CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, September 9, 2009  REGULAR MEETING  CALL TO ORDER/ROLL CALL  Mayor Hume called the regular City Council meeting of September 9, 2009 to order  at 6:04 p.m. Present: Absent:  Mayor Hume, Vice Mayor Scherman, Council Members Cooper and  Detrick  Council Member Davis (arrived at 7:34 p.m.)  Vice Mayor Scherman led the Pledge of Allegiance. Mayor Hume asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Scherman/Cooper to approve the agenda as presented. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Davis)  CLOSED SESSION None.  PRESENTATIONSIANNOUNCEMENTS  4.1 Mayor Hume presented a Certificate of Recognition to Mike Zehnder in honor of his retirement (former Cosumnes Community Services District Fire  Department Battalion Chief).  4.2 Council Member Cooper presented a proclamation to Dallas Love, Regent of the Sacramento Chapter of the Daughters of the American Revolution, proclaiming September 17 - 23, 2009 as Constitution Week in the City of Elk  Grove.  Elk Grove City Council Page 1of15  Regular Meeting, September 9,2009    PUBLIC COMMENT  Elizabeth Pinkerton congratulated the City on its ninth anniversary of incorporation. Ms. Pinkerton noted that she has been serving as the "unofficial" receptionist at City Council meetings since July 2000, selling "History Happened Here" books, the proceeds of which go toward Elk Grove Community Foundation scholarships. She announced that Spotlight Elk Grove will be held on September 10, which is also a Lynn Wheat thanked those who participated in the September 8 Sphere of Influence (SOI) Summit. She expressed concern about the Bell South and Vintara Park Projects in the SOI. Ms. Wheat felt there were too many inconsistencies in the General Plan and Environmental Impact Report, which would negatively affect the quality of life for citizens and the environment for generations to come. She believed that, because the City sO rapidly sprawled in its growth, the following land Land use policies 32 and 52 - Calls for the protection of open space lands that provide for agricultural use, habitat for native species, their maintenance, Land use policy 19 - Incompatible open land uses should be buffered from one another by methods that retain community character and do not Land use policy 20 - Neighborhood identity should be maintained in existing Land use policy 30 - Parking areas shall be designed to minimize land  scholarship fundraiser.  use policies were forgotten or overlooked:  and to provide for the rural character of Elk Grove; consume large land areas or create pedestrian barriers;  and developing areas; and consumption.  CONSENT CALENDAR ITEMS  In reference to Item 6.1, Steve Lee questioned the reimbursement to Vice Mayor Scherman of $818 in travel expenses and $41 each month for a courier service to deliver the agenda/packet binder to her home. He suggested that everyone be Vice Mayor Scherman stated that itemized receipts are available to substantiate the Motion: M/S Detrick/Cooper to approve the Consent Calendar as presented. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Davis) 579 dated August 1, 2009 through August 31, 2009, General Warrant Nos. 47810 through 48594, and Electronic Fund Transfer Nos. 2010014 through 2010025  more frugal, particularly in these difficult economic times.  travel reimbursement.  Agenda Item No. 6.1:  Approved Automatic Clearing House Nos. 555 through  Elk Grove City Council Page2of15  Regular Meeting, September 9, 2009    Agenda Item No. 6.2:  Approved City Council Meeting Minutes as presented of:  a) July 22, 2009 Regular Meeting, b) August 26, 2009 Special Meeting, c) August  26, 2009 Regular Meeting, and d) August 31, 2009 Special Meeting  Agenda Item No. 6.3:  Received report on City Manager approved purchases  and contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and  Purchasing, filed through September 2, 2009  Agenda Item No. 6.4: Qualifications, and Bids Agenda Item No. 6.5:  Received report on Requests for Proposals, Ordinance No. 18-2009 adopted levying and  apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) Annexation No. 13 (Second Reading)  Agenda Item No. 6.6:  Ordinance No. 19-2009 adopted amending Elk Grove  Municipal Code Section 16.96.080 to authorize equivalent exemptions to the Measure A mitigation fee as outlined in the agreement on protocols previously adopted by Sacramento County Transportation Authority and the City of Elk Grove  (Second Reading) Agenda Item No. 6.7: Agenda Item No. 6.8:  Resolution No. 2009-180 adopted authorizing Resolution No. 2009-181 adopted creating one Finance  destruction of certain records retained by the Finance Department  Analyst position in the Development Services Department, reclassifying one Management Analyst position in the Police