CITY OF ELK GROVE Incorporated. July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, July 24, 2013  CALL TO ORDER/ROLL CALL  Mayor Davis called the regular City Council meeting of July 24, 2013 to order at  6:03 p.m. Present: Absent:  Mayor Davis, Vice Mayor Detrick and Council Members Cooper, Hume  and Trigg. None.  Council Member Hume led the Pledge of Allegiance. Mayor Davis asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Detrick/Cooper to approve the agenda as presented. The motion  passed by the following vote: Ayes: 5; Noes: 0.  CLOSED SESSION None.  PRESENTATIONS/ANNOUNCEMENTS  4.1 Jim Ramsey, Risk Analyst, announced the opening of the nomination period for 4.2 Mayor Davis presented a proclamation to the City of Elk Grove Multicultural Committee declaring August 24 August 30, 2013 as Cultural Diversity  the 7th Annual Above and Beyond Program Accessibility Awards  Awareness Week  Vice Mayor Detrick inquired about the addition of booths for elected officials at the Multicultural Festival event, as he held conçerns that political campaign booths would Orlando Fuentes, Chair of the Multicultural Committee, stated the committee didn't want general campaigning, but chose to allow booths for elected officials to conduct community outreach and highlight services available. The availability of such booths was promoted using social media and the Multicultural Committee website, and to date  be a detractor to the event.  a few elected officials had expressed interest in having a booth.  Elk Grove City Council Reguiar Meeting, July24, 2013 Page 1 of10    Vice Mayor Detrick received City Council consensus to review such a policy for approval, and raised his concerns that such a policy was enacted but not vetted through the City Council. He also felt that availability of the program did not appear to have  been announced or advertised equitably.  PUBLIC COMMENT  Nikki Carpenter addressed the Sphere of Influence (SOI) application believing there was a lack of analysis regarding water sources, and expressed her general opposition to projects requesting amendments to the General Plan which she felt only served the Lynn Wheat believed too many decisions of the City were to the benefit, or relieved obligations, of development interests, resulting in compromised or unfinished projects to  interests of developers, and not the community.  the detriment of the community.  GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the July 24, 2013 Administrative Report (filed). COUNCIL COAMEMIE/REPCAIBIRIURE AGENDA ITEMS  Council Member Cooper attended the Sacramento Regional County Sanitation District Vice Mayor Detrick attended the Audit Committee meeting, which provided follow-up on the Transit and Police Department audits, which had recommendations in the process Council Member Hume attended the Sacramento Regional County Sanitation District Board of Directors meeting and the Audit Committee meeting. He attended the Sacramento Regional Transit District (RT) Board meeting which discussed the percentage trigger thresholds to service changes to routes. Mr. Hume clarified his vote on the Dignity Health hospital campus at the July 20, 2013 regular meeting held no conflict of interest as his wife had already tendered her resignation from the Mercy Council Member Trigg attended the State Fair, and commended the presence of Elk Grove residents in competing in the numerous showcases and events at the fair. Mayor Davis announced events would be held throughout the community on National Night Out on August 6. He encouraged residents to utilize the City mobile application,  Board of Directors meeting.  of being implemented.  Foundation prior to that meeting.  and to use the mobile app to report code enforcement issues.  Elk Grove City Council Regular Meeting, July: 24, 2013 Page 2of10    CONSENT CALENDAR ITEMS PUBLIC COMMENT  Mike Monasky addressed Items 8.2, 8.16, and 8.20. Regarding Item 8.2 he inquired about various payments, believing they should not be paid until more information was provided. He noted prices for motorcycle maintenance and parts seemed excessive, and requested clarification on line item costs listed as 20 golf cart rentals and a purchase for staff t-shirts. Regarding Item 8.16 he wanted to see a competitive bidding process implemented for the purchase of three natural gas buses. Regarding Item 8.20 Motion: M/S Cooper/Hume to approve the Consent Calendar as presented. The  he felt the City Manager should not receive a salary increase. motion passed by the following vote: Ayes: 5; Noes: 0. Agenda Item No. 8.1: