CITY OF ELK GROVE Incorporated. July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, September 8, 2010  REGULAR MEETING  CALL TO ORDER/ROLL CALL  Mayor Scherman called the regular City Council meeting of September 8, 2010 to  order at 6:00 p.m. Present: Absent: Allegiance.  Mayor Scherman, Vice Mayor Detrick, Council Members Cooper,  Davis and Hume. None.  Director of Finance and Administrative Services Rebecca Carr led the Pledge of  Mayor Scherman asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Detrick/Scherman to move agenda items 10.3 (Review Sacramento County' Water Agency request for Economic Development Treatment Capacity Bank Sewer Credits) and 11 (Regular meeting of the Redevelopment Agency) to the regular meeting of September 22, 2010 and to approve the remainder of the agenda as presented. The motion passed by the following vote: Ayes: 5; Noes: 0.  CLOSED SESSION None.  PRESENTATIONSIANNOUNCEMENTS  4.1 Vice Mayor Detrick presented a Certificate of Achievement to the Elk Grove Cal Ripken Baseball 10 and under North All Stars for winning the 2010 Northern 4.2 Council Member Cooper presented a proclamation to Dallas Love of the Sacramento Chapter of the Daughters of the American Revolution (DAR) proclaiming September 17-23, ,2010 as Constitution Week in the City of Elk Grove Lynn Wheat shared the response she received from City staff requesting status updates on the Sphere of Influence Application and the Market Study.  California State Championship  PUBLIC COMMENT  Elk Grove City Councit Page1of17  Regular Meeting. September 8, 2010    GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the September 8, 2010 Administrative Report (filed), which included the status updates on the Sphere of Influence Application and  Market Study as shared by Ms. Wheat during public comment. COUNCIL COMMENISIFUTURE AGENDAITEMS  Council Member Cooper noted the Sacramento Regional County Sanitation Board of Directors meeting was cancelled. He requested formation of a Council subcommittee to discuss the Elk Grove Sphere of Influence Application with the  Sacramento Local Agency Formation Commission. Note: Council Member Cooper left at 6:19 p.m.  Council Member Hume reported the Sacramento Transportation Authority and Capital SouthEast Connector Joint Powers Authority (JPA) Board meetings were cancelled. In regards to the JPA, he noted a community meeting was scheduled for September 15 to discuss and compile alternatives to be considered under the Vice Mayor Detrick reported he and Council Member Hume attended the Winemakers' Dinner presented by the Sacramento County Farm Bureau. He reported the Sacramento Metropolitan Cable Television Commission Board meeting was canceled for this month. He attended the one year anniversary celebration and fundraiser event of The Commons at Elk Grove assisted living facility, proceeds of which benefitted the Senior Center. He attended, along with a majority of the Council, the Sacramento Metro Chamber Whistle Stop! fundraiser event at the Firehouse Restaurant in Sacramento. He noted hosting a water ski tournament, where a participant achieved a national record for landing a jump of a distance of 209 feet. Vice Mayor Detrick reported the Group Home Policy Ad Hoc Committee had met with California State Assembly Member Joan Buchanan, and a forum to be hosted by the Ad Hoc Committee was to be held on September 29 in the Council Chamber, which would include a panel of agency representatives to provide Council Member Davis reported on continuing work through the subcommittee to locate government offices in Elk Grove, including a conference call with the US General Services Administration. He recognized the arrival of Sytec Solutions Inc., ad data warehouse storage firm which decided to locate in Elk Grove, recollecting having met the business owners at a League of California Cities conference, and at that time had encouraged the firm to re-locate to Elk Grove. Mr. Davis attended the second annual Best of Elk Grove Event hosted by Elk Grove Monthly Magazine, and the proceeds for the event went to Elk Grove Sports Youth Foundation.  programmatic Environmental Impact Report.  background and answer questions from the community.  Elk Grove City Council Page2of17  Regular Meeting, September 8, 2010    Mayor Scherman noted the Sacramento Public Library Authority Board meeting was cancelled. She reported on the success of the "Fill the Bus" project, which collected donations from three locations throughout the City to benefit Elk Grove Food Bank Services. She hosted a business dinner meeting with Jack Williams, owner of Smog 'N Go. Mayor Scherman conducted the ribbon cutting to open a soccer tournament of international participants the past weekend, and noted a recent  arrival, announcing the birth of her great granddaughter.  CONSENT CALENDAR - ITEMS  Motion: M/S Davis/Detrick to pull item 8.12 for separate discussion and approve the remainder of the Consent Calendar as presented. The motion passed by the  following vote: Ayes: 4; Noes: 0; Absent 1 (Cooper).  