CITY OF ELK GROVE Incorporated. July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, October 13, 2010  REGULAR MEETING  CALLT TO ORDER/ROLL CALL  Mayor Scherman called the regular City Council meeting of October 13, 2010 to  order at 6:08 p.m. Present: Absent:  Mayor Scherman, Vice Mayor Detrick, Council Members Cooper,  Davis and Hume. None.  Interim City Clerk Jason Lindgren led the Pledge of Allegiance. Mayor Scherman asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Detrick/Davis to approve the agenda as presented. The motion  passed by the following vote: Ayes: 5; Noes: 0.  CLOSED SESSION None.  PRESENTATIONS/ANNOUNCEMENTS  4.1 Council Member Hume presented a proclamation to the Elk Grove Disability Advisory Committee declaring October 2010 as Disability Awareness month. 4.2 Disability Advisory Committee Chair David Simpson and fellow Committee members recognized the Elk Grove Kiwanis Club, Rotary Club of Elk Grove, and Manveer "Manny" Garcha, recipients of the Committee's 4th Annual Above and  Beyond Program Accessibility Awards.  PUBLIC COMMENT  Elizabeth Stefanik voiced her opposition to the use of the generic term holiday tree" in City publications, and stated reasons for her preference that the City use the term "Christmas tree". She requested consideration of changing the term "holiday tree"  back to "Christmas tree".  Elk Grove City Council Regular Meeting. October 13, 2010 Pageiof27    City Manager Laura Gill noted an item to address such term use in City publications Christine Luman addressed concerns over the pending transit system hand-to-hand transfer program for Americans with Disabilities Act (ADA) passengers. To date, she was not aware of any information being disseminated to the riders, and she reported that she and other riders did not believe any such program had been negotiated with Paratransit Services. Ms. Luman requested a status update on the transfer program to reçeive what had been negotiated with Paratransit, and details on how the program was proposed to be operated in order for riders to plan accordingly during the transition to the new proposed transfer system. Transit System Manager Tiffani Fink noted flyers regarding the transfer program would be distributed the next day. She stated that discussions regarding the program were in process with the Sacramento Regional Transit District (RT), and as Paratranist was a contractor under RT, discussion of implementing the program would continue through RT. Ms. Fink affirmed that the program policy changes mainly affect operations for the City, and not Paratransit, and that the City was prepared to account for the additional time to provide responsiveness to customers Lynn Wheat shared that a meeting would be held October 26 at 6:30 p.m. to discuss the Sphere of Influence (SOI) application for the City of Elk Grove before the Sacramento Local Agency Formation Commission (LAFCo). Ms. Wheat noted LAFCO would be considering filing a Notice of Preparation initiating steps to receive information regarding the Environmental Impact Report that would be prepared in  was scheduled to come before the City Council at a future date.  upon program implementation.  relation to the City of Elk Grove SOI application. GENERAL ADMINISTRATIONINFORMATION  City Manager Laura Gill reviewed the October 13, 2010 Administrative Report Ms. Gill noted Jessica Jordan (née Jessica Shalamunec) would be leaving service from the City of Elk Grove to become the Planning Manager for Napa County. She  (filed).  noted Ms. Jordan had been with the City for seven years. COUNCIL COMMENTSFUTURE AGENDA ITEMS Council Member Cooper had nothing to report.  Council Member Hume reported he was unable to attend the Sacramento Regional Transit District (RT) Board meeting. The Capital SouthEast Connector Joint Powers Authority Board reviewed the process for the programmatic Environmental Impact Report (EIR), and Mr. Hume noted that the meetings that were conducted in the  Elk Grove City Council Regular Meeting. October 13, 2010 Page 2of27    Sheldon area had produced a proposal supported by the community for Council Member Davis attended a committee meeting of the Sacramento Area Council of Governments (SACOG) which discussed the impacts of recently released waste water treatment standards, and discussed the commencement of the public outreach process for the SACOG 2035 Metropolitan Transportation Plan (MTP) updates, noting an Elk Grove workshop on the MTP would be held Wednesday, October 20 from 6 p.m. to 9:00 p.m. at Elk Grove High School. He, along with Vice Mayor Detrick, attended meetings of the City of Elk Grove / Cosumnes Community Services District 2 X 2 subcommittee which discussed handling building compliance issues in Old Town, and creation of a coordinated trail management system. Mr. Davis reported going on a seven hour ride-along with Police Officer Casey Robinson, and commended Officer Robinson's representation Vice Mayor Detrick reported on the September 29 special meeting Child Protection/ Juvenile Sex Offender / Group Home Forum, noting attendees generated information and ideas to explore as options for the ad-hoc committee to pursue with legislative and regional public safety representatives. He attended the Sacramento Metropolitan Cable Television Commission Board meeting which discussed on- going support to provide high-speed internet cable to all elementary, middle, and high schools. Mr. Detrick reported the Audit Committee received an excellent, independent audit report of particular City operations, and he expressed his thanks Mayor Scherman hosted a City Hall tour for 3td Graders from St. Elizabeth Ann Seton Hall Elementary School. She attended the Sacramento Public Library Authority Board meeting which approved commencement of the public comment period on the agency's Conflict of Interest Code as required by the California Fair Political Practices Commission (FPPC), and attended the Child Protection Forum special City Council meeting. She attended the Elk Grove Economic Development Corporation (EGEDC) meeting where City Manager Gill reported on the City's proposed new business license processing procedure, and at the meeting the City requested an audit, which was received and would be scheduled by EGEDC staff. She attended the Mayor's Core Group in Rancho Cordova, along with City Manager Gill, and received a presentation by the Sacramento Regional County Sanitation District regarding regional water use and the Sacramento Delta, and received information that registration for animals was 20% down. She attended the Elk Grove Chamber of Commerce meeting where representatives of Frontier Communications provided an update of company advancements and latest equipment. She attended the Senior Center Special Board Meeting which accepted Therese Schultz's resignation, and commenced recruitment for the vacancy. She attended Old Town Foundation Board meetings which discussed parking, signs, and the Dickens Fair that would take place on Saturday, November 27. She attended the Northern  consideration under the programmatic EIR.  of the Elk Grove Police Department to the community.  to staff for propagating sound fiscal practices.  Elk Grove City Council Regular Meeting, October 13,2010 Page3of27    California Coordinators Conference comprised of professionals in the field of assisted living facilities. She noted she had met with the applicants regarding Items 10.3 and 10.4 on tonight's agenda. Mayor Scherman announced a clothing drive would be conducted by Elk Grove Adult Community Training (EGACT) Thursday, October 19 and Tuesday, October 28, and she emphasized the need for coats and  winter clothes donations. CONSENT CALENDAR ITEMS  Motion: M/S Hume/Davis to approve the Consent Calendar as presented. The  motion passed by the following vote: Ayes: 5; Noes: 0.  