CITY OF ELK GROVE Incorporated.July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR. MEETING Wednesday, June 27; 2018  CALL TO ORDER/ROLLCALL  Mayor Ly called the regular City Council meeting of June 27, 2018 to order at Present: Mayor Ly, Vice Mayor Suen, and Council Members Detrick.and Hume.  6:44 p.m.  Absent: Council Member Nguyen.  Astudent from the Civic Summer Program led the Pledge of Allegiance. Captain David Rosa, and asked that a moment of silence be. observed.  Mayor Ly asked the meeting be adjourned in memory of Long Beach Fire Department  APPROVAL OF CITY COUNCIL AGENDA  Motion: M/S Detrick/Suen to approve the City Council agenda as presented. The motion passed by the following vote: Ayes: 4 (Ly, Suen, Detrick, and Hume);  Noes: 0; Absent: 1 (Nguyen). CLOSED SESSION None:  PRESENTATIONS/ANNOUNCEMENTS 4.1 Civic Summer Introductions.  Students from the Civic Summer Program provided an overview of the program and Carlos Garcia, the Civic. Summer Program project lead thanked the City for its support  assignments thèy would be participating in for the coming month.  of the program. PUBLIC COMMENT  Ed Owen looked forward to the discussion of speed bump installation policies at the next meeting, noting his belief that Mecca Road needed speed control measures. He cautioned of fire dangers in the eastern part of town with large fields covered in dry grass, and raised concern of an overgrown ditch near his home. Mr. Owen believed discussions for any proposed lifestyle center should focus on locating in the Southeast  Elk Grove City Council Regular Meeting, June 27,2018 Page 1of9    Policy Area, and not along Elk Grove Boulevard (which was already impacted with With the aid of a visual presentation (filed), Mark Graham raised issues of City staff engaging in discussions with AT&T to consider agreements for elecommunications facilities, and believed such discussions should first be placed on an agenda and opened for public discussion and council direction prior to City staff taking any further Eugene Evans raised complaints with how Code Enforcement handled notification and Frank Freeno supported discussion. of speed bump. installation policies, and supported  traffic).  action on the matter.  issuance of citations of nuisance violations at this property. installation of speed control measures on Mecca Road. GENERAL ADMINISTRATION INFORMATION  Interim City Manager Jason Behrmann reviewed the June. 27, 2018 Administrative  Report (filed).  COUNCIL COMMENTS /REPORTS/FUTURE AGENDA ITEMS  Council Member Hume attended the Sacramento Transportation Authority (STA) Board meeting, participated in a subset group from STA to put together a survey for regional agencies to conduct a transportation listening tour to identify transportation priorities, attended a Paratransit, Inc. meeting, attended a Career Pathways and Building Trades on Public: Works Projects Ad Hoc Committee meeting, toured a mutual housing apartment project in Davis, spoke at the Civic Summer Program, participated in a workshop on the Sheldon Area alignment study on Grant Line Road, attended a Capital SouthEast Connector Joint Powers Authority Board meeting, attended the Run4Hunger Family Festival event, attended a meeting with representatives of the San Joaquin Joint Powers Authority and Sacramento Regional Transit District to discuss collocating a rail stop at the Franklin Light Rail Station, and attended the Diversity Ad Hoc Committee Vice Mayor Suen attended the Sacramento Transportation Authority (STA) Board meeting, attended the Cosumnes Community Services District Elk Grove's Got Talent event show, participated in. a clothing drive providing dresses for school children going into first grade, toured a mutual housing apartment project in Davis, attended a workshop on government appointments through the California Governor's Office, attended the Sacramento Area. Council of Governments meeting, attended a meeting of the Glenbrooke Homeowner Association, attended the Run4Hunger Family Festival Council Member Detrick attended the Sacramento Metropolitan Cable Television Commission Board meeting, highlighted the entertainment programming and positive outcomes from Musical Mayhem Productions, spoke at the Civiç Summer Program, attended the Bounty on the Boulevard fundraiser event, and voiced appreciated to the  meeting.  event, and attended ceremonies for the program Uplift Elk Grove.  Elk, Grove City Council Regular Meeting, June 27.2018. Page.2of9    City team participating at the Camden Homéowner Association meeting. Mr. Detrick The Development Services Department was in progress of creating a customer service satisfaction survey to receive. feedback from appliçants/o clients; The discussion on policies for the traffiç calming program would return at the Crews were. working on removing fire hazards, and residents were. encouraged to contact Public Works and report any concerns which City staff would evaluate  asked questions of staff and responses were as follows:  July 11, 2018 regular meeting; and and prioritize for weed abatement.  