CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, May 12, 2010  CALL TO ORDER/ROLL CALL  Mayor Scherman called the regular City Council meeting of May 12, 2010 to order  at 6:05 p.m. Present: Absent:  Mayor Scherman, Vice Mayor Detrick, Council Members Cooper,  Davis, and Hume None.  Interim City Clerk Jason Lindgren led the Pledge of Allegiance. Mayor Scherman asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion #1: M/S Cooper/Davis to continue item 10.6 to the Regular meeting of May 26, 2010 and approve the remainder of the agenda as presented. The motion Motion #2: M/S Detrick/Scherman to hear item 10.1 after Presentations. The  passed by the following vote: Ayes: 5; Noes: 0.  motion passed by the following vote: Ayes: 5; Noes: 0.  CLOSED SESSION None.  PRESENTATIONS/ANNOUNCEMENTS  4.1 With the aid of an overhead presentation (filed) Integrated Waste Program Manager Cedar Kehoe and Kevin Hoover, Allied Waste Supervisor, announced 2.5 tons of shoes were collected for the Earth Week 2010 Nike Reuse-A-Shoe Collection, and presented $1,000 to award winners Foulks  Ranch Elementary School and Laguna Creek High School.  4.2 Elk Grove Chamber of Commerce Interim Executive Director Rita Velasquez gave a presentation regarding new "Fantastic Fridays (and Saturdays &  Sundays)" shop local program.  Elk Grove City Council Regular Meeting, May 12,2010 Page 1of19    4.3 Mayor Scherman presented a proclamation to the Adult and Aging  Commission recognizing May as Older American's Month.  NOTE: Council Member Cooper left at 6:20 p.m.  4.4 Council Member Hume presented a proclamation to Police Captain Bryan Noblett recognizing May 9 to 15, 2010 as National Police Week. 4.5 Council Member Davis presented a proclamation to Steven Hiatt, Vice President of Nolte Associates, Inc. representing the American Public Works Association, recognizing May 16 to 22, 2010 as Public Works Week. 4.6 Transit System Manager Tiffani Fink, gave a presentation regarding May is Bike Month, noting promotional activities conducted throughout the month culminating in a presentation in June for awards in five categories to riders who accumulate the most bicycle mileage in the month of May.  4.7 With the aid of an overhead presentation (filed) Youth Commissioners Salvador Rosas, Ryan Stewart, and Daniel Dixon provided an update on the Youth Commission. The commissioners reported on attending a Police Activities League sponsored leadership workshop, and showed an installment of an online video campaign to promote quality of life in Elk Grove, promoting prevention of substance abuse among teens.  NOTE: Item 10.1 was moved after Presentations and considered separately as Agenda Item No. 10.1: Adoptresolution promoting awareness of the dangers of  indicated below. texting while driving RECOMMENDATION: PUBLIC COMMENT: None.  Adopt resolution promoting awareness of the dangers of texting while driving.  Motion: M/S Detrick/Davis to adopt Resolution No. 2010-87 promoting awareness of the dangers of texting while driving. The motion passed by the Vice Mayor Detrick presented the resolution to Donna Burke, Executive Director of Mayor Scherman noted the City would submit a similar resolution for consideration to the League of California Cities for the September 2010 Annual Conference and  following vote: Ayes: 4; Noes: 0; Absent: 1 (Cooper).  External Affairs with AT&T.  Exposition.  Elk Grove City Council Regular Meeting, May 12, 2010 Page2of19    PUBLIC COMMENT  Ken Johnston, President of the Elk Grove Western Festival, reported on the success of the 53'd Annual Elk Grove Western Festival event which hosted a record crowd, with no incidents, providing entertainment for all ages. Mr. Johnston presented a plaque to the Council in appreciation of the City's sponsorship of the Norm DeYoung appreciated the attendance of Mayor Scherman and Vice Mayor Detrick at the Western Festival Parade and the continued support of the City in John Siragusa introduced himself as the Interim Regional Vice President for MV Transportation, replacing Jay Jeter. Mr. Siragusa, a 17 year employee of the Genevieve Shiroma spoke in opposition of Proposition 16, the two-thirds vote requirement for local public electricity provision that would come before voters on the June 8, 2010 Primary Election. She reported that the Sacramento Municipal Utility District (SMUD) Board voted to oppose this proposition, along with a number of California Manufacturers Associations, because of the content relating to expanding to new customers. She noted that the inclusion of this language would create a level of risk in trying to draw in new businesses. Ms. Shiroma urged voters to thoroughly examine all informational campaigns regarding Proposition 16, and to Connie Conley commended the Youth Commission on its progress and continued development, noting that the community effort to assist and support the Youth  festival.  sponsoring the Elk Grove Western Festival.  company, was the former' Vice President of Operations.  vote against the proposition.  