CITY OF ELK GROVE Incorporated. July 1, 2000 MINUTES OF THE CITY.COUNCIL REGULAR.MEETING Wednesday, April 27, 2016 CALL TO ORDER/ROLL CALL Mayor Davis called the regular City Council meeting of April 27, 2016 to order at Present: Mayor Davis, Vice Mayor Ly and Council Members Detrick, Hume, and Suen. 6:12 p.m. Absent: None. Kristyn.Nelson led the Pledge of Allegiance. Mayor Davis asked that a moment of silence be observed. APPROVAL OF AGENDA Motion: M/S Ly/Detrick to move consideration of the closed session items until after the. regular items, and approve the remainder of the agenda. as presented. The motion. passed by the following vote: Ayes: 5 (Davis, Ly, Detrick, Hume, and Suen); Note: The closed session items were moved for consideration after the conclusion of Noes: 0; Absent: 0. the regular agenda items. CLOSEDSESSION A) PUBLIC-EMPLOYEEPERFORMANCEEVALUATION Pursuant to Government Code $-54957 Title: City-Attorney B) CONFERENCEWIHLABORNEGOTIATOR Pursuantto-GoVeFAmeRt-Code-5-549576 Ciy-Representalive:-GaryDavis, Mayor PRESENTATIONSIANNOUNCEMENTS Arepresented-Empleyee:-CHY-AHOFReyunrepresented-empleyee) 4.1 Council Member Hume presented a proclamation in recognition of National Volunteer Week, with special recognition to the Volunteers In Police Services. 4.2 Mayor Davis presented a recognition for the Elk" Grove Sikh Community Vaisakhi Celebration. Elk Grove. City Council Regular Meeting, April, 27, 2016 Page 1 of2 20 4.3. Council. Member Suen presented a proclamation recognizing May as Bike Month. 4.4 Trails. Committee - Annual Update. Trails Committee Chair Mark Doty provided an overview of the activities of the committee over the past year including review of development projects (commenting on connectivity, ingress and egress to project sites, trail placement. and design, and trail signage), review of Capital Improvement Projects planning for trails and bikeways; seeking opportunities to promote trail and bikeway initiatives, and working towards implementation of the Elk Grove Bicycle, Pedestrian, and Trails Master Plan. Accompishments over the past: year included new paving completed on the Elk Grove Creek Trail along with White House Creek Trail, hosting May is Bike. Month events. and activities, and securing grant funding for the open space preserve trail along Bruceville Road and trail and sidewalk project infill providing trail connectivty-along Laguna Creek. Upcoming projects include the Camden North and. South spurs trail conhections, and the Laguna Creek open space preserve trail being discussed oni tonight's agenda. He encouraged residents on May 4 to attend the Old' Town Plaza free bike valet promoting the City trail and bike system providing maps and displaying poster boards of the trail system, and to participate in May is Bike Month events. Future projects include continuing efforts to secure grant funding for the trail system, and exploring trail connections including a Laguna. Creek Trail connection at State Route 99 to promote cross town connectivity. He noted thé East Lawn Cemetery Expansion Project was scheduled to go before the Planning Commission, but currently that project did not include a trail component and if added would assist with trail çonnectivity along Laguna Creek. Mr. Doty stated Sacramento was looking at doing a cycle track on Franklin Boulevard just north of Elk Grove which may provide a future. regional connection for Elk Grove. PUBLIC COMMENT Denise Brechbill described issues she encountered with City Code Enforcement regarding overall height and maintenance of hedges on her property. She believed Code Enforcement Officers were not consistent in enforcing the codes, that she and neighbors were being sèlectively enforçed, and that, other houses with similar site conditions in the vicinity of her home did not have enforcement actions brought.against Mayor Davis requested a report of recent enforcement actions: initiated by Code Mark Graham recommended changes (filed) to the municipal code regarding weeds. as ar nuisance. Mr. Graham believed City staff were making false statements regarding the municipal code, and that Code. Enforcement was harassing residents by incorrectly Lynn Wheat recommended changes (filed) to the municipal code regarding tattoo parlors. She recommended the City website have additional resources to answer questions of small businesses, and suggested an ombudsman be provided to assist them.. Enforcement. issuing citations. EIK Grove City Council Regular Meeting, April:27,2016 Page2of:20 guiding businesses to. resources and through application processes. Ms. Wheat believed federal and state levels of government were looking to move away from suburban development, and to be eligible for funding for water and flood protection the City would need to focus addressing water and flood issues within the city limits. Council Member Detrick noted Rachel Brown on City staff serves as an ombudsman'for Joey Tomko appreciated timing changes to the Wilton Road traffic light, but noted it continued to back up and suggested the road be wicened to further accommodate the turn lane for Wilton Road. He observed the Bond Road / Bader Road traffic light did, not change and continues to have timing jssues. Mr. Tomko thanked the Elk Grove Police. Department for their response and role. regarding an incident that involved his son, noting all parties involved did what they were supposed to do and there was no further incident, but he believed the matter was started due to a false police report, and believed the police department should look into who filed the false report. economic development. GENERAL ADMINISTRATION INFORMATION City Manager Laura Gill reviewed the April 27, 2016. Administrative Report (filed). COUNCIL COMMENTS/REPOREPORTS/FUTURE AGENDA ITEMS Council Member Suen attended the Cap to Cap trip to Washington D. C. covering 11 policy areas advocated by the region. He was part of the flood team meeting with the Federal Emergency Management Agency (FEMA), discussing the National Flood Insurance Program, the effect on agricultural lands, and disaster- deductibles considered for implementation. He attended the Chicks in Crisis diaper drive and baby shower event and would like to see this fundraiser become an annuàl event for the City to Vice Mayor Ly stated the Franklin Community Association had officially formed. He attended the Cap to Cap trip to Washington D. C. as part of the. air quality team, and noted meeting with Ambassador Seng Soukhathivong ofLaos to discuss a humanitarian mission to Laos with local medical foundations. He attended the Sacramento Regional County Sanitation District Board of Directors meeting, he attended ribbon cuttings at Chicago. Fire and Elk Grove Custom Detail, he welcomed Ambassador Jalil Jilani of Pakistan, and he noted on May 7 the Franklin Community Association and Republic Services were hosting a community cleanup at the Franklin