Agenda Item No. 8.1:  Received Automatic Clearing House Nos. 2124 through  2272 dated September 1, 2010 through September 30, 2010, General Warrant Nos. 54921 through 555688, and Electronic Fund Transfer Nos. 2011039 through  2011051  Agenda Item No. 8.2: Meeting Minutes Agenda Item No. 8.3:  Approved September 22, 2010 Special City Council Received report on City Manager approved purchases  and contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and  Purchasing, filed through October 6, 2010  Agenda Item No. 8.4: Qualifications, and Bids Agenda Item No. 8.5:  Received report on Requests for Proposals, Resolution No. 2010-205 accepting the Intelligent  Transportation Systems Phase 1C Project as complete and authorizing the City Engineer to prepare a Notice of Completion and the City Clerk to file the Notice of  Completion with the Sacramento County Recorder  Agenda Item No. 8.6:  Resolution No. 2010-206 authorizing the City Manager  to execute a construction contract with Hemington Landscape Services, Inc. in the amount of $78,219 for the Williamson Drive Sidewalk Improvements Project and authorizing the City Engineer to approve change orders not-to-exceed $23,500 to execute a construction contract with Watkin and Bortolussi, Inc., in the amount of $2,691,000 for the Grant Line Road / State Route 99 and Sheldon Road / State Route 99 Interchange Landscaping Projects and authorizing the City Engineer to  Agenda Item No. 8.7:  Resolution No. 2010-207 authorizing the City Manager  approve change orders not-to-exceed $403,650  Agenda Item No. 8.8:  Resolution No. 2010-208 finding the Library South Stair  Refurbishment Project exempt from CEQA, and directing the filing of a Notice of  Elk Grove City Council Regular Meeting, October 13,2010 Page 4of27    Exemption, authorizing the City Manager to execute a construction contract for an amount not-to-exceed $6,800 with M.C. White Construction and authorizing the City  Engineer to approve change orders not-to-exceed $2,000  Agenda Item No. 8.9: at 8978 Elk Grove Boulevard  Resolution No. 2010-209 authorizing the City Manager  to enter into a lease agreement with the Teen Center USA for use of the City facility Agenda Item No. 8.10: Resolution No. 2010-210 amending the Fiscal Year 2010-11 Budget to reappropriate Facility Reserve funds for the Police  Reorganization Tenant Improvement Project  PUBLIC HEARINGS Agenda Item No. 9.1:  A public hearing to consider: A) adoption of resolutions  calling an 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. 16); B) adoption of resolutions calling an election and declaring results of the special election for annexation to Community Facilities District No. 2003-1 (Poppy Ridge) and introduction of an ordinance levying and apportioning the special tax to the annexing area (Annexation No. 3); C) adoption of a resolution determining to levy street maintenance assessments for certain properties in the East Franklin Area which represents Annexation No. 2 into Street Maintenance District No. 1 - Zone 1A; and D) adoption of a resolution amending the Fiscal Year 2010-11 Budget to reflect additional revenue and offsetting expenses for these  annexations REÇOMMENDATION  A-1) Adopt resolution calling an election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District A-2) (Following tabulation and certification of ballot results by the Interim City Clerk) Adopt resolution declaring the results of the special election held on October 13, 2010 for the sixteenth annexation to Community Facilities District No. 2006-1 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. 2006-1 (Maintenance Services) Annexation No. 16; AND B-1) Adopt resolution calling an 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;  (Maintenance Services); and  No. 2003-1 (Poppy Ridge) to the qualified electors;  Elk Grove City Council Regular Meeting, October 13,2010 Page5of27    B-2) (Following tabulation and certification of ballot results by the Interim City Clerk) Adopt resolution declaring the results of the special election held on October 13, 2010 for the third annexation to Community Facilities District No. 2003-1 (Poppy 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 C) Conduct a public hearing on Supplement No. 2 to the Engineer's Report, the question of levying assessments within Street Maintenance District No. 1-Zone 1A and creating a subset of Zone 1t to be titled Street Maintenance District No. 1, Zone 1-A for certain property in the East Franklin Area pursuant to the Benefit Assessment Act of 1982. Following the close of the public hearing and tabulation of ballot results, staff recommends the adoption of a resolution determining to Levy Assessments in Street Maintenance District No. 1-Z Zone 1-A (Annexation 2); AND D) Adopt resolution amending the Fiscal Year 2010-11 Budget to reflect additional  Ridge); and  District No. 2003-1 (Poppy Ridge) Annexation No. 3; AND  revenue and offsetting expenses for these annexations.  The verbal staff report was waived.  Mayor Scherman declared the public hearing open for Community Facilities District  No. 2006-1 (Maintenance Services) Annexation No. 16.  PUBLIC COMMENT: None.  Mayor Scherman declared the public hearing closed.  Motion #A-1: M/S Davis/Detrick to adopt Resolution No. 2010-211 calling an 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: 5; Interim City Clerk Jason Lindgren announced that, of 314 possible votes, 314 affirmative votes were cast authorizing the City of Elk Grove to levy a special tax at the rate apportioned and described. He confirmed that the measure passed with more than two-thirds of all votes cast in the election in favor of the measure. Motion #A-2: M/S Davis/Detrick to adopt Resolution No. 2010-212 declaring the results of the special election held on October 13, 2010 for the sixteenth annexation  Noes: 0.  Elk Grove City Council Regular Meeting, October 13, 2010 Page 6of27    to Community Facilities District No. 2006-1 (Maintenance Services). The motion Motion #A-3: M/S Davis/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 22-2010 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) Annexation No. 16. The motion passed by the following Mayor Scherman declared the public hearing open for Community Facilities District  passed by the following vote: Ayes: 5; Noes: 0.  vote: Ayes: 5; Noes: 0.  No. 2003-1 (Poppy Ridge) Annexation No. 3.  PUBLIC COMMENT: None.  Mayor Scherman declared the public hearing closed.  Motion #B-1: M/S Davis/Detrick to adopt Resolution No. 2010-213 calling an election to submit the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2003-1 (Poppy Ridge) to the qualified electors. The motion passed by the following vote: Ayes: 5; Noes: 0. Interim City Clerk Lindgren announced that, of 314 possible votes, 314 affirmative votes were cast authorizing the City of Elk Grove to levy a special tax at the rate apportioned and described. He confirmed that the measure passed with more than Motion #B-2: M/S Davis/Detrick to adopt Resolution No. 2010-214 declaring the results of the special election held on October 13, 2010 for the third annexation to Community Facilities District No. 2003-1 (Poppy Ridge). The motion passed by Motion #B-3: M/S Davis/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 23-2010 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2003-1 (Poppy Ridge) Annexation No. 3. The motion passed by the following vote: Ayes: 5; Mayor Scherman declared the public hearing open for Street Maintenance District  two-thirds of all votes cast in the election in favor of the measure.  the following vote: Ayes: 5; Noes: 0.  Noes: 0.  No. 1- - Zone 1A (East Franklin Area). Annexation 2.  PUBLIC COMMENT: None.  Mayor Scherman declared the public hearing closed.  Eik Grove City Council Regular Meeting, October 13,2 2010 Page7of27    Interim City Clerk Lindgren announced that there was no majority protest. He reported that of one possible vote, one affirmative vote was returned. The ballot approved the proposed assessment and the proposed inflation adjustment limit Motion #C: M/S Davis/Detrick to adopt Resolution No. 2010-215 determining to Levy Assessments in Street Maintenance District No. 1 - Zone 1-A (Annexation 2). Motion #D: M/S Davis/Detrick to adopt Resoiution No. 2010-216 amending the Fiscal Year 2010-11 Budget to reflect additional revenue and offsetting expenses for these annexations. The motion passed by the following vote: Ayes: 5;  described for the parcels identified in the ballot.  The motion passed by the following vote: Ayes: 5; Noes: 0.  Noes: 0.  Agenda Item No. 9.2:  A public hearing to consider introduction of an  Ordinance repealing and reenacting various chapters of Title 16 of the Elk Grove Municipal Code relating to Building and Construction and adopting the 2010 Editions of the California: Administrative Code, Building Code, Plumbing Code, Electrical Code, Mechanical Code, Green Building Code and Residential Code Introduce and waive the full reading, by substitution of title only, an Ordinance amending Title 16 of the Elk Grove Municipal Code relating to buildings and construction and adopting by reference the 2010: California Administrative Code, California Building Code; California Residential Code; California Green Building Standards Code; California Plumbing Code; California Electrical Code; and Chief Building Official Richard Renfro noted the state conducts a triennial revision of its codes. With the action of the City adopting the state code revisions locally, prior tot the end of the year, it provided for greater local control as the City then would have the ability to amend the locally adopted state codes as local needs were  RECOMMENDATION  California Mechanical Code.  identified.  