Elk Grove City Council
Regular Meeting, February 23, 2022
CIT
Y OF ELK GROVE
Incorporated July 1, 2000
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
Wednesday, February 23, 2022
Note: The Regular Meeting of February 23, 202 2 was conducted by teleconference consistent with state law while a State of Emergency remains active, and as adopted by City of Elk Grove Resolution No. 2022-029.
CALL TO ORDER / ROLL CALL
Mayor Singh- Allen called the regular City Council meeting of F ebruary 23 , 2022, to order at 6:00 p.m.
Present: Mayor Singh-Allen, Vice Mayor Suen, and Council Members Hume, Nguyen, and Spease.
Absent: None.
Mayor Singh-Allen led the Pledge of Allegiance.
Mayor Singh-Allen asked that a moment of silence be observed.
APPROVAL OF CITY COUNCIL AGENDA
City Clerk Jason Lindgren noted the Public Hearing of Item 8.1 related to redistricting was required to be heard at the set, noticed time. The set, noticed, scheduled start time was 7:00 p.m. for Item 8.1, which could lend to the item moving in the agenda order to commence at the stated start time.
Motion: M/S Suen/ Hume to approve the agenda as presented, noting the required start time of 7:00 p.m . for Item 8.1. 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
4.1 M
ayor Singh-Allen presented a proclamation declaring March 6 through 12, 2022, as Women in Construction Week to Maria Patchin, representative of the N ational Association of Women in Construction.
PUBLIC COMMENT:
Mar
k Graham referred to submitted written comments (filed), describing studies on non- ionizing radiation indicating exposure to such radiation produced negative health effects.
Elk Grove City Council
Regular Meeting, February 23, 2022
Sara Sangha addressed the Smart City Plan and believed that non-ionizing radiation was harmful to humans, and actions should be taken to re- evaluate standards and reduce exposure to non-ionizing radiation.
GENERAL ADMINISTRATION INFORMATION
City Manager Jason Behrmann reviewed the Administrative Report for February 23, 2022 (filed).
CONSENT CALENDAR ITEMS
PUBLIC COMMENT
None.
Motion: M/
S Suen/ Nguyen 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.
Agenda Item No. 7. 1
: Received Treasurer’s Report and Other Post -Employment Retirement Benefits (OPEB) Report for January 2022.
Agenda Item No. 7. 2
: Received the monthly Disbursement Summary and AP Check Register Listing for January 1, 2022, through January 31, 2022, showing Automatic Clearing House Nos. 19619 through 19759; General Warrant Nos. 131121 through 131420; and Electronic Fund Transfer Nos. 90072252 through 90072272.
Agenda Item No. 7. 3
: Approved City Council meeting minutes of the February 9, 2022 special meeting.
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 February 15, 2022.
Agenda Item No. 7. 5
: Received report on Requests for Proposals, Qualifications, and Bids.
Agenda Item No. 7. 6
: Adopted Ordinance No. 06 -2022 repealing and replacing Elk Grove Municipal Code Chapter 16.120 Deferral of Certain Impact Fees and amending Section 16.97.050 Timing of Collection of Fee (CEQA Exempt) (Second Reading).
Agenda Item No. 7. 7: A
dopted Resolution No. 2022-038 authorizing the City Manager to execute an amendment to the Agreement for Services for Independent Contractor with the Local Government Commission (C-21-155) for the provision of services through the CivicSpark program, adjusting the scope of work to include broadband accessibility, and authorizing the City Manager to approve future scope of work revisions provided they do not result in an increase in the not-to-exceed amount of the contract.
Elk Grove City Council
Regular Meeting, February 23, 2022
Agenda Item No. 7.8 : A dopted Resolution No. 2022 -039 authorizing the Finance Director to sell or otherwise dispose of surplus City property in the form of Law Enforcement Vehicles and Law Enforcement Equipment.
Agenda Item No. 7.9 : A
dopted Resolution No. 2022-040 authorizing the City Manager to execute a Credit Reimbursement Agreement with KB Home Sacramento, Inc, a California corporation, for dedication of basin land included in the City of Elk Grove Southeast Policy Area and Laguna Ridge Specific Plan Phase 3 Drainage Impact Fee Program (Poppy Keys Southwest Project).
