CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, July 28, 2010  CALL TO ORDER/ROLL CALL  Mayor Scherman called the regular City Council meeting of July 28, 2010 to order  at 6:08 p.m. Present: Absent:  Mayor Scherman, Vice Mayor Detrick, Council Members Cooper,  Davis and Hume. None.  Mayor Scherman led the Pledge of Allegiance.  Mayor Scherman asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Cooper/Detrick to approve the agenda as presented. The motion  passed by the following vote: Ayes: 5; Noes: 0.  CLOSED SESSION None.  PRESENTATIONSIANNS/ANNOUNCEMENTS  4.1 Transit System Manager Tiffani Fink announced the winners of the May is Bike Month program: Wayne Riley, Allan Jackson, Rose Weckenmann,  Todd Stone, and Aaron Lombardi.  4.2 Council Member Cooper presented a Certificate of Achievement to Ally Carda for her participation in the 2010-11 USA Softball Junior Women's  National Team  4.3 The Council recognized Youth Commissioners Rebecca Shimizu, Amanda Cosenza, Caroline Huang, Mariah Houston and Kendall Connolly for their  commitment and contributions on the Youth Commission  PUBLIC COMMENT  Claude Boone, resident on Mackie Road, reported of accumulated trash and possible code violations at the residence at 8621 Mackie Road. Mr. Boone  Elk Grove City Council Regular Meeting, July 28,2010 Page1of23    displayed photos (filed) of conditions at the site, including piles of construction debris and Styrofoam, discarded containers of thinner and chemicals, burning of trash on the property, and employee vehicles of the business parked in the public right of way. Mr. Boone stated he had met with City Animal Services and Code Enforcement staff over the past year and a half, but conditions at the site have not improved. He noted several animals are kept in questionable conditions on the premises, and parties held at the residence have, on at least two occasions, warranted calls to the police to break up the activities. Mr. Boone requested the Jeffrey Voss, representing Voss Engineers in Elk Grove, read a statement (filed) disagreeing with the Request for Proposals (RFP) that a single prime consultant should provide for all Public Works services. Mr. Voss noted the following points: the model would place companies within the city limits at a disadvantage to do any work for the City, the model threatens opportunity and healthy competition, the City would be beholden to a single provider, if a provider changes ownership or leaves, the City would lose the engineering experience of the provider's staff, and once started, such a contract is difficult and inconvenient to end since numerous projects are continually in process. Mr. Voss requested reconsideration of the RFP model, and to seek the means to achieve use of local, well-qualified civil engineering firms Jake Rambo stated his belief that the endorsement by some Council Members of a recent ordinance proposed by citizens was inappropriate, and such law should be vetted through the appropriate process to refine a product for Council deliberation. He commended Mayor Scherman as a leader for calling the July 21 special meeting, questioned the justification of some members why they could not attend, and believed that the special meeting was a benefit to the community. Mr. Rambo believed the non-attendance at the July 21 special meeting, and the issue to discuss the appointment of the mayor tonight, were personal issues. He did not agree that the issue to discuss appointment of the mayor should be delayed. Paivi Lane, Program Director with Child Development Incorporated, spoke on behalf of the organization's Stone Lake Development Center in Elk Grove. She described the agency worked with school age and preschool children, and infants, and places emphasis on collaboration with the community, innovative art programs, and Erin Ellsworth, site supervisor at the Stone Lake Development Center, described leadership and community service projects children participate in, including a canned food and donations collection program, and noted the emphasis of programs to teach children about reaching out to their community and being  City to address conditions and activities at the site.  to conduct at least 20% of the work for City public works projects.  leadership.  involved.  Elk Grove City Council Regular Meeting, July 28,2 2010 Page2of23    Paul Lindsay expressed dismay that the special meeting scheduled to commence at 6p.m. to discuss the appointment of the mayor was motioned to be heard later in Lakhvinder Singh, business owner and resident of Elk Grove, believed Sophia Scherman was an exemplary, experienced mayor. Mr. Singh stated he represented 5,000 voting members of community who supported Mayor Scherman and the Gillian Hames, resident of Elk Grove and friend of Mayor Scherman, spoke in Art Dosanth, resident of Elk Grove, spoke in support of Mayor Scherman. He noted that disputes amongst the Council lead to disputes amongst the community, and Frank Maita asked the Council to put aside their differences and focus on City business and the issues related to Cheer Court. He was disappointed the special meeting scheduled this evening was moved and believed such an action was disrespectful to the community. Mr. Maita encouraged citizens in attendance for the special meeting to speak now during public comment of the regular meeting. Joe Daehling requested a motion by Council to convene the regular meeting, and Trena Burt spoke in support of Mayor Scherman. She disagreed with the notion of reappointing the position of mayor, and that initiating such an action was disrespectful. Ms. Burt believed the actions of the Council were an embarrassment tot the City, and requested the Council focus on the business of the City and not Tom Waltman asked the Council to stop pursing what he believed were personal Linda Beattie requested that the Oath of Office, taken by all Council Members upon assuming office, be read formally into the minutes. She noted the oath was a promise to work on behalf of and represent the citizenry, and asked members to Veronica Landin-Ortiz, resident of Elk Grove, spoke in support of Mayor Scherman, and asked the Council to reconsider any action regarding reappointment of the Mimi DeVille did not support reappointment of the mayor. She wanted the Council to work towards solutions to address issues facing residents of Cheer Court, and  the evening.  Council, and asked the Council to support Mayor Scherman.  support of Mayor Scherman.  requested the Council set aside the matter and work together.  open the special meeting as the next item for consideration.  personal issues.  issues and return to handling the business of the City.  reflect and reaffirm their allegiance under the Oath of Office.  mayor.  