CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, June 12, 2019  CALL TO ORDER /ROLL CALL  Mayor Ly called the regular City Council meeting of June 12, 2019 to order at 6:45 p.m. Present: Mayor Ly, Vice Mayor Hume, and Council Members Detrick, Nguyen, and  Suen.  Absent: None.  Nicolas Albiani led the Pledge of Allegiance.  Vice Mayor Hume requested the meeting be adjourned in memory of Russ Croco, and Council Member Detrick asked to reflect on the victims, families, and the community of  Virginia Beach respective to the recent shooting incident. Mayor Ly asked that a moment of silence be observed. APPROVAL OF CITY COUNCIL AGENDA  Motion: M/S Detrick/Nquyen 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 Certificate of Recognition for the volunteer 4.2 With the aid of a visual presentation (filed), Executive Director Alberto Ayala gave a presentation on the Sacramento Metropolitan Air Quality Management District. 4.3 With the aid of a visual presentation (filed), Vice-Chair Karen Grussenmeyer gave a presentation on the Disability Advisory Committee Annual Update.  efforts of Diego Andrades.  PUBLIC COMMENT  Deborah Sibner stated her opposition to the hospital project proposed by California Northstate University (CNU) believing it was not appropriate at the location, and raised  Elk Grove City Counçil Regular Meeting, June 12,2019 Pageiof10    questions of private schools regarding practices related to issuance of visas to foreign students and the financing and solvency of CNU and the proposed hospital project. George Murphey provided a summary of the Electric Vehicle Test Drive & Show event Lynn Wheat provided a summary of events and activities she attended in the community Mark Graham stated an informational event was held on June 11 related to discussion of 5G wireless technologies, electromagnetic radiation, and potential health effects. He stated questions submitted at the event would be distributed to the participant panelists to offer written responses, and those response would be shared with interested parties. Mr. Graham shared that the application related to 5G wireless technologies in Elk Grove was scheduled to go to the Planning Commission at their regular meeting of July 18, and he cautioned there was no need to rush any decision on this matter. Jeff Mikkelsen attended the June 11 informational event on 5G wireless technologies, and raised his concerns of health and environmental issues with such technology, citing the lack of testing and evaluation of long term effects left too many unanswered Nicolas Albiani thanked City Council members for sponsoring animais for show at the Sacramento County Fair by Elk Grove Future Farmers of America and 4-H  held June 8 at City Hall. during the past month.  questions as to the safety of such technologies.  organizations.  GENERAL ADMINISTRATION INFORMATION  City Manager Jason Behrmann reviewed the June 12, 2019 Administrative Report  (filed).  COUNCIL COMMENTS/F REPORTS/FUTURE AGENDA ITEMS  Council Member Detrick attended opening reception events for the Aquatic Center, attended a Memorial Day event at the Elk Grove Cemetery, attended the Sacramento Metropolitan Cable Television Commission Board meeting, attended the celebration of life event held in memory of Russ Croco, attended the Civic Center art unveiling, attended the Bounty on the Boulevard fundraiser event for the Elk Grove Scholarship Foundation, and attended the 25ih Anniversary event for the Volunteers in Police Council Member Nguyen attended the 25th Anniversary event for the VIPS, commended the implementation by the Police Department of the Community Exchange Zone located int the front parking lot at 8400 Laguna Palms Way, and encouraged the community to get engaged, increase awareness, and participate in upcoming Census 2020 efforts. Council Member Suen commended the implementation of the Community Exchange Zone and thanked the VIPS on the occasion of their 25th Anniversary (noting their time of service dated back to when they also supported the Sacramento County Sheriff's  Services (VIPS).  