Elk Grove City Council
Regular Meeting, October 26, 2022
CIT
Y OF ELK GROVE
Incorporated July 1, 2000
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
Wednesday, October 26, 2022
CALL TO ORDER / ROLL CALL
Mayor Singh-Allen called the regular City Council meeting of October 26 , 2022, to order at 6:12 p.m.
Pr
esent: Mayor Singh-Allen, Vice Mayor Suen, and Council Members Hume, Nguyen, and Spease.
Abs
ent: None.
Neil Na
yyar led the Pledge of Allegiance.
Mayor
Singh-Allen asked that a moment of silence be observed.
APPROVAL OF CITY COUNCIL AGENDA
May
or Singh- Allen recommended Item 9.2 be moved to be heard prior to Item 9.1 to accommodate hearing the report from Visit Elk Grove prior to the anticipated lengthy matter of Item 9.1.
Ci
ty Clerk Jason Lindgren noted that due to scheduling issues, staff requested Item 4.1 be rescheduled to a future date.
Motion: M/S Suen/ Nguyen to schedule Item 4.1 for a future date, to hear Item 9.2 as the first item heard under the regular agenda action items, and to approve the remainder of the agenda as presented. The motion passed by the following vote:
Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
CLOSED SESSION
None.
PRESENTATIONS / ANNOUNCEMENTS
Note: Item 4.1 would be scheduled for a future date as directed under the approval of the agenda.
4.1 Recognition of service of Congressman Ami Bera.
4.2 Mayor Singh-Allen presented a proclamation recognizing October 2022 as Hindu Heritage Month to Bhavin Parikh and members of the Hindu community.
Elk Grove City Council
Regular Meeting, October 26, 2022
4.3 Council Member Nguyen presented a proclamation recognizing October 2022 as Breast Cancer Awareness Month to Doug Carson, representing the Albie Aware Breast Cancer Foundation.
4.4 Vice Mayor Suen presented recognitions to Harry Nguyen for attaining the rank of Eagle Scout.
4.5 With the aid of a visual presentation (filed), Bhavin Parikh presented the Diversity and Inclusion Commission Annual Update.
4.6 Department heads introduced New Hire Introductions of the prior quarter.
PUBLIC COMMENT:
Margie Jones and the Strauss Festival Board of Directors thanked the City for its ongoing support of the Strauss Festival.
Bob Turner thanked the City for efforts to address poor road surfacing treatments installed by contractors working with utility providers in the vicinity of Polhemus Drive and Nut Tree Court, stating Public Works staff were able to have the street resurfaced in a prompt manner.
Jonathan Mills, speaking in relation to the release of Zeus the dog from the Elk Grove Animal Shelter , raised issue with the Elk Grove Municipal Code regarding appeals of decisions, believing the code denied due process rights.
Rachel Garcia and Ruby Lopez spoke in support of the release of the dog Zeus from the Elk Grove Animal Shelter, and raised issues with the enforcement practices of City Animal Services.
Ed Owen submitted comments (filed) , addressing concerns of flooding on his property on Mecca Road that he believed was a result of an improperly maintained dedicated drainage easement.
Linda Parr-Macaluso and Aimie McIrvin spoke in support of the release of the dog Zeus from the Elk Grove Animal Shelter.
GENERAL ADMINISTRATION INFORMATION
City Manager Jason Behrmann reviewed the Administrative Report for October 26, 2022 (filed).
CONSENT CALENDAR ITEMS
PUBLIC COMMENT
None.
Motion: M/S Nguyen/Suen to approve the Consent Calendar as presented. The motion passed by the following vote: Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Elk Grove City Council
Regular Meeting, October 26, 2022
Agenda Item No. 7. 1: R eceived Treasurer’s Report and Other Post -Employment Retirement Benefits (OPEB) Report for September 2022.
Agenda Item No. 7. 2: R
eceived the Monthly Disbursement Summary and AP Check
Register Listing for September 1, 2022, through September 30, 2022, showing Automatic Clearing House Nos. 20426 through 20533; General Warrant Nos.134044 through 134498; and Electronic Fund Transfer Nos. 90072426 through 90072440.
Agenda Item No. 7 .3: Approved the City Council meeting minutes of the October 12, 2022 special and regular meetings.
