Elk Grove City Council
Regular Meeting, March 23, 2022
CIT
Y OF ELK GROVE
Incorporated July 1, 2000
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
Wednesday, March 23, 2022
Not
e: The Regular Meeting of March 23, 2022, was held in the City Council Chamber but also provided remote access via teleconference.
CALL TO ORDER / ROLL CALL
Mayor Singh-Allen called the regular City Council meeting of March 23, 2022, to order at 6:10 p.m.
Pr
esent: Mayor Singh-Allen, Vice Mayor Suen, and Council Members Hume, Nguyen, and Spease.
Abs
ent: None.
Po
lice Chief Bobby Davis led the Pledge of Allegiance.
May
or 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 8.2 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 8.2, which could lend to the item moving in the agenda order to commence at the stated start time.
Motion: M/S Suen/ Nguyen to continue the public hearing of Item 8.1 to the regular meeting of April 13, 2022, and to approve the remainder of the agenda as presented, noting the required start time of 7:00 p.m . for Item 8.2. 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 Mayor Singh- Allen presented a proclamation declaring March as Women’s History Month to Trustee Board Members of the Elk Grove Unified School District including Board President Dr. Crystal Martinez -Alire, Trustee Beth Albiani, Trustee Nancy Chaires Espinoza, Trustee Gina Jamerson, and Student Board Member Jaimee Nguyen.
Elk Grove City Council
Regular Meeting, March 23, 2022
4.2 Vice Mayor Suen presented a proclamation recognizing March as Red Cross Month to Dave Wohl and Mike Hernandez of the American Red Cross Elk Grove leadership volunteers.
PUBLIC COMMENT:
Steve Lee thanked outgoing Police Chief Timothy Albright and commended the services and programs of the Elk Grove Police Department.
Lynn Wheat addressed available water resource s to support new growth, and was not supportive of programs proposing to treat wastewater to provide drinking water.
GENERAL ADMINISTRATION INFORMATION
City Manager Jason Behrmann reviewed the Administrative Report for March 23, 2022 (filed).
CONSENT CALENDAR ITEMS
PUBLIC COMMENT
None.
Motion: M/
S Spease/Hume 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 February 2022.
Agenda Item No. 7. 2: Received the monthly Disbursement Summary and AP Check Register Listing for February 1, 2022, through February 28, 2022, showing Automatic Clearing House Nos. 19760 through 19839; General Warrant Nos. 131421 through 131703; and Electronic Fund Transfer Nos. 90072273 through 90072296.
Agenda Item No. 7. 3: A
pproved City Council meeting minutes of the March 9, 2022 special and regular meetings.
Agenda Item No. 7. 4: R
eceived 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 March 15, 2022.
Agenda Item No. 7 .5: Received report on Requests for Proposals, Qualifications, and Bids.
Agenda Item No. 7. 6: Adopted Resolution No. 2022 -060 approving the Final Map for Tuscan Ridge West (Subdivision No. 15- 048) and authorizing the City Manager to execute the Subdivision Improvement Agreement (CEQA Exempt).
Agenda Item No. 7.7: Received the 2021 General Plan Annual Progress Report.
Elk Grove City Council
Regular Meeting, March 23, 2022
Agenda Item No. 7.8: Adopted Resolution No. 2022-061 authorizing the City Manager to execute a contract with S. Groner Associates, Inc. for organic waste recovery public education and outreach services for a term of one year with an optional one- year extension for a total contract amount not-to-exceed $108,630.
Agenda Item No. 7. 9: Adopted Resolution No. 2022 -062 approving the Pavement Repairs and Curb Ramp Improvements in Preparation for WPR022 Phase 1 Project (WPR022); authorizing the City Manager to execute a construction contract with Lamon Construction Company, Inc. for the WPR022 Project in the amount of $1,555,474.15; authorizing the City Engineer to approve change orders not -to-exceed $155,500; and authorizing the City Manager to execute a construction contract with the second lowest bidder, if the first lowest bidder does not meet filing obligations (CEQA Exempt).
Agenda Item No. 7. 10: Adopted: 1) Resolution No. 2022 -063 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. 79); and 2) Resolution No. 2022 -064 declaring intention to annex territory to Storm Water Drainage Fee Zone 2 (Annexation No. 52) pursuant to the Benefit Assessment Act of 1982 for the Clark Brothers Industrial Development Project.
PUBLIC HEARINGS
Note: Under the approval of the agenda, Item 8.1 was continued to the Regular City Council meeting of April 13, 2022.
