CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, September 28, 2011  REGULAR MEETING  Mayor Detrick called the regular City Council meeting of September 28, 2011 to order at  6:13 p.m. Present: Absent:  Mayor Detrick, Vice Mayor Cooper, Council Members Davis, Hume and  Scherman. None.  Jacob Orrock led the Pledge of Allegiance.  Mayor Detrick asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Davis/Cooper to approve the agenda as presented. The motion passed  by the following vote: Ayes: 5; Noes: 0.  CLOSED SESSION None.  PRESENTATIONS/ANNOUNCEMENTS  4.1 Galt Young Marines gave a presentation of the Young Marines Drug Demand Reduction Program, and Council Member Davis presented a proclamation to the Galt Young Marines recognizing October 23 - 31, 2011 as National Red Ribbon Week 4.2 Council Member Hume presented a proclamation to representatives of the League of Women Voters celebrating the 100 Year Anniversary of California Women's 4.3 Council Member Scherman presented certificates of recognition to Anita Turley and Brittany Martin, recipients of the American Red Cross Hometown Heroes Award 4.4 Mary Morris, Finance Director of the San Juan Water District, and local Government Finance Officers Association representative, presented the Certificate of Achievement for Excellence in Financial Reporting to Finance Director Rebecca Carr  supporting a drug-free environment.  Right to Vote.  Program.  and Accounting Manager Shell Mercurio.  Elk Grove City Council Page 1of14  Regular Meeting, September: 28, 2011    PUBLIC COMMENT  Charlene Byrd stated she was in a dispute with a neighbor and the Home Owner's Association (HOA) of the community she resided in, and sought direction for an organization or group she could contact to address the matter. She noted she had contacted the Police Department, and had commenced a civil action and was pursuing a restraining order against the individual neighbor. She noted that the HOA was indirectly involved as the neighbor in question was a former HOA board member and maintained connections to the HOA board. Ms. Byrd stated she had received harassing letters from board members of the HOA, and sought means to address actions of HOA Police Chief Lehner stated staff had been working with Ms. Byrd, and appreciated that she reported on pursuing the matter through civil action, which ultimately was the best opportunity to deal with both the neighbors and the HOA. He noted that should the harassment issues become anything criminal the Police Department would be ready to Interim City Attorney Jonathan Hobbs noted that Pacific McGeorge School of Law offered a community legal services program that could assist with a civil matter at low to Council Member Hume offered contacting representatives from the Sacramento Jeri Retzlaff, representing Elk Grove Food Bank Services, expressed thanks to the City Council and presented certificates of recognition for their support of the organization.  board members.  respond.  no cost.  Regional Human Rights /Fair Housing Commission.  GENERAL ADMINISTRATIONI INFORMATION  City Manager Laura Gill reviewed the September 28, 2011 Administrative Report (filed).  COUNCIL COMMENTS/REPORTS/FUTURE AGENDA ITEMS  Council Member Hume stated the Capital SouthEast Connector Joint Powers Authority Board would not meet until October 14, but that meeting would consider the preferred alignment for the Connector Project. The Sacramento Regional Transit District (RT) Board approved a Mitigated Negative Declaration and addendum to the Mitigation Monitoring and Reporting Plan for the Blue Line to acquire additional property to accommodate requests from Union Pacific Railroad (UP) to provide greater distance separation between the UP heavy rail track and the RT light rail passenger track. He noted receiving a presentation for a Rails-to-Trais" program implemented in El Dorado County for railroads that give up use of a line, reserving that land for the line in a "rail bank" for future uses, but allowing the removal of the rails in the interim for the routes to be used as recreational trails. He suggested such a model could be explored with the Central California Traction Company (CCT) line that runs through Sheldon and down to Herald. The Sacramento Regional County Sanitation Board was exploring pilot programs to explore low cost alternatives to meet National Pollutant Discharge Elimination System (NPDES) permit requirements, but in the process concern was  Elk Grove City Council Page2of14  Regular Meeting, September 28, 2011    raised regarding the oversight provisions held by the Delta Stewardship Council regarding NPDES requirements, in that that agency could comment, impose fees, and / or halt any process related to NPDES requirements. He believed the authority granted to that agency would add additional costs in addressing the NPDES requirements. He reported attending the Audit Committee which was introduced to the accounting firm performing the audits for the City's annual financial report. Mr. Hume requested, and received City Council consensus, for a future agenda item to discuss code enforcement regulations on boats, trailers and recreational vehicles, to consider allowing well Vice Mayor Cooper attended the Sacramento Regional County Sanitation Board