CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, January 25, 2012  REGULAR MEETING  CALL TO ORDER R/ROLL CALL  Mayor Cooper called the regular City Council meeting of January 25, 2012 to order at  6:03 p.m. Present: Absent:  Mayor Cooper, Vice Mayor Hume, and Council Member Detrick.  Council Members Davis and Scherman.  Vice Mayor Hume led the Pledge of Allegiance.  Mayor Cooper asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Hume/Detrick to approve the agenda as presented. The motion passed by the following vote: Ayes: 3; Noes: 0; Absent: 2 (Davis, Scherman).  CLOSED SESSION None.  PRESENTATIONS/ANNOUNCEMENTS  4.1 Mayor Cooper presented a plaque to Council Member Steven M. Detrick in recognition of his service as Mayor during the period of December 8, 2010  through December 14, 2011.  4.2 Building Official Richard Renfro presented an Appreciation of Voluntary Service and Contributions award to Terry Kirkham for his efforts toward the Old Town  Occupancy Compliance Project.  4.3 Mayor Cooper presented the Best in Business Awards for Exceptional Enterprise to Frontier Communications and Neighborhood Pioneer to Kittel Family  Veterinary Practice.  4.4 Sarah Johnson, Chair of the Historic Preservation Committee, gave a presentation and annual update on activities of the Historic Preservation  Committee (HPC).  Ms. Johnson noted the City had attained status as a Certified Local Government through the State of California Office of Historic Preservation, allowing the HPC to apply for a grant to create a historic context statement. The grant was received, and  Elk Grove City Council Regular Meeting, January 25, 2012 Page 1of9    subsequently a consultant was hired to assist in the process. Outreach had commenced and volunteers had signed up to assist. Ms. Johnson noted that a historic context statement would assist the City in organizing a framework to evaluate items and areas of the community for consideration as historic resources, which would aid in keeping track of those resources in an accurate way in conformance with state and  federal requirements. PUBLIC COMMENT  Lynn Wheat expressed her displeasure with the lack of notice and updates by the Sacramento Local Agency Formation Commission (LAFCo) regarding the Elk Grove Sphere of Influence (SOI) application. Ms. Wheat believed LAFCO should implement changes to improve their practices to increase agency transparency, and requested the Mayor Cooper received confirmation from City staff that LAFCO meetings regarding the Elk Grove Sphere of Influence (SOI) application were posted on the City website as Tom Waltman requested the City and the Elk Grove Economic Development Corporation take proactive steps to fill the commercial site vacancy created by the closure of the Bel Air Market at 8787 Elk Grove Boulevard. He believed the market served as a vital resource to the surrounding community, and that the closure would be Vice Mayor Hume noted staff had initiated discussion with the property owner to locate ar new business at the site. He recollected that in the approvals for the Bel Air store located in close vicinity at Waterman Road there was a condition for the owners not to close the 8787 Elk Grove Boulevard location within 5 years, that condition had since  City follow up to request LAFCO to improve agency practices.  well.  ah hardship to individuals in the neighborhood.  been met.  GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the January 25, 2012 Administrative Report (filed).  COUNCIL COMENTB/REGAISINIUFE AGENDA ITEMS  Council Member Detrick noted his absence from the January 11, 2012 regular meeting as he was supporting his son's participation in the 3td World University Water Ski Championships in Santiago, Chile, where the United States Team won gold. Mr. Detrick thanked the community for its support of the clothes and toy drives for sister city Concepciôn de Ataco, noting the 4,000 pounds of clothes donations had arrived and Vice Mayor Hume did not attend the recent Capital SouthEast Connector Joint Powers Authority Board meeting, but noted the Authority was waiting to recertify the draft Environmental Impact Report. The Sacramento Regional Transit District (RT) Board discussed artwork to be implemented in the South Line Phase 2 light rail project, and received an update on the transit renewal process, which reviewed enhancing high  the toy drive had raised $3,300.  Elk Grove City Council Regular Meeting, January 25. 2012 Page 2of9    frequency routes and removing lesser producing lines. The effects to Elk Grove resulted in removal of the bus route from Bruceville Road to Sheldon Road back up Center Parkway, but the transit hub at Cosumnes River College would be utilized more. The Sacramento Regional County Sanitation Board of Directors received an update on rate and fee study, and Mr. Hume highlighted that in regards to the sewer fee credit program concerns were raised that with projected increased rates the program could raise legal issues and subsequently be discontinued, which was unfortunate as the City had only utilized 28% of its banked credits. Mr. Hume received a status update on the South Sacramento Habitat Conservation Plan (SSHCP), noting previous local impediments with the Department of Fish and Game had been resolved, that the SSHCP was moving forward to review by national agencies, and that additional focus on impacts and effects to the area of Elk Grove was taking priority in review of the plan.  