CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, April 27, 2011  CALL1 TO ORDER/ROLL CALL  Mayor Detrick called the regular City Council meeting of April 27, 2011 to order at  6:34p.m. Present: Absent:  Mayor Detrick, Vice Mayor Cooper, Council Members Davis, Hume and  Scherman. None.  Council Member Scherman led the Pledge of Allegiance. Mayor Detrick asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Hume/Scherman to approve the agenda as presented. The motion  passed by the following vote: Ayes: 5; Noes: 0.  CLOSED SESSION None.  PRESENTATIONSIANNOUNCEMENTS  4.1 Public Information Officer Chris Trim announced the winners of the Traffic Safety Poster Contest: Mai Thao - First Place, Sarah Williams = Second Place, and Amanda McKenna = Third Place. All contestants were from Sheldon High  School.  4.2 Council Member Gary Davis presented a certificate of recognition to Elk Grove Note: Items 4.3 and 4.4 were not heard as recipient representatives were not in 43--Present-prosamaton,-recgnamg-Apm2410-30-30,20#-85-MosesgWHe-amd-Wes:  Economic Development Corporation Board Chair Tim Moran.  attendance due to scheduling conflicts.  AMe-VFHS-Awareness-Week  4.4 Presentprociamaton-ecgmang.w1,20#38-Gk9Ba-LOVB-DaY  Elk Grove City Council Regular Meeting, April 27,2011 Page 1of17    4.5 Youth Commission Chair Salvador Rosas presented an update on the Youth  Commission. PUBLIC COMMENT  William Epper addressed the current high rate of unemployment, and offered his assistance and resources for a program to offer network marketing of industries to link Charles Ferrera expressed his frustration at receiving a letter from the City stating that he had not paid his property taxes. Mr. Ferrera displayed his receipts that he had paid  the unemployed with job opportunities.  and requested the issue be rectified. GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the April 27, 2011 Administrative Report (filed). COUNCIL COMMENTS/REPOREPORTS/FUTURE AGENDAITEMS  Vice Mayor Cooper met with Sacramento Local Agency Formation Commission (LAFCo) Member Steve Cohn, and attended the Sacramento Regional Human Rights / Fair Housing Commission meeting which presented local awards. He attended the Sacramento Regional County Sanitation Board of Directors meeting which discussed the National Pollutant Discharge Elimination System (NPDES) permit process and the Council Member Hume attended the Sacramento Transportation Authority (STA) Board meeting which discussed that Measure A projections showed a slight increase, equating to additional funds for projects under Measure A. He noted the Sacramento Regional Transit District (RT) had planned budget hearings May 27 and June 13, noting the RT budget faced challenges, and that RT was seeking reprieve from the Federal Transit Administration on requirements set on reserve balances. Mr. Hume stated, in relation to the weighted voting system utilized by RT, that Elk Grove would be losing one vote due tot the City's contract reduction payment to RT, though he believed the savings gained through the reduced payment outweighed the value of one vote on the board in a hundred vote system. Regarding the Capital SouthEast Connector Joint Powers Authority Board the budget was reviewed, and the Programmatic Environmental Impact Report (PEIR) was made available for public comment. He reported traveling to San Diego to see the facilities, and meet with the operator, of a sports complex. He requested that in relation to the Laguna Ridge Specific Plan (LRSP) Park Fee discussions that all stakeholders involved in the LRSP area be invited into the discussion in an attempt to re-engage participants that may have bowed out over the course of discussion that has continued over a multi-year process. Mr. Hume requested staff look into a citizen request to address concerns of a continuing issue with a Council Member Scherman reported she had no meetings since her last report, and that the Sacramento Metropolitan Air Quality Management District Board meeting had been canceled. Ms. Scherman attended the Chamber of Commerce mixer, reported traveling  budget workshop.  business operator leaving construction waste on Mackey Road.  Elk Grove City Council Regular Meeting, April 27,2011 Page 2of17    to San Diego to tour a sports complex, and noted she would be traveling to Manteca to Council Member Davis attended the Sacramento Area Council of Governments (SACOG), and noted that in meeting with LAFCO Commission Member Cohn a suggestion was made that the City look at legislation to give Elk Grove a permanent seat on the LAFCo Board. Mr. Davis received support of the Council to invite a speaker for a future presentation addressing the Healthy Eating Active Living Cities Campaign, which would ask the Council to consider adopting policies to promote healthier lifestyles Mayor Detrick noted speaking with representatives of Big League Dreams, and traveling to tour the sports complex in San Diego. He noted the Mayor's Fittest Competition held its first qualifier event on April 16, and the next qualifier would be held May 7 at the California Family Fitness center on Bond Road. Mayor Detrick noted Council Member Scherman was the Grand Marshall of the Western Festival parade, and that he would be accompanying her in the parade, "riding shotgun" on the Well's Fargo stage coach.  tour a sports complex facility.  throughout the community.  