Elk Grove City Council Regular Meeting. July 28,2010 Page3of23    believed that personal politics were getting in the way of making progress towards Motion: M/S Hume/Scherman to hold a special meeting at a future date to address the issues at Cheer Court and City policy regarding residential sex offender group homes, to convene the regular meeting, and reconvene the special meeting Council Member Cooper believed the Cheer Court issues should be heard this evening, and other regular agenda items that were not time sensitive could be Substitute Motion: M/S Cooper/Davis to hear item 10.1 as the next item for consideration on the regular agenda. The motion passed by the following vote: Agenda Item No. 10.1: Discussion / Direction to establish a Council ad hoc  such work.  toh hear the item on discussing the role of mayor.  continued as needed.  Ayes: 3; Noes: 2 (Scherman, Hume).  Committee to Study Group Home Regulatory Options  RECOMMENDATION: in the City.  Consider forming an ad hoc Committee for the purpose of examining local regulatory options with respect to State of California licensed group homes located Robert Lehner, Police Chief, provided an overview of the staff report and recommendation. Chief Lehner explained that the nature of this complex social issue requires planning for activity at different levels and on different timeframes: immediate policing actions in the community, mid-range policy opportunities at the local level, and long term policy challenges at the state level. With respect to immediate action, a City Problem Oriented Policing Unit, lead by Officer Bryan George, had been assigned lead on the local effort, and to date have made contacts and are scheduling a meeting specifically for the purpose of reducing the fear in the neighborhood of Cheer Court, and to reduce concerns of re-victimization. The City was examining larger legal issues, particularly what can be done to improve regulation of sex offender registration, locations, and behaviors in the City. Current regulations provided requirements for registered sex offenders, and several proposals had been examined, including the example that was brought forward that was from San Diego. Staff suggested using examples from across the state, particularly those that have already survived some form of legal challenge, and compare those with current City ordinances, to bring forward the most stringent sex offender regulation ordinances the City could possibly have. The last category to address state level policies would likely be best addressed by a subcommittee to readily coordinate with staff and elected officials at varying levels of government. Chief Lehner stated that the majority of issues surrounding the instance of the Cheer Court facility involved a significant gap in state law and regulation regarding  Elk Grove City Council Regular Meeting, July 28,2010 Page 4of23    juveniles, as registration of sex offenders applied mainly to adults. He provided an overview of significant differences in how the law treats adult and juvenile sex offenders, detailing differences in registration and notification requirements, what acts qualify an adult or juvenile for registration, and how the process of convicting individuals for a crime could lead to altemative sentencing or plea bargaining which can lead to individuals avoiding sex offender registration requirements. Chief Lehner noted an action the community could take was to get together and define what would be better registration requirements, and to present those requirements  to state representatives. PUBLIC COMMENT:  Dallas Broussard thanked the Council and community for the response to the issues with the Cheer Court facility, and believed the meetings held to date had been productive and informative. He appreciated the presence and active role of the police in the neighborhood, and thanked the media for bringing awareness of the issues. He noted the community is seeking an independent agency, in concert with local leaders and police, to investigate not only group homes but those who license them. Mr. Broussard believed these facilities were mismanaged, a waste of taxpayer dollars, had limited supervision, and provided limited to negligible Carrie Wilmot stated a Sacramento County probation officer clarified a statement of the state licensing agency that all people in sexual offender group homes were on probation. The officer stated that the County would only have on file probationers in group homes that were from Sacramento County, but group home residents could transfer from another county, and Sacramento probation officers would not know of these transfers. She believed an additional problem to be solved was disclosure to local agencies information on residents who are transferred into Sacramento County. Ms. Wilmot requested that if a committee was formed to include staffing to conduct research, and offered her service to conduct research and outreach, Jake Rambo stated a multifaceted approach ranging from local to state levels was required to initiate change regarding sex offender laws, and would likely take several years. He believed a long term dismantling of the juvenile justice system had occurred over the years, and the law had not been adequately updated to address current issues of juvenile justice. Mr. Rambo shared his personal experiences including lobbying for change regarding sex offender law and enforcing laws related to treatment facilities. He believed there was an increase in child pornography globally, and expressed his commitment to work with agencies to create the legal and enforcement network to address child pornography and sex Paul Lindsay highlighted an idea from the July 21 special meeting to open a dialogue with the State Department of Social Services to deputize local law  treatment.  including coordinating rallies at the state capitol.  offender issues.  Elk Grove City Council Regular Meeting, July 28,2010 Page 5of23    enforcement officers to conduct facility inspections for compliance with state law requirements for treatment facilities. He cautioned to proceed with a plan of action that would reduce exposure to legal challenge and lawsuits. Mr. Lindsay asked the community to take its time in initiating change to ensure it is the most effective approach, and he advocated enforcing all current laws to their fullest extent, policing Linda Beattie, resident in the vicinity of Cheer Court, urged that any formed committee look beyond a state remedy and examine all avenues of enforcement to ensure treatment facilities were compliant at numerous levels, including federal tax law, Americans with Disabilities Act violations, and other local enforcement Council Member Davis appreciated the community working towards solutions, noting the local advocacy group Elk Grove Community Connection putting forward the example ordinance from San Diego. He believed legislative representatives need to prioritize the issue, stating that one inspection done on a facility in five years was not acceptable. He posed options to pursue including examining the City's nuisance ordinance, being proactive by regularly requesting updated information from the state of all group homes in Elk Grove, reaching