The remainder of the verbal staff report was waived. Mayor Scherman declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Scherman declared the public hearing closed.  Elk Grove City Council Regular Meeting, October 13,2 2010 Page 8 of27    Motion: M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 24-2010 amending Title 16 of the Elk Grove Municipal Code relating to buildings and construction and adopting by reference the 2010: California Administrative Code, California Building Code; California Residential Code; Califomia Green Building Standards Code; California Plumbing Code; California Electrical Code; and California Mechanical Code. The motion passed  by the following vote: Ayes: 5; Noes: 0.  Agenda Item No. 9.3:  Continue public hearing to October 27, 2010 to  consider an amendment to Section 8.1.4, Guiding Principles for Infrastructure and Public Facilities, and Table 8-1, Required On and Off-site Circulation Infrastructure,  ofthe Laguna Ridge Specific Plan RECOMMENDATION noticing.  Open the public hearing and continue it until October 27, 2010 to allow for additional  The verbal staff report was waived.  Mayor Scherman declared the public hearing open.  PUBLIC COMMENT: None.  Motion: M/S Davis/Detrick to continue Item 9.3 to the regular meeting of October 27,2010. The motion passed by the following vote: Ayes: 5; Noes: 0. REGULAR AGENDA ACTION TEMSRECOMMENDATONS  Agenda Item No. 10.1: Consider adopting a resolution or provide direction regarding a Pilot Program offering limited regional service to Sacramento for ADA-  certified e-van passengers RECOMMENDATION: passengers.  Adopt resolution or provide direction on a pilot program offering limited regional service to Sacramento for Americans with Disabilities Act (ADA)-certified e-van With the aid of an overhead presentation (filed), Tiffani Fink, Transit System Manager, provided an overview of the staff report and recommendation. Ms. Fink recalled from action to adopt service adjustments on August 27, limiting regional rides and implementing a transfer program, that the Council provided direction for staff to draft a pilot program to offer "cluster rides," a proposal to provide some level of service for residents traveling to regular regional destinations outside of Elk Grove. Three alternatives were offered: 1)continue the program as adopted August  Elk Grove City Council Regular Meeting. October 13,2010 Page9of27    27 but amend the e-van Trip Priority Assignment Policy to create a new second priority to give Americans with Disabilities Act (ADA) Unconditional and Conditional classified riders same-day service priority on commute routes, 2) offer "cluster ride" service utilizing deviated fixed route service, with two routes that would make a maximum number of two deviations, with drop-off locations based on e-van ridership trip patterns, or 3) resume previous door-to-door e-van services, but on a limited basis offered at limited time windows in the morning and afternoon, and potentially implementing a cap or lottery system on scheduled standing order rides In reply to Council Member Davis Ms. Fink stated Alternate 2 would capture the majority ridership of commuters to downtown Sacramento, those traveling to other destinations in the region would be required to transfer. Ms. Fink noted in reply to Vice Mayor Detrick that fare box recovery would increase under Alternates 2 and 3.  per user per month.  PUBLIC COMMENT:  Ted Clark stated that commuters heading to work needed access on a five day a week basis, not on an individual basis. Mr. Clark believed the Alternate 2 scenario would see increased delays with added deviations from the route to respond to requested rides, and expressed concern that passengers reliant on making transfers onto fixed route service for destinations beyond the deviation routes would be adversely affected by delays of either system. He expressed confusion over the price discrepancy under Alternate 3, which displayed an increase from two buses to three, but incurred an operational cost increase for the third additional bus that was almost twice the cost of the two-bus offering. He believed as of October 1 five busses were available, and now observed there were only three. Mr. Clark noted his concern that having a daily on-demand ride offering was not the issue, but rather to provide regular service that would reliably get employees to their place of work in a timely manner. Mr. Clark requested clarification on how many ADA riders were currently commuting into Sacramento in the morning hours that were non-medical Ms. Fink noted the proposed Alternate 3 scenario first sought to define if routes would only be offered to downtown Sacramento, or if regional trips would continue to be considered. Next, the proposed alternates considered if two or three busses in total should be offered for the selected route(s), and noted that, with only a fleet of nine vehicles, the City currently did not send five busses downtown, with the exception of busy, peak days. In relation to the cost increase, Ms. Fink clarified that not only was the increase of one bus, but also the increased hours of operation proposed with the additional bus. The cost for two busses to operate four hours was $202,000, and the cost for three busses to operate for six hours was $450,000. Under Alternate 2 she clarified that the deviated fixed route service would be capped at two deviations per trip. In addressing making connections between fixed route e-tran service and e-van, dispatchers would have more flexibility in  related trips.  Elk Grove City Council Regular Meeting, October 13,2010 Page 10of27    coordinating the two systems than making transfers between different regional transit service providers. Ms. Fink noted that on average there were two to three Council Member Davis voiced support for Alternative 2, and noted he did not agree that a priority should be adopted that would give preference to commuter trips over Mayor Scherman and Vice Mayor Detrick also voiced preference for Alternate 2. Council Member Cooper stated his reservation that the cost of $202,000 was of concern, and that the City currently was offering a higher level of service than other Motion: M/S Hume/Detrick providing direction approving Alternative 2 as a Pilot Program offering limited regional service for ADA-certified e-van passengers. The Agenda Item No. 10.2: Receive information on Sacramento Regional County Sanitation District's (SRCSD) new National Pollutant Discharge Elimination System (NPDES) Permit and associated fee increases, and ratify the City's letter of  riders on each e-van trip.  local rider trips, to which Council Member Hume agreed.  providers in the region.  motion passed by the following vote: Ayes: 5; Noes: 0.  opposition to the new NPDES permit requirements  RECOMMENDATION:  Receive information on SRCSD's new NPDES Permit and associated fee increases and ratify a letter of opposition of the new NPDES permit requirements being placed City Manager Laura Gill clarified that the motion called for ratifying a letter of opposition, but no letter was before the Council for consideration at this time. With the aid of an overhead presentation (filed), Stan Dean, District Engineer of the Sacramento Regional County Sanitation District (the District), provided an overview of the NPDES Permit, and the ramifications of the permit in infrastructure cost, the requisite increases to rates and impact fees, and overall effect on the local economy. The current treatment plant, serving much of the region and Elk Grove, treats to a secondary standard and then discharges the wastewater to the Sacramento River. Wastewater plants were issued a permit under the Clean Water Act, and the permit dictates the quality of the water that must be put back into the river. The permits were typically issued every five years, and recently the District received a draft of the permit which contained several new, required treatment processes. Mr. Dean stated many of the new treatment processes were driven by controversy in the Sacramento Delta, such as the decline of fish species in the Delta, and concern over water exports; but to date he did not believe the science supporting such conçerns had been fully verified. He believed the new treatment  on Sacramento Regional Sanitation District.  