CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, September 25, 2019  REGULAR MEETING  CALL TO ORDER/ROLL CALL  Mayor Ly called the regular City Council meeting of September 25, 2019 to order at Present: Mayor Ly, Vice Mayor Hume and Council Members Detrick, Nguyen, and  6:20 p.m.  Suen.  Absent: None.  City Manager Jason Behrmann led the Pledge of Allegiance. Mayor Ly asked a moment of silence be observed. 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.  PRESENTATIONSIANNOUNCEMENTS  4.1 With the aid of a visual presentation (filed), Sacramento County District Attorney Anne Marie Schubert and Assistant Chief Deputy District Attorney Morgan Gire gave a 4.2 Presentation of artwork by David Lema and Gregory Kondos of the art piece titled River's Edge IlI donated to the City of Elk Grove by Mr. Kondos, to be displayed in 4.3 Council Member Suen presented a proclamation declaring September 21-28, 4.4 Presentation by Branch Supervisor Janise Buck of activities and programs  presentation on the Youth & Community Connect App.  the Senior Center.  2019 as Elk Grove History Week. offered at the Elk Grove Branch Library.  PUBLIC COMMENT  Crystal Cornelison, David Anderson, and Brian Erickson addressed litigation regarding the Aquatic Center, stating the dispute was negatively affecting Big B Construction.  Elk Grove City Council Page1 1 of10  Regular Meeting, September 25, 2019    Speakers believed the City, Willdan, and other entities were responsible for the situation, that Big B Construction had performed the work as instructed and had pointed out design issues early in the process, and were encountering increased office overhead addressing issues related to the project. Mr. Anderson stated a YouTube video had been posted regarding the issue. Mr. Erickson noted additional funding for the project was authorized on December 12, 2018 to address design problems and liquidated damages regarding the Aquatic Center, but money was being held from Big B Construction, he questioned payments to Willdan and campaign contributions by Kevin Gainsley, Jenny Rodriguez, Sofia Lim, and Ashley Kintsle stated safety improvements were needed for the crosswalk at Knotts Drive and Whitelock Parkway. A pedestrian was struck at the intersection recently, the location had a history of pedestrians being struck in the crosswalk, the location of the crosswalk was adjacent to a future park and was in proximity to schools, and speeding was an issue on Whitelock Parkway. Speakers noted Public Works had responded that a pedestrian crossing light would be installed, but speakers believed the improvements should be expedited, and it was suggested that the City contact the Elk Grove Unified School District to have a crossing guard assigned to that area during school hours until construction was Lynn Wheat stated that Mayor Ly had traveled to France in July of this year, and as he was introduced as mayor at the event and gave out recognitions, the trip should be reported on at a council meeting as City related travel if he was representing the City. With the aid of a visual presentation (filed), Mark Graham believed the City Council did not read August 28, 2019 staff report on wireless communications facilities or his recommendations on the matter. He requested the City implement a cell phone "right to know" ordinance requiring posting of notices about health effects of cell phones, and he raised concern of language relating to wireless communications facilities adopted under the Elk Grove Municipal Code that was unclear and could lead to misinterpretation to Greg MCAvoy-ensen, Brenda Kress, Paul Merrill, Laura Hansen, and Mackenzie Wieser requested consideration of an Elk Grove Charter for Compassion highlighting compassion as a civic value. Ms. Weiser requested a presentation be returned as an agendized item to adopt a resolution for a Compassion Charter for Elk Grove.  Willdan, and believed there was collusion between the City and Wildan.  complete.  potentially bypass regulations.  GENERAL ADMINISTRATION INFORMATION  City Manager Jason Behrmann reviewed the September 25, 2019 Administrative Report  (filed).  COUNCIL COMMENTS/REPOREPORTS/FUTURE AGENDA ITEMS  Council Member Detrick addressed the crosswalk at Knotts Drive and Whitelock Parkway inquiring if there was an issue of afternoon sun at the crosswalk location, or if  further action was required by the City Council to address this matter.  