CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, September 22, 2010  REGULAR MEETING  CALL TO ORDER/ROLL CALL  Mayor Scherman called the regular City Council meeting of September 22, 2010 to  order at 6:10 p.m. Present: Absent:  Mayor Scherman, Vice Mayor Detrick, Council Members Davis and  Hume.  Council Member Cooper (arrived at 6:26 p.m.)  Officer Elizabeth McClung led the Pledge of Allegiance. Mayor Scherman asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Davis/Detrick to approve the agenda as presented. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Cooper).  CLOSED SESSION None.  PRESENTATIONS/ANNOUNCEMENTS  4.1 Solid Waste Advisory Committee Members Cedar Kehoe and Jerry Cummings gave a presentation on Extended Producer Responsibility. With the aid of an overhead presentation (filed), Ms. Kehoe described a Committee objective to address Extended Producer Responsibiity (EPR) to shift California's product waste management system. EPR would require producers to take responsibility for minimizing environmental impacts of products they produce by driving improvements in product design, decreasing the disposal cost burden on local government. Local governments provide for recycling, but only promote a small percentage of actual capture, and non-recycling yielded increased landfill. Bans on products from landfills had no funding mechanism and consequently did  not reduce the volume of waste.  Elk Grove City Council Page 1of 12  Regular Meeting, September 22,2010    Ms. Kehoe noted that recycling programs had grown in the last 20 years, but the amount of waste diverted has increased, with more waste going into landfills. EPR was supported by international, state, and local agencies, and an objective of the Committee was to get the Integrated Waste Management Board involved in producing the regulations to cover the various producers, noting a recent example ofSharps medical waste disposal. The Committee sought the support of the City of Elk Grove to initiate discussion with regional stakeholders to evaluate The Council raised concern whether increased costs from EPR would be passed onto consumers or local businesses by producers, either in increased product costs Council Member Hume noted that in further discussion of EPR he would want to receive further information on whether costs would pass through away from the producer, and to have an education unit to let consumers know the effects of EPR  implementation of an EPR policy on a regional scale.  ori increases to health care insurance.  policies.  PUBLIC COMMENT  Brandy Howard, referring to a situation that occurred in early June of this year involving her family and the Elk Grove Police Department, noted that after filing a complaint on how the incident was handled, received word back that the Police Department exonerated themselves from any "wrong doing". Ms. Howard believed the Police Department had acted nappropriately, and stated she would initiate legal Police Chief Robert Lehner confirmed that a full review of the circumstances of that particular call was conducted, and it was determined that the officers acted appropriately under the circumstances. He noted that Ms. Howard was provided a letter of the review last week, and due to potential legal action he had no further Andrew Northrup requested mosquito abatement be pursued in and around wildlife Lynn Wheat attended the recent meeting of the Affordable Housing Loan Committee and shared her observations in which she believed that City staff's lack of clear guidelines, information, and time frames for project applicants was prohibitive to a responsive business environment. She believed current processes  action against the Elk Grove Police Department.  comment on the matter.  preserves and areas with stagnant water in Elk Grove.  int the Planning Department were business and resident unfriendly.  Elk Grove City Council Page2of12  Regular Meeting, September 22,2010    Kayla Cole spoke on behalf of the e.merge coalition, a regional coalition of community leaders working together to ensure youth and adults can actively engage in creating and maintaining supportive youth friendly environments. Ms. Cole noted the active support role of Mr. Jim Miller in the coalition, and stated the coalition had been adopted by five city councils, seven school districts, Sacramento County and over 400 community organizations, varying from faith based organizations to private businesses. Through the efforts of the coalition, the region received an America's Promise Alliance Award as one of the best hundred communities in the nation for young people. Coalition representatives would return next month to present the award to the Council, which would also be given to 12 Jeanne Hamel requested cement poles be installed in the parking lot of a commercial site located at 9156 and 9160 Elk Grove-Florin Road by the retaining wall behind her residence. Ms. Hamel provided pictures (filed) that delivery trucks consistently used a brick retaining wall and line of redwood trees as a "bumper" to negotiate turns when making deliveries. The space for delivery trucks was reduced with the installation of a metal gate that currently was ciosed at 6:00 p.m. The gate was installed to lock the alley at night to decrease traffic, racing, and vandalism, but has had the unfortunate effect of forcing