Library. Vice Mayor Ly commended the school district and their programs to assist foster youth. Council Member Detrick congratulated John Driebe for the new, custom detail collision center, and congratulated the Elk Grove Community Garden with the installation of a new solar panel. system for the garden site. He attended the Elk Grove Chamber of Commerce mixer and attended a vièwing of Project 22, a documentary film addressing veterans' issues of suicide and posttraumatic stress disorder. He attended the Cap to Cap trip to Washington D. C. participating on the civic amenities team, noting the example of Georgetown to develop a more self-sustaining upgrade plan for Old Town Elk Grove. He attended the Teen Center's Teen Idol competition semi-finals, promote. ElkGrove City Council Regular Meeting, April 27,2 2016 Page: 3of.20 commended staff on the Nashville Neighborhood Event, and attended the City outreach Council Member Hume participated in the final session the American Leadership Forum. He attended the Cap to Cap trip to Washington D. C. participating on the transportation team, noting the need to work closely with CalTrans to identify the Kammerer Road,/ Grant Line Road corridor on the National Federal Highway System to make those project areas eligible for federal programs. He attended a subcommittee meeting of the Sacramento Transportation Authority (STA) Board to review the draft. expenditure plan for the potential sales tax measure. He. attended an ad hoc meeting for Sacramento Regional Transit District (RT) reviewing the applicant pool for General Manager. The RT general meeting reviewed the design project for the. street car which Mr. Hume voted against as he did not believe such resources" should be dedicated until an adequate operational model was in place. The Sacramento Regional County Sanitation District Board. of Directors meeting awarded a $400 million contract for wastewater treatment after two hours of testimony regarding a bid protest (thè: top two companies were being reviewed as it appeared they. were under the same ownership of a holding company) and that a subcommittee was formed from the board to review: such language utilized in the contract bid documents. The contract award moved forward as the overall upgrade of the facility had deadlines for compliance by 2021, but Mr. Hume noted he abstained from the vote as he did not want ratepayers taking on risk. Mr. Hume stated he had been contaçted by homeowners on Crisswell Drive requesting as speed survey be conducted during the school year as traffic patterns would change Mayor Davis attended the Cap to Cap trip to Washington D. C. participating on the economic community development team and the transportation team. He reported on the Greater Sacramento Area Economic Council Board retreat which put together a strategic plan focused on the. regional business climate. He noted holding recent outreach meetings hearing general conçerns on traffic calming measures, and an issue of a truck driver having no locations in Elk Grove to park a truck overnight, and posed the idea of specific zoned areas or a permit to allow truck parking. He attended the Greater Than Three town hall meeting, the third annual cricket tournament hosted in Elk Grove, the solar panel installation at the Elk Grove Community Garden, and various "A Day of Service" events held over two weekends by over 20 Elk Grove churches coming together doing park cleanups, painting, and street-side plantings. Mayor Davis-noted the Big Day of Giving regional event was coming in May and urged the community to donate to local non-profit organizations, and he announced that Carl the Cart, the City's mascot for recycling, reusing, and reducing, was now on display as public art at the meeting on the animal shelter update. once summer break was underway. Special Waste Collection Center. CONSENT CALENDAR ITEMS PUBLIC COMMENT None. Motion: M/S Hume/Ly to approve the Consent Calendar as présented. The motion passed by. the following vote: Ayes! 5 (Davis, Ly, Detrick, Hume, and Suen); Noes: 0; Absent: 0. EIK- Grove City Council Regular Meeting, April27,2016. Page 40f20 Agenda Item No. 8.1: Received March 2016 Treasurer's Report. Agenda Item No. 8.2: Rèceived Automatic Clearing House Nos. 11359 through 11473 dated March 1, 2016 through March 31, 2016; General Warrant Nos. 96149 through 96713, and Electronic Fund Transfer Nos. 90070749through 90070762. Agenda Item No. 8.3: Approved City Council meeting Minutes: 1) December 9, 2015 regular; 2) January 13, 2016 regular; and 3) January 27, 2016 special. 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 Act, filed Agenda Item No. 8.5: Received report on Requests for Proposals, Qualifications, and Agenda Item No. 8.6: Adopted Ordinance No. 05-2016 establishing the Calvine Meadows Special Planning Area and rezoning APNS. 121-0180-064 and 121-0180-052 to the Calvine Meadows Special Planning. Area (Second Reading). Agenda Item No. 8.7: Adopted Ordinance No. 06-2016 amending Elk Grove Municipal Code. Chapter 3.70 relating to Utility Services Billing (Second Reading). Agenda Item No. 8.8: Adopted Resolution No. 2016-058 authorizing the City Manager toexecute Amendment #3 to Contract #C-11-437 with Danoc Manufacturing increasing the contract not-to-exceed amount to $50,000 and adding a polo shirt to the list of Agenda Item No. 8.9: Adopted Resolution No. 2016-059 authorizing the City Manager to execute an assumption agreement and contract amendment with Michael Baker International (formerly Pacific Municipal Consultants - "PMC") for Planning Services, Agenda Item No. 8.10: Adopted Resolution No. 2016-060 authorizing the City Manager to execute the Third Amendment: to Contract No. C-11-192: with Interwest Agenda Item No. 8.11: Adopted Resolution No. 2016-061 açcepting the. Southside Avenue Sidewalk Improvements Project (WAC008) as complete; and authorizing the City Engineer to prepare and the City Clerk to file the Notice of Completion with the Agenda Item No. 8.12: Adopted 1). Resolution No. 2016-062 accepting the Grant Line Road Widening. Phase One Project (PT034A) as complete; and authorizing the City Engineer to prepare and the City Clerk to file the Notice of Completion with the through.April 20, 2016. Bids. available clothing options. exercising a one-year extension option. Consulting Group, Inc. for Real Property Management Services. Sacramento County Recorder. Sacramento County Recorder. Elk. Grove City Council Regular Meeting, April 27,2016 Page:5of20 Agenda Item No. 8.13: Adopted Resolution No. 2016-063 authorizing the City Manager to execute a contract for Professional Engineering Services associated with the Sheldon Road and Bradshaw Road Bridge Replaçement and Intersection Improvement Project (PT0137) for a term of five years in an amount not to exceed Agenda Item No. 8.14: Received Quarterly Status Report: on FY 2016-2021 Capital Agenda. Item No. 