CITY OF ELK GROVE Incorporated July 1, 2000 MINUTES OF THE CITY COUNCIL REGULAR MEETING Wednesday, April 24, 2019 CALL TO ORDER/ROLLCALL Mayor Ly called the regular City Council meeting of April 24, 2019 to order at 6:06 p.m. Present: Mayor Ly, Vice Mayor Hume, and Council Members Detrick, Nguyen, and Suen. Absent: None. Helen Bayha with the Volunteers In Police Services led the Pledge of Allegiance. Mayor Ly asked that a moment of silence be observed. APPROVAL OF CITY COUNCIL AGENDA Motion: M/S Hume/Suen 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 Detrick presented a proclamation recognizing National Volunteer Week with special recognition to the Volunteers in Police Services. 4.2 Mayor Ly conducted presentations recognizing recipients of the Mayor's Volunteer Awards as follows: Marlene Strand was presented with the award in the category of Residents, Michelle Anderson was presented with the award in the category of Social Lynden King was presented with the award in the category of Arts, Culture Cecelia Yarra was presented with the award in the category of Sports and Laguna Sunrise Rotary was presented with the award in the category of Shay Nair Sharma was presented with the award in the category of Young Neighbornoods and Community Groups; and Community Services; and Heritage; Recreation; Service Organizations and Groups; and Volunteer of the Year. Elk Grove City Council Regular Meeting, Apnil 24,2 2019 Page 1of11 4.3 With the aid of a visual presentation (filed), President and Chief Executive Officer Barry Broome gave a presentation on the Greater Sacramento Economic Council 4.4 With the aid of a visual presentation (filed), Chair Nan Mahon gave a 4.5 With the aid of a visual presentation (filed), Chair Mark Mendenhall gave a presentation on the Arts Commission Annual Update. presentation on the Trails Committee Annual Update. PUBLIC COMMENT antennas. Noah Davidson raised concerns of exposure levels of wireless device emitters and With the aid of a visual presentation (filed), Mark Graham stated his disagreement with language as presented on the City website regarding 5G technologies and believed the Barbara Patterson was called to speak. Ms. Patterson requested to yield her speaking Mayor Ly noted public comment was not an area for discussion, but provided speakers up to three minutes to comment on issues. Mayor Ly noted in relation to matters raised by Mr. Graham that he was working with Mr. Graham to schedule a community workshop on health aspects of wireless device emitters and antennas that would include representatives of Sacramento County to discuss the issue, but the date and time were yet to be announced. Mayor Ly directed participants wanting to speak during Nancy Record opposed the installation of 5G antennas, she believed such technologies could be hard-wired to residences and facilities, and she noted her experience Gary Sibner addressed published comments of Gary Davis, a community outreach representative for the hospital project proposed by California Northstate University (CNU), believing the comments were insults directed at residents protesting or raising issues with the CNU Project. Mr. Sibner believed Mr. Davis owed the residents a Lynn Wheat provided comments related to the completion of the Aquatic Center Project. Jan Smutney-Jones opposed the hospital project proposed by CNU believing it was a bad location being on the far west side of the City. He questioned how the facility would be accessed or evacuated in the event of flooding in the area, and questioned how utilities would be provided to the site. Mr. Smutney-Jones encouraged placement of the City had the authority to regulate the placement of cell antennas. time to Mr. Mark Graham. public comment to fill out and submit a speaker card. encountering health issues with microwave radiation from devices. published apology. project at another location. Elk Grove City Council Regular Meeting, Apn!2 24,2019 Page2of11 Susan Mason appreciated the City's small cell telecommunications web page (stating she would like to see a citizen comments and request section, and noted the special meeting date was listed with the wrong year), she supported a ban of small cell facilities (opposing deployment of 5G technologies), and believed such technologies posed Mimi deVille noted the City ran an advertisement in the Sacramento Business Journal which was focused on CNU and diminished efforts of other businesses such as Dignity Health. Ms. deVille believed the CNU hospital project should locate in the area bounded by Laguna Boulevard, Big Horn Boulevard, and Longleaf Drive. Kathy Engle expressed her dissatisfaction with the presentation of the Greater Sacramento Economic Council (GSEC) and believed she was incongruously admonished for expressing herself by laughing during the presentation. She questioned the effectiveness of GSAC, she addressed an email sent by the City's Economic Development Director to a resident that she believed was not appropriate or professional, and inquired if