Elk Grove City Council
Regular Meeting, April 13, 2022
CIT
Y OF ELK GROVE
Incorporated July 1, 2000
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
Wednesday, April 13, 2022
Note: The Regular Meeting of April 13, 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 April 13, 2022, to order at 6:10 p.m.
Present: Mayor Singh-Allen, Vice Mayor Suen, and Council Members Hume, Nguyen, and Spease.
Absent: None.
Vice Mayor Suen 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 Hume/Suen to continue the public hearing of Item 8.1 to a date uncertain, align the required start time of 7:00 p.m. for Item 8.2, and 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
4.1 Mayor Singh- Allen presented a proclamation recognizing National Volunteer Week, with special recognition to the Elk Grove Police Department’s Volunteers in Police Services (VIPS).
4.2 Mayor Singh- Allen presented a proclamation recognizing April as Donate Life Month to Chris Mateo, Kyla Auqino , and representatives of Sierra Donor Services.
4.3 Vice Mayor Suen presented a proclamation recognizing April as Organic Waste Awareness Month to Marie Mertz.
Elk Grove City Council
Regular Meeting, April 13, 2022
4.4 With the aid of a visual presentation (filed), District Manager Gary Goodman gave a presentation of the Sacramento- Yolo Mosquito and Vector Control District.
4.5 New Hire Introductions. Department heads provided introductory remarks and comments for the new hires and promotions of the last quarter.
PUBLIC COMMENT
None.
GENERAL ADMINISTRATION INFORMATION
City Manager Jason Behrmann reviewed the Administrative Report for April 13, 2022 (filed).
CONSENT CALENDAR ITEMS
PUBLIC COMMENT:
City Clerk Jason Lindgren noted a staff memo (filed ) was submitted in relation to Item 7.9.
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 :
Approved City Council meeting minutes of the March 23, 2022 special meeting.
Agenda It em
No. 7.2: 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 April 5, 2022.
Agenda Item No. 7.3 : R
eceived report on Requests for Proposals, Qualifications, and Bids.
Agenda Item No. 7.4 :
Adopted Ordinance No. 07- 2022 amending Elk Grove Municipal Code Title 8 related to animals; Section 9.08.010 Firearms defined; and Title 23 Zoning (CEQA Exempt) (Second Reading).
Agenda Item No. 7.5 :
Adopted 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 a mending Elk Grove Municipal Code Section 3.19.010 (Second Reading).
Agenda Item No. 7.6 :
Adopted Resolution No. 2022 -070 authorizing the City Manager to execute an Agreement for Acquisition of Privately -Constructed Facilities or Reimbursement of Eligible Expenditures within the City of Elk Grove Community Facilities Elk Grove City Council
Regular Meeting, April 13, 2022
District No. 2005-1 (Laguna Ridge) by and between the City of Elk Grove and Meritage Homes of California, Inc., a California Corporation, utilizing funds from the CFD 2005- 1 Series 2021 bonds pursuant to the Laguna Ridge Community Facilities District Guiding Principles.
Agenda Item No. 7.7 : A
dopted Resolution No. 2022-071: 1) approving and ratifying the Agreement for Acquisition of Swainson’s Hawk Habitat and Agricultural Conservation Easement with Mahon Family Partnership for the purchase of a Swainson’s Hawk Habitat and Agricultural Conservation Easement on a portion of property located at 10171 Grant Line Road [APN: 134-0190-003]; 2) authorizing the City Manager to take all actions necessary and to execute all documents necessary to effect the purchase of the subject conservation easement; and 3) finding the acquisition of the subject conservation easement exempt from the California Environmental Quality Act and consistent with the General Plan.
Agenda Item No. 7.8 : A
dopted Resolution No. 2022 -072 repealing
Resolution No. 2009-129 and adopting new resolution clarifying the City Manager’s authority to accept, allow, defend, compromise, settl e, deny, and/or reject specified claims and claims related applications brought against the City.
Agenda Item No. 7.9 : A
dopted Resolution No. 2022 -073 authorizing the City Manager to execute an Agreement for Deferral of Certain City Impact Fees and related documents with Kubota Tractor Corporation for the Kubota Western Distribution Center Project.
PUBLIC HEARINGS
Note: Under the approval of the agenda, Item 8.1 was continued to a date uncertain, and the public hearing would be re-noticed when returned for consideration.
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) (continued from March 23, 2022).