8.15: Adopted, Resolution No. 2016-064 authorizing the City Manager, or designee, to execute and file applications with the Federal Transit Administration (FTA), an operating administration of the United States Department of Transportation, for Federal transportation assistance authorized by 49 U.S.C: chapter 53, title 23 United States Code, or other Federal statutes administered by the FTA. Agenda Item No. 8.16: Adopted Resolution No. 2016-065 authorizing the City Manager to execute a Reimbursement Agreement for privately constructed public facilities with Taylor Morrison of California, LLC, and amending the Fiscal Year 2015-16 Agenda Item No. 8.17: Adopted Resolution No. 2016-066 determining to annex territory to Community Facilities District No. 2005-1 (Laguna Ridge) and to levy a Agenda Item No. 8.18: Adopted 1) Resolution No. 2016-067 declaring intention to annex territory to Community Facilities District No. 2003-2 (Police Services) and to levy a special tax to pay for police services (Annexation No. 37); and 2) Resolution No. 2016-068 declaring intention to annexterritory to Street. Maintenance District No. 1, Zone 5-J (Annexation No. 13) and to levy a special tax" to pay for street maintenance. $731,284.89. Improvement Program. Budget to reflect the expenses authorized in the Agreement. special tax to pay for certain" facilities and services (Annexation No. 6). PUBLIC HEARINGS Agenda Item No. 9.1: A public hearing to consider a resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Lower Laguna Creek Open Space Trail Project (WTL022) and approving the Project. RECOMMENDATION Conduct a public hearing and consider adoption of a resolution adopting the Initial Study N Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program. for the Lower Laguna Creek Open Space Trail Project (WTL022), and With the aid of an overhead presentation (filed), Rick Carter, Capital Program Manager, provided an overview of the staff report and recommended actions. The project would provide increased trail connectivity heading south from the existing North Laguna Creek trail, would add increased trail connectivity in the. overall area, and included a watershed education area. The northern portion of the project was in the City of Sacramento, City of Sacramento staff noted the project was not a high priority project, and though not participating in funding, Sacramento was working cooperatively to get the minimal approving the Project. Elk Grove City- Council Regular Meeting, April-27,2016 Page 6of20 amount of trail within the Sacramento city limits to provide. the trail connectivity (and Sacramento would later fill in the trail in their jurisdiction as' priorities allowed). A parking lot was included in the master plan to be funded in a later phase. Residents in the vicinity of the project reported the northern portion of the wildlife area was a hangout area for individuals often conducting unwanted activities, and the project could provide for the capacity to remove underbrush in the. area to. increase visibility and discourage unwanted activities. Mr. Carter reviewed the areas of potential impact under the. environmental document (many tied to the parking lot that was not in the early phase), and other areas would be mitigated by standard practices ofthe City during construction phases. A Noticé. of Intent was issued and a public workshop was held in late March. Public comments raised concern with the educational area being too close. in proximity tos some of the homes, and concern that seating proposed within the educational area, as well as along the trail, would ençourage undesirable. behavior creating unsafe conditions. The original concept proposed the educational areaas an open area with a variety of seating and interpretive signage. Based on citizen concerns staff would look at changes, with discussion of eliminating the seating, not having a large open area, and. potentially shifting the location of the educational area. Staff would continue the dialogue with the neighbors as the project moved forward, currently it was at the 30% design stage, current project budget was $1.8 million, with 80% funded with a federal active. transportation grant. This particular grant required California Transportation Commission (CTC) votes at each stage, and staff projected the Project would not clear Inr reply to Council Member Hume, Mr. Carter noted the CTC may discontinue-funding of the Regional Surface Transportation Program (RSTP), but this' project was funded by Active Transportation Funds (ATF) which the CTC. would continue to be funding. state approvals for construction until June 2018. Mayor Davis declared the public hearing open. PUBLIC COMMENT Ralitsa Akins raised concerns there were not enough details on the location of the trails and amenities in relation to her property. She: expressed concerns that if facilities were not locked, properly lighted, or patrolled that the planned spacesiwould attract unwanted activity. Ms. Akins appreciated thei City continuing to work with neighbors to address Eric Klinger appreciated City staff working with the community on the project. He supported the trail but highlighted that at night the site was a very lawless area with high drug and alcohol use. He believed the locations that drug and alcohol use occurred were at the benches or places where. people could easily congregate. Mr. Klinger believed a public amphitheater would encourage gangs of people to use that area at night for illicit activity, and asked to either move it or reconsider the purpose of such concerns on the design of the site. facilities. Mayor Davis declared the public hearing closed. Elk Grove City Council Regular Meeting, April 27,2016 Page 7:of.20 Council Member Detrick noted it would be a year and a half before funding was finalized for the project which would provide time for continued public outreach to discuss issues Mr. Carter stated the original outreach with the publiç-portrayed the educational area as. a large open area with a large amount of seating, interpretive signs, and educational information on nature and the watershed. After meeting with the public. and the comments submitted, staff did not anticipate design for a large, open-air amphitheater with seating, but staff wanted to work with the residents to incorporate the educational aspects at the site and retain some level of seating (such as seating immediately Motion: M/S Ly/Suen to adopt Resolution No. 2016-069 adopting the Initial Study I Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program for the Lower Laguna Creek. Open Space Trail Project (WTL022), and approving the Project. The motion passed by the following vote: Ayes: 5 (Davis, with the location offacilities and layout of the project. adjacent to the trails). Ly, Detrick, Hume, and Suen); Noes: 0; Absent: 0. Agenda Item No. 9.2: A public hearing to consider adoption of: A) a resolution. calling