CITY OF ELK GROVE Incorporated July 1, 2000 MINUTES OF THE CITY COUNCIL Wednesday,anuary 10, 2018 REGULAR MEETING CALL TO ORDER/ROLL CALL Vice Mayor Suen called the regular City Council meeting of January 10, 2018 to order at Present: Vice Mayor Suen and Council Members Detrick, Hume, and Nguyen. 6:04 p.m. Absent: Mayor Ly. Linda White led the Pledge of Allegiance. Vice Mayor Suen asked that a moment of silerice be observed. APPROVAL OF AGENDA Motion: M/S Detrick/Hume to approvethe agenda as presented. The motion passed by the following vote: Ayes: 4 (Suen, Detrick, Hume, and Nguyen); Noes: 0; Absent: 1 (Ly). CLOSED SESSION None. PRESENTATIONS/ANNOUNCEMENTS 4.1 New Hire Introductions Newly hired City Hall staff were introduced as follows: Police Officer Cristina Gonzalez, Police Officer Trainees Shasta Devlin, Jasper Juan, and Jarred Houston, Traffic Engineer Ryan Chapman, Senior Planner Matt Diaz, Assistant Planner Joseph Daguman, and Economic Development Special list Luis Aguilar. PUBLIC COMMENT Amar Shergill addressed incidents of hate in Elk Grove being posted online and looked forward to hearing Item 10.1. He agreed with many of the recommendations under the item but sought specific. policy direction from the City Council on issues of a petition he Lynn Wheat raised concerns about Mello-Roos taxes used to fund projects and the disclosure to homebuyers of such supplemental tax assessments. She believed taxation would become a problem for the community, and questioned the need to raise more funds for City projects through additional taxes. Ms. Wheat inquired if the City submitted with policy recommendations (filed). Elk Grove City Council Regular Meeting, January 10,2018 Page 10f11 intended to. submit a sales tax increase ballot measure at an. upcoming election, and stated her belief that City funds could be better managed to not require additional Dennessa Atiles believed policy changes were: needed for a large, diverse city. Ms..Atiles wanted local elected officials to express their opinions, values and ideals on all issues, including those not related to local governance, to display their positions to Randy Bekker belièved if council members were not primarily representing Elk Grove interests they should not serve on the council, and if individuals had other political ambitions they should go seek. other offices. He stated a petition had been circulated opposing the policy positions submitted by Mr. Shergill. Mr. Bekker suggestèd the policy issues. raised by Mr. Shergill be evaluated and discussed in the community to taxation. voters. look at options. GENERAL ADMINISTRATION INFORMATION City Manager Laura Gill reviewed the January 10, 2018 Administrative Report (filed). Ms. Gill confirmed that traffic updates were. distributed via online notification through the Nextdoor.com social network application. COUNCIL COMMENTS/REPORTS/FUTURE AGENDA ITEMS Council Member Hume attended a Paratransit, Inc. meeting, attended the Sacramento Regional County Sanitation District Board of Directors meeting, and would be attending the Saçramento Transportation Authority Board meeting (noting that the Federal Highway Administration had added the Capital SouthEast Connector alignment to its Council Member Nguyen attended the Asian American Real Estate Association installation dinner, attended the Sacramento Area Council of Governments meeting (noting she was appointed to Paratransit, Inc. Board), attended the Sacramento Warlords basketball club dinner fundraiser event, and she invited the community to participate in a Dr. Martin Luther King, Jr. Day march event, to be held in Sacramento on Council Member Detrick attended the Volunteers In Police Services annual appreciation Vice Mayor Suen attended a recognition event, held for Ernie. Costa by American Legion Post 233, attended the Sacramento Warlords: basketball club dinner fundraiser event, stated he would be attending the Sacramento Transportation Authority Board meeting, attended the. Sacramento Area Council of Governments meeting (noting he was appointed Vice Chair'to the Transportation Committee), and requested. a 2x2 meeting national highway system). January 15. luncheon, and presented a Key to the. City to centenarian Bertha Cross. be.convened with the Elk Grove Unified School District: Elk Grove' City Council Regular Meeting. January 10,2018 Page2of11 CONSENT CALENDARITEMS Vice Mayor Suen noted his recusal from considering Items 8.19 and 8.21 as the items were related to a Costco projeçt and he ownecl stock in Costco. PUBLIC COMMENT Lynn Wheat commented on Item 8.14 stating she appreciated