meeting as reported by Mr. Hume, attended the League of California Cities Annual Conference where the City's anti-bullying resolution was approved. He noted the Sacramento Regional Human Rights / Fair Housing Commission would meet September 29. Mr. Cooper requested an update on the repair of the bus shelter on Mayor Detrick attended the Elk Grove Chamber of Commerce Political Action Committee Leadership Committee Celebration event at Niello. BMW, attended the Elk Grove Food Bank Services appreciation dinner, attended a meeting with executives from Frontier Communications, and attended the first "2 X 2 X 2" with the City, Cosumnes Community Services District, and the Elk Grove Unified School District. He attended the League of California Cities Annual Conference, participating in 13 seminars and speaking at three meetings to present the City's anti-bullying resolution. Mr. Detrick noted that earlier in the day the City held a ceremony greeting sister city Concepcion de Ataco Mayor Oscar Oliverio Gomez Duarte, and a dinner would be held Council Member Davis attended the Sacramento Area Council of Governments (SACOG) board meeting which discussed the Metropolitan Transportation Plan (MTP). He noted a concern raised that the growth assumptions made under the MTP did not take into account the potential attraction of future projects to Elk Grove that could create significant impacts to the MTP. The SACOG Board moved forward with the MTP, but established an understanding that amendments could be initiated as needed for future projects. Mr. Davis highlighted the City's mobile phone application software program to address code enforcement and non-emergency reporting issues in the community, noting the program would accept photos of site conditions and route requests through Council Member Scherman attended the League of California Cities Annual Conference, taking part in two sessions and ten workshops. She attended the 10th anniversary memorial ceremony of the former President of the Republic of Vietnam Nguyen Van Thieu. She attended the American Red Cross Hometown Heroes Award luncheon, the Elk Grove Food Bank Services appreciation dinner, the leadership luncheon hosted by Frontier Communications, and the Old Town Elk Grove Foundation meeting which discussed the signage cleanup issue and restructuring of how vendors  maintained, operable vehicles to park in a resident's driveway.  westbound Laguna Boulevard near Interstate 5.  in Mayor Duarte's honor on September 29.  proper distribution channels to responding City staff.  were assigned spaces for the First Friday event.  Elk Grove City Council Page 3of14  Regular Meeting, September 28, 2011    In reply to Council Member Scherman, Public Works Director Richard Shepard provided a status update in considering relocation of the bus stop currently in front of Joseph Kerr Middle School, noting initial actions considered included painting the curb red, while options were examined to move the location of the stop to the other side of the entry to Planning Director Taro Echiburu responded to Ms. Scherman's inquiry regarding the status of the Shell Station that burned down at the intersection of Elk Grove Boulevard and Elk Grove-Florin Road, stating a demolition permit had been issued by the Building Department, but the City had not received any further permit applications. Council Member Scherman had received comment that the new Welcome to Elk Grove" monument signs posted at the interchanges on Highway 99 had been installed in incorrect locations. She recollected that Caltrans had dictated where such signs City Manager Laura Gill stated an agenda item would be presented October 12 to discuss the issue of the location of the signs, and Public Works Director Shepard noted that in recent discussion with Caltrans, the agency was open to discussing alternate site Council Member Scherman requested a committee be formed to discuss the Elk Grove Veterans Hall at the future Civic Center site. She believed that as discussions were occurring regarding sports complexes at the site, that creation of a committee for the Veterans Hall would provide a focal point to commence discussion of interested City Manager Gill noted that discussion to date regarding a Veterans Hall had not decided between a separate building dedication, or incorporating such a facility in the community center, and suggested placing discussion of the item on a future agenda for Council Member Davis believed the Veterans Hall would remain a focused topic within the context of the discussing the Civic Center, and felt the Civic Center should be discussed and planned as a whole, not under separate discussions. Mr. Davis felt interested citizens should feel free to meet and discuss proposals for the facility, and suggested Ms. Scherman coordinate such an effort, believing that proposals could then be brought forward at the time the City Council discussed the Civic Center. Mayor Detrick and Vice Mayor Cooper did not support creating separate committees with the purpose of addressing individual program elements of the Civic Center at this Council Member Hume voiced his understanding of Ms. Scherman's proposal, and believed a group should gather to discuss the amenities and needs for a future Veterans Hall, to be presented at the discussion of the overall design for the Civic  the school.  