a special election and declaring results of the special election for annexation to Community Facilities District No. 2003-2 (Police Services) and introduction of an ordinance levying and apportioning the special tax to the annexing area (Annexation No. 36); B) a resolution calling a special election and declaring results of the special election. for annexation to Community Facilities District No. 2006-1 (Maintenance Services) and introduction of an ordinance. levying and apportioning the special tax to the annexing area (Annexation No: 37); C) a resolution determining to levy street maintenance assessments for certain properties in the Eastern. Area which represent Annexation No. 29 into Street Maintenance District No. 1 Zone 3-R; and D) a resolution determining to levy Storm Water Drainage Fee assessments for certain properties representing Annexation No. 12. into Storm Water Drainage Fee Zone-2. A-1) Adopt resolution calling a special election to submit the question of levying a special tax within the area proposed to be annexed to Gommunity Facilities A-2) (Following tabulation and certification of ballot results by the. City Clerk) Adopt resolution declaring the results of the special election held on April 27, 2016 for the thirty-sixth annexation to Community Facilities District No. 2003-2 (Police A-3) Introduce and waive the full reading, by substitution of title only, an ordinance levying and apportioning the special. tax in territory annexed to Community Facilities District No. 2003-2 (Police Services) Annexation No. 36 and amending RECOMMENDATION District No. 2003-2 (Police Services) to the qualified electors; Services); and Elk Grove Municipal Code Section 3.18.010; AND B-1). Adopt resolution calling a special election to submit the question of levying a special tax: within the area proposed to be annexed to Community Facilities District No. 2006-1 (Maintenance Services) to the qualified electors; B-2) (Following tabulation and certification of ballot results by the City Clerk) Adopt resolution declaring the results of the special election held on April 27, 2016 for Elk Grove City Council. Regular Meeting, April2 27,2016 Page 8-of20 the thirty-seventh annexation to Community Facilities District No. 2006-1 B-3) Introduce and waive the full reading, by substitution of title only, an ordinance levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) Annexation No. 37 and (Maintenance Seryices); and amending Elk Grove Municipal Code Section 3.19.010; AND Maintenance District No. 1 = Zone 3-R (Annexation 29); AND Storm Water Drainage Fee.Z Zone 2 (Annexation 12). C) Adopt resolution determining to levy street maintenance assessments in Street D) Adopt resolution determining to levy storm water drainage fee assessments for Council Member Detrick stated he would recuse himself from voting on the item. Note: Council Member Detrick left at 7:45p.m. The verbal staff report was waived.. Mayor Davis declared the public hearing open for Community Facilities District No. 2003-2.(Police Services) Annexation No. 36. PUBLIC COMMENT: None. Mayor Davis declared the public hearing closed. Motion #A-1: M/S Suen/Hume to adopt Resolution No. 2016-070 calling a special election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2003-2 (Police Services) to. the qualified electors. The motion passed by the. following vote: Ayes: 4 (Davis, Ly, Hume, and City: Clerk Jason Lindgren stated of 2 possible votes, 2 affirmative votes were cast. authorizing the City of Elk Grove. to levy a special tax at thé rate apportioned and described. The measure. passed with more than two-thirds of all votes cast in the election in favor of the measure. Aresolution declaring the results of the election was Motion #A-2: M/S Suen/Hume to adopt Resolution No. 2016-071 declaring the results of the special election held on April 27, 2016 for the thirty-sixth annexation to Community Facilities District No. 2003-2 (Police Services). The motion passed by the following vote: Ayes: 4 (Davis, Ly, Hume, and Suen); Noes:0; Absent: 0; Recuse: Motion #A-3: M/S Suen/Hume to introduce. and waive the. full reading, by substitution of title. only, Ordinance No. 07-2016 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2003-2 (Police Services) Annexation No. 36 and amending Elk Grove Municipal Code. Section 3.18.010. The motion passed by Suen); Noes: 0; Absent: 0; Recuse: 1 (Detrick). available for Council consideration. 1( (Detrick). Elk Grove City Council Regular Meeting; April 27,2016 Page 9of20 the following vote: Ayes: 4 (Davis, Ly, Hume, and Suen); Noes: 0; Absent: 0; Mayor Davis declared the public hearing open for Community Facilities District No. Recuse: 1 (Detrick). 2006-1 (Maintenance Services) Annexation No. 37. PUBLIC: COMMENT: None. Mayor Davis declared the. public hearing closed. Motion. #B-1: M/S Hume/Ly to adopt Resolution No. 2016-072 calling a special election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No: 2006-1 (Maintenance Services) to the qualified electors. The motion passed by the following vote: Ayes: 4 (Davis, Ly, City Clerk Lindgren stated of 3 possible votes, 3.a affirmative votes were cast authorizing the City of Elk Grove to levy a special tax at the rate apportioned and described. The measure passed with more than two-thirds of all votes cast in the election in favor of the measure. A resolution declaring the results of the election was available for Council Motion #B-2: M/S Hume/Suen to adopt Resolution No. 2016-073 declaring the results of the-special election held on April 27, 2016 for the thirty-seventh annexation to Community Facilities District No. 2006-1 (Maintenance. Services). The. motion passed by the following vote: Ayes: 4 (Davis, Ly, Hume, and Suen); Noes: 0; Absent: 0; Motion #B-3: M/S Hume/Ly to introduce and waive the full reading, by substitution of title only, Ordinance No. 08-2016 levying and apportioning the special tax: in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services), Annexation No. 36 and amending Elk Grove Municipal Code Section 3.18.010. The motion passed by the following vote: Ayes: 4 (Davis, Ly, Hume, and Suen); Mayor Davis declared the public hearing open for Street Maintenance District No. 1- Hume, and Suen); Noes: 0; Absent: 0; Recuse: 1 (Detrick). consideration. Recuse: 1 (Detrick). Noes: 0; Absent: 0; Recuse: 1 (Detrick). Zone 3-R Annexation No. 29. PUBLIC COMMENT: None. Mayor Davis declared the public.hearing closed. City Clerk Lindgren announced there was no majority protest. Of 2 possible votes (weighted according to the proportional financial obligation for each Equivalent Dwelling Unit), 2 affirmative votes were returnèd. The ballot approved the proposed assessment and the proposed inflation adjustment limit described for the parcel identified in the Elk Grove City Council Regular Meeting,A Apri/27,2016 Page 10of20 ballot. A resolution determining to levy assessments