Incorporated July 1, 2000
Website: www.elkgrovecity.org
Bobbie Singh-Allen, Mayor
Darren Suen, Vice Mayor Patrick Hume, Council Member Stephanie Nguyen, Council Member Kevin Spease, Council Member
ELK GROVE CITY COUNCIL REGULAR MEETING
Wednesday, July 27, 2022
6:00 P.M.
Elk Grove City Hall
8400 Laguna Palms Way, Elk Grove, CA 95758
City Council Chambers
The Elk Grove City Council welcomes, appreciates, and encourages participation in the City Council Meeting. The City Council requests that you limit your presentation to three (3) minutes per person so that all present will have time to participate. The City Council reserves the right to reasonably limit the total time for public comment on any particular noticed agenda item as it may deem necessary.
If you wish to address the Council during the meeting, please complete a Speaker Card and give it to the Assistant City Clerk prior to consideration of the agenda item.
AGENDA
1. CALL TO ORDER / ROLL CALL
1.1 Roll Call
1.2 Pledge of Allegiance
1.3 Moment of Silence
2. APPROVAL OF AGENDA
3. CLOSED SESSION
None.
4. PRESENTATIONS / ANNOUNCEMENTS
4.1 Proclamation declaring August 2022 as Diversity Awareness Month [p. 1]
4.2 Update on the City’s efforts to honor Officer Tyler “Ty” Lenehan
4.3 New Hire Introductions
Elk Grove City Council
Regular Meeting, WEDNESDAY, July 27, 2022
2 5. PUBLIC COMMENT
Members of the audience may comment on any item not on the agenda that is of interest to the public and within the subject matter jurisdiction of the City Council.
Each person will be allowed three minutes, or less if a large number of requests are received on a particular subject. The City Council cannot take action on non- agendized items raised under “Public Comment” until the matter has been specifically included on an agenda as an action item. Members of the public desiring a response to a specific question are encouraged to contact any member of the Council or the City Manager at any time. Those audience members who wish to address a specific agendized item are encouraged to offer their public comments during consideration of that item.
6. GENERAL ADMINISTRATION INFORMATION
Report by the City Manager.
7. CONSENT CALENDAR ITEMS
The Consent Calendar items are those expected to be routine and non- controversial. They will be acted upon by the City Council after providing an opportunity for public comment.
PUBLIC COMMENT:
7.1 Receive Treasurer’s Report and Other Post -Employment Retirement Benefits (OPEB) Report for June 2022 [p. 1 -8] (FINANCE)
7.2 Receive the Monthly Disbursement Summary and AP Check Register Listing for June 1, 2022, through June 30, 2022, showing Automatic Clearing House Nos. 20151 through 20254; General Warrant Nos.132851 through 133286; and Electronic Fund Transfer Nos. 90072360 through 90072369 [p. 1 -61] (FINANCE)
7.3 Approve City Council meeting minutes of the June 22, 2022 special and regular meetings and the June 8, 2022 regular meeting [p. 1-25]
(CITY CLERK)
7.4 Receive 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 July 19, 2022 [p. 1-4]
(CITY CLERK)
7.5 Receive report on Requests for Proposals, Qualifications, and Bids [p. 1] (CITY CLERK)
Elk Grove City Council
Regular Meeting, WEDNESDAY, July 27, 2022
3 7.6 Adopt Ordinance No. 17 -2022 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2003 -2 (Poli ce Services) (Annexation No. 60) and
amending Elk Grove Municipal Code Section 3.19.010 (Second Reading) [p. 1-3] (FINANCE)
7.7 Adopt Ordinance No. 18 -2022 levying and apportioning the special tax in territory annexed to Community Facilities D istrict No. 2006 -1 (Maintenance Services) (Annexation No. 80) and amending Elk Grove Municipal Code Section 3.19.010 (Second Reading) [p. 1-3] (FINANCE)
7.8 Adopt Ordinance No. 19 -2022 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006 -1 (Maintenance Services) (Annexation No. 81) and amending Elk Grove Municipal Code Section 3.19.010 (Second Reading) [p. 1-3]
(FINANCE)
