CITY OF ELK GROVE Incorporated. July 1, 2000  MINUTES OF THE CITY COUNCIL REGULAR MEETING Wednesday, January 8, 2020  CALL TO ORDER/ROLLCALL  Mayor Ly called the regular City Council meeting of January 8, 2020 to order at Present: Mayor Ly, Vice Mayor Detrick, and Council Members Hume, Nguyen, and  6:12 p.m  Suen.  Absent: None.  A team member of the Toby Johnson Middle School 8th Grade Girls Basketball Team Vice Mayor Detrick requested the meeting be adjourned in memory of Joachim "Joe"  led the Pledge of Allegiance.  Daehling, and Mayor Ly asked that a moment of silence be observed  APPROVAL OF CITY COUNCIL AGENDA  Motion: M/S Nquyen/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 Presentation of a Certificate of Achievement to the Toby Johnson Middle School Girls Basketball Team for outstanding performance in the 2018 and 2019 season  District Championships. 4.2 New Hire Introductions  Newly hired City Hall staff were introduced as follows' Police Officers Zheng Xiao and Chris Rahall, Registered Veterinary Technician Adriana Vian-Lazaro, Dispatcher Chelsea Yourdon, Animal Care Assistant Kathryn Ingoglia, Animal Services Officer Crystel Moecek, Human Resources Specialist Anmin Mahil, Engineering Technician I Frank Xiong, Engineering Technician II Civic Xiong, Senior Engineering Technician Sang Nguyen, Utilities Locator Ben Hendrick, Information Technology Analyst Hoa Huynh, Customer Service Specialist Omie Hartman, and Finance Analyst I Renee  Autar.  Elk Grove City Council Regular Meeting, January 8, 2020 Page 1of7    Promoted City Hall staff were introduced as follows: Police Officers Kellen Gomez, Timothy Huppert, and Essam Vigil, Senior Human Resources Specialist Jessica  Narayan, and Recycling Coordinator II Traci Goularte.  PUBLIC COMMENT  Brian Erickson, Crystal Cornelison, and Dave Anderson addressed litigation regarding the Aquatic Center, stating the dispute was negatively affecting Big B Construction. Mr. Erickson believed payments should be withheld from Willdan to provide for payments to Big B Construction for proceeding with the project in good faith, and questioned the campaign contributions and payments related to Willdan. Ms. Cornelison reviewed the City Code of Ethics and questioned if the City was following its Code of Ethics. Mr. Anderson stated he had filed complaints with the California Fair Political Practices Commission (FPPC) regarding issues of non- Yasar and Aisha Khan requested review and possible deferral of fees for a home they were building, noting the fees owed to date amounted to approximately $100,000. Vice Mayor Detrick noted some fees could be from other agencies, and requested staff coordinate with the Khan family and other local agencies on fee deferral programs. Representatives from Soroptimist International of Elk Grove submitted an informational packet (filed) raising awareness about human trafficking, career support for youth, and upcoming fundraisers and events of Soroptimist International of Elk Grove. Lynn Wheat noted her attire with a shirt commemorating her participation in the Citizen Planning Academy and earrings commemorating establishment of a Condition of Approval for the Silverado Village Project to have concrete pads required for the placement of home trash receptacles. She stated her intent to run for the District 3 Council Member seat in 2020. Ms. Wheat believed the General Plan Update was focused on outward growth (and instead she believed it should be focused inside the City boundaries), and noted seeing a Public Records Act request placed on an agenda of a local agency as a closed session matter which raised her concern if legal counsel was being included on correspondence to remove communications from being Staci Anderson appreciated the community support of the Dignity Health hospital announcement event and voiced support of the project. Ms Anderson stated she did not like the practices of California Northstate University (CNU) as an operator, developer, or in communicating processes noting notice was not received by the community regarding an Assembly Bill (AB) 900 process submitted by CNU (which commenced in September) and the community only knew after an update was sent by the City (after the deadline to submit comments on the project closed end of 2019). Constance Conley addressed litigation regarding the Aquatic Center and believed blame was on Willdan, she noted campaign donations were made by Willdan to council  compliance with Statements of Economic Interests filed by City.  responsive in future Public Record Act Requests.  members, and that Alvin Wong no longer worked for Willdan.  Elk Grove City Council Regular Meeting, January 8, 2020 Page2of7    Michael Monasky raised issues with how the City Council and the City conducted its business, stating his belief that items were not presented clearly, the public was routinely dismissed by the City, details were left out of presentations, and special With the aid of a visual presentation (filed), Mark Graham stated his belief that Federal Communications Commission licensees or applicants must complete a National Environmental Policy Act (NEPA) checklist for every cell facilty, such regulation should apply to small cell facilities deployed in Elk Grove, and he believed City staff were not Mayor Ly noted his availability to assist Mr. Graham with outreach to federal City Attorney Jonathan Hobbs noted that NEPA does not apply to City Council actions, but the California Environmental Quality Act (CEQA) did apply to actions of the City, and CEQA review was completed for the changes to the zoning code and the Master Jan Smutney-Jones appreciated the Dignity Health hospital announcement event. He described issues with the approach of the CNU Hospital Project and how it was proceeding forward, and expressed hope for increased communication and  interests lobbied for their causes through campaign funding.  