Elk Grove City Council Regular Meeting, October 13,2010 Page 11of27    processes were being proposed under a certain amount of fear and an overabundance of caution in reaction to what was happening in the Delta. Mr. Dean reviewed the new wastewater treatment processes which included: removal of all ammonia, removal of all nitrates, adding micro filtration, and changing the disinfection practice from a chlorine based system to an ultraviolet (UV) disinfection system. These additional requirements under the permit would require an The regional Water Quality Control Board that issued the permit was required to do a balancing test in examining environmental protection versus the social and economic costs. Mr. Dean did not believe the regional board had done an effective job of evaluating such a balance, as the costs to the Sacramento Region were disproportionate. He noted that operational costs to support the treatment facilities proposed under the permit would cost $77 million annually, where currently the entire budget of the District to operate its existing facilities was $90 million. He anticipated that monthly wastewater charges for homeowners in the region, currently estimated at $20, would increase to $50 or more, and he reviewed estimates of increases to impact fees, with as much of a factor of five times that than current fee costs for new homes and businesses. The permit was issued on September 3, and the opportunity to submit written comments to the regional board closed October 8. Mr. Dean stated the region put forth a good effort to submit comment letters, and the next event for comment opportunity would be a public hearing scheduled for early December. He urged all regional community members to use any connections to reach out and educate individuals about the significance and impact of this permit on the local economy, and to testify at the upcoming public hearing. He noted the web site www.sacdeltasolutions.com as a resource to provide background about events surrounding the Delta and how that has impacted Council Member Hume inquired about a tertiary treatment to use reclaimed effluent for landscape irrigation, and whether such a program, or other water re-use programs, could be implemented to alleviate the need for wastewater treatment. Mr. Dean noted a tertiary treatment plant was built over eight years ago, but in comparison the tertiary plant only provided approximately 5 million gallons a day, compared to the 81 million gallons treated per day through the wastewater plant, and subsequently was a small part of the total. He agreed with Mr. Hume that water re-use was potentially a key aspect of a total solution, but cautioned the solution was not necessarily cheaper as investment would be needed for infrastructure,  investment by the District of $2.06 billion.  the permit.  including a distribution system. PUBLIC COMMENT: None.  Elk Grove City Council Regular Meeting, October 13,2010 Page 12of27    City Manager Gill noted the City would monitor submitted comments, and see how the dialogue evolves in contrasting the local impacts versus whether there were state-wide benefits in protecting the Delta that would affect positions of legislators on the permit. The City would prepare impacts the region would face from an economic development standpoint, and could submit written comment, but it may not be accepted as the written comment period had ended. She noted any written comments or testimony may best be handled through the December public hearing. Agenda Item No. 10.3: Discussion of Affordable Housing Loan Program Guidelines, the Affordable Housing Loan Committee and associated policies  RECOMMENDATION:  Review and discuss the Affordable Housing Loan Program Guidelines and the timing of how loan applications are brought forth to City Council for review. Provide direction to staff to revise the original Guidelines as deemed appropriate during discussion or affirm the existing Guidelines. Ifthe Guidelines are affirmed, appoint With the aid of an overhead presentation (filed), Jessica Jordan, Planning Manager, provided an overview of the staff report and recommendation. Ms. Jordan noted any aspects of the affordable housing loan program guidelines, or composition of the Affordable Housing Loan Committee (AHLC), were open for review. She noted the program was initiated in November 2007, and was developed with the assistance of representatives from the development community. The founding concepts of the program were to provide clear guidelines to the development community for the process of issuing loans, and to have a third party review of submitted loan applications. The loans were funded by the Affordable Housing Fund and the Very Low Income Housing Fund, which were funded from impact fees collected on market rate projects, and the loans were intended to provide "gap" financing, leveraging external funding sources with City loan funds to aid financing affordable housing projects. The guidelines established criteria for staff: 1) staff process loan applications on a "first come, first serve" basis, 2) staff provide a determination on loan application I project completeness, 3) staff review loan underwriting, and 4) staff make recommendations to the AHLC for consideration. As a third party entity, the AHLC had discretion in its capacity to make recommendations, return loan application packages for re-negotiation, or request further information from loan applicants. Questions that have arisen during current discussions have involved: 1) defining project readiness, 2) consideration of the number of units in a project and the amount of City subsidy per unit, 3) use of the full amount of City loan funds, or establishing limits per project, 4) use of Conditional and Final Funding Commitments, 5) establishing 55 year term affordability requirements, and 6) requiring renewed review if there are material changes to a project. The City Attorney recommended that in defining application or project completeness," to proceed with caution any approval of financial commitments prior to finalization of entitlement processes. The AHLC last met September 17,  the Affordable Housing Loan Committee members.  Elk Grove City Council Regular Meeting, October 13, 2010 Page 13of27    2010 to review and discuss the Laguna Ridge Apartments Project by St. Anton Partners, and the Waterman Square Apartments Phase II Project by CFY Development Inc. and Egis Group, Inc. loan requests, and no recommendation for loans was made. The AHLC requested the applicants reduce their loan requests Inr reply to Council Member Davis, City Attorney Cochran noted that as the current Affordable Housing Loan Program Guidelines were written, the City could receive loan applications that had not yet received entitlements. If the Council granted any conditional commitment fori financing, she advised it be solely for financing, and that the City clearly state such conditional commitments gave no pre-approvals for any project, project entitlements and / or California Environmental Quality Act (CEQA) requirements, and that the conditional commitment requires that entitlements be The Council agreed the program policy definition of "first come, first serve" was problematic, and voiced preference for an evaluation process that ranked a project on merits, or appropriateness, over day filed. Project merits noted included: readiness of site to build, existing and planned surrounding uses, overall project fit with those surrounding uses, project location not isolated, and proximity of project to City Attorney Cochran stated the Affordable Housing Loan Program Guidelines were not clear as to whether the Council could consider loan applications prior to  and return October 20.  made by the project applicant.  amenities and services.  AHLC review, and suggested revision to those provisions as well.  PUBLIC COMMENT:  Sarah Johnson attended the AHLC meeting in September and appreciated clarifications tonight about the AHLC's role in reviewing project financing versus project planning issues. She believed the citizenry retained concerns that, even during financing review, the "whole picture" of a proposed project should be reviewed and taken into consideration, such as need for future approvals, Connie Conley read a consensus statement on behalf of the Elk Grove Coalition Advocating Proper Planning (EGCAPP) relating to Items 10.3 and 10.4 to fund both the USA Properties Fund and St. Anton projects, believing each project served an important use providing senior living and work force housing. She asked that fee deferrals be considered to alleviate funding requests. Ms. Conley noted that EGCAPP met with project applicants, and she voiced appreciation for their Ken Cross, Chair of the AHLC, stated this was the first time the AHLC had multiple, solid applications for review, and that in the past the AHLC served as an initial  appropriateness of project, etc.  communication efforts with community.  