Agenda Item No. 7.10: A
dopted Resolution No. 2022-041 authorizing the City Manager to execute a Credit Reimbursement Agreement with Taylor Morrison, LLC, a California limited liability company, for dedication of basin land included in the City of Elk Grove Southeast Policy Area and Laguna Ridge Specific Plan Phase 3 Drainage Impact Fee Program (Esplanade West Project).
Agenda Item No. 7.11: A
dopted Resolution No. 2022-042 authorizing the City Manager to execute Credit Reimbursement Agreements with Big Horn RBVP, LP, a California limited partnership, for dedication of basin land included in the City of Elk Grove Southeast Policy Area and Laguna Ridge Specific Plan Phase 3 Drainage Impact Fee Program (Souza Dairy Project).
Agenda Item No. 7.12 : A
dopted: 1) Resolution No. 2022 -043 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 (Annexation No. 78); and 2) Resolution No. 2022-044 declaring intention to annex territory to Storm Water Drainage Fee Zone 2 (Annexation No. 51) pursuant to the Benefit Assessment Act of 1982 for the Bond and Waterman Shell with 7-Eleven and Storage Facility Project.
Agenda Item No. 7. 13: A
dopted Resolution No. 2022 -045 dispensing with the formal request for proposal procedure pursuant to Elk Grove Municipal Code Section
3.42.140(B)(3) and authorizing the City Manager to execute a contract with GovInvest, Inc. for Labor Costing Software Services for a term of five years in an amount not to exceed $82,400.
Agenda Item No. 7.14: A
dopted Resolution No. 2022-046 authorizing the City Manager to accept an appropriation from the State Supplemental Law Enforcement Services Fund in the amount of $272,879; amending the Fiscal Year 2021- 22 Budget by increasing the Police Department’s revenue and expense budget by that same amount; and amending the FY2021-22 Position Listing to add one additional Communications Intelligence Specialist position and one additional Police Equipment/Supply Technician position.
Agenda Item No. 7. 15: A
dopted Resolution No. 2022 -047 amending the Fiscal Year 2021-22 Budget and the 2021- 2026 Capital Improvement Program by adding $80,278 from CalRecycle 2019 -20 Rubberized Pavement Grant Program to Grant Line Road Widening Phase 2 Project (WTR002) (No Further CEQA Review Required).
Elk Grove City Council
Regular Meeting, February 23, 2022
Agenda Item No. 7.16: A dopted Resolution No. 2022-048 authorizing the City Manager to execute an Interconnection and Operating Agreement with the Sacramento Municipal Utility District (SMUD) for the District56 Solar Photovoltaic (PV) System Improvements Project (WFC043) for the Generating Facility located at District56.
Agenda Item No. 7. 17
: Adopted Resolution No. 2022 -049 approving the 2021
Sacramento County Local Hazard Mitigation Plan Update.
Agenda Item No. 7.18: A
dopted Resolution No. 2022-050 supporting the placement of a proposed tax measure on the June 2022 ballot to continue the Sacramento Abandoned Vehicle Service Authority (SAVSA) vehicle registration fee.
N
ote: Public Hearing Item 8.1 was delayed in being heard as the item was required to be heard at a set, noticed time pursuant to State of California Elections Code Section 21607.1(d). The set, noticed scheduled start time was 7:00 p.m. The City Council directed that Item 9.3 be heard next and to return back to the public hearing at 7:00 p.m.
Agenda Item No. 9. 3:
Receive a presentation on the findings and recommendations following a Staffing and Efficiency Study of the Elk Grove Police Department.
RECOMMENDATION
Receive a presentation from Citygate Associates, LLC on the findings and recommendations following a Staffing and Efficiency Study of the Elk Grove Police Department.
With the aid of a visual presentation (filed), Richard Word with Citygate Associates, LLC, provided an overview of the staff report and recommendation.
PUBLIC COMMENT
None.
Council Member Hume supported exploration of a community prosecutor, and inquired if there were best practices for differentiating services provided by sworn officers and those that could go to support staff.
Mr. Word noted use of support staff first would evaluate the safety for such staff in various environments out in the field, and he noted a challenge for agencies utilizing support staff that such resources typically were not scheduled for availability on the 24- hour a day nature of services provided by public safety officers.
Note: Item 9.3 was paused to allow for the 7:00 p.m. start for Item 8.1 to commence.
Item 9.3 was heard both prior to and immediately after the public hearing of Item 8.1.