CONSENT CALENDARI ITEMS  Council Member Hume commented, in relation to Item 8.10, that the City's continued investment of Swainson's hawk fund fee money into the Vineyard Property seemed excessive, as to date the City had not only purchased and restored the property as habitat, but was now paying for man-made agricultural improvements, providing for a third party lease that would yield a minimal return on investment. He believed City investment in such capital improvements on behalf of the Swainson's hawk created Planning Director Taro Echiburu noted that the Swainson's hawk fee fund, consisting entirely of development paid mitigation impact fees, had one component for acquisition, and a separate, specific component for monitoring habitat lands. The City did not expect cost returns on lands purchased for habitat, but in review of options, staff believed that farming the property would yield the best return in terms of improved Motion: M/S Hume/Davis to approve the Consent Calendar as presented. The  competitive disadvantage for neighboring farm uses.  habitat conditions for Swainson's hawks.  motion passed by the following vote: Ayes: 5; Noes: 0.  Agenda Item No. 8.1: Minutes Agenda Item No.8.2:  Approved April 13, 2011 Special City Council Meeting Received report on City Manager approved purchases and  contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and  Purchasing, filed through April 20, 2011  Agenda Item No. 8.3: and Bids  Received report on Requests for Proposals, Qualifications,  Elk Grove City Council Regular Meeting. April 27,2011 Page30f17    Agenda Item No. 8.4:  Resolution No. 2011-60 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 (Annexation No. 19); Resolution No. 2011-61 adopted declaring intention to annex territory to Community Facilities District No. 2003-2 (Police Services) and to levy a special tax to pay fori infrastructure and police services (Annexation No. 19); Resolution No. 2011-62 adopted declaring intention to levy Street Maintenance District No. 1, Zone 3-D (Annexation No. 15); and Resolution No. 2011-63 adopted amending the Fiscal Year 2010-11 Budget to recognize additional revenue and expenditures from  annexation fees Agenda Item No. 8.5:  Resolution No. 2011-64 adopted authorizing the City  Manager to execute a construction contract with Republic Intelligent Transportation Services, Inc. for the 2011 LED Streetlight Conversion Project in the amount of $159,310, authorizing the City Engineer to approve change orders not-to-exceed $15,940, and amending the Fiscal Year 2010-11 Budget and 2010-15 Capital  Improvement Program Agenda Item No. 8.6:  Resolution No. 2011-65 adopted approving Subdivision No.  04-727.01, Franklin Crossing Village 1 Final Map, and authorizing the City Manager to  execute the Subdivision Improvement Agreement  Agenda Item No. 8.7:  Resolution No. 2011-66 adopted authorizing the allocation  of 35 Economic Development Treatment Capacity Bank Sewer Credits to the Sacramento County Water Agency for the proposed Vineyard Water Treatment Plant Director to exercise the sale and disposal of surplus City property in the form of Police  Agenda Item No. 8.8:  Resolution No. 2011-67 adopted authorizing the Finance  Vehicles, Law Enforcement, Equipment, and Transit Buses  Agenda Item No. 8.9:  Resolution No. 2011-68 adopted authorizing the City  Manager to execute a two year agreement with Miwall Corporation for the supply of ammunition for the Elk Grove Police Department in an amount not-to-exceed $150,000 Agenda Item No. 8.10: Resolution No. 2011-69 adopted authorizing the City Manager to expend $1,294,771 from the Swainson's Hawk Impact Mitigation Fee Fund for agricultural infrastructure improvements on the Delta Breeze Property Agenda Item No. 8.11: Resolution No. 2011-70 adopted ratifying and authorizing the expenditure of funds to Mid Coast Gas for Compressed Natural Gas (CNG) compressor rental and maintenance in the amount of $15,450 and amending Resolution No. 2009-104 by an amount of $46,000 ffor a total not-to-exceed amount of $150,000] Agenda Item No. 8.12: Authorized recruitment to fill three anticipated vacancies  amongst Districts 1 and 4 on the Youth Commission  Elk Grove City Council Regular Meeting, April 27,2011 Page 40 of17    PUBLIC HEARINGS Agenda Item No. 9.1: (HUD) CDBG funds RECOMMENDATION  Adopt the Fiscal Year 2011-12 Community Development  Block Grant (CDBG) Action Plan and authorize the City Manager to execute and file all documents required to receive US Department of Housing and Urban Development  Adopt resolution adopting the Fiscal Year 2011-12 Community Development Block Grant (CDBG) Action Plan and authorizing the City Manager to execute and file all documents required to receive US Department of Housing and Urban Development Taro Echiburu, Planning Director, provided an overview of the staff report and  CDBG funds. recommendation.  Mayor Detrick declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Detrick declared the public hearing closed.  Council Member Hume requested, that under use of public facilities funds for Bus Stop Improvements, to ensure that the bus stop at the location of the northwest corner of East Stockton Boulevard and Elk Grove Boulevard be improved as it served as a major hub of the system and currently did not provide riders with protection from the elements. Motion: M/S Hume/Scherman to adopt Resolution No. 2011-71 adopting the Fiscal Year 2011-12 Community Development Block Grant (CDBG) Action Plan and authorizing the City Manager to execute and file all documents required to receive US Department of Housing and Urban Development CDBG funds. The motion passed by  the following vote: Ayes: 5; Noes: 0.  