Agenda Item No. 8.1:  Received Automatic Clearing House Nos. 1939 through  2123 dated August 1, 2010 through August 31, 2010, General Warrant Nos. 54542 through 54920, and Electronic Fund Transfer Nos. 2011021 through 2011038  Agenda Item No. 8.2: Minutes Agenda Item No. 8.3:  Approved August 25, 2010 Regular 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 September 1, 2010 Minutes  Agenda Item No. 8.4: Qualifications, and Bids Agenda Item No. 8.5: Reading)  Received report on Requests for Proposals, Ordinance No. 17-2010 adopted amending Elk Grove  Municipal Code Section 23.98.030 regarding the clear-vision triangle (Second  Agenda Item No. 8.6: Agenda Item No. 8.7: Reading)  Ordinance No. 18-2010 adopted amending Elk Grove Ordinance No. 19-2010 adopted adding Elk Grove  Municipal Code Chapter 12.12 regarding Obstruction of Corners (Second Reading) Municipal Code Chapter 9.31 titled medical marijuana dispensaries (Second  Agenda Item No. 8.8:  Ordinance No. 20-2010 adopted renumbering Elk  Grove Municipal Code Chapter 6.26 to Chapter 9.24 regarding distribution of tobacco products to minors and renumbering Chapter 6.30 to Chapter 9.28  regarding public consumption of marijuana (Second Reading)  Elk Grove City Council Page3of17  Regular Meeting. September 8, 2010    Agenda Item No. 8.9:  Resolution No. 2010-190 adopted authorizing the City  Manager to execute a construction contract with Valley Slurry Seal Company for the Harbour Point Drive Median / Rehabilitation Project in the amount of $297,369.80 and authorizing the City Engineer to approve change orders not to exceed $60,000 Agenda Item No. 8.10: Resolution No. 2010-191 adopted authorizing the City Manager to execute a construction contract with Pacific Underground Services for the Promenade Mall Detention Basin Flap Gate Installation Project in the amount of $20,420 and authorizing the City Engineer to approve change orders not to exceed Agenda Item No. 8.11: Resolution No. 2010-192 adopted approving the Fiscal Years 2009-10 and 2010-11 Transportation Development Act (TDA) Claim and authorizing the submission by the City Manager, or her designee, to the Sacramento Area Council of Governments (SACOG) for Local Transportation  $5,000  Funds (LTF) and State Transit Assistance (STA)funds  Note: Item 8.12 was discussed separately from the consent calendar.  Agenda Item No. 8.12: Adopt resolution waiving the competitive bidding process and authorizing the City Manager to execute a contract amendment with Granicus, Inc. for installation and support of a Council Chamber voting system in the amount of $50,215.20 [for a total compensation amount not to exceed $95,565.55 covering  at two year period] PUBLIC COMMENT:  Hugo Madrigal opposed expenditures for a touch screen voting system, believing the funds would be better spent on reducing the operational deficit of the transit Linda Beattie agreed with Mr. Madrigal, and compared the voting system as a "want", and not a "need" for City operations. She believed e-van services should be Steve Lee believed investment in the voting system was excessive in light of current economic conditions, agreeing that the funding would be better placed in funding transit needs. He posed that a more appropriate time to consider such a system would be when the City moves the Council Chamber to a new facility. Mr. Lee believed it was inappropriate to place an item of this nature on the Consent Jason Lindgren, Interim City Clerk, noted several green sheets opposing the system (filed) were received from the public and a staff memo (filed) was provided clarifying system costs and estimates of cost savings assumptions. The project for a voting system was initially discussed by staff during development of the Fiscal Year 2010-  system, and to minimize any proposed alterations to transit service.  prioritized to be fully funded.  Calendar.  Elk Grove City Council Regular Meeting, September 8,2 2010 Page 40 of1 17    11 Budget with the purpose of streamlining overall operations in the Office of the City Clerk. Mr. Lindgren clarified that Granicus, Inc., a San Francisco based company, was the current City contractor providing for the City's web streaming broadcasts, and that the total sum noted in the item included two years of service for web streaming services previously approved and contracted for with Granicus, Inc. He noted that the proposed system handled voting, but also included a comprehensive meeting and document management system, providing the means tor reduce hard copy print costs and expedite processing time for staff in preparing for meetings, and the post-production of documents for processing after a meeting. He noted, in relation to document management, the system provided the means to increase accessibility to meeting documents on the City website, providing an expedited means to post information on the City website, and the ability to consolidate related documents under a central document archive for enhanced search capability. For meeting management, the system provided a public display to clarify and broadcast the progress of the agenda and actions of the Council, and housed the capability to propagate meeting documentation to facilitate processing In reply to Council Member Davis, Mr. Lindgren noted the system set-up did not require restructuring of the Chamber, was transferrable if moved to another location, and could accommodate expanding additional stations if the number of representative seats increased. Mr. Lindgren clarified that the cost savings identified by staff would assume that a majority of the members would no longer require a print binder, which