addressing the concems nor informing the Council on such issues.  government representatives  License Agreements.  transparency on the CNU Hospital Project going forward. GENERAL ADMINISTRATION INFORMATION  City Manager Jason Behrmann reviewed the January 8, 2020 Administrative Report  (filed).  COUNCIL COAMETS/REPRIEINIUEE AGENDA ITEMS  Council Member Nguyen attended the Dignity Health hospital announcement event, and Council Member Hume noted the upcoming meeting of the Sacramento Transportation Authority (which would be reviewing the expenditure plan for a potential sales tax increase proposed for a future ballot measure), and voiced appreciation for how the District56 site was decorated for the holiday season. Mr. Hume addressed representatives of Big B Construction and speakers on the litigation regarding the Aquatic Center, noting the City desired for the work done on the Aquatic Center to be completed to an acceptable standard, the work product produced held unacceptable results, and the City was pursuing its rights to see to the completion of the project. He believed Big B Construction needed to pursue the matter with Arntz Builders (the General Contractor for the project), and Mr. Hume believed not all parties were participating and those parties needed to come forward to discuss the issue. City Attorney Hobbs confirmed that Big B Construction was a named defendant in the lawsuit (as were other parties) the City was encouraging Arntz Builders and Big B  stated she had no further items to report.  Elk Grove City Council Regular Meeting, January 8, 2020 Page 3of7    Construction to work out their differences, and noted that previously Big B Construction had filed a cross complaint to Arntz Builders but that had been since been dismissed. The City believed the matter was a design and construction Issue, it would be beneficial for parties to come together, there was no intent to put companies out of business, and Council Member Suen noted the upcoming meeting of the Sacramento Transportation  the City wanted to resolve issues with defective, cracked concrete.  Authority.  Vice Mayor Detrick had no items to report.  Mayor Ly appreciated the decorations around the site of District56 during the holidays, especially the tree lit up at night, and stated he had no further items to report.  CONSENT CALENDAR ITEMS PUBLIC COMMENT  Lynn Wheat addressed Item 8.9, stating her belief the facility was not structurally sound for use as a library. If library uses were moved to another site, she suggested using the facility for other uses (such as space for non-profit organizations) and keep the building open to the public. She noted she had been following the process of the Sphere of Influence annexation for sports fieids which was scheduled to return in March, raising aesthetic concerns of a drainage requirement designing one of the sports fields to operate as a detention basin. Ms. Wheat believed Sacramento Transportation Authority funds generated through a future sales tax measure would likely be used for construction of the Capital SouthEast Connector and growth, expanding regional growth 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 Agenda Item No. 8.1: Received Treasurer's Report and Other Post-Employment Agenda Item No. 8.2: Approved City Council meeting minutes of the December 11, Agenda Item No. 8.3: 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. 8.4: Received report on Requests for Proposals, Qualifications, and Agenda Item No. 8.5: Adopted Ordinance No. 28-2019 finding no further environmental review is required pursuant to State CEQA Guidelines Section 15162  and further impacting traffic congestion.  Suen); Noes: 0; Absent: 0.  Retirement Benefits (OPEB) Report for November 2019.  2019 special meeting and the October 23, 2019 regular meeting.  Accounting Act, filed through December 31, 2019.  Bids.  Elk Grove City Council Regular Meeting, January 8,2020 Page40 of7    and adopting amendments to the Elk Grove Municipal Code (Text Amendments) General Plan-Zoning Consistency Program, Phase 2 File No. PL0022 (Second Agenda Item No. 8.6: Adopted Ordinance No. 29-2019 amending portions of the Elk Grove Municipal Code Title 23 (Zoning) to implement the Climate Action Plan Electric Agenda Item No. 8.7: Adopted Ordinance No. 30-2019 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2003-2 (Police Services) (Annexation No. 49) and amending Elk Grove Municipal Code Section Agenda Item No. 8.8: Adopted Ordinance No. 31-2019 levying and apportioning the special tax in territory annexed to Community Facilities District No 2006-1 (Maintenance Services) (Annexation No. 55) and amending Elk Grove Municipal Code Agenda Item No. 8.9: Adopted Resolution No. 2020-001 amending the Fiscal Year 2019-20 Budget to add $145,000 for the Elk Grove Library Second Floor Structural Agenda Item No. 8.10: Adopted Resolution No. 2020-002 authorizing the City Manager to execute a construction contract with McGuire & Hester for the Pavement Repair in Preparation for WPR020 Project in the amount of $562,800; authorizing the City Engineer to approve change orders not-to-exceed $57,000; and authorizing the City Manager to execute a construction contract with the second lowest bidder, if the first lowest bidder