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 a special election and declaring results of the special election to annex certain territory as described to Community Facilities District No. 2006- 1 (Maintenance Services), and to introduce an ordinance levying and apportioning the special tax to the annexing areas; and resolutions determining to levy storm water drainage fee assessments for the Bond and Waterman Shell with 7-Eleven and Storage Facility Project.
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 April 13, 2022, for the Elk Grove City Council
Regular Meeting, April 13, 2022
seventy-eighth 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. 78) 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. 51).
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 78.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Motion #A-
1: M/S Suen/Nguyen to adopt Resolution No. 2022 -074 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.
C
ity Clerk Lindgren announced of six possible votes, six 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 Suen/Nguyen to adopt Resolution No. 2022 -075 declaring results of the special election held on April 13, 2022, for the seventy -eighth annexation to Community Facilities District No. 2006 -1 (Maintenance Services) . The motion passed by the following vote: Ayes: 5 (Singh- Allen, Suen, Hume, Nguyen, and Spea se); Noes: 0; Absent: 0.
Motion #A-
3: M/S Suen/Nguyen to introduce and waive the full reading, by substation of title only, Ordinance No. 09 -2022 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 78) 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.
M
ayor Singh- Allen declared the public hearing open for Storm Water Drainage Fee Zone 2, Annexation 51.
PUBLIC COMMENT
None.
Elk Grove City Council
Regular Meeting, April 13, 2022
Mayor Singh-Allen declared the public hearing closed.
City Clerk Lindgren stated there was no majority protest. Of six possible votes (weighted according to the proportional financial obligation for each property), six affirmative votes were returned. The ballots approved the proposed assessments and the proposed inflation adjustment limit described for the parcels identified in the ballots.
A resolution determining to levy assessments in the district was available for Council consideration.
Motion B:
M/S Suen/Nguyen to adopt Resolution No. 2022 -076 determining to levy assessments in Storm Water Drainage Fee Zone 2 (Annexation No. 51) . 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 consider a resolution adopting 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 adopt a resolution adopting a final district map for the Redistricting Project.
C
ity Clerk Jason 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.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Motion: M/S Suen/ Spease to adopt Resolution No. 2022 -077 adopting a final district map for the Redistricting Project . 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 an Ordinance approving text amendments to Elk Grove Municipal Code Title 23 (Zoning) and a Resolution approving the City of Elk Grove Design Guidelines Update (No Further Environmental Review Required).
RECOMMENDATION
By a vote of 5 -0 at its meeting on March 3, 2022, the Planning Commission recommends:
1) Introduce and waive the full reading, by substitution of title only, an Ordinance finding that no further environmental review is required pursuant to State CEQA Guidelines Section 15183 and adopting amendments to Title 23 (Zoning) of the City of Elk Grove Municipal Code related to the Elk Grove Design Guidelines Update; 2) Adopt a resolution finding that no further environmental review is necessary pursuant to Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of Elk Grove City Council
Regular Meeting, April 13, 2022
Title 14 of the California Code of Regulations (State CEQA Guidelines) and approving the City of Elk Grove Design Guidelines Update.
With the aid of a visual presentation (filed), Planning Manager Antonio Ablog and Ritu Raj Sharma with the Dahlin Group, provided an overview of the staff report and recommended actions.
Council Member Hume suggested, in relation to the graphic under Chapter 4 for the transition requirement for Multi -Family buildings when adjacent to Single- Family zoned areas, to align the setback guideline lettering with the graphic image to clarify readability of the standard.
Mayor Singh-Allen declared the public hearing open.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Council Member Hume believed a next step was utilizing the design guidelines to encourage preferred design, citing the example of implementing separated sidewalks rather than attached sidewalks, and giving indications where the City would be willing to negotiate on design elements to attain desired built environments.
Motion #1: M/
S Suen/Spease to introduced and waive the full reading, by substitution of title only, Ordinance No. 10- 2022 finding that no further environmental review is required pursuant to State CEQA Guidelines Section 15183 and adopting amendments to Title 23 (Zoning) of the City of Elk Grove Municipal Code related to the Elk Grove Design Guidelines Update. The motion pass ed by the following vote: Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Motion #2 : M/
S Suen/Nguyen to adopt Resolution No. 2022 -078 finding that no further environmental review is necessary pursuant to Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines) and approving the City of Elk Grove Design Guidelines Update. The motion passed by the following vote: Ayes: 5 (Singh- Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Agenda Item No. 8.4 : A
Public Hearing to receive information from staff and
comments from the public regarding California Assembly Bill 481 and to consider an ordinance making the necessary findings and adopting a Military Equipment Use Policy pursuant to Government Code 7070, et seq., to authorize the continued use, funding, and acquisition of “military equipment,” as defined by state law, currently in use or that may be acquired by the Elk Grove Police Department in the future (CEQA Exempt).