Commission was well worth the investment. GENERAL ADMINISTRATIONINFORMATION COUNCIL COMMENISFUTURE AGENDAITEMS  City Manager Laura Gill reviewed the May 12, 2010 Administrative Report (filed). Reports on Regional Boards, Commissions, Committees; Travel/Training Expenditures Disclosure (in accordance with Resolution 2009-212 and Government  Code $ 53232.3(d):  Mayor Scherman reported on the following:  Attended the Cap to Cap trip to Washington D. C. meeting with Senator Barbara Boxer, Senator Dianne Feinstein, and Congresswoman Doris Attended the Sacramento Public Library Authority Board meeting; Attended the Senior Center Board which presented the slate of officers and  Matsui;  discussed the budget;  Elk Grove City Council Regular Meeting, May 12, 2010 Page 3of19    Reported that the Sacramento Employment and Training Agency (SETA) sought employer work sites for their summer youth employment program, funded by $2.9 million in federal recovery funds, seeking employment Took part in a creating a video with Elk Grove Chamber of Commerce Interim Executive Director Rita Velasquez to promote Fantastic Fridays; Attended fundraisers for Elk Grove Adult Community Training (EGACT), Senior Center high tea, and the Cosumnes River College Foundation Gala Attended Chamber of Commerce luncheons and the Food Bank open house; Gave speeches on opening day for Healthy Kids Fair and on opening day of  opportunities for up to 930 local youths, ages 16 to 21;  Held a monthly town hall meeting;  2010 event;  Attended the Police Department award dinner; Took part in the Western Festival Parade; Attended the Cinco de Mayo Fiesta for City employees; and Support California Kids for Public Education.  Council Members voiced agreement with Mayor Scherman to prepare a Certificate of Recognition for retiring Cosumnes Community Services District Fire Chief Steve Foster, as well as certificates for the newly appointed Fire Chief Tracey Hanson and  Deputy Chief John Michelini.  Council Member Hume reported the following:  Attended the Sacramento Regional Transit District (RT) Board meeting where budget discussions took place, and were continued to June. Mr. Hume noted that budget cuts included Paratransit reductions up to $3.5 million, to which RT is considering to drop Tier 2 trips, which are those that either originate or end up within Paratransit service area, but not both, as RT is only required to do Tier 1. He saw the potential of RT to drop such service which could place higher demands on e-van, as the City provides both Tier 1 Anticipated that the Thursday meeting of Sacramento Transportation Authority (STA) Board was expected to include in budget discussions estimates of sales tax revenue increases across the region for the upcoming Noted the Capital SouthEast Connector Joint Powers Authority Board would Attended the Cap to Cap trip to Washington D. C. and reported that Senator Dianne Feinstein had included the Grant Line Union Pacific Railroad Overcrossing Project under the annual appropriations for approximately $2 Attended Old Town's First Friday event noting several merchants were  and 2 trips for residents.  fiscal year;  meet on Friday May 21;  million; and  reporting increased foot traffic and sales.  Elk Grove City Council Regular Meeting, May 12, 2010 Page 4of1 19    Mr. Hume noted receiving complaints both from businesses and landlords feeling displaced because of operating in a zone that's not a use area, with examples such as cheerleading camps and similar beneficial businesses providing youth oriented activities in industrial zoned properties. He was mindful to not want to tie up potential industrial space with nonindustrial uses, but wanted to place a future The City Council agreed to hear such an item on a future agenda, with Vice Mayor Detrick cautioning that, with limited industrial zoning, the allowed alternative, short- Council Member Davis reported attending the Sacramento Metropolitan Air Quality Management District Board which discussed the budget, including potential personnel reductions. He reported attending an event for Support California Kids, wwsuporCakdscom, whose mission is to get communities involved in advocating to the legislature on education issues. Mr. Davis reported attending the Sacramento County & Cities Board on Homelessness. The Board discussed raising funds for permanent housing, transitional housing, and food banks. He noted the board was aware of an estimated 29 to 30 homeless in Elk Grove, and the Board discussed that permanent facilities in Elk Grove would aid in serving the Elk Grove and regional homeless population. Mr. Davis believed the City could take steps to move forward to serve the Elk Grove homeless population while at the same time Vice Mayor Detrick reported that the Sacramento Metropolitan Cable Television Commission Board meeting was cancelled. He attended the Western Festival, taking part in the parade. Mr. Detrick attended the Mayor's Cup in Placer County. He noted being inspired to work towards coordinating a similar event for regional elected officials to compete, representing their respective local nonprofits as a fund raising opportunity, and creating a regular event forum to foster regional networking. He attended the First Friday event and the Cosumnes River College Foundation Gala 2010 event. He noted that it was National Nurses Week and that May 12 was National School Nurses Day. Vice Mayor Detrick announced that July 3rd, is the 6th Annual Run 4 Independence, www.runeindependence.com, 10K Championship, 5K Run/Walk, of which organizers have a goal to get 4,000 runners or walkers in the  agenda item to look at options in mediating such zoning uses.  term uses may block long-term, potential industrial use clients.  looking at opportunities to take advantage of regional resources.  event.  CONSENTCALENDARITEMS  Motion: M/S Detrick/Davis to approve the Consent Calendar as presented, with the exception of Item 8.6, which was considered separately. The motion passed  by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Cooper).  