other advertisements regarding CNU had been run by the City and whether such expenditures were paid by the City or reimbursed. Amrit Sandhu stated she did not trust CNU representatives whom she believed were disrespectful to residents. She described her experience interacting with local agencies ino dealing with an incident in which her son was assaulted on school grounds and she believed the Elk Grove Unified School District and the Elk Grove Police Department were non-responsive. Ms. Sandhu believed the sarcasm expressed by residents was Steve Lee disagreed with the three-minute speaker limit and believed speakers should be able to cede time to others, and expressed his belief the City should adhere to Inr reply to Mayor Ly, City Clerk Jason Lindgren stated the three-minute speaker limit was adopted by resolution of the City Council, and such speaker limit was allowed under the Brown Act. Roberts Rules of Order was a set of regulations to run meetings of parliamentary bodies but was not a set of regulations adopted by the City Council. Mr. Lindgren did not recall instances where public speakers were permitted to cede time to other speakers, there were public hearings where applicants did not have a speaker time limit and had the ability to bring a team of representatives to present without any individual speaker timers on their application The speaker time limit policy could be reviewed by the City Council if there was a desire to change any aspects of the policy. Matthew Weaver believed the City did have the ability to regulate placement of telecommunications facilities. He did not believe it was appropriate for the mayor to admonish audience members for laughing at items presented, he stated his opposition to the CNU hospital project, and believed CNU representatives had not been forthright Constance Conley stated that during consideration of an application in 2005 public speakers were permitted to yield time to allow one speaker to address the City Council the request to consolidate speaker time was submitted before the meeting). health risks and would expose the City to litigation. due to them being disrespected. Roberts Rules of Order for the conduct ofi its meetings. nor communicative to residents. Elk Grove City Councit Regular Meeting. April24,2019 Page 3of11 Ms. Conley noted the Stonelake area was originally envisioned as a master planned community, the plan did not envision what was being presented with the CNU hospital project, and plans for the area should adhere to the original plan standards. GENERAL ADMINISTRATION INFORMATION City Manager Jason Behrmann stated in the interest to time he would waive the verbal report, but noted the Apnl 24, 2019 Administrative Report (filed), was available for public review on the City website. COUNCIL COMMENTS/REPORTS/FUTURE AGENDAITEMS Council Member Nguyen attended the National Association for the Advancement of Colored People (NAACP) prayer breakfast, spoke at a summer youth orientation internship program event, attended a shred event (to appropriately dispose of sensitive personal paper records) and noted an upcoming e-waste disposal event. Council Member Detrick attended the Audit Committee meeting, and received confirmation from staff that letters would be going out soon from Code Enforcement to Council Member Suen attended the Sacramento Transportation Authority (STA) Board meeting, attended the Sacramento Area Council of Governments (SACOG) Board retreat, attended the SACOG board meeting, attended the Elk Grove Brewfest event, and attended an event hosted by My Sister's House benefitting victims of human Vice Mayor Hume attended the Sacramento Transportation Authority (STA) Board meeting, attended the Paratransit, Inc. Board meeting, and attended the Audit Mayor Ly attended a meet and greet event at the Asian Chamber of Commerce, and suggested the City look at partnering regionally with other chambers to attract property owners to address abatement for sites with overgrown weeds. trafficking and assault. Committee meeting. employers into the area. CONSENT CALENDARI ITEMS PUBLIC COMMENT Kathy Engle addressed Item 8.6 requesting that the Elk Grove Boulevard / Interstate 5 southwest off-ramp project be removed from the Capital Improvement Program. She requested in relation to Item 8.2 if costs for the CNU meeting held February 22, 2019 were charges that would be reimbursed to the City. Ms. Engle inquired under Item 8.17 for the design guidelines comprehensive update that outreach be planned to take in Brenda Smart addressed Item 8.18 speaking in support of the staff recommendation, and presented a thank you card to the City form the Piranhas Swim Team. resident input as well. Elk Grove Cty Council Regular Meeting, Apni24,2019 Page4of11 Lynn Wheat addressed Item 8.17 believing the scope of work attached in the contract was deficient in defining public outreach, and that a public participation plan should be scoped prior and include local residents. Council Member Nguyen stated her recusal from voting on Item 8.10. Motion: M/S Suen/Detrick to note Council Member Nguyen's recusal from voting on Item 8.10, to pull Item 8.17 for separate discussion, and to approve the remainder of the Consent Calendar as presented. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen); Noes: 0; Absent: 0; [the vote for Item 8.10 passed by the following vote: Ayes: 4 (Ly, Hume, Detrick, and Suen); Noes: 0; 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 March 1, 2019, through March 31, 2019, showing Automatic Clearing House Nos. 15908 through 16038; General Warrant Nos. 119133 through 119413; and Electronic Fund Transfer Nos. 90071509 through 90071526. Agenda Item No. 8.3: Approved City Council meeting minutes of the April 10, 2019 Agenda Item No. 8.4: 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. 8.5: Received report on Requests for Proposals, Qualifications, and Agenda Item No. 8.6: Received the FY 2018-2023 Capital Improvement Program Agenda Item No. 8.7: Received the Single Audit Report for Fiscal Year ending June Agenda Item No. 8.8: Adopted Resolution No. 2019-068 authorizing the Finance Director to sell or otherwise dispose of surplus City property in the form of City, Transit, Agenda Item No. 8.9: Adopted Resolution No. 2019-069 dispensing with the formal request for proposal process pursuant to Elk Grove Municipal Code Section 3.42.140(B)(3), and authorizing the City Manager to execute an amendment to the contract with Jones Hall, a Professional Law Corporation, for disclosure counsel services (Contract No. C-15-094) for a period of two years, authorizing an expenditure of $200,000 [for a total expenditure of funds over the contract term nol-to-exceed Absent: 0; Abstain/Recuse: 1 (Nguyen)). Retirement Benefits (OPEB) Report for March 2019. special meeting. Accounting Act, filed through April 16, 2019. Bids. Quarterly Status Report for the Third Quarter of FY 2019. 30,2018. and Law Enforcement Vehicles, and Law Enforcement Equipment. $600,000]. Elk Grove City Council Regular Meeting, Apl24.2019 Page 5of11 Agenda Item No. 8.10: Adopted Resolution No. 2019-070 dispensing with the formal request for proposal procedures pursuant to Elk Grove Municipal Code Section 3.42.188(B)(3) and authorizing the City Manager to execute a Fifth Amendment to Contract #C-07-188 with Redflex Traffic Systems, Inc. extending the effective date to April 30, 2020, with the option for an additional one-year extension, and replacing the Agenda Item No. 8.11: Adopted Resolution No. 2019-071 finding the Elk Grove and Laguna Boulevards UPRR XING Interim Bike Lane Improvements Project (WAMO02) exempt under the California Environmental Quality Act (CEQA) and approving the Project; authorizing the City Manager to execute a construction contract with B &M Builders, Inc., for the Project in the amount of $239,994.75; authorizing the City Engineer to approve change orders not-to-exceed $30,005.25; authorizing the City Manager to execute a construction contract with the second lowest bidder, if the first lowest bidder does not meet filing obligations; and authorizing staff to amend the Fiscal Agenda Item No. 8.12: Adopted Resolution No. 2019-072 finding the Installation, Maintenance and Repair of Asphalt Concrete (AC), Roadways, Alleys, Speed Humps and Related Items Project (OM1902) exempt under the California Environmental Quality Act (CEQA) and approving the Project; authorizing the City Manager to execute a construction contract with Arrow Drillers, Inc., DBA Arrow Construction for the Project in the amount of $500,000; authorizing the City Engineer to approve change orders not-to- exceed $50,000; 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. Agenda Item No. 8.13: Adopted Resolution No. 2019-073 authorizing the City Manager to execute the third amendment to the Fixed Route, ADA ParatransitlDial-A- Ride, and Maintenance Operations Contract with MV Transportation, Inc. (Contract No. C-14-233) to increase the total contract amount by $1,350,000 for a total contract Agenda Item No. 8.14: Adopted Resolution No. 2019-074 authorizing the City Manager to execute a Purchase and Sale Agreement and Joint Escrow Instructions including all associated documents necessary to complete the purchase of property located at 9108 Elk Grove Boulevard [APN: 125-0243-039); and amending the Fiscal Agenda Item No. 8.15: Adopted Resolution No. 2019-075 accepting the LED Replacement Lamp Upgrade Project as complete; and authorizing the City Engineer to prepare and the City Clerk to file the Notice of Completion with the Sacramento County Agenda Item No. 8.16: Adopted Resolution No. 2019-076 dispensing with the formal bidding requirements per Elk Grove Municipal Code Section 3.42.180(B)(3) and authorizing the City Manager to execute a contract with Elk Grove Auto Group, Inc. a California corporation, for the purchase of three light-duty pickup trucks for Public Works tiered pricing schedule with a fixed pricing schedule. Year 2018-19 Budget and 2018-2023 Capital Improvement Program. compensation