in the district was available for Motion #C: M/S Hume/Suen to adopt Resolution No. 2016-074 determining to levy street maintenance assessments in Street Maintenance: District No. 1 - Zone 3-R (Annexation 29). The motion passed by the following vote: Ayes: 4 (Davis, Ly, Mayor Davis declared the public hearing open for Storm Water Drainagé Fee Zone 2- Council consideration. Hume, and Suen); Noes: 0; Absent: 0; Recuse: 1 (Detrick). Annexation No. 12. PUBLIC COMMENT: None. Mayor Davis declared the public hearing closed. City Clerk Lindgren announçed thère was no majority protest. Of 3 possible votes (weighted according to the proportional financial obligation for each Equivalent Dwelling Unit), 3 affirmative votes were returned. The ballots approved the proposed assessment and the proposed inflation adjustment limit described for the parcels. identified in the ballot. A resolution determining to levy assessments in the district was Motion #D: M/S Hume/Ly to adopt Resolution No. 2016-075 determining to levy storm water drainage fee assessments for Storm Water Drainage Fee Zone 2, (Annexation 12). The motion passed by the following vote: Ayes: 4 (Davis, Ly, available for Council consideration. Hume, and Suen); Noes: 0; Abserit: 0; Recuse: 1 (Detrick). REGULAR AGENDA ACTION ITEMS IRECOMMENDATIONS Note: Council Member Detrick returned at 7:50 p.m. Agenda Item No. 10.1: Receive a presentation about the Sacramento Central Groundwater Authority. RECOMMENDATION Groundwater Authority. Staff recommends City Council receive a presentation about the Sacramento Central With the aid of an overhead presentation (filed), Darrell Eck, Executive Director of the Sacramento Central Groundwater Authority, provided an overview of the Sacramento Central. Groundwater Authority (SCGA). SCGA had its origins inj the. Sacramento Water Forum, formed in the early 1990s by business leaders, agriçultural leaders, citizen groups, environmentalists, water managers, and local governments in Sacramento County: The water forum agreement was. adopted in 2000, and part of the water forum agreement regarded grounawater management. The grounawater management plan identified in the water forum agreement. was to protect the viability of the resource for both current and future users by monitoring the arnount of groundwater withdrawn, promote conjunctive use, and create publicly accountable governance structures. - the Elk Grove City Council Regular Meeting; April 27,2016 Page 11of20 driving factors behind thé creation of the SCGA. The water forum negotiated agreements as to what the long-term average sustainable yield was for various groundwater basins within Sacramento County, those negotiated amounts were the North Area which is located north of the American River at 131,000 acre-feet per year, the Central Area (which includes the. City of Elk Grove) at 273,000 acre-feet per year, and the South. Area south of the Cosumnes River at 115,000 acre-feet per year. The Central Sacramento County Groundwater Forum was created to develop recommendations for groundwater management within the Central Area of Sacramento County, with over 50 participants in the process representing various groups. The Central Sacramento County Groundwater Management Plan was produced as part of that process, and is Senate Bill (SB) 1938 compliant (which became part of the water code). The City of Elk Grove was a participant of the 16 member governing board of SCGA. SCGA activities include: developing a database to maintain and evaluate. groundwater level data, participating in maintaining original surface water and groundwater models to assist SCGA. to work cooperatively with neighboring groundwater jurisdictions to ensure no harm was being caused to somebody else through groundwater use, publishing biennial. basin management reports, coordinating with various local and regional interests.on groundwater issues, and participating in the California Statewide Groundwater Elevation Monitoring (CASGEM) program. The Management Plan comports with what the legislature contemplates under the California Sustainable Groundwater Management Act (SGMA). SGMA was signed into law in 2014, and the California Department of Water Resources has been tasked with mplementation, relative' to interpretation of the legislation, the law itself has been given téeth to ensure compliance by the year 2022. Previous groundwater management activities were more voluntary, the SCGA Joint Powers Agreement provides SCGA the necessary powers and authorities to be able to enforce actions identified in the management plan, The SGMA legislation basically provides that same kind of authority and powers thàt the SCGA already has, and there is nothing in SGMA that SCGA is not already doing, but SGMA requires ramping up of existing programs and a higher frequency of reporting. SCGA is able to demonstrate it has been sustainable in groundwater management for the last 10 years. In relation to becoming either a groundwater sustainability agency or an alternative plan (which is something that is allowed under the. SGMA legislation) there are a. number of challenges as both processes are still being developed by the legislature. Mr. Eck. believed this has caused several entities to interpret SGMA as providing them with an opportunity to go out and form their own groundwater sustainability agencies. Locally thère has been a challenge with the Omochumne-Hartne. Water District and Soughhouse Resource Conservation District, both are entities that have moved forward in a process to form their own groundwater sustainability agencies in areas that:overlap SCGA's existing boundaries. Other areas, such as the Florin Resource Conservation District, expressed interest in making modifications to the current joint powers agreement and that remains an Council Member Hume appreciated. that the Sacramento Regional County Sanitation District was a member of SCGA, and Mr. Hume expressed his interest that water treated and returned to the river should have that value: recognized and remonetized ongoing discussion with members of the board. back. to the region. Elk Grove City Council Regular Meeting, April27,2016 Page 120f20 Mr. Eck addressed the actions of the Omochumne-Hartne. Water District (requesting a basin boundary modification to move the boundary of the Cosumnes sub-basin which is south of the river to the north to Grant Line Road) and the Soughhouse Resource Conservation District (both districts seeking to form indèpendent Groundwater Sustainability Agencies over the jurisdictional boundaries of their districts). SCGA had requested in the case of the GSA formations that the agencies hold off until there was resolution on the alternative submittal process, but those entities decided to continue to move forward. Subsequently SCGA filed a competing Groundwater Sustainability Agency application with the state which resets all applicants and