Agenda Item No. 9.2:  A public hearing to consider approval of a Rezone from AR-  5 to AR-2 and a Tentative Parcel Map for the Albiani Justamere Parcel Map Project located at 10170 Justamere Lane (EG-10-019; APN: 127-0080-049-0000)  RECOMMENDATION  The Planning Commission recommended (4-1, No Murphey) that the City Council approve a Rezone from AR-5 to AR-2 and a Tentative Parcel Map for the Albiani Justamere Parcel Map Project, EG-10-019. For the Project, staff maintains that California Environmental Quality Act (CEQA) compliance is an outstanding issue that remains to be resolved, and staff recommends denial of the Project unless With the aid of an overhead presentation (filed), Christopher Jordan, Planning Manager, provided an overview of the staff report and recommendation. The project consisted of  environmental review is completed.  Elk Grove City Council Regular Meeting, April2 27,2011 Page 5of17    a rezone from AR-5 to AR-2, dividing the parcel into two properties measuring two acres each. The California Environmental Quality Act (CEQA) required analysis of potential impacts of protected species and mitigation of those impacts. Staff recommended denial of the project as, to date, no evidence had been presented in relation to impacts on Swainson's hawk, either in support in a finding a less than significant impact of the project, or preparation of any biological assessment to evaluate potential impacts of the project to habitat. Based on testimony at the hearing, the Planning Commission recommended approval of the project. In relation to the rezone, the proposed project was consistent with the General Plan for the property. Mr. Jordan noted public City Attorney Susan Cochran noted that since no analysis under CEQA had been conducted for the project, the Council had the option to require the applicant to conduct a biological assessment, and if an effect on habitat was found, for the applicant to pursue mitigation options. Without a biological assessment there was no evidence of impacts. Ms. Cochran noted if an exemption under CEQA was identified, the Council could then direct staff to make findings of evidence of such exemptions and to return at a future date to take formal action. Ms. Cochran noted that the Council could consider the City's thresholds of significance under CEQA, which would be another option that  comment letters were submitted opposing the project (filed).  could be pursued in the future.  Mayor Detrick declared the public hearing open.  Dennis Albiani, project applicant and property owner at 10170 Justamere Lane, provided a binder (filed) as supplemental information to address issues and statements regarding the project. He interpreted that Elk Grove Municipal Code Chapter 16.130 did not apply to projects that were maintaining agricultural zoning designations (as opposed to projects converting agricultural zoning designations to urban uses), and that remained under five acres net. He believed it was staff opinion that the regulation only streamlined parcels from five to 40 acres, and parcels under five acres, such as his project, were not streamlined. He stated that the Department of Fish and Game (DFG) had determined that parcels of land five acres or more in size were the minimal acrage for foraging habitats, which he believed then meant that parcels under five acres were not viable habitat. Mr. Albiani felt that the history of documentation on Swainson's hawk, from the original Sacramento County codes, to the referenced DFG reports, and subsequent professional surveys, had established a threshold of significance for the City of Elk Grove in that parcels below five acres were insignificant and would yield no biological impact, including no impact on foraging habitat. He referenced a recent parcel split conducted by his neighbor of a 10.5 acre parcel that did not require a biological assessment, and believed application of the City ordinance was not consistent over time. He believed his project could be approved using two options of either identifying a limited threshold using DFG and City codes as findings and to determine that the project was below the minimal threshold for viable habitat, or to use CEQA categorical exemptions 15315 or 15183. He noted that his property met several of the qualities of fractured habitat land (containing a home, landscaping, fencing, out-buildings, driveways, a public street, and an orchard) and when he inquired if his land could apply as a conservation easement he was informed the land would not qualify as applicable  habitat.  Elk Grove City Council Regular Meeting. April 27, .2011 Page6of17    In reply to Council Member Hume, Mr Albiani thought indemnification by the applicant to the City was standard for project approvals, and confirmed that in providing such indemnity that he could be liable to pay the attorney fees of parties that opposed his project in court. He stated his reticence to proceed with a biological assessment, as it could lead to paying impact fees of up to $65,000. Mr. Albiani believed the Council intended to establish a threshold of significance at five acres or more, as referenced by Mayor Detrick, Council Member Davis, and Council Member Scherman each disclosed that separately they had met with the applicant in relation to the project prior to the  DFG.  meeting.  