7.9 Adopt resolutions declaring intention to: 1) annex territory to Community Facilities District No. 2003-2 (Police Services) and to levy a special tax to pay for police services for the 9840 Farris Lane, 9290 Kliever Way Map, and Poppy Grove Apartments
(Annexation No. 62) and the Souza Dairy (Units 1, 2, 3, and 4) and Esplanade West Projects (Annexation No. 63); 2) annex territory to Community Facilities District No. 2006-1 (Maintenance Services) and to levy a special tax to pay for maintenance services for the 9840 Farris Lane and 9290 Kliever Way Map Projects (Annexation No. 83) ; 3) annex territory to Street Maintenance District No. 1, Zone 3-A1 and to levy a special tax to pay for street maintenance for the 9840 Farris Lane and 9290 Kliever Way Map Projects (Annexation No. 46); 4) annex territory to Street Maintenance District No. 1, Zone 5- T and to levy a special tax to pay for street maintenance for the Poppy Grove Apartments Project (Annexation No. 23) ; 5) annex territory to Street Maintenance District No. 1, Zone 5-U and to levy a special tax to pay for street maintenance for the Souza Dairy (Units 1, 2, 3, and 4) and Esplanade West Projects (Annexation No. 24); and 6) annex territory to Storm Water Drainage Fee Zone 2 pursuant to the Benefit Assessment Act of 1982 for 9840 Farris Lane and 9290 Kliever Way Map Projects (Annexation No. 56) [p. 1 -236] (FINANCE)
Elk Grove City Council
Regular Meeting, WEDNESDAY, July 27, 2022
4 7.10 Adopt resolution 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. 11) for the Poppy Grove Apartments Project [p. 1-10] (FINANCE)
7.11 Receive and file the FY 2021 -2026 Capital Improvement Program Quarterly Status Report for the Fourth Quarter of FY 2021-22 [p. 1-15] (PUBLIC WORKS)
7.12 Adopt resolution authorizing the City Manager to submit a grant application to the Department of Resources Recycling and Recovery for a Local Government Household Hazardous Waste HD39
th Cycle Grant in the amount of $50,000 [p. 1-3] (RECYCLING & WASTE)
7.13 Adopt resolution authorizing the City Manager to execute a three-year contract with an optional two -year extension with Merrimac Petroleum, Inc., dba Merrimac Energy Group of
Long Beach, to provide bulk and card lock fuel services for City-owned vehicles in an amount not -to-exceed $2.5 million, or other such amount as may be directed by the City Council [p. 1-22]
(FACILITIES & FLEET)
7.14 Adopt resolution dispensing with the formal bidding procedure per Elk Grove Municipal Code Section 3.42.180(B)(3) and authorizing the City Manager to execute an amendment to Contract C-22-045 with R.C.A. Investments, Inc., a California Corporation dba Long Beach BMW Motorcycles, to add the purchase of three
replacement motorcycles to the contract, and authorizing an additional expenditure of funds not-to-exceed $133,000, or other such amount as may be directed by the City Council [for a total expenditure of funds over the term of the contract not-to-exceed $261,000] [p. 1-12]
(FACILITIES & FLEET)
7.15 Adopt resolution dispensing with the formal bidding procedure pursuant to Elk Grove Munic ipal Code Section 3.42.180(B)(3) and authorizing the City Manager to execute a contract with Elk Grove-F, Inc., a California corporation dba Elk Grove Ford, for the purchase of three replacement and one additional Police vehicles in an amount not-to-exceed $170,000 with an option to purchase an additional three Police vehicles for a total contract amount not-to-exceed $297,500, or other such amount as may be directed by the City Council [p. 1-71]
(FACILITIES & FLEET)
Elk Grove City Council
Regular Meeting, WEDNESDAY, July 27, 2022
5 7.16 Adopt resolution authorizing the City Manager to execute a master services contract with Dokken Engineering to provide On Call Environmental Services for federal and state-funded projects, in an amount not to exceed $3,000,000, or other such amount as may be directed by the City Council [p. 1-49]
(PUBLIC WORKS)
7.17 Adopt resolution authorizing the City Manager to execute a Master License Agreement with Crown Castle Fiber, LLC, for Small Cell Wireless Communications Facilities (No further environmental review required; CEQA Exempt) [p. 1-58]