out to other cities that face issues with group homes, reaching out to the Sacramento Area Council of Governments, pursuing a "good neighbor" policy to set strict standards in place for the operation of group homes and treatment facilities, and looking at state legislation to address registration of juvenile sex offenders. Mr. Davis believed that continuing to examine and strengthen legislation on all fronts would enhance overall Council Member Cooper noted he had met with state representatives and expressed his displeasure of their handling of the Cheer Court group home. He believed that change would take a persistent, regional approach to effect state laws that were initially created to allow group homes such as the Cheer Court facility. Mr. Cooper stated the number of sexual offenders had dramatically increased for both adult and juvenile offenders, and state law has not adjusted to provide an adequate system of justice to address sexual offender crimes, especially in the case of juvenile offenders. Regional budget cuts have led to reductions in facilities for youth incarceration and probation, and have placed prioritization pressures on agencies to house only the most egregious crime offenders, often equating to the release of sexual offenders who were considered as lesser offenders. He stated sentencing of sexual offenders was less strict under the law, and could result in little to no incarceration, or early release back into society. Mr. Cooper stated that probation officers had limited funding and visited group homes only two or three times a week, placing higher reliance on group home operators to supervise residents of facilities. Mr. Cooper did not believe group home operators were qualified for such supervision, that they did not maintain adequate records or keep information updated in a timely manner, and noted there were no effective means  the area of Cheer Court on a regular basis.  requirements such as fire and building code violations.  enforcement ability.  Elk Grove City Council Regular Meeting, July: 28,2 2010 Page 6of23    for group home operators to sanction residents. Regarding state level regulation of group homes, he stated there were laws requiring the state to receive complaints, but noted the lack of a mechanism to make such contact or a complaint in the Cheer Court instance. Mr. Cooper believed oversight was lacking, and in bringing the Cheer Court issues to legislators it should provide the means to demand changes in responsiveness, operations, policy, and potentially the law. Mayor Scherman agreed with Council comments and inquired about utilizing the City lobbyist to engage legislative representatives. She believed all five of the Council should be involved during the initial steps of outreach and research into the issues, and that creation of an ad hoc committee should be considered at a later Council Member Davis believed an ad hoc committee provided the most flexibility for scheduling and would be more responsive to meeting with outside agencies. He noted the issues encountered in scheduling the special meeting last week were indicative of the need to have a committee to provide a clear point of contact with Motion: M/S Hume/Scherman to create an ad hoc Committee for the purpose of examining local regulatory options with respect to State of California licensed group homes located in the City, and appoint Vice Mayor Detrick and Council Member Cooper to serve on the committee. The motion passed by the following vote: NOTE: Council recessed at 8:07 p.m. and reconvened at 8:14 p.m. with all Mayor Scherman noted Council Member Hume's motion remained which was to consider hearing the special meeting that had a scheduled start time of 6:00 p.m. Restated Motion: M/S Hume/Scherman to convene the regular meeting, and reconvene the special meeting to hear the item on discussing the role of mayor. The motion FAILED by the following vote: Ayes: 2; Noes: 3 (Detrick, Cooper,  time.  the Council, and to facilitate scheduling.  Ayes: 5; Noes: 0. members present.  and was voted on as follows:  and Davis).  GENERAL ADMINISTRATION INFORMATION COUNCIL COMMENTSIFUTURE AGENDAI ITEMS Council Members Cooper, Davis, and Hume had nothing to report.  City Manager Laura Gill reviewed the July 28, 2010 Administrative Report (filed).  Vice Mayor Detrick reported attending a meeting with Cheer Court residents. He also reported attending meetings to discuss with individuals formation of a local  Elk Grove City Council Regular Meeting. July 28, ,2010 Page7of23    committee to work on bringing small and large auto shows to the area, and met with Mayor Scherman invited interested parties to a business experience forum featuring keynote speaker Jack Williams, owner of Smog 'N Go and businessman of the year  representatives regarding installation of solar electric panels.  honoree, which would be held August 3. CONSENT CALENDAR ITEMS  Motion: M/S Hume/Detrick to approve the Consent Calendar as presented. The  motion passed by the following vote: Ayes: 5; Noes: 0.  Agenda Item No. 8.1: Agenda Item No. 8.2: Minutes Agenda Item No. 8.3:  Received May 2010 Treasurer's Report  Approved July 21, 2010 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 July 21, 2010  Agenda Item No. 8.4: Qualifications, and Bids Agenda Item No. 8.5: EG-10-026 (Second Reading) Agenda Item No. 8.6:  Received report on Requests for Proposals, Ordinance No. 15-2010 adopted amending the City of  Elk Grove Zoning Map from AR-5 to AR-2 for the Bakey Parcel Map Project No.  Ordinance No. 16-2010 adopted amending the City of  Elk Grove Zoning Map from RD-4, RD-5, and O to RD-5 and O for the Franklin  Crossing Amendments project EG-09-062 (Second Reading)  Agenda Item No. 8.7:  Resolution No. 2010-161 adopted authorizing the City  Manager to execute the second amendment to the contract with Les Schwab Tire Center of Elk Grove for tire and roadside services for City vehicles for one year not toe exceed $334,000 [for a total compensation not to exceed $447,500]  Agenda Item No. 8.8:  Resolution No. 2010-162 adopted authorizing the City  Manager to execute a contract with Emergency Vehicle Outfitters of Elk Grove for installation and repair of emergency response equipment and safety lighting for City  vehicles in an amount not to exceed $530,000  Agenda Item No. 8.9:  Resolution No. 2010-163 adopted authorizing the City  Manager to execute an amendment to the fuel service contract with Ferrellgas / Elk Grove Gas & Oil of Elk Grove to purchase bulk unleaded gasoline and card lock  Elk Grove City Council Regular Meeting, July: 28,2010 Page 8of23    facility fuel for City vehicles by extending the contract term one year and authorizing and expenditure of funds not to exceed $750,000 [for a total compensation not to Agenda Item No. 8.10: Resolution No. 2010-164 adopted accepting the Stonebrook Drive Pedestrian I Bicycle Trail Improvement Project as complete and authorizing the City Engineer to prepare, and the City Clerk to