amount not-to-exceed $31,850,000. Year 2018-19 budget by $293,000 (CEQA Exempt). Recorder. Operation and Maintenance in an amount not-to-exceed $68,000. Elk Grove City Council Regular Meeting, Apnl2 24,2019 Page 6of11 Note: Item 8.17 was considered. separately from the Consent Calendar items. Agenda-em-No-B47-A8Pl-esP.P-HRORERg-Pe-CHy-anager-10-eMecWie-a CORMISHF-GONKGL-WEmn-Swp.mee-s-Gwe-Desgh Guiselines-CempreheneweUpdaienanBRGPAmSuRHPSHPeNexeed$149.165. Agenda Item No. 8.18: Adopted Resolution No. 2019-077 authorizing the City Manager to execute use agreements for the Elk Grove Aquatics Center with the Agenda Item No. 8.19: Adopted Resolution No. 2019-078 dispensing with the formal request for proposals process pursuant to Elk Grove Municipal Code Chapter 3.42 and authorizing the City Manager to execute Amendment No. 1 to the current contract with WarriorZ Health and Fitness for a two-year extension for the City's Employee Wellness Program in the amount of $88,000 per year for a total compensation amount not-to- Agenda Item No. 8.20: Adopted Resolution No. 2019-079 approving the reclassification of one Administrative Assistant position to Administrative Analystlin the Note: Item 8.17 was considered separately from the Consent Calendar items as Agenda Item No. 8.17: Adopted resolution authorizing the City Manager to execute a consultant contract with Dahlin Group, Inc., to complete the Elk Grove Design Guidelines Comprehensive Update in an amount not to exceed $149,165. Council Member Suen agreed that additional public outreach should be conducted regarding the Elk Grove Design Guidelines Comprehensive Update. Amended Motion: M/S Suen/Hume to adopt Resolution No. 2019-080 authorizing the City Manager to execute a consultant contract with Dahlin Group, Inc., to complete the Elk Grove Design Guidelines Comprehensive Update as amended to include an additional $5,000 to include increased public outreach in an amount not to exceed Consumnes River Aquatics Club and Elk Grove Swim Team Boosters. exceed $264,000. City Manager's Office. follows: $154,165 (amount as amended that includes the additional $5,000). PUBLIC HEARINGS Agenda Item No. 9.1: A public hearing to consider an Ordinance amending the City of Elk Grove Zoning Map, and a Resolution approving a Tentative Parcel Map for the Kitenza Map Project (PLNG18-088) (No Further CEQA Review Required). RECOMMENDATION 1) Introduce and waive the full reading, by substitution of title only, an Ordinance finding no further environmental review is required pursuant to State CEQA guidelines Section 15183 and approving a rezone for Kitenza Map Project (PLNG18- 088); Assessor Parcel Number 123-0190-048; and Elk Grove City Council Regular Meeting, Apnl24,2019 Page 7of11 2) Adopt a Resolution: a. Finding no further CEQA review is necessary for the Kitenza Map Project (PLNG18-088) pursuant to Section 15183 (Projects Consistent with a Community b. Approving a Tentative Parcel Map to subdivide one parcel of approximately five gross acres into two parcels as described in Exhibit A and shown on Exhibit B to Plan, General Plan, or Zoning); and the Resolution. With the aid of a visual presentation (filed), Antonio Ablog, Planning Manager, provided Vice Mayor Hume raised concern of constraints on the parcels imposed by Sacramento County regulations that could result in the property owner having to construct water/sewer connections across the drainage swale. He suggested a condition be placed that any construction across the drainage swale (roadway, water, septic, or an overview of the staff report and recommended actions. sewer) would be required to reconstruct the drainage swale. Mayor Ly declared the public hearing open. Lokoko Kitenza, applicant, spoke in support of the staff recommendation and was agreeable to include a condition to restore the drainage swale if required due to construction activities. PUBLIC COMMENT None. Mayor Ly declared the public hearing closed. Motion #1: M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 13-2019 finding no further environmental review is required pursuant to State CEQA guidelines Section 15183 and approving a rezone for Kitenza Map Project (PLNG18-088); Assessor Parcel Number 123-0190-048. The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Nguyen, and Suen); Motion #2: M/S Hume/Nquyen to adopt Resolution No. 2019-081 finding no further CEQA review is necessary for the Kitenza Map Project (PLNG18-088) pursuant to Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and approving a Tentative Parcel Map to subdivide one parcel of approximately five gross acres into two parcels as described in Exhibit A and shown on Exhibit B to the Resolution as amended to include a condition that any utility services would not compromise the drainage swale and any construction in the drainage channel would not interrupt existing drainage flows and would ensure drainage flows were retumed to pre- installation conditions. The motion passed by the following vote: Ayes: 5(Ly, Hume, Noes: 0; Absent: 