PUBLIC COMMENT:  Judith Lamar believed the DFG report identifying land five acres and less as non-viable foraging habitat was in relation to land surrounded by urban development. When land connects to larger, encompassing open space areas, such parcels can contain foraging habitat of significance to the cumulative open space area. She found the applicant's assertion that the property would not qualify as habitat contradictory to the notion of not wanting to initiate a biological assessment. She believed issues could arise if City codes were not being equally applied. She objected to the applicant's use of letters from the Friends of the Swainson's hawk (FOSH) and DFG, that were written for other purposes, and putting them forward as evidence in the current matter to construe support of his point of view on topics that the initial letters were not intended to address. Jim Pachl believed the applicant should be required to conduct the biological assessment, and believed that the project's proximity to adjacent open space areas on multiple parcels would qualify the area as viable habitat. He did not believe the City had established a standard for a threshold of significance, which would require a separate Suzanne Pecci, speaking as a rural resident living on a nominal five-acre parcel, believed that if the Council considered exempting one person, it should be prepared to exempt all others in a similar situation. She believed this process needed to be slowed down to conduct adequate analysis, and cautioned that use of exemptions could prove problematic. Ms. Pecci did not want any tax funds to be utilized to defend project  review and approval process.  applicants seeking exemptions from City policy. Mayor Detrick declared the public hearing closed.  Council Member Hume supported the applicant's position, and believed owners of five- acre parcels intending agricultural residential zoning should be provided avenues for exemption. He agreed that a larger, contiguous acreage created a different situation to be evaluated, but that then consideration should be given to determine significance as five acres of undeveloped land in any given parcel, as that would disqualify scenarios of properties containing houses, out-buildings, improvements, etc. Mr. Hume observed that if the applicant were to build a mother-in-law unit, but not actually split the parcel, it could be done with a building permit and not require any environmental analysis. He acknowledged that some of the information submitted of letters from various groups and  Eik Grove City Council Regular Meeting, April 27,2011 Page 7of17    organizations may have misrepresented intent, but recognized that the DFG letter clearly stated interpretation, application, and enforcement of City ordinances was under the purview of the City alone. Since Mr. Albiani had expressed a willingness to indemnify the City, Mr. Hume believed the risk would be bourn by the applicant, and Motion: M/S Hume/Scherman to continue the item to May 25 and as amended, return with an indemnfication agreement, conditions of approval, and appropriate findings under the California Environmental Quality Act to consider a Rezone from from AR-51 to AR-2 and a Tentative Parcel Map for the Albiani Justamere Parcel Map Project, EG-10-  supported approval of the project.  019. The motion passed by the following vote: Ayes: 5; Noes: 0.  Agenda Item No. 9.3:  A public hearing to consider introduction of an ordinance  amending Elk Grove Municipal Code Titles 4, 6, and 23 and request for Council  direction on Industrial Sites Analysis RECOMMENDATION  The Planning Commission recommends (5-0) the following actions (except for proposed amendments related to non-conforming status, a 4-1 vote as described in the staff 1) Adopt resolution finding the proposed amendments exempt from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Section 15061 (b)(3), Title 14, Division 6, Chapter 3 (State CEQA Guidelines); and 2) Introduce and waive the full reading, by substitution of title only, an Ordinance 3) Introduce and waive the full reading, by substitution of title only, an Ordinance 4) Introduce and waive the full reading, by substitution of title only, an Ordinance Staff also seeks direction on addressing a number of on-going industrial zoning-related With the aid of an overhead presentation (filed), Sarah Kirchgessner, Planner, provided an overview of the staff report and recommendation. In July of 2006 the City completed ac comprenensive update to the zoning code. Starting in 2009, staff identified a series of amendments required and classified such amendments as major and minor amendments. The minor amendments were adopted in 2009, and the proposed amendments under this item include the major amendments identified by the Planning Commission, the public, and staff over the past year. Three public workshops were held, and the Planning Commission approved the draft amendments over the course of Ms. Kirchgessner reviewed the current project status of the industrial site analysis, which was initiated after the Council identified possible changes in land use regulations to ensure the industrial areas of the City provided for a successful mix and sufficient inventory of uses to be competitive in the regional market. The site analysis was also being conducted to ensure orderly transition between industry and residential uses, and to ensure continued consistency with the General Plan. The preliminary site inventory  report):  amending portions of the Elk Grove Municipal Code Title 23; and amending portions of Elk Grove Municipal Code Title 6; and amending portions of Elk Grove Municipal Code Title 4.  issues.  four public meetings held through December 2010 to March 2011.  Elk Grove City Council Regular Meeting, April 27, 2011 Page 8of17    identified seven study areas. If the Council directed staff to continue, the preliminary sites would be divided further into sub-areas for evaluation, and staff would plan future  tests, public outreach, and drafting of proposed amendments. Mayor Detrick declared the public hearing open.  PUBLIC COMMENT:  Tony Singh, a current applicant for a Conditional Use Permit, supported approval of the amendments as it would move his current application forward and allow a property to be  appropriately utilized.  Mayor Detrick declared the public hearing closed.  