CITY OF ELK GROVE Incorporated. July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, May 26, 2010  CALL TO ORDER/ROLL CALL  Mayor Scherman called the regular City Council meeting of May 26, 2010 to order  at 6:01 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 Davis/Hume to approve the agenda as presented. The motion  passed by the following vote: Ayes: 5; Noes: 0.  CLOSED SESSION None. None.  PRESENTATIONS/ANNOUNCEMENTS  PUBLIC COMMENT  Nicki Carpenter believed the street surfacing to the east and west of the overcrossing of the Sheldon Road State Route 99 Interchange was a liability issue and should have been addressed when initially installed. She felt the City should require the contractor to replace all of the surfacing, and not just fill any holes. Bill Allayaud, California Director of Government Affairs for Environmental Working Group, urged the City to consider not using public funds for the purchase of bottled water. He submitted a summary of findings (filed) which included: 1) cost comparisons of tap water versus bottled water, 2) environmental considerations of the production, delivery and disposal of bottled water products, and 3) comparative analysis of bottled water quality. Mr. Allayaud noted that 46 agencies have taken action sO far in California and all have realized some level of cost savings.  Elk Grove City Council Regular Meeting, May 26, 2010 Page1of32    Brian Detrick reported on the 16th Annual Collegiate National All-Stars Water Ski Championship held at Shortline Lake in Elk Grove. Mr. Detrick, the host team captain of the event, commended the efforts of his teammates on the Western United States Team which won the Championship, and stated he tied for first place as the Men's Slalom National All-Star Champion, giving him the honor of being recognized as a 2009-10 Collegiate All-American. He observed that visiting participants in the event patronized local hotels and restaurants, providing an estimated total of over $50,000 to Elk Grove businesses. Mr. Detrick also thanked the community for its support of the event providing volunteer work hours as well as Frank Lucia, representative of the Elk Grove Food Bank, reported that there is a growing number of homeless citizens in Elk Grove, with 55 identified within the past four weeks at the Food Bank. He believed the City did not have an existing plan or program to help the homeless. Mr. Lucia asked the Council to consider allocating funds to start a program to support the homeless population of Elk Grove, and he expressed his interest in coordinating efforts to develop a plan, including hiring a part time caseworker to work in coordination with the Food Bank, and to increase awareness of regional resources to provide support and guidance to homeless  donations.  citizens.  GENERAL ADMINISTRATION INFORMATION  City Manager Gill reviewed the May 26, 2010 Administrative Report (filed). She noted an additional item which was the recent graduation of the Elk Grove Police Citizens' Academy for the session that had commenced February 10, 2010.  COUNCIL COMMENTS/FUTURE AGENDA ITEMS  Reports on Regional Boards, Commissions, Committees; Travel/Training Expenditures Disclosure (in accordance with Resolution No. 2009-212 and  Government Code $ 53232.3(d)): Mayor Scherman reported the following:  Participated in creating an informational video on the Fantastic Fridays program with Rita Velasquez, Interim Director of the Elk Grove Chamber of Attended the Fallen Warriors Memorial at Elk Grove High School; Held a meeting with the Goodwill Industries and Chicks in Crisis Attended the Spotlight Elk Grove Scholarship dinner, awarding a City Attended ribbon cutting events for three Cosumnes Community Services Visited the Chamber of Commerce mixer held at the Commons Senior Living  Commerce; representatives; scholarship;  District facilities openings; center on Sabrina Lane;  Elk Grove City Council Regular Meeting. May2 26, 2010 Page2of32    Attended the award ceremony for the California Transit Association Transportation Project of the Year where the City was one of the top three Attended the retirement ceremony for Cosumnes Community Services Attended the Old Town Elk Grove Foundation's 3rd Annual Spring Festival & Presented certificate to Jay DeWald honoring him on his retirement from the Attended the Cosumnes Community Services District installation ceremony of the new Fire Chief Tracey Hanson and Deputy Fire Chief John Michelini Attended the meeting of the Old Town Elk Grove Foundation which discussed the 3rd Annual Spring Festival & Chili Cook Off, and announced  nominees;  District Fire Chief Steve Foster;  Chili Cook Off;  Elk Grove Unified School District;  and Nick Santini;  Attended a Teen Center meeting;  that a gardening workshop would be held on June 19.  Mayor Scherman noted receiving a letter of request from coordinators of the Make A Wish foundation for the City to join as supporters for an upcoming fundraising event. She also requested looking into the creation of instructional materials, such as a checklist of City business permit and business operation requirements, to be included with brochures and outreach materials for new business owners looking to Council Member Cooper reported that the Sacramento Regional County Sanitation Board of Directors addressed possible fee increases, and would be appointing Stan Dean as District Engineer to take the place of Mary Snyder who is retiring July 13. Council Member Hume noted no items to report from the Capital SouthEast Connector Joint Powers Authority Board meeting, and reported that the Sacramento Regional Transit District Board meeting authorized the purchase of three hybrid buses for neighborhood shuttle services, noting he would monitor and report back Mr. Hume requested future agenda items to address: 1) considering exemptions for sub-tenant businesses currently required to possess individual business licenses at business locations that have an existing, site issued business license, citing the example that currently hairdressers sub-leasing from a salon, which has a site issued business license, requires the hairdressers renting space at the salon to file and pay for individual business licenses, and 2) considering exemptions for businesses moving into sites with a pre-existing Certificate of Occupancy from having to file for a new Certificate of Occupancy if the use is not altered nor any  locate in the area of Old Town Elk Grove.  on the performance of these buses.  tenant improvements are made.  Elk Grove City Council Regular Meeting, May 26, 2010 Page 3of32    Council Member Davis attended the Old Town Elk Grove Foundation's 3rd Annual Spring Festival & Chili Cook Off. Mr. Davis reported on feedback from merchants in the area of the event their frustration that customer parking lots, behind business and not on Elk Grove Boulevard, are areas that are for customers of businesses on the premises only, and closed for general public parking. He reported the Economic Development and State Legislative Ad-Hoc Committee met on creating a bill to attract and promote green technology development in Elk Grove. In regards to Mr. Hume's request to address Certificates of Occupancy, Mr. Davis recollected that itwas communicated to the particular business owner that the City had made a mistake issuing the original Certificate of Occupancy, and the City proceeded to place the business on notice requiring they file and pay $250 in fees. Vice Mayor Detrick thanked Public Works Director Richard Shepard for coordinating the placement of City Seal emblem signage on the street side of the Sheldon Road Overpass. He reported attending events with Mayor Scherman including the retirement ceremony for Cosumnes Community Services District Fire Chief Steve Foster, as well and the installation ceremony of newly appointed Fire Chief Tracey Hanson and Deputy Chief John Michelini. Vice Mayor Detrick requested, and received consensus from the Council, to present a Certificate of Recognition to Brian Detrick for his achievements at the national collegiate level in the sport of Council Member Cooper included in his report hearing testimony given at the State Capital regarding proposed elimination of Medi-Cal funding for methadone and other drug treatment programs. He noted that former federal drug czar General Barry McCaffrey advocated against these budget cuts, and Mr. Cooper raised concern that the removal of these treatment programs would likely lead to increases Mayor Scherman congratulated Council Member Cooper for his participation in the recent apprehension of a suspected pedophile. Council Member Cooper noted that the City of Elk Grove Police Department has an officer trained in the similar methods of the Sacramento High Tech Crimes Unit to serve the Elk Grove  water skiing.  in crime.  community.  