Elk Grove City Council Regular Meeting, June 12,2019 Page2ofi 10    Department), attended the Petapalooza pet and concert event, participated in the 2019 Sacramento Pride March event, and raised awareness that the Sacramento Area Council of Governments (SACOG) was initiating the current cycle of the Regional Housing Needs Allocation (RHNA) process which would likely require a larger allocation Vice Mayor Hume attended the Capital SouthEast Connector Joint Powers Authority Board meeting, attended Sacramento Regional Transit District (RT) Board meetings. attended the San Joaquin Joint Powers Authority meeting, attended the Petapalooza pet and concert event, attended a meeting of the Sacramento Local Agency Formation Commission (LAFCo) where he was recognized for his prior service on the LAFCO Board, attended the Electric Vehicle Test Drive & Show event, attended the Regional Safety Fair, attended the celebration of life event held in memory of Russ Croco, attended the Civic Center Art unveiling, attended the Bounty on the Boulevard fundraiser event, and noted an upcoming meeting of the Paratransit, Inc. the following Monday. Mr. Hume disagreed with criticisms he had heard in the community directed at council members for not attending certain Memorial Day events in Elk Grove, noting in his instance he was traveling out of town on Memorial Day to pay respects at his Mayor Ly attended the Petapalooza pet and concert event, and attended opening  of land zoned for affordable housing by local jurisdictions.  father's gravesite.  reception events for the Aquatic Center. CONSENT CALENDAR ITEMS PUBLIC COMMENT None.  Motion: M/S Suen/Detrick to approve the Consent Calendar as presented. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Agenda Item No. 8.1: Approve City Council meeting minutes of the May 22, 2019 Agenda Item No. 8.2: 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. 8.3: Received report on Requests for Proposals, Qualfications, and Agenda Item No. 8.4: Adopted Resolution No. 2019-103 approving the Fiscal Year Agenda Item No. 8.5: Adopted Resolution No. 2019-104 authorizing the City Manager to execute a three-year contract, with three one-year extension options, with George  Suen); Noes: 0; Absent: 0. special meeting.  Accounting Act, filed through June 4, 2019.  Bids.  2019-20 Investment Policy.  Elk Grove City Council Regular Meeting. June 12,2019 Page 3of10    Hills Company, Inc., to provide general liability claims adjusting and administration Agenda Item No. 8.6: Adopted Resolution No. 2019-105 authorizing the City Manager to execute a contract with Ascent Environmental, Inc. for the Elk Grove Communty/Mobility Resilience Plan for an amount not to exceed $338,900 and Agenda Item No. 8.7: Adopted Resolution No. 2019-106 authorizing the City Manager to execute a contract with Ascent Environmenta, Inc. for the Old Town Special Planning Agenda Item No. 8.8: Adopted Resolution No. 2019-107 dispensing with the competitive proposal process pursuant to Elk Grove Municipal Code 3.42 and authorizing the City Manager to execute an amendment to the Civic Center Art Management Contract to include the Civic Center Nature Area artwork in an amount not Agenda Item No. 8.9: Adopted Resolution No. 2019-108 authorizing the City Manager to execute a Credit Reimbursement Agreement for Quimby Park Land with Elk Grove Independent Living, LLC, a Delaware Limited Liability Company, for private land included in the Park at Elk Grove project with Planning Application No. EG-17-038. Agenda Item No. 8.10: Adopted Resolution No. 2019-109 authorizing the City Manager to execute an Acquisition and/or Reimbursement Agreement with Taylor Morrison of California, LLC, for acquisition of prvately-constructed facilities andlor reimbursement of eligible expenditures within the City of Elk Grove Community Facilities District No. 2005-1 (Laguna Ridge) from the Series 2018 bonds pursuant to the Laguna Agenda Item No. 8.11: Adopted Resolution No. 2019-110 dispensing with the formal request for proposal procedures pursuant to Elk Grove Municipal Code section 3.42.180(B)(3) and authorizing the City Manager to execute the Second Amendment to the "Contract Between the City of Elk Grove and Bagley Enterprises, Inc. for the Sale of Goods and Services" (C-14-556) to increase the total contract amount by $3,750 to Agenda Item No. 8.12: Adopted Resolution No. 2019-111 requesting a Functional Classification Change for portions of Whitelock Parkway, Big Horn Boulevard, Laguna Springs Drive, Lotz Parkway, Bruceville Road, Bilby Road, and Civic Center Drive to the  services in an amount not-to-exceed $140,000.  amending the Fiscal Year 2018-19 Budget in the amount of $300,000.  Area Update for an amount not to exceed $196,579.  to exceed $11,550 for a total contract not to exceed amount of $72,550.  Ridge Community Facilities District Guiding Principles.  $82,578.39 and to exercise the optional one-year extension.  State of California, Department of Transportation.  