Department to a Finance Analyst  position, and amending the Fiscal Year 2009-10 Annual Budget  Agenda Item No. 6.9:  Resolution No. 2009-182 adopted authorizing the  Mayor to execute a letter agreement with Axios Homes, Inc. regarding park obligations for Laguna Ridge Village 1A in The Grove Subdivision (Riverview II)  PUBLIC HEARINGS Agenda Item No. 7.1:  A public hearing (continued from August 26, 2009) to  consider an appeal of the Planning Commission's decision on June 4, 2009 to deny the Conditional Use Permit and Design Review for the New Parish Catholic Church Project (EG-07-100) located at 8800 Bradshaw Road (EG-09-028; APN: 121-0220-  008)  Elk Grove City Council Page 3of15  Regular Meeting, September 9,2 2009    RECOMMENDATION  Staff recommends that the City Council affirm the decision of the Planning Alternatives to the staff recommendation include the following actions by the 1. Reverse or modify the decision of the Planning Commission and approve the 2. Continue the New Parish Catholic Church project and/or direct the applicant With the aid of an overhead presentation (filed), Sarah Kirchgessner, Project Planner, reported that the project consists of a Conditional Use Permit and Design Review to construct and operate a 960 seat Catholic Parish Church and school in the rural residential area of Elk Grove. The proposed church would be constructed in three phases. It includes a 16,000 square foot multi-purpose room, K-8 school, a rectory building, and 356 parking spaces. The project site is zoned AR-5 and is located on the west side of Bradshaw Road, approximately 200 yards north of Sheldon Road on the eastern portion of the city. The project site is bordered by Bradshaw Road to the east and rural residential uses to the north, south, and west. The project was presented to the Planning Commission on December 6, 2007 and continued to February 7, 2008 at which time staff recommended denial based on land use incompatibility and inconsistency with the General Plan. At the applicant's request, the Planning Commission voted to continue the project to a date uncertain to allow for environmental review. At its June 4, 2009 public hearing, the Planning Commission voted unanimously to deny the project and on June 12, 2009 the Ms. Kirchgessner stated that the project is inconsistent with the goals and policies of the General Plan including the vision statement, land use policy 18, and guiding goal 5. The project is located in the rural Sheldon area, which is characterized by large lots greater than two acres in size where agriculture activities and animal raising are common uses. There is limited infrastructure, mature trees, and roads that tend to be narrow and less improved than other urbanized areas in the city. Ms. Kirchgessner noted that, protecting the rural area was the main issue focused upon during the development of the General Plan, which was adopted in 2003. The vision was to develop most areas within the city with urban uses, while preserving a defined area that would remain rural in nature and retain the rural character that once typified the community. The Sheldon area is recognized as a unique area with a rural lifestyle. General Plan guiding goal 5 and land use policy 18 provide for the preservation of the existing rural character in perpetuity and states that the land uses in the Sheldon area shall be consistent with the community's rural character. Ms. Kirchgessner maintained that the magnitude, scope, and intensity of the proposed project is inconsistent with the rural policies of the General Plan. She reported that, if approved, the project would bring vehicles, noise, and people  Commission denying the New Parish Catholic Church project.  Council:  project; or  tomake changes as necessary.  applicant filed an appeal.  Elk Grove City Council Page 4of 15  Regular Meeting, September 9,2009    associated with the school and church to the rural area that would not otherwise be present. Ms. Kirchgessner stated that the project is also not compatible with surrounding land uses. Parcels on all sides are designated as rural residential in the General Plan. Parcels to the north have livestock raising on the site. The proposed project also includes a design review for the overall site master plan and for the phase one 600 seat church. The phase two and three buildings would require subsequent design review entitlements. Ms. Kirchgessner stated that the project is consistent with the design guidelines and development standards; however, design review is contingent upon the approval of the conditional use Ms. Kirchgessner reported that the City conducted a community meeting on April 27, 2009 and the majority of the attendees expressed concern with the scope of the project and felt that it was not consistent with the rural atmosphere. She