CONSENT CALENDAR ITEMS  Motion: M/S Cooper/Davis 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  Received April 2010 Treasurer's Report  Approved May 12, 2010 Special City Council Meeting  Elk Grove City Council Regular Meeting, May 26, 2010 Page 40f32    Agenda Item No. 8.3:  Received report on City Manager approved purchases  and contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and  Purchasing, filed through May 19, 2010  Agenda Item No. 8.4: Qualifications, and Bids Agenda Item No. 8.5: Agenda Item No. 8.6:  Received report on Requests for Proposals, Ordinance No. 9-2010 adopted adopting Elk Grove Ordinance No. 10-2010 adopted repealing Elk Grove  Municipal Code Chapter 3.70 entitled "Utility Services Billing" (Second Reading) Municipal Code Chapters 6.06 and 6.10 and adopting Title 30 regarding Solid  Waste Management (Second Reading)  Agenda Item No. 8.7: Agenda Item No. 8.8: Reading)  Ordinance No. 11-2010 adopted amending Elk Grove Ordinance No. 12-2010 adopted adding Elk Grove  Municipal Code Chapter 15.10 titled Storm Drainage Fee (Second Reading)  Municipal Code Chapter 4.13 relating to unattended donation boxes (Second  Agenda Item No. 8.9:  Resolution No. 2010-94 adopted approving distribution  of free compost to residents who either: 1) attend composting workshops held at the Elk Grove Community Garden, or 2)drive to the Allied Waste, Elder Creek Transfer Station located at 8642 Elder Creek Road, Sacramento, and bag and remove Agenda Item No. 8.10: Resolution No. 2010-95 adopted authorizing the City Manager to execute an agreement with J4 Systems for On-Call Information Agenda Item No. 8.11: Resolution No. 2010-96 adopted authorizing the City Manager to execute the Sacramento Regional Radio Communications System Agenda Item No. 8.12: Resolution No. 2010-97 adopted authorizing the City Manager to execute a construction contract with B &B Asphalt Inc. for the Corporation Yard Improvements (Elkmont Way Entrance Replacement) Project for an amount not to exceed $83,351 and authorizing the City Engineer to approve Agenda Item No. 8.13: Resolution No. 2010-98 adopted authorizing the City Manager to execute a construction contract with Granite Construction Company for the Asphalt Concrete Overlay and Curb Ramp Improvements 2010 Project in the  compost for their personal use  Technology Services in an amount not to exceed $94,000  license agreement with the County of Sacramento  change orders not to exceed $20,000  Elk Grove City Council Regular Meeting, May 26,2 2010 Page 50f32    amount of $1,906,609 and authorizing the City Engineer to approve change orders Agenda Item No. 8.14: Resolution No. 2010-99 adopted amending the 2009-14 Capital Improvement Program and the Fiscal Year 2009-10 Budget by approving the allocation of $55,000 of Elk Grove Roadway Fee funding for the Elk Grove- Florin Road / Brown Road-Silverberry Avenue Traffic Signal and Intersection Improvement Project; and Resolution No. 2010-100 adopted authorizing the City Manager to execute a construction contract with Tim Paxin's Pacific Excavation, Inc. for the Elk Grove-Florin Road / Brown Road-Silverberry Avenue Traffic Signal and Intersection Improvement Project in the amount of $177,363 and authorizing Agenda Item No.8.15: Resolution No. 2010-101 adopted approving the agreement for maintenance of joint transportation facilities between the City of Elk Grove and the City of Sacramento, authorizing the City Manager to execute the agreement and authorizing the City Engineer to approve mutually agreed revisions Agenda Item No. 8.16: Resolution No. 2010-102 adopted authorizing the City Manager to execute a task order with Nolte Associates, Inc. to provide resident engineering and construction inspection services for the Grant Line Channel Agenda Item No. 8.17: Resolution No. 2010-103 adopted authorizing the City Manager to execute a professional services contract with Sharp Public Affairs for City Newsletter Services for three, one-year terms, and authorizing an expenditure Agenda Item No. 8.18: Authorized recruitment to fill one vacancy on the Historic  not to exceed $191,000  the City Engineer to approve change orders not to exceed $27,000  within his spending authority  Restoration Project in an amount not to exceed $70,409.90  oft funds not to exceed $400,715 Preservation Committee PUBLIC HEARINGS Agenda Item No.9.1:  A continued public hearing (February 24, 2010) to  consider Elk Grove Old Town Special Planning Area Design Standards and  Guidelines Triennial Review Amendments  RECOMMENDATION amendments.  Receive presentation of proposed revisions to the Elk Grove Old Town Special Planning Area Design Standards and Guidelines and provide direction on desired  The following options are available to the Council:  1) Send the subsequent revisions back to the Planning Commission for review and  recommendation; or  Elk Grove City Council Regular Meeting, May 26, 2010 Page 6of32    2) Approve, modify, or reject any combination of recommendations from the Planning Commission and the Special Planning Area amendment workgroup A) Introduce and waive the full reading, by substitution of title only, an ordinance amending the Elk Grove Old Town Special Planning Area Design Standards With the aid of an overhead presentation (filed), Gerald Park, Senior Planner, provided an overview of the staff report and recommendation. Mr. Park noted the item was continued from February 24, and that since the continuance four meetings were held with the working group to formulate additional changes. The new additions since the February 24 meeting to today are from the working group and were never reviewed by the Planning Commission. He noted staff remain neutral and are not taking any position as to new provisions. Mr. Park reviewed the Planning Commission recommendations as presented in the proposed ordinance, and the working group recommendations made since the continuance for Council Mr. Park confirmed to Council Member Davis that the Planning Commission did not ask to formally review the working group recommendations, and confirmed to Mayor Scherman that the options presented for Council consideration were those directly Council Member Hume received clarification on the following items: 1) that for hanging landscape ornaments within the 12-foot pedestrian area, an encroachment permit issued through the Public Works Department would be required, 2) the off- site parking requirement would still exist, but the requirement to be 800 feet from a project site would be eliminated (off-site parking could be created for a project anywhere within the SPA boundaries), in addition, off-site parking could be located within the boundary extending 800 feet beyond the SPA boundary, 3) the eight inch clearance for monument signs is a site specific, safety, visibility issue and would be evaluated by the Police Department after applications were received and recommended for review by the Planning Director on a case by case basis, 4)r relating to the set-back requirements for monument signs, Mr. Park noted the working group recommendation was more permissible than current zoning code requirements which default to being ten feet behind the right of way, and 5) regarding outdoor café type seating the current requirements are to apply for a Conditional Use Permit, the proposed Type 2 design review would expedite such Vice Mayor Detrick received confirmation from Mr. Park that Planning Department staff had no objections with the recommendations made by the working group.  and approve the item with the following motion:  and Guidelines.  consideration.  from the working group and contained no subsequent changes.  applications.  Mayor Scherman declared the public hearing open.  Elk Grove City Council Regular Meeting, May 26, ,2010 Page 7of32    PUBLIC COMMENT: the items.  Howard Sihner thanked the Council for granting the continuance of this matter and working with the Old Town Elk Grove Foundation to review and comment on all of Henry Lindsay asked for clarification of the recommendations of the Planning Commission and that of the working group regarding permitted uses of tattooing and body piercing businesses. Mr. Park replied that the Planning Commission recommendation was to add the Commercla-Persona. Services, Tattoo and Body Piercing land use category to Table 2 as a conditionally permitted use. The working group recommendation is to eliminate tattoo and body piercing all together, to which Mr. Lindsay voiced agreement with the working group recommendation. Damon Mireski asked that tattoo businesses be considered as allowed uses in Old Town. He alleged that tattooing is currently being conducted in Old Town by four beauty salons, the nature of the tattooing is to the extent that operators are required to comply with health standard conditions that a similar tattoo business would be required to follow. Mr. Mireski requested that clarification for what uses are permissible be provided for the definitional term of a tattooing business, and the difference with a beauty salon that provides similar tattooing services.  Mayor Scherman declared the public hearing closed.  The Council reviewed the list displaying Planning Commission recommendations as currently presented in the ordinance for approval, and the working group recommendations added since the continuance that were in addition to, or opposed to, Planning Commission recommendations. Final approvals for specific numbered items which had working group recommendations are noted in the motion action, before the motion, discussion ensued on individual items as follows: Council Member Cooper disagreed with the working group recommendation to entirely remove tattooing and body piercing from being permitted in the SPA. He also disagreed with the working group recommendation on Item 14, Hardscaping. The remainder of the Council approved the working group recommendations on Council Member Hume supported, and received consensus from the Council, approval of the Planning Commission recommendation only for Item 12, Set Backs, citing the working group recommendation was too restrictive for special events and street fairs, and that concerns of the recommendation in maintaining the street wall Council Member Hume received confirmation that hanging landscape ornaments, identified as a nuisance in the right of way, would be handled through complaints  Item 11, Permitted Uses, and Item 14, Hardscaping.  under this section were adequately covered elsewhere in the SPA.  filed with the Code Enforcement Department.  