the last. AMGEN Tour event, and requested a report providing a cost breakdown to evaluate the benefits of such a sponsorship. Ms. Wheat bélieved the: trail network needed funding to provide connectivity of trail segments. Vice Mayor Suen agreed such a report would be beneficial. Council Member Detrick noted an event such as the AMGEN Tour also provided Motion: M/S Detrick/Hume to note Vice Mayor Suen's reçusal from voting on Items 8.19 and 8.21, and to approve the Consent Calendar as prèsented. The motion passed by the following vote: Ayes: 4 (Suen, Detrick, Hume, and Nguyen); Noes: 0; Absent: 1 (Ly). [the vote for Items 8.19 and 8.21 passed by the following vote: Ayes: 3 (Detrick, Hume, and Nguyen); Noes:: 0; Absent: 1 (Ly); Agenda Item No. 8.1: Received Treasurer's Report and Other Post-Employment Agenda Item No. 8.2: Approved City Council meeting Minutes for the December 13, 2017 Special and Regular meetings;, and June 14, 2017 Regular Meeting. Agenda Item No. 8.3: Received report on City Manager approved purchases and contracts authorized by Elk Grove Municipal Cocle Chapter 3.42 Contracts and Purchasing, and projects awarded under the Uniform Public Construction Cost Agenda Item No. 8.4: Received report on Requests for Proposals, Qualifications, and Agenda Item No. 8.5: Adopted Ordinance. No. 30-2017 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 46) and amending Elk Grove Municipal Code Agenda Item No. 8.6: Adopted Ordinance No. 31-2017 repealing and replacing Elk Grove Municipal Code Title 14, Chapter 14.10 (Water Efficient Landscape Requirements), amending Title 16, Chapter 16.18 (Nuisance Code); and repealing Title intangible benefits such as media coverage and exposure for the: City. Abstain/Recuse: 1 (Suen)). Retirement Benefits (OPEB) Report for November 2017. Accounting Act, filed through January 2, 2018. Bids. Section 3.19.010 (Second Reading). Elk Grove.City Council Regular Meeting, January 10,2018 Page:3d of11 16, Chapter 16.100 (Deferral or Waiver of Certain Residential Impact Fees) (CEQA Agenda. Item No. 8.7: Adopted Ordinance No. 32-2017 amending Elk Grove Municipal Agenda Item No. 8.8: Adopted Resolution No. 2018-001 authorizing the City Manager to execute a three-year contract with an optional two-year extension with Elite Maintenance Management Systems EMMS, Inc. (EMMS) of Sacramento, to provide custodial services for City owned facilities in an amount not-to-exceed $375,000 over. a Agenda Item No. 8.9: Adopted Resolution No. 2018-002 dispensing with competitive bidding, authorizing the City Manager to enter into a. contract to purchase six Starcraft Ford Cutaway compressed natural gas (CNG) transit buses from Creativé Bus Sales, Inc. through a cooperative purchasing agreement in an amount not-to-exceed $722,000, and authorizing the City Facilities and Fleet Manager to approve change orders not-to- Agenda Item No. 8.10: Adopted Resolution No. 2018-003 dispensing with the formal request for proposals procedure pursuant to Elk Grove Municipal Code Chapter 3.42.140(B)(3), authorizing the City Manager to execute a contract with Dokken Engineering for Professional Engineering Services associated with the Old Town. Area Streetscape Phase 2 Project (WTR012) in an amount not to exceed $470,000, and authorizing an amendment to the Fiscal Year 2017-18 Budget to provide additional funding in the amount of $50,000 to-the Project from Gas Tax (Fund #221). Agenda Item No. 8.11: Received update on the long term parking strategy and improvements to existing parking facilities in Old Town Elk Grove. Agenda Item No. 8.12: Adopted Resolution No. 2018-004 accepting the Pavement Resurfacing 2017 Project (WPR017) Construction Contract as. complete; and authorizing the City Engineer to prepare and the City Clerk to file the Notice of Agenda Item No. 8.13: Adopted Resolution No. 2018-005 authorizing the City Manager to execute Amendment No. 5 to contract" C-12-514 with Tops Vending Service for bottled water increasing the contract amount by $25,000 for a total contract not-to- Agenda Item No. 8.14: Adopted Resolution No. 2018-006 authorizing the. City Manager to execute a City Participation Agreement with AEG Cycling, LLC to Host the Agenda Item No. 8.15: Adopted Resolution No. 2018-007 approving the. list of Elk Grove projects for State of Good Répair (SGR) Program funding, agreeing to comply with all SGR Certifications and Assurances; and authorizing the City Manager to execute all requirèd SGR documents, including any Amendments thereto with the California Department of Transportation, and all necessary adjustments and Exempt) (Second Reading). Code Title 30 regarding Solid Waste Management (Second Reading). three: year period. exceed. $8,000. Completion with the Sacramento County Recorder. exceed amount of $125,000 through December 31, 2018. 