Elk Grove City Council Page 20 of10  Regular Meeting, September 25, 2019    Public Works Director Robert Murdoch stated he had not seen issues of afternoon sun in the accident reports, but certain times of day were likely an issue. Staff would be able to finalize design for the conversion, but likely would need to return to request for authorization for construction, and at this time there was not a schedule yet for Council Member Detrick attended the Region Business barbeque event, attended the Elk Grove Food Bank Services Harvest of Hope Gala dinner fundraiser event, and attended an event of the Linda Mae Mahon Lema Foundation that shared audio Council Member Nguyen attended an event announcing the securing of $1.5 million in research funding from the state for the Sacramento County region to conduct studies on sex trafficking, attended the American Legion Elk Grove Post 233 POW/MIA Remembrance service, participated with groups on an outreach panel to promote diversification in the workplace of law enforcement agencies (and noted similar efforts with fire departments as well), and announced the opportunity for community and youth organizations to apply for $500 seed grants for ideas to promote community development. Ms. Nguyen requested, and received City Council consensus, to return Council Member Suen attended a Sacramento Transportation Authority (STA) Board meeting, attended a Sacramento Area Council of Governments (SACOG) Board meeting, attended the Elk Grove Food Bank Services Harvest of Hope Gala dinner fundraiser event, attended the Sacramento Business Journal awards ceremony for the Best Real Estate Projects of the Year (where the City Aquatic Center was recognized as an award winning project), attended the Paws for a Purpose fundraiser event dinner benefitting the Elk Grove Animal Shelter, and noted an upcoming meeting of the Vice Mayor Hume attended a Sacramento Transportation Authority (STA) Board meeting, attended the Region Business barbeque event, attended the Paws for a Purpose fundraiser event dinner, and attended meetings of Paratransit, Inc. and the Sacramento Regional Transit District (RT). He noted RT had filed a notice of termination and Paratransit, Inc would no longer provide ADA service, raising questions as to the future and funding of ADA service in the region, and that Paratransit, Inc. Inr response to questions from Vice Mayor Hume regarding the litigation related to the Aquatic Center and the effects on Big B Construction, Assistant City Attorney Jennifer Alves noted the following: the City was in an active lawsuit and projected going to mediation later this year regarding the Aquatic Center, the City did not have a contract with Big B Construction but it did have a contract with Arntz Construction as the general contractor, the City did not make direct payments to Big B Construction but to the general contractor, the City's attorney had been trying to make contact with representatives of Big B Construction as to what entity to pursue their material interests, the City had named Big B Construction in the lawsuit as concerns had been raised with Big B Construction's workmanship related to the project, and the City was attempting to  construction.  histories.  an item on an Elk Grove Charter for Compassion.  Sacramento Public Library Authority Board.  would dissolve.  work with the general contractor to resolve issues regarding the lawsuit.  Elk Grove City Council Page 3 of 10  Regular Meeting, September 25, 2019    Vice Mayor Hume addressed the crosswalk on Whitelock Parkway and encouraged staff to contact the Elk Grove Unified School District about assigning a crossing guard to the location. Mr. Hume noted receiving contact from a resident regarding high fees levied by Sacramento County for water connection and drainage. Assistant Development Services Director Shane Diller stated staff was working on issues with Mayor Ly attended the Sacramento Business Journal awards ceremony recognizing the Aquatic Center, he noted meeting with representatives of the Elk Grove Chamber of Commerce discussing how to expand the State of the City event to be more inclusive and consider a larger venue, and noted an upcoming meeting of the Sacramento  Sacramento County regarding the fees charged.  Metropolitan Air Quality Management District Board.  CONSENT CALENDAR ITEMS  City Clerk Jason Lindgren noted a staff memo (filed) was submitted recommending an  amendment to Exhibit B of the resolution for Item 8.12.  PUBLIC COMMENT None.  Motion: M/S Hume/Detrick to amend Item 8.12, Exhibit B to the resolution, as recommended by the submitted staff memo, and approve the Consent Calendar as amended. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Agenda Item No. 8.1: Receive Treasurer's Report and Other Post-Employment Agenda Item No. 8.2: Receive the monthly Disbursement Summary and AP Check Register Listing for August 1, 2019 through August 31, 2019, showing Automatic Clearing House Nos. 16533 through 16658; General Warrant Nos. 120721 through 121153; and Electronic Fund Transfer Nos. 90071610 through 90071631. Agenda Item No. 8.3: Approve City Council meeting minutes of the September 11, Agenda Item No. 8.4: 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. 