Elk Grove City Council Regular Meeting. May 26, 2010 Page 80 of32    Council Member Cooper inquired if the City was exposed to any liability if cosmetic tattooing, as provided through a beauty salon, were permitted, but tattooing and body piercing were not permitted as proposed under the working group recommendation under consideration for approval. City Attorney Susan Cochran responded the matter would require additional research, but noted that the tattooing conducted at a beauty salon may be included as part of the cosmetology license Vice Mayor Detrick inquired if currently existing beauty salons, providing tattooing services, would be grandfathered in'", i.e. allowing these businesses to continue in operation after approval of the SPA guidelines. City Attorney Cochran noted that if the initial use were legally established then the City would not have the means to restrict existing activity. She added that further research would be required to make a determination on the City's ability to regulate tattooing conducted under a cosmetology license, and would likely require additional defining terms and initial licensing requirements to provide the City the means to regulate that particular form Motion: M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 13-2010 amending the Elk Grove Old Town Special Planning Area Design Standards and Guidelines as amended utilizing working  held by the operator, which is regulated by state law.  of tattooing.  grouprecommendions per Council direction as follows:  4. Definitions  Added definition for "Places of Assembly" as utilized in the SPA.  5.0 Design Review Application Types (Table 1)  Add new footnote stating that courtesy copies of Type 1 and 2 Design Review applications for signage shall be sent to the Old Town Elk Grove Foundation and  Historic Preservation Committee. 10. Assessment Report to Council  Provide additional language that clarifies that the triennial review includes Old Town stakeholders and general public feedback (Section I(L)) to ensure that feedback from the Old Town stakeholders and the general public are included in  triennial reports.  11. Permitted Uses (Table 2)  Remove proposed Commercla-Persona, Services, Tattoo and Body Piercing land use category from Table 2 as the working group believes that tattoo and body piercing uses do not complement the vision and goals of Old Town. In addition, add Personal Services-Restricted to Land Use Table Note number 9 to eliminate tattooing, piercing, and similar services, and check cashing services, fortune tellers, palm readers, and similar services from locating in Oid Town.  Elk Grove City Council Regular Meeting, May 26, 2010 Page 90f32    13. Landscaping  Modify Section IV(B)(2)(d)(iv) that would allow landscape ornaments to encroach into the right-of-way upon approval of an Encroachment Permit issued by the  Public Works Department. 14. Hardscaping  Move a portion of Section IV(C)(2)(a) pertaining to corner lots from Standards to Guidelines and add language that would allow alternative standards from the City's Improvement Standards on a case-by-case basis since not all side streets in Old Town can provide the corner improvements due to substandard streets. Modify Section IV(D)(2)(c) to also allow the option of utilizing parking facilities located outside of the Old Town SPA, but the parking facilities must be within 800 feet of the SPA boundary to provide additional parking options for businesses Reinstate the following proposed deleted provision in Section (IV(D)(2): "If there is no option except to locate parking between the building and Elk Grove Boulevard, large parking areas shall be broken in segments no larger than 50  15. Parking  with no or limited onsite parking.  feet measured along the streetside. "  16. Signs Sidewalk Signs  Revise proposed sidewalk sign provisions as follows:  Revise sign permit validation from twelve months to the duration of the Increase the number of sidewalk signs that would allow one sign for single- occupied buildings and one sign per every 20 feet of building frontage for  business (no renewal). multi-tenant buildings.  Modify the maximum dimensions to 48" high and 26" wide.  Modify the sign construction materials and prohibit the typical plastic constructed signs (unless plastic is utilized to replicate a building material).  Monument Signs  Revise proposed monument sign provisions as follows:  Delete the proposed 8" clearance requirement at the bottom of the monument sign, future signs will be reviewed by the Planning Director for CPTED Increase the monument sign area from 16 sq. ft. to 24 sq. ft. and limit sign  compliance.  area dimensions to 4' high and 6' wide.  Elk Grove City Council Regular Meeting, May 26, 2010 Page 10of32    Establish a monument sign setback provision that would allow signs to be located at the back of right-of-way and out of the clear-vsion-trangle.  Temporary Signs 18. Compatibility  Increase proposed maximum area from 18 sq. ft. to 30 sq. ft.  Modify to require the commercial project applicant to first contact the residential property owner to negotiate the placement of any masonry wall on the residential side of the alley to promote the use of the alleys to access commercial developments and promote the goal of keeping parking and parking access off of  Elk Grove Boulevard. 19. Outdoor Café Seating  Change permit requirement for outdoor café seating from Conditional Use Permit to Type 2 Design Review to allow an expedited approval process (administrative approval), which is similar to outdoor seating approval process established in the  Zoning Code.  23. Building & Landmark Design Element Heights  Delete Section V(A)(2)(d) regarding landmark design element height standard  since the building height standard of 45 feet is the same height.  24. Materials  Modified standard to state that when veneer is utilized, detailed attention to craftsmanship and installation of veneer will need to be taken to provide a realistic appearance to provide further clarification regarding the utilization of Revised figure description to reflect that one building in Figure 15 is located in  veneer to replicate a specific building material. Marysville to provide correction to photo reference.  25. Murals  Delete Section V(D)(2)(d) to increase the mural coverage area from 50% of any single building wall to no limitation per building wall to allow full utilization of a  wall for murals as the limitation of 50% serves no purpose.  26. Storefronts  Added a sentence addition to Section V(G)(3)(d) as shown in bold underlined text- "In Historic Old Town in conformance with the U.S. Secretary of the Interior's Guidelines.. . "to distinguish historical buildings and ensure reference to guidelines applicable to buildings on the historic register of historic places. Replace Section V(J)(2)(a) regarding screening rooftop equipment with screening standard as provided in the Elk Grove Design Guidelines to provide clarification  28. Roofing  inr regards of screening rooftop equipment.  The motion passed by the following vote: Ayes: 5; Noes: 0.  Elk Grove City Council Regular Meeting, May 26, 2010 Page 11of32    Agenda Item No. 9.2:  A continued public hearing (May 12, 2010) to consider  approving a Letter of Public Convenience and Necessity for a Type 20 (Off-Sale Beer and Wine) alcohol license for Toledo's Mexican Market located at 9059 Bruceville Road, Suite 190 (Project No. EG-10-017; APN: 176-0022-005)  RECOMMENDATION  Adopt resolution approving a Letter of Public Convenience and Necessity for a Type Inr response to City Attorney Susan Cochran, Council Member Cooper stated, as he was not present at the last Council meeting, that he had reviewed the tape of the meeting held on May 12, 2010. Ms. Cochran noted Mr. Cooper would be eligible to With the aid of an overhead presentation (filed), Adam Petersen, Project Planner, provided an overview of the staff report and recommendation. Mr. Petersen noted a "green sheet" memo (filed) which addressed changes for the permitting process by the California Department of Alcoholic Beverage Control (ABC) specifically related to Letters of Public Convenience and Necessity (PCN), noting that ABC would no longer accept conditions added by a local agency to PCN letter approvals. In response to Council Member Hume, Police Chief Robert Lehner provided estimates of crimes per one thousand population for particular beats: Beat 1: 15.45, Beat 2: 35.7, Beat 3: 35.84, Beat 4: 20.43, and Beat 5: 22.9, with an average across the City of 27.15. Chief Lehner noted the project was in Beat 2, and noted that an issue in comparing which of the average statistics of all patrol areas of the City was highest is to take into context that, as a whole, the City is a relatively low crime city. Interim Planning Director Taro Echiburu responded to Council Member Davis that if the City forwards a letter with additional conditions, ABC would likely reject the applicant's permit request and no license would be issued. He noted that on a forward going basis a Conditional Use Permit (CUP) could be used to include conditions outside of the ABC license process, and this would provide the means to include conditions related to alcohol sales that could be enforced by the City. City Attorney Susan Cochran clarified a CUP could be used for future applications, but for the item before the Council tonight, the requested use does not require a  20 alcohol license for Toledo's Mexican Market, project EG-10-017.  participate in actions regarding this item.  CUP.  Mayor Scherman declared the public hearing open.  Maria Tobar, project applicant, confirmed the intent of her business was to sell packaged alcohol sales, not single units of alcohol. She confirmed the sales were for the convenience of her customers, and to provide a variety of products to  Elk Grove City Council Regular Meeting, May 26, 2010 Page 12of32    accompany the predominantly Hispanic foods offered at the store. Ms. Tobar noted the application process has continued for over a year, and that she was amenable to any conditions placed on the application in order to finalize the process.  