CITY OF ELK GROVE Incorporated July 1, 2000 MINUTES OF THE CITY COUNCIL Wednesday, January 22, 2020 REGULAR MEETING CALL TO ORDER/ROLLCALL Mayor Ly called the regular City Council meeting of January 22, 2020 to order at Present: Mayor Ly, Vice Mayor Detrick, and Council Members Hume and Suen. Absent: Council Member Nguyen (Council Member Nguyen arrived at 6:03 p.m.). 6:01 p.m. Astudent from Franklin High School led the Pledge of Allegiance. Mayor Ly asked that a moment of silence be observed. APPROVAL OF CITY COUNCIL AGENDA Item 8.17 be removed from the agenda. City Clerk Jason Lindgren noted a staff memo (filed) had been submitted to request that Note: Council Member Nguyen arrived at 6:03 p.m. Motion: M/S Suen/Detrick to remove Item 8.17 and to approve the remainder of 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 41 Presentation of donation by David and Elizabeth Brown of Dreaming Dog Brewery in support of the Veterans Memorial presented to the Cosumnes Legacy Foundation. 4.2 With the aid of a visual presentation (filed), the Youth Commission provided a Semi-Annual Update to the City Council. PUBLIC COMMENT Brian Erickson addressed litigation regarding the Aquatic Center, stating the dispute was negatively affecting Big B Construction and confirmed that Big B Construction was named as party to the lawsuit. He believed Arntz Builders and Big B Construction were participating to resolve matters and had acted in good faith to remove defective Elk Grove City Council Regular Meeting, January 22,2020 Pageiofs products. He believed Willdan and SWA Group were not participating to resolve matters, and that pay should be withheld from Willdan to motivate participation to resolve issues and to enable payments to Arntz Builders and Big B Construction. Mr. Erickson believed the matter will go to jury trial and exhaust additional funds and resources, and he questioned campaign contributions and payments related to Willdan. David Anderson believed the City Council was ignoring comments from Big B Construction and that the City was acting in its own interest. He questioned the nature of the filed lawsuit sharing that quality control was a responsibility of the City, and that City contracted construction management firms had not issued deficiency notices or notices of noncompliance regarding the concrete construction. Mr. Anderson believed the matter was a design failure, and that Arntz Builders and Big B Construction would With the aid of a visual presentation (filed), Mark Graham believed cell antenna permits should require as a condition environmental review completed under the National Environmental Policy Act (NEPA), and requested a meeting with City Manager and City Tyra Jose, Siddhant Saxena, Amrit Atwal, Maryam Nekaieh, Amrita Kaler, Alyson Yee, Hannah Rae Villareal, Luisa Aguirre, Selena Enriquez, Addie Partington, and Arshjot Atwal addressed the Expanded Polystyrene (EPS) Committee stating no progress was being made and the adult participants representing businesses seemed to be stalling and slowing the process of the discussion. Speakers supported a ban of EPS products, noted surveys of local restaurant owners displayed support of a ban of EPS products or requirement to use biodegradable products, and sought direction to move towards Lynn Wheat supported a ban of EPS products, expressed appreciation to youth speakers addressing the issue of banning EPS products, and noted she intended to run prevail in the lawsuit. Attorney to discuss this issue. regulation of EPS products. for the council member District 3 office in the November 2020 election. GENERAL ADMINISTRATION INFORMATION City Manager Jason Behrmann reviewed the January 22, 2020 Administrative Report (fled). COUNCIL COMMENTS/REPORTS/FUTURE AGENDA ITEMS Council Member Nguyen suggested she and Council Member Suen meet with the student EPS Committee participants to discuss the process to date. She participated in the MLK365 March for the Dream event, and received City Council consensus to return and receive a presentation from the organization Saving Our Legacy to consider an ordinance banning flavored or aroma based tobacco and/or vaping devices. Council Member Hume attended the Sacramento Transportation Authority (STA) Board meeting which received comments on the draft expenditure plan for a potential sales tax measure (noting public meetings on the topic would be scheduled throughout the month of February), attended