Agenda Item No. 7. 4
: Received report on City Manager approved purchases and contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and Purchasing, and projects awarded under the Uniform Public Construction Cost Accounting Act, filed through October 18,2022.
Agenda Item No. 7. 5: Received report on Requests for Proposals, Qualifications, and Bids.
Agenda Item No. 7. 6: Received Biennial Notice of Intention to amend the Elk Grove Conflict of Interest Code.
Agenda Item No. 7. 7
: Adopt Resolution No. 2022-262 dispensing with the formal request for proposal procedure pursuant to Elk Grove Municipal Code Section
3.42.140(B)(3), authorizing the City Manager to execute an amendment to Contract No.
C-21-472 with Maze & Associates Accounting Corporation to provide Au dit Services for the City, and authorizing an expenditure of funds not -to-exceed $15,000 [for a total expenditure of funds over the term of the contract not-to-exceed $259,262].
Agenda Item No. 7. 8
: Adopted Resolution No. 2022 -263 determining to annex territory to Community Facilities District No. 2005 -1 (Laguna Ridge) and to levy a special tax to pay for certain facilities and services (Annexation No. 12) for the Mesa at Laguna Ridge Phase 2 Project.
Agenda Item No. 7. 9
: Adopted: 1) Resolution No. 2022- 264 declaring intention to annex territory to Community Facilities District No. 2003- 2 (Police Services) and to levy a special tax to pay for police services for the Railroad Courtyards, Pleasant Grove Estates, 10221 & 10265 Sheldon Road Parcel Map, and Mesa at Laguna Ridge Phase 2 Projects (Annexation No. 65); 2) Resolution No. 2022 -265 declaring intention to annex territory to Community Facilities District No. 2006- 1 (Maintenance Services) and to levy a special tax to pay for maintenance services for the Railroad Courtyards, Pleasant Grove Estates, and 10221 & 10265 Sheldon Road Parcel Map Projects (Annexation No. 86); 3) Resolution No. 2022-266 declaring intention to annex territory to Street Maintenance District No. 1, Zone 3- AJ (Anne xation No. 47) and to levy a special tax to pay for street maintenance for the Railroad Courtyards, Pleasant Grove Estates, and 10221 & 10265 Sheldon Road Parcel Map Projects; 4) Resolution No. 2022-267 declaring intention to annex territory to Street Maintenance District No. 1, Zone 5 -W (Annexation No. 26) and to levy a special tax to pay for street maintenance for the Mesa at Laguna Ridge Phase 2 Project; and 5) Resolution No. 2022-268 declaring intention to annex territory to Storm Water Elk Grove City Council
Regular Meeting, October 26, 2022
Drainage Fee Zone 2 (Annexation No. 58) for the Railroad Courtyards, Pleasant Grove Estates, and 10221 & 10265 Sheldon Road Parcel Map Projects pursuant to the Benefit Assessment Act of 1982.
Agenda Item No. 7. 10
: Adopted Resolution No. 2022 -269 authorizing the City Manager to accept the Office of Community Oriented Policing Services grant funding for the Elk Grove Police Department’s Communications Center Renovation from the U.S.
Department of Justice and amend the Police Department’s budget in the amount of $520,000.
Agenda Item No. 7. 11:
Adopted Resolution No. 2022 -270 dispensing with the formal bidding procedure pursuant to EGMC 3.42.180(B)(3) and authorizing the City Manager to execute a purchase order with SurveillanceGRID Integration Inc. for the purchase of a BriefCam Video Analytics Technology Platform in an amount not to exceed $149,844.46.
Agenda Item No. 7.12
: Authorized recruitment to fill one voting member vacancy on the Diversity and Inclusion Commission.
Agenda Item No. 7. 13:
Adopted Resolution No. 2022 -271 authorizing the Finance Director to sell or otherwise dispose of surplus City property in the form of Unmanned Aerial Systems.
Agenda Item No. 7. 14:
Adopted Resolution No. 2022 -272: 1) authorizing the City Manager to execute an assumption agreement with InsureTrack InsureTech LLC (formerly Insurance Tracking Services, Inc.); and 2) dispensing with the formal request for proposal procedures pursuant to Elk Grove Municipal Code Section 3.42.140(B)(3) and authorizing the City Manager to execute the Third Amendment to the contract with InsureTrack InsureTech LLC (formerly Insurance Tracking Services, Inc.) for insurance certificate tracking services, extending the term for a period of one year and adding $10,000 [ for a total expenditure of funds over the contract term not -to-exceed $105,000].