PUBLIC HEARINGS  Agenda Item No. 9.1: A public hearing to consider a Conditional Use Permit Amendment and Design Review Amendment for The Landing Assisted Living Project located at 8871 E. Stockton Boulevard [PLNG19-021; APN: 116-0030-053-0000) (No  further environmental review required).  Elk Grove City Council Regular Meeting. June 12,2019 Page 4 of 10    RECOMMENDATION Adopt resolution:  a) Finding no further environmental review is necessary for The Landing Assisted Living Project pursuant to CEQA Section 15183 (Projects consistent with a b) Approving a Conditional Use Permit Amendment and Design Review Amendment for The Landing Assisted Living Project (PLNG19-021) as described in Exhibit A, shown in Exhibit B, and subject to the amended Conditions of Approval in Exhibit C With the aid of a visual presentation (filed), Matt Diaz, Senior Planner, provided an  Community Plan, General Plan, or Zoning); and  of the resolution.  overview of the staff report and recommended actions. Mayor Ly declared the public hearing open.  Jeremy Sutter, with Jeffrey DeMure & Associates representing the applicant, stated the amendment requests were to provide additional amenities within the project. He requested a proposal to allow flexibility on the final location of the proposed pool, and to consider giving discretion to the Development Services Director to authorize the final locations on the site of the project for recreational amenities (noting if the pool moved from the proposed location an alternate amenity use, such as a bocce ball court, would Mr. Diaz confirmed that the proposed change suggested by Mr. Sutter would still comply under the analysis done for the project, as it would maintain the requirement for an overall square footage for shared areas (noting if the pool moved, the prior pool location  be installed at the prior location of the pool).  would have a shared space alternative installed).  PUBLIC COMMENT  Deborah Reyes stated her preference for an eight to 10 foot tall masonry wall between the project and residences to the east, as the installed six foot fencing was an inferior product, lacked a solid dirt fill at the base, and to date no connections had been made from the fence to adjacent private fences. She did not agree with the decision to remove the walkway separating homes from the fence, she questioned the noticing to date on the project, she believed there were too many amendments and changes without sufficient analysis (including the effects of adding a pool) nor any apparent inspections conducted of work at the site, and questioned the traffic studies done of the Mr. Sutter stated traffic analysis was addressed during the environmental review process. A six foot wall was approved for the project, and the wall currently installed was an approved alternative. He noted a pathway was originally planned between the cottages and wall but was removed as the operator believed the path generated safety concerns by obscuring visibility of residents. He noted that only the path was removed, the cottages did not move, and it was expected the removal of the pathway would also reduce activity in those areas. Mr. Sutter stated the project was still under construction and the contractors at the site could address outstanding issues with the wall.  project (believing signal lights were needed).  Elk Grove City Council Regular Meeting. June 12.2019 Page 5 of1 10    The City Council deliberated on the matter, and encouraged the applicant to work with  Ms. Reyes regarding issues with the wall. Mayor Ly declared the public hearing closed.  Development Services Director Darren Wilson noted the applicant request to allow flexibility on the final location of the proposed pool could be accommodated, and read for consideration a condition to include with the Conditions of Approval: The Project site is limited to one pool location as approved. A pool at an alternative location and design may be constructed on-site, all subject to review and approval by the Development Services Director in his/her reasonable discretion. In addition, should the Applicant propose an altemnate pool location, the original pool location shall be replaced with landscaping and/or another outdoor amenity(s), all subject to review and approval by Amended Motion: M/S Suen/Hume to adopt Resolution No. 2019-112 finding no further environmental review is necessary for The Landing Assisted Living Project pursuant to CEQA Section 15183 (Projects consistent with a Community Plan, General Plan, or Zoning); and approving a Conditional Use Permit Amendment and Design Review Amendment for The Landing Assisted Living Project PLNG19-021) as described in Exhibit A, shown in Exhibit B, and subject to the amended Conditions of Approval in Exhibit C of the resolution with the inclusion of Condition 15 as detailed by the Development Services Director. The motion passed by the following vote: Ayes: Agenda Item No. 9.2: A Public Hearing to consider a resolution adopting the Budget for Fiscal Year 2019-20, the Capital Improvement Program for Fiscal Years 2019-20  the Development Services Director in his/erreasonable discretion.  