Elk Grove City Council Regular Meeting, October 13,2010 Page 14of27    screen to work through incomplete loan applications. He stated that due to the volume of material provided in the current applications, the AHLC continued the project hearings to provide time to conduct a thorough review. Mr. Cross believed one appliçant appealed directly to the Council to expedite the process. He felt that ifa pattern was formed to bypass review by the AHLC, it defeated the originating purpose of having a third party review by professionals in the field, and diminished the role and effectiveness of those members who served on the AHLC. Lynn Wheat suggested an Elk Grove resident member be added to the AHLC. She noted that the current guidelines recognized project "fit" and proximity to amenities as application considerations. She believed improved rules should be written and implemented, rather than relying on general guidelines. She opposed the Waterman Square Apartments Phase I Project, stating it was an isolated project. Ms. Wheat believed that for other proposed project units, and those proposed in any Specific Plan, high density zoning should not be compromised and downgraded, or Kathy Lee attended the AHLC meeting to learn more about the process of application review. She expressed her desire for the Council to provide direction and establish expectations for the program to foster a business friendly atmosphere After Council deliberation and discussion, City Attorney Cochran summarized policy recommendations regarding the Affordable Housing Loan Program Guidelines and Eliminate the guideline criteria for staff to process loan applications on a "first come, first serve" basis, and evaluate loan applications on the merit of the Regarding merit of a loan application, two existing policies in the General Plan, Land Use Policy 6 and Housing Policy 3 Action 1, would be referenced in the Affordable Housing Guidelines to evaluate appropriateness on where For all projects for which a loan application was received by today, including the three (3) projects of the Laguna Ridge Apartments Project by St. Anton Partners, the Waterman Square Apartments Phase II Project by CFY Development Inc. and Egis Group, Inc., and the USA Properties Fund Project, they would be immediately considered under the new streamlining The streamlining policies would provide the AHLC 60 days to consider loan applications, at which time if the AHLC fails to act on a loan application it would be deemed a denial and would become an automatic appeal to the For the USA Properties Fund Project, 30 days would be provided to complete the loan appliçation process, and once complete would then be considered  the City would lose formation of an urban core.  fori the City.  the Affordable Housing Loan Committee as directed by the Council:  loan application on a case by case basis;  to locate multi-family housing projects;  policies;  City Council;  under the streamlining 60 day policy for AHLC review;  Elk Grove City Council Regular Meeting, October 13,2010 Page 15of27    The AHLC would have a standing meeting time of one meeting per month, Reaffirm the funding commitment ability of the AHLC to recommend financing to the Council to make a final commitment only after development  with notice of cancellation when there was no meeting.  review entitlements were approved.  City Attorney Cochran noted the terms of the AHLC members would soon expire and would require confirmation of appointments for a subsequent term. Motion: M/S Hume/Detrick to reaffirm the two regular members and one alternate member appointments to the AHLC for a second term and direct staff to request the Building Industry Association nominate an alternate representative to fill the current alternate vacancy. The motion passed by the following vote: Ayes: 5; Noes: 0. Council Member Davis believed the AHLC was aware of the Council's urgency to review the current loan applications, and expressed his expectation that the AHLC would meet as frequently as needed to review the current loan applications before them and bring recommendations to the Council in a timely manner. Steve Gall, representing the USA Properties Fund Project, stated the project loan NOTE: Council recessed at 9:10 p.m. The regular City Council meeting Agenda Item No. 10.4: Discussion of current loan applications under review by the Affordable Housing Loan Committee: Laguna Ridge Apartments and Waterman  application was close to completion.  reconvened at 9:18 p.m. with all Council Members present.  Square Phase II RECOMMENDATION: Provide direction to staff as desired.  With the aid of an overhead presentation (filed), Jessica Jordan, Planning Manager, provided an overview of the staff report and recommendation. The balance for the Affordable Housing Loan was currently $14.2 million. The Laguna Ridge Apartments Project consisted of a 204 unit rental project, consisting of 203 affordable units with one market rate manager unit. The site location was in the Laguna Ridge Specific Plan at the northwest corner of Big Horn Boulevard and Civic Center Drive. The current loan amount request was $9.7 million, which was amended from the original loan application after discussion with the AHLC, equating to an average subsidy per unit of $47,783. The loan was a simple 4% interest, 48 year term, and it was not amortizing. Regarding overall project readiness, the project would include a downzone request from RD-30 to RD-20, and planning staff would be reviewing design concerns at the Planning Commission meeting of  October 21.  Elk Grove City Council Regular Meeting, October 13, 2010 Page 160 of27    The Waterman Square Apartments Phase II Project would expand the current Waterman Square Phase I Project, proposing a 73 unit rental project, consisting of 72 affordable units with one market rate manager unit. The site location was at Bond Road and Waterman Road, adjacent to the previous project. The current loan amount request was $4.5 million, which also was amended from the original loan application after discussion with the AHLC, equating to an average subsidy per unit of $62,500. The loan was a simple 4% interest, 35 year term, and it was not amortizing. Regarding overall project readiness the applicant was adding a revised exhibit to the project to remove the potential need of an additional entitlement.  PUBLIC COMMENT:  Sarah Johnson supported the Laguna Ridge Apartments Project, citing its proximity to amenities and central location near the future Civic Center site. She stated she had been a long time advocate to locate high density projects near transit and central travel corridors, but believed the RD-30 designation currently zoned for the site was an ideal, and one project of reduced density would not adversely affect the overall intent of the General Plan. Ms. Johnson stated her concern over the apparent early release of the Planning Commission staff report, in conjunction with the timing of current AHLC meetings and this item before the Council tonight, regarding the Laguna Ridge Apartments Project with a staff recommendation for denial based on the down-sized zoning and lack of pedestrian circulation. John Cicerone, manager of Waterman Square Apartments, noted the original project was built at its current location as in 2004 the City conducted a multi-family rezoning project and designated only six potential locations for affordable housing projects. He did not believe Waterman Square Apartments were isolated. He stated tenants' primary reason for wanting to locate to Waterman Square Apartments was its location, and proximity to two bus stops and a commuter line. Mr. Cicerone noted the safety of the location, and believed crime statistics in the Lynn Wheat raised concern that revising zoning and compromising on elements of high density projects would diminish the ability of the City to create an urban area. She noted her original, and continuing, opposition to the Waterman Square Craig Ehnisz, neighbor to the north of the Laguna Ridge Apartments Project, raised concern that the proposed project lacked any wall between the project site and his property, noting it could lead to frequent trespassing and could create potential liabilities. He requested a wall be considered for inclusion in the project application. Kathy Lee believed the Waterman Square Apartments Phase II Project was being incorrectly identified as a second phase to a previously approved project as an attempt to enjoy prior entitlements or privileges, and stated the site for the currently proposed residential project was originally intended to be a commercial corner. She  neighborhood were low.  