delivery trucks that arrive after 6 p.m. to enter from the south and negotiate the turn into the "bumper" area adjacent to her property. With only the barrier of the retaining wall and trees, Ms. Hamel described her safety concerns for her family from falling debris, or the potential of a larger accident, when the large, big rig delivery trucks moved in proximity to her residence and backed into the "bumper". Ms. Hamel believed cement posts were needed sO the delivery trucks could use the posts as a bumper instead of the wall. City Manager Laura Gill informed the Council that she was made aware of the situation on Monday and assigned Public Works, Code Enforcement, and Planning departments to assess if any conditions in the lot were counter to the site plan. Council Member Davis believed assessing the site plan was a good initial step, but Vice Mayor Detrick believed that because the gate closed off the corridor circling the building, it would likely be a possible violation of conditions. Council Member Hume agreed, noting such an enclosure would affect a fire circulation plan. Council Member Cooper noted the installation of any poles would need to occur on Charlie Zamora announced the opening of his new business Warriorz Training, a fitness facility providing one-on-one personal training and athletic training  agencies and individuals for their work with youth.  also supported actively pursuing installation of the posts.  the commercial property.  Elk Grove City Council Page3of12  Regular Meeting. September 22.2010    development for youth located at 8829 Sheldon Road. He shared his experience with City processes and applications to start his business, and stated that it would be beneficial if the City provided a complete checklist of what was needed up front. Mr. Zamora stated he would be hosting an event called the Fittest Person in Elk Grove, to create a day of fitness to raise money for local non-profits, and hold a competition to bring area fitness business representatives and the community together to develop a regional fitness network. Mr. Zamora requested the Council Kathy Lee stated she and a group of citizens attended the Affordable Housing Loan Committee (AHLC) meeting on Friday to provide public comment in opposition to the Waterman project. While at the meeting, the group saw the project for Laguna Ridge Apartments, which the group supported over the Waterman project, as the Laguna Ridge Apartments proposal displayed the following benefits: 1) the project had financing in place, 2) the project had met City requirements, 3) the application was the first project application submitted, 4) the overall project successfully integrated with surrounding neighborhoods, 5) the project had a significantly lower City subsidy per unit than the Waterman project, and 6) the project site offered an abundance of City services and amenities available within walking distance. Ms. Lee asked Council to consider these factors when the projects came before Council Member Hume requested clarification on the next steps in processing affordable housing loan project applications at this point, what kind of authority and nature of discretion was considered, and whether a project application that introduced phases of a project, for an original project not introduced as a phased project, would trigger an overconcentration clause identified in the General Plan Assistant City Manager Rebecca Craig responded that the AHLC held its first meeting on the applications last Friday and were not able to make a decision on recommendations, setting another meeting for October 20. At that time, staff would bring back additional information as requested by the AHLC, in addition to responses to questions raised by the public as expressed under public comment this evening. Once the AHLC makes a recommendation on the loans, the loan applications would come before the City Council, and the Council was the only authority that could approve or deny affordable housing loans. In addition to the loan applications, but separate from the loan application process, both projects had the possibility of being required to go before the Planning Commission or Council  consider becoming partners in promoting the event.  them for consideration.  regarding land use policy for multi-family projects.  for land use entitlements.  Elk Grove City Council Page 40 of12  Regular Meeting. September: 22, 2010    Ardie Zahedani, representing loan applicant St. Anton Partners, believed review by the AHLC was delaying the application process and subsequently would create complications on the time sensitive financing timeline of his proposed project, which could raise the overall cost and request for City subsidy. He believed there was a time when review by the AHLC provided a necessary filter from an excess of applications, but in this instance, the nature of the delays involved major policy issues, which he believed should be addressed directly by the Council. Mr. Zahedani noted that the policy question that arose at the last AHLC meeting was a decision on what the maximum loan amount that could be granted, and when a cap was suggested it created the potential for a significant policy change that would make his proposed project unfeasible. In regards to timing, Mr. Zahedani noted the importance of financing triggers, and every month of delay