would eliminate the need for a dedicated copier in the Office of the City Clerk, and realize hard cost savings. Other savings identified were opportunity costs realized through reduced staff time for processing hard copy Inr reply to Council Member Hume, Mr. Lindgren stated that currently three of four positions are filled in the Office of the City Clerk, with one position remaining unfilled to date. Further evaluation would need to be done to determine if the process changes proposed utilizing the meeting and document management system would yield enough time savings to keep staffing at three members in the Office of the City Clerk, in addition to evaluating future work load in the office. Council Member Hume recalled conversations to transition to action minutes, versus the current system of drafting summary style minutes, which could also result in additional time Council Member Hume believed an item of this nature would be better presented as a regular action item, and not as a consent item; as the item was not time sensitive he wanted to see it returned with additional information describing the interface and use of the program by other agencies. He agreed with Vice Mayor Detrick that through the process of requesting additional information, issues or questions surrounding this item were clarified. Mr. Hume believed that public comment and recent media accounts surrounding this item led to prejudgment of intentions and  of meeting paperwork.  documents.  and cost savings for the department.  Elk Grove City Council Page 50f17  Regular Meeting, September 8, 2010    the level of involvement of the Council, without first requesting information, and led  toi inaccuracies in the accusations leveled.  Motion: M/S Hume/Davis to continue item 8.12 to a date uncertain.  City Manager Laura Gill suggested considering the item after the mid-year budget Council Member Davis believed the item should be considered with the Fiscal Year 2011-12 Budget, that the City should prioritize alternative, and more beneficial, investment opportunities in the current fiscal year. Mr. Davis supported use of technology to improve accessibility to government, but did not believe this investment at this time would yield sufficient cost savings to prioritize it over other Substitute Motion: M/S Hume/Detrick to move consideration of item 8.12 after the mid-year budget review. The motion passed by the following vote: Ayes: 3;  review.  investment opportunities.  Noes: 1 (Davis); Absent 1 (Cooper). Note: Vice Mayor Detrick left at 7:00 p.m.  PUBLIC HEARINGS Agenda Item No. 9.1: RECOMMENDATION  A public hearing to consider approval of the 2009-10  Consolidated Annual Performance and Evaluation Report (CAPER)  Adopt resolution to approve the Fiscal Year 2009-10 Consolidated Annual  Performance and Evaluation Report (CAPER). The verbal staff report was waived.  Mayor Scherman declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Scherman declared the public hearing closed.  Motion: M/S Davis/Hume to adopt Resolution No. 2010-193 approving the Fiscal Year 2009-10 Consolidated Annual Performance and Evaluation Report (CAPER). The motion passed by the following vote: Ayes: 3; Noes: 0; Absent 2 (Detrick,  Cooper).  Note: Vice Mayor Detrick returned at 7:03 p.m.  Elk Grove City Council Page 6of17  Regular Meeting, September 8, 2010    REGULAR AGENDA! ACTIONITEMSIRECOMMENDATIONS  Agenda Item No. 10.1: Consider resolution for service adjustments to regional e-van services effective November 1, 2010 and limiting regional e-van services to  Elk Grove residents effective September 1,2 2010  RECOMMENDATION: effective October 1, 2010.  Adopt resolution for service adjustments to regional e-van services effective November 1, 2010 and limiting regional e-van services to Elk Grove residents With the aid of an overhead presentation (filed), Tiffani Fink, Transit System Manager, provided an overview of the staff report and recommendation. The adopted transit budget for fiscal year 2010-11 forecasted a $375,000 deficit, primarily as a result of reduced sales tax funding. Americans with Disabilities Act (ADA) services the City provided above and beyond what were legally required were under consideration in the discussion of service adjustments to reduce the deficit. Sacramento Regional Transit (RT) had been reducing ADA services due to budget constraints, and the City had experienced an increase in demand for service from Sacramento County ridership. Staff expected such additional demand would continue to increase, further impacting the operating deficit. Ms. Fink presented four scenarios for consideration to reduce the operating deficit: 1) maintain the status quo resulting in an increased deficit as rides increase absorbing additional Sacramento County residents, 2) limit existing service to Elk Grove residents and restrict regional service, which would prevent the shift of service currently coming from RT riders, and would hold the deficit to the projected $375,000, 3) limit regional service to Elk Grove residents and for medical related trips only which would produce a projected savings of $750,000, and 4) limit regional service to Elk Grove residents for medical related trips only and restore limited weekend e-van service and extend service for Route 162 to 9:00 p.m. (which previously ended at 6:00 p.m.) Ms. Fink