2018 Amgen Tour of California on May 17, 2018. Elk. Grove. City Council Regular.Meeting January 10, 2018 Page 40 of11 amendments to Transit's fiscal year operating and capital budgets to accommodate the Agenda Item No. 8.16: Authorized recruitment to fill one vacancy on the Youth Agenda Item No. 8.17: Adopted Resolution No, 2018-008 authorizing the Finance Director to sell or otherwise dispose of surplus City property in the form of City, Transit, Agenda Item No. 8.18: Adopted resolutions declaring intention to annex territory to: Community Facilities District No. 2003-2 (Police Services) - Resolution No. 2018-009, Community Facilities District No. 2005-1 (Laguna Ridge) - Resolution No. 2018-010, Community Facilities District No. 2006-1 (Maintenance Services) - Resolution 2018- 011, Street Maintenance District No. 1, Zone 3-W - Resolution No. 2018-012, Street Maintenance District No. 1, Zone 5-L - Resolution No. 2018-013, and Storm Water Drainage Fee Zone 2 - Resolution No. 2018-014, and to levy associated taxes for Agenda Item No. 8.19: Adopted Resolution No. 2018-015 authorizing the City Manager to execute a Credit Reimbursement. Agreement with the Ridge EG East, LP, for privately constructed public facilities included in the Elk Grove Roadway Fee Program in substantially the form presented, and amending the. fiscal year 2017-18 Agenda Item. No. 8.20: Adopted Resolution No. 2018-016 authorizing the City Manager to execute a Credit Reimbursement: Agreement with VTL Sterling Meadows LLC, for privately constructed public facilities included in the Elk. Grove Roadway Fee. Program, and amending the Fiscal Year 2017-18 Budget to reflect the expenses Agenda Item No. 8:21: Adopted Resolution No. 2018-017 authorizing the City Manager to execute an Acquisition Agreement with The Ridge EG East, LP, a California Limited Partnership, for acquisition of privately-constructed facilities within the City of Elk Grove Community Facilities District No. 2005-1 (Laguna Ridge) from a future Laguna Ridge new debt issuance pursuant tc- the Laguna Ridge Community Facilities Agenda Item No. 8.22: Adopted Resolution No. 2018-018 approving the use of Local Advance Construction Funding for the Sheldon Rcad and Bradshaw Road Bridge Replacement and Intersection Improvement Project (PT0137) (No further CEQA Review SGR program funding. Commission. and'Law Enforcement Vehicles, and, Law Enforcement Equipment. David Ho, Lent Ranch, Madeira South and Sterling Meadows Projects Budget to reflect the expenses authorized in the. Agreement. authorized in the. Agreement. District Guiding Principles. Required). PUBLIC HEARINGS Agenda Item No. 9.1: A public hearing to consider adopting a resolution approving the 2018 Capital Facilities. Fee (CFF) Nexus Study Update and establishing the fees relative to the CFF Program (CEQA Exempt). Elk Grove City Council Regular Meeting, January 10, 2018 Page5of11 RECOMMENDATION Adopt resolution accepting the 2018 Capital Facilities Fee (CFF) Program Nexus Study Update and setting the CFF Impact Fees. Brandon Merritt, Finance Analyst, provided an overview of the staff report and With the aid of a visual presentation (filed), Victor Irzyk with Goodwin Consulting, recommendation. provided an overview of the Capital Facilities Fee Nexus Study Update. PUBLIC COMMENT Lynn Wheat believed the fee should be set at the highest limit. Council Member Detrick noted much of the cost for a development fee on new home Council Member Hume noted the total of increases on fees on homes was restricted by what the market could bear offering competitively priced homes, and increased fees Motion: M/S Detrick/Nquyen to adopt Resolution No. 2018-019 the 2018 Capital Facilities Fee (CFF) Nexus Study Update and establishing the fees relative to the CFF Program. The motion passed by the following vote: Ayes: 4 (Suen, Detrick, Hume, construction was passed on to the homebuyer. reduced homebuilder margins. as well. and Nguyen); Noes: 0; Absent: 1 (Ly). REGULAR AGENDA ACTIONITEMS/RECOMMENDATIONS Agenda Item No. 10.1: Review the report from the American Leadership Forum and receive City Council direction on possible next steps regarding community relations. Review the report from the American Leadership Forum and receive. City Council With the aid of an overhead presentation (filed), Kara Reddig, Deputy City Manager, provided an overview of the