Apartments Project.  Elk Grove City Council Regular Meeting, October 13.2010 Page 17of27    stated concerns with calls for police service to the existing apartment complex, noting she had data indicating numerous calls, though she did not know the nature of the calls, but believed further analysis should be conducted regarding crime in the area. Ms. Lee voiced support for the Laguna Ridge Apartments Project and the Steve Gall, representing the USA Properties Fund Project, noted the project was a second phase and continuation of their existing project. He noted the current site location was ideal in relation to services (bus line, shopping, medical services) and Ardie Zahedani, with RCH Group representing St. Anton Partners and Pacific Housing, noted the Laguna Ridge Apartments Project would be the fourth project in Elk Grove. He provided on overview of the project, noting 203 affordable housing units would be delivered, and the project could be eligible for state tax credits which could reduce the per unit City subsidy by $5,000. He noted that due to the time sensitive nature of elements to the project plan, and significant amount of funding to be leveraged, delays in project review would be detrimental to the project. With the delays in review at the level of the AHLC, and the potential for new policies to come into discussion, Mr. Zahedani stated he appealed directly to the Council to provide direction, and hopefully certainty, to the satisfaction of the developers and their business partners to continue the project plan. He noted the developers would work through gaining entitlements, maintained focus on the project to provide pedestrian connectivity to surrounding and future amenities (such as the Civic Center and park), and would address issues raised by Mr. Ehnisz regarding a wall between In reply to Vice Mayor Detrick, Ms. Jordan noted that the minimum number of units Molly Weis, representing Pacific Housing, the managing general partner of 30 properties with St. Anton development, noted the agency provided services to the community such as youth after-school programs, field trips, and lunch programs. For adults, services offered included employment and computer training, veterans' Steve Eggert, co-owner of St. Anton partners, stated the development group was seeking an indication as to whether the City was in favor of the project, and specifically asked for approval of a loan commitment of $9.7 million. He noted one factor reducing the overall City subsidy was a limited opportunity to purchase property under foreclosure at a significantly discounted price of $600,000 for 10 acres. Because lenders have constraints to keep an escrow period brief, the window of opportunity for the property purchase was coming to a close, and a level of certainty was needed regarding the City's intentions in order to balance the debt load to act on the land purchase opportunity. He noted the loan commitment could  USA Properties Fund Project.  was a product in demand for additional units in that location.  properties.  in an RD-30 zone for a 10 acre project would be 251 units.  services, and service referrals for utilities and rent assistance.  Elk Grove City Council Regular Meeting, October 13,2010 Page 18of27    be reduced by $1 million if state tax credits were obtained, which would be known By consensus, the Council waived the rule of procedure not to consider new business after 10:00 p.m. and to proceed with the remainder of the agenda. Inr reply to Council Member Davis, Mr. Eggert noted that providing a higher density project than that proposed would double the construction cost per square foot as additional floors would require an elevator and likely a parking structure. He stated that since affordable housing projects rely on subsidy, any project continuing to increase density would continue to increase the required subsidy, even with market rate units incorporated, and subsequently any such higher density project would be Brian Parker, with CB Richard Ellis representing the seller of the property St. Anton was seeking to acquire, noted the outside date to close escrow on the property was November 4 and that St. Anton did need certainty from the Council as it relates to this financing mechanism to move forward. He had been marketing this property and adjacent properties in the Laguna Ridge plan area for FB Holdings Company, and after review of numerous scenarios had come to the conclusion that, based on the cost of current development impact fees, no viable market rate project could be built at the site. Mr. Parker believed the best chance of getting any residential development in the town center was to move forward with an affordable housing Council Member Hume recollected part of the approvals for consideration of the Waterman Square Apartments Phase II Project was future development of the corner commercial center, and using that site for additional apartments degraded provision of commercial services, which was an original approval premise of the project, and would exacerbate issues of the current ratio of housing to commercial By consensus the Council voiced preference for the AHLC to consider the loan applications for the Laguna Ridge Apartments Project and the USA Properties Fund Project, and recommended not to fund the loan application for the Waterman Agenda Item No. 10.5: Consider authorizing the City Manager to execute a professional services contract with Willdan Engineering to perform the department's  by the end of June.  unfeasible due to the funding subsidy that would be required.  project at the site.  services in the area.  Square Apartments Phase II Project.  professional engineering services RECOMMENDATION:  Adopt resolution granting the City Manager authority to execute a professional services contract with Willdan Engineering to provide services to the Department of Public Works in accordance with the Request for Proposals (RFP) issued July 2010.  Elk Grove City Council Regular Meeting, October 13,2010 Page 19of27    Richard Shepard, Public Works Director / City Engineer, provided an overview of the staff report and recommendation. Existing services in Public Works provided by contract were set to expire end of the 2010 calendar year. The RFP was designed for a single prime vendor to provide all services. Two proposals were received, and the basis for the staff recommendation was based on Willdan Engineering (Willdan) presenting a significantly lower price. Mr. Shepard noted the contract was only for the public works services contract, and at a future date other contracts would come forward to address facilities and Geographic Information Systems services. In reply to Council Member Davis, Mr. Shepard noted Council discussion in July regarding the RFP agreed to a prime vendor that would provide services and oversee sub-contracted services as needed, but the prime vendor would remain responsible for any sub-contract work. In contrast to the current model, the City maintains multiple on-call contracts, and one firm is providing management over those contracts, but the contracts were directly contracting to the City and the Vice Mayor Detrick questioned how the Willdan proposal could come in at such a lower cost, noting fixed costs could not be discounted, and believed that such a Public Works Director Shepard noted current economic conditions have led to a change in competitive efforts, and noted the existing, competing vendor Interwest  managing firm did not have authority over those contracts.  discount would likely effect the salaries of the employees.  had proposed to match Willdan's prices.  PUBLIC COMMENT:  Sarah Johnson supported current public works employees, noting their history with the City and that such knowledge held value. She requested that if the Council selected another firm to find the means to retain such key employees. Mort August, Deputy Director with Willdan, identified he would be a project manager on this assignment if selected, and introduced members of the Willdan team in Daniel Chow, President of Willdan, provided company background of Willdan. He noted Willdan was interested in retaining staff possessing institutional knowledge, and would offer competitive pay incentives. Mr. Chow noted a lower overhead cost could be realized by allocating dedicated Willdan staff to work for the City. He expressed Willdan's willingness to relocate all staff from Sacramento to Elk Grove, and for the local office to take an active role in the community. He noted Willdan's willingness to take responsibility for all work done - whether Willdan employee work  attendance in the audience.  