Mayor Ly expressed appreciation for the informational flyer provided on citywide traffic mitigation efforts. He attended the Run4Hunger Family Festival event and shared feedback of a desire for the event to be held the morning of July 4. He spoke at the Civic Summer Program, attended the UC Davis commencement ceremony, attended the Greater Sacramento Area Economic Council meeting, he noted the. Sacramento Regional County Sanitation District Board of Directors meeting was cancelled, and he would be. attending an upcoming meeting the Sacramento Metropolitan Air Quality  Management District. CONSENT CALENDARITEMS PUBLIC COMMENT None..  Motion: M/S Suen/Hume to approve the Consent Calendar as presented. The motion passed by the following vote: Ayes: 4 (Ly, Suen, Detrick, and Hume); 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 May 1, 2018 through May 31, 2018, showing Automatic Clearing House Nos. 14646 through 14801; General Warrant Nos. 115909 through 116273, and Electronic Fund Transfer Nos. 90071302 through 90071305 and 90071307 through Agenda Item No.. 8.3: Approved City Council Meeting Minutes of the. June 13, 2018 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, Qualfications, and Agenda item No. 8.6: Adopted Ordinance No. 12-2018 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2003-2 (Police  Noes: 0; Absent: 1 (Nguyen).  Retirement Benefits (OPEB) Report for May 2018.  90071327. Special Meeting.  Accounting Act, filed through June 20, 2018.  Bids.  Elk Grove City' Council Regular Meeting, June 27,2018 Page: 3of9    Services). (Annexation No. 45) and amending Elk Grove Municipal Code Section Agenda Item No. 8.7: Adopted Ordinance No. 13-2018 levying and. apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No.. 50) and amending Elk Grove Municipal Code Agenda. Item No. 8.8: Adopted Resolution No. 2018-134 authorizing the City Manager to execute an Amendment to the Contract with Miller Law Group for a Diversity Audit Agenda Item No. 8.9: Adopted Resolution. No. 2018-135 dispensing with the Formal Request for Proposal (RFP) Procedures pursuant.to Elk Grove Municipal Code Section 3.42.140(B)(3) and authorizing the City Manager to execute a three-year contract; with a three year renewal, with NEOGOV, INC. to provide online hiring, onboarding, and performance review software services to the. City of Elk Grove. in an amount not to  3.18.010 (Second Reading).  Section 3.19.010 (Second Reading).  and Inclusion Strategy extending the time for performance.  exceed $159,000.72.  Agenda Item No. 8.10: Received the 2017 Annual Growth Report.  Agenda Item No. 8.11: Adopted Resolution No. 2018-136 approving the Small Lot Final Map for Sterling Meadows Phase 1F-South (Subdivision No. EG-01-130.01FS). and authorizing the City Manager to execute the Subdivision Improvement Agreement Agenda Item No. 8.12: Adopted Resolution No. 2018-137 finding the Franklin Boulevard Cycle Track Phase 1 Project (WAM001) exempt under the California Agenda Item No. 8.13: Adopted Resolution No. 2018-138 accepting the Laguna Creek Trail - Camden South Spur (PT0121) and Laguna Creek Trail Camden North Spur (WTL005) Projects 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 Agenda Item No. 8.14: Adopted Resolution No. 2018-139 accepting the Intelligent Transportation Systems (ITS) Master Plan Phase 4 Implementation Project (WTC001) 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 projèct budget authority to zero and returning any remaining funds back. to their Agenda Item No. 8.15: Adopted Resolution No. 2018-140 authorizing the City Manager to execute: an Economic Development Agreement with the Greater Sacramento  (CEQA Exempt).  Environmental Quality Act (CEQA) and approving the Project.  funds back to their respective fund(s).  respective fund(s).  Elk Grove City Counicil Regular Meeting.. June 27.2018 Page 4of9.    Economic Council and the City of Elk Grove for a term of one year for a total amount. of  $64,275.  PUBLIC HEARINGS  Agenda Item No. 9.1: A Public Hearing to consider a resolution adopting an Addendum to the Certified Environmental Impact Report (EIR) for the Southeast Policy Area Strategic Plan involving text changes to the EIR and previously-adopted Mitigation  Monitoring and Reporting Program (MMRP).  