staff report and recommendations. Police Chief Bryan The Police Department's record management system was being set-up to flag incidents and reports as hate incidences, which would provide the ability to The bias trainings provided to City staff were conducted by Police Department staff who had received training through a more expanded training program on principled policing, and had utilized a module of the training on explicit bias to The number of hate crimes reported over the past seven years was as follows: 2017 had six events, 2016 had three events, 2015 had three events, 2014 had RECOMMENDATION direction on possible next steps regarding community relations. Noblett fielded questions of'the City Council as follows: retrieve the data and run reports to seek trends or patterns; provide a two. hour training to City staff; Elk. Grove City: Council Regular Meeting, January 10, 2018 Page'6of11 two events, 2013 had four events, 2012 had three events, and 2011 had 6 Using, the current record system (arid current search capabilities), 15 hate incidences were identified in 2017 (with six resulting in hate crimes). events; Council Member Detrick: noted the Elk Grove Unified School District (EGUSD) would be Council Member Hume clarified the truck being sought by law enforcement was because of'the intimidating behavior exhibited by the driver of the truck, not because of holding a. board meeting on January' 16, 2018 to discuss race relations. the content of the flag or other materials on the: vehicle. PUBLIC COMMENT January 16, 2018. Hilda Curry stated she would reserve her çomments for the EGUSD meeting on Dennessa Atiles expressed her dismay with the recommendations of the report and believed they would. not address the problerns, facing the community. She believed policy changes were needed including a police comrnission. She was encouraged by the Community Advisory Board, hate incident tracking, and working in collaboration with the EGUSD (believing the City Council could influence policy changes of the EGUSD). She felt the solutions were not targeting the people who needed the education and outreach the most, and she disagreed that the Multicultural Committee was qualified to Amar Shergill believed the African American community had led the civil rights movement, made the most sacrifices, and remained the most targeted by hate crimes. He believed that previously there had not been recognition by City elected officials that racism existed in the community of Elk Grove, but the ongoing town hall méetings and workshops were bringing recognition of the issues. He submitted policy considerations (filed) to implement hate incident tracking, "by district" voting, a community policing commission, and a school board çurriculum focused on addressing race relations. Mr. Shergill did not believe the City had the. cultural competency to implement needed programs and that the City needed to look to agencies in other regions and local Sharie Wilson voiced appreciation for the safety measures implemented on Elk Grove Boulevard to improve lighting and visibility. She expressed dismay that neighboring shop owners reported to the media that the hate messaging placed on her business was fabricated. She believed east Elk. Grove:, and Pleasant Grove, High School were hubs of racism that needed to be addressed in conjunction with the EGUSD. Ms. Wilson stated many reports of hate incidences and crimes were dismissed by Tracie Stafford expressed appreciation for efforts on outreach meetings to date. She agreed with comments that racist issues were ongoing in the çommunity, there were those who chose to disregard that there were racist issues in the community, and she asked for acknowledgment and understandirig to begin the process to address the take on the race relations issues faced by the community. organizations to provide input. individuals in positions of authority. Elk Grove City Counçil Regular Meeting, January 10,2018 Page7of11 issues. She believed it required experiencing and understanding the issues to make effective outcomes. She shared her observations when people dismissed racial issues, providing the example that she had provided feedback on the town hall outreach meetings to provide a lighted venue, but her communication had been distributed to be ridiculed and dismissed. Ms. Stafford believed it was important to recognize the issues Lorreen Pryor expressed appreciation to the Police Department for officers that participated in functions of the Black Leadership Project. She believed the issues of racism were: from the failures of generations to