Elk Grove City Council Regular Meeting, May 12, 2010 Page 5of19    Agenda Item No. 8.1:  Received Automatic Clearing House Nos. 1229 through  1429 dated April 1, 2010 through April 30, 2010, General Warrant Nos. 52713 through 53228, and Electronic Fund Transfer Nos. 2010118 through 2010136  Agenda Item No. 8.2: Agenda Item No. 8.3:  Approved City Council Meeting Minutes: 1) April 28, Received report on City Manager approved purchases  2010 Special Meeting, and 2) April 28, 2010 Regular Meeting  and contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and  Purchasing, filed through May 5, 2010  Agenda Item No. 8.4: Qualifications, and Bids Agenda Item No. 8.5:  Received report on Requests for Proposals, Resolution No. 2010-88 adopted authorizing the City  Manager to execute a Memorandum of Understanding with the Sacramento Municipal Utilities District regarding the use of Energy Efficiency and Conservation Block Grant funds sub-granted to enhance the Sacramento Regional Energy  Alliance AgendalemNo.S.: services Agenda Item No. 8.7:  Adopt-resolston-rejeepdingalbac-ler-Stret-Sweepang Resolution No. 2010-89 adopted authorizing the City  Manager to enter into a Land Lease with Freeport Ventures, LLC for the Real Property located 9108 Elk Grove Boulevard for use as a Public Parking Lot  Agenda Item No. 8.8:  Resolution No. 2010-90 adopted authorizing the City  Manager to execute two Amended and Restated Joint Community Facilities District Agreements with the County of Sacramento to reallocate Laguna West and Lakeside Community Facilities District savings to the Harbour Point Drive Median Note: Item 8.6 was removed from the Consent Calendar as indicated below.  and Rehabilitation Project  Agenda Item No. 8.6: services  Adopt resolution rejecting all bids for Street Sweeping  Vice Mayor Detrick requested the item be continued to explore the opportunity to enter into the street sweeping contract, and realize the estimated cost savings of $193,000, while the Request for Proposals for Public Works Services was Public Works Director Richard Shepard responded that the only time sensitivity is a 60 day period to award a contract after receipt of the bid, which for this bid would  evaluated.  Elk Grove City Council Regular Meeting, May 12, 2010 Page 6of1 19    expire June 8th. He noted there is no urgency for service provision as the services City Attorney Susan Cochran added that the Request For Proposals for Public Works services would come before the Council on the May 26, 2010 agenda. By consensus the Council agreed to move item to the regularly scheduled meeting  are currently being provided under a sub-contract.  of May 26, 2010. PUBLIC HEARINGS Agenda Item No. 9.1:  A public hearing to consider the appeal by "Residents  of the Meadow Springs Area" of the Planning Commission decision on April 1, 2010 to approve the Clearwire Wireless Monopole Conditional Use Permit (EG-10-006) located at the Meadow Springs Sacramento Municipal Utilities District site in the Big Horn substation, south of Big Horn Boulevard, and west of Hidden Springs Way  (Project No. EG-10-024; APN: 119-1070-003)  RECOMMENDATION  Staff recommends that the City Council affirm the decision of the Planning Commission approving a Conditional Use Permit for the Clearwire Wireless project. Alternatives to the staff recommendation include the following actions: 1) Reverse the decision of the Planning Commission and deny the project; 2) Modify the Planning Commission's approval (such as by revising or adding 3) Continue the Clearwire Wireless project and/or direct the applicant to make With the aid of an overhead presentation (filed), Adam Petersen, Project Planner, provided an overview of the staff report and recommendation. In reply to Council Member Hume, Mr. Peterson noted that the City did not have the information of the height of the existing transmission tower in the project area, but did confirm the towers are taller than the 55 foot tall monopole of the proposed project. Mr. Peterson provided visual simulations of the proposed placement of the monopole from views looking southwest, northeast and east. He noted in relation to devaluation of property issue raised in the appeal that staff had found no conclusive research on how wireless facilities affect property values. In regards to the appeal's environmental concerns, he stated that the project is generally consistent with the surrounding environment, that the site is proposed to be constructed inside the Sacramento Municipal Utilities District (SMUD) substation on a gravel surface; that the monopole design complies with United States Fish and Wildlife Service Guidelines; and that project is exempt under California Environmental Quality Act Guidelines Section 15303 relating to new construction or conversion of small  conditions of approval); or changes as necessary.  Elk Grove City Council Regular Meeting, May 12,2010 Page7of19    structures. He also noted that the project has complied and was issued a license for the facility from the Federal Communications Commission (FCC).  Mayor Scherman declared the public hearing open.  