explained that no environmental review action would be necessary if the City Council upholds the denial of the project. She noted that an initial study and mitigated negative declaration was prepared for the project, which was circulated for public review on Jonathan Hobbs, attorney for the City, reported that the issue of a gas pipeline was raised during the public comment period and review on the mitigated negative declaration; it was not identified during initial review. The California Environmental Quality Act addresses how to deal with fuel pipelines for siting public schools when the pipeline is going to be on the site itself. Mr. Hobbs stated that the guidelines and statutes do not apply in this situation because the proposed school is a private school and the pipeline is not on the school site. Staff consulted with the Cosumnes Community Services District Fire Department to determine whether or not the existence of a fuel gas line posed a safety risk or an environmental impact, following which staff and the Fire Department concluded that it did not. Mr. Hobbs reported that the pipeline is buried eight feet deep, which poses a negligible, if not non- Ms. Kirchgessner reported that, during the June 4 Planning Commission public hearing, the pastor of the church submitted a petition containing approximately 3,000 signatures of members that were supportive of the proposed project. The majority of speakers in favor of the project felt that the church and school uses fit into the rural area and were appropriate for the site. The majority of the speakers opposed to the project cited rural policies of the General Plan and the potential impacts to the rural character of the neighborhood. Consensus of the Planning Commission was that, while the proposed location may be appropriate for a church and school, it is not appropriate for a church and school of this magnitude. The Planning Commission voted unanimously to deny the conditional use permit and design review. Staff recommends that Council affirm the Planning Commission's  permit.  April 10, 2009.  existent safety hazard.  decision to deny the church project.  Elk Grove City Council Page5of15  Regular Meeting, September 9, 2009    The following "green sheet" documents were submitted related to Item 7.1 (all filed): Email received on June 3 and submitted by the Planning Department on  September 9 from Barbara Lemar (2 pages); Letter dated September 5 from Leo Fassler (2 pages); Email dated September 6 from Sharon Lynes (1 page); Letter dated September 6 from Joan and Raymond Reid (1 page); Email dated September 7 from Shirley Peters (3 pages); Email dated September 7 from Elizabeth Moseby (7 pages); Letter dated September 7 from Ray Patron (2 pages); Letter dated September 9 from Bishop of Sacramento Jaime Soto (2 pages); Email dated September 9 from Madelyn Clifton (1 page); Email dated September 9 from Dan and Renae Best (4 pages); Email dated September 9 from Edward Gillum and Fire Chief Steven Foster Interoffice Memorandum dated September 9 from Project Planner Sarah Interoffice memorandum dated September 9 from Project Planner Sarah Letter received on September 9 from Dan and Renae Best (1 page); Letter received on September 9 from Ginger Voss (1 page); 24 letters received on September 9 (24 pages). Mayor Hume declared the public hearing open.  (1page);  Kirchgessner (1 page); Kirchgessner (7 pages);  Applicant Presentation:  James Sweeney, attorney representing the appellant, noted Council Member Davis' absence and stated that he would prefer to present the matter to the full Council. In reply to Council inquiries, City Attorney Cochran explained that, due process requires decision makers to hear all the evidence. Because Council Member Davis isr not present and will not have the benefit of hearing all the evidence, he will be unable to vote on this matter because the conditional use permit is a quasi-judicial determination. She noted that when he arrives, Council Member Davis could Mayor Hume suggested that Council hear the applicant's presentation and public testimony, close the hearing, and continue the matter to a date certain, which will give Council Member Davis an opportunity to review the audio/video portion of the Mr. Sweeney agreed with Mayor Hume's suggestion. He introduced himself as the general counsel to the Roman Catholic Bishop of Sacramento (the applicant). Mr. Sweeney asserted that it is not appropriate or accurate to suggest that a church is inconsistent with the rural character of the area. He maintained that the project application does not run afoul of the General Plan and is not inconsistent with the  participate in the discussion.  meeting he missed.  