file, a Notice of Agenda Item No. 8.11: Resolution No. 2010-165 adopted authorizing the City Manager to execute a construction contract with California Pavement Maintenance Company, Inc. for the Slurry Seal 2010 Project in the amount of $744,940.43 and authorizing the City Engineer to approve change orders not to exceed $111,741 and amending the Fiscal Year 2010-11 budget and 2011-15 Capital Improvement Agenda Item No. 8.12: Resolution No. 2010-166 adopted finding the improvements to the Sheldon Road Interchange Park and Ride lot exempt from the California Environmental Quality Act; and Resolution No. 2010-167 adopted amending the Fiscal Year 2011-15 Capital Improvement Program and the Fiscal Year 2010-11 budget, authorizing the City Manager to execute a construction contract with Dominguez Landscape Services, Inc. for the East Stockton Boulevard S Sheldon Road Park and Ride Lot Landscaping Project in the amount of $572,777.56 and authorizing the City Engineer to approve change orders not to Agenda Item No. 8.13: Resolution No. 2010-168 adopted authorizing the City Manager to execute a task order with Kimley-Horn and Associates, Inc. for engineering services for the Laguna Creek Trail = Camden Spur Project in an Agenda Item No. 8.14: Resolution No. 2010-169 adopted authorizing the City Manager to execute a construction contract with Teichert Construction in the amount of $285,917 for the East Franklin Area Roadway improvements Project and authorizing the City Engineer to approve change orders not to exceed $57,183 Agenda Item No. 8.15: Resolution No. 2010-170 adopted limiting eligibility for the Taxi Scrip Program to Americans with Disabilities Act - certified City of Elk Agenda Item No. 8.16: Resolution No. 2010-171 adopted amending the Fiscal Year 2010-11 budget to accept and include Recycling Grant funds received from  exceed $1,500,000]  Completion with the Sacramento County Recorder  Program  exceed $86,000  amount not to exceed $104,479  Grove residents and implementing a 60-day expiration date  CalRecycle  Elk Grove City Council Regular Meeting, July: 28, 2010 Page 9of23    Agenda Item No. 8.17: Resolution No. 2010-172 adopted authorizing the City Manager to accept grant funding from the Office of Traffic Safety in the amount of $170,000 and amend the Police Department's Fiscal Year 2010-11 budget to Agenda Item No. 8.18: Resolution No. 2010-173 adopted approving the City of Elk Grove's participation in the Rabies Vaccination and License Awareness Event during the month of August 2010 and waiving the license fee for any citizen first- time application for issuance of a license for altered animals vaccinated for rabies in Agenda Item No. 8.19: Authorized recruitment to fill five vacancies on the Youth Agenda Item No. 8.20: Authorize recruitment to fill one vacancy for the Old Town Elk Grove Foundation member position on the Historic Preservation  appropriate grant funds  the month of August 2010  Commission  Committee PUBLIC HEARINGS Agenda Item No. 9.1:  A continued public hearing (June 9, 2010) to consider  approving a Letter of Public Convenience and Necessity for a Type 20 (Off-Sale Beer and Wine) alcohol license for Walgreens located at 9180 Franklin Boulevard  (Project No. EG-09-066; APN: 119-0144-005) Options for Council consideration include: meeting of August 25, 2010; or  RECOMMENDATION  1) Accept the Applicant's request and continue the public hearing to the regular 2) Adopt resolution approving a Letter of Public Convenience and Necessity for a Type 20 alcohol license for the Walgreens drug store at 9180 Franklin  Boulevard.  Mayor Scherman declared the public hearing open.  PUBLIC COMMENT: None.  Motion: M/S Hume/Detrick to continue the public hearing to the regularly scheduled meeting of August 25, 2010. The motion passed by the following  vote: Ayes: 5; Noes: 0. Agenda Item No. 9.2: 0600-039)  A public hearing to consider a Design Review  Amendment for the Kaiser Permanente Entry Sign project (EG-10-031; APN 134-  Elk Grove City Council Regular Meeting, July 28, 2010 Page 10of23    RECOMMENDATION  Adopt resolution approving a Design Review Amendment for the Kaiser  Permanente Entry Sign project (EG-10-031). 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/Detrick to adopt Resolution No. 2010-174 approving a Design Review Amendment for the Kaiser Permanente Entry Sign project (EG-10-031).  The motion passed by the following vote: Ayes: 5; Noes: 0.  Agenda Item No. .9.3:  A public hearing to consider introducing ordinances  amending Elk Grove Municipal Code Chapter 23.98 Definitions and Chapter 12.12  Obstruction of Corners regarding the "clear-vision triangle"  RECOMMENDATION vision triangle; and Corners.  1) Introduce and waive the full reading, by substitution of title only, an Ordinance amending Elk Grove Municipal Code Section 23.98.030 regarding the clear- 2) Introduce and waive the full reading, by substitution of title only, an Ordinance amending Elk Grove Municipal Code Chapter 12.12 regarding Obstruction of  The verbal staff report was waived.  Mayor Scherman declared the public hearing open.  PUBLIC COMMENT:  Robert White raised concern over which properties would be affected by this change, in particular whether it only applied to new development or if it would be applied to all properties. He noted that switching from a 20 foot by 20 foot clear visibility triangle on corners to a 30 foot by 30 foot triangle could prove problematic Public Works Director Richard Shepherd stated the intent was to apply the requirement on new development, but stated it would apply and the City would inspect a site of an existing home if there was an issue associated with the site that  for property owners whose setbacks were previously compliant.  raised a safety concern.  Elk Grove City Council Regular Meeting, July28, 2010 Page 11of23    Mayor Scherman declared the public hearing closed.  Motion #1: M/S Detrick/Davis to introduce and waive the full reading, by substitution of title only, Ordinance No. 17-2010 amending Elk Grove Municipal Code Section 23.98.030 regarding the clear-vision triangle. The motion passed by Motion #2: M/S Detrick/Davis to introduce and waive the full reading, by substitution of title only, Ordinance No. 18-2010 amending Elk Grove Municipal Code Chapter 12.12 regarding Obstruction of Corners. The motion passed by the  the following vote: Ayes: 5; Noes: 0.  following vote: Ayes: 5; Noes: 0. Agenda Item No. 9.4:  A public hearing to consider public comment on the  Federal Fiscal Years 2010 and 2011 Federal Program of Transit Projects for the  City of Elk Grove as part of the Sacramento Urbanized Area  RECOMMENDATION  Receive and consider public comment on the Federal Fiscal Years 2010 and 2011 Tiffani Fink, Transit System Manager, provided an overview of the staff report and recommendation. The public hearing was to receive public comment and ensure compliance with federal grant requirements on the current fiscal years 2010 and 2011 federal program of transit projects for the City. These funds were adopted by the Sacramento Area Council of Governments Board and provided funding to the City for maintenance, Americans with Disabilities Act operations, and matching  Federal Program of Transit Projects.  