reviewed current use of the system and stated that approximately 62% of system passengers were ADA unconditional, meaning those passengers cannot use the fixed route for their trip, 19% were ADA conditional, meaning those passengers may require paratransit (due to travel conditions or health condition of passenger), and 19% of system passengers were seniors or non-ADA, who currently do not receive regional services. Local City service includes senior service which is in excess of ADA, and trips are allowed anywhere within the City limits (not limited to the 34 mile boundary minimum requirement from fixed route service). Regionally, the City provides ADA certified passenger service anywhere in Sacramento County as long as the trip starts or stops within the City limits. Other agencies either offer medical only regional service, or no service outside of their  which would balance the deficit.  Elk Grove City Council Page7of17  Regular Meeting. September 8, 2010    respective jurisdictions. Ms. Fink reviewed a map displaying drop-off locations outside of the City limits for the past year (excluding commuter routes). Outreach on regional service changes included four public meetings and a survey which received 61 responses (provided as a green sheet memo, filed). From outreach efforts, the most important destination identified was to reach employment centers. Ms. Fink noted that in reducing regional service, funding would be available to reinstate weekend service. Limiting regional trips would place emphasis for staff on ensuring connections between system transfers, and the medical only regional trip allowance was considered based on the fact that those with medical issues would have increased difficulty in making transfers. Inr reply to Council Member Hume, Ms. Fink stated that a challenge in coordinating regional trip riders in one vehicle, headed for similar destinations, were the distances involved in covering regional service. Because a regional trip could take as service call far out of the City's jurisdiction, it was difficult to coordinate a return trip for an Elk Grove rider, resulting in numerous empty returns, expanding the  average time a vehicle was in use to handle a single ride request.  PUBLIC COMMENT:  Charles Shanks stated the importance of e-van service to him as a visually impaired rider, noting he utilized the system from two to five days a week, two to four rides a day. Mr. Shanks inquired if private donations could be made to the e-van system. City Attorney Susan Cochran stated donations could be accepted by the City, and whoever the donor was could place limitations on how the donations were spent. Hugo Madrigal requested weekend and extended evening services for e-van be reinstated. He noted he currently was not able to shop on weekends or holidays in Elk Grove without e-van service. Mr. Madrigal stated the drop off point for Cosumnes River College was at an isolated location removed from other transit services, amenities such as rest rooms, provided no protection from inclement weather, and raised personal safety issues. He offered that the Target store in the vicinity be used as a transfer point. He believed e-van should coordinate the transfer of riders between systems, and should ensure a return ride was accounted for. He shared his experience of using transit in Orange County, and requested the City explore investment in systems that track rider requests and destinations in order to assist riders with destination information and remove procedural requirements of staff requiring street addresses from riders. Mr. Madrigal described the experience of having a ride request denied and rescheduled to a later time due Ted Clark supported reinstating weekend service and asked regional rides be studied to consider including routes to places of employment or education. He noted that requiring transfers between systems would amplify delays inherent in  toe e-van services having already been booked by other riders.  Elk Grove City Council Page 8of17  Regular Meeting, September 8, 2010    utilizing multiple transit systems. Mr. Clark inquired if options were considered to increase fares, and if standing rides that were maintained through the City would then require riders to have to coordinate on a daily basis with Paratransit for the connecting ride (or if that would be handled by the City). He noted that moving to transfers would require riders to purchase transit passes from all systems needed to make connections. He did not believe surveys offered online were effective as he believed many of the e-van ridership was on fixed income and could not afford computer access. Mr. Clark noted that for many medical trips the result is often one passenger per trip as it is difficult to group riders with a medically purposed trip. Christine Luman advocated for keeping regional rides to Sacramento. She provided examples of the amplified delays in coordinating trips through multiple transit service agencies that utilize "window" scheduling. Ms. Luman described an instance where she was not permitted to book a ride as a medical designation because she was including time for lunch and visiting with friends around the appointment. She had been informed, because she was including the additional Gavonna Payne raised the following concerns: 1) she questioned the validity