the Paratransit, Inc. Board meeting (and as the meeting went Elk Grove City Council Regular Meeting. January 22, 2020 Page2of8 long he missed attending the Hall of Fame event hosted by the Elk Grove Community Council), and attended meetings of Sacramento Regional Transit District and the Council Member Suen stated he had been voted as Chair of STA Board for the upcoming year, attended the Sacramento Area Council of Governments (SACOG) Board meeting, and participated in the MLK365 March for the Dream event. Vice Mayor Detrick attended the Elk Grove Chamber of Commerce installation of officers event, attended the North State Building Industry Association installation of officers event, attended the Hall of Fame event hosted by the Elk Grove Community Council, and attended the MLK Community Breakfast event hosted by Elk Grove Community Partners. Vice Mayor Detrick received City Council consensus that after Council Members Nguyen and Suen met with EPS Committee representatives to return Mayor Ly requested when the report returns to provide an overview of the process to date and identification of barriers to progress of the EPS Committee. Mayor Ly noted several Lunar New Year celebrations were occurring in the region (including the upcoming event hosted by the City), attended the MLK Community Breakfast event hosted by Elk Grove Community Partners, participated in the MLK365 March for the Dream event, and attended the Sacramento Regional County Sanitation District Board Sacramento Regional County Sanitation District. astatus report from staff on the EPS Committee. meeting. CONSENT CALENDAR ITEMS PUBLIC COMMENT Lynn Wheat addressed Items 8.6, 8.7, and 8.15 requesting these status update items be pulled for discussion to report to the public progress towards City goals and projects. Motion: M/S Hume/Detrick noting the removal of Item 8.17 and to approve the remainder of the Consent Calendar as presented. The motion passed by the following vote: Ayes: 5 (Ly, Detrick, Hume, Nguyen, and Suen); Noes: 0; Absent: 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 December 1, 2019 through December 31, 2019, showing Automatic Clearing House Nos. 17021 through 17115; General Warrant Nos. 122209 through 122530; and Electronic Fund Transfer Nos. 90071695 through 90071711. Agenda Item No. 8.3: Approved City Council meeting minutes of the January 8, 2020 Agenda Item No. 8.4: Received report on City Manager approved purchases and contraƧts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and 0. Retirement Benefits (OPEB) Report for December 2019. special meeting. Elk Grove City Council Regular Meeting, January: 22,2020 Page 3of8 Purchasing, and projects awarded under the Uniform Public Construction Cost Agenda Item No. 8.5: Received report on Requests for Proposals, Qualifications, and Accounting Act, filed through filed through January 14, 2020. Bids. Agenda Item No. 8.6: Received Update on City Council Priority Projects. Agenda Item No. 8.7: Received and filed the Fiscal Year (FY) 2019-2024 Capital Improvement Program Quarterly Status Report for the Second Quarter of FY2020. Agenda Item No. 8.8: Adopted Resolution No. 2020-013 authorizing the City Manager to execute a reimbursement agreement with the West Sacramento Area Flood Control Agency (WSAFCA) for potential road repairs resulting from the hauling of surplus material from EchoWater Project for the restoration of the Riverpark Borrow sites in Agenda Item No. 8.9: Adopted Resolution No. 2020-014 accepting the Bond Road Pavement Rehabilitation WTC015 Project (OM1906) as complete; authorizing the City Engineer to prepare and the City Clerk to file the Notice of Completion with the Agenda Item No. 8.10: Adopted Resolution No. 2020-015 authorizing the City Engineer to approve contract change orders for the Aquatics and Civic Center Commons Project (WCC002) in an amount not-to-exceed $2,870,978, an increase of Agenda Item No. 8.11: Adopted Resolution No. 2020-016 authorizing the City Manager to execute a maintenance contract with Harlan Services, Inc. dba Valley Green Pest Control (Valley Green Pest Control) for the Weed Abatement Project (OM2008) based on the rates and scope of services in the bid; authorizing the City Engineer, or authorized designee, to issue work orders under this maintenance contract in an amount not to exceed $1,617,851.50 over a period of five years; and authorizing the City Manager to take alternative action as