PUBLIC COMMENT:  Marcene Gandolfo raised concern of adverse effects on the environmentally sensitive wetland areas surrounding the project site. She noted that when moving into her home that she was informed the area behind the neighborhood houses would be maintained as a greenbelt and nothing would be built to decrease property value. She submitted pictures (filed) noting the area as a wetland preserve and historical district, and noted that County records designated the area as a floodplain Marsha Scribner, representing the appellant group Residents of the Meadow Springs Area replied to Council Member Davis that the environmental concerns do not concern the placement on the grounds of the SMUD substation, but rather the 55 foot tall pole and its effect on birds, particularly protected species, whose habitat is t the surrounding wetland area. Ms. Scribner suggested alternative placement of the towers, such as on interstate or boulevard median strips. She disagreed that there are no significant effects to the wetland noting the possibility of effects from radiation to wildlife, and safety hazards to wildlife using the equipment as nesting sites. Ms. Scriber cited a New York Times article dated May 6, 2010 concerning opposition to new cell phone towers in San Francisco and Los Angeles Counties, including moratoriums and stringent design guidelines established by the City of Glendale. She believed allowing transmission pole projects are motivated only to generate revenue. Ms. Scribner closed noting that real estate agents relate that property values are affected by proximity to electrical towers, but that this impact quickly diminishes when the towers are distant; for the proposed project the pole is Thomas Gillaspy requested reconsideration of the project to explore possible alternative locations remote from residential uses. He believed the project will negatively affect the property value of the surrounding communities, and cited the Appraisal Institute, the largest global organization for appraisers, which states that proximity to a cell tower could cause a percentage decrease in home value from 2% to 20% (with the percentage moving toward the higher range the closer to the property). Mr. Gillaspy stated that depreciated homes negatively affect the owners, David Jones, a resident who lives across the wetland area, observed that the visuals in the staff presentation did not justify the imposing appearance or proximity  and historical district.  20 feet away from some homes.  and have residual effects such as diminished property taxes.  of the proposed pole to the homes in the community.  Elk Grove City Council Regular Meeting, May 12, 2010 Page 8of19    Jazmine Verrett spoke in opposition to the project believing other locations were available to site the project, and that this site was selected strategically to avoid reporting requirements as five similar projects have been built in the neighborhood. She felt that existing technologies could be used to serve the community without needing additional towers, and she cautioned of unknown health hazards that may one day be attributed to transmission towers. Ms. Verett did not believe an adequate environmental assessment was done, nor adequate public notice as there Reggie Jardon felt the project could congest the arrangement of pre-existing electrical equipment creating potential safety hazards, which could also be detrimental to local wildlife. He suggested exploring alternative locations such as Jeff Lienert, representing the project applicant Clearwire Wireless, stated that all City zoning requirements and National Environmental Policy Act (NEPA) requirements had been met. He noted that in regards to the site location that collocated options are desirable. He described pre-existing towers in and around the neighborhood, noting restrictions to collocate as the towers were either owned by competitors, were directly in wetlands areas, or placement of additional equipment would exceed public utility safety requirements. He noted the project site of the utility substation provided a developed area without the before mentioned restrictions, and noted that future access to the facility would not disturb the Inr reply to Vice Mayor Detrick, Mr. Lienert explained that the facility would operate at a frequency of less than 1/10"h of one percent of FCC guidelines and industry Council Member Davis asked for clarification on the need to site the project at this particular location. Mr. Lienert responded that in providing wireless internet services, the low power of the poles requires a coverage area approximately three quarters of a mile in diameter to carry a certain bandwidth and handle user capacity. Clearwire Wireless coverage shows the footprint for this site and how it would handoff to the coverage in the north, south, east, and west. The location would strengthen the network by reusing surrounding site channels, and it would minimize the amount of overlapping coverage (which is not desirable as it causes frequency interference and problems in the network). Mr. Lienert clarified that for the purposes of supporting the network, the pole could not be constructed any lower Council Member Hume replied, in relation to Council questions regarding health risks, that according to FCC guidelines, and projects that meet FCC guidelines, the City cannot use health hazard concerns as a reason to deny the application.  was a lack of community outreach for the project.  near the Sacramento Regional County Sewer Treatment Plant.  surrounding environment.  standards.  than the proposed 55 foot height.  