could be erected.  locations for the signs.  community members in planning that facility.  City Council direction.  time.  Center Project.  Elk Grove City Council Page 4of14  Regular Meeting, September 28, 2011    CONSENT CALENDAR ITEMS  in relation to Item 8.5, Council Member Hume noted that mileage only seemed to be the main determinant to surplus a vehicle, and he inquired if consideration was given, based on the actual condition and state of a vehicle, to extend years of service beyond Purchasing Manager Joe Simone stated the initial determination to surplus a vehicle was triggered based on mileage, but then a formula was utilized to evaluate maintenance costs to prolong the service life of the vehicle. He noted the City had extended service for some vehicles beyond normal maintenance, noting previously it was a 3 year term and was now almost at 5 years, and the mileage threshold previously was 80,000 miles, and currently approached 100,000 miles. Mr. Simone noted extending the life of vehicle service did reduce resale value at final disposition, which  the mileage indicator.  was factored into the determination formula.  PUBLIC COMMENT None.  Motion: M/S Cooper/Hume to approve the Consent Calendar as presented. The  motion passed by the following vote: Ayes: 5; Noes: 0.  Agenda Item No. 8.1: Agenda Item No. 8.2: Agenda Item No. 8.3:  Received July 2011 Treasurer's Report  Approved City Council Meeting Minutes: 1)February 23, Received report on City Manager approved purchases and  2011 regular meeting; and 2) March 9, 2011 regular meeting  contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and  Purchasing, filed through September 21, 2011  Agenda Item No. 8.4: and Bids Agenda Item No. 8.5:  Received report on Requests for Proposals, Qualifications, Resolution No. 2011-181 adopted authorizing the Finance  Director to exercise the sale and disposal of surplus City property in the form of 14  Police Vehicles, Law Enforcement Equipment, and four Transit Buses  Agenda Item No. 8.6:  Resolution No. 2011-182 adopted: 1) finding no further  review required for the extension of approvals for the Laguna Creek Courtyard Project under the California Environmental Quality Act; and 2) approving a 12-month extension of the Design Review and Uniform Sign Program approvals for the Laguna Creek  Courtyard Project (EG-11-032) (APN 116-0011-011)  Agenda Item No. 8.7:  Resolution No. 2011-183 adopted accepting the Asphalt  Concrete Overlay and Curb Ramp Improvements 2010 Project as complete and authorizing the City Engineer to prepare, and the City Clerk to file, the Notice of  Completion with the Sacramento County Recorder  Elk Grove City Council Page 5 of14  Regular Meeting, September 28, 2011    Agenda Item No. 8.8:  Resolution No. 2011-184 adopted finding the Elk Grove Old  Town Stub (9070 Elk Grove Blvd) Drainage Improvements Project exempt from environmenta review under the California Environmental Quality Act; authorizing the City Manager to execute a construction contract with Arrow Construction for the Old Town Stub (9070 Elk Grove Blvd) Drainage Improvements Project in the amount of $19,450; authorizing the City Engineer to approve change orders not-to-exceed $3,000; and authorizing the City Manager to execute a construction contract with the second  lowest bidder if Arrow Construction does not meet filing obligations  Agenda Item No. 8.9:  Resolution No. 2011-185 adopted authorizing the City  Manager to execute a three-year Master Services Agreement with the Sacramento Society for the Prevention of Cruelty to Animals (SSPCA) for the provision of animal care services, and ratify expenditures between August 31, 2011 and September 28,  2011, ina a total amount not-to-exceed $1,300,000  PUBLIC HEARINGS Agenda Item No. 9.1:  A public hearing to consider extending the moratorium on  large retail establishments in excess of 50,000 square feet, specifically including  general retail, and groceny/supermarket uses  RECOMMENDATION  Adopt and waive the full reading, by substitution of title only, an Urgency Ordinance extending a moratorium on large retail establishments in excess of 50,000 square feet, Christopher Jordan, Planning Manager, provided an overview of the staff report and recommendation. He noted the current moratorium was set to expire October 25, 2011,  specifically including general retail and grocery/supermarket uses.  and staff suggested the moratorium be extended to June 2012. Mayor Detrick declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Detrick declared the public hearing closed.  Council Member Hume received clarification from staff that the moratorium would be removed on the effective date of the future ordinance that would effectuate the definitional changes for retail establishments under Elk Grove Municipal Code Title 23. Motion: M/S Hume/Davis to adopt and waive the full reading, by substitution of title only, Urgency Ordinance No. 24-2011 extending a moratorium on large retail establishments in excess of 50,000 square feet, specifically including general retail and grocery / supermarket uses. The motion passed by the following vote: Ayes: 5;  Noes: 0.  