forces all parties to discuss such jurisdictional issues. The SCGA board also confirmed actions to move forward with submitting a letter of opposition to the basin boundary modification change. In.r response to Council Member Detrick asking if the SCGA or state had intent to meter wells, Mr. Eck noted the metering of wells was allowed within the SGMA legislation, providing a certain amount of flexibility and discretion on part of the governing body as to how metering might be approached. The SCGA has developed a methodology to estimate groundwater usage for stakeholders which was vetted. through the board and agricultural residential stakeholders, and. SCGA has not contemplated pursuing meters on private wells, at this point in time. PUBLIC COMMENT Suzanne Pecci believed entities pursuing groundwater sustainability agencies at this time were attempting to bypass the open. and collaborative public outreach that was prescribed by SGMA, and the proposed GSA's seemed to only seek control of groundwater resources and did not: provide any information on how they would better serve residents over the current services from SCGA. She believed there was a conflict of interest with respect to the members of water boards that shared goals of urbanization in the area. She held concerns thal. domestici well water would get regulated, monitored, and potentially metered in the future and that domestic wells were being targeted to fulfill projects for increased urbanization. Ms. Pecci believed domestic well owners needed to be involved in the decision making and. the community needed to be more familiar with the significance of SGMA in managing and monitoring Robert McClèrnon. believed well owners were net zero users (pumping their own water, often having septic, and much of the water. remained on the property and would go back in the ground). He did not believe well owners should be considered for fees. or more regulation. He agreed with comments about Elk Grove water being sent down river to John Benvenuti noted that well users incurs all costs to clean, pump, and filter their own well water, and many well owners take steps to collect rainwater and recycle water on- site. Well owners often also have septic systems that they clean and maintain at their own expense. He opposed metering on private wells quéstioning what bénefit well owners: would receive from such charges, noting the costs already incurred by many groundwater. the Los Angeles area. private. well owners. Elk Grove City Council Regular Meeting, April 27,2016 Page" 13'of.20 Greg Jones stated his well was metered by the. electric bill he paid to SMUD and nothing more was needed to gauge how much water on any well was pumping. Mr. Jones had held similar conversations with local agencies considering monitoring septic" tanks throughout the county, and he believed if an agency wanted to monitor and control such uses they should also be willing to take on the maintenance, care, and Leo Fassler supported comments to. not regulate water usage on private wells in the rural area, noting rural residents manage and conserve water on their properties Lynn Wheat questioned the motivations of why the Omochumne-Harinel. Water District and Soughhouse Resource Conservation District wanted their own GSAS. Hong Lin, with the Department. of Water Resources, clarified that under SGMA measuring deviçes were not allowed for de minimus users (domestic.users utilizing less Mayor Davis and Council Member Detrick did not support the metering of wells in Elk repairs of those systems. accordingly to take care of the land and animals they own. than 2 acre-feet per year). Grove: The City Council received and filed the report. Agenda. Item No. 10.2: Consider a resolution authorizing the City Manager to execute two professional services contracts with Willdan Engineering to perform professional engineering services' for the Public Works Department. RECOMMENDATION Adopt: resolution authorizing the. City Manager to execute two professional services contracts with Willdan Engineering for provision of professional engineering services for With the aid of an overhead presentation (filed), Bob Murdoch, Public Works Director / City Engineer, provided an overview of the staff report and recommended actions. The current. service contracts cover PublicWorks and Development Services were executed in 2010 and those contracts expire in November of this year. Public Works issued a request for proposals in October 2015, two firms responded and Willdan Engineering was selected as the most qualified firm in compensation. The contract would only cover Public Works services and was split into two contracts, the first contract covered federal and state. funded projects to segregate those funding sources, services, and project management. The second contract covered non- federal/state contracts and included project management, design services, engineering services (traffic, drainage, permits, construction management, surveying, and development review), and other services including operation and maintenance services. The terms proposed were three years, with the options of a two-year extension. The contracts were task. order based to issuea a project scope, schedule, and fee negotiated. As with the existing contract Willdan Engineering would pay for use of the City facilities, the scope related to Public Works was the same with a few reclassifications, and staffing levels remained the same with flexibility in order to respond to changing work levels to raise or lower staffing levels the City of Elk. Grove's Public-Works Department. Elk Grove City Council Regular Meeting, April 27,2016 Page 14-of20 under the contract. Administrative staff were incluced within 'the hourly rates of the professional staff. Key differences were theexisting contract had a 3.5% markup on all subcontracts and vendors, the non- federal/state contract has been reduced to 1.75%. and the federal and state contracts were reduced to 0%, which over the life of the five year contracts would save approximately $1 million. Contract compensation limits were added for the non- federal/state at $14 million per year and for the. federal and state contract it is $3.15 million over the-length of the term of the five-year contract. Digital archiving of department documents was included in the cost and the contracts were nonexclusive contracts, the City had the ability to use other vendors for any ofi the work. Daniel Chow, representing Willdan Engineering, expressed appreciation for the opportunity to serve. the City of Elk Grove, noting accomplishments over the, past five years. Mr. Chow noted half of the Willdan Engineering staff wère Elk Grove residents and they enjoyed serving their own home town. PUBLIC COMMENT None. Inr reply to Council Member Hume, Mr. Murdoch noted the two companies were not compared side-by-side due to. the. structure of the. RFP which was