(PUBLIC
WORKS)
7.18 Adopt resolution authorizing the City Manager to execute Affordable Housing Regulatory Agreements with T & D Investment Holdings, LLC, a California Limited Liability Company, for the Bow Stockton Apartments Project [p. 1-22]
(HOUSING)
7.19 Adopt resolution dispensing with the formal request for proposal procedure pursuant to Elk Grove Municipal Code Chapter 3.42 and authorizing the City Manager to execute a contract with Policy Confluence, Inc. for civic engagement surveys and analytics in an amount not to exceed annual budgeted amount (or other such amount as may be directed by the City Council) [p. 1-25]
(STRATEGIC PLANNING)
7.20 Adopt resolution dispensing with the formal bidding procedure pursuant to Elk Grove Municipal Code 3.42.180(B)(3) and authorizing the City Manager to execute a Third Amendment to Contract #C -17-297 with Galls, LLC for ballistic vests in the amount of $225,000, or other such amount as may be directed by the City Council ( for a total not -to-exceed amount of $495,000 through July 31, 2025) [p. 1-7]
(POLICE)
7.21 Review Proclamation of Local Emergency in the City of Elk Grove [p. 1-6] (CITY MANAGER/CITY ATTORNEY)
Elk Grove City Council
Regular Meeting, WEDNESDAY, July 27, 2022
6 8. PUBLIC HEARINGS
8.1 SUBJECT: A public hearing to consider an Applicant appeal of the Planning Commission’s denial of eligibility for the Senate Bill 35 ministerial review process, Development Standard Waiver, Density Bonus, and an Affordable Housing Regulatory Agreement with Oak Rose Apt. L.P., a California Limited Partnership, for the Oak Rose Apartments Project located at 9252 Elk Grove Boulevard (APLA 22- 001; APN: 134-0072-011) (CEQA Exempt) [p. 1-290]
STAFF REPORT:
Kyra Killingsworth, Senior Planner
Sarah Bontrager, Housing and Public Services Manager
PUBLIC COMMENT:
RECOMMENDATION
Adopt resolution:
1) Finding the Project denial exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15270 (Projects Which Are Disapproved);
2) Denying the appeal and affirming the Planning
Commission’s finding that the Project does not m eet the City’s objective zoning standards, and therefore is not eligible for Senate Bill 35 ministerial review;
3) Denying the request for a development standard waiver; 4) Denying the requested density bonus as moot and
unavailable in light of the denial of the development standard waiver; and
5) Finding that an Affordable Housing Regulatory Agreement is not applicable to the Project, as denied, and is moot.
8.2 SUBJECT: A public hearing to consider an Ordinance approving a Development Agreement with Richland Planned Communities, Inc. and Beazer Homes Holdings, LLC extending the previously approved Tentative Subdivision Map s for the Arbor Ranch, Moser, Tuscan Ridge South, Treasure Homes, and Madeira South (Phase 4) subdivision projects through June 1, 2027, and authorizing the City Manager to execute the Development Agreement on behalf of the City (No Further CEQA Review Required) [p. 1-60]
STAFF REPORT:
Antonio Ablog, Planning Manager
Elk Grove City Council
Regular Meeting, WEDNESDAY, July 27, 2022
7 PUBLIC COMMENT:
RECOMMENDATION
Introduce and waive the full reading, by substitution of title only, an ordinance finding no further environmental review is required pursuant to State CEQA Guidelines Section 15162 for the Richland Communities Laguna Ridge Development Agreement Project (PLNG18 -069) and approving a Development
Agreement with Richland Planned Communities, Inc. and
Beazer Homes Holdings, LLC.
8.3 SUBJECT: A Public Hearing to consider a resolution approving the Republic Services Report of Delinquent Solid Waste and Storm Drain Utility Charges and proposing their collection on the Sacramento County Tax Roll
[p. 1-110]
STAFF REPORT:
Marsha Ley, Accounting Manager
PUBLIC COMMENT:
RECOMMENDATION
Adopt resolution confirming and approving the Report of Delinquent Solid Waste and Storm Drain Utility Charges (the “Report”) and requesting Sacramento County to collect such charges on the Fiscal Year 2022-23 tax roll.