Elk Grove City Council Regular Meeting, May 12,2010 Page 90 of19    City Attorney Cochran cited 47 U.S.C. Section 332(c)(7)B)v) confirming that local government agencies are preempted from denying a project on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC's regulations concerning such emissions. Ms. Cochran provided the applicant's Maximum Permissible Exposure (MPE) calculations (filed). Sally Jardon raised concern that if local government has no say on the placement of towers, then it would seem they could be placed anywhere in any amount. Council Member Hume noted that any proposed tower would need to be in compliance with FCC guidelines. He noted that for this project, because the model is smaller with less frequency, it is permissible in this instance; but each future proposed tower will Ms. Scribner noted the Telecommunications Act of 1996 was the last major legislation regarding telecommunications law, and currently agencies are asking questions on the validity and application of these guidelines in the face of advancing technology. She inquired what the City of Elk Grove could do to regulate similar project installations if other agencies are effectively approving local regulations. City Attorney Cochran noted that the City Council in Glendale adopted an ordinance setting forth certain aesthetics concerns, and reiterated that local government agencies cannot ban such projects outright. The City of Elk Grove has not adopted any aesthetics standards and currently only requires a Conditional Use Permit.  be taken on a case by case basis.  Mayor Scherman declared the public hearing closed.  Vice Mayor Detrick noted that utility easements are disclosed to home buyers and that utility companies have a right to build on those facilities. Mr. Detrick provided clarification on typical pole and tower sizes, offering that streetlight poles run 25 to 30 feet tall; distribution poles are usually 40 to 50 feet tall; and steel transmission poles are between 50 and 75 feet tall. In relation to the environmental concerns, Mr. Detrick noted that many utility companies encourage nesting on poles by installing lower cross-arms intended for use as nesting areas for birds. He noted that the electric magnetic field that's coming out of the substation currently is far Council Member Hume appreciated the project conforming to City policy for collocation, and although the project does not collocate on an existing tower, it does Mayor Scherman agreed with the comments of Vice Mayor Detrick and Council Member Hume, and noted that as the project was in compliance with FCC  greater than what would be produced by the proposed project pole.  SO within an existing substation developed area.  regulations.  Elk Grove City Council Regular Meeting, May 12, 2010 Page 10of19    Council Member Davis stated he would support the neighbors' opposition to the project, and believed that federal government regulations in conflict with local needs Motion: M/S Hume/Detrick to adopt Resolution No. 2010-91 approving a Conditional Use Permit for the Clearwire Wireless project. The motion passed by the following vote: Ayes: 3; Noes: 1 (Davis); Absent: 1 (Cooper).  should not dictate local policy decisions and outcomes.  Agenda Item No. 9.2:  A public hearing 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: 116-0022-005)  RECOMMENDATION  Adopt resolution approving a Letter of Public Convenience and Necessity for a Type With the aid of an overhead presentation (filed) Adam Petersen, Project Planner, provided an overview of the staff report and recommendation. Mr. Peterson noted that the type 20 license is needed as the California Department of Alcoholic Beverage Control (ABC) identifies the project site as a high crime area with an overconcentration of sale sites in the area. In response to ABC's issues, Mr. Peterson noted that the Elk Grove Police Department provided conditions of approval regarding business operations and practices for the project, and he displayed neighboring locations that sell alcohol in the vicinity of the project noting that the majority are located along Laguna Boulevard (with the only two locations allowed off-site sale of beer and wine as the Target and the Savemart stores). In response to Council Member Davis, Mr. Peterson replied that under the zoning code the business site would be classified as a convenience store because the square footage isn't large enough to be classified as a grocery store, but, as a business, they have no pharmacy but do sell food items and meat making it similar  20 alcohol license for Toledo's Mexican Market, project EG-10-017.  to market / grocery store.  Mayor Scherman declared the public hearing open.  Maria Tovar, applicant, portrayed her understanding of the responsibility as a business owner offering off-site alcohol sales by complying with the law, such as not selling alcohol to minors. Ms. Tovar noted the business primarily sells specialty meats, the sale of alcohol would be a convenience for customers who shop for the  specialty products offered at the carniceria.  PUBLIC COMMENT:  Elk Grove City Council Regular Meeting, May1 12,2010 Page 11of19    Pat Robbins, resident of the neighborhood east of the project site, reported numerous problems with activities of businesses and patrons of the entire strip mall site since its construction. He noted that the access road, which was intended to be af fire lane, was never classified as such. As a result, with no red curb markings, conditions of approval that dictated store deliveries would only occur in the front, now have deliveries in the back on the access road a majority of the time. Mr. Robbins had contacted the Police Department, but because the access road is not a fire lane, parking is permissible. He complained of littering, loitering, and noise issues including those related to deliveries occurring on the access road. He noted in 2008 there was an application for a Circle K convenience market two doors down that at some point was not approved. Mr. Robbins did not believe the site was appropriate for alcohol sales, due its proximity to the Wackford Community and Aquatic Complex, as numerous youths travel in and around the area. William Butler stated he has known the applicant for several years and attested to their integrity and responsibility as business owners, noting they have operated another family run establishment in Sacramento County for over 10 years. He reported he had always seen deliveries at the front of the store and noted the area  was clean and neat.  