Elk Grove City Council Page 6of14  Regular Meeting. September 28, 2011    Agenda Item No. 9.2: RECOMMENDATION  A public hearing to consider introduction of an ordinance  amending to Elk Grove Municipal Code Title 23 regarding retail establishments  The Planning Commission recommends that the City Council:  1) Adopt a resolution finding the proposed amendments to Title 23 of the Elk Grove Municipal Code exempt for the California Environmental Quality Act pursuant to section 15061(b)(3) of Division 6 of Chapter 3 of Title 14 of the California Code of 2) Introduce and waive the full reading, by substitution of title only, an Ordinance amending Title 23 of the Elk Grove Municipal Code relative to retail establishments. With the aid of an overhead presentation (filed), Christopher Jordan, Planning Manager, provided an overview of the staff report and recommendation. The Planning Commission had made an alternate recommendation to address retail establishments under the Zoning Code based solely on the total square footage of a store, removing any qualifier for percentage composition of products offered. The issue identified by the City Council in June 2011 was to revisit the grocery store / supermarket definition, and related discount retail store definitions, that were being redefined under Zoning Code amendments approved May 2011. Direction was provided in July for potential changes to the percentage of non-taxable goods and total facility size, and in implementing those changes staff found it affected related definitional categories. The Planning Commission reviewed the revised definitions and articulated concerns that the approach increased complexity of the regulations and created numerous restrictions. The Planning Commission recommended simplifying the regulations by reducing the number of retail type listings to four, defined solely on the total square footage of the store. The size threshold and zoning designation would determine allowed use, and Mr. Jordan highlighted that Conditional Use Permits (CUP) would be required for stores between 75,000 to 149,999 square feet in zoning designations of Limited Commercial, General Commercial, and Shopping Commercial zones, with requirements for special studies for any store over 100,000 square feet. The defined retail jumbo category would allow uses 150,000 square feet and greater with a CUP (and the special studies requirement) in General Commercial and Shopping Commercial zones. These categories were not applicable to those areas that had existing, vested entitlements, specifically the Lent Ranch Special Planning Area. Mr. Jordan noted the 5,000 square foot or less size for convenience stores would be accommodated under the suggested recommendation In reply to Mayor Detrick, Interim City Attorney Hobbs stated that if the proposed changes to the Zoning Code were approved, any non-conforming uses would be automatically invalid. However, the Vineyard at Madeira Project (the proposed Walmart site) had a requirement of a CUP, the project had received approval of a CUP, and under the new code, a CUP would be the requirement. It was the opinion of staff that the project's entitlements would remain in effect, as recently extended, to June 2012. Council Member Davis believed the original intent of the City Council was to primarily address the definition of grocery store, and believed the Planning Commission  Regulations (State CEQA Guidelines); and  through a footnote under the small retail category.  Elk Grove City Councii Page 70f14  Regular Meeting, September 28, 2011    recommendation went too far astray from City policy in an attempt to streamline Interim City Attorney Hobbs noted that if the City Council desired to consider an alternative recommendation for the item, such a proposal would not need to return to the Planning Commission (as the issue had already been considered and a recommendation submitted). An alternative recommendation could be drafted by staff Council Member Scherman believed the current recommendation was divergent from the direction provided by the City Council, and supported the return of an alternative  regulations.  and return for consideration by the City Council at a future meeting.  recommendation based on previous direction. Mayor Detrick declared the public hearing open.  PUBLIC COMMENT:  Peter Gaffney opposed the recommendation, believing an unintended consequence of the proposed land use policy was allowing uses exceeding 150,000 square feet, which previously were not allowed. He believed the restriction of any facility over 150,000 in commercial. zoning remained justified. Mr. Gaffney requested direction be given for staff Kim Whitney, representing the Vineyard at Madeira Shopping Center Project, voiced appreciation for the staff response clarifying the impacts of potential modifications to the  to return with an alternative recommendation.  Zoning Code on the existing approvals of the project site. Mayor Detrick declared the public hearing closed.  Council Member Hume appreciated pursuing business friendly, non-cumbersome policy regulations, but believed the proposed recommendation created more problems than it solved. He felt the existing policies were more favorable for businesses, and a recommendation should be returned to address the specific definitional change for By consensus, the City Council directed staff to return with a recommendation revising the grocery store / supermarket definition (and related retail definitions) with changes to the percentage of non-taxable goods and total facility size, for consideration at the  grocery store.  