PUBLIC COMMENT:  Patrick Robbins requested the Council deny the PCN letter. Mr. Robbins believed alcohol sales at this location would exacerbate problems of noise, litter, and public safety that the adjacent neighborhood currently experiences with the shopping center area where the project is located. He provided observations (filed) that the City application reflected timeframes of operation from 6:00 A.M. To 11:00 P.M., which were expanded from those proposed under the original ABC application, which were from 9:00 A.M. to 8:00 P.M. He noted that the City had denied a liquor store in the same area a few years ago, and one reason was because of the hours of operation. Mr. Robbins was concerned that since the applicant had already expanded the application hours, he was wary of what aspects of operating the business would be expanded on by the applicant as well. Mr. Robbins reiterated that the back access road, which was intended, then abandoned, as a fire access road, continues to be used for deliveries by tenants of stores at the mall generating Mr. Robbins additionally noted statistics of the number of Driving Under the Influence citations issued in the last week in the vicinity of the project area. He also noted the proximity of the project to the Wackford Aquatic Complex, and believed alcohol sales were inappropriate in areas frequented by families and youth.  undue noise for the neighborhood.  Mayor Scherman declared the public hearing closed.  Council Member Hume reported he had visited and observed the project location. He believed the applicant's representation of her clientele as primarily grocery shoppers was accurate, and noted his support for the PCN letter request. Mr. Hume also noted that during his site visit he observed the layout of shopping center and reported the site, at that time, was very clean and the back lane appeared to only Council Member Cooper agreed drunk driving is a problem, but noted there is a difference between local establishments that serve alcohol to patrons on the premises, as opposed to this project application for closed container sales which would require buyers to consume off-site of the sales area premises. Mr. Cooper voiced support for the project as a convenience for the store's patrons. Council Member Davis did not support the application. He recognized he initially supported the application, as he viewed the applicant's operation primarily as a grocery store, but he held reservations now that PCN letter applications did not provide a mechanism to include or enforce City conditioned requirements.  have an employee car parked there.  Elk Grove City Council Regular Meeting, May 26,2010 Page 13of32    Vice Mayor Detrick stated he believed there was an adequate amount of liquor sales in the area. He also noted that due to proximity to the Wackford Aquatic Complex, and the safety issues that have arisen in that area in the past, that he Mayor Scherman believed the applicant would adhere to a high level of service and comply with ABC regulations, state law, and sound business practices that would meet what the City would want to see as conditions, even though the City would not Ms. Tobar responded that, as a family-run business, she or a member of her family would be present to ensure regulatory law and sound business practices would be City Attorney Cochran confirmed to Mayor Scherman that if the PCN letter was approved as presented tonight that there was no mechanism for the City to prevent the applicant from continuing to operate until incidents at the location rose to a level Council Member Cooper believed an issue would continue to exist of ABC not allocating resources to enforce laws and conditions on non-compliant businesses. Mr. Cooper felt that the City had adequate policing programs to detect businesses that are not in compliance with the law, and felt conditions placed on individual business owners would only penalize business owners, and would not address the source of the problem which he believed was primarily the consumer. Vice Mayor Detrick voiced concern that a verbal agreement to comply with conditions is not enforceable and ultimately leaves the City in a position of liability. Motion: M/S Hume/Cooper to adopt Resolution No. 2010-104 approving a Letter of Public Convenience and Necessity for a Type 20 alcohol license for Toledo's Mexican Market, project EG-10-017. The motion passed by the following vote:  would not support the PCN letter.  be able to enforce such provisions.  followed, including that no individual containers be sold.  of nuisance, which would be enforced by other means.  Ayes: 3; Noes: 2 (Detrick, Davis). Agenda Item No. 9.3: RECOMMENDATION  A public hearing to consider adoption of the 2010-11  Community Development Block Grant Action Plan  Adopt resolution approving the Fiscal Year 2010-11 Community Development Block Grant (CDBG) Action Plan and authorizing the City Manager to execute and file all documents required to receive US Department of Housing and Urban Development With the aid of an overhead presentation (filed), Sarah Bontrager, Grants Specialist, provided an overview of the staff report and recommendation. Ms. Bontrager noted  CDBG funds.  Elk Grove City Council Regular Meeting, May 26, 2010 Page 14of32    that since the preliminary allocation of the expected $500,000 in funding was discussed back on March 24, public review was conducted and the City was informed it would be receiving $543,178, sO additional funds are available to allocate. Since the document was released for public comment, no comments had been received, but two additional needs were identified: 1)homeless services within the City, and 2) an additional request from the Elk Grove Police Activity League (PAL) in the amount of $92,000 for tenant improvements at three facilities that they currently have or plan to acquire. The PAL also submitted a request for $14,000 in public services funding to pay the lease on one of the facilities they hope to continue occupying. Staff recommends taking funding that was previously unallocated at the March 24 meeting and adding those funds with the public service funds from the additional allocation to address homeless services by releasing a request for proposals to identify a local organization that could provide such services.. Ms. Bontrager identified that $28,000 was currently unallocated for public  facilities.  Mayor Scherman declared the public hearing open.  PUBLIC COMMENT:  Russ Croco Executive Director of Teen Center USA, provided handouts (filed) noting usage by patrons of the Teen Center, existing and planned programs, and use of funding requests. He noted the Teen Center currently absorbs operational costs in providing security, utilities, phone, City fees, insurance, and building maintenance repairs, such as installing new door locks and repair expenses in excess of $8,000 for the heating, ventilating, and air conditioning (HVAC) unit. Mark Lepp, Vice Chair of the Teen Center Board, highlighted Elk Grove Teen Center services such as the breakfast club, which provides a hot meal for 40 to 60 youths, and which builds on opportunities for additional outreach through the Infuze program that provides skill sets on mentoring and relationship building. Tracy Owensby, Board Member of the Teen Center, spoke in support of the Elk Grove Teen Center and highlighted a proposed program to assist high school students in passing the California High School Exit Examination (CAHSEE) by providing preparation classes and access to a California Department of Education Bill Tomlin voiced his support of the Elk Grove Teen Center noting its value as a positive influence for at-risk youth and a resource for teens seeking support Joe Debbs noted his experience in seeing the youth of a community stray into mischief when a local Police Activity League chapter had to close. He noted that the Elk Grove Unified School District reduced their offering of sports programs, and it is a benefit for a large city to have organizations such as a Police Activity League  approved re-examination program.  systems.  Elk Grove City Council Regular Meeting, May 26, 2010 Page 15of32    to provide additional outlets of organized sports, youth outreach, and opportunities Mike Retzlaff requested funds be allocated to the Elk Grove Food Bank to provide services for a homeless program. He noted the numbers of homeless clients have increased significantly over the last year, and he stated his belief that those numbers would continue to rise until the economy improves. Mr. Retzlaff requested consideration of establishing a homeless task force to bring together government agencies and community groups to coordinate outreach methods and allocation of Eddie Raschein spoke in support of the Elk Grove Teen Center and highlighted the Opportunities for Change program offered by the center to educate teens on mentoring, stress and anger management, and life skills preparation for goal setting Randal Broadhurst spoke in support of the Elk Grove Police Activity League (PAL) and noted that many non-profit organizations share a common challenge in finding ap physical location to operate and provide their services. He stated that identifying a City owned facility to house non-profits would aid agencies in reducing individual expenditures for rent, maintenance, or procurement of space. He noted that the work plan of the PAL is focused to provide direct services to youth, but also to provide a place for other non-profit organizations to conduct their social work. Mr. Broadhurst noted regional reductions or elimination of counseling, summer school, and sports programs, and believed the PAL program provides needed youth Martin Rivas spoke in support of the Elk Grove Police Activity League noting the success and benefit he has seen through PAL programs with at-risk youth, as he has served as a volunteer in programs both with Elk Grove and the City of Citrus Kendra Lewis spoke in support of the Elk Grove Police Activity League noting the benefits of generating community good-will and fostering trust with youth, their Ronald Montez spoke in support of the Elk Grove Police Activity League noting that, as a supervisor of volunteers, he has received a resounding response from community youth who want to take part in PAL offered programs. Mr. Montez emphasized the need of the PAL to received support and space to conduct PAL Ami Perry-Donaldson spoke in support of the Elk Grove Teen Center and provided an overview of the Teen Center request to enhance the computer lab with new  to bring law enforcement and the community closer together.  