funds for a bus purchase.  Mayor Scherman declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Scherman declared the public hearing closed.  No action was taken by the Council. Agenda Item No. 9.5: RECOMMENDATION proposed changes.  A public hearing to consider the development of  Potential Service Adjustments to Regional e-van services  Receive an update from the Transit System Manager on the potential service adjustments to regional e-van services and solicit input from the public on the  Elk Grove City Council Regular Meeting, July 28,2010 Page 12of23    With the aid of an overhead presentation (filed), Tiffani Fink, Transit System Manager, provided an overview of the staff report and recommendation. Ms. Fink noted that Sacramento Regional Transit (RT) had reduced service by discontinuing Route 65 on weekends, and was implementing a significant scaling back of Paratransit services, with approximately a 30% reduction in overall service, and no service provided to Elk Grove. Required local service for Americans with Disabilities Act (ADA) certified customers was met by City e-van service. Currently the City offered extended service to ADA certified passengers by providing trips throughout the county. Other agencies typically transfer trips out of their service area, with some exceptions for medical related trips. Initial review by the City Disability Advisory Committee raised concern over transfers for medically fragile customers. To date two public meetings had been held and a frequent question has been how the trips would be coordinated between Paratransit corridors. After tonight's public hearing, the next step was a public meeting August 6, and a projected return to Council on August 25 to consider service adjustment options for adoption, with any adopted adjustments projected to become effective October 1.  Mayor Scherman declared the public hearing open.  PUBLIC COMMENT:  Norma Ryan spoke in support of restoring weekend service. In relation to the taxi scrip program, she noted an outdated list of vendors was still being provided for taxi scrip, and none of the providers had wheelchair accessible vehicles. Ms. Ryan did not believe the scrip program was cost effective, as it was only designed to cover 50% of the cost, and when living on a disability allowance the matching cost to cover transportation was excessive. She requested if regional service was discontinued, to make an exception to allow trips to the South Sacramento Costco. Christine Luman requested regional service continue to be provided to promote access for regional activities for the disabled community, and that trips not be restricted to medical only needs. Ms. Luman noted quality of life involves participation in activities beyond medical treatment. She did not believe a proposed plan of transfers between regional agencies would be functional, believing that logistical issues with trips, and coordinating multiple agencies to transfer riders, was impractical and would amplify scheduling errors. She noted the ride she had scheduled tonight was error-ridden and problematic as she was dropped off at the wrong address, and with no staff to answer phone calls after 5:00 p.m., there was Ted Clark shared his experience with errors in scheduling, and not having a transit contact after 5:00 p.m. to assist with scheduling errors or updates. Mr. Clark recalled that Ms. Fink had stated there were approximately 13,000 regional rides a year, and he requested a breakdown of costs, destinations, and users of regional rides. He posed an option to reduce single occupant trips by providing limited  no support in correcting scheduling errors.  Elk Grove City Council Regular Meeting, July 28,2010 Page 13of23    service to Sacramento at targeted time ranges in the morning and evening. Mr. Clark approved of prioritizing medical service, and commended e-van drivers as being courteous and helpful to all passengers. Mr. Clark disagreed with establishing a transfer at the Meadowview Light Rail Station as he believed the system was notoriously late. He asked that before the Council made any decisions on service adjustments that they go on an e-van ride along to experience first-hand Karen Grussenmeyer expressed that trip scheduling was currently challenging, and adding transfers for connections between agencies would make the process even more difficult. She shared her frustrations when phones are not answered after 5:00 p.m., and expressed concern for her safety if she were required to wait for a connection at the Meadowview Light Rail Station. She noted that to access shopping and recreational activity it cost her $60 a weekend for cab rides, and added to that were her monthly costs to pay for regional passes from multiple agencies serving portions of the routes she traveled on the weekdays. Ms. Grussenmeyer stated that coordinating schedules with fixed route service was difficult, especially in reaching destinations that were off of fixed routes. Linda Beattie spoke in favor of continued support of e-van services, and agreed with Mr. Clark that the Council should use and experience current e-van service before  the system as it operated today.  entertaining any service adjustments to the system. Mayor Scherman declared the public hearing closed.  Council Member Davis recalled that having wheelchair accessible vehicles was a requirement in the creation of the taxi scrip program, he requested a report on whether wheelchair accessible taxi cabs have been made available, as public comment tonight indicated there was no such service. Mr. Davis requested that if adjustments were made to restrict regional travel for medical trip service to facilities, such as the Kaiser South Sacramento Medical Center and Methodist Hospital, that other destinations just outside the city limits also be taken into consideration, such Council Member Hume requested serving first Elk Grove citizens who pay for e-van service, and creating service adjustments that benefit the greatest number of riders. Mr. Hume believed Paratransit was advising riders how to use Elk Grove's regional service system to alleviate demand on their ridership, and believed there was individual abuse of the system taking advantage of current day policies permitting  as the South Sacramento Costco.  regional rides.  REGULAR AGENDA ACTION ITEMS/RECOMMENDATIONS  Note: Item 10.1 was moved to be heard after General Public Comment.  