CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, February 26, 2020  REGULAR MEETING  CALL TO ORDER/ROLL CALL  Mayor Ly called the regular City Council meeting of February 26, 2020 to order at Present: Mayor Ly, Vice Mayor Detrick, and Council Members Hume, Nguyen, and  6:25 p.m.  Suen.  Absent: None.  Police Officer Jarred Houston led the Pledge of Allegiance. Mayor Ly asked that a moment of silence be observed APPROVAL OF CITY COUNCIL AGENDA  Motion: M/S Detrick/Suen to approve the agenda as presented. The motion passed by the following vote: Ayes: 5 (Ly, Detrick, Hume, Nguyen, and Suen); Noes: 0;  Absent: 0. CLOSED SESSION None.  PRESENTATIONS/ANNOUNCEMENTS  4.1 With the aid of a visual presentation (filed), Twila Laster, Program Director of Saving Places - The SOL Project, and Danica Peterson, Health Educator with the Sacramento County Department of Health Resources, gave a presentation regarding restrictions on the sale and use of flavored tobacco, other tobacco related products, Vice Mayor Detrick inquired if there were statistics regarding the amount of online sales of tobacco related products, and Ms. Laster noted she could research the matter and forward Council Member Nguyen noted several regional agencies were implementing bans in their respective jurisdictions which could result in an influx of tobacco related products retailers moving into Elk Grove. She believed vaping products should be treated in City codes the same as tobacco products, she did not support a citywide ban on tobacco products but wanted to reduce exposure of sales to young people, she suggested heightening the age verification threshold, increasing penalties on those who sell tobacco products to youth, to  Our Legacy,  African  Americans  for  Smoke  Free  Safe  updating the definition of smoking, and retail density options.  information to the City regarding online sales statistics.  Elk Grove City Council Regular Meeting. February 26, 2020 Page1ofs    consider additional restrictions as brought up during the presentation, and consider a moratorium during the time the City considered new regulations on tobacco products. By consensus of the City Council, staff stated a moratorium would be returned for consideration at the next meeting. A moratorium would restrict new tobacco retailers, and staffwoulde evaluate the effectofamoratorium on existing tobaccoretailer businesses. The moratorium could be extended by action of the City Council to provide time for staff to Council Member Suen received confirmation that Sacramento County was working in conjunction with the Elk Grove Unified School District to address issues of tobacco use by teens, and he suggested a notice be sent to existing tobacco retailer businesses to make them aware of the City's consideration ofi increasing regulations on tobacco retail sales. 42 Mayor Ly presented a Certificate of Recognition to Police Officer Jarred Houston for Officer Houston's courage, assistance, and lifesaving efforts displayed on February  review the other regulation considerations discussed  11, 2020 rescuing a driver trapped in a vehicle that was on fire.  PUBLIC COMMENT  David Anderson requested an explanation regarding comments in an email from City staff regarding the Aquatics Center Project, which he believed City staff were withholding a report about work done at the Aquatics Center. Mr. Anderson stated the email he had read and referenced was produced under a Public Record. Act request, he disagreed with statements that the email record was in some way privileged and should not be released, and stated he would submit this same request for an explanation in writing to the City. Mike Allen stated his efforts to implement speed control measures on Elk Way, from Elk Grove-Florin Road to Lujan Drive, noting he initiated the required City process but then all progress on the matter stopped. Mr. Allen requested direction on how to continue the Council Member Hume encouraged Mr. Allen to discuss the matter with Public Works Mark Graham requested meetings with each member of the City Council to consider a "cell phone right to know" ordinance and submitted a video (filed) which discussed  process.  staff to look into the details of the matter.  potential health effects related to exposure to cell phones. GENERAL ADMINISTRATIONI INFORMATION  City Manager Jason Behrmann reviewed the February 26, 2020 Administrative Report  (filed).  