Received June 2013 Treasurer's Report  Agenda Item No. 8.2: Received Automatic Clearing House Nos. 7174 through 7291 dated June 1, 2013 through June 30, 2013, General Warrant Nos. 72974 through Agenda Item No. 8.3: Approved City Council Special Meeting Minutes of June 12, 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 Agenda Item No. 8.5: Received report on Requests for Proposals, Qualifications, and Agenda Item No. 8.6: Adopted Ordinance No. 11-2013 approving a rezone from RD- 30 (High Density Residential) to SC (Shopping Center) for the Laguna Town Center Rezone Project (EG-13-029); Assessor Parcel Number 132-2120-009 (Second Agenda Item No. 8.7: Received the Economic Development Program Quarterly Agenda Item No. 8.8: Resolution No. 2013-130 adopted establishing a records Agenda Item No. 8.9: Resolution No. 2013-131 adopted authorizing the City Manager to submit a grant application to the U.S. Department of Justice for the purchase of police in-car radios and execute all documents necessary to receive $42,123 in eligible grant funding and amending the Police Department's Fiscal Year 2013-14 Budget  73481, and Electronic Fund Transfer Nos. 2013198 through 2013212  2013  Purchasing, filed through July 17, 2013  Bids  Reading)  Update on activities for the Second Quarter of 2013  retention policy for the Police and Fleet and Facilities Departments  Elk Grove City Council Regular Meeting, July: 24,2013 Page 3of10    Agenda Item No. 8.10: Resolution No. 2013-132 adopted dispensing with the formal bidding requirements per Elk Grove Municipal Code Section 3.42.180(B)(3) and authorizing the City Manager to execute a contract with Performance Automotive Group Inc., a California corporation doing business as Elk Grove Ford for the purchase of seven replacement pursuit rated Ford Police Interceptor Utility Vehicles and three replacement Ford sedan vehicles in an amount not-to-exceed $307,000 with an option to purchase an additional three vehicles for a total contract amount not-to-exceed Agenda Item No. 8.11: Resolution No. 2013-133 adopted declaring the City of Elk Grove's 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. 24); and Resolution No. 2013-134 adopted declaring the City of Elk Grove's intention to levy Agenda Item No. 8.12: Resolution No. 2013-135 adopted accepting the 9716 Waterman Road Accessibility improvements Project (WAC004) as complete and authorizing the City Engineer to prepare and the City Clerk to file the Notice of Agenda Item No. 8.13: Resolution No. 2013-136 adopted approving Subdivision No. 02-353 and 04-589, Lakemont 8 and 25 Final Map and authorizing the City Manager to Agenda Item No. 8.14: Resolution No. 2013-137 adopted approving the Final Map for Agenda Item No. 8.15: Resolution No. 2013-138 adopted authorizing the City Manager to execute a construction contract with Teichert Construction for the Elk Grove Boulevard / State Route 99 Interchange Modification Project (PT0055) in the amount of $5,717,869 and authorizing the City Engineer to approve change orders not-to-exceed Agenda Item No. 8.16: Resolution No. 2013-139 adopted dispensing with competitive bidding and authorizing the City Manager to purchase three 40' compressed natural gas (CNG) transit buses from New Flyer of America Inc. in an amount not-to-exceed $1.6 Agenda Item No. 8.17: Resolution No. 2013-140 adopted authorizing the City Manager to execute the first amendment to Republic Services, Inc. Franchise Agreement for Residential Refuse and Sharps, Collection and Transportation to Disposal Facilities, and Recyclables, Green Waste and e-Waste Collection, Agenda Item No. 8.18: Resolution No. 2013-141 adopted approving and confirming the report of delinquent public nuisance abatement costs and requesting Sacramento  $404,000  assessments for Street Maintenance District No. 1, Zone 5-D  Completion with the Sacramento County Recorder  Execute the Subdivision Improvement Agreement Subdivision No. 10-016, N.J. Wilson Estates  $746,021  million through a cooperative purchasing agreement  Transportation, Processing and Marketing  County to collect such charges on the Fiscal Year 2013-14 Tax Roll  EIK Grove City Council Regular Meeting, July: 24,2013 Page 40 of10    Agenda Item No. 8.19: Resolution No. 2013-142 adopted ratifying the Memorandum of Understanding between the City of Elk Grove and the Elk Grove Police Managers' Agenda Item No. 8.20: Resolution No. 2013-143 adopted authorizing the Mayor to execute Amendment No. 3 to the Employment Agreement with Laura S. Gill for the  Association, effective July 1, 2013 through