CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, April 28, 2010  CALL TO ORDER/ROLL CALL  Mayor Scherman called the regular City Council meeting of April 28, 2010 to order  at 6:12 p.m. Present: Absent:  Mayor Scherman, Vice Mayor Detrick, Council Members Davis and  Hume  Council Member Cooper (arrived at 6:32 p.m.)  Following the Pledge of Allegiance, Mayor Scherman asked that a moment of  silence be observed. APPROVAL OF AGENDA  Motion: M/S Hume/Davis to approve the agenda as presented. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Cooper).  CLOSED SESSION None.  PRESENTATIONS/ANNOUNCEMENTS  4.1 Mayor Scherman presented a Certificate of Appreciation to Keller Williams Realty in recognition of its planned community service efforts during  RED Day = May 13, 2010.  4.2 Kenny Alvarado, Intern for Council Member Gary Davis, and Police Officer Manual Saenz presented Certificates of Achievement to Youth Commissioners Ryan Stewart, Salvador Rosas, and Amanda Cosenza who participated in the 2010 California Police Activities League, Sacramento  Experience Youth Leadership Conference.  PUBLIC COMMENT  Jack Varozza distributed a written statement (filed) and introduced himself as a civil engineer and minor investor on Elk Grove Blueprint, i.e. the developer who purchased the site known as Elk Grove Landing located at Elk Grove-Florin Road adjacent to the Coventry subdivision. The site consists of three contiguous parcels totaling 14 acres. Referencing a project outline (filed), Mr. Varozza reported that, in  Elk Grove City Council Regular Meeting, April 28, 2010 Page 1of12    May 2005, Council directed staff to review ten potential properties for an Amtrak station. In September 2005, staff selected Elk Grove Landing for the Transit Oriented Development (TOD). Elk Grove Blueprint had purchased the property in August 2005, and at no time, was it brought to the developer's attention that the City had been considering the site for an Amtrak station. There had been five offers to purchase the site, though none of the prospective buyers knew about the TOD. A month after the September 2005 City Council meeting, City planners and legal staff met with major owners to discuss the TOD. Staff had assured the owners that they would expedite the project and support the owners' plan for a high density residential project. Mr. Varozza maintained that the TOD caused the ownership group irreparable harm because of the "cloud of uncertainty" it brought to the project. The City was unable to inform Elk Grove Blueprint how much property would be required or what the layout would look like. The City was not prepared to purchase the property from the developer. In the summer of 2006, a purchase offer was dropped because the prospective buyers could not get specific information from the City regarding the TOD. Elk Grove Blueprint then began obtaining entitlements. A tentative map was submitted in October 2006. City staff still did not have a definite location or size of the TOD and the City planner incorrectly stated that there must be a retail component to the residential project. The application was pulled after four months had lapsed and another planner was assigned to the project. Mr. Varozza maintained that the TOD has made the site Derrick Fong stated that he was one of the managing members of the partnership (Elk Grove Blueprint) and reported that several offers on the property have been lost. He complained of high turnover with Phil Carter's (Chief Executive Officer of Pacific Municipal Corporation) staff in the Planning Department and that inconsistent information was provided by them. Mr. Fong stated that the original investors lost several million dollars and one of the original owners took back the property to protect himself from foreclosure. He asked Council to direct staff to Mayor Scherman asked the City Manager to meet with Mr. Varozza and Mr. Fong. Daphne Harris requested that an item be scheduled at Council's next meeting to receive information about the newly organized Northern California Business League. She asked that a City staff member be assigned as a liaison to the League. She introduced a new magazine developed in March entitled, Centered  undevelopable.  remove the TOD from the property.  Living, which was part of the Center of Praise Ministries. GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the April 28, 2010 Administrative Report (filed).  