deemed appropriate (CEQA Exempt). Agenda Item No. 8.12: Adopted Resolution No. 2020-017 authorizing the City Manager to execute a First Amendment to Contract C-16-613 with Downtown Ford Sales, Inc. for vehicle service and repair of City owned vehicles, extending the contract until April 30, 2020 and authorizing an expenditure of funds not-to-exceed $36,000 [fora total expenditure of funds over the term of the contract not-to-exceed $461,000). Agenda Item No. 8.13: Adopted Resolution No. 2020-018 approving the Final Map for Fieldstone North Village 2 Subdivision (Subdivision No. 13-004-02) and authorizing the City Manager to execute the Subdivision Improvement Agreement (CEQA Exempt). Agenda Item No. 8.14: Adopted Resolution No. 2020-019 approving the Final Map for Fieldstone North Village 3 (Subdivision No. 13-004-03) and authorizing the City Manager to execute the Subdivision improvement Agreement (CEQA Exempt). West Sacramento. Sacramento County Recorder. $71,000. Elk Grove City Council Regular Meeting, January: 22,2020 Page4of8 Agenda Item No. 8.15: Received and accepted the Comprehensive Annual Financial Agenda Item No. 8.16: Adopted: 1) Resolution No. 2020-020 declaring intention to annex territory to Community Facilities District No. 2003-2 (Police Services) and to levy a special tax to pay for police services (Annexation No. 50); 2) Resolution No. 2020-021 declaring intention to annex territory to Community Facilities District No. 2006-1 (Maintenance Services) and to levy a special tax to pay for maintenance services (Annexation No. 57); 3) Resolution No. 2020-022 declaring intention to annex territory to Street Maintenance District No. 1, Zone 3-AA (Annexation No. 38) and to levy a special tax to pay for street maintenance; 4) Resolution No. 2020-023 declaring intention to annex territory to Street Maintenance District No. 1, Zone 5-0 (Annexation No. 18) and to levy a special tax to pay for street maintenance; and 5) Resolution No. 2020-024 declaring intention to annex territory to Storm Water Drainage Fee Zone 2 (Annexation No. 31) pursuant to the Benefit Assessment Act of 1982 for the Sanabria Drywall, the Note: Item 8.17 was removed from consideration during approval of the agenda. Agenda-Om-NO-BAT-ASPHeswNgnPeCH/Managerib-exesue-a-use Agreeenterthe-EKGroveAguaice-CemerEheEKGrove-niestact Agenda Item No. 8.18: Adopted Resolution No. 2020-025 authorizing the City Manager to accept Domestic Cannabis Eradicaton/suppresson Program (DCESP) grant funding from the U.S. Department of Justice Drug Enforcement Administration to implement a strategic enforcement initiative for marijuana eradication and amending the Agenda Item No. 8.19: Adopted Resolution No. 2020-026 authorizing the City Manager to execute an agreement with Apple, Inc. accepting a cash donation on behalf of the Elk Grove Police Department to be used for dispatch equipment and training in the amount of approximately $98,600, amending the Fiscal Year 2019-20 budget by increasing the Police Department's revenue and expenditure budget by the same amount, and accepting a donation of products valued at approximately $131,075 for a Report for Fiscal Year ending June 30, 2019. Tankersley Parcel Map, and the Vineyard at Madeira Pad E Projects. (EGUSD) Police Department's budget in the amount of $25,000. total contribution of approximately $229,675. PUBLIC HEARINGS Agenda Item No. 9.1: Conduct a Public Hearing in consideration of resolutions calling a special election and declaring results of the special election to annex certain territory as described to Community Facilities District No. 2006-1 (Maintenance Services), and to introduce an ordinance levying and apportioning the special tax to the annexing area for the Bruceville Meadows Project. RECOMMENDATION A-1) Adopt resolution calling a special election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2006-1 (Maintenance Services) to the qualified electors; and Elk Grove City Council Regular Meeting. January 22,2020 Page! 50f8 A-2) (Following tabulation and certification of ballot results by the City Clerk) Adopt resolution declaring results of the special election held on January 22, 2020 for the fifty-sixth annexation to Community Facilities District No. 2006-1 A-3) Introduce and waive the full reading, by substitution of title only, an ordinance levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 56) and (Maintenance Services); and amending Elk Grove