Elk Grove City Council Regular Meeting, July 28, 2010 Page 14of23    AgendalemNo.10.: Discussien--Directon-to-establish-a-Counell-Ad-Hec Agenda Item No. 10.2: Consider resolution authorizing the City Manager to execute an amendment to the Fee Deferral Agreement with Byers Gymnastics Review the proposed amendment to the Agreement for Deferral of Certain City Impact Fees with Byers Gymnastics and provide direction as appropriate. Heather Ross, Economic Development Coordinator, provided an overview of the staff report and recommendation. Ms. Ross explained that any unpaid balance under the amendment to the deferral agreement would still be subject to annual Inr reply to Vice Mayor Detrick, Ms. Ross confirmed most agreements were with property owners, not tenants, and clarified that there are no current deferral agreements with eight year terms, the standard being a five year term.  CammisebsusyCepisyORws  RECOMMENDATION:  inflationary increases, either positive or negative.  PUBLIC COMMENT:  Eli Rodriguez, owner of Byers Gymnastics Center, noted the gym currently serves approximately 1,400 clients a week. The business did not anticipate the total opening costs in moving from Sacramento to Elk Grove, and having a secured, locked-in agreement amount would provide a consistent repayment plan. The extension of the deferral for three years would provide relief to pay down the opening cost expenses without having to pass such costs by increasing client fees. Vice Mayor Detrick inquired what security the City would have under the proposed amendment, as the original agreement was approved on the premises that a security would be waived with repayment commencing immediately upon execution of the agreement. Mr. Rodriguez replied that the 35 year history of operation of the business was security as a commitment to continue in operation, and a strong client Ms. Ross confirmed Council direction that any unpaid balance would only be subject to inflationary increases or decreases, and would not be affected by any Motion: M/S Hume/Davis to adopt Resolution No. 2010-175 authorizing the City Manager to execute an amendment to the Fee Deferral Agreement with Byers Gymnastics to delay repayment and extend the total term of the agreement. The  base would be maintained with the ability to keep client fees low.  changes that occur in the fee program.  motion passed by the following vote: Ayes: 5; Noes: 0. NOTE: Vice Mayor Detrick left at 9:17 p.m.  Elk Grove City Council Regular Meeting, July: 28, 2010 Page 15of23    Agenda Item No. 10.3: Consider resolution ordering the collection of delinquent Special Taxes in Community Facilities District 2005-1 (Laguna Ridge) by Action to Foreclose the Lien of Special Tax and provide an update on delinquencies in Community Facilities Districts 2002-1 (East Franklin) and 2003-1 (Poppy Ridge) Adopt resolution ordering the collection of delinquent special taxes in Community Facilities 2005-1 (Laguna Ridge) by Action to Foreclose the Lien of Special Tax.  RECOMMENDATION:  The verbal staff report was waived. PUBLIC COMMENT: None.  Motion: M/S Hume/Davis to adopt Resolution No. 2010-176 ordering the collection of delinquent special taxes in Community Facilities 2005-1 (Laguna Ridge) by Action to Foreclose the Lien of Special Tax. The motion passed by the  following vote: Ayes: 4; Noes: 0; Absent: 1 (Detrick). NOTE: Vice Mayor Detrick returned at 9:19 p.m.  Agenda Item No. 10.4: Consider resolution calling a public hearing to consider proposed increases in residential collection and disposal solid waste service rates  over a three year period and authorizing public notice thereof  RECOMMENDATION:  Adopt resolution calling a public hearing to be held on November 10, 2010, to consider approval of proposed increases to the City's solid waste collection and disposal service rates over a three year period for the purpose of financing land purchase reimbursement, construction of a proposed Household Hazardous Waste Collection Facility and contractual obligations to Allied Waste Services and With the aid of an overhead presentation (filed), Andrew Keys, Finance Analyst, provided an overview of the staff report and recommendation. Mr. Keys noted the item addressed proceeding with noticing a public hearing to consider rate increases in waste service fees to finance a future Household Hazardous Waste (HHW) collection facility project scheduled to begin construction in 2011. The requested action was to select a maximum rate increase that was going to be noticed pursuant tot the procedural requirements identified by Proposition 218, but not actually set the rates until the public hearing which was planned for November 10, 2010. Rate increases for consideration included land acquisition, construction, and long-term operations of the HHW project, as well as contractually obligated payments to Allied  authorizing staff to prepare and mail the necessary notices.  Elk Grove City Council Regular Meeting, July 28,2010 Page 16of23    Waste, the City's provider of residential waste removal services. The contractual increases rise with inflation on an annual basis, there was no requirement to raise rates for residents and no rate increase was implemented for residents in July 2010. The rate increase proposed to be noticed under this action would increase each of the three years from 38 to 40 to 43 cents (based on cart size utilized by resident) a The HHW fee proposed issuance by the City of $9.5 million in bonds to fund a capital cost of approximately $12.5 million. For the City to be eligible to utilize Federal Stimulus Bonds and Recovery Zone Bonds, it would require the City's bond issuance to occur before the end of the 2010 calendar year. Under consideration for the notice was selection of one preferred financing scenario of four which would establish future rate increases. Mr. Keys summarized revenue, operating, and financing assumptions for funding construction and ongoing maintenance of the facility, as well as the four financing scenarios which varied on the rate and timing of proposed increases over the next three years, and risk exposure of City funds to cover bond obligations based on the rate increase selected. He noted the property purchase was expected to conclude by October, and dependent on the approval of the rate increase in November, contracts would then be finalized with consultants to finalize the bond issuance by December, after which the team would commence on the HHW project commencing construction in spring 2011. Mr. Keys noted staff's Inr reply to Council Member Hume, Assistant City Manager Rebecca Craig noted that the Council had the authority in future years to decrease any rate, the Proposition 218 hearing establishes the maximum amount that could be levied. Ms. Craig noted the cost for the project included purchase of the entire parcel City Attorney Susan Cochran clarified the difference of the Proposition 218 hearing the City proposed to notice under this item, as compared to a recent Proposition 218 process conducted by the Cosumnes Community Services District (CCSD). Property related assessments, which the CCSD conducted, were covered by Article XIII C of the Constitution of the State of California, and prescribed the voter approval process for property-related assessments. Property related fees, and in this case related to refuse collection services proposed by the City, were covered by Article XIII D of the Constitution of the State of California, and prescribed the  month to take effect July 1,2 2011.  