Elk Grove City Council Regular Meeting, April 28,2010 Page2of12    Vice Mayor Detrick commended Public Information Officer Christine Brainerd for expediting his recommendation to incorporate the "cash for appliances" program in  the City's Think, Shop, Live, Elk Grove campaign. NOTE: Council Member Cooper arrived at 6:32 p.m. COUNCIL COMMENISFUTURE AGENDAITEMS  Reports on Regional Boards, Commissions, Committees; Travel/Training Expenditures Disclosure (in accordance with Resolution 2009-212 and Government Council Member Hume reported that the Capital Southeast Connector Joint Powers Authority (JPA) ratified the contract for the firm that will prepare the feasibility study for the local access roadway component to reconfigure the Sheldon area. The City contributed $15,000 to facilitate additional components that the community wanted included as part of the study. Impacts from the east Sacramento County mining operations are expected to be significant. He attended the Sacramento Metro Chamber "Cap to Cap" Washington, D.C. lobbying trip on behalf of the City and as a JPA representative, noting that half the cost was paid by the JPA. He met with Senator Boxer and Congresswoman Matsui's staff to express appreciation for forwarding the Elk Grove Creek project, which is designed to reduce pollutant runoff to the Stone Lakes National Wildlife Refuge. He also met with appropriations staff and a member of Senator Feinstein's staff. It is hoped that phase one of the Connector project will be made part of the Transportation Reauthorization Bill. Council Member Davis reported that the Elk Grove and Cosumnes Community Services District 2x2 met on April 27 and discussed the following issues:  Code S 53232.3(d)):  Fourth of July community event planning Trail connectivity Traffic calming options Code violations in Old Town Park regulations Redevelopment Area Fire Station 73 accessibility Monument signs in Laguna Ridge Park  Fire fee  Vice Mayor Detrick stated that he attended the Elk Grove and Cosumnes Community Services District 2x2 meeting and the Sacramento Metro Chamber "Cap to Cap" Washington, D.C. lobbying trip, which he found to be very valuable. He mentioned that "green tech" material suppliers may be increasing and would be another opportunity for new business in Elk Grove. He met with Congressman Lungren and Congresswoman Matsui and business leaders from Kaiser, Sutter Hospital, Pacific Gas and Electric, Sacramento Municipal Utility District, Teichert Construction, Granite Construction, and Surewest Communications. He reported  Elk Grove City Council Regular Meeting, April 28,2 2010 Page 3of12    that the City Clerk had prepared a proposal outlining advantages of changing from paper to electronic City Council agenda/packets and expressed support for it being pursued in order to save staff time and resources. He encouraged everyone to Council Member Cooper stated that he participated in the Sacramento Metro Chamber "Cap to Cap" Washington, D.C. trip and spoke with lobbyists and connected with other elected officials and business leaders in the region. He asked to be included in the proposed meeting with staff and Mr. Varozza and Mr. Fong. He requested Council concurrence to schedule, at the May 12 meeting, an item to discuss forming an Ad Hoc City Council Subcommittee for the purpose of looking into alleged violation(s) of the City Code of Ethics. He believed a situation occurred  attend the Western Festival.  that was of a serious nature warranting investigation. Vice Mayor Detrick voiced approval to schedule the item.  Council Member Davis stated that he would agree to agendize discussion of forming the subcommittee to provide the public an opportunity to weigh in; however, he felt that the City's Ethics Policy was an ideal that all should abide by, but it is voluntary. He noted that the public expects the Council to serve the City's interests and work hard to advance the City in a positive direction, not to expend time judging one another. He warned that forming the subcommittee could set a precedent that could lead to ongoing investigations over continual allegations of ethics violations. He pointed out that two remedies exist if the public is not satisfied with the actions Mayor Scherman recalled that Council previously discussed the issue of investigating alleged ethics violations and decided that Members did not wish to be int the position of judging each