Agenda Item No. 7.15
: Received for filing the FY 2022-2027 Capital Improvement Program Quarterly Status Report for the First Quarter of Fiscal Year 2022-23.
Agenda Item No. 7.16:
Adopted Resolution No. 2022-273 approving the Final Map for Madeira South, Village 5 (Subdivision No. 10 -020-5) and authorizing the City Manager to execute the Subdivision Improvement Agreement (CEQA Exempt).
Agenda Item No. 7.17:
Adopted Resolution No. 2022 -274 updating the Fiscal Year 2022-23 Salary and Step Schedule for four new classifications, title changes for three current classifications, and other general salary schedule updates and amending the Fiscal Year 2022-23 Position Listing to reflect changes to classification titles.
PUBLIC HEARINGS
Elk Grove City Council
Regular Meeting, October 26, 2022
Agenda Item No. 8.1 : A Public Hearing to consider an Ordinance amending various sections of Title 16 of the Elk Grove Municipal Code relating to Building and Construction; adding Section 16.15 relating to the California Energy Code; ratifying adoption by the Cosumnes Community Services District of the 2022 California Fire Code with local amendments; and amending Elk Grove Municipal Code Chapter 17.04 relating to the California Fire Code (CEQA Exempt).
RECOMMENDATION
Introduce and waive the full reading, by substitution of title only, an ordinance amending certain sections of Title 16 of the Elk Grove Municipal Code relating to Buildings and Construction; adopting Elk Grove Municipal Code Chapter 16.15 relating to the California Energy Code; ratifying adoption by the Cosumnes Community Services District of the 2022 California Fire Code with local amendments; and amending Chapter 17.04 relating to the California Fire Code to adopt by reference the 2022 California Fire Code with local amendments (CEQA Exempt).
B
rian Frenger, Chief Building Official, provided an overview of the staff report and recommendation.
Mayor Singh-Allen declared the public hearing open.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Motion:
M/S Nguyen/Hume to introduce and waive the full reading, by substitution of title only, Ordinance No. 31 -2022 amending certain sections of Title 16 of the Elk Grove Municipal Code relating to Buildings and Construction; adopting Elk Grove Municipal Code Chapter 16.15 relating to the California Energy Code; ratifying adoption by the Cosumnes Community Services District of the 2022 California Fire Code with local amendments; and amending Chapter 17.04 relating to the California Fire Code to adopt by reference the 2022 California Fire Code with local amendments (CEQA Exempt). The motion passed by the following vote: Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0;
Absent: 0.
REGULAR AGENDA ACTION ITEMS / RECOMMENDATIONS
Note: Item 9.2 was heard as the first regular agenda action item as directed under the approval of the agenda.
Agenda Item No. 9.2: R
eceive and file the Elk Grove Tourism Marketing District Annual Report for Fiscal Year 2021-22.
RECOMMENDATION
Receive and file the Elk Grove Tourism Marketing District Annual Report for Fiscal Year 2021-22.
Public Affairs Manager Kristyn Laurence provided opening comments.
Elk Grove City Council
Regular Meeting, October 26, 2022
With the aid of a visual presentation (filed), Aaryn Val, Executive Director of Visit Elk Grove, doing business as Explore Elk Grove, provided an overview of the staff report and recommendation.
PUBLIC COMMENT
None.
The City Council received and filed the report.
Agenda Item No. 9.1 : R eceive information from staff and consider a resolution approving a Community Workforce and Training Agreement with the Sacramento-Sierra Building and Construction Trades Council and the AFL -CIO Council and its member unions, and authorizing the City Manager to execute the Community Workforce and Training Agreement following execution by the Sacramento-Sierra Building and Construction Trades Council and signatory unions
RECOMMENDATION
Adopt a resolution approving a Community Workforce and Training Agreement with the Sacramento-Sierra Building and Construction Trades Council (SSBCTC) and the AFL- CIO Council and its member unions, and authorizing the City Manager to execute the Community Workforce and Training Agreement following execution by the SSBCTC and signatory unions.