Municipal Code Section 3.19.010 With the aid of a visual presentation (filed), Brad Koehn, Director of Finance and Administrative Services, 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 #A-1: M/S Suen/Nguyen to adopt Resolution No. 2020-027 calling a special election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2006-1 (Maintenance Services) to the qualified electors. The motion passed by the following vote: Ayes: 5 (Ly, Detrick, City Clerk Lindgren announced of 332 possible votes, 332 affirmative votes were cast authorizing the City of Elk Grove to levy a special tax at the rate apportioned and described. The measure passed with more than two-thirds of all votes cast in the election in favor of the measure. A resolution declaring the results of the election was Motion #A-2: M/S Suen/Nguyen to adopt Resolution No. 2020-028 declaring results of the special election held on January 22, 2020 for the fifty-sixth annexation to Community Facilities District No. 2006-1 (Maintenance Services). The motion passed by the following vote: Ayes: 5 (Ly, Detrick, Hume, Nguyen, and Suen); Noes: 0; Motion #A-3: M/S Suen/Nguyen to introduce and waive the full reading, by substitution of title only, Ordinance No. 01-2020 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 56) and amending Elk Grove Municipal Code Section 3.19.010. The motion passed by the following vote: Ayes: 5 (Ly, Detrick, Hume, Hume, Nguyen, and Suen); Noes: 0; Absent: 0. available for Council consideration. Absent: 0. Nguyen, and Suen); Noes: 0; Absent: 0. REGULAR AGENDA ACTION TENS/RECOMMEMDATONS Agenda Item No. 10.1: Provide an endorsement of the proposed Sacramento Homeless Policy Council and appoint one Council member to serve as a representative on the Sacramento Homeless Policy Council Elk Grove City Council Reguiar Meeting, January 22,2020 Page6af8 RECOMMENDATION on the Policy Council. Staff recommends the City Council endorse the proposed Sacramento Homeless Policy Council (Policy Council) and appoint one Council member to serve as a representative With the aid of a visual presentation (filed), Sarah Bontrager, Housing and Public Services Manager, provided an overview of the staff report and recommendation. PUBLIC COMMENT None. Mayor Ly, with the approval of the City Council, appointed Council Member Nguyen to Agenda Item No. 10.2: Receive a Presentation on Recent Economic Development serve as representative on the Sacramento Homeless Policy Council. Activities and Market Information. RECOMMENDATION as appropriate. Staff recommends that the City Council receive a presentation on recent economic development activities and market information and provide feedback and direction to staff With the aid of a visual presentation (filed), Darrell Doan, Economic Development Director, provided an overview of the staff report and recommendation. PUBLIC COMMENT None. The City Council received and filed the report. Agenda Item No. 10.3: Consider appointment of one voting member to the Youth Commission. RECOMMENDATION Receive information from the Mayor, with approval of the City Council, regarding Jason Lindgren, City Clerk, provided an overview of the staff report and appointment of one voting member to the Youth Commission. recommendation. PUBLIC COMMENT Amrit Atwal, Kai Serran, Kassi Parsons, Victoria Martinez, and Alyson Yee spoke as Selena Enriquez described the commitment and processes of the Youth Commission, encouraging potential appointees to actively contribute to the Youth Commission. She encouraged appointment of a candidate from a school not currently represented applicants seeking appointment to the Youth Commission. Elk Grove City Council Regular Meeting, January 22,2020 Page7of8 (suggesting a student from Monterey Trails or Cosumnes Oaks High School). In regards to consideration to expand the number of members on the commission, Ms. Enriquez believed there were other means to receive feedback and input from youth in the community, but if expanding the number of voting members on the Youth Commission to consider having two representatives from each high school campus. Mayor Ly, with the approval of the City Council, appointed Victoria Martinez to the Youth Commission. ADJOURNMENT adjourned at 8:30 p.m. With no additional business to conduct, the January 22, 2020 City Council meeting was AEOhe JASON LINDGREN, CITYCLERK ATTEST: - STEVE LY, MAYOR Elk Grove City Council Regular Meeting. January 22,2020 Page8af8