October 12, 2012 regular meeting.  NOTE: Council Member Davis left at 7:47 p.m.  Agenda Item No. 9.3: RECOMMENDATION and Evaluation Report (CAPER).  A public hearing to consider approval of the Fiscal Year  2010-11 Consolidated Annual Performance and Evaluation Report (CAPER)  Adopt resolution to approve the Fiscal Year 2010-11 Consolidated Annual Performance  Elk Grove City Council Page8of14  Regular Meeting. September 28.2 2011    Sarah Bontrager, Housing Program Manager, provided an overview of the staff report  and recommendation.  Mayor Detrick declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Detrick declared the public hearing closed.  Motion: M/S Cooper/Scherman to adopt Resolution No. 2011-186 approving the Fiscal Year 2010-11 Consolidated Annual Performance and Evaluation Report (CAPER). The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1  (Davis). Agenda Item No. 9.4: Impact Fees RECOMMENDATION Adopt two resolutions:  A public hearing to update the Swainson's Hawk Mitigation  1) Certifying an Environmental Impact Report for the Swainson's Hawk fee update; and 2) Adopting and levying revised Swainson's Hawk mitigation impact fees. Taro Echiburu, Planning Director, provided an overview of the staff report and recommendation. He highlighted that the proposed update would reduce the mitigation  fee from $18,325 per acre to $9,646 per acre, almost a 50% decrease.  Mayor Detrick declared the public hearing open. NOTE: Council Member Davis returned at 7:50 p.m.  PUBLIC COMMENT:  Lynn Wheat attended meetings for the South Sacramento Habitat Conservation Plan, noting this fee program would be associated with that planning document. She questioned the necessity in conducting the fee study now to reduce the fees, as the incentive to attract development would continue towards more housing projects, and not business investors. She questioned the value of the City's expenditures to date relating to Swainson's hawk mitigation, both in studies and mitigation bank property investments. Ms. Wheat believed the creation of these mitigation fees were a compromise with development interests from the start, and did not originate from a plan Planning Director Echiburu stated the driving force in modifying the fee was the change in the economy and the resulting drop in cost of conservation easement land value. The proposed fee established a mechanism to react to the market, setting a baseline for current market value, and initiating annual adjustments on a three year average index set by the California Department of Conservation on the value of agricultural land.  to secure and protect environmental habitat as an asset for the City.  Elk Grove City Council Page 9 of14  Regular Meeting, September 28,2011    In reply to Council Member Hume, Assistant City Manager Rebecca Craig stated that the Laguna Ridge Park Fee would remain the same as recently adopted, as land that had already been acquired was included in the nexus study at the prior Swainson's hawk fee rate that developers had already paid. Going forward, the land estimation was calculated with the assumption the fee reduction presented tonight would be adopted.  Mayor Detrick declared the public hearing closed.  Council Member Hume noted that when the Swainson's hawk fee program was initially created he had always opposed the inclusion of the City establishing the value of an acre of land. He believed City had paid in excess in the past, both in time addressing the fee program, and investment in the purchase of mitigation bank land, but the Motion #1: M/S Davis/Cooper to adopt Resolution No. 2011-187 certifying an Environmental Impact Report for the Swainson's Hawk fee update. The motion passed Motion #2: M/S Davis/Scherman to adopt Resolution No. 2011-188 adopting and levying revised Swainson's Hawk mitigation impact fees. The motion passed by the  reduced fee presented tonight moved the program in the right direction.  by the following vote: Ayes: 5; Noes: 0.  following vote: Ayes: 5; Noes: 0.  REGULAR AGENDA ACTION TEMSRECOMMENDATONS  Agenda Item No. 10.1: Consider resolution authorizing the City Manager to execute an Economic Incentive Agreement with Lasher Auto Group d.b.a. Elk Grove Subaru for an  expansion of the existing Subaru Dealership in the amount of $150,000  RECOMMENDATION:  Adopt resolution authorizing the City Manager to execute an Economic Incentive Agreement with Lasher Auto Group d.b.a. Elk Grove Subaruin the amount of $150,000. Heather Ross, Economic Development Coordinator, provided an overview of the staff report and recommendation. In November 2010, Elk Grove Subaru opened on property collocated with several other dealerships owned by the Lasher Auto Group, as at the time no other property was for sale within the Auto Mall. The Lasher Auto Group planned expansion through additional property offsite to be used for inventory storage and additional employee parking. The estimated cost of the expansion was $1.5 million, and given award amounts previously awarded, and the balance of the Economic Development Fund, staff recommended an incentive award of $150,000. Inr reply to Mayor Detrick, Ms. Ross confirmed there would be no structures built at the expansion site, the site wouid provide additional nearby storage to increase timely  availability ofi inventory at the dealership site.  