Council Member Hume appreciated the relaxed setback restrictions on keeping chickens in residential areas. He expressed support for the industrial zoning site analysis project, suggesting alternative zoning concepts be considered to implement an intensity gradation within particular zones to ease the transition of the intensity of uses, as currently zoning uses must abide by strict zoning maps which can create constraints on zoning uses. Mr. Hume requested changing zoning designation naming conventions of M1 and M2 to a readily understandable notation such as Low Intensity (LI) and High Vice Mayor Cooper appreciated regulations addressing the Conditional Use Permit Council Member Davis supported continuation of the industrial site analysis, and requested a substantive inventory of industrial sites remain to position the City to attract industrial use businesses. Mr. Davis noted the Planning Commission had pending questions regarding big box / large retail business regulation and to hold off on such City Attomey Cochran noted proposed changes to the design of large retail businesses was removed, and planned to come forward with a comprehensive package of citywide design guideline revisions for other uses in the City. The amendments tonight did Ms. Kirchgessner noted staff had originally recommended repealing the chapter related to the big box / large retail business standards, but that the Planning Commission requested such action be held off. The draft ordinance did not include any such repeal Mayor Detrick received confirmation that the industry working group had extensively reviewed the proposed amendments, and were in support of the item. Mayor Detrick believed the change for nonconforming uses, increasing extensions up to two years (previously it was six months), would be of benefit to maintain business uses. By consensus the City Council directed staff to continue the Industrial Sites Use  Intensity (HI)  requirement for liquor stores and bars.  approvals.  include revised definitional terms of large retail establishments.  at this time.  Analysis.  Elk Grove City Council Regular Meeting, April 27,2011 Page 9of17    Motion #1: M/S Hume/Scherman to adopt Resolution No. 2011-72 finding the proposed amendments exempt from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Section 15061 (b)(3), Title 14, Division 6, Chapter 3 (State CEQA Guidelines). The motion passed by the following vote: Motion #2: M/S Hume/Scherman to introduce and waive the full reading, by substitution of title only, Ordinance No. 8-2011 amending portions of the Elk Grove Municipal Code Title 23. The motion passed by the following vote: Ayes: 5; Motion #3: M/S Hume/Davis to introduce and waive the full reading, by substitution of title only, Ordinance No. 9-2011 amending portions of Elk Grove Municipal Code Title Motion #4: M/S Hume/Davis to introduce and waive the full reading, by substitution of title only, Ordinance No. 10-2011 amending portions of Elk Grove Municipal Code Title  Ayes: 5; Noes: 0.  Noes: 0.  6. The motion passed by the following vote: Ayes: 5; Noes: 0.  4. The motion passed by the following vote: Ayes: 5; Noes: 0.  Agenda Item No.9.4:  Introduce ordinances: 1) amending Elk Grove Municipal  Code Chapter 16.90, repealing Sections 16.90.020 and 16.90.030 and amending Section 16.90.010 to Title 16 relative to Building and Construction Permit Fees; and 2) repealing Elk Grove Municipal Code Section 22.20.015 and adding Chapter 22.150 to  Title 22 relative to Planning Services Fees  RECOMMENDATION  1) Introduce and waive the full reading, by substitution of title only, an Ordinance repealing Elk Grove Municipal Code Sections 16.90.020 and 16.90.030 and amending Section 16.90.010 of Title 16 relative to Buildings and Construction and 2) Introduce and waive the full reading, by substitution of title only, an Ordinance repealing Elk Grove Municipal Code Section 22.20.015 and adding Chapter 22.150 With the aid of an overhead presentation (filed), Marsha Ley, Finance Analyst, provided an overview of the staff report and recommendation. A fee study and regional comparison for all development related services (including Planning, Building, and Public Works) was conducted by staff. The format of the fee change proposal shifted approval of fees from ordinances to resolutions, giving the City greater flexibility in implementing future amendments or changes. Specifically the item repealed sections of the Elk Grove Municipal Code to remove language relating to current fees and the current fee evaluation structure, and amending sections to allow the adoption of new fee schedules by resolution. Future consideration and adoption of development related service fees by resolution, with a complete fee study analysis, would be presented to  Development fees; and  to Title 22 relative to Planning Services fees.  the Council at the May 25, 2011 meeting. Mayor Detrick declared the public hearing open.  Elk Grove City Council Regular Meeting. April 27, 2011 Page 10of17    PUBLIC COMMENT: None.  Mayor Detrick declared the public hearing closed. valuation based fees to square footage based fees.  Council Member Hume received confirmation that the City was moving away from Assistant City Manager Rebecca Craig noted that in the Notice of Public Hearing fee minimums and maximums were presented. Tiers of fee payments would be implemented grading through the minimum and maximum amounts based on square footage, and for projects over 100,000 square feet a factor calculation would be applied Council Member Davis requested when the item returns for consideration that tangible Motion #1: M/S Scherman/Hume to introduce and waive the full reading, by substitution of title only, Ordinance No. 11-2011 repealing Elk Grove Municipal Code Sections 16.90.020 and 16.90.030 and amending Section 16.90.010 of Title 16 relative to Buildings and Construction and Development fees. The motion passed by the Motion #2: M/S Scherman/Hume to introduce and waive the full reading, by substitution of title only, Ordinance No. 12-2011 repealing Elk Grove Municipal Code Section 22.20.015 and adding Chapter 22.150 to Title 22 relative to Planning Services NOTE: Council recessed at 8:58 p.m. The regular City Council meeting reconvened at  for each increment above.  