8.5: Receive report on Requests for Proposals, Qualfications, and Agenda Item No. 8.6: Adopt Resolution No. 2019-203 resolution dispensing with the formal request for proposal procedures pursuant to Elk Grove Municipal Code Section 3.42.140 (B)(3), and authorizing the City Manager to execute contracts for employment investigation services with Ellis Makus LLP and Boutin Jones, Inc. for a term of two years, in an amount not to exceed $100,000 per contract, or other amount as may be directed by the City Council, with a not to exceed amount of $200,000 combined.  Nguyen, and Suen); Noes: 0; Absent: 0.  Retirement Benefits (OPEB) Report for August 2019.  2019 Special meeting.  Accounting Act, filed through September 17, 2019.  Bids.  Eik Grove City Council Page 4 of10  Regular Meeting, September 25, 2019    Agenda Item No. 8.7: Adopt Resolution No. 2019-204 dispensing with the competitive bidding process pursuant to Elk Grove Municipal Code Chapter 3.42 and authorizing the City Manager to execute a contract with Artistic Holiday Designs for the purchase of an artificial holiday tree in an amount not to exceed $71,000, or other Agenda Item No. 8.8: Adopt Resolution No. 2019-205 authorizing the City Manager to execute a Lease Agreement with Café Elk Grove to operate the café at the Elk Grove Agenda Item No. 8.9: Adopt Resolution No. 2019-206 authorizing the City Manager to enter into a one-year lease agreement with Teen Center USA for use of the City facility Agenda Item No. 8.10: Adopt Resolution No. 2019-207 dispensing with the competitive proposal process pursuant to Elk Grove Municipal Code Section 3.42.140(B)(3) and authorizing the City Manager to execute a contract with the National Research Center, Inc. (NRC) to conduct the National Citizen/Communty Survey (NCS) in an amount not to exceed $24,990 (or other amount as may be directed by the City Council) and authorizing the City Manager to execute contracts in future years with Agenda Item No. 8.11: Adopt Resolution No. 2019-208 authorizing the City Manager to execute the First Amendment to the Agreement for Advancement of Mitigation Funds Agenda Item No. 8.12: Adopt Resolution No. 2019-209 to amend the City of Elk Grove Land Secured Financing Policy and to amend the City of Elk Grove Reimbursement Policies and Procedures for Privately-Constructed Public Facilities including the amendment to Exhibit B to the resolution as recommended by the Agenda Item No. 8.13: Adopted Resolution No. 2019-210 ratifying the Agreement for Purchase and Sale and Joint Escrow Instructions for property located at 9362 Studio Court [APN: 116-0860-026); authorizing the close of escrow; and amending the Fiscal Year 2019-20 Budget and 2019-2024 Capital Improvement Program by $2,133,900  amount as may be directed by the City Council.  Community Center.  at 8978 Elk Grove Boulevard (CEQA Exempt).  NRC for the NCS provided funds are available in the budget.  and Reimbursement with WSI Poppy Ridge, LLC (CEQA Exempt).  submitted staff memo.  (CEQA Exempt). PUBLIC HEARINGS  Agenda Item No. 9.1: A public hearing to consider an ordinance amending the Zoning Map, and a resolution approving a tentative Parcel Map for the 8711 Bradshaw Road Tentative Parcel Map Project (PLNG18-027) (No Further Environmental Review  Required) [APN: 122-0190-005). RECOMMENDAION  1) Introduce and waive the full reading, by substitution of title only, an ordinance finding that no further environmental review is required pursuant to State CEQA Guidelines  Elk Grove City Council Page 50 of 10  Regular Meeting, September 25, 2019    Section 15183 and approving rezone for the 8711 Bradshaw Road Tentative Parcel Map Project (PLNG18-072); Assessor's Parcel Number 122-0190-005; and a. Finding no further environmental review is necessary for the 8711 Bradshaw Road Tentative Parcel Map Project pursuant to CEQA Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and b. Approving a Tentative Parcel Map to subdivide one parcel totaling +10.2 gross With the aid of a visual presentation (filed), David Oulrey, Associate Planner, provided  2) Adopt resolution:  acres into two parcels.  an overview of the staff report and recommended actions. Mayor Ly declared the public hearing open.  Mike Robertson, applicant representative, spoke in support of the staff  recommendation. PUBLIC COMMENT None.  Mayor Ly declared the public hearing closed.  Motion #1: M/S Hume/Suen to introduce and waive the full reading, by substitution of title only, 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. The motion passed by the following vote: Ayes: 5 Motion #2: M/S Hume/Suen to adopt Resolution No. 2019-211 finding no further environmental review is necessary for the 8711 Bradshaw Road Tentative Parcel Map Project pursuant to CEQA Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and approving a Tentative Parcel Map to subdivide one parcel totaling +10.2 gross acres into two parcels. The motion passed by the following vote: Ayes: 5(Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Absent: 0. Agenda Item No. 9.2: A public hearing to consider approval of the Fiscal Year 2018-19 Community Development Block Grant (CDBG) Consolidated Annual Performance and  (Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Absent: 0.  