or that of sub-contractors.  Elk Grove City Council Regular Meeting, October 13,2010 Page 200 of27    Jeff Voss believed the RFP encouraged competition, and found the proposed Willdan rates extremely competitive with apparently little margin for profit. Mr. Voss cautioned to monitor plans based on hourly basis billing, as billable hours can be difficult to track. He believed the City staff Contract Manager model was a sound proposal, and asked that consideration be given to further utilize Contract Manager Cliff Loveland voiced appreciation of current Public Works staff in providing assistance to the community. He found the disparity in the bids of 30% unusual, and in further examining the corporate configuration of the company he posed Willdan may be acting as a loss leader to capture consumer business. Mr. Loveland believed comments by Willdan representatives to match salaries to retain employees was not compatible with the overall reduced pricing proposal Fritz Buchman, employee speaking on behalf of Interwest Consulting Group (Interwest), noted the company's history with the City to secure funding and deliver capital improvement projects to bring traffic congestion relief and improve the infrastructure of the City. He requested the price matching of Interwest be considered to maintain a dedicated local staff, institutional knowledge, and working relationships with agencies and private development. He believed selecting Interwest would reduce costs of staffing transitions, and would retain a known Bob Williamson, Senior Project Architect with Interwest, spoke in support of selecting Interwest, noting numerous employees and their families were Gary Grunwald, Senior Project Manager with Interwest, spoke in favor of selecting Interwest. He stated his pride in being a member of the Elk Grove community, and his satisfaction with the working environment established by Interwest through the Diane Nguyen, Interwest employee and resident of Elk Grove, noted herself as an example of the success of the City's mission to attract new residents to live and work in Elk Grove. Ms. Nguyen supported selecting Interwest, noting the company's dedication to the improvement of the Elk Grove community. Terry Rodrigue, owner of Interwest, stated the City of Elk Grove contract model remained unique in this region, maintaining dozens of on-call consultants, and he believed Interwest had consistently provided the lowest billing rates of any of the retained consultants, including work done to date by contracted services of Willdan (whom he noted had also been working for the City for the last eight years). He noted 34 Interwest staff were Elk Grove residents, and there were 77 employees total in the Interwest Elk Grove offices. Mr. Rodrigue believed that the evaluation of  City staff to lead the activity of the department.  offered by Willdan.  business partner and good corporate citizen in community.  contributing, longtime members of the Elk Grove community.  level of professionalism and dedication of Interwest staff.  Elk Grove City Council Regular Meeting, October 13,2010 Page 21of27    the RFP included a written proposal and an oral presentation, and the staff report only captured the price differential submitted under the written proposals; he noted by the end of the oral presentation given by Interwest the proposed rates of the two Inr reply to Council comments as to how Interwest would match the price proposed by Willdan, Mr. Rodrigue noted cuts would be made, likely to salaries, but believed it was a sole concern of the private business to make decisions on where to cut funding. Mr. Rodrigue believed if the desire was to retain the expertise of staff who had served the City over the years, Interwest had maintained those loyalties to date Tom Brisbane, CEO of Willdan, noted a standard operating practice when companies were awarded a base operating contract was to apply company practices to improve processes, but to find the means to retain the people to sustain the work and community environments. He believed Willdan responded effectively to the RFP in how many people they bid to do the work that was asked for. Council Member Hume referenced the staff "green sheet" memo which called out billing rates and details of costs, and between the two firms Interwest had 13 more Full Time Equivalent (FTE) staffing positions and 20,000 more billable hours which Public Works Director Shepard noted the memo was created in response to a question to look at the total cost of the project. The proposals were to respond back utilizing the general parameters of FTES for the workload areas, and if the proposers felt there was a different way of doing business, they should describe it. The RFP identified 33.5 FTES, Willdan presented a proposal with 32.5 and Interwest with 46.3. The two proposals have the same level of effort but the hourly rate would be currently different, but noted Mr. Rodrique had commented he was interested in matching hourly rates. Mr. Shepard believed one of the major discrepancies in the proposals was in the capital program area, as the RFP was not explicit in the level of required effort. Neither firm put in the level of effort that would be required by various design firms as part of the design or engineering firms associated with the delivery of a capital program, they both primarily outlined their own staff. The major discrepancy in the two proposals was the number of FTES Mr. Rodrigue observed that the Interwest proposal included staffing to address land development inspection, which was asked for in the scope, but the FTES were never identified in the staffing plan. He believed that because Interwest included staffing for land development inspection, the discrepancy of FTES would be lower if  firms were identical.  and would be best poised to continue to retain those employees.  equated to an additional cost per year of $3.5 million.  dedicated to the capital program delivery area.  not equal to the Willdan proposal.  Elk Grove City Council Regular Meeting, October 13,2 2010 Page 22 of27    In reply to Council Member Davis, City Attorney Susan Cochran stated one of the hallmarks of an employer lemployee relationship was setting compensation, and the City would have no controi over the private bargain between the employer and employee of a firm the City contracts with. She noted any information provided by the vendors detailing or describing pay rates would become a public record, and likely neither company would want to display their respective profit overhead, as it would serve as a disadvantage to the firms in other bids they may seek. Council Member Hume prioritized selecting the firm that combined the best total cost with the highest level of efficiency for the work provided, and he believed current information was only identifying costs, and not how those costs would equate to overall service. He asked the Council to reconsider dividing the work to multiple firms that displayed strengths in particular program areas, rather than Mayor Scherman noted that to consider splitting the contract work would likely City Attorney Cochran noted that the RFP identified the intention to award to one prime contractor. Though the staff report tonight offered notice for an option to consider splitting the work, future grievances could be raised from the industry by other firms that would have participated in the RFP process if they had the knowledge that particular aspects of the RFP could have been bid on separately. Vice mayor Detrick noted Interwest was willing to match the price, but expressed his disappointment that such a new price was offered later in the RFP review process. He held reservations on the effect of retaining quality employees if prices were Council Member Cooper was opposed to splitting the work. He believed the RFP was clear in its expectations, and the firms interpreted, and responded, differently. He believed the increased FTES and additional annual cost of the Interwest proposal was significant. He sought clarification from staff if any additional Public Works Director Shepard believed the best comparison was through the hourly rates of equivalent classifications. In regards to bringing additional information, another exercise could be run where the City explicitly sets the number of required FTES to elicit staffing costs. He noted generalizations as to the structure of the two proposals, noting the Willdan proposal was more a conventional pyramid structure, and Interwest had more top management positions with less mid- to line- level staff. He noted the estimated FTE count provided by the City in the RFP as a guideline was initially reviewed and confirmed with Interwest staff, since they held the operational knowledge of City Public Works services to date. Mr. Shepard also noted the proposals responded differently to the City requesting responses to  awarding to one prime contractor.  