examples be provided to illustrate the fee amounts for various projects.  following vote: Ayes: 5; Noes: 0.  fees. The motion passed by the following vote: Ayes: 5; Noes: 0.  9:03 p.m. with all members present.  REGULAR AGENDA ACTION TEMS/RECOMMENDATIONS  Agenda Item No. 10.1: Receive an update on the City's membership in the Elk Grove Economic Development Corporation (EGEDC) and provide direction as appropriate Provide direction to staff in the preparation of the Fiscal Year 2011-12 Budget on the Inclusion of a contribution of $60,000 for continued membership in the Elk Grove Economic Development Corporation (EGEDC) payable on February 1, 2012; and Inclusion of funding for the addition of an Economic Development Director. Laura Gill, City Manager, provided an overview of the staff report and recommendation. Staff evaluated involvement by the City and private sector for the past five years with the Elk Grove Economic Development Corporation (EGEDC). The goals set in 2007 were for the private sector to raise $1.5 million over the five-year period, equating to  RECOMMENDATION: following:  Elk Grove City Council Regular Meeting, April 27. 2011 Page 11of17    contributions of $300,000 a year reflecting a private sector contribution of 67% to the EGEDC. The City contribution of $150,000 was to cover the remaining 33% of funding. However, the EGEDC had not been able to recruit private sector companies to the extent projected, and in review the funding ratio reflected approximately 60% City funding and 40% private sector funding. For job creation the goal was established to have 1,500 jobs formed over that five-year period, which had fallen short of expectations. At initiation of the EGEDC, it was expected that the EGEDC would work in conjunction with the City Economic Development Director, a position that was abandoned later in 2007. As Job creation had been a top priority, staff at this time suggest the City should have a stronger presence in local economic development activity and recommend the proposed Fiscal Year 2011-12 budget be prepared with the following: 1)continue participation in the EGEDC, but restore funding to the 33/67 ratio split originally conceived to an amount reflective of funding raised in the last five years, equating to approximately $60,000 annually, 2) to review the Memorandum of Understanding with the EGEDC, and 3) utilize the remaining funds of $90,000 towards funding the position of an Economic Development Director. She noted an alternative to funding the EGEDC was to cease funding altogether, but such a route risked the loss of the private funding altogether, which over the past five years equated to $125,000 annually, and Ms. Gill believed that initiating some level of reduced funding would incentivize the EGEDC to invigorate its fund raising efforts, which could likely yield higher annual contributions than projected in the past than from the private sector.  PUBLIC COMMENT:  Lynn Wheat supported the City hiring an Economic Development Director, and believed the recruitment should target a well educated, experienced individual familiar with economics and redevelopment, and someone from outside the Elk Grove area to evaluate what the City needed economically in this region. She advocated that economic stability was also needed for the community's small business venues. In reply to Vice Mayor Cooper, City Manager Gill noted annual audits were contained in the terms of the Memorandum of Understanding with the EGEDC, modeling adherence to the audit requirements the City imposed on projects under the Community Grant Program. Such financial audits had not been filed to date, and were requested by the City at the EGEDC Board meeting mid 2010. Since that time the EGEDC had hired an auditor, and were auditing going back through fiscal years to 2007. Ms. Gill had the opportunity to preview the unaudited numbers, and she believed funds appeared to have been spent correctly, but the full audit would be finalized and presented to the City Vice Mayor Cooper believed the issue of non-compliance in producing annual audits Council Member Hume believed the economic climate over the past five years challenged all agencies' efforts to foster economic development. He believed monies had been spent correctly, and though the EGEDC may not have adhered to the terms of the MOU, efforts were made, but unfortunately many leads never came to fruition. Mr. Hume did believe more earnest engagement was needed from the EGEDC to foster an environment of inclusiveness between the EGEDC, the City, and the Chamber of  for final review.  should have been addressed and evaluated earlier.  