Elk Grove City Council Page 6of 15  Regular Meeting, September 9, 2009    zoning. Mr. Sweeney explained that, in accordance with the First Amendment to the U.S. Constitution, the Bishop created a new parish (St. Maria Goretti Parish), i.e. a geographic territory in Elk Grove and a small portion of south Sacramento to establish a new church. Currently, 300 members attend mass at a cafeteria at Sheldon High School. A centrally located parcel was identified for the proposed church. Phase one of the project includes the construction of a 600 seat multi-use building that would serve as the initial church, parish offices, classrooms, and other activities. If the parish grows, future plans are to construct a K-8 grade parochial school for 280 students, the multi-purpose facility would be converted into a Mr. Sweeney reported that five meetings were held with residents of the area. Current plans incorporated many of the concerns and issues raised by attendees of the meetings. Changes included a greenbelt area, a wall to retard sound and light, stormwater drainage area, relocation of the church closer to the road, the traffic pattern was altered, and the school was moved to an area farther away from homes. He stated that the main concern of the Planning Commission was the size of the potential future church. Originally plans were for a 1,200 seat church, though it has now been reduced to 960 seats. Mr. Sweeney noted that churches have protection under federal law and the Religious Land Use and Institutionalized Persons Act, which was enacted by Congress in the 1990s in response to zoning laws, and city plans and regulations being used to block faith groups from adding churches in communities. Mr. Sweeney addressed the following issues that 1. The real intent is to build a Catholic high school on the site = Mr. Sweeney 2. This is the first step in developing the rural area. - Mr. Sweeney noted that 3. The Diocese of Sacramento has property in the Vineyard development. Mr. Sweeney noted that it is not centrally located in the area of the parish and he confirmed that there is no intention to ever build a church on the 4. Unwilling to compromise. - Mr. Sweeney countered that numerous changes were made in response to concerns raised by residents of the area; however, 5. There is a gas pipeline on the property. - Mr. Sweeney submitted an aerial photo showing where the pipeline runs along Bradshaw Road (filed) and referenced the email from Fire Chief Foster (see above "green sheet"), which  gymnasium, and a 960 seat permanent church would be built.  opponents had raised:  asserted that this is a false rumor.  the project is for a church, not a commercial venture.  Vineyard property.  he stated that the residents are unwilling to negotiate.  indicates it is not an issue of concern.  In closing, Mr. Sweeney maintained that the permit was denied based solely on a political argument. He asserted that there is no regulation that directly prohibits the construction of the church at the proposed location and it defies federal law. He asked Council to reverse the decision of Planning Commission and grant the  appeal.  Elk Grove City Council Page7of15  Regular Meeting, September 9,2009    PUBLIC COMMENT:  Note: Council Member Davis arrived at 7:34 p.m.  The following individuals spoke in support of the New Parish Catholic Church  project: Carmine Forcina Nymia Amey Gloria Wong Bill Klaproth Raquel Klaproth Tim Murphy Johnie Lauther Caz Sliwa Nanette Patron Ray Patron Annette Sliwa Matt Sliwa Lorraine Orlando Janie Gessner Margaret Rieschick Evelyn Lewis Anthony Moseby Jonathan Canuela Elisa Canuela Nettie Broussard Joel Hanna  Ann Hanna Susan Madden Ernest Martinez Kenneth Johnson Patty Haggard Norma Mifsud Paul Lindsay Rosalina Contreras Louie Contreras Dan Holmes Catherine Megill Marie Martinez Stephen Ruch Elizabeth Moseby Kimberly Coraza Dan Brennan Mike Himmelmann Hubert Lechner Gerardo Calvillo Bonita Malone Patty Suter  Frances Kang Eric Anderson Beverly Templeton LaRee Bermudez Raymond Andres Jack Williams Mark Jansson Fernando Gutierrez David Gau Terry Gau Kay Albiani Ken Holder Steven Spadaro Thomas McNamara Erwin Jordan Kevin Menager Tom Waltman Ken Louderback Gill Albiani Rev. Ray Hess Don Gordon  The following individuals voiced opposition to the New Parish Catholic Church project expressing concerns including the size and location of the project, inconsistency with the rural environment, and negative impacts on residents:  Gerald Moore Tom Shine Nikki Carpenter Lynn Wheat June Coats Shirley Peters Applicant Rebuttal:  Esther York Jim Burich David Dial Dan Best Leo Fassler Kathy Lee  Joan Reid Barbara Lemar Connie Conley Mike Thompson  In answer to Council Member Davis, Mr. Sweeney explained that the site was chosen because it was centrally located in the parish. It was a pastoral decision  Elk Grove City Council Page 8of15  Regular Meeting, September 