COUNCIL COMMENTS/REPOREPORTS/FUTURE AGENDA ITEMS  Council Member Nguyen attended ani informational session with Dignity Health describing future hospital plans, noted an upcoming informational session on March 2 hosted by California Northstate University describing future hospital plans, and attended a meeting  Elk Grove City Councit Regular Meeting. February 26, 2020 Page2of6    with students of the Expanded Polystyrene (EPS) Committee asking the City to consider offering grants to restaurants transitioning away from use of EPS products, and consider a City program identifying a Green Seal of Approval for businesses using biodegradable container options (noting these suggestions would first be taken to the full EPS Committee with business owners and then return for City Council consideration). Council Member Suen also attended the meeting with students of the EPS Committee and discussion requested prohibiting the use of EPS products in City facilities, he noted the potential to incentivize the Green Seal program (consider working in conjunction with Elk Grove Chamber of Commerce), and he appreciated the students' perspective to utilize a grant program to make the transition away from EPS products over a period of time. The City Council agreed by consensus to return an item to consider a ban of EPS products in City facilities. Mr. Suen attended presentations from Tuskegee Airmen heritage members at the Veterans Hall, attended the Sacramento Area Council of Governments (SACOG) Board meeting, attended the Sacramento Transportation Authority (STA) Board meeting, and noted a District 1 informational session on February 27 hosted by California Northstate University describing future hospital plans. Council Member Suen noted an incident of a teen possibly assaulted by a homeless individual, and requested staff provide a status update on programs and activities in the City addressing homelessness and for staff to provide periodic reports on homelessness as City Manager Behrmann noted information on City policies and activities to address homelessness were available on the City website, he provided an overview of current staffing and programming to address nomelessness, and stated an agenda item to discuss strategies addressing homelessness was scheduled to return for consideration Council Member Hume attended meetings of the Sacramento Transportation Authority (STA) Board, he testified to California High Speed Rail Authority encouraging that agency toa adopt their 2020 business plan as presented, attended an initial planning meeting held by the Elk Grove Unified School District to consider creation of an education foundation, attended the Sacramento Regional County Sanitation District Board of Directors meeting, and noted attending a subcommittee meeting that was taking an exploratory review to consider melding the Sacramento Regional County Sanitation District and the Sacramento Area Sewer District (noting Sacramento County had expressed interest to Vice Mayor Detrick noted he would be meeting with Elk Grove Homeless Assistance Resource Team (HART), attended the Police Department. Awards luncheon, and received City Council consensus to return an item to consider policies to outline expectations of Council Member Nguyen expressed caution regarding polices on expectations of applicants, as outlining polices to meet with each member of the City Council and/or the standing appointed members could increase obligations (especially for boards that attracted a large volume of applicants), polices requiring applicants to attend to speak could create barriers for those who could not attend, and added requirements of applicants could procedurally constrain the decision making process of the City Council.  the topic evolved at the local, regional, and state levels.  at the first meeting in May.  assume the duties of the Sacramento Area Sewer District).  applicants to City boards and commissions.  Elk Grove City Council Regular Meeting, February: 26, 2020 Page3of6    Mayor Ly attended the Police Department Awards luncheon, attended the Sacramento Regional County Sanitation District Board of Directors meeting, and noted there was an upcoming meeting of the Sacramento Metropolitan Air Quality Management District.  CONSENT CALENDARITEMS PUBLIC COMMENT None.  Motion: M/S Nguyen/Suen to approve the Consent Calendar as presented. The motion passed by the following vote: Ayes: 5 (Ly, Detrick, Hume, Nguyen, and Suen); Agenda Item No. 8.1: Received Treasurer's Report and Other Post-Employment Agenda Item No. 8.2: Received the monthly Disbursement Summary and AP Check Register Listing for. January 1, 2020, through January 31, 2020, showing Automatic Clearing House Nos. 17116 through 17238; General Warrant Nos. 122531 through 122918; and Agenda Item No. 8.3: Approved City Council Meeting Minutes of the: 1) February 12, 2020 special and regular meetings; and 2) April 24, 2019 regular meeting. Agenda Item No. 8.4: Received report on City Manager approved purchases and contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and Purchasing, and projects awarded under the Uniform Public Construction Cost Agenda Item No. 8.5: Received report on Requests for Proposals, Qualifications, and Agenda Item No. 8.6: Adopted Ordinance No. 02-2020 finding no further environmental review is required pursuant to Section 15183 of the California Environmental Quality Act (CEQA) and approving a rezone from Agricultural Residential 5-acre minimum (AR-5) - to Low Density Residential (RD-4)f fort the Creekside Estates Project( PLNG18-103)/Serond Agenda Item No. 8.7: Cancelled the November 11, 2020 regular City Council meeting Agenda Item No. 8.8: Adopted Resolution No. 2020-035 accepting the Sheldon Road and Waterman Road Landscape and Irrigation Phase 2 (PT0138) and Grant Line Road Overcrossing Landscaping Improvements (WTR030) Projects as complete; authorizing the City Engineertoprepares and the City Clerk tot filet the Notice of Completionwitht the Sacramento County Recorder; and authorizing staff to amend the Annual Budget and Capitall Improvement Program by reducing the remaining project budget authority to zero and retuming any  Noes: 0; Absent: 0.  