8.4 SUBJECT: 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. 2003- 2 (Police Services) for The Lyla, Wellington Crossing Townhomes, Elliott Springs, and 10049 Bond Road TPM Projects; Community Facilities District No. 2 006-1 (Maintenance Services) for The Lyla, Wellington Crossing Townhomes, Elliott Springs, Warda Warehouse, and 10049 Bond Road TPM Projects; Street Maintenance District No. 1, Zone 2- I for The Lyla Project; Street Maintenance District No. 1, Zone 3-AH for the Elliott Springs and 10049 Bond Road TPM Projects; and Storm Water Drainage Fee Zone 2 for The Lyla, Wellington Crossing Townhomes, Elliott Springs, Warda Warehouse, and 10049 Bond Road TPM Projects and to introduce ordinances levying and apportioning the special tax to the annexing areas
[p. 1-197]
STAFF REPORT:
Renee Autar, Finance Analyst
Elk Grove City Council
Regular Meeting, WEDNESDAY, July 27, 2022
8 PUBLIC COMMENT:
RECOMMENDATION
Conduct public hearings and take the following actions:
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 District No. 2003- 2 (Police
Services) to the qualified electors for The Lyla, Wellington Crossing Townhomes, Elliott Springs, and 10049 Bond Road TPM Projects.
A-2. Adopt a resolution declaring the results of the special election held on July 27, 2022, for the sixty- first annexation to Community Facilities District No. 2003-2 (Police Services).
A-3. Introduce and waive the full reading, by substitution of title only, an ordinance levying and apportioning the special tax in the sixty-first annexation to Community Facilities District No. 2003-2 (Police Services).
B-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 for The Lyla, Wellington Crossing Townhomes, Elliott Springs, War da
Warehouse, and 10049 Bond Road TPM Projects.
B-2. Adopt a resolution declaring the results of the special election held on July 27, 2022, for the eighty -second
annexation to Community Facilities District No. 2006 -1 (Maintenance Services).
B-3. Introduce and waive the full reading, by substitution of title only, of an ordinance levying and apportioning the special tax in the eighty -second annexation to Community Facilities District No. 2006-1 (Maintenance Services).
C. Adopt a resolution determining to levy assessments in Street Maintenance District No. 1 – Zone 2-I (Annexation No. 9) for the Lyla Project.
D. Adopt a resolution determining to levy assessments in Street Maintenance District No. 1 – Zone 3-AH (Annexation No. 45) for the Elliott Springs and 10049 Bond Road TPM Projects.
E. Adopt a resolution determining to levy assessments in Storm Water Drainage Fee Zone 2 (Annexation No. 55) for The
Lyla, Wellington Crossing Townhomes, Elliott Springs,
Warda Warehouse, and 10049 Bond Road TPM Projects.
Elk Grove City Council
Regular Meeting, WEDNESDAY, July 27, 2022
9 9. REGULAR AGENDA ACTION ITEMS / RECOMMENDATIONS
9.1 SUBJECT: Consider a resolution establishing November 8, 2022, as the date for an election on a proposed ballot measure seeking voter approval to impose a one cent transactions and use (“Sales”) tax for general community purposes, establishing policies and procedures in connection with such an election, approving the accompanying ordinance, and requesting the County of Sacramento conduct such an election [p. 1-33]
STAFF REPORT:
Kara Reddig, Deputy City Manager
PUBLIC COMMENT:
RECOMMENDATION:
Receive information from staff and comments from the public, and then consider adopting, by at least a two -thirds vote of the City Council, a resolution establishing November 8, 2022, as the date for an election on a proposed ballot measure seeking voter approval to establish a one cent transactions and use (“Sales”) tax for general community purposes, esta blishing policies and procedures in connection with such an election, approving the accompanying Ordinance, and requesting the County of Sacramento conduct such an election.
9.2 SUBJECT: Consider appointment of six voting members to the Youth Commission [p. 1-2]
STAFF REPORT:
Jason Lindgren, City Clerk
PUBLIC COMMENT:
RECOMMENDATION
Receive information from Mayor Singh-Allen, with the approval of the City Council, regarding appointment of six voting members to the Youth Commission.
10. COUNCIL COMMENTS / REPORTS / FUTURE AGENDA ITEMS
1. Reports on Regional Boards, Commissions, Committees
2. T ravel/Training Expenditures Disclosure (in accordance with Resolution No. 2009-212 and Government Code § 53232.3(d))
Elk Grove City Council
Regular Meeting, WEDNESDAY, July 27, 2022
10 11. ADJOURNMENT
NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
ADA COMPLIANCE STATEMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (916) 478 -3635 / TTY 888- 435-6092. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
GOVERNMENT CODE 54957.5 et seq.
Public records, including writings relating to an agenda item for open session of a regular meeting and distributed less than 72 hours prior to the meeting, are available for public inspection at the Office of the City Clerk, 8401 Laguna Palms Way, Elk Grove, CA.