5(Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Absent: 0.  through 2023-24, and the annual appropriations limit.  RECOMMENDATION appropriations limit.  Adopt resolution adopting the Budget for Fiscal Year 2019-20, the Capital Improvement Program (CIP) for Fiscal Years 2019-20 through 2023-24, and the annual With the aid of a visual presentation (filed), Shay Narayan, Budget Manager, Maria Phillips, Management & Budget Analyst I, and Nathan Bagwill, Senior Management & Budget Analyst, provided an overview of the staff report and recommended actions.  Mayor Ly declared the public hearing open.  PUBLIC COMMENT  Gary Sibner addressed the Capital Improvement Program and believed the Elk Grove Boulevard /I 1-5 Southbound Off-Ramp Project and the I-5/E Elk Grove Boulevard Park and Ride Lot Project should be removed as he believed these projects related to the hospital project proposed by CNU and would create inconsistencies with City Zoning and the General Plan. Mr. Sibner did not believe two southbound lanes were needed for the off-ramp, and he questioned the need for the Park and Ride Lot as no location  under the project description was identified.  Elk Grove City Council Regular Meeting. June 12.2019 Page6of10    Lynn Wheat expressed disagreement with City policies and priorities, believing roadway maintenance should be prioritized, and questioned the City's practices regarding purchasing properties, spending priorities, and policies on growth and fees charged on  new development.  Mayor Ly declared the public hearing closed.  Capital Program Manager Kevin Bewsey stated the Elk Grove Boulevard I I-5 Southbound Off-Ramp Project had been identified since 2014, if not longer ago, but staff and Caltrans were evaluating the Project to determine if it was still needed. Mr. Bewsey addressed the I-5/Elk Grove Boulevard Park and Ride Lot Project, noting itwas a transit need identified for the past few years to promote use of commuter bus routes to Sacramento, and no site was identified to date as it was difficult to find undeveloped land in the right location of that general area to locate the project. Council Member Suen noted infrastructure projects were identified by needs of an area and not based on private applications. He supported further evaluation of the I-5/Elk Grove Boulevard Park and Ride Lot Project as he believed the facilities were needed to improve transit services. Mr. Suen agreed the Elk Grove Boulevard / 1-5 Southbound Motion: M/S Hume/Nquyen to adopt Resolution No. 2019-113 adopting the Budget for Fiscal Year 2019-20, the Capital improvement Program (CIP) for Fiscal Years 2019- 20 through 2023-24, and the annual appropriations limit. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Absent: Agenda Item No. 9.3: A Public Hearing to consider adoption of a resolution confirming the Laguna West Service Area Fiscal Year 2019-20 Annual Report and ordering the levy for the Laguna West Service Area (formerly County Service Area No. 5) for Fiscal  Off-Ramp Project should be re-evaluated.  0.  Year 2019-20. RECOMMENDATION  Adopt resolution confirming the Laguna West Service Area Fiscal Year 2019-20 Annual Report and ordering the levy for Laguna West Service Area (formerly County Service With the aid of a visual presentation (filed), Kara laylor-seeman, Finance Analyst,  Area No. 5) for Fiscal Year 2019-20.  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. 2019-114 confirming the Laguna West Service Area Fiscal Year 2019-20 Annual Report and ordering the levy for  Elk Grove City Council Regular Meeting. June 12.2 2019 Page 7of 10    Laguna West Service Area (formerly County Service Area No. 5) for Fiscal Year 2019- 20. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, Agenda Item No. 9.4: A Public Hearing to consider a resolution updating the user fees  and Suen); Noes: 0; Absent: 0. for the Elk Grove Aquatics Center. RECOMMENDATION  Adopt resolution updating the user fees for the Elk Grove Aquatics Center. With the aid of a visual presentation (filed), Lana Yoshimura, Community Event Center Manager, provided an overview of the staff report and recommended actions. Council Member Detrick encouraged adopting fee changes at the beginning of each calendar year shortly after fees were revised by the Cosumnes Community Services  District Board.  Mayor Ly declared the public hearing open.  PUBLIC COMMENT None.  Mayor Ly declared the public hearing closed.  Motion: M/S Nguyen/Detrick to adopt Resolution No. 2019-115 updating the user fees for the Elk Grove Aquatics Center. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Absent: 0. REGULAR AGENDA ACTION TEMS/RECOAMENDATONS  Agenda Item No. 10.1: Consider a resolution approving the Civic Center Commons  Music Sculpture selected by the Review Panel.  RECOMMENDATION  Staff and the Arts Commission recommend that the City Council adopt a resolution approving the Civic Center Commons Music Sculpture selected by the Review Panel. Lana Yoshimura, Community Event Center Manager, introduced the item.  With the aid of a visual presentation (filed), Shelly Willis, Arts Management Consultant, provided an overview of the staff report and recommendation. Ms. Willis noted the Review Panel and Arts Commission requested one surface of the piece (which was one of the side views both groups found to be presented as rather flat) be enhanced in some  way and the artists agreed to the request.  PUBLIC COMMENT None.  Motion: M/S Nguyen/Hume to adopt Resolution No. 2019-116 approving the Civic Center Commons Music Sculpture selected by the Review Panel. The motion passed  Elk Grove City Council Regular Meeting. June 12,2019 Page 8 of 10    by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Agenda Item No. 10.2: Consider a resolution finding the 2019 Pavement Slurry Seal and Resurfacing Project (WPRO19) exempt under the California Environmental Quality Act (CEQA) and approving the Project; authorizing the City Manager to execute a construction contract with Central Valley Engineering & Asphalt, Inc. for the Asphalt Concrete Repairs in Preparation for WPR019 Project (OM1905) in the amount of $728,028; authorizing the City Engineer to approve change orders not-to-exceed $100,000; 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.  Absent: 0.  RECOMMENDATION Adopt resolution: Project; and  1) Finding the 2019 Pavement Slurry Seal and Resurfacing Project (WPR019) (Project) exempt from the California Environmental Quality Act (CEQA) and approving the 2) Authorizing the City Manager to exeçute a construction contract with Central Valley Engineering & Asphalt, Inc. for the Asphalt Concrete Repairs in Preparation for WPR019 Project (OM1905) (Pre-Project) in the amount of $728,028, for the Base 3) Authorizing the City Engineer to approve change orders not-to-exceed $100,000; 4) Authorizing the City Manager to execute a construction contract with the second lowest responsive and responsible bidder, McGuire and Hester, should Central With the aid of a visual presentation (filed), Robert Murdoch, Public Works Director,  Bid Plus Alternates A and B; and  and  Valley Engineering & Asphalt, Inc. not meet filing obligations. provided an overview of the staff report and recommended actions.  PUBLIC COMMENT None.  Motion: M/S Detrick/Nquyen to adopt Resolution No. 2019-117 finding the 2019 Pavement Slurry Seal and Resurfacing Project (WPR019) (Project) exempt from the California Environmental Quality Act (CEQA) and approving the Project; authorizing the City Manager to execute a construction contract with Central Valley Engineering & Asphalt, Inc. for the Asphalt Concrete Repairs in Preparation for WPR019 Project (OM1905) (Pre-Project) in the amount of $728,028, for the Base Bid Plus Alternates A and B; authorizing the City Engineer to approve change orders not-to-exceed $100,000; and authorizing the City Manager to execute a construction contract with the second lowest responsive and responsible bidder, McGuire and Hester, should Central Valley Engineering & Asphalt, Inc. not meet filing obligations. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Absent:  0.  Elk Grove City Council Regular Meeting. June 12,2019 Page 9of 10    ADJOURNMENT  With no additional business to conduct, the June 12, 2019 City Council meeting was  adjourned at 9:01 p.m. in memory of Russ Croco.  CITY CLÈRK  h  STEVE LY, MAYOR  26R  Elk Grove City Council Regular Meeting. June 12,2019 Page 10of 10