CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL  SPECIAL MEETING Thursday, April 26, 2012  CALL TO ORDER/ROLL CALL  Mayor Cooper called the special City Council meeting of April 26, 2012 to order at  5:00 p.m. Present: Absent:  Mayor Cooper, Vice Mayor Hume, Council Members Davis and  Detrick.  Council Member Scherman  APPROVAL OF AGENDA  Motion: M/S Davis/Hume to approve the agenda as presented. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1 (Scherman).  CLOSED SESSION  There were no public requests to speak. adjourning to closed session at 5:01 p.m.:  The City Clerk announced the following closed session items prior to Council  A) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED  LITIGATION:  Initiation of litigation pursuant to subdivision (c) of Government Code  $54956.9: One (1) Matter  The City Council reconvened the open session at 5:15 p.m. with Council Member Scherman absent. Mayor Cooper announced that no reportable action was taken  ino closed session. PUBLIC COMMENT  Jim Gillum, representing M & H Realty Partners, noted that the Development Agreement related to the regional mall precluded development around the mall area from commencing until progress points on the mall itself were triggered. He observed that retail segments in the market were showing positive movement, and M & H, as owners of 150 acres surrounding the regional mall, were reviewing  Elk Grove City Council Special Meeting, April 26, 2012 Page1of3    options to market the properties at the International Council of Shopping Centers Retail Real Estate Convention in late May. He requested if the City Council would provide direction if they were amenable to consider review of proposed changes to the Development Agreement, as would be presented by the parties to the Development Agreement, seeking to enable development in the project area prior to the triggering of currently required progress points on the regional mall. In reply to Vice Mayor Hume, Mr. Gillum noted that in his discussions with representatives of the Howard Hughes Corporation (owner of the regional mall site) that they believed activity in the area was good for the mall, and that they could be amenable to relaxing specified provisions of the Development Agreement. City Manager Laura Gill noted staff would return an item for consideration of the  matter at the regular meeting of May 9, 2012.  REGULAR AGENDA ACTION TEM/RECOMMENDATON  Agenda Item No. 5.1: Adopt resolution authorizing the City Manager to execute a construction contract with Bobo Construction, Inc. for the Special Waste Collection Center and Disposal Lane Project in an amount of $4,604,000; and authorizing the City Engineer to approve change orders in an amount not-to-exceed $691,000 Adopt resolution authorizing the City Manager to execute a construction contract with Bobo Construction, Inc. for the Special Waste Collection Center (SWCC) and Disposal Lane Project in an amount of $4,604,000; and authorizing the City Engineer to approve change orders in an amount not-to-exceed $691,000 for Rick Carter, Capital Program Manager, provided an overview of the staff report and recommendation. He noted the project was originally bid in March, and direction was provided to reject all bids. The item was re-bid April 17 with seven bids received. The two lowest bids were deemed non-responsive for failing to provide documentation of subcontractor information, those contractors had submitted bid protests, but staff maintained its award recommendation to Bobo Construction, Inc.  RECOMMENDATION:  additional project costs beyond the construction contract.  PUBLIC COMMENT:  Lynn Wheat believed this matter would be better addressed during a regular meeting, and use of special meetings, at the earlier start time of 5 p.m., was a difficult time for citizens to participate. She believed a 15% contingency for a project was excessive, suggesting a 5% amount, and raised concern as to how  costs were monitored for such contingency expenses.  Elk Grove City Council Special Meeting, April 26,2012 Page e20f3    Ken Schumaker, legal counsel representing Bobo Construction, Inc., voiced support Vice Mayor Hume addressed that the special meeting time was scheduled in advance back in March, due to the regular meeting of April 25 being cancelled, as council members would be attending the Cap to Cap trip in Washington D. C. At the time of scheduling the special meeting, it was noted that the requisite constraints of the construction season necessitated that the special meeting be called as soon as possible after the bid due date to not delay the project any further. Public Works Director Richard Shepard confirmed that the 15% contingency was a standard amount requested under City projects, and that the contingency approval authority was under the Public Works Director, often authorized for work required to Motion: M/S Davis/Detrick to adopt Resolution No. 2012-65 authorizing the City Manager to execute a construction contract with Bobo Construction, Inc. for the Special Waste Collection Center (SWCC) and Disposal Lane Project in an amount of $4,604,000; and authorizing the City Engineer to approve change orders in an amount not-to-exceed $691,000 for additional project costs beyond the construction contract. The motion passed by the following vote: Ayes: 4; Noes: 0; Absent: 1  for the staff recommendation.  finish a project that arose outside of the specification requirements.  (Scherman). ADJOURNMENT  With no additional business to conduct, the April 26, 2012 special City Council  meeting was adjourned at 5:26 p.m.  a  JASON LINDGRENDCITY CLERK  ATTEST: 4as  Crr MAYOR  Elk Grove City Council Special Meeting, April 26, 2012 Page3of3