of the survey as she believed there were more than 61 riders on e-tran, 2) she noted a trip to Sacramento was currently a three hour journey and transfers would add additional time, and she was concerned for safety reasons where transfers would be conducted, 3) she stated she lost weekend service entirely as the taxi scrip program did not provide wheelchair accessible vehicles, and 4) she felt e-van drivers displayed inconsistency in their training and comfort level in securing wheelchair bound riders, which gave her reason to be wary of fixed route service and the ability of drivers of those vehicles to secure passengers. Ms. Payne Connie Conley believed City funds should be used for special needs residents, not a voting system as discussed earlier. She addressed earlier comments made by Council Member Hume regarding media and believed an active citizenry, and investigative journalism, keeps government transparent and accountable. Ms. Conley shared her personal experience of coping with an injury and the challenge to not use a car, and she asked Council Members to conduct a ride along Inr reply to Council Member Davis, Ms. Fink clarified, that in scheduling requested rides, ADA required application of a ready time and priority order on rides. For any request a ready time had to be legally offered one hour before or one hour after the requested time. A window of time was also accounted for on either side of a scheduled ride to account for trip variances, such as multiple boardings under a shared ride system, and timeframes were provided with a goal to build a ready window time into how the reservation was scheduled, including accounting for the ready window time of other transit agencies. Ms. Fink stated the commitment of the  time, that she was "gaming" the system, to which she took offence.  requested continuing regional service to Sacramento.  on e-van to experience the services provided.  Elk Grove City Council Page 9of17  Regular Meeting, September 8, 2010    program was to not just drop off a rider at a transfer point, but that drivers would wait until the transfer was complete, and if the transfer didn't occur e-van would remain with the rider and continue to coordinate until a ride connection was made. Council Member Davis questioned feasibility of implementing a transfer program between different agencies, but if the program did move forward, he requested a process be provided for individuals to file for economic hardship exceptions when Council Member Hume inquired if current standing order, regional or medical trip riders could be contacted to couple riders together, find efficiencies, and offer select In reply to Vice Mayor Detrick, Ms. Fink confirmed all fixed route vehicles were low floor with ramps, had at least two wheelchair tie downs on each route, and drivers were trained on how to properly secure passengers. She noted wheelchair usage was lower on fixed routes, mainly because current e-van service offered regional service door to door. Ms. Fink noted staff was exploring providing mobility training for riders, utilizing police department volunteers to ride with and assist passengers  the system did not meet individual rider needs.  clustered, rides.  int becoming comfortable utilizing fixed route services.  Note: Council Member Cooper returned to the meeting at 8:36 p.m.  Council Member Cooper noted he would abstain from voting as he was absent Motion: M/S Hume/Detrick to adopt Resolution No. 2010-194 approving service adjustments to regional e-van services for medical related trips only, restoring limited weekend e-van service in Elk Grove, and extending service to Route 162 effective November 1, 2010, and limiting regional e-van services to Elk Grove residents only effective October 1, 2010. The motion passed by the following Council requested staff return with a proposal to offer a "cluster ride" pilot program prior to the regional service adjustments effective November 1, 2010. Agenda Item No. 10.2: Consider a Resolution Authorizing the City Manager to Execute an Economic Incentive Loan Agreement with OfficeBay  during presentation and deliberation of the item.  vote: Ayes: 4; Noes: 0; Abstain: 1 (Cooper).  RECOMMENDATION:  Review an Economic Incentive Loan request from OfficeBay Elk Grove for a proposed small business campus project and, if appropriate, adopt resolution  authorizing the City Manager to execute a Loan Agreement.  Elk Grove City Council Page 10of17  Regular Meeting, September 8,2010    Heather Ross, Economic Development Coordinator, provided an overview of the Vice Mayor Detrick inquired what the outstanding loan obligations were on the Case Lawrence, Chief Executive Officer of CargoBay and project applicant, replied af first mortgage was currently at the amount of $3.1 million, that there was no second mortgage, and the estimated value of the property was $4.3 million.  staff report and recommendation. property, and the appraised value.  