other. She noted that Council Members answer to the electors. In reference to the subject of Council Member Cooper's concern, Ms. Scherman stated that the District Attorney's Office had looked into the matter Council Member Hume agreed with comments made by Council Member Davis and Mayor Scherman. He asked what authority such a subcommittee would have and In answer to Council inquiries, City Attorney Cochran stated that, in order to censure a Member, the City Council would have to conduct a due process hearing of whoever is the subject of the allegations. She explained that censure is merely a formal reprimand. The Council Member that is the subject of the allegation(s) must abstain from voting on the issue of forming the subcommittee and any future  ofa a Council Member, i.e. the ballot box and the Grand Jury.  and dismissed it on the grounds that the charges were unfounded.  what action could be taken as a result of its findings.  matters relating to it.  Elk Grove City Council Regular Meeting, April 28, 2010 Page 4of12    Vice Mayor Detrick recalled that the Mayor hired an attorney to investigate him without authority to do SO. He noted that she did sO on the advice of the City Attorney; however, he emphasized that no Council Member, individually, has that Mayor Scherman explained that, in the previous situation, the City Attorney believed she was following Council's direction to investigate the matter, sO she asked the Mayor to sign the contract hiring an outside law firm. Since then, Council Members have expressed in public and in closed session that it should not have been done. Ms. Scherman stated she was adamantly opposed to forming a subcommittee as recommended by Council Member Cooper and, furthermore, that it would be a waste of time because there is no way to resolve, or take action upon, any findings Council Member Cooper maintained that it was bad legal advice to ask the Mayor to authorize the previous investigation, because the Mayor has no more authority than Council Member Hume questioned the logic of scheduling the matter because 1)Mayor Scherman voiced opposition, 2) Council Member Davis stated that he would discuss it, but is against the concept of Council Members sitting in judgment of one another, and 3) the individual that is the subject of the investigation cannot Council Member Cooper, Vice Mayor Detrick, and Council Member Davis confirmed their consent to place on the next regularly scheduled City Council agenda the topic of the possible formation of a City Council Ad Hoc Subcommittee to investigate  right.  that might result from it.  any other single Member of Council.  vote.  alleged violation(s) of the Elk Grove Code of Ethics.  CONSENT CALENDAR ITEMS  Motion: M/S Hume/Cooper to approve 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: April 14, 2010 Agenda Item No. 8.3:  Received March 2010 Treasurer's Report  Approved the Regular City Council Meeting Minutes of Received report on City Manager approved purchases  and contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and  Purchasing, filed through April 21, 2010  Agenda Item No. 8.4: Qualifications, and Bids  Received report on Requests for Proposals,  Elk Grove City Council Regular Meeting, April 28,2010 Page 5of12    Agenda Item No. 8.5:  Resolution No. 2010-76 adopted authorizing the City  Manager to accept and execute all related award documents to receive grant funding from the U.S. Department of Justice Drug Enforcement Administration for the purpose of eradicating marijuana cultivation and amend the Police Department's 2010 Fiscal Year budget to appropriate grant funds in the amount of $15,000  Agenda Item No. 8.6:  Resolution No. 2010-77 adopted authorizing the City  Manager to execute a construction contract with Gateway Pacific Contractors, Inc. for the Grant Line Channel Restoration Project in the amount of $645,618 and authorizing the City Engineer to approve change orders not to exceed $100,000 Manager to execute a construction contract with Granite Construction Company for the Elk Grove-Florin Road Pavement Rehabilitation Project in the amount of $559,447 and authorizing the City Engineer to approve change orders not to exceed  Agenda Item No. 8.7:  Resolution No. 2010-78 adopted authorizing the City  $84,000  Agenda Item No. 8.8:  Resolution No. 2010-79 adopted authorizing a grant  application for the Laguna Creek Trail Project Camden Passage to Bond