Evaluation Report (CAPER) (CEQA Exempt).  RECOMMENDAION  Adopt resolution to approve the Fiscal Year 2018-19 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER). Sarah Bontrager, Housing and Public Services Manager, provided an overview of the  staff report and recommended action. Mayor Ly declared the public hearing open.  PUBLIC COMMENT None.  Elk Grove City Council Page 60 of10  Regular Meeting, September 25, 2019    Mayor Ly declared the public hearing closed.  Motion: M/S Suen/Nguyen to adopt Resolution No. 2019-212 to approve the Fiscal Year 2018-19 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER). The motion passed by the following vote: Ayes: 5(Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Absent: 0. Agenda Item No. 9.3: A public hearing to consider adoption of a resolution authorizing use of the Bond Opportunities for Land Development (BOLD) Program, and authorizing the California Municipal Finance Authority to accept applications from property owners, conduct proceedings and levy special taxes within the territory of the City pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, and authorizing related  actions.  RECOMMENDATION  Adopt resolution authorizing use of the Bond Opportunities for Land Development (BOLD) Program, and authorizing the California Municipal Finance Authority to accept applications from property owners, conduct proceedings and levy special taxes within the territory of the City pursuant to the Mello-Roos Community Facilities Act of 1982, as With the aid of a visual presentation (filed), Brandon Merritt, Finance Analyst, provided  amended, and authorizing related actions.  an overview of the staff report and recommended action. Mayor Ly declared the public hearing open.  PUBLIC COMMENT  Lynn Wheat inquired on the timing of when payments were made on the bonds for a BOLD Program issuance, and who would be liable if a property owner defaulted on the Brad Koehn stated the BOLD Program was a Community Facilities District (CFD) administered by the California Municipal Finance Authority, the tax was levied on the properties in the district, and that tax levy paid the debt service on the bond. There was no legal or other obligation for City, County, or state taxpayers if tax levies were not  bond financing.  made, typically such bond documents would foreclose on properties.  Mayor Ly declared the public hearing closed.  Motion: M/S Suen/Nguyen to adopt Resolution No. 2019-213 authorizing use of the Bond Opportunities for Land Development (BOLD) Program, and authorizing the California Municipal Finance Authority to accept applications from property owners, conduct proceedings and levy special taxes within the territory of the City pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, and authorizing related actions. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick,  Nguyen, and Suen); Noes: 0; Absent: 0.  Elk Grove City Council Page7of10  Regular Meeting, September 25, 2019    Agenda Item No. 9.4: A public hearing to receive input regarding the composition of election districts for transitioning to by-district (district-based) City Councilmember  elections consistent with Elections Code section 10010.  RECOMMENDATION  Receive input from the public and City Council regarding the composition of election districts for transitioning to by-district (district-based) City Councilmember elections. With the aid of a visual presentation (filed), Jason Lindgren, City Clerk, provided an Council Member Nguyen requested that demographic research conducted in 2018 on Vice Mayor Hume recommended a district map option be considered to account for  overview of the staff report.  current City districts be returned for review by the City Council.  growth over the last decade.  Mayor Ly declared the public hearing open. Note: Council Member Nguyen left at 8:13 p.m.  PUBLIC COMMENT  Shirley Peters read a statement (filed) supporting the current from-district election system, and did not believe there were issues of violations of the California Voting Rights Act (CVRA). She believed statements made in the demand letter to transition to by-district elections cast aspersions on the community, and believed the City should first conduct an analysis of the current district system to see if there was validity in the accusations that violations of the CVRA existed, and if sO to then consider options. Randy Bekker believed the matter was primarily a political issue. He recounted that candidates who won citywide always won their district, that campaign finance was a different issue not related to types of districts, and he refuted claims there was no representation of various ethnicities noting the tenure of past and present elected officials in Elk Grove. Mr. Bekker noted there were not enough seats to represent the multitude of ethnicities present in the community, and he expressed dismay regarding the districting process being conducted currently by the Cosumnes Community Services Patricia Holmes voiced support for by-district elections, and believed current Census data should be utilized (and to not delay the process waiting for new Census data). Lynn Wheat voiced support for by-district elections, and believed such a system was  District (CCSD) that was using information from the 2010 census.  