recommendation of financing Option 3.  identified, not just the portion to be utilized for the HHW project.  majority protest process. PUBLIC COMMENT:  Linda Beattie requested when the notice was sent to residents, to include a detachable form clearly stating residents could object to rate increases by completing and returning the form. Ms. Beattie questioned the benefit received by  Elk Grove City Council Regular Meeting, July: 28, 2010 Page 17of23    residents investing in a $9.5 million bond issuance, noting she could drop off HHW Ms. Craig clarified that the City of Elk Grove was billed $75 for each instance that Elk Grove residents drop off materials at regional facilities, and City Attorney Cochran noted that regional facilities were near capacity and have sent notice for Council Member Hume voiced opposition to the proposed financing scenarios. He believed the need for the facility was an unfunded mandate, the project cost for this project component (in relation to the overall transfer station project called out in the Environmental Impact Report) would be less than that projected in the staff report, and that options would arise in the future to provide alternate means for financing. He inquired if a scenario could be drafted with low initial rate increases, and higher Mark Williams, representing the contracted financial services provider for the City, noted such a scenario was not offered, citing that when rate increases were placed farther out in a repayment plan, payment of debt service was delayed and increased Motion #1: M/Hume to select financing Option 1. The motion failed for lack ofa a In reply to Council Member Cooper, Mr. Keys noted that in selecting different options the City would be obligated to cover initial costs leveraging fund balance. Scenarios that delayed payment would have a longer reliance on leveraging fund balance and place the City at a higher risk up front, a scenario that received higher payments at the start of the plan would accumulate a dedicated fund cushion at a Vice Mayor Detrick voiced preference for Option 3 as the increases remained consistent throughout the period. He observed that lowering the rate was always a possibility in the future, but to have to return to raise rates would require another Council Member Davis voiced agreement with Vice Mayor Detrick and noted that, even with rate increases, Elk Grove would continue to have rates lower than the  materials at regional facilities at no cost.  the City of Elk Grove to utilize an alternate facility.  fee increases in later years.  interest costs. second.  faster pace and reduce the City's risk exposure.  hearing process.  majority of the region.  Elk Grove City Council Regular Meeting, July 28, 2010 Page 180 of23    Motion #2: M/S Cooper/Detrick to adopt Resolution No. 2010-177 selecting  Option 3 as follows:  Scenario #3  Size of Cart July1,2011 July 1, 2012 July1,2013  Used by Resident 32 64 96  Proposed Increase $1.64 $1.66 $1.69  Proposed Increase $1.64 $1.66 $1.69  Proposed Increase $1.63 $1.65 $1.68  and calling a public hearing to be held on November 10, 2010, to consider approval of proposed increases to the City's solid waste collection and disposal service rates over a three year period for the purpose of financing land purchase reimbursement, construction of a proposed Household Hazardous Waste Collection Facility and contractual obligations to Allied Waste Services and authorizing staff to prepare and mail the necessary notices. The motion passed by the following vote: Ayes: 4; Motion: M/S Cooper/Davis 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 Agenda Item No. 10.5: Request for City Council to consider relief of fees assessed by Community Enhancement against property owners of 6901 Danberg  Noes: 1 (Hume).  motion passed by the following vote: Ayes: 5; Noes: 0.  Way (Case # 09-2284) RECOMMENDATION: reaffirm the fees assessed.  Staff recommends the City Council to reject the property owner's request and With the aid of an overhead presentation (filed), Shane Diller, Code Enforcement Manager, provided an overview of the staff report and recommendation. The case opened with a complaint in 2009 regarding high weeds and vegetation growing into the public right of way. A courtesy notice was sent to the property owner on record. On May 14, 2009, inspectors visited the property and found that the conditions existed, and issued a Notice of Violation and Order to Abate (both posted and sent via certified mail to the property owner). The property owner contacted the City stating the violations would be corrected. On June 20th inspectors found the code violations had not been corrected, and subsequently made ten visits to the property over the course of a year, and each time found that the violation had not been corrected, during which time additional fines and fees were assessed. On June 11, 2010, the City received a request for a waiver of fees from the property owner. The  Elk Grove City Council Regular Meeting, July 28, 2010 Page 19of23    case was still opened at that time, and on June 14", inspectors made another visit  and found at that point that the violations had been corrected.  PUBLIC COMMENT: None.  Motion: M/S Cooper/Davis to reject the property owner's request and reaffirm the fees assessed. The motion passed by the following vote: Ayes: 5; Noes: 0. Agenda Item No. 10.6: Request for City Council to consider relief of fees assessed by Community Enhancement against property owners of 8655  Hummingbird Way (Case # 09-4014) RECOMMENDATION: reaffirm the fees assessed.  Staff recommends the City Council to reject the property owner's request and With the aid of an overhead presentation (filed), Shane Diller, Code Enforcement Manager, provided an overview of the staff report and recommendation. In July of 2009 complaints were received against the property for high weeds and vegetation growing in the public right of way. Inspectors visited the property eight times from August through December 2009, each time finding the violation had not been corrected, and subsequently fines and fees were assessed. A Certificate of Nuisance was filed against the property, and with no further contact from the property owner an Abatement Order and warrant were issued on January 27th concluding with the City making the corrections to the violations. Over the course of the case, inspectors assessed over $1,687 both in inspection fees and current finance charges. No contact was established with the property owners during the history of the case, and current potential sellers and buyers were in attendance to address the request for waiver to attempt to progress the sale of the property that  was currently underway. PUBLIC COMMENT:  Roberta Risso, representing both sellers and buyers, noted the property had been vacant for over three years since foreclosure proceedings commenced with the current owners. The buyer approached Ms. Risso to represent them in purchasing the property, and the buyer's mother lives next door to the property. Ms. Risso contacted the owners and bank to establish a short sale approval, hoping to close by the end of August. Extensions on the sale were requested to clear judgments placed on the property, of which the bank was willing to pay certain fees, a judgment on the property would be paid by the current owners, and the request for relief was for the City to clear the fees and Certificate of Nuisance on the property to close the sale for the new buyer. Ms. Risso stated the goal was to establish a new owner to occupy and maintain the property, and she stated arrangements had been made to maintain the property until the transaction closed to ensure no further  violations would occur while the property remained unoccupied.  