Road; and Resolution No. 2010-80 adopted authorizing a grant application for the Shed B Channel Tree Planting & Landscaping Project for the Urban Greening Grant Program Under the Safe Drinking Water, Water Quality and Supply, Flood Control,  River and Coastal Protection Bond Act of 2006 (Proposition 84)  Agenda Item No. 8.9:  Resolution No. 2010-81 adopted authorizing the City  Manager to execute a reimbursement agreement with Sacramento County Water Agency for construction of a water transmission main and related appurtenances in conjunction with the Waterman Road / Grant Line Road Intersection Improvements Agenda Item No. 8.10: Resolution No. 2010-82 adopted authorizing the Mayor to execute Reimbursement Agreement RC2010-01 for Privately Constructed Public Facilities included in the Elk Grove Roadway Fee Program with Elk Grove Town Center, L.P. in substantially the form presented and authorizing the City Engineer to Agenda Item No. 8.11: Certificate of Appreciation approved to be presented by the Mayor on May 23, 2010 to Jay DeWald for his personal contributions as  Project  determine the minimum reimbursement amount for the agreement  Maestro, musician, and teacher in the City of Elk Grove  PUBLIC HEARINGS None.  Elk Grove City Council Regular Meeting, April 28, 2010 Page 60 of12    REGULAR AGENDA. ACTION ITEMS/RECOMMENDATIONS  Agenda Item No. 10.1: Discuss Community Service Grant applications and provide direction for inclusion in the Fiscal Year 2010-11 Proposed Budget  RECOMMENDATION: Proposed Budget.  Receive and discuss the applications for Fiscal Year 2010-11 Community Service Grants and provide direction to staff for inclusion in the Fiscal Year 2010-11 Katy Baumbach, Budget Manager, recalled that Council directed staff on January 27 to solicit Fiscal Year 2010-11 Community Service Grants. In response, the City received 25 applications requesting nearly $900,000 in funding. Given that the economic environment is similar to last year's, staff recommends keeping the grant funding level at $300,000. Council previously awarded grants with priority given to programs that help seniors, youth, disadvantaged population groups, economic development, and cultural activity promotion. Staf's recommendation for 2010-11 grants are based upon those priorities and established services currently in place in the community. She pointed out that the staff report contains an error in the total amount of funding; it lists $277,405 and should have read $300,000.  PUBLIC COMMENT:  The following individuals spoke in support of the organizations as listed below and  detailed in the grant applications (filed): Dee Tschida = Elk Grove Artists, Inc. Tracy Owensby = Elk Grove Teen Center Russ Croco - Elk Grove Teen Center Cheryl Griess - Elk Grove Fine Arts Center Pat Deese - Elk Grove Fine Arts Center Amy Burke - Elk Grove Teen Center Alton Kitay - Elk Grove Teen Center Jennifer Allgood - Elk Grove Teen Center Dennis Kidwell = Elk Grove Teen Center Jack Toney - The Federal Technology Center Eddie Reschein - Elk Grove Teen Center Christina Stevens - Elk Grove Teen Center Bob Hoyme - Elk Grove Rotary  Barbara Lehman - Human Rights Fair Housing Commission  Lisa Williams - Elk Grove Community Garden and Learning Center  Howard Sihner - Elk Grove Police Activity League and Elk Grove Teen  Center  Elk Grove City Council Regular Meeting, April 28, 2010 Page7of12    Yulissa Munoz - Elk Grove Teen Center Don Wackford - The Strauss Festival of Elk Grove Glenda Simas = Elk Grove Food Bank Services Dean Scourtes - Elk Grove Food Bank Services Ami Donaldson - Elk Grove Teen Center Frank Verni - Animal Rescue League Jim Cook - Elk Grove Police Activity League  Chris Paige = Cosumnes Oaks Jr. Wolfpack Football & Cheer, Inc. Chris Gallardo = Cosumnes Oaks Jr. Wolfpack Football& Cheer, Inc.  Patricia Beal - The Senior Center of Elk Grove Therese Schultz - The Senior Center of Elk Grove Rod Brewer - Elk Grove Food Bank Services Damon Mireski - Elk Grove Teen Center Winston Ashizawa - Asian Community Center Ronald Montez - Elk Grove Police Activity League and Elk Grove Teen Kathleen Stull - Elk Grove Police Activity League Judy Ludlow - Elk Grove Community Garden and Learning Center Randal Broadhurst - Elk Grove Police Activity League Kerri Hernson - Chicks in Crises /E Empowering Relationships, Inc. Inez Whitlow. - Chicks in Crises /E Empowering Relationships, Inc.  