Elk Grove City Council Regular Meeting, April 27,2011 Page 12of17    Commerce. Mr. Hume observed that shifting the remaining $90,000 towards funding a staff position also would implicate funding an additional $130,000 to fund the Economic Council Member Davis believed the intent of the program was for the City to assist in the initial creation of EGEDC, but ultimately private industry would take over the operations of the agency. He felt the staff recommendation moved the program in such a direction, and reviewed that over the past five years substantial economic development progress had been made. He requested that as the City considered hiring an Economic Development Director, to study and present best practice models for review and consideration. Mr. Davis also requested hearing back from the EGEDC on the changes proposed by the staff recommendation to see how the agency intended to move forward, as the City had been a major investor to date, and ensure the EGEDC City Manager Gill noted the City had compiled analysis in defining and creating the position of an Economic Development Director which would be provided to the Council at the meeting of May 25, 2011. Ms. Gill noted the City had been in contact with the EGEDC regarding the staff recommendation tonight, and the EGEDC was reviewing its Mayor Detrick served on the current EGEDC Board, and noted changes in the EGEDC were pending, including announcement of a new Board Chair. He stated the agency was conducting a top-to-bottom evaluation, and since he had served on the EGEDC Board regular reporting had occurred. He noted the structure of the EGEDC as a corporation, versus a public entity, provided certain privileges the community could benefit from, especially from a perspective of maintaining sensitive business negotiations in a private forum. Mayor Detrick believed the future success of the EGEDC would rely on fostering collaborative working relationships amongst agencies. Council Member Davis believed that with continued funding of the EGEDC that increased reporting and auditing of the use of funds should be addressed. The City Council provided direction for the preparation of the Fiscal Year 2011-12 Budget to include a contribution of $60,000 for continued membership in the Elk Grove Economic Development Corporation (EGEDC) payable on February 1, 2012, to review the Memorandum of Understanding with the EGEDC, and to include funding for the  Development Director position for a full year.  had a plan for success moving forward.  needs and operational model.  addition of a City Economiç Development Director. Agenda Item No. 10.2: Redistricting Overview  RECOMMENDATION:  Receive report from Redistricting Partners on current City of Elk Grove demographics, public outreach Work Plan on identifying communities of interest, presentation of initial list of communities of interest, and receive direction from Council as deemed Jason Lindgren, City Clerk, introduced Redistricting Partners (RP), the consultant firm  appropriate.  selected to provide redistricting services for the City.  Elk Grove City Council Regular Meeting. April 27,2011 Page 13of17    With the aid of an overhead presentation (filed), Matt Rexroad, project lead, provided an overview of the staff report and recommendation. The 2010 decennial census data was released, and the goal of redistricting was to equalize the updated census population numbers amongst representative districts. Redistricting occured at all levels of government and was being engaged amongst numerous agencies. A unique aspect for Elk Grove was a result of Measure K, approved November 2010 relating to the directly elected mayor, which reduced the number of representative districts from five to four districts. Equal population was sought with a goal of establishing new districts within an acceptable deviation for local governments, an initial, acceptable total deviation range was 10%, equating to district population divisions within t 5% deviation on either side of the median. The 2010 census yielded that Elk Grove was comprised of 153,015 residents, and with a goal to divide the population equally into four districts, within the 5% deviation, the median was 38,254 residents per district. Mr. Rexroad noted tenets of redistricting such as evaluating dispersion of ethnic groups, forming geographically compact districts, and determining and defining communities of interest". He noted the public engagement process proposed by RP would elicit feedback from the community to evaluate such redistricting tenets with an Elk Grove perspective, and to define communities of interest" to assist in generating map submittals for final review by the Council for a decision. He noted population growth in the last decade was uneven amongst the current districts, the use of census numbers was to recalibrate representative populations every decade. Though open space or undeveloped space could be considered for dividing future areas of growth evenly among districts, the process was prohibited from speculating where growth may occur. He reviewed the 2010 census data of current districts, displayed as Geographic Information Systems (GIS) maps comprised of neighborhood clusters developed by RP (consisting of census tracts and block groups). He noted the greatest growth occurred in Districts 2 and 4, and decreased population was seen in District 5. He reviewed ethnic group dispersion, noting Elk Grove was a diverse community with balanced dispersal of ethnic groups throughout the City. He noted RP could provide additional data layers for consideration Mr. Rexroad reviewed the public outreach process and project timeline. RP's intent was to host public workshops to provide input on the process, and to provide the tools for any citizen participants to draw their own maps for submittal. Currently four community workshops were planned in May, offered at different times to accommodate varying schedules, with a goal to return June 8 with a summary of comments and map submittals received. He offered that between now and June 8, RP would schedule meetings, in addition to the four planned workshops, with any interested parties to draw maps and gather feedback for consideration. A final map approval was targeted for  (citing the example of foreclosure rates mapped across the City).  