0. Detrick, Nguyen, and Suen); Noes: 0; Absent: 0. Elk Grove City Council Regular Meeting, April24,2019 Page 8of11 REGULAR. AGENDA ACTION TEMS/RECOMMENDATIONS 20 Event Sponsorship Grant Program (ESG) funding allocations. Agenda Item No. 10.1: Receive information and provide direction on Fiscal Year 2019- RECOMMENDATION Receive information and provide direction regarding the allocation of FY 2019-20 Event With the aid of a visual presentation (filed), Kristyn Laurence, Public Affairs Manager, Sponsorship Grant Program (ESG) funds provided an overview of the staff report and recommendation. PUBLIC COMMENT Jolene Matson and representatives of the Elk Grove Fine Arts Center requested full funding of the seven special events proposed. Ken Miller and Margie Jones spoke in support of the staff recommendation. Vice Mayor Hume encouraged the Elk Grove Fine Arts Center to apply next year through the Community Services Grant program, as the art shows were not of a scale to Vice Mayor Hume and Council Member Nguyen directed use of funds from their respective City Council support budgets for council assistants to be utilized in funding the request for the arts showcases by the Elk Grove Fine Arts Center. Members of the City Council stated they would be making private donations to support the art shows as Agenda Item No. 10.2: Presentation of the Elk Grove Police Department's 2018 Annual be categorized as an event through the ESG program. well. Report. RECOMMENDATION Staff recommends the City Council receive a presentation of the Elk Grove Police With the aid of a visual presentation (filed), Police Chief Bryan Noblett provided an Department's 2018 Annual Report. overview of the Police Department's annual report. PUBLIC COMMENT Constance Conley thanked Police Chief Noblett for his service. facilities were being provided to support the Police Department Randy Bekker believed a space study needed to be completed to ensure adequate City Manager Behrmann stated the space study would return for consideration in the summer. The City Council received and filed the report. Elk Grove Cty Council Regular Meeting, Apni 24, 2019 Page 9of11 Agenda Item No. 10.3: Consider a resolution adopting the Mission, Vision, Goals, and Priority Projects for Fiscal Years 2019-2020 and 2020-2021 RECOMMENDATION Adopt resolution adopting the City Mission and City Council Vision Statement, Goals, With the aid of a visual presentation (filed), Christopher Jordan, Director of Strategic Planning & Innovation, provided an overview of the staff report and recommendation. and Priority Projects for Fiscal Years 2019-2020 and 2020-2021. PUBLIC COMMENT Lynn Wheat suggested the City consider additional methods to address deteriorating The City Council deliberated on the matter and suggestions were made to include priority projects under the goals to support Sacramento Regional Transit and extend transit / light rail service to the City, and under City Operations to maintain assets and Staff noted efforts in the past year by the Public Works Department to provide more resources for roadway repair and maintenance projects, and the upcoming five-year Capital Improvement Program would address a pavement management plan, looking to best utilize funding available, and focus on asset management and getting facilities in Council Member Suen noted the negative effects of declining gas tax revenue and noting efforts at regional and national levels at methods to increase funding for Motion: M/S Nquyen/Suen to adopt Resolution No. 2019-082 adopting the City Mission and City Council Vision Statement, Goals, and Priority Projects for Fiscal Years 2019-2020 and 2020-2021 as amended to add a pnority project under the Transportation Goal of "Support Sacramento Regional Transit's efforts to extend light rail to the City" and add a priority project under the City Operations Goal of Maintaining existing City assets at an appropriate level consistent with best practices and as funding allows". The motion passed by the following vote: Ayes: 5 (Ly, Hume, Detrick, Agenda Item No. 10.4: Consider a resolution amending the Fund Balance Reserve roadways and road maintenance. facilities good repair. maintenance of assets. Nguyen, and Suen); Noes: 0; Absent: 0. Policy. RECOMMENDATION Adopt resolution amending the Fund Balance Reserve Policy. 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 action. Elk Grove City Council Regular Meeting, April 24,2019 Page 10 of11 PUBLIC COMMENT Lynn Wheat believed reserve funds should be utilized to address roadways in disrepair Motion: M/S Suen/Detrick to adopt Resolution No. 2019-083 amending the Fund Balance Reserve Policy. The motion passed by the following vote: Ayes: 5 (Ly, and road maintenance needs. Hume, Detrick, Nguyen, and Suen); Noes: 0; Absent: 0. ADJOURNMENT With no additional business to conduct, the April 24, 2019 City Council meeting was adjourned at 10:04 p.m. Kx Slp JASON LINDGREN, CITY CLERK 26 STEVEL LY, MAYOR Elk Grove City Council Regular Meeting, Apni24,2019 Page 11 of11