PUBLIC COMMENT:  Steve Czarecki, Elk Grove Economic Development Corporation (EGEDC) Executive Director, stated the EGEDC had sought to establish a small business incubator in Elk Grove and had reached out to OfficeBay. He stated he was currently working with several international companies wanting to locate in Northern California, and was in discussion with the Elk Grove Technology Discussion Group, an informal group of home-based businesses, that would have an opportunity to benefit from the amenities of the proposed facility. Mr. Czarnecki believed the project had the potential to bring at least 100 jobs to the community, and the project created networking opportunities with its close proximity to the EGEDC and Mr. Lawrence provided an overview of the nature of the facility, and the benefits of a small business incubator for economic growth. He clarified the nature of the request was structured similar to a real estate loan and secured by the building and Council Member Hume voiced his appreciation, with the four year amoritization structure, that by September of next year $47,500 would start to come back to replenish the economic development incentive fund which could further be invested Vice Mayor Detrick suggested the City consider attaining an opinion of value to verify valuation assumptions. He noted an opinion of value, as opposed to appraisal, would save the applicant a considerable amount of time and expense. Mr. Lawrence stated he could consider conducting an appraisal, but had concerns regarding the project timeline and would prefer a third party broker opinion. Mr. Lawrence stated the principals in the company would personally guaranty the Motion: M/S Detrick/Scherman to adopt Resolution No. 2010-195 authorizing the City Manager to execute an Economic Incentive Loan Agreement with OfficeBay Elk Grove for a proposed small business campus project as amended to include the personal guaranty offered by the applicant and inclusion of at least two broker  Chamber of Commerce.  the equipment installed in the facility.  ina additional economic development opportunities.  loan as well.  Elk Grove City Council Page 11of17  Regular Meeting. September 8, 2010    appraisals to assess the value of the building. The motion passed by the Note: As discussed under Approval of the Agenda, Item 10.3 was continued to the Agendalem.Ne-403- Rewew-Sacramento-Coumy-WalerAgeeney-requestfor Agenda Item No. 10.4: Options for future processing of Letters of Public  following vote: Ayes: 5; Noes: 0. regular meeting of September 22, 2010.  Economic DevelepmentTreatmeaimen:Capaetysank-SewerCredis  Convenience and Necessity RECOMMENDATION: following options:  Provide direction on City policy for reviewing and approving Letters of Public Convenience and Necessity (PCN) for proposed alcohol sales and consider the 2) Revise the process to grant the Planning Commission the authority to review 3) Revise the process to grant the Chief of Police the authority to review and 4) In conjunction with options 1,2, or 3, revise Title 23 to require a Conditional Use Permit for all retail alcoholic beverage sales in all zoning districts and/or With the aid of an overhead presentation (filed), Eric Norris, current Planning Manager, provided an overview of the staff report and recommendation. Mr. Norris clarified staff sought direction on the desired authority level of review of the PCN letter process, and feedback on requiring a Conditional Use Permit (CUP) for all retail alcoholic beverage sales as a mechanism to add conditions, by the City, to the California Department of Alcoholic Beverage Control (ABC) issued PCN letters.  1) Leave the process unchanged; and/or and approve PCN letters; and/or approve PCN letters; and/or  implement new standards for the issuance of PCN letters.  PUBLIC COMMENT: None.  In reply to Council Member Hume, Interim Planning Director Taro Echiburu stated the basis for requiring a CUP for alcohol sales only in Limited Commercial zoning designations back in 2006 was based on the analysis of existing Limited Council Member Davis believed a CUP for all alcohol sales gave the Council the ability to address each use on a case by case basis, and provided the means to generate discussion on a proposed use with the surrounding community.  Commercial zone locations relative to residential land uses.  Elk Grove City Council Page 12of17  Regular Meeting, Seplember 8, 2010    Mayor Scherman agreed with Mr. Davis and believed a CUP for all alcohol sales would ensure proposed future uses were appropriate in respective neighborhoods. Mr. Norris clarified that moving to a CUP requirement would only be for new applications, and would not affect existing entitlements under the current code. Police Chief Robert Lehner observed that ABC definitions were based purely on numbers and did not address intended use of a particular license, such a process limited consideration for areas such as restaurant rows or similar economic centers where numbers would be expected to be higher. The proposed use of a CUP for all alcohol sales would allow consideration of land use in relation to a neighborhood and provide the means for the City to put conditions on an application. The addition of conditions would improve the City's ability to deal with law enforcement issues. Council Member Cooper did not believe a significant amount of enforcement problems existed with current alcohol sales in Elk Grove. Regarding issues that arose in recent PCN letter reviews, Mr. Cooper believed neighbors' concerns were not over not alcohol sales, but other problems around stores' locations. Mr. Cooper questioned whether the requirement of a CUP on all alcohol sales was appropriate, as such regulation in the application