Mayor Cooper noted his reports were covered by Vice Mayor Hume.  CONSENT CALENDARI ITEMS PUBLIC COMMENT None.  Motion: M/S Detrick/Hume to approve the Consent Calendar as presented. The motion passed by the following vote: Ayes: 3; Noes: 0; Absent: 2 (Davis,  Scherman). Agenda Item No. 8.1: Minutes Agenda Item No. 8.2:  Approved June 8, 2011 City Council Regular Meeting Received report on City Manager approved purchases and  contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and  Purchasing, filed through January 18, 2012  Agenda Item No. 8.3: and Bids Agenda Item No. 8.4: aF Public Safety Forum Agenda Item No. 8.5:  Received report on Requests for Proposals, Qualifications, Confirmed scheduling a Special City Council meeting on  March 8, 2012 at 7:00 p.m. in the Council Chamber at 8401 Laguna Palms Way to hold  Resolution No. 2012-7 adopted accepting the Teen Center  Window Replacement Project as complete and authorizing the Facilities and Fleet Manager to prepare, and the City Clerk to file, the Notice with the Sacramento County  Recorder  Agenda Item No. 8.6: Agenda Item No. 8.7:  Resolution No. 2012-8 adopted establishing a records Resolution No. 2012-9 adopted declaring intention to  retention policy for the Building Department  reimburse certain expenses that may be incurred relating to the construction of  community-wide improvements at Laguna Springs Corporate Center  Elk Grove City Council Regular Meeting, January 25,2012 Page3of9    PUBLIC HEARINGS None.  REGULAR AGENDA ACTION TEMS/RECOMMENDATONS  Agenda Item No. 10.1: Adopt resolution approving the use of two units on Emerald  Park Drive for affordable rental housing  RECOMMENDATION: rental housing.  Adopt resolution approving the use of two units on Emerald Park Drive for affordable Sarah Bontrager, Housing Program Manager, provided an overview of the staff report and recommendation. She noted that the property title would go to the controlling non- profit agency Sacramento Self Help Housing, and that the City role would continue in the capacity of ensuring the goals of the Neighborhood Stabilization Program were  being met. PUBLIC COMMENT: None.  Motion: M/S Hume/Detrick to adopt Resolution No. 2012-10 approving the use of two units on Emerald Park Drive for affordable rental housing. The motion passed by Agenda Item No. 10.2: Consider 1) approving a proposal by MV Transportation, Inc. for a new reverse commute service rate of $25/ /hour; and 2) authorizing staff to notice  the following vote: Ayes: 3; Noes: 0; Absent: 2 (Davis, Scherman).  new fare rates and services for reverse commuting Staff recommends the City Council consider:  RECOMMENDATION: rate of $25/hour; and  1) Approving a proposal by MV Transportation, Inc. for a new reverse commute service 2) Authorizing staff to notice new fare rates and services for reverse commuting. With the aid of an overhead presentation (filed), Richard Shepard, Public Works Director / City Engineer, provided an overview of the staff report and recommendation. The item was the continuation of discussion from December 14, 2011 for consideration of providing reverse commute transit service incentives for California Department of Correctional Health Care Services (CCHCS) employees. MV Transportation, Inc. (MV) had offered a $25 / hour reduced rate, half the current rate, but requested conditions to implement such a rate as follows: 1) the rate was limited to three trips in the morning and three trips in the evening (approximately the same amount of service staff thought would need to be provided), and any trips added be done under further negotiations, 2) the reverse commute trips would be exempt from assessments, 3) MV would be allowed to use standard lease tires instead of the contract required Original Equipment Manufacturer (OEM) tires, currently restrictive to Michelin XRV tires, and 4) MV requested clarity on defining capital repair for parts, repair, and maintenance, and  Elk Grove City Council Regular Meeting. January 25, 2012 Page 4of9    delineating responsibilities for payment of capital repairs between the City and MV. Mr. Shepard noted in regards to limiting to three trips each way, that the current buses held under 60 passengers. He stated staff would continue to evaluate ridership data, but at this time the results from the first survey were not substantive enough to determine route alignments, and a refined survey, along with actual use of the proposed service, would provide the means to evaluate and route services accordingly. Mayor Cooper observed that previously the City had paid for the cost of the OEM tires, but now that the contract stipulated MV would incur such cost, that the request to remove such a requirement was submitted. He inquired if the alternate tires would provide for the safety of passengers and operators of the buses, noting cure notices had Mr. Shepard noted cure notices were sent regarding tires being utilized that were rated less than 65 mph running on the freeway. The OEM recommendation allowed operation of buses at a speed rating of 75 mph, MV posed that since local freeways limit travel to 65 mph, the 75 mph rating was in excess of route conditions, and a 65 mph Jay Jeter, regional Vice President of