PUBLIC HEARINGS
Agenda Item No. 8.1 :
A Public Hearing providing a discussion on Communities of Interest and criteria for local redistricting principles, and updates on the Redistricting Project (this item had a start time of 7:00 p.m.)
Elk Grove City Council
Regular Meeting, February 23, 2022
RECOMMENDATION
Receive a report from staff on communities of interest and criteria for local redi stricting principles when considering map submittals, the continuing public outreach Work Plan on identifying communities of interest, and receive direction from the City Council as deemed appropriate.
With the aid of a visual presentation (filed), Jason Lindgren, City Clerk, provided an overview of the staff report.
Mayor Singh-Allen declared the public hearing open.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
The City Council received and filed the report.
REGULAR AGENDA ACTION ITEMS / RECOMMENDATIONS
Note: Item 9.3 was paused to allow for the 7:00 p.m. start for Item 8.1 to commence.
Item 9.3 was heard both prior to and immediately after the public hearing of Item 8.1.
Agenda Item No. 9.3
(Continued): Receive a presentation on the findings and recommendations following a Staffing and Efficiency Study of the Elk Grove Police Department.
S
taff no ted that a position of community prosecutor would require the consent of the District Attorney, and ideally the position would operate by creating an office at City Hall that would then coordinate with the District Attorney’s Office.
Council Member Spease believed mental health issues we re under the purview of services provided by Sacramento County.
In reply to Vice Mayor Suen’s inquiry if specific concerns were identified during the study, Mr. Word noted concerns that patrol was understaffed (yet interviews provided different perspectives on short staffing) , if re-imagining the services provided that could result in issues for recruitment, and the four-shift model raised concern (noting a three- shift model may improve morale).
The City Council received and filed the report.
Agenda Item No. 9.1 : R
eceive the Fiscal Year 2021- 22 Mid-Year Budget Report and consider a resolution amending the Fiscal Year 2021-22 Budget and Fiscal Years 2021- 22 through 2025- 26 Capital Improvement Program, authorizing changes to the Fiscal Year 2021- 22 Position Listing, and adopting an updated City -wide Salary and Step Schedule.
Elk Grove City Council
Regular Meeting, February 23, 2022
RECOMMENDATION
Review the Fiscal Year 2021- 22 Mid- Year Budget Report and consider a resolution amending the Fiscal Year 2021- 22 Budget, approving a change to the City’s Position Listing, and adopting an updated City-wide Salary and Step Schedule.
With the aid of a visual presentation (filed), Shay Narayan, Budget Manager, provided an overview of the staff report and recommendation.
PUBLIC COMMENT
None.
Motion: M/S H
ume/Suen to adopt Resolution No. 2022-051 amending the Fiscal Year 2021-22 Budget, approving a change to the City’s Position Listing, and adopting an updated City -wide Salary and Step Schedule. The motion passed by the following vote: Ayes: 5 (Singh -Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent:
0. Agenda Item No. 9.2: C
onsider a resolution approving the second year of the American Rescue Plan Act Expenditure Allocation Plan, authorizing the City Manager to amend the Fiscal Year 2021 -22 Budget to reflect revenues received pursuant to the Act, increasing budgeted expenditures in the Disaster Recovery Fund (Fund 240) by a commensurate amount, and amending the Fiscal Year 2021- 2022 through 2025- 2026 Capital Improvement Program to increase the total budget for the Southeast Industrial Area Storm Drain Improvements Project (WDR052) by $3,764,000, to be funded from the Disaster Recovery Fund (Fund 240).
RECOMMENDATION
Adopt resolution approving the second and final year of the American Rescue Plan Act Expenditure Allocation Plan, authorizing the City Manager to amend the Fiscal Year 2021-22 Budget to reflect one- time limited revenues to be received pursuant to the Act, increasing budgeted expenditures in the Disaster Recovery Fund (Fund 240) by a commensurate amount, and amending the Fiscal Year 2021- 2022 through 2025- 2026 Capital Improvement Program to increase the total budget for the Southeast Industrial Area Storm Drain Improvements Project (WDR052) by $3,764,000, to be funded from the Disaster Recovery Fund (Fund 240).
With the aid of a visual presentation (filed), Matt Paulin, Finance Director, provided an overview of the staff report and recommendation.
PUBLIC COMMENT:
Bruce Kamilos, General Manager of Elk Grove Water District, voiced support of the staff recommendation for funding projects related to the Old Town Water Main Project.