9, 2009    made by the church for a variety of factors including a long term vision for growth and pastoral outreach. Mr. Sweeney pointed out that there is no requirement to investigate alternate sites and none have, or are planned, to be made. Mayor Hume asked whether a smaller scaled project could be proposed and then if the parish grew, the conditional use permit could be modified at a later date, to which Mr. Sweeney expressed a willingness to make compromises in order to get Motion: M/S Scherman/Cooper 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 NOTE: Council recessed at 9:59 p.m. and reconvened at 10:14 p.m. with all Mr. Sweeney stated that, if the plan was approved this evening, a future church with Duane Johnson of Comstock Johnson Architects, Inc. explained that the wall was placed on the south side of the project along the length of the parking lot to prevent Mayor Hume asked whether it would be possible to build a berm in the 60 foot landscape easement in lieu of the wall, to which Mr. Johnson replied in the In reply to Council inquiries, Mr. Johnson confirmed that the lighting currently proposed are down lights with timers. Security lighting is around the buildings with Council Member Cooper noted that Elk Grove's population has grown and the project fills a need in the community. He believed that a compromise to a 600 seat Council Member Davis agreed that more churches were needed in Elk Grove. He emphasized, however, that preservation of the rural area is vitally important to Council Member Detrick believed there were more appropriate locations to site the Vice Mayor Scherman acknowledged the need in the community for the church and  the project approved.  motion passed by the following vote: Ayes: 5; Noes: 0.  members present.  ac capacity of 600 could be agreed to.  vehicle headlights from shining beyond it.  affirmative.  minor lighting in the parking lot.  church was favorable and he expressed support for the project.  community.  church project, rather than in a rural area.  voiced support for the compromise of a 600 seat church.  Elk Grove City Council Page 9of15  Regular Meeting, September 9, 2009    Mayor Hume noted that churches are public institutions that are permitted uses in every residential zone. In response to Council Member Detrick's comment, Mr. Hume pointed out that commercial property prices would not be feasible. Further, he stated that it is not Council's role to determine which parcel of property NOTE: Council recessed at 11:02 p.m. and reconvened at 11:11 p.m. with all Council Member Davis recommended that the applicant devote time to building City Attorney Cochran explained that, once the public hearing is closed, the matter  they use.  members present.  consensus for the revised project by conducting public outreach. can be continued as a regular item at a future meeting. Mayor Hume declared the public hearing closed.  Council Member Davis announced that he would be absent at the September 23 meeting and Council Member Cooper stated he would be absent at the October 14 Motion: M/S Cooper/Scherman to direct staff to return to the City Council on October 28, 2009 with a revised site plan and conditions of approval for: 1. 16,000 square foot church identified as Phase 1 fora 600 seat church 2. Four bedroom 3,500 square foot rectory Phase 1B 3. K-8 school, two classroom buildings and one administration building 4. 600 seat church that reduces the 22,000 square foot building shown on the The motion passed by the following vote: Ayes: 4; Noes: 0; Abstained: 1  meeting.  site plan  5. Parking as required by City Code  (Davis).  Agenda Item No.7.2:  A public hearing to consider the amendment to the  Fiscal Year 2009-10 Community Development Block Grant Action Plan and provide  direction regarding the One-Stop Services Center  RECOMMENDATION  1. Adopt resolution approving the Amendment to the Fiscal Year 2009-10  Community Development Block Grant Action Plan; and 2. Provide direction regarding the One-Stop Services Center. Mayor Hume declared the public hearing open.  Elk Grove City Council Page 10of15  Regular Meeting, September 9, 2009    PUBLIC COMMENT: None.  Motion: M/S Scherman/Davis to continue the public hearing to the regularly scheduled meeting of October 14, 2009. The motion passed by the following  vote: Ayes: 5; Noes: 0.  REGULAR AGENDA ACTION ITEMS/REÇOMMENDATIONS  Agenda Item No. 8.1: operational impact report RECOMMENDATION:  Consider draft Elk Grove Charter and related fiscal and  Receive fiscal and operational impact report regarding the draft Elk Grove Charter  and provide direction as deemed appropriate. The City Council waived the verbal staff report.  