Agenda Item No. 8.1: A public hearing to consider an Ordinance amending the City of Elk Grove Zoning Map, and a Resolution approving a Tentative Parcel Map for the 9840 Farris Lane Project (PLNG21-022) (No Further Environmental Review Required).
Note: Agenda Items 8.4 and 8.5 were advanced to be heard prior to the scheduled start time of 7:00 p.m. of Item 8.2.
Agenda Item No. 8. 4:
A Public Hearing to consider a resolution approving the 2022 Economic Incentive Agreement Report related to the Economic Development Incentive Agreement between the City of Elk Grove and The Ridge EG East, LP concerning the sales tax subsidy for development of the Costco project.
RECOMMENDATION
Adopt resolution approving the 2022 Economic Incentive Agreement Report related to the Economic Development Incentive Agreement between the City of Elk Grove and The Ridge EG East, LP concerning the sales tax subsidy for development of the Costco project.
Darrell Doan, Economic Development Director, provided an overview of the staff report and recommended action.
Mayor Singh-Allen declared the public hearing open.
PUBLIC COMMENT
None.
Elk Grove City Council
Regular Meeting, March 23, 2022
Mayor Singh-Allen declared the public hearing closed.
Motion: M/
S Nguyen/Suen to adopt Resolution No. 2022 -065 approving the 2022 Economic Incentive Agreement Report related to the Economic Development Incentive Agreement between the City of Elk Grove and The Ridge EG East, LP concerning the sales tax subsidy for development of the Costco project. The motion passed by the following vote: Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0;
Absent: 0.
Note: Agenda Item 8.5 was advanced to be heard prior to the scheduled start time of 7:00 p.m. of Item 8.2.
Agenda Item No. 8. 5:
Conduct Public Hearings in consideration of resolutions calling special elections and declaring results of the special elections to annex certain territory as described to Community Facilities District No. 2006-1 (Maintenance Services) and Storm Water Drainage Fee Zone 2 for the Kubota Western Distribution Center Project, and to introduce an ordinance levying and apportioning the special tax to the annexing area.
RECOMMENDATION
A-1) Adopt a resolution calling a special 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; and A-2) ( Following tabulation and certification of ballot results by the City Clerk ) Adopt a resolution declaring results of the special election held on March 23, 2022, for the seventy-seventh annexation to Community Facilities District No. 2006- 1 (Maintenance Services); and
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. 77) and amending Elk Grove Municipal Code Section 3.19.010; AND
B) Adopt a resolution determining to levy assessments in Storm Water Drainage Fee Zone 2 (Annexation No. 50).
With the aid of a visual presentation (filed), Renee Autar, Finance Analyst, provided an overview of the staff report and recommended actions.
Mayor Singh-Allen declared the public hearing open for CFD 2006-1, Annexation 77.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Motion #A-1: M/S Nguyen/Suen to adopt Resolution No. 2022 -066 calling a special 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 (Singh- Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Elk Grove City Council
Regular Meeting, March 23, 2022
City Clerk Lindgren announced of 44 possible votes, 44 affirmative votes were cast authorizing the City of Elk Grove to levy a special tax at the rate apportioned and described. The measure passed with more than two- thirds of all votes cast in the election in favor of the measure. A resolution declaring the results of the election was available for Council consideration.
Motion #A-2: M/S Nguyen/Suen to adopt Resolution No. 2022-067 declaring results of the special election held on March 23, 2022, for the seventy -seventh annexation to Community Facilities Dis trict No. 2006 -1 (Maintenance Services) . The motion passed by the following vote: Ayes: 5 (Singh- Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Motion #A-3: M/S Nguyen/Suen to introduce and waive the full reading, by substation of title only, Ordinance No. 08 -2022 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 77) and amending Elk Grove Municipal Code Section 3.19.010. The motion passed by the following vote: Ayes: 5 (Singh- Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Mayor Singh- Allen declared the public hearing open for Storm Water Drainage Fee Zone 2, Annexation 50.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
City Clerk Lindgren stated there was no majority protest. Of 44 possible votes (weighted according to the proportional financial obligation for each property), 44 affirmative votes were returned. The ballot approved the proposed assessments and the proposed inflation adjustment limit described for the parcel identified in the ballot. A resolution determining to levy assessments in the district was available for Council consideration.