MV, noted the currently required OEM tires were more expensive as they were rare, with 65 mph rated tires being much more prevalent in the market. He noted the buses were governed at the speed limit and would never Mayor Cooper noted his support of MV, but raised concern over management personnel turnover and changes in the past few years. He believed the contract was clear regarding equipment standards, invoicing for repairs and part replacements, and arbitration assessments. He questioned why these matters, the City Manager level of review prior to entering into an arbitration assessment, and requests to reduce prior Mr. Shepard stated MV had raised issues on some repair invoices concerning items put out to bid, in that they had an understanding the City had agreed to pay for an item, but when the item came in under the expected bid amount, the City later invoiced MV for the item. The implementation of the City Manager level of review created an avenue to improve communication to review invoices of liquidated damages prior to arbitration, and for MV to have an opportunity to provide feedback and cure and correct issues in a Mr. Jeter noted that timely reporting of penalties was needed to validate the assessment, and to then respond to remedy a given situation. Delayed awareness of penalties made it difficult to validate and correct, and the request primarily was focused to improve communications between the City and MV. The ability to utilize the assessment process by the City would not be altered, the request was to commit to improving the communication process to facilitate the timely exchange of information to improve services. Mr. Jeter noted, in relation to requests for a reduction of prior assessments, that because MV had not had the opportunity to review prior assessments going back eight months, that a reduction was requested to resolve the  been previously issued regarding use of inadequate tires.  rating would meet needs at a more efficient cost.  need to exceed speeds in excess of 65 mph.  assessments, were being requested for clarification or alteration.  timely manner.  Elk Grove City Council Regular Meeting, January: 25,2012 Page5of9    past assessments, and for both parties to then focus resources on the process of more open and timely communication to cure and correct service issues going forward. Vice Mayor Hume believed an improved atmosphere of responsiveness had been fostered between the City and MV to correct prior reporting problems and management controls. He commended coming to terms to offer a reduced rate for the reverse commute service, and voiced support of the request to go to the 65 mph rated tires. Mr. Shepard noted the request by MV was not to remove any element of arbitration, and the arbitration clause in the contract would remain. The issue on assessments was a process change for timely communication of issues, to provide a chance for such issues to be disputed, and if issues could not be mediated then there was an opportunity for another level of review through the City. The City would maintain the authority to level Assistant City Manager Rebecca Craig noted the continued negotiations had proceeded from requests to waive some liquidated damages to the recommendation put forward in the staff report, which staff supported as it maintained protections of the City's interests and funds. The City Manager level of review would formalize having a layer of City management discussion above the department level, as opposed to going directly into Michelle Smira, consultant with MV, noted MV was not in agreement over the turnover number of over 30 employees serving Elk Grove, noting numerous individuals remained ine employment but held various positions, were promoted within the organization, or were temporarily vacant, such as an instance of staff on maternity leave. She noted two managers had been asked to be removed from Elk Grove and that request was complied with. She believed increased communication would be beneficial, and a timely assessment record would provide the means to correct service issues. Ms. Smira noted the $25 rate came at a cost borne by MV with additional liability coverage, Vice Mayor Hume recognized that turnover of employees had occurred both with MV and the City and led to communication problems. He suggested leaving the arbitration clauses as-is in the contract, with no need to codify a City Manager level of review in the contract, but to use the existing chain of command within the City to accommodate such  assessments at any point in the process.  arbitration, and arbitration remained an option at any point of review.  increased dispatch services, and other associated costs.  review by the City Manger as needed.  PUBLIC COMMENT: None.  Mayor Cooper believed prompt communication of issues needed to occur, and had not been done in the past. He requested that he and the full City Council receive notice of By consensus the City Council directed staff to: 1) implement noticing for new services and rates relating to the new reverse commute trips at the proposed $25 / hour rate, 2) provide for the chain of command of City staff to review and discuss current proposed liquidated damages and future liquidated damages, and seek process improvements for  issues as they arose.  Elk Grove City Council Regular Meeting. January 25. 