RECOMMENDATION
Introduce and waive the full reading, by substitution of title only, an ordinance adopting a Military Equipment Use Policy, approving the use of military equipment, and Elk Grove City Council
Regular Meeting, April 13, 2022
establishing reporting requirements for the funding, acquisition, and use of military equipment by the Elk Grove Police Department.
With the aid of a visual presentation (filed), Tamara Lopez, Senior Administrative Analyst, and Sergeant Greg Moore, provided an overview of the staff report and recommended action.
Mayor Singh-Allen declared the public hearing open.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Motion: M/
S Hume/Suen to introduce and waive the full reading, by substitution of title only, Ordinance No. 11-2022 adopting a Military Equipment Use Policy, approving the use of military equipment, and establishing reporting requirements for the funding, acquisition, and use of military equipment by the Elk Grove Police Department . The motion passed by the following vote: Ayes: 5 (Singh-A llen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
I
tem 8.5 was heard ahead of Item 8.2 which had a scheduled start time of 7:00 p.m.
Agenda Item No. 8.5 :
Conduct Public Hearings in consideration of resolutions calling a special election and declaring results of the special election to annex certain territory as described to Community Facilities District No. 2006- 1 (Maintenance Services), and to introduce an ordinance levying and apportioning the special tax to the annexing areas; and resolutions determining to levy storm water drainage fee assessments for the Bond and Waterman Shell with 7-Eleven and Storage Facility Project.
REGULAR AGENDA ACTION ITEMS / RECOMMENDATIONS
Agenda Item No. 9.1:
Consider policies for in-person public meetings in the Chamber.
RECOMMENDATION
Staff recommends the City Council receive a report to consider policies for continuing with fully in -person public meetings in the Chamber, and staff recommends discontinuing general public comment via hybrid teleconferencing.
City Clerk Jason Lindgren provided an overview of the staff report and recommendation.
PUBLIC COMMENT
None.
The City Council provided direction to discontinue general public comment via hybrid teleconferencing, and continue with fully in-person public meetings in the Chamber.
Elk Grove City Council
Regular Meeting, April 13, 2022
CITY COUNCIL AND FINANCE AUTHORITY JOINT REGULAR MEETING
Mayor / President Singh-Allen called the City Council and Finance Authority joint regular meeting of April 13, 2022, to order at 7:47 p.m.
City Clerk / Secretary Jason Lindgren noted no additional compensation or stipend was received by members of the City Council for their participation as members of the board of the City of Elk Grove Finance Authority.
Present: Mayor/President Singh- Allen, Vice Mayor/Vice President Suen, and Council/Board Members Hume, Nguyen, and Spease.
Absent: None.
Agenda Item No. 10.2: R
eceive a presentation on the Police Department Long- Range Facility Functionality Study.
RECOMMENDATION
Staff recommends the City Council receive a presentation on the Police Department Long-Range Facility Functionality Study.
With the aid of a visual presentation (filed), Samuel Grimm, Senior Civil Engineer, provided an overview of the Police Department Long-Range Facility Functionality Study.
PUBLIC COMMENT:
None.
The City Council received and filed the report.
Agenda Item No. 10.3: A
Joint Public Hearing of the Elk Grove Finance Authority and City Council of the City of Elk Grove to consider adoption of 1) a resolution of the City Council authorizing the financing of public improvements and approving a lease agreement and related documents and actions; 2) a resolution of the Board of Directors of the Elk Grove Finance Authority authorizing the financing of public improvements and approving a lease agreement and related documents and actions; 3) a resolution of the City Council authorizing any and all budget adjustments necessary to complete the financing transactions for the Police Facilities improvements and record the financing closing; and 4) a resolution of the City Council authorizing amendments to the FY 2021- 2022 Budget and FY 2021- 2026 Capital Improvement Program for the 10190 Iron Rock Way Tenant Improvements Project (WFC045).