Center  Lori Martin - Elk Grove Teen Center Mark Lepp - Elk Grove Teen Center  Council Member Cooper emphasized that Council's focus for Community Service Grants has always been the community's most vulnerable citizens, i.e. seniors and youth. He noted that, due in the part to the declining economic condition, many programs are collapsing and becoming more regional. He felt that combining Elk Grove Police Activity League and the Elk Grove Teen Center would be beneficial because they both have excellent programs, but there is duplication in some areas and a collaborative approach would decrease administrative overhead costs. He encouraged Board Members of each organization to meet and find common ground. Council Member Hume recalled having requested a special events I community promotions line item in the budget and yet staff has placed them in the Community Service Grants. He asked that the $14,000 allocated to the Elk Grove Veterans Day Parade, Elk Grove Western Festival, and The Strauss Festival of Elk Grove be included as a separate line item in the 2010-11 budget. He suggested instituting a policy whereby grant recipients must provide an accounting for the previous year's funding before they can be eligible for future grants. He agreed that there should be  Elk Grove City Council Regular Meeting, April 28, 2010 Page 80f12    a collaborative effort between Elk Grove Police Activity League and the Elk Grove Council Member Davis agreed that community events should not be considered with service programs. He was in favor of supporting start-up groups and not being the primary source of funding for organizations. He recommended that grant funds be provided to Cosumnes Oaks Jr. Wolfpack Football & Cheer. He hoped that, with Community Development Block Grant funds, a one-stop service center could be created sO that people can go to one facility for multiple services. He felt that much more should be done to serve youth members of the community, noting that investment in prevention is less expensive and has a better outcome than incarceration. He reported that the Cosumnes Community Services District (CCSD) isr receptive to taking on a more significant role with regard to youth programs in the community. Mr. Davis suggested that the City explore turning over the Teen Center Vice Mayor Detrick encouraged all organizations to take advantage of the online eCivis grants network program. He agreed that Council's priority for grants should be for programs that assist youth, seniors, and the disabled. He supported Council Member Davis' suggestion regarding a one-stop service center. He reported that the CCSD will also be bringing a proposal to the City regarding incorporating the Youth Commission in its programs. He expressed hope that the Elk Grove Police Activity League and the Elk Grove Teen Center could work together collaboratively. He supported providing grant funding to Cosumnes Oaks Jr. Wolfpack Football & Mayor Scherman agreed that the budget should include a separate line item for community events. She agreed with the one-stop service center concept and to provide grant funding to Cosumnes Oaks Jr. Wolfpack Football & Cheer. Following discussion, Council directed staff to create a 2010-11 budget line item for community events with an allocation of $14,000 and to distribute that amount in  Teen Center in order to eliminate duplication of services.  building to the CCSD.  Cheer.  Community Service Grants as follows:  $8,000 to Cosumnes Oaks Jr. Wolfpack Football & Cheer $3,000 additional funding to Elk Grove Police Activity League $3,000 additional funding to Elk Grove Teen Center  Agenda Item No. 10.2: Adopt resolutions: 1) calling the November 2, 2010 General Municipal Election and requesting the Sacramento Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election; 2) establishing regulations pertaining to candidates' statements of qualifications; and 3) establishing Council's policy regarding impartial analyses, arguments, and  rebuttal arguments  Elk Grove City Council Regular Meeting, April 28,2010 Page 9of12    RECOMMENDATION:  1) Adopt resolution calling and giving notice of a General Municipal Election to be held on Tuesday, November 2, 2010 to elect Council Members to Districts 2 and 4; and requesting the Board of Supervisors of the County of Sacramento to consolidate the General Municipal Election with the Statewide 2) Adopt resolution establishing regulations for candidates for elective office 3) Adopt resolution setting forth the Council's policy regarding impartial analyses, arguments, and rebuttal arguments for any measure(s) that may qualify to be placed on the ballot for the November 2, 2010 General  General Election;  pertaining to candidates' statements of qualifications; and  Municipal Election.  