June 30, 2015  position of City Manager to provide a salary increase  PUBLIC HEARINGS  Agenda Item No. 9.1: A public hearing to consider approving Amendment No. 1t to the 2013-14 Community Development Block Grant (CDBG) Action Plan and amend the Fiscal Year 2013-14 Budget for the CDBG fund for both revenue and expense to  $1,475,778 RECOMMENDATION:  Adopt resolution approving the adoption of Amendment No. 1 to the 2013-14 CDBG Action Plan and amending the Fiscal Year 2013-14 Budget for the CDBG Fund for both With the aid of an overhead presentation (filed), Sarah Bontrager, Housing Program Manager, provided an overview of the staff report and recommendation. The 2013-14 CDBG allocations were originally planned for a 5% decrease in funding at $646,000 due to uncertainties of the federal budget. The City received over $762,000, and combined with the need to reallocate funds of projects that did not come to fruition, a total of $246,000 was available for allocation. Staff proposed to start offering a Small Business Loan Program, and allocate increases to specific projects and to services to nonprofits  revenue and expenditures to $1,475,778  identified in the staff recommendation. Mayor Davis declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Davis declared the public hearing closed.  Motion: M/S Detrick/Hume to adopt Resolution No. 2013-144 approving the adoption of Amendment No. 1 to the 2013-14 CDBG Action Plan and amending the Fiscal Year 2013-14 Budget for the CDBG Fund for both revenue and expenditures to $1,475,778. Agenda Item No. 9.2: A public hearing to present to City Council for approval the Report of Delinquent Solid Waste and Storm Drain Utility Charges and proposing their  The motion passed by the following vote: Ayes: 5; Noes: 0.  collection on the tax roll RECOMMENDATION:  Adopt resolution approving and confirming the report of delinquent utility charges and authorizing the Finance Director to take necessary actions to effectuate the levy of  Elk Grove City Council Regular Meeting, July 24,2013 Page 50 of10    delinquent charges and requesting Sacramento County to collect such charges on the Andrew Keys, Accounting Manager, presented an overview of the staff report and recommendation. He stated 6,000 notices had been sent out consisting of over $716,000 of delinquent accounts. As of July 17 about 2,800 accounts remained equating to $385,000 in outstanding delinquencies. All the charges would be past due by 60 days or greater when plaçed on the tax roll. This year the numbers increased for the number of notices sent due to a policy change in criteria staff initiated, lowering the Inr reply to Vice Mayor Detrick, Mr. Keys stated that if the criteria were raised to a threshold of $100 or more due, based on July 17 numbers the number of accounts would reduce to 1,229 accounts representing $280,000. Such a threshold change in the policy would capture most accounts delinquent for two billing cycles for more, but there still existed some accounts with smaller monthly bills that would take longer to exceed such a threshoid. Mr. Keys recommended if a policy change to the threshold was desired to set it at two billing cycles rather than a set dollar amount (to account for  Fiscal Year 2013-14 tax roll.  threshold amount in order to be secure revenue collection.  the lower monthly payment accounts). Mayor Davis declared the public hearing open.  PUBLIC COMMENT:  Joe Sanchez stated he had received a letter from the City that he owed money for delinquent solid waste and storm drain utility charges, but stated he had not lived in the house for over a year, and the property was now owned by third party. The current company owning the property had placed it up for sale, and had informed him he had no further payments to make regarding the property, but there was still some outstanding issue of ownership as he had received the notice for the delinquent account charges.  Mayor Davis declared the public hearing closed.  Mr. Keys noted if the house had been vacant the City offered a service interruption program that may apply, and Mr. Sanchez's account would be reviewed by City staff to Motion: M/S Detrick/Hume to adopt Resolution No. 2013-145 approving and confirming the report of delinquent utility charges and authorizing the Finance Director to take necessary actions to effectuate the levy of delinquent charges and requesting Sacramento County to collect such charges on the Fiscal Year 2013-14 tax roll as amended to only include accounts delinquent for two cycles or more. The motion  see what options were available to address the delinquent charges.  