does not meet filing obligations (No further CEQA review required). Agenda Item No. 8.11: Adopted Resolution No. 2020-003 accepting the Bruceville Road and Poppy Ridge Road /Quail Run Lane Intersection Signalization (WTR011) as complete; authorizing the City Engineer to 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 remaining funds back to their respective Agenda Item No. 8.12: Adopted Resolution No. 2020-004 accepting the Elk Grove and Laguna Boulevards UPRR XING Interim Bike Lane Improvements Project (WAMO02) as complete; authorizing the City Engineer to prepare and the City Clerk to file the Notice of Completion with the Sacramento County Recorder; and authonzing staff to amend the Annual Budget and Capital Improvement Program to use up to $244,000 in currently available LTF - Bikes and Pedestrians (Fund 305) funds in place of Measure A Safety, Bike and Pedestrian (Fund 393) funds, reducing the remaining project budget authority to zero and returning any remaining funds back to their Agenda Item No. 8.13: Adopted Resolution No. 2020-005 accepting the 2019 Pavement Slurry Seal and Resurfacing Project (WPRO19) as complete; authorizing the City Engineer to prepare and the City Clerk to file the Notice of Completion with the  Reading).  Vehicle (EV) Charging Requirements (Second Reading).  3.18.010 (Second Reading).  Section 3.19.010 (Second Reading).  Repair and Flooring Replacement Project (FM1806) (CEQAExempt).  fund(s).  respective fund(s).  Elk Grove City Council Regular Meeting, January 8, 2020 Page5of7    Sacramento County Recorder; and authorizing staff to amend the Annual Budget and Capital Improvement Program by reducing the remaining project budget authority to Agenda Item No. 8.14: Adopted Resolution No. 2020-006 approving the Fiscal Year 2019-20 Transportation Development Act (TDA) Claim, and authorizing submission by the City Manager, or designee, to the Sacramento Area Council of Governments (SACOG) for Local Transportation Funds (LTF) and State Transit Assistance Funds Agenda Item No. 8.15: Adopted Resolution No. 2020-007 dispensing with competitive proposals pursuant to Elk Grove Municipal Code Chapter 3.42 and authorizing the City Manager to execute a contract with HF&H Consultants, LLC for Franchise Agreement Negotiation Services in an amount not to exceed $108,995, or other such amount as Agenda Item No. 8.16: Adopted: 1) Resolution No. 2020-008 a Resolution of Intention to renew the Elk Grove Tourism Marketing District and fixing the time and place of a public meeting and a public hearing, and 2) Resolution No. 2020-009 requesting consent of the County of Sacramento to Renew the Elk Grove Tourism Marketing Agenda Item No. 8.17: Adopted Resolution No. 2020-010 authorizing the City Manager to execute an amendment to the contract with ELS Architecture and Urban Design for the Civic Center North Property site planning and feasibility analysis in the amount of $40,836 for a total contract value of $ $235,836, or other such amount as Agenda Item No. 8.18: Adopted Resolution No. 2020-011 dispensing with the competitive proposal process pursuant to Elk Grove Municipal Code Chapter 3.42 and authorizing the City Manager to execute an amendment to the Civic Center Art Management Contract to include all public artwork management for a total contract not to exceed amount of $72,550, or other such amount as may be directed by the City Agenda Item No. 8.19: Authorized recruitment to fill one vacancy on the Planning  zero and returning any remaining funds back to their respective fund(s).  (STA).  may be directed by the City Council.  District.  may be directed by the City Council.  Council. Commission. PUBLIC HEARINGS None.  REGULAR AGENDA ACTION ITEMS/RECOMMENDATIONS  Agenda Item No. 10.1: Consider a resolution adopting a Charter for Compassion for  the City of Elk Grove and establishing a Compassion Awards Program  RECOMMENDATION  Adopt resolution adopting a charter for compassion for the City of Elk Grove. Additionally, staff recommends that the Council provide direction to staff on an outline  Elk Grove City Council Regular Meeting, January 8, 2020 Page6of7    for a Compassion Awards Program and authorize the City Manager to develop a Compassion Awards program and guidelines in consultation with Compassion Elk With the aid of a visual presentation (filed), Carrie Whitlock, Strategic Planning and Innovation Program Manager, provided an overview of the staff report and  Grove.  recommendation. PUBLIC COMMENT  Greg McAvoy, Bonnie McGraw, Brenda Kress, Sandy Maliga, Paul Merrill, Mackenzie Wieser, William Myers, Laura Hansen, and Constance Conley spoke in support of the Council Member Hume requested consideration to host a workshop on the Citizen Portrait of Elk Grove," consider changing Compassion Tickets to Compassion Citations, and when planning a Compassion Awards program to build in sustainability by managing the number of awards given each year to keep the program going forward Motion: M/S Hume/Detrick to adopt Resolution No. 2020-012 adopting a Charter for Compassion for the City of Elk Grove and establishing a Compassion Awards Program. The motion passed by the following vote: Ayes: 5 (Ly, Detrick, Hume, Nguyen,  staff recommendation.  with ample nominees years into the future.  and Suen); Noes: 0; Absent: 0. ADJOURNMENT  With no additional business to conduct, the January 8, 2020 City Council meeting was  adjourned at 8:06 p.m. in memory of Joachim Daehling.  BR JASON LINDGREN, CITY CLERK  ATTEST:  STEVE LY, MAYOR 5  Elk Grove City Council Regular Meeting, January 8, 2020 Page7of7