Retirement Benefits (OPEB) Report for. January 2020.  Electronic Fund Transfer Nos. 90071712 through 90071729.  Accounting Act, filed through February 18, 2020.  Bids.  Reading).  and scheduled a special meeting for November 18, 2020.  remaining funds back to their respective fund(s).  Elk Grove City Council Regular Meeting, February 26, 2020 Page 4of6    REGULAR. AGENDA ACTIONITEMS/RECOMMENDATIONS  Agenda Item No. 10.1: Consider an ordinance making administrative amendments to Elk Grove Municipal Code Sections 3.42.030.G.1 (defining "general services") and 3.42.030.P.2 (defining "public project") to make administrative revisions to the code and ensure consistency with the Uniform Public Construction Cost Accounting Act( (UPCCAA),  as implemented by the City (CEQA Exempt).  RECOMMENDATION  Staff recommends that the City Council receive information and introduce and waive the fullreading, by substitution oft title only, an ordinance amending Elk Grove Municipal Code Chapter 3.42 (Contracts and Purchasing) related to the definitions of General Services and With the aid of a visual presentation (filed), Tiffany Agrusa, Administrative Analyst,  Public Project.  provided an overview of the staff report and recommendation.  PUBLIC COMMENT None.  Motion: M/S Suen/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 03-2020 amending Elk Grove Municipal Code Chapter 3.42 (Contracts and Purchasing) related to the definitions of General Services and Public Project. The motion passed by the following vote: Ayes: 5 (Ly, Detrick, Hume,  Nguyen, and Suen); Noes: 0; Absent: 0.  ADJOURNMENT adjourned at 7:52 p.m.  With no additional business to conduct, the February 26, 2020 City Council meeting was  RSy JASON LINDGREN, CITY CLERK  ATTEST  STEVE  38  Elk Grove City Council Regular Meeting, February 26, 2020 Page6of6    Agenda Item No. 8.9: Adopted Resolution No. 2020-036 accepting the North Camden Drive Storm Drain Improvements (WDR023) and Blakemore Court and Hartwell Court Drainage Improvements (WDR038) Projects as complete; authorizing the City Engineer toy prepare and the City Clerk to file the Notice of Completion with the Sacramento County Recorder; and authorizing staff to amend the Annual Budget and Capital Improvement Program by reducing the remaining project budget authority to zero and returning any Agenda Item No. 8.10: Adopted Resolution No. 2020-037 accepting the Laguna Creek Open Space Preserve Trail Project (WTL022) (Federal Project ATPL-5479(051) as complete; and authorizing the City Engineert to prepare and the City Clerk to file the Notice Agenda Item No. 8.11: Adopted Resolution No. 2020-038 accepting the City Hall Reception Desk and Clerk's Office Remodel (WFC017) and 8401 Laguna Palms Remodel (WFC032) Projects as complete; authorizing the City Engineer to prepare and the City Clerk toi file the Notice of Completion with the Sacramento County Recorder; and reducing the remaining project budget authority to $24,000 for WFC017 and WFC032 Agenda Item No. 8.12: Adopted Resolution No. 2020-039 authorizing the City Manager to execute a contract between the City and the Cosumnes Community Services District to utilize the City's appraisal services for calculating parkland in-lieu fees (CEQA Exempt).  remaining funds back to their respective fund(s).  of Completion with the Sacramento County Recorder.  and returning any remaining funds back to their respective fund(s).  PUBLIC HEARINGS  Agenda Item No. 9.1: Conduct a Public Hearing and consider a Resolution declaring results of Majority Protest Proceedings and Renewing the Elk Grove Tourism Marketing  District.  RECOMMENDATION  Staff recommends the City Council conduct a public hearing to receive comment on the renewal of the Elk Grove Tourism Marketing District. At the conclusion of the public hearing, ift there is no majority protest from the lodging businesses, staff recommends the City Council adopt a Resolution renewing the Elk Grove Tourism Marketing District. With the aid of a visual presentation (filed), Darrell Doan, Economic Development Director, provided an overview of the staff report and recommended actions.  Mayor Ly declared the public hearing open.  PUBLIC COMMENT None.  Mayor Ly declared the public hearing closed.  Motion: M/S Detrick/Nquyen to adopt Resolution No. 2020-040 declaring results of Majority Protest Proceedings and Renewing the Elk Grove Tourism Marketing District. The motion passed by the following vote: Ayes: 5( (Ly, Detrick, Hume, Nguyen, and  Suen); Noes: 0; Absent: 0.  Elk Grove City Council Regular Meeting. February 26, 2020 Page! 50 of6