Mayor Scherman declared the public hearing closed.  Council Member Davis believed the concerns raised by the resident were valid as Code Enforcement issues and should be pursued separately, but should not be associated in deciding on this issue as he believed the request by the specialty Vice Mayor Detrick had requested to see the map to examine the proximity of other alcohol sales in the area. Though he commended the good business model, he believed there were enough locations in the area to service needs, and another off- Mayor Scherman raised concern regarding the crime summary and did not believe In reply to Council Member Hume, Police Captain Bryan Noblett reported that staff would have to examine the feasibility of providing a per capita breakdown of the crime summary in order to provide a better comparison of the crime rate in this Motion: M/S Davis/Hume to continue the item to the regular meeting of May 26, 2010. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1  market was an appropriate use.  site alcohol sales location was not needed.  the location was appropriate for additional alcohol sales.  highly populated area as compared with the rest of the City.  (Cooper).  Elk Grove City Council Regular Meeting, May 12, 2010 Page 12of19    Agenda Item No. 9.3:  A public hearing to consider resolutions 1) approving  the Negative Declaration for the Parks and Recreation Master Plan, and 2) adopting  the September 2009 Parks and Recreation Master Plan  RECOMMENDATION Adopt resolutions: and  1) Approving the Negative Declaration for the Parks and Recreation Master Plan, 2) Adopting the September 2009 Parks and Recreation Master Plan.  With the aid of an overhead presentation (filed) Jessica Shalamunec, Planning Manager, provided an overview of the staff report and recommendation. She noted that the Parks and Recreation Master Plan does not establish any future locations of parks as that would come through the General Plan process or individual development projects. Ms. Shalamunec stated that the Parks and Recreation Master Plan that does pertain to City discretion related to land acquisition goals, reiterating state law Quimby Act standards of 5 acres of park land for 1,000 residents, and provides for acquisition of additional park lands through alternative Council Member Hume questioned the source of funding sources of $314 million Fred Bremerman, Management Analyst with the Cosumnes Community Services District (CCSD), replied that preparation of the Parks and Recreation Master Plan started using only available funding, and as outreach was conducted in the community, residents inquired on larger scope projects with a future vision for the region. He noted the CCSD changed the approach to identify both prioritized needs that would utilize projected project funding, and to include potential large-scale, "vision" projects that would be reliant on identifying additional funding were those projects to come to fruition, in order to capture a larger universe of needs.  means such as grants or foundation type donations of properties. worth of parks with only $114 million of funding sources identified.  Mayor Scherman declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Scherman declared the public hearing closed. environment fostered between the CCSD and the City.  The City Council commended the working relationship and collaborative Motion: M/S Davis/Hume to adopt Resolution No. 2010-92 approving the Negative Declaration for the Parks and Recreation Master Plan. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Cooper).  Elk Grove City Council Regular Meeting, May 12,2010 Page 13of19    Motion: M/S Davis/Hume to adopt Resolution No. 2010-93 adopting the September 2009 Parks and Recreation Master Plan. The motion passed by the  following vote: Ayes: 4; Noes: 0; Absent: 1 (Cooper). REGULAR AGENDA ACTION TEMS/RECOMMENDATIONS NOTE: Item 10.1 was considered after Presentations.  Agenda-emNO-0A: extng-WAe-dFMng  AdoptreselutIOP-promOtng-awarees6-eHne-dangers-e:  Agenda Item No. 10.2: Review the Economic Development Element of the General Plan, including Goals and Policies, and provide direction as appropriate Receive an update on Economic Development activities achieved to date, review outstanding Goals identified in the General Plan, and provide direction as With the aid of an overhead presentation (filed) Heather Ross, Senior Management Analyst, provided an overview of the staff report and recommendation. Ms. Ross provided an overview of current economic development goals and policies in the General Plan as a basis to be used in conjunction with the delivery of the Market Study to begin formulating a formal economic development strategy. She stated that for many of the goals, the Economic Development Corporation (EDC) has played a key role in attaining and sustaining several of the goals by: investigating the creation of a workforce development committee; conducting outreach to existing businesses to identify their needs and help them expand; referring owners to the Small Business Administration or the Small Business Development Center; staying in touch with existing employers to ensure that they're aware of both City and EDC services; hosting quarterly breakfast meetings; conducting "business walks" to conduct targeted outreach to economic centers in Elk Grove; conducting business recruitment and development; and partaking in local and regional events to promote local businesses. Ms. Ross noted that the City has continued to support the Think, SHOP, Live Elk Grove and "Fantastic Fridays (and Saturdays & Sundays)" shop local programs, met with representatives from Elk Grove Unified School District's Adult Community Education Program to form linkages providing free training to employees, as well as free screening services for employers, and noted City operational changes including the designation of the economic development ombudsman services, as well as an economic development project review team to provide personal service to projects with an economic development benefit to the  RECOMMENDATION: appropriate.  