more equitable for candidates campaigning in a smaller sized district.  Mayor Ly declared the public hearing closed.  The City Council deliberated on the matter and directed staff to return the demographic analysis conducted by the City in the past year for review, to consider a draft district  Elk Grove City Council Page 8of10  Regular Meeting, September 25, 2019    map increasing the size of districts that were built-out (such as Districts 1 and 3) to account that newer growth areas will have higher population from the past decade of growth (Districts 2 and 4), consider a draft district map incorporating horizontal districts running the east-west length of the City, and a draft district map that would provide for communities of interest to be represented by at least two council members (especially for the current District 1 and having at least two representatives on each cardinal  direction facing of the City).  REGULAR AGENDA ACTION TEMS/RECOAMENDATONS  Agenda Item No. 10.1: Consider resolution authorizing the City Manager to execute three separate Memorandums of Understanding between the City and the Cosumnes Community Services District related to the Development of Park and Recreation Facilities, Landscape, Trails and Park Maintenance, and Special Events (CEQA  Exempt).  RECOMMENDATION  Adopt resolution authorizing the City Manager to execute three separate Memorandums of Understanding between the City and the Cosumnes Community Services District related to (a) Development of Park and Recreation Facilities; (b) Landscape, Trails and With the aid of a visual presentation (filed), Jason Behrmann, City Manager, provided  Park Maintenance; and (c) Special Events.  an overview of the staff report and recommended action.  PUBLIC COMMENT None.  Motion: M/S Detrick/Suen to adopt Resolution No. 2019-214 authorizing the City Manager to execute three separate Memorandums of Understanding between the City and the Cosumnes Community Services District related to (a) Development of Park and Recreation Facilities; (b) Landscape, Trails and Park Maintenance; and (c) Special Events. The motion passed by the following vote: Ayes: 4 (Ly, Hume, Detrick, and Agenda Item No. 10.2: Receive a Presentation on the Status of Private Development  Suen); Noes: 0; Absent: 1 (Nguyen). Activity within the City of Elk Grove. RECOMMENDATION  Receive a presentation on private development projects that are under construction or have recently been completed within the City of Elk Grove and provide feedback and With the aid of a visual presentation (filed), Antonio Ablog, Planning Manager, and Shane Diller, Assistant Director of Development Services, provided an overview of the  direction to staff as appropriate.  staff report and presentation. PUBLIC COMMENT None.  The City Council received and filed the report.  Elk Grove City Council Page 9of10  Regular Meeting, September 25, 2019    Agenda Item No. 10.3: Receive information and consider adopting a resolution that  establishes a flag policy for the City of Elk Grove.  RECOMMENDATION  Adopt resolution that establishes a flag policy for the City of Elk Grove. provided an overview of the staff report and recommended action.  With the aid of a visual presentation (filed), Doug Scott, Facilities and Fleet Manager,  PUBLIC COMMENT None.  Motion: M/S Hume/Detrick to adopt Resolution No. 2019-215 establishing a flag policy for the City of Elk Grove. The motion passed by the following vote: Ayes: 4 Agenda Item No. 10.4: Receive an update on preparation of the 2021-2029 Regional Housing Needs Allocation and the 2021 Housing Element and provide direction as  (Ly, Hume, Detrick, and Suen); Noes: 0; Absent: 1 (Nguyen).  appropriate. RECOMMENDATION  Receive an update on preparation of the 2021-2029 Regional Housing Needs Allocation and the 2021 Housing Element and provide direction to staff as appropriate. With the aid of a visual presentation (filed), Sarah Bontrager, Housing and Public Services Manager, and Christopher Jordan, Strategic Planning and Innovation Director,  provided an overview of the staff report and presentation.  PUBLIC COMMENT None.  The City Council received the update and provided direction voicing support of staff's recommended ranked order preference of RHNA Adjustment Factor Alternatives B, D,  C, and then A. ADJOURNMENT  With no additional business to conduct, the September 25, 2019 City Council meeting  was adjourned at 9:31 p.m.  ROSI JASON LINDGREN, CITY CLERK  ATTEST:  STEVE MAYOR 50 LY,  Elk Grove City Council Page 10of10  Regular Meeting, September 25, 2019