Motion B: M/S Nguyen/Suen to adopt Resolution No. 2022 -068 determining to levy assessments in Storm Water Drainage Fee Zone 2 (Annexation No. 50) . The motion passed by the following vote: Ayes: 5 (Singh- Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Agenda Item No. 8. 2:
A Public Hearing to select a final district map for the Redistricting Project. (This item has a start time of 7:00 p.m.).
RECOMMENDATION
Staff recommends the City Council select a final district map for the Redistricting Project.
With the aid of a visual presentation (filed), City Clerk Lindgren and Douglas Yoakam with National Demographics Corporation, provided an overview of the staff report and recommended action.
Mayor Singh-Allen declared the public hearing open.
Elk Grove City Council
Regular Meeting, March 23, 2022
PUBLIC COMMENT:
City Clerk Lindgren noted f our written comments and a staff memo (filed) w ere submitted in relation to Item 8.2. The staff memo referenced Map 23, the latest public submittal received after the publication of the staff report on March 18, and the staff memo conducted an evaluation and found Map 23 shared similarities to other maps reviewed during the Redistricting Project process, but those maps were not advanced as finalists for consideration. The drafters of the map utilized one of the three maps that had moved forward for final consideration, and made adjustments with a goal to consolidate within districts what they had submitted and identified as Punjabi communities of interest.
Suman Singha voiced support for adoption of Map 11.
Winty Singh , Tejas Kumar , Mukul Kumar , Gurshan Singh, Shivein Sharma, Marcus Prasad, Naindeep Singh, Shane Sharma, Anokh Singh, Rina Singh, Samreen Aulakh, and Salvin Chahal voiced support for Map 23 ( the revised Map 12) with a focus to preserve the Punjabi -Sikh communities of interest as identified and submitted by the Jakara Movement . Speakers did not believe displacement should be a priority over identified communities of interest, election p recincts should be a minimal concern with the implementation of vote by mail voting and use of voting centers to cast votes , and large acreages in the rural areas of Elk Grove (such as those predominantly in the current District 2) could become different uses with higher densities over their current agricultural zoning.
Randy Bekker supported a map plan that did not disenfranchise current voters and that maintained equal population. He did not believe Map 23 would work as presented without adjustments. Mr. Bekker requested staff explain legal ramifications to ensure the final adopted map did not expose the City to threats of litigation.
Treena Burt voiced support for adoption of Map 11.
Mayor Singh-Allen declared the public hearing closed.
City Clerk Lindgren stated the recent annexation area south of Grant Line Road was inadvertently left from maps in staff report (but would be included in final adoption, and as the annexation area was of zero population it would not alter the demographic analysis presented). Map 23 was an alteration of Map 12, but introduced a new community of interest concept to balance in evaluation, and if consideration of map changes was contemplated based on a suggested community of interest , he suggested going back to drawing a map that included any new suggested communities of interest to re-consider along with the balance of redistricting principles utilized to date.
Mr. Lindgren noted that displacement was inevitable during a redistricting process where there was an increase in population , and the staff evaluations ranked highest often were those maps that minimized displacement.
Vice Mayor Suen noted the rural policy area would continue to keep District 2 from urbanizing, and he clarified that Elk Grove has had districts since incorporation.
Elk Grove City Council
Regular Meeting, March 23, 2022
The City Council deliberated on the matter voicing support for adoption of Map 11 as it had easily identifiable boundaries, created less displacement and disruption , it scored highest on the staff evaluation on most of the redistricting criteria, it had community support, and was unique in that the four districts came together at Elk Grove Boulevard and State Route 99. The City Council recognized that many communities of interest were spread throughout large expanses of the City and displayed the diversity of the community. The City Council expressed concerns with Map 23 that it created increases in voter displacement and placed an increased population count in one district.
Motion: M/
S Nguyen/Suen to select Map 11 as the final district map to be approved at the regular City Council meeting of April 13, 2022 . The motion passed by the following vote: Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0;
Absent: 0.
Agenda Item No. 8. 3:
A public hearing to consider the 2022- 23 Community
Development Block Grant, Community Service Grant, and American Rescue Plan Act Nonprofit Grant funding recommendations (CEQA Exempt).
RECOMMENDATION
Conduct a public hearing to receive information from staff and comments from the public, and then provide direction regarding the allocation of FY 2022- 23 Community Development Block Grant (CDBG), Community Service Grant (CSG), and American Rescue Plan Act (ARPA) Nonprofit Grant funds.
With the aid of a visual presentation (filed), Alicia Tutt, Housing and Grant Specialist, provided an overview of the staff report and recommended action.
