2011  regular meeting; 2) June 24, 2011 special meeting; and 3) July 13, 2011 special  Agenda Item No. 8.3:  Received report on City Manager approved purchases and  contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and  Purchasing, filed through February 15, 2012  Agenda Item No. 8.4: and Bids  Received report on Requests for Proposals, Qualifications,  Note: Item 8.5 was considered separately from the consent calendar as noted below.  Elk Grove City Council Regular Meeting. February 22, 2012 Page 4of9    AgendalemNe.s.: Agenda Item No. 8.6:  Ordinance-No.3201-0PB-acngEKGve-Muncpa Resolution No. 2012-27 adopted authorizing the Finance  Cede-Chapler23.83comcemingthecHwalonoFmdiical-manwaniSecond-Reading, Director to exercise the sale and disposal of surplus City property in the form of law  enforcement vehicles, law enforcement equipment, and transit buses  Agenda Item No. 8.7: Agenda Item No. 8.8:  Resolution No. 2012-28 adopted accepting the Subdivision Resolution No. 2012-29 adopted accepting the Grant Line  Improvements as complete for Waterman Plaza  Road / State Route 99 interchange and Sheldon Road / State Route 99 interchange Landscaping Projects construction contract as complete and authorizing the City Engineer to prepare, and the City Clerk to file, the Notice of Completion with the  Sacramento County Recorder Agenda Item No. 8.9:  Resolution No. 2012-30 adopted amending the Fiscal Year  2011-12 Budget and Fiscal Year 2011-12 through Fiscal Year 2015-16 Capital Improvement Program (CIP) allocating all available fund balance from the Traffic Congestion Relief fund (Fund 223) to the Annual Pavement Resurfacing Program (CIP Agenda Item No. 8.10: Resolution No. 2012-31, a Resolution of Intention, adopted approving notice for a public hearing to be held March 28, 2012 to consider replacing and/or repealing a new merger ordinance to Elk Grove Municipal Code Title 22, Land Development, Chapter 22.15, Contiguous Land and Merger and Chapter 22.140, Notice Agenda Item No. 8.11: Resolution No. 2012-32 adopted ratifying the Memorandum of Understanding between the City of Elk Grove and the Elk Grove Police Managers' Agenda Item No. 8.12: Resolution No. 2012-33 adopted to tax defer member contributions consistent with section 414(h)(2) of the Internal Revenue Code with the Board of Administration of the California Public Employees' Retirement System Agenda Item No.8.13: Authorized recruitment to fill one vacancy for a voting Note: Item 8.5 was considered separately from the consent calendar as follows:  Project No. PT0035)  of Merger Association  (CalPERS)  member position on the Historic Preservation Committee  Elk Grove City Council Regular Meeting, February: 22,2012 Page 5of9    Agenda Item No. 8.5: Adopt Ordinance No. 3-2012 adding Elk Grove Municipal Code Chapter 23.83 concerning the cultivation of medical marijuana (Second Reading) Motion: M/S Detrick/Cooper to adopt Ordinance No. 3-2012 adding Elk Grove Municipal Code Chapter 23.83 concerning the cultivation of medical marijuana (Second Reading). The motion passed by the following vote: Ayes: 3; Noes: 1 (Scherman);  Absent: 1 (Davis). PUBLIC HEARINGS None.  REGULAR AGENDA ACTION ITEMS /RECOMMENDATIONS nuisance abatement costs and their collection on the tax roll  Agenda Item No. 10.1: Consider resolution approving the report of delinquent public  RECOMMENDATION:  Adopt resolution approving and confirming the report of delinquent public nuisance abatement costs and requesting a new direct levy be submitted to Sacramento County in order to impose special assessments on the delinquent parcels to collect such Shane Diller, Code Enforcement Manager, provided an overview of the staff report and recommendation. Mr. Diller stated the item would allow the City to place outstanding receivables of delinquent fees from years prior and place them on the tax roll for collection. The fees were those assessed after at least two notices were issued, and the amounts did not include fines, only fees to recoup incurred abatement costs. The report could be amended by a listed party upon payment of outstanding debts up until the time  assessments on the Fiscal Year 2011-12 secured tax roll.  actually submitted to the Sacramento County Assessor.  PUBLIÇ COMMENT: None.  Motion: M/S Detrick/Scherman to adopt Resolution No. 2012-34 approving and confirming the report of delinquent public nuisance abatement costs and requesting a new direct levy be submitted to Sacramento County in order to impose special assessments on the delinquent parcels to collect such assessments on the Fiscal Year 2011-12 secured tax roll. The motion passed by the following vote: Ayes: 4; Agenda Item No. 10.2: Review of Zoning Code regulations relating to recreational  Noes: 0; Absent: 1 (Davis).  vehicles  Eik Grove City Council Regular Meeting, February 22,2012 Page 6of9    RECOMMENDATION:  Receive staff presentation concerning sections of Elk Grove Municipal Code Title 23 With the aid of an overhead presentation (filed), Shane Diller, Code Enforcement Manager, provided an overview of the staff report and recommendation. The prior Zoning Code, which had been in effect since 2006, had prohibited recreational vehicle (RV) parking in front and street side yard setbacks, restricted parking to 72 hours on the street, and for RVs parked on side yards and backyards were required to be screened by six foot fencing. In June 2011 amendments to the Zoning Code expanded the specific definition of RV to include traditional motor homes, travel trailers, all-terrain vehicles and watercraft - including boats and jet skis. Prior to 2006, the Sacramento County Zoning Code was in effect, as adopted at incorporation, and had no specific requirements for parking of RVs except it did not permit parking on corner lots due to visibility standards, establishing setback requirements for particular lots as detailed by Mr. Diller. He noted the regulations were enforced reactively based on citizen complaint, staff typically only proactively patrolled for safety hazard violations, and he reviewed the Code Enforcement process to cure and correct a violation. He noted that once a violation regarding a RV required abatement, an option of the City was to tow and store the vehicle in violation. Mr. Diller reviewed a regional survey conducted of  related to recreational vehicles and provide direction.  