would accrue fees his organization pays to banks. Increased fees would increase the burden on the project application and would increase the per door subsidy of the project. Mr. Zahedani requested the policy questions be addressed by the Council as soon Council Member Cooper believed the Council should address the policy issues to clarify the process to promote the best affordable housing project that was accepted Council Member Davis agreed that policies needed clarification, and stated the process time was too slow and not accommodating of companies willing to invest in the community. Mr. Davis requested the projects be taken from AHLC review and City Attorney Susan Cochran noted two policies were raised during the AHLC meeting: 1) how was "first come, first served" defined, and how issues relative to the planning readiness of a project defined a "completed application", and 2) what was the underwriting criteria, as discussions addressed not just the total amount of subsidy available but what percentage of the total project cost was borne by the subsidy. She observed that while a staff recommendation was made to consider splitting the $14 million remaining in the Affordable Housing Loan Fund, no action was taken by the AHLC to vote on such a proposal. Ms. Cochran noted that because there are still some planning issues related to both projects, she did not want the discussion that came before the Council to consider which was the better planning project, as the focus should be on the affordable housing loan aspect only; and if opinions were voiced on entitlements it could preclude members from voting  as possible to provide certainty of the process for applicants.  by the citizenry and a right fit for the area.  brought before the Council for a decision.  on entitlements at a future date.  Elk Grove City Council Page 5of1 12  Regular Meeting. September 22, 2010    City Attorney Cochran requested time to review the formation documents of the AHLC to review if the Council had the authority to bypass the AHLC process and Mayor Scherman received consensus from the Council to return the policy discussion for the meeting of October 13, and if the formation documents allowed, to also bring current project applications before the Council for consideration. City Manager Laura Gill reviewed the September 22, 2010 Administrative Report (filed). She introduced new Emergency Management Coordinator Don Stangle. Ms. Gill noted a new, continuing addition to the Administrative Report which wasan  move review of applications directly to the Council.  GENERAL. ADMINISTRATIONINFORMATION  update of all standing citywide initiatives. COUNCIL COMMENISIFUTURE AGENDAITEMS  Council Member Davis noted the annual Sacramento Area Council of Governments (SACOG) Salutes! award event was coming soon, and noted a number of categories had an emphasis on outstanding land use in rural areas. He encouraged staff to assess what projects could be brought forward for nomination. Mr. Davis stated the Elk Grove Playground Partners had taken another venture to build the Pirate Island playground in Elk Grove Regional Park, and they would be holding a Vice Mayor Detrick attended the community barbecue hosted by Council Member Davis. He attend the League of California Cities annual conference providing networking opportunities, several workshops of best practices, and he noted the submitted City resolution supporting no texting while driving was adopted by the League. He attended a fundraising event for the Elk Grove Food Bank and the Police Beat 3 and 5 meeting. Vice Mayor Detrick noted the Child Protection Forum would be held next Wednesday night, September 29 at 6:00 p.m. in the Council Council Member Hume noted the Sacramento Transportation Authority (STA) Board and Capital SouthEast Connector Joint Powers Authority (JPA) Board did not meet this month, and nothing of Elk Grove significance was on the Sacramento Regional Transit District (RT) Board meeting agenda. Although the JPA meeting was canceled, two forums were held in the Sheldon area to refine the Limited Access Roadway Alternative being studied and considered for the programmatic Environmental Impact Report, with another forum scheduled for Tuesday September 28. Mr. Hume requested a future agenda item to address Certificates of Occupancy and business licensing. He believed an aggressive revision was needed to simplify the licensing process, to remove what he felt was excessive  fundraiser during the upcoming Harvest Festival.  Chamber.  Elk Grove City Coungil Page 6of12  Regular Meeting, September 22, 2010    regulation for code compliance, and the process should be streamlined with the goal to get businesses up and operating. He suggested consideration of a timeframe to waive inspection fees to stimulate business growth and inspection City Manager Gill noted that Certificates of Occupancy and business licensing was Council Member Hume had met with the business owners of the Stepping Stone Learning Academy in relation to the smoke shop Ilusion operating in vicinity of the school, and Mr. Hume stated his puzzlement that the recent Walgreens application to sell alcohol required applying for an additional use, yet the smoke shop was operating by right, with no review, to sell tobacco products. He requested looking into adding regulation for tobacco sales, but