City.  Elk Grove City Council Regular Meeting, May 12,2010 Page 14of19    In reply to Mayor Scherman, Ms. Ross noted that the Market Study commenced work in March with an expected delivery date the end of July or early August. Ms. Ross also confirmed that for the recent "business walk" in Old Town she would be conducting final follow-up on feedback received, as well as research on comments regarding specific planning and application processes, to present a final  comprehensive report. PUBLIC COMMENT: None.  Council Member Davis believed the City should work proactively to get land ready for development, and to have a sizable amount of land appropriately zoned to promote job growth. He wanted the Council to consider the idea of the City acquiring land at relatively inexpensive prices today for use in attracting larger Vice Mayor Detrick requested City representatives approach the owners of the Sterling Meadows project to offer consideration of creating more commercial office space for the project site, to which Assistant City Manager Craig confirmed that staff Council Member Hume commended staff for the achievements made under several of the goals. He believed several proactive measures could still be implemented including: promoting mixed use developments and business to business relations; preparing land sites with appropriate designations and ample space, with as much infrastructure in place as possible; removing process specific barriers by continuing to evaluate fees and improving the application and City hall interface processes; suggesting the City emulate the SMART teams as utilized by the City of Sacramento to assign department leads to work together on one assigned project, effectively creating a one-stop shop; and conducting extensive outreach to the local business community to generate a local dialogue of employer needs and to foster a collaborative environment for business owners to tout the benefits of doing business In reply to Council Member Hume, City Manager Gill noted in relation to SMART teams that the City of Sacramento benefits from being a full service city. The City continues to work with neighboring agencies, including implementation of the e-Plan process and improved working relations, but currently certain inspections must still Mayor Scherman encouraged multi-use and mixed use projects noting a recent site visit she conducted at Fruitvale in Oakland, CA which displayed the benefits of having mixed use residential, commercial, and social services in one area. Ms. Scherman requested that application processing, especially for Special Planning Areas such as Old Town, have expedited and uniform processing  business campuses and job centers to Elk Grove.  would contact the property owners accordingly.  in the City of Elk Grove.  be conducted with individual sister agencies.  Elk Grove City Council Regular Meeting, May 12,2010 Page 15of19    procedures to assist in the education of potential business owners of requirements Agenda Item No. 10.3: Provide Direction on the Cost Allocation of Riordan Park  and regulations.  within the proposed Laguna Ridge Park Fee Program  RECOMMENDATION:  Provide direction on the cost allocation of park land acquisition and development of the future Riordan Park in the proposed Laguna Ridge Park Fee Program. With the aid of an overhead presentation (filed) Heather Ross, Senior Management Analyst, provided an overview of the staff report and recommendation. She reported that from last October, staff moved forward with the Park improvement Fee only for the Laguna Ridge Specific Plan (LRSP), moving the parks component into the Park Improvement Fee sO that it incorporated park development costs and park land acquisition. The Park improvement Fee would divide the cost of Riordan Park between Laguna Ridge and future plan areas, and the intent of that direction was to bring the standards of park improvements in line with the 5 acres per 1,000 population standard. She noted that staff realized that land acquisition and certain improvements cannot be done in pieces to comply with a phasing model approach, resulting in over-sizing costs due to delaying project implementation awaiting funding. Ms. Ross presented three options including: 1) allocate the oversight in costs to Laguna Ridge development only, which had an estimated $1.2 million in extra costs attributed to phasing development, 2) split the cost evenly, which would front-fund some of those over-sizing costs resulting in delays of other parks in the LRSP, and 3) split the cost evenly, but instead of phasing delay Riordan Park until full funding is available when those future land areas come forward. Ms. Ross noted that with Council's direction tonight, staff would return with a completed nexus study to determine the final Park Improvement Fee rate, which would be brought Vice Mayor Detrick inquired if the proposed options were vetted through the Monday Morning Working Group, to which Ms. Ross noted it was only brought Inr reply to Council Member Davis, Paul Mourier of the Cosumnes Community Services District, stated the time frame for building any Laguna Ridge Park is dependent on the rate of future development and the rate at which fees can be Council Member Hume recollected that the intended direction from prior discussion was that the components of the Grand Parkway, paseos, et cetera, were not considered parks components and should not have been calculated in the current 5 acres per 1,000 residents amount. He asked for Council clarification that the parks  back for Council's consideration at a future agenda meeting.  