CITY OF ELK GROVE Incorporated July 1, 2000 MINUTES OF THE CITY COUNCIL Wednesday, November 13, 2013 REGULAR MEETING CALL TO ORDER/ROLL CALL Vice Mayor Detrick called the regular City Council meeting of November 13, 2013 to order at 6:00 p.m. Present: Absent: Vice Mayor Detrick and Council Members Cooper, Hume and Trigg. Mayor Davis. Council Member Cooper led the Pledge of Allegiance. Vice Mayor Detrick requested the meeting be adjourned in memory of Terry Fulton, pastor of the St. Maria Goretti Parish, and asked that a moment of silence be observed. Motion: M/S Hume/Cooper to approve the agenda as presented. The motion APPROVAL OF AGENDA passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Davis). CLOSED SESSION None. PRESENTATIONS/ANNOUNCEMENTS 4.1 Vice Mayor Detrick presented a proclamation to Bobbi Singh-Allen declaring November 2013 as Sikh American Awareness and Appreciation Month. 4.2 Recognition presented to participating veterinarians Abel Pet Clinic, Franklin Ranch Pet Hospital, and Kittel Family Veterinary Practice assisting City programs on World Rabies Prevention Day 2013. PUBLIC COMMENT Nikki Carpenter stated the Sphere of Influence (SOI) application was denied at the Sacramento Local Agency Formation Commission (LAFCo) hearing. She questioned statements made by the City justifying the need for the SOI to attract large business centers, noting there was the Southeast Policy Area (SEPA), and an apparent missed opportunity to attract the California State Board of Equalization offices to Elk Grove. She believed Item 8.19 should be pulled from the agenda and that the planning contract services of Pacific Municipal Consultants (PMC) be re-evaluated. She believed the City should focus on planning and development within the existing City boundaries such as the SEPA and the mall site, and stated she did not support current City economic development efforts, pursuit of a major league soccer stadium, or the amusement water park element of the aquatic center. Elk Grove City Council Page 1of10 Regular Meeting, November 13,2013 of the Lions Club "tri-tip to go" dinner, and the Elk Grove Food Bank Services annual turkey drive and coat drive. CONSENT CALENDAR ITEMS PUBLIC COMMENT Michael Monasky requested the economic development report under Item 8.5 be pulled for separate discussion. He expressed criticisms of the City's approach to economic development, and believed other strategies should be pursued to improve conditions for Curt Lock, representing Clean Harbors Environmental Services, Inc., voiced support for Item 8.17, and noted the company looked forward to the opportunity to provide services to the residents of Elk Grove through the Household Hazardous Waste facility. Nikki Carpenter requested Item 8.19 be pulled for separate discussion, raising concerns over amount for services charged, a contract condition that apparently instructed PMC employees to not communicate to citizens, and that the current contract with PMC did Michael Monasky addressed Item 8.19, believing that with the denial of the SOI application that the City should reevaluate its relationship with PMC. He believed the City should not contract for planning services, and should create its own planning By consensus, the City Council agreed keeping Items 8.5 and 8.19 on the consent calendar, but requested a regular item be returned at a future date to discuss general City Manager Gill noted an update of the 2010 market study was currently being conducted and would be part of the requested economic development discussion. She addressed the City's involvement with the potential Board of Equalization move, noting two proposals from Elk Grove had been submitted, and the City had pledged its support ifone of the proposals prevailed to facilitate locating such facilities in Elk Grove. City Attorney Jonathan Hobbs addressed that the provision in the PMC contract about communications, noting it was added as a result of federal requirements that the consultant shall not comment publicly to the press or any other media regarding that actual contract, or actions on the contract. There was no suppression order to stop communication about projects, PMC staff would continue to speak and communicate Motion: M/S Hume/Cooper to approve the Consent Calendar as presented. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Davis). employment and economic development in the City. not expire until spring 2014. department. economic development strategy. with the media and public about City projects. Elk Grove City Council Page 30f10 Regular Meeting, November 13,2 2013 Agenda Item No. 8.12: Resolution No. 2013-216 adopted accepting the Emerald Park Drive Storm Drain Improvements Project as complete and authorizing the City Engineer to prepare and the City Clerk to file the Notice of Completion with the Agenda Item No. 8.13: Resolution No. 2013-217 adopted authorizing the City Manager to execute a Cooperative Agreement with the State of California Department of Transportation for the Hood-Franklin Road / Interstate 5 Interchange as part of the Kammerer Road Extension - Lent Ranch to Hood-Franklin Project (PT060A) Agenda Item No. 8.14: Resolution No. 2013-218 adopted authorizing the City Manager to execute a consultant contract amendment with Psomas for the Elk Grove Boulevard /S State Route 99 Interchange Modification Project (PT055A) in the amount of Agenda Item No. 8.15: Resolution No. 2013-219 adopted authorizing the City Manager to execute a construction contract with Sierra National Construction, Inc. for the Elk Grove-Florin Road and East Stockton Boulevard Intersection Realignment Project (PT0085) in the amount of $624,820 and authorizing the City Engineer to approve change orders not-to-exceed $93,723; and authorizing the City Manager to execute a construction contract with the second lowest bidder if the first lowest bidder Agenda Item No. 8.16: Resolution