RECOMMENDATION:  Staff recommends that the City Council conduct a public hearing to receive information and public comment regarding an Addendum to the Southeast Policy Area (SEPA) Strategic Plan Environmental Impact Report (EIR), and consider a resolution finding this to be the appropriate environmental review for text changes to the SEPA EIR and previously-adopted Mitigation Monitoring and Reporting Program (MMRP), pursuant to the. California Environmental Quality Act (CEQA) Guidelines Section 15164. Subject to any public comment and additional information, staff further recommends that the City With the aid of a visual presentation (filed), Antonio Ablog, Planning Manager, and Joyce Hunting, Biologist, provided an overview of the staff report and recommended The applicant,team consisting of Bryan Cooley, Stan Van Vleck, Jim Estep; and Ryan Broderick, provided visual presentations (filed) and voiced support for the staff recommendation. In reply to Mayor Ly, Mr. Estep noted the 10 mile radius reference was created from telemetry work done in the 1980s when looking how far Swainson's hawk would go to forage. The studies found they did go out as far as 20 miles from a nest, but at the time the measure of 10 miles seemed an adequate reference to determine if mitigation would be required (if a project identified a nest within 10 miles, that would be a trigger to. require mitigation). Mr. Estep believed the 10 mile radius reference changed over time and became viewed as a measured distance about where top place mitigation lands (different from the initial intent for when;to consider mitigation), and he believed this change in the use of the 10 mile referençe stemmed from local discussions as the 10 mile delimiter was not a common practice, regulation, or guideline. Mr. Estep believed the origination of the 10 mile reference was intended primarily to protect those hawks identified in the vicinity of a project, but only using the 10 mile reference for the placement of mitigation land limited exploration of mitigation  Council approve the resolution adopting the. Addendum.  action.  alternatives.  Daniel Washington voiced support for the staff recommendation.  Mayor Ly deciared the public hearing open.  ElkGrove City. Council Regular Meeting, June. 27,2018 Page 5of9    PUBLIC COMMENT  Robert Dugan, Lindsey Liebig, Frank Louie, John Lane, Delman Clark, and Joshua Paul Lindsay believed if changes to Swainson's hawk mitigation were being contemplated that first a more comprehensive discussion should be initiated regionally. Jim Pachl did not believe it was appropriate to address this matter through an addendum. to an EIR, and a change of this nature. needed a new EIR or supplemental EIR to provide for a public review process. He questioned the suitability of the proposed eastern area. lands as habitat, noting the proposal was to enhance the property, but such enhancements did not guarantee improved or suitable habitat. Mr. Pachl addressed the 10 and 20 mile. distances, noting the. critical issue was not focused on just foraging, but discussing nesting and distance requirements. for adult Judith Lamare noted organizations that submitted comments in opposition to this item, and she believed the position of Mr. Estep had changed and contradicted what he had said in the past. Ms. Lamare agreed with the position of the California Department of Fish and Wildlife (CDFW), and supported initiation. of a supplemental EIR process. She believed this action would take the region into a direction that risked losing the Swainson's hawks. Ms. Lamare believed mitigation must be conducted for occupied habitat, that. the prime lands that protected both Swainson's hawk and agricultural uses were in the region between Elk Grové and Galt, and moving 900 acres of prime habitat into the eastern area would do nothing for the local ecology (shifting to grasslands that  Wood voiced supportfor the staff recommendation.  birds to' have to return to a nèsting site after foraging.  were inadequâte mitigation land and did not promote nesting).  Mayor Ly declared the public hearing closed.  Christian Marsh, legal counsel representing the applicant, believed City staff were taking a conservative. approach analyzing the matter in an addendum, as he believed the mitigation measure specifically cited compliance with the City's own municipal code, and under the Elk Grove Municipal Code the City Council had the. authority to consider alternative means of mitigating for Swainson's hawk. He addressed the 10 mile radius noting it was not in the mitigation measure, it was not a requirement of the ordinance, and though there was comment from CDFW, the City Council had authority on mitigation. Mr. Marsh noted in reference to. substantial evidence that the. City had the City Attorney Jonathan Hobbs stated staff supported the addendum as the appropriate  ability" to select professional opinions of one expert over another.  method to address the specific text changes.  Gerry Kamiosvoicedsupport of the.staff recommendation.  Vice Mayor Suen appreciated the. comments submitted on the issue, recognized that biological opinions could differ on a.subject, and that the goal was. to determine the best  decision for mitigation.  