PUBLIC COMMENT:  Matt Kelly representing the Sacramento-Slerra Building and Construction Trades Council requested that Council include language in the charter that addresses prevailing wages on public works projects, and provided suggested language in written communication (filed). Further, he strongly recommended that the threshold Jake Rambo, Charter Commissioner, explained that the current charter language would require the City to pay prevailing wages; however, it provides Council the authority to examine the issue later and create a prevailing wage ordinance if it chose to. He noted that the Charter Commission carefully weighed issues and strived for a balance between limiting the power of government and providing power Council Member Cooper felt that, if the City was funding a project, it should pay prevailing wage. He expressed support for lowering the threshold amount for public Nicole Goehring, Government Affairs Director for the Associated Builders and Contractors, explained that it is a construction trade association that includes predominantly open shop contractors that perform commercial, industrial, and public works projects. She stated that, under a charter, the City would have the right to make its own decisions on how prevailing wages are determined for City projects. She strongly recommended that the City not allow legislators outside the area to determine how the City is going to set prevailing wages. She explained that the City can calculate a percentage of the State wage and establish a higher threshold than the State's, which is $1,000. Additionally, the City can exempt its nonprofit projects  amount for public work be reduced from $50,000 to $5,000.  to government in order for it to act effectively.  work from $50,000 to $5,000.  Elk Grove City Council Page 11of15  Regular Meeting, September 9, 2009    from prevailing wage and exempt volunteer work from being included in prevailing Damon Mireski expressed agreement with Matt Kelly's comments. He voiced concern about the potential of changes being made from one Council to the next Inr response to Council inquiries, City Attorney Cochran reported that an appellate court held that chartered cities are exempted from the requirements of prevailing wage statute, Labor Code Section 1720, et seq.; however, the Supreme Court has now granted review of the case (State Building and Construction Trade Council of California, AFL-CIO V. City of Vista, April 28, 2009, D052181), sO at this point, it remains unclear as to Council Member Cooper recalled there having been strong support for prevailing wages at the March 24, 2009 community meeting held by the Charter Commission. Council Member Davis expressed his opinion that the following foundational changes need to be made to the charter, prior to it being presented for public comment, and further, that he could not support the charter without these changes: 1. Add language regarding prevailing wage as provided by the Sacramento- Sierra Building and Construction Trades Council, i.e. "Public Work: Construction, alternation, demolition, installation, repair and maintenance work paid for in whole or in part out of City funds shall be subject to state law concerning the payment of prevailing wages and training of apprentices."; 2. The threshold for public work projects should be lowered to $5,000; 3. He recalled that Elk Grove was founded on the premise that the City needed local control and he believed that council members elected "from" districts ensures elected officials are accountable to every neighborhood; therefore, he asked that "by" district elections be to changed "from" district.  wage calculations.  and felt that the charter should withstand time.  whether charter cities are required to pay prevailing wages.  Council Member Detrick expressed support for Council Members Cooper and Davis' Vice Mayor Scherman pointed out that "by" district elections would be less Council Member Davis countered that the "field is leveled" by providing for a runoff Council Member Detrick agreed that, financially, "by" district elections are more favorable for candidates; however, "from" district elections better represent the  comments.  expensive for city council candidates.  election if a majority vote is not obtained in the Primary Election.  citizenry, to which Council Member Cooper expressed agreement.  