Elk Grove City Council Regular Meeting, July 28,2010 Page 200 of23    Elvira Ford, the potential buyer of the property, requested waiver of City fees and judgments. She stated her commitment to continue to maintain the property until the transaction closed, and with her mother living in the adjacent property, believed her purchase and continued maintenance of the property would benefit the Inr reply to Council Member Davis, Ms. Risso replied that the bank was unwilling to address the City fees requested for waiver tonight as these fees came up after negotiations had begun, and the bank had already paid Sacramento County and Elk Grove delinquent utility bills. The position of the bank was to not make any further payments, and Ms. Risso noted she was still coordinating removing an outstanding Inr reply to Vice Mayor Detrick, Ms. Risso stated that for short sale transactions not all fees are necessarily initially identified, and that preliminary title reports often were not issued by title companies for short sales until after an executed contract Tom Waltman believed if the petitioner planned to be an owner-occupant of the property then they would bring an asset to the community in becoming a resident homeowner, to which Mr. Waltman voiced his support to waive the fees. If the petitioner was an investor, then clearing fees was a cost of business that should be Council Member Hume believed the buyer had the best of intentions, and that even ift there was intent that the transaction was an investment, the buyer had a larger vested interest in the quality of the property as the buyer's mother resided in the Motion: M/S Hume/Davis to accept the property owner's request and fully relieve the amount of $1,687.12 in fees assessed. The motion passed by the following Agenda Item No. 10.7: Request for City Council to consider relief of fees assessed by Community Enhancement against property owners of 4808 Hutson  community.  judgment in conjunction with the current owners.  was finalized.  part of the investment.  adjacent property.  vote: Ayes: 5; Noes: 0.  Way (Case # 09-3432) RECOMMENDATION: reaffirm the fees assessed.  Staff recommends the City Council to reject the property owner's request and Shane Diller, Code Enforcement Manager, provided an overview of the staff report and recommendation. The property owner was in attendance at the meeting earlier and had to leave, they requested a photo (filed) be shown to the Council displaying the property currently was in compliance. Mr. Diller noted the original violations for  Elk Grove City Council Regular Meeting, July 28, 2010 Page: 21of23    high weeds and excessive vegetation were cited starting June 2009. After having received no contact with the owner, additional notices were posted throughout July to November 2009 and subsequent fines and fees were assessed and a Certificate of Nuisance filed. On November 17 inspectors visited the property and found that the violations had been corrected, but no contact with the owners had been made and fees assessed in the amount of $2,272.54 remained due to the City. The petitioner in the case was a property owner who bought the house at auction in April 2010, had made improvements in regards to the property, currently was in the process of selling the property, and requested relief of the certificate issued and the  fines in order to process the pending sale of the property.  PUBLIC COMMENT: None.  Motion: M/S Hume/Detrick to reject the property owner's request and reaffirm the fees assessed. The motion passed by the following vote: Ayes: 5; Noes: 0. Agenda Item No. 10.8: Designation of voting delegate and alternate to the 2010  League of California Cities Annual Conference  RECOMMENDATION:  Appoint a voting delegate and alternate delegate to represent the City of Elk Grove at the 2010 League of California Cities Annual Conference business meeting. Jason Lindgren, Interim City Clerk, provided an overview of the staff report and  recommendation. PUBLIC COMMENT: None.  Motion: M/S Davis/Detrick to appoint Mayor Scherman as a voting delegate and Vice Mayor Detrick as an alternate delegate to represent the City of Elk Grove at the 2010 League of California Cities Annual Conference business meeting. The motion passed by the following vote: Ayes: 5; Noes: 0.  Agenda Item No. 10.9: Consider appointment of one member to the Historic  Preservation Committee RECOMMENDATION:  Options for Council consideration include: appointment September 8, 2010.  1) Appoint one member to the Historic Preservation Committee; or  2) Extend the application period to September 1, 2010 for consideration of an Jason Lindgren, Interim City Clerk, provided an overview of the staff report and recommendation. Mr. Lindgren noted he had been in contact with the applicant  Elk Grove City Council Regular Meeting, July 28, 2010 Page 22 of23    Mr. Brian Len-Walsh who was in process of updating his voter registration with the County of Sacramento Registrar of Voters to reflect his residency in Elk Grove.  PUBLIC COMMENT: None.  Inr reply to Vice Mayor Detrick, Mr. Lindgren confirmed that the applicant James White had filed nomination papers to run for Council Residency District 4 in the upcoming November 2010 General Municipal Election. Vice Mayor Detrick stated he would not support making an appointment to a board or commission any Motion: M/S Hume/Detrick to extend the application period to September 1, 2010 for a member position on the Historic Preservation Committee. The motion passed  applicant who was running for a Council office seat.  by the following vote: Ayes: 4; Noes: 0; Abstain: 1 (Davis).  ADJOURNMENT  With no additional business to conduct, the July 28, 2010 City Council meeting was adjourned at 10:15 p.m. in memory of Mayor Scherman's daughter, Christina Scherman Cuellar, who passed away eight years ago this day in a car accident.  MET Spe JASONLINDGRENS INTERIM CITY CLERK  ATTEST:  SOPHIA  MAYOR  Shhs  Elk Grove City Council Regular Meeting, July 28, 2010 Page 23of23