passed by the following vote: Ayes: 5; Noes: 0.  REGULAR AGENDA ACTION TEMS/RECOMMENDATIONS  Agenda Item No. 10.1: Consider resolution finding that no further environmental review is required for the Storybook Woods Park Project (WCE003); amending the Fiscal Year (FY) 2013-14 Budget and FY 2013-18 Capital Improvement Program by  Elk Grove City Council Regular Meeting, July 24, 2013 Page 6 of10    $309,726; authorizing the City Manager to execute a construction contract with Olympic Land Construction in the amount of $1,099,726; and authorizing the City Engineer to  approve change orders not-to-exceed $50,000  RECOMMENDATION:  Adopt resolution: 1) Finding that no further environmental review is required under the California Environmental Quality Act (CEQA) for the Storybook Woods Park Project; 2)Amending the FY2013-14 Budget and FY 2013-18 Capital Improvement Program for the Storybook Woods Park Project to increase project funding by $309,726; and 3) Authorizing the City Manager to execute a construction contract with Olympic Land Construction for the Storybook Woods Park Project in the amount of $1,099,726 and authorizing the City Engineer to approve change orders not-to-exceed $50,000. The City Council can consider options including rejecting all bids submitted and redesigning the project within the existing budget, or award the base bid with variations of the total With the aid of an overhead presentation (filed), Rick Carter, Capital Program Manager, presented an overview of the staff report and recommendation. The City partnered with the Cosumnes Community Services District (CCSD) on park design and construction. Originally the park was designed by Pulte Home Corporation prior to creation of the Laguna Ridge fee program, and the overall details of the park were well publicized as part of the sale of the homes in the area. As part of the fee program, the City took over ownership for delivery of the park, subsequently paying for the design work done to date. The design exceeded the budget established for the park under the fee program, due mostly to the many custom features and requirements for revised design work for the construction specifications to comply with public contract code. Staff held concerns over total project cost when it was put out to bid, and requested bid alternates based on delivering portions of the overall park design. Storybook Woods Park would be the first park built from the Laguna Ridge park fee program that totaled $53 million, and the added cost currently proposed for this project under the requested budget amendment Paul Mewton, Chief of Planning, Design & Construction for CCSD stated community outreach had been conducted to discuss the history and changes of the park delivery, noting attendees understood the situation and expressed agreement with the final design. The project had been originally bid in 2006, and since that time the CCSD had experienced rising prices for park construction, with the current bids received higher than expected. Mr. Mewton noted the goal of the delivery of the park was to work with an existing design, retain some customized elements, and construct a park as close to Inr reply to Council Member Hume, Mr. Carter stated $1.5 million in the park fee program was yet to be allocated to a specific park, so funds existed to cover this overage, but it likely would push out and shift the time line for delivery of future parks in the area. Mr. Mewton noted there was a park naming funding program under the CCSD Legacy Foundation, but that program did not apply to new park development, it was utilized for parks designed and constructed in collaboration with community volunteer groups, such as the Pirate's Island Playground project being considered in Elk Grove Regional Park.  add alternate options.  was less than one percent of the total budget under the program.  expectations of what was advertised to the public.  Eik Grove City Council Regular Meeting, July: 24, 2013 Page 7of10    PUBLIC COMMENT: None.  Motion: M/S Detrick/Trigg to adopt Resolution No. 2013-146: 1) Finding that no further environmental review is required under the California Environmental Quality Act (CEQA) for the Storybook Woods Park Project; 2) Amending the FY 2013-14 Budget and FY 2013-18 Capital Improvement Program for the Storybook Woods Park Project to increase project funding by $309,726; and 3) Authorizing the City Manager to execute a construction contract with Olympic Land Construction for the Storybook Woods Park Project in the amount of $1,099,726 and authorizing the City Engineer to approve change orders not-to-exceed $50,000.The motion passed by the following vote: Agenda Item No. 10.2: Consider resolution ordering the collection of delinquent special taxes in Community Facilities District 2005-1 (Laguna Ridge) by Action to Foreclose the Lien of Special Tax and the waiving of interest and penalties due on the  Ayes: 5; Noes: 0.  