CITY OF ELK GROVE Incorporated July 1, 2000 MINUTES OF THE CITY COUNCIL REGULAR MEETING Wednesday, October 9, 2019 CALL TO ORDER/ROLL CALL Mayor Ly called the regular City Council meeting of October 9, 2019 to order at Present: Mayor Ly, Vice Mayor Hume and Council Members Detrick, Nguyen, and 6:36 p.m. Suen. Absent: None. The City Code Enforcement Division led the Pledge of Allegiance. Mayor Ly asked that a moment of silence be observed. Council Member Detrick encouraged the community to think of those experiencing current power outages in the state and the public safety workers serving those areas. APPROVAL OF CITY COUNCIL AGENDA Motion: M/S Detrick/Nguyen to approve the agenda as presented. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Absent: 0. CLOSED SESSION None. PRESENTATIONS/ANNOUNCEMENTS 4.1 Council Member Nguyen presented a proclamation to Amanda Nelson, Executive Director of Albie Aware Breast Cancer Foundation, declaring October 2019 as Breast Cancer Awareness Month. 4.2 Vice Mayor Hume presented a proclamation to Steve Capps and Anne Hennessey, members of the Disability Advisory Committee, declaring October 2019 as Disability Awareness Month. 4.3 Vice Mayor Hume presented a proclamation to Steve Capps and Anne Hennessey, members of the Disability Advisory Committee, declaring October 15, 2019 as White Cane Safety Day. 4.4 Council Member Suen presented a proclamation to Joyce Bilyeu, Director of Client Services at the Sacramento Regional Family Justice Center, and Beth Hassett, Chief Executive Officer at' WEAVE, declaring October 2019 as Domestic Violence Awareness Month. Elk Grove City Council Regular Meeting, October 9,2019 Page 1of7 4.5 Mayor Ly presented a proclamation to the City Code Enforcement Division recognizing Code Enforcement Officer Appreciation Week - October 6 through 12,2019. PUBLIC COMMENT Mark Graham suggested holding closed sessions earlier to facilitate a timelier start to regular meetings. He noted recent Federal Communications Commission (FCC) orders had been challenged, and though City actions on August 28, 2019 accounted for the possibility to revise fees if the FFC orders were overturned, he suggested revising the City Code and related documents to implement contingencies if there were new rulings or FCC orders were overturned. Mr. Graham believed the City should implement more application content requirements, referencing materials he had previously submitted of application content requirements of other jurisdictions. GENERAL ADMINISTRATION INFORMATION City Manager Jason Behrmann reviewed the October 9, 2019 Administrative Report (filed). COUNCIL COMMENTS /REPORTS/FUTURE AGENDA ITEMS Council Member Detrick attended the Giant Pumpkin Festival, attended the grand re- opening of the newly branded Mazda facility, and attended a Rotary fundraiser dinner Council Member Nguyen noted she was administering a seed grant providing $500 in Council Member Suen attended the Giant Pumpkin Festival, attended a Walk to School Day event, attended the 100 Men Campaign to stand with the Family Justice Center against domestic violence, attended the Sacramento Area Council of Governments (SACOG) Policy & Innovation Committee meeting, and noted upcoming meetings of the Sacramento Transportation Authority (STA) and the Sacramento Public Library Vice Mayor Hume attended the Sacramento Regional Transit District (RT) Board meeting and attended the Sacramento Regional County Sanitation District Board Mayor Ly attended a candlelight vigil held in memory of Sandeep Dhaliwal, a Sikh event benefitting Elk Grove Future Farmers of America. funding to community organizations or youth groups. Authority. meeting. sheriff's deputy shot and killed in Texas. CONSENT CALENDARITEMS PUBLIC COMMENT Lynn Wheat addressed Item 8.5 suggesting next year a Request for Proposals be initiated to provide Development Services Department support and to seek a firm other than Willdan. Ms. Wheat also addressed Item 8.10 wanting to know more of the Elk Grove City Council Regular Meeting, October 9, 2019 Page 2of7 financial implications as the matter appeared as a gift of public funds, and she Kathy Engle addressed Item 8.2 asking what services the contracted firm Klaggett Wolf and Associates would be providing. Ms. Engle also addressed Item 8.5 questioning what the payments by the City to Willdan were utilized for, questioned campaign donations from Willdan, and inquired how much had been spent on attorney's fees for Motion: M/S Suen/Detrick to approve the Consent Calendar. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Agenda Item No. 8.1: Approve City Council meeting minutes of the September 25, Agenda Item No. 8.2: Receive 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. 