PUBLIC COMMENT:  Mark Lasher, applicant, responded to Mayor Detrick that the dealership was targeting sales of $20 million for the full year, and believed $30 million in sales could be achieved  Elk Grove City Council Page 10of14  Regular Meeting, September 28, 2011    with the planned expansion. He noted the funds would not affect the 21 other dealers at the current campus. He stated the Subaru store was originally intended to be located at an individual site, but acquiring property had been problematic, and had a property been secured at that time, he had anticipated applying for an economic incentive agreement. The dealership was opened at the current site with the plan that eventually additional property would be acquired. Mr. Lasher believed sales performance would improve with the additional, easily accessible inventory, and extra parking space would alleviate Inr reply to City Council inquiries, Ms. Ross confirmed that the Economic Development Fund had been established and approved during annual budget review for the past two years. Past economic incentive agreements had primarily used revenues generated over one calendar year as an estimation basis, though up to a three year projection had been approved, and agreements had been approved to assist both start-up businesses, In reply to Council Member Hume, City Manager Laura Gill noted the return on investment of economic incentive agreements could be tracked through the sales tax generated by the participating merchants, but such reports would be in the aggregate of those participating in the program, as individual store information provided to the City Motion: M/S Hume/Scherman to adopt Resolution No. 2011-189 authorizing the City Manager to execute an Economic Incentive Agreement with Lasher Auto Group d.b.a. Elk Grove Subaru in the amount of $150,000. The motion passed by the following Agenda Item No. 10.2: Receive informational report for consideration of medical  impacted parking conditions at the current site.  as well as expansions of current operations.  was proprietary.  vote: Ayes: 5; Noes: 0.  marijuana cultivation regulation ordinance and provide direction to staff  RECOMMENDATION: direction to staff.  Staff recommends that the City Council of the City of Elk Grove consider available options for the regulation of medical marijuana cultivation within the City and provide With the aid of an overhead presentation (filed), Bryan Noblett, Police Captain, provided an overview of the staff report and recommendation. Captain Noblett noted nonmedical use of marijuana remained illegal under state and federal law, but that the State of California had authorized cities to adopt and enforce local laws consistent with the Compassionate Use Act, which permitted cities to regulate marijuana cultivation by individuals for personal medical use. Many cities regulated medical marijuana cultivation to address and mitigate public nuisance and associated crime issues coming from such cultivation. He provided examples of regulation in other jurisdictions including the cities of Rancho Cordova, Chico, Rocklin, Fort Bragg, and Corning, and a proposed  ordinance of Sacramento County, highlighting the following elements:  Overall, regulations varied on combinations either allowing or prohibiting locations of cultivation in various areas of private residence properties:  Elk Grove City Council Page 11of14  Regular Meeting, September 28, 2011    outdoors in rear yards, indoors of a residential structure, or indoors in secured Regulations permitting outdoor cultivation had area size restrictions of 25-50 square feet or less (often based per parcel, not number of qualifying individuals per household), and setback requirements 5-10 feet from property lines. Additional outdoor cultivation regulations included secured and / or screened fencing, ensuring the site was not accessible by minors, removing visual, exterior evidence of the cultivation from the public right-of-way, and crop height Regulations permitting cultivation indoors of residential structures had zoning restrictions (examples primarily only allowed in residential zoned properties, and one proposed regulation considered allowance of indoor residential cultivation for agricultural zones), area size restrictions of 25-50 square feet or less, and lighting restrictions that grow lamps could not exceed 1,200 watts. Additional indoor restrictions included that a grow area could not be carpeted, no cultivation could occur in kitchen, bathroom, or primary bedroom areas of a residence, cultivation permits could be required, and indoor growing at multi- family unit facilities would require additional on-site inspections; Regulations permitting cultivation indoors of detached structures required such structures be located in rear yards, held setback requirements, and had requirements to be fully enclosed and secured. Additional detached structure requirements included requirements for security plans, construction specifications of structure, ventilation systems, restrictions on such structures Requirements often stipulated that a qualified grower must maintain primary residence where marijuana was cultivated, and in some instances required written permission from the property owner to cultivate marijuana; Many jurisdictions declared marijuana cultivation a public nuisance, and prohibited certain locations outright (various combinations of no outdoor or indoor use, with the most restrictive example from the City of Corning which only allowed cultivation in external, enclosed, non-residential structures).  