consideration on July 13.  Motion: M/S Hume/Scherman to waive rule of procedure not to consider new business after 10:00 p.m. and to proceed with the remainder of the agenda. The  motion passed by the following vote: Ayes: 5; Noes: 0.  Elk Grove City Council Regular Meeting. April 27,2011 Page 14of17    PUBLIC COMMENT:  Paul Lindsey, representing the community group Elk Grove FIRST, believed overarching principles should be identified for the process, and that community involvement, transparency and fairness serve as guiding values. Mr. Lindsey expressed concern that the time line presented was unrealistically short, and suggested another round of workshops be offered to review and explain final alternatives recommended prior to presentation for final consideration, currently scheduled for July 13. Connie Conley noted she had provided her contact information to Redistricting Partners and would assist in generating community involvement in the process. Council Member Davis requested that all submitted maps be posted online.  The City Council appreciated the suggestion made under public comment to provide additional workshops, leaving the discretion to Redistricting Partners and staff to evaluate the need for such workshops based on the level of community participation in Agenda Item No. 10.3: Consider resolution establishing an advisory Citizen  the process, and received the remainder of the report.  Engagement Review Committee RECOMMENDATION: June 8, 2011.  Adopt resolution establishing and defining the scope of an advisory Citizen Engagement Review Committee and authorize recruitment for the Committee for appointment on Christine Brainerd, Public Information Officer, provided an overview of the staff report and recommendation. The item would establish a ten member advisory committee to assist the City in reviewing public outreach practices, assist in developing a citywide customer satisfaction survey, and after a six month review period, would submit a final  report of findings to the City Council. PUBLIC COMMENT: None.  In reply to Council Member Scherman, City Manager Gill noted a section could be added to application for the committee inquiring "Are there special areas of expertise that you bring to this committee that should be considered in appointment?" Council Member Hume was wary of creating the committee as it did create impacts on staff time and facility resource availability. He stated he was not clear on work product Vice Mayor Cooper was not in support of adding another committee at this time, and believed the City had good public engagement practices, both in review of policy and in  that would be produced from such a committee.  neighborhood meetings conducted by police services.  Elk Grove City Council Regular Meeting, April27,2011 Page 15of17    Council Member Davis believed there was value to validate statements of the City's public engagement processes, and that an audit did not reflect negatively, but rather served as a means to be proactive to identify means to more effectively reach out and Inr reply to Mayor Detrick, City Manager Gill noted the City mail-in survey was initiated two years ago (modeled after the national city survey developed by the International City/County Management Association and The National Research Center), and provided a fairly comprehensive survey for citizens to provide feedback on City operations. She believed telephone surveys may also had been conducted in the past, and for the written survey a 22% retum was received, which was an adequate standard response for a written survey. The City did have the ability to add up to five additional questions on the survey of a topic of choice, and questions regarding citizen Motion: M Davis to adopt resolution establishing and defining the scope of an advisory Citizen Engagement Review Committee and authorize recruitment for the Committee for appointment on June 8, 2011. The motion FAILED due to lack ofa a second.  collaborate with the community in decision making processes.  engagement could be included as a topic for use in the survey.  The City Council took no further action on the item.  Agenda Item No. 10.4: Informational Report Regarding Digital Billboards in the City  RECOMMENDATION:  Receive the report and provide direction as necessary.  Christopher Jordan, Planning Manager, provided an overview of the staff report and Council Member Scherman noted, as she initially requested the item be brought forward for consideration, that in review of staff findings she did not see a need to pursue the  recommendation.  issue at this time. PUBLIC COMMENT: None.  The City Council took no further action on the item.  Agenda Item No. 10.5: City Council Goals, Objectives, and Strategies for Fiscal Years  2011-12 and 2012-13 RECOMMENDATION:  Receive and file the City Council Goals, Objectives, and Strategies for Fiscal Years 2011-12 and 2012-13, and provide direction and feedback as appropriate. Laura S. Gill, City Manager, provided an overview of the staff report and recommendation. Staff assembled objectives and strategies to support each of the five goals reaffirmed by the Council in February. She noted the document was intended to be fluid and likely additional items would be added to the list over the next two years.  Elk Grove City Council Regular Meeting, April 27,2011 Page 16c of17    PUBLIC COMMENT: None.  The City Council received and filed the report.  ADJOURNMENT  With no additional business to conduct, the April 27, 2011 City Council meeting was adjourned in memory of Gurmej Atwal and Freda Greene-Dodson at 10:24 p.m.  t JASONI LINDGRENNCHY CLERK  ATTEST: Hh W  K  STEVEN M. DETRICK, MAYOR  Elk Grove City Council Regular Meeting, April 27,2011 Page 17of17