based first on qualification, sO the firms that submitted proposals were ranked without consideration of cost based on qualification. When Willdan Engineering was determined to be the first: ranked, staff proceeded with negotiations, there were. no side-by-side comparisons of cost. The RFP process was based on the federal andl state requirements that agencies were not allowed to take cost into consideration, and award was based on the most City Manager Gill affirmed that' the two contract structure. of the recommendation was in Motion: M/S Detrick/Ly to adopt Resolution No. 2016-076 authorizing the City Manager to execute two professional services contracts with Willdan Engineering for provision of professional engineering services for the City of Elk Grove's Public Works Department. The motion passed by the following vote: Ayes: 5 (Davis, Ly, Detrick, Agenda Item No. 10.3: Introduce. and waive the full reading! by substitution of title only, an Ordinance of the City Council of the City of Elk Grove Amending Chapter 9.31 of the. Elk Grove Municipal Code to Prohibit Medical Marijuana Dispensary Delivery qualified firm part to being responsive to changes in federal and state regulations. Hume, and Suen); Noes: 0; Absent: 0. Within the City of Elk Grove (CEQA Exempt). RECOMMENDATION Introduce and' waive the full reading, by substitution of title only, an ordinance amending Chapter 9.31 of the Elk Grove Municipal Code to prohibit medical marijuana dispensary Jonathan Hobbs, City Attorney,. provided an overview of the staff report and recommended action. The City code prevented medical marijuana dispensaries and. medical marijuana cultivation within the City. New lavi came into effect as of the first of delivery within the City of Elk Grove (CEQA Exempt). Elk Grove City Council Regular Meeting, April 27,2 2016 Page 15;of.20 the year called the Medical Marijuana Regulation and Safety Act which expressly allows cities to prohibit commércial delivery of medical marijuana from other adjoining jurisdictions and cities. Dispensaries in other jurisdictions could have commercial delivery services to adjoining cities. The recommended action would prohibit such commerçial deliveries, the ordinance only addresses commercial delivery, it does not prohibit authorized medical marijuana users or their primary caregivers. from going to facilities outside' the City and returning with medical marijuana, that cannot. be prohibited as state law allowed such activity. PUBLIC COMMENT None: Motion: M/S Detrick/Hume to introduce and waive the full reading, by substitution of title only, Ordinance No. 09-2016 amending Chapter 9.31 of the Elk Grove Municipal Code to prohibit medical marijuana dispensary delivery within the City of Elk Grove (CEQA Exempt). The motion passed by the following vote: Ayes: 5 (Davis, Ly, Agenda Item No. 10.4: Consider introduction of an ordinance amending Section 3.42.090.A.1 (City: Manager Authority) and Section 3.42.100.B (Department Head Authority) of Elk Grove Municipal Code Chapter 3.42 (Contracts and Purchasing). Detrick, Hume, and Suen); Noes: 0; Absent: 0. RECOMMENDATION Introduce and waive the full reading, by substitution of title only, an ordinance amending Section 3.42.090.A.1 (City Manager Authority) and Section 3.42.100.B (Department Head Authority) of Elk. Grove Municipal Code Chapter 3.42 (Contracts and Purchasing). With the aid of an overhead presentation (filed), Joe Simone, Purchasing and Contracts Manager, provided an overview of the staff report and recommended action. The item was an update. to the purchasing ordinance concerning contract authorities. The existing contract authority held two provisions of a 10% limit to amend an initial contract amount for the. City Manager and a 25% limit to amend an initial contract amount for department head authority. There also existed a cumulative contract authority not to exceed a $55,000 for the City Manager and $31,250 for the department head authority. Under the current code an amendment of a small contract, though within the cumulative contract. authority of the City Manager, exceeded the allowed. amendment percentage (for example, a contract for $30,000 to be amended to $35,000 would. be under the. cumulative authority, however it would exceed the 10% authority). The proposed action streamlined the. contract process for efficiency removing the change order amendment authority tied to the percentage of the initial contract authority, but maintaining the not- to-exceed amounts. PUBLIC COMMENT None. Motion: M/S Detrick/Ly to introduce and waive. the full reading, by substitution of title only, Ordinance No. 10-2016 amending Section 3.42.090.A.1 (City Manager Authority) and Section 3.42.100.B (Department Head Authority) of Elk Grove Municipal Code Elk. Grove City Counçil Regular Meeting, April.27,2016 Pagé 16'of20 Chapter 3.42 (Contracts and Purchasing). The motion passediby the following vote: Agenda Item No. 10.5: Provide direction on possible revisions to the City's sign regulations and development of électronic changeable message signs at strategic Ayes: 5 (Davis, Ly, Detrick, Hume, and Suen); Noes: 0; Absént: 0. locations in the City. RECOMMENDATION necessary on two signage topics: message signs at key locations. Staff rècommends that the City Council receive this report and provide direction as 1. Revisions to the City's signage regulations to allow digital billboard signs; and 2. Establishing a Capital Improvement Program project to construct City digital With the aid of an overhead presentation (filed), Christopher Jordan, Assistant to the City Manager, provided an overview of the. staff report and recommended. action. The current City Code prohibited digital billboards with off-site messaging l'a advertising and the City Council requested to look at the potential to change that based on improved design and/or revenue potential those signs carry. Such a program could be pursued by leasing City owned land to an operator, or allowing such digital billboard signs on private property through an agreement process. Staff would include operating conditions through an agreement, including some portion of the advertising or displaced space to be available to advertise. City events and messaging, and identify other benefits such as revenue sharing components. In terrns of the summary of the analysis, the City did not own property suitable for leasing towards these types of signs, and much. of the property along major highways was owned by private individuals. The benefits the City may be able to derive were anticipated to be minimal from the market saturation that has occurred in the region for the last 5-10 years. The second part ofthe item addressed Changeable. Mèssage Signs (CMS), strategically placed signs that identify community events or activities and other aovisories oçcurring throughout the City. Digital CMS were considered as part of the wayfinding