resources.  and work force readiness.  outreach alternatives.  Heights.  families, and law enforcement officers.  programs.  computers, software, and instructor directed programming.  Elk Grove City Council Regular Meeting, May 26,2 2010 Page 16 of32    Damon Mireski spoke in support of the Elk Grove Police Activity League portraying his experience in assisting the group in locating adequate facilities, noting that permit and lease costs are very high in Elk Grove. Mr. Mireski provided an example of how PAL participants and volunteers assisted a local elementary school in preventing escalation of an incident of inappropriate behavior by a small group of  students at a school campus.  Mayor Scherman declared the public hearing closed.  Assistant City Manager Rebecca Craig responded to Council Member Hume that the City internal services fund would be applicable to cover City owned property maintenance, and that staff would coordinate with the Teen Center to identify and Council Member Cooper believed that the sound wall project should be delayed to provide funding to meet grant requests in the current year cycle. Mr. Cooper stated he believed there was a duplication of efforts competing for funding between the Police Activity League and Teen Center, and he posed to the groups to consider merging to realize cost savings through shared facilities and operations costs. He believed the two agencies cover a breadth of program offerings to reach the widest audience, but efforts should be made to find common ground to cut costs. Council Member Davis believed that competition amongst programs is healthy, and that iti is the decision of the organizations to decide if they want to merge or not, and the City's role is continue to find ways to support organizations, not to weigh in on Mayor Scherman agreed that the preliminary funding for the sound wall could better address current day priorities, but expressed the City needs to take steps to address the safety concerns of loose fencing and safety concerns and continue pursuit of identifying funding to bring the sound wall project to completion in the near future. She wanted to explore options to split the funding re-allocated from the sound wall project evenly between the Teen Center and the PAL. Ms. Scherman believed the PAL request and program was proceeding too quickly, without the City being provided an adequate business plan or operational financials to support proposed programming, and believed the Teen Center had support of a new board Vice Mayor Detrick agreed with delaying the sound wall project and believed the matter was a safety issue with origins on private property, he wished work would continue with the property owners in the area of the sound wall project. He agreed that efficiencies could be made if the PAL and Teen Center created a working relationship to save on costs. Mr. Detrick raised concern as to whether the Teen  resolve incurred maintenance costs.  their operational decisions.  and needed funding to get back on track.  Elk Grove City Council Regular Meeting, May 26, 2010 Page 17of32    Center had any facility costs as the re-allocated sound wall funds would require use Ms. Bontrager stated that no facility requests were received from the Teen Center this year, and in the items presented tonight none would be categorized as facilities City Attorney Cochran noted that facility improvements for City owned buildings Inr response to the Council, Russ Croco noted that without authorization he could not initiate improvements on the City owned facility. He did note that other than addressing maintenance and repair, there would be a benefit in moderizing the building, such as installing double pane windows and making the building more Ms. Bontrager noted in reply to Vice Mayor Detrick that energy efficiency Council Member Davis viewed that as the Teen Center has an existing facility, the full facility funding request made by the PAL should be provided for using the funding from the sound wall project, and allocation of the remaining $28,000 in facility funding should go to the Teen Center for future facilities needs once City Manager Laura Gill clarified that the $8,000 identified by the Teen Center for HVAC maintenance was a separate issue from the allocations proposed under this item, and that as the City receives the information from the Teen Center that Motion: M/S Davis/Hume to adopt Resolution No. 2010-105 approving the Fiscal Year 2010-11 Community Development Block Grant (CDBG) Action Plan as amended to use unallocated services funds to support a homelessness program, to not fund sound wall project and re-allocate those funds in the amount of $92,500 to the PAL facilities request, and provide the remaining $28,000 facilities funding for future Teen Center facilities request submittals and authorizing the City Manager to execute and file all documents required to receive US Department of Housing and Urban Development CDBG funds. The motion passed by the following vote:  on facilities, not programs.  use.  would need to be included in the Capital Improvement Plan.  energy efficient, as utility bills for the facility are high. improvements would be eligible for facility financing  identified.  request would be handled separately.  Ayes: 5; Noes: 0. Agenda Item No.9.4:  Continue public hearing to June 9, 2010 to consider  update on the Development of Proposed Service Adjustments to e-tran based on the revised Sacramento Regional Transit Schedule, and e-van services based on conversations with the Disability Assistance Council, as well as, a revised public  outreach schedule  Elk Grove City Council Regular Meeting, May 26, 2010 Page 180f32    RECOMMENDATION  Open the public hearing and continue it until June 9, 2010. This continuance is necessary to allow time to receive final information from Sacramento Regional Tiffani Fink, Transit System Manager, provided an overview of the staff report and recommendation. Ms. Fink noted the continuance was requested in order for the City to continue to monitor the Sacramento Regional Transit District's (RT) process of determining their reductions to service and associated costs, and once RT's approach was identified staff would return with updated recommendations for service adjustments and a new timeline for public outreach and comment.  Transit District which may impact service delivery by e-tran.  Mayor Scherman declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Scherman declared the public hearing closed.  Motion: M/S Hume/Detrick to continue the item to the regular meeting of June 9, 2010. The motion passed by the following vote: Ayes: 5; Noes: 0.  Agenda Item No. 9.5:  A public hearing to consider adoption of resolution  approving the abandonment of a portion of Dwight Road adjacent to the Union  Pacific Railroad as a first step to implement a Quiet Zone  RECOMMENDATION  Adopt resolution approving the abandonment of Dwight Road west of Portofino  Drive.  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 Hume/Detrick to adopt Resolution No. 2010-106 approving the abandonment of Dwight Road west of Portofino Drive. The motion passed by the  following vote: Ayes: 5; Noes: 0.  Elk Grove City Council Regular Meeting, May 26, 2010 Page 19of32    Agenda Item No. 9.6:  A public hearing to consider adoption of resolution  confirming the Written Report of Fiscal Year 2010-11 service charges and establishing Fiscal Year 2010-11 service charges for certain miscellaneous extended services in the Laguna West Service Area (formerly County Service Area  5)  RECOMMENDATION  Adopt resolution confirming the Written Report of Fiscal Year 2010-11 Service Charges and establishing Fiscal Year 2010-11 Service Charges for certain miscellaneous extended services within the Laguna West Service Area.  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 Hume/Davis to adopt Resolution No. 2010-107 confirming the Written Report of Fiscal Year 2010-11 Service Charges and establishing Fiscal Year 2010-11 Service Charges for certain miscellaneous extended services within the Laguna West Service Area. The motion passed by the following vote: Ayes: 5;  Noes: 0.  REGULAR AGENDA ACTION TEMSRECOMMENDATONS  Agenda Item No. 10.1: Presentation of Fiscal Year 2010-11 Annual Budget Receive and file the Proposed Fiscal Year 2010-11 Annual Budget, and receive the Laura Gill, City Manager, provided an overview of the staff report and recommendation. She distributed the draft Fiscal Year 2010-11 budget ("Budget") (filed) for Council review, noting the Budget was based on being the second year of a two-year budget starting from Fiscal Year 2009-10. The Budget reflects stabilization of General Fund revenues projecting a 6% increase in sales tax which is consistent with state-wide projections, recommendations from the Legislative Analyst's Office, and consistent with the recommendations of City sales tax consultants. Property taxes are projected to increase by 0.5%, reflecting modest growth in property tax revenue based on residential reassessments through the Sacramento County Assessor's Office. Property tax revenues will be monitored  RECOMMENDATION: Annual Budget Message.  