Mayor Singh-Allen requested a future report on the funding and project updates of the proposed homeless solutions programs.
Motion: M/S N
guyen/Spease to adopt Resolution No. 2022 -052 approving the second and final year of the American Rescue Plan Act Expenditure Allocation Plan, Elk Grove City Council
Regular Meeting, February 23, 2022
authorizing the City Manager to amend the Fiscal Year 2021- 22 Budget to reflect one- time limited revenues to be received pursuant to the Act, increasing budget ed expenditures in the Disaster Recovery Fund (Fund 240) by a commensurate amount, and amending the Fiscal Year 2021- 2022 through 2025- 2026 Capital Improvement Program to increase the total budget for the Southeast Industrial Area Storm Drain Improvements Project (WDR052) by $3,764,000, to be funded from the Disaster Recovery Fund (Fund 240) . The motion passed by the following vote: Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Note: Item 9.3 was advanced to be heard after the consent items, and paused to allow for the 7:00 p.m. start for Item 8.1 to commence. Item 9.3 was heard both prior to and immediately after the public hearing of Item 8.1.
Agenda Item No. 9.3 :
Receive a presentation on the findings and recommendations following a Staffing and Efficiency Study of the Elk Grove Police Department.
Agenda Item No. 9.4
: Consider a resolution 1) approving and ratifying the Real Property Purchase Agreement and Joint Escrow Instructions with Jacobi Elk Grove Ranch, LLC for the purchase of a ±100- acre parcel of land located at the northwest intersection of Kammerer Road and Lotz Parkway [APN: 132- 0320-010], a ±0.80 -acre parcel of land located at 8663 Kammerer Road [APN: 132 -0320-001], and a ±0.16- acre parcel of land located at 8665 Kammerer Road [APN: 132-0320-002]; 2) authorizing the City Manager to take all actions necessary and to execute all documents necessary to effect the purchase of the subject parcels; 3) finding the acquisition of the subject parcels exempt from the California Environmental Quality Act and consistent with the Elk Grove General Plan; and 4) amending the Fiscal Year 2021-22 Annual Budget by increasing the amount budgeted for Economic Development Incentive Fund (Fund 105) expenditures by the amount of $9,525,000, including $9,025,000 for the purchase of the subject parcels, and $500,000 for costs associated with evaluating the subject parcels for purchase and future development opportunities, and closing costs (CEQA Exempt).
RECOMMENDATION
Adopt resolution:
1) Approving and ratifying the Real Property Purchase Agreement and Joint Escrow Instructions with Jacobi Elk Grove Ranch, LLC for the purchase of a ±100- acre parcel of land located at the northwest intersection of Kammerer Road and Lotz Parkway [APN: 132- 0320-010], a ±0.80 -acre parcel of land located at 8663 Kammerer Road [APN: 132- 0320-001], and a ±0.16- acre parcel of land located at 8665 Kammerer Road [APN: 132-0320-002] (the “Property”); 2) Authorizing the City Manager to take all actions necessary and to execute all documents necessary to effect the purchase of the Property; 3) Finding the acquisition of the subject parcels exempt from the California Environmental Quality Act (CEQA”) and finding the acquisition consistent with the Elk Grove General Plan; and
4) Amending the Fiscal Year 2021- 22 Annual Budget by increasing the amount budgeted for the Economic Development Incentive Fund (Fund 105) expenditures by the amount of $9,525,000, including $9,025,000 for the purchase of the subject parcels, and $500,000 for costs associated with evaluating the subject parcels for purchase and future development opportunities, and closing costs.
Elk Grove City Council
Regular Meeting, February 23, 2022
With the aid of a visual presentation (filed), Ann Grava, Real Estate Manager, provided an overview of the staff report and recommendation.
PUBLIC COMMENT:
Matthew Blondell believed the City was in the position to require the development of the site to require local hire, the general contractor should provide healthcare and benefits, and pay Bay Area standard wages.