detached structures;  restrictions;  within 1,000 feet of schools, and additional inspections;  Captain Noblett outlined four options in consideration of a policy: 1)opt to have no local regulation, in which the City would continue to respond to complaints as handled to date, 2) permit cultivation outdoors and indoors in residential zones with restrictions as delineated from other examples, 3) prohibit cultivation outdoors completely, and only allowed inside residential units, or 4) restrict cultivation to only allow in fully secured, ventilated outbuildings. He noted that additional examples were available, citing county ordinances that implemented scalable approaches differentiating between smaller, urban lot areas and larger, rural lots, with additional considerations given to areas  outside of the general population of service areas.  PUBLIC COMMENT:  Kathy Kokkos believed regulations should be implemented utilizing the recommended examples to ensure the safety of the community. She attested to the nuisance created by the cultivation of marijuana, both in odor and potential attraction of crime, and appreciated the response of the Police and Code Enforcement Departments to date in  Elk Grove City Council Page 12of14  Regular Meeting, September 28, 2011    addressing conditions at an existing marijuana cultivation operation in her Robert Faulkner believed the legalization of medical marijuana had blurred the lines between medical treatment and recreational use. He addressed growing operations in backyards, citing that growers also often smoke marijuana as well, and the odor of both the plants in ground, and resulting smoke, were a nuisance to neighbors. He stated he had affixed a fan in his backyard, directed to the neighbor's backyard growing operation, and stated he and his family could not enjoy the use of their property due to the use of property and actions of their neighbor regarding marijuana. Mr. Faulkner voiced agreement with policy options three and four, and believed regulations should be Council Member Scherman opposed any use of marijuana, and voiced she would Council Member Davis appreciated an anti-drug policy position, but noted that by not adopting any regulation, the City would be limited in the ability to mitigate the effects of Police Chief Robert Lehner noted that jurisdictions were successful in implementing additional regulations in recognizing that marijuana cultivation operations create effects that were noxious and a public nuisance to others. A proposed policy of the City would recognize rights under the California Compassionate Use Act to grow and use medical marijuana, but regulate the manner in which marijuana was grown and used to diminish Vice Mayor Cooper stated he was not in favor of allowing cultivation inside residential units due to increased fire hazards, and supported the example of the City of Corning allowing grow operations in a controlled environment. He agreed with statements of Council Member Hume of the attractive crime nuisance of marijuana growing operations, which often led to damaged property and risks to personal safety in the Council Member Hume voiced support for an allowance in a residence aligned with regulations suggested from the presented examples, with the intent that any allowed operation would not adversely affect, nor be detectable by, a neighbor. Mr. Hume requested consideration be given that any mplementation of a new regulation contain a Police Chief Lehner summarized City Council direction to draft an initial policy aligned with the model of the City of Corning, primarily focused on fully enclosed outbuildings, with no open, outdoor growing of marijuana (in terms of not being able to control odors and security outdoor). Any grow operation authorized would be indoors, inspected, (both environmental and physical safety / security issues), require an initial permit, require the location be card carrier occupied, and require written permission from the  neighborhood.  included to restrict smoking marijuana outdoors. oppose any proposal to permit cultivation of marijuana.  marijuana cultivation operations currently permitted under state law.  affects on neighbors.  vicinity of such operations.  transitional compliance period to any proposed, new standard.  owner of a property if applied for by a tenant.  Elk Grove City Council Page 13of14  Regular Meeting, September 28, 2011    ADJOURNMENT  With no additional business to conduct, the September 28, 2011 regular City Council  meeting was adjourned at 8:50 p.m.  ELe JASONLINDGRENT CITY CLERK  ATTEST:  W W.  Nh  STEVEN M. DETRICK, MAYOR  Elk Grove City Council Page 14of14  Regular Meeting, September 28,2011