act and racism continued to affect future generations. She believed in the sincerity of parties to address the issues, but the issues continued, and there needed to be continued, concerted efforts to listen and Xanthi Pinkerton representing the EGUSD noted the Board meeting scheduled for Betty Williams, President of the Greater Sacramento National Association for the Advancement of Colored Peoplé, expressed wanting to have received the report before itwas released to the public, and wanted additional information on the bias training provided to City staff. She stated the local jurisdiction the NAACP had received the most discrimination and civil rights complaints was the Elk Grove Police Department. She believed an environment of racism pèrsisted in the community, and requested the City work with the NAACP and community groups to improve community relations. Ms. Williams believed more timely actions could be taken when dealing with hate crimes and requested the City reach out to the NAACP when such matters were under Police Chief Noblett stated his availability to méet with Ms. Williams regarding the complaints. being received by the Greater Sacramento NAACP, which to date the complaints had not been communicated to the. Elk Grove Police Department. The City Council received the report, voiced support for Police Chief Noblett's Community Advisory Board, deliberated on the matter, and provided direçtion to continue working with the community and to.engage. a broader audience to discuss race. relations, to allocate resources, to maintain engagement efforts including resources to support the Multicultural Committee to serve: in a greater capacity as a forum to discuss race relations and continue outreach to. the community, and to continue partnéring with Agenda Item No. 10.2: Provide direction on whether to revise the categories for the that some members of the community face on a day to day basis. work in conjunction with the community and youth to find solutions. January 16, 2018 to discuss race relations and issues of racism. investigation. local agencies including the EGUSD. Key to the. City program. RECOMMENDATION City program. Staff recommends that the: City Council receive this report and information presented at the meeting and provide. direction on' whether to revise the categories for the Key to the. Elk Grove City Council Regular Méeting, January 10,:2018 Page 8-of11 With the aid of a visual presentation. (filecl), Kara Reddig, Deputy City Manager, provided an overview of the staff report, and recommendations. Ms. Reddig stated the staff recommendation was to remove duplicative categories from the Key to the City Program including the categories of Professional or Amateur Sports, Entertainment Industry, Military Service, Public Service, and Humanitarian Efforts (as those categories wereraddressed under the Hall of Fame Program). PUBLIC COMMENT Randy Bekker did not want priorrecipients to have. a Key to the City rescinded based on changing the program (noting the éxample of Kyle Larson who had been recognized with a. Key to the City as a NASCAR drivér), and believed there were benefits to utilize The City Council deliberated on the matter and provided direction to retain military service as a category for the Key to the City Program (removing the categories of Professional or Amateur Sports, Entertainment Industry; Public Service, and Humanitarian Efforts), to include. a policy to return unique circumstances for consideration to award a Key to the City to the full Cily Council, to have Key to the City awards to celebrities be confirmed by the mayor and vice mayor, and,return these policy changes for approval through amendments to the. Elk Grove City Council Norms and Agenda Item No. 10.3: Receive information and provide direction on naming and the Key to the City Program to promote the City. Procedures Manual. branding concepts for the Civic Center Project. RECOMMENDATION Receive a presentation from staff and provide direction regarding naming and branding With the aid of a visual presentation (filed), Kristyn Nelson,, Public Affairs Manager, provided an overview of the staff report and recommendations. She reviewed the naming and branding process that was: conducted and presented the top three options from that effort for consideration: 1) "Elk Grove Civic Center," 2) "CNTR Point," and concepts for the Civic Center Project. 