special taxes in Laguna Ridge for a delinquent property  RECOMMENDATION:  Adopt resolution ordering the collection of delinquent 2012-13 special taxes in Community Facilities District 2005-1 (Laguna Ridge) by Action to Foreclose the Lien of Special Tax and the waiving of interest and penalties due on the special taxes in Andrew Keys, Accounting Manager, presented an overview of the staff report. The developers had requested at the July 10, 2013 meeting along with their rezone a waiver request of fees and penalties be brought back in order to facilitate payment of the principal value, noting they did not own the property when the taxes were not paid.  Laguna Ridge for Assessor Parcel Number (APN) 132-2120-009-0000  PUBLIC COMMENT:  Lynn Wheat opposed waiving the fee, believing the developers likely saved on land price and had prior knowledge of what would be owed on the property to the City. She felt that refunding the penalties accrued would reduce parks and amenities delivered Council Member Hume stated the penalties were accrued by a previous owner, and whether the current owners were aware of those penalties at the time of purchase, that itwould be judicious to waive the fees to facilitate payment of the principal value. Motion: M/S Hume/Cooper to adopt Resolution No. 2013-147 ordering the collection of delinquent 2012-13 special taxes in Community Facilities District 2005-1 (Laguna Ridge) by Action to Foreclose the Lien of Special Tax and the waiving of interest and penalties due on the special taxes in Laguna Ridge for Assessor Parcel Number (APN) 132-2120-009-0000. The motion passed by the following vote: Ayes: 5; Noes: 0.  through the program.  Elk Grove City Council Regular Meeting, July: 24, 2013 Page 8of10    Agenda Item No. 10.3: Consider introduction of an ordinance amending sections of Elk Grove Municipal Code Chapter 4.04 relating to conditions on Solicitation Licenses  and Permits RECOMMENDATION: Licenses and Permits.  Introduce and waive the full reading, by substitution of title only, an ordinance amending sections of Elk Grove Municipal Code Chapter 4.04 relating to Conditions on Solicitation Shane Diller, Code Enforcement Manager, presented an overview of the staff report. A resident relayed a negative experience with solicitor late at night back in February 2013. Staff met with representatives of the Elk Grove Chamber of Commerce and the Sacramento Association of Realtors, and the Police Department performed outreach to the community through neighborhood watch groups. The new proposal would alter soliciting times allowed from 9:00 a.m. to 6:00 p.m. in the months of November, December, January, and February, and from 9:00 a.m. To 7:00 p.m. in the other months  of the year, with a goal to ensure soliciting wasn't occurring after dark.  PUBLIC COMMENT: None.  City Attorney Jonathan Hobbs noted the supplemental staff memo (filed) identifying a Motion: M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 12-2013 amending sections of Elk Grove Municipal Code Chapter 4.04 relating to conditions on Solicitation Licenses and Permits. The motion Agenda Item No. 10.4: Consider designation of voting delegate and alternate(s) to the  typographical correction to the language of the ordinance.  passed by the following vote: Ayes: 5; Noes: 0. 2013 League of California Cities Annual Conference  RECOMMENDATION:  Appoint a voting delegate and alternate delegate(s) to represent the City of Elk Grove at the 2013 League of California Cities Annual Conference business meeting.  The verbal staff report was waived. PUBLIC COMMENT: None.  Motion: M/S Hume/Detrick to appoint Vice Mayor Detrick as the delegate and Council Member Hume as the alternate to represent the City of Elk Grove at the 2013 League of California Cities Annual Conference business meeting. The motion passed by the  following vote: Ayes: 5; Noes: 0.  Elk Grove City Council Regular Meeting, July 24, 2013 Page 90 of1 10    ADJOURNMENT  With no additional business to conduct, the July 24, 2013 regular City Council meeting  was adjourned at 7:27 p.m.  LDL AKNUNIGRENETYCERX  ATTEST:  GARY DAVISMAYOR  2  Elk Grove City Council Regular Meeting, July: 24, 2013 Page 10of10