require restarting with a new RFP process.  reduced with the effect of having a negative impact on salaries.  information could be provided for consideration.  Elk Grove City Council Regular Meeting, October 13,2010 Page 23of27    questions such as to how to measure performance, sO the substance of responses, corporate cultures, and proposed organizational structures were different, but hourly billing rates were one area of commonality for comparison purposes. Council Member Hume raised concern over the numbers presented for consideration, and did not feel the cost assumptions reflected an accurate depiction Motion: M/S Davis/Cooper to adopt a Resolution granting the City Manager authority to execute a professional services contract with Willdan Engineering to provide services to the Department of Public Works in accordance with the Request for Proposals issued July 2010. The motion FAILED by the following vote: Ayes: Council Member Cooper believed the RFP process was the forum to present a best offer, and secondary or follow-up exercises were disingenuous to the RFP process. Council Member Hume observed if there was no further clarifying information, the "green sheet" memo identified a proposal that initially was nearly double the cost, and such information could not be ignored in the decision making process. Assistant City Manager Rebecca Craig noted the City had the assistance of its internal auditor in developing the RFP, and the auditor concurred with staff that the information presented in the proposals was provided as asked and it was not ambiguous. The auditor did not recommend going back out to the market and City Attorney Cochran noted either a new motion could be brought forward, or members on the prevailing side of the previous vote could motion for Motion: M/S Scherman/Hume to adopt Resolution No. 2010-217 granting the City Manager authority to execute a professional services contract with Willdan Engineering to provide services to the Department of Public Works in accordance with the Request for Proposals issued July 2010. The motion passed by the Motion: M/S Hume/Detrick to continue agenda Items 10.7 and 10.8 to the October 27, 2010 regular City Council meeting. The motion passed by the Agenda Item No. 10.6: Introduce an ordinance and adopt resolutions relating to  of highest efficiency and best total cost.  2; Noes: 3 (Scherman, Detrick, Hume).  asking for additional information or rewriting the RFP.  reconsideration of the prior, failed action.  following vote: Ayes: 5; Noes: 0.  following vote: Ayes: 5; Noes: 0.  Emergency Management Disaster Preparedness  RECOMMENDATION:  Elk Grove City Council Regular Meeting, October 13,2010 Page 24of27    1) Introduce and waive the full reading, by substitution of title only, an Ordinance amending Elk Grove Municipal Code Section 9.19.041/(A)6) to update naming conventions relating to emergency services organization and functions; and 2) Adopt resolution repealing Resolution No. 2006-169 and approving the California Disaster and Civil Defense Master Mutual Aid Agreement; and 3) Adopt resolution repealing Resolution No. 2007-188 and approving a resolution relative to workers' compensation benefits for registered volunteer "disaster Laura Gill, City Manager, noted the item was primarily a clean-up matter to align naming conventions and references of City Emergency Management Disaster Preparedness documentation to coincide with State of California agency names and  service workers".  standards.  The remainder of the verbal staff report was waived.  PUBLIC COMMENT: None.  Motion #1: M/S Hume/Detrick to introduce and waive the full reading, by substitution of title only, Ordinance No. 25-2010 amending Elk Grove Municipal Code Section 9.19.041(A)6) to update naming conventions relating to emergency services organization and functions. The motion passed by the following vote: Motion #2: M/S Hume/Detrick to adopt Resolution No. 2010-218 repealing Resolution No. 2006-169 and approving the California Disaster and Civil Defense Master Mutual Aid Agreement. The motion passed by the following vote: Ayes: Motion #3: M/S Hume/Detrick to adopt Resolution No. 2010-219 repealing Resolution No. 2007-188 and approving a resolution relative to workers' compensation benefits for registered volunteer "disaster service workers". The NOTE: Items 10.7 and 10.8 were pulled from the agenda and moved to the Agenda-em-NO-1. Consider-resolutions-4Padpinga.Mligated-Negalive Dedrationanda-MligaaMomibningandRepastipPeyam.soriha-Transit.an and-Corporation Yard Masler-Pans-Popd-and2-adeping- the7 Transit Vard  Ayes: 5; Noes: 0.  5; Noes: 0.  motion passed by the following vote: Ayes: 5; Noes: 0. regularly scheduled meeting of October 27, 2010.  MasterPlar-and-e-CorperalionYard-FaeHeS-Master-Plan  Elk Grove City Council Regular Meeting, October 13, 2010 Page 25of27    AgendaemNo.10::  OWAPOy.CeeP2IeA  CONVENE THE CITY COUNCIL AND FINANCE AUTHORITY JOINT REGULAR Mayor/Chair Scherman called the joint regular City Council and Finance Authority meeting of October 13, 2010 to order at 12:03 p.m. on October 14, 2010.  MEETING  Present: Absent:  Mayor / Chair Scherman, Vice Mayor / Vice Chair Detrick, Council  Members/Board Members Cooper, Davis and Hume.  None.  CITY COUNCIL /FINANCE AUTHORITY PUBLIC HEARINGS  Agenda Item No. 11.2A: A public hearing to consider adoption by the City Council and the Elk Grove Finance Authority of separate resolutions authorizing the Elk Grove Finance Authority to release the Preliminary Official Statement and Notice of Sale in Connection with the possible issuance ofL Lease Revenue Bonds to finance land acquisition and construction of a Household Hazardous Waste  Collection Facility RECOMMENDATION  1) Adopt resolution of the City Council of the City of Elk Grove approving the Notice of Sale and Preliminary Official Statement and authorizing their release in connection with the possible issuance and sale of lease revenue bonds by the Elk Grove Finance Authority to finance land acquisition and construction of a 2) Adopt resolution of the Board of Directors of the Elk Grove Finance Authority approving the Notice of Sale and Preliminary Official Statement and authorizing their release in connection with the possible issuance and sale of lease revenue bonds by the Elk Grove Finance Authority to finance land acquisition and  household hazardous waste facility; and  construction of a household hazardous waste facility.  The verbal staff report was waived.  Mayor/ Chair Scherman declared the public hearing open.  PUBLIC COMMENT: None.  Mayor/ Chair Scherman declared the public hearing closed.  Elk Grove City Council Regular Meeting, October 13,2010 Page 26of27    Motion: M/S Hume/Davis to adopt Resolution No. 2010-220 approving the Notice of Sale and Preliminary Official Statement and authorizing their release in connection with the possible issuance and sale of lease revenue bonds by the Elk Grove Finance Authority to finance land acquisition and construction of a household hazardous waste facility. The motion passed by the following vote: Ayes: 5; Motion: M/S Hume/Detrick to adopt Resolution No. FA2010-2 approving the Notice of Sale and Preliminary Official Statement and authorizing their release in connection with the possible issuance and sale of lease revenue bonds by the Elk Grove Finance Authority to finance land acquisition and construction of a household hazardous waste facility. The motion passed by the following vote: Ayes: 5; With no additional business to conduct, the October 13, 2010 joint regular City Council and Finance Authority meeting was adjourned at 12:04 p.m. on October 14, NOTE: The City Council convened to the Regular Redevelopment Agency meeting of October 13, 2010 to order at 12:03 a.m. on October 14, 2010. Mayor Scherman and Council Member Hume left the meeting at 12:04 a.m. on October 14, 2010. The Regular City Council meeting was reconvened at 12:06 p.m. on October 14,  Noes: 0.  Noes: 0.  2010.  2010 with Mayor Scherman and Council Member Hume absent.  ADJOURNMENT  With no additional business to conduct, the October 13, 2010 City Council meeting  was adjourned at 12:06 p.m. on October 14, 2010.  JASON INDGREN INTERIM CITY CLERK  ATTEST:  SOPHIA SCHERMAN, MAYOR h  Elk Grove City Council Regular Meeting. October 13.2010 Page 27of27