program presented in 2012, but ultimately removed from the project in 2014 due to cost implications. Mr. Jordan displayed examples of static and digital CMS programs in the region, and displayed the design of how static or digital CMS programs could have Cityl branding components. From a cost perspective, the static boards were less cost to the City to do the initial construction, about $25;000 per structure; but then there was an annual operating component to change out the boards. The digital option costs had price differences if using amber lights, or varying resolution full LCD panels with full color components, ranging in cost from $123,000 to $150,000 for a single sign installation. Operating costs on digital displays were reduced in terms of staff time, just, the utility cost of the electricity. If the City Council wanted to revisit a CMS program, staff had questions for consideration in terms of locations, how many signs, sign typé (static or digital), and Council Member Detrick believed there was an oversaturation point for freeway electronic signage. He supported the wayfinding signs and the original digital CMS program proposed to be positionéd at freèway entrances to the Çity. Mr. Detrick noted the northbound exit from Highway 99 and Elk Grove Boulevard lacked a wayfinding sign design. Elk Grove City Council Régular Meeting, April 27, 2016 Page 17of20 directional sign to Elk Grove Regional Park, and he believed that would be an optimal Public Works Director Murdoch responded staff would look into that location to include. location for such signage. under the wayfinding sign program. PUBLIC'COMMENT None. Council Member Hume. supported a static CMS pilot program, but opposed a digital Council Member Detrick and Mayor Davis were. not in favor of a static CMS program, The City Council received the report and provided direction to review digital freeway billboards on a case by case basis when brought forward by project applicants, and to consider a pilot program to locate a static Changeable Message Sign at a high traffic volume location to advertise events and activities in the City, and include the pilot Agenda Item No. 10.6: Provide direction on establishment of a Hall of Fame program. Staff recommends City Council receive this report and information presented at the meeting and provide. direction on whether to establish a Hall of Fame program. With the. aid of an overhead presentation (filed), Kara Reddig, Deputy City Manager, provided an overview' of the staff report and recommended action. On March 9 the City Council requested staff return an item for discussion for creation of a Hall of Fame program as proposed by Elk Grove Community Connection. Staff evaluated the proposal, and while it was feasible, it could create overlap with some programs that were currently managed by the City. Ms. Reddig provided an overview of the Key to the City Program, thé Mayor's Volunteer Awards Program, the Disability Advisory Committee's Above. and Beyond Awards Program, and City Council recognitions including proclamations and certificates of appreçiation. The Hall of Fame was proposed with criteria requiring nominees be born or raised in the Elk Grove area and having attended a local high school, or consider the geographic boundary of the Cosumnes Community Services District (CCSD) or Elk Grove Unified School District. (EGUSD). The nominee would be recognized in their respective field and have sustained success during their careers as demonstrated by cumulative. statistics, awards, and longevity, represented themselves in. a professional manner with an ethical code of conduct, and candidates would be selected based on their achievements, professionalism, and character. The selection committee would consider factors such as influence in their respective. field, length and depth and the body of work essential qualifications, and individuals who never resided in the City may be nominated if they brought honor or distinction to the City, likewise the program would recognize. posthumous nominations as well. The fiscal impact was $1,700 annually to administer CMS program. preferring the digital displays. program in the upcoming Capital Improvement Program. RECOMMENDATION Elk Grove City Council Regular Meeting, April27,2016 Page, 18.of:20 the program, mostly printing, marketing, and making the awards, and would come out of the General Fund. PUBLIC COMMENT None. program. Vice Mayor Ly inquired what the physical manifestation would consist of for the awards Ms. Reddig stated. staff would evaluate current City facilities to determine the best public locations to place the recognitions, usually most areas would be lobbies or potentially Mayor Davis noted the State of California heid an annual event to honor recipients. He recommended building upon existing events like. the 4th. of July celebration. He also noted during Key to the City review a recognition committee could. recommend City Manager Gill noted the program could be. City run or operated by a non-profit organization, citing examples of non-profit organizations that often utilized Hall of Fame programs as fundraiser opportunities. The City could approach the Elk Grove Historical Society to see if it was interested in conducting the Hall of Fame Program, or partner with another entity (including that there was a model where a non-profit organization The City Council received and filed the report and provided. direction to coordinate efforts with the Elk Grove Historical Society to see if they would want to administer a Hall. of Fame Program for Elk Grove, with the potential for the Historical Society to use the event as a fundraising source, or partner in a similar fashionwith another interested Note: The Closed Session items were moved for consideration after the conclusion of the City Council Chamber. nominees instead be reviewed under the. Hall of Fame Program. was created solely for a Hall of Fame program). entity. the regular agenda items. CLOSED SESSION There were no public requests to speak. adjourning to closed session at 9:25 p.m.: The City Clerk announced the following closed session items prior to the City Council A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant. to Government: Code S 54957 Title: City Attorney B) CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code S 54957.6 City Representative: Gary Davis, Mayor Unrepresented Employee: City Attorney unrepresented employee) ElkGrove City Council Regular Meeting, April 27,,2016 Page 19of,20 The City Council reconvened at 10:49 p.m. with all members present. Mayor Davis. announced that no reportable. action was taken in closed session. ADJOURNMENT With no additional business to conduçt, the April 27, 2016 City Council meeting was adjourned at 10:49 p.m, RAh JASON LINDGREN, CITY CLERK ATTEST: 30 STEVELY, PRESIDING OFFICER Elk Grove City Council Regular Meeting, April-2 27,2016 Page 200 of20