Elk Grove City Council Page 12of15  Regular Meeting, September 9, 2009    Council expressed agreement to eliminate the reference to granting the office of Mayor the power to suspend administrative actions of the City Manager and City City Manager Gill interjected that she could not understand what the administrative Inr reply to Mayor Hume, City Attorney Cochran explained that, as a charter city, general law applies regarding prevailing wage, unless there is specific language against it. She noted, however, that prevailing wage law includes exemptions such as affordable housing projects, which do not require the payment of prevailing Mayor Hume expressed concern with the proposed seven member City Council, as he felt it would be cumbersome. He pointed out an error regarding the number of members on the Independent Commission on City Districts, noting that it was written as though there was already a seven member City Council. He questioned the need for two-thirds votes throughout the charter. He felt the language was unclear in section 5.01 and should better address the City Manager. He believed that "from" district elections ensures geographic diversity and citywide Jake Allen, Charter Commission Chairman, explained that the idea of "administrative suspension" arose at the time the homecoming parade became an issue. Itwas a situation where a staff decision was not what the people wanted and ifan administrative suspension rule were in place, it could have been dealt with quickly through the Mayor and Council. In reference to "by" or "from" district elections, the decision was made for "by" districts, as it would lower the cost to run for office. He pointed out that it currently costs approximately $150,000, which is prohibitive for most people unless they have special interest donations or can contribute their own funds. In regard to the number of council members, Mr. Allen stated that the Commission felt a seven member council was fair representation for ao city with a population of 140,000. Additionally, he pointed out that, to have an elected mayor on a five member council would require the elimination of one district and he rhetorically asked which currently seated council member wanted to give up their district. He explained that the two-thirds vote requirement throughout the charter were for important issues that the Commission felt warranted protection In reference to prevailing wage, Mayor Hume expressed his opinion that the charter should remain silent on the issue. He felt there should be a middle ground that protects workers, provides for contracting requirements, and also allows the City  Attorney.  suspension" language in the charter was attempting to accomplish.  wages.  accountability.  from being easily changed.  flexibility to provide for positive incentives.  Elk Grove City Council Page 13of15  Regular Meeting, September 9, 2009    City Attorney Cochran pointed out that Section 2.04 requires unanimity of the council in order to declare an office vacant, to which Council agreed to change the Mayor Hume recommended that the charter be finalized in time to be placed on the June Primary Election ballot sO that, if it failed, there would be an opportunity to place the elective mayor question on the November General Election ballot. Vice Mayor Sherman and Council Member Davis voiced agreement, Council Member Cooper preferred that the charter measure be placed on the November ballot. Following discussion, Council concurred to make the following amendments to the draft charter language prior to it being circulated for public comment: Amend Section 2.01, City Council, Subsection A, 1 - changing "by" districts Remove Section 2.02. Mayor, Subsection B, 5 = related to administrative Amend Section 2.04, Vacancies, Subsection C - from "unanimous vote" to Correct Section 3.02, Independent Commission on City Districts, Subsection A,-t to reflect the fact that, if the charter is approved by the voters, the seven member City Council would not exist until after the 2012 election; Delete all references throughout the charter to a "two-thirds vote" and change Amend Section 6.01, Public Works, Subsection A, 1 - from $50,000 to Add language to Section 6.01, Public Works, as provided by the Sacramento-Sierra Building and Constructions Trades Council, i.e. Public Work: Construction, alteration, demolition, installation, repair and maintenance work paid for in whole or in part out of City funds shall be subject to State law concerning the payment of prevailing wages and training  statement to a majority of those present.  to" "from" districts; suspension'";  "majority vote of those present";  to" "majority vote"; $5,000;  ofapprentices.  GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the September 9, 2009 Administrative Report  (filed).  COUNCIL COMMENTSFUTURE AGENDA ITEMS  Reports on Regional Boards, Commissions, Committees; Travel/Training Expenditures Disclosure (in accordance with Resolution 2006-295 and Government  Code S 53232.3(d): None.  Elk Grove City Council Page 14of15  Regular Meeting, September 9,2009    ADJOURNMENT  With no additional business to conduct, the September 9, 2009 City Council  meeting was adjourned at 12:28 a.m. on September 10, 2009.  SElkt  SUSAN J. BLACKSTON, CITY CLERK  ATTEST:  TRAEA PATRICK HUME, MAYOR  Elk Grove City Council Page 150f15  Regular Meeting, September 9, 2009