3) "The Pendulum" (or Pendulum Point"). PUBLIC COMMENT Michael Monasky asked how much was paid for the naming and branding effort, and he Ms. Nelson stated $38,000 had been expended for the naming and branding effort to Erin Saberi did not support the name options, and believed a name should have more did not support funding a branding effort. date. historical context and/or meaning to the community. Elk Grove City Council Regular Meeting, January 10,2018 Page 90 of11 Scott Crocker, with Crocker & Crocker (the firm that developed the name "The Pendulum"), provided the background and context in developing potential brands, and Debbie Augustine, with Augustine (the firm that developed the name "CNTR Point") provided the background and context in developing their selection of "CNTR Point." Council Member Nguyen noted there were several regional locations that included "Center" as part of the. name, and believed the City should seek a more distinctive. The City Council deliberated on the matter and did not believe the options presented were an appropriate fit. The City Council provided direction to consider a name that could apply to a larger district area, to expand naming and branding efforts by inviting the community to submit suggestions, and to return the options submitted by the Agenda Item No. 10.4: Receive a presentation regarding the Laguna West Levee Systèm Problem Identification Report.and provide direction, as appropriate. their selection of "The Pendulum." name. community for consideration by the City Council. RECOMMENDATION: Receive a presentation regarding the Laguna West Levee System Problem Identification Report and provide direction, as appropriate. Note: Council Member Detrick. left at 9:12 p.m. Brian Fragiao, Engineering Division Manager, provided. an overview of the staff report. With the aid of a visual presentation (filed), Nancy Moricz, Supervising Engineer with MBK Engineers, provided an overview of the Laguna West Levee System Problem Identification Report. PUBLIC COMMENT Michael Monasky submitted. comments (filed) and believed the matter should not be considered as the Laguna West Levee System Problem Identification Report was not made available until January 9 which he belièved was a violation of Brown Act. open meeting laws: He. disagreed with utilizing funds to further study the issue, he believed the. previously allowed development in Laguna West should not have been approved due to flooding issues, and he believed members of the City Council had conflicts and should not consider the. issue (citing Vice Mayor Suen's employment with the State of California Department of Water Resources and campaign donations to various City Attorney Jonathan Hobbs stated there was no Brown Act violation as the agenda for the item was posted in accordance with law, and the Brown Act did not prohibit supplemental information being provided to legislative body after the posting of an agenda (when the same information was also made available to the public). Mr. Hobbs members of the City Council from development interests). Elk Grove City Council Regular Meeting, January 10,2018 Page 10of11 saw no facts that would constitute a conflict. of interest for any of the members of the The. City Council received the report and coricurred with the staff action to develop a 200-year floodplain map based on current hydraulic modeling information and develop feasibility level alternatives and associated cost estimates to further evaluate the issue. Agenda Item No. 10.5: Consider an Ordinance Amending Chapters 4.27, 6.22, and 9.24 of the Elk Grove Municipal Code Concerning Smoking Regulations (CEQA City Council on this matter. Exempt) RECOMMENDATION: regulations (CEQA Exempt). recommendations. PUBLIC COMMENT Introduce and waive the full reading, by substitution of title only, an ordinance amending Chapters 4.27, 6.22, and 9.24 of the Elk Grove: Municipal Code concerning smoking Jonathan P. Hobbs, City Attorney, provided an overview of the staff report and Kimberly Bankston-Lee, Twyla Laster, and Tim Gibbs spoke in support of the staff recommendation. Ms. Bankston-Lee submitted a survey (filed) polling residents on their Motion: M/S. Hume/Nguyen to introduce andl waive the full reading, by substitution of title only, Ordinance No. 01-2018 amending Chapters 4.27, 6.22, and 9.24 of the Elk Grove Municipal Code concerning smoking regulations. The motion passed by the following vote: Ayes: 3 (Suen, Hume, and Nguyen); Noes: 0; Absent: 2 (Ly and opinions of secondhand smoke in the community. Detrick). ADJOURNMENT adjourned at 9:43, p.m. With no additional business to conduct, the January 10, 2018 City Council meeting was JASON LINDGRENNCITY B ATTEST: DARREN: SUEN, VICE MAYOR C Elk Grove. City Council Regular Meeting, January" 10, 2018 Page 11 of11