recognized any revised regulation would not address existing problems at that site, though it could provide control over tobacco sales in the future. Mr. Hume believed that the operation of the smoke shop was detrimental to retaining the preschool and neighboring martial arts academy in the area, but he stated that problems between the community and the smoke shop were difficult to address. He stated the property owners were separate owners, both in receivership, making it difficult to identify a landlord to bring into the discussion that having a continuing tenant operating a smoke shop was detrimental Council Member Cooper attended the Sacramento Regional County Sanitation Board of Directors (SAN Board) meeting which discussed that additional requirements were planned to be added to the regional National Pollutant Discharge Elimination System (NPDES) permit for the local wastewater treatment plant which would greatly affect resident rates. Mr. Cooper requested the SAN Board provide a Mayor Scherman invited Officer Elizabeth McClung forward who had received the Law Enforcement Hero Award from the American Red Cross Hometown Heroes recognition and awards program. Officer Elizabeth McClung shared her experiences in responding in two separate instances which had earned her the Mayor Scherman attended the Elk Grove Senior Center Board which discussed a future fundraising shrimp feed to be held October 29. She attended the unveiling of the first home refurbished under the Neighborhood Stabilization Program, attended the Elk Grove Food Bank fundraiser, attended the American Red Cross Hometown Heroes recognition and awards program, and attended and presented certificates to  compliance.  scheduled to be addressed at the regular meeting of October 13.  to maintaining other clientele in the business center.  presentation to the City on the matter.  recognition.  Elk Grove City Council Page7 7of12  Regular Meeting, September 22. 2010    the graduates of the Law Enforcement Chaplaincy. Mayor Scherman attended the League of California Cities annual conference, participating in eight workshops, and presented the City resolution regarding no texting while driving. She noted members of the general assembly wanted to amend the resolution to include that firefighters and police officers would not to be able to text while driving, but that amendment  was voted down.  CONSENT CALENDARI ITEMS  Council Member Hume inquired regarding Item 8.8 whether the City had discretion to not select the lowest price bid, but to take into consideration keeping sales, especially for vehicle sales tax, locally, either in the City's jurisdiction or the region, as the staff recommendation was to award a business in Southern California. Mr. Hume acknowledged he did not want to excessively increase costs for procurements, but wanted for consideration of future purchases to take into account Motion: M/S Cooper/Davis to approve the Consent Calendar as presented. The  the residual benefits to the City to shop locally.  motion passed by the following vote: Ayes: 5; Noes: 0.  Agenda Item No. 8.1: Agenda Item No. 8.2: Meeting Minutes Agenda Item No. 8.3:  Received July 2010 Treasurer's Report  Approved September 8, 2010 Special City Council Received report on City Manager approved purchases  and contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and  Purchasing, filed through September 15, 2010  Agenda Item No. 8.4: Qualifications, and Bids Agenda Item No. 8.5: Agenda Item No. 8.6: Agenda Item No. 8.7:  Received report on Requests for Proposals, Ordinance No. 21-2010 adopted amending Chapter Resolution No. 2010-198 authorizing the destruction of Resolution No. 2010-199 authorizing the Finance  9.20 titled Sex Offenders' Proximity to Children's Facilities (Second Reading)  certain records retained by the Finance Department  Director to sell and dispose of surplus City property in the form of Police and Animal  Services vehicles, law enforcement equipment, and transit buses  Agenda Item No. 8.8:  Resolution No. 2010-200 authorizing the City Manager  to execute a contract with Hoblit Motors for the purchase of five police patrol units in  an amount not to exceed $125,000  Elk Grove City Council Page 8of12  Regular Meeting, September 22, 2010    Agenda Item No. 8.9:  Resolution No. 2010-201 amending Resolution No.  2010-172 authorizing the City Manager to accept grant funding from the Office of Traffic Safety in the amount of $245,000 and amend the Police Department's Agenda Item No.8.10: Resolution No. 2010-202 accepting the Elk Grove Corporation Yard Elkmont Way Entrance Improvements Project as complete and authorizing the City Engineer to prepare, and the City Clerk to file, the Notice of Agenda Item No. 8.11: Received Biennial Notice of Intention to Amend Elk  budget  Completion with the Sacramento County Recorder  Grove Conflict of Interest Code PUBLIC HEARINGS Agenda Item No. 9.1:  A public hearing to consider amending the Mitigated  Negative Declaration and Mitigation Monitoring Reporting Program, adopted for the  Franklin Crossing Amendments project (EG-09-062)  RECOMMENDATION  Adopt resolution amending the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, for the Franklin Crossing Amendments project (EG- 09-062), subject to the findings and revised mitigation measure contained in the Mike Costa, Associate Planner, provided an overview of the staff report and recommendation. Staff supported the applicant's requests including eliminating the requirement to construct a three foot noise barrier along the proposed Kammerer Road overpass, as design and construction of the roadway was uncertain, and changing the timing to phased installation of the western sound wall barrier to coincide with development phases of the subdivision, rather than constructing the  proposed resolution.  