Mayor Singh-Allen declared the public hearing open.
PUBLIC COMMENT:
City Clerk Lindgren noted two written comments (filed) w ere submitted in relation to Item 8.3.
Darrci Robertson and Margaret Munson representing the Elk Grove Fine Arts Center voiced support for the staff recommendation.
Lana Shearer, Veronica Piazza, and Justine Raga spoke in support of Musical Mayhem Productions and voiced support for full funding for the program.
Diane Lampe spoke in support of the Elk Grove Homeless Assistance Resource Team (HART) and voiced support for the staff recommendation.
Cat Fithian spoke in support of Uplift People of Elk Grove and voiced support for the staff recommendation.
Mayor Singh-Allen declared the public hearing closed.
Council Member Hume made a statement of his recusal to consider matters related to the Elk Grove Fine Arts Center ( noting the facility rented by the Elk Grove Fine Arts Elk Grove City Council
Regular Meeting, March 23, 2022
Center was owned by members of Mr. Hume’s extended family) , and he noted for Council Member Spease a statement of recusal (as Mr. Spease’s spouse served on the Board of Directors of Runnin’ for Rhett).
Note: Council Members Hume and Spease left at 9:03 p.m.
Motion: M/
S Nguyen/Suen to approve the staff recommendation for funding to the Elk Grove Fine Arts Center and Runnin’ for Rhett . The motion passed by the following vote: Ayes: 3 (Singh-Allen, Suen, and Nguyen); Noes: 0; Absent: 0 ; Recuse/Abstain: 2 (Hume and Spease).
N
ote: Council Members Hume and Spease returned at 9:04 p.m.
Council Member Nguyen noted efforts to coordinate with staff to share information to applicants about alternative sources of federal and state funding opportunities.
Motion: M/
S Hume/Nguyen to approve the remainder of the staff recommendation (those recommendations that did not include the Elk Grove Fine Arts Center and Runnin’ for Rhett). The motion passed by the following vote: Ayes: 5 (Singh- Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Note: Agenda Items 8.4 and 8.5 were advanced to be heard prior to the scheduled start time of 7:00 p.m. of Item 8.2.
Agenda Item No. 8.4 : A Public Hearing to consider a resolution approving the 2022 Economic Incentive Agreement Report related to the Economic Development Incentive Agreement between the City of Elk Grove and The Ridge EG East, LP concerning the sales tax subsidy for development of the Costco project.
Agenda Item No. 8.5 : Conduct Public Hearings in consideration of resolutions calling special elections and declaring results of the special elections to annex certain territory as described to Community Facilities District No. 2006-1 (Maintenance Services) and Storm Water Drainage Fee Zone 2 for the Kubota Western Distribution Center Project, and to introduce an ordinance levying and apportioning the special tax to the annexing area.
REGULAR AGENDA ACTION ITEMS / RECOMMENDATIONS
Agenda Item No. 9.1 : Receive an update on the Zoo in Elk Grove Project including the Feasibility Study and Economic and Revenue Impact Analysis ; consider a resolution authorizing the City Manager to execute an amendment to the Exclusive Negotiation Agreement with the Sacramento Zoological Society, extending the term through May 31, 2022, and direct the City Manager to negotiate a Memorandum of Understanding with the Sacramento Zoological Society (CEQA Exempt).
RECOMMENDATION
Staff recommends that the City Council:
1) Receive an update on the potential Zoo in Elk Grove Project including a rev iew of the Feasibility Study and Economic and Revenue Impact Analysis; and Elk Grove City Council
Regular Meeting, March 23, 2022
2) Adopt a resolution authorizing the City Manager to execute an amendment to the Exclusive Negotiation Agreement with the Sacramento Zoological Society, extending the term of the Agreement through May 31, 2022; and
3) Direct the City Manager to negotiate a Memorandum of Understanding with the Sacramento Zoological Society.
With the aid of a visual presentation (filed), Christopher Jordan, Director of Strategic Planning & Innovation, Jason Jacobs with the Sacramento Zoo, and Rick Biddle with RS&S, provided an overview of the staff report and recommendation.
Motion: M/
S Hume/Suen to waive rule of procedure not to consider new business after 10:00 p.m. and to proceed with the remainder of the agenda. The motion passed by the following vote: Ayes: 5 (Singh- Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
PUBLIC COMMENT:
Elizabeth Stallard, Walt Hess, Judy Parker, Michael Ziccardi, Randy Bekker, Dominic Farinha, Treena Burt, Tony Renteria, and Anam Suhail voiced support for the staff recommendation. Mr. Bekker believed complete transparency was needed in how the project would be financed, and Ms. Suhail raised concern of the odors t hat may come from the zoo.