RECOMMENDATION
Staff recommends that the City Council and Board of Directors of the Elk Grove Finance Authority adopt the following respective resolutions, and together with the Elk Grove Finance Authority, conduct a public hearing to consider approval of a lease- leaseback financing to fund improvements to various police facilities. At the conclusion of the public hearing, staff recommends that the City Council and the Elk Grove Finance Authority each take the following actions:
Elk Grove City Council
Regular Meeting, April 13, 2022
1) Adopt resolution of the City Council authorizing the financing of public improvements and approving a lease agreement and related documents and actions;
2) Adopt resolution of the Board of Directors of the Elk Grove Finance Authority (EGFA) authorizing the financing of public improvements and approving a lease agreement and related documents and actions;
3) Adopt resolution authorizing the City Manager to make any and all budget adjustments necessary to complete the financing transactions for the construction of Police Facility improvements and record the financing closing; and 4) Adopt resolution of the City Council authorizing amendments to the FY 2021-2022 Budget and FY 2021- 2026 Capital Improvement Program by adding $1,337,033 from Series 2022 Lease Revenue Bonds to the Project budget, for the 10190 Iron Rock Way Tenant Improvements Project (WFC045).
With the aid of a visual presentation (filed), Kara Taylor -Seeman, Finance Analyst, provided an overview of the staff report and recommended actions.
Mayor / President Singh-Allen declared the public hearing open.
PUBLIC COMMENT
None.
Mayor / President Singh-Allen declared the public hearing closed.
Motion #1 : M/
S Nguyen/Suen to adopt City Council Resolution No. 2022- 079 authorizing the financing of public improvements and approving a lease agreement and related documents and actions . The motion passed by the following vote: Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Motion #2: M/S Nguyen/Suen to
adopt Elk Grove Finance Authority Resolution No.
FA2022-01 authorizing the financing of public improvements and approving a lease agreement and related documents and actions . The motion passed by the following vote: Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Motion #3
: M/S Nguyen/Suen to adopt City Council Resolution No. 2022- 080 authorizing the City Manager to make any and all budget adjustments necessar y to complete the financing transactions for the construction of Police Facility improvements and record the financing closing . The motion passed by the following vote: Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Motion #4
: M/S Nguyen/Suen to adopt City Council Resolution No. 2022- 081 authorizing amendments to the FY 2021- 2022 Budget and FY 2021- 2026 Capital Improvement Program by adding $1,337,033 from Series 2022 Lease Revenue Bonds to the Project budget, for the 10190 Iron Rock Way Tenant Improvements Project (WFC045). The motion passed by the following vote: Ayes: 5 (Singh- Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
10. 4 Adjournment of the Joint Elk Grove City Council / Elk Grove Finance Author ity Meeting
Elk Grove City Council
Regular Meeting, April 13, 2022
Wi
th no additional business to conduct, the April 13, 2022, joint regular meeting of the City Council and Finance Authority was adjourned at 8:08 p.m.
COUNCIL COMMENTS / REPORTS / FUTURE AGENDA ITEMS
Counc
il Member Nguyen attended the Homelessness Task Force Ad Hoc meeting.
Counc
il Member Spease had no items to report.
Counc
il Member Hume attended a Sacramento Regional Transit District (RT) Board meeting and attended the Homelessness Task Force Ad Hoc meeting. In relation to recent hit and run tragedies, Mr. Hume noted discussions with the Governor’s Office of Traffic Safety that resource s were available for public service announcements and education regarding Pedestrian and Bicycle Safety , and he suggested consideration of a contest held amongst local high schools to highlight the importance of safe vehicle operation.
Pol
ice Chief Davis stated the Police Department would reach out Governor’s Office of Traffic Safety, Mayor Singh- Allen believed an outreach program could be coordinated through City public outreach and communications channels, and Vice Mayor Suen recommended having the Youth Commission look at options to reach out to youth on the topic.
Vi
ce Mayor Suen attended the Sacramento Area Council of Governments (SACOG) Transportation Committee.
May
or Singh-Allen stated the Sacramento Transportation Authority (STA) was seeking a new Executive Director, attended the recognition event of the Elk Grove High School Varsity Boys Basketball Team 2022 California Interschool Federation Division II State Champions, stated she was nominated as the honorary co- chair of the Sacramento Metropolitan Chamber of Commerce Cap to Cap trip to Washington D. C., and had met with Air BnB regarding policies and practices with rental homes and methods to improve the working relationship with the City.
ADJOURNMENT
Wi
th no additional business to conduct, the April 13, 2022 City Council meeting was adjourned in memory of those lost in recent tragic events in the region at 8:18 p.m.
JA SON LINDGREN, CITY CLERK
ATTEST:
BOBBIE SINGH-ALLEN, MAYOR