before the Laguna Ridge Stakeholder's Group.  collected.  Elk Grove City Council Regular Meeting, May 12, 2010 Page 16of19    component piece only was to be moved into the Park Improvement Fee, and the non-park components were to be excluded from the Park Improvement Fee. Mayor Scherman confirmed Council Member Hume's recollection of the prior  discussion. PUBLIC COMMENT:  Jay Pawlek commented on the importance of moving the Park Improvement Fee program forward to allow developers to move away from the deposit program currently in place. Mr. Pawlek appreciated Council direction on the active parkway, and was in agreement with the adopted Parks Master Plan confirming the 5 acres per 1,000 residents ratio per Quimby Act standard, to which he believed was Council Member Hume asked to look at how park development can be phased at a lower cost, but still provide in-ground infrastructure to prepare for future phased development. He believed cost savings could be realized by starting with low maintenance, low improvement playing fields that could be improved to a higher standard at a later date. He preferred Option 3 with the knowledge that discussion would continue for a decision at a later date, and he wanted to ensure that the Vice Mayor Detrick agreed with Option 3 and to inquire with the CCSD on means to Council Member Davis requested that communication with the adjacent owners, the Agenda Item No. 10.4: Introduce ordinances: 1) amending Elk Grove Municipal Code Title 3 entitled "Utility Services Billing", 2) repealing Chapters 6.06 and 6.10 and enacting Title 30 entitled "Solid Waste Management', and 3) amending Title 15  equitable for all future development in the LRSP.  Grand Parkway component was removed from the fee program. find cost reductions in park development and phasing of projects.  working group, and interested parties continue.  entitled "Storm Drainage Fee" RECOMMENDATION: ordinances:  Introduce and waive the full reading, by substitution of title only, the following 1) An ordinance adopting Elk Grove Municipal Code Chapter 3.70 entitled "Utility 2) An ordinance repealing Elk Grove Municipal Code Chapters 6.06 and 6.10 and 3) An ordinance amending Elk Grove Municipal Code Chapter 15.10 entitled  Services Billing," and  adopting Title 30 regarding "Solid Waste Management'; and  "Storm Drainage Fee"  The City Council waived the verbal report.  Elk Grove City Council Regular Meeting, May 12,2010 Page 17of19    PUBLIC COMMENT: None.  Motion #1: M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 9-2010 adopting Elk Grove Municipal Code Chapter 3.70 entitled "Utility Services Billing." The motion passed by the Motion #2: M/S M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 10-2010 repealing Elk Grove Municipal Code Chapters 6.06 and 6.10 and adopting Title 30 regarding "Solid Waste Management." The motion passed by the following vote: Ayes: 3; Noes: 0; Motion #3: M/S M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 11-2010 amending Elk Grove Municipal Code Chapter 15.10 entitled "Storm Drainage Fee." The motion passed by the Agenda Item No. 10.5: Introduce ordinance adding Elk Grove Municipal Code  following vote: Ayes: 3; Noes: 0; Absent: 2 (Cooper, Davis).  Absent: 2 (Cooper, Davis).  following vote: Ayes: 3; Noes: 0; Absent: 2 (Cooper, Davis). Chapter 4.13 relating to unattended donation boxes  RECOMMENDATION:  Introduce and waive the full reading, by substitution of title only, an ordinance adding Elk Grove Municipal Code Chapter 4.13 relating to unattended donation  boxes  The City Council waived the verbal report.  PUBLIC COMMENT: proposed ordinance.  Joseph Mendez, CEO of Goodwill Industries Sacramento, voiced support of the Motion: M/S M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 12-2010 adding Elk Grove Municipal Code Chapter 4.13 relating to unattended donation boxes. The motion passed by the NOTE: Item 10.6 was pulled from the agenda and moved to the regularly Agenda! tem-No.10.6: Requested formation fAd Hoc City Council SaPommiceibreMpsersineNdaReCHyCodedEhks Agenda Item No. 10.7: Reappointments to the Disability Advisory Committee  following vote: Ayes: 4; Noes: 0; Absent: 1 (Cooper).  scheduled meeting ofMay 26, 2010.  Elk Grove City Council Regular Meeting, May 12, 2010 Page 18 of1 19    RECOMMENDATION:  Receive information from Council Members Davis and Hume regarding their Jason Lindgren, Interim City Clerk, provided an overview of the staff report and  reappointments to the Disability Advisory Committee.  recommendation. PUBLIC COMMENT:  Council Member Davis announced his reappointment of Nana Tufuoh to the Council Member Hume announced his reappointment of Glenn Lomax to the  Disability Advisory Committee. Disability Advisory Committee. ADJOURNMENT adjourned at 9:41 p.m.  With no additional business to conduct, the May 12, 2010 City Council meeting was  wbo JASON LINDGRN, INTERIM CITY CLERK  ATTEST:  hL LE SOPAIA SCHERMAN, MAYOR  Elk Grove City Council Regular Meeting, May 12, 2010 Page 19 of1 19