Lynn Wheat was concerned that the City bought property for the zoo site prior to the feasibility study being presented, and additional land was being included from the action under the special meeting agenda. She believed bond financing would likely be needed for the construction of the zoo, and she believed land under the purchase was likely needed as collateral for the bond issuance or sale for development in vicinity of the project area.
Council Member Hume noted the initial land purchase enabled the City to have the conversation for the zoo, the land identified on the special meeting agenda was the same land and acreage (not any additional land) as the proposed zoo project site, and the purchase was conducted direct to the land owner at a savings to the City .
Mr. Hume encouraged transparency throughout the process on the project feasibility as well as the financially feasibility , to further evaluate assumptions, to minimize unintended consequences on policies and operations (such as effects of ride share on paid parking assumptions), and continue discussions in earnest focus ing on the capacities and sources to bring the project to fruition.
Vice Mayor Suen noted the land purchase allowed for continuation of discussion of options regarding the zoo by having a physical location. He hoped the site would explore bringing the reptile house and a wombat exhibit, and would link to higher education uses and facilities such as partnerships with UC Davis . Mr. Suen noted further analysis was needed on costs, both capital and ongoing maintenance, to look for opportunities to refine assumptions to make a viable and sustainable project.
Council Member Spease voiced support for validation of assumption statements with the assistance of an outside zoo consultant.
Elk Grove City Council
Regular Meeting, March 23, 2022
City Manager Behrmann noted Kevin Bell, retiree of the Lincoln Park Zoo in Chicago, had been consulted to evaluate the assumptions presented in the feasibility study and would continue to assist the City throughout the process.
Council Member Nguyen agreed with keeping the process transparent as discussion continued and thanked Economic Development Director Darrell Doan for bringing the possibility of the project forward.
Mayor Singh-Allen noted the significance of this first step to bring a community amenity which was a once in a lifetime opportunity. She appreciated the participation and support of the community to date, including an online town hall, and looked forward to the start of a process to make this public-private partnership project move forward.
Motion: M/
S Suen/ Nguyen to adopt Resolution No. 2022 -069 authorizing the City Manager to execute an amendment to the Exclusive Negotiation Agreement with the Sacramento Zoological Society, extending the term of the Agreement through May 31, 2022. The motion passed by the following vote: Ayes: 5 (Singh- Allen, Su en, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
The City Council further directed the City Manager to negotiate a Memorandum of Understanding with the Sacramento Zoological Society.
Agenda Item No. 9.2 : C
onsider establishing a two- member ad hoc committee of the City Council to discuss strategies related to addressing homelessness.
RECOMMENDATION
Consider establishing an ad hoc committee of the City Council to discuss strategies related to addressing homelessness and designate two members of the City Council to serve on the ad hoc committee.
Sarah Bontrager, Housing and Public Services Manager, provided an overview of the staff report and recommended actions.
PUBLIC COMMENT
None.
The City Council deliberated on the matter and came to agreement to move forward at this time with an ad hoc committee to expedite fact finding of resources currently available and opportunities where policy changes could assist in addressing homelessness issues.
Council Member Spease inquired when the results of the Point In Time Count would be returned, and staff noted it was anticipated to be available June 2022.
The City Council establish ed the Homelessness S trategies Ad Hoc Committee and Mayor Singh- Allen appointed Council Members Hume and Nguyen to serve on the committee.
Elk Grove City Council
Regular Meeting, March 23, 2022
COUNCIL COMMENTS / REPORTS / FUTURE AGENDA ITEMS
Vi
ce Mayor Suen and Council Members Nguyen and Spease had no items to report.
Counc
il Member Hume expressed thanks to Code Enforcement for addressing nuisance issues at a residence on Grant Line Road just south of Pleasant Grove School Road, and inquired if there was a location for p roper flag disposal service (City Manager Behrmann noted a drop off location for proper flag disposal service was available at the Veterans Hall at District56).
May
or Singh-Allen congratulated Bobbie Davis on his selection as Police Chief.
ADJOURNMENT
Wi
th no additional business to conduct, the March 23 , 2022 City Council meeting was adjourned at 11:08 p.m.
JA SON LINDGREN, CITY CLERK
ATTEST:
BOBBIE SINGH-ALLEN, MAYOR