Elk Grove City Council Regular Meeting, May 26, 2010 Page 200f32    closely as caution has been given to take into account a possible second wave of foreclosures projected for 2011 due to households needing to refinance adjustable rate mortgages, as well as caution that commercial properties might be devalued. The Budget reconstitutes positions that have been recently vacated into different positions at less cost; the two Deputy City Manager positions vacated during the current fiscal year are proposed to be converted into a Police Lieutenant, to support the Problem-Oriented Policing in the Animal Services functions of the Police Department, and an Emergency Management Coordinator. The current Fiscal Year 2009-10 budget was prepared assuming the use of $3.4 million of fund balance, and the revised assessment for the current Fiscal Year 2009-10 was prepared and assumed no fund balance from the General Fund would be required to end the fiscal year. These expenditure savings were realized as staff was able to find alternate means to fund the $1,452,000 that was taken by the state to balance the state budget, and City departments reduced overall General Fund expenditures $2 million below budget. The Fiscal Year 2009-10 budget had assumed that $2.6 million of fund balance would be needed to balance the Fiscal Year 2010-11 budget, and currently staff project an amount just under $1.7 million will be required. Ms. Gill noted the proposed Budget assumes the continuation of suspension of compensation for all employees; eight days a year for most employees, and 12 days a year for the executive team. Concessions for the Police Officers' Association are to be done through different compensation for overtime. In the proposed Budget, Ms. Gill included that if economic conditions remain optimistic, and the audit of the current fiscal year, to be completed in the fall, confirms that the City did not use any fund balance to balance the budget, then she would return in November asking for the furloughs to be taken away January 1, 2011. She noted upcoming challenges to be faced for the Fiscal Year 2011-12 budget including: 1) preparation for implementation and funding of a pay plan which will place employees in a new step system consistent with agreements made with the Police Officers' Association, 2) permanently removing the furlough program, 3) responding to actual, over projected, growth of the revenue base, and 4) balancing these factors in light of a current projected structural deficit for Fiscal Year 2011-12 of $4.5 million. In May 2011 staff will bring back another two-year plan to examine the budget. Ms. Gill noted the Budget document would be made available at Office of the City Clerk, the library, and posted online and that Budget discussions would commence at the Council Meeting of. June gth, with the goal to adopt the Budget before July 1st.  PUBLIC COMMENT: None.  Agenda Item No. 10.2: Provide direction on the Request for Proposals model  for the Public Works Department RECOMMENDATION:  Elk Grove City Council Regular Meeting, May 26, 2010 Page 21 of32    Consider and provide direction as appropriate on the proposed Public Works With the aid of an overhead presentation (filed), Richard Shepard, Public Works Director / City Engineer, provided an overview of the staff report and recommendation. Currently all public works services, both professional and general, are contracted through multiple service providers. In January 2009 Mr. Shepard was hired as the Public Works Director as a City employee to manage the department and current service contracts. On March 10, six additional City employee positions were approved, with three positions intended to provide direct oversight of contracted operations, and to provide guidance on the Request For Proposals (RFP) to be drafted to solicit for a single prime vendor with subcontract support, with the exception of transit and waste management functions. The draft RFP for consideration is being broken into three primary areas of: 1) maintenance and operation areas, 2) engineering services, and 3) Capital Program delivery. The draft RFP details additional aspects to shape operations of the Public Works Department with a prime contractor and City employee oversight as follows: 1) consultant staff and sub-contract utilization will be subject to City approval, 2)work will be performed by task orders with performance measures, which limit the amount of time and materials, and seek means to address specific performance expectations, 3) evelopment-related work would implement a pay when paid system, 4) fiduciary responsibility would be transferred to the prime contractor for errors and omissions, 5) measurement standards for performance reviews would be implemented, and 6) prime contractors would be asked to address a fixed fee rate option in their proposal. The draft RFP would be evaluated on the criteria of overall responsiveness to RFP and scope of work, project team and key personnel qualifications, cost of services, use of subcontractors and mark-up on subcontract work, transition plan, and references. The evaluation committee would consist of the Public Works Director, Public Works Contract Managers, City Development Services Analyst, an industry working group representative, and a representative selected from a separate government agency. Targeted scheduling dates are to receive the proposals by July 23"4, conduct interviews in August, and present an option to award a contract in October, utilizing November and December as the transition period and to address current contract services set to expire by year end. Assistant City Manager Rebecca Craig stated that options to consider Geographic Information Systems (GIS), Information Technology (IT), and facility maintenance would return on June 9 for council review on how to proceed, as these services  Request For Proposals Model.  were not a part of the RFP for Public Works Services.  PUBLIC COMMENT: None.  Elk Grove City Council Regular Meeting, May 26, 2010 Page 22of32    Vice Mayor Detrick appreciated the draft RFP reflected an adequate weight on the criteria in evaluating use of subcontractors and resulting mark-up, and expected Mr. Shepard confirmed direction from the Council to issue the RFP in substantially Agenda Item No. 10.3: Provide direction and possible action regarding award orr rejection of bids for Street Sweeping services (continued from May 12, 2010)  such a condition would keep bids competitive. the form as presented in the draft.  RECOMMENDATION: Adopt resolution either:  1) Rejecting all bids for Street Sweeping services; or  2) Authorizing the City Manager to execute a maintenance contract with Szeremi Sweeping Service for citywide street sweeping services in the amount of $183,601 and authorizing the City Engineer to approve changes orders not Richard Shepard, Public Works Director I City Engineer, provided an overview of the staff report and recommendation. He noted proposals had been solicited for street sweeping services and, at the meeting of May 12, the proposals were recommended to be rejected as those bids were contrary to the direction received by the Council on March 10 for the City to pursue a single prime vendor for public works services. The two options before Council were to either award the project to the low bidder, or reject the bids and solicit bids for street sweeping services after the prime professional services provider was in place. Mr. Shepard noted that if the Council decided to award the contract today, those services would be contracted directly until the contract expired, then the prime contractor would solicit bids and Inr reply to Vice Mayor Detrick, Mr. Shepard noted that, upon approval, the contract could go into effect immediately and be in place by July 1, noting that submitted Vice Mayor Detrick observed that since a prime contractor was not expected to be in place until January 2011, the City could realize potentially six months of savings at the rate proposed by the lowest bidder. Mr. Shepard speculated likely more than six months as there would be a transition period to bring the prime contractor on board, conduct a bid process to identify perspective bidders, and then make a  exceed $25,000 for the term of the contract.  present the lowest bidder for City approval.  bids are only good for 60 days.  recommendation for approval by the Council.  PUBLIC COMMENT: None.  Elk Grove City Council Regular Meeting, May 26, 2010 Page 23of32    Motion: M/S Detrick/Davis to adopt Resolution No. 2010-108 authorizing the City Manager to execute a maintenance contract with Szeremi Sweeping Service in the amount of $183,601 for the citywide street sweeping maintenance services and authorizing the City Engineer to approve change orders not to exceed $25,000. The Agenda Item No. 10.4: Adopt resolution levying the Fiscal Year 2010-11 Special Taxes or Special Assessments for seven Community Facilities and Special  motion passed by the following vote: Ayes: 5; Noes: 0.  Districts  RECOMMENDATION:  Adopt resolution levying the Fiscal Year 2010-11 Special Taxes or Special  Assessments for seven Community Facilities and Special Districts.  NOTE: Council Member Davis left at 9:35 p.m. The verbal staff report was waived. PUBLIC COMMENT: None.  Motion: M/S Hume/Detrick to adopt Resolution No. 2010-109 levying the Fiscal Year 2010-11 Special Taxes or Special Assessments for seven Community Facilities and Special Districts. The motion passed by the following vote: Ayes: 4; Agenda Item No. 10.5: Introduce ordinance amending Elk Grove Municipal  Noes: 0; Absent: 1 (Davis).  Code Chapter 3.40 relating to Utility User Tax  RECOMMENDATION:  Introduce and waive the full reading, by substitution of title only, an ordinance amending Elk Grove Municipal Code Chapter 3.40 relating to Utility User Tax. Katy Baumbach, Budget Manager, provided an overview of the staff report and  recommendation.  NOTE: Council Member Davis returned at 9:37 p.m.  PUBLIC COMMENT: None.  Motion: M/S Detrick/Davis to introduce and waive the full reading, by substitution of title only, Ordinance No. 14-2010 amending Elk Grove Municipal Code Chapter 3.40 relating to Utility User Tax. The motion passed by the following vote: Ayes:  4; Noes: 1 (Hume).  