how other agencies addressed RV parking and storage:  Roseville defined only trailer campers under RV but included aspects requiring the unit be self propelled, posed a size restriction of less than 400 square feet, there were no setback requirements, and vehicles could park on the street for West Sacramento included boats and boat trailers as RVs, regulations allowed parking on a property as long as the vehicle was operable and currently registered, and there was a restriction that RVs could occupy no more than 800 Rocklin had an inclusive definition of RV similar to the City, and allowed parking on setbacks for up to nine days in one month (designed to allow to prepare for a Folsom did not define RV, held no setback regulations, and street parking was Citrus Heights allowed parking in front yards and setbacks in approved driveway areas, and though boats and watercraft were not included in the RV definition, the parking regulation permitted an exception to allow boats to park on the  less than 72 hours, not more than twice in a 14 day period;  square feet of the improved area of the property;  trip, but not long term storage); limited to less than 72 hours;  property as well;  Elk Grove City Council Regular Meeting, February: 22,2012 Page7of9    Rancho Cordova did not include boats in the definition, held a registration requirement, and required parking on an approved parking surface (which allowed for boat parking on a driveway as long as the vehicle was operable); Sacramento County did not include boats in the definition, required operable vehicles, and did not permit parking on corner lots due to visibility standards; The City of Sacramento had an inclusive definition of RV, and did not allow parking in front yard setbacks unless there was 44 feet of driveway from the  location oft the parked vehicle to the street frontage.  Mr. Diller provided a series of photos displaying Code Enforcement cases of RV parking and storage that had resulted in citizen complaints. In regards to addressing policy direction, Mr. Diller noted the code could remain as it existed today, or direction could be provided to amend the code to address alternative definitions or general standards in Inr regards to the code of West Sacramento citing a cutoff date of August 23, 1984, Mr. Diller noted staff was not able to identify specifically the reason for that date, but it appeared to align with the date of an extensive amendment to their code at that time.  regards to parking and storage of RVs.  PUBLIC COMMENT:  Robert Faulkner supported creation of exceptions to allow RV parking for owners who had been in compliance prior to the changes to City codes in 2006, and wanted the ability to park his RV in his driveway. He stated he had resided in his home for over 30 years, and had, in part, purchased the property as it could accommodate RV parking in the driveway. He noted the ordinances had been changed in 2006, and it was not until December 2011 that he had been made aware his property was not in compliance with current codes. He noted that in his neighborhood 15 to 20 residents had RVs or boats parked in their driveways. He recalled that prior to incorporation of the City that discussions had referred to grandfathering certain Sacramento County codes and regulations for the new City. He believed the restrictions and timing of code changes were an infringement on his property rights. He cited an example of his neighbor who had bought a home in 2004, and upon inquiry to the City was notified an RV could be parked in the driveway of the home as long as applicable Covenants, Codes and Restrictions (CCRs) on the home did not hold any such restrictions. The neighbor purchased an RV and stored the RV on their property, but then the code regulations The City Council concurred to look into allowing grandfathering" of prior allowed RV uses, and to determine an appropriate cut-off date either considering the zoning code update of 2006, the date of incorporation of the City, and / or to further evaluate the  changed two years later.  basis for the West Sacramento code cut-off date.  Elk Grove City Council Regular Meeting. February: 22, 2012 Page 8of9    Vice Mayor Hume believed the definition should be based on registration, operability, and a cap on the number of RVs parked at the property. He noted that some camper trailers did not require any form of registration, which would need to be accounted for. He felt the purpose of the code revision should be to maintain the aesthetic aspect of neighborhoods while being permissive to allow parking of well maintained RVs. Mr. Hume offered that consideration be given for some form of setback, such as requiring vehicles to be "half in, half out" of front and side yard areas, reducing situations where RVs occupy a majority of a front yard or abut the public right of way. Council Member Detrick suggested for the definitional terms that any proposed number cap account that an owner could have a variety of RV types at one property.  ADJOURNMENT  Council Member Scherman noted an item she had not reported during Council Reports, and announced her appointment of Iqbal Badwalz to fill a recent vacancy on the With no additional business to conduct, the February 22, 2012 City Council meeting was  Multicultural Committee. adjourned at 7:13 p.m.  ep JASONLINDGREN CITY CLERK  ATTEST  4ln  Elk Grove City Council Regular Meeting, February 22,2012 Page 9of9