process would be to the detriment of Council Member Hume agreed with Mr. Cooper that a CUP application process had costs in the form of fees, and the time to process the application. Mr. Hume requested staff explore categorizing projects for different levels of review based on the types of alcohol licenses requested and the intended method of sales and use on the premises, such as differentiating between a liquor store and an eatery. He did not believe that a broad-based zoning regulation would be the necessary filter to Mr. Norris noted staff would examine the different kinds of alcohol sales and project land uses to see if categorization would lend to differentiating tiers of review for what would require a CUP and what could be considered under an administrative review process. He noted further discussion of the PCN process would retum for By consensus, the Council requested CUP required projects come before the Council, and that if an administrative review level was identified, to bring back consideration for having such administrative review conducted by the Police Chief Agenda Item No. 10.5: Provide direction to staff regarding possible amendments to Section 23.14.040 regarding Public Notices of the Elk Grove  businesses owners.  ease the PCN letter review process.  review by the Planning Commission.  and/or Planning Commission.  Municipal Code RECOMMENDATION:  Receive the staff report and provide direction to staff as desired.  Elk Grove City Council Page 130f17  Regular Meeting. September 8, 2010    The verbal staff report was waived. PUBLIC COMMENT:  Steve Lee voiced his appreciation for the prompt placement of discussion of public notice requirements after public comment he provided requesting discussion of Inr reply to Council Member Hume, Interim Planning Director Taro Echiburu noted that a threshold for project application noticing on-site, less ambiguous than that presented under Elk Grove Municipal Code subsection 23.14.040(B)(8): Any other entitlement application as deemed necessary and appropriate by the Planning Director, Planning Commission, or City Council, would be if a project application required City funds, and to consider only including the Planning Director for making a decision under the section, as many project applications would be too far into processing and review for on-site noticing to be effective by the time an application Mr. Echiburu noted that the recent project application which triggered the current examination of on-site noticing was a "by right" project based on the General Plan designation which allowed office, commercial, and multi-family uses, and would only City Attorney Susan Cochran stated that removal of Elk Grove Municipal Code subsection 23.14.040(B)8) would reduce instances of post-hoc challenges for noticing ministerial actions, which were the basis of two current lawsuits facing the By Council consensus, direction was given to staff to include on-site noticing for: 1)project applications that utilize City funds, and 2) multi-family project applications. Council concurred with the staff report recommendation to remove Elk Grove Agenda Item No. 10.6: Introduce ordinance amending Elk Grove Municipal Code Chapter 9.20, "Sex Offenders' Proximity to Children's Facilities"  public noticing a few weeks prior  came before the Planning Commission or City Council.  have required administrative design review.  City.  Municipal Code subsection 23.14.040(B)8) in its entirety.  RECOMMENDATION: Children's Facilities. recommendation.  Introduce and waive the full reading, by substitution of title only, an Ordinance amending Elk Grove Municipal Code Chapter 9.20 titled Sex Offenders' Proximity to Susan Cochran, City Attorney, provided an overview of the staff report and  Elk Grove City Council Page 14of17  Regular Meeting, September 8, 2010    PUBLIC COMMENT:  Steve Lee supported the recommended action, and along with the planned upcoming public forum he believed the City was responding to this issue and headed in the right direction. Mr. Lee thanked the citizens who came forward to suggest the ordinance, and staff for presenting and finalizing the item for consideration. Mr. Lee believed something more effective was needed to deal with all offenders, and issues surrounding juveniles had yet to be addressed. He believed state agencies that licensed and provided oversight of group homes Carrie Wilmot thanked the Council and staff for rapidly responding to the situation, and bringing some relief to the issues surrounding group home facilities. She noted she would continue to seek change in laws addressing group homes and sex Motion: M/S Detrick/Cooper to introduce and waive the full reading, by substitution of title only, Ordinance No. 21-2010 amending Elk Grove Municipal Code Chapter 9.20 titled Sex Offenders' Proximity to Children's Facilities. The Vice Mayor Detrick noted a forum would be held Wednesday, September 29, 2010 at 6:00 p.m. in the Council Chamber to bring together a panel of specialists from various govemnment agencies to address issues surrounding group homes in Police Chief Robert Lehner noted the process was poised at a critically important transition point, from those issues that the City had more control over, like the ability toa amend City ordinances, and now shifting to those issues that now need policy change on a broader level that involve other agencies, including the state. Agenda Item No. 10.7: Adopt resolution approving the "City of Elk Grove City  needed to provide increased access to information to communities.  