8.3: Receive report on Requests for Proposals, Qualifications, and Agenda Item No. 8.4: Adopt Ordinance No. 21-2019 finding that no further environmental review is required pursuant to State CEQA Guidelines Section 15183 and approving the rezone for the 8711 Bradshaw Road Tentative Parcel Map Project (PLNG18-072); Assessor's Parcel Number 122-0190-005 (Second Reading). Agenda Item No. 8.5: Adopt Resolution No. 2019-216 authorizing the City Manager toe execute the Second Amendment to Contract No. C-16-526 with Willdan Engineering Agenda Item No. 8.6: Adopt Resolution No. 2019-217 authorizing the City Manager to execute a Billing Agreement for Small Cell Connections to City Streetlights with the Agenda Item No. 8.7: Adopt Resolution No. 2019-218 authorizing the City Manager to execute a maintenance contract with MCE Corporation for the Public Works - Public Infrastructure Maintenance (PIM) Project (OM1904) based on the rates and scope of services in the bid and authorizing the City Engineer, or authorized designee, to issue work orders under this maintenance contract in an amount not to exceed the amount budgeted for this work through the Fiscal Year Annual Budget process; and authorizing the City Manager to execute a maintenance contract with the second lowest bidder, if Agenda Item No. 8.8: Adopt Resolution No. 2019-219 authorizing the City Engineer to reject all bids received for the 2020 Pavement Slurry Seal and Resurfacing Project (WPRO20) - Phase 1 and directing the City Engineer to re-bid the Project, or take alternative action as deemed appropriate (No further CEQA review required). questioned City policies for economic development. matters involving Willdan. Absent: 0. 2019 special meeting. Accounting Act, filed through October 1, 2019. Bids. for the Development Services Department. Sacramento Municipal Utility District. the first lowest bidder does not meet filing obligations (CEQA Exempt). Elk Grove City Council Regular Meeting, October 9,2 2019 Page 30 of7 Agenda Item No. 8.9: Adopt Resolution No. 2019-220 authorizing an increase to the change order authority for the Bond Road Pavement Rehabilitation WTC015 Project Agenda Item No. 8.10: Adopt Resolution No. 2019-221 authorizing the City Manager toe execute the First Amendment to Purchase and Sale Agreement of property located at 9676 Railroad Street [APNS: 134-0050-043, 134-0050-049, 134-0050-052 and 134- (OM1906) by $150,000 (No further CEQA review required). 0010-068] (CEQA Exempt). PUBLIC HEARINGS Agenda Item No. 9.1: A public hearing to receive input regarding the content of draft maps for transitioning to by-district (district-based) City Councilmember elections consistent with Elections Code section 10010. RECOMMENDATION Council- member elections. Receive input from the public and City Council regarding the content of draft maps and the proposed sequence of elections for transitioning to by-district (district-based) City With the aid of a visual presentation (filed), Shalice Tilton, with National Demographics Corporation, provided an overview of the staff report and map revisions for Mayor Ly observed that in redrawing districts multiple times within a brief time period Vice Mayor Hume noted a candidate could get elected under one district map, and then Ms. Tilton noted once a candidate was elected, they would maintain their elected position for the full term (four years for Elk Grove City Council Members). consideration. voters could be excluded from participating in successive elections. be removed from a district after the next redistricting process. Mayor Ly declared the public hearing open. PUBLIC COMMENT Olivia Sosa, Susan Cooper, Anna Edwards, Kimberly Stewart-Vital, lan Stewart-Vital, Kathy Engle, Maureen Craft, Lynn Wheat, and Dennessa Atiles voiced support for a by- Ms. Engle believed the areas of Laguna West and Stonelake were communities that should remain under one district, she raised concerns of the alternative draft maps presented and the use of National Demographics Corporation as the City demographer, and noted a process of redrawing district maps could shift populations in particular Randy Bekker, Dennise Walker, and Sharon Lynes voiced support for a from-district district election system and to use the current City district map. areas that could remove them from voting in consecutive elections. election system. Elk Grove City Council Regular Meeting, October 9,2019 Page 4of7 Mr. Bekker and Ms. Lynes believed new district maps should only be considered utilizing the 2020 Census data, and districting should be a process conducted with extensive community input. Mr. Bekker noted the City of Sacramento was an example of by-district governance, and he believed by-district representation would change Ms. Lynes believed the transition to by-district elections was being forced upon the City by threat of litigation. She believed the City was diverse and represented across all areas. Ms. Lynes raised concerns over horizontal line draft district maps as she believed communities and neighborhoods, such as the rural area, should be kept governance in Elk Grove over the decades. together. Mayor Ly declared the public hearing closed. Council Member Suen noted Elk Grove's history of by-district governance under Sacramento County. He noted the map revisions provided models to look at options for multiple representation on the west side of City, as well as reviewing the concept under the horizontal districts to have all council members representing districts that reached Council Member Nguyen noted the transition to by-district elections required process, and part of the process was to look at options, but she recognized much of the public City Attorney Jonathan Hobbs confirmed the sequence of public hearings was part of the process required to transition to by-district, the public hearing of October 23, 2019 would be the first opportunity to adopt a district map. He noted if any new maps were introduced for consideration