Elk Grove City Council Regular Meeting, May 26, 2010 Page 240 of32    Agenda Item No. 10.6: Adopt resolution calling and giving notice to the qualified electors of the City of Elk Grove a measure relating to the Utility User Tax to be included in the consolidated General Municipal Election of November 2, 2010  RECOMMENDATION:  Adopt resolution calling and giving notice to the qualified electors of the City of Elk Grove a measure relating to the Utility User Tax (UUT) to be included in the Jason Lindgren, Interim City Clerk, provided an overview of the staff report and recommendation. Mr. Lindgren noted that approval of the resolution establishes the language of the ballot measure that will: 1) be used to notice the measure, 2) appear on all voting materials, and 3) be on the election ballot. Once the language and format of all City measures are determined, a resolution will be presented for approval to establish deadlines for acceptance of impartial analyses, arguments for and against each measure, and rebuttal arguments. Since the City consolidates its election with Sacramento County, the measure language presented int the resolution must conform to the requirements of the Sacramento County Registrar of Voters concerning layout and formatting. The Utility User Tax measure presents an ordinance to be approved by the voters of the City, and as a cost savings the resolution references a web link to the text of the ordinance, as maintained on the City website, and permits presentation of the measure question without having to pay printing costs to the County to reproduce the entire text of the ordinance on voting materials. Mr. Lindgren noted that titles for the measures are presented for consideration but are not currently included in the proposed language of the measure, Council direction would be needed to include titles with the final  consolidated General Municipal Election of November 2, 2010.  measure question. PUBLIC COMMENT: None.  Council Member Hume believed that the language presented was designed to lead voters to achieve a "yes" vote on the measure. He did not agree that the measure was a fairness issue, rather he believed it to be an additional tax that would result in a higher cost per household for houses that use cell phones. Mr. Hume noted he would not support the language of the measure as presented. He stated he was in favor of placing a measure before the voters on the issue, but not in the format Council Member Davis suggested substituting modernization in the place of fairness in the proposed measure title, to accurately reflect the language within the measure  presented in the staff report.  question  Elk Grove City Council Regular Meeting, May 26, 2010 Page 250f32    Motion: M/S Davis/Detrick to adopt Resolution No. 2010-110 calling and giving notice to the qualified electors of the City of Elk Grove a measure relating to the Utility User Tax (UUT), as amended to include the title as follows: Utility Users Tax reduction and modernization measure, to be included in the consolidated General Municipal Election of November 2, 2010. The motion passed by the following Agenda Item No. 10.7: Adopt resolution calling and giving notice to the qualified electors of the City of Elk Grove measures relating to the Elective Office of Mayor to be included in the consolidated General Municipal Election of November 2, 2010 Adopt resolution calling and giving notice to the qualified electors of the City of Elk Grove measures relating to the Elective Office of Mayor to be included in the Jason Lindgren, Interim City Clerk, provided an overview of the staff report and recommendation. Mr. Lindgren noted a "green sheet" memo (filed) which detailed continuing discussion with the Sacramento County Registrar of Voters (ROV) regarding the allowed formats that ballot measure questions can be presented, and whether there is an opportunity to reduce costs by presenting two separate contests, rather than three, for measures relating to the directly elected mayor. Each question that goes before the voters incurs a cost estimated at $8,150. In order to pose the question of directly elected mayor, the Government Code prescribes three distinct questions; the first asks voters if they want a directly elected mayor, followed by two additional questions asking what the term of office for the directly elected mayor would be (either a two year term or a four year term). At the time of writing the staff report, the guidelines from the ROV required that measures be limited to 75 words and be posed as YES /NO questions. Currently staff is pursuing the option with ROV to see if they would allow combining the term questions by having options of TWO YEARS IF FOUR YEARS as the answer to a single question regarding term of office, creating the potential to merge the term of directly elected mayoral office measure questions to one question to save on cost. Council Member Davis inquired if there was flexibility on how the question was worded in order to present a measure question in a straight-forward manner, such as, "Shall the electors of Elk Grove directly elect a mayor, yes orno" Mr. Lindgren replied in prefacing discussion of changing wording, the City has discretion by having a 75 word limit for each measure question. For the particular questions regarding the directly elected mayor, the Government Code gives direction as to how questions are to be posed, but the opportunity may exist to  vote: Ayes: 4; Noes: 1 (Hume).  RECOMMENDATION:  consolidated General Municipal Election of November 2, 2010.  embellish beyond standard, prescribed language.  Elk Grove City Council Regular Meeting, May2 26,2 2010 Page 26of32    City Attorney Susan Cochran noted that when the question has been presented in other jurisdictions, those jurisdictions have chosen to use the language prescribed Council Member Davis inquired if three questions could be presented to simplify the matter and address the following topics: 1) "Do you want a directly elected mayor", 2)"Do you want the term of office to be two or four years", and 3) "Do you want the Ms. Cochran stated that the questions cannot vary from the Government Code format, and one element in asking the directly elected mayor question requires that the number of council member seats be specified. Mr. Davis posed running two conflicting measures to ask the directly elected mayor question both with four council seats and the second question with six council seats, allowing the measure Council Member Hume observed that having dual questions of asking for a directly elected mayor, in addition to district reconfiguration in the same question, may be construed as presumptive, or could confuse individual issues that are being asked Mr. Lindgren noted that the City of Elk Grove, as a General Law city currently consisting of five council seats, only has the current ability to ask the voters if they want a directly elected mayor and to reduce down to four seats. In order to engage a question about creating additional districts, additional steps would first be required that the City would not be able to prepare prior to the November 2010 election. Council Member Cooper believed the measure questions should be presented in as simple as a manner as possible to ensure each individual question is easily  by the Government Code.  remaining council to consist of four or six members?"  receiving the most votes to rule.  of the voters.  understood. PUBLIC COMMENT:  Leo Fassler believed that the manner in which the directly elected mayor questions are posed in the Government Code was confusing and could be construed that voters would lose the ability to vote for any elected office seats. He suggested starting with a question posing whether the public agreed with the current manner in which the mayor was selected. Then, if voters voiced they did not approve of the current method, to then ask for a directly elected mayor and the term questions. Sharon Lynes believed the questions were too vague and confusing. She felt the format of the question pushed the directly elected mayor issue by the choice of words being used. Ms. Lynes asked if it was possible to delay asking term length questions to a subsequent election, inquiring if all of the questions were required to  be on the same ballot.  Elk Grove City Council Regular Meeting, May 26, 2010 Page 27of32    Mr. Lindgren noted that for a measure the Council has discretion to use up to 75 words, sO a question could be posed as prescribed by the Government Code, and following the question additional description could be provided to frame the Ms. Cochran stated there is the ability to address the effects of the measure in the By consensus the Council directed the item be continued to the June 9, 2010 regular meeting to await direction from the Sacramento County Registrar of Voters, and requested staff present draft language to describe the effect of a "yes" or "no" Agenda Item No. 10.8: Adopt resolution calling and giving notice to the qualified electors of the City of Elk Grove two Advisory Question Measures relating to the number of council member residency districts to be included in the consolidated  question, or detail the effect of a "yes" or' "no" vote.  impartial analysis.  vote on the directly elected mayor measure.  General Municipal Election of November 2, 2010  RECOMMENDATION:  Adopt resolution calling and giving notice to the qualified electors of the City of Elk Grove two Advisory Question Measures relating to the number of council member residency districts to be included in the consolidated General Municipal Election of Jason Lindgren, Interim City Clerk, provided an overview of the staff report and recommendation. Mr. Lindgren noted a "green sheet" memo (filed) which detailed posing the Advisory Question in one measure, rather than as two conflicting  November 2, 2010.  