offenders with the state.  motion passed by the following vote: Ayes: 5; Noes: 0.  California.  Council Norms and Procedures Manual"  RECOMMENDATION: Procedures Manual".  Adopt resolution adopting the "City of Elk Grove City Council Norms and Susan Cochran, City Attorney, provided an overview of the staff report and recommendation. The document was displayed as it was last discussed with proposed changes shown in "red line," including the recent addition relating to confirming the availability of Council Members before calling a special meeting, and reorganization of the City Council which is covered in two places: under the roles of the City Council it states a Mayor and Vice Mayor will be selected annually, and later in the document, it talks about the fact that those changes will take effect at the  first meeting in December.  Elk Grove City Council Page 15of17  Regular Meeting, September 8, 2010    PUBLIC COMMENT: None.  Mayor Scherman inquired regarding the timing of reorganization, noting she had made commitments through December 28 as the mayor to conduct presentations. Under the proposed reorganization the mayor would step away that night, but in the past she recollected mayoral service was carried out through the end of the year to December 31. Ms. Scherman stated she had committed to two events, and requested if the Council would allow her to attend those functions as Mayor. Council Member Davis stated that if the presentations were already confirmed, she City Attorney Cochran noted the norms and procedures were silent in regards to any automatic succession from Vice Mayor to Mayor, and such a provision would Mayor Scherman supported the manual as presented but believed the language in the manual was ambiguous in addressing issues of the timing of placing new officers after reorganization, was silent regarding the succession of the Vice Mayor to Mayor, and did not address a past Council preference to discourage appointment of Mayor and Vice Mayor to individual members who would be running for office in the upcoming election year. She believed these issues would require a vote for determination at the time they came before the Council for consideration. City Attorney Cochran noted that if the ballot initiative Measure K passed, then the directly elected mayor would assume office upon certification of election results at the first meeting in December. The design of the norms and procedures manual was intended to preside for another two years before the directly elected mayor may Motion: M/S Scherman/Cooper to adopt Resolution No. 2010-196 adopting the "City of Elk Grove City Council Norms and Procedures Manual". The motion Agenda Item No. 10.8: Consider appointment of two members to the Historic  should proceed to conduct the presentations as mayor.  need to be added if desired.  come on board.  passed by the following vote: Ayes: 5; Noes: 0.  Preservation Committee RECOMMENDATION: Preservation Committee. recommendation.  Appoint the Old Town Elk Grove Foundation recommended applicant as the representative member, and appoint one regular, at-large member to the Historic Jason Lindgren, Interim City Clerk, provided an overview of the staff report and  Elk Grove City Council Page 160f17  Regular Meeting, September 8, 2010    PUBLIC COMMENT: None.  Mr. Lindgren clarified that all Historic Preservation Committee (HPC) members are required to be residents and registered voters of the City of Elk Grove. For the action requested tonight, only one seat was required to be appointed to be in compliance with the regulation that vacancies be filled within 60 days, and that appointment was not restricted regarding the member designation. If the Council desired, it could delay the second appointment and open the recruitment with a target to make the appointment by October 27. Mr. Lindgren responded to Council Member Hume that only one of two professional designations was met amongst the current HPC membership, and none of the current applicant pool met the HPC Motion: M/S Hume/Detrick to adopt Resolution No. 2010-197 appointing Howard Sihner as the Old Town Elk Grove Foundation representative member to the Historic Preservation Committee, and to continue to hold open the application opportunity for the remaining member vacancy to the regular meeting of October 27,2010. The motion passed by the following vote: Ayes: 5; Noes: 0. Note: As discussed under Approval of the Agenda, the Redevelopment Agency Regular meeting was continued to the regular meeting of September 22, 2010. CONVENE-REDEVELOPMENTAGENCHREGULARMEETING REDEVELOPMENTAGENCYCONSENTÇALENDARITEMS  defined professional designation.  Al-Approve-January-13-2910ReseyelopmentAgeR6ySPec.a-Meeting-Minutes By-AdeptresolsionautamgtoEheaMeDApaoriDesowscentractwih Impact-Seienses, ine-fer-RedevelopmeRt-Enwommenenlal-Senives-in-an  aPOUREROH0-exc096-5288,255  ADJOURNMENT  With no additional business to conduct, the September 8, 2010 City Council  meeting was adjourned at 9:46 p.m.  R JASON LINDGREN. INTERIM CITY CLERK  A  ATTEST:  SOPHIA SCHERMAN, MAYOR h  Elk Grove City Council Page 17of17  Regular Meeting, September 8, 2010