2012 Page 6of9    the methodology of making liquidated damage assessments in a timely manner, 3) permit use of standard lease tires for the operation of vehicles at safe speeds, and 4) clarify the area of responsibility for parts and repairs in excess of $2,500 by defining a Agenda Item No. 10.3: Consider introduction of an ordinance adding Elk Grove Municipal Code Section 12.01.085 and amending Chapter 12.03 to Title 12 defining development projects that are subject to street improvement requirements  list of pre-agreed services that would be considered capital repairs.  RECOMMENDATION:  Introduce and waive the full reading, by substitution of title only, an Ordinance adding Elk Grove Municipal Code Section 12.01.085 and amending Chapter 12.03 to Title 12 defining development projects that are subject to street improvement requirements. Darren Wilson, Engineering Services Manager, provided an overview of the staff report  and recommendation. PUBLIC COMMENT:  Dennis Barksdale spoke in support of the staff recommendation.  Motion: M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 1-2012 adding Elk Grove Municipal Code Section 12.01.085 and amending Chapter 12.03 to Title 12 defining development projects that are subject to street improvement requirements. The motion passed by the following vote: Agenda Item No. 10.4: Consider introduction of an Ordinance amending Elk Grove Municipal Code Chapter 1.18 relating to Development Services Flat Fee Appeals to add an appeals process for all Building, Planning and Public Works Services flat fees  Ayes: 3; Noes: 0; Absent: 2 (Davis, Scherman).  RECOMMENDATION:  Introduce and waive, by substitution of title only, an Ordinance amending Elk Grove Municipal Code Chapter 1.18 relating to development services flat fees appeals. Marsha Ley, Finance Analyst, provided an overview of the staff report and recommendation. The proposed ordinance would provide an appeals process to the flat fees for development services flat fees in the Building, Planning, and Public Works departments. The fees were implemented August 2011, and since that time staff determined an appeals process was needed for applicants to challenge assessed fees. The proposed appeals process would first see the appeal heard by the department head, and after a decision was made, if the customer was not satisfied with that the  outcome, they could appeal to the City Manager.  PUBLIC COMMENT: None.  Motion: M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 2-2012 amending Elk Grove Municipal Code Chapter 1.18  Elk Grove City Council Regular Meeting, January 25, 2012 Page 7of9    relating to development services flat fees appeals. The motion passed by the  following vote: Ayes: 3; Noes: 0; Absent: 2 (Davis, Scherman). Agenda Item No. 10.5: Consider appointments to City Committees  RECOMMENDATION:  Receive update on committee appointments, and receive direction from the City Council regarding appointments to City Committees with term expirations occurring in 2012. Jason Lindgren, City Clerk, provided an overview of the staff report and recommendation. Mr. Lindgren noted City committees were recently reviewed December 2011, the item tonight presented the opportunity to evaluate six appointment positions that had terms expiring at staggered times throughout 2012, and to entertain taking action now to renew those appointments. All current serving members had responded in the affirmative that they would like to continue to serve in their appointed positions. The option was provided to review these appointment now, alternatively each individual appointment could be returned for City Council consideration as each appointment expiration date approached. Action this evening included the opportunity for Council Member Detrick to make an appointment for a vacancy on the Multicultural  Committee. PUBLIC COMMENT: None.  Council Member Detrick confirmed appointment of Leslie Birchell to the Disability Vice Mayor Hume noted Jimmie Johnson, appointee to Sustainability Element and Climate Action Plan (SECAP) Advisory Committee, was no longer residing in Elk Grove. Council Member Detrick appointed Mohinder Singh to the Multicultural Committee Motion #1: M/S Detrick/Hume to adopt Resolution No. 2012-11 confirming appointment of Roderick Brewer and Davies Ononiwu to the Sacramento Human Rights /Fair Housing Commission Advisory Board. The motion passed by the following Motion #2: M/S Detrick/Hume to adopt Resolution No. 2012-12 confirming appointment of Jerry Cummings to the Solid Waste Advisory Committee /AB 939 Local Task Force. The motion passed by the following vote: Ayes: 3; Noes: 0; Absent: 2 Motion #3: M/S Detrick/Hume to adopt Resolution No. 2012-13 confirming appointment of John Costa to the Affordable Housing Loan Committee. The motion passed by the following vote: Ayes: 3; Noes: 0; Absent: 2 (Davis, Scherman).  Advisory Committee.  vote: Ayes: 3; Noes: 0; Absent: 2 (Davis, Scherman).  (Davis, Scherman).  ADJOURNMENT  Elk Grove City Council Regular Meeting. January 25, 2012 Page 8of9    With no additional business to conduct, the January 25, 2012 regular City Council meeting was adjourned in memory of the grandfather of Council Member Davis' wife at  7:28 p.m.  EDRI JASONL LINDGRENJGITY CLERK  ATTEST:  4sug mr  Elk Grove City Council Regular Meeting. January 25,2012 Page 9of9