measures. PUBLIC COMMENT:  Damon Mireski requested and received clarification that if the resolution is approved, it would place the proposed advisory measure question on the November Sharon Lynes believed that the two questions posed in the staff report assumed the directly elected mayor issue would pass, apparently forgoing options to remain at five council district seats. She favored the one question format presented in the green sheet memo which focused on the issue of the number of districts, and clarified the effect whether or not there was a directly elected mayor. Mr. Lindgren clarified to Ms. Lynes that advisory measures have no controlling effect and can be viewed as a poll of the opinion of the general voting public. The result of the advisory measure question would be used as a guide for the Council during the process of redistricting, and would frame initial direction for redistricting  2, 2010 general municipal election ballot.  Elk Grove City Council Regular Meeting, May 26,2010 Page 280f32    as to whether consideration will be given for expanding the number of representative district seats, or to remain at five elected representatives. Motion: M/S Detrick/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 Motion: M/S Hume/Detrick to adopt Resolution No. 2010-111 calling and giving notice to the qualified electors of the City of Elk Grove an Advisory Question Measure relating to the number of council member residency districts to be included int the consolidated General Municipal Election of November 2, 2010 as amended and presented in the green sheet. The motion passed by the following vote: Agenda Item No. 10.9: Requested formation (continued from May 12, 2010) of Ad Hoc City Council Subcommittee to review possible violation(s) of the City Code  motion passed by the following vote: Ayes: 5; Noes: 0.  Ayes: 5; Noes: 0.  of Ethics  RECOMMENDATION: appropriate. this item.  Discuss the formation of an Ad Hoc City Council subcommittee for the purpose of reviewing possible violation(s) of the City Code of Ethics and direct staff as Council Member Hume stated that he would recuse himself from the discussion of  NOTE: Council Member Hume left at 10:04 p.m.  Laura Gill, City Manager, provided an overview of the staff report and  recommendation. PUBLIC COMMENT:  Steve Lee stated he was embarrassed to see an item of this nature before the Council. He believed that the actions of Council Member Hume were not an isolated incident, but a pattern of abuse over a three year period. He believed that because City computers were used, and actions were conducted on City property and within earshot of City staff, it made the matter a City issue. Mr. Lee described that presiding bodies of professional sports organizations take actions to reprimand players for abhorrent behavior, and also provide counseling and programs to address and correct such behavior. Mr. Lee stated his disappointment with Mayor Scherman, as earlier in the year she initiated an ethics investigation at taxpayer expense on another member of the Council, and currently she refuses to investigate  the current alleged matter.  Elk Grove City Council Regular Meeting, May 26, 2010 Page 290f32    Linda Ford paraphrased a threat she stated was issued from Mr. Hume to Constance Conley which included threats to ignite personal items on fire in the driveway of her residence, and a response by Mr. Hume disregarding potential hazards and the safety of occupants of the home. Ms. Ford stated she was present on September 18, 2009 when Police Chief Robert Lehner stated the incident had been brought to his attention by both Mr. Hume and Ms. Conley. Ms. Ford recollected that further along in the conversation Chief Lehner told Ms. Conley not tobe surprised if Mr. Hume continued to "punish" her. Ms. Ford stated that such continued punishment" came in the form of text messages sent by Mr. Hume to Ms. Connelly on December 16, 2009. She believed the allegations rose above ethics violations and in this case were of a criminal nature. Ms. Ford believed the Council should pursue filing a complaint and should consider the Sacramento Grand Jury or Dannetta Garcia believed Mr. Hume was a bully and has a history of treating others with insensitivity. She stated the issue before the Council is about the process, and urged the Council to use of the Code of Ethics as a way to lead. Ms. Garcia recognized the issue could be resolved by taking the matter before the voters, but felt a better reflection of leadership would be instantiating a proper process now to Lynn Wheat believed that political bodies face difficulty in effectively addressing morals, values, and ethics through legislation, regulation, and committees, and ultimately such choices are the decision of individuals. A governing body that focuses on the actions of an individual member detracts from the business the body was elected to address, and the voters will express their opinion of an individual's personal affairs, in addition to the effectiveness and representative actions that elected officials conduct themselves. She urged the Council to return its attention on protecting the individual rights, financial station, and betterment of its citizenry Council Member Cooper stated he asked the item be brought before the Council as he had concerns regarding the nature of the allegations, and he believed action needed to be initiated under the authority of the Mayor. He noted that formation of ac committee may not be necessary, but believed initiating a request that the matter be investigated to an agency, such as the Grand Jury, may be the appropriate next Council Member Davis expressed his disappointment that the matter was before the Council, placing elected officials in a position to have to pass judgment on a colleague. He stated his dilemma that in initiating an investigation there was no mechanism in place for the Council to either conduct or take action on such matters. He believed that the matter was procedural more than substantive, and should be brought to the attention of agencies that have jurisdiction to address the nature of the allegations. Mr. Davis proposed a request should be initiated by the City to the  the State Attorney General.  protect the citizens.  and to focus on issues affecting the City.  step.  Elk Grove City Council Regular Meeting, May 26,2010 Page 30of32    Grand Jury to investigate the matter, and that in taking such a step the Council should be prepared to implement the recommendations that come back from the Vice Mayor Detrick noted he had tried to bring policy back to include enforcement of the City Code of Ethics but that effort was denied by the Council. He stated disapproval of any criminal actions conducted by a Council member, and believed authorities of the proper jurisdiction should investigate and pursue any actions necessary. Mr. Detrick believed other options could be pursued outside of action by the Council such as individuals filing civil suits or citizens expressing opinions by Mayor Scherman noted the City of Elk Grove has had a past of issues going before the Grand Jury, and she believed such a pattern of allegations and investigations would continue for the City's foreseeable future. She believed placing such investigations in the hands of authorities with appropriate jurisdiction was appropriate, but at a certain point there is no action that is appropriate for the Council, as a legislative body, to take in response to such investigations. Vice Mayor Detrick stated that in this instance there was no member of the citizenry that brought this matter forward, but rather Council Member Cooper asked the item be brought for Council review. In that vein, the matter at hand was an example of how the Council can maintain the integrity of the body and to hold each other Council Member Cooper confirmed he was not influenced by others in his decision to bring the matter to the Council. He had heard the allegations and, as a law enforcement officer, believed the allegations were of a nature that warranted Mayor Scherman agreed the Council should request the Grand Jury investigate the matter and requested the Council provide direction on how to proceed with filing a Council Member Davis believed the substance of the letter should refer to what was heard from the residents and that the City should initially forward copies of the tapes, testimony, and all written evidence, to be packaged along with the letter Vice Mayor Detrick inquired if the letter would be open to the public, to which City Attorney Cochran noted the letter to the Grand Jury would be a public record, but recognized that much of the evidence the City currently possesses was with the investigative file of the Police Department that may or may not be subject to release  Grand Jury.  their vote.  accountable.  investigation.  claim.  requesting that the Grand Jury investigate the allegations.  to the Grand Jury.  Elk Grove City Council Regular Meeting, May 26, 2010 Page 31 of32    Council provided direction for the City Attorney to prepare a draft letter of referral for signature by the Mayor, to be reviewed and approved by the Council, requesting the Sacramento Grand Jury consider investigation of the allegations of possible Agenda Item No. 10.10: Consider appointment of one at-large member to the  violations of the City Code of Ethics by Council Member Hume.  Historic Preservation Committee RECOMMENDATION:  Appoint one at-large member to the Historic Preservation Committee.  Jason Lindgren, Interim City Clerk, provided an overview of the staff report and  recommendation. PUBLIC COMMENT: None.  Motion: M/S Cooper/Detrick to adopt Resolution No. 2010-112 appointing Robert King as an at-large member to the Historic Preservation Committee. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Hume). Vice Mayor Detrick noted Jimmy Johnson was a strong applicant with his background, but since he is running for elected office, Mr. Detrick did not believe  Mr. Johnson should be appointed to City boards.  ADJOURNMENT  With no additional business to conduct, the May 26, 2010 City Council meeting was  adjourned at 10:29 p.m. in memory of Jeannie Womack.  LINDGREN INTERIM CITY CLERK  A  ATTEST:  hL AL SOPHIA SCHERMAN, MAYOR  Eik Grove City Council Regular Meeting, May 26, 2010 Page 320 of32