With the aid of a visual presentation (filed), Jeffrey Werner, Public Works Director/City Engineer, provided an overview of the staff report and recommendation.
PUBLIC COMMENT:
Richard Markuson, Lindsay Fitzgerald, Nicole Goerhing, Eric Christian, Ian Vander Linden, Vance Jarrard, and Jesus Campos spoke in opposition to the item. Speakers referred to the Community Workforce and Training Agreement (CWTA) as a Project Labor Agreement, believed it excluded non-signatory contractors from bidding on projects and would create a no-bid contract for project construction labor by excluding a large segment of participatory parties in the marketplace, believed it excluded non-union workers and apprenticeship programs, and would increase costs. Mr. Christian believed two provisions needed to be changed: 1) remove the core workforce limit, and 2) payments under Article 11 for wages and benefits should follow the worker and not be paid to a union for non-union members.
Richard Bertacchi , John Hershey , Ben Liu , Osman Gamales , Steven Decker , Kit Wilson, Robert Kuks, Anthony Viscuso, Robert Fong, Todd Schiavo, Larissa Petrucci, John Rictor, Ronald Milner, Kevin Brown, Sal Rotolo, Pansy Romo, Doyle Radford, Jr., Tom Enslow (noting the letter he had submitted - filed), David Vincent , Matt Nootenboom, Gina White , Noah Painter , Rashid Sidqe, Manuel Zapata, and Kevin Ferreira spoke in support of the staff recommendation.
Note: The City Council recessed at 8:41 p.m. for a brief break. The regular City Council meeting reconvened at 8:47 p.m. with all Council Members present.
Elk Grove City Council
Regular Meeting, October 26, 2022
Council Member Spease identified five matters he wanted to discuss: 1) raise the Major Project minimum amount threshold from $1 million to $10 million, 2) to include a provision that if less than three bids were received to allow re -bidding and the CWTA not apply to the re- bid, 3) for a local hire who was not a part of the union shall not have the CWTA apply to them, 4) to allow any contractor who was not part of a union the option to pay equivalent benefits listed under Article 11 using their own benefits plan , and if equivalent benefits we re paid, the contractor was exempt from compliance under Article 11 , and 5) to consider reducing the term from five years to three years.
Mr. Spease stated he was willing to continue the conversation on these points, but he would not support the item as presented.
City Manager Jason Behrmann noted the CWTA did not apply to private sector work, only to City projects meeting the required threshold. Cost impacts were unknown at this time but would be monitored over the term of the contract . The staff expectation was a continued competitive environment, and it was not expected that fees would be impacted as a result of the CWTA.
Council Member Hume noted his abstention as he supported many of the elements of the lengthy effort to date, but he was not in agreement with certain provisions such as paying into union pension funds for non- union workers ( which he did not believe was equitable).
Motion: M/
S Nguyen/Suen to adopt Resolution No. 2022-275 approving a Community Workforce and Training Agreement with the Sacramento- Sierra Building and Construction Trades Council (SSBCTC) and the AFL- CIO Council and its member unions, and authorizing the City Manager to execute the Community Workforce and Training Agreement following execution by the SSBCTC and signatory unions . The motion passed by the following vote: Ayes: 3 (Singh-Allen, Suen, and Nguyen); Noes: 1 (Spease); Abstain: 1 (Hume); Absent: 0.
Note: Item 9.2 was heard as the first regular agenda action item as directed under the approval of the agenda.
Agenda Item No. 9.2: Receive and file the Elk Grove Tourism Marketing District Annual Report for Fiscal Year 2021-22.
COUNCIL COMMENTS / REPORTS / FUTURE AGENDA ITEMS
Council Member Nguyen thanked Chief of Police Davis for his assistance with the Careers in Local Law Enforcement employment effort.
Council Member Spease noted he would be attending an upcoming meeting with Union Pacific Railroad representatives.
Mayor Singh- Allen, Vice Mayor Suen, and Council Member Hume had no items to report.
ADJOURNMENT
Elk Grove City Council
Regular Meeting, October 26, 2022
Wit
h no additional business to conduct, the October 26, 2022 City Council meeting was adjourned at 9:18 p.m.
JAS ON LINDGREN, CITY CLERK
ATTEST:
BOBBIE SINGH-ALLEN, MAYOR