Motion: M/S S
uen/Nguyen to adopt Resolution No. 2022-053 approving and ratifying the Real Property Purchase Agreement and Joint Escrow Instructions with Jacobi Elk Grove Ranch, LLC for the purchase of a ±100- acre parcel of land located at the northwest intersection of Kammerer Road and Lotz Parkway [APN: 132- 0320-010], a ±0.80-acre parcel of land located at 8663 Kammerer Road [APN: 132- 0320-001], and a ±0.16-acre parcel of land located at 8665 Kammerer Road [APN: 132- 0320-002] (the “Property”); authorizing the City Manager to take all actions necessary and to exec ute all documents necessary to effect the purchase of the Property; finding the acquisition of the subject parcels exempt from the California Environmental Quality Act (CEQA”) and finding the acquisition consistent with the Elk Grove General Plan; and a mending the Fiscal Year 2021- 22 Annual Budget by increasing the amount budgeted for the Economic Development Incentive Fund (Fund 105) expenditures by the amount of $9,525,000, including $9,025,000 for the purchase of the subject parcels, and $500,000 for costs associated with evaluating the subject parcels for purchase and future development opportunities, and closing costs . The motion passed by the following vote: Ayes: 5 (Singh -Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent:
0. Agenda Item No. 9. 5:
Receive a r eport on the state of tobacco retailing in the City of Elk Grove prior to the March 2022 expiration of the Moratorium on the issuance of any new permit, license, or entitlement for any new smoking lounge, smoke shop, or tobacco retailer in the City of Elk Grove (CEQA Exempt).
RECOMMENDATION
Staff will present a report to the City Council on the state of tobacco retailing and recently implemented enforcement enhancements prior to the March 2022 expiration of the moratorium on the issuance of Tobacco Retailer Licenses and new use permits for smoke shops and smoking lounges.
With the aid of a visual presentation (filed), Shane Diller, Assistant Development Services Director, provided an overview of the staff report.
PUBLIC COMMENT
None.
The City Council received and filed the report.
Agenda Item No. 9. 6:
Consider policies for monitoring a return to in- person public meetings in the Chamber.
Elk Grove City Council
Regular Meeting, February 23, 2022
RECOMMENDATION
Staff recommends the City Council receive a report to consider policies for a return to in-person public meetings in the Chamber and provide direction as appropriate.
City Clerk Lindgren provided an overview of the staff report and recommendation.
PUBLIC COMMENT
None.
Mr. Lindgren responded to questions of the City Council noting t he proposed hybrid model was not viewed by staff as continuing in perpetuity, and continued use of a hybrid model would be returned for discussion. For in -person meetings, there would not be any requirements for proof of vaccination or verification of vaccination status a s the current Sacramento County health order was for individuals to conduct self-monitoring.
Council Member Spease supported fully returning to in- person meetings and not continuing remote participation.
The City Council provided direction to return meetings in the Chamber starting March 9, 2022 while offering a hybrid environment on a temporary basis to accommodate remote participants during the transition back to in-person meetings.
COUNCIL COMMENTS / REPORTS / FUTURE AGENDA ITEMS
Council Members Nguyen and Spease had no items to report.
Council Member Hume attended the Sacramento Regional Transit District (RT) Board meeting, and attended the Sacramento Regional County Sanitation District Board of Directors meeting. Mr. Hume raised concerns over recent crimes committed involving homeless individuals, and noted from discussions with first responders and staff the difficulties in addressing on-going criminal issues involving the homeless ( as many times there were rulings from courts or legislation that limit ed the capacity to addres s issues). Mr. Hume believed a majority of chronic homeless were experiencing factors of trauma, mental health, and/or substance abuse, and additional policy steps were needed to approach homelessness and associated issues.
Vice Mayor Suen and Council Member Hume expressed interest to form and serve on a Homelessness Task Force Ad Hoc Committee.
City Attorney Jonathan Hobbs noted staff would schedule to bring the matter back of creating the Homelessness Task Force Ad Hoc Committee at an upcoming meeting.
Vice Mayor Suen noted the Sacramento Area Council of Governments (SACOG) was initiating the 2024 Blueprint , the Metropolitan Transportation Plan / Sustainable Communities Strategy (MTP/SCS) , noting the focus was on transportation, Economic Development, and statutory requirements.
Elk Grove City Council
Regular Meeting, February 23, 2022
May
or Singh- Allen attended regional the Sacramento Regional County Sanitation District Board of Directors meeting, and noted h osting Congressmember Doris Matsui on a tour of Elk Grove.
ADJOURNMENT
Wi
th no additional business to conduct, the February 23, 2022 City Council meeting was adjourned at 9:45 p.m.
JA SON LINDGREN, CITY CLERK
ATTEST:
BOBBIE SINGH-ALLEN, MAYOR