Elk, Grove City Council Regular Meeting, June 27,2018 Page:6of9    Council Member Hume noted the origin of this requestwas from private parties bringing forth a mitigation plan and was not. City initiated. Mr. Hume appreciated the. logic of this approach, and believed the City's overall mitigation policies should return for review at a Mayor Ly appreciated the comments of Mr. Estep in addressing the history and use of The City Council deliberated on the matter noting the benefits of the lands to be utilized as a preserve rather than being developed for other uses, providing large preserve areas of improved habitat removed from human habitation, and linking the network of Motion: M/S Hume/Detrick to adopt Resolution No. 2018-141 adopting an Addendum to the Certified Environmental Impact Report for the Southeast Policy Area Strategic Plan and previously-adopted Mitigation Monitoring and Reporting Program. The motion passed by the following vote: Ayes: 4 (Ly, Suen, Detrick, and Hume);  future date for discussion separate from this item.  the 10 mile radius reference.  regional preserve areas.  Noes: 0; Absent: 1 (Nguyen).  REGULAR. AGENDA ACTION EMS/RESÇAMENDATONS Municipal Code Title 16, Chapter 16:50 (Flood Damage Prevention).  Agenda Item No. 10.1: Consider introduction of an ordinance amending Elk Grove  RECOMMENDATION  Introduce and waive the full reading, by substitution of title only, an ordinance amending Elk Grove Municipal Code Title 16, Chapter 16.50 (Flood Damage Prevention).  The verbal staff report was waived. PUBLIC COMMENT None.  Motion: M/S Hume/Suen to introduce and waive the full reading, by substitution of title only, Ordinance No. 14-2018 amending Elk Grove Municipal Code Title 16, Chapter 16.50 (Flood Damage Prevention). The motion passed by the. following vote: Ayes: Agenda. Item No. 10.2: Consider a resolution approving the Civic Center Landscaping and Pedestrian Trails Study (WCÇCA03) Schematic Design Concept and provide direction to staff regarding the site. solar array location and integration within the  4(Ly, Suen, Detrick, and Hume); Noes: O; Absent: 1 (Nguyen).  Schematic Design Concept (No Further CEQA Required)  RECOMMENDATION Adopt a resolution:  1) Finding that the Civic Center Landscape and. Pedestrian Trails Study (WCCA03) Schematic Design Concept requires no further environmental review pursuant to  State CEQA Guidelines Section 15162; and  Elk Grove. City Council Regular Meeting, June 27, 2018 Page 7of9    2) Approving the Civic Center Landscape and Pedestrian Trails Study (WCCA03) Staff is also seeking direction from Council regarding the site. solar array location and With thè aid of a visual presentation (filed), John Griffin, Senior Civil Engineer, and Marco Esposito with SWA, provided an overview of the staff report and  Schematic Design Concept.  integration within the Schematic Design Concept Plan.  recommendations. PUBLIC COMMENT  Keith Smothers voiced. support for the staff recommendation. Mr. Smothers noted the Kevin Jones believed the intent of thé area should be for a leisure area, did not believe the water feature was needed, requested that no basketball courts be added into the The City Council deliberated on the matter raising issues that the cost for the improvements was high, to consider phasing improvements as funding became Motion: M/S Hume/Detrick to adopt Resolution No. 2018-142 finding that the Civic Center Landscape and Pedestrian Trails Study (WCCA03) Schematic Design Concept requires no further environmental review pursuant to State CEQA Guidelines Section 15162, approving the Civic Center Landscape and Pedestrian Trails Study (WCCA03) Schematic Design Concept. The motion passed by the following vote: Ayes: 4 (Ly, The City Council agreed with the staff recommendation on the: site solar array location. Agenda Item No. 10.3: Consider a resolution approving proposed position reclassifications in support of the Strategic Planning and Innovation Initiative. Adopt resolution approving the proposed position. reclassifications in support of the Jason Behrmann, Interim City Manager, presented an overview of the. staff report and Council Member Hume raised concern the proposed salary ranges were high, but appreciated the. proposal would reclassify positions to alleviate. some of the cost.  area in its current condition did attract loitering and littering nuisances.  project area, and to consider providing additional parking spaces.  available, and to. seek funding sources to deliver the project.  Suen, Detrick, and Hume); Noes: 0; Absent: 1 (Nguyen).  RECOMMENDATION  Stratègic Planning and Innovation Initiative.  recommendation.  PUBLIC COMMENT None.  Elk: Grove: City Council Regular Meeting, June:27, 2018 Page8of9    Motion: M/S Suen/Hume to adopt; Resolution No. 2018-143 approving the proposed position reclassifications in support of the Strategic. Planning and Innovation Initiative. The motion passed by the following vote: Ayes: 4 (Ly, Suen, Detrick, and Hume);  Noes: 0; Absent: 1 (Nguyen). ADJOURNMENT  With no additional business to conduct, the June 27, 2018 City Council meeting was adjourned at 10:36 p.m. in memory of Long Beach Fire Department Gaptain David  Rosa.  RE JASON LINDGREN,ÇITY CLERK  ATTEST:  ha STEVE LY, MAYOR  Elk Grove City Council Regular Meeting, June 27, 2018 Page 9of9