entire sound barrier prior to the first building permit. Mayor Scherman declared the public hearing open.  Jay Pawlek, applicant representing Taylor Morrison Homes, viewed the request as a clean-up measure to remove the southern sound wall from the Conditions of Approval, since it would not be possible to build a wall without prior construction of the roadway, which the Public Works Department had indicated the timing of the design and construction was uncertain. The request for phasing construction of the western boundary wall was to coincide with build-out of the subdivision, and to not create an attractive nuisance by constructing the entire wall before any build-out in  the surrounding area.  Elk Grove City Council Page 9of12  Regular Meeting, September 22,2010    PUBLIC COMMENT: None.  Mayor Scherman declared the public hearing closed.  Motion: M/S Cooper/Scherman to adopt Resolution No. 2010-203 amending the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, for the Franklin Crossing Amendments project (EG-09-062), subject to the findings and revised mitigation measure contained in the proposed resolution. The motion  passed by the following vote: Ayes: 5; Noes: 0.  REGULAR AGENDA ACTION EMSRECOMMENDATONS Subcommittee for the Sphere of Influence Amendment Application  Agenda Item No. 10.1: Discussion / Direction to establish a Council  RECOMMENDATION: Application.  Appoint a Council Subcommittee for the Sphere of Influence Amendment Taro Echiburu, Interim Planning Director, provided an overview of the staff report Council Member Hume was not in favor of creating a sub-committee for the Sphere of Influence (SOI) Application. He believed that this process was of high importance to the entire Council and the new format of the General Administration Information report from the City Manager provided the means to share information and regular updates to the Council and the public. He believed information sharing Council Member Cooper believed suD-committees were an effective means to expedite inter-agency communication, and stated that the City of Folsom had created a sub-committee for their SOI application and had encountered success in expediting processes with the Sacramento Local Agency Formation Commission. Lynn Wheat requested the SOI Application process be open for public participation. She noted her understanding that sub-committee meetings were not required to be open to the public under the Brown Act, and she requested the Council consider noticing such sub-committee meetings and opening them to public participation. Substitute Motion: M/S Hume/Scherman to appoint Council Member Cooper and Mayor Scherman to the Council Subcommittee for the Sphere of Influence  and recommendation.  was not well served through the sub-committee format.  PUBLIC COMMENT:  Elk Grove City Council Page 10of12  Regular Meeting, September 22, 2010    Amendment Application. The motion FAILED by the following vote: Ayes: 2; Motion: M/S Davis/Cooper to appoint Council Members Cooper and Davis to the Council Subcommittee for the Sphere of Influence Amendment Application. The motion passed by the following vote: Ayes: 3; Noes: 2 (Scherman, Hume). Vice Mayor Detrick stated that since Council Member Davis requested the item be placed on the agenda, he believed it was appropriate for Mr. Davis to serve on the Agenda Item No. 10.2: Consider appointment of five members to the Youth  Noes: 3 (Cooper, Davis, Detrick).  Subcommittee. Commission RECOMMENDATION:  Consider applications received and make appointments for five members of Jason Lindgren, Interim City Clerk, provided an overview of the staff report and  Districts 1 through 4 on the Youth Commission.  recommendation. PUBLIC COMMENT: None.  Council Member Hume requested future consideration of expanding the Youth Commission to 20 members, with 10 voting members and 10 alternates. Council Member Cooper announced his appointment of Salvador Rosas as a voting member and Chake'ra Bacon as an alternate member for District 1 on the Youth Council Member Hume announced his appointment of Ryan Stewart as a voting member and Mikaela Derose as an alternate member for District 2 on the Youth Vice Mayor Detrick announced his appointment of Nermeen Rehimtoola as a voting member and Nasayha Rehimtoola as an alternate member for District 3 on the Council Member Davis announced his appointment of Benjamin Arriaga as a voting member and Matthew Banicki as an alternate member for District 4 on the Youth  Commission.  Commission.  Youth Commission.  Commission.  Elk Grove City Council Page 11of12  Regular Meeting, September 22,2010    ADJOURNMENT  With no additional business to conduct, the September 22, 2010 City Council  meeting was adjourned at 8:17 p.m.  t JASON LINDGREN, INTERIM CITY CLERK    ATTEST:  hh h SOPHIA SCHÉRMAN, MAYOR  Elk Grove City Council Page 12of12  Regular Meeting, September 22,2010