Susan Blackston, City Clerk, provided an overview of the staff report and  recommendation. PUBLIC COMMENT: None.  Motion: M/S Hume/Detrick to adopt:  Resolution No. 2010-83 calling and giving notice of a General Municipal Election to be held on Tuesday, November 2, 2010 to elect Council Members to Districts 2 and 4; and requesting the Board of Supervisors of the County of Sacramento to consolidate the General Municipal Election with the Statewide General Election; and Resolution No. 2010-84 establishing regulations pertaining to candidates' Resolution No. 2010-85 setting forth the Council's policy regarding impartial analyses, arguments, and rebuttal arguments for any measure(s) that may qualify to be placed on the ballot for the November 2, 2010 General Municipal Election. The Agenda Item No. 10.3: Adopt resolution granting designated period for two years additional service credit in accordance with California Government Code  statements of qualifications; and  motion passed by the following vote: Ayes: 5; Noes: 0.  Section 20903 RECOMMENDATION:  Adopt resolution granting designated period for two years additional service credit in  accordance with California Government Code Section 20903.  The verbal staff report was waived.  Elk Grove City Council Regular Meeting, April 28, 2010 Page 10 of12    PUBLIC COMMENT:  Nikki Carpenter reported that she and her husband were retired State employees and neither were given additional benefits upon retirement. She noted that CalPERS members can purchase up to five years service credit and suggested that itb be done in this case. She did not believe the figures provided in the staff report were accurate. She implored Council not to approve the recommendation. Vice Mayor Detrick received confirmation from the City Manager that the savings derived from one year of eliminating the Customer Service Specialist position would pay for the cost of two years service credit and, every year beyond that would be Motion: M/S Detrick/Davis to adopt Resolution No. 2010-86 granting designated period for two years additional service credit in accordance with California Government Code Section 20903. The motion passed by the following vote: Agenda Item No. 10.4: Consider appointments to the Sustainability Element  additional savings to the City.  Ayes: 5; Noes: 0.  and Climate Action Plan Advisory Committee  RECOMMENDATION:  Review applications submitted and appoint five (5) members to the Sustainability  Element and Climate Action Plan Advisory Committee.  Susan Blackston, City Clerk, provided an overview of the staff report.  PUBLIC COMMENT:  Bill Myers reported that studies prove it is essential for youth to have opportunities to create meaning in their lives and contribute back to their communities. He recommended that the Sustainability Element and Climate Action Plan Advisory Committee also involve youth, particularly because climate change impacts will Vice Mayor Detrick suggested that a youth member be included on the Committee Appointments to the Sustainability Element and Climate Action Plan Advisory  most seriously affect their future.  as one of the City Manager's selections. Committee were made as follows:  Mayor Scherman confirmed the appointment of Susan Oto. Vice Mayor Detrick confirmed the appointment of Bill Myers.  Council Member Cooper confirmed the appointment of Thomas Campbell. Council Member Davis confirmed the appointment of Craig Sarmento. Council Member Hume confirmed the appointment of Lyndon Hawkins.  Elk Grove City Council Regular Meeting, April 28, 2010 Page 11of12    ADJOURNMENT  With no additional business to conduct, the April 28, 2010 City Council meeting was adjourned at 9:38 p.m. in memory of Mayor Scherman's sister-in-law Peggy Scherman who was born in Elk Grove, attended Elk Grove schools, and was the first woman missionary to be sent from the Elk Grove area on a Church of Jesus  Christ of Latter-day Saints mission to Germany.  PEG.  SUSAN J. BLACKSTON, CITY CLERK  ATTEST:  SOPHIA SCHERMAN, MAYOR t  Elk Grove City Council Regular Meeting, April: 28, 2010 Page 120 of12