those map revisions would be produced by the demographer and would need to post seven days in advance of the public hearing to adopt a district map. Ifa change occurred to a map for consideration as the final district map at that public hearing, then another hearing would need to be heard with any Council Member Detrick agreed with comments that the transition to by-district elections was being forced upon the City by threat of litigation, and was not being conducted in a fair manner. He recalled the history of City incorporation wanting to implement from- district elections because of the outcomes of by-district governance under Sacramento County. He believed changes in state law were intended to create representation through geographic districts, but has resulted in unintended consequences forcing Mayor Ly noted the selection of a district map now would only be utilized for the 2020 election and then would be redone after the 2020 Census. He raised concern over the cost of potential litigation, believed a district map should maintain the integrity of Vice Mayor Hume observed that the horizontal district proposal could result in having elected officials all reside on only one side of the City. He supported having options to across either side of the State Route 99. comment on the matter supported using the current district map. revised map for consideration again published seven days in advance. agencies to become by-district. neighborhoods, and supported keeping the current district map. Elk Grove City Council Regular Meeting, October 9, 2019 Page 5of7 review and supported looking further at a map revision incorporating anticipated growth as that would provide insight for what the next district map configuration may look like with the 2020 Census data, and he suggested further review of a Divided Growth Areas The City Council deliberated on the matter and by consensus directed staff to return for consideration three maps: 1) the current district map, 2) the "Divided Growth Areas" map revision, and 3) a new map revision using the "Divided Growth Areas" map revision but keeping the Lakeside and Stonelake areas (the area west of the rail line intersecting map that kept District 1 intact. Franklin Boulevard) in District 1. REGULAR. AGENDA ACTION ITEMS /F RECOMMENDATIONS Agenda Item No. 10.1: Consider policies on recruitment and composition of the Planning Commission. RECOMMENDATION Staff recommends the City Council receive a report on current recruitment methods for the Planning Commission, and compositions of regional and comparative city planning With the aid of a visual presentation (filed), Jason Lindgren, City Clerk, provided an commissions, and provide direction as appropriate. overview of the staff report. PUBLIC COMMENT Commission. Maureen Craft voiced support to increase the number of seats on the Planning Sharon Lynes addressed the composition of the Planning Commission noting she did not support adding more voting member seats, expressed surprise at the few requirements needed to apply, believed there should be district representation, and an interview process should be incorporated via a committee comprised of staff and Amar Shergill observed that in 2019 the Elk Grove Planning Commission had no people of color which he believed needed to be remedied. He noted it was difficult to remove sitting members, and suggested adding seats and implementing a term limit. Randy Beker questioned the effectiveness of adding seats to address inclusion for a relatively small appointed body, and questioned how appointment and district Vice Mayor Hume believed institutional knowledge and tenure were important qualities to maintain with the Planning Commission, and suggested reverting the method of City Attorney Hobbs stated that Elk Grove was a general law city with directly elected mayor that makes all appointments. Ifthe City Council wanted to consider reverting to a method where appointments were made by individual members of the City Council, the citizens. representation would be decided with the addition of more seats. appointment back to individual members of the City Council. Elk Grove City Council Regular Meeting, October 9,2 2019 Page 6of7 practice would be an informal agreement amongst the City Council to respect such a Council Member Detrick noted such an informal agreement would not be binding. Mr. Detrick did not support implementing terms, he believed there was a natural attrition of service on the Planning Commission, and he encouraged continuing the current practice of staff reaching out to current appointees with a courtesy correspondence after each election asking if the individual wished to continue to serve in their appointed Mayor Ly did not support term limits, but believed terms should be implemented requiring appointees that wished to continue to serve to re-apply on a regular basis. The City Council deliberated on the matter noting they did not support implementing term limits, but directed staff to return with compiled data on whether terms were process. capacity. implemented on planning commissioners of the comparative cities. ADJOURNMENT adjourned at 9:13 p.m. With no additional business to conduct, the October 9, 2019 City Council meeting was WROSL, JASON LINDGREN, CITY CLERK ATTEST: 30 STEVE LY, MAYOR Elk Grove City Council Regular Meeting, October 9,2019 Page7of7