No. 2013-220 adopted authorizing the City Manager to execute the Cooperative Agreement with the Cosumnes Community Services District to compensate the City for engineering and project management services associated with the study, analysis and design for a solution to the Camden Agenda Item No. 8.17: Resolution No. 2013-221 adopted authorizing the City Manager to execute a Professional Services Contract with Clean Harbors Environmental Services, Inc. to provide On-Site Hazardous Waste Management Services and Transportation and Disposal Services for Waste Collected at the Special Waste Collection Center for a period of three years with one optional three-year Agenda Item No. 8.18: Resolution No. 2013-222 adopted authorizing the City Manager to execute agreements between the City of Elk Grove and the City of Sacramento, City of Rancho Cordova, and the County of Sacramento for the payment Agenda Item No. 8.19: Resolution No. 2013-223 adopted authorizing the City Manager to execute a contract amendment with Pacific Municipal Consultants (PMC) for Planning Services exercising a one-year extension option, adding federal regulatory requirements, establishing a fixed compensation fee for reviewing development applications, providing for additional staff classifications, and other contract revisions Sacramento County Recorder $30,400 [for a total compensation amount not-to-exceed $1,015,400] does not meet filing obligations Lake weir in an amount not to exceed $70,000 extension for an amount not-to-exceed $2,825,200 of household hazardous waste disposal costs Elk Grove City Council Page 5of10 Regular Meeting, November 13,2013 Motion #1: M/S Hume/Cooper to introduce and waive the full reading, by substitution of title only, Ordinance No. 24-2013 canceling the Development Agreement between the City and Pulte Home Corporation. The motion passed by the following vote: Motion #2: M/S Hume/Cooper to introduce and waive the full reading, by substitution of title only, Ordinance No. 25-2013 canceling the Development Agreement between the City and Reynen and Bardis Communities (Laguna Ridge), LP. The motion Agenda Item No. 9.2: A public hearing to consider 1) adopting a 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; 2) adopting a resolution declaring results of the special election for annexation to Community Facilities District No. 2006-1 (Maintenance Services); and 3) introducing and waiving the full reading, by substitution of title only, an ordinance levying and apportioning the special tax in the twenty-sixth annexation to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 26) Ayes: 4; Noes: 0; Absent: 1 (Davis). passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Davis). RECOMMENDATION: 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. 2) (Following tabulation and certification of ballot results by the City Clerk) Adopt resolution declaring the results of the special election held on November 13, 2013 for the twenty-sixth annexation to Community Facilities District No. 2006-1 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. 26 and amending Elk Nathan Bagwill, Finance Analyst, provided an overview of the staff report and 2006-1 (Maintenance Services) to the qualified electors; (Maintenance Services); and Grove Municipal Code Section 3.19.010 recommendation. Vice Mayor Detrick declared the public hearing open. PUBLIC COMMENT: None. Vice Mayor Detrick declared the public hearing closed. Motion #1: M/S Hume/Cooper to adopt Resolution No. 2013-224 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; Noes: 0; Absent: 1 (Davis). Elk Grove City Council Page 7of10 Regular Meeting, November 13, 2013 Vice Mayor Detrick declared the public hearing open. PUBLIC COMMENT: None. Vice Mayor Detrick declared the public hearing closed. Integrated Waste Program Manager Cedar Kehoe noted that currently approximately 100 City CESQGS utilized the City of Sacramento's facilities, and in addition to serving those local entities through this program, it was anticipated CESQGS in other Motion: M/S Cooper/Hume to adopt Resolution No. 2013-226 setting fees to be collected from Conditionally Exempt Small Quantity Generator businesses who utilize the City of Elk Grove Special Waste Collection Center. The motion passed by the jurisdictions would also utilize the SWCC facility. following vote: Ayes: 4; Noes: 0; Absent: 1 (Davis). REGULAR AGENDA ACTION TENS/RECOMMENDATONS Agenda Item No. 10.1: Consider adoption of an ordinance of the City Council of Elk Grove to amend the contract between the City of Elk Grove and the Board of Administration of the California Public Employees' Retirement System (CalPERS) as allowed in Section 20516 of the Public Employees' Retirement Law (Employees Sharing Additional Cost), to allow all local police members in the Police Managers Association to pay three percent (3%) of the employer's contribution to the retirement benefit as designated by CalPERS (Second Reading) RECOMMENDATION: Adopt Ordinance No. 20-2013 authorizing an amendment to the contract between the City Council of the City of Elk Grove and the Board of Administration of the California Laura Brunson, Human Resources Director, provided an overview of the staff report and Public Employees' Retirement System (Second Reading) recommendation. PUBLIC COMMENT: None. Motion: M/S Hume/Trigg adopting Ordinance No. 20-2013 authorizing an amendment to the contract between the City Council of the City of Elk Grove and the Board of Administration of the California Public Employees' Retirement System. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Davis). Agenda Item No. 10.2: Consider